The herald., 1895-05-05
C0nstitutiOnality of the Right
to Jury Trial
FEELING AMONG THE INDIANS
The Railroad Survey Completed Il
Flagstaff
Big Sale Of Pipe Old Landmark to Go-Rich
Gold Strlke-Movement Of
Troops

not deprivation Of constitutional rights.
| This is a victory for the corporation OF
Tempe and is decision of interest to
every incorporated town excepting Mesa
in Arizona. The ca was the corpora
| tion of Tempe against Justice Q. G.
Smith, the question involved being the
rights of persons charged with violation
of the city ordinance of Tempe to a
trial by jury. A. r. McClaney and
George W. Cane were arrested for refus-
ing to pay licenses prescribed by ordi-
nance. A jury trial was demanded and
granted and the case was set for trial last
Saturday. Application was made on
that day Tor writ of certiorari. The
applicant was sustained by Judge Baker,
and Justice Smith was directed to give
the defendants, McaClaney and Kane, a
| summary trial. The case against them.
however, will not be taken up until the
expiration of the ten days allowed in
which to perfect an appeal. In the mean
time, though, summary proceedings will
be begun against other persons who have
refused to pay licenses.
Judge Baker decided that Justice Smith
had exceeded his jurisdiction in granting
a jury trial. Municipal ordinances are
| not criminal statutes. said he, and viola
| tions against them are not crimes gov
| cept in certain particulars not necessary
| to a conside. alton of t, is case. The vio-
| lated ordinance was merely police regu-
lation and had no relation to the admin
| istration of the criminal law of the terri
| tory.
The Globe Silver Belt claims to have
reliable information that there is strong
feeling among the Indians of the San
Carlos agency to do bodily harm to those
who undertake to lay or construct rail
way across the reserve. Their pow-wows
are of almost nightly occurrence. and
there are other signs of the gathering
storm. The present trouble, it is said,
did not originate with the Indians. but
that they are being melted to oppose the
construction of the CHA Valley. Globe
and Northern railway by white men who
have been or are residents OF San Carlos.
The Interior aim is to effect the return of
troops to San Carlos to fe establish it as
an important military post, restoring the
folmer prosperity OF the Indians nd ole
white retainers of the post.
A mortgage has been filed for record at
Prescott from the United Verde and
Pacific Railway company to the State
Trust company or New York to secure
mortgage bonds issued by the company
to the amount OF $500. 000
A change is pending in the Buckeye
canal. There have been filed in the re-
corder Office releases of all claims what
ever signed by the Equitable Mortgage
company and by Charles d. Wilkinson.
The persons especially released being the
main promoters OF the proje ted great
canal William O'Ntil of Prescott William
Barnes of New York. Phoenix i soon
to have metropolitan market Of fruits
| fish and flowers, which will be under the
management Cf S. p. Hall ana Lem
Brems N, both of California. They ex-
pect to open for business about May 10th.
Cowboy Mollie." the insane woman
who escaped last week, was arrested by
| the sheriff Oh the other side Of the Gila
where she was found by some Indians.
! into whose camp she had wandered. She
| has been taken back to the asylum.
The surveying party of the Durango.
| Flagstaff and San Diego railroad has
| reached Flagstaff, having completed the
survey of Mogollon Rim from the crest
! to the Verde valley. 1t was determined
to commence the survey at a point half
mile west of where the dry Beaver wagon
road reaches the crest of the rim. about
five miles northwest of the Montezuma
well.
The sharpest grade in the six miles is
3 per cent. Chief Engineer Charles Lee
considers it very feasible and com mparative-
| ly inexpensive mountain rod. All the
rest of the line is over fairly level coun
| try where road can be chea aply built.
| From Beaver Head the company has the
choice of three routes one by crossing
Oak creek near Court House rock, and
the other by going along the south side
the crest of the rim northward there is
also the choice of two routes to Flag
| staff.
S. Tribbolet and W. c. Rudge of this
! city have formed a corporation to engage
in the butchering business. buying and
selling farm produce meat packing. etc.
| George M. Hickman, representing the
wholesale hard firm of Miller. Slo1s
g. Scott San Francisco. sold last week to
! the Golden Cross Milling and Mining
! Company about six miles or about
twenty-five carloads of six inch pipe.
| Willis Norton, whose warehouse was
burned down at Prescott, will again carry
on his business notwithstanding his losses.
| The board of control has awarded the
contract to the Poenix Plumbing COM
pany for large tank to be placed in the
| insane asylum. The board has gone to
| Yuma to inspect the prison frame,
Next week the old Methodist church
| which has stood for so many years on the
| corner of Washington and First avenue
, ill be torn down. On Sunday the final
services will be appropriate for the occa-
sion. On the site will be erected a fine
three story hotel by DR.. Ford, costing
The Maricopa canal dredger which was
burned last week is to be Immediately
rebuilt by r. H. Collins, the original con-
! structor.
On Tuesday evening company was
formed by the business men of Kingman
for the purpose of tunneling Stockton
hill. Eight hundred dollars were sub
scribed, and it is thought before MAY list
fully $4,000 will be paid into the orgai,iza-
tion committee. The tunnel will tap the
ledges from sou to 1000 feet below the pres
ent deepest workings.
c. W. Prange has his mill ON the
Euclid mine, west of Wickenburg, all
ready 70 run with the exception Of law
ing feed pipe. which he expects to
have completed within few days, when
he will start UP.
Thomas Bowe has a mill about COM
pleted in the Santa Maria district. which
he proposes to run by water power.
A rich gold strike has been reported in
the Big Cottonwood district. On Tuesday
last W. R. Stone returned from the dis
trict and brought some quartz that goes
up into the hundreds. He is interested
in the Romero mine.
Gold hunters from the west are arriy-
ing at Piedmont section of North Caro-.
lima. and there is an outbreak OF mining
fever. Four hundred miners from the
west are expected within sixty DAYS.
Deputy Sheriff Tom Drum OF Coconino
count is circulating petition along the