davidaulloa/AmericanStories huggingface dataset:
The silver messenger. (Challis, Idaho) 1890-1912, 1897-08-10

nick for his one-third interest
and laid claim for himself to two
thirds of the net proceeds, which
he contended was not subject to
a trust of any kind.
When the case was tried in
1891, the lower court issued an
interlocutory order in favor of
the plaintiffs and ordered the de-
visees of Norton to be made par
ties to the suit and that findings
be made and decree entered; that
the sale of the property was for
the benefit of the trust fund and
that the proceeds of such sale be
accounted for by Dooly. as trus-
tee, and that the matter be refer
red to master who should re-
ceive the accounting.
In November, 1895, a different
Judge came upon the bench and
by him motion was granted to
amend the conclusions of law
and the case was dismissed. In
this, the conclusions were so
amended as to determine that the
proceeds of sale received by
Dooly were not trust funds and
in December, 1895, a final iudg-
ment was entered in favor of the
defendant.
The opinion at hand is by JUS
tice Bartch, concurred in by Jus
tice Miner and District Judge
Hiles, the conclusions In which
are that as the respondent, out
! side of his relations as mort
gagee, was a trustee of the prop
erty and that under the facts as
revealed by the records he die
not acquire an indisputable title
| by foreclosure, and that he must
be required to account for tn,
profits of the sale to the syndi
cate.
The counsel for the plaintiffs
alleged that Dooly was guilty o
actual fraud. The court in refer
ring to this allegation. says that
however, innocent and fair th'
. purchase, it was vicious in it
consequences and that it was no
necessary TO allege or prove tina
the defendant was guilty of fraud
or that he made a sale advantag
eous to himself. Continuing th'
court says
Fraud may exist and yet no
be susceptible of proof. Il
guard against this hazard, ant
to prevent violation of duty. ant
to remove the trustee from temp
, tation, equity imposes on hin
the disqualification of becomin!
a purchaser of the trust propert,
for himself, without the consen
of his cestui que trust, and thu
the rule destroys the very roc
of the evil"
1t is ordered that the cause b
remanded to the court below
with directions to set aside tn
: Judgment and dismissal and prC
ceed accordingly.
The silver messenger. (Challis, Idaho) 1890-1912, 1897-08-10

OFFICE OF THE BOARD OF CoUsTT CoxMIs-
sIoaERs OF CUSTER COUNTY, STATE oF
IDAHO, CHALILs. Id, JULY y, lssG.

OFFICE OF THE BOARD OF COUsTT COMMLs-
sIoaERs OF CUSTER COUNTY, STATE OF
IDAHO, CHALI.Is, Id, JULY %, leS. }
Pursuant to Sec 1885 Of r $. Board Of County
Commissioners OF Custer county met 70 near
any parties relative TO any assessment OF @ny
proposed additional assessments ana 20 &C. On
any proposed additional assessment changes
and corrections
At this time was presented comm uric@tlon
from NJ Spain, setting out Why tue soo1tlonAl
assessment valuation OF t5D snoulo not %
uIseed OF his property situated between the
towns Of Custer and BONANZA and no sunclent
reason being shown Why such additional Valua-
tion for assessment for sde year IeT should not
be placed on such property. II was ordered that
such additional valuation stand
Al this time appeared Arthur Ferrin in his
auplfcztfon for reduction Of valuation for as
ssssrnent Of property fn. .Bayhorse for the year
1871 And no sufdcient reason being SHOWN Why
auy reduction should be made, IL was ordered
that the valuation as the sane appears on tne
assessment book for the year lee7- stand
At this time appeared VIM Peterson Dy MS
attorney. l. H Johnston specially on question
Of jurisdiction Of the Board and submitted
authorities 10 uphold his contention and after
due considerat it IS ordered that his position
Is not well taken: No suf11cfent reason sppf2r-
ing why the additional valuation OF $50 Tor as
sessmenf for the year 1877 on properly IN Cnsi-
lis assessed TO Wm- Peterson should not DC
placed on said property. II was ordered that
such additional valuation for assessment for
the year 1877 stand against SAID property 50
assessed to VIM Peterson
In the matter Of the application Of John Cal
win for reduction Of $50 assessment. valuation
on improvements on ranch at head Of Garden
creek it was ordered that the application be
granted and that the assessment valuation OF
such Improvements be fixed at $50 for the yeai
1897.
In the matter OF the Communication Of Geo
z Ferris setting forth reasons why the asses
ment valuation OF property assessed 70 the said
Ferris for 1897 and situated In Houston should
/ not be raised from 800 to 500 No sufficient
reason being shown why such additional as
sessnent should not be placed on said proper
ty it was ordered that the additional assess
ment valuation Of said property for the zeal
/ Iss7 be placed on said property
| No other persons appearing before this BoarC
pursuant TO notifications 70 appear and shoy
! cause why certain changes should not be mads
l In their assessments for the year Iss5. II i
therefore ordered that the changes made in th'
/ assessment BY this Board sitting as q Board o
1 Equalization Be and the same are hereby con
/ ffrned and the changes 50 made are hereby d
rected to be entered in the assessment roll an
! the Assessor and Collector Is hereby directes
to collect taxes on the property list as change
and as modified BY this Board sitting a. Boar
Of Equalization
I Adjourned without date.
a H KNAPP. Chairman
GEO. Z. KEYES, Clerk
The silver messenger. (Challis, Idaho) 1890-1912, 1897-08-10
Dickens Case Decided.
lsal, Lake Tribune. July g7.l

salt Lake
The Supreme court yesterday
handed down decision in the
case of J. F. Hamilton and John
S. Rohrer VS.. John E. Dooly.
The case was a suit in equity
brought to establish q trust in
favor of the plaintiffs. 20 compel
Mr.. Dooly to ma ze AZ account
ing. as trustee, a, tC sEs proceeds
of the sale of the CT ,rl.,s Dickens
mine and other pro- cry, which
he came in posse siun oe IS trus-
tee and executor Of the IS ate o.
William A. Norton. Il was set
forth in the COM lai 1t ha Nor
ton owed the pla nti@s and 9th
ers and conveyed ne Lickens
mine and other p1ol ar,ies 10
Dooly to convert the me into
money and pay Nortols debts,
turning over the balance, if any.
to Norton or his heirs. Ii is al
legged that Dooly received the
property and accepted the trust;
that he received Tor personal
property sold, S11, 900 and that
| he converted the Dickens mine
and other properties into money
and mingled it with his own;
that the amount OF money so re-
ceived by him was more than
sufficient to pay all of Norton's
debts. but that the defendant has
| failed to apply the proceeds as
required by the trust, or to make
an accounting.
! In his answer, the defendant
admitted the conveyance and the
trust. but denied that the plain
tiffs were creditors of Norton, OF
that any of the personal property
twas sold for a greater sum than
lS3254.19 He claimed further
that Norton owned only two
thirds interest in the Dickens
mine, and that the defendant had
no trust money in his hands. /
was also set forth in his answer
that he had mortgage on Nor
tons two-thirdS of the Dickens
mine for 500, 900, and that w. S
| Mccormick had a mortgage o
| S15. 900 on the other one-third
that by foreclosure proceeding
lin Custer county, Idaho, wher
the Dickens mine is located, thu
property was sold to satisfy lien
and mortgages, in February
1886, including a claim of S22, 3SI
in favor of Mccormick and one o
S25. .610 in favor of Dooly; tha
the decree permitted the partie
to the action to bid and becom
purchasers. In this proceeding
Dooly bid in two-thirds inter
est for S2S,000 and McCornic
bid in the other third for S24, 00t
In the mean time Norton mad
his will, in June. 1894, makin
! Dooly his executor, and died /
, July of the same year. Hamll
! toms claim was for medical a
tendance during Norton's lines:
Prior to this, however, Norto
decided a one-third interest In th
mine to Rohrer, who conveyed
Y back to Norton to enable him
sell the property.
In the meantime, the propert
was sold by Dooly to an Enghs
syndicate for $3.50. 600, of whic
! $50, 600 was paid in cash and tn
: balance in debenture bond
Fifty thousand dollars of tn
was to go to John Marshall, pr,
moter of the sale. The bond
were sold at go per cent of the
par value. Out of the proceed
, ii is stated, DOoly paid McCo
The silver messenger. (Challis, Idaho) 1890-1912, 1897-08-10
Town Lot Owners

All deeds that have been given
of town lots, in the Challis town
site, by the Probate Judge, and
acknowledged before Caro- I.
Zeigler, are pronounced to be
worthless by the ATTORNEY Gen,
eral of Idaho. All parties hold
ing such deeds, can have new
deeds, in the next 80 days, at the
price of S1.75 each. After thai
time the price will be 50. so.
A. @. BoMAR, Probate Judge
The silver messenger. (Challis, Idaho) 1890-1912, 1897-08-10
For the MEssENGER:-
GOOD BYE ~

ITO Departed frienn)-
lBY t. SHELLEY sUTToS.l
GOOD bye" he said,-"good- -bye"-and went
his way
Adown the dark and dreary road OF life
We met, we loved. we parted in day
But each had helped the other in his strife.
Where two roads crossed, at early morn we
met,
And for the day our paths ran side by side,
But ERE the sun upon that eve had set
A waste Of distance did those paths divide
l clasped his hand. perhaps heayed sigh
Perhaps tear In silent anguish fell
And then he left-I heard him say 'good-bye''
And to my heart it sounded like knell
One look behind as o'er his path he sped,
And he had passed forever from my view
A few short months-I heard that he was dead
few short months, and 1 will follow too
Boise city, Idaho, July card, 1891.
The silver messenger. (Challis, Idaho) 1890-1912, 1897-08-10
LoCxL GLEENINGs.
Klondylze +. Klondyke -

Klondyke Klondyke
Mrs. Elder is little improved.
Geo. Lewis was out from the
Yellow Jacket last week on a
business trip
Frank Simpson departed on
Tuesday morning last for Fin
land on an extended visit
Ed. Robinson came in from
the outside last week and depart
ed for the Jacket on Friday
morning.
Enos Watson returned from
Seafoam last Wednesday where
he has been looking after his
mining claims. He is looking
healthier after his trip.
Hon. Eli Suydam. of Salmon,
was in Challis last week. This
lis his first trip into Custer county,
although he has been a resident
of Lemhi county about 13 years
Not very neighborly-
The wise man who endeavors
to pull for Mark Hanna, and runs
the Republic down at Salmon,
tells us that they have better
and richer placer claims down at
Salmon than at Klondyke- Rats
A party of four consisting OF
IT. J. Paul, Geo. E. Keyes. Carl
Lane and W. d. Pierce, of Chal-
lis, all of which are quite noted
gunners, spent a day last week
out at Cornell Basin killing the
festive grouse and sage hens.
They tell US that they baggeC
175 birds
Scott McNair left last Satur.
day morning with DIR. Cutter:
friends who have been here on ;
visit, for Ketchum. From tina
point Scott will go to Pocatello
and from there TO Seattle wher'
he will spend the winter. Mex
, Spring he will push on to tbs
! Klondyke region.
George Headrick, a brother oi
; E. c. Headrick. of this place. ar
rived in Challis last Tuesday OF
the Salmon stage. GeOrgl
Headrick is travelling for th
Brown Shoe Co., of St Louis
No. and concluded to make
I trip into Custer county on bus
! ness, and viii remain for two o
three weeks on a pleasure trip
: hunting and fishing. His brother
Ed. c., is a veteran angler, an
will teach him the art of fishin
g in the rivers and lakes of Custe
e county. This is their first NEE
q ing for over thirty-five year:
II and many changes have take
g place. When Ed. last saw h
e brother, George only about
!, FIVE years of age.
i Mr.. o. E. Penwell expected
g depart yesterday (Mondayl. f,
n the great Klondyke gold fields
'e Alaska, and rry his luck in L
IS mad rush for gold. He is Il
r first to go from Custer count,
N While this is a little late in Il
a season TO start, he goes with Il
l. determination of reaching Il
g Klondyke region this year if po
IS sible, and win go direct to j
or neau. and from this point WI
S, outfit and seek information as
the best route. He will ha'
rs sufficient means to stay. and vi
ar make stake if possible, al
ell we hope his trip viii not be
D. vain. Mr.. PenweH is getti,
le pretty well long in years to u
n dertake this trip. but being us
is to hardships and cold climal
rs it will be easier for him than
it it were otherwise. He has prol
is ised to write a few articles f
Ir- the MESSENGER. He is a ''ru:
en- lern and used to frontier life.
The silver messenger. (Challis, Idaho) 1890-1912, 1897-08-10
OFFICE OF THE BOARD OF COUNTY CoMxIs- 4
sIOSERs- CUsTER Co. STATE OF IDAHO
CHATITS IDAHO July q. 1877

OFFTCE OF THE BOARD OF COUNTY CoMNTs-
sIOSERs- CUSTER Co STATE OF IDAHO
CHALLIs. IDAHO, JULY q. l5g7-
Pursuant 10 adjournment Of July 18th. the
Board met at 10 a n Full Board present
Bond Of Alvin West accompanying contract
for the construction Of road above High Grade
below the mouth of Bayhorse creek. vas al this
tinls presented and approved
In accordance with sec I775 r s. II was or
dereC that no warrants viii be drawn or issued
Ia any case where q claim is allowed In part IN
less the claimant first files with the Ardltor q
receipt in fuIs for ais account
In the matter OF the care OF the county roads
OF District No 4. ii was ordered that Conn1is-
sioder Knapp be authorized TO arrange for the
the present time till Oct IS for the least figure
possible. not 70 exceed 800
In the matter OF the repair Of the south Sp-
proach of the bridge spanning East Z ork-a Dove
the Iyefsfuger ranch IL was ordered that CON-
missioner McCiowan be authorized to arrange
| for the repair and construction OF the approach
to said bridge for q sum not TO exceed $50
Whereas it seems for the bes. interest q
Custer county TO have the ChaIis-Yellow lack
et road kept n reDair. and whereas DeWtu 8
Altham have agreed 10 keep said road II repail
/ for the sum OF go for months or TO the lStl
dav of November next. IL was ordered that u
encourage said parties TO keep said road In re
pair that in consideration Of the care OF salt
/ road in Custer county.
On this time NJ : Brown Esq-- oHereo
appear on behalf of Jos Rodgers 10 show caus'
/ why there should not be added 70 his assess
/ mert for the year lss7, the additional assess
ment OF 1000 head Of sheep at the valuation o
/ Al per head 10 said Jos. Rodgers for he yea
| 1897. The time for appearing having passed
| was ordered that such appearance Dc Tot Per
mitted. Board cdjsurnsd without date
The silver messenger. (Challis, Idaho) 1890-1912, 1897-08-10
Salt Lake Six FACTORY.


y E. Third South St., Salt Lake City, Manu-
facturers Of Silk Handkerchiefs and Dress
Goods, in various colors. Wholesale and
Retail Cents Neckwear in variety. Visitors
should not fail TO see our factory. Handker-
chiefs with the Temple. Assembly Hall, Tab
ernacle and City and County Buildings woven
in the corners. AS souvenirs they are unequ-
allied Give US call
The silver messenger. (Challis, Idaho) 1890-1912, 1897-08-10
Labor Day--ssps. @.

Labor Day will be observed in
Custer with a good program.
The Challis Cornet Band has
been invited, and will probably
attend, This will be a gala day.
The silver messenger. (Challis, Idaho) 1890-1912, 1897-08-10
Now Open J
LODGING. IaOBSE

iin connection, where the weary
may find rest.
The silver messenger. (Challis, Idaho) 1890-1912, 1897-08-10

DR.. Jacobsen and family depar q
ted for Montpelier, Idaho, yes
terday. where they viii make
their future home
The silver messenger. (Challis, Idaho) 1890-1912, 1897-08-10
MacLawin 4 Ferguson, Prspss

clayton, Idaho.
The silver messenger. (Challis, Idaho) 1890-1912, 1897-08-10
PAPER ?

Labor 4
KlondykSWARE,
ats neign' Hing. Window Shades.
j. o. Swifsything that is used
Ghallis one day stock in the State
--'''''' - : - einess.
B. r. Brown, OF II.
per mines, was in Gu
week on business.
The silver messenger. (Challis, Idaho) 1890-1912, 1897-08-10

Mrs. H Bradbury and two
daughters left for Salt Lake City
one day last week, where they
will reside this winter.
Morris tribune., 1897-08-04
County Board OF Equalization.

The county, commissioners of
Stevens county met as by law re-
quired, in the auditors Office in said
county, on July 10, 1897, at half-past
one o'clock p, m. and with the county
auditor we're sworn as a county board
of equalization.
The business of examining the
assessment lists of the several towns
was taken up and occupied the after
noon session.
Adjourned to ten a. m. Tuesday,
July 20.
Tuesday ten a. m. board met
agreeably to adjournment, with mem,
bers all present.
Changes in the following items of
personal property were made:
All yearling colts were to be assessed
at $40. All two year old colts we're to
be assessed at SIS. Horses no change.
Cows no change. Wagons we're
brought to the county average of
$1O.42, except for the village of Han
cock and Morris, which were reduced
to the average of SIS. All sewing
machines to be assessed at SIS.
Watches and clocks in village of
Morris reduced twenty per cent.
Agricultural machinery in Horton
and Stevens raised fifty per cent. The
assessment of $1,000 on wheat in the
M. & D. elevator, was stricken from
the list. The Standard Oil Co.'S
tanks in the village of Morris raised
to $1,000. Henry johnson mill
property in Framnas was assessed at
$1,000. The assessment on Wood
house & Gullett's household and
Office furniture was increased to $500.
The elevator of S. Stewart and the
M. & D. Elevator Co. in the village
of Hancock were reduced $500 each.
The Northwestern and Westfall ele-
waters at Chokio were raised to 81, 500
each. All dogs were to be assessed
at S..
On motion adjourned.
III. r. EDDY, Chm.
N. R. SPUR, Sec'y.
Morris tribune., 1897-08-04
Her Lucky windfall.

"What is the most curious trans
action I ever had?" said a we'll
known postage stamp dealer.
Some years ago an old lady called
upon me, asking whether I could
give her anything for a few old
stamps she had had by her since she
was postmistress in a certain small
country town about half century
ago.
ION examination they proved to
be some of t " rarest of the
old unused BIZ, j stamps, and as ]
had a customer for them I told her
that would gladly give her $50 for
them.
!" But what am l to do with all
that money!" queried the old lady
in apparent dismay at the sudden
possibility of so much wealth.
If you like to send for it, shall
be glad to hand it over to any one
whom you care to provide with a
written authority for the payment,
said |, and to this she agreed with
evident relief.
Accordingly the next day man
called for the money. Shortly after
I heard that he had married the old
lady. I wonder whether her lucky
windfall had anything to do with
it2" Cassell's Journal.
Morris tribune., 1897-08-04

$29.470 81 $29,470 81
The board resolved to advertise for
proposals for county deposits, aud
advertising same inserted in each Of
the county papers for two weeks
Bids were receiver from the Steven
County Bank and from the Citizens
Bank of Morris, offering to pay p per
cent. for the county deposit,up to the
amount of $1,000 upon monthly
balances.
The board recommended the ac-
ceptance of the bids and that TIE
banks mentioned be designated as
county deposits upon their executing
a good and sufficient bond.
And adjourned.
Ell. r. EDDY,
N. r. SPURR,
THos. THoMAssoN,
Board Of Audit.
Morris tribune., 1897-08-04

Petrarch lived 20 years. The son.
nets to Laura, the only productions
by which he is now remembered.
were written>within a period of 30
years, during which the intimacy
continued. Petrarch had been writ
ing sonnets to Laura for about 16
years when the lady fancied she dis
covered symptoms of a not unnat-
ural WEAKNESS and plaintively asked
the poet, Are you tired so soon9"
rs though matter of Is years were
q mere bagatelle.
Morris tribune., 1897-08-04
AQUARIUM STRUGGLES.

WAYA AA@@@@N
Fishes For Time RvaSe Pursuit.
When live killies are put In an
aquarium tank as food for larger
fishes, they dart of through the wa
ter trying to escape. Most of them,
however, are soon captured and
eaten; sometimes all. But some
times few escape for time, and
these use every means to avoid cap
ture. It is common thing for the
killie to remain at the surface.
There are fishes that do not like to
take their food there, where they
must gulp in air with it. If the Kill
lie can get actually out Of reach OF
the larger fish. it does that-out into
the shallow water on a shelving
stone or under stones, where the
larger fish cannot follow it.
In such tanks as those at the New
York aquarium the killie may hug
the smooth porcelained side OF the
tank. II is difficult for the larger
fish to take anything from smooth
surface, where it cannot overlap the
object, and fish is also very shy
about bringing its nose into contact
with the wall. Apparently the XII
lie knows these things, for it hugs
the wall. And if one lying by the
wall is taken away from it and put
out in the center of the tank it
straightway returns to the wall
again.
The killie gets into a corner, where
it is yet more difficult to reach it,
and if there is jog or recess in. the
corner it gets into that, where to
reach it is more difficult still. Some
times killie jumps up on the
strainer. The opening into the over
flow pipe from the tanks is guarded
by movable globe shaped strainer
of galvanized wire, which is in effect
little round knob projecting from
tia back of the tank. Perhaps a
third OF half of the straine1 is be-
low the surface of the water.
Sometimes killie jumps out of
water upon the strainer and lies
there curved over it, head down on
one side and tail on the other. At
it's highest part the killie is out of
water distance about equal to its
own length. 1t is like man jump
ing up on stoop to escape some
thing dashing along the street.
The strainer is the most difficult
place to reach and the safest place
for the killie when it gets there, but
it couldn't stay there always, for
sooner or later it would die if it re-
manned wholly out of water. But
wherever the killie may get it is
pretty certain finally to be captured
and eaten. The killie that hugs the
wall or gets into the corners is pur-
sued even there. The trout, for ex-
ample, will come up to killie that
it cannot take into its mouth and
nose the killie out, and the instant
the killie takes to the open water it
is lost. There it is no match at all
for the vastly superior larger fish.
Sometimes a blackfish will swoop
up and take killie from the edge
of a stone step upon which it is lying
in an aquarium pool, in water so
shallow that it is stranded. II ma
ture a killie pursued by some larger
fish, a blackhsh, for instance, might
find shelter under some little arch
in rock, the opening of which was
not big enough for the blackfsh to
get its head into. Then as likely as
not the ackfsh would settle down
in front of the arch and wave its
pectoral fins back and forth, appar-
emily trying to set up current to
drive the killie out. New York Sun.
Morris tribune., 1897-08-04
BOARD OF AUDIT.

The Board of Audit of Stevens
county met in the treasurer's Office
on June Is, 1897, and proceeded to
count the treasurer's cash and to
ascertain the amount and kind Of the
county funds on hand and on deposit,
and the condition of the several
accounts of the county, with the
following results:
Morris tribune., 1897-08-04
South or East. Which.

When Q trip is contemplated it is
we'll to prepare in advance in order
to avoid little Inconvenience which
are often annoying. The two fast
trains leaving Minneapolis and st.
Paul daily via Wisconsin Central
lines for Milwaukee and Chicago
make close connections with. trains
East and South. Being elegantly
equipped with sleeping cars, parlor
cars and day coaches, they are fully
appreciated by the travelling public.
Your nearest ticket agent will give
you complete information and furnish
you folder of the Wisconsin Central
lines.
JAS. G. PoND, G.. p. A.
Milw allkoA. Wis.
Morris tribune., 1897-08-04

When the spring time comes, "gentle
Annie, like all other sensible persons
will cleanse the liver and renovate the
system with DeWitt's Little Early Ris-
ers, famous little,pills for the liver and
stomach all the year round. HuIburd &
Morris tribune., 1897-08-04

DR.. Miles Nerve plasters for rheumatism.