davidaulloa/AmericanStories huggingface dataset:
Morning appeal. [volume] (Carson City, Nev.) 1877-1906, 1898-10-25

tn" exclusive jurisdiction of the Justices
Court. Respondents counsel contend
that the Supreme Court has no iurisdic-
ton of the subject matter of the action
on appeal in that it is not Il case in equi-
ty nor u case at law. i'll which is involved
the title g. right Of possession to. or the
possession Of, real estate or mining
claims or the legality of any tax, impost,
assessment, toll, or municipal fine, or in
which the demand exclusive OF interest
exceeds three hundrci duliar~.' And he
moved to dismiss the appeal on the above
grounds.
1t will be observed that the I Dart found
against the plaintiff on both "a"~o. Of ac-
ton set ont in The complaint 10 which the
defendant had answered in the Justices
Court. but found for the plaintiff on Il
cause of action not pleaded: cause tr
: ton in which the question of title to real
estate was not involved and no other
question that the Justice could not AVE
properly determined, was necessarily in
va!vcd; a cause of action exclusively
within the jurisdiction Of the Justices
| Court: a cause of action based solely on
the said promise of the defendant to pay
/ the plaintiff the sum of Sl20 for the use 0t
said ditch for the three calendar years
next preceding said promise. in consider
alton Of no suit being brought against
him by the plaintiff, etc. Last finding Of
fact.)
When the plaintiff failed to sustain It's
case rs it was brought, it was not simply
q, .,,o-.;D,, If ,arinn.o laty-aop tho ola
CATIONS Of the complaint and proofs, 50
: that ii would have been proper to amend
. the complaint to bring it into harmony
! with the evidence as may he done III some
cases. Such an amendment in this case
to make the complaint conform to the
proofs on which the finding and iudg-
mcnt were based would have eliminated
the question of title to real estate from
the case and OUsted the Court of iurisdic-
/ diction, if such amendment would have
been, otherwise. proper. As the Court
would have had no jurisdiction of tina
subject matter embraced in such amend
ment, certainly said tproofs alone con-
fcrred none.
We are clearly of opinion that the Dis
trict Court had no jurisdiction of the sub
iect matter of the cause of action on
which Judgment was given. and that the
supreme Court had 10 appellate iurisdic-
ton of said Judgment.
The appeal is dismissed on the grounds
stated in respondents motion to diimiss
and the appellant is lett to such apprOpri
ate remedy as he may he advised for re-
lief against said Judgment.
We concur: BELKNAP, &. J.
MASSEY, J.
Filed October Is, 1898.
EUGENE HOWELL.
Secretary of State and eX-Ot1icio Clerk o.
the Supreme Court.
Handed to the printer for publication
October Is, 1898. Eugene Howell.
Morning appeal. [volume] (Carson City, Nev.) 1877-1906, 1898-10-25
NOTICE

At the regular meeting of the Stat
Board of Examiners held June Eth. 1898
the following resolution was adopted:
RESOLVED. That the Board OF Exam
iners shall meet on the third day of every
month, for the purpose of allowing
claims against the State, and all claims
not in the office of the Secretary of State
on or before the third day in each month
shall not be considered or allowed by the
Board until the next meeting which will
lie on IT, laird Tuesday of zach month
REINHOLD SADLER
EUGENE HOWELL
JAMES K. Judge
Board of Examiners.
Attest:
J. DOANE,
Clerk.
Carson City, Nevada. June 7, 1898.
Morning appeal. [volume] (Carson City, Nev.) 1877-1906, 1898-10-25

For United States Senator
WILLIAM NJ. STEWART
OF Ormsby.
For Congress
FRANCIS G. NEWLANDS
OF Washoe
For Governor
REINHOLD SADLER
Of Eureka
Fol- Lieutenant Cove ussr
JAMES r. JUDO
Of Ormsby.
Eor. Associate Justice of SUI remt Court
CHARLES Il. BELK NAP
OF Ormsby
For Secretary OF State
EUGENE HOWELL
OF White Pine
For State Treasurer
DAVE RYAN
OF Storey
For State Controller
SAM p. DAVIS
OF Ormsby
For Attorney General
WILLIAM d. JONES
OF Lander.
For state Printer
ANDREW MATTE
OF Nyc
For Surveyor General
EDWARD D. KELLY
Of Washoe
@or Superintendent Public instruction,
HENRY CUTTING
OF Esmeralla.
For Regent State University
CLOng Term
W. F. T. DEAL
OF ~orey
For Regent State University
iShort Term)
HENRY $. STARRETT
OF Lander.
For District Judges
First District
CHARLES f. MAtN
OF Storey
Second District
z. +. CURLER
OF Washoe
Third District
a. l.. FITZGERALD
OF Eureka.
Fourth District
&. +. TALEoN
Of Elk
Fifth District
SAMUEL J.. PONNIFIFID
: OF Humboldt
Morning appeal. [volume] (Carson City, Nev.) 1877-1906, 1898-10-25
B.. +. LEETF,
APPELLANT

Appeal from the District Court, in and for
Cheney, Judge.
Morning appeal. [volume] (Carson City, Nev.) 1877-1906, 1898-10-25

Torreyson 4 Summertield, for respond
ent.
Curler & Curler, for appellant.
Morning appeal. [volume] (Carson City, Nev.) 1877-1906, 1898-10-25

Carson City, Nevada. June 7, 1898.
The copper country evening news. [volume] (Calumet, Mich.) 18??-1907, 1898-03-08
9th RTKTHDAY-MAR 1.
Progress From Beginning rs shown
Ry Comparative Statements.
ASSETS.

Hundreds OF homeshav been hult and
thousands OF dollars have been saved by
the people OF Houghton county through
The Northern Michigan Building & Loan
Association. The first series stockhold-
ere will be paid off in full June 30th next,
or July 31st, without doubt. These
stockholders will have paid in at that
time $33, 600 end will receive 100000.
Join in the procession. subscribe for the
s7th series which commences April L.
Commence to save your money and the
zine will come when you will enjoy it.
The easiest way to get rich. Mr.. C, OF
Red Jacket, has been paying So a month
to W. II. Faucet, assistant secretary,
Cor the pact nine years and today he can
bring in his certificate and get an order
Cor 5000.
Mr.. q, OF Hancock, has been paying
ss25 a month and can now draw 81 800.
You can invest any sum per month
from so cents to $25 and you have the
same opportunity to become a stock
aoIder. Call at my office and get full
'oarticulars. W. 81. FAUcETT.
Borgo Block.
The copper country evening news. [volume] (Calumet, Mich.) 18??-1907, 1898-03-08

the Alaskan gold fields. The party con-
sisted OF Tom Perrault. Henry Mertes
and s. s. Commee. Tom Perrault left
here on yesterdays train and he was
joined by another two who came from
Lake Linden. Mr.. CONNIE was in the
photogrs phic business at Lake Linden
for number OF years and had built up
quite trade, but he sold out his gallery.
They will proceed to Vancouver where
they will be joined by Mr.. Mullens, for
merry station agent at houghton, who
gave up bis place some time ago and who
is now on a visit with friends in Canada.
The entire party will then start for Alas.
ka by the Teslin Lake route. They have
the best wishes OF many friends for sue
cess
The copper country evening news. [volume] (Calumet, Mich.) 18??-1907, 1898-03-08
a Narrow Escape,

Thankful words written by Mrs. Ada
70. Hart. OF Groton, s. ID. Was taken
with bad cold, which settled upon my
lungs; cough set in and finally termi-
mated in Consumption. Four doctors
gave me up. saying l could live but a
short time. gave myself MP to my Saw
ior, determined II / could not stay with
my friends on earth, would meet my
absent ones above. Ny husband was
advised to get DR.. Kings New Discovery
for Consumption, Cougs and Colds.
gave IL trial, took in all eight bottles.
1t has cured me, and thank God l am
saved and now q well and healthy
woman. TRIAL bottles free at ID. I. Mac
.donalds drug store, Calumet, and Belhu-
Dsur's, Lake Linden. Regular size Soc
and 90. Guaranteed or price refunded.
The copper country evening news. [volume] (Calumet, Mich.) 18??-1907, 1898-03-08
>RoWett Defeats Quinn
at lshpeming Sat-
urday Night.
tROwett Is to Meet Mcmillan
sAf ermath OF saturday Nights SPAR
ring mateh-said to Have Been
a scientific Exhibition.

The sparring match which took place
last Saturday night has been talked OF a
great deal since the event and it is gener-
ally conceded that AL McKinnon was at
considerable disad antagew which was not
generally known to the crowd. McKin-
non had his arm hurt week or so ago
IN the woods where he was working and
the bone was broken. 1t was his left
hand and McKiDnon at once decided not
TO enter the fight, but on second thought
when he heard OF the billing of the town,
he decided not to disappont the crowd
and went into it. The fact that il was
the left hand bothered him more than a
little, for he depended more on that hand
than the other and all he could do in the
match was to defend himself. McKinnon
sEs strictly what is termed an en- fighter,
that is he closes on his opponent and
Forces the work, while Godett waited all
Through the match for chance to get at
McKinnon. Considering the fact that
his hand was worse than useless he made
8 very good showing McKinnon is very
DESTROYS of getting another match with
>aGodett as soon as his hand is better.
As usual there was more or less talk OF
Take about the match. but the general
run OF opinion among those present was
chat 1t was first class contest and very
scientific 1t might be stated here that one
well known sporting man who went to |
sleep in his chair before the match COM |
menced and who awaked in time to hear |
the crowd say it was all over immedi- |
ately raised cry OF fake and has been
talking it ever since.
Martin Messner, of this city, was at |
Ishpeming over Sunday where he saw the
match between Quinn and John Rowett
last Saturday night. The match was
won by Rowett with little or no trouble.
The match was in five styles and Rowett
won three out of four. these being the
catch as-catch-caD, Cornish and sidehold
Quinn got the Graeco Roman. Quinn
was entirely outcIassed by Rowett. After
the match, match was made bet
iRowett and Mcmillan, the gentleman
who Travelled with Farmer Burns. 1t
will be two-style match, catch .as-catch-
can and Cornish, three falls in the latter
and two in the former. The advantage
is certainly IN Rowett's favor, as McMil-
Ian will certainly have to do some very
foxey work TO get either of the three
Cornish-style falls while ne is certain OF
the cstch-as-catch-can. The match will
De here or at Marquette.
The copper country evening news. [volume] (Calumet, Mich.) 18??-1907, 1898-03-08

Every seat in the Salvation Army bar
racks was occupied last Saturday even.
ing when Prof. Wills gave his stereoptl-
con entertainment and that gentleman
was certainly given very hearty testi.
monial OF the worth OF the entertainment,
not only from the crowd that turned
out, but by the manner in which they
showed their appreciation. The fact
that the same entertainment had been
given here before on several occasions
and that goodpa OF the audience was
made up Of those who had seen II before,
but who were 80 well pleased that they
came again speaks volumes for Mr.. Willis
ability to entertain.
The copper country evening news. [volume] (Calumet, Mich.) 18??-1907, 1898-03-08

Preparations for the proper observance
OF st. Patrick's day in this city are goins
on apace and everything will be done tc
make it an event that will long be re
membered and a celebration the like
OF which has never been seen here. In q
few days large sheet posters will be out
announcing the complete program OF the
davis doings. all the Hiberuian socie
ties OF the county will turn out and join
with the local organization in the cele.
bration and the Rifles OF this city and
Hancock will also be in attendance,
Father Cleary's address will be on the
subject, Irish Loyalty OF Human Liber-
ty" and the reverend gentleman will no
doubt give fine address.
The copper country evening news. [volume] (Calumet, Mich.) 18??-1907, 1898-03-08

The clear moonlight light last Satur-
day evening made it delightful for sleigh
ride parties and there was number of
them out. Quite few from here drove
10 Lake Linden. where they attended the
Mammoth ice rink and saw game OF
hockey between the Dollar Bay and the
Lake Linden te ms, in which the former
we're victorious. The playing of Yates
OF the Dollar Bay team was execution
ally good.
The copper country evening news. [volume] (Calumet, Mich.) 18??-1907, 1898-03-08

Mrs. Samuel Gillespie OF Hancock: who
has been here for the past few days hay
ing her eyes treated by DR.. Elliott, re-
turned home today. While here Mrs.
Gillespie was the guest at the home OF Mr..
and Mrs. X. G. Massman.
The copper country evening news. [volume] (Calumet, Mich.) 18??-1907, 1898-03-08

There was row in the KIondike saloon
last Saturday evening and Officer Stukel
arrested two men named John Huavista
and John Tommie On account OF the
trouble. They were up before Judge
Fisher last evening. the first to answer
the charge OF noise and disturbance and
the second on the charge of drunkenness.
The copper country evening news. [volume] (Calumet, Mich.) 18??-1907, 1898-03-08

To RENT-Two rooms over the restau'
rant next to the postoffice. Apply to
Mr.. Frank j. Goodsole, orb. L. Hooking,
Hancock.
The copper country evening news. [volume] (Calumet, Mich.) 18??-1907, 1898-03-08

The GAVIN company went to Marquette
Sunday, where they play week. Their
last performance here on Saturday even.
ing was well attended.
The copper country evening news. [volume] (Calumet, Mich.) 18??-1907, 1898-03-08

The Turkish candy kitchen, 406 Front
street, makes speciality OF fine Oriental
and fruit candies. Wholesale and retail,
Drop in.
The copper country evening news. [volume] (Calumet, Mich.) 18??-1907, 1898-03-08

There was a good sized crowd at the
Skating pavilion last Saturday evening
to enjoy the good ice and the music OF
the Fifth Regiment band.
The copper country evening news. [volume] (Calumet, Mich.) 18??-1907, 1898-03-08

A runaway horse caused no little ex.
element about the city last Saturday
afternoon. first doing damage on Sixth
street and then using Fifth for race
track.
The copper country evening news. [volume] (Calumet, Mich.) 18??-1907, 1898-03-08

Ben Rabey Of Mine street, is laid up at
his home with broken leg, he having In
lured himself few days ago.
The copper country evening news. [volume] (Calumet, Mich.) 18??-1907, 1898-03-08
A Good Girl Wanted

To do general homework. Apply any
afternoon after 2 o'clock to Mrs. Macken.
zie, corner OF Sixth and Pine streets.
The copper country evening news. [volume] (Calumet, Mich.) 18??-1907, 1898-03-08

Misses Julia Olson and Theresa Her
mann are visiting with friends at Han
cock, the guests OF the Misses Ruhl.
The copper country evening news. [volume] (Calumet, Mich.) 18??-1907, 1898-03-08

WANTED-A girl. Apply to Mrs. o.
lineer's. opposite Winners hall on Sey-
enth street.
The copper country evening news. [volume] (Calumet, Mich.) 18??-1907, 1898-03-08

Another party Of Kiondikers started
oct yesterday morning on their way to
The Coalville times. [volume] (Coalville, Utah) 1894-1923, 1898-03-11

Washington. March 7.-Th. Indian
appropriation bill as amended In the
Senate will be called up iu the House
thl, week and sent TO conference. The
bill came TO the house from the senate
with seventy-iive amendments, many
Of them important, aud including the
free homes provision, the disposition
ofthe gilsonite lands Of Utah aud the
ratification Of several Indian treaties
The House Indian committee, without
opposition, have agreed to disagree 70
all Senate amendments except the gill
sonite clause, which Ia 10 be concurred
In with an amendment, and the Semi
mole Indians agreement In 10 be
amended by adding the Kiowa agree
ment. Representative Eddy Of Mime.
sofa has given notice to the committee
that when the bill is called up In the
House he will move 10 concur In the
Senate amendments for the free home.
stead legislation. This will be stub.
bornly fought, as the committee has
dccislyely voted II down.
The Coalville times. [volume] (Coalville, Utah) 1894-1923, 1898-03-11

A prominent mining man Of this city,
who has Just returned from visit 10
Clear Greek county, mys:
"up and down the valley of Clear
creek great nctlyity IN gold mining Il
going ON. New mines aud mills are be-
ing put In readiness for work. As
soon ns the water IN nndy the rush NJ
ore shipments 20 the mills viii begin.
Negotiations for one large mill ARE
pending for Idaho Springs ana one at
Empire for the sann parties Three
mills win soon be ready NJ Dumont
aud three nj Empire These six mills
viii require $50 tons Of ore per day.
"Thc net output OF the Centennial
gold mine. In Georgetown. reached
$1,000. As the force Of company min.
ers was doubled In january. and bet.
ter ore taken out. the product was NJ
course larger. The Griffith mine n also
doing well. shipping large amount Of
gold orc."-llocky Mountain News.
The Coalville times. [volume] (Coalville, Utah) 1894-1923, 1898-03-11

Colonel George II. Davis. director
general OF the Worlds Fair, closed n
deal recently by which he. In behalf
OF n syndicate, becomes owner Of 3.50
ncrcs OF placer ground In Fremont
county. Wyoming. Tln property wa,
owned by Rnwllns parties. and tho
sale. which was made BY ]. II. Adam
OF Denver. was for n consideration OF
nearly 100000.
II IN claimed that the property con
tains 3O.OOO.OOO cubic cards OF gravel
averaging forty ave N nfty cents .
yard In gold. which wYild mike 90
tai Of Si3,5OO,OOO In III irnct. a dlicl
VIII he built NJ cost $4,000, nnd 4
IL believed that i6O0A karde WI bC
washed day. nj whch rate II Will
take seventeen years to clean out the
tract. Colonel Davis left to-day foi
Chicago. where he VIII make arrange
ments for commencing work M once
Twenty-Five men viii b. employed out
side VI the office force
The Coalville times. [volume] (Coalville, Utah) 1894-1923, 1898-03-11

Topeka, Kansas, March 5.-Gcorge
crallc, a notorious and clever pension
swindlcr. has been brought here for
trial after being arrested at IIolton by
government inspector. Cralle Is
wanted, II ia said, Ia Iowa, Missouri,
Nebraska aud other states lie has
sailed under several aliases.
Crallc claimed TO be n pension exam
liner. lie would hunt up ignorant pen
sioners and tell them that lac had been
sent west 70 examine their cases.
Among others he would claim that the
persons pension was In bad shape and
was likely 10 be cut on but for GER
tain amount OF money he would fix
thlngs all right In the pension office,
lie Is said 10 have operated extern
slvely in tho states above mentioned
and has rcaped a considerable sum
The government inspectors have been
on his trail for six months.
The Coalville times. [volume] (Coalville, Utah) 1894-1923, 1898-03-11

Havana. March 6-Most Of the naval
officers here and nj Key West incline
10 the opinion that tho court will lind
that the disaster 10 the Maine was
caused by the explosion Of floating
submarine mine under the port side Of
the ship forward. Opinions differ ms
TO whether the mine was made OF high
explosives, such as wet aud dry gun
cotton, or ordinary gun powder.
Opinions agree, not only as 10 the
existence Of mines Ia the harbor, but
also that this one was laid purposely
near the bouy where foreign vessels
were directed 10 moor, and was arcd
from an electric battery on shore.
II Is beloved barely possible that the
explosion was the result Of carelcssness
or Ignorance OF Spanish officers In
charge OF the mlLe station keys when
testing the circuit, but the latter sup
position Is felt to be probable IL Ia
further regarded as settled by the
evidence before the court that the port
aide OF the hull forward was complete
ly blown TO pieces, and that the only
explosion ON the Maine, except OF
Isolated cases OF fixed ammunition,
was that Of 5000 pounds OF salutlng
powder, stored forward, and OF which
10 trace can be- found.
The Coalville times. [volume] (Coalville, Utah) 1894-1923, 1898-03-11

PLACER MINING IN the ANiMAs.
The Ia Plata Company Preparing Tor d,
tsnsive Operations

The Ia Plata Company Preparing Tor ~
tsnsive Operations.
The Ia Plata Placer Mining Com
pany. operating In the Anlmas Valley.
about twenty miles above Durango, Ii
now completing arrangements 10 com.
mcncc active operations during the
coming season. This IL one OF the
most interesting mining propositions In
the state. At Bakers Bridge the Ami.
mas river passes through narrow
gorge with PERCEPTIONS rock sides. The
box canon thus formed being about 600
feet In lcngthh, and from - 20 90 feet
In width AZ the lower end " the
canon II n shelving rock sloplnr M.
ward and backward. and forming a
natural dam. Below the crest Of this
dam the canon Is from fifteen TO TWEEN.
~ feet deep, forming natural stump
into which the silt aud drift Of the
river has been deposited for ages. old
residents of the city say that twenty.
Ave or thirty years ago the water was
much deeper In the canon than nj
present. some say M much ms ten feet.
The fact that above this canon placer
mining has been carried ON success.
fully for years. while below very little
gold has been found tends To prove
that there must be- rich deposits oi
gold OF unknown depth In the bottom
OF the canon. and the company was
formed 10 work those gravel deposits
The company cut new channel for
the river aud erected a substantial dam
NJ the upper end Of the canon Work
has been progressing for about foui
years, the difficulty of handling IN,
water being the principal cusc NJ de-
lay. The upper works Of the dam
were carried away In 1891. aud last
fell n was decided 10 raise the dam 1,
sufficient height 10 strengthen Il NJ
that II can successfully resist the pres
sure OF the highest spring Hoods and
turn the entire body Of wntpr into IN,
new channel. This worl, n now pro
crossing rapidly and viii be- complete,
| IN time 80 that the water IN the cnnoi
] can be- pumped out and the wnrl, o
washing gravel commence early in thl
season. Tests 81 the deposit which d
n ccmcntcd gravel made when thl
canon was partially empilod two year
/ ago show that II IL ven rich. Th
company viii put In centrifugal
pump aud work the gravel deposits hl
slulcing. The bars near the canon ar,
/ alDo rich Ia gold.
The Coalville times. [volume] (Coalville, Utah) 1894-1923, 1898-03-11

Washington, March Senator War.
rem has introduced two bills, provid.
ing for the cession o, the arid public
lands 10 the various states In which
they are situated
one Of the bills ccdes all the lands
Internationally, aud the other pro-
vides for ccssion after certain prepare.
lions shall have been made by the
states to redeem the lands, such as the
division Of each state into irrigation
districts. the construction OF rcser.
voirs, etc.
TlSbill Is preceded by large pro-
<amblc, setting forth the fact that the
remaining public lands are practically
arid aud eau be reclaimed by irriga
ton ON an extensive scale. which Is
only possible by state enterprises.
This bill conveys all the lands west
Of tho 9gth meridian, except mincra
lands aud forest aud Indian rcserva
tions, 10 the. state Ia which they are
located.