davidaulloa/AmericanStories huggingface dataset:
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1899-01-07
OF JUSTICES
RULING BY JUDGE CHERRY IN
NEWELL VS.. TUFTS.
Judgment Was Void, Because the
Justice, Without Authority of
Law, Held Court Outside Precinct.

According to a ruling of Judge
Cherry, justices of the peace were with
out jurisdiction prior to the legislative
enactment of 1897, to try cases even by
waiver or consent, when the justice
he'd court outside Of the precinct for
which he was elected. However. I'M
der the new law, a justice of the peace
elected from any precinct in an incor-
Jorated city may hold court outside of
his particular precinct within the city.
In ruling upon the motion to dismiss
the case, which was on appeal before
him yesterday, Judge Cherry said at
first he was of the opinion that the
parties to the suit had waived the
question of jurisdiction by appearing
and participating in trial of the
cause in the justices court. But after
hearing the arguments of counsel and
noting the authorizes quoted, he wcs
clearly of the opinion that while the
litigants might waive some jurisdic-
tional questions, the question of the
Justices right to sit was a matter Of
law, and if the statute gave a justice
of the peace no right to try cases out
side of his precinct, no agreement or
consent of the parties would give him
the right to proceed. nor make valid
his proceedings which the law made
void. Judge Cherry held that Justice
Whitehorne had acquired no jurisdic
ton of the subject matter. and. as the
district court, in appeal cases. derived
its jurisdiction from the lower court.
his honor felt in duty bound to sustain
the motion and dismiss the action.
Counsel for plaintiff took an excep-
ton 70 the courts ruling.
The title Of the case which was dis
missed by Judge Cherry yesterday was
Albert c. Newell VS.. Don c.. TUFTS. The
plaintiff obtained a judgment of 1888
and $3.50 costs in Justice Of the Peace
D. S. Whitehorne's court, in September.
1898, for services alleged to have been
rendered. An appeal was taken to the
Third district court, and when the case
was called before Judge Cherry yester-
day, defendants attorneys. Sonnedeck-
er & Taylor, moved for a dismissal. on
the ground that Whitehorne was elect
ed Justice of the peace in and for the
First precinct, but held court in the
Second precinct. and was. therefore.
without jurisdiction to try the case. It
was contended, in support of the mo-
ton, that Judge Merritt. in 1885. when
similar question was raised. had de-
cided that Justice Whitehorne lacked
jurisdiction to try the case Of Hitler VS..
Morton, for the same reason now adj
Vanced.
The motion to dismiss the case was
resisted by Attorneys Straup and Lewis
counsel for plaintiff, on the plea that a
justice elected from any one of the Salt
Lake City precincts had jurisdiction
over any person or case within the linn
its of the municipality.
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1899-01-07
Norwich Goes Breqkfastless.
(Philadelphia Press.)

A queer campaign was inaugurated
in Norwich, Conn, a little while ago.
Most of the people of the town suffered
from Indigestion through living on IN
derdone pie, and a genius discovered
that in France Indigestion is unknown.
He attributed that fact to the other
fact that the French people do not eat
any breakfast.
So the people of Norwich resolved 10
give up eating the first meal of the day.
The newspapers and the clsrSyman
whOoped the scheme up. The boarding
houses chimed in, and the antiB. eak-
fast club was formed to exact q ledge
from the townspeople.
1t is now announced that the plan
has been given up, and Norwich is
once more eating three meals a day.
The last opponents of breakfast. the
clearinghouse, surrendered last week,
realizing that the bottom had tumbled
out of the crusade.
Anyone who has ever eaten a. Nor
wich Comm breakfast, would have no
trouble in swearing off from it. 1t
consists of pie, jelly-cake, cranberry
sauce, ham sandwiches and lukewarm
coffee served with condensed milk.
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1899-01-07
Police Etchings.

Forfeitures from Smith and Brown.
keepers of gambling houses, amounted
to 500.
The case of keeping a dog without a
license against Mrs. Nellie Wall was
dismissed, the lady having paid the
tax yesterday.
Jim Smith, a begger, was ordered
into winter quarters for thirty days
yesterday. Frank Shemulligan, an
other alleged begger, was discharged.
Charles Leaker, of 124 Leakers court,
reported to the police last night that
an overcoat belonging to him was
stolen from the check room of the Cliff
dancing hall.
The case against G. Mccoy, charged
with embezzling route book from the
Keystone dairy, was dismissed by
Judge Timmony yesterday on motion of
the county attorney.
John Wright, the Twenty-fourth
regiment colored soldier, who became
intoxicated Thursday, was fined 800 by
Judge Timmony, who remarked that he
proposed to be severe on drunken SOL
diers and hold them down. Wright is
serving time in the city jail
Andrew Christensen and Gus Allen,
two young boys, were arrested by
Sergeant Burbidge and Detective
Gillespie last night for stealing bottles
from the rear of the Kentucky Liquor
store, on East Second South. They are
held at the city Jail on charges of petit
larceny. Christensen is the lad who
recently stole a watch from a restaur-
ant on Commercial street, but the
owner concluded not to prosecute upon
the recovery of the property and the
boys penitential admission of his guilt.
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1899-01-07
Setter Routs BURGLARS.
New York Journall

Two highwaymen of marked appear
ance went into the saloon of NJ f.
Toomey, and made a survey of the place
and an appraisal. They asked how
much money there was in the cash reg
lister, looked pleased and went away.
They returned a few hours later and
ordered two beers.
While TOomey was keeping as much
froth as possible out of the glasses and
not intent on anything else, he felt d
revolver pressed against his forehead.
Throw up your hands, said enc Of
the highwaymen, land no fooling about
it. either"
Toomey is an obstinate, disobedient
man-one of that sort who can be led
By deeds of kindness, but never forced.
All the rebelliOuS nature in him rose
Instead of throwing up his hands he
did the exact contrary, throwing them
down. The beer WAS dropped and split
1t ran into the water trough.
Nor was this all. w thout any warn
ing TOomey seized g siphon of settler
water and, aiming it at the highway
man, let fly.
The thing was done so rapidly that
the desperadoes were disconnected.
ToOmey had the exact range of the men
and raked them fore and aft with the
rapid-fire mineral water bottle, first one
and then the other.
With a howl of fright-the villains
fled. The door opened at the same mo-
ment to admit thirsty customer.
stop EN-" yelled Tocmey. but the Gus
toner didn't, and the thwarted thugs
gained the street, their clothes and
spirits dampened by the kissing stream.
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1899-01-07

William Morrison, Charles Vivian and
F. W. Asnus, charged with burglariz-
ing the store Of Barnes, Hardy & Co.,
on Friday night, Dec. 80, were bound
over to the district court by Judge
Timmony yesterday afternoon. They
are held at the county jail in default
of 81, 500 bail.
Morrison was given q preliminary
hearing, his defense being conducted by
A. 7. Schroeder. Vivian and Asmus
each waived a preliminary examination
The charge of burglary was dismissed
against Adams, and a charge of receiv-
ing stolen goods was brought He pied
not guilty and trial was set for Jan. H.
The witnesses introduced were Chief
Pratt, Mr.. Barnes, Sergeant Janney,
Policemen Temple and Raleigh. The
circumstances of the burglary were re-
cited by Mr.. Barnes and the goods
found in the possession of the men
were identified by him as coming from
the store Chief Pratt and the officers
narrated the circumstances of the cap
ture of the men and the finding of the
sack full Of shoes, knives, handker-
chiefs, etc, in their possession 1t was
shown that the three pairs of shoes
taken from Morrison, Vivian and As
mus fitted the tracks found in flour
sacks in the store and in the snow
outside.
Last night Chief Pratt stated that
another probable charge of burglary
had been found against the men by
young lady living at "a South West
Temple, identifying one of the women's
dresses found in their possession as
having been stolen from her home.
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1899-01-07
It Will Be Held On Tuesday
Next.
THE REAL OBJECT IN VIEW
FINAL STEP IN TAKING UP
SHORT LINE STOCK.
The Consolidation of the Two Sys-
TENS Will Then Be Practically Eff
fected-The Ogden Gateway Again
Southern Pacific Reduces Rates
On Wine and Rice.

Among the important events to
transpire IN railway circles in the
course of a comparatively short while,
is the complete and formal consolida-
ton Of the Union Pacific and oregon
Short Line systems, which, though not
officially announced, viii be primarily
effected at the special meeting of the
Union Pacific stockholders in this city
on Jan. 10. The special meeting is
called for the purpose of considering
and acting upon proposed amend
ment of the articles CT association of
the company, increasing its common
capital stock by the amount of $27 $780,
100 and of authorizing the issue and
use of such additional stock, and Of
taking all suitable action in that be-
half" etc.
In increasing the capital stock, the
Union Pacific takes the final step
toward consolidation and the issue and
use of this stock will be for the pur-
pose of taking up Oregon Short Line
stock certificates, thereby completing
The combination. This is the ultimate
object of the meeting.
The stock certificates bear date of
March 16, 1897, upon which date the
segregation of the Short Line and
Union Pacific took place 1t is a we'll
known fact that since this time the
latter road has exercised the advantage
of the controlling interest it maintains
in Short Line stock; and, while the
roads have been, and are now, oper-
ated under separate management, the
Union Pacific has sort of dictated the
policy to be pursued by the other. 1t
is in line with this mandatory policy
that the consolidation is to be effected.
The meeting is to be held in this city,
for the reason that the company is in
corporated under the laws of Utah,
and the executive officers and legal
representatives Of the Union Pacific
will arrive, probably Monday, to at
tend the meeting the following day.
There has been some speculation as
to what effect consolidation Will have
on the Ogden gateway, a popular SEN
timent being that the same Will not be
closed.
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1899-01-07
Arguments In the Nevada-Farns-
worth Suit Commenced.
GOES TO THE JURY TODAY
RAWLINS WILL PROB
ABLY SPEAK THIS MORNING.
John w. Maxfeld of This City Files
a Petition In Bankruptcy-His
Dollars-Domestic Laundry Ven
ture Brings Out Petition.

The evidence in the Farnsworth case
was all put in yesterday, and the ar
guments to the jury are now under
way.
The INSTRUMENTATION of Mr.. Farms
worth was completed yesterday morn
ing. Mr.. George A. Land was recalled
by the plaintiff and testified that Mr.:
Farnsworth had made no arrangements
with him to obtain specific sums of
money.
T. L. Oddie, a director of the Nevada
company, was also called by the plain
tiff, and testified that Mr.. Farnsworth
had not made known to him that he
owned the properties.
A deposition was read by Joseph
Bray and other witnesses recalled
briefly were o. A. Murdoch, W. H. and
Simon Bray, Arson Phelps Stokes and
j. G. Phelps Stokes.
In behalf of the plaintiff Judge Street
commenced his argument to the jury
shortly after 2 o'clock, continuing until
$3.50. Judge Marshall. perceiving that
the speeches were liable to- be too long
drawn out, announced a limit of FIVE
and one-half hours to each side. This
morning the defense will commence its
argument, and it is thought that Mr..
Rawlins will address the jury. Judge
Dey will deliver the closing speech for
the plaintiff, having the remaining two
hours and ten minutes.
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1899-01-07
Railway Notes.


G. H. Course, the Short Lines agent
at Ogden, was in the city yesterday.
The railroad men will have a large
representation of stock growers in
Denver, Jan. 24-2S.
c. 1. futile. general live stock agent
of the Short Line is in the north look
ing after shipments
Tracy Cummings, stenographer in the
Westerns claim department, has ac-
cepted q. similar position with the Short
Line
Whisky, in less than barrel lots. will
hereafter be shipped according to class
ificatiOn and class rates, the order go
ing into effect yesterday.
George W. Ballantine, general mama
ger of the Union Stcckyards at Den
yer, made a brief stay in the city, leav-
ing for the east last night.
NJ. II. McCallister has recovered from
a severe attack Of Ia grippe and re-
turned to his duties at the city ticket
Office of the Short Line yesterday.
The Short Lines excursion TO Mercur
today promises to be largely patron
lied. The odd Fellows will go down
en masse for the purpose Of establish
in, a branch organization.
Traffic Manager Babcock viii be ac-
tive in the meeting at New York Tues
day, which has for a primary object the
settlement of the rate situation. Mr.
Babcock viii act in every way for the
benefit Of western roads.
Word was received here yesterday
that the presidents of all eastern lines
had been called to convene in Washing
ton, D. ., for the purpose Of inquiring
into and strengthening out the rate
controversy. and to take further steps
to see that the laws Of the interstate
commerce commission, by which body
the call was issued, were abided by.
The call included only lines east of
Chicago and St. Louis.
L. .. Leonard, travelling freight agent
of the Missouri Pacific came down
from Butte yesterday. He reports the
railway industry on the boom in the
north, and confidently voices the opin-
ion that there will be more railroad
building in western Montana this year
than ever before. Speaking of other
matters, Mr.. Leonard says that Butte
is now smokeless; that business is
good, and than u red-hot senatorial
fight is waging, all Of which are great
attractions.
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1899-01-07
CATTLE AGAINST SHEEP.
Conflict Over Possession of the Sara
toga Valley Range.
Especial Correspondence.)

N-CCCAe'A
Rawlins, Wyo., Jan. 1.-Two weeks
ago party of masked men, numbering
about fifty persons, appeared at the
ranch of William King in the Sara
toga valley, south of here, and drove
off a band of sheep owned by ex-Mayor
Rasmussen of this city, and which was
being pastured and fed at the King
ranch A week later King and some
neighborS came to RaWlinS and sWore
out warrants against Eli Lee, Levi
Wagner and one other, whom, it was
charged, We're members of the masked
band. Their arrest followed and Gre
ated sensation, as all bore excellent
regulations and, although they are cat
tlemen, no one could believe that they
had hand in the work of driving off
the sheep The trial of the men has
been set for next week, when, it is
expected, some sensational disclosures
viii be made. Mr.. Lee can easily prove
an alibi, as he was at the ranch of a
friend in the extreme upper end of the
valley, some fifty miles distant.
During the past five or six years
trouble between the cattlemen and
flockmasters in the Saratoga valley has
been brewing and it is said that unless
something is done soon to settle the
question of range rights, serious trou-
Bile will result. The valley is settled
up by small ranchmen, who own small
punches of cattle, and not until a few
years ago did the sheepmen make their
appearance in the section. The cattle
men say they are determined to pro-
tect their ranges and homes from the
Entertainments of the sheepmen and
Will use every honorable means to pre-
vent the latter from using the ranges
The sheepmen are equally determined.
They say they have as good a. right to
the ranges as the cattlemen and will
stand up for their rights and fight for
the same if necessary
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1899-01-07
GREAT TELEPHONE COMBINE.
All Bell Companies VIII Probably
Be Consolidated.

Cleveland, O., Jan. 6.-Mr. James P.
McKinsley, general manager of the
Cleveland Telephone company, which
has just absorbed all of the Bell Tele-
phone interests in the state of Michi-
gan, stated today that eventually he
believed all Of the Bell Telephone COM
panies throughout the country would
be consolidated into one great organ
ization. The Cleveland Telephone COM
pany now controls all the Bell interests
in the states of Minnesota, Texas, Ar
kansas, North Dakota, South Dakota,
Michigan and the city of Cleveland.
las matter of economy, if for no
other reason" said Mr.. McKinsley, II
think that sooner or later all the COM
panies working under Bell licenses will
be combined into one great corpora
ton, just as all of the several tele-
graph companies of this country were
merged into the Western Union quar-
ter of century ago. However, 1 have
no knowledge that this step is at pres
ent being considered, but there is a
natural tendency toward such a move
ment, and it is, in my opinion, bound
to come"
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1899-01-07
GOVERNOR LEEDY STIRRED UP.
Wants Legislature to Investigate the
Charge That He Is Corrupt.

Topeka, an, Jan. Ex-Governor Leedy
sent a message to the house this morn
ing in reference to the accusation made
by Representative Brown of Cowley
late yesterday afternoon that Governor
Leedy was influenced by the use of
money. 1t reads as follows:
ITO the House of Representatives,
am reliably informed that member of
the house stated on the floor that he
had letters in his possession from the
executive. department to parties de-
manding money as the consideration for
official action. l think the house owes
it to the state to have the evidence
produced. JOHN w. LEEDY''
Owing to the absence of Mr.. Brown
when the message came up it was al
lowed to go over without any action
being taken.
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1899-01-07
vic stromberg Roasted.

Victor Stromberg. a pianist arrested
for vagrancy, was compelled to take a
humiliating roasting" from Judge
Timmony yesterday. The testimony of
witnesses and StrombeTgs own admis-
sion showed that his sole occupation
for long time has been that of a
pianist in house of prostitution. The
court expressed his opinion of Strom-
berg by saying that he considered his
calling the lowest that a man could
engage in, and held that he was a
vagrant under the ordinance. Strom-
berg had previously conveyed his will
ingness to leave town, and the Judge
decided to give him until7 o'clock last
night to seek other fields.
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1899-01-07
Real Estate Transfers.

John Jimpson, ST.. to Nina jump
son, parcel. Bingham .......S so
G. e. Chandler to John Jimpson, ST.,
parcel, Bingham ...... ............. so
Herbert North to B. 3. Quinn, part
lot 4, block IS, plat B......... $50
w. II. Bywater to Ann E. bruce, part
lot g block Sc, plat d ... 66
p S. Condie to Salt Lake county,
part section g. township south,
range west ......... ..........
W. NJ. Mainland ct al. TO ]. B. Ste
phens, interest in Ruth lode, West
Mountain .--.-.........
II. r. Spencer 10 Utah & Salt Lake
Canal company, water right, Jordan
river . ......
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1899-01-07
SOUTHERN PACIFIC RATES.
Reduced On Wine and Rice Bound
For Eastern Points.

San Francisco, Jan. 6.-The Southern
Pacific company has announced a re-
ductiOn Of rates on east-bound wine
and rice. The new rate on rice from
San Francisco to Chicago and st. Louis
and all points east of those cities is 50
cents per 100 pounds in carload lots.
The former rates were 80 cents to St
Louis, 60 cents to Chicago and 10 cents
to New York. The object of the new
rate is TO allow of japanese rice be-
ing milled here and sold in COMPETE
ton with the rice imported at and dis
tributed from New York via the Suez
canal.
The rate of wine in wood from Cali
fOrnia wine shipping points TO New
York and New Orleans via the Sunset
route is to be reduced from 60 cents to
40 cents per 100 pounds, beginning
with the 18th inst This reduction is
due to the competition of the clippers.
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1899-01-07
Beef Was All Right.

Washington, Jan. Colonel Henry
Sharp of the commissary department
who served at Camp Thomas and in
Puerto Rico during the war, was be-
fore the war investigating commission
today He said that he had superin-
tended the issue and inspection of re-
frigerated beef in Puerto Rico; that he
had been in the commissary department
for fifteen years. and that the quality
of the fresh beef issued at Camp
Thomas was equal to any he had ever
seen in the army.
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1899-01-07
Cob Pine Frauds.

St. Louis, Jan. 6.-Inspector Williams
of the postoffiee secret service has gone
to Philadelphia to bring Henry Ring
beck to St. Louis for trial before the
federal court on the charge of using
the United States mails fbr fraudulent
purposes. He is the leader of a gang
of five men, all of whom are now un-
der arrest, who are charged with fraud
ulently promoting corn cob pipe facto-
ries. They operated all over the coun-
try, particularly in Missouri. Pennsyl-
vania, Ohio, Indiana, South Carolina
and Louisiana, and according to Post
office Inspector Dye they did large
buSiness
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1899-01-07
District Court Notes.

Judge Hiles will make setting of
equity cases today at $3.50 a. m.
In the case of John P. CahoOn against
Brigham Z. West ct al. which was UP
before Judge Cherry yesterday. jury
was waived, and the case continued by
consent of attorneys for both parties.
Sheriff Towels will today sell the
personal property belonging to the cop
per plant. The sale viii take place at
the plant, and it is expected :arge
number of bidders viii be present.
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1899-01-07
OIL LIGHT TRUST.
New Combine With a Capital of
Twelve Millions.

Trenton, n. j., Jan. 6.-Articles of
incorporation of the United Lighting &
Heating company, with an authorized
capital of s12,OOO,OoO, were filed with
the secretary Of state today. The in
corporators are: Edwin D. Hand, jr.,
of Philadelphia, F. H. MacMorris of
Philadelphia and John H. Devlin of
Gloucester City. The company is or
ganized for the purpose of consolidat-
ing the oil-lighting interests of the
United States and the absorption of the
big concerns, including the Pennsyl-
vania Globe & Gaslight company,
which furnishes oil light. The COM
pany is backed by the same syndicate
that is behind the electric light COM
pany incorporated yesterday, and the
gas trust, which has been in existence
for some time. The purpose is TO oper-
ats the three systems of furnishing
light by electricity, oil and gas.
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1899-01-07

quite a number being seriously hurt,
although no fatalities are expected. In
order to accommodate the men tempo
rary dOuble-decker hunks had been
constructed out of tent floors and
scantling, and under the weight Of the
sleeping soldiers the structure tOppled
over. All the injured We're Second bat
talon men.