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Pittsburg dispatch. [volume] (Pittsburg [Pa.]) 1880-1923, 1891-09-12

AFTER sleepless night use Angostura
Bitters to tone your system. All druggists
TTSSu
Pittsburg dispatch. [volume] (Pittsburg [Pa.]) 1880-1923, 1891-09-12
THE RELIGIOUS WORLD
The Fall Campaign Against the Ad-
verSary Now Fairly Opened.
MINISTER'S STRONG FOR THE WORK.
Timely Topics That Will Be Discussed in
Our PulpitS Tomorrow.
GLRANTNGS FROM THE CHURCH FIELDS

The fall and winter campaign against the
enemy of souls is now fully opened
Preachers have all returned from their
summer vacations, and are, it is hoped,
stronger for their work against the great
adversary. That they will have plenty of
work there is no doubt. The enemy never
ceases to SOW tares while the shepherds are
taking their rest.
The daily newspapers furnish evidence
sufficient that the preachers occupation is
not gone.
Their name is legion who walk the
crooked paths of evil and recent events fur
nish plenty of topics for the ministers who
would cry aloud against the sins and foIlies
of the times.
Pittsburg dispatch. [volume] (Pittsburg [Pa.]) 1880-1923, 1891-09-12
White-Burlingame.
NOTES.

NOTES.
16xx, PKB4. As Mr.. de Wiser points
out, X to h / was his only move. But we
could have won by II to R Z, for black can
not reply with P nor to Kt3. If l6xx
r to X; IL q to r 7, X to B; Is X 2, etc. ANY
other move and white can bring about this
variation by @ to R followed by PxP
20 OK ch.- White should have PLAYED
first K to ch, forcing mate ut once. From
Albany EUer,ing Journal.
Pittsburg dispatch. [volume] (Pittsburg [Pa.]) 1880-1923, 1891-09-12

TO CORRESPONDENTS.
Positions, Problems, Games and Checker News
win at all times be welcome. All communications
to be addressed
P. o. BOX 35. EAST END. PrTTsBURG. PA.
Our friends who have corresponded with
us for the last week will kindly overlook no
notice being taken of their communications,
as we have been called to devote our whole
time to q beloved brother, who died in
Buffalo, N. Y, on Monday, September 2,
whom we brought home to Pittsburg.
We will attend to all in our next issue.
Pittsburg dispatch. [volume] (Pittsburg [Pa.]) 1880-1923, 1891-09-12
THE GAME OF DRAUGHTS.
CONDUCTED BY ]. B. FERGUSON.
TO CORRESPONDENTS.

Checker NEUTRALITY-SUSPICIOUS. Hotel. Duquesne
way, between Eighth and Ninth streets, and at
Samuel Seeds, 96 Seventh avenue.
Pittsburg dispatch. [volume] (Pittsburg [Pa.]) 1880-1923, 1891-09-12

(dJ This game concludes the match, the
score being five to three in favor of Mr.. Ed
gerly. The unusual number of wins is good
evidence that the contestants are checker
players Of no ordinary capacity" Judge
NJ, of the Supreme Court, still declares TO
Colonel g., of the regular army, that Al
phonse is the better ana more skilful expon-
entof the game,an says furthermore-when
the Colonel is not within hearing-that he Is
ready to back his opinion with money.
Pittsburg dispatch. [volume] (Pittsburg [Pa.]) 1880-1923, 1891-09-12
White: 8 pieces.
White to play and win.

GAME NO. g..
The following game, played between Mr..
E. E. Burlingame (white) and Mr.. j. w.
Young (blackl at the recent meeting of the
New York Chess Association, was awarded
the first brilliancy prize.
Pittsburg dispatch. [volume] (Pittsburg [Pa.]) 1880-1923, 1891-09-12

SOLUTION TO PROBLEM NO. 70.
By Mrs. VIII S. Andres Mrs. Okey).
Black-2, 12, 13, 10.
White-22, %, %, king, Is.
Black to play, white to win.
Pittsburg dispatch. [volume] (Pittsburg [Pa.]) 1880-1923, 1891-09-12
SOLUTIONS.

The authors key to problem No. 81 was
Ktto @ B4. 1t is defeated by to X CHI.
The key to problem No. - is Q to K 4. Solu.
tions received from c. S. Jacobs, M. o. B. C.
H. Luton and w. NJ. Murdock.
Pittsburg dispatch. [volume] (Pittsburg [Pa.]) 1880-1923, 1891-09-12

(a) And white wins by holding two single
men prisoners with one king, while with the
other he quiets the bobb1ng black fellow in
the double corner
Pittsburg dispatch. [volume] (Pittsburg [Pa.]) 1880-1923, 1891-09-12
GAME ENDING NO. 20.

Pr1ze POSITION.
!. RxKt, KxKt; 2 Q to r ch, KxQ;3. P to
Pittsburg dispatch. [volume] (Pittsburg [Pa.]) 1880-1923, 1891-09-12
White-l1: kings, IA, IS.
White to move and win.

GAME NO. l6O-BRISTOL.
Played in New York between Mr.. Bowe
and James Wyllie, champion. of the world,
at the time of his visit In 1882.
Mr.. BoWes move.
Baxter Springs news. [volume] (Baxter Springs, Kan.) 1882-1919, 1891-03-21

lard and tho heirs of w. p. Archer
the lands on the west bank Of the riv-
er and south of the road TO Edward 5.
Jaffray; north Of the road to q. +.
Standley. Mr.. Willard acquired this
latter tract, the triangular piece OF land
at the west end of the bridge and north
of the road, in October, 1886.
Upon the day the agreement be:
tween the city of Baxter Springs and
Gauni, Maupin & Go, was drawn Mr..
Willard entered into written contract
with GaunL Maupin Il Co, wherein he
agreed to lease for 500 years 10 Gaunt,
Maupin a. Co. all his rights IN the wa
ter privilege, power aud franchises ut
the Baxter ford, together with two
acres of ground on the east side of the
river and two acres on the west side
Of the river Eat such point as agreed
upon, to construct a dam" Mr.. Will
lard also agreed to sell to said parties
all his rights and interest in the old
Willard mill, machinery and wheels,
etc. Gaunt, Maupin IL Co. agreed to
construct a good aud substantial dam
across Spring river and to furnish Mr..
Willard for 900 years power equal TO
seventy-five horse power, said power
to be furnished to Mr. Willard at a
point west of the small bridge over the
slough west of Spring river.
Shortly after these contracts were
entered into work was begun looking
toward the building of the dam. The
option given by Stone e Cove for the
purchase of their interests was upon
request extended by them for the fur
Their period Of thirty days. This time
expired and their claims remained I'M
settled for.
Upon Oct. 13, 1854, a petition was
presented by Gaun,, Maupin Il Co. TO
Hon. Geo. Chandler. judge of the dis
trict court of Cherokee county, Kansas,
wherein Gaunt, Maupin & Co. repre-
sented that they were "the owners" OF
certain lands in the north west quarter
of the southwest quarter OF section 8,
town 35, range Is, on Spring river, and
asked the privilege to erect and main
tain mill dam across Spring river on
their "own land" for the purpose "Of
obtaining water powerto run public
mill to manufacture -four, etc, and for
other manufacturing purposes and to
furnish power to supply water to the
city of Baxter Springs" and they pray
ed that commissioners be appointed TO
condemn certain land of about two
Baxter Springs news. [volume] (Baxter Springs, Kan.) 1882-1919, 1891-03-21

he then inserted in his decree the
plaintiffs offer 10 accept $4,000; said
sum of money to be paid within &c
days from the time the decree was en-
tered, or upon failure to pay It the
dam 10 be torn out. This decree was
entered about Jan. 90, 1891.
In August, 1889, Stone ~ Cove filed
their petition in a second suit In
which they sought judgment for ~, 400
for rental value for being deprived OF
the use of their mill privilege for the
two years that had passed since they
began the first suit.
At the April, 1890, term Of court
the Commons cases coming on for tri-
al, the j. r. Commons case resulted In
verdict Tor the plaintiff for 5000, and
after this case was tried the city OF
Baxter Springs agreed to u verdict
against il in the other Commons case
in the sum of $l10.A,-in both cases
each party TO pay his own costs. This
made the j. II. Commons judgment
and costs $226.70, and The Margaret
Commons judgment and costs $l3l.S9.
Now, going back little, we state
that OH May 10, 1889, Mr.. Willard and
the city entered into an agreement In
which the city agreed to pay to Mr..
Willard $4,000 as the amount OF money
he was entitled 10 for the cost of trans
hitting his 70 horse power, which,
under HE contract with Gaunt, Maui
pin 81 Co., no was to have delivered 10
him at the west end of the bridge over
the slough west of Spring river, and
which he had taken at the river upon
being promised payment Of the cost oil
transmission the city also agreed to
furnish him free from all expense and
for 500 years 70 horse power of the
power at the dam, prior to all other
power, and to keep up and maintain
the dam and power, or failing to do sc
the dam and its appurtenances and the
land to revert to him; the city having
a reasonable time to repair the dam Il
il should be washed out or injured
Mr.. Willard promising in said agree
ment to deed to the city the "a acre!
at the west end OF the dam aud thu
triangular piece of about 2 acres JUS
north of the % acre tract, and t.
lease to the city for 500 years trac
of land of about 2 acres at the east enc
of the dam. This agreement and thu
city warrants for the $4,000 were de
posted in the Baxter bank. az wer'
also to be deposited Mr.. Willard
Baxter Springs news. [volume] (Baxter Springs, Kan.) 1882-1919, 1891-03-21

conveyances, until the $4,000 were oh
tanned to pay Mr.. Willard in cash
Mr.. Willard understood that the con
tract was to be void if the money wa'
not paid him within the sixty days
the city did not so understand it. and
as the money was not rendered TO HIN
until the sixty days had expired (thS
city not having il in time) Mr.. Will
lard declined TO receive the money and
declared the contract at an end. Mat
tiers then with Mr.. Willard remaining
nnadjusted, the injunction order hav
ing been decided and the thirty days
time running rapidly away, the mu-
nicipal authorities of the city of BaA-
ter Springs aud Mr.. willard began to
feel that prompt action was necessary
to save the dam and prevent the great
injury Baxter Springs would suffer by
its destruction. The representatives
of the city feeling that IL would be un-
wise to make any further expenditures
of money unless full settlement Of all
conflicting Interests at the dam was eff
fected frequent and earnest endeavors
were made 10 adjust the differences
between the city and Mr.. Willard.
His attitude and his rights at the dam
have been so misunderstood and so
misrepresenied and ignored that the
committee representing the city found
Il difficult TO negotiate with him. But
feeling of confidence obtaining and
the conviction that concession and
compromise were necessary a settle
ment of thediiferences was at last effect
ed az will appear fully in the following
instrument:
wILLARD's DEED TO CITY
Il, In substance, rs follows:
THIS INDENTURF, made this 9th day
OF March, 1891, between Albert Will
lard and Lucinda A. Willard, his wife,
of Cherokee county, Kan, of the first
part, aRd the city of Baxter Springs Of
the second part. witnesseth: That
said parties Of the first part, In consid-
Grafton OF the sum of $1,000, the re-
ceipl of which is hereby acknowledge
ID. do by these presents remise, release
and quit claim unto said party OF the
second part all the following described
real estate situated In Cherokee comfy,
Kan, to-wit; Beginning a the.nOrth-
west corner Of the southwest quarter
of section 6, town 80, range %, aud
running thence east on the half sec
ton line % rods, thence south 300 feet,
thence west 81 rods TO the west line Of
said southwest quarter of section 8
Aforesaid, thence north to place Of be-
Baxter Springs news. [volume] (Baxter Springs, Kan.) 1882-1919, 1891-03-21

acres and to assess the damages.
Judge Chandler appointed IL. X.
CrOwell, P. j. Pfenning and w. j.
Land as commissioners for the purpose
prayed for in the petition and they FL
ed their report Dec. 8, "a, awarding to
the owners of the two and one-fourth
acres where the mill buildings now
stand the sum of fifty dollars for the
land condemned.
In their report they stated that they
examined the lands which would be
injured by the erection of the proposed
dam and that they found that in addi-
ton to the two and One-fOurth acre
tract other lands would probably be
damaged, but, they said, 'the consent
of the owners has heretofore been OBJ
lained." This latter statement was
not true, as the consent of not single
land owner had been obtained, unless
Mr.. Willard be excepted, and his con
sent was at best doubtful. Jan. 8,
1886, Mr.. Edward S. Jaffray wrote the
following letter which will explain it,
self:
NEW YORK, Jan. 6, 1856.
j. w. Whitcraft, ESQ, clerk of the
district court, 11th judicial district,
Cherokee county, Kan.
DEAR SIR: Please pay to Mr.. JEFF
rerson Easley fifty dollars, or the
amount deposited with you, as the
value of two and one-fourth acres of
land of the northwest quarter of the
southwest quarter of section 6, town
80, range %, Cherokee county, Kan.,
said two aud one-fourth acres having
been taken by the city council of Bax-
ter Springs for public purposes, and
oblige. Yours resp'y,
EDWARD s. JAFFRAY,
BY JOHN PHILLIPS, his atty.
Work on the dam was begun in the
fall OF 1884, the piers were built, the
woodwork was framed and about half
of It was put into place in the dam.
Then came the failure of GRunt, Mau-
pin & Co., about juno, 1885, and the
transfer Of all their interests connected
with the building Of the Baxter dam
TO F. S. Heffernan of Springfield, No.,
who took up the unfinished work and
completed the dam.
In the early spring of 1856 and upon
the first attempt to stop the flow Of the
water. the forebay was washed out,
but was soon after replaced.
At a meeting Of the city council on
April Is, 1886, petition was present.
cd requesting council to purchase Mr.
HeheFnan's Interest In the dam, AT
Baxter Springs news. [volume] (Baxter Springs, Kan.) 1882-1919, 1891-03-21

| they be permitted to enjoy their mill
privilege as it was before the Baxter
dam was built.
The small cloud upon the horizon,
no bigger than mans hand, began to
widen and thicken, but through the
very unwise counsels of several influ-
entail citizens the people of Baxter
Springs were led into the deluded atti-
tnde OF utterly refusing to recognize
Stone g. Cove as having any rights
in the language of one of these cOun-
sellers "they had nothing to settle for"
The Stone & Cove case and the
Commons cases were continued from
term to term until the summer of 1889
when a trial was had at Baxter before
j. II. Morrison of Labette county, who
was appointed referee to take the Ies'
timony in the Stone u Cove case.
The referee filed his report in which
he found for Stone & Cove for dam
ages in the sum of $ll00 and costs, but
denied the injunction. The referees
report was set aside by the court upon
motion of Stone Il GOve's attorneys
aud the case finally came to trial in
court before jury who returned u
verdict for Stone & Cove against the
city of Baxter Springs aud Mr.. Will
lard in the sum of $500 for rental value
aud damage TO machinery, aud the
jury answered some % special ques-
tons submitted TO them, answering
every one of them in favor of plain
tifTs and against the city. These spe-
cial findings of the jury were the
foundation upon which the plaintiffs
right to have the Baxter dam removed
was based; the jury had no power To
decide whether or not Stone u Cove
should be granted the injunction they
prayed for, but they could only answer
the questions submitted to them, and
upon their answers Il was the province
OF the court 10 decide whether or not
Stone & Cove were entitled to the order
Of injunction. The judge (HOn. j. ID.
McCue) took the matter under advise
ment aud at q subsequent term OF the
court stated that alter 4 thorough in-
yestigatiOn OF the matter he must de-
eide that Stone & Cove, should be
granted the injunction, but requested
plaintiffs and defendants, TO endeavOr
10 agree upon q sum Of money 10 be
inserted In his decree so thst defend
ants could choose whether TO pay the
money or to have rhe Baxter dam torh
out. After some efforts to agree upon
sum Of money the judge was inform.
ed that the parties could not agree and
Baxter Springs news. [volume] (Baxter Springs, Kan.) 1882-1919, 1891-03-21

subsequent meeting april 2S,) coun-
Gil authorized the purchase from Hef-
fernan for the sum of $500 In city
bonds. The question arisiag as to
what legal position this would place
the city in Col. j. ID. SnOddy, an able
attorney of La ygne, Kan, was con-
suited in the matter and he advised
the city to proceed TO acquire the right
TO overflow lands above by the proper
legal methods and to avoid the dan
gerous experiment of disregarding the
rights of land owners above. BY
unanimous vote of the council this
course was decided upon, but 1t was
never followed.
Nav 81, 1886, Mr.. Heffernan execut-
ed a quit claim deed to the city OF
Baxter Springs for all the interests he
had at the Baxter dam. j. ID. Opper-
man, who was mayor Of the city at
this time, deemed ii unwise for the
city TO purchase Mr.. Heffernan's in
terests, as he believed the city would
thereby purchase law suit. HE
therefore refused to sign the $2,5OO
bonds. Public clamOr (Which has
been too often wrong in our city, call
ed for his signing the bonds or of re-
signing and he resigned his Office as
mayor June s, 1856, his resignation
being accepted two days later. The
instant Mr.. Opperman's resignation
was accepted council ordered the pay
ment of $500 in bonds for Mr.. Hef-
fernan's interest at the Baxter dam,
the bonds being signed by RI. Hiner,
acting mayor. The city thus acquir-
ed Gaunt, Maupin & Co.'S, and f. 5.
Heffernan's interests III. and let US say
became the owner of, the Baxter dam.
In the autumn of 1887 two turbine
water wheels with gearing were pur-
chased by the city and put in place at
an expenditure ofabout $500.
About July l, 1887, J. r. Commons
and Mrs. Margaret Commons filed Pc
titions in the district court of Chero-
kee county praying judgment against
the city of Baxter Springs for the
damages they claimed was done 10
their lands by building tho dam. On
the 23d of the next month (August)
Stone & Cove filed their petition ask
ing for damages for rental value fol-
the preceding % months they had been
kept out of the use of their mill priv.
iege. and for the value of property
damaged and destroyed, aud praying
for the removal of the dam so that
The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1891-02-03
Automatic Manners.

But time changes minds as we'll as man.
ners, though even now when making
changes from one circle to another, it often
requires that adaptability which could be
said found in one who has automatic man.
ners. However, such radical changes not
only appear in d~rawinQ-room repartee,
street dress, etc. among people. but also n
the conveniences and ~luxuries afforde>i
mankind. Railroad travel is one instance.
A few years ago, comparatively, one had to
consume much valnable time in an uncom-
Portable way to make what is nov thought
nothing of as a nights journey in a sleeper.
The most modern equipment and trans
portation facilities can be found on tho
fast trains of this Minneapolis Il st. Louis
railway to Chicago, st. Louis, Hot Springs,
Kansas City, etc. Inquire of any agent Of
the company, or q. M. Pratt, general ticast
and passenger agent. Minneapolis. MIMI.
The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1891-02-03

pROPOSAIS-TH COMMISSIONERS OF
i fowls and Clarke county. Montana, invite
rropo ais for a county iail, 10 cos forty-iye
,hou,and dollars, to b. erect. 4 an the present
lail lot, in tho city OF lie emf, Montana, specin-
cations, drawings and MI terms. TO 10 submitted
e meeting to be held on Thursday.
February 18th. 1891 the light being reserved 10
reject any and all r,sns Or TO accept . modifics-
non oil the ssme. Ihs lot OF proposed site ~ 100
south anti east by alb W. fuiiding TO front ives
to be OF granite, and Of sufficient size to contain
~ TO ~ steel cells and ~ least four other cells
and laiiers' rooms, Tho site is on a level with
tho street. w.
BY ords Of the board.
Helena, Mont. Jan. ltth, is9i.
The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1891-02-03
ALIAS sUMMoNs-srATE OF MONTANA

In district court; First Judicial District.
Sann nsi' sse f IsailH' f hSs'iS; hry wsl,s Re ns. i Msfy
Susan vi lians, Nee Reilly, John Sullivan and
James sullivan, Plaintiffs, IS; Massena Bullara,
MoKnieht, Charles NJ. Clarke Josiah 6. eomer-
vile, EFT turness, Andrew Esston. Colin Nj.
Reed, William II. Hays, salina ". .Easley, Chris,
Margaret Mentaec, William Z. shaw, John W.
Maguire, Ma ise B. %,ieilman. John Mokean.
M,rI M,, Gaek9 Hsn as t f. !, sne, as smsi yoss a. a..
Fred y. Holbrook. MT, i. Little, Charles i.
lackman, Charles 3, Hutchinson, Mary A. De
Max Asch. Thomas j kissn.r, Jacob {. tlsass,
/ Mary A. Elsass, Dorothy Els . =. Laura A. Ward,
John a; Chatter, Cnarles |. Gibbon, and John s.
The state of Montana sends greeting to the above
named defendant
brought against You by the above named plaintiff
in the district court OF the first judicial district
Of i tss s, ans c St Montana anna tn To and aas fse :" the 4 county snm.
plant filed therein within ten days exclusive Of
tho day of servioel after the, service on YOU Of
il served out of this county but within this dis
triot within twenty days; otherwise within forty
days, Or JOY Judgement asr"raIp by & d ,ss nr.v will l. % \ taken 4.
plant. The said action il brought to quiet
t.tie 70 the snutn naif ct the sonthw..t au, rtcr.
principal moridian OF Montana, in, Lewis and
Si0tAe otu' iMoIituHu, dEu W uecihIB vOlO
csrtai Instruments. which purport 10 convey
certain puts OF said land to the several defend.
ants an 10 cancel tho record of said instru.
said county, all.o Il which il more fllly act forth,
in the plaintiffs q ,mplsin.. and file herein.
,n Ana y s%a . aSI hereby 3Sa notified ot;a tn that 4 you f.h e
required. the said plaintiff will apniy to tho
,onre for thu rclef damantel III said COMPLAINT.
Given unuer my hand and tho seal OF thu
trict court OF the first judicial district Of thu
state of Montana, In and for tho county Of Lewls
and Clarke. this 2,th day Of Novembsr, IN the
year OF our Lord one Thousand eight hdndeo9
lseail JOHN BEAN,
~ II. Il. THOMPSON, Deputy Clerk.
NALse 4 NEWMAN,
Plaintiff Attorneys.
The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1891-02-03

Garry Complete Equipment of
Pullman Palace Sleeping Cars,
First and Second Glass Coaches,
Pullman Tourist and
Free Colonist Slespers,
N ELEGANT DINING CARS.
The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1891-02-03

pROPOSAlS-SEALED PROPOSALS. AHN
i invited for tho care, support and. msinten-
ance, of the sick: poor and iniirm OF. Lewis and
for the year succeeding March l, ls9i;, said pro-
poRnls TO cover the entire cost Of feeding, cloth
INK and nnrsing of said sick, poor and intirm.
and all burial expenses thereof. Bids to be ad-
dressed TO tho undersigned, to be received until
February %, 1891. The commissioners reserve
tho right to reject any or all bids. BY order Of
the board. j. y. TOOKEH, Clerk.
Helena. Montana. Dac. "a, lsa0,
The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1891-02-03
DR.. Liebig & Co., of San Francisco.

h contracting physician for tho above
medical firm will be at the New Merchants
hotel Monday, February 3, and will remain
until Saturday night. February z, 1891, for
the purpose of arranging with all desiring
to be cured of chronic ailments.
The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1891-02-03
Mail Lettings.
NOTICE TO CONTRACTORS.
PosroFFIcE DnpARTMlNr,

posroFFICE DEPARTMENT.,
WASHINGTON, ID. o., January Il, 1891
Proposals will be received at the Contract Of
flee of this Department until p IN of March
"a, 1891, for carrying the mails of the United
States upon the routes, and according to the
schedule of arrival and departure spscstid by tho
department, in the state OF Montana, from July
l, 1891, 10 June 80, 1891, Lists Of rorts', with
schedules of arrivals and departures, ins. ructions
to ladders. with forms for contracts and bonds.
and all other necessary Information. will he fur
nislod upon application TO Second Assistant
Postmaster General.
JOHN WANAMAkER,
Postmaster General.
The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1891-02-03
WisdOm's Violet Cream

Is the most exquisite preparation in the
world for softening and whitening the
hands and face. 1t is not only a substitute
for, but in every respect superior to glycer-
inc, cold cream, vaseline and like prepare
tions. Try it.