davidaulloa/AmericanStories huggingface dataset:
The weekly Floridian. [volume] (Tallahassee, Fla.) 1867-19??, 1892-02-13
IN VESTIG.IIE THIS.

Democratic voters of Leon county
are beginning to ask if it is right
and proper that democratic admin
istration should furnish a third par
tyite means to operate against it and
work up discord among the rural
members of the party.
This question has been raised by
the announcement from Ocala that
Col. w. l Vason of Tallahassee had
affilia ted himself with the third par
tyites and had been chosen as one
of the delegates to their St. Louis
conference, February %.
The state administration has IA
vored Col. Vason with two Offices
presumably under the belief that he
was a good and true democrat, wor
thy of reward. One of these
offices, that of agricultural lecturer
at the State Normal and Industrial
College for colored students, pays
him 81, 900 year. The other, in
spector of fertilizers, pays about
$500 year.
The question being asked is, is II
right that Col. Vason should con
tinue to draw this $1,000 a year
from a democratic administration
while at the same time he Is travel
ing about, helping to organize he"
party to fight the democracy?
If he intends to be. third par
tvite, he should resign. If he doe:
not resign and the state admlnlstra
ton finds upon investigation that he
really is one of the ''head leaders" IN
this new movement, they should ask
for his resignation, then if he does
not send it in, they should remove
him and appoint some gooo oe"o
crat to the offices now neld by him
The FLoR1p1AN would not do Col
Vason or any other man an injus-
tice. 1t believes, however, that ste
the victor belongs the spolls."
IfCol. Vason wants to be third
;,artyite, he can scarcely expect q
democratic administration to con
t;nue to furnish him the money that
would enable him the better to
travel about and work up support
for that new movement.
The FLoR1D1AN is a democratic
journal. 1t calls attention to this
matter in the interest of the demo
cratic party. If Col. Vason proves
that the telegraphic reports have
done him an injustice, all will be
we'll; if not, some one else should be
appointed to draw that 81 300.
Let the matter be investigated.
The weekly Floridian. [volume] (Tallahassee, Fla.) 1867-19??, 1892-02-13
TIE Houston. (Tex.) Post peri

THE Houston, (Tex.) Post peril
emily remarks NO, no; the South
so never be as prosperous as she
Ekould be as long as the agricultural
<iasses live on canned goods put up
4 another section of the country and
81 the staple articles of merchandise
- manufactured hundreds of miles
way. More food product must be
.ised on the farm and more products
the mill and the factory must be
x,aed ont in the cities and towns OF
South. We can not expect tc
an she highest prosperity 80 long
y send abroad for everything We
drink and wear.
The weekly Floridian. [volume] (Tallahassee, Fla.) 1867-19??, 1892-02-13

Attorney General Lamar yes terday filed
the following opinion with Governor
Fleming:
OFFICE OF ATTORNEY-GENERAL
TALLAHASSEE, Feb. II.
Gov. Francis P. Fleming, Tallahassee, Fla.
SIR-yCur inquiry Of recent Gate as 10
the liability to taxation under the act o.
1889, of soft phosphates when offered and
sold as fertilizer, has been Gully consid-
cred 10y ME and | am Of the opinion that
it is so liable. and subject to the provisions
of chapter 1858, laws of Florida. Some
chemists, l am aware. speak of this SON
phosphate as mari" but, as used in the
above act, DO not consider that tie term
"marl' properly embraces these soft phoS-
pilates DOW being offered and sold in the
market as fertilizers The essential char
acteristics of a"marl," as used both oy
scientific and agricultural writers, is car
Donate of lIpe while the essential Charac-
teristlcs of a''phosphate," as used by 10
same authorities, is either phosphate q
lime or some C mbinalion of phosphorus
acid-with base. AS phorphoric acid u
one of the most important elements IN all
fertilizer and is specially designated py
our fertilizer law for examination aud e.
innate, it seems reasonable to conclude that
all fertilizing materials Containing 1t arg
properly included in the provis ous of the
law not otherwise excepted therein.
The recent discovery of these pbosphates
in this state, and their extensiveness, ana
wide use. probably rs fertilizers. preclude
the idea that the Legislature meant to In
clude them under the word "marl."
Very Truly,
W. B. LAMAR, Attorr sy General.
The weekly Floridian. [volume] (Tallahassee, Fla.) 1867-19??, 1892-02-13
WHO FOR PRESIDENT?

Thst wideawake journal, the New
World, has bad it's representa-
g state capitals polling the legis-
- where they were in session,
Ia state officers where the legis-
- were not in session, with a
Is ascertaining their preferences
n 3 candidates for the presidential
nation. The result is summed
follows:
- nreponderance Of democratic
ss.s,k isyors Grover Cleveland in
Si,e proportion of eight to i've for
The Indiana state officials are for
The weekly Floridian. [volume] (Tallahassee, Fla.) 1867-19??, 1892-02-13

THE Louisville Courier-J ournal
says: Logically, Blaine and Nc
Kinley should be the only names at
Minneapolis. If the convention be
lieves that the country wants bigf
tariff, it should nominate Mr.. Nc
Klnley. If it believes that the recip
rocity dodge is the proper thing il
should nominate Mr.. Blaine.
The weekly Floridian. [volume] (Tallahassee, Fla.) 1867-19??, 1892-02-13

Blaine will, owing to his poor health
and differences between him and the
president, soon resign "a secretary Of
state and 60 abroad in the hope of
recovering his health.
The "Plumed Knight" is too
shrewd a politician to go in for the
nomination when there is such strong
promise of democratic victory this
wear
The weekly Floridian. [volume] (Tallahassee, Fla.) 1867-19??, 1892-02-13

THE Denver News says: The re-
pnblicans will undoubtedly oppose
every bill for the reduction of the
war taxation embodied in the Nc
Kinley tariff schedule. The repub-
lican party has ever been party OPP
posed to the interests Of the people
and favoring monopolies, high taxes
and class legislation.
The weekly Floridian. [volume] (Tallahassee, Fla.) 1867-19??, 1892-02-13

The Ocala Free Press opines that
either Senator D. II. Yancy of Lake
county, Hon. E. M. Hammond OF
Orange or Hon. Benjamin P. Cal
houn Of Putnam would be willing to
accept the nomination for congress
from that district.
The weekly Floridian. [volume] (Tallahassee, Fla.) 1867-19??, 1892-02-13

THE Ocala Free Press says Hon,
JEFF B. Browne of Key West will
undoubtedly be candidate for NOM
ination as governor of Florida, and
that Hon. Frank Clark of Barlow is
spoken of as being On the slate for
secretary of state.
The weekly Floridian. [volume] (Tallahassee, Fla.) 1867-19??, 1892-02-13

The Starke Telegraph says: Flor
ida's next governor should be a
sound, practical business man, one
who has made success in his own
business affairs not an old man nor
young dude.
The weekly Floridian. [volume] (Tallahassee, Fla.) 1867-19??, 1892-02-13

THE Pensacola News continues to
improve. The latest addition to it's
facilities for doing quick and neat
work is a new Babcock cylinder
press, which can be speeded up to
5000 copies of the News an hour.
The weekly Floridian. [volume] (Tallahassee, Fla.) 1867-19??, 1892-02-13

The New York World says Ros
well P. Flower is attending strictly
to his gubernatorial duties and is not
laying any wires for the presidency
That's one flower what don't near
to be froze up in a midwinter con
yention.
The weekly Floridian. [volume] (Tallahassee, Fla.) 1867-19??, 1892-02-13

'Tn buying q cough medicine for chil'
dren," says 81. A. Walker, . prominens
druggist of Ogden, Utah, ''never %
afraid to buy Chamberlain Cough Rem
edy. There is no danger from it ana TO
lief is always sure to follow. particu-
larry recommend Chamberlain's because
I have found it to be safe and reliable
% and 80 cent bottles for sale by ID
Lively, druggist.
The weekly Floridian. [volume] (Tallahassee, Fla.) 1867-19??, 1892-02-13
Eallahassee, Fla, February Is, 1892.

EDITOR TRUAx of the Tarpon
Springs Truth has dropped the edi-
torial eve" and picked up the 81"
The weekly Floridian. [volume] (Tallahassee, Fla.) 1867-19??, 1892-02-13

EDITOR JEFF DAVIS Gadsden
Democrat, published at Quincy, has
made its appearance, and it is a bright,
newsy journal.
The weekly Floridian. [volume] (Tallahassee, Fla.) 1867-19??, 1892-02-13
COURT OF FLORIDA
HeadnOtes to Decisions January
Term. 1892.

HeadnOIes to Decisions January
Term. 1892.
John l.. McDermott, appellant, VS..
J.E. Thompson, executor, appellee
Monroe county.
Judee Malone, of the second circuit,
sal in the place of Mr.. Chief Justice
Raney. who was disqualitied.)
TAYLOR, j.:
M1NORs-HOw MADE PARTIES IN EQUITY.
Where minors are to be made parties
defen dant in suit in equity, subpoena
should be issued to such minors and
regularly served upon them in the
presence of their legal guardian, or in the
presence of the person who has the
present care and Gus ody of them. Then
a guardian at Item for such mirors
should be appointed by an order of the
court; and such guardian nd Item should
also be served with subpoena i'll the cause.
g. Where stranger to the cause inter
poses any pleading in an equity suit, for
and on behalf Of minors interested in The
issues thereof, as their guardian I'D Item,
and the record fails to show that such
party has ever been appointed or author
lied by the court to act in said cause as
such guardian at Mem, all the plcadings
so interposed by such stranger are nuga-
tory and do not bind such minors; and all
orders and proceedings in said cause pred
icated upon such pleading will be set
aside as void.
Decree reversed.
John A. Henderson, for appellant; no
appearance for appellee.
The weekly Floridian. [volume] (Tallahassee, Fla.) 1867-19??, 1892-02-13

company on the land cannot he /.
estimating the damage susta;. $ )!
landowner, in PROCEEDINGS 80
instituted under such law BY the -
or its legal successor having sim;,s*
10 condemn the land, or an ease ,,aa pu.
in to the company's use; and thu al
the company has been ousted ~
former possession or not. ''um
4. Where q railroad companv b.-
power of eminent domain has en,s.s o.
land without the consent of the CIV w
without a certain material requirems..
the law regulating the exercise ~
power having been complied viii ~
there has been judgment in eias, q
in favor OF the landowner agains. 'ae
company or its legal successor, lsss.N
ninety years, and the judgment ia az Y
on appeal, the appellate court NAV ~
duct in bad faith upon the part Of ,b h. ~
pany appearing, withhold its ma,S..'
possession 10 allow a reasonable t;ras
the institution and consummation ~ e
condemnation proceedings. If The -
condemnation proceedings are res;s,.sssss
the landowner and are dismissed ~ y
Ilial court on the ground that there ue
constitutional law authorizing the ..,s
and this order is appealed from by ,be GU.
pany, the appellate court may wi,hholS i
mandate for possession until the decisos.l !,
such appeal, bat it should do so onlv NV
the express condition that its action W.
not interfere with The Landowners ,;.s
to sue for nesne profits for the use or re,s ~
ton o. the land by the company '''
Motion denied, and mandate withheld
A. w. Cockreil 81 Son, tor motion 7 D
Parrott and I. II. Day, Jr., contra. y
The weekly Floridian. [volume] (Tallahassee, Fla.) 1867-19??, 1892-02-13

Clark s. LOTUS, plaintiffs in error >,
Frank w. Pope, defendant in error
Duval County.
MABRY, j.:
/. Where there is a conflict between IN.
evidence introduced by the plaintiff and
that offered by the defendant, the settle.
ment of the question belongs to n.
province of the jury; ana under vell
settled rule on this subject the appellate
court will not disturb the verdict of thu
jury.
g. While it is true that verdict ola
jury unsupported by evidence. or against
the evidence, will not be sustained, vet
verdict cannot be set aside on the ground
that it is excessive and not justified BY
the evidence, where a witness, who il
uncontradicted, testifes for plaintiff that
the amount due from defendant is larger
than the amount of the verdict rendered
B. An offer of settlement made by
plaintiff, but not accepted by defendant
is not binding on either party, and it s
incumbent on plaintiff after such offer to
establish by evidence the amount OF his
demand against the defendant.
Judgment affirmed.
X. b. Archibald for plaintiffs IN error;
John E. Hartridge for defendant in error.
g. D. McSwain, Appellant, VS.. G. E
Howell, Appellee.-Walton county.
MABRY. J.:
l. Where no exceptions are taken in the
trial court to the charge of the court,
either in motion for new trial or ether
wise it is too late to raise such objections
for the first time in the appellate court.
2. When no objection is made to the
introduction of testimony on the trial of 8
cause, the rule is that such testimony il
considered as received by consent, and nc
objection can be urged on appeal that was
not made in the trial court, except as Il
its sufhcency.
8. A mere recital of g ground for a new
trial, based upon matters IN pals, in 6
motion is no evidence that the matters
So lied are true.
4 A verdict of jury will not be set
aside DIS against the weight Of the evil
denCe, unless il appears to be so palpabiy
against The evidence. or against very
strong prepoEdtrupce of evidence, that
grea; iEiIs ice seems 10 have been done,
IL aiding TO The conclusion that The verdict
was the result OF wejudice, excitement. or
other improper Influences operating upon
the minds OF the jurors.
Judgment affirmed.
Daniel Campbell Tor appellant; D. l..
McKianon for appellee.
The weekly Floridian. [volume] (Tallahassee, Fla.) 1867-19??, 1892-02-13

Best 100 test oil at L. Q. Yaeger's.
The weekly Floridian. [volume] (Tallahassee, Fla.) 1867-19??, 1892-02-13

Jacksonville, Tampa s. Key West Railway
Company, appellant, VS.. Chas. 8. Adams,
appellee-Volusia county.
RANEY, G. J.:
/. A judgment In ejectment against a
body having the power of eminent domain
is not bar TO the exercise by such body OF
such power ss to the land recovered in the
action Of ejectment
Q. Where body possessing the power
of eminent domain has entered upon land
without leave of tho owner, and without
complying with the law regulating the ex-
ercise of such power, II may condemn the
property entered upon, and thereby secure
the right to the legal possession and enjoy
ment thereof; and this. whether it has OF
has not been ousted from its former OF
illegal possession.
8. Where railroad company having the
power of eminent domain has entered upon
land without the consent Of the landowner
and without complying with the law regu-
lating the exercise of such power, and has
constructed railroad track there on, the
value of the improvements thus put by thu
The weekly Floridian. [volume] (Tallahassee, Fla.) 1867-19??, 1892-02-13

Simon B. Conover, Appellant, VS.. John
G. Russ, Appellee-Orange county.
Judge Malone, of the second circuit,
sat in the place of Mr.. Justice Mabry,
who was disqualifed.)
TAYLOR, J.:
The weekly Floridian. [volume] (Tallahassee, Fla.) 1867-19??, 1892-02-13

s. II. Ray, county treasurer Of Brevard
county, appellant, vs. Thomas e. VIII
son, appellee. county.
RANRY, @. j.,
1. Where clerk of the circuit court Ia
ca. o6icio auditor of his county. and 1t is his
Official duty to audit all accounts against
the county, in the manner prescribed by
the statute, and to keep on file In his Office
The weekly Floridian. [volume] (Tallahassee, Fla.) 1867-19??, 1892-02-13
AN IMPORTANT DECISION.
Soft PhOsphates are Liable to Taxa.
ton.

Attorney General Lamar yes terday filed
the following opinion with Governor
Fleming
The weekly Floridian. [volume] (Tallahassee, Fla.) 1867-19??, 1892-02-13

10 FLoRIDlAN i. the Official Paper of Tallahassee.
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1892-01-08
Utah Bills Introduced In the House.

HERALD BUREAU,
Corner OF Fifteenth and G streets, N. W.
WASHINGTON, Jan. 7.-TSpecial telegram
TO The HERALD. Mr.. Game introduced
to-day nine bills of interest to Utah. One
of these was the bill which Mr.. Faulkner,
of West Virginia, introduced in the Senate
Monday to give the people of Utah local
self government.
Other bills were as follows: A bill to
provide for the reorganization of the Judi
ciary of the territory of Utah. This bill
was formulated by the bar convention held
in Salt Lake city.
A bill to provide for the creation of
fourth judic al district in the territory of
Utah 1t will be remembered that this
bill passed the Senate last year
A bill TO provide for the construction of a
public building at Salt Lake city. This
bill provides for an appropriation of $780,
600, and is similar to a bill which passed
the Senate in the last Congress.
A bill to provide for the creation of the
Ogden land district in the territory of
Utah. This bill provides that all of the
territory OF Utah north of the 4lst parallel
of north latitude shall constitute a new
land district to be known as the Ogden
land district, with offices at Ogden City.
| A bill 10 provide for the purchase of q
site and the erection of q public building
thereon at Ogden, in the territory of Utah.
This bill provides for an appropriation of
$3.50, 600, and is similar to the bill which
passed the Senate in the last Congress.
A bill granting the right of way over the
Fort Douglas military reservation to the
Salt Lake City Railroad company. Also q
bill granting a similar right of way to the
Poprerton Place & Fort Douglas Rapid
Transit company, and a "bill for the relief
of the inhabitants of the town of Ferron
Emery Co., Utah" This bill authorizes
the probate Judge Of Emery county TO en-.
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1892-01-08
A CHALLIS TRAGEDY
George JacOby and Louis Kepler
Kill Each Other.
KIRK AND THE CALLAHAN CASE
A Telegraph Messenger Murdered In Omaha
An Old Lady Falls Dead and Is Robbed
The Neal Sims Lynching.

KEToHUM, Idaho, Jan. 7.-[Special Tele-
gram to The HERALD. IL. S. McNair, OF
Bay Horse, Custer county, came over the
mountain last night and reports thai ter
rible tragedy took place last Monday at
Challis, in which both parties to the ARRAY,
viz: George Jacoby and Louis Kepler,
were killed On the spot. Both men lost
their lives in quarrel over
DEBT OF EIGHT DOLLARS.
Kepler, the aggressor, drew knife, and
before Jacoby could get out Of the way,
with one stroke severed his iugular vein.
Jacoby fell to the ground, but afterward
raised, drew pistol and fired three shots
at Keplsr, one ball entering his brain and
the two others taking effect in his
in his body. killing him instantly. After
shooting Kepler, Jacoby walked about a
hundred and twenty-five yards and ex-
pired. Jacoby leaves a family residing at
Challas. Kepler leaves family who live
on a ranch about twelve miles from Challis.
There is intense excitement in Custer
| county over the discovery OF an
IMMENSE LODE OF GOLD BEARING ORE
about six miles below Clayton. The lode
is reported to be thirty-eight feet wide,
average samples from which pay $l2 IN
gold per ton. The country around has
been staked off for miles. What is most
singular about this new discovery is, it is
said that the ore ntains besides the gold
enough mercury for amalgamating pur-
poses. This enormous gold lode has been
travelled over daily for several years, bu1
its value was only discovered few days
ago.
Notwithstanding the present unusua
depth of snow and frequent storms, the
Ketchum and Salmon river stage line ha:
been delivering mails regularly TO points
in Custer countr.
In an article of the Tribune Of January 8
suspecting one
HARRY KIRK, OF CLAYTON, IDAHO,
of the assassination of Ed Callahan, nea
Salt Lake on the 5th day of June, 1891, thu
evidence is here to show that Kirk let
Ketchum May 81, 1891, on the stage TO
Clayton and has been in that locality eve
since This is serious charge and shoult
be well established before publishing t
the world.
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1892-01-08
THE SQUIERS CASE
The Indicted Professor Will Make
a Vigorous Defense.
Little Girl Injvred by Falling School Bell
No Fees to be Deducted from Taxes
in Idaho.

BOISE CITY, Idaho, Jan. 7.-TSpecial tele-
gram to The HERALD. Prof. Squiers, in
dicted by the United States grand jury for
fraud in connection with the educational
bureau, has arranged with his attorneys
here for vigorous defense. He will be
here in time for the next term of court.
McEwan, his partner in tribulation, has
been heard from In Honduras.
Word reaches this city that a young
daughter of John Kenally, of Idaho City,
was fatally injured by the bell of the
school house falling on her while the bell
was being rung for the children to assem-
Bile. One of the posts supporting the bell
gave way and it fell on the child, crushing
her and intiicting injuries from the effects
of which she is likely to die.
Quite an important opinion was rendered
yesterday by Attorney General Roberts.
On the adoption of the constitution provi-
sion was made that the revised statutes of
Idaho should govern IN all cases not other
wise provided for, when it's provisions did
not violate the plain provisions of the con-
stitution. By the Ryan act OF the Four
tenth session of the legislature, it was
| enacted that assessors, tax collectors, treas
urers and the sheriff of each county
should receive certa n fees for collecting
Anu VI GdA6S anu IlCS0S6S III ll6lr
respective counties, which were to be de-
Quoted from funds on hand and the bal
ance sent to the state treasurer. In suit
brought by the auditor of Boise county
against the state auditor, brought to com
pei the latter to pay certain fees, it was
held by the supreme court that all moneys
collected for the state on taxes must be
sent to the state treasurer without deduc
ton of fees. The question then arose as tC
whether license is a tax and whether ths
state auditor should draw a warrant on the
state treasurer for fees due to the county
assessors. General Roberts held that
license for revenue only is a tax and tina
no fees or commission can be allowed fol-
their services in collection of same, excep
sheriffs in certain cases.
A MIR. Burns, horse doctor who ha
been operating here for some time ant
who attempted to skip the town, was over
hauled at Nampa and brought back on tn
charge of obtaining money under fails
pretenses. He was released On bail.
The Star theatre, which has been close,
for the past week, will open again on Sat
. urday night uLder new management
Work is being vigorously prosecuted o.
the city sewers, which will be finished in
few weeks.
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1892-01-08
The Excitement at Springfield subsiding.


SPRINGFIELD, Kan, Jan. 1.-THE intense
fever of excitement under which the peo-
pie of this locality labored since the MUIR
der of Sheriff Dudd, appears to be sudsld-
ing, and matters are gradually assuming
their normal aspect Further trouble may
possibly follow, but it is not thought likely.
Company II arrived here at shutdown last
night and went into camp. This morning
many armed men are seen in the streets
with Winchesters.
This morning Judge Botkin opened court,
being protected by strong guard. He
adjourned court Immediately and pro-
ceeded by wagon, protected by guard, to
Santa Fe, Kan. where court will be opened
Tuesday morning.
Thecoroner's Jury examined theree wit
nesses yesterday. The examination OF
witnesses by the coroner was continued
to-day.
Contrary to reports, Judge Botkin did
not come to Springfield to-day. He in
tended to open and adjourn court at 10
o'clock this morning under the pro ectlon
of the militia, but went instead to attend
the funeral Of Sheriff Dunn. AT II o'clock
the Springfield attorneys decideded to elect
q temporary Judge and call special venire
at the instance of the county attorney.