davidaulloa/AmericanStories huggingface dataset:
Scranton Wochenblatt. [volume] (Scranton, Pa.) 1865-1918, 1896-03-13

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Scranton Wochenblatt. [volume] (Scranton, Pa.) 1865-1918, 1896-03-13
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The record-union., 1896-12-27
(No. 1S,390-In Bank-Filed December
1S, 1860

Hugheson ct al, appellants: Crane
respondent. Action to restrain collector
of irrigation district from selling land
in satisfaction of delinquent assess
ment. Order dissolving injunction and
judgment in favor of defendant re-
versed.
Sections -, 16 and ~ of the Irrigation
Act provide for the purchase and dis
position by the directors of the bonds of
the district. The only mode in which
they can exercise their power of dis
posing of the bonds 50 that they may
become valid obligations against the
district is either to exchange them for
property at their par value or to sell
them for money in the open market, un
der the restrictions and limitations
given in Section 16, at not less than 80
per cent. of their face value. The eX
press provision giving to the board
power to exchange them for certain
property at their par value excludes the
right of the board to exchange them for
any other purpose. or to dispose of them
in any other manner than by the sale
authorized by Section 16.
Under the Irrigation Act, the direct
ors of a district have no authority to
levy an assessment for the payment of
the expenditures authorized by Section
81, without a previous approval of the
voters of the district at an election held
for that purpose. Nor have they au
thority to appropriate the bonds (which
the electors have voted to issue for the
construction of the irrigation works to
the payment of salaries, or expenditures
incurred in the management of the
property.
The Irrigation Act is framed upon the
theory and with the intention on the
part of the Legislature that the affairs
of the district shall be conducted on
ready-money basis, and not upon credit.
Although the levying of an assess
ment is an act of Legislative character,
yet the Board of Directors is not clothed
with the supremacy of the Legislature
in this respect, but is in the exercise of
a delegated power, and subject to con-
troll by the judiciary if it steps beyond
the limits of the power conferred upon
it, AS the assessment can be levied
for the payment of only the interest
upon the outstanding bonds, the prop
crty owner has the right to show that
there are no outstanding bonds upon
which there is interest to be paid, or
that the amount of the assessment is
not within any reasonable estimate of
that interest
The record-union., 1896-12-27
BIG COUNTERFEITING DEN
Unearthed by the Police at Pueblo,
Colorado.

PUEBLO (Col), Dec. 26.-At late
hour last night the police of this city un-
earthed one of the largest and most
thoroughly equipped counterfeiters'
dens ever discovered in this section of
the country.
Captain McFarrans' informant stated
that H. Chargilion, proprietor of large
secondhand store, and the most promi-
nent Italian in Pueblo. had offered him
$4,000 in gold coin for 81 1000 in good
money. Acting on the information, the
police visited 412 Mesa avenue, the
house in which the unlawful work was
said to be progressing. AS the officers
and opened fire on the policemen, who
returned shot for shot, without effect.
The two men escaped, but the policemen
arrested Charles Narrow and wife and
Zelius Zelist, whom they found occupy
ing the house.
On making a search of the cellar a
complete counterfeiting outfit was re-
vealed, together with evidence that work
was being conducted on an extensive
scale.
The officers then proceeded to Char
gilions store and arrested him. The
gilion has always borne a good reputa-
ton, and but a few weeks ago was
elected President of the Italian Societies
of America at their convention held at
Chicago
The record-union., 1896-12-27
TO-DAY'S COURSING.
No Danger of the Ground Being Too
Hard.

There Will be no danger of the dogs
lnjuring their feet by running over hard
ground at Agricultural Park to-day
Sixteen of the best dogs in this vicinity
have been entered for the special club
stake. HI. II. Devine has given such
perfect satisfaction as judge that his
services cannot be dispensed with and
he Will be in the saddle. William
ONeil will handle the slips
After the race for dogs owned by club
members there will be one open to all
dogs. For the former the doge have
been drawn to run as follows:
M. H. Sheehan's Iroquois against j.
Nethercott's Moonlight
j. Corcoran's Pride of Arizona against
j. Epoch's Prince
S. A. Cummings Little Delight
against J. Nethercott's Little Wonder
p. Steigler's Dynamite against A.
Harbinson'S S Little Hoodoo.
w. Roughts Faster and Faster
against Ed Walsh's Glover Leaf.
c. NJ. Griffith's Susie against joseph
Keliys Jack
j. Netherc0tt's urest Queen against
James Dufli[ = Combination.
:. y. rummings' Defender against
+. W .sheehan's Governor Markham.
The record-union., 1896-12-27
CAPTAIN SWASEY DEAD.
Was a Notable Figure Among Pio'
neers of California.

SAN FRANCISCO, Dec. 26.-Captain
William F. Swasey, for many years a
notable figure among the pioneers of
California, died suddenly of heart dis
ease yesterday afternoon.
He was IS years of age, but until the
last few days had apparently been in
vigorous health, and his death was,
therefore, a great shock to his relatives
and friends.
Captain Swasey was the author of a
book entitled EARLY Days in Califor-
Lila, which is generally considered as
a valuable and trustworthy historical
work. He was certainly we'll fitted to
write it, having arrived in the State
in September, 1916, at the head of the
Swasey-Ide expedition, one of the very
first parties to make the trip across the
plains to California. In the early days
he served on General FremontS staff,
and was afterWard United States Mar
shall Of California up to the time of the
admission of the Territory as a State.
He witnessed the raising of the Amer
ican flag at Monterey.
On the outbreak of the war he enlisted
in a California regiment and served un-
til the surrender, attaining the rank of
Captain.
For many years Captain Swasey
busted himself with the duties of Notary
Public and real estate agent, but of
late he had practically retired from
business. He leaves a widow and four
children, all of whom reside at 263 Oc-
tavia street. The Pioneers will have
charge of his funeral, which is to take
place tomorrow.
The record-union., 1896-12-27
Two Petitions Filed-One for Santa
Monica and One for San Pedro.
The California Glue Works, Located at
San Francisco, Destroyed by Fire
This Sunday Morning, and the
Night WatChman Believed to Have
PeriShed in the Flames.

LOS ANGELES, Dec. 26.-The first
witness heard by the Deep-Sea Harbor
Commission this morning was Thomas
Stovall of Long Beach, who testified
concerning the direction of currents as
indicated by floating jetsam picked up
in the harbor.
Captain Alexander Smith of San Pc
dro as also heard on the same subject.
j. w. Davis of San Pedro told of an
unsuccessful attempt to land a crew
aboard ship off the Long Wharf in
1895.
President Patterson of the Los An
geleS Chamber of Commerce filed petit
tion representing SO, 100000 capital in
favor of San Pedro and similar petit
tion in behalf of Pomona and Redlands
in favor of Santa Monica.
Robert Moore, civil engineer of ST.
Louis, representing the Terminal inter
ests, read a statement purporting to
show why the proposed harbor should
be located at San Pedro and not at
Santa Monica, after which the commits
sion adjourned until Monday.
The record-union., 1896-12-27
LATE CAPTAIN LEMON.
His Remains Temporarily Deposited
i'm the John A. Logan Tomb.

WASHINGTON, Dec. 2G.-The fun
eral of the late Captain George E. Lem
on took place this afternoon from the
New York avenue Presbyterian Church.
Rev. Wallace Radcliffe pastor of the
church, ofiiciated. John A Rawlins
Post G. A. r., and members of the
Loyal Legion, with both of which Cap
tain Lemon was connected, attended the
services and accompanied the remains
to the tomb Of the late General John A.
Logan in Rock Greek Cemetery, where
the body was temporarily deposited.
BY permission of General Stanley
Governor of the Soldiers Home. the
cortege passed through the National
Soldiers Home. and the old veterans
paid their tribute to former conrade
The record-union., 1896-12-27
MINERS ASSOCIATION.
Call Issued for a neeting of the Ex.
ecutive Committee.

SAN FRANCISCO, Dec 26-Presi-
dent Jacob II. Neff of the California
Miners Association has issued call for
a meeting of the Executive Committee
on Wednesday night at the Palace Ho-
tel
The association is anxious that Con-
gress shall pass the mineral lands bill.
because that measure seems to be the
most reasonable and efficient means of
protecting the mineral lands of Cali
fcrnia from being patented as agricult-
ural land. A memorial on the subject
will be drafted and sent to all the mem
bers of Congress.
Julian Sonntag. S. X. Thornton and
Charles Yale. as a special committee,
have been agitating the creation Of a
new Cabinet position to be known as
Secretary of Mines and Mining They
have been in communication with prom
irent mining men and mining journals
all over the country, and are very much
encouraged al the promises received to
help the movement along
The record-union., 1896-12-27
VICTIM OF A MAD DOG.
A Boy Bitten on the First Instant
Dies of Rabies.

BALTIMORE, Dec. 26.-Conrad Ep-
perS, aged Is, one of the eight boys who
were bitten by mad dog an December
1st, and were treated at the Pasteur In
stitute, New York. died of hydrophobia
at midnight at his home in Woodbury..
Eppers returned from New York a
week ago last Wednesday. and it was
thought he was cured. as his wounds.
which were on the back of his neck, had
healed nicely. Several days ago he be-
came nervous and despondent, and un-
mistakable symptoms of rabies became
apparent. His physicians were with
him almost constantly to the last, but
could do nothing to alleviate his suffer-
ings.
Eppers was the second victim of the
mad dog, which ran anuck through the
northern annex December Est, and bit
the eight school boys. Another of them
is believed to have the dread disease.
The condition of the others is reported
to be favorable for q complete cure from
the effects of their wounds.
The record-union., 1896-12-27
FIRE IN A COAL MINE.
Six Men Overcome by Firedamp While
Closing the Air Passages.

HALIFAX IN. s., Dec. 26.-The fire
which broke out Thursday evening in
the Spring Hill coal mines is still rag
ing fiercely. The principal damage will
be confined to the east slope, and it is
hoped to have the fire under control
soon.
All the air passages leading to the
burning portion of the mine have been
closed and on the surface there is little
indication of the fire below. The west
slope is now considered out of danger.
While at work closing the air pas
sages between the two slopes six men
We're overcome by fire damp and had
to be carried from the mine. All are
now out of danger.
Mr.. GIlpin, Provincial Inspector of
Mines, who is on the scene, telegraphed
that the closing of all openings to the
burning slope would be effective in
smothering the flames. 1t will be day
or two before the result is known pos
itiyely.
The record-union., 1896-12-27
The Number of Killed and Injured
Not Yet Known.
Four Badly Injured Men Brought to
the Surface by the Rescuing Party,
With a Hope That Others Will be
Rescued Alive The lll-Fated
Miners Had Gone Below to Clear
Up the Debris of an Explosion
Which Had Occurred Just a Week
Ago.


PRINCETON Und), Dec. pa ter
r!nc explosion occurred in the coal mine
/ OF Maule * Son at 2:30 O'Clock this
| afternoon Sixteen men were in the
mine al :he time of the accident.
The men, after lay off of one day on
account Of Christmas, went down in the
main mine to clear up the debris of a
small explosion which occurred last
Saturday morning, which, however, did
/ little damage.
Coal was discovered in the Mauie
mine only a year ago, and the mine has
| been in operation less than nine months.
1t is believed the mine was not sufii-
ciently provided with circulating fans
to remove the foul air, and from this
cause the explosion probably occurred.
| The number of killed and injured is
not yet known. At 1870 p. m the res
cuing party had got two men out alive.
and the groans of others could be
| heard
| Those known to have been in the
mine when the explosion occurred are:
Robert Maule, married. Treasurer and
| General superintendent of the Maule
Coal Company; James Turner, single;
Robert Ponylight, married: David No
Will Cruise, single: John Holmes, mar
ried; James Riat, married; Carl Poney-
light, single, of Belleville, ILL.,; William
d. Grills. married; VIII Booker, mar
ried; Frank Turbie, married; Thomas
Price, single.
! When the disaster was made known
the mine officials sent word to every
man in their employ. and in a short
| = 6.
descend, but their efforts were ball1ed
by the great clouds of gas which greeted
them. The big fan was Immediately
put to work, and has been running for
several hours, drawing the foul air and
gas from underground.
The force of the explosion was terri
BILE
The mine officials are doing every
thing in their power to reach the men.
The State Inspector is expected TO ar
rive Tomorrow morning and an invest-
cation will follow.
AT 1850 the rescuing party recov-
cred David Nolan and James Turner,
who it is believed will live. 1t is now
thought that Manager Maule Will he
brought out alive. The work is being
pushed to the utmost, and the men
| hope to bring others to the top before
| morning.
| Dec. 81 a. m-Four men have
been taken out alive, among them Ar
thur Colgate and a miner named Noble.
Both are badly injured. Colgate lives
| in Evansville.
| The body Of Robert Maule was re-
| covered at midnight. He was dead
when found. One body was found lit
orally torn to pieces, his legs, arms and
head being torn off. He cannot be
| identified.
The rescuers are still at work.
The record-union., 1896-12-27
ALFRED L. TUBBS.
Dies in San Francisco, After a Pro-
tracted Illness.

SAN FRANCISCO, Dec. 26--Alfred
l.. Tubbs, President of the Tubbs Cord
age Company and a pioneer of the
State, died at the Palace Hotel this
morning after a protracted illness.
Death was caused by heart failure.
Mr.. Tubbs was identified with many
OF CALIFORNIA; S most noted commercial
institutions. He was born in Deering
\. H, in 1927, mad voyaged to Califor-
MIA in 1919. He engaged in business in
san Francisco, conducting a ship
Chandlery. In 1856, with his brother
Hiram and Flint, Pea body & Co.. he es-
tablShed a cordage works, which he
conducted up to his death. In 1865 Mr.
Tubbs was elected to the Legislature,
and won an honorable record. He was
a director of the Stanford University
and last year was elected a director Of
the Southern Pacific Company, which
he resigned on account of his failing
health.
During the winter months Mr.. Tubbs
resided with his wife at the Palace Ho-
tel in this city. He leaves a widow and
four children
The record-union., 1896-12-27
MEANS FAMINE TO THOUSANDS
Winter Herring Fishing Around For
tuna Bay Total Failure,

ST. JOHNS On. F), Dec. 26.-The
winter herring fishery is total failure
all around Fortune Bay. All the fish
frg schooners which We're waiting there
hoping to secure cargoes have aband-
oEed the place and sailed for Placentia
Pay. All seine masters have given up
their voyages. This is the second wear
in succession that the herring fishery
has failed at Fortune Bay. The result
means starvation to thousands of peo-
pie. because the herring industry is the
only possible occupation of the resi-
dents during the winter months. The
Government Will have to help relieve
the suffering
The record-union., 1896-12-27
PUTRID BEEF.
Conrad Schepp Charged With Offer.
ing Some for Sale.

Conrad Schepp was arrested yester-
day on the complaint of Veterinary In
spector ID. +. Fox on charge of offer
ing for sale a quantity of beef that was
rartly' putrid. He was taken before
Justice Henry and his case set for to-
morrow at 1:3O p. M, and his bail fixed
at 5000.
The quarter Of beef that was seized
as evidence was taken to the Sheriff S
Office and will probably be fully ripe by
the time of the trial
The record-union., 1896-12-27
Imports at New York.

NEW YORK, Dec. 26.-The imports,
exclusive of specie, at the port of New
York for the week We're S6,9SS,354, of
of which So, 122, ,564 was genral mer-
chandise and 81 800. 100 dry goods. For
the corresponding week last year the
imports were $S,674 ,626. The imports
of specie at the port of New York for
the week were $10,62. of which SAT ,S14
was silver and So. .44S gold. For the
corresponding week in 1895 the imports
were S1o6, ,61S.
The record-union., 1896-12-27
Suicide in Golden Gate Park.

SAN FRANCISCO. Dec 26.-Otto G..
Heuser, German, about 80 years of
age, shot himself in the head at Golden
Gate Park this morning In a letter
directed to the Coroner Heuser said that
he had long been i'll and without work
50 chose to die. II asked that the Ger
man Consul be notified. Where Heuser
lived is not known, nor is it known if
he has any relatives here
The record-union., 1896-12-27
Race War i'm Arkansas.

LITTLE ROCK (Ark.), Dec. DC
Brief particulars of further trouble. in
the lumber camps of Lafayette County
reached here to-day. 1t is TO the effect
that the negroes and whites employed
IN Two lumber camps near Garfield
ilIed up with whisky yesterday. and
then went in search of each others
gore. Several are reported seriously
wounded. The Sheriff has left for the
scene of the trouble
The record-union., 1896-12-27
Fatal Fire at San Francisco.

SAN FRANCISCO, Dec. 27.-The
premises of the California Glue Works at
the corner of Sixth avenue and q
street We're totally destroyed by fire this
Sunday morning. Henry HollieT,
night watchman, is believed to have
perished in the flames. The property
loss will reach $50, 600, with a comfort
able insurance.
The record-union., 1896-12-27
OF the Sixth=Street Church.

In Fridays issue of this paper it was
enormously stated that J. r. McCon-
nell was a member of the Seventh
street Methodist Church. 1t should have
been the Sixth street Methodist Church
the choir of which sang at his funeral
His residence was 1881 Eleventh street
The record-union., 1896-12-27
Hotel Arrivals.

Arrivals at the Golden Eagle Hotel
yesterday II. l.. Billings, c. B. Paul,
Ed. Ezskiel. e. II. Ezskiel. NJ. j. Liant,
Al Stein, Chicago; NJ. L. Forrister, Vic
toria; Taylor Gearhard, Sonoma; G.. F.
Sparks. Placerville: T. r. Hutchinson,
P. G. Hutchinson, New York; S. Luce,
Joseph L. Emanuel, E. Mendel, Joe
Benner, c. P. Nathan and wife, Harry
c. Morrill, San Francisco.
The record-union., 1896-12-27
Confessed His Guilt.

SAN DIEGO, Dec. 26.-Sam Black,
who was arrested yesterday on suspi-
cion of having killed John Patterson,
watchman employed to guard an or
chard ait National City, who was shot
by fruit thieves Wednesday night, to-
day confessed his guilt.
The record-union., 1896-12-27
Two Criminals Burned to Death.

MANSFIELD (Mo.), Dec. 26-The
Jail at Hartville. a wooden structure,
burned to the ground last night, and
Lem Lankinster (white) and Charles
Harper (colored), who We're serving
sentences for petty offenses, were
burned to death. The origin of the fire
is unknown.
The record-union., 1896-12-27
Appointed Administrator.

Judge Johnson has appointed J. c.
Baumgartel administrator of the estate
of Josephine Baumgartel, deceased, with
bend fixed at $500. He has also appoint
ed Joseph Gosling. James O'Neill and
Frank Williams appraisers of the es-
tof
The record-union., 1896-12-27
Weyler Hanged in Effigy

HOLLAND fMich), Dec. 26.-An ef-
hgy of Captain-General Weyler was
swung from the front of the City Hall
some time during last night 1t is be-
lieved the firemen did the hanging
The record-union., 1896-12-27
rIckinley Has Few Callers.

CANTON (OD, Dec. 26-Major Nc
kiiye had no callers OF Importance to-
day, and none are expected until Mon
day. when the members of Congress
Will begin to return to Washington.
The record-union., 1896-12-27
Teachers Examination

The County Board of Education held
a special meeting yesterday and adopt
ed questions for use at the examina-
ton of applicants for teachers certifi-
Gates, which commences tomorrow
morning at $50 O'Clock.
The record-union., 1896-12-27
Not Worth the Risk. .

Cobwigger-Has your store ever been
robbed?
Beddington No, Stree We sell
everything so cheap here that when a
thief wants an article he just comes in
and buys it.-Harlem Life.
The record-union., 1896-12-27
A Stage Goes Over a Grade.

EUREKA, Dec. 26-Word was re-
ceived here from Scotia to-day that a
stage on the route between Dyerville
and Garberville had gone over a grade
Thursday night, and that the driver had
The record-union., 1896-12-27
Death of a Noted LADY,.

WASHINGTON, Dec. 26.-Mrs. Han
nah McKenna Dorsey, noted in htera-
ture, is dead in this city. She was prom
inent in Catholic literary circles, hav-
ing contributed largely to literary
work of that church.
The record-union., 1896-12-27

A heavy left made Zeigler's nose bleed.
and another one caused Mac to fioun-
der bit. Both were tired when the
bell ended the battle
The referee, Dick Roche, declared the
fight a draw
The record-union., 1896-12-27
SUPREME COURT DECISIONS.
SYLLABI

(No. 15,655-In Bank-Filed December
IS, 1866
j. /. Case Plow Works, appellant:
Charles Montgomery ct al, respond
ents. Action against stocl1holder to re-
ever pOportionate share of debt under
Section 322, C. c. Affirmed
The complaint must show that the in
debtedness was incurred while the de-
fendant was a stockhOlder. The mere
allegation that on a certain day, while
the defendant was a Stockholder, the
corporation made its promissory note,
does not show that fact. in actions upon
stockholders liability.
The record-union., 1896-12-27

been killed. Beyond the fact that the
driver was young Swiss known as Joe.
and new man on the route, nothing
could be learned.
The record-union., 1896-12-27

states showing that she is disposed off,
clally to side with the rebels
Ihe very fact that the Times dis
patch is stated to have originated
IN Paris casts doubt on it, for officers
here state that news from Paris giving
iacts about Germany's policy is fully as
unreliable as are the stories of Cuban
naval battles