davidaulloa/AmericanStories huggingface dataset:
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1898-07-03
CORPORAL LEE RESIGNS.
Would Rather Be a Private Than
Boss His Comrades.
Especial Correspondence

Camp Merritt. June 29.-The first
change Of Office in Captain Gaines
troop is pending. Corporal Albert w.
Lee of Tooele. has resigned, and has
dotted his stripes and chevrons. The
resignation has been accepted by Cap
tain Caine, who will allow it to take
effect on July 1, in order that the pay
rcll may play even months.
Asked why he resigned, Corporal Lee
said: I'm the first place, ! do not care
for what honor attaches to the office.
In the second place, a corporaFs lot is
manually as hard as private's; in the
third place, l dislike forcing the fell
lows to perform distasteful duties That
is the whole case in a nutshell. There
are no other reasons for my request to
be reduced. have never had the
slightest trouble with any of the men
in the troop, or in my squad. In rem
devious I prefer the private's life. and
when it comes to battle / believe /
would rather fight as a private than as
a 'non-com.'"
Who Corporal Lees successor will be
troops officers. Besides filling this va
cancy, they will name a lance cor
Dorai.
The Wyoming artillery is camped
next door to the Utah quarters, AID
the two have already begun neighbor-
ing. Yesterday the Wyoming officers
dined with Captain Game and Lieuten-
ants Smith and Kimball, and today
Governor Richards called at the Utah
camp. JOHN METEER.
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1898-07-03
TIE u. S. Govt Reports
show Royal Baking Powder
superior to al others.
THE MINING CONGRESS.
SENATOR ELKINs, OF WEST VIR-
GINA, A DELEGATE.
Mr. Brownlee, Chief of the Pennsyl-
vania Bureau of Mines, Will Be q
Prominent Figure at the Congress.

Secretary Johnson received a letter
from Robert Brownlee, chairman of the
Pennsylvania delegation to the mining
congress. saying that 1 of the dele
gates-at-large from that state will ar
rive in this city next Tuesday after
noon. Mr.. Browniee. as chief of the
Pennsylvania state bureau of mines,
will be one of the prominent figures
on the floor of the congress-
Governor Atkinson of West Virginia
has named the following delegates
from that state: Judge D. b. Lucas,
Hon. S. B. Elkins. Senator Thomas e.
Davis, Judge L. N. Tavenner, Hon. w.
a. MacCorkle, Professor L c. White,
Coolnel J. 4. FiclCinger, Colonel John
Cooper, General J. w. ST. Clair, Hon.
J. n. Camden, Colonel T. II. Norton,
Captain A NJ. PoWnstone, Hugh Ike
Scott. J. a. Oldf1eld.
Mayor Dunn of Schutler, Neb. has
named as delegates J. C. Sprecher, G.
r. Doughty, c. r. Phelps, j. A Grim
ison and H S. Wells.
The chair seats in the tabernacle
were well filled Friday afternoon with
bright boys and girls preparing to help
entertain the hundreds of visitors we
shall have with US next week Another
rehearsal will be held there tlext Tues
day at o'clock All who wish to Join
then may do so to the number of 5000,
so says Prof. Stephens, the children's
man. An outing to Saltair is to be
taken by his boys and girls during
this moth
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1898-07-03
PROGRAMME FOR HEBER.
Independence Day to Be Celebrated
On a Grand Scale.

Heber, July 2.-On the Fourth of July
Heber will present a scene of glory
far surprising anything like it in the
past. The committee of arrangements
has about everything in ship shape,
with the exception of a fe- in15aing
touches. Monday morning, when Old
Sol casts his first rays upon the mount
ain tops he will be saluted with the
roar of cannon and the sound of pa
triotic music from brass and martial
bands. There has been no particular
arrangements made for the Fourth in
any of the settlements in the county.
The people living in. the other parts of
the county prefer coming here to par
ticipate in the days festivities. Mon
day, Heber will have the appearance
OF a city several times it's size.
The committee on arrangements has
formulated the following programme:
Cannonading at daybreak
Serenading by brass and martial
bands at sunrise until Z o'clock
At 8 o'clock a number of serenading
companies will give the people a treat.
One company viii consist of Uncle Sam
with body guard of uniformed cavalry.
There will also be serenading COM
panies of English, Scotch Irish, Swiss,
Swedish. etc. who are now helping
support the American flag. These COM
panies Will have at least one person
dressed in native costume and holding
the stars and stripes. At 10 O'Clock peo-
pie will assemble at the stake house
to hear the following programme:
Selection, Heber Brass band: pray
err, by the chaplain, Richard Bridge;
song, America" by the assembly; adj
dress. James H. Mcdonald; Hail Col
umbia" by the ehildren; recitation,
Miss Gertrude Duncan; address, I'm
Gle SAM" Yankee Doodle" martial
band; Star Spangled Banner" Heber
brass band; selection. Mandolin club;
Grafton, Mayor Ed D. Clyde; toasts;
mixed chorus direction of Prof. Arid;
prayer, by the chaplain; music by the
bands.
At O'Clock in the afternoon there
will be athletic sports on the court
house grounds consisting of foot races,
sack races. catching the CREASED pig,
the creased pole, etc. At 4
o'clock there will be a game of base |
ball on Lees grounds.
The three amusement halls and |
Stultz' portable theatre will be the at
fractions in the evening
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1898-07-03
sPRINKLING TAX CASE.
The Supreme Court Reverses the Trial
Court

The supreme court handed down an
. opinion in the case of a. II. Raleigh. ap-
pellant. VS. Salt Lake City, reversing the
Judgment of the lower court. The plain
tiff sued foI q refund OF certain sorink-
ling tax paid by him and ~ others who
assigned their claims TO him. The tax
was paid under protest on August ). 1893,
and aeterword the tax was declared IL
legal ana the suit 70 recover the money
was commenced on July y. 1888. The
lower co-rt held that the action was
barred by the statute of limitations under
tho sections OF the statutes which pro-
vides that suits against officers Tor the
refund Of money paid under protest must
be be-Un within six months after its
payment.
The supreme court, however. decided
that the proper party 10 be sued in this
case was the city. as was done by the
plaintiff and therefore the six months
limit did not apply.
The opinion. which was written by
Justice Miner and concurred in by Chief
Justice Zane and Justice Bartch, dis
cusses the legal propositions eXhaustively
and in conclusion says:
We are of the opinion that the court
erred in finding all the causes of action
barred by the statute of limitations, and
are also of the opinion that the judgment
is not supported by the evidence. There
is doubt in our minds as to the Suf1ciency
under the pieadings to sustain the several
causes of action set up in the complaint.
It is therefore. ordered that the cause be
reversed with dire lions 10 the trial court
to vacate and set aside the judgment
and to grant a new trial.
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1898-07-03
STOLEN CATTLE
DARING ATTEMPT TO DISPOSE
OF A BUNCH HERE.
It Was Frustrated By Albert Mayors
"A Clever Plan That Almost Sue
ceeded.

A daring and partially successful eff
fort TO dispose of head of stolen
cattle was frustrated yesterday by AL
bert Mayors, proprietor Of the Standard
meat market at so East Second South
street. On Friday two strangers in
vited the meat dealer to inspect their
bunch of beeves. The one who drove
the bargain representa- that he was a
partner of Joseph Mcdonald, the Ka-
mas rancher. BY way of endorsement
of his statements the laxative drover
suggested that Mr.. Mayors telephone
to Mr.. Mcdonald. Mr.. Mayors was
suspicious that all was not right and
sent telephone inquiry to Kamas.
The response from Mr.. Mcdonald"
was assuring and served TO allay Mr..
Mayors suspicious. The bargain was
made late in the afternoon and in evil
dence of it Mr.. Mayors drew a check
on the National Bank of the Republic
to the order of Mcdonald & Co. for
$40. To balance accounts, $40 in cash
was paid to the strangers to keep them
"afioat" till the bank opened.
Along about II o'clock yesterday
morning a telephone message to the
meat dealer conveyed the information
that Joseph Mcdonald himself was
talking and that the cattle sold to the
strangers were stolen. Mr.. Mayors i'm
ordered payment of the
check stopped. IRasmuch as the strang-
ers had promised Friday evening to
call around in the morning so that
Mr.. Mayors could identify them at the
bank and failed to keep the appoint
ment, the officers believe that the cat
tie rustlers realized that their game
was blocked and returned TO the mount
airs.
The cattle are in the pen and the
officers have a good description of the
Sheriff Lewis, in company
with Sheriff Murdoch of Wasatch
and Mr.. Mcdonald, who arrived
in the city last evening, are working
on the case with good prospects of
landing the two strangers behind the
bars before many hours.
The man who impersonated Joseph
Mcdonald at the Kamas end of the
telephone and assured Mr.. Mayors that
represented by the strange
,ustlers was all right, was arrested
oy Sheriff Murdoch above Heber City
lust before the officer left yesterday
afternoon for Salt Lake. The confed-
'ederate is John Zweavel, resident
IF Provo river.
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1898-07-03
Ogden Briefs.

"a Prodigal Father shows at the
Grand Tuesday night.
c. z. Corey is down from POcatello
for a few days vacation.
One hundred and twenty-five marines
passed through Ogden en- route to San
Francisco yesterday.
The A. o. U. w. ladies will give a
card party in their hall Friday next,
with fee cream and cake. Proceeds go
to Park City sufferers.
Postoffice hours tomorrow, July 4.
will be: One delivery by the carriers.
General delivery and stamp window
open from 8 to II. Money order depart
ment closed.
Five more recruits were received in
Ogden by John D. Murphy yesterday.
They are: August Weis. Elmer Green,
Edward W. Betchelder, George W. Da-
Wis and John Peterson.
Prayer and It's Answers will be the
subject for discourse at the First
Presbyterian church this morning. The
evening service will be a musical one,
at which some of the best talent in the
city will take part. Among those who
will take part axe Misses Wehrend, Will
son, Haas, Mitchell, Nice, Mesdames
Spargo, Lafayette Farley, Mr.. Wilson,
Foulkes and Pierce.
The suit of B. Z. Uace VS.. the Oregon
Short Line Railroad company for $40
900 damages was concluded yesterday.
The jury returned a verdict for plain
tiff in the sum of $3.50.
An evening session of court was held
when a motion for a new trial in the
case of Hadlock VS.. the Oregon Short
Line Railroad company was argued and
submitted
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1898-07-03
STOCKHOLDERS LIABLE.
Decision In the Park City Bank
Case.

In the cases of David c. Mclaughlin,
receiver of the bank of Park City, VS.. Ge-
neva Kimball. administrators of the es-
tate OF Edwin kimball, deceased, and the
same plaintiff vs.. W. b. Doddriuge, A b.
Richardson and A. 3. Richardson, trustee,
judgment was rendered for the PLAIN
tiff.
Both actions were brought to recover
on STOCK liability, The Defendants oelng
stockholders of the bank when it failed,
ana il Is contended that they are liable
to the amount of the par value or the
stock they held in addition TO the amount
invested IN and due on such Snares-
The defendants cOntended that the re-
ceiver could no- maintain the claims, be-
cause the money sued Tor was an orGl-
nary statutory liza blllty OF Sn2reholCerS
and creditors, and not legal or equitable
asset OF the corporation. The attorneys
for Mrs. KlmbaI contended that EdWin
Kimbaii was not stockholder OF the
bank. because the stock ne bought OF w
B. Doddridge was not transferred on the
books OF me corporation
After going into the case at some length
and quoting numerous authorities bear
ing on the question, Judge Hlles conclud-
cd as follows:
IN these cases court Of equity has
appointed q receiver for this lnso!Vent
CORPORATION. and having once obtained Ju-
risQicuOn over the parties and subject
matter for some purposes, II has Jurls-
diction through its receiver for all pur-
poses connected with the litigation: and
among those purposes Is the getting III OF
any money or property which may be
lawfully applied 10 the payment or the
debts due the creditors; ana this sum,
which. by force OF statute, Is due from
the shareholder TO the corporation and
when, as 1 have said, upon tr1e con-
struction of its terms, IS the same as,
and in addition TO, unpaid subscriptions
due on such shares is lawfully applicable
10 the payment OF debts due by the cor
poration-
4 decide that the estate of Ktmball is
liable for the amount fixed by the statute,
notwithstanding his stock was not trans
ferred to him on the books of the corpo-
riOn-f
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1898-07-03
BOX ELDER CASUALTIES.
Boy and Girl Hurt and Man Kicked
By a Cow.

Brigham City Bugler: Mabel Morris,
age about 10 years, daughter of John
Morris. was the victim of very pain
fui accident a few days ago. 1t seems
the child was sitting on d spring seat,
sewing with a needle. Some how she
fell on the sharp thing, running the
blunt end deep into her leg below the
knee. Then it broke off The wound
necessitated an operation, and the
needle was cut out
David Hoskins, the 12-year-old son
of President o. c. Hoskins of Portage,
met with a painful accident Sunday
last. He was in the hills hunting cows.
me horse he rode ran away with him
down a steep hill. On its way down it
suddenly stopped, and the boy fell off
over the animals head, breaking both
bones in his arm, just above the wrist.
Andrew Burt was breaking a wild
COW to milk. She up and gave him a
hard rap on the leg But this was
nothing when compared with the
Knockout blow which followed This
second kick came like sledge hammer
blow. striking him on the ankle, crack
ing or spliatering it in a very painful
manner. 1t laid him up for several
days. since which time he has been out
on crutcheS
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1898-07-03

Judge Hiles yesterday handed down a
dozen decisions in cases which he had
under advisement.
In the matter of the assignment of
George Arthur Rice & Co., in which the
trustees of the Eureka school district and
others sought to have the assignment set
aside and TO recover in fun the amount OF
their deposits with the bank at the time
OF its suspension. on the ground that the
money was a trust Iund and accepted as
such by the bank.
The court held that the assignment Is
valid, but that Rice & Co, having re,
ceiyed the money OF the Eureka School
district, S4,lS7.43, through SchriNef. It's
treasurer, and the money of the NAM
moth school district ana the money OF
Eureka city, $6l4-6S, and the money IRON ON
Freckelton. as administrator OF the
Downs estate 5000, and the money from
Judge higgins, as trustee, S4iO, with lull
knowledge that these amounts were sew
orally trust funds, that the money Wnich
was found in the vault at Eureka ana
which was turned over 10 the assignee,
namely, 3,576.95 and the money collected
on OverdraTtS since the assignment, must
in law be presumed to be sum which
represents pro t2nto such trust funds,
and 70 have been retained by Rice & Co.
and delivered to the assignee by them TO
satisfy the same, according TO the equlta-
bic rights OF the cestuie que trustent
therein.
That the other petitioners and inter
VenorS are general creditors OF Rice az
Co, and are entitled to share, ratably, IN
the proceeds o fthe assignment other than
those hereinbetore mentioned, according
TO the provisions of the assignment mat
there is no priority among the several
special cestuie que trustent. and therefore
il the funds in the hands of the assignee
shall not be sufficient to pay each, then
he shall divide the same ratabiy or in
proportion to the amount of the claims
OF each.
That the expense of executing the trust
- - .,r4r of hn al
the assignment and not anything therefor
out of the trust fund.
Evidence should be adduced TO show
how much, # anything, has been collected
since the assignment on account OF over
drafts due the bank at the date of the as
SlenmenU, and that such amount, when
thus ascertained, should be added to the
50 1865 as constituting the special trust
fund mentioned.
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1898-07-03
THE NEWS FROM vERNAL.
Board of Equalization Through-Bie
Honey Crop.

Vernal, June 29-sThe county board of
equalization having completed its la
bors, it is found that the assessed valu-
alton of the county for 1898 is SS0S, 40,
as compared with $751; SIS for 1897,
which shows a very material increase,
partly due to the listing of property
which has heretofore escaped taxation,
and partly to the fact that considerable
land has been patented within the last
year over in the Lucern valley country,
along the northern border. There has
also been a considerable number of new
buildings erected throughout the coun-
t., which helps to swe.i the valuations.
The county clerks Office shows the
following marriage licenses issued dur
ing last week:
Hugh Owens and Kittie Wade, both
of Ouray; Joseph LutkiewieZc and Mrs.
Z. ]. Wells, both of Colorado; Charles
Fitzgerald aid Jennie Fallon, both OF
Duchesne; Walter Mccoy and Annie
Hohne OF Ver2al.
Bee men report that if the present
fine weather continues a while longer,
the honey crop will be unusually good.
Farmers are profiting by the bright
weather, and ARE making hay while
the sun shines. Water for irrigation
is still plentiful
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1898-07-03
THE FOURTH AT CoALvILLE.
Military Parade Led By the Park
City Band-Bicycle Races.

Coalville, July 1.-Great preparations
are being made for the splendid cele
bration of the Fourth of July here,
every evening the cavalry and infantry
are out on parade and drill preparatory
to making a great display in the pa
rade. The committees are getting the
city park in splendid shape for the
various sports; the-floats are nearing
completion, and everything tends to
one of the most elaborate celebrations
ever held in this town or county. The
magnificent display of fireworks in the
evening will far exceed anything of
the kind ever exhibited here and will
undoubtedly be one of the greatest at
fractions of the day.
Training for the bicycle races are
going on every day. and the baseball
boys are preparing to carry off the
honors.
Arrangements have just been affected
by which the Parkl City brass band
will come to CoalVille on the Fourth
and discourse music during the day,
and by special arrangements will be
taken back TO the Park at night after
the days celebration and pleasures are
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1898-07-03
The Great Battleship Oregon.

The trip of the Oregon around Cape
Horn, distance of $4,000 miles, without
doing any particular damage to her
machinery, is an achievement in which
we all take pride. 1t is like the man
or woman who reaches the ripe old age
of 100 years. Very few do it, but a
great many could if proper care be
taken of the health. At the first sign
of disorder in the stomach, liver or
blood. help should at once be secured
by taking Hostetter's Stomach Bitters.
The stomach is the starting point of
nearly every disease, and the Bitters
correct the ailments of that important
organ. With the digestive organs in a
healthy state. the length of life is in
creased.
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1898-07-03
Kamas Is Prosnerous.

Kamas. July Farmers are all
happy over the fine condition of crops,
claiming they never looked better anC,
from all appearance a bountifuI haTv-
est will be the result.
j. w. Carpenter has commenced the
erection of u new hall 50x100 feet adj
joining his present opera. house, which
he intends fitting up with new seen
cry. an elevated floor VIII be put in
and the auditorium will be fitted up
with opera chairs. New dressing
rooms will be built and the place fit
ted up as a first-class opera house
The hall will be fitted up in grand
style and have an A l polished maple
floor; in fact it is intended to be sec
ond to none in the state. His saw
mill is kept busy every day and teams
are running late and early with lum-
Der for Park City
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1898-07-03
Minor Cases Decided.

Other decisions rendered by Judge Hiles
were as follows:
Martin Christopherson VS.. David James;
dismissed for want of jurisdiction.
w. II. Sells VS. Salt Lake City; judy
ment for plaintiff for $500 interest and
Chandler VS.. Holden; judgment an de-
cree for plaintiff
ordered that Williams deliver TO the
plaintiff 100 shares of the Alice Mining
company.
]. s. Witcher VS.. George Chase; judg-
nent for plaintiff for s2S and costs.
Kansas National bank VS.. John H.
Hughes; judgment heretofore entered set
aside.
Rebecca A. Sawyer VS.. Isaac Hunter ct
al. demurrer OF defendant overruled and
% days allowed to ansWed.
In the matter of the estate of w. w.
PLAYER. motion to modify judgment of
probate court denied.
Seflie NJ. Satterfield VS.. A. c. Trudian
Judgment for plaintiff for $279S5.
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1898-07-03

Barnard & Lear Manufacturing COM
pany- Work will begin at once. and
the mill completed by harvest time.
The reservoir is full and the outlook
for good crops in this vicinity was
never better.
For the past two weeks the weather
has been unusually hot for this time
in the season, the thermometer regis
tering as high as 120 degrees.
July II the election of the new coun-
ty superintendent of schools will take
place.
The anniversary of our natal day
will be fifty celebrated by the citizens
of Deseret, Hinckley, Oasis and Abra-
ham
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1898-07-03
M'INTYRE VS.. AJAX.
Judgment For the Plaintiff In the
Sum of 500.

In Samuel Mcintyre VS.. the Ajax Mining
company. in which the plaintiff sued to
recover s721O, Judge Hiles gave judgment
Tor the plaintiff for $780,
Mcintyre sue1. the Ajax company on the
hrst cause of action to recover 81 200, al
leging that this sum was due him for ser
vices rendered as manager OF the COM
pany from January. 1896. TO January, 1897.
In February. 1896, the board of directors
at meeting, whereat Mcintyre was pres
ent, decided to place the duties of man.
ager OF the mine in the hands of the fore
man. To this arrangement, Judge Hiles
mas that Mcintyre consented, and, ac-
cordlngly, awards him 500 for January,
In second cause of action. Mcintyre
sued OF recover S601e, alleging that the de-
Iendant company agreed to pay him that
sum. After the evidence of the plaintiff
was in. the defendant moved for a nom
suit, which was granted.
The decision covers the points Of the
second cause of action. the court adhering
10 Its former position, which was that the
evidence cid not show that the company
mad received moneys from sales of ores,
which were available TO pay McIntyre's
demand
The court further finds that the evil
dence did not show that the Ajax com
pany refused TO execute trust deed TO
secure the 5000.