davidaulloa/AmericanStories huggingface dataset:
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1898-11-10
ATTORNEYS LIEN.
Supreme Court In This Case Says It
7 Is Good.

Is Good.
IN the case Of the Victor Gold Mining
company vs. the National Bank of the
Republic, the opinion was written by
Justice Bartch and concurred in by
Chief Justice Zane and Justice Miner.
The question involved was an attor-
ney's leu on judgment for costs.
\ The case of the Victor Gold & Silver
3S1ining company VS.. the National Bank
f5f The Republic, was originally tried
z before Judge William II. King in Pro-
NO. December, 1895.
On appealing the case the mining
company was unable to furnish the
amount necessary to perfect the ap-
peal It's attorneys, Brown & Hender-
son, however, came to the rescue and
advanced the required amount.
The case was reversed by the appel
lace court and a decree entered award
ing costs to the plaintiff company. The
costs We're taxed at S242.SS, but the
clerk refused to issue execution, claim
ing that the costs had been offset
against two other judgments, which
had been recovered against the mining
company. Counsel for the defendant
bank moved that the court enter a sat
lsfaction of the judgment for costs, SO
taxed, in accordance with the supreme
court decision. Brown & Henderson
resisted the motion, presenting affida-
Wits showing they had advanced the
money and contending that they were
entitled to lien on the judgment.
Judge Higgins held that the attor-
neys had no right whatever in the costs
paid by themselves, and made an order
offsetting the costs against the judg-
rnents. From that judgment Brown G.
Henderson and the mining company
appealed.
The court finds that the attorneys
were entitled to be reimbursed for the
expenses incurred and that they had
a lien on the Judgment paramount to
all other claims.
Upon the question whether or not an
attorney is entitled to a lien upon a
judgment obtained by him for his serv-
ices in obtaining it, the court refrains
from giving an opinion, but adds that
ths authorities, especially in this coun-
tAg, on the question of an attorneys
IieF at common law on judgment are
Not harmonious.
The court then orders a reversal
with directions to the lower court to sci
aside its order and decree in the prem
Uses.
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1898-11-10
Opinions Handed Down By the
Supreme Court.
DISTRICT COURT GRIND
MRS, COLLINS ENTERS COM
PLANT IN DIVORCE.
B. C. scovelle Gets Judgment
Against the City For 1925 By
Stipulation-Mrs. Harriet E. Cook
Young's Estate-Suits Filed and
Miscellaneous Court Notes.

Three opinions were yesterday handed
down by the state supreme court, all of
them reversais. The cases are Lorenzo
Lisonbee, appellant, VS.. the Monroe and
South Bend Irrigation companies; Vic
tor Gold & Silver Mining company VS..
the National Bank of the Republic ct
al, respondents, and Brown & Hender-
son and the Victor Gold & Silver Min
ing company, appellants; Pleasant
Grove City VS.. Artemus Holman, ap-
pellant.
In the case OF Lisonbee VS.. the Mon
roe and South Bend Irrigation COM
panies it appeared that the plaintiff in
June, 1897, sued the defendants for an
injunction and to recover S515, dam
ages alleged to have been sustained by
him on account Of his land being over
flowed by water from surplus canal
ditch conveying water to the Sewer
river, which canal is owned and oper-
ated by the defendants.
The case was tried before jury,
which found that Lisonbee had sus-
tanned no damage, and Judge McCarty
denied him injunctive relief From the
verdict of the jury and the Judgment
of the court plaintiff appealed.
The supreme court found that the de-
PENDANTS did not use sufficient precau-
ton in the construction and repair of
their surplus ditch. and that damage
to plaintiffs land was caused by the
flow of the water, though to what eX-
tent was q difficult question to solve.
One error cited was Judge A1cCarty
requiring plaintiff to have his witnesses
sworn and put on the stand, his attor-
ney having offered to prove certain
facts, so that the admission Of ques-
tions and answers might be ruled upon.
The court holds that Judge McCarty
was right in the position taken.
Plaintiff also took exceptions to the
remarks Of Judge McCarty, made dur
ing the progress of the trial, which was
assigned as prejudicial error. The
court holds that it did not prejudice
plaintiffs case with the jury, and adds:
THE court has the right to maintain
its dignity and reprove or rebulke coun-
sci for language and conduct tending
to bring it into contempt, or, in a
proper case, to punish by fine, and, in
some cases, Imprisonment. Counsel
should be respectful, and the court
should preside with dignity and pro-
priety. Counsel also has rights which
the court should at all times respect"
Numerous other errors were assigned,
which the court considered, but were
not deemed of sufficient Importance for
a special examination. A reversal is
accordingly ordered, with directions to
Judge McCarty to grant a new trial.
The opinion is written by Chief JUS
tice Zane. Justices Bartch and Miner
concur.
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1898-11-10
The Oregon Short Lines Consulting
Engineer.
j. H. BERRY IS APPOINTED
CIRCULAR ISSUED BY GENERAL
MANAGER BANCROFT.
Passengers Still Delayed On the Cen
trail Pacifc-Union Pacific Will
Not Bid In the Denver G Gulf
system-Colonel Dodge, President
Of Rio Grande Western, Coming.


J. B. Berry, chief engineer of the
Union Pacific, has been appointed con-
sulting engineer of the Oregon Short
Line. Such was the announcement
contained in a circular issued by Cen
eral Manager Bancroft yesterday.
The circular was dated Nov. s, and
the appointment was effective from
Nov 4.
There were some railroad men who
thought they saw in this appointment
the beginning of the Union Paciflcs
alleged policy of gradually reaching
over into Short Line affairs, but there
seems to be no grounds for such belief
Consulting engineers are very often
appointed and they have no further
authority than to render advice. The
appointment cannot in any way be con-
strued to mean that this department
of the Short Line will be interfered
with.
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1898-11-10
QUESTION OF JURISDICTION
In Pleasant Grove City vs. Artemus
Holman.

In the case Of Pleasant Grove City VS..
Artemus Holman, appellant, Judge
Miner wrote the opinion, which was
concurred in by Chief Justice Zane and
Justice Bartch.
The suit was brought in the Justices
court TO recover an amount for water
tax levied by the corporation. The de-
PENDANT answered and denied the city's
right to levy and collect the tax, but
omitted to verify his answer. The jus
tice held that the answer raised the
question of the validity of the tax, and
that he had no jurisdiction of the case,
and 50 certified to the district court,
where the case was tried and a motion
to remand 1t to the justices court was
overruIed, and from this order the ap-
peal was taken.
The supreme court held that the an
swer of defendant not being verified,
the question OF the validity of the tax
was not at issue before the justice, and
that it was wrongfully certified to the
district court by the justice, and, fur
Their. that the district court could not
obtain Jurisdiction in a case wrongfully
certified by the justice. The court fur
Ather holds that the motion to remand
Should have been granted, and orders
= reversal.
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1898-11-10
POLICE ETCHINGS.

Charles H. Chapman, the young man
who in connection with Joe Peterson,
is accused of stealing a horse and
buggy from Charles Wilcken, was given
a hearing yesterday by Judge Tim
mony, who ordered him held to the
district court under 300 bail. He was
taken to the county Jail. Peterson, who
is held at Pennington on another case
of DEMONSTRATING, made confession,
duplicating Chapman with himself in
connection with the Wilcken theft, and
was brought down yesterday to testify,
but when placed on the stand he re-
fused to give any evidence of an in
eliminating character.
P. T. Poulson came up from Sandy
to vote Tuesday, but imbibed too free
ly of tanglefoot and was thrown into
the city jail. He came before the bar
yesterday.
How did you voter" inquired Judge
Timmony.
wei, if you had voted the Demo-
cratic ticket I think 1 should have
fined you, but as it is you are dis
charged replied his honor, evidently
thinking that the man had suffered suf-
ficiently from political humiliation, and
wishing to throw healing balm upon
Dennis ElCA1cIs WIZ udppSueu 10 ne
present.
@ 8 @
For committing an assault and bat
terry upon Jack Simpson, a newsboy,
Tuesday night, Fred Brown was fined
$40, which he is liquidating in Jail. The
case against Joe Budd for taking a
hand in the fight was dismissed.
o g g
Charles Cramer forfeited 81 for run
ming his bike unlawfully.
The case against Arthur Wilson,
charged with assault was dismissed
g 9 g.
The charge of housebreaking was
filed against Ernest Jarvis, a boy u
years of age, in Justice Nielsen's court
yesterday by Charles z. White, who
declares that the lad entered his resi-
dence, SAC West Second North street,
and stole some articles.
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1898-11-10
DEATH Of PERTIE BRETT.
After An Operation For Appendicitis
Performed Monday.

Berthe Brett died from the effects
of an operation for appendicitis yes
terday at .. m. The operation was
performed at the Holy Cross hosDital
on Monday by Drs. Niles and Cannon,
assisted by the post surgeon. The
young man was taken i'll on Friday
evening and grew worse up to the time
of the operation, from which he
scarcely rallied.
1882. He was the son of Captain
James and Sallie Powers Brett. His
future was most promising one and
the parents are griefstricken over his
sudden demise.
The funeral services will be held to-
day at D. m. in the post chapel and
interment viii be in the post ceme-
terry. Friends are respectfully in
.vited.
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1898-11-10
IN THE SOCIAL REALM.

Mrs. William W. Ritter and Mrs.
Charles Henry Wells have invitations
out for a reception on Saturday from
until 5, at the home of Mrs. Ritter.
The ladies of the Central Christian
church will give musicale this even
ing at the church parlors. The pro-
gramme will be an entertaining one,
those who will assist being Mrs. Jolly,
Mrs. Reed, Mrs. Andrews, Miss May
nard, Mrs. Bagley, Miss Gray, Miss
Clayton, Mr.. Ashworth and the Yukon
cuartette.
Salt Lake Council No. 1917, Royal Ar
canums, will give a social in the hall
on the fifth floor of the Auerbach build
ing. this evening. A good literary pro-
gramme has been prepared, and there
will be refreshments served One OF
the chief objects of the affair is to ac-
quaint prospective members with the
workings and objects of the organiza-
ton.
Mrs. J. H. Macmillan of Ogden was
in the city, guest of her son, j. II.
Macmillan. jr.' yesterday.
The regular Wednesday evening
social at Christensen's hall last even
ing underwent q change for the bet
ter. Hereafter Wednesday evening viii
be a club party. and no transient"
dancers will be admitted. The club al
ready numbers about 30 members who
have taken season tickets, thereby in
surfing good attendance, and judging
by the apparent enjoyment of those
present last evening the whole series
will be very pleasant reunions. Tne
Young Mems Mutual Improvement as
ISOLATION will give a ball on the 18th
instant The Bachelors ball, which is
to be grand affair, is booked for the
near future.
@ o @
SQUIRE Coop came down from Ogden
on the delayed train last evening.
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1898-11-10
JUDGMENT AGAINST THE CITY
In Favor of r. c. Scovelle For $325,
BY Stipulation.

The case of r. c. Scovelle VS.. Salt
Lake City was yesterday settled by a
Judgment being entered for the plaintiff
for 1925 by stipulation. Mrs. Scovelle,
wife of the plaintiff, fell on a slippery
sidewalk opposite the Western Union
Telegraph office while carrying her
baby in her arms. The child was Sc
verely hurt, and suit on its behalf was
brought against the city and Judgment
for $500 obtained, which was affirmed
by the supreme court. The father then
brought the suit which was settled
yesterday to recover the money spent
by him in doctoring and nursing the
child.
Messrs. Powers, Straup & Lippman
were the attorneys for the plaintiffs in
both cases.
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1898-11-10
PASSENGER ASSOCIATION,
Another Meeting to Be Held This
Month.

Denver, Nov. 9.-The matter of form
ing new western passenger associa-
ton, with headquarters at Omaha or
Denver, will be brought up again this
month at the postponed meeting to be
held in this city. The meeting was to
have taken place at Omaha on the 25th.
The passenger departments of the Gulf,
Midland and Rio Grande railways have
been invited to delegate representatives
to attend the meeting. An effort will be
made to include all of the transmits
souri, lines and to locate headquarters
in Denver.
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1898-11-10
TRANSFERRING PASSENGERS.
The Central Pacific snowshed Fires
Were Serious.

Passengers who come through over
the Central Pacific say the damage to
the snowsheds near Truckee is consid-
cradle, and it will still take several
days until trains can be sent through
The company now transfers all pas
sengers with a delay of only two
hours. The distance by trail across
the damaged place is only 1890 feet,
While it is necessary to haul the bag
gage a distance of about five miles
Passengers generally prefer to walk
as the trail is good and there is as yet
no snow in the mountains, thus making
it rather a pleasant diversion, after a
long ride, provided one does not mind
the delay.
Western mails are now coming in
three hours late, and WI continue to
DO so until the debris has been re-
moved from the burned tunnel and
the track put in shape for traffic.
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1898-11-10
Mrs. Harriet E. Cook Young's Estate

A petition was yesterday filed in the
probate division of the district court
by Oscar B. Young of Provo, asking
that he be appointed administrator of
the estate of the late Harriet E. Cook
Young.
It is set out in the petition that Mrs.
Harriet e. Cook Young, a wife of the
late President Brigham Young, died in
testate on Nov. 5 of this year, at the
age of 70 years. That She had stand
ing in her name real estate of the
value of $4,000 from which she re-
celved an income of 1922 year, but
that although the said real estate was
in the name of Mrs. Young, it really
belonged to the petitioner.
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1898-11-10
DISTRICT COURT.
Mrs. Collins Sues For Divorce and
Custody of Child.

Frances Collins has entered suit for
divorce from Loscoe Collins, alleging
that the marriage took place at Coffee
YilIe, Kan, May "a, 1884, and that the
defendant has failed to provide his
wife and daughter, Ethel, aged IL
Fears with the common necessaries of
ife. IT is ALSO ALLEGED that owing to
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1898-11-10
A New Arrangement.

Judge: Dorothy had been taken to
the hen house. and had seen the hens
on their roOsts, which were arranged
one above the other. On re-entering
the house, she exclaimed delightfully."-:
"Oh, mamma! grandpa's got a whole
bookcase full of hens
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1898-11-10
DENVER & GULF.
The Union Pacific Will Not Be q
Bidder.

The Denver & Gulf system will be
sold on Nov. IS, and it is now said
the Union Pacific will not be d bidder,
as has generally been supposed. Rail
road men we'll posted on the situation
say there is no possibility Of the
Union Pacific regaihing control of
Union Pacific does not want it and is
satisfied to see it go into other hands.
The Denver Republican is authority
for the statement that the reorganiza-
ton committee and others interested
in the road will bid the property in
and, after the sale, make a tour of
inspection of the entire line.
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1898-11-10

Strong, steady nerves
Are needed for success
Everywhere. Nerves
Depend simply, solely,
Upon the blood.
Pure, rich, nourishing
Blood feeds the nerves
And makes them strong.
The great nerve tonic is
Hoods Sarsaparilla,
Because it makes
The blood rich and
Pure, giving it power
To feed the nerves.
Hoods Sarsaparilla
Cures nervousness,
Dyspepsia, rheumatism,
Catarrh, scrofula,
/ And all forms of
Impure blood.
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1898-11-10
COLONEL DODGE COMING.
Vice President of the Western Will
Arrive Today.

Vice President Dodge of the Rio
Grande Western will arrive here today.
Superintendent Welby went south to
meet him yesterday, and they will come
in on special car today. Colonel
Dodge will make an inspection of the
line and will spend several days in the
city.
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1898-11-10

his profligate habits the defendant is
unfit to have the custody of the child,
and Mrs. Collins asks for a decree Of
divorce and that she be given her lit
tie daughter.
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1898-11-10
Slow Progress.

washington Star: DO you play
golf?'
yes answered Miss Cayenne, "I
play it little, but / haven't yet
learned to talk it,
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1898-11-10
Puncture Proof.

Cincinnati Enquirer: Wrathful
Buyer-Look here! You call this a
puncture proof tire? Look how it has
fiattened out.
Placid Dealer-Yes, that is the pune
tire proof
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1898-11-10
THE EXCELLENCE OF SYRUP OF FIGS

is due not only to the originality and
simplicity of the combination, but also
to the care and skill with which it is
manufactured by scientific processes
known to the CALIFORNIA FIG SYRUP
Co. only, and we wish to impress upon
all the Importance of purchasing the
true and original remedy. As the
genuine Syrup of Figs is manufactured
by the CALIFORNIA FIG SYRUP Co.
only, a knowledge of that fact will
assist one in avoiding the worthless
limitations manufactured by other par
ties. The high standing of the CALI
FoRNIA FIG SYRUP Co. with the medi-
cal profession, and the satisfaction
which the genuine Syrup of Figs has
given to millions of families, makes
the name of the Company a guaranty
of the excellence of its remedy. 1t is
far ia advance of all other laxatives.
as it acts Cl the kidneys, liver and
bowels without irritating or weaken
ing them, and it does not grippe nor
nauseate. In order TO get its beneficial
effects, please remember the name of
the Company
CALIFORNIA FIG SYRUP co.
SAN FRANCISCO, Cal.
LOUISVILLE. Ky. NEW YORK. n, Rs
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1898-11-10
The Delicatessen Cafe

Merchants lunch. IL to 8; dinner, to
s; % cents. 127 Main.
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1898-11-10

sAN FkANCIsCC, Cal.
LOUISVILLE, Ky. NEW YORK. ME-
The age-herald., 1898-10-27
THREE MEN KILLED.
Result of Rear End Collision on Union
 Pacific Railroad

Omaha, Neb., October 26.-A rear-end col lision on the Union Pacific railroad today resulted in the death of three men and the serious injury of one other. The dead:
 SAMUEL TIINDMAN, engineer.
 WILLIAM RANAN, fireman.
 B. SHANNON, brakeman
 Seriously injured:
 John Griffin, brakeman.
 An extra freight train standing on the sidetrack and the switch being left open, freight No. 27, going at a good rate of speed, crashed into the rear end of the ex- tra. The engine was badly wrecked and four freight cars reduced almost to kinding wood.
 Samuel Hindman, engineer of No. 27, was taken from the wreck unconscious. He died this afternoon. William H1nan, the fireman, was caught in the freight cars, being wedged in between timbers and parts of the engine. It was half an hour after the collision before he was extracted. He died little later. John Griffin, brakeman of the extra, was caught between the cars and sustained serious injuries.
 BrakemGn shannon was fatally injured, being thrown from the car to a considerable distance.
The age-herald., 1898-10-27
RAILROADS TAXED
 TO HANDLE IRON
Stocks in Furnace and Warrant
 Yards Being Drawn On.
EXPORT SHIPMENT IS HEAVY
Sloss Iron and Steel Company Sends Away Ten Train Loads of the Raw Material-The Mar
 ket Remains Good.

The railroads are still taxed to their full capacity handling pig iron and coal out of Birmingham. Nearly all of the pig iron now being shipped is for export purposes Consequently nearly every freight train running to the gulf ports is being run In from two to five sections.
 Some idea of the magnitude of these pig iron shipments can be obtained from the statement that the Sloss Iron and Steel company will today complete the shipment of 4,75O tons of iron from this district since last Friday. It required about 29S cars to handle this amount of iron, or estimating twenty-five cars to the train, about ten train loads which one furnace alone has St'oped out of the district in less than week. 1. ltaShi TWO thousand tons of this amount was shipped to Brunsws~z. Ga, where it will be exported to Liverpool. Another Liverpool shipment of l5O tons went by way of Pen- sacola- Two shipments, one of 600 tons to Genoa and another of TOO tons to Manches- ter went by way of New Orleans. The Louisville and Nashville railroad handled all of these shipments. A third shipment of 900 tons went over the Southern to Mobile, where it will be exported.
 E The Tennessee Coal, Iron and Railroad company, the Pioneer Mining and Manufac- turing company, and the Woodward com pany are also shipping the raw pig in great quantities, though the exact figures are not at hand for publication. The price of iron is very good and, of course, all the furnaces are making the most of it. Nearly every available furnace in the district is i'll blast.
 These heavy shipments from Birmingham are more than all the furnaces of the dis trict combined can make, and consequently the stock in the furnace and in the war rant yards have to be drawn on heavily. The following figures show the rapid dc, crease in the furnace yards for Georgia and Alabama since last August: August, 1O2,i2O; September l. S9,392; October, 1, 73,4iS.
 There has also been corresponding de- crease in the stocks of the warrant yards.
The age-herald., 1898-10-27
ANNUAL CONVENTION
Of Advocates of Municipal Improve
 ments Meets in Washington.

Washington, October 26.-Advocates of municipal improvements in various cities in this country and Canada met here to- day in attendance at the fifth annual con- vention of the American society of munici- pal improvements. The attendance was rather small at the opening, but more dele gates are expected. The features of the morning session were an address of well come by Hon. John B. Wight, president of the board commissioners of this district. and the response by the president of the society, Harrison Van Duyne, of Newark. N. J. MT. Van Duyne said that coincident with the advance in city development the past few years was the increased value of the franchises that had been given to many companies and which, the president said, shared only small part of the pub- lie burdens properly belongine to them,