davidaulloa/AmericanStories huggingface dataset:
New-York tribune., 1891-01-29

Cockbum, Chef-Justice, said on page l99 " The
correspondent Is only aggrlcved IN respect OF ptl7
ordered to pay the costs OF that when is uhc tSdI
ground of oompaint-ln all other respects nc Is
stranger | entirely concur in the prOposltlOh Uh'O
although the court will listen 10 person VINO Is a
stranger and who lntcrercS TO point OUT thaI sonc
other court has exceeded its jurisdiction whereby
some wrong or grievance is sustained yet thaJ II s
not eX deblto justltiae Ia legal right Dut mat,er
upon which a court may properly exercise us uls-
cretion as distinguished from the case Ol parry
aggrieyed who is entitled 10 relief eA depito JUS
ttiae if he suffers from the usurpaion of Juiisdic-
tion by another court The remarks OF Wllies,
j., in Mayor OF London VS. Cox are To the sdhle
effect.
The result of this decision would seem to be that
if fishing vessel belonging to foreigner were
before a court of admiralty for adjudication uic
application of his Government for writ OF prom,
bltion would be that of a stranger, while II naval
ship had been libelled the foreign nation ltSeIl
would he party to the proceeding. substantially
the same general view is reiterated in the case OF
Queen VS.. Twiss l.. Il. =, z. b. 4O1, AIS, 4l4
"a. d. ls60.) -, c,-.. .
Common Pleas in 1875 lWorblngton vs. Jehrles,
L. r. TO- Com. Pleas, 379, the Court OF common
Pleas decided that if there be clear excess oi
jurisdiction the proper court Is bound TO gram oo
writ even on the application of -, stranger spp: l
3s2 3s4 This decision undoubtedly Is Contrary
to those previously cited. ,..s.xo .
All of these cases finally came & up oelGre ORE .
Chambers 1i vs. Green, l. Z. 20, Equity r. :I; 552-
555 who held that the court 10 whlch lne dppii- :
cation for the writ is made by stranger mas a
discretion in awarding It, saying Here we nave
the opinions of three judges against elght, aiiu
elect to follow the opinion OF the greater
which appears to be in accordance with common
sense" These decisions are in full accord WIN
n principle of almost universal recognition pS
courts that one who has no pecunlary or other
like interest has standing in court to prosecute
a claim Sherwood VS. Ray Curteis Fec r. lI3 ::
Long vs. Purvis, ID, Moore Pflvy Council cases,
1851 On the whole, there seems TO be ground
for stating that under the English decisions q
stranger has no right TO writ Of probation, ouf
that the granting of 1t rests IN tne olscreeioh vi
the court to which the application Is made.
The court in exercsing discretion can sdao%dtn wn
remedy by appeal. and, no doubt, whether there
are reasons of state policy against granting the
writ. r,;,
On the whole tic opinion of recent English
text writer seems 10 be well founded, "t that the
weight of authority and of reason Is in favor OF
thc view that the granting of a PROHIBITION Is
not obligatory upon the court in every case where
a subordinate tribunal deals with matter out OF
its Jurisdiction" Short on mandamus and pro-
hibition, etc, p' ii6.
New-York tribune., 1891-01-29
THE corRT ISSUING THE WRIT.

As 10 this little need be said. 1t Is matter
of local regulation. At various times IN England
each Of the high courts has exercised the power
10 issue it. including the Court Of Chancely. Al
present the writ may be granted by each ana
every judge of the High Court Of Justice judi
cature Act of 1913, s. -. tlIcdley V. Bates,
13 Ch.. Div. 4gsJ In this country the power az
10 the Federal courts is vested by Act OF Congress
in the Supreme Court. United States v Peters,
Dali, l2I, cA parte Eaton 80, |. >. Reports 67'
aud other cases
New-York tribune., 1891-01-29

xyUAT WOULD HAPPEN IF, UNDER SIMILAR N"-'
/ pITIoNs, CANADA's APPLICATION IN THE
BEuRING SEA CASE WERE MADE
TO BRITISH COURT
no tbe Editor Of The Tribune
Sir. MANY of our fellow citizens were surprlseu'
not IN saw startled, q few days ago on opSeIN
the announcement in The Tribune that 'he O"n@
alan Government. with the sanction OF the hrl'i'n
coc,ernment had applied to the supreme Noui'
- the United States for WITT OF Pioi'i','i
robbiting one of the District Courts from ''Ni''7
,onizance of matters growing out oil tle DcHii's
~ controversy. am
rho novelty of this application does NOT co"-
, = in the fact that writ of prohlpluon IL "'
against the District Court but In 'he parry
90 asks for it, and the grounds on "hicn '"'
IN is made 1t is against lfiouIlh "''iAe
,,ourt of Admiralty and having power " az
minister admiralty and maritime law IL " a."
o,ou,t often having occasion, we'll as power. 10
!, ,lde questions of internauonal Ia" III 'no Ia.
,.to,ce subject 10 review in an Appellate Court
r,,. corresponding court In England, calleu Ooui'
d, Admiralty has for generations disposed Vi Su'"
,,oe,iops in the regular course of judicial ous-
na.s, often involving immense pecunlary lh'ei'o''
os wall as the peace of nations large palU VI
tho ra,les of international law has been deNeioo'
an those courts with an elOquence, persuasiVehoS'
and skill commanding the admiration, as "ci 90
homage of statesmen. Great quesuons p''
through the channels of diplomacy nave "''n ~ wa
UNFAIRLY referred by Cabinets TO TINS court i".
ouestions NAV arise in civil cases ana III piiA'
cases in time of war. 1t is of the highesV III
nortance that they should If possible 0e eN"i"-
;nod and discussed judiciousy through 'he le6 ui'
80 ~ co,,r,s 4 substituted. method oil en-
animation and discussion of such queS'lol's' vi
writs of prohibition, challenges the at'eh,i9n Vi
,,i,,,,rr men who desire 10 avold HIl'duhS
,rotbods in dsposing of matters 50 deilc"'e Ill
nrono.c :, discuss in this article the general
subiect Of a Wi, 4 prohibition as applied to a
District Court aoua. as Court of Admiralty
restraining that col i from entertaining questions
involving rule OF International law desire
slso 10 consider, as predatory to this topic the
origin of the writ its early history, and the re-
sults ordinarily accomplished by 1t.
In discussing the subject, shall rely almost
wholly on English authorities. 1t may fairly be
argued that if the United states Government coaId
moi properly demand such writ from an En3lls"
court there would be want of international
courtesy on our part in refusing the WITH 10 the
Canadian or English Government, unless our
Supreme Court had already taken different
position in its decisions
\Jv subject is tie writ of prohibition as ap-
nlied 70 a court of admiralty restraining that
court from entertaining cases involving questions
of International law.
New-York tribune., 1891-01-29
pronImTIoy AFTER JUDGMENT.

It is a settled rule That writ OF prohibition
will not be allowed after Judgment unless 1t IS
pcrlec,ly clear that there has been an excess OF
jurisdiction This rule is applicable to every caSe'
whether addressed to Court OF Admiralty or TO
any other court In other words. II there De any
GROUND for doubt. the writ will not be granted
Picard, ~ Nardcnhead Local Board Of Health,
Aur.stoue and Norman. 2j'. Martin u Said
IN tL, case. nlcs, the matter Is perfectly
clc,r we o,iyht not t. prevent the appellant IRON
irving l'li the question ii lac thiuks ht,' p :G5
I6c other Judges used expressions to the LI, same
effect. In such cases OF douU', the c"n''oN''HA
be- scttled DIX 6y appeal There is thus high authority
for soyiug that after Judgment the want 9i IuIis
diciion must appear upon me race OIL t"S ons pio,
Roberts Va Uarnby g. Mecson x Welsby H. l2O
New-York tribune., 1891-01-29
PART II.
JAN. 29, 1891.
CAN THE WRIT ISSUE !
PROFESSOR DWIGHT TELLS WHAT IL -
AND HOW IT MAY BE Used.

,yu.r WOULD HAPPEN IF, UNDER SIMILAR CON
I DITIoNs, CANADA'S APPLICATION IN IhH
BEHRING SEA CASE WERE MADE
San Antonio daily light. [volume] (San Antonio, Tex.) 1886-1907, 1891-10-26
CITY COURT.

Nineteen cases were brought before
the recorder this morning and $93 in
fines were assessed. Six cases were
continued and one dismissed.
Geo. Williamson, drunk and dis.
orderly, $40.
Thos. Young, vulgar and obscene
language, S25. He was using some
very costly words.
Minnie Berger, using insulting Ian
guage, continued. She was again
arrested on the same charge. Both
cases were continued.
Pat Locke, drunk on street, SO.
Julian Olvera, drunk and down, So.
Antonio Rodriguez, drunk and dis
orderly, S..
Irene Bourlsnd, drunk and disor-
derby, s..
Chas. Roberts, drunk and disorder
ly, S..
Telesforo Barado, drunk and down,
So.
Sine Reich, disorderly, continued.
A. Gonzalez, fighting, continued.
Geosge Newton, fighting, con-
tinued.
Serapio Escobedo, drunk and disor-
derby, $50.
Vicente Rodriguez, drunk and
down, So.
John Dulack, drunk on street, So.
William Wilson, suspicious charac-
ter, continued.
Harry Dayton, refusing to pay hack
fare, dismissed.
Charles Tardy, drunk and disorder
ly, S..
San Antonio daily light. [volume] (San Antonio, Tex.) 1886-1907, 1891-10-26
Courts.

In Judge Nornan's court the Nc.
Gown-dubbard case Is still on trial.
The case of San Antonio Building
Supply Company vs.. Cadwallader
was dismissed.
The 1ngersoll-Alamo Ice Company
case, before special judge, was
agued this morning.
Judge King has returned from
Dallas, and the suit of Fischer vs.. the
International d Great Northern rail-
way company was begun today.
l.. M. Michael VS.. Gus A. Kamp-
mann, suit On punishment, was de-
cided for plaintiff by default;
In Judge NoOnan's court Emma
Giddings and others have filed suit
against H. B. Adams aud others, tC
try title and for damages.
In Judge Kings court Jerome Har.
is has filed suit against Asher Rich
ardson for debt.
San Antonio daily light. [volume] (San Antonio, Tex.) 1886-1907, 1891-10-26
DESERVED a THRASHING.
But Nobody Seemed Willing to Ad
minister 1t.

But Nobody Seemed Willing to Ad
minister 1t.
Thomas Young, who said he was a
FrenchmaD, was arrested Saturday
night by Sanitary Policeman Sarran
for using obscene language on an
Ave. G street car. The recorder
fined him S25 this morning. He
was in a car coming to Houston
street. Several ladies were on the
car, but, unmindful OF this, he con.
tinually used the most indecent Ian
guage, much to the disgust of the Ia
dies and against the remoD strances
Of the gentlemen in the car. The
conductor, whose duty it was to stop
the car and put the man off, did n OF,
it appears, do anything to stop him,
and it was not until the car arrived at
Houston street, that the fellow W as
pointed out to the police by the pas.
sengers.
San Antonio daily light. [volume] (San Antonio, Tex.) 1886-1907, 1891-10-26
Personal Mention.

Senator Vest, of Missouri, is again
the city.
Lewis Morrison and Florence Rob.
erts are registered at the Menger.
Mr.. Aaron French left for Calves
ton this morning.
Mr.. f. c. Lasater is at the Mahncke
from Oakville.
Mrs. Geo. NJ. Pridgen and children
and Miss Fannie Pridgen, of Cuero
are at the Mahncke.
Miss GOOld, of New York, has ar.
rived and will take a position with
Joske Bros. in their store.
Mr.. Herman Huetner, now in
charge of saddlery business in Kyle,
is in the city.
Capt. J. w. Jennings and wife have
returned from New York and are at
the Menger.
Mr.. H. D. Kampmann and family
returned last night from their trip to
st. Louis and Chicago.
City Electrician Ryan who was
called to New York to attend his
sisters bedside, has returned.
Mr.. Matt. Smith, agent for Miller
Bros. big spectacle Kajanka. which
will be seen at tine Grand Opera
house Nov. and ., is in the city.
DIR. VIM. Meter returned Yesterday
with his wife from their extended
bridal trip to Europe and the north
ern states OF our republic. Until
further notice he will be found at his
residence, 50 Garden street.
San Antonio daily light. [volume] (San Antonio, Tex.) 1886-1907, 1891-10-26
LEFT A WINTESS.
A Robber Whose Footprints Tat
tied on Him

A Robber Whose Footprints Tat
tied on Him.
Florencio Cortez, q Mexican who
formerly worked at an Alamo plaza
chile con carne stand, is now in Jail
on a serious charge of being o suspi-
cious character, and the police have
1t down on him pretty pat that he is
the party who entered the
residence of a Mexican woman
on Obraje street, Oh the first
night of the italian celebration, Oct.
II, and stole something near $500
worth of stuff, in rings, Mexican gold,
various articles of jewelry and cloth
ing.
The police mad only slight clue to
work upon. The man entered
and made his exit from the same
door. The ground was muddy as he
stepped out and he left the imprint of
ono shoe in the mud. On the sole of
this shoe, made by nails driven in the
sole, were the letters o. X, the brand
of the manufacturer. These tell
tale letters were noted and the track
measured. Yesterday Officer Andreas
Brown heard that q Mexican had
left pair of pretty good shoes in a
Mexican's yard west of the San
Pedro, he Investigated and
found the shoes not only to
have O. X. in nails on their soles, but
the shoe that matched the footprint
left in the mud had traces
of mud still clinging to the
nail heads. Florencio CorteZ was said
to be the man who left the shoes, and
never came after them. he formerly
worked for the woman who was
robbed.
San Antonio daily light. [volume] (San Antonio, Tex.) 1886-1907, 1891-10-26
CLOSING OuT.

This whole page and more would
not list the large stock of Dry Goods
and Clothing we are selling at and
below cost. AS newspaper space costs
too much to do it, we ask the public
to call and see. Everything going
without reserve. Store fixtures for
sale. JOHN X. BERETTA IL Co,
10: &c If Main Plaza.
San Antonio daily light. [volume] (San Antonio, Tex.) 1886-1907, 1891-10-26
NOTICE,

Having made extensive improve
ments in my picture frame department
by adding large steam engines 1 am
now fully prepared to execute all or
ders for picture frames with prompt.
ness and satisfaction.
G. Fl. MUELLER,
Dealer in wall paper, paint, ETC., 2l7
Houston street. 10 "a Inn
San Antonio daily light. [volume] (San Antonio, Tex.) 1886-1907, 1891-10-26
THE STANDARD WARRIOR ousE CO

Have just received the largest an d finest
car load of vehicles ever shipped to this
city. ladies phaetOns. speeding phactons,
buggies, carriages etc. We have the
Highest Surveys in the world: also six car
loads OF hacks, carts, express wagons etc
Agents for Refine Wagon Co. Old
vehicles taken it, exchange for new ones.
"a West Nueva street. 9-l9-tf
San Antonio daily light. [volume] (San Antonio, Tex.) 1886-1907, 1891-10-26
Headquarters For Fashionable Millinery

We acknowledged headquarters for late styles
Misses Hats and Bcnne Popular Prices We showing
imported pattern hats than the combined millinery
tonic display Besides the'e hundreds of stylish
hats every week from work
ported Models from whence their origin, Special
best attention. and executed with promness dispatch
the best known
up" in every branch of the business.
San Antonio daily light. [volume] (San Antonio, Tex.) 1886-1907, 1891-10-26
v, LoRRA. THE TAILOR.

Announces TO his friends and customers
that he has received a shipment Of 500
patterns of pants goods and 800 patterns
SuitingS. Fine pants will be sold for IS to
$l2. Fine dress suits and black diagOnalS
speciality. Satisfaction and fit gnaran-
teed:beyOnd question. S-25 II
San Antonio daily light. [volume] (San Antonio, Tex.) 1886-1907, 1891-10-26

Referring to the above / wish to
state that 1 will continue the bust.
ness at the old stand, No. 8 West
Commerce street, where / shall be
pleased to serve all the old Gus tomers
and as many new. Having been
manager of the business for over four
years, | can safely state that 1 fully
know the requirements of the trade.
1924 st MAN SCHULTZE.
San Antonio daily light. [volume] (San Antonio, Tex.) 1886-1907, 1891-10-26
NOTICE..

1 herewith take pleasure in an.
nouncing that 1 have this dsy sold
my stove and hardware business to
my son, Max Schultze, who assumes
all liabilities and collects all debts.
Thanking my friends and the public
in general for the liberal patronage
bestowed upon me, 1 kindly bespeak
a continuance of the same for my sue
cessOr. H. SCHULTZE.
October 10, 1891.
San Antonio daily light. [volume] (San Antonio, Tex.) 1886-1907, 1891-10-26
Ladies Tai|or-Made Walking Jackets

London styles show quality of imported goods The twoy
kind reduced to Sl5O The three kind
The four dollar kind reduced kind reduced
$3.50 The dollar kind reduced
reach Fine which we
saving of fully 20 per o customers
San Antonio daily light. [volume] (San Antonio, Tex.) 1886-1907, 1891-10-26
AL AMO SANITARY co

OFFICES: 63S w. Commerce St. and
IS Ave. d. corner Houston ST., opp. Post
Office. Tel. Az. All orders promptly
attended to on short notice. Charges
reasonable.
r. w. WALLACE, Proprietor
San Antonio daily light. [volume] (San Antonio, Tex.) 1886-1907, 1891-10-26
FIVE LOTS IN eRANovIEw.

At bargain. Finest located property
1.-THE city r 3. JOHNSON. LIGHT OFFICE
San Antonio daily light. [volume] (San Antonio, Tex.) 1886-1907, 1891-10-26
THE CHEAPEST

Hollands Happy Thought SOC per:lb'
hollands u know Goo per ID.
San Antonio daily light. [volume] (San Antonio, Tex.) 1886-1907, 1891-10-26
Ladies and Chi|dren's Fine Shoes.

of fashionable bonnet the less
subject fitting boots Our stock
at present We handling all grades from substantial Cura
Kid Boot for ladies Sl50 tn the finest French
goods $3.50 Chldens fine Kid Shoes Soc 5c 81 Misses
at ST. $50 and So All special bargains Besides regular
receipt of upwards of
San Antonio daily light. [volume] (San Antonio, Tex.) 1886-1907, 1891-10-26

Marriage licenses.
A. A. Martin, and H. E. Burnett.
Herman Shafe, and Armand Moe
gelin.
San Antonio daily light. [volume] (San Antonio, Tex.) 1886-1907, 1891-10-26
BARGAIN L.. BULLET|N!E

the closing week of October sales
one all department of IMMENSE
continued mild weather has slight movement
on the part of Heavy Wooden Goods
San Antonio daily light. [volume] (San Antonio, Tex.) 1886-1907, 1891-10-26
Blankets, FlaDnGlS, Comforts, Cl0aks
and RGady-MadG Clothing!

Have been touched show making such reductions
will insure SPEEDY SALES
San Antonio daily light. [volume] (San Antonio, Tex.) 1886-1907, 1891-10-26

Fest Garden and Saloon.
Sol south Flores st. Best wines, liquors
and cigars; Free concert Sunday nights.
San Antonio daily light. [volume] (San Antonio, Tex.) 1886-1907, 1891-10-26
FirSt-ClaSS Saloons.

Ed. Diesselhorst's Saloon,
"A w. Commerce, opp. Groos' bank.
Fine Wines, Liquors and Cigars. Lunch
counter attached.
San Antonio daily light. [volume] (San Antonio, Tex.) 1886-1907, 1891-10-26
John l.. Wipff, Saloon,

IS Avenue d. (Stelner's old stand. }
Nice cool drinks, and polite attention.
Your patronage solicited.
The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1891-10-15
PERSONAL.

George Ryale. of Kalispell, is in the city.
Col. Edmond Butler, of Miles City, is a
visitor in Helena.
Barnard Brown returned yesterday from
an extended eastern trip.
Diamond City Flume company, is in town.
Hon. C. II. Loud, member of the state
legislature from Custer county, is in the
city.
MIR. George w. Booker and family leave
to-day for a three weeks trip to Salt Lake
and Ogden.
Leopold Marks went over to Butte yester-
day to attend the session of the Masonic
grand lodge.
Judge j. W. Strevell is in Helena from
Custer county on business before the
supreme court.
M. J. Morgan, a we'll known stockman of
the Smith river country, is in the city OF
Ills way to California.
Hon. Granville Stuart arrived from
western Montana yesterday. He says there
is nc snow west of the main range.
Mrs. j. B. Botzet. of st. Paul, on her re-
turn from California where she has been
the past eight months, spent several DAYS
visiting her sister, Mrs. K. I. Mack, of the
Alden block, Breckenridge street. She
leaves for st. Paul to-day.
Capt. Norman Perkins, of the St. Paul
division, and Capt. Samuel Flint, of the
San Francisco division railway mail ser
vice, were in the city yesterday and CALLED
on Postoftice Inspectors Bedell, Watkins
and Small, and Chief Clerk Barclay, of the
railway mail service. Superintendent Per-
kins wen west to Spokane and Capt, Flint
to Butte.
The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1891-10-15

Resolutions in co~mmelnoration Of the
death of Judge Liddell will be presented in
the supreme court next Monday.
The funeral of Miss Birdie Hardwick will
take place at nine O'clock this morning
from the cathedral. Friends are invited.
The regular meeting of Wadsworth Wo-
mans Relief corps at G.. A. Il. hall will be
held this evening. All members of the
order will please be present at 1880 p. m.
Superintendent Veazie of the telephone
service and a force of men were busily al
work yesterday repairing more than 400
telephone wires rendered useless by the
storm.
Officer Grogan is getting along first rate.
DR.. Treacy removed the bullet from be-
meath his shoulder blade yesterday. The
St. Aloysius dramatic society have offered
their services at the coming testimonial to
be given at Ming's opera house, Oct. "a.
Missoula yesterday sold $3.50 worth of
school bonds to H. b. Palmer, of Helena,
for $500 premium. The bonds are seven
per cent semi ANIMALS, running ten years.
from Nov. /. Other bidders for the bonds
were Harris d Co.. Rollins Investment
company, Lemprecht Bros. and the Hig-
gins bank, of Missoula.
Special services for members of the Wo
mems Auxiliary in st. Peters parish, will be
held at the church to-day. Communion
service will be held at IL O'Clock, when an
address will be delivered by Bishop Brewer.
Lunch will be served in the church parlors
at 1890 o'clock and a missionary meeting
will be held at 2:30 p. IN.
The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1891-10-15
a GOOD WORD FOR MINERS.
They Deserve Much Credit for Their
e lRrayo Work.

They Deserve, Much Credit for Their
Brave Work.
There In still no news Of missing John
McPhce and II seems probable that his
whereabouts will never be known unless
revealed by accident. g. b. Towers, who
assisted in tho search, writes m follows
concerning tho brave conduct Of the miners:
Having been an eye witness in the search
for the unfortunate Mr.. McPhee. who WAS
lost In the storm OF Sept. 30, l desire TO CON
tribute a word in behalf of the miners who
undertook his rescue. Tho Grand Republic
Mining Co. were the first to spread the
news throughout the camp. Though the
snow WAS nearly three feet deep and the
bright sunlight on il almost binding to the
men who were accustomed to underground
work, yet with genuine whole-souled loyal
spirit seldom manifested, volunteers from
the Grand Republic, Matte Bell, Ontario,
Richmond Co., Monarch and Josephine
turned out fifty strong to join in the hunt,
and this was continued for seven long days.
marching through the rough and almost
impossible country, examining prospect
holes and every other possible place within
q radius OF five miles with no avail, and his
whereabouts is still shrouded in mystery.
The miners who participated in the deter
mined search, returning after each days
ordeal with blaokened faces to alleviate
somewhat the effect of the sunlight on their
eyes, limbs skinned, clothing wet, and al
most exhausted, impressed me as fidelity
worthy of commendation."