davidaulloa/AmericanStories huggingface dataset:
Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1896-12-08
THEY COME OUT EVEN
Supreme Court DEGREES Division oil
Costs in a Mining Case,
SENT BACK 10 TUE TRIAL COURT
with Instructions h. Mining SUIT in
Judge streets Conr' Goes
Against Plain i'll

The Supreme court handed down an
opinion today in the case of the Was
atch Mining company, respondent, We
Priscilla p. Jennings and othere, APP
peIIants. The record In the case shows
that the plaintiff was the owner OF
mine consisting OF the Walker AMI
Walker Extension and Bueky mining
claims, and part OF the Pinlon
claim, and that they Were solo
upon an execution seainst the plain
tiff. William Jennings and John
CLARK, two OF the stockholders anG
directors OF the plsintli company,
took an assignment. OF, the certificate OF
purchase before the time OF redemption
had expired, for the consideration oil
ss64.05, anu they afterwards obtained
a deed to the same. The sum 80 paid
ana the assignment and deed were
taken with u verbal understanding be-
tween the plaintiff anu assignees, that
the latter, upon Reimbursement within
given time, would convey to the
former. Later Joseph A. Jennings
anu Isaac jennings obtained Mr.
Clark's interest in the property ana
they, with William JenniDge, took
possession OF IL anc personally or by
lease operated the slime until early In
1883.
This case was before the Sapioine
court OF the Territory and me decree
from which that appeal was taken was
reversed; but Judgs Zane, who writes
ha a
questions OF law anu s1 tue questions
oil fact, except one, as the case then
stood, 40 being settled.
In lIa. opinion the court held that
the alleged contract as proven, under
which Jennings and CLARK obtained
the certificate and deed, was not with.
In the statute OF frauds, anu tue decd
though absolute In form should be re-
garded in equity, as mortgage, ana
under tho circumstances OF their
possession and Its acquisition, the
rights and liabilities OF the Jen.
uingses SHOULD be determined
by the equitable rules regulating
the rights and duties OF trustees In
possession In good faith. And that
therefore they should be held to &C.
count to the plaintiff for the ores ex.
tracted by them from the properly and
the rents and royalties received; and
that they should be- credited with the
amount paid for the certificate, the
reasonable expenditures in extracting
the ores and converting them Into
money, ana other expenditures upon
the property to the extent that 1t en-
HANGED Its value.
The case was remanded bhck to the
trial court with directions to nscertain
the amount OF the expenditures Of
this last mentioned class; but that
court n a lie general reference OF the
case to u referee, who, upon consiJers-
ton OF the evidence ami the report
Of the former referee, found and
reported the sum OF 1874, 75S. 81, con-
sisting' OF expenditures aud interest
thereon, due the defendants above the
receipts from the sale OF ores, and OF
rents and royalties received by and
chargeable against them and the court
entered decree against the plain
tn. Upon u motion Tor new trial by
the plaintiff the court set the decree
and finding. aside, but did mt grant
Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1896-12-08
STATE LINE NEWS.
What the Miners Are Doing with
Their claims IN That District

Correspondence TO the Iron County
Record from State Line says that
election is over, the bitter pill has been
swallowed anu the effects are slowly
passing away, and am glad to In
form you that State Line miners were
not affected by tbe dose, az they are
working their clnims just rs indus
triously as they did before election.
Steady work is being planned for the
coming winter months on the mos
promi ent depUeils all over the dis
irict, and deep work has been c1m.
menced In several places to locate the
mother lode.
The Ophir outfit are steadily attain
Ing depth with a full crew and by
spring their prospect will undoubtedly
emerge into a rich mine.
The Burro people are burrowing
away very steadily and their vein I'M
proves wonderfully as they attain
tepth. They have a carload OF good
ore that they intend to snip TO Salt
Lane within few days that win mel
them handsome dividend.
The Grand Central group adjoining
the Creole will be prospected by n 500
foot tunnel during The winter.
The Big Fourteen have settled dow
10 business ON the Big sum twer, anu
they expect TO be- IL the puth witt 1"
big bonanza before sunhJwers bl ON
again,
Messrs. Christensen anu Jones re.
port an $500 average from theic last
shipment, but still we expect TO hear
some "experi" report that the CUuh.
dence issi low grade propositions.
JACK Zillig brought In enough free
milling rock from u recent find ACROSS
the Harmon Valley last week to Start
an enterprising jeweler In busin.s,
with the hornings.
Dan Ross, John Reyson, A. q,
Campbell and others are opening up
some fine properties in the 3 utheIn
part OF the camp aud there will be no
IDLE men in that section this winter.
There are several embryotic deR
on the tapis which will report In my
next communication.
Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1896-12-08
THE GREEN BAG.

The criminal court will open on
Saturday.
The Supreme court will meet again
oa Friday m1rAlng.
John Blueford, aged 33, AMI Lillian
Lucky, aged Is, drew marriage
license today.
The divorce suit OF Jennie Rance
w Samuel J. Race has been con.
tinued Indefinitely.
The Federal court Ia trying the dam.
age snit OF q. NJ. DOneison We the
Union Pacific Railway company.
Bonds OF county commissioners OF
this county have been fixed by the
district curt judges at $4,000 each.
The case OF the HERMAN Irrigation
company vs. George W.. Keel and
otuers has been set for trial on Decem-
Der 2lst.
The Union Casualty & Security com.
paDy has examined the county's .le.
vator and prUnounced u good and
safe one.
The county attorney is Investigating
report OF Expert Accountant II. II.
Anderson on the alleged shortage OF
ex-County Collector Fred Leonard.
In the case OF Kate M. Hofstra
against ID. p. Tsrpey demurrer TO
the complaint was argued before
Judge Richie today and submitted.
All the county bonds have been
taken and on Thursday next Tressur
Lynn will call in all outeiaud ny war
ant mi irh he. haa ts...,
money to pay.
State Auditor Rlchards urges eoun-
~ clerks to Immediately fill out anu
transmit to him the blanks for the
total valuation and tax levy OF each
county.
James II, Bacon pleaded not guilty
in the Federal court 10 Ains inuict-
ment counts charging him with nav.
ing made false entries IN the books OF
the American National bank. His
lriAl has been continued Tor the term
On December lash the county com.
mlssiouers will consider a petition for
changing the boundary lines Of Cres-
cent precinct, while MIR. Christopher
son Will investigate u similar change
Ia school district No. SOL
County Attorney Whiltemore has
filed an answer to the complaint In
the suit OF Samuel IL. Auerbach
against Salt Lske county. ne suit
was brought to recover $4,000 on
repudiated warrant which WIS issued
to Andrews Il Co. on the furniture
deal.
A remiltitnr has been received from
the United States Supreme court
affirming the judgment of the Terri
torlal Supreme court u Utah In the
case OF the Bear Like ami River
Wa,erworks and Irrlgation company
and the JARVIS Conkiin Mortgage
Trust company, trustees, sppeliS nts,
against William Garland and Corey
Bros. Co., respondents.
Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1896-12-08

Prof. q. N. Chil and number Of
our young people have availuu them
aelves OF the golden opportunity OF an
education.
The farmers a u Zee IN to have a smile,
having completed their beet harvest,
paid their tsxes and settled up
sccou nts with still little to bestOw on
good old Santa Claus.
Our Amusement season has begun.
Several dramatic companies have
given us some OF their stage abilities
and In return have taken some of our
cash. Our opera house Ii in lull blast.
The sugar factory is still rolling out
Its sweet sugar; dividend checks have
been passing around, and in the course
Of a day or two The good housewife
Will smile when John presents her
with hts check for lsst months work
al the factory.
Our Sunday schools are In good
condition, go much go that the great
cry is for more room where we can put
all the children; our h0usee are not
large enough, there being over one
thousand enrolled.
We are in need Of few good things
here yet, such as n good orchestra At
our amusemenis, a good brsss band, a
ilttle stirring up OF our choir, good
theater building, public square and
court house; also one or two lees sa.
looms, no urunks and few less
ramps and houdiums.
The weather is fine, some snow, a
little mud ami great many marriages,
Mr.. j. II. kiTkham an Miss Il.
Meakins being the last on the list.
There Is some sickness from colds.
Your paper IL welcoms visitor.
Everybody is looking for merry
Christmas and happy aud prosper US
new year. J. X.
Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1896-12-08
Lehi News Items.

hmm Ulah, Dec. I, 1881
10 Tie Editor
H@,eldsy being the frs, Sunday IN
tlo mouth, anu 1t having bssn set
apart 90 ny Ut testing anu prayer,
auG for The calling upon the Lord TOR
Die blessing, at 1880 our meeting bou sc
wa crow ed 90 uveTtl wing ana many
l.d 10 leave ou socpun! Of NJ accom-.
moJatiOu. We hat great Tins VI
- .clug aut the spirit Of the Lord
was made mauifesi Tue gifts and
spiritual blessings were poured cut
UPON the saints ami all felt well for
coming out to worship the LORD.
Our district schools are full and IN.
other Grade hiss been started unuer
Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1896-12-08
WEATHER VAkE.


Weather reports showing observa-
lions nj S Am. today:
Salt Lake Cily-BsrometeF, 30. 90;
temperature, 80; minimum, 30; wind,
east, 2 miles per hour; cloudy.
Baker City-Barometer, 30 80; tenn.
peratnre, 30; minimum, 2S: wind,
Invest, light; rain, .04 of an inch;
cloudy.
OBSERVATION-DISCLOSURES, BO.s4; tenn
peraiure, 80; minimum, rs; wind,
north, miles per hour, clear.
Helsna-Barometer. 30.22; tempera.
ture, 49, minimum, 80; wind, south,
IA miles per hour; CLOUDY.
Miles City-Barometer 5000; tenn.
persture, "a; minimum, 10; wind, est,
light; clear.
hAvre - Barometer, 1899; tenn
perature, A; minimum, 81; wind,
west, 86 miles per hour; cloudy.
Winnemu cca Barometer, 1862:
temperature, 80; minimum, 80; winu,
east, 8 miles per hour; clear.
ldaho Falls-Barometer, 80 IS; tenn
perature, 2S; minimum, IS; wind,
southwest. 10 miles per hour, trace;
cloudy.
General and local forecasts Tor 80
hours ending s p. m. Wednesday,:
For Utah: Fair tonight and Wednes.
day; stationary temperature.
Salt Lake City and vicinity: Light
snow this Afternoon aud tonight; fair
and colder Wednesday.
j. ID. SMITH,
Observer Weather Bureau.
SALT LAKE CITY, Utah.
Today's temperature Is shown In the
lac simile thermometer given below.
Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1896-12-08
Spanish Fork Items.
SPANISH Fork, Utah.
December Z. 1897.
To the Editor:

To the Editor:
We regret, from present conditions,
to speak of the great amount OF sick
ness in our midst. Young, middle.
aged and old in great numbers are
suffering, either with colIs, mumps,
Group, bronchitis, or ievera, with coca.
slouaiIy, even quite frequently, one
dropping of, to be mourned as q loss
The tenderness of youth Is not All as
sursnce that we will live ma6y years,
for when Gjd calls, the young goeth as
soon as the old.
Turning from this, a better page Is
presented, In the progress OF our Sab.
bath school work, and what small
beginning has grown to. In men
tiOning this, an incentive may spring
up 10 the breasts OF others to do like.
wise. There lived in our midst a
poor cooper, who died with a desire
10 do the most good with his small
remaining earnings. 30 Ia the year
1879, from his will there came In
possession OF the Sunday school in the
Church OF Jesus Christ OF Lstter-uay
Saints TWO shares OF stock in the Gu.
operative store Of ten dollars (Sl0)
each. They increased and dividends
were coullbliany uraWni so tnAl
rs time rolled on aud We in
creased in number, from the
few In one school,to the six that
we now are, about sixty dollars,
has been used up, eight dollars held 10
reserve, and by adding little to the
other Increase, We now have six shares
VI ten dollars, 30 that We each have a
share. The Union record, as well as
each school record, shows that the
name OF Brother Nell Bell will always
be fresh in our memories, as the
original donor. Though separate, yet
united, with a complete central organ.
izatior, missionaries, etc, the work
VIII eteaufly roll on.
Following this lie another noble
deed OF the same nature, where the
poor ore receiving reliei, by the kim
act Of Brother George Senuetts dOnst-
ing shares. These charitable acts att
blessing generations alter them.
Hard times have vanished. AS evil.
de- &c, store clerks are seen caTryinl
their lunch baskets with them TO work.
No lime to 10 home to dinner.
Respectfully,
UNCLE GEORGE.
Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1896-12-08
Agalnst the PiaIntin.

The suit which mas been pending In
Judge Streets court Tor several days
past was wound up today against the
plaintiff, the judgment declaring no
cause OF action on the part OF the
plaintiff and that the defendants are
possessed OF !ull title under the laws Of
the United States. The court title OF
the case was William Williams ct al
VS. J. W. Skinner ct al, and 1t involved
the title OF the Tough Knot mining
claim IN the Camp Floyd miuing
district.
The verdict establishes the validity
OF the Song Bird claim over that OF
the Tough Knot, whose certificates OF
location were ruled by Judge Street to
be faulty in that the bou ndary descrip.
ton did not commence irem point
marked by permanent monument.
Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1896-12-08
IT'S FIRST DIVIDEND.

The south swanstn Commences TO
Distribute the Profits.
Al directors' meeting of the
South Swansea company held yester.
day atterDoon, a dividend OF 8 cents
a snare, or 81, 500 was set apart for the
benefit VI the Stockholders, to be dis
tIibuted among them on Dec. 21st.
This is the initial move OF the com.
pany in the way OF paying dividends-
q move which IL Ia confidently ex-
lected viii be carried out each sue.
ceeuing month.
The South Swansea is In splendid
condition ut present and Its earnings
are on steady increase. The mine IL
Just in tie infancy and the payment oil
uividends ut such an early date In lite
career, is the cause for general rejoice
lug and confidence among mining
- n.
Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1896-12-08

SLw YORK. Dec. s-s,oo.
lnlet win prices tending n,, market oneu,,
hhihtanosI = per cent to III n n,ctqg. sus.,
The upward movement wa.
by pront taking and renoveS ,mpeded soo.
Mhien pfecinila' Cd important SkgTessob
oesslons. western UHion aud e9n,onat con
were conspicuous in the selling me eeInlrnlgloa
Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1896-12-08

The NEWS begs 10 thankfully ac-
knowledge receipt Or nice box OF
candles from the Mcdonald establish.
ment. The boys In the editorial de.
pattment enjoy, d I en- Immensely.
Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1896-12-08
ROUND TRIP TO OGDEN 500
Via Rio srande Western Railway

On Thursday, Dec. 10,h, the X. G.
w. makes round trip rate OF sl.OO to
Ogden. Tickets good on spsc,al ,rsia
leaving Salt Lake Oily at 400 0. m,
end on returning special leaving
Ogden after close Of performance. Pub
lie invited.
Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1896-12-08
ADJUSTMENTS.

Della Fox at the Thester.-A large
and brilliant audience assembled at the
Iheater last night to see Della Fox IT,
comic opera. 1t wasl u j0vial and
warm hearted audience too, and
although opera was expected, instead
OF extravaganza, which Fleur de Lie,
properly called is, nevertheless 1t all
went with n rush ana the iun was fast
and furious during The three hours
required for its presentation. RJars OF
laughter greeted the efforts OF the
comedians, Macdonough and Blair,
and they were repeatedly recalled.
Della Fox is a bright, petite little lady,
and though possessed OF voice of no
particular merit from an artistic stand.
point, Is nevertheless admirably
suited for roles like those
assumed by her In last pight's
production, she 10 active and bright
and brim full OF fun. The best thing
she din latt night was In the duet
with Frederic, when they wete dis.
guised as the Italian MINISTRIES. The
usual accessories co mmon with com @
opera are all present In Fleur, de Lis,
Including the dTill OF the solu!ers,
which was very prettily executed. The
chorus, though not particularly strong,
rendition by them OF the Good Night
chorus was charmingly done. The
costuming was bright and attractive,
snd the scene effects, with the aid OF
the calciums, were very fine. Fieur
de Lis Will be given again tonight,
the engagement closing tomorrow
night with the presentation VI The
Little Trooper.
1t was expected that some arrange.
ment would be made yesterday looking
TO the re.opening of the GlanJ, but
Manager Rogers has not yet acted
upon several propositions that have
been made to him, including one from
his brother, Jay Rogers, who proposed
10 lease the house ana rs-eBgRgs the
old company. The opinion prevails
that the house will not remain long
closed.
The Lyceum will open again on the
l7th OF the present m NTH with an
other speciality show, under the title OF
Sidetracked. The company halls from
Portland and Will play a three nights
engagement with matinee on Satur.
day the 18Th,
Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1896-12-08

Time is iueyi,,A,,
innexiblc ~ e ',s,.'
moving Was,.lii
d avs never coir "
tbaelk back, oppss
tulli'ie IS, are lost iot
ever Women hard,
seem seem TO realize thi
Mith the seeds Of
death planted and
IA -
Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1896-12-08

HOOPS PILLS are easy to take, easy
to operate. Cure indigestion, bilious.
ness. 26 cents. s
Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1896-12-08

Try our Green and Black Teas 81
25c. q round. N. Y. Cash Grocery,
opposite postofiice.
MEYER BROS, Props.
Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1896-12-08

Hogs SMeago. Dee
Light, s3.i5as5a.
Mixed, 81 l6dSaiO
Heavy, ,a0laSl,lO
Rough, S2.95GS3 10
Cattle
Reeves, S3,45ai5 %.
Cows and heiters, si,GOasi 10
Stockers and feeders, 50 gIasloJ
eheep-suohB to ten cents higher.
Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1896-12-08

Ii 10 the medium which carries to
every nerve, muRcle, organ and fibre
its nourishment and strength. II the
blood 10 pure, rich and healthy you
will be well; II impure, d sesse will
'oon overtske you. Hoods Ssnip-
sIilla has power to keep you In hsi!Ih
by making your blood rich and pure.
Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1896-12-08

lew trial, and without inTther henring
found the sum OF Sl3, 1853 priuoipel
and considerable sum OF interest tue
the plaintiff above the expenditures
credited to the defendants. Tue action
OF the court in makiug lite fludiBgs and
granting decree after setting aside
the finding of the referee was ASST ned
as error.
REaiANDED AGAIN.
After citing authorities Chief Jus.
tlce ZNne sAyt: 1--WE are unable 10
find from the evidences q balance TO
either party. We find that the expen.
futures equnleu the receipts ana no
more. Win respect To interest 1t AZ.
Pears that tho receipts INCREASED with
The expenditures, and conversely, and
that interest should nos be allowed TO
either SIDE. The case 10 remanded to
the court below, with ditscuuiis to tina
court 10 make ils fndings conform
to the above conc u-iuilf, aud to eater
decree ON the ilndl 20 when 90
changed, giving the property deictibed
in the complaint 10 The plaintih anu
authorizing a suitable ptisop Sc com
missioner 10 transfer the titie TO the
plaintiff by sufficient deed, and re-
quifing the respective parties to pay
their own costs, so far as they haze not
alreauy been aploTuOned or aeAsEsed.
The cost OF TINS appeal is assessed ic the
respective sldes in equal prop0rti3ns."
Associate Justices Bartch ana M!uer
concur Ia the opinion.
Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1896-12-08

TRANs FEhs OF STOCKS.
Two huDdred shares Of South Swan.
sea at sl.45 per share; 200 Northern
Light at 81 nts and 100 at So. Totsl
shares sold, 500.
Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1896-12-08

Fourth annual exhibition. is West
First South.
Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1896-12-08

Chic"S" Market.
,, Chicago. Dec.
Mheat-Dec., ~ Jan. IS
uorn--Dec. 2f3s; Jan. gsI.
oats-Dec.. IS, Jan, 49,.
iork-Dec.. $3.50. Jan, S7G2L
i.ard-Dec., s87lii Jan. ,slS;i
Rye 80 ''''h
Barley 2bd37.
tlax-775i,
Ttmothy-s2.50.
Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1896-12-08

.,. SILVER, lead.
stlver-6js..
Lcad-s2.11.
Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1896-12-08
'rHE LUCKY BILL.

A Pnsk CITY Property In witch Good
Ore Has Been touod.
The Lucky Bill a property which
for several years has been persisteutIy
West Virginia argus. [volume] (Kingwood, W. Va.) 1877-1946, 1896-04-30
sQUIREs VS.. BAYLEs.

To the Editor Of THE ARGUS.
INDEPENDENTS, WA, April 81, 1896.
In behalf of education, for contin-
uance of free schools in Lyon district
to benefit the rising generation, / as
an observer, assisted by others, take
upon myself the responsibility of max
ing known to the voters of Lyon dis
trict the facts concerning the two men
aspiring for the vacancy made by DIR.
U. w. Showalter as member of the
Board of Education, II. Il. Squires and
Thomas Bayles.
Mr. Squires Is a strong advocate of
free schools, is fully competent TO at
tend 60 the business, and while he is a
fearless advocate of free schools, he
believes taxes laid for that purpose
should be economically administered TO
the best advantage, doing the greatest
good 20 the greatest number of people,
that the blessing has been allowed us
Co cultivate by Divine Providence,
which has lighted mp the minds Of our
people and made such great transit
tion, may be extended. His fearless
attack on opponents of "Down with
Free Schools" has gained for him the
respect of all persons who hold up our
free institutions Of learning, which is
hoped will be appreciated by the vo.
ters at the Primary.
While his opponent, Mr.. Bayies, Is a
very good man and good farmer, yet
he is not the man for the place. He is
an opponent 10 the free schools, and
was placed before the voters by men
who also oppose free schools Having
no children Of school age, we suppose
he wants our young 20 grow up In
ignorance and uHcultured. But we
trust tho intelligence OF our voting
people In casting aside a man for thi,
office who Is opposed TO the free oduca
tion Of your children, the future Of oui
country. So let every person who IA
vors free schools, advocate the election
Of II. y. squires as member Of tn,
Board Of Education for Lyon district
Yours truly,
OBSERVER