davidaulloa/AmericanStories huggingface dataset:
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1898-12-16
APPLY FOR WRIT.
VIII Try to Compel Hart to Hear
Morris Case.

County Attorney Van Colt yesterday
prepared the papers in the application
for a writ of mandate compelling Judge
Hart to empanei jury ofstwelve for
the purpOse'of hearing the case OF the
state VS.. J. r. Morris, charged with re-
ceiving a bribe.
The application is a formal one. in
respect to the language used, simply
setting up that Judge Hart consented
to try the case, and when the trial be-
gan was asked to empanel a jury of
twelve men, and declined.
An application for a writ of mandate
is asked. The application will be re-
sisted by Judge Powers, who appears
for Morris.
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1898-12-16
For False, Pretenses.

Charles Doe" bartender, has a case
of false pretense to meet in police court,
the complaint having been made by a
restaurant man, who alleged that he or
dered a meal, but refused to pay the bill.
Charlie admits he ordered the meal. but
says it was so long in being filled that he
could not remain. and went away.
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1898-12-16
Difficult Problem Now COnfronts It's
Officials.
CONFLICT OF DECISIONS
COURT ORDERS ADD TO DTFFI-
GUILTY.
Bond Interest Must Be Met and
Kaysville Officers Can't Levy
Tax On the While Municipality
Because of a Supreme Court De-
cision.
(special CorresnondenceN

KaysviIle, Dec. 15.-The officials OF
Kaysviile City are in dilemma from
which. at present, there seems to be no
way of eXtricating themselves. The en-
tanglement has occurred as a result of lit
igation that was instituted for the 9ur-
pose of determining whether or not the
city can exert municipal control over the
entire area of country covered by the
cnarter granted. For nearly ten years
the case has been in the courts in one
form or another. Efforts have also been
made to effect a settlement of the Diff
cultleS cut OF court, but in each instance
those who were fighting the city have
declined 10 compromise on the matter.
The fact that haysvifls City embraces
within its municipal boundaries the town
Of Layton Is the source OF the contest
Ephralnn p. Ellison. a prominent I4aycO
merchant has for ten years resisted the
payment of any form of tax TO the city,
declining. in fact. TO recognize the muni-
cipdl government in any manner. a tax
was levied il 1852 and Mr.. Ellison re-us-
ing 20 pay, the ease was carried TO the
territorial supreme court. which tribunal
decided against the city. or the grounds
that Mr.. Ellison was outside the range
of municipal benefits. The city would
probably have accepted that decision as
final but for the fact mat a bonded in
debtednesS of S5.glt existed. the bonds hav-
ing been issued prior to Mr.. EIlis9n's
SUIT, upon the entire area covered By The
charter.
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1898-12-16
a San Quentin Toneh.

John Jones, the tough man from San
Quentin, who was given two hours by
Judge Timmony to get out of town We'd
nesday. was run in again yesterday by
Sergeant Tom Hilton. He promised to do
up the town, and looks hard enough to
attemDt it.
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1898-12-16
HOTEL ARRIVALS.

At the Kenyon: H. G.. Ingersoll, Den
yer; George F. McArthur, Chicago; n. A.
Robertson, Eureka; w. A. Thatcher. New
York: w. f. Skinner, Helena; j. B. Gould,
Mt. Carmel: Dan D. Erwin, Muskegon;
J. S. Moody, Chicago; B. Goodwin, San
Francisco; James 1Vers and family, Park
City; 7. p. Strobe, Hill, Mont; James T.
Beeman, Canton: M. 3. Roberts, w. H.
Romano. New York.
@ q o
At the Knutsford: Max Kuhn, New
York; w. J. shinn W. H. Overlook, Kent
ner, City of Mexico; J.. South and wife,
S. Willis, Chicago; Eben Smith, Denver;
maugh st. Louis; John Arnett, San
Francisco; Frank Ramsden, Liverpool; j.
?. Coleman, Helena; Miss Anna Reigner,
Butte; L. n. Violette, Denver; r. D..
Huroom, New York.
At the Cullen: NJ. Y. Roberts, Spencer,
Ida; Louis Goldsmith. st. Joseph: Mrs.
NJ. G. Sullivan T. D. Sullivan, Dan Han
ley Eureka; II. c. Kirkman, New York;
NJ. M. Warner, Provo; A. H, Bemis, Bing-
ham; W. T. Snyder, Richfeld; L. Hol-
brook. Provo.
AT the Walker: John Lee, Telluride; l..
]. Romney, Lansing; A. Englehart, st.
Joseph; Y. S. Mayne. Ogden; 3. Jeffries,
A. M. Spooner, E. B. Sawyer, Mercur;
William Richards, Mercur; Thomas Nc
Gowan, Park City; e. [. Richardson, Og-
den; ]. ]. Gerlach and wife, Spokane.
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1898-12-16

Sick Headache absolutely and per-
pleasant herb drink. Cures constipa-
ton and indigestion. makes you eat,
sleep, work and happy. Satisfaction
guaranteed or money back. % cts and
so cts. For sale by q. c. NJ. I. Drug
Dept.
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1898-12-16
Hayne Elected Treasurer.

New York, Dec. 15.-At a meeting of
the Chicago, Rock Island & Pacific
railroad directors today J. E. Hayne
was elected treasurer in place of James
E. Phillips.
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1898-12-16
BUSINESS IN COURT.
Billings rs Parsons Dismissed For
Lack of Jurisdiction.

In the federal court yesterday the
case Of John E. Billings VS.. ex-Marshal
L. H. Parsons ct al. came up for trial
The suit was to recover damages for
an alleged illegal sale Of property under
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1898-12-16

IOLal 1880 81, 800 VI
The assets are put down as nil, with
the exception of a little property ex-
empt from execution.
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1898-12-16
A Natural Error.
Chicago Reeord.)

Whats the matter with Nora2"
81 secured her from mutual help Office
and she claims that 1 ought to do half her
work.
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1898-12-16

Inc total APPROPRIATIONS Tor all general
and special purposes made by the last
legislature was 81 O0556 Several special
evidence at the approaching legislative
session. and altogether it is believed by
some of the members-elect that the esti-
mate herewith given can be cut down
to any public interest The requisition
for SD, 600 for the national guard is. for
example likely to be entirely ignored
In the item given above $50 955 is for
permanent improvements for the uni
yersity, $4,000 for betterments in the in
dustrial school buildings. and $4,000 for
like purposes at the state prison
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1898-12-16
ESTIMATE OF STATE EXPENSES
OVER A MILLION DOLLARS
WANTED FOR ALL PURPOSES.
Statement of Needs For Salaries, Con-
tingent Expenses, Maintenance,
Etc, For Ensuing Two Years.

State AuGiso Richards has submitted
to Governor Wells for transmission to
the legislature an estimate of the ex-
penses of the state of Utah for the bien-
NAL period ending Dec. 81, 1900, made uD,
aside from salaries and permanent ap-
rious officers of state and boards of state
institutions. The total of estimated eX-
penditures is s1,029,250, for purposes stated
as follows:
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1898-12-16
JAMES VERSIONS PETITION.

Liabilities Stated at S11,ss3, Assets
Nil.
A petition in bankruptcy was also
filed yesterday in the federal court by
James Iverson Of Ogden. The petitioner
ifa l,fli+=ac fOIIov1-c.
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1898-12-16
80 - ~ LICENsEs.

For ten years thereafter no taxes were
levied. and the city government was con-
Quoted on revenues derived from licensing
merchants ara DINERS Inc interest," on
the bonds was met as best d could be-
TWO years ago the city's funds rau low.
9rd the Interest could E0t o. p d;
Shepard & Co.. of New York. who hold
Lne uCHCS, Ge1-aD0ed payment OF the IN
terest. ana finally brought suit to cOmpeIs
q settlement. The district court iSSl ed
q mandate iustructinS the city council
70 levy ana collect q tax to pay the de0E
and later the state supreme court affirmed
that judgment. In accordance with me
mandate d tax was levied This year. and,
as no new lines mad been jUdiciaNy deS.s-
mated. the entire CITY was StaXed. ID
order to test the city'S powers licenses
were demanded from Layton business
men, and again did they resist the CITY.
and the fires that had sInCldered for years
again broke out. The feeling between
Layton and Kaysviue people ran high.
and an Indignation meeting was held a.
Layton to protest against W hat Layton
people looked upon as persecution from
the city officers. but THAT was realty
deemed necessary III the performance on
their duty.
KAYSVILLE LOST AGAIN.
The suit on the question of licensing
Layton merchants was carried through
the district court, in which the city lost.
and upon a hearing in the state supreme
court, the judgment was rendered that
the city cannot collect license or any
other form of tax from Layton merchants
or O,her persons living remote from the
city proper, where municipal benefits are
not derived.
Thus the city officers are confronted
with two supreme court decisions that
conflict with each other to a degree that
renders it absolutely impossible to con-
form TO both. The mandate compelling
the levy of a tax could be Obeyed if the
court had designated the property upon
which such tax might be levied but in The
absence Of such instructions. and in the
face of the last decision the city council
is pOWerlesS 10 move. and yet they must
act or be adjudged in contempt.
The council has met several times this
week 10 consider the matter. but APP ar
emily insurmOuntable difficulties stand in
" Meantime the tax las been levied and
about One-Jhird OF it collected. The O-ner
twO-thirds Of the property in the city has
been advertised fOr sale.
A committee of kaySVlile business men
are thinking of taking the matter up with
a view of effect1ng q compromise by
which both Layton and kaysvilie people
viii pay the bonded indebtedness Of the
city. At a meeting held last evening
Levi Taylor, il, r. w Barnes and -
". Layton were appointed as a COM
mittee and they, will at once seek to ef-
feet the compromise.
This litigation has more than a local
significance, by reason of the fact that
nearly every city in the state is situated
cannot collect taxes. there is a chance for
suits all over the state. and. indeed. in the
opinion OF some. the very existence Of
thiTd-ciass cities is in Jeopardy The ad-
visibility of dfSincCrpOra1t kaySVllle
City IS being seriously considered.
The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1898-12-21
When in Butte lunch at Sherman's.
Dickson In Mistakes"

An important comedy engagement OF
the present season will be that of jacob
Lifts at the Margaret next
Friday. 1t Is one of the best comedies
thai the stage has seen in years that
they will present. II Is called Mistakes
VIII Happen" and IL from the pen OF
Grant Stewart. The play tells the story
Of a young actor and an actress, VINO
have beer married secretly. Their man
ager Directing to employing married
people i'm his company. The young hus-
band has written a play. on the produc-
ton of which he feels he will be in n
position to announce his marriage. Tn
fortunately. he finds IL exceedingly dif-
fcult to interest managers and he and
his wife determine to seek some one
with means who will be willing to back
the play. An elderly business man be-
comes Immediately interested In the
young actress. who tries To secure his
support for her husbands play. In the
meantime Mrs. Chase, his fiirtatiOus
young wife. has struck up a strong
friendship with the young actor. who
tries to interest her In his play. Weird
complications ensue. The sub-plot Is
furnished by the love affairs OF a Ger
man maid servant. who has a happy
faculty of doing the wrong thing at the
wrong time. A novel scene is provided
in the second act. The AS. Is headed
by Charles Dickson and Henrietta Cros-
a
The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1898-12-21
To-Day's Entries.

Following are the entries for to-day's
races at Ingleside, as posted by the To-
cal pool rooms:
First race five furlongs. purse-Fe-
licita, 100: Winnifred. 100: Earl lsling-
ton. l0S: Jingle Jingle, 10: Merry
Heart. 110: TIE Fretter. 1i3; Nora
Ives. IFS: silver Beaux. lis; Ann Page,
rs: Jerry Hunt. lis.
Second race. six ~furlongs, selling
The Flea. 80; Robert Bonner. IS; Cap
by. IS: Lady Britannia. %: Prince Ty-
rart. &c: Schnitz. ~; Highland Ball. 1906;
Hohenlohe. les.
Third race. mile, hurdle. selling. over
four hurdles-Major s. 1926: Baliverso,
1926: Durwad. l25: Octuruck. 125; Diabo-
nta. 1876: R~eddingtCn. 1856: viking. las;
Tortoni. 145: Rossmore. I52.
Fourth race. Croker stakes, mile
Baby King. iOl; Corsine. 1914: Head
water. lO7; Los Medanos. 10; Survivor.
10: Casdale. 10; Olinthus. ll5; san
McKeever. ll5; FIRST Tenor. lis.
Fifth race. six furl1ngs, maiden SELL
lng-Ygnacio. l04: Sokombes. l04; Sc
voy. l04: Defiant. lol: Credo. l04: Initia-
tor. 1O7; Texarkaua. l07. Henry c.. 100.
sixth race. six furlongs. selling-Wy-
oming. s.; Ed Garland H.. s6: Ricardo.
lOl: Midlight. lGi; cyril. 1O5: Nalen-
cienne. l05; Lord Marmion. los.
Weather showeTy; track sloppy.
The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1898-12-21

Word reached the Standard office late
last evening that. on Thursday fore
noon. a special funeral train viii leave
Butte at about 1880 o'clock for Warm
Springs. The train will run via Ana
conda. and will be for the accommoda-
ton of those who desire to attend the
funeral of Deer Lodge county's pioneer.
The special funeral train viii stop
at Warm Springs. where the body VIII
be placed aboard and hen will proceed
to Deer Lodge. Upon arriving In .hat
city the funeral procession VIII move
from the station To he cemetery.
At this time definite arrangements
have not been made with reference TO
the time the funeral train viii leave
Butte on Thursday. The exact hour
will be announced on Thursday morn
ing. The special train VIII be greatly
appreciated I'm this city. where so many
of DIR. Mitchelrs old friends reside.
Doubtless scores from Anaconda VIII
attend the funeral.
The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1898-12-21
NO QUORUM N.
City Council Meeting Fails to Matcrializs
Owing to insufficient Attendance.

The city council meeting which was
to have taken place last evening failed
to m~aterialize. only six of the alder
men being present. Those who showed
up were Mayor Lesser. Aldermen De-
vine. Stephens. Gangner, FITZPATRICK,
Mcguire and Collins.
The meeting had been called for 1870
o'clock and a special order of business
had been made of the fixing of the tax
in special Improvement districts where
sewers have been constructed. Tnls
was made a special order at the previous
meeting on motion of Alderman Collins
who raised the point that the interest
on the outstanding warrants was fast
reaching a considerable total n That
the people who were ready TO pay the
special tax should be given an oppor-
tunity to do so. .
The aldermen who were present last
evening waited until after $ O'Clock FOR
another alderman to show up. so that a
quorum might he had Chief OF Police
White searched the whole town over
for another alderman. but was unsuc-
cessful. He did finally succeed in hnd-
ing Alderman Jatk Hamill, but IL was
too late. as adjournment had already
been taken. The council adjourned UNI
I'll the next regular meeting night.
During the wait in the council cham
Der the aldermen enjoyed a discussion
of the coasting question and other IN
teresting subjects, which were finally
brought to a close by the adjournment.
The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1898-12-21
The News In Helena.

Special Dispatch to the Standard.
Helena. Dec. 2o.-The news that came
over the range to-day of the death at
Warm Springs of DIR. A.. II. Mitchell.
one of Montana's respected pioneers.
was a sad piece of intelligence to his
friends and acquaintance here, espe-
cially to the old timers who had known
him for a quarter of a century OF more
and had learned to appreciate his many
sterling qualities. From the lips Of
every pioneer with whom the Standard
reporter conversed came expressions of
deep regret at his taking of. All mourn
his loss as a friend and deplore his
death a a blow to the young state I'm
whose growth and advancement he had
played no inconspicuous part. Colonel
Sanders. Judge Pemberton. Judge
Knowles. Captain J. II. Mills and many
others of his lifelong friends pay tribute
90 his worth. Governor Smith. who had
many occasions TO M the lea mans
nobility of character. business energy
and other fine traits Joined with those
who had known him longer in paying
tribute. mingled with regret and sym
pathy for his bereaved family. c. G.
Birdseye of Avon. who was here to-day,
a known the deceased intimately
since the first time he came to Montana.
The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1898-12-21
BY DAYS AND DATES.
The Record of q Long and busy Life
Briefly Suinmed Up.

DIR. A. IL. Mitchell was born In Jener-
son county. Kentucky. oct. p. 1881. Ills
father was a prominent lawyer OF
Louisville a; that time-a Nirginian of
the old school. The early boyhood or
DIR. Mitchell was spent at the University
OF. Virginia. being four years In the
preparatory department.
While In his Junior year. being OF an
adventurous disposition, he ran away
from school and Joined a regiment. GO
ing to the Mexican war under Colonel
Humphrey Marshall. His father. hear
ing OF this e~scapade. instructed him to
come home. A few months later he did
so. and his father entered him for a
course OF medicine I'm Louisville. where
he attended at the jefferson college. and
graduated at the medical department
OF the University of New York city In
1859.
A. this time his father was conduct
ing a large sugar plantation on the
Brazos river. IS miles from Galveston.
Texas. The California mining excite
ment coming on about this time. young
Mitchell started for the West, visiting
for a short time his fathers plantation.
Proceeding westward. ne fingered for a
year I'm Mexico and finally landed In
San Francisco in the autumn OF 1883.
There he entered into an active specu-
latlve career. engaging i'm mining In
various parts OF the state. I'm addition
to his practice as n physician. and he
soon also became actively interested in
the political movements Of the times.
and i'm 1867 was elected To the state leg
islature. In 1853 he was reelected a.
the joint representative from Tulare
and Fresno counties. During all this
time he continued his mining and spec
ulative interests. He also operated a
large ranch. I'm connection with Jasper
Harold. buying and selling herds of cat
tie throughout the mining districts. His
partner l. still in California. being a;
this time a prominent anker at Nisalia.
Mr.. Harold sold his cattle interests
some time ago for more than 81. Geo. 600.
DIR. Mitchell. after selling his inter
ests in the cattle business. went TO the
Fraser river. British Columbia. the
source OF the gold excitement OF the
time. but finding the prospects there
unsatisfactory he returned to Califor-
mia. but he at length located at Aurora.
New, where he again engaged In the
The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1898-12-21
Judge Pemberton's Tribute.

To the Editor Of the Standard.
Knowing that Or. a. II. Mitchell had
been seriously III for a long time. I was
not surprised TO hear OF his death. but
I was not the less grieved. I have
known him for 80 years. intimately.
He was one Of u most enterprising
citizens. devoted to Montana. whose
development he had watched md as
sisted from her infancy. He was a
most earnest and loyal friend. His
family loses a devoted husband and
father: the state m Of it's sturdiest
pioneers and worthiest citizens. We
a III AFFORD to lose these grand men
who are passing so rapidly TO the un-
known and beyond the great river.
w. Y. PEMBERTON.
Helena. Dec. 90. 1898.
The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1898-12-21
MEN WHO KNEW HIM.

They Unite I'm Bearing Witness to DIR.
Mitcbell's Personal Worth.
Among the pioneers Of Montana are
many men with whom DIR. Mitchell en-
joyed a lifetime. intimate friendship.
These veteran citizens pay their tribute
ready spoons in the hearts Of all whose
good fortune It was to be numbered
among DIR. Mitchell's friends or ac-
quaintances. The following messages
are included among those which the
Standard has received:
The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1898-12-21

to Blackfoot City. "a years ago. 1t
was rather a coincidence that three
men who attended DIR. Mitchelrs we'd
ding at Deer Lodge In 1872 and who
were his staunch friends. Judge
Knowles. Captain Mills and c. @. Birds
eye. met at the same dinner table to-
night. &c years afterwards and upon the
day of his death. Ii Il hardly necessary
{ say hat the meeting. under the cir
cumstances, was a sad one.
The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1898-12-21
HAS THE BLUES
Will Be Tried for Insanity by a
Commission.
JUST OUT OF THE PEN
HIS Trouble Due to Melanchol,a-Sher n
Took Him Into Custody as Soon
as He Was Released From
the States Prison.

A complaint was filed yesterday In
the district court by the county attor-
ney charging Henry Wilson with insan
ity. The unfortunate nan will be tried
by a commission to-day.
Wilson has been a convict in the
states prison at Deer Lodge. and was
released only yesterday. The wardens
OF the penitentiary notified the sherins
office that Wilson was to be released
and informed them that he was insane.
The sheriff sent a deputy to Deer
Lodge and Wilson was taken In charge
as soon as he came out of the penl-
tertiary gates. He was brought to this
city and placed in jail, where he VIII
be held until his examination.
Wilson Is o violently insane. HIS
trouble is m~elancholia. and the condi-
ton Ct the poor fellow is pitiable i'm the
extreme. He seems to brood over MS
roubles all the time. and Is always
suffering from the blues"
No information could be obtained
from the sheriff's office concerning VII.
sen further than that given above. the
officers do not know for what crime
Wilson was incarcerated i'm the peniten-
tiary. nor from what county he came.
1t Is the opinion that Wilson VIII be
sent to the asylum, as II is said he is
sometimes in a very bad WAY. and the
authorities do not believe there Is any
hope for him other than a course OF
treatment at Warm Springs.
The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1898-12-21
His Former Towusmen.

Deer Lodge. Dec. eo.-Many and
heartfelt were the expressions of sor-
row and regret which were uttered by
the citizens Of our little town to-day
on the receipt Of the sad news of the
death. at Warm Springs. of u old
time and honored fellow citizen. DIR. A.
II. Mitchell. He had been a resident
of Deer Lodge for a third OF a century.
and he was one of the most progressive
citizens of Deer Lodge. He had stead
fast friends among all our people. who
will sincerely sorrow at the taking
away of so noble a townsman. The
Doctors life was one of constant actiy-
ity and his loss will be deeply felt In
the little community which his courage
and energy. during all his long resi-
dence here. had done 80 much to build
M. He leaves a wife and four chill
dren-Captain Paul. VIII m Harold
Mitchell. and a married daughter. Mrs.
II. II. Mears. to mourn his loss. The
sorrowing family have the heartfelt
sympathy of the entire community in
their deep grief.