davidaulloa/AmericanStories huggingface dataset:
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1898-11-13
Building and Loan Case.

The Peoples Building, Loan & Saw
ing association and H, L. Groesbeck,
appellants, VS.. Otis E. Fowble ct al;
opinion by Justice Bartch concurred in
by Chief Justice Zane and Justice
Miner.
The action was brought to foreclose
a trust deed on property in Ogden.
Judgment and decree was entered in
the lower court for the plaintiff for
1850. In rendering the judgment the
court refused to credit the defendants
with certain monthly payments of pre-
MUM, amounting to $512.5O, having re-
garded them as belonging to the as
ISOLATION, and as not received in eX-
tinguishment of the debt. The case
came up to the supreme court, where
it was decreed that the $512.50 should
be credited on the principal sum bor
rowed. While the case was pending the
property had been sold, and when the
remittitur of the supreme court was
sent down the lower court set aside it's
former judgment and entered a new
one, and denied the motion of the plain
tiff to set aside the sale, and from
that order denying the motion to set
aside the sale the appeal was taken,
with the result that the action of the
trial court was affirmed
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1898-11-13
Lower Court Affirmed In Three
Appeal Cases.
TWO WERE DAMAGE SUITS
HEAVY JUDGMENTS AGAINST
SHORT LINE RAILWAY CO.
Building and Loan Case Disposed Of
Morris Bribery Trial Now Set
For Dec. 14-Judge Norrell Con-
siders Himself Disqualified From
Hearing It-District Court Orders.

Three opinions were yesterday hand
ed down by the supreme court, all af-
firming judgments of the district court.
The cases are Williams VS.. Oregon
Short Line Railway company, appel
lants; Margaret Kennedy VS.. same de-
PENDANTS, appellants; the Peoples
Building, Loan & Savings association,
appellants.
In the case of Jonathan A. Williams
VS.. the Oregon Short Line railroad COM
pany, appellants, the opinion was writ
ten by Justice Miner and concurred IN
by Chief Justice Zane and Justice
Bartch. The suit grew out of the rail
road accident at A1alad Bridge, Idaho
The plaintiff was a brakeman employed
by the company and was being con-
Veyed on pass from Pocatello station
to GleDn's Ferry, where he was to
work. In the accident, by which the
train was derailed, the plaintiff was
severely injured and received a verdict
and judgment in the lower court for
$1,000 The defendants ground for APP
peal was that the plaintiff was travel
ing on a pass and had signed the
agreement on the back of the pass,
WaiVing all rights in case Of accident
and that he had paid nothing for the
pass, and received it without consid-
Grafton.
The court, however, held that the
company, Notwithstanding the agree
nent on the back of the pass could not
escape liability for its negligence. In
regard to this point the opinion says
that a common carrier cannot stipu-
late for exemption from responsibility,
when such exemption is not just and
reasonable in the eye of the law; that
it is not just and reasonable in the
eye of the law for the common carrier
to stipulate for exemption from respon-
sibility for the negligence of the master
or his servants; that these rules apply
both to carriers of goods and carriers
of passengers and with special force to
the latter; that where a person agrees
with a carrier to enter its employ
ment at a. certain place in the future
and in consideration Of the mutual in
terests of both, a free pass is given to
the place Of employment with condl-
lions on the back rendering the carrier
non-liable for injuries caused by its
negligence, or that of its agents, and in
travelling on the defendants road to the
place of employment the person is in
jured by the negligence of the carriers
agents, such person must be regarded
as a passenger for hire and not an
employee and the carrier is liable for
damages caused the passenger for its
negligence
Accordingly the trial court was af-
firmed.
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1898-11-13
ON THE CATTLE RANGE.
Methods of Handling the Big Herds
In Arizona.

Prescott Correspondence San Fran
cisco Chronicle: The men who contend
ed that the demand for cattle in 1897
was only a fitful CLEAN of prosperity
have had nothing to say in 1898, when
activity on the ranges continued, and
the cattlemen have now the best and
most reliable market in 13 years. The
rise in the value of horned cattle in the
last is months has been worth about
So, 100000 to Arizona alone, and the
value of the ranges (noW that three
successive seasons of rains have made
grass abundant) has advanced several
millions of dollars more. Several hun
dred Arizona ranges, practically aban-
doned by discouraged ana impoverish-
ed cattiemen in a previous decade of
ruin and disaster in cattle raising have
restocked and rehabilitated during the
last year. The great cattle companies
OF Arizona, that have several hundred
thousand dollars each invested in the
industry, have expended large capital
charging their herds and made whole
sale Improvements in the ranges Once
more there are picturesque and lively
scenes in all the cattle towns in the
territory The principal cattle shipping
stations, such as Holbrook, Flagstaff,
Santa Fe railroad have been up to
their eyes in business all the past sum-
mer. From every part Of the land of
the cowboy there come the same re-
ports Of fine grass, big prices for cattle
and a revival of the old glorieS of cow
punching of the sos. Two years ago
this month the best grades of Arizona
cattle were offered at So to $40 a head.
They had been sold as low as Sc a
+1,,o of IL
are selling at $23.
The writer has been on recent tour
among the largest cattle ranges and
herds in Arizona territory, and he no
longer wonders that the life of a cow
boy on a vast range has a potent
charm, Notwithstanding the round of
hardships, long exposures and fierce
climate. Once a cowboy, always a cow
boy, in heart, at least, is a faithful
saying of the range, and nowadays for
mer cowboys are quitting work on the
railroads, leaving good jobs in neigh
boring villages and in eastern cities
and towns and seeking work again
among the herds.
During the past ten years numerous
changes and some surprising innova-
tons in the mode of mana ging a cattle
range have been introduced. Economy
and commercial prudence are at the
bottom of the innovations, and the
financial disasters which dethroned
many a rich cattle king, from 1887 to
1893, have necessitated economies where
prodigal waste formerly prevailed.
Tricks of saving, once thought con-
! temptible, are in vogue on all up-to-
date ranges. Nowadays the bones of
cattle are saved and sold. No
one thinks of leaving the pelt
on an animal found dead on
the range. Time was when
such pinching economy was despised,
and it was left for the poor half breed
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1898-11-13
Short Orders.

Thomas W. Jennings VS.. o. P. Pratt
ct al. motion for a new trial overruled.
In re receivership of the Pennsyl-
vania Smelter company an order was
made permitting the receiver to trans
fer the bank account from Mccormick
& Co.'s to Wells, Fargo & Co.'s, and
releasing old bondsmen of receiver, and
approving new bond.
Henry W. Green ct al. VS.. John A.
Groesbeck; judgment for plaintiff by
default for S6,19573 and costs.
r. P. Lewis, sheriff, VS.. Margaret A.
Game; order entered making Salt Lake
county party defendant
F. E. Gregg & Co. VS.. II. Groesbeck
ct al; judgment entered for the plain
tiff for s1,075 and $61.25 costs.
Sears & Jeremy company VS.. Utah
National bank; demurrer argued and
submitted.
S. j. c. M. Manufacturing company
VS.. T. c. NJ. l.; ten days additional
time given plaintiff to amend COM
plant.
Calvin E. Barker ct al. VS.. Pacific Ex-
press company: motion to dismiss ap-
peal argued and submitted.
Betty Anderson VS.. f. c. Thomp-
son; same order.
T. NJ. Thompson VS.. George NJ. Can
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1898-11-13

the same train as Williams. His widow
and children sued for $50, 900 damages.
The jury found for the plaintiff in the
sum of $685. Counsel for plaintiff
made motion for a new trial based
upon statutory grounds and claim of
excessive damages. Judge Rolapp held
that the damages, as found for the de-
PENDANTS, were excessive and said he
would grant new. trial unless the
plaintiffs would agree to a reduction of
$500. Plaintiffs consented to the re-
mission, whereupon Judge Rolapp over
ruled the motion for q. new trial, and a
judgment was entered for S7,0S5. Coun-
sci for the defendant company still con-
tended that the damages were excess
sive and that the judgment was mot
based on a verdict of a trial by jury"
The supreme tribunal, however, af-
frned the-district courts judgment.
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1898-11-13
MoRRIs BRIBERY CASE.
The Trial Now Set For December II
Next.

The trial of the bribery case against
ex-Selectman Joseph R. Morris, which
has been pending for so long, and
which has been postponed several
times, was yesterday set by Judge Nor
rell for Dec. Il next.
Judge Norrell, however, will not sit
in the case, as he is disqualified from
the fact that when Morris was first ar
rested he applied to Judge Norrell. who
was not then on the bench, to become a
surety on his bond,
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1898-11-13
Probate Orders.

Estate of Charles C. LANCE, deceased;
John He'll, jr.. appointed executor with
out bonds.
Estate of Nathan Sears, deceased;
order of final distribution made.
Estate of Emma e. Faust, deceased;
H. j. Faust, jr., appointed administra-
tor under 1,2O0 bonds.
Estate of John J. Devlin, deceased;
Benjamin Blake appointed administra-
tor and bond fixed at $1,000
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1898-11-13

non ct al; demurrer withdrawn and
five days given to answer.
M. r. Bright association VS.. Nellie
Fulton; demurrer sustained and ten
days allowed to amend.
j. H. Riddle, charged with grand lar
ceny, was arraigned before Judge Nor
rell and entered a plea of not guilty.
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1898-11-13
Kennedy VS.. o. S. L. Railway.

Margaret Kennedy ct al. VS.. the Ore
gon Short Line Railroad company, ap-
penant; opinion by Justice Miner. con-
CURED in by Chief Justice Zane and
Justice Bartc4l.
Patrick Kennedy was passenger on
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1898-11-13
WOULD NOT BE KISSED.
Merrimac Hero Holds His Own
roi,e+ r71,-,o,,+~- ct.r1-

Merr1mac Hero Holds His Own
Against Twenty Girls.
st. Louis, Nov. IA special to the
Dispatch from Stuart, Ia, says:
Osborne Deignan, one OF the man of
Merrimac fame. arrived here today and
WAS met by 500 people, who escorted
him home. Eighteen or 20 club girls
surrounded him at the depot and at
tempted to kiss him, but he pushed all
back, saying there were handsoner
men in the crowd than he. The mU-
nioipal authorities presented Diasnan
with sword and Governor Shaw and
other prominent Iowans made speeches.
Diegnan ran away from his home hero
years aSO.
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1898-11-13

Of the stockyard man agrees with the
cowboy in charge of the cattle, all well
and good If it is less, the cowboy gets
about among the thousands of other
cattle there from all parts of the west,
and finds where the missing cattle are
A perfect familiarity with brands is es-
sential 1t frequently happens that an
expert reader Of brands will save his
employer 800 in one consignment. The
smaller companies and individual cat
tlemen who do not have expert brand
readers stand by the tally of the stock
yard men.
HENRY G. TTNST,EY.
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1898-11-13

Dyspepsia Cured. Shiloh's VitaIize<
Immediately relieves Sour Stomach
Coming up of Food Distress, and is the
great kidney and liver remedy. Sold BY
Neiden-Judson and other druggists.
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1898-11-13

Bamberger Coal Co. 161 Main.
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1898-11-13

U. S. Baking Powder is the Favor
tie, because it is cheap and good.
Price, 3 OF. can, 10c; s OF. can at
15c; Is or. can at Csc.
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1898-11-13
HENRY G. TINsLEY.

Be Not Deceived A Cough, HoarseE
ness or Group are not to be trifled witft.
A dose in time OF Shiloh's Cure will save
you much trouble. Sold by NeldeH-
Judson and other druggists.
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1898-11-13

Try Hewlett Bros. Pure Three
Crown Spices. They are always nice
and fresh, because we have our own
mills and grind them fresh every
day.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1898-05-04


until finally the fire reached her magazines,
and her career was ended in one great ex-
plosion.
Dewey was next attached to the steam
gunboat Agawam, of the North Atlantic
blockading squadron, and he took. part IN
the two attacks made on Fort Fisher IN
December, 1864, and January, 1865. In March,
1860, ne got his commission as lieutenant
commander, and as such served on the fam
Gus old kearsarge and on the Colorado, the
flagship of the European squadron, until
1868, when he was sent for service 10 the
Naval Academy. His first command was in
1910, when he had the Narraganset, doing
special service. He became a commander
in April, 1872. and, still ON the Narragan-
sett, was engaged in making surveys of the
Pacific until 1876, when he was made a light
house inspector and later secretary of the
lighthouse board. He commanded the Junia-
Ia in the Asiatic station in 1928, and in
September, 1884, was made a captain and put
in charge of the Dolphin, then brand new
and one of the four vessels which formed
the original white squadron The follow
ing year he was sent to command the nag
ship Pensacola, of the European squadron,
and he stayed there until 1888, when he be-
came the chief of the Bureau of Equipment
and Recruiting, with the rank of commo-
dore. This place he held until 1893, when
he was made a member of the lighthouse
board. He got his commission as commo-
dore on Feb. 2S, 1856, and at about the same
time was made president of the Board of
Inspection and Survey. This place he held
until he was put in nina of the ASiatlc
station in January of this year.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1898-05-04

The United States cruiser Columbia ar
rived in Bar harbor yesterday afternoon.
The constitutional convention of LOUISE
ana has passed a resolution congratulating
Commodore Dewey on his brilliant victory
and extending him the thanks of the people
of Louisiana.
A resolution was passed yesterday by the
New York Board of Aldermen and the Com
mon Council to the effect that as they had
abandoned the idea of celebrating charter
day to-day they would therefore celebrate
it as Dewey day.
General d. Mem. Gregg. of Reading. Pa,
has offered his services to Governor Hast
ings or Secretary of War Alger. General
Gregg was cavalry leader at Gettysburg and
is one of the most prominent surviving COM
manders of the late war.
The price Of print paper has advanced
half a cent per pound since the war with
Spain commenced. The mills at Appleton,
Wis, are running night and day, and some
of the book paper manufacturers are work
ing on print paper in order to met the de-
mand.
The proclamation directed against the
SPANISH residents of the United States by
the State Department has not yet been is
sued nor Is it certain that it will issue, that
probably depending on the course pursued
by the Spanish government in their treat
ment of American citizens in Spain.
over one hundred rough riders of Mil
ment now being organized in Missouri and
Arkansas under the leadership of William
f. Cody (Buffalo Bid met in Milwaukee
Yesterday and completed their organization.
DR.. Frank Powell was Endorsed as colonel
of the Wisconsin contingent.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1898-05-04
MARTIAL LAW PROCLAMATION.
Stringent Measures to Dem
O~nstratiOns and TO SUPPRESS News.

MADRID, May 3.-The proclamation of
martial law has caused much dissatisfac-
ton, it being declared unnecessary unless
the government has Information of a secret
conspiracy. Sundays demonstration was
trivial, even compared with the trifing dis
turbances upon the occasion of the procla-
nation of the Cuban armistice. The news
paper are particularly disconnected with
the state of affairs existing, as the mere
mention of military operations is punish
able severely. Groups of people who
gather around the spots where the martial
law proclamation is posted promptly dis
perse, laughing when they read the article
prohibiting public gathering. The procla-
nation is couched in warlike language, be-
ginning:
where's, Spain, finding herself at war
with the United States, the power of the
civil authorities in Spain is suspended.
where's 1t is necessary to prevent any
are being made by the nation with manly
energy and veritable enthusiasm
Article l., A state of siege in Madrid is
Art. 2. AS a consequence of Article 1 all
offenses against public order, those of the
press included, will be tried by the military
Art. 3. In Article 2 are included offenses
committed by those who, without special au-
thorization, shall publish news relative to
eeliy ~ ~ VI Wal
Then follow the articles which prohibit
meetings and public demonstrations The
proclamation expressly prohibits the pub
LEGATION of any news concerning the war or
the movements of the ships of the Spanish
navy. The principal newspapers advise
calmness, so as to avoid the unpatriotic
spectacle of disturbances when Spain's
united energies are required to avenge her
recent losses"
AS a precautionary measure, in view of the
excitement which may follow the debates
to-day in the Cortes, the troops of the gar
rison have been confined to barracks and
the guards at all public buildings have been
doubled. The captain general of Madrid,
an impaSSive, energetic man, will, it is said.
carry out martial law in a stern manner.
La Correspondence de Espana handsome
ly withdraws its previous discourteous ref
erences to foreign journalists, explaining
that they were only intended to apply TO
such as were deliberately unfair to the
Spanish cause.
Madrid is quiet tonight.
General Daban's proclamation promises
forgiveness to conspirators who promptly
obey the authorities except the actual ring
leaders.
A large section Of the public regards the
captain generals proclamation as entirely
unwarranted. All such are therefore great
ly incensed against the government.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1898-05-04
A Floating HosnitnI.

WASHINGTON, May 3.-Through the eff
forts of Assistant Secretary Meiklejohn and
Surgeon General Sternberg the War De-
partment has chartered the steel ship
Vigilancia to be used for the purpose of d
floating hospital to accompany the army
when it undertakes the occupation of Cuba.
The Vigilancfa is comparatively a new YES
sci, having been built at Chester, Pa, in
1890 and is Of generous proportions. Her
gross tonnage is Ais tons, length 321 feet
and beam As feet. She is now lying in the
Erie basin, New York, where a complete
hospital equipment will be installed aboard
her. Major G.. H. Torney, surgeon in the
army, now at West Point, and who was
formerly assistant surgeon in the navy, has
been directed to make an investigation and
report what is necessary to fully equip the
vessel for her work. In addition to serving
the purposes of a hospital ship the Vigil
amelia will serve as a supply depot from
which acquisitions for medicines for use of
the troops in the field will be filled. She
will also carry a large quantity of ice, which
is so necessary especially in tropical coun-
tries.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1898-05-04
MANILA'S FATE.
sConcIuded from First Pagc.'

ed" Continuing, the advices TO the Colonial
Office at Madrid are said to have read:
'Only the outlying native quarters have
suffered. They are now in flames. Occa-
sionally a shell fell in the European town,
when a few houses were struck. The bat
teries of the citadel, especially the six large
guns, are vigorously replying to the Amer
lean firing, and have inflicted considerable
damage on the fleet"
Dispatches from Hong-Kong assert the
cable was cut at 6 o'clock Monday evening
Hong-Kong time), and that just before
then it was reported that Admiral Dewey
had given the Spanish governor general
twenty-four hours to surrender the war
stores and coal in the bay of Manila. This
demand was refused, and it is supposed the
bombardment of Manila began Wednesday
afternoon manila time) While the infor-
nation given out at Madrid does not wholly
consist with the advices from Hong-Kong,
it is believed Admiral Dewey has carried
out his threat, unless the Spaniards ca
pitulated. The rumor that the native quar-
ter Of the city was burning may be true, for
it is possible the people themselves may
have fired the place., for a majority have
been in sympathy with the insurgents. No
one here believes Admiral Dewey shelled
the city proper before the expiration of his
ultimatum; that time did not expire until
after the cable had been cut. A dispatch
from Hong-Kong received here to-day says:
mo news of any description in regard to
the battle of Manila has been received here,
with the exception Of the information
cabled from London. The insurgent leaders
here are hoping to administer the Philippine
islands Professionally under American pro-
lection, but there are endless dissensions
among the insurgents at Hong-Kong."
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1898-05-04
MASTER OF TRANSPORTATION.
George r.. Blanchard Selected Instead
of Frank Thomson.

WASHINGTON, May S.-The problem Of
handling successfully the large number of
volunteer soldiers now assembling in all
parts of the country preparatory to con-
centration in the South for the advance on
Cuba has been met by the War Depart
ment by the selection Of George R. Blanch-
ard, president of the Joint Traffic Associa-
ton, as chief executive officer of this branch
of war movement. 1t was reported some
weeks ago that Mr.. Frank Thomson, presi-
dent of the Pennsylvania Railroad Com
pany, would be selected for this responsible
work, but after comforting with Mr.. Thorn
other Prominent railroad men at the depart
ment, at their unanimous suggestion decided
to accept the offer of the traffic association
to lend Mr.. Blanchard TO the government
for a time. 1t was thought that in this way
the government would get the benefit of the
services of one of the best railroad men in
the country, while the railroads would be
assured that their interests were not being
injured.
Tom Scott. then vice president of the
PENNSYLVANIA Railroad. undertook during
the last war similar duties for the govern
mert. He was given a commission in the
volunteer army and spent his time between
hfs Pennsylvania home and Washington
eminent troops while discharging his own
duties with the Pennsylvania Railroad Com
pany Mr.. Blanchard will be given a COM
mission, probably that of a ~brigadier gen.
eral, and will be attached to the quarter
master generals Office in Washington.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1898-05-04
BANKER ABSCONDS.
e. III. Meyers Charged with Stealing
$4,000 in Eight Years.

CARTHAGE, N. Y. May "a notice to
depositors appeared on the doors of the
First National Bank this morning, inform
ing them that 1.-THE president of this bank,
E.. H. Myers, has absconded, and as the
directors ascertained last night that his ac-
counts are short they have ordered the bank
closed for a more thorough examination.
Depositors will doubtless be paid at an early
date" The news of the defalcation of
Myers, who was a leading citizen, caused
a run on the Carthage Savings Bank. which
may be obliged to close its doors, although
that institution is unquestionably sound. Mr..
Myers has been defrauding the bank for
eight years, it is discovered on investiga-
ton. The amount of the defalcation is esti-
mated at $4,000. Myers's Whereabouts are
unknown.