davidaulloa/AmericanStories huggingface dataset:
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1898-10-09
Its Application In the Matter of
AffidavitS
RAISED TN BURKE VS.. RYAN
PLAINTIFF CONTENDS THE LAW
Is UNCONSTITUTIONAL.
Point Came Up On Motion For New
Trial and the Court Took 1t Under
INSTRUMENTATION to Prevent
the Collection of an Assessment
On Crown Point Stock.

Counsel for Peter Burke, in the case
Of Burke VS.. Ryan, raised a point in
the hearing on motion for a new trial
yesterday. before Judge Hart, who sat
as trial judge in the case when it was
heard in this city several weeks ago,
novel and interesting
Defendant asked for a new trial on
the grounds of errors in the law and for
the further reason that new evidence
had been discovered. Numerous affida-
Wits were submitted. together with a
counter affidavit, which alleged that all
the dispositions made by the atlantis for
the defense were liars, the sweeping
statement being made by the defend
ant, Burke, himself, and one Conover.
Colonel Ellis of counsel for Ryan, OBJ
jected to the introduction of the Burke
and Conover affidavits, on the grounds
that they were too late; that he had
not been asked to extend the time for
denial of aff;davits tending to introduce
new evidence, and then offered his afi-
daVits.
Senator Brown and P. j. Daily, coun-
sci for Burke, at once offered an OBJ
lection to the filing and admission of
the affidavits, on the grounds that the
jurat did not bear the 10 per cent rev.
enue stamp, and therefore the doeu-
ments were not legal and were mad
missible.
The authorities quoted were not nu-
merous. consisting of section s of the
law which provides that stamps must
be affixed to affirmation and oath and
that such jurats were not to be admit
ted as competent evidence; in fact, are
inadmissible unless the stamp is af-
fixed.
Colonel Ellis and Judge Dey both took
the ground that the provision Of the law
was unconstitutional and held that the
supreme court of the nation had so de-
cided in a former case, where this mat
ter was sought to be maintained, it be-
ing in the revenue law enacted for the
purpose of raising revenue for the car
rying on of the war of the rebellion
The supreme court had held that it
would be in the power of congress to
stop all the machinery of the state
courts, and that a tax of SO might be
levied as we'll as 10 cents; therefore the
act was declared unconstitutional
Senator Brown and Mr.. DAILY main
tanned no such decision had ever been
made, but the court did not agree with
their contention and admitted the aft
davit.
Ryan introduced evidence tending to
show that since the trial of the case
the plaintiff had admitted he stretched
the truth in order to win his case, and
that the evidence he had given was not
altogether of a pure and truthful ma
cure, and was given for the sole pur-
pose of winning the case. Plaintiffs
affidavit contradicted all the allegations
in the affidavits filed for the benefit of
the court, and was supported in one in
stance by the statements of ConOver.
AT the conclusion of the argument,
the court took the case under advise
ment, and will announce decision
early this week.
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1898-10-09
HERE AND THERE.

O. M. Alfred. member of Captain
Wash Youngs company in the Second
volunteers of Torrey's rough riders re-
turned over the Union Pacific yesterday
afternoon from Jacksonville. Fla, where
the company has been stationed. He did
not get into Cuba and participated in no
engagements He leaves this morning
for his home in Beaver.
Visitors from all sections of the United
States registered at the mining exhibit
yesterday. The following states were
represented: Nebraska, Illinois, Idaho
New York, New Jersey Ohio Pennsyl-
vania. Nevada, Tennessee Wisconsin,
Massa chusetts. Wyoming. Colorado, Cali
fornia, District of Columbia Iowa, Rhode
Island, Kansas and Montana.
The state board of examiners yesterday
had under consideration the matter of
allowing the claim of B. A. NJ Froiseth
in the sum of S.009 for 100 copies of his
new sectional and Typographical map of
Utah, the purchase of which maps was
authorized by the last legislature. Thera
are some errors and defects in the map
and until these are artistically corrected it
is hardly likely that the claim will be
allowed. After the purchase is made each
county ard the several state institutions
will receive copy of the map.
The funeral of the late John NJ Easton
will be held this afternoon. 1t was Ia
be permitted to see him after he had
passed away, also that friends. should
send mo flowers, and that his funeral
should be strictly private. Street cars will
leave corner of Main and Second South
at 2:15 to take travelling men and other
the grave in Mt. Olivet cemetery. The
services viii be conducted at Mt. OIivet
cemetery by Argenta Masonic lodge, of
which deceased was member.
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1898-10-09
CROWN POINT CASE.
Action to Prevent the Collection of
An Assessment

The case of G. NJ. Jackson VS.. the
Crown Point Mining company of Utah
was on in the equity branch of the dis
trict court yesterday afternoon. This
is an action in which the plaintiff seeks
to enjoin the sale of stock declared de-
linauent under an assessment levied on
or about the Ord of July. including $500
shares belonging to Jackson, being adj
vertised for sale on the 18th of this
month.
Plaintiff alleges that some time dur
ing the month of May meeting of the
stockholders was held, at which the
number of directors was increased from
seven to nine, and that these nine met
and levied the assessment, which is ille-
gal, for the reason that the amendment
was never filed with the secretary Of
state, as provided by law.
This latter claim is admitted by the
Defense but a contention is set up that
such amendments do not have to be
filed, therefore the assessment is legal.
At the conclusion of the argument,
the court stated that the contention of
the plaintiff is new one to him, and
that he would take the matter under
adviSement. His decision will be an
nounced on Tuesday morning, at which
time it may be possible the court will
ask for other arguments on the balance
of the allegations set up in the COM
plant, which the defendant does not
specifically deny.
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1898-10-09
WON BY ALPEN.
An Extraordinary Event In Western
Horse Racing.

Chicago, Oct. S.-The Station stakes,
the richest prize competed for in the
western tracks since 1894, was won to-
day by Alpen, one of the three colts
sent to the post by the Fleischmanns
of Cincinnati.
Cleverly ridden by Maher, the east
ern lightweight jockey, the colt won
the race in a drive from Miss Marion,
a FLY owned by Barney Schneider of
st. Louis and F. H. Burnett of Chi
cago. DR.. Eichbery, another of the
Fleischmann entries, finished third, five
lengths behind Miss Marion. The Bar
rister took the lead at the state. AT
the end of the first furlongs Miss Mar
ion was in the lead, with Alpen in
second position, going easily, and Sea
Lion third. Miss Marion then pro-
ceeded to open a gap of four or five
lengths, but Maher did not make a
move on Alpen until the field was
Strengthened away for home. Then he
settled down and drove. AT the eighth
pole Alpen was on even terms with
the st. Louis FLY. Then commenced
the race. AIpen showed a disposition
to bear in and Maher had considerable
difficulty to keep his mount from foul
ing Miss Marion on the outside. Dull
lin, on the fly finally Strengthened up
and took her outside. and driving fur
iously, gained a half length on Alpen
before the finishing line was reached.
Alpen, however, was three parts of a
length ahead at the wire. Time-1:1S1a.
This was good, considering the condi-
ton of the track. Summary:
First race, mile and a sixteenth
Marta, to 2 won; Mr.. Easton, 2 to 1,
second; Prestra, third. Time-1:55%.
Second race, seven furlongs-Verify,
to 1, won; Nivoce. 10 to l, second;
Timemaker, third. Time-1:33
Third race, six furlongs, the stallion
stakes, $1,000 added, 2-year- olds-Alpen
won DIETING FleiSchmann entries even,
6 to for place.; Miss Marion, to 1,
second; Dreichberg third. Time 1:181a.
Fourth race, two miles-WinSIoW,
to 2, won; Bethlehem Star, 3 to 2, sec
ond: Hosi third. Time-3:A
Fifth race, full course. steeplechase-
Paulist, to 3, won; Jezebel, to 5,
second; Master Fred third. Time
4:3S1a.
Sixth race, mile and a sixteenth
Hampden, s to 1, won; Eli Dad, even,
second; Her Favor third. Time-1:55.
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1898-10-09
Elected Senator of Oregon By a
Clear WaIkoVer.
AN INTERESTING CASE
CONTEST WHICH HAS BEEN CAR
RED ON FOR TWO YEARS.
Against the Recommendation of
Governor United States Senate Re
fused to Confirm Corbett-Demo-
cratic National Executive Com
mittee Appointed-Political News.

Salem, Ore, Oct. S.-Hon. Joseph ST.
mon OF Portland was today elected
United States senator by the legislature
in joint session, to fill the vacancy
which has existed since March 4. 1897
mr. Simon received the entire vote OF
the Republicans. The ballot stood:
simon, 81; Kincaid, %; Bennett, 2; alb
senB l.
.fhe contest which ended today by
the election of Mr.. Simon has been car
RED on for two years. The legislature
which convened in January, 1897, should
have chosen a SUCCESSOR to Senator j.
IL Mitchell, whose term expired in
March. 1881, but the lower house was
never organized, and consequently the
session expired beyond limitation, and
80 vote was taken for United States
senator.
Governor Lord appointed ex-senator
Z. ". Ccrbett 10 the vacancy, but the
United States senate refused to admit
him.
The legislature which was elected last
June was Overwhelmingly Republican,
and Mr.. Corbett was recognized as the
leading candidate FOR senator. Governor
Lord called an extra session of the leg
lSlatUre, which assembled Sept ,. Cor
bett received the caucus nomination
for seaator by majority of the men,
beTs, bat lacked ten votes of a ma
joljty of the legislature.
After Toting tour days for Mr.. Cor
bett, his friends becaDNe convinced that
he could not be elected.
A caucus OF all Republicans was
called last night, at which a letter of
Withdrawal was read from Mr.. Corbett.
a ballot was taken for senator, and Mr..
Simon received lei votes, or five less
than u majority OF the legislature Be
lcf Iy.a
making Mr.. Simon the unanimous
choice OF the caucus was put and car
ried.
When the joint assembly met today
he received the full Republican vote.
Mir. Simon is a Hebrew, and was born
in Germany in 1851. He came to New
York with his parents when only a
year old, and five years later came to
Portland. Ore. His education was re-
ceived III the public schools of Port
land. and in 1872 he was admitted to
the bar, having read law N the office
Of Mitchell & DolDh, both OF whom
served many years IN the United Stated
senate.
Since the financial question has be-
come = leading issue, Mr.. Simon has
peen an advocate of the gold stand
aud.
He es0oused politics in 1874, as a
member OF the county committee, and
his election as a member of the COM
mon council followed in 1877. In 1880
he was elected a state senator, which
position he has ever since held, with
the execution of an interim of two
years.
Eie has also been chairman of the Re-
publican state central committee, and
delegate to several national conven-
tiCns.
MIR. Simon is now a member of the
law firm Of Dolph, Mallory q Simon.
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1898-10-09
PROTECTION FOR SETTLERS.
Four Hundred Regular Soldiers Now
On the Scene. .t

st. Paul, Oct. S-Nearly 200 additional
troops will be scattered about the scene
of the disturbance near Leech lake with
guardSmen were sent up today by the
governor for the protection of Cass lake
settlers. At midnight a special train with
80 additional regulars from the Third reg
iment at Fort Smelling started for the
north. They will be there by morning and
will be placed by General Bacon where
they can best protect the country. This
will make 4UG regulars in and about
Walker and Leech lake.
Reports from the scene of the trouble
tonight indicate considerable uncertainty.
The dancing in Bear island is kept UP
and it is looked on as one of the principal
causes for apprehension Many Indians
have been seen going from other parts
of the reservation toward the island
Whether they will join with the compare
lively small number of the Bear island
Indians is not known. The Bear islanders
are claiming a victory over the soldiers.
and this may bring more recruits. Some
Of them undoubtedly are going peacefully
accompanied by their families which
would not be the ease were their inten-
tons hostile. However, a small number of
Indians could do much damage before be-
ing captured or killed. for the swamps
AMI lakes are so numerous and the general
conditions such that the soldiers, unac-
quainted with their surroundings, would
be unable to cope with the savageS.
An Indian is authority for the state
ment that their loss in the fight of Wed
nesday was six killed and two mortally
wounded. This same Indian says they
want to fight the soldiers. but not the
citizens
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1898-10-09
VOLUNTEERS READY.
Minnesota Battalion Awaiting Or
ders to Move.


st. Paul. Mimi, Oct. Sat army
headquarters today there is an air of
expectancy, but no movement. The
First battalion of the Fourteenth Min
nesota volunteers, Major Schaefer, has
been ordered to ass \ able at their var
ious cam0 headGuarlers and await or
ders to move, and the captains have
reported all ready to take the trains.
arrangements for which have been
made. so that all four companies can
be placed at various points around
Leec!. lake within five or six hours.
A letter received at the army build
ing today, dated Friday, from a reliable
lumberman near the Leech dam, says
that the Indians there are restless, ard
that there is s'-rious danger of depreda-
tons Their. are at this dam ten SOL
die rs md eour- or five civilians, armed
and ready to protect government prop
erty. They have well protected. quar-
tiers, and can hold their own against
an ordinary attack
The state will try it's hand at hel0-
ing to protect the settlers. The bat
talon of artillery militiamen will reach
Cass lake today, taking the place of
the Fourteenth regiment, whom the
government felt it necessary to reserve
for use under regular army orders.
The greatest danger is still believed
to be to the scattered settlers and lum-
bermen. Many of them have gone to
towns. and many have sent for addi-
uonal arms and ammunition, and will
try to protect themselves and their
property from marauderS. The Situa-.
ton is still serious.
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1898-10-09
Cornell'S Victory.

Ithaca, N. Y, Oct. S.-Corneil won a
decided victory by &c to over the Car
Isle Indians here today. Both teams
were weak in defense and strong in adj
vancing the ball. The Comedians, by
clever playing and ground interference
succeeded in rounding their opponents
ends for three runs of remarkable
length. Captain Whiting covered 30
yards for a touchdown and throughout
the game he seldom failed to gain. The
Indians made their only touchdown in
the first half by carrying the ball
through CornelIs lines. Metoxen, full
back for the Indians, was one of the
strongest line buckers ever seen on
Percy field.
In the second half there was more or
less foul playing. Both teams were
penalized for offside playing.
Coach Warner of Cornell decided that
his team was stronger than it was
year ago at this time.
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1898-10-09
TELEGRAPHIc BRIEFS.

The banks now hold SIS. 1860 in excess
of the requirements of the 20 per cent
rule. ~
An enormous fire at Redfern. the suburb
of Sydney, has destroyed the whole of the
area covered by business shops and
dwellings.
Steamship rates from sound points to
Swaguay. Dyea and Sitka have been cut
10 SO first-class and So second-elass, the
lowest ever made.
tween Puget Sound and Sydney, N S.
w, via Honolulu. The first steamer the
Garonne, will leave the sound Dec. l.
Lady Lillian Maud Churchill. sister of
to Mr.. Cecil Alfred .GrenfeI yesterday.
The Duke of Marlborough gave his sister
away.
Senior Sagasta denies that the United
States government has consented to de-
lay the evacuation OF Puerto Rico and
Cuba on account of the difficulties of
transportation.
Nominations for congress were made
yesterday: Twentieth New York Martin
II. Glynn, Democrat; Sixteenth New
York. r. j. Burns. Republican: second
Massachusetts, Robert h. Bisbee, Demo-
crat-
The story is current in Halifax that the
British government survey steamer
Bermuda to fit out and then go to
DelagOa bay. South Africa The
Rambler is a Second-claSs cruiser.
The most costly block of amusements
and stores on the beach front of Atlantic
City, was destroyed by fire early yester-
day morning within two hours of the
time the fire broke out. Twenty build
ingS, occupied by about 80 business were
burned and a half dozen families were
rendered homeless. The loss is esti-
mated at 100000.
The president has issued an executive
order amending the Cuban tariff so as
20 admit into all ports in the possession
of the United States duty free oxen for
draught purposes. bovine animals for
breeding purposes and immediate food
supply, plows and other agricultural inn
plements, not machinery. This arrange
ment is to be effective until otherwise
ordered.
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1898-10-09
NO GOLOV|H GOLD DISCOVERY
GRIEF AND DISAPPOINTMENT
OF KLONDIKE ARRIVALS.
Only One Man In the Party. Supposed
to Have Amy Gold Dust-What
Frank Dunlevy Has to Say.

Seattle, Wash, Oct. S.-The steam
from st. Michaels, Alaska, with 125
passengers, of whom about SO were
from Dawson City. They nearly all
had a small amount of gold dust, rang
ing from few hundred to few thou
sand dollars. T. j. Teeter, who will tell
no one where he came from, beyond the
is supposed to nave a lot of gold. Ae-
cording to Steward Brown, he spent a
great deal coming down on the boat.
Thomas Barker, who is accompanied
by his wife and two children. is the
owner OF some claims near Circle City.
He is accredited with $4,000.
John G. Green, who has been in
Alaska since 1881, is the owner of a
silver mine near Golovin bay. Mr..
opinion of the recent gold discoveries
on Golovin bay.
One of the most interesting pasSen-
gers on the Rival was Frank J. Dun
levy, who has visited all the big mining
camps Of the world. Dunlevy was the
organizer of the miners association
formed for the purpose of securing
what they considered needed reforms
in the administration of the Yukon
buliicNy says THAT ne viii WISH all the
principal cities in Canada, with the
purpose of arousing the electors to the
necessity of a parliamentary ipvesti-
CATION When shown the Associated
Press dispatch from Ottawa stating
that Gold Commissioner Fawcett had
been removed, Mr.. Dunlevy said
That will be welcome news to the
miners, who. although they do not inn
pugn Fawcett's honesty, regard him as
inefficient and lacking in executive ca
pacity."
Continuing, he said: The removal
of Fawcett, however. will not satisfy
the miners. IL certain abuses in the
way of granting concessions to fndi-
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1898-10-09
DEFENDED THE CHOIR.
APPEARED AS IF HE WOULD
GET INTO TROUBLE,
But Mr.. Johnson Came Off Better
Than the Other Fellew-other Po-
lice happenings.

Fifty men and several police officers
ran up Main street last night about
IL O'clock in hot pursuit of young
fellow named Daniel Johnson VINO
knocked down c. A. Nichols, near the
Walker house. Detective Sheets head
ed him of at First South while he was
on the dead run and took him to the
police station. His explanation or the
affair cleared him, in the eyes OF the
officers. from blame, and he was re-
leased. He said he was standing IN
front of the Mint saloon when man
came up and dropped very insulting
remark about the tabernacle choir.
Johnson has a sister in that organiza-
ton and this fact prompted him 20
reply with some very strong language
whereupon>the other party struck him.
johnson reiterated temporarily, but was
determined to have full revenge ana
follow him over to Main street, thence
south to near Third South, where the
opportunity came to deal mis- enemy a
blow on the head that leveied him to
the ground The affair was Witnessed
by a large crowd of people and caused
much excitement. Johnson SAID he was
very anxious to get out OF the way and
jumped onto a north bound street car
but that was too slow and he dashed
through Juc BetSSCA@CtS StAN
breaking away from the grasp of the
conductor. who with others had the i'm
preston that he had sandbagged VIC
tim. lie ran up Main. street with a
half hundred at his heels until at FlrsE
South he was stopped by Mr. Sheets.
Johnson was half scared to death at
what he had done, even after he was
seated in the police station and. as De-
tective Gillespie expressed it, he wasn't
through running yet. Although he
thought he served the man right, he
admitted that he was afraid of him and
upon leaving the hall he said he would
get away fast if he didn't meet that
fellow.
Mr.. Nichols appeared later and iden-
tilted himself as the other party to the
fracas. He was very much enraged at
being struck from behind by sand
bag, as he believed, and wanted to have
the fellow prosecuted, but this was
after Johnson had been turned loose.
AS to the commencement he did not
think his remark about the choir should
have brought forth insulting language
from Johnson.
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1898-10-09
Minor Games.

Annapolis, Md, Oct. S.-The Naval
Cadets defeated BuckneH college of
Pennsylvania today by II to o. Shea
and Fowler made tOuchdowns in the
first half. but Wade failed to kick goal
on the first attempt.
Chicago. Oct. S.-Northwestern Uni
versity, II; Beloit college, II.
Ann Arbor, Mich, Oct. S.-University
of Michigan, %; Kenyon college, O.
Philadelphia, Oct. S.-The University
of Pennsylvania football eleven today
defeated Brown by a score of Is to 0,
in halves of % and 20 minutes each.
Princeton, Oct. S.-Princeton, 5S;
Franklin and Marshall, 0.
Chicago. Oct. S.-Chicago university, 80;
Iowa university, 0.
Chicago. Oct S.-Harold c. Smith, 16-
year-old boy, today defeated two eX-golf
champions, c. B. Mcdonald, champion of
1895, and H. ]. Whigham. in 1895 and 1897,
by a score of 173 net against McDonald'S
1S5 and Whigham's IFS.