davidaulloa/AmericanStories huggingface dataset:
The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1893-02-10
THE CANNON CASE.
The DIN IDnOided Against tho Railroad
Apply In ,las Harden suit.

h Points Teoidsd Against tho Railroad
Apply In liza Harden suit.
The circuit court of appeals In the case
of the Northern Pacific railroad W. C.nnon
has rendered a decision which Ia Of the ut-
most Importance In the Bardsn case. r..
w. Tools, who examined the questions In
volvsd. prepared the brief and argued the
former case, asserts that three distinct
propositions have been decided; which gre
controlling In the iatter. The able opinion
rendered by Judge Hawley and conontfed
In by q very pointed and admirable opinion
by Judge Ross substantially snnoancs
these opinions.
First. That mineral lands are excluded
from the grant to the Northern PAoino
Second. That II accepted it, grant sab
jsct TO the rowe Of congress to make dls~
POSITION Of these reserved mineral lands.
Third. That the government discharged
Us dut!es in that respect when ~ pass:d
ths mineral land law. and that the rail-
roads, like an individual. are sub1soted TO
and must DO cove ned by its provisions.
The opinion Analyzss many OF the cases
presented by tho rail, Dad, and after n care
full consideration of ths deoisions OF THO
supreme court OF the Unitsd states which
are really applicable teaches the conolu-
siona above given.
While in the Cannon case there was a
patsnt for ths land In litigation, the gen-
sral doctrine ID declared. that the duty Of
Determining what are mineral lands is de-
volved upon the land department.; and that
when proceedings are instituted for patent
ing a mineral claim located under the acts
of congress In reference thereto. the rail-
road and all others claiming the lands to be
no%n-mineral are affected by the proceed
ings and the decisions of that department..
a. to the mineral or non-minesa character
of the land. These three tropositions
undsrlie all that 10 or can DO involved In the
Barden case. and will. 1t 10 believed, ulti-
mstely be sustained by the supreme court
of the United Ststes.
The brief OF Mr.. Toole In the Cannon
case upon these points comprises the bur
don Of his argument in tho Baden case,
and few attorneys have had OCCASION or
taken the time to give the questions in
volvsd as much consideration, and he has
little OF no doubt a. TO tho Anal decision
that will be reached. 1t would seem that
the decision Of the circuit court of appeals
is sound and unim peaohable. Indeed, IL 10
DOM prissd of lawyers exclusively from
what are termed mining states, who have
had years Of experience under our mineral
land laws, and especially in cases whore
railroad grants como in contact with them.
Tho public has been kept posted upon this
important matter. aud under the able and
vigilant management of Mineral Land
Commissions Martin Maginnis the inter
est of the state will not suffer. There is
every reason to believe that the opinion Of
Judge Knowles in the Barden case will be
sustained.
The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1893-02-10
COMING ATTRACTIONS.

The Spokane Spokesman has the follow
ing Of the farce comedy, ~ and l." which
will be the next attraction at MinR's opera
house Monday and Tuesday next: Fun,
jolly music n lively dancing will always
find many ready to laugh and enjoy them
selves. and ~ and l." here for its third
visit. packed tho house last evening. The
audience was q pleased and enthusiastic
one, giving many recalls, and = curtain re-
call after the spriRhtly medley n clever
wing dancing Of Miss Kitty Kursale. at the
close Of the second act. Miss Kursale'e
imitation Of Lottis Collins In "Ta-ra-ra''
was certainly st liking. and was we'll re-
ceived. Miss Nina Harrinaton's good con-
tralto. Miss Edith Newton's songs, and the
duet aud dance by the bright little Misses
Myrtle and Viola Arlington won approba-
tion. Mr.. George P. Murphy. a good dia-
Iect comedian. was the Ungerblatz. and Mr.
L. j. H%sffernan was Innsss, both new IL
those rules, but they sang and made fun to
the satisfaction of their hearers.
The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1893-02-10

BY resolution of the city counci II of the
city of Helena of date of Jan. 10. 1893, the
undersigned was inst noted to offer a re.
ward of $25 to any person who will give in
formation that will lead TO the arrest and
conviction Of any person found maliciously
tamperinR with or injurinR any fire ALARM
boxes or fire apparatus of the city, or break.
ing window panea or otherwise in1uring any
property within the city of Helena.
In pursuance of said resolution the I'M
dersiRnsd hereby offers the above 'eward.
SYDNEY II. MoINTIRE.
City Clerk.
HnlApa Tan 10 1890
The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1893-02-10
Samuel X. Davis-Special.

Samuel X. Davis-Specinl.
INVESTMENT STOCKS.
6,000 California (Castle). A snap bar
gain.
1000 Florence (Neihart). Cheap.
1900 Bald Butte (Marysville). In lots o,
800. This Is the best developed gold mine
in Montana.
1000 Whitlach and Mcintyre Union. Also
some small lots. Investments in this stocA
are perfectly safe and sure of large profit.
500 to 5000 Iron Mountain. The develop.
ment. equipment, output and ore in sight
is al present better than at any time in it.
history, and the stock the safest purchase.
Benton Group (Neihart). The mos
promising large mine, gold and silver, in
Montana. One small lot to close GU
cheap.
There has been no time when safe stocks
could be bought so low as at present. sale,
are forced In many instances.
2G and 81 Bailey Block.
The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1893-02-10
Committee on Irrigation Laws.

Bsaverhead, W.. X. Gilbert; Cascade. w.
F. Parker: Cho,euu, z. I. Blu ton; Custer,
l.. A.. Huffman; Der Lodge. d. NJ. Durfee
jefferson. A.. G.. QunintRnce; G ~,llntin. j.
Nj. Robinson; Lewis and Clarke A. II. Mel
son; Madison, Patrick CArne Meaghsr.
W. Ii. Sutherlin; Missoula, G. w. Ward;
Park. A. Il. Meyers; Yellowstone. J. ID.
OCounell.
The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1893-02-10

Big drive in ladies' cashmere glo yes this week
at The Lee Hive. All co.ors. grades and quail
ties for 25c.
The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1893-02-10
$25 Reward.

A beautiful embroidered cloak for infants this
week only $2.21 at The Bee Hive.
The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1893-02-10

On account Of removal to California W. E.
Thistlewaite will close out his entire stock of
boots and shoes regardless of cost.
The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1893-02-10

lncomrarison with the c colossal clearing sale
at Sal ds Bros. all other sales will sink into in
significance.
The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1893-02-10
Helena, Jan. IL. 1892.

A pair of blankets can b. had by calling at
Tho go Two special sale this week for S5c,
Why not keep warm,
The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1893-02-10

New limo OF ladies' white aprons. 25c. at
Butcher q radiey's. l05 broadway
The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1893-02-10

Go to The Bee Hive for ons Of those gold band
Carlsbad china tea sets. Only $3.50 this week,
The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1893-02-10

The Fee Hive comes to the front this week
beaten. See their ad. in another column.
The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1893-02-10

A pair Of mons dogskin lined I'll owes for 4
this week ut he ee Hive.
The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1893-02-10

Removal.
VIM. Muth has removed his office to
loom Is. second floor of Me- chants National
bank building and wishes to call attention
to the fact that he has lots OF all sorts for
sale on the west side on the road to and
near the site selected for the military post,
The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1893-02-10

Valenciennes and other laces at half price this
week at The Bee Hive.
The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1893-02-10

Legal blanks at this otiioe.
Martinsburg independent. [volume] (Martinsburg, W. Va.) 1875-1900, 1893-02-11

PROCEEDINGS OFLEGISLAT URE
We have been observing closely,
the proceedings of the legislature,
and as yet have not noticed any
thing of direct, special Importance to
our people. A new act as to prop
erty Of married women, is pending,
and also bill to empower the trus-
tees of Berkeley Springs to have the
use of the waste water from the
springs, and an act extending the
time for the correction of erroneous
assessments Of real estate from one
to two years. The latter PROPOSE
tion is one of general interest, and
we believe it should pass, as many
peraons will not know of changes of
valuation until they receive their
tax bills.
Martinsburg independent. [volume] (Martinsburg, W. Va.) 1875-1900, 1893-02-11
CIRCUIT COURT.

The Circuit Court adjourned for
the January term on Tuesday last.
1t has been a working term, and
considerable business of all kinds
was transacted. Judge Faulkner
has great pushing and lasting
strength, in the management of bust
ness and the performance of his du-
ties. Of course, quite a number of
cases had to 60 over, in which the
Judge had previously been interest
ed as counsel, and others had to go
over by reason of counsel being en-
gagged elsewhere. 1t is expected
that special term will be held here
within few weeks.
Martinsburg independent. [volume] (Martinsburg, W. Va.) 1875-1900, 1893-02-11
Correspondence.
BUNKER HILL.

Capt. Landers and wife are visit
ing friends in your city.
A series Of meetings are being held
by Rev. Price, this week.
Mrs. Maria Jacobs, of Washing
ton, d c., is visiting friends here.
A little daughter of Mr.. and Mrs.
Albert Jackson is very sick at this
writing.
Deputy Sheriff Gold and his bride
returned from their bridal tour, on
Sunday last.
Prof. d. Gold Miller has a -four
ishing singing school of forty mem
bers at this place.
We are sorry 10 say that our next
door neighbor, Mrs Josiah Jackson,
continues to be very i'll.
Miss Dollie Stuckey visited friends
in Charlestown last week, the guest
of Mrs j. Ogden Murray.
Mr.. Will Murray, of Charlestown,
has returned to his home, after a two
weeks visit to friends here.
Messrs. Harry Geyer and Will
Stewart, of Martinsburg, were the
guests of friends here, Sunday last
BEATRIcE's SISTER.
Martinsburg independent. [volume] (Martinsburg, W. Va.) 1875-1900, 1893-02-11
NEW TOWN.

The people are generally healthy,
since the mumps have subsidized.
The rain on last Monday was very
acceptable here, as water was scarce.
Our officer OF the day at chool
informed us that, as the Ground Hog
did not see his shadow-we are to
have no more severe cold weather.
according to the old adage.
The county superintendent visited
the Bedington school last week and
inspected the several workings ofthe
school. In his closing remarks he
congratulated the school for the way
of good order, good attendance, and
the general modus operandi OF the
school.
The debating class meets regular
ly every Saturday evening at the
school house. On last Saturday the
question, Resolved that moral
power has more influence over the
mind of man than money" was de-
bated by G.. w. NJ. Tabler, affirma-
tive and j. V. Quinn, negative.
The judges were Messrs. DR.. Strobe,
Chas. Randall and Jas. Duvall, who
decided in favor of the negative.
The discussion lasted over three
hours. ARCTURUs.
Martinsburg independent. [volume] (Martinsburg, W. Va.) 1875-1900, 1893-02-11
HEDGEsVILLE.

Rev. Yost preached in the M. E..
church on Sunday night last.
Marion McAllister, of Ohio, is yis-
iting friends and connections in this
neighborhood.
We learn that the first services
will be held in the Presbyterian
church, in this village, at an early
day.
As an evidence of the physical ac-
tivity of our young men, one of them
recently monopolized ten hours haul
ING cart load Of slate a half mile.
The young people have organized
a literary society in this village, and
held their frst meeting at the school
building on Tuesday evening of last
week.
The ladies sewing society of the
various churches have regular meet
ings every week; the proceeds Of
their labor doing considerable for
the alienation of suffering, and the
spread of the gospel.
A tramp, rumor has it, quietly
took up his abode in the best bed
chamber of one of the village resi-
dents on Sunday night of last week,
without leave or license, and stealth
fly took his departure at an early
hour on Monday morning
Feb. 4. REPORTER.
Martinsburg independent. [volume] (Martinsburg, W. Va.) 1875-1900, 1893-02-11
THE PANAMA SCANDAL.

The prisoners in the Panama tri-
ais were convicted in Paris of swind-
ling and breach OF trust. Count
Ferdinand de Lesseps was sentenced
for five years and to pay fine of
5000 francs. Charles D. Lesseps
was sentenced for five years and to
pay a fine of 5000 francs. NJ. Mari
us Fontane and M. Cottu were each
sentenced for two years and to pay
a fine of 5000 francs each. M. Elf
fel, the famous engineer, was SEN
fenced for two years and to pay a
fine of 10000 francs.
The bringing down of such per-
sons, with world-renowned reputa-
tions, is sad commentary upon the
management of the business affairs
of France.
Martinsburg independent. [volume] (Martinsburg, W. Va.) 1875-1900, 1893-02-11
COmmissioner's Notice.


Samuel S Smith, Eurilla Smith, Hen
rietta Smith, and Geo D Smith, plain
tiffs,
Caroline Wandling, David Wandling
her husband. Mary Bender, G W
Bender, her husband, Geo B Bender,
and Edgar Bender, infants, and G.
w Bender and Nelson Wisner, adj
ministrators of David Smith, decd,
defendants
IN CHANCERY.
In the Circuit Court for the County of
Berkeley, w. Va.
To all the parties to the above entitled
cause:
By decree of said Court entered at
the Jan. term, 1893, thereof. on the
2lst day of Jan. 1898, the above entitled
cause was referred to the undersigned
commissioner in chancery of said
Court
To state and settle the accounts of G.
w Bender and ] Nelson Wisner. ad.
ministrators of David Smith, decd.
To ascertain the real estate of which
David Smith and Elizabeth Smith died
seized.
To ascertain and report the debts
against the estate of David Smith, de-
ceased.
To report any other matters deemed
pertinent by him.
You will take notice that / have fixed
upon
Wednesday. March 22d, 1898,
as the time. and my Office in Martins
burg. w Va as The nlaaa for AyAont,
ing the said reference; and if not com
pleted on that day, the proceedings will
be continued from time to time at the
same place until finished.
Given Duder my hand this 18th day
of Feb, 1898. L. Dew GERHARDT.
I'll At. Commissioner
Martinsburg independent. [volume] (Martinsburg, W. Va.) 1875-1900, 1893-02-11
GERARDSTOWN.

W ~
From the Times:
Miss May Trammell, of Martins
burg, is visiting her sister, Mrs. j.
M. Hollis, near the village.
Isaac Z. johnson Is one Of the
happiest men in the neighborhood,
the bad, big carbuncle on his hand
is getting well.
Dogs got into Gray Silver's flock
of sheep, last Monday night, and
killed six of them, and wounded
eight Others so badly that they will
die.
Mr.. Geo. W. KEGS, who was laid
up for about six weeks, with injuries
received by being thrown from his
mule, has resumed his duties as mail
carrier between this place and Shang-
hal.
A very interesting spelling match
was held at Inwood school house last
Monday night. About two dozen
persons took part in the contest, and
the laurels were carried off by Miss
Ida Hoffman.
The dark angel of death has again
entered our village and borne hence
one of our oldest and most highly
esteemed residents. Mrs. Martha j.
Gray, widow of the late Capt. James
W. Gray, died about 2 o'clock, on
Thursday evening, End inst, after a
painful illness. The funeral took
place from her late residence en- Sat-
urdaY, 4th inst.
Martinsburg independent. [volume] (Martinsburg, W. Va.) 1875-1900, 1893-02-11
HEDGESVILLE.

Miss Rase Geyer is visiting at her
uncle's, Mr.. Harvey Smalls.
Mr.. Harvey Small will become a
resident of our town about April lst.
A number of our citizens will
change their places of abode this
spring.
Mr.. Charles Grabill and his moth
err are visiting friends in Frederick
county, Nd.
Rev. Mr.. Gaver, of the Southern
Methodist Church, is on the sick list.
Hope he may soon recover.
Mr.. Elisha James, who has been a
resident of our town for the past
year, will move his family to Bruins
wick, the first of April.
The Methodists ministers are ar
ranging for the conference trips. AS
Mr.. Gaver has been here but one
year. it is likely he will be returned.
Rev. Mr. Yost, of the NJ. E. Church,
has been here three years. He has
made many warm friends, all Of
whom desire his return.
The Presbyterian Church, in this
place, was opened for service for the
first time on Sunday night last, Rev.
S. M. Engle preached an elegant
sermon to a large and attentive aud
fence. The dedication services will
take place on the 22nd inst. The
sermon on that occasion will be
preached by Rev. Mr.. Ghiesling.
On the following Monday the pastor,
Rev. Mr.. Engle, will begin a series
of meetings, to continue through the
week. He will be assisted by Rev.
Harry Moore, of Keyser. A Sunday
school will be organized in short
time, to meet every Sunday morn
ing. Weekly lectures will be held
on Wednesday evenings. G.
Martinsburg independent. [volume] (Martinsburg, W. Va.) 1875-1900, 1893-02-11
MARRLED WOMENS,S ACT


We have received a copy of the
proposed new law for the transaction
of business by married women, and
defining their legal status. While
there are many important beneficial
changes, yet there are so many dubi
Gus, doubtful and uncertain limita-
tions as to cause serious questions, lift
Is any better than the act Of 1891, or
as goud as the act Of 1887. The
idea Of making them suable as if she
We're a feme sole, and then add
that the judgment shall not consti-
tute a liability, or be lien upon the
corpus of her separate real estate,
renders the sueing nugatory and
opens the door for fraud. Her earn
ings are given her, then why not en-
dow her with the same parental and
property responsibility as her hus-
band? Certainly, getting married
does not dwarf her by the side of her
single sister.
Martinsburg independent. [volume] (Martinsburg, W. Va.) 1875-1900, 1893-02-11

Here is some wisdom from Mat
thew Marshall "A regard for their
credit has a more potent influence
in inducing men to fulfill their con-
tracts than the fear Of legal proceed
ings. Corporations or individuals
who only paid their debts at the end
of lawsuit would very soon have
no debts to pay, because they would
have no creditors"
Martinsburg independent. [volume] (Martinsburg, W. Va.) 1875-1900, 1893-02-11
Notice to Creditors.
To the creditors

To the creditors of David Smith, decd.
La pursuance of a decree of the Cir
cult Court of Berkeley county, made in
a cause therein pending, to subject the
real estate of the SAID David Smith, to
the payment of his debts, you are re.
quired to present your claims against
said David Smith for adjucation to L.
Dew. Gerhardt, Commissioner, at his
Office in he SAID county, on or before
the I'D day of March 1898.
Witness, W. B. Colston Clerk of
the said Court this 9Th day of February
1898. W. B. COLSTON, Clerk.
Martinsburg independent. [volume] (Martinsburg, W. Va.) 1875-1900, 1893-02-11
Notice TO Creditors.

To the creditors of jos. Fl. Kitchen,
decd
In pursuance of decree of the Cir
cult Court of Berkeley county, w. Va
entered at the January, 1898, term
thereof on the 18th day of February
1893 in cause therein pending to sub.
jsct the real estate of said Joseph Fl
Kitchen TO the payment of his debts,
you are required to present your claims
against the estate of said Joseph FL
Kitchen, deceased for adjucation to L.
Dew Gerhardt, Commissioner at his
office in Martinsburg, W. Va; on OF
before the Goth day of March, 1898.
Witness, W, B. Colston, Clerk of the
said Court, this 18th day of Feb, 1898.
211 At w. B.COLSTON, Clerk.
Martinsburg independent. [volume] (Martinsburg, W. Va.) 1875-1900, 1893-02-11
A Reception TO Bishop Peterkin.

CHARLESTON, W. VA, Feb. A
splendid reception was rendered
Bishop Geo. w. Peterkin here to-
night by Rev. r. D. Roller, rector
of st. Johns Episcopal church, and
his wife. There we're present a large
number of prominent people of the
State temporarily in Charleston, be-
sides the pastors of the various chur-
ches and prominent citizens of the
city. The affair was brilliant. The
Bishop is exceedingly popular here.
He is brilliant talker, not only in
the council and the pulpit, but in So
cial conversation as well.
Martinsburg independent. [volume] (Martinsburg, W. Va.) 1875-1900, 1893-02-11

The attention of farmers ard
breeders is directed TO the increasing
industry ofsheep raising. 1t has two
fold value, wool and mutton, and the
agricultural department is taking
great interest in the work, and has
prepared a very valuable publication,
treating the subject fully from the
most experienced stand points. Cop
les can be had by application to the
department.
Martinsburg independent. [volume] (Martinsburg, W. Va.) 1875-1900, 1893-02-11
Tuesday. March 7. 1898,

at 80 o. M, the following described
real est ate, to-wit:
A certain tract Or parcel of land
situate, lying, and being in Opequon
district. Berkeley county, W. Va,
bounded and described as follows Be-
ginning at stone "A, thence N. 584.
W. 81 2-10 p. to stake 36, in line OF
Jacob Myers thence with his line s.
374, W 63 p. to sundry marked saplings
IS, corner to E. Welsbauce, thence
with his lire s. SIT, E. i35 p TO Hack
berry "a, corner to same, thence with
another of his lines S. 5l1, E 81 p. to y
sore in a line of Welsbance, thence
runni ng new lines n 1871 E SO p. to a
stone; thence n. rs, w. 81 10 p. TO
the beginning, containing ga acres and
2 roods, less acres belonging to M. r.
Taylor, leaving 81 acres and roods.
The premises contain dwelling
house in good condition, a frame barn,
and other out buildings, and the place
Is admirably situated for comfortable
farming.
TERMS OF SALE.-One-third of
the purchase money cash in hand, one
third thereof, with interest in one year
and the residue thereof, with interest
in two years from the day of sale, the
purchaser giving his notes with good
security for the deferred payments and
the legal title to be retained as further
security. J. NELSON W1SNER,
2 II At. Substituted Trustee.
Martinsburg independent. [volume] (Martinsburg, W. Va.) 1875-1900, 1893-02-11
PROPOSED RAILROAD CONNEC-
TTJN

IION.
Elsewhere will be found a note of
an interview between Hon. S. B
Elkins, Hon. Thos. B. Kennedy and
Others relative to an outlet, OF rath-
er a connection eastward, of the
West Virginia Central Railroad,
either at Hagerstown or Martins
burg. Wedo not know as to he result
of ah interview, but we see no reason
to prevent the connection from be-
ing made at this place. Clearly, we
can offer as many conveniencss and
as much accommodated as can be
found elsewhere and our citizens
should be on the alert in the matter
Get off your coats and go to work
for home interests.
Martinsburg independent. [volume] (Martinsburg, W. Va.) 1875-1900, 1893-02-11
Monday, January Goth,

at static in rear of st. Clair Hotel.
Owing to the number OF colts on hard
will sell him veTy reasonable. He IS
pronounce d by judges IF hers flesh 70
he the test specimen of his BREED they
ever saw. He or his COTS have never
been to a fair without iaking tie first
premium He is iaul less in every re-
spect, and a a ienper like !amh !;
can be handled ~ Y ore n any way !;
has never been know n to bite or kick AT
anybs dy.
FeIda and an bnas of The fiji est hea-
Wy draft colts IN The county he al d
his cslts can be en- at anv tin by
calling al the stable No trouble to
show hem. r. digree urqness on d.
1921 J LII TIER ROPP.
Martinsburg independent. [volume] (Martinsburg, W. Va.) 1875-1900, 1893-02-11
Mitchell and HE Rich Backer.

LONDON, Feb. CHARLES Mitchell,
with Millionaire Abingdon, and E,
Bailey, his secretary, started for
Liverpool TO day. A tremendous
crowd was present, and fifty special
cons;ables hal to be engaged to keep
back the enthusiastic crowd that
cheered Mitchell. He Will sail on
The Majestic tomorrow. Abingdon
will back Mitchell for any amount to
fight Jim Corbett for the Champion.
ship of the world.