davidaulloa/AmericanStories huggingface dataset:
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1895-05-12
PROBATE COURT.
Orders Made in Two Cases by Judge
NIcNaIIy.

Orders Made in Two Cases by Judge
McNaIIy.
In the estate of Joseph Busby, petit
ton was yesterday filed by Joseph
Busby, the administrator, asking that an
order of sale of real estate be made
There are debts against the estate to the
amount of sl.497.OS. which are held by out
side parties and expenses of the admin
istrator to the amount of $3.50. The total
estimated debts, including those which
may accrue from the administration Of
the estate are 81, 1865.
In addition to these there is a trust
deed and a mortgage on certain property
for the sum of $500 and interest; note
TO George Busby, for the sum of 1902, Sc
cured by trust deed to certain property
and as the personal property is insult
ficient TO pay the debts on the real realty,
an order of the court authorizing the sale
of so much of the latter as may be neces-
sary TO satisfy these claims is asked.
An order TO show cause why this should
not be done was issued and the hearing
on the same fixed for June 49,
The executors Of the estate of Annie W.
Clays made report of the sale of GER
tain real estate belonging to the estate
and asked for the confirmation. The sale
Is not within 80 per cent of the value of
the property, but the executors say that
it is the best price which can be obtained
at this time and as it is absolutely neces-
sary to sell TO satisfy certain claims they
ask that an order be issued appointing
appraisers and reappraising the property.
The order was granted on the showing
made and the same appraisers appointed:
". z. Lake, William T. T. Brooks and
Frank W. Metcalf. Wednesday, May
2, was fixed as the date of further hear
ing of the matter.
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1895-05-12


son to whom a debt is owing by an.
other person, called the debtor, and
an existing creditor must be construed
to mean a person who has such debt
that is then due, and which he IS al
once entitled to recover.
In view of these facts and the law
| think the parties must be construed
TO have intended-and the court will
always construe an instrument to
conform to the intent of the parties
that the corporation should be respon-
sible only for such amounts as were
then actually due and payable by the
partners at the time of the incorpor-
alton. To hold otherwise would be to
say that the obligation which it was
agreed it should assume, and for
equivalent, was uncertain, ranging on
this one item alone from S425 to over
$4,000
Even if I should be of opinion that
as between the partners and the cor
poration, the latter has assumed and
was obliged to pay all the debts Of
the partnership, yet the agreement,
not being one made expressly for
plaintiffs benefit, he could not sue up
on it, notwithstanding he would be
incidentally benefited by its per-
Torrance.
I will say in regard to plaintiffs
claim, that even if he cannot sue at
law, that equity will afford him the
relief sought; that if he desired equit-
able relief, and the court was disposed
to grant him the same, it could not
do so in this case for want of proper
parties.
IF the agreement or assumption of
Indebtedness in question was for the
benefit of plaintiff it must have been
alike for the benefit of every other
partnership creditor of c. E. johnson
and P. Pratt, jr., and if the partner
ship property was received as trust
fund out of which to pay the partner
ship debts, every partnership creditor
Is interested in such fund and must
be made narties to any action affect
Ing or attempting to charge it with
such Indebtedness.
The plaintiff cannot be permitted to
absorb the whole to satisfy his claim
for rent and leave nothing for the
other creditors of the partnership, or
Of the corporation.
My opinion is that the plaintiff
should take Judgment against c. E.
Johnson and P. Pratt, jr., for the
amount of mis- claim, and that as to
the defendant corporation, the john
son-Pratt Drug company, they are
dismissed with Stheir costs.
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1895-05-12
difference OF something like 100000 be-
tween the figures of Mr.. Elasby and
those of Mr.. Outcalt.
CANAAN STOCKHOLDERS TO MEET
Call Has Been Issued by the Com
pany's Secretary.

Sa1A mas Been issued by the Conn.,
Dany's Secretary.
Secretary Edwin G. Woolley, of the
Canaan Cooperative Stock company.
of St George, has just issued call
for special meeting of the stockhold-
erS of the institution, to be held at ST.
George on the 18th day of June, for
the purpose of ratifying the recent sale
of the brand of the company and
taking steps looking to a disincorpora-
ton. The life OF the company goes out
on November ., and it is therefore
necessary that the stockholders should
meet and give expression to their de-
sires. There being no property in its
possession. it is hardly likely that re-
Incorporation will be attempted The
ratification Of the sale of stock is
merely formal, as majority of the
shares have already voted for it in the
board of directors.
Mr.. Saunders, the purchaser of the
cattle and ranches of the company,
has received advices to the effect that
the first transfer will be made on or
about the 18th day OF the present
month and his agent has already gone
down to the property. President An
drus and his cowboys are in the field.
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1895-05-12
.Litfle Rn Peen

had lost her sheep, and couldn't tell
where to find them" so the old nur-
sery rhyme says. and it goes on to bid
her leave them alone, and they'll
come home, and bring their tails be-
hind them All this may be true of
lost sheep. but if you have lost your
health, you cannot afford to leave that
alone. 1t will not come back of its
own accord. Some people brag that
they never bother about colds. They
''let them go the way they came
Alas, too often the victims go to a
consumptive' grav. Remember that
DR.. Pierce's Golden Medical Discovery
removes erUptions, blotches, pimples.
ulcers, scrofuIous humors and incipient
which is simply scrofula
Of the lungs. It enriches the blood.
making it pure. and the whole system
new
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1895-05-12
OF INTEREST TO FRUIT GROWERS
a Lecture From Fruit Tree Inspector
Price.

I wish through the columns Of your
valuable paper to ask the fruit growers
to examine their trees closely, for 1 find
in certain sections that the green aphis
are very numerous; they will notice the
leaf curling and upon opening will ind
a number of small green insects. The
only way at present to sUbdue them is
to use the kerosene emulsion. Any
horticultural work will tell them how to
mix that formula. Anybody whose trees
are suffering from any cause will confer
favor by notifying me at my office 81
city and county building. \ large per-
centage of our people imagine that Paris
green or London purple is a panacea for
all the ills their trees suffer, but I want
them TO understand that arsenical poison
ing will not hurt a sapsucker to which
class the green aphis, woody aphs. red
spider, thrift mite, etc, belong.
The deputy inspectors meet every
Saturday at 2 O'Clock in the city and
county building. and all sprayers are in
yited to attend. Respectfully,
FRED W. PRICE.
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1895-05-12
KELLEY INSTITUTE.
Parent Institute Declared Owner OF
All the Rights in Utah.

All the Rights in Utah.
In the matter of the Leslie E. Kelley
company, of Dwight, ILL.,, against the
Salt Lake Kelley Institute, the chief
justice yesterday granted judgment
for the plaintiff, cancelling the con-
tract under which the Salt Lake In
stitue operated in this territory by
powers conferred upon it by the plain
tiff, the parent institute, for the rea-
son that the Salt Lake Institute had
violated it's terms. 1t was also decreed
that the Salt Lake Institute is for
ever debarred from conducting any
business in which the words "Keeley,"
'Keeley Institute" "Bichloride of
Gold" are used. and declared that
the Leslie E. Kelley Institute is the
sole posessor of the rights in this ter
ritory to use the bi-chloride of gold
remedies for the liquor and tobacco
habits and for the cure of neurasthe-
MIA.
Powers, Straup and Lippman were
the attorneys for the Leslie Z. Kelley
Institute.
Mrs. WeggcIand Granted n Divorce.
George A. Weggeland was yesterday
granted decree Of divorce from
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1895-05-12
Alleged Unlicensed Doctors.

Warrants were issued from United
States Commissioner Greenman's
court on complaints sworn to by De-
tective Franks. charging D. Turngreen
with practicing medicine without a l.
cense and charging Mrs. DR. Graham,
who runs a branch of the Viavi COM
pany, with representing herself by card
and otherwise as being duly qualified
physician when such is alleged not to
be the case
The parties were arrested and will
appear to plead tomorrow morning.
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1895-05-12
WILL REINCORPORATE.
I This is the Decision of the Stock.
holders of Z. c. M. /.
HANDSOME SHOWING MADE.
Personal ADDRESS BY THE PRES
IDENT AND SECRETARY.

What tbs Great Institution Has Ac-
compIished In the Tyvcnty-fise
Years of Its Life-Wauer 81 Co.
Receive Payment for Their Re-
cent Fire LoSs-Over so Per Cent.
of the Insurance Carried-Stock-
holders of the Canaan Co-opera-
tive Stock Company Will For
mally Ratify the Recent Sale of
the Compahy's Brand-IDsurance
Situation.
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1895-05-12
Republican League-yotice

The Rio Grande Western will make.
a rate of one single fare for round
trip from all points in the territory to
Salt Lake city and return for dele
gates and friends to League Club con-
vention- Tickets will be sold at Ogden,
Bingham. Provo. Eureka and all in
termediate points on May II. From
all other points May Is. Inquire ot
R. G. W. agents at outside points for
all infOrma ton
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1895-05-12
Court Notes.

Judgment was yesterday entered for
the plaintiff in the suit of Meyer Bros.
Drug company VS.. Earl D. Grey for
S606.8O and costs.
T. J. Osborne is suing Charles 2.
Holt ct al to recover 81, 800 on a prom
issory note secured by mortgage.
Judges Powers and Hiles leave this
morning on a special train for Beaver,
where they have some important cases
coming up for trial before Judge
Bartch. now holding court in that
district.
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1895-05-12
INSURANCE CIRCLES DISTURBED.
Conditions on the Coast Not Mt All
satisfactory.

Satisfac Glory.
The Associated Press last night sent
in the following important dispatch
touching on insurance conditions in
San Francisco and on the coast:
San Francisco, May 11-Local insur-
ance circles grow more daily disturbed
with the continuance of the rate war.
There are many rumorS regarding
projected Withdrawals of eastern COM
panies from the Pacific coast The
Girard Fire Insurance company, of
Philadelphia, is the latest to conclude
that with slashed premiums California
business it not sufficiently profitable
1t has declined to cut rates and no
more policies will be written by it
under present conditions. Its resident
managers have resigned and it is said
10 successors are to be appointed.
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1895-05-12
COUNTY COURT.
sprinIsIine Bids Co over-Bin. Al

SprinI<Iing Bids Go Over-BilIs Al
= lowed by the seIectmen.
Another meeting of the county court
was held yesterday at which the princi-
pal business transacted was the opening
of the last batch of bids for the sprink-
ling of the roads outside the city limits
There was h lively competition among
those who want the work and the diff
ference between the highest and the low
est men was very small, the sum repre-
sented being only $40. 1t seems as
though all have put their figures at the
bottom notch and it is a good thing for
the county that the new bids were adver-
tised for. although the contractors say
that they will make no money out of the
job.
The bids are as appended:
Per month
J. H. Griffin. 1868 90
Stout & Young ACKNOWLEDGEMENTS. 279 90
Taylor & Jensen. Observation-Disclosures. 269 IS
William Shovel. Observation-Disclosures 76 80
As will be seen the. bid of Mr.. Griffin is
only 70 cents lower than Taylor & Jen-
sen. Griffin will doubtless be awarded
the contract as he is the lowest The
court took the matter under advisement,
at least the selectmen did. until Mon
day next. The American National Bank
has offered to furnish bonds for Griffin
for the faithful performance of his con-
tract and as he is perfectly reliable and
in his work for the city has had no COM
plant whatever, he will be awarded the
work beyond a doubt. Griffin is heavy
taxpayer too and this is the kind of man
the court has been looking for in award
ing its work.
The report of the superintendent of the
infirmary for the month of April was re-
ceived and filed.
The following bills were read and
adopted:
c T. Stanton. .......-.-.-............S "a 10
c. A. Short 81 so
John Lawrence. ACKNOWLEDGEMENTS. 162 so
1otal -..-..... OBSERVATION-DISCLOSURES. $2S6 60
The court then adjourned until Monday
at o'clock.
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1895-05-12
May Go to the Reform School.

transcripts from the police court
were yesterday filed in the Third dis
trict court in the cases of Shadrech
Green and julius Emerson, held in $500
bonds to await the action of the grand
jury for HOUSEKEEPING. Green pleaded
guilty and both being unable to secure
bonds are in the county Jail. They are
youths OF IA or 10 and an effort will be
made to have them sent to the Reform
school!
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1895-05-12

Tressy Weggeland by Chief Justice
Merritt. The parties were married at
Oasis. Willard county, on September
q, 1893, and on November Z. the de-
PENDANT deserted the plaintiff and on
that ground the decree was granted.
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1895-05-12

Hoods Sarsaparilla, acting through
the blood, reaches every part of the
system, and in this way positively
cures catarrh.
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1895-05-12

5 DR.. Tillman fills teeth without pain:
80 and 81. over Walker Bros. & Fyler
Co.'S store
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1895-05-12
THONIAs G. WEBBER. secretary.

To this letter many replies are being
received and Secretary Webber's desk
is piiiDg high with the powers of at
torney sent in by outside stockholders.
Spirit of Jefferson. [volume] (Charles Town, Va. [W. Va.]) 1844-1948, 1895-11-05

Mr.. Samuel p. Whitmore died at
his home in Martinsburg on the 26th
ult., in the Goth year of his age.
Mr.. Whitmore was consistent mem
ger of the Presbyterian church and
viewed the approach of death with
entire confidence in the future. He
was a native of Loudoun county,
Va, and served with marked credit
in the Confederate army as first
Lieut.. of the Loudoun Artillery.
The deceased was brother of MIR.
w. w. Whitmore, of this place, who
was at his bedside at the time of his
death. Mrs. Whitmore accompanied
by her two daughters, Misses Ger
trude and Sadie, and Mr.. Chas.
Whitmore and Mr.. B. w. Alder, at
tended the funeral, the remains be-
ing taken to Bunker Hill for inter-
ment.
Spirit of Jefferson. [volume] (Charles Town, Va. [W. Va.]) 1844-1948, 1895-11-05

A Toulouse on the N. & w. R.
r., at the edge of town, was burned
about one O'Clock Wednesday night.
Shortly after the fire began there
followed an explosion of dynamite
stored in the building, which awoke
persons all over the town. The door
of a freight car standing on the
opposite side of the road was smash
ed in by the force of the flying tim
bers, but no further damage was
done. The fire department respon-
ded promptly, but their services
were not needed.
Spirit of Jefferson. [volume] (Charles Town, Va. [W. Va.]) 1844-1948, 1895-11-05

Jesse Glen, son of Mr. James
Glenn, aged aged about fourteen
years, was caught by revolving
shaft in the basement of the Goetz
Harness Works, whittier he had gone
TO empty bag of rags, on Thursday
morning last, and before the mach
inery, (Which had just been started
and was going very slowly could
be stopped, had his right arm broken
and terribly mangled, right leg bro
ken and was otherwise injured. Drs.
Neill, Starry and Perry gave him
surgical attention.
Spirit of Jefferson. [volume] (Charles Town, Va. [W. Va.]) 1844-1948, 1895-11-05
Positions Guaranteed

under reasonable conditions Do not say 1t
can not be done. til you send for free 100 page
Catalogue, of DRAUGHoN's PRACTICAL Bus
mess CoLLEGE, Nashville, Tenn. This col
lege is strongly Endorsed by bankers and mer-
chants all over the United States as well as
Foreign Countries.
WEEKS by Draughon's method of teaching
bookk coping is equal to 10 WEEKS, by the old
plan. Special advantages in shorthand, Pen
manship. and Telegraphy. Cheap board
Open to both sexes. SO states and territories
now represented. Write for 100 page Cata-
logue which will explain ''all. " Address j..
F. Draughon, Prest.. Nashville Tenn. (Men-
ton this papcr.)
N b. This College has prepared books for
home study, bookkeeping, penmanship and
Shorthand.
Spirit of Jefferson. [volume] (Charles Town, Va. [W. Va.]) 1844-1948, 1895-11-05

Pentz's dry goods and notion de-
partment contains some rare bar
gains; aud the queensware, we are
going to sell it, have too much, think
of closing it all out at cost. Have
some dinner sets, 80 pieces only
$500. Toilet sets just received at
1925. Cups and saucers at lie.
set, good article and new designs.
See us now for bargains as we are
crowded ana must make room for
holiday stock.
Spirit of Jefferson. [volume] (Charles Town, Va. [W. Va.]) 1844-1948, 1895-11-05

We have tried specimen of the
top brand of patent process roller
flour made at the Spring Grove Mills
of our enterprising friend MIR. w.
F. Weirick, and find it No. and
no mistake about. Mr.. Weirick is
an cminently practical man and be-
lieves in producing the best in every
line of manufacture hence the large
business success which has crowned
his course through life.
Spirit of Jefferson. [volume] (Charles Town, Va. [W. Va.]) 1844-1948, 1895-11-05

On Tuesday morning October %,
Mr.. Stanley Hammer, baggage-master
on the Valley Branch of the B. & o.
r. R., lost his only son, Cecil, aged
about Is months, with membranous
Group, at the residence of his grand
father Mr.. Joseph ID. Fry, near
Mtddleway. Interment was in Win
chester, Va. the home of Mr.. Har-
mer. This is the second child Mr..
Harmer has lost within three weeks,
both with the same disease.
Spirit of Jefferson. [volume] (Charles Town, Va. [W. Va.]) 1844-1948, 1895-11-05

J.F. Reininger is now equipped with
one of the largest assortments of fall
and winter suiting and pantalooning
ever shown in the valley. And is
selling clothing atrock bottom prices.
He guarantees his clothing in every
respect, and when you buy snit
from him you get custome-mdde cloth
ing, not ready-maade as some of his
competitors are selling. Call and
be convinced. Also is selling the
White Sewing Machine.
Spirit of Jefferson. [volume] (Charles Town, Va. [W. Va.]) 1844-1948, 1895-11-05

No time like now to buy your clothing, our
assortment is complete and our prices are
lower than ever, at Hirschman's.
The verdict is given that We keep the best
Inc of ladies' and children's wraps in the val
ley, our large sales has proved this, that we
have to order every day to keep up with the
demands. HIRscHMAN's.
We still remind you and will keep on doing
so, that We are headquarters on boys and
childrens clothing, we make them all our
selves, that's the reason why we can under
sell all our competitors. Give us call and be
convinced aud save money at Hirschman's.
Spirit of Jefferson. [volume] (Charles Town, Va. [W. Va.]) 1844-1948, 1895-11-05
lightning Hot Drops
What Funny NameI
Very True. but it Kills All Pain.
Sold Everywhere. Every Day
Without Relief There is No Payl
Market Report.
Corrected weekly by l. U. Pentz.

Thousand pair of shoes just re-
ceived-iob lots, some bought at
forced sale-children's 20, misses
80 to 60, ladies IS to S1.00 per pair.
These are below regular cost prices.
Still have the S1.25 boots that gave
satisfaction last year, and boots in
all grades and prices to suit all.
Corn, potatoes, etc., taken in ex-
change for goods, at Pentz's.
Spirit of Jefferson. [volume] (Charles Town, Va. [W. Va.]) 1844-1948, 1895-11-05
When the Chill Mists of the
Morning

Hang like a pail over the surface of the earth,
it will be well for you before ventnring into
the raw vaporous air, charged, perhaps, with
the seeds of malaria or provocative of rhcu-
matte twinges. to take wineG lassful of III os-
letters Stomach Btters, and thus shield your
self from atmospheric influences threatening
to health. If you happen to get showed,
sIeeted or rained upon. use the same proven
tive. and avoid the rheumatism or a danger
Gus cold. The agreeable warmth infused into
the circulation by this genial stomachic, its
mend it to all appreciative of the fact that
prevention is better than cure. Use the Bit
ters for dyspepsia, biiousness, Nervousness
and kidney trouble, sick headache and de-
Spirit of Jefferson. [volume] (Charles Town, Va. [W. Va.]) 1844-1948, 1895-11-05

Miss Elizabeth Busey Champion,
several years ago pupil of Stephen
son Seminary, and since then fire.
ouent visitor TO our town, and Mr..
William Henry Welsh, Jr.,-both of
Georgetown, d. C.,-were united in
marriage in Christ Church of that
city on Saturday, October 26-Rev.
Albert Steuart, officiating.
Spirit of Jefferson. [volume] (Charles Town, Va. [W. Va.]) 1844-1948, 1895-11-05

The vicinity of DuffeIds Depot has
been the theatre of several robberies
recently-B. & o. depot entered and
a trunk belonging to Miss Lizzie
Haas rifed; DIR. j. B. Daniel s.
kitchen broken into and eatables dis
posed of; and number of Mr.. Jacob
Fl. Moler's finest chickens stolen.
Spirit of Jefferson. [volume] (Charles Town, Va. [W. Va.]) 1844-1948, 1895-11-05

The time of year is here to buy
your winter boots and shoes. Be
fore purchasing be sure and examine
q line of goods bought at verv low
prices, suitable for any member of
your family-ladies, gentlemen or
children at Dalgarn's.
Spirit of Jefferson. [volume] (Charles Town, Va. [W. Va.]) 1844-1948, 1895-11-05

Cards are out for the marriage of
Mr.. Joseph TrapnelI, Jr., of New
York City, and Miss Laura Virginia
Kennedy, daughter of Mr.. and Mrs.
Walter Scott Kennedy, of this place,
to take place in Zion Episcopal
Church on Wednesday, November 6,
at 6 p. NJ.
Spirit of Jefferson. [volume] (Charles Town, Va. [W. Va.]) 1844-1948, 1895-11-05

The main body of the West Vir-
ginia Editorial Association have been
doing the Atlanta Exposition the
past week. Postmaster-General Will
son and Commissioner Miller called
upon the body at the Ebbitt in Wash
ington, enroute.
Spirit of Jefferson. [volume] (Charles Town, Va. [W. Va.]) 1844-1948, 1895-11-05

We are showing a very complete
and select line of chrildren's over
coats. Overcoats are all this sea-
sons styles, and come in the latest
and popular shapes. Let us show
you how nicely and at what small a
cost you can clothe the boys.
KAHN,s. SadIer Building.
Spirit of Jefferson. [volume] (Charles Town, Va. [W. Va.]) 1844-1948, 1895-11-05

President Cleveland, Secretary of
Agriculture Morton and Commission
err of Internal Revenue Joseph Miller
visited Shepherdstown on fishing
excursion last Thursday. If they
had come to Charles Town they might
not have found quite so much water,
but they could probably have gotten
more fish for less money.
Spirit of Jefferson. [volume] (Charles Town, Va. [W. Va.]) 1844-1948, 1895-11-05

On account of the Cotton States
and International Exposition at At
lanta, Ca, the N. & w. r. r. will
sell from Oct. l until Dec. 81, 1895,
tickets TO Atlanta, Ca, and return
at S17.95, making final limit 20 days
from date of sale; except tickets sold
after Dec. 18th must be limited to
January 18th. 1896.