davidaulloa/AmericanStories huggingface dataset:
The Marietta journal. [volume] (Marietta, Ga.) 1866-1909, 1895-03-14
GEORGIA-COBB COUNTY:

To whom it may concern Janes T
Echols, Administrator of lisa Harrington
colored, has in due form applied for leave
10 sell the lands belonging to the estate O.
said deceased, and said application will
oe heard on the first Monday in Apri
next. March 5, 1895.
J. M. STONE, Ordinary.
The Marietta journal. [volume] (Marietta, Ga.) 1866-1909, 1895-03-14
JOURNAL FOR ST.

Owing to the stringercy of money mat.
tiers, and with view TO increase our sub
cription list, we will serd the Marietta.
Journal for cash one year for one dollar,
six months for fifty cents, and three month
or 25cts in the county. All credit SUBJ
scripticns at the old rate. $3.50. Drop
into the Journal Office and leave your sub
SCRIP ton with the euitors.
The Marietta journal. [volume] (Marietta, Ga.) 1866-1909, 1895-03-14
GEORGIA-COBB COUNTY.

GEORGIA-COBB COUNTY.
Whereas, T. D. Power, Administrator
OF M. E. Kirksey represents to the Court
in his petition, duly filed and entered on
record, that he has fully administered M.
Z. Kilksey's estate. This is therefore to
cite all persons conserved, kindred and
creditors, to show cause, if any they can,
why aid:Administrator should not be dis.
charged from his Administration, anG rev
ceive letters of dismission on the first
Monday in April 1895. This 9Th January.
1895. J M. STONE, Ordinary
The Marietta journal. [volume] (Marietta, Ga.) 1866-1909, 1895-03-14

WAIVER NsTEs.-Ironclad in book of
100 for scots in book of so foF25cts. All
SO Book Of 100 Receipts good quality of
paper for 25cts, at Marietta Journal Of,
fee.
The Marietta journal. [volume] (Marietta, Ga.) 1866-1909, 1895-03-14

JUDICIoUs ADVERTISING
Creates many a new business,
Enlarges many an old business,
REEVES many dull business,
Rescues many lost business,
Saves many q failing business,
Preserves many a large business,
Secures success in any business,
Therefore advertise in the Marietta jour
NAL your business.
The Marietta journal. [volume] (Marietta, Ga.) 1866-1909, 1895-03-14

20 guarantee to all patients. II they can possibly
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The Marietta journal. [volume] (Marietta, Ga.) 1866-1909, 1895-03-14
I moNa arccnfs'G. specialists and
foung and mid
lie aged men.

VAC dScC HIcNs
Remarkable re.
suits have follow.
cd our treatment
Many years of
varied and success
ful experience
IN she use of cura
tive methods tina
we alone own and
control for all dis
orders Of men who
have weak, unde-
=veloped or dis
leased organs, or
.who are suffering
from errors Of
youth and excess
|or who are nerYouE
and fmpO ten {,
the scorn Of heiI
4 fellows an d the
contempt of their
friends and com
panions, leads as
The Marietta journal. [volume] (Marietta, Ga.) 1866-1909, 1895-03-14
Dyspepsia, Chronic piarrhoea0
Debility, Rheumatism 10 Years.
All Yield to Cermetuer.
CHRONIC DlERRHoEA.

l was reduced to state of great
debility. In this condition, some two
or three years ago, l began to use DR..
Kings
The Marietta journal. [volume] (Marietta, Ga.) 1866-1909, 1895-03-14
@oYAL cERMETUER,

1t has done me more good than all the
medicines have ever taken. can
The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1895-11-12
STATEMENT OF THE CASE.

Inc respondents own an undivided
aWo-thirds interest in the Niagara
quartz lode mining claim. The de-
dendant. William A. Clark, owns the
ooner one-third in said claim. The APP
peilants own the Black Rock quartz
iooe mining claim. The surface rela-
lions or the two mining claims are in
dicated upon the annexed diagram.
marked figure 1.
IL VIII be more convenient in this
statment, and in the opinion, to some
times speak of the parties to this ap-
peal as the Black Rock and the Mag
ara, instead of using their names, or
uhe terms appellants and respondents.
The north side line of the Black
Rock claim is the south side line of
the Niagara claim. We do not purport
to exactly indicate on the diagram the
position OF the apex of the vein as fl
traverses the two claims. The dotted
line simply indicates the general
course of the vein. and. as far as the
purposes of this decision are concern
ed, is correct. The apex moves across
THE Black Rock claim from west to
east. and crosses the boundary line
between the two claims at a point
marked A on the diagram, which is,
as the jury found. 513 feet westerly
from the northeast corner of the Black
Rock. which corner is marked b on
thC ne east emu line or the
Niagara was originally at the place
marked BID. In some controversy be-
tween the Niagara and the Raymond
claim to the east, a compromise was
made by which the boundary between
these two claims was placed at a point
about PA feet westerly from the origi-
nal Niagara east end line. This was
called the compromise line, and would
be alt about the place as marked on
the diagram EFF. This, however, is not
important in the present suit. The
parallelism of the end lines of the Nj
agara was not disturbed by the Ray
mond compromise. The apex and
strike of the vein having crossed into
the Niagara ground at tine point mark
ed A, continue easterly and pass who'll
ly out of the Niagara ground through
the easterly end line thereof. 1t is i'm
material whether that end line is the
line BID or EFF The strike and apex
pass through each of them. The vein
dips to the south. The portion of the
apex which is represented by the line
AG is wholly within the Niagara sur
face lines. The portion of the vein be-
low this part of the apex. in it's down.
ward course into the earth, that is to
say, on its dip to the south, passes
under the line HB. which is the north
The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1895-11-12
SIDE LINES And END LINES

cided by the United States supreme
court in the Amy-Silversmith case In
other words. the Black Rock contends
that, under that decision. II the Mag
ara apex leaves the Niagara claim
through a side line. as It does, the
Niagara is limited. in following down
the dip OF the vein, to a perpendicular
plane drawn downward through that
side line. the line HB on the diagram:
whereas. the district court did not so
limit them. but held In its judgment
that the Niagara could take the ore
on the dip of the vein under the apex
AG and east of the point A, although
such vein on its dip extended south
ward under the Black Rock north side
line. That is to say. the district court
gave judgment in accordance with the
law OF the Amy-Silversmith case in
9Th Montana. which was declared not
to be the law in Amy-Silversmith in
152 U. S. We will concede to the. Black
Rock that this question is raised by
the pleadings. and we shall proceed to
determine whether the Niagara or the
Black Rock owns the ore in dispute
taken from the place marked lore bod
les ON the diagram.
We shall not renew the discussion of
the cases upon this question decided
by the United States supreme court
prior to May 81. 1890. the date of our
decision of the Amy-SilversmitIh case.
Our best construction of those decis-
ions is found In our opinion in that
case. We there met the problem which
had for years engaged the earnest at
tention of lawyers who had to do with
mining litigation, i. e., the preserva-
ton of the intent of the mining stat
utes, when they are applied to a To-
cation in which exploration has DEM
onstralted that the apex and strike of
the vein do not pass through both end
lines of the location. We gave our
best endeaver and research in that de-
cision. and arrived at a result, which
we were willing to concede was not
wholly in accord with the decisions OF
the United States supreme court upon
that subject. but which we believed
could, with a very little-effort be rec
onciled with those decisions, and which
we were wholly satisfied was the only
practicable working solution of the
problem in all its phases, and which
we were also wholly satisfied was fully
within the intent of the United States
mining laws.
Even with the profound respect,
which we. in common with all courts,
entertain for the decisions of the Unit
ed States supreme court. we think,
that there is no improperly in saying,
and. that 1t Us due to ourselves TO say,
The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1895-11-12

terror boundaries. what the true strike
OF the vein Is. II he knows this he will
locate so that the strike shall pass
through the middle OF each end line.
leaving 300 feet OF surface on each side
OF the vein. But the true strike is often
ascertainable only after immense sums
OF money are expended In development.
He has 20 days. under our statute. to
determine this important matter. which
may take years to fully demonstrate.
III In this helpless condition the pros
pector commits an error OF geological
Judgment. and upon such error he ex-
pends the toll Of years, and that toll
mas wrought its reward. we are Of opin-
Ion that the statute should be so con-
strued as will come the nearest TO CIV
ing TO him that whole section or block
OF the vein which we have above indi-
Gated that II Is the intent that he shall
nave. as is consistent with the amount
OF apex which he has happened to Sc
cure by his surface lines, and their
planes extended downward"
We then proceeded to review the con-
tention OF counsel in the case and to
discuss, as we understood them, the
three leading cases in the United States
supreme court, namely: Flagstaff Sill
yer Mining company VS.. Tarbett (the
Flagstaff case), 9S ". s., 1853 Iron Sill
yer Mining company VS.. Elgin Mining
company (the Horseshoe easel, lis u.
5, 1876 Argentine Mining company VS..
Terrible Mining company, I22 u. S.,
AIS.
We then offered the following solu-
ton OF the problem, and decided the
case upon the principle. as found on
page 30 OF the report, as follows:
These three United States cases have
compelled that court TO endeavor to
cast into the Procrustean bed OF the
statute individuals that strained the
mold into which they were forced. But
The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1895-11-12

mat. the longer we observe the daily
operation of the mining laws in orac-
tcal aHairs. the more satisfied are We
that our decision of the Amy-SIlver-
smith case was correct. We are
strengthened in this opinion by the
views OF other courts, to which we
shall hereinafter refer But THE ITnitod
states supreme court is the court of
last resort upon this subject. and orr
Opinions. as a rule of decision. must
be abandoned If they are i'm conflict
with the declarations of the superior
tribunal. If that court had given no
further utterance upon this subject
since its decision of the Amy-Silyer
smiun case. we should feel that we
must, however reluctantly, desert the
principle which we sought to maintain
en- that case. But. as will be seen in
the review Of the cases below, chat
distinguished tribunal has given a hint
that II is willing 20 reconsider the prdn-
cfple involved. Upon that hint we feel
that we are justified in approaching
the subject much as II Ii were res
lntegra. and without subjecting our
serves TO the criticism of judicial in
subordination.
But 10 the subject in hand. AS
noted above. we shall not go to the
decisions back of our Amy-Silyersmtu
opinion. % Mont. 543) We are salts
ned with that discussion of the subject
and the review OF the authorities mo
TO that date. We shall take up the
subject as 1t has been developed since
our decision in that case.
The history of the discussion Is
found, chronologically. in the follow
Ing cases:
King V. Amy-Silversmith NJ. Co. o
Mont 54S; May 81. 1890. Tyler NJ. Co
V. Sweeney. 81 Fed 2S4: January l6
1893. King V. Amy-Silversmith NJ. Co.
l52 U. 5. 222; March 5, 1894. Last
Chance NJ. Co. v. Tyler NJ. Co, 81 Fed.
5oI; April .. 1894 Del Monte NJ. Co. v.
y. Y. NJ. Co. Sc Fed. PIP; March IL
1895. Last Chance NJ. Co. V. Tyler. 157
L. s. 6S3; April Is. 1895.
The cases cited above in "a Federal
81 Federal and 157 United States. are
different appeals and discussions OF
the same case.
In the Amy-Silversmith case the apex
OF the vein crossed the claim as in
dioated in the diagram used in thar
opinion. and which is reproduced here.
marked Figure =.
The vein dipped to the north. We
held that the rlght OF the Amy-Sllver-
smith 10 follow the vein on the din
was bounded by q DerDendicular plane
extending into the earth at the point
where the aDeX crossed the Amy-Stl-
versmith north side line, the point
marked f on the diagram. Fig. ?. and
Which plane was parallel 10 the end
lines OF the Amy-Snversmfth claim.
The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1895-11-12

side line of the Black Rock, and the
south side line of the Niagara. We call
this line "a side line at present Simply
for convenience and not as a prostate
ment of our views as to whether It
must be considered a side line or an
end line. On this portion of the vein
on the dip lying under the apex AC
the ore was found marked on the dia-
gram 'ore bodies'D which was the
subject of this action. The defendant,
the Black Rock owner. entered upon
this portion of the vein. and extracted
the ore from the place as marked on
the diagram.
The plaintiffs being the owners of an
undivided two-thirds interest in the
Niagara, brought this action against
the defendants to recover the two
thirds value of the ores so taken from
the place above described Plaintiffs
obtained judgment for s27.242.54. The
jury also found that the apex Of the
vein in controversy passed entirely
within che lines of the Niagara lode ait
this point marked A. Judgment was to
this effect. and for the amount Of mon
ey named above. A motion for a new
triad was denied. The Black Rock peo-
pie appeal from The judgment and
from the order denying the new trial
OPINION BY JUDGE DE WITT.
This case was tried In the district
court after the decision OF King VS.
Any-Silversmith NJ. Co.. 9 Mont 543
and before the reversal Of that decis-
ION on appeal to the United States su-
preme court Q52 u. S. 222.) The case
was tried upon the assumption that
the law as ATTEMPTED TO be declared
in 9th Montana was correct. The dis
triot court instructed the jury upon
this theory. and the judgment gave to
the Niagara people the two-thirds val
ue OF the ore taken by the Black Rock
east Of the point where the apex of
the vein passed entirely into the Mag
ara ground, namely. point A on the
diagram. No executions to these in
structions were preserved, or specified
so that they can now be reviewed.
But since the trial of the case at bar,
and perfectinG the appeal to this court.
the United States supreme court has
reversed our decision in the Amy-Sil-
verssnith case. The Black Rock peo-
pie argue that. although they are not
now in a position to urge error in the
instructions. (that is TO say. that which
they now claim 90 be error by reason
OF the United States supreme court de-
cision Of the Amy-SilverSnith easel
still they can raise the same point up
on the ground that the pleadings DO
not support the judgment. Their argu-
ment TO this effect is that the plead
sngs. alleging the facts as detailed IN
the statement above. do not warrant
the judgment under the law as de-
The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1895-11-12

Taking effect Oct. 10Th the Burlinx-
ton route will sci, frst-class tickets 70
all Missouri river points at SIS. second
class. $50 Phil Daniels. T.. r. and p
A.. Butte: W. w. Johnston. e. A. Bull
ings. Mont
The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1895-11-12

Subscribe for the Standard
Evening bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1895-1912, 1895-07-06

TT Is TO BE 'short horse soon
4 curried' with this session OF
the Legislature aud il is probable
that some important measures
will be overlooked. The matter
Of inducing immigration from tho
United States is one that should
have the attention of the members
without much delay. Tho more
people that are here permanently
the better will be the business of
every store keeper on the islands.
A good farmer is worth some
thing to the store keeper who sells
honest goods at low price 5 that's
us We are offering ribbons all
widths at prices that actually
make us ashamed to tell you what
they are. The coats Of our rivals
turn green with envy when they
hear of them. We have them in
every conceivable shade.
Our stock of underwear has
never been equalled, much less
excelled in either quality or price.
II is absolutely the best at what
you pay for Il second or third class
article. It was only by chance that
we secured the stock of a well
known dealer in San Francisco
(overstocked WIS his excuse foi
disposing of iN, and as we go
them far below the market value
we are enabled to give you the
benefit of our good luck. They're
going rapidly, these suits, and yor
must speak quick if you war
thom.
If you are thinking about get
ting a riding or bicycle suit you
had better look into our ladies
cloth and serges The quality Il
right and so is the price. Al
shades and desirable widths.
Evening bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1895-1912, 1895-07-06

1890" is the number most fire.
quently called over the telephone
wires. 1t rings up the UNITED
CARRIAGE CoMPANY's stand, where
Superior Hacks with safe and
courteous drivers, are always to
be found. A complete livery
outfit, including buggies and wag-
gonettes, furnished at the short
est notice.
Evening bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1895-1912, 1895-07-06
VS..
Souls
Water soaked soles and their

Water soaked soles and their
offspring, bad colds, have sent many souls
to where the woodbine twineth.
Soles that stand wet weather without
soaking makqth the soul glad, and the man
who provideth his fellow man with good
soles makes glad the souls Of many fellow
men.
Evening bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1895-1912, 1895-07-06
A New Abstract Office

Asa result of IL years experience
in the Abstract Business, am
prepared to make Abstracts Of
Title in most thorough, accur.
ate, and complete manner and on
short notice.
/. w MAKINNEY.
In w. o. Smiths Office, 31S
Fort Street. myl3,
Evening bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1895-1912, 1895-07-06
THEO. HOFFMANN,
32-td Manager.

The famous e. g. w. Carl e.
Wilson) Collars and Cuffs in lat
est shapes at Tracy's.
Evening bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1895-1912, 1895-07-06

Clothing, hats, shirts, underwear,
hosiery, neckwear, ETC., to suit all
sizes and conditions of men, at l..
d. Timmons, Waripg Block, cor
nsr Fort and Beretania SITS.
Evening bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1895-1912, 1895-07-06
EVENING BuLLEr1N, Jun 0. lso5.
rELEGRAPHIc NOTES.

the archives Of Lisbon were des-
troyed by fire on the 18th.
The condition Of Professor Hux.
ley, the great scientist, who has
been i'll for some time past, 10 |
extremely critical.
Jules Lemaitre, the poet and
critic, has been elected 20 the
French academy to succeed the
historian Jean Victor Duruy.
It is thought that only the
militia will DO able to quell the
uneasiness over the killing Of Red
Lodge, the Cheyenne Ind an, at
FL Reno, Ok.
Grasshoppers have appeared in
such quantities between Eckley
and Otis, Neb., as to cover the
Burlington railroad track and
cause much trouble.
James Mutt, who shot Mrs. Jessie
Peyton and Leonard Colman at
Atchison, Kan, last September,
has been sentenced to the penl-
tentiary for fifteen years.
Nicholas Tully, who touched off
the battery and blew UP the
Strong mine in the Cripple Creek
district about year ago, has been
convicted of NAL ,cious mischief.
The Illinois Steel Company
has voluntarily advanced the
wages of its employees IT the Bay
View, Milwaukee, about 10 per
cent. to become effective at once.
Mrs. Il. B. Babccck. a blood
niece of the mutt millionairess
Hetty Green of New YORK, is
dangerously i'll and in destitute
circumstances at Fort Worth,
Tex.
A fire at Danilow, in the pro-
vince of Jaroslaw, Russia, has de.
stroyed several public buildings,
church and a number of houses.
Several persons were burned to
death.
General Geronimo Trevino has
arrived at the City Of Mexico for
the purpose of arranging for the
transfer of the Monterey and Gulf
railway to the Belgian Stock
holders.
Edward Lemke, near Webster
City, Ia, who is reported to be q
wealthy farmer, has been arrest
ed, charged with gradually star
wing both himself and his stock
to death.
1t is reported that Captain
General Martinez Campos has
been shot by a Cuban spy named
Puerta Sanchez. 1t is also. stated
tlat the Cuban insurgent Gomez
has been captured.
A near relative of President Lin
coin died Thursday in the aims
house at Reading, Pa. He was
an inmate of the institution since
1886, and leaves three children
who reside in Philadelphia.
instructions have been issued
from the Marine Department a.
Ottawa ordering the release of the
tugs and scows seized on The
Niagara river while dumping dred'
gings in Canadian water.
The Italian Deputies followed
fierce debate on the royal righ
: of pardon by a free fight las
week, in which many took part
A duel is being arranged between
Deputies Deandreis and Casalege
Mrs. d. F. Pitzel, wife of thu
man who is thought to have beer
murdered by Ii. H. Holmes il
the conspiracy to secure $4,000
insurance, has been released from
prison in Philadelphia, where sh,
was held as witness.
The Austria Hungary Agricul
tural Society has recalled Henri,
Gluckmann of Chicago for tn
purpose of having him introduc,
American methods and machinery
Z among the farmers of Austria
: Hungary, Bulgaria, Seryia, etc.
, Christian Pells. son OF tn,