davidaulloa/AmericanStories huggingface dataset:
Wood River times. [volume] (Hailey, Idaho) 1882-1915, 1889-03-16

court to correct or supervise acts
done by real Legislature, or the ef
feet for any purpose, of real legisla.
tive records, or whether such real
records can, or cannot, be impeached
collaterally, and any and all ques-
tons, and l think either in the ma
jority opinion of this court or other
wise the existence of real
Legislature and based on a presump-
ton founded on real records are
wholly irrelevant, or do not bear on
this case. These questions comprise
most OF the arguments of those de.
murrants, and have no bearing on
the case before this court. They
are collateral merely. Those papers
are not called in question collaterally,
but directly; by proceedings provided
by law, to determine whether they
are in fact, records of a Legislative
body or not; and if not records, to
have them or such of them as are not
records, so declared; and to have the
spurious portions expunged and the
true records substituted. This is .
plain and simple duty of the court,
for which it was created and armed
with plenary power.
"These considerations apply as
we'll to the case OF Clough, Presi.
dent of the Council, VS.. Curtis, Score.
tary of the Territory, as to this case.
The facts in the two cases are, in The
main, the same, only that like pro.
ceedings took place in the Council as
in the House, and except in that case,
a fact is also alleged, and admitted by
the demurrer, that the true record
was mutilated, that three leaves of
the genuine records which had actually
been written up and approved before
adjournment, were removed from the
records and their places supplied with
matter falsely purporting to be 6
record of proceedings by the Lecis
lature before it had expired.
"THE HIGH HANDED CHARACTER
OF THESE ACTS SHOULD BE INvEsTI
GATED, AND SHOULD NOT BE HIDDEN
If THESE GRAVE CHARGES BE NOT II
FACT TRUE, LET THEM BE DENIED
AND LET BOTH SIDES BE ADMITTED tt
THEIR PROOF. THE DEMURRER
I'm BOTH CASES SHOULD BI
OVERRULED."
Wood River times. [volume] (Hailey, Idaho) 1882-1915, 1889-03-16
JUSTICE BERRYS OPINION.
THE DEMURRERS IN THE MAN.
DAMUS CASES SHOULD BE
OVERRULED.
Complained Of Should be Investigated,
and the Charges SubstaAtiated or
DiSprOved.

OVMRl0tuCu Va oUUulu NC III vcSttfS 0tCVS
and the Charges Substantiated or
Disproved.
Justice Berry's opinion in the man
damus case Instituted by H. Il. Burk
hart, Speaker of the House Of Repre-.
sentatives Of Idaho, against Charles
H. Reed, Chief Clerk of the same, and
&. j. Curtis, Secretary of the Terri
tory; and of President Cloush, of
the Council, against the Territorial
Secretary, has been received.
At the outset His Honor states that
the object of the proceedings is to
secure the issuance of writ of man
damus against certain public officers.
IS II is a familiar principle in law"
says the learned Judge, "that the allie
cations of a pleading demurred to
shall, for the purpose of that proceed
ing, be taken as true. The allega-
tons of the complaint are therefore to
be taken as admitted" Then follow
the complaint and demurrer, after
which His Honor continues:
"There is, l think, no room for a
serious question that this court has
full and complete power to issue the
writ as prayed; also, that it has juris
dlction OF the subject-mat,er of the
complaint. The power to issue wrlts
of mandanus must be vested some
where and the Legislature, i'll plain
and unequivocal terms, has conferred
it upon this court. * =
$50 of the jurisdiction of the court
ovev the persons Of both defendants
1t makes no difference that one Of
them, the Secretary of the Territory
is appointed by the President of the
United States. He is not, therefore
the executive branch of the United
States government, nor even of the
Territory of Idaho. Congress has
declared, in the organic act of the
Territory, that the executive power O
the territorial government is vested ii
the Governor alone. The Secretary
is no more above the laws than thu
Marshal, the U. S. District Attorney
or the deputies of either of these off
GERS, or the most humble person il
the land. The authorize
are numerous and clear that eve'
Cabinet officers are equally subjec
to the mandate of the courts with an
other person. But it is not necessar.
to cite those authorities. The on
principally relied on by the defend
ants is that Of Marbury vs.. Madison
But that case was decided on othe
grounds than the official character q
the party defendant. Congress SUP
piled the defect found in the law i
that case, by comforting the needle
power to issue the writ on the court
of the District of Columbia. Sine
then, Cabinet officers have CONSTANT
been held subject to the jurlsdictio
of courts with no more power tina
this court. If the court can issue
writ at all, and OF which there is n
doubt, no case can reasonably be SUI
posed, unless it be tho case OF Cloug
vs.. Curtis now pending in this cour
involving a part OF this controvers'
calling for the exercise OF this pow'
moro emphatically than do the ADM
Macon beacon. [volume] (Macon, Miss.) 1859-1995, 1889-06-08

A,uo pluck survives. our pocKets are
nsnv! oul' II nothing more happehs' all OF
10 WIZ pe III BUSINESS again
me central portion oil Johnstown is as
completely obliterated as ifit had never had
louhuatlOns. Inc river mas made It's bed
upon the sites oil the dwellings, and a vast
area Of sand, mud, gravel and furrowed
ground marks the old channel. 1t is doubt
iul II II is possible ever to reclaim what was
once the business portion of the city. The
river viii have to be returned TO its old bed
IN order to do this, and that is an engineer
ing leat hardly possible
Inc massive accumulation of debris ex-
tending from 500 to LOCO feetalong the south
shore OF the Conemaugh and Immediately
Macon beacon. [volume] (Macon, Miss.) 1859-1995, 1889-06-08
20 LITTLE NONSENSE"

-Ths gilded youth who arrays him
self les, gorgeously than his brother
swell is kind of sub-dude.
-Convalesceut youth-"I can't
swaller dis tallow, nanny, deed |
,an't?n Mother-"You'd better eat
iat candle, you triain' niger! Amt
le doctor charged me ter keep you on
a light diet?'
Mrs, Quizzly-"Why, General,
you don't seem to like to see the ladies
kiss each other" General Oldbeau-
"The result of military education,
madam. never like to see good am
munition wasted
Mr.. Dasey (holding up decapi-
tated but squirming eeD-"Honorah,
will yez catch on to tn baste?' Mrs.
Dasey-"Oi fought it wuz kilt" Mr..
Dasey-"So it is, Honorah, so it is;
but tn baste hasn't sinse enough to
know it."-Life. 49,.
-She-"Do you love music? lam
passionately fond of it," He Gust in
troduced)-"I knew you were, |
watched you the other night at the
opera, and the way your jaws kept
time to the music was a-' She-"Sir''
-Terre Haute Express.
-"Uncle 'Rastus, you're failing fast.
You're eighty, and guess this is the
last year of your life" "Well, maybe
it is, boss; but | don't know dat I'm
failin'. Any how, I'm good bit
stronger than | whar de fust var ol
my life. The Epoch.
-Teacher-",T Johnnie, what pare OF
speech is nosep" Johnnie-"Taint
emmy part of speech" Teacher-"Ah,
but it must be.n Johnnie-"M "Mebbe
your'n is. because you talk through
it; but the only part OF speech that
I've got is my mouth. IN. Y. Ledger.
Bobby, are you too lame
and tired to walk a mile and half to
the circus?n Bobby--''No, indeed,
father" Fatser-"Well, then, you
will 90 out in the yard and run tie
lawn mower until bedtime. I've nc
circus monGs this year. " Omaha
World.
IL am afraid yotr wife will give
you a cold reception said Sip,pkins
to his friend with whom he hat been
out rather late. "Yes; she is very in
consistent about those matters. an
consistent" Yes; she gives me
cold reception in warm weather, and a
warm reception in cold weather.
Merchant Traveller.
AT the Fish Dealers. PLEASE
send up to my hoise tomorrow
couple of nice bash" "Yes, sir"
"And, by the way, De sure they are
bass. I'm going off Tor day, and-er
-er-the last time , went | told my
wife it was for trout aShing and you
sent up a fresh mackrrel. These little
errors OF yours are causing strained
relations in iuy family. Epoch
Macon beacon. [volume] (Macon, Miss.) 1859-1995, 1889-06-08

"Cfty Of the Dead" for at this point the
Conemaugh has given up large portion of
its dead. When the waters receded from
the helds and bottom lands over which it
nad nowed, stif, staring and naked bruised
and mangled bodies of men, women and
chlldren-frOm the aged to the infant-pre-
hehted most horrible scene, making heart
SICK those who witnessedit. Nunemacher's
pldhlng mill was used as temporary
morgue and it was there that the blood
stained, swollen and disfgured remains Of
Whltes and negroes were first placed for
protection and Identification, if such thing
We're possible Some of the faces were
Wreathed in dimpled smiles; upon others
death stamped looks of agony and horror,
mat spoke the inexpressible language Of
the soul while struggling with death. Most
OF The bodies recovered at this place were
catholics and around their necks hung en-
olems OF their religion. The attire and
features OF majority showed them to be
OF the lowly class, yet there were many
bearing evidence of culture, refinement and
prosperity.
Directly across ther river in Indiana County
there are 3l5 bodies reported lying in the
open air unattended to. The officials of In
diana County sent word that they would at
tend to the recovery Of these bodies during
the day. The probabilities are that large
majority of the victims will never be identi-
fled and will fill nameless graves. During
the day several personl sisceeded in plag
ing tour of what is left OF Johnstown. On
the upper floor Of the club house, the best
preserved building standing, five bodies are
lying, unidentified, one of them woman
of fine appearance. Here and there bodies
can be seen sticking in the ruins
There is no doubt but what, wild as the
estimates Of the loss of life and damage to
have been, it is even larger than
there is yet any idea of. More than 1000
Macon beacon. [volume] (Macon, Miss.) 1859-1995, 1889-06-08

residences lie in the confused mass Of burn
ing debris lodged above the stone bridge at
the lower end of the town. The ruins are
reeking with the smell Of dccaying and
burning bodies Near the edge Of the ruins
the decaying body of a stout colorcd woman
is living. like the uucared forremains of an
animal
At Superintendent Pitcairn's office it was
stated to the many inquirers for informa-
ton of friends who were on the second Soc
tion Of the day express which was reported
to have been burned near Conemaugh, that
twelve of the passengers were missing.
''No lives were lost by fire. said Mr.. Pit
cairn, "but those missing may have been
drowned. The fire was caused by car load
Of lime which ran down against the train.
The action of the water on the lime caused
the conhagration A parlor car and three
Pullman sleepers were consumed"
Frank Schacfrcr, of Meyran avenue, this
city, received a telegram yesterday from
his son Frank, in Johnstown, reporting the
death of Franks brother and twenty other
relatives of the family-three brothers'in-
law and their families.
Ex-Deputy Revenue Collector Samuel
Hawthorn, Of Allegheny, received informa
tion last evening that four brothers, two.
sisters. seventeen nephews and nieces had
perished in the food at Johnstown.
The mayors of both Pittsburgh and ALE
gheny issued calls Saturday for mass meet
inrs. which were responded to by throngs
of Pittsburghs wealthiest men. AT one p,
m. $50 900 was in hand and at five the sum
Rp.
Macon beacon. [volume] (Macon, Miss.) 1859-1995, 1889-06-08
FLOODS AT OTHER POINTS.

ELMIRA, n. Y, June inns CITY Is III
bad shape. The streets OF the populous
Fifth ward, which contains nearly quarter
of the inhabitants OF the city, are almost
impossible on account OF the WrecKage
with which they are strewn. Riverside
Park is wholly devastated Bfadstreel
agent estimates the damage to this city
alone to be not less than s3e'oOo' Inc hrle
express No, /, which arrived in the lower
part of the city Saturday, did not get INTO
the city proper until Monday morning. Two
spans of the Lackawanna bridge at Nayer-
ly are gone and number Of miles OF Erie
track between here and Palnted fosu nave
been washed aut.
The Northern Central trains from the
south are blocked below Canton and Mime
ouah since Friday afternoon. One passen-
ger train is between two big washOuts and
can not be reached. The road will not be
opened for business in three or four days.
At Bodine a woman was drowned. Two
children belonging to Levi Close were
drowned at Freeman. near Addison, and his
wife was fatally injured. Reports coming
in from the country show terrible state OF
affairs and the loss Of twelve lives at lloga,
Pa, is also reported.
W,sutxGToy. June 4.-The flood here has
subsidized. The loss Of property along the
wharves in Washington and Georgetown
and in the business portion of this city,
which was submerged Sunday, is incalu-
Macon beacon. [volume] (Macon, Miss.) 1859-1995, 1889-06-08
TIE DOOMED CITY.

The telegraph accounts Of the disaster At
Johnstown have given little or no informa-
ton of the town itself, so that the following
brief summary Of its former population and
manufacturing industries will be read with
interest and also aid in gaining clear idea
OF the nature and extent of the property
destroyed
Johnstown was beautiful manufacturing
town, situated in the valley OF the Conemaugh,
surrounded BY immense hills The p0pu atlon
Of the borough proper was at out 5000, but inc
population Of the city was 10 reallty close 70
25nO; spreading along all the valleys ana nil
and Baltimore & Ohio railroads reached the
town, the main line of the Pennsylvania passing
through IL.
The great manufacturing establishment OF
Johnstown was the Cambria iron ana steel
works 1t was built in 1853 and IS an immense
establishment. Its capacity oi inns 1cd steer
per annum was $1,000 net tons OF steer ralls
and 20,0O0 net tons Of steel in other Shapes.
The mill turned ont steel rails, spice Dars'
angles, flats, rounds axles' Dlllets anu hlr5
RODS. There were nine Siemens ana iorty'l"o
feyerbatory heating furnaces, one seYen-toA ana
two G,OOO- O-pound hammers and the trains OF rolls
The Bessemer steel works made their first
blow July 10, 1871, and contained nine gross ton
conyerters with an annual capacity OF 2oOV'
net tons OF ingots. In 1873 two hfteen-gross
| Ton SlemtuS DpeHHbdTlu Hi''i iulH"NS7 49,
built, with an annual capacity OF 2),IOJ net TONS
Of ingots.
| The Cambria iron company also own the
| Gautier steel works at JOhnstown. which were
| erected n 1s7s The rolling mill produced an,
nually A. o net tons pf merchant bar steer ol
every trre and for eiery purpose. Inc "4rt
mil mad a capacity alone OF 300 tons OF fence
| wire
| The blast fu naces OF the Cambria iron com
pany had six stacks at JOhnstOwn, four Dullt ~
| 1853 one in 1871 and one in 1879. Their tota
annual capacity was 32l,I0J net tons, The cam
brla iron company employed about 5000 men in
its various mills The total number Of It's EN-
ployes, including mi lyrs, was 5000.
There are numerous bituminous coal mines
near Johnstown operated by the Cambria iror
company, the Euclid coal company and private
persons.
There were three wOolen mills, employing
over 800 hands and producing an annual prod
uct valued at s3 lO,IOl.
The Gautier steel works, located in upper
part Of the town and under the management o.
the Cambria Company are among the most ex
| tensive and best known IN the country Iht
Johnson street railway mill, manufacturinH
steel rails for street railroads is situated IN one
| OF the new suburbs and is one OF the important
industrial establishments Of the valley
There were in the town several large tan
neries three breweres and other manufacturing
| establishments. In 1858 the assessed valuation
OF real property in the borough was something
over Il, % 1000 This really represents abOu,
| one. fourth OF the actual value.
Macon beacon. [volume] (Macon, Miss.) 1859-1995, 1889-06-08
AID FOR THE SUFFERERS.

COIUNBCS, u, June 0.-bONeTuoF fuTdhtI
has issued proclamation calling upon the
mayor of each city and town in the State to
take necessary steps to secure contributions
for the relief of the Pennsylvania flood suf-
fers Where it may not be more convenient
to transmit them directly, contributions may
be reported at once to Hon. William &.
Deshler Columbus, o., whom the Governor
has appointed TO receive and forward the
same to the properrelief committee Penn
sylvania.
CLEVELAND, O., June 4.-Meetings in aid
of the COnemaugh valley sufferers were
held here yesterday and over Sl2MO sub
scribed, which. with the amounts given
Sunday swell the total of Clevelands con-
tribution to nearly 10000 besides large
quantities of clothing, provisions, etc,
ALBANY, n V, June 3.-Govemor Hill
has issued a proclamation calling the atten-
ton of the people of New York to the dis
aster which has befallen the inhabitants OF
a large section of Pennsylvania and invok-
ing the efforts of citizens and organizations
toward relieving the consequent distress
WASHINGTON, June THE President will
preside over a meeting of citizens to-day to
arrange for relief for Johnstown sufferers
by the flood
Mr.. Cadawaader Biddle, of Philadelphia,
a member of the Pennsylvania State Board
of Charities, had long conference at the
Treasury Department yesterday with As
sistant Secretary Bachelor concerning the
legality of applying Pennsylvanias appor-
tionment of the Government appropriation
Co., fnraieyu iurOiyrants A tho
benefit Of the Conemaugh sufferers. The
amount standing TO Pennsylvania's credit is
about $4,000, and Mr.. Biddle urged that the
whole of this be used in aiding those for
eigners who had suffered from the disaster.
General Bachelor said he was willing to
do this if the law would permit but he
found it impossible, looking at the matter
from legal point of view, to recommend
such action. He thought, however, that the
money could only be used in relieving those
foreigners who had landed at Philadelphia
and who had not by a residence of over "a
year in any of the afflicted towns, rendered
themselves dependent on the local authori-
ties for charity. \ recommendation to this
effect was made to Secretary Window and
he approved it before Mr.. Biddle left the
department
New YORK, June About 200 leading
citizens met at the city hall yesterday and
formed Johnstown relief committee, with
Mayor Grant as chairman. This committee
appointed an executive committee, headed
by General Sherman. An address to tho
citizens was drawn up and adopted and
about s6O,0O was subscribed on the spot.
The Stock Exchange raised Sl5,0O), the Pro-
duce Exchange $1,000 and the Mail and En-
press s., 800 in a short time. These amounts
will be largely increased. The other ex-
changes are also raising large suns. Many
theaters are arranging benefit perform
ances. The police and fire departments have
authorized iiremen and policemen to clrcu-
culate subscription lists, The newspapers
have all opened lists.
Macon beacon. [volume] (Macon, Miss.) 1859-1995, 1889-06-08

and OF these only ten are living. Four trav-
elers who were staying at the Hurlbut won't
to the foarth floor when the food came, and
| after wishing each other Goodbye sur
rendered themselves TO fate Fate was
death to three of them. Those three were
John Little, OF Sewickley; w. J. Cox, of
Philadelphia, and Il. Smitz. The one sur
vlvor Is John Dorsey, of NJ. A. Retew, & Co,
Philadelphia, The register Of the wrecked
hotel can not be found and it is impossible
TO give the names Of all those who perished
in the house. Those who are known to have
persisted are: Elmer Brinker and DIR.
Brinker, two brothers, two Mrs. Richards,
a man named Butler, Mrs, Miss and Lewis
Benford, mother, sister and brother Of the
proire,or. Mrs. Smith and her two chill
dret ascended to the fourth floor with the
four travellers when the food came. The
wonsan was drowned and the man escaped.
j. q. Gill and thirty-iiye men who had
started to go up the mountain were all
| drowned by the reservoir torrent which
overlook them. Gus McHugh, an engineer
| on the Pennsylvania railroad, was sleeping
In his house at Conemaugh when the tor
rent rushed down the valley. Hswife was
away from home, McHugh All flour chill
dren were drowned ~&A
Mrs. Ogle, the manager of Ne Western
I'm IN Office, who died at her post, .will go
dov in history as heroineof the highest
\ dr. Notwithstanding the repeated notiti-
u. Mr.. Which she received to get out Of
reach of the approaching danger, she stood
| by the instrument with untlinching loyalty
and undaunted fearlessness, sending words
of warning to those in danger in the valley
below. When every station in the path of
the coming torrent had been warned she
wired her companion at South Fork This
is my last message and as such it shall al
ways be remembered as her last words on
earth, for at that very moment the torrent
/ engulfed her and bore her from her post on
earth to her post of honor in the great be-
yond.
| Conemaugh, Woodvale, Kernville, Cam
| bria City and other surrounding towns in
| the flooded district are as badly off as Johns
| town. At Conemaugh the inhabitants of
| the lower lying portion of the town have
| been literally wiped out of existence At
| Woodvale the percentage Of death is even
| greater than that at Johnstown. Kernville
has only house or two as monument to
| its former respectable proportions
| Cambria City is not even ghost of its
| former self, while all along the line of the
torrent the isolated houses Of hundreds are
without occupants. The relief provisions
| for Johnstown must be extended to these
other places as rapidly as railroad trans
portation facilities can be furnished. The
towns named all lie between Johnstown and
the South Fork dam, whose bursting caused
the disaster
At Woodvale the dead bodies of hundreds
are lying in the debris, relatively as numer-
ouSly as they are in Johnstown. At Cone
maugh the same condition of things prevails.
The scarcity of the living at bo tn places
makes the recovery of bodies very slow
work.