davidaulloa/AmericanStories huggingface dataset:
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1895-03-14
SUPREME COURT DECISION
An Important Matter Reserved for
Future Argument.
A Peculiar suit Involving Some RnOtty
Legal Points, Two OF which
Are Decided.

In the case of Statira A. Newell,
Efie J. Newell, Carolyn A. Newell
and Blanche z. Newell, plaintiffs,
vs. John NJ. Horner, defendant,
heard at the December term OF the
the Supreme Court before Chief
Justice Judd, Associate Justice
Bickerton and Circuit Judge Whit
ing, who eat in place of Mr.. Justice
Frear, absent from illness, the
court filed a partial decision yes
terday morning.
The suit originated in the lower
court by the filing Of a complaint
by the heirs of one Thomas Newell,
who in 1879 obtained judgment in
the case against John M. Homer
and one E. L. Beard in the District
Court of the Fourth Judicial Dis
trict of the State of California for
the sum of $2,547 81, with interest
and costs. On the 18th of Septem-
Der, 1890, although the defendants
had paid some $l400 on the judg-
ment, there still remained due
$4,OOS IL, the interest at z. per
cent running the figures up to that
amount.
In 1883 the original plaintiff,
Thomas Newell, died, leaving a will
bequeathing the judgment against
Horner to his heirs mentioned
above. On the Dist of February,
1893, the heirs sold and assigned
the judgment to James A. Low,
who has been unable to collect any
thing. The defendant, who left the
State of California in 1879, is now
resident of these islands. To pro-
tect their assignee the heirs brought
suit in the Circuit Court, to which
the defendant demurred on the
three grounds:
First THAT the declaration
shows no privity of contract or of
obligation between plaintiffs and
defendant.
Second THAT plaintiffs have
no right, as the legatees of the
judgment mentioned. in said de-
claration, to maintain an action
thereon in their own names.
Third THAT it appears by said
declaration that the judgment
mentioned is barred and outlaHed
by the statutes of limitations, both
of California and Hawaii, and no
action can be maintained thereon.
The lower Court sustained this
demurrer and exceptions were
taken.
The Supreme Court in It's decis-
ion says:
eve are not favored with an ar
gument on the various points,
plaintiffs counsel conceding that
the complaint was demurrabie in
some respects, but we were asked to
determine whether administration
could be granted in this country
upon an estate whose onl y assets
were a judgment. AS this question
is not raised by the pleadings, our
opinion upon it would be Obiter
dictum, and we would not be au-
thorized 10 express 1t. In order to
make our record complete and meet
the issues presented, we sustain
the demurrer upon the first and
second counts. As to the third
point, we do not feel called upon to
decide so important matter with
out further argument.
The decision is written by the
Chief Justice, and is unanimous.
Paul Neumann for plaintiffs and G.
w. Ashford for defendant.
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1895-03-14
To the
Ladies'.

We invite you to call and
see ouI new importation of l.
YARD WIDE SILK DRESS
GOODS at 30c.
They are beauties, and you
will fall in love with them at
sight.
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1895-03-14

ADVERTISER Is cents a month.
The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1895-03-26

the distinction of entering the Massa-
chusetts legislature. In this way most
of the difficulties which southern pre-
JUDGE would have called up we're
avoided. But when the committee
reached Richmond on the way home
an unexpected embarrassment &C.
CURED. Governor O'Ferrall invited
the members to the executive man
sion, not being aware that there was
negro in the number. The black
man arrived alone, and the governor
was nonpulsed to see him come in and
conduct himself exactly as a white
man would, partaking of the collation.
provided and talking with everone.
To the credit of the governor, he
treated the negro with politeness.
The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1895-03-26
The Same Everywhere.

The good people in the East who be.
lleve that the Indian can be civilized
of hand with a Bible and a cake of
soap, should turn their attention TO
the Shlnnecock tribe who have lived
on their reservation on Long Island
for years and years surrounded on all
sides by Christianity, civilization and
all the influences that are supposed to
refine and elevate. The Shinnecock,
have petitioned the New York legis.
lature to pass an act enabling them TO
sell their reservation on the ground
that they don't like farming. The
tract consists of two square miles of
great fertility, but the Indians for a
number of years have demonstrated
their dislike for agricultural pursuits
by either neglecting the cultivation of
their farms or by leasing their hold
Ing to the farmers in the neighbor-
hood.
This tribe has had the best oppor-
tunlties for becoming civilized and
educated, but they won't work for a
living. They draw the line right
there. RIther than till the soil and
make a good living, they content
themselves with bare living obtained
by the sale of trinkets TO the visitors
who so TO Long Island in the summer
These trinkets are made by the women
of the tribe, but the bucks kindly take
the goods when manufactured off
their wives hands, sell them and
spend the proceeds The North
American Indians the country over
are lazy, shifiless, od-for-nothinc
lot and 1t seems that all efforts 10 civ
ilize them are loves labor lost Ii is
very hard TO change the nature of the
beast.
The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1895-03-26

The value of the jewels worn by
Mrs. Langtry in the play Gossip
now running in New York city, is APP
praised at the enormous sum of $50
600, and they say she has 100000
worth more locked up in Tiffany's
vaults for safe keeping Whether
Mrs. Langtry earned these jewels by
her dramatic ability is a matter of
some little doubt, in fact there have
been people unkind enough to say that
on her merits as an actress the Jersey
Lily couldn't earn enough to keep her
self in hair pins. 1t is possible that
some of her diamonds could be traced
to the Prince of Wales, Freddie Geb-
hardt or Squire Abingdon, but it is
rumored thatmost of them came from
a new admirer of Langtry, Antonio
Terry, the Cuban millionaire. The CAV
and festive Lily is evidently making
hay while the sun shines. It's a-queer
commentary on modern morals that
Mrs Langtry should draw crowded
houses.
The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1895-03-26
"CYCLONE" NELSON'S WINGS.
Ihats the News at Livingston Concern
ing a Howling Terror.

That's the News at Livingston Concern.
ing HowlIng Terror,
Special Dispatch to the Standard
LIVINGSTON, Mont, March 25.-News
reached this city to-day that a band of
masked regulators had wreaked summary
vengeance upon a cattle rustler and claim
jumper OF Reeds Point, flag station on
the Northern Pacific, 81 miles east of Big
Timber. The scene of the whitecap
seance was on a coded strip Of Grow
reservation not far from Reeds Point
and within sight of the place where the
road agents were afterward run to earth
in the FIathead country for holding I'D
the Northern Pacific express two years
ago. That portion of the coded strip has
long been the rendezvous for as tough a
lot of Mexicans and Canadian Frenchmen
as ever stole a steer or jumped a ranch.
For time the acknowledged leader of
the lawiess half breeds was a wild and
woolly individual known as Cyclone ell
son." He used to be "tin-horn" gambler
of this city and since he went to Reeds
Point he has been the bowling terror of
all the surrounding country. After his
arrival at Reeds point the first thing he
did was to jump the ranch of Jack
Dougherty of this city. Dougherty APP
pealed to the Billings district court and
Cyclone" was legally ejccted from the
ranch. He did not leave the vicinity, how
ever, but stayed around and made life
burdensome for the surrounding ranchers
and cattlemen. 1t is said that he and his
half breed associates had a falling out a
few months ago, occasioned by Cyclone"
jumping ranch owned by one of his
Canadian friends. Later the ranch resi-
dence and barn belonging to Lester Hesh
was destroyed by fire and it is alleged
that "Cyclone" applied the torch. About
a month ago Cyclones" former pals or
ganized themselves into vigilance COM
mittee for the purpose of lynching their
recent leader, but before proceeding with
the job they called at the ranch of
Dougherty to secure his assistance.
Dougherty refused TO have anything to |
do with the contemplated lynching and |
the job was put off. Last Saturday night, |
however, the lynching party was |
and it is reported |
that this time Dougherty Joined the |
regulators. Mounted, masked and |
armed to the teeth they surrounded "Cy- |
clones" cabin. Only meager reports have |
been received here concerning the seance. |
The tales told are very conflicting. One
report Is to the effect that "Cyclone"
opened fire and wounded several of his
yould-be lynchers; another account says
he regulators secured Cyclone" after a
bloody hand-to-hand conflict, but that he
rot away before no could be strung up. A
after report from the scene Is to the ef-
Get that Cyclone" was actually lynched
md that his lifeless body is still swing
ng from the limb of a cottonwood tree on
he banks of the Yellowstone. The off,
'ers of Big Timber have been notified.
Warrants have been issued for the arrest
# six or eight suspected persons and
sheriff De Hart and several deputies have
one TO Reeds Point to capture the vigil
lntes.
The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1895-03-26
THE GREAT REGISTER
Three Hundred More Names Added
Yesterday

Three Hundred More Names Added TO 1t
Yesterday.
The great register list grew rapidIv YES
terday, over 800 names being added 10
the roll during the day, swelling the total
to lbs registered voters. The notices
which have been printed are in error i'm
the day of closing, thong the date of the
month Is correct. The Offices state that
the register closes Tuesday, March d
and 1t should be Wednesday, March "a
therefore, there is one day longer than
was supposed aud those who have DELAYED
will have a better chance to get their
names on the list.
Many who have presented themselves
Tor registration have been careless. and
escaped the agents before the process was
complete and therefore their names cam
not be correctly placed on the books.
The Following have sworn to their
citizenship, but failed to give
their addresses, and should call
at the Office and complete the registration
at once: Swan e. Lindberg, Michael
crosby, Matt Name, Oliver Lapier, Frank
Mura, Henry Winterhoff, Paul Schultz.
Alex Murray, Fred Klusman, Hugh Swee-
ney, Charles Highbarger, Pat Barry,
swan Carlson, Thomas Campbell, Gustaf
Anderson, Henry Marovich, John Grim
mons, Nj. Swanson. j. III. Hall, Valentine
King, Pleasant Goode, Charles Olson,
John Dugan. Horace Martin, John Peter
son, Alphonce Tardee, John Harrington,
George 5. Baker.
The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1895-03-26
A Surprise Party.

BUTTE, March pa delightful surprise
party was given Saturday evening at the
residence of c. A. Elvers, the occasion
being Mr.. Elvers' birthday. The evening
was pleasantly passed at cards, inter-
spersed with vocal and instrumental mu-
steal selections. One of those delicious
suppers, for which Mrs. Elvers is famous,
was served at IL o'clock. Those present
we're Mr.. and Mrs. &. Curtis, Mr.. and
Mrs. G. Cross. Mr.. and Mrs. T. Edwards.
u. Hungatc, Miss Laura Hungate, Willie
Hungate, ID. E!vers, Misses Winnie War
rem. Mary Huddleston, Celia HuIdleston,
Cora Dargitz and Roy Elvers.
The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1895-03-26
TICKS FROM THE WIRES.

| DELAwRENCE, Ohio, March PA tornado
| visited tins city and surrounding section last
| night at midnight. unroonng houses uprooting
| trees and demolishing fences The business
block Of w. +. Kruck, on sandusky street, sur.
| fered most. several people were injured but no
fatalities are reported.
| WASHINGTON. March %. Internal Revenue
Collector New Of Denver is here with A. V.
| Quinn OF Arizona, regarding the appointment OF
| the latter to succeed Governor Hughes New
appears to think Quinn will be appointed
WAsHINGToN. March 25.-The president has
appointed Joseph III. Cultivate of Ohio. men,
Der OF the board OF ordnance and Qualifications
vice Byron NJ. Cutcheon. resigned; Julius
Tucker OF Texas, consul at Martinique, West
Indies.
WINNIPEG. March 25-An order OF the do
minion government that relief be given to the
Rf IAN Catholics OF Manitoba by legislation
granting separate schools, has been received by
the legislature. There is no question that the
order will be rejected by the legislature. 1t is
difficult to tell where the matter will end
DOVER, Del, March 25.-Strenuous efforts
are being made to effect a compromise between
the Higgins and Addicks factions. IL is ex-
pected United states senator will be chosen
this week. The ballot to-day resulted: Higgins,
5; Addlcks, 3; Massey 3; Rldgely, 10: Tunnel, 1.
NEW ORLEANS, March 25.-The negroes
went To work on the levee this morning without
military protection. The soldiers are held I'm
armories In case oftrouble
WASHINGTON, March 25-The comptroller OF
the currency has declared dividend of Is per
cent. in favor of the creditors OF the insolyent
First National bank at sundance, Wyo.
NEW YORK. March % 90 1t was announced To-
day that c. T. Huntington. president OF the
southern Pacific, would resurn to California
early In April.
WASHINGTON. March aj.-Paymaster Gen
eral smith Of the army will retire tomorrow ON
account OF age.
NEWPORT. Pa. March % The Newport
Deposit bank, 4. II Milllngton, president and
j. III. Erwin. cashier. failed to open to-day.
The assets are placed at s2G2 400 with liabilities
of SiG029S. IL is believed the deDosi,ors will be
paid in full
ST. LOUIS. March % James 4. Coyle, OF the
hrm OF Ioplc x Sarg mt. agents for an eastern
silk house, fled a suit to-day for n divorce
Coylc charges inhdelity and names Henry w.
Chandler lately president OF the H. W. Chandler
Commission company as correspondent.
FoRr SCoTT. Kan. March -. Six United
states prisoners escaped from jail last night.
Among them BIN West the notorious outlaw.
who deliberately shot anu killed United states
Deputy Marshal Kinney on the street in Miami |
Indian Territory. The others are horse thieves |
and general robbers.
HUTCHINSON, Kan. March 25 The Jury in
the case-of Charles Carson returned a verdict |
this morning OF not guilty Carson was CHARGED |
with killing his wife last Christmas evening M
HE Colorado hotel In Nickerson
BosroN, March - 1t is announced This
AFTERNOON that an agreement between the
Genera. Electric company and the wes:ing.
mousse company has been consummated In This
'ly.
The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1895-03-26
THE BEST IN THE NORTHWEST.
TUESDAY, MARCH %, 1895.

The friends of woman suffrage have
been fooled the past winter all along
the line. As in Montana so the legis-
latures of Massachusetts and Maine
have passed woman suffrage bill in
one branch only to kill it in the other.
1t is just beginning to dawn upon the
disappointed women that this result
was counted on by the house that
voted in favor of the measure. The
legislature of New York has done the
same thing any number of times. 1t
is an old trick and the women don't
like il.
The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1895-03-26
7 o You
The Most important

Matter demanding attention at this
season is the condition of your blood.
Your health depends upon it, for as
the quality and quantity of the blood
vary, you are better or worse.
The blood conveys all the elements
whichg go to make up the organs, nerves
and tissues of the body, and carries
away all dissolved, useless material.
Every bone, muscle nerve and tissue,
lives upon what the blood feeds to it.
The whole world knows that Hoods
Sarsaparilla is the standard remedy
for making pure blood.
1t possesses merit peculiar to itself
and by which it effects marvellous
cures even when other preparations
fail. When you buy your spring medi-
cine get the best, and that is
The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1895-03-26
The Democratic Ticket.

| The denomination of Mayor Thorn.
ton by the democratic city convention
OF Anaconda yesterday was deserved
honor to the city's chief executive.
The administration Of Mayor Thorn
ton has been clean, honest, able, con
servative, economical. No citizen has
had the best interests of the city more
earnestly at heart; no citizen has
watched over Anaconda's welfare dur
ing the exciting times of the past two
years more carefully, or striven more
zealously, laboriously and increasingly
for Anaconda's promotion and devel-
opment The administration of Mayor
Thornton has been all that the most
critical could demand. The unfortu-
nate smallpox epidemic of the sum-
mer OF 1893 was very trying episode,
but Mayor Thornton was equal to the
emergency, and the more the facts in
relation to that epidemic are known
the more credit must be accorded to
the mayors cool head and sagacious
counsels. In every situation that has
arisen, and some of them have been
complicated and critical enough, Mr..
Thornton has demonstrated his thor
ough fitness for the office. Under his
inspection the city's finances have
been carefully and judiciously han
died. Not dollar.has been wasted or
misspent. The figures speak for
themselves. Mr. Thornton is busi-
ness man; his ability and personal in
tegrity are universally recognized and
admired. The people know him, they
like him and they will elect him.
The other candidates on the demo-
cratic ticket are gentlemen of known
worth. Colonel O'Leary, the candi-
date for city attorneyship, is a first
rate lawyer, an old soldier, ripe
scholar, man of large heart and
of noble and generous impulses. As
an attorney his experience has been
abundant and varied, and in his hands
the city's legal affairs may be en-
trusted with the certainty with they
will be attended to wisely and well.
Judge Fitzgerald, the candidate for
police magistrate, has already had ex-
perlence in that office, giving thorough |
lie also served this city |
most acceptably in the legislative as
sembly of 1893. His record is abso-
Iutely unimpeachable. Judge Fitz-
gerald is as honest as the day is long
aud the community holds him in the
very highest respect
For city treasurer, John Delury was
as he has been for years
whenever his term of Office was TO
expire. No higher compliment could
'e paid to Mr.. Delury than the fact
hat the other political parties make
10 nominations against him. The
'ldermanic candidates put in nomina.
ion by the democratic convention
re men well calculated to serve their
espective constituencies with dis
inguished ability, and altogether the
icket is clean, honest and popular.
The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1895-03-26

effected and crimes against the honor
ofwoman com nitted through the sans
agency. In the face of these facts it
IS not to be. wondered at that women
begin to feel concerned in the matter.
1t was agreed by the New York women
that the wisest course for women was
to refuse absolute to take any part in
hypnotic experiments and to resist
every attempt to subject them to hyp-
motto influence.
The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1895-03-26

hEH WEST, Fla, March "a passen-
ger from Havana, just arrived, saws only
10y prompt action Captain G. General Calico
avoided an uprising IN Havana. After the
imprisonment OF Gomez, the negro leader.
his sympaihizers worked up scheme TO
attack the palace on Friday night. The
government learned of the plot. guards
we're quadrup.ed, 100 soldiers stationed
inside the palace and the city patrol hcay-
iiy increased. Tho negroes, hearing of
these precautions, gave up the scheme.
The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1895-03-26

The Massachusetts, legislature did a
bold thing when it appointed a negro
as one OF the members of the COM
mittee chosen TO investigate cotton
manufacture in George and North
and South Carolina. The negro was
on the friendllest terms with the other
members of the committee and no
trouble was experienced until the
South was reached when it was found
that the hotels were not opened 10 the
negro This difficulty was avoided by
the man sending word 10 each town
which 1t was proposed TO visit. so that
leading negroes undertook the pleas
ant duty OF entertaining the man who
had honored their race by rising 10
The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1895-03-26
To Weak Men.

We will send YOU FREE the formula OF the
celebrated Turkish specialist Professor Zen
HiTsh keDe, VINO for IN tny ye+ RS was Physician
EXtraordinfy TO His sublime Highnsss the Sui
tan OF Turkey. This is the same formula as
used by tine late Professor Iicord OF Paris aud
is now being used daily with tIe mos. wonder
ful results in ouc own practice.
YOU will he astonished at the marvellous
change In your condition in ten days time.
Ii will positively remove Varicocele,
strengthen weak organs check and cure all
unnatural drains and losses PrOstatOr-
rhoea. caused BY youthful errors or indis-
cretion 10 later life. Nothing will compare
with this formula for restoring Lost Man.
hood.
And your entire system will be rebuilt and
rejuvenatei und n it, wonderful influence
IL can be filed in any good dug store and
nothing VIII BE- sent you &. q. ID All We ask In
return for this is 10 cents in stamps. AMI, II
convent mt. the name and address OF one inva-
lid, ether IN an or woman. Your name Will not
he mentioned. II desired. we will fill It OF best
ingvedl .nts for Sl.l5. including postage and
formula; viii last forty days and most posi-
lively cure any case
German and English Physicians.
0ctayia and Suffer SITS. san Francisco. Cal
Please mention Standard in writing.
The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1895-03-26

One of til Q candidates on Amazon.
das republican ticket is out in a card
In which he asserts that he Is not a
member of the A. Il. A. The fact re-
mains, however, that the republican
city convention was called by the local
leader of the a. p. A. on the same
night on which the A. p. A. lodge
meets; that the A. L. AS were IN con-
troll OF the convention; that knowing
that 1t was to be packed with A. r.
AS many prominent republicans re-
fused absolutely to attend the con-
vention; that all the nominations
were made 10 suit the A. =. A. S there
In convention assembled; and that
this manner of doing business has
given offense TO the great body of the
republican party, which is vigorously
opposed TO the a. L. A. Should the
ticket nominated by them win, the A.
L. As will call it their victory. And
1t Is reasonable TO assume that a man
who is nominated and elected by a
certain element will feel under deep
and lasting obligations to that ele-
ment as long as he remains in Office.
whether or not he is bound to it by
solemn oaths and fraternal ties.
The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1895-03-26

At a meeting of the New York Pro
fessional Women's league last week.
the principal subject of discussion was
hypnotism and what women ought TO
do about H. one man IS under sem.
tence of death for having 10y hypnotic
influence compelled another man TO
commit murder, and the criminal courts
have been obliged to take cognlzInce
OF marriages alleged 10 have been