Gilpin observer., 1899-02-23

was that of ]. X. Mullen ct al, plain
tiff in error, VS.. the Western Union
Beef Company. This case was dis.
missed for want of jurisdiction, Jus
tice Harlan giving opinion. ]. X. Null
len and G. ID. McPhee We're the plain
tiffs against the Western Union Beef
Company. The case originated in
Arapahoe county. Mullen and Nc
Phee sued to recover for several hun
dred head of cattle that died in the
summer of 1891 from Texas fever
They claimed that the defendant com
pany had brought up from Texas n
herd of cattle that spread the fever
The case was tried in Denver in Sep
tember, 1894, and the jury returned
verdict for the defendant. The Su-
preme Court has declined to reverse
that decision.
Wood alcohol. used as beverage
has killed three miners at Blanca min
ing camp. Several other men are dan
gerously ill from the same cause. The
dead are James Bowerman. John Rhi-
ner and John Anderson. John Bower
man. Lewis GOodnowin and others are
seriously i'll. Jim Bowerman came to
Hooper Sunday and purchased one
quart of wood alcohol. claiming he
Bowerman returned to Blanca Monday
and. with a number of friends. dilut-
ed the alcohol with water and mixed
it with rock candy. Then he and his
friends drank the mixture. Physicians
were summoned from Hooper
Great excitement prevails. The miners
blame the drug clerk. He says, how
ever. that he properly labeled and ex-
planned the use of the wood alcohol
and that his proof is positive. A coro-
ner's inquest will probably be held.
Blanca camp is twenty miles east of
Hooper. 1t has population of about
100. No physician lives in the camp.
One thousand people in the district
between Como and Leadville have been
unable to secure food supplies for a
month, and railroad men who fully re-
alize the situation express fears that
many have lost their lives in the en-
deavor to escape starvation. The Colo
RADIO Il Southren railroad has virtually
been tied up in the district for Il
month and no present prospect exists
Of the roads being opened for weeks to
come. The Colorado Il Southern Off
cials are working day and night to get
their road open so that they may reach
the towns and thereby relieve the suf-
to be of assistance to the isolated miner
and his family. 1t is believed that many
of the miners. appreciating their pre-
dicament, have attempted to cross the
mountains and have become lost in the
snow and that the spring will disclose
scores of bodies scattered over the
mountains. 1t is argued by some that
the men would come to full realiza-
tion of the fact that to remain in their
cabins would result in slowly starv-
ing to death and that they had better
take their chances in an endeavor to
reach one of the towns.
The United States Supreme Court
has decided two bond cases of great
interest to Gunnison and Lake counties.
The GunnisOn county case is decided
against the county. The aggregate of
the bonds and coupons is about $780,
900. The county claimed that the
bonds had been issued in excess Of the
limitation imposed by the constitution
of Colorado, there could be no tax laid
to pay them. and that the obligation
was void. In the United States Circuit
Court at Denver, Judge Hallett upheld
this view of the case. The Circuit
Court of Appeals reversed this decis-
ion and remanded the case for a new
trial, directing that further evidence
be secured to determine the rights of
the plaintiffs to sue On some of the
bonds. The Supreme Court reverses
both Judge Hallett and the Court of
Appeals. 1t holds that az the bonds bore
on their fact n positive declaration that
they We're issued in compliance with all
the provisions Of the constitution and
statutes, the county cannot now plead
that the constitution was violated in
their issue. In deciding the case of
Dudley against the county of Lake. the
same issues We're not discussed. The
court holds that the plaintiff, who held
the coupons by bill of sale from the
holders of the bonds. was not entitled
TO appear as plaintiff in n ease involv,
ing the validity of the bond issue. This
case is therefore ordered dismissed
The bondholders. who in this case are
also represented by Rollins x Sons
will at once re-establsh the cases with
this legal flaw corrected.
Many thrilling tales are being told
of efforts of people in the mountains
to reach the large towns. Joseph Rog-
ers. who has been mining on the west
side of Tennessee Park. about six
miles from Leadville. had a terrible
experience week ago. His provisions
gave out and rendered 1t imperative
that he should reach Leadville for II
fresh supply. He started to walk and
for time got along fairly WELL but
as the snow became deeper his diff.
culties Increased with every step. The
snow was mp to his waist. and In
places reached his shoulders. and he
soon came to the conclusion that prog.
ress in the ordinary method was i'm
possible. He then lay fiat on the snow
and by working wr,h his hands and
feet succeeded in covering about two
miles in two hours. He had then
reached n place where the walking
was better, but was so exhausted with
his previous efforts that he found 1t
impossible to proceed and fell In the
snow. He gave himself up for lost, ns
lnl In il,1, .---..-