davidaulloa/AmericanStories huggingface dataset:
The copper country evening news. [volume] (Calumet, Mich.) 18??-1907, 1896-12-15
Think Cunningham Is "OG."

Cleveland, Dec. 15.-Charles N. Cum
bingham, president of the Warwick
Electric Manufacturing company, for
whom a warrant was issued on Satur-
day charging him with forging the
name of Judge j.. Il. Hamilton to a
check for $4,000, was taken into GUS
tody at his office in the Beckman build
ing Monday. He positively refused to
make any statement whatever concern
ing the matter. Many persons believe
that Cunningham's mind has become
unbalanced over business troubles.
The copper country evening news. [volume] (Calumet, Mich.) 18??-1907, 1896-12-15
House Proceedings.
NEW ARBITRATION TREATY.
Negotiations with Great Britain VIII Re-
Completed I'm Three Weeks.

negotiations with Great Britain VIII he
Completed I'm Three Weeks.
Washington, Dec. 15-The nerotia-
lions between the United States and
Great Britain for treaty OF general
arbitration, covering all subjects of
difference between the two English
speaking nations. present and prospect
i've, has advanced to stage of COM
pleteness far beyond that which the
public has had reason to expect. The
purpose of Secretary Olney and Sir
Julien Pauncefote is to conclude the no
gotiations within the next three weeks
All the substantial features of the
treaty have been agreed on. and from
the present status Of the negotiations n
Is believed the following will be the i'm
portant terms Of the treaty:
i. A term of five years from date of
the exchange of ratification Within
which the treaty shall be operative
e A court of arbitration of six mem-
bers, three to be drawn from the An.
dietary OF the United States and three
from the judiciary of Great Britain.
3. The submission to this tribunal ~
all differences between the two nation.
now pending or to arise within the No
ROD OF five years, this not to inc,uda
the Boring sea question or the vena-,,
ella question, now before independent
commissions, but to include the ouess
tion or the boundary between AIasLa
ana British North America.
The copper country evening news. [volume] (Calumet, Mich.) 18??-1907, 1896-12-15

better, and after using three bottles, was
up and about again. 1t is worth it's
weight in gold. We won't keep store or
house without it," Get a free trial at
D. 7. Macdonald's drug store.
The copper country evening news. [volume] (Calumet, Mich.) 18??-1907, 1896-12-15

Through an oversight the notice of the
payment OF the liquor tax OF Kniye
* Schroeder was omitted in the report of
County Treasurer Frimodig, published
yesterday. The tax was paid in Nav.
The copper country evening news. [volume] (Calumet, Mich.) 18??-1907, 1896-12-15

The correct score OF the English-Amer-
lean and Columbian bowling match was
339 to 322. figure three for a two
made difference of ten points in the
score as published yesterday.
The copper country evening news. [volume] (Calumet, Mich.) 18??-1907, 1896-12-15
At the Armory Tonight.

The Fifth Regiment band will be 10 at
tendance at the Y. NJ. G. A. fair tonight,
and two basket ball games, be-
tween the Red Jackets, Black Hills and
Tamaracks, will be played. Everybody
come. Admission, 10cents. Members OF
the Lake Linden and Hancock associa-
tions are cordially invited.
The copper country evening news. [volume] (Calumet, Mich.) 18??-1907, 1896-12-15

The funeral of the late Peter Andre
will be held tomorrow morning at $50,
and members of the German Aid society
who are to attend are requested by the
president to be at the lodge room at 0
O'Clock prompt.
The copper country evening news. [volume] (Calumet, Mich.) 18??-1907, 1896-12-15
To North Pole by Balloon

Paris, Dec. 15.-Godart and Surcauf.
the aeronauts, are about to organize a
balloon expedition to the north pole.
They state that the idea was first sug-
gested to them some three years ago by
Walter Wellman, American Journalist
put the idea was given up owing to the
attempt Of Professor Andree.
The copper country evening news. [volume] (Calumet, Mich.) 18??-1907, 1896-12-15
Trial of Albert Franz.

Dayton. o., Dec. 15.-The trial OF AL
bert j. Franz for the murder of Bessie
Little, his sweetheart, whose badly de-
composed body was found in the Still
water river. a branch of the Miami, in
this city on Sept. 2 last, was COM
menced Monday. The whole morning
and most of the afternoon was taken up
with the empaneing of a jury. Great
interest is taken in the case which riv-
ais the Pearl Bryan murder in it's atroc-
w
The copper country evening news. [volume] (Calumet, Mich.) 18??-1907, 1896-12-15

The children OF the Kearsarge public
schools are preparing for Christmas ex-
ercises at the school next Friday, to
which all the friends and parents of the
pupils are INVITED. A special choral SER
vice will be held Sunday.
The copper country evening news. [volume] (Calumet, Mich.) 18??-1907, 1896-12-15

Reserved seats may now be secured at
Fichtelsdrug store for DIR. James Hedey's
lecture, what Is Man WORTH" next
Monday evening, the second number of
the Y. M. c. A. Star course. General ad-
mission, 80 cents; no extra charge for re-
served seats.
The copper country evening news. [volume] (Calumet, Mich.) 18??-1907, 1896-12-15
student Kills Himself.

Nashville, Tenn. Dec. 15.-Sterling
w. Turner, of the junior class of Van
derbilt university. committed suicide
by cutting his throat with razor.
TURNER was % years old, president of
the university Young Mems Christian
association. lived at Wartrace, Tenn.
and was suffering from the effects of
OVerstudv
The copper country evening news. [volume] (Calumet, Mich.) 18??-1907, 1896-12-15

Renew your Ladies' Home journal
with Nj. l.. O'Brien. Also all other news
papers and magazines. Satisfaction
guaranteed.
The copper country evening news. [volume] (Calumet, Mich.) 18??-1907, 1896-12-15
RIR rHR.

BEkG-On the 18th inst, the wife of Mr.
Oscar Berg, of n son. - w.
CHINN-On the 14th inst :, the wife of Mr.
William H. Chinn, of a daughter.
the 18th inst. the wife .,
Mr.. Peter Zunich, OF son.
The copper country evening news. [volume] (Calumet, Mich.) 18??-1907, 1896-12-15

When in need of winter jacket or cape
go right to headquarters and buy the
latest style. Always on hand at Hos.
king 4 Co.'S.
The copper country evening news. [volume] (Calumet, Mich.) 18??-1907, 1896-12-15

f. II. White, representative Of Kub,es
q Stock cigarmakers of st. Paul, is in
town.
The copper country evening news. [volume] (Calumet, Mich.) 18??-1907, 1896-12-15
Attempted Murder and suicide.

Detroit, Dec. 15.-Ernest Chase son
of DR.. Chase of Recipe book fame, cut
his wife's and his own throat badly
Monday morning in an insane attempt
at murder and suicide. Physicians
think that both have a good chance of
recovery. Chase had been dsspating
badly
The copper country evening news. [volume] (Calumet, Mich.) 18??-1907, 1896-12-15

John Coppo, who has been spending
the past ten days with friends and rela.
tlves here, left at noon for his home in
Butte, Mont.
The copper country evening news. [volume] (Calumet, Mich.) 18??-1907, 1896-12-15

Miss Bessie North, of Lake Linnen. via.
ited friends in the city last week. the
guest OF Miss Bessie Phillips, of RockIand
street
The copper country evening news. [volume] (Calumet, Mich.) 18??-1907, 1896-12-15

D. Randolph Beaumont, of the R. Hyde
company, manufacturers of surgical in
struments, is IN town on business.
The copper country evening news. [volume] (Calumet, Mich.) 18??-1907, 1896-12-15
m MARRIAGES..

ClNNA-NEPOTE-On the 18th INST. at
Justice Curtis Office, by hi. honor, Miss
Theresa NepOte to Mr.. Valentine China
The copper country evening news. [volume] (Calumet, Mich.) 18??-1907, 1896-12-15

- OLSON. THE UNDERTAKER
Ne Practical Embalmer and Funeral Direc
gor. established In 1875 Scott street. Red
promutlv attended to. e"' WILLS
The copper country evening news. [volume] (Calumet, Mich.) 18??-1907, 1896-12-15

WANTED-A girl to do general bouse-
work. Apply to George Greek, 3l2
Front street.
The copper country evening news. [volume] (Calumet, Mich.) 18??-1907, 1896-12-15

Winslow's ankle brace is just the thing
ior Ice skating. They can b +. attached TO
any skate. See cut in another column
The copper country evening news. [volume] (Calumet, Mich.) 18??-1907, 1896-12-15

Fred Luke. of the Osceola, who went
west some time ago intending to locate
permanently there, has returned to this
city.
The copper country evening news. [volume] (Calumet, Mich.) 18??-1907, 1896-12-15
Skees.

Just received fine assortment of Nor
weglan skees. Just the thing to give
your friend for Christmas present.
s. OLSON,
The copper country evening news. [volume] (Calumet, Mich.) 18??-1907, 1896-12-15
New hooks.

The book store in the Sauer building ia
receiving new books daily. suitable for
holiday presents.
The copper country evening news. [volume] (Calumet, Mich.) 18??-1907, 1896-12-15

What would papa like for Christmas?
Nothing would please him better than a
box OF those fine Ben Hur cigars.
The copper country evening news. [volume] (Calumet, Mich.) 18??-1907, 1896-12-15

hosAing d 10. have just received an.
other lot OF ladies' and misses winter
jackets. They will be sold very cbean
The copper country evening news. [volume] (Calumet, Mich.) 18??-1907, 1896-12-15

Mr. woodward tuned over 100 pianos
curing his lost trip IN Houghton county.
in spite OF the competition of rival tuners
The copper country evening news. [volume] (Calumet, Mich.) 18??-1907, 1896-12-15

Auction each afternoon and evening NJ
the book store, Sauer block.
The copper country evening news. [volume] (Calumet, Mich.) 18??-1907, 1896-12-15

Ladies' fur capes and jackets. Of a.,
styles, at hosking & Co.'S.
The copper country evening news. [volume] (Calumet, Mich.) 18??-1907, 1896-12-15
Hearings on the TariH.

washington, Dec. 15.-The WAYS ara
means committee of the house has da-
cided to begin hearings on the tar,r
weeks. '"e tarin
The copper country evening news. [volume] (Calumet, Mich.) 18??-1907, 1896-12-15
LODGE MEETINGs.

There will be a meeting NJ Ca,rro.
Lodge, No 271, +. and A. M. tb,s ouau
ing at 1870 tn make arrapgemenns ~ ~
tend the funeral of Brother Brelsford
Special notice is hereby given that tho
members OF the Martha Lodge. No. 4
". u. ID. B., are requested to be nresant
at Iheir next meeting on December ~
at p. m. By order
W. MUNICH, Sec.
Inc Junior Temple OF Honor and Tam
perance ia to meet on next Tbursdar
evening. December II, when full attsns
dance is requested. 49," "'''n-
BY order.
GRAND ARcHoN.
lhere will he regular meeting NJ fol,
met Lodge, No. 134, |. o. o. r on nar.
iuesday evening, December Is. WorL =,
the third degree. large Attendance =, -
earnestly requested. ''"'e ~
mere will be regular animal moo.;
vi Calumet Lodge, No. 271. +. and ny
at GOV p, IN. Thursday evening Doca, ~
oer IL ior the election of officers
LwKu, JOHN MERTON, W. M.
regular meeting OF Charity J.odoo A..
IoI, n. OF F.. this Tuesday, evon S;e, 70.
payment OF dues and other i imnnret. ,or
business. j. A. MAcAUIEy r. I T
+. d. ScHUMAKER, M. of s. " "
Hecla Lodge. No on
nave work in the inItiatory decrs.' WI VIII
requested. penuapce is
httention. Sir Knights
special meeting OF Montrose Co.,
lh;. Ger is called at the asylum at G 7.an
.sss " ,oesoay) evening to make the no. no.
unersl S ~ sin for attending the
which vii =; pr ~ Knight Roland II. Bresford
CLOCK wednesday afternoon. 'o" a'1
H' q. Brown, Recorder. '' T. u
The copper country evening news. [volume] (Calumet, Mich.) 18??-1907, 1896-12-15

~ Socret societies and Others wish.
ing to Rent a Lodge Room.
Inc Temple OF Honor lodge room il
vacant on Wednesday and FRIDAY even.
'ngs OF each week. Parties desiring TO
rent the same may apply by letter to the
Union Temple OF Honor and Temperance,
NO. 40, Calumet. Mich. Secretary's ad.
dress. 2O29 Calumet street.
The Best We Have.
Insist on getting q LA Emprossou
lucent cigar. All first-class dealers so,,
tnem' try 'em. like 'em. Equal to I'm.
ported
The copper country evening news. [volume] (Calumet, Mich.) 18??-1907, 1896-12-15

mere viii ne regular meeting OF Cain.
m net Lodge, No. 134, 1. o. o. f., on newt
a. l,uesday evening, December Is. WorL in !,
one miro degree. A large attendance 70
The copper country evening news. [volume] (Calumet, Mich.) 18??-1907, 1896-12-15

There will be a meeting of Calumet
Lodge, No 271, +. and A. NJ, this even
ing at 1880 to make arrangements IN M :
tend the funeral OF Brother Brelsford.
The record-union., 1896-12-12

donated within the said ten years. then
the bonds authorized to be issued by
this Act shall be good and valid claims
against the State, and shall be paid out
of any money in the treasury not other
wise appropriated, to pay the expenses
of the expeditions mentioned in this
Act"
Counsel on both sides agree that the
liability of the State here assumed was
contingent upon the failure of the
United States Government to appropri-
ate within ten years an amount suffi-
cient for the payment of the Indian war
bonds and interest thereon.
On August 5, 1854. Congress made
an appropriation of 1924 80 65 to pay
the expenses incurred by California for
the suppression of Indian hostilities,
prior to the 1st day of January. 1904.
Besides the bonds authorized by the Act
of May 3, 1852, there had been issued
by the State Indian war bonds to the
amount of 100000, under an Act of the
Legislature approved February 10,
1851.
The third section of the Act of Con-
gress is as follows:
And be it further enacted that the
Secretary of War be and he is hereby
authorized and directed to examine into
and ascertain the amount of expenses
incurred and now actually paid by the
State of California in the suppression
of Indian hostilities within the said
State prior to the 1st day of January,
A. D. 1854, and that the amount of
such expenses, when so ascertained be
paid into the treasury of said State
provided that the sum SO paid shall not
exceed in amount the sum of S924,
2o9 TO, which amount is hereby appro-
priated out of any moneys in the treas
ury not otherwise appropriated
By this Act the Government, in sub
stance, said it would pay the Indian
war expenses paid or incurred prior to
the 1st of January, 1854, to the amount
which must then have been an esti-
mated amount-of 1924, 2o9 65. The
Government for reasons not necessary
here to mention, made no payments
pursuant to the Act of August 3, 1854.
On August Is, 1856, Congress passed
another Act which removed the diff
culties which had obstructed action un-
der the Act of 1854.
Under these two Acts the Government
on or about September l, 1856, paid out
of the said appropriation of S924,239 60
on bonds issued prior and coupons ma
turing on and prior to January l, 1854,
the sum of $914, ,071 OF, leaving an unex-
pended balance in the United States
treasury of $40, 1873 63. This unexpended
balance after two years lapsed into the
surplus fund of the United State treas
ury, and Congress, by an Act of June %,
1860, appropriated said unexpended bal
ance to the payment of any outstand
ing bonds and coupons issued by the
State for said war debt prior to the 9Th
of August 1854, and subsequent to the
1st day Of January, 1854. This Act did
The record-union., 1896-12-12
$4,000 90
4s.5OO on
15,S43 3:
,1,1SO,343 80
924,259 6a
15.843 8:

Deficiency ............... 206, ,OS3 81
The conclusion is inevitable that the
State is not relieved from it's obliga-
ton by the happening of the event, and
the only event which could effect that
end, namely, the appropriation by Con-
gress of a sufficient amount to dis
charge the obligation.
.. 1t appears that coupons No. 3 de-
tached from bonds numbered 3, 10, IL.
II and 13, for $40 each, amounting to
1880, sued ON In this case, were the
same coupons included in the suit for a
writ of mandate in the case Of Sawyer
vs.. Colgan, 1O2 Cal. 2S3, and it is
claimed that the decision in that case
bars recovery upon said coupons in
this case
Refs, the plaintiff, is the successor in
interest of Sawyer, who was the petit
toner in the Colgan case, and Colgan
was sued in his official capacity as the
representative of the State. It was ad-
mitted in that case that there was suf-
ficient money In the State Treasury ap-
plicable to the payment of the demands,
and If the State actually owed the
money demanded it would have fol-
lowed that it was the duty Of the Con-
trOller to draw his warrant for the
same, but it was decided that the State
did not owe the money called for by
the coupons above designated. The ex-
act question as to these specified cou-
pons which arises in this case was there
litigated and determined
AS to whether that case was in effect
hc. toe iS
fully discussed in the briefs Of counsel,
wherein many authorities are cited. My
conclusion is that a recovery upon the
five coupons mentioned is barred by the
final Judgment in Sawyer VS.. Colgan.
but that the question as to the liability
of the State in this action is res adjudi-
Gated only as to said five coupons.
In the Colgan case it was assumed.
both in the court below and in the Su
rreme Court, that the Congressional
appropriation was applicable to the
whole debt, and sufficient in amount to
pay the whole debt The facts in evil
dence In this case showing that the ap-
preparation was insufficient did not ap-
pear in that case.
4. With regard to coupon No. 2 Of
bond No. 33, which was for interest for
the year 1858, hold that it stands in
the same relation as the coupons ma
turing after 1st January, 1854, as a
lawful demand against the State by
reason of the insufficiency of the Fed
eral appropriation.
5. The question Of interest upon the
overdue coupons is controlled by the
decision in Molineaux vs. State, 100
Cal. 31S, and such interest is not re-
coverable.
q. The letter Of John Mullan, with the
list of the names of the persons to
whom the bonds were originally issued,
and the names of the persons to whom
the detached coupons were returned, I
hold to be immaterial and irrelevant,
and the objection thereto upon said
grounds is sustained.
Z. The plaintiff is entitled to judg-
ment for the amount Of the coupons
described in the complaint, except the
coupons No. 3, from bonds Nos 3, 10,
II, II and 13.
0Arr
The record-union., 1896-12-12
INDIAN WAR BOND COUPONS.
Judge Catlin'S Decision Concerning
Them.
The State is Liable for the Payment
of All Except Speci-
fled Few.

Judge Catlin yesterday rendered a
decision in a case that goes back al
most to the beginning of the history Oh
California as a State, and which mas
come up in the courts again and again.
The text of his decision is as follows:
In the Superior Court of Sacramento
County, California-John 0. Refs, plain
tiff, VS.. State of California, defendant.
A private citizen sues the State in
this case by virtue of the authority
given by the Act of the Legislature ap-
proved February %, 1898, which pro-
vides that "all persons who have or shall
hereafter have claims on contract or
for negligence against the State not al
lowed by the Board of Examiners are
hereby authorized" etc.
The question, therefore, between these
parties-it not being an action for dam
ages for negligence-is the ordinary one
arising between debtor and creditor on
contract
The plaintiff is the owner and holder
of what are known as interest coupons,
of the face value in all to the amount
of $33 ,902 II. They were detached from
bonds of the State issued under the Act
of the Legislature approved May 3,
iCJ-S III pay VI Lie cAptIiSS VI vi
tain military expeditions authorized by
the State against the Indians"
The bonds were all issued prior to the
1st day of January, 1854, and the cou-
pons in suit all matured subsequent to
that date except the coupon No. 2, de-
tached from bond No. 33, which ma
tured on that day.
The first section of the Act of May 3,
1852, under which these bonds were is
sued, is as follows: "a sum not exceed
ing six hundred thousand dollars is
hereby appropriated and set aside as an
additional war fund, payable in ten
years out of any moneys which may be
appropriated by Congress to defray the
expenses incurred by the State of Cali
fornia, and interest thereon at the rate
of per cent. per annum, in the sup
preston of Indian hostilities, or out of
the proceeds of the sale of any public
lands which may be donated or set
aside by Congress for that purpose, and
should no such appropriation or dona-
tion be made, or if an amount suf-
ficient should not be appropriated or
The record-union., 1896-12-12
SUPREME COURT DECISIONS.
SYLLABI.
SYLLABI.
Grim, No. 16S-In Bank-Filed De-
cember 9, 1860

LL<AD1.
(Crim., No. 16S-In Bank-Filed De-
cember 9, 1860
The People; Dennis Mccarthy, appel
liant. Affirmed. Temple, j., dissenting.
In receiving testimony upon the men
tai condition of defendant, in passing
upon the sufficiency Of the evidence to
show that degree of intimacy which
would render a witness competent, the
trial Judge is to be accorded wide dis
cretion and latitude, and his ruling will
not be disturbed except where the evil
dence is SO lacking as to leave no just
room for question that the discretion
has been improperly exercised.
The court instructed as follows: you
are not to consider whether or not the
defendant is insane at the present mo-
ment, but you are to consider him as
now sane. person charged with
crime cannot be legally tried for such
crime unless he be sane at the time of
the trial. The defendant has present
ed the issue to you that at the very
time of the alleged commission of the
homicide he was insane. The burden
Of proving his insanity at that time
rests upon him, because the law pre-
sumes he was then same" Held, that
such instruction affects no substantial
right of the defendant, no question hav.
ing been made or issue submitted as to
his sanity at the time of the trial.
Error must be shown, and where the
record is silent as to the fact, an in
struction will not be held erroneous
unless it would be SO held under any
&C nceivable state of the case.
Whatever may be correctly stated by
counsel in argument to the Judges as
legal guide to facilitate their deliber-
ations must necessarily be held proper
matter for instruction by the Judge,
since the latter is the source from which
the jury are to receive their guidance
in the law.
1t is as much the duty of the Judge in
his charge to protect the jury against
being misled by improper or misleading
statements or claims made in the ar
gument, as to the law which should
govern them, as it is to correctly state
the affirmative propositions of law aris-
ing upon the evidence.
The record-union., 1896-12-12

A marriage brokerage contract is in
valid, as being contrary to public pol
icy, and services rendered under such
contract are without legal consideration
and are incapable of forming the foun-
dation Of an action for their recovery.
There Is no difference in principle
between services rendered in inducing
one Of the parties to an agreement for
marriage to carry it into effect, If he
has once been disposed to abandon 1t,
and those rendered for the purpose Of
inducing one to marry another whom
he did not previously know.