davidaulloa/AmericanStories huggingface dataset:
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1890-04-27
sales in all respects as if made under the order

sales in all respects as if made under the order
OF the court
In this case we must presume the testator
made his will in view of the provisions of the
statute in force at the time he wrote it. He
devised his property in fee to his children. and
conferred upon his executors the mere power to
sell as much Of his property as may be neces
authorized them to sell at either public or pri-
vate SALE in their discretion, but gave them no
other discretion in the conduct of the sale, and
gave no directions as to how the sale should be
conducted. He did nothing indicating an inten-
ton to take the execut ton of his will out of the
probate act. The power to sell his property is
conferred uDon his executors, whoever they may
be. and is not conferred upon the executors in
this Will by name. The appointment of the ex
ecutors Is separate and Independent provision.
He must have made it with the understand
required to comply with the provisions of the
probate act and that it would be under the pro-
vision of the probate court. 1t is reasonable
to conclude when he authorized the executors
TO sell at public or private sale, he meant the
kind of private sale provided for in the statute
and which required that notice should be given.
Ii he had intended that these sales be made
without notice, it is reasonable to conclude he
would have so stated.
We are of the opinion that the will in this
case confers mere naked power upon the exc
whether sales of property shall be at public or
private sale, but that, in which ever way they
proceed, the sale must be concluded pursuant
to the statute, and that the statutory notice not
having been gwen of the sales in controversy
they are invalid
The judgment of the district court is affirmed.
We concur: Zane, G. j. Blackburn, A J.
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1890-04-27
IN RAILWAY CIRCLES
The Handsome 'sEli'' Trains On
the Rio Grande Western
WILL BE STARTED NEXT SUNDAY,
The Trouble With the Rock Island Conduc-
tors-Pr0fits of Fast TRANSFER
sOnal and General.

The Rio Grande Western will add four
more trains to it's passenger service be-
tween Salt Lake and Ogden, commencing on
Sunday, May 4. These will be known as the
"Eli'' trains, and we have the assurance
OF MIR. Bennett that they will ''git thar"
This addition will give the Western four
trains each way between Salt Lake and
Ogden, and the time of leaving will be as
follows: No. 5 C'EG), 500 am. No. 8,
sos am; No.. C'Eli"), 4:3O pm; No. /,
7:O5 pm. Trains will then arrive in Salt
Lake as follows: No. 2, 1O:45 am; No. 6
(EhO, 1910 pm; No. 4, 7:05 pm; No.
C'Ell''), S 40 pm.
The "Eli'' trains will in one respect re-
semble time and tide, they will wait for no
man. Those who desire to make the pill
grimage to Ogden by the''.Eli'' must be at
the depot on time. If one is thirty seconds
late, he will probably be able to see the
train vanishing in the distance AS Mr.
Bennett says: 'They will arrive and de-
part exactly on the hour and minute named
This can be depended upon, as we propose
to make this speciality. OF course, the
through trains are liable to be little late
at any time, and in order to give our
patrons the best service possible we have
concluded to put these trains on. Il don't care
who knows 1t, either; they are the finest
trains in the United States today
The elegant coaches which will be used
on these trains are 81 feet long, feet s in
ches wide; roofs are Pullmaa's standard
arranged for vestibule; they are ventilated
by patent devices over the doors.
The interior is finished in mahogany.
with antique oak head lining These
woods are the finest productions and es-
peclally selected for the work. The seats
are the Johnson patent, with high back
and roll top. Each car Is upholstered in
different colored finest silk plushes-crim-
son, old gold, olive and turquoise blue The
seats can be shifted from one side to
another without turning over in the old
way. Satchel baskets are of intricate
bronze work. The aisles are carpeted with
finest body brussels carpets of special de-
sign and color, harmonizing with the differ
ent plushes. One end of each car is pro
vided with 6x7 foot smoking saloon, up
holstered in Turkish morocco leather. Ele-
CANT bevelled plate glass mirrors are
within and without the smoking raom. The
windows are extra large and of extra
French plate glass and provided with dam
ask curtains. The smoking end of the car
is arranged with toilet conveniences for
gentlemen. At the other end is a ladies'
retiring room, completely equipped with all
toilet conven1epces. The cars are lighted
with gas and each is equipped with five
handsome bronze gas lamps of four burn
ers each, all enclosed in glass, which makes
a brilliant and beautiful light, and enables
passengers to read as well by night as by
day. The coaches are heated by steam
from the engine, and also contain an i'm
proved Baker heater, to be used in case OF
emergency. 81
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1890-04-27
DEATH TO THE MICROBES.

Through the microscope the microbe
which causes death was discovered. 1t has
baffled science the world over to kill the
microbe without destroying the patients
life. Radam's Microbe Killer has not only
relieved, but cured the worst and most
hopeless cases the world ever saw. 1t
Catarrh, consumption, cancer, diphtheria,
dyspepsia, Bright's disease, rheumatism,
eczema, malaria, syphilis, female diseases,
hay fever, and all blood, skin or chronic
troubles. inflammation, internal or external,
positively cannot exist where it is ap-
piled. That it has made life worth living
to thousands and proved specific for all
diseases of the blood, can be substantiated
by hundreds of testimonials from our most
prominent citizens. For treatise on the
Microbe Theory of Disease and further in
formation, write The Radam Microbe
Killer Co. +
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1890-04-27
Profits Of Fast Trains.

In referring to the fast train which the
Burlington will put on to day, the
Chicago Times expressed the belief that it
will only serve to complete the present rate
difficulty and adds:
"It furnishes new feature of the west
ern passenger rate war, and the other roads
will now have to devise other means of
meeting the extra competition. What
course they will pursue remains to be SEEN
Past experience has demonstrated that
limited trains are not self-supporting on
some of the lines, even when regular rates
are maintained, and these roads will hest
tate to adopt so costly a luxury with rates
at their present low basis. At the same
time they will hesitate to meet the Burling-
toms competition by a further reduction of
rates to Colorado points, as any such action
would be promptly met by the Burlington
and they would be worse off than before.
While the Burlington's fast train will fur
ther complicate matters it will probably
have the effect of Fastening a settlement of
ton could hardly be worse than it is at
present. Low as the passenger rates now
are between Chicago and Colorado points,
they are not being maintained. In the gen
eral scramble for business some of the pas
senger officials seem to lose sight of the
question of profits and make any sacrifice
to ill their trains. Furthermore some of
them are daily violating the law by dealing
with scalpers, paying exorbitant commits
sions, and so discriminating by selling
tickets over their own counters at one price
and through brokers' offices at another"
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1890-04-27
HE FOUGHT THE FIRE.
The Explosion in the Crane
Building Yesterday.
TWO PLUMBERS BADLY BURNED.
The Heroic Efforts Of one Of Them Probably
Saved Big Loss to the Owner
Of the Building.

Yesterday morning while the plumbers
were at work in the third story of the
Crane building, near the Walker house, the
gasoline furnace used by them exploded
and in moment the small room in which
it was situated, was enveloped in flames. J
H. Lishan, the plumber who had charge of
the work for Midgley & Son, and his
helper a young man named Livingston, at
once tried to extingulsh the flames. Living
ston's clothing soon caught fire and he
rushed down stairs into the street and
threw himself into the ditch.
LIsHAN STOOD HIS GROUND
heroically and although he was frightfully
burned he finally succeeded in smothering
the flames by using some sacks. Lishan and
Livingston were then taken into Roberts
q Nelden's drug store, where DR.. Thomp-
son dressed their injuries as best he could.
1t was found that Livingston was severely
burned about the neck, while his hair was
singed. Lishan's injuries were of much
more serious nature.
HIS ARMS WE'RE BURNED
to the elbows, while the skin was entirely
taken from his face and neck. Fortunately
his eyes were not injured. Lishan is
stopping at Mr.. Green's, block and a half
west of The HERALD, while Livingston re-
sides on First South, between Fifth and
Sixth West streets. They were taken to
their homes in carriage and Dr.
Thompson made closer examina-
ton and dressed their wounds. Mr..
Lishan came here recently from Kansas
City and only started to work yesterday
morning. His nerve was all that pre-
vented serious fire.
AS soon as the explosion occurred, an
alarm was turned in and the firemen were
quickly on the ground, but their services
was not needed. The castings in the room
where the fire occurred were scorched a
little and the walls were blackened by
smoke, but the damage will be slight
1t is understood that the Plumbers, union
will look after the injured men and see that
they want for nothing.
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1890-04-27
On q Sad Errand.

F. M. Crowell, a brakeman, whose home
was in Ottumwa, Iowa, died in this city
lately of consumption. His only relative
here was an aged mother, and his death
left her in rather straitened circumstances.
Some of the big hearted boys connected
with the brotherhood of railway trainmen,
however, took up the matter, and succeeded
in securing free transportation for the body
and the mother of the deceased, and she
will take the remains east this morning,
going by way of the Union Pacific to Den
yer and from that point to Ottumwa, via
the G. B s. @. The boys feel under deep
obligations to the railway companies for
their generosity. a
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1890-04-27
JUDGE ANDERSON'S COURT.
An Alleged Contemplate Wasatch- Crescent
Case Comes up Again.

The csse of w. G. Miller VS.. Phillip
Margetts came up before Judge Anderson
in chambers yesterday upon an order re-
curing the defendant to appear and show
cause why he should not be punished for
contempt. An order was previously made
restraining Mr.. Margetts from interfering
with water ditch near his place, and it
was alleged that he afterwards violated the
injunction.
Judge Anderson heard considerable tes
timoney in regard to the matter and took
the case under advisement
In the case of W. H Whitney VS.. N. w.
Clayton, the demurrer was overruled.
In the case of the Wasatch Mining COM
pany VS.. the Crescent Mining company, an
order was made setting the hearing upon
the motion for new trial for May 3, and
staying proceedings until that time.
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1890-04-27
Parasols and fans at SIMON Bros.
CITY OF PARIS.
Hats Given Away-Four Days Special Sale

Hats Given Away-Four Days Special Sale
To make room for our immense summer
stock of millinery, Monday, 2Sth. Tues
day, Goth, Wednesday, Both, Thursday, May
l, we offer our entire stock of trimmed
goods at rs per cent. less on the dollar, dur
ing our special sale.
OUR SPECIAL SALE.
Three hundred hats to be given away to
those unable to buy.
Our stock comprises the latest novelties
from Paris, New York, Chicago and ST.
Louis.
SPECIAL BARGAINS.
Call early and take your choice from our
mammoth stock before the best bargains
are all gone.
Satisfaction guaranteed to all our Gus
toners. Call and examine goods. Remem-
Der the place and date.
CITY OF PARIS,
33 E. 1st South ST.. opposite RK. Thomas,
Salt Lake City, Utah.
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1890-04-27
WHEN DOCTORS DISAGREE.
An Interesting Spat Between the Alleged
Tapeworm EradicatOrs.

An Interesting Spat Between the Alleged
Tapeworm Eradicators.
Professional jealousy is something that is
not confined to any rank or profession. and
it even gets Its work in on street medicine
akirs, as was illustrated by a little affair
which occurred yesterday.
Some time ago Texas Tom, the long
haired dispenser of tape worm eradicator
and other remedies calculated to redeem
mankind, arrived in Salt Lake, and since
then his calliopean voice las been heard
by charmed thrOngS at the Deseret bank
corner. Recently another long haired
medicine man, DR.. j. B. Des Rockers, ar
rived here, and he has been holding forth
nightly at Smiths drug store corner
But Des Rochers' phrenologist was no
match for Toms vocalists, and the latter
continued to do q much better business
than his rival down the street On Friday
night Des Rockers moved his carriage up
to Cunningtons corner, but as the police
considered that 1t was unfair to the public
to have have both corners blocked by
crowds, he was ordered be Sergeant Halter
to hold forth somewhere else After
great deal of fruitless kicking, the doctor
finally complied with the order, and sup
posing that Thomasswas in some way re-
sponslble for his removal, decided upon
novel way to break up his rival with the
cowboy attachment.
AT about l o'clock yesterday afternoon
Tom opened up on the TX corner, as
usual, and had just started to explain the
nature of his wonderful herbs, when up
drove DR.. Des Rockers and his phrenolo-
gist in carriage. They stopped near the
outskirts of the crowd and Des Rockers then
stood up, and pointing to DR.. Berry, TOMS
companion, shouted out, ''You are a s. of
a b. and bigamistn He then raked
Texas Tom over the Goals, denounced him
as a humbug and finally drove off. Of
course this attracted a large crowd, but
Tom and his companion bore the abuse
quietly and afterward swore out com
plant charging Des Rockers with using
profane and abusive language. He was
arrested and tried and Judge Laney i'm
posed fine of $50, which was promptly
paid.
A few days ago John Scott, formerly
marshal of Glenwood Springs, Colorado,
was passing the place of McKarrick. the
broker, when he saw in the show window a
pistol which looked familiar Upon exam
ination he came to the conclusion that the
weapon was one which was stolen from his
room in February last The broker agreed
to let Mr.. Scott know when the pistol was
called for, as he had only made a loan on it.
and yesterday he was notified that the
party had come to redeem it. The man who
pawned the pistol was arrested, and his
| trial came off in the afternoon He gave
his name as w. L. Stanton and stated that
ne was faro dealer temporarily out of a
job. He claimed to have purchased the
pistol in Spokane Falls last October, and
said that he only arrived here in March
last He told a straight story. and as he
was corroborated by several witnesses. he
was adjudged not guilty
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1890-04-27
"JERUsALEM~ REMAINS ANOTHER WEEK

The wonderful exhibition of the City of
Jerusalem is drawing large crows of de-
lighted visitors. No greater work of art
and mechanism has ever visited this city,
and no one should miss seeing it. The man
agement has arranged to remain one week
longer at the pavilion near the Eagle gate.
Go and see Jerusalem; you will never re-
gret the time or money!
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1890-04-27

Two carloads of Ohio Buggy Co. buggies,
OF Columbus, Ohio, consisting of fine car
riages, surveys, loop front phaetons and
buggies. See our three-quarter end spring
bugeies. They are simply immense. These
goods we warrant tirst-class in every re
spect. Look at them
COOPERATIVE WAGON & MACHINE Co..
The Leading Implement Dealers.
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1890-04-27

Commencing Sunday, March Is, Union
Pacific will put on Pullman dining cars to
run between Kansas City and Denver on
its new limited vestibuled train, No. pol
and 202. This train is the new Joint be
tween Chicago and Denver via Kansas
City, running from Chicago to Kansas
City over the Chicago s. Alton and from
Kansas City to Denver over the Union Pa
cific The dining cars are built and oper-
ated by the Pullman company and have all
modern conVenienceS.
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1890-04-27
Transcontinental Business.

The annual report Of the chairman of the
transcontinental association for the year
ending December 81, 1889, has just been is
sued. 1t shows that the total tons moved
one mile, west bound were 1,O46, 100, O55 !:
east bound, 539,617 1866; total 1885, 726, 321
The revenue derived therefrom was
West bound, Sl3,s2S, 622.76; east bound,
S., O29, S62.07; total, $1S,S5S, 4S4s3. The
average rate per 100 pounds was: West
bound, 81. 40; east bound, 81 average for
total, $1.26
Passenger traffic during the year was as
follows: West bound Sill, 1856, revenue,
50, los, 5SS.3S; east bound, 1868, revenue,
S2.205.1 71.S3. Total passengers carried,
1854, and revenue therefrom, SS,6l4.-
316.26. The total revenue from passengers
and freight east and west bound amounted
to 81, 49,, S45.09.
A comparison with the ocean carriers on
business that may be considered directly
competitive shows that the ocean carriers,
untrammelled by legislative enactments
with no restrictions limiting the rate they
charge, have carried fifty-eight and a
half per cent of the competing business.
The chairman believes the strict enforce
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1890-04-27

ment of the fourth section of the inter
state law would require either the aban
donment of all through traffic to the ocean
carriers or the still greater sacrifice of re
ducing local rates to level with ocean
rates, practically resulting In confsca-
ton of transcontinental roads.
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1890-04-27
LADIES. TAKE NOTICE,

On or about May Mrs. w. H. Fox will
open fine millinery parlors in the second
floor front rooms of the new Crane block,
three doors north of the Walker house
Mrs. Fox comes direct from New York and
Chicago with the latest spring patterns and
novelties. Call and examine her stock be-
fore purchasing. Old friends and customers
especially invited.
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1890-04-27
MANHATTAN SHIRTSI

Full line imported fancy flannel just re-
ceived at
LIPMAN, WALLERsTEIN g. Co.,
Sole agents, No. It's and III
Main street
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1890-04-27
TRAINS FOR GARFIELD BEACH

Leave Salt Lake at $40 a. m. and 2:45
p. M, returning to Salt Lake at 3 As p. N.
and D :55 p. m. j. Y. PARKER.
Asst General Passenger Agent.
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1890-04-27

Drs. Whitney and Bucher's dental par
lors, next to Cullen hotel.
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1890-04-27
THE BUS AND TRANSFER BUSINESS

of Salt Lake city is now conducted by the
Grant Bros. company. We meet all trains
and run to all hotels. Best livery, carriage
and horse service. ORDER CARRIAGE FROM
OUR TRAIN MEN
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1890-04-27
THEY HAVE ARRIYED---WHATs

Small cylinder power press for sale cheap
by ]. "A. Parry & Co., Al S. West Temple
street 4
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1890-04-27
7 II = REAT BEN EFT
Vvor1zinzr1aer1 receiving at
The Receivers Sale

Call
piueunn ideanf how'll eooods aralan hered
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1890-04-27

Spencer, Bywater g. Co. have removed
to opposite the city hall, where they are
prepared to do all kinds of tin work, roof
Ing, gathering, galvanized iron work, etc. =
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1890-04-27
FOR SALE CHEAP

Peterson & Brown, signs, scenery, etc
63 W., 1st South ST.
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1890-04-27

Seven fine corner lots plat 3. Eighteenth
ward bench, near in.
w. D. BowRING & Co.,
"a West, First South.
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1890-04-27

Newcomb is on fourth floor, Scott Auer-
bach building. Finest photographs in the
west guaranteed.
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1890-04-27
ART NOTICE.

Sketching lessons and studies from ma
ture furnished free to pupils at L. L. VIII
lard's studio, IS East Third South street. =
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1890-04-27

We carry this season an immense stock
OF children's and Misses hats.
SIMON Bros
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1890-04-27
LADIES FURNISHING GOODS.

We beg to call particular attention to
line OF white muslin underwear imported
by US for this seasons business.
SIMON Bros.
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1890-04-27
GRAND SPECIAL SALE OF MUSLIN UNDER
WEAR

Choice styles! Good muslin! Full size |!
Well made! Don't wait Come at once.
The goods are cheap. Peoples Equitable
street, Salt Lake city, Utah.
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1890-04-27
FIRST ASSISTANT POSTMASTER-GEN
CLARKSON

says of DIR. Tibbits, oculist and aurist: "He
is gentleman in all best senses of the word.
is well known. thoroughly respected, of
decided personal and professional merits.
A physician who has won unusual success.
an enviable rank and state reputation. 1
have known him for many years and so
speak from thorough personal acquaint
ance. l recommend him to the best fayors
and friendship of any good people,"
Office, No. 16 E. First South street.
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1890-04-27

Fresh goods. stylish shoes for ladies' and
gents wear. GEORGE A. ALDER & SoN. .
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1890-04-27
PRINTERS. LOOK HERE,

The latestnoveltie in millinery at
SIMON Bros.
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1890-04-27

e Tribune of April 25, the
"a paper in which the
a stakeholder, and Pat
lessee and manager, is
l(7Fi5une Washington
Special april 25.)
Gaines performance
has been successful
lonly in jnjuring his
cause. Governor Thorn
as, who will not be in
1.-THE city on Saturday
morning when the COM
.Imlttee on territories
Twill meet, called on
chairman Struble and
authorized him to say
lat the meeting that he
personally, and he be-
lieved he spoke for all
1.-THE loyal citizens of
utah, favored any legis-
lation which would
lcruSh the Mormon
power; that this bill
was in that direction /;
that the Mormon or
lganization was a men
ace TO good government
and Christian civiliza-
tion; that it degraded
womanhood, made CAPT
tal of the sincerity of
the people and invaded
the sanctity of religion,
and that the govern
nent could not too soon
Jake. decisive action.
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1890-04-27
REMOVED.
SALT LAKE THEATRE.

DR.. Barker, chiropodist, removed to ISL
S. Main street.
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1890-04-27

Mr.. Halton, artist, at the theatre, exc
cutes orders for scenery for theatres, etc.
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1890-04-27
OGDEN CREAMERY BUTTER

We are sole agents for this butter and
we guarantee it to be the best in the mar
ket Try it.
ROGERS & COMPANY,
Sole Agents Ogden Creamery Butter. y
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1890-04-27

SPECIAL SALE OF EASTER NOVELTIES
at Ladies' Bazaar. Choice Art Needlework
Scott Anerbach block, Room A.