davidaulloa/AmericanStories huggingface dataset:
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1899-01-26
SUPREME COURT.
Strong Language Applied to One At
torney By Another.


In the supreme court two cases were
argued and taken under advisement
by the court.
In that of Joseph F.. Potter VS.. the
Ajax Mining company, appellant, At
torney Thomas F. MarrioneauX was
the attorney of record for the appel
liant, but did not appear to make the
argument. Mr.. D. N. Straup repre-
sented the respondent. Mr.. Straup
said, in his argument, that on the 18th
of October, 1897, Potter commenced ac-
ton in the Fifth judicial district
against the Ajax company. alleging
that he had been injured in the defend
ant company'S mine, and praying for
$15, 900 damages. Prior to the COM
mencement of the action, plaintiff en-
tered into an agreement with S. D.
Page and Powers, Straup & Lippman,
by which the latter were to receive a
portion of the judgment as compensa-
ton for services rendered. While the
case was pending, Mr.. Straup said
that MarrioneauX, pretending to act
as the special agent of the London
Guarantee & Accident company, went
TO Payson, where the plaintiff resided,
and caused him to execute the releases
given the defendant company n the
insurance company, and hen procured
a dismissal of h case, paying plaintiff
the sum of 1,2C0 II getting the clerk
of the court at Nephi to enter an order
OF dismissal at the request and on no
ton of plaintiff.
Mr.. Straup further stated that Mar
rioneaux told plaintiff not to say any
thing about the settlement to anyone,
and to keep away from the attorneys.
A motion was'later made to set aside
the order of dismissal. which Judge
Higgins sustained. But" continued
Attorney Straup, I'VE had to meet the
alleged releases and order of dismissal,
for they were admitted in evidence"
Chief Justice Bartch inquired Of At
torney Straup if the charges he made
were a part of the record, and the an
sWer was they were.
And what is more, you honor" said
Mr.. Straup, the appellant made no re-
ply to them in its brief"
MI. Straup then went on to excoriate
AIR. MarrioneaUX, calling him a petit
logger and other contemptuous names.
The other case argued was hat of
Harvey NJ. Bacon, appellant, VS.. Ham
ilton G.. Park ct al.
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1899-01-26
JOHNSON TRIES A GUN FIGHT
TRIES TO REGAIN POSSESSION
OF BOX ELDER LAND.
Was ousted Recently By Order of
Judge Marshall, Who Decided
For the Southern Pacific.

1t begins to look as though it will re-
quire a regiment of United States regu-
lars to dislodge William johnson of
a tract of land, the right Of posses
sion of which Judge Marshall recently
decreed to the Southern Pacific. Last
Sunday Deputy United States Marshal
ohm Hardy and D. P. Tarpey, the COM
pany's agent, went to Point Lookout
and secured possession of the land, Mr..
Johnson submitting TO the ejectment in
al apparently friendly manner. Yes
terday some startling information was
received by Marshal Miller from the
men left to guard h premises. a nan
named Parsons, who was holding the
place for Tarpey, went to Corinne Mon
day morning to get some goods, when
Johnson walked ove to the house and
proceeded to wreck everything in sight,
throwing out the stove and smashing
the crockery. After Johnson took. his
departure, G.. \. Rose and Charles
Ford, employed by Tarpey, went to the
place to straighten things out. They
were standing near the house, about
four feet apart, when Johnson, under
owe of the brow Of the n~eighboring
hill, turned loose his rifle and bullets
WhiZzed between the two men. They
exchanged several shots and Johnson
finally beat a retreat. The men then
went to town and sent the account Of
the trouble by mail to the authorities
here. This is not the first time that
MI. Johnson has turned himself loose.
Last May, when Deputy Marshal
Smyth installed l.. G.. Wood in the pos
session of the property, the elected
man went in and tumb,ed things around
in true bear fashion. Mr.. Johnson's
conduct is very eXasperating, and
effective steps will now be taken to
dislodge him, although the plan was not
outlined yesterday at the marshal's
Office.
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1899-01-26
IMPORTANT ORDER RECEIVED
FOR THE DISCHARGE OF SOL
DIERS AT FORT DOUGLAS.
ali Who Enlisted During the Recent
War Will Be Released-Its Bear
ing On Regiments Departure.

An order was received by the COM
mand at Fort Douglas yesterday di-
recting the immediate discharge Of all
soldiers of the Twenty-fourth infantry
who enlisted during the late war, or,
more properly speaking, between April
q and Oct. 26, of last e This means
that 500 recruits will leave the post
within the next few days, and, it is
presumed, will receive travel pay to the
place of enlistment.
This is an order hat has been ex-
nected for some time, and is the result
Of an agreement between the govern
ment and the enlisted men that they
be discharged when the war was over.
There is endless conjecture as to
what bearing, If any, the order has
upon the removal of the Twenty-fourth,
some ~contending that the government
is getting the regiment in shape for
an unlimited stay in the tropics, while
others hold that it will not be sent now
that 300 of it's members are released.
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1899-01-26
LITTLE IN THE SENATE.
Yesterdays Proceedings Small In
Amount and Importance.

yesterday proceedings SHndA1 Ill
Amount and Importance.
Business in the senate yesterday was
limited to the Introduction of one joint
resolution and the reception of a single
communication.
The following joint resolution was in
troduced:
Senate joint resolution No 2, by AL
der: Proposing an amendment to sec
ton 3, article xiii, of the constitution.
The amendment is 20 same article or
the constitution as that introduced by
Senator Evans Tuesday. 1t includes
the amendment proposed by the Utah
county senator, and adds the following
additional words: Provided, however,
that all attachments made by the coun-
~ commissioners shall be made pro-
p~ortionately from the state and county
axes" 1t likewise includes in the prop
erty exempt from taxation reservoirs
used for irrigation purposes.
A communication was received from
the house, announcing that house bills
Nos. 2, 8 and 4 had passed the house.
The communication was referred to the
committee on judiciary.
House joint resolution No. 2, provid-
ing for the printing of 200 additional
copies of the report of the state board
of horticulture, vas signed by President
Nebeker.
The senate then adjourned until 11;30
this morning.
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1899-01-26

II approved by a majority of those voting
thereon
Sec. lie. All municipalities and political
subdivisions of this state (such as u
ty. city, town. township, or school dis
trict1, ma exercise the right or direct
legislation. as provided for the state in
sections la and ID of this article, by fling
their petition with the clerk of the law
making body OF the municipality.
Sec. Id. Whenever any law or part of a
law h have been declared ~unconstitu-
tional by any state court, the executive
shall submit it 10 all the electors the
same as IL it had been initiated by five
per cent of the qualified electors, and if
approved by a majority of those voting
thereon, it shall become a law of the state.
Notwithstanding anything in the constitu-
ton to the contrary.
Sec. lie. Until laws are enacted specially
providing for the enforcement of this
amendment, the secretary of state and all
other officers, in referring measures, pro
ters, shall be guided by the general cleo
ton laws, and the provisions of acts here
tofore passed referring avs and constitu-
tional amendments TO the electors for ac-
ceptance or rejection, supplemented by
such reasonable action as may be neces-
sary to render this constitutional provi-
sion self-executiEg.
The resolution also proposes to amend
section %, article vi, by substituting the
following:
Sec. p. The ~enacting clause of every
law shall be, b il enacted by the legis-
lature of the state of Utah. except such
laws as may be passed by the vote of the
electors, as provided in sections La and 1b
OF this article, and such laws shall BEGIN
as follows, b 1t enacted by the people
OF the state of Utah No bill or joint
resolution shall be passed, except with the
assent Of the majority of all the members
elected to each house of the legislature,
n after it has been read three times;
The vote upon the final passage OF all
bills shall be by yeas and nays; and no
law shall be revised or amended by refer
ence to its title only; but the act as re-
Vised, or section as shall be re-
enacted and published at length.
A LITTLE HITCH HERE. ,
House bill No. 9, relating to ~off-color
marriages, was referred back to the ju-
dietary committee, on request of the
committee.
Chairman Stewart of the judiciary
committee submitted a majority report
recommending passage of house bill No.
Z, relating to practice and procedure
in the state supreme court.
Representatives Johnson and Farr
submitted a minority report, recon-
mending the rejection of the bill. Con-
s%ideration OF both reports was deferred
until this afternoon.
The following addition to rule 81 was
offered BY Representative Jackson and
adopted:
Whenever a standing committee of
the house reports q bill, joint or con-
current resolution, the report, whether
favorable or adverse, shall be consid-
cred as received and filed, and such re-
~ces9tion shall have the effect only of
placing said bill or other measure be-
fore the house for its action in regular
order"
The house adjourned till 2 p. m. today.
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1899-01-26
OFFICE SEEKERS SQUELCHED
GENERAL HENRY STOPS CLAMOR
OF AMERICANS.
Says Puerto Rico Is For the Puerto
Ricans, and the Omces VIII Be
Filled BY Loyal Natives.

San Juan de Puerto Rico. jan. 5.-The
following letter was sent by General Hen
~ 10 the newspaper men here with the
request that 1t should be given publicity:
1t is not my intention to pat in office
Spaniards or Spanish sympathizers. This
is an island of Puerto Ricans. and will be
so considered. Americans must under-
stand that this island is not one of con-
quest, but was surrendered 10 the United
States by the Puerto RicaEs who had been
loyal to the government of the United
States, and / propose to consider them
for office as such in the future.
After the country IS organized and put
in form under proper laws, if the Puerto
Ricans desire TO elect Americans to office.
that viii be their business and the Amer
leans good fortune.
This clamOring for office on the island
by Americans, to the prejudice of educat-
ed Puerto Ricans. must stop. Their claims
VIII not be considered when Puerto Ri
cans who are equally capable of filling the
offices are available. l am sure that all
good, true Americans will agree with me
hat all Puerto Ricans who were loyal TO
the American government and the flag
when they were under Spanish rule and
who are capable. should BE rewarded -o~
their loyalty through preference in aD-
pOintment. TO positions of responsibility
as far as possible.
(Signed) Guy V. HENRY,
Major General Volunteers, Command
There are several American LAWYERS
here, and they regarded the letter, Upon
- liz -EeNAAAAo. g. q Ct ~ =
on visiting the general. however. he eX-
planned that they had misunderstood the
meaning of the letter. and that ii was his
intention 70 remove the impediments that
now prevented them from prGcticing their
profession here or holding office. 1t Is
a question whether the American lawyers
should be admitted to practice in the
Puerto Rican courts, since none of them
know anything about the laws of Puerto
Rico.
But this letter was insignificant in i'm
p~Ortance compared to the order OF the
war department, recently mad public
here, concerning the granting of fran
ch;ses for public Improvements. This or
der prohibits the. granting or any iran
chise or concession for public works BY
any municipality. without the approval Of
the major general commanding. who shal.
before approving any such grant or con-
cessIon, DE authorized by the secretary of
war.
This order will affect all enterprises for
the building of tramWays. railroads. tele-
graph and telephone lines. WaterTorks,
gas works and electric light works.
OF course. the effect was 10 put u stoD
to all work on such enterprises, and il
seemed TO many that the holders Of old
Spanish concessions would have 4 mOrop-
oily. to the great detriment of American
investors.
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1899-01-26
AGAINST INCORPORATING
BINGHAM RESIDENTS FILE PRO
TESTS WITH CoNMIssIoNERs.
Claim That the Incorporation of
Bingham Will Increase the Taxes
Some Of the Signatures.

A good many citizens of Bingham are
opposed to the plan of Incorporating
that camp and protests are beginning
to come il to the county clerks Office,
praying the board of county commits
sioners not to permit the town to be
incorporated. The protesting people set
out in their petitions that the taxes will
be greatly increased and the citizens
otherwise burdened with additional
cost Of maintaining peace and good
order.
Two of these petitions were filed yes
terday. containing the signatures of
such men as B. B. Quinn, +. Miller, F..
O. Miller, George Roe, z. c. Garland,
J.. D. Lamb. w. j. Burdette, Joseph S.
Everill, A. ]. Hampton, o. C. Mccain,
J. Howley and d number of others.
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1899-01-26
The Liver Keeps People Well.

When the Liver is sluggish, all other
organs are involved. You suffer from
Headache. Indigestion, Pain in Back,
Chills and Loss Of Energy. You Will
never know how promptly these trou-
bles can be cured until you use Herb
inc. It cures quickly when other eme
dies utterly fail. Regulates the Liver,
Puriies the Blood. Herbine is a Harm
less Vegetable Remedy that gives new
life and energy almost from the first
dose. Price. so cents. Free Trial Bottle
at z. c. NJ. 1. Drug Department.
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1899-01-26
The Ravages of Grip.

That modern scourge, the Grip,
poisons he air with its fatal germs, so
that no home is safe from its ravages,
but multitudes have found a sure pro-
lection against this dangerous malady
in DR.. Kings New Discovery. When
YOU feel a soreness in your bones and
muscles, have chills and fever, with
sore throat, pain in the back Of the
head, catarrhal symptoms and a stub
born cough you may know you have the
Grip, and that you need DR.. Kings
New Discovery. 1t will promptly cure
the worst cough, heal the inhamed
membranes, kill the disease germs and
prevent the dreaded after effects CT the
malady. Price so cents and 81. Money
back if not cured. A trial bottle free at
q. c. M. 1. drug store.
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1899-01-26
Real Estate Transfers.

D. C. Tunnicliff to Niels Hansen,
part of section 80. township 2south,
J. w. Donnellan ct al. to All Hal
lows college, part of blocks IS
and %, five acre plat A............ $50
John Odson to Anna Carlson, part
OF lot Il, Glendale Park. ........... 2
Pioneer l.. & II. association to w.
Z. De Grcot. parts of lots 8 and
4. block %, five acre plat A.. 81
a. 3. Sawyer to Pioneer l.. & II.
association. parts of lots 8 and 4.
block %, five acre plat A.......... IL
Henry Michael to T. w. Powell,
WEIGH Girl lode No. l, Little Cot
tonWOoQ
Daniel Mackay to II. Mackay, part
Of section "a, township l south,
range l west 2
Ellen NJ. Park ct al. to H. Mackay,
part of section a. township l
south, range l west ............ 5
Harriet w. Sells to Alpha Con-
solidated Mining Company, inter-
est in Sells lode, Little Cotton.
NOOu - 80 ~
c. ". Heidel ct al. to c. II. Ward.
interest in Annie + lode, West
MOUNTAIN .-.-.-.
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1899-01-26
Piles Are Easily Cured.

Nature has provided a specific for
niles. 1t is the active principle of the
common buckeye. This principle is ex-
tracted by a special process and in
combination with other remedies forms
Pile Ointment.
This ointment cures nothing but piles.
but it cures blind, bleeding and pro
truding piles every time. 1t makes OPP
erations needless; cures when opera
tions fail. This is why physicians rec
ommend it. Bottles, so cents. In special
tubes for handy application. 10 cents.
Can be sent by mail.
Sold by Z. C.. NJ. I. Drug Department.
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1899-01-26
THE LATE GEORGE CULLINS.
Remains Will Arrive Here On Sun
day Morning.

The remains of the late George Gull
Inns, who died in Chicago On Tuesday,
viii arrive here over the Rio Grande
Western on Sunday morning and will
be taken t Masonic hall, where serv-
ices will be held in the afternoon by
Utah Commandery No. l, Knights
Templar, of which the deceased was
standard bearer for twenty-five years.
In the evening the remains will be
taken to San Francisco for burial.
Mr.. Cullins was a California pioneer,
and a worthy representative of that
noble band. He followed mining in one
form or another nearly all of his life
and was successful. In Utah, and es-
pecially in Salt Lake, he was widely
known and universally respected.
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1899-01-26
Representatives Work While Sena-
tors Take 1t Easy.
INITIATIVE, REFERENDUM
PROPOSITION FOR DIRECT LEG
IsLATIoN BY THE PEOPLE.
Still Trying to Amend the Constitu-
tion-Hcuse Bill Passed Carrying
an Emergency Appropriation
Taxation Of RAILROAD Lands
welch's Railroad Bill Killed.

The knowledge that Saturday will
mark the close of the first third of the
legislative session prompted the house
of representatives to rush through with
an accumulation of matters when the
opportunity was again presented yes
terday afternoon. The deferring OF the
usual afternoon balloting for senator
afforded ample time to transact bust
ness in the house, and the opportunity
was advantageously employed. The
senate neither considered nor disoosed
OF any appreciable amount of business.
chiefly because its committees have not
yet reported on measures referred.
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1899-01-26
Court Notes.

David Eccles ct FL. VS.. Fred E. Wam-
bolt ct al; judgment for the plaintiff
as prayed.
Siegel Clothing company VS.. John
Meyers ct al; judgment for plaintiff
as prayed.
Salt Lake Hardware company VS..
Mountain Ice company ct al; judgment
fer the plaintiff for s25.16 and costs.
In the matter OF the. estate of James
l.. Ellison, deceased; the petition for
sale of real estate vas dismissed.
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1899-01-26
ABIG TRACT TRANSFERRED.
All Hallows Now Has Land For Its
Great College.

The deed was recorded yesterday
transferring to All HalIows college a
forty-acre tract of LAND on the east
bench. near Liberty park, for a on
sideration stated at $4,000. President
Larkin of the college states hat it is
the intention to commence improving
the tract as soon as spring weather
comes, and then erect the largest and
finest college building in the whole in
termountain region, with accommOda-
lions for LOGO students.
The exact location Of the land is on
Ninth and Tenth South and Fifteenth
East streets. The purchase was made
through T. E. McGurrin & Co, Colonel
]. w. Donnellan and Mr.. Weld selling.
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1899-01-26
FROM U. S. sUPREME COURT.
Judgment of Nonsuit In Case of
Pratt VS.. Parsons.

a writ Of mandate from the United
States supreme court was yesterday
filed in the state supreme court in the
case of Arthur Pratt vs.. Elias II. Par
sons, appellant. The writ nOnsuits the
judgment in favor of Pratt by stipula-
ton. Pratt obtained a judgment against
Parsons for $1,547.56 for services rem
dered as deputy marshal, but the YER
dict was by nine of the twelve jurors
before whom the case was tried. The
United States supreme court had pre-
viously held that a verdict by less than
twelve jurors is illegal, hence the re-
VerSaI
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1899-01-26
FOR DIRECT LEGISLATION.

Representative Smith, the lone Popu-
list from Weber, offered house joint
resolution No. D, proposing to submit
TO the electors at the next general
election a form Of amendment to the
state constitution, providing for direct
legislation by the people. The reso-
luton was referred to the judiciary
committee.
The first amendment proposed in the
resolution is to substitute the following
for section l, article VI of h state
constitution:
Section ]. The legislative power of the
state is inherent and shall be invested in
the electors q this state, in a general as
sembly, which shall consist of the SEN
ate and house OF representatives. The
legislative power OF any municipal divi-
sion of this state (Such as county. city.
town. township, or school district. on It's
own municipal matters, il inherent and
shall be vested in the electors Of each
municipal division. subject TO such laws
of a general nature having uniform opera
ton throughout the whole state. as the
electors or the general assembly may
See. Ia. Fiv per cent of the qualified
electors of the state of Utah. as shown
by the last congressional election, shall
have the power TO require that any act
or part Of an act passed by the general
assembly shall be referred 10 the qualified
electors of the state at the next general
election, TO d effect if approved by a
majority of those voting thereon by films
their signed demand with the secretary of
state not more than sixty days after the
adjournment of the general assembly
which passed the act, earlier than which
date no law, or part of a law can become
operative. Any law whose reference is
properly petitiOned for shall not take eff
feet till approved by a majority of those
voting thereon. All laws for the inme-
diate preservation OF the public peace,
health and safety may so into immediate
operation if passed by a three-fourths
vote of the member elected. respectively.
TO each house.
See. ID. Five per cent of the qualified
electors Of the state of Utah, as shown by
the last congressional election, shall nave
the power to propose any law or amend
ment to the constitution of this state and
require that il be referred to the qualified
electors of the state. if it is not a law
enacted by the general assembly, as pc
titioned for. at the first general election.
occurring at least two months for a law
and six months for a constitutional
amendment. after such demand snail have
been fled with the secretary of state, to
become g law or part of the constitution,
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1899-01-26
1000
/
That Throbblng Headache

Would quickly leave YOU if you used
Dr.. Kings New life Pills. Thousands
of sufferers have proved their match
less merit for Sick and Nervous Head
aches. They make pure blood and
strong nerves and build up your health.
Easy TO take. Try them. Only rs cents.
Money back if not cured. Sold by u. C.
NJ. l., drug department.
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1899-01-26

Acker's Dyspepsia Tablets are sold
on a positive guarantee. Cures heart
burn, raising of the food, distress after
eating or any form of dyspepsia One
little tablet gives immediate relief. %
cts. and so cts. For sale by Z. c. NJ.
/. Drug Dept.