davidaulloa/AmericanStories huggingface dataset:
Arizona republican., 1899-06-03
WHERE HPPEHLS LIE
They Must Be Taken Upon Ffna,
 Judgments.

Che of the decisions announced by
 he supreme court yesterday is of gen. eraI interest to the bar and litigants because it settles an important ques-
 lion of practice arising under the ap-
 leal statutes of the territory. The
 ,ase referred to is that of Everett
 Spicer vs. James T. Simms ct al, which went up from the district court )f MaricCpa county. The plaintiff
 5picer recovered a judgment in the
 district court, but on motion for
 lew trial this judgment was after
 wards set aside. With apparent faith
 n the righteousness of his original
 Judgment, and without waiting for
 lew trial to be had, the plaintiff took
 he case at once to the supreme court,
 alleging that the district court had
 committed error in granting the ap-
 oelleeS' motion for a new trial. The
 appellant was represented by MessrS.
 Hamilton & Armstrong, while Attor-
 1ey-General Ainsworth appeared for appellees. In its decision the supreme
 court holds, in substance, that there is no appeal in this territory except from a final judgment of the district court. The opinion in the case, Writ len by Judge Davis and concurred in oy Judges Sloan and Doan, is as fol- ,OWS:
 "On April ?, 1898. the court below
 'endered judgment and decree in this cause in favor of the appellant, the }laintiff therein. A motion for a new -rial was not filed until three days hereafter. On July ?, 1898, and at the 5ame term Of the district court, the notion was granted and the judgment set aside. Subsequently, on appeilee's notion, an attachment which had been issued in appellants beh-if, was dissolved. The appeal is taken from he order Of the district court grant .ng a new trial, and also from the Cr- Ter dissolving the attachment Our jurisdiction to review the case is chaI- lenged on the ground that neither of -hese orders is appealai5le The right 70 an appeal depends entirely upon the statute. If the statute does net confer
 t, it does net exist. The appellant bases his right of appeal, in this case, mainly upon graph 593, revised statutes, which is as follows: The supreme court shall have jurisdiction 10 review upon appeal, or other pro ceedings provided by law, CD judg- nent in an actiCn or proceeding com nenced in the district courts, when
 he matter in dispute exceeds two hundred dollars, or when the pos session of land or tenements is in controversy, or brought into that court rom another court; and to review, Ipon appeal from such judgment, any intermediate order involving the merits and necessarily affecting the judgment; @ an order granting O. re- using new trial, sustaining or over -uling a demurrer, or affecting a sub ;tantial right in an action CT pro eeding.' This provision Of the statute contained under title XIV CCourts # Justice and Judicial Oficers.D u | relates to the jurisdiction of the su- 1reme court, and to the matters whicl | Ire reviewable by that tribunal, when | brought to it in the manner provided i Oy law. The method of taking cases | -o the supreme court is prescribed :n | ;hapter 20, title XIV CCivil ProcedureO | md the acts of the Seventeenth and |
Arizona republican., 1899-06-03

between "Najor' Taylor and Eddie NIcDufie, was a failure. In the last lap of the third mile McDUf1e's steam motor began leaking. and the race was stopped Another trial was made, but after a second break down the event was declared off.
 Taylor and McDuffie then rode a five-mile pursuit race, unpaced. Me Dufie caught Taylor in two and three quarter miles. in 6:2S. The five miles was finished by McDufie in 12:01.
 The one-third mile dash, profession- al was won by Major" Taylor in 5 3-5 seconds, Bobby Thompson of To- ronto. second; E. s. Aker, Philadel- phia, third.
 The two-mile handicap, professional. was won by Charles A. Church Of
Arizona republican., 1899-06-03

granted and bond in a, peal fixed at s1 1000. Wadleigh vs. Stevens, Pima county; judgment affirmed.
 Meneger vs. Farrell Pima county; judgment affirmed.
 w D. Hall vs. Thomas Hughes: motion for rehearing denied, stay Of execution for si;sy days, appeal bond $500.
 The mandate of the United States supreme court in the case of Utter against B. J. Franklin ct al, was fled This is the famous Pima county bond case. The manner of sending the man. late back was argued by Judge Barnes for the appellant, and by Judge Wright and Rochester Ford for the appeEees. Ten days VI ere given to file briefs
 The mandate in the case of the Henrietta Mining company against J. ;. Gardiner was presented.
 The case of the United States against the Copper Queen Consolidated Min ing company was continued for the term.
 The judgment of the lower court n the case of Juan Soto vs. Inc territory was affirmed, no brief or transcript on the part of the plaintiff having been filed
 The case oi Yavapai county vs M H. McCord ct al in the matter of the ;C-called Yavapai bonds, was ordered submitted on briefs
 Official notification was given the court of the death of T. w. Johnston, whereup0n Chief Justice Street ex- pressed the regret of himself and his associates and designated a committee 0 prepare resolutions for presentation 0 the court.
Arizona republican., 1899-06-03
INSURANCE MAN KILLED.

Waco, Tex, June 2.-J. A. Tyson, a travelling man, representing the liar rison Portrait company of Chicago, shot and killed Charles Marshall, local life insurance agent today. Mar shall stated last night that Tyson had insulted his wife for not settling for an article purchased and that he in- tended to kill Tyson on sight. Tyson, learning this, armed himself and as opened, fire. shooting Marshall three time Tyson was remanded to jail without bail.
Arizona republican., 1899-06-03
Black Dress Patterns at S2.OO

Beautiful figured wool sateen in eight different new and exclusive de signs; exact copies in style of the French goods which sell at $1.5O per yard; as long as this specially bought lot lasts we will sell them at s2. full dress pattern.
Arizona republican., 1899-06-03
Black Dress Patterns at $500

Lovely quality of plain granite cloth and fancy crepon effects in the very latest style; the quality is Splen- did.y good; they have all been shrunk- en and the black is just the right shade: you never have seen so good a pattern for the price.
Arizona republican., 1899-06-03
THE SENSATION OF THE YEAR. The Long Focus Premo Camera

 PREMO without the he
 
  of commencing in a
Arizona republican., 1899-06-03
MOTOR PACED RAGE.

Philadelphia, June 2.-The fifteen mile mortor-paced race which was to have taken place at WoOdside today
Arizona republican., 1899-06-03
COULTER DRY GOODS co. 317-325 South Broadway, Between Third and Fourth.

Philadelphia; John Silnmonman of Philadelphia, second; Nat Butler of Boston, third. Time, 5:17 4-5.
Arizona republican., 1899-06-03
! MUST HAVE GAS STOVE

court, and that this appeal should be dismissed. The motion is accordingly granted"
Arizona republican., 1899-06-03
Black Grenadines at S1. % a yard

Fifteen styles in new, beautiful black Grenadines from 42 to A inches broad; exclusive designs in figures, scrolls and stripes; the quality is all the best judges can ask; test them ia any way you know; the very same goods that we recently sold at SIPS.
Arizona republican., 1899-06-03

Catch a car and go to the swimming baths. Great sport bathing out thereA
Arizona republican., 1899-06-03

Clean water, heated to just the proper degree, makes the park swim ming baths delightful.
Arizona republican., 1899-06-03
Black SiGillian at 5OC. a yard

Just the thing for separate skirts, bathing suits and anything where you want material for good hard service; splendid weight; pure, lusterful black; full 50 inches wide and a wonderful value at soc
The Topeka state journal., 1899-10-13
RAILROAD LOCALS.

Carson and Mitchell, of the shops, are
practicing for a cake walk
Thursday was pay day at the Rock
Island
Mr.. Geo. Hackney, formerly super
intendent of machinery of the Santa Fe.
but now located in Chicago, was a shop
visitor Thursday. He was shown
around by Mr.. Geo. Hancock, assistant
superintendent of machinery
Engineer Roger Williams, Of Argen-
tine, is in the city.
Engine No S25, which has been in the
shops for slight changes, was put into
service Thursday.
Engine No. 827 is in the shops for
slight repairs.
Jim Giverns, boiler maker helper, has
been transferred from day to night
work.
Louis Steinrauf has returned to work
in the paint shop His infant son, who
has been seriously i'll, is very much
better.
The Topeka state journal., 1899-10-13
RAILROAD NEWS.
Purchase of L. T. & 8. w. Ry.
by Mr.. Edward Wilder
For 100000, an Excellent
Business Move.
$4,000 MADE CLEAR,
If the Road Is Abandoned and
Rails Sold.
Railroad News of a General and
Local Nature
$4,000 MADE CLEAR,

While the Leavenworth, Topeka &
Southwestern railway has been com
pIete failure as a paying railroad line
since it's construction, its purchase
Thursday by Mr.. Edward Wilder on the
part of the Santa Fe for 100000, is an
excellent business move.
The Santa Fe can now abandon the
road, tear up the track and sell the
46 miles of old rails for $3.50 more
than was paid in for it's purchase.
The rapid increase in iron rates dur
ing the past few months is responsible
fer this somewhat remarkable fact
The rails of the LeaVenWOrUh, Topeka &
Southwestern road are but As pounds
in weight, but at the price now paid per
ton for iron rails their sale would bring
in the neighbOrhOod of S125, 600.
The only valuable portion of the l., 7.
& S. w, is the terminal in Leaven-
worth. The terminal tracks will prob
ably not be disturbed, no matter what
disposition is made of the remainder
of the road.
While it IS not certain that the road
will be abandoned and the track torn
up, it is only reasonable to suppose that
any other arrangements will have to
pay more than $4,000 on the invest
ment.
The Topeka state journal., 1899-10-13
REFORMATION OF A MULE
Jnd Goes Animal Is Well Behaved
Under the Ownership of Archie
Baird.

Jud Coe, gang foreman in the Santa
Fe shops, has been going around for
the past several days with knowing
look on his face, as if waiting and
watching for something expected to
happen. The boys at the shop have
been wondering what has caused this
condition on the part of Coe, and only
today was the reason let out unex-
pectedly. 1t is this:
Not very many days ago, with seem
ing regret, Coe sold his pet mule to
A NJ Baird, and ever since then he has
been waiting, as he expressed it, for
that mule to quietly lift up one or both
of his hind feet, and kick Baird into
the middle of the next week" Strange
to say, this has not yet happened, and
since Baird has owned the animalit has
been one Of the best behaved mules
that ever lived.
When Coe owned the mule it was
continually doing things to get him into
trouble, and after it tried to eat up
one of the neighbor's babies, COe de-
cided to sell it before it did any ser
ious damage. He talked Mr.. Baird
into buying the mule, and since then
has been waiting for something to hap
pen, but it seems as if the mule had
reformed.
The Topeka state journal., 1899-10-13
BURLINGTON CHANGES.
Several Follow the Promotion of r.
Z. Smith of Leavenworth.

AS a result of the promotion of Mr.. R.
K. Smith, general agent of the BurIing-
ton at LeavenWorth, to be assistant sup
erintendent of the Kansas City, St. JOS
eph and Council Bluffs railway, the fol-
lowing Burlington changes are announc-
Mr.. c. w. Alexander, now city passen-
ger agent at Kansas City, is appointed
general agent at LeavenWOrth
Mr.. F. G. Sharon is promoted from chief
rate clerk, general passenger office at St.
Louis, to the position of city passenger
agent at Kansas City.
Mr. John J. Shine of the Kansas City
ticket office is promoted to be city ticket
agent of that city.
The above appointments are made with
strict regard to the civil service rules of
promotion as applying generally to the
employees of the Burlington.
The Topeka state journal., 1899-10-13
ROCK ISLAND INSPECTION.
Officials and Directors Travelling In a
Special Train Over the System.

The officials of the Rock Island rail-
road, consisting of the head officers of
the company and the principal direc-
tors, left Chicago Thursday in q special
train on their annual tour of inspection.
The special train was made up of one
baggage car, one Rock Island diner one
Pullman compartment car, Mr.. Cables
private car, and three special cars.
The route of the special train is from
Chicago, through Omaha to Denver,
thence to F't. Worth. From FIT. Worth
to Topeka, and returning to Chicago
by way of Horton and St. Joe, arriving
there about October 20. The start was
made yesterday at 8 o'clock, and eight
days will be consumed in the trip. This
itinerary will take the directors over all
the lines of the Rock Island system.
Short stops will be made at division
points, and terminals, and at the shops
Of the company at Horton. The train
viii run in the day time, no travel be-
ing made at night, thus giving ample
opportunity of thoroughly inspecting
the lines of the company.
The following officials of the Rock Is
land system left Topeka in a special car
Thursday afternoon going by way of
Kansas City, and meeting the special
train bearing the directors at Omaha:
W. H. StillWell, superintendent of lines
west of the Missouri river; H. H. EN-
bry, general freight agent; E. W.
Thompson, assistant general passenger
and ticket agent; II. r. Irvine, general
rOadmaster; 9. W. Jones, division sup
erintendent, and A. L Studer, assistant
superintendent of machinery.
The Topeka state journal., 1899-10-13
sHoPMAN FINDS GOLD.
Louis Kelley of the Paint Shop Brings
Valuable Ore From Colorado.

The men in the Santa F'e paint shop
have the gold fever and some of them
are thinking seriously of going out pros
pecting. A few weeks ago Mr.. Louis Kel-
ley, one of the men in the shop, returned
from a short trip to Colorado, and with
him he brought several specimens of gold
bearing ore, one of which has proven to
contain gold in good paying Quantities
Several specimens are now being assayed
and the results viii be known next week.
The place in Colorado where this ore
came from was thoroughly marked by
Mr.. Kelley and so fixed In his mind that
he says he could easily find it again,
should he ever return. 1t is said that
the place is quite a distance from the
railroad, and only reached by a long cir
cuitOus path. Several of the men in the
paint shop who are much interested in
the find, are very anxious to form a stock
company and work the new gold diseov-
cry for all that it is worth but Mr.. Kel-
ley is very reticent about the matter, and
as yet is undecided as to what course to
pursue He may organize a company, or
may 90 ahead and prospect for himself.
At the time of his going to Colorado. it
was given out that he was going there
for his health, and that while there he
accidentally happened to find this ore
IormaIlon; It IS now rumored that he
knew of the location Of this gold bearing
ore, and his trip to Colorado was to pro-
cure samples and satisfy himself as to
the probable merits of the claim. At any
rate Mr.. Kelley may have struck it rich
The Topeka state journal., 1899-10-13
THEY WILL HELP.
Karnival Knights Hold q Meeting
and Tender Their Services.

The Karnival Knights met Thursday
night at the Commercial club rooms
and decided to offer the services of the
organization to the general committee
in charge of the Twentieth Kansas re-
ception.
The same spirit, which has so sue
cessfully carried through schemes
which at the start seemed impossible,
was manifest. John Waters was there.
He and Charley Holiday in a heated
argument as to which was the best con-
fidence man, gave away several choice
bits of gossip relative to the visit to
Chillicothe and the cigar factory.
1t was suggested that the Karnival
knights take it upon themselves to
furnish horse for Lieut.. Col. Little to
ride in Topeka. Then Mr.. Holiday said
as he has said since the organization
that he would not be president for an
other term. But the Knights will have
it no other way.
The Karnival knights are ready to
help in anyway. Major Shreve was
anxious to ride a horse between the
throngs of people who viii be here. He
was the only one that wanted to. As
the time is taken up, both day and
night, the knights decided it would be
best not to start any other attraction.
The Topeka state journal., 1899-10-13
SOUTHERN KANSAS SLOWING.
A Deficit of Over $4,000 Recorded
For fha Year.

Austin, Texas Oct 13.-The railroad
commission today received the annual re-
port of the Southern Kansas railway of
Texas for the fiscal year ending June 80,
1880. The report is as follows; Gross
earnings from operation, S14S, 81: oper-
ating expenses, S170, 1915; deficit from
operation, S2l,93651: interest on bonded
debt accrued, SIS, ,150: taxes $9,379; total
charges to income expenditures. exclusive
of permanent Improvements SIS. .529; total
deficit for the year Sic. 1851; expendi-
lures for permanent improvements dur
ing the year S12, ,652. SO.
This is one Of the compan MES against
which suit for forfeiture OF charter is
now pending, technically for failing to
keep and maintain its general offices in
the state of Texas, but virtually because
which it is claimed does not allow this
company in the division of through rates
its equitable proportion thus keeping the
subjection.
is the portion of the Panhandle line of
the Santa Fe extending from the state
line to Panhandle, Texas, a distance of 80
miles.
The Topeka state journal., 1899-10-13
Taking Water ON the FIu.

The use of track tanks by which loco
motives of high-spe.ed passenger trains
most universal on the larger eastern
roads where fast expresses are the rule.
The Baltimore and Ohio has a number
between Washington and Philadelphia
and intends to equip the entire main line
in the future. This decision was recently
arrived at through the use Of passenger
locomotives. equipped with water scoops
on fast trains. 1t was found that much
time was saved, the danger from stopping
being reduced to minimum and the cost
of running lessened. The transporta ton
officials made some calculations and the
figures showed a saving of no small sum
if track tanks are used for slow freights
on the divisions where business is very
heavy.
The Topeka state journal., 1899-10-13
GOVERNOR WILL HELP.
Wants to Make Twentieth Kansas
Reception a Great Success.

Governor Stanley viii probably make
no speeches in the Kansas campaign.
He will return home next week and will
take care of the work In the office
which has accumulated and assist in
planning the reception for the Twen-
tieth which he hopes to help make the
biggest thing the state has ever seen
The week following the governor has
dates to speak in Ohio. These engage
ments he will not cancel unless the
Twentieth comes home that week. How
ever, he will have no time for the Kan
sas campaign If he fills the engage
ments he has already made.
The Topeka state journal., 1899-10-13
AUNT MARTHA's"REQUEsT.
Wants to See Review of the Kansas
Regiment.

Old Aunt Martha" who lives in
North Topeka, wishes to have a place
of vantage from which to review the
Twentieth Kansas.
AUNT Martha remembers the days
closely following the revolution. She
saw the men go and come from the
war of 1872, and remembers when the
regiments marched away for the Mexi-
can war. She saw the review of the
troops in Washington after the Civil
war and now she wants to be on the
reviewing stand with Governor Stanley
to see the Fighting Twentieth march
past. She has made formal application
at the executive office.
Aunt Martha is a centenarian, accord
ing to her stories and nobody can dis
pute her. She does not know exactly
how old she is but her youngest daugh-
ter, who lives in Oklahoma, is a grand
mother and 81 years old
The Topeka state journal., 1899-10-13
Increase of Force at Atchison.

Atchison, Oct. 13.-A well-defined
rumOr has been current in railroad
circles for some days that a large in
crease would soon be made in the op-
Grating department of the Missouri Pa
cif1c at AtchisOn, but officials are al
ways cautious about giving out any
thing authOritatively in such matters
1t is understood that while number
other points to Atchison, Master Me-
chanic Weller has asked for ten addi-
tional men. Three arrived from St
Louis Monday, and two came in from
Chicago. The additional force, it is
understood, will come from other points
on the system.
The Topeka state journal., 1899-10-13

Thornton or Santa Fe to Bland and an
other road from the main line of the San
ia Fe railroad to San Pedro or Gordon
A company has also been organized for
the purpose of constructing a new road
from Durango, Col. through San Juan
county, n. NJ, to Albuquerque or Gallup.
tension of the Denver and Rio Grande
to White Oaks, the extension of the Rock
Lincoln county, n. NJ. q line from Col
umbus to Deming. Durango and Salt Lake
City, not to speak of spurs from main
lines to railroad cannnS-
The Topeka state journal., 1899-10-13
Fifteen Hours at KATY shops.

Parsons, Oct. 13.-The employees of
the Katy shops in this city have or
ders to work fifteen hours a day until
further notice, the order going into
effect Monday. The company is short
on motive power, the shops being
crowded with engines needing repairs.
This extra time will make up for the
summer dullness and place the pay roll
for October far in advance of any
month of the present year The in
crease in the pay roll of the shops
means much to the business interests
of Parsons.
The Topeka state journal., 1899-10-13

of the line, and will keep an agent at
that place during the rush. r. J.
Shirk has been appointed agent.
G. N. Rice who has been working
as relief agent at Minco for some
from which place he will be sent to
Enid, as assistant, in a few days
Conductor G. F. Gray, trains 81 and
62, between Herington and Pratt, who
has been off duty for a few weeks, has
resumed his r1In-
The Topeka state journal., 1899-10-13
Manhattan Ronndhonaa.

Manhattan. Oct 13.-The Union Pacific
railroad company is making arrangements
to erect a round hause opposite the pump
ing house on the south side of the Blue
river. A survey of the ground has been
made and material for the house has been
to accommodate two locomotives, and a
turntable and ashpit Will also be arrang-
ed for in close proximity to the round
house
The Topeka state journal., 1899-10-13
NEW MEXICO BUILDING.
Several New Lines and Spurs Pro-
posed During Coming Year.

Fort Worth, Oct 13-The prospects are
that several new railroads will be con-
structed in New Mexico during the COM
ing year. A line is in contemplation to
run from Las Vegas through the Mora
Valley to Taos. a distance of 100 miles. A
company has already been Incorporated
for the purpose of constructing this road.
If built il viii open up a most fertile por-
tion of the territory as well as large min
ing and timber districts.
Among the probabilities IS a line from
The Topeka state journal., 1899-10-13
ROCK ISLAND NOTES.

Owing to the heavy stock business
on the Liberal branch of the Rock Is
land, the road has opened up Tyrone
station, at the southwestern terminus
Orleans County monitor. [volume] (Barton, Vt.) 1872-1953, 1899-05-15
PROBATE COURT.

The following business was transacted
by the probate court last week:
Genie Dow minor, Cabot. George Dow
appointed guardian.
Phalla L. Brooks, estate Morgan. Lyman
P. Brooks appointed administrator.
John Meserve estate, Barton. Commits
sioners' report returned and accepted.
Irvie M. Austin minor, Barton. Sarah K.
Austin appointed guardian.
Edward Barnard estate, Barton. APP
praiser's inventory returned and accepted.
Geo. II. Wilson minor. Guardian settles
his account
Alfred E. Waterman estate, Holland.
Order granted administrator to COM
promise claim against W. E. Blood.
Curtis Elkins estate, Troy. Administra-
tors present their account. Referred TO
May 25th 1899.