davidaulloa/AmericanStories huggingface dataset:
Arizona republican., 1899-11-02

the funding act. The loan commission
must necessarily be continued until
all the work provided for it to do had
been disposed of.
In Half. appellant, VS. Adams. appel
lee, Maricopa county, Judge Street.
Judgment of lower court affirmed
Opinion by Justice Doan. Justices
Sloan and Davis concurring. In this
case the appellant had brought suit to
recover S6.452, the value of a quantity
Of diamonds and jewelry stolen from
her apartments at the Hotel Adams
The liability Of the defendant depended
upon The character Of the plaintiff
with respect to him. If a guest or
transient boarder. his liability amount
ed 10 that Of an insurer. If a boarder
with special privileges. there was no
liability. All the testimony bore upon
this question and when the plaintiffs
side had been offered, the defendant
moved to dismiss on the ground that
the complaint had not been sustained
The court instructed the jury to find
for the defendant, and from this ruling
an appeal was taken. 1t is held that
the ruling was proper, for if there was
the lack of evidence in support of the
Complaint dltSeu Dy the ueIeHQd0l,
the jury must have found for the de-
PENDANT, or else have brought in
verdict which would have had to be
set aside.
In the case Of O'Connor & Cottrell
appellees, VS. ]. c. Adams and Anna d.
Adams, appellants, Maricopa county
Judge Baker, the judgment of the
lower court was reversed and the case
by the appeliees to recover from the
appellants under two written contracts
and a subsequent verbal contract
SO, f3l.04 and to fOreclose a lien. Judg-
ment was given the plaintiffs for
$1,000. and an appeal was taken or
several grounds, the most important Of
which was the refusal of the court to
construe contract Il to the jury. Upon
this point Justice Doan in an opinion
concurred in by his colleagues. held
that a construction ought to have
been put upon plain and definite con-
tract by the court and cited the Ian
guage of an eminent authority point
ing out the improperly of laying
contract before an aggregation of men
wholly Unaccustomed to weighing cir
cumstances.
pany, Maricopa county. afTirmeda.
In A z. Baker, appellant VS. r. i.
Tustin, S. J. Fleming and the Provi-
dence Gold Mining company. Yavapai
county, the judgment of the lower
court was affirmed. The only ques-
ton here considered was: Has
grantor of real estate by absolute con-
veyance an implied equitable lien
thereon for unpaid purchase money?
In P. P. Daggs VS. James Wilson.
Maricopa county. An appeal was
taken from a decree awarding a writ
of assistance to put a purchaser in
possess of mortgaged property sold
under a decree of foreclosure taken by
the lessee of a party who, pending the
action for the foreclosure of the
mortgage, purchased from one of the
defendants the mortgaged premises.
Judgment affirmed.
In Rountree VS. Marshall. Judgment
affirmed.
Arizona republican., 1899-11-02
EAST WASHINGTON

the subject with other counties TO the
end that mineral exhibits from all
parts of the territory may be a feature
Of the coming carnival and that these
exhibits be turned over to the board Of
trade after the carnival. AS the writer
has advocated the Importance of min
eTal exhibits from every county in the
territory. while the idea is receiving
the attention of the carnival people, it
seems to be a proper moment to add
a word that may encourage the move
ment. 1 should not be satisfied with
an exhibit that left out a single county
of Arizona. nor one in which the mines
of each county did not endeaVor TO
make the best possible showing; and
repeating the suggestion through the
Tucson Star which has been copied in
other papers of the territory, l believe
tablet conveying information of all
the minerals within the territory would
be a valuable contribution in connec-
ton with the exhibits. The necessity
for ample room to accommodate such
a display as Arizona is capable of
making, and there is little danger that
the mineral wealth of Arizona would
be exaggerated in exhibits proposed,
suggests to my mind the new capitoI
building as the permanent home Tor
such exhibits.
DANIEL cox.
Phoenix, Oct 31st, 1899.
Arizona republican., 1899-11-02
SOCIAL FEATURES
Partial Outline of the Crane Car
nIvai Bal nsSque.

The grand ball to be given on Fri
day evening, December s, will con-
clude the festivities incident to the
carnival week. It will undoubtedly be-
4 brilliant social event, attended by
the very best people of the territory
and city. The queen OF the carnival
and her maids of honor will grace the
occasion with their presence and the
throng of merry dancers will pay them
homage. 1t is proposed to hold the
ball in O'Neill hall, the most spacious
and elegant place for festivities of this
nature in the southwest. The apart
ments Will be most brilliantly illumi-
mated and the decor3 lions will be of
the finest and most unique nature. The
programmes VIII be handsome speci-
mems of the printers art and of
souvenir nature, so that those who at
tend may keep them as a memento of
the occasion and preserve them for
years to come. The ball will be ~
nasque and tickets will be sold at the
rate of 81 each.
These are the outlines Of the com
ing event decided upon at q meeting of
the social committee held yesterday
afternoon at the room of the board Of
trade. The committee is composed Of
the most active and prominent young
society gentlemen in the city and
while their action is not final, mas
much as they may decide to make
some changes Of their own volitim, the
proceedings Of yesterday places the So
ciety event on a most substantial basis.
Much of the detail remains, of course.
to be worked out, and for this purpose
several subcommittee We're appointed
yesterday afternoon, who will report
at a second meeting to be held next
Monday.
The committee thought that on ae-
Arizona republican., 1899-11-02
NEW LOT, or WORKMTN
KinSley Lodge Starts orr on {
Promising Career.

Kinsley lodge No. s. \. O. l. W. was
organized last night under the most
promising conditions with a member
ship of about forty. Several prospect
i've members who were unable to be
present will be admitted at a meeting
to be held this afternoon. The officers
are: Past master workman, Dr. Will
liam Duffeld; master workman, ]. Err
nest Walker; foreman, Louis c. Mas
ten; overseer, Fred W. Wood: re-
cOrder, S. J. Darby, ~: financial sec
rotary, Charles a. Larson; receiver c.
Il. Davidson; trustees. y. J. Edwards:
H. I. Latham, w. J. Murray; guide. B.
F. Porter, Jr.; inside guard, Peter
Mohn; outside guard, c. a. Anderson:
medical directors, DR.. William DufIfeld
and DIR. o. E. Plath.
The lodge was organized at the close
OF the session of Phoenix lodge, nearly
all Of whose membership was in at
tendance, so that the spacious hall of
the order in the Monihon block was
crowded beyond its capacity.
The new lodge was named after its
organizer. Judge Kinsley. of Nebraska.
Though there are nineteen lodges
within this jurisdiction, its number is
that of an earlier lodge in Tucson which
was dropped by consolidation with
Arizona lodge at Tucson. Kinsley
lodge. by the way, is the first organized
under the Jurisdiction of New Mexico
and Arizona.
At the close OF the working season
last night the members were enter
tanned at banquet given by their
brethren OF the elder lodge. Fraternal
and eloquent addresses in response to
toasts were delivered by Judge Street,
Judge Kinsley, and other prominent
members of the order.
Arizona republican., 1899-11-02
The SUPREME COURT
Several Important Decisions
Handed Down Yesterday.
Judgment in the Yavspai Bond Case
Affirmed-fiHdings IN O'COnnOr
CoffreH VS. ADAMS Reversed.
Hoiourns Until Next January.

The territorial supreme court after
handing down opinions in seven cases
yesterday morning. adjourned until
next January. All these cases had
been submitted by record at the last
session of the present term.
The most important, by reason of
it's public character, was that of the
board of supervisors OF Yavapai coun-
ty, appellant, VS. NJ. H. McCord, George
w. Vickers and c. H. Akers. sonsti-
tuting the territorial loan commission,
appellees. The case was tried in this
county before Judge Street. having
been brought by the board of supervis-
ors of Yavapai county against the loan
commission to restrain it from funding
certain county bonds issued in aid of
the p. G. A. G. railroad. The COM
plant contained three principal ale
cations: That the bonds were invalid
on account of the want 81 power in the
legislature to authorize the county to
issue them; that the supervisors of
Yavapai county had not made an OFF,
cial demand upon the loan commission
tSsund the bonds, and that there was
no loan commission. ii having been
abolished by the amendment of the
funding act of June 6, 1896. Judgment
was rendered against the plaintiff.
Justice Davis handed down an opinion
affirming the judgment of the lower
court. His opinion was cOncurred in
by Justices Doan and Sloan and was
quite yoluminous, embracing an array
of authorities. Regarding the first
contention of the appellant that the
bonds were invalid, without passing
upon the reasons why they We're not,
he said that congress had made them
valid as had been decided in the case
of Utter VS. Franklin.
AS to the allegation that the board tf
supervisors lad made no official de-
mand for tie funding of the bonds. it
not nece ssary to the funding, since
the original funding act provides also
that ANY person holding bonds,
etc, etc, may exchange the
same for the bonds issued under the
provisions of this act This authOri-
cation is Independent of any official de-
mand by the supervisors and had been
held so in the Utter case.
AS to the death of the loan commits
sion, a question which had not been
previously raised. Justice Davis held
that that could not have been con-
templated in the amendment of 1896,
but it was meant only that no more
new business could be brought under
Arizona republican., 1899-11-02
FOR QUEEN or CARNIVAL
q Position of Social Dis 'inC,ion and
to Be Coveted

The third day of the balloting for the
carnival queen ended at 6 o'clock last
evening. The committee conducting the
canvass made the rounds of the various
ballotfng places. secured the ballots
and made a count of the vote. From
the manner in which the votes-eighty
of them-were cast for Miss Edith
Jacobs, it was plainly evident that that
young lady's friends had been doing
some effective work during the prog
ress of the day. AS a result of this eff
fort, Miss Jacobs assumes first place
in the list of candidates, with Miss
Florence Hanny second and Mrs. Harry
Heap third.
There were new names in the field
yesterday, Hiss Gala Mills starting out
most creditably with twenty votes.
Miss Clara Buford and Miss CUP were
also favorably mentioned.
There is no reason why any lady
should hesitate to allow her name to be
used in this contest. The position OF
queen Of the carnival will be an i'm
portant one socially. During carnival
week the eyes of the territory viii be
turned toward her. Surrounded by
twelve maids of honor. coming from
the four points Of the compass and in
number OF instances travelling humid
reds of miles, the queen will be ruler of
the big parade on Monday of carnival
week. Social attentions will be show
Arizona republican., 1899-11-02

prepared to attempt even desperate
measures to compel cessation of the
practice.
BY the confiscating of coal is meant
that the railroads simply take any coal
that may be in cars upon their tracks.
and divert it to their own use. That
this is being done in wholesale man
ner cannot be doubted. 1t is said, too,
manner not alone for any pressing and
immediate needs, but are storing it
away for the future. OF course when
any road confiscates coal ii. pays the
market price for it to the regular con-
signee.
Arizona republican., 1899-11-02

asserted that she had fallen heir To a
fortune of S3.5OO.OOO from an uncle in
Cornwall, England, was held in $500
bail today under an Indictment for
grand larceny in the second degree.
Mrs. Gates has for more than a year
obtained unlimited credit from local
tradesmen and others on the strength
of the alleged legacy. Investigation. it
is said, showed that there was no for
tune.
The specific charge is that Mrs.
Gates misread letter from Brown
Arizona republican., 1899-11-02
Boston. Oct. "a. 1899.

Messrs. II. c. Morrow & Co, No. l.
Center Street, North, Phoenix, Ariz.-
Gentlemen: We wish to state that all
Vose pianos shipped to you are made
especially for your climate. and we
know of no reason why they should not
stand and give the best of satisfaction
with fair usage.
We have shipped a large number of
pianos into your territory during the
past five years, and We have had no
complaints from any one. and neither
do we expect to.
Yours very truly.
NOSE x SONS PIANO co.
WILLARD a. VOSE, Treasurer.
Arizona republican., 1899-11-02
EVERYBODY IS GOING
TO SEE THE CIRCUS

CFrom the S. f. Examiner, September
IS, 1890
a man who doesn't go to the circus
and take his whole family. especially
if it is a good circus. is a bigger cur
iOsity than any show ever presented.
and in the case of the Walter L. Main
circus, now under canvas at Sixteenth
and Folsom streets. the same people
are going several times.
The tents are crowded at every per
Torrance. Yesterday afternoon was
no exception. and last night it was i
case of jam-the place was literally
packed.
And it is as good a show as. was
ever put under any tent or directed by
any management. There are three big
rings and an elevated stage. and these
are all busy from the time the grand
march starts until the Madison-square
champion cake walkers open the after
circus Concert" without which no
circus would be complete. In fact,
there are so many good things it is
hard to see them all. The horses and
ponies make a splendid show, and the
siXty-three trained horses which ap-
pear in the ring at one time so through
a drill with attention to commands
and d precision exhibiting remarkable
intelligence.
The Rough Riders give drill and do
some rough riding which is wonderful.
The clowns are first class, and spring
number of fresh jokes
Tonight the Minnesota regiment, Off
GERS and men, viii attend in a body on
special invitation. y thousand seats
have been reserved to accommodate
them.
The Walter L. Main Circus will ex-
hibit in Phoenix, Tuesday, November
T. 1899.
Arizona republican., 1899-11-02
Personal MENTION.

NJ. NJ. Murphy of Jerome is in the
city a guest of the Ford hotel
Bishop Kendrick returned home on
last nights train from the north.
Robert E. Arnold of Chicago arrived
yesterday and is registered at the
Ford.
John A 1Ioynahan Of San Francisco
arrived yesterday and is a guest of
the Hotel Adams
II. FlOrsheim OF Chicago was an az
rival in the city yesterday. He is
registered at the Hotel Adams.
J. Z. Dunn. a well known Los An
geles stock buyer. is again in the city
guest of the Commercial hotel.
DR.. ]. Collins DeVere of Philadelphia
was among yesterdays arrivals in the
city. He is registered at the Ford
hotel.
NJ. GoodwahI of San Francisco ar
rived on last nights train from the
north and is stopping at the Ford
hotel.
Sheriff W. T. Armstrong of Globe
was an arrival in the city yesterday.
He is registered at the Commercial
hotel.
w. NJ. Breckenridge of Tucson Ak
rived in the city yesterday morning
from the south and is registered at the
Hotel Adams.
L. n. Lord of San Francisco, who is
engaged in the insurance business, ar
rived in Phoenix yesterday and is
among the guests of the Hotel Adams.
Mrs. ]. c. Adams and daughter re-
turned home on last nights train from
their summers visit in the east Mr..
Adams met them at Ash Fork, return
ing with them last night
L. Levyn and wife of Alena. Mich.
were among the incoming passengers
on last nights train from the north.
| They are stopping at the Hotel Adams
and will remain here during the win
ter.
George 3. Houseman OF Philadelphia
was an arrival on last nights train
from the north and will spend the win
ter here for the recuperatfon OF his
health. He is a guest of the Hotel
Adams.
W. B. Hunt, the representative of A.
| Schilling & Co. of San Francisco, is
again in the city. He missed his last
trip on account of a serious illness,
/ from which he has made 4 good re-
coyery, greatly TO the satisfaction of
not only himself but his many
| Phoenix friends. He is a guest of the
Commercial hotel.
| Mr.. and Mrs. II. c. Hitchcock %
| Globe, Mr.. and Mrs. George \. Miatz.
Mrs. T. NJ. Nolin, Mrs. A J. Brady and
Mrs. c. S. Scott formed a party that
drove over to Mesa City yesterday to
Arizona republican., 1899-11-02

count Of the large aszembiage OF pe2-
PIE thar viii attend TIE rail II & IN
eEpedient TO attempt 10 give ban
quet in connection with IL. The prob
ability is that some light forms of re
freshments will be served i'm rooms ad-
joining the main hall. As Friday night
is carnival night and maskers will be
the rule among the people on the
streets the committee was of the Opin-
ion that a mask ball would be emf
nently proper and fitting. This will
run largely to dominoes. no doubt. but
in order that no one may be disap-
pointed the committee decided to write
to costumers in Los Angeles and San
Francisco and may succeed in secur-
ing the attendance of one of these.
The music will be furnished by the
orchestra of the Indian school. This
consists of ten or more members and
is one of the very finest musical or
CARNATIONS in the southwest. The
latest dance music will De rendered
and the best kind al satisfaction given
The music viii b. furnished as long As
those present desire 10 continue tha
evenings enjoyment.
The queen Of the carnival ana the
twelve maids Of honor will occupy
seats on a throne during the progress
of the grand march and review the
same. The throne will be artistically
draped and adorned with the carnival
colors. A canopy will be constructed
from the same attractive combination.
The members of the social committee
are to act as floor managers for the
occasion. which is a guarantee that
these duties will be attended to. The
cloak rooms viii be in charge of cap
ably efficient attendants. In fact.
nothing will be left undone to make the
occasion the grand success that it de-
serves to be, and all arrangements VIII
be made to take care of the hundreds
who are sure to attend.
Sheriff Murray yesterday handed in
his personal subscription for $25 to
the carnival fund. making the total
amount raised thus far S5.375.
Arizona republican., 1899-11-02
CONFISCATING COAL.
Railroads Centering in Kansas City in
High Handed Business.

Kansas City, Nov. For a month
and more it has been currently report
ed that several at least, and perhaps
ALL of the great railroads centering in
Kansas City have been confiscating
carload after carload of coal as it is
being shipped from the mines to vari-
Gus consignees, here and to such an un-
precedented degree is this high handed
process now being carried on that
many of the local dealers are about
Arizona republican., 1899-11-02
Phoenix, Oct. S1st, 1899.
CANCER KILLED HIM.
Captain c. H. Lester Failed to Survive
an Operation.

New York, Nov. captain Charles
H. Lester, L. S. A, retired, died last
night as the result of an operation for
cancer of the mouth. The operation
was performed Tuesday and the pa
tient failed to rally from the shock
He was SO years of age and leaves
widow. He was a cousin of Lieuten-
ant-Governor Timothy Woodruff,
classmate of Col Guy V. Henry. who
died of pneumonia. He fought in the
civil war and had spent much of his
time since then with the army in Da-
kota and Texas. At the time of his
retirement he was in the Eighth ar
tillery
Arizona republican., 1899-11-02

Among many novelties this season
with the Walter L. Main shows which
exhibits at Phoenix, Tuesday, No
vember I, may be mentioned the ceIe-
brated Werntz Family, six in number,
direct from Berlin, Germany, the most
expensive aerial feature ever pre-
scented in America. Canandiagua the
horseback riding pony, the only one
like him. In the big menagerie tent
will be seen the Congress o. Ma
tons" Il representation of every ma
ton on earth; the music vii be fur
nished by Z genuine band of native
Cubans.
Arizona republican., 1899-11-02
JESSIE WOOD DEAD.

New York. Nov. Miss Jessie Wood,
the dramatic critic of the Evening
Journal. died last evening. She had
been i'll several days, but until the last
few hours a fatal termination was not
considered probable.
Arizona republican., 1899-11-02

clients. inserting in the text a state
ment to the effect that she already had
SS.O0O.OO0 on deposit with the firm, and
that on the strength of this she OBJ
tanned further cash loans
Arizona republican., 1899-11-02

Editor of The Arizona Republican:

Editor Of The Arizona Republican,:
Sir: l notice in the Herald a letter
of even date from Mr.. J. ].
Sanders of Prescott to Mr. 5.
NJ MCGOWAN, president OF the car
lival association, in which it is said
that the board of supervisors of va
papai would take up the matter of
securing samples for permanent eX-
hibition in Phoenix. The Herald states
that Secretary Hoffman has taken up
Arizona republican., 1899-11-02
MATTERS OF RECORD.

The following instruments reported
by the Phoenix Title Guaranty and Alb
stract company We're filed in the office
of the county recorder yesterday:
John B. Montgomery and wife TO w.
X. James, deed to lot l, block 10, Mont
Somery addition: consideration. $500.
J. J. Graham and wife to c. NJ. Reed.
deed to sig, sell and 81. swH sec 10,
TIP 1 II, G; consideration. $4,000.
David Brown and wife to y. J. Han
sen and wife, deed to ne1l, sec "a, tip l
5. 4 e; consideration, $1,000.
William a. Riggs and wife TO An
drew KIeinman. deed to seA. nwA sec
%. tp 1 II. = O.; consideration. $500.
Andrew Kleinman and wife Ia
Frances Van Meerer, deed TO sell, nell.
sell. sec -. tp ! II. + . e; considerable
$3.50.
Ii. Page and wife to Antonio CeloZa.
deed ia lot -. block :. East Tempe;
consideration. $40.
Arizona republican., 1899-11-02
REWARD OF $500 OFFERED.

Atchison. Kan, Nov. 1.-The Doni-
phan bandits are still at large and the
reward for their capture has been in
creased to $500. This reward is Of
fered by the state, Doniphan and Atch-
ison counties. Anton Braun, whose son
was killed, and Charles Kuchs. owner
of the Doniphan store.
Arizona republican., 1899-11-02
DR.. ALICE LAWSON,

the divine healer. cures all durable dis
eases and habits. removes abscession-
Tuesday and Friday afternoons. Free
to those that are not able to pay. Of
flee hours. a. m. to 4 p. m. at the Dor
ris. No. 50 South Second avenue.
Arizona republican., 1899-11-02

visit the desa City RebeEah ledge in
the a--aHinE Lir Hitchcock visitinC
officially as the grand master OF the
order IN This jurisdiction.
Arizona republican., 1899-11-02
SPORTING GOODS.


in
and added
our sporting goods line COMPLETE, and haveth
Arizona republican., 1899-11-02

arsd upon nar during the progress Of
he week, eliminating TiTn the grand
mask bail on Friday evening. At
this bis social event. attended by the
best society people Of the territory. the
queen Of the carnival will be the center
of attraction. Her slightest wish Will
be law on that occasion. The social
distinction connected with the position
will be very considerable and is not to
be despised by the fairest and most
graceful lady in the land.
The vote cast yesterday in the ballot
ing makes the relative position of the
various candidates to be as follows:
Arizona republican., 1899-11-02

One vote found in a ballot box last
evening was not counted. Some one
with spirit of Righteousness squan-
dered a whole nickel in casting a bal
lot for c. Handle, King of the car
nival. kings are at a discount just
now and for that reason the vote re-
ferred to was not counted.
Ballot boxes and ballots are to be
found at the following drug stores:
Butts, Wakelin's, Goodman's, the Ad-
ans Hotel pharmacy, Hudson's Thorn
as and Ben L. Bears. Drop in at any
of these places today and cast several
blocks of fves for your friend.
Arizona republican., 1899-11-02
Feed and Sale Stables.
~ m N,nLrr Dro,

n. p. rianker, prop.
Good rigs a all hours. Boarding horses a
speciality. Saddle ponies fer rent by the day
or m nth.
W. Madison ST., between First and Sec nd Ave
Telephone 100
Arizona republican., 1899-11-02

To
o a after be
N c. A
whe oh cents and turaIly
Arizona republican., 1899-11-02
NAIL ORDERS SOLICITED.

We rake a specially maHo
in We
pleased to o. n