davidaulloa/AmericanStories huggingface dataset:
Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1899-04-01
7. II. JONES q co.
MCCORMICK q co.
BARRELS OF SAMPLES.
Over Two Hundred Thousand Trial hot
ties ssut free by Mall.

iiy special arrangement with the
manufacturers OF that Justly famous
kidney medicine. DR.. David Kennedy
Favorite Remedy. the readers OF the
News are enabled to obtain trial bot.
lilo and pamphlet Of valuable medical
advice absolutely free. by simply send
Ing their full name ano post Office ad-
dress to the DIR. DAVID KENNEDY
CORPORATION. Rondout, ". T.. and
mentioning this paper.
OF course this involves enormous ox-
penHe 10 the manufacturers. but they
have received 40 many grateful letters
from those who have been benefited and
cured of the various diseases OF tho
Kidneys, Liver Bladder and Blood,
rheumatism, Dyspepsia and Chronic
constipation, ana all weaknesses recu-
liar 20 women, that they willingly iJnd
trial bottles to all sufferers.
Upon investigation Il was found that
pl per cent OF those who had used the
trial bottle had received such benent
from II that they purchased large sized
bottles of their druggists.
II matters not how sick you are or
how many physicians have failed to
help you, send for a trial bottle OF this
great medicine, II costs you but "a pos
tai card, and beneft and cure will mos,
certainly be the result.
Put some urine IN a glass tumbler and
let II stand u hours; N II has a sedi-
ment or II II In pale or dlscolored. milky
or cloudy, stringy or ropy. your Kid
neys or BLADDER are In a bad condition.
~ David kennedy's Fayorite Remedy
speedily cures such dangerous aymp.
toms as pain In the back. Inability TO
hold urine, q burning scalding pain In
passing u. frequent desire to urinate,
especially al night, the staining OF lin
en- by your urine and all the unpleasant
and dangerous effects on the system
produced by the use OF whiskey, wine
,r beer, Or. David IS,snnedy's Fayorits
Remedy Ia sold at al drug stores at
$500.
Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1899-04-01
WARD ENTERTAINMENT.


The Thiftieth quorum Of Seventy
gave a social entertainment last night.
In the Nineteenth ward melting house.
The affair was decided success In
every particular. There were between
$50 and 300 people In attendance and all
enjoyed the function thoroughly. The
committee on decorations deservc praise
for the artistic manner In which the
house was adorned. Refreshments were
served and an excellent program rem
dered. w. II. Perks was the presiding
spirit and made everyone feel pleasant
and comfortable. Following II the pro-
gram: Soprano solo. Mrs. Agnes Olsen.
Thomas, recitation. Miss Nellie Bayer:
violin solo. w. G. Give. baritone solo.
Mr. John Robinson: plano duet. Mrs.
Karl q. and Miss Annie Maescr; so
prano solo. Mrs. Lizsic Thomas Ed.
ward; cornct solo. Prof Read; duet,
"Prlson Scene" from the opera III
Travotore." Mra. Lizzie Thomas-r.d-
wards and Mr. John Robinson; recita-
ton, Geo. Collct.
Special mention should be made OF
the pleasing manner In which Alvin
A. Becsley accompanied tho singers.
Tho speakers OF the evening were.
Elders Joseph y. Tnyior Of the Stake
Presidency. Iiulan \. Wells. y, Golden
Kimbail. and Seymour u. Young Of the
Seventies. Their remarks were pleas,
ant and well adapted 10 the occasion.
but more particularly 10 the Seventies
and their wives.
Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1899-04-01

nine monthly installmenta OF interest
| and premiums" He contended that
he should have been allowed the re-
ductions on the interest charge. &C.
cording TO the rule Of partial payment,
and that had he been made this al
lowance. the entire principal and loan
would have been paid on by January
!. 1885. The association, however, In
sisted that Howells should pay the In
terest and premiums. according TO the
terms Of the contract. Plelntn
claimed that for the defendant TO en-
force the contract would allow II TO
take an inconceivable advantage OF
My own Judgment is." says the
court that the enforcement Of these
contracts would not be unconscionble."
The court then quotes from the session
laws OF 1890 and finds a term In the
contract Identical with the Utah stat
ute. Says the court.
III under the statute OF Utah a con-
tract like this can bo enforced as be-
tween borrowing Htockholder 50
called, and a domestic corporation. l
can perceive no reason why the same
rule must not be applied as between a
borrowing atockholder and q foreign
corporation doing business In this
state. To decide otherwise is TO Ignore
and dlsobey the fourteenth amendment
OF the Constitution Of the United States.
which inhibits the State from denying
any person within its jurisdiction the
equal protection Of the laws; broad
and wise provision which was Intended
10 Insure q reign Of equal Justice
throughout the republic. n contracts
such aA these. are uncomfortable or
cheat contracts. the Legislature ought.
u would seem, repeal the statute nu-
thorizing them 20 be made. or they
ought otherwise be annullcd before 4
Ia A Ia 60.
the Same kind Of contracts. made with
a foreign corporation. Moreover such
holding seems 10 b. an Invasion OF the
right OF freedom In making contracts"
The court finds that the Utah su-
preme court decisions In the cases Of
sawtelle Va savings company and Pco-
pies savings and Loan association Va
fowble are binding authorities In this
case. and ON their authorities alone. his
honor finds for the plaintiff.
with this case the cases Of Mary n.
Hendry, u. w. Ashton and John n.
White were also tried and submitted.
Az involved the same questions. with
the exception OF the white case. and
are consequently decided the same way.
In the White matter there was a now
contract made. founded on new and
distinct consideration. The court nnds
that the White contract became extin-
guishcd and 80 can not be now the sub.
Jet ~ litigation or Of judgment IN any
controversy between the parties.
The court then orders that findings
and decree be entered for plaintiffs and
Tor an accounting between the parties
and that upon such accounting and the
payment by plaintiffs OF any amount
which shall be found due from them 70
defendants upon the loans that the
notes and mortgages DO cancelled.
II upon the accounting anything be-
found due from defendant 60 piaintlha,
Judgment IN 10 be entered In favor OF
plaintiffs and the notes and mortgages
10 be cancelled.
Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1899-04-01
uurLprso AssooIlrioS LOSES.
Judge nii.. Decide. III. Gas. Of Z. o..
fiowslis aud Others.

Judge Ililea rendered decision to-
day In the case OF Thomas 4. IOwcils
VI the Pacific States Saving, Loan and
building association. finding the issues
for the plaintiff.
Plaintiff In this case sued 20 have
cancelled a certain note and mortgag.
and 10 collect sGssps on account Of mr.
teen shares OF stock and money which
he alleged he had ovcrpaid the defend
ant company.
The defendant IN n California COM
pany, doing business IN this state as "A
building and loan association. Tho
note and mortgage are parts OF
building association.
on the note and mortgage Howclls
borrowed 1850. agreeing To repay tho
same with Interest al the rate OF q Der
cent per annum. Accompanying the
note ana mortgage was a contract
which said that plaintin had allotted to
himself thiriy shares % stock In the de-
PENDANT association and that he would
assign hfteen OF the shares back 10 the
association as a bonus and a consider
alton OF the $1,000. On the other fifteen
shares Howells agreed to pay as per
month AZ premium, until the shares had
mnturcd or had reached the par value
of 800 per share. In addition To this
he agreed 10 pay $3.50 per
month ~ Interest on the 81, 200.
until the maturity OF the
stock, which wan In seven years. This
transactlon was designated In the mort
Hoge and papers na stock subscription
ana an allotment OF shares. and an
agreement ON the part of Howells 10
pay Tor them In q certain specified man
ncr, Judge llileH finds, as "A mnttor
NJ fact, II II not such. and says. The
stock considered ~ a thing u value,
or as having potential existence. IL n
pure nction. The transaction N In
fact loan Of money by the assOcla-
tlon 20 the supposed stakeholder, with
an arrangement by which he shat each
month repay part OF the PRINCIPAL
sum loaned, and interest every month
on the whole sum. In other words. tho
borrower does not get any reduction In
his interest charge 10y reasOn OF his
partial payments OF the principal sum.
80 that when he makes the last monthly
payment Of premium and interest, on
the maturity OF his stock, he pays the
hamo amount OF interest as he aid the
hrst month The scheme seems de-
slHned TO avoid the State
dletlon where such statutes
exist II has also other objects which
are lawful ana In some cases, per
hnps, beneilcent'
IL should be stated that another OF
tho conditions was that Howells agreed
10 pay certain fines v he failed 10 make
the regular monthly payments: and
that " tho plaintin failed to nay the
monthly installments for period OF six
months the defendant could enforce
payment on the principal and interest
on the debt and ON the fines Without
deducting the premiums" paid. or In
tercst thereon. by bringing suit and
forecloaing the mOrtgaged premises.
Between September sth, 1891, and
July md. 1898. Howells paid seventy
Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1899-04-01
BUSINESS NOTES.

The main event OF the week In finan-
cial circles has been the declaration OF
the stock dividend OF % per cent by the
board OF directors OF the Utah sugar
company. There In some curiosity to
note what effect this dividend will have
on the stock. which stood at sit75 and
W. prior to the announcement OF the
dividend. The brokers state that there
have been no transactions today. both
buyers and sellers apparently being
wary about naming n price. The reg
ulnr quarterly cash dividend OF the
company amounting TO 81 per cent was
paid on March 3ist Manager cu.ler
says there IL no question but the same
dividend VIII be kept w. even though
the capital stock will be- Increased 20
per cent by the stock dividend.
The week closing today has been n
remarkably busy on. among dividend
paying stocks; besides the Utah sugar
company the following companies made
disbursements 10 their stockholders
during the week: Coop. Wagon Ma
Saving Bank. ~ per cent. Iieber J.
Grant a Co. per cent Home Firc OF
Utah IL per cent.
Another interesting feature Of the
week IN the advance In State Bank stock
Nhlch started IN ~ klNA, rose TO NlVi.
and sold at ti05. the dividend Of this
Institution VIII b. raid On the 18th.
The annual meeting ~ The stock.
holders Of Y. e NJ. I. occurs on wcdnes.
day. 9Th Inst. when new board viii be-
elected and the reports " the manage
m.nt for the past year viii be sub
mitted.. Il. g. NJ. l. stock II still stiff.
fleming, being quoted nj ties and fig1
a..
the 18th
Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1899-04-01
THE IMPROVEMENT ERA.

The Improvement Era for April In
az hand with, ns usually. an nbund-
nncc OF nrat-clnrl reading matter. Its
iirHt article n on oriental Religious
faiths-lifahneo SomaI. taken from
the reports OF the Parliament ~ Re-
ligionn In Chicago. Early Scenes and
Incidents IN the church." by oliver
cowdcry. IL continued. Prof. ]. NJ.
Tanner has n contribution 60 the dts
cusslon OF Territorial Expansion. ANA
Prof, Nelson writes on the Reality and
Significance Of Heaven aud Hoil. More
about Tl'hlnT" IN the theme Of nlahop
william ". Preston. There are numcr-
Gus other articles both la verse and
prose, and the number Il IN every re-
rpect attractive ana instructive. Tenn
pleton lnliding, Salt Lake city.
Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1899-04-01
An Important Mining Ca.r.

A petition Tor a rchcaring In the case
OF VIM. ID. Wliton II al w The Tn-
umph Con. Mining company, was filcd
IN the office Of the clerk OF the Su.
rrcme court this afternoon, By John
W. PIKE and Col. N. l.. Pickett. nttor-
neys for appellants. The decision Of
the court In this case was handed down
on the 18th ult. The petition for re-
hearing rccitoH n number 81 reasons
why the case should be- re.eNamined,
one or the principal grounds being that
the court erred either IN misapprc-
hcnding the facts Of the case as dis
closed by tho record In the matter OF
holding IN common" the mining claims
IN controversy. or otherwise. In mis-
concciNing the law nS 10 claims held
In common" The case Involves prop.
cr'y near Silver CITY Tintic. and the
decision therein. u i II 10 stand ms the
law. VIII furnish Interesting rendlng To
~" legal fraternity, and rs ,cinlly to
those engaged In rnining litigation.
Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1899-04-01
Judge Hiles Decides the Parley's
Creek Controversy.
GOES AGAINST THE CITY.
Defendant oess Damage. for injury 60
crops Decision In Building and
Loan Association Cases.

Judge fTllcs rendered n decision today
In the case OF Salt Lake city W. Susan
Dudlcr. finding In favor Of the defend
ant and assessing her damages at $3.50.
for the forclble Interruption Of her
water rights In the years 1897 and isss.
and the consequent injury TO her grow
Ing crops during those years.
IL VIII be remembered that a dispute
arose some time ago between the city
and Mrs. Dudler over a certain guam
tity OF water flowing from Paricy's
creek. After considerable diminishing
ON the part OF the clty's agents and "a
number Of mcn employed by Mrs.
10 psdler re, to gain possession Of the water
against the defendant to restrain her
from further divcrting the waters
which. u was alleged. belonged TO SAT-
Lake city.
The case was tried n few weeks ago
before Judge Illlcs and taken under
adviscment.
The court finds from the evidence
submitted at the trial that Joseph Dud-
Ter. husband Of the defendant. In the
year 1856, appropriated sufficient water
from Paflcy's creek to irrigtte three
and half acres OF farming land stu
nted Ia Parleys canyon aH well ~ for
culinary aud domestic purposes In the
Dudler home. Mr.. Dudlcr the court
nnda, constructed a ditch BY means OF
which he conveyed the water from tho
creek to his house and land. The court
further finds that In ISIS Mr.. Dudier
permitted certain persons In Salt Lake
county b construct what IL known aa
the Pleasant View canal. for the pur-
pose Of using the surplus waters "
Il.N h.. laaH aaHa.l
season. or before the dry season had
begun. The consideration agreed upon
was that Dudicr should be permitted 20
flow his water through this new ditch.
also that he be- allowed TO fiil box dur
Ing the liEht water season. The court
also finds that the city has since 1859
been the owner OF s2h per cent OF Par
Toys creek.
The questions for decision. the court
finds, We're.
FirHt-Thc amount OF damages Mrs.
Dudlcr was entitled to.
Second-Whcthcr upon the law and
the evidence the city could change tho
Mrs Dudlcr was entitled during the IT.
rlgation season without compensation,
provided the city did not change the
place Of Its use.
Third. How much water Mrs. Dud-
Ter ought To be adjudgcd TO have dur
Ing all seasons. particularly during the
irrlgating season.
Upon the nrst point the court as.
scrseH Mrs. Dudicr's damages at 1850.
As TO the second matter the court IL
Of IN. opinion that the Dudlcr water
can be changed from the present point
OF diversion In Parley's creek. during
tho irrigation season ana returned 10
the present place OF use without dam
age to Mrs. Dudlcr.
Tho third polnt tho rotfft found aim.
Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1899-04-01
On Shortening the Route Between
Denver and Salt Lake.
sHEARING IN THE NORTH.
Dry and Dussy In Western Idaho,
with Deep snow aud sieighing
In the Southeast.

MFR. Joe" Jones. special agent for the
Short Line. came In this morning from
Pocatelio. There il still a great deal OF
snow between Soda Springs and Kem-
morer. he says. but very little west Of
Pocatolio. where the roads were dusty.
They have already commenced shear
Ing at Bliss. 100 miles west Of Pocatelio.
as the weather there Is warm and fine
and the spring Is earlier there than It
has been this year with us. The snow
In southeastern Idaho Il wet and the
ground Is not frozen. 30 that the earth
win be well Irrigated. They are still
running sleighs In Montpelier and other
places ihercabouts.
Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1899-04-01
AT THE TABERNACLE.
Mr.. Moody wiz Speak There at Half
Past Three Tomorrow.

Secretary Axiom Of the Y. ~. G. A..
and Mr. Moodys manager called on
the News" this afternoon and stated
that the Church authorities had kindly
consented TO grant Mr.. Moody the use
OF the Tabernncie tomorrow afternoon
and that n meeting had been arranged
for. II viii begin at $3.50 asd MIR.
Moody viii preach what he considers
his most powerful sermon. Sowing
and lscaping."
The musical exercises will be con
Quoted by Prof. Towncr. who IL widely
known throughout the country as a
conductor OF Bible Institute music.
A general and cordial invitation ~ ex-
tended To the public To be present.
Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1899-04-01
LOOTED A BARN.

James q. Mcdonald. the candy
maker who lives nj Eleventh South
and Fifth Fast streets. has had an
experience with petty thieves. Last
night they pfied into McDonald's barn
and helped themselves TO Whatsoever
caught their fancy. one double and
one single harness were stolen. The
thieves also dumped two sacks OF rock
salt upon the noo- OF the barn and
proceeded 10 fil the sack with oats.
taking care to clean out the gin most
Thoroughly. They then bctook them.
selves across tho street ana "awiped"
the covering from OF n hay stack. The
matter was reported 10 the police.
Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1899-04-01
TussKL Tnnouom onAys rrAK.
Would shorten the Distsnc. ~ etw cen ~
Lake and Denver.

Sayc the Denver Evening Post.
The Atlantic Pacific tunnel through
urayH peak would provide the most
direct outlet 10 all or the northwestern
portion of the STATE. but II In improb.
able that private means VIII prove AIDE.
quate for the undertaking. The total
length OF the tunnel when completed to
the west slope will he about five miles.
OF that. some 1880 feet have been nm.
lHhsd since the beginning OF the big
bore In 1850. hut little has been done
on the tunnel for many years. and Il IL
not likely that the work will be taken
up In the near future. aH the affair."
81 the tunnel company are In a very un-
satisfactory condition. application for
"a receiver having been made, with no
work.
And yet that tunnel would be OF Inn
measurable bcnent to Denver and the
whole Of the northwestern part OF the
state. The distance from Denver 10 Salt
Lake would be shortened by go miles.
thereby making Denver the nearcat
point for all the travel 10 and from IN.
Pacific and opening up the whoc sec.
tion Of the country across the contincn.
tai divide. That some dny the tunnel
viii be- constructed across the conilnen
tai divide. That some day the tunnel
VIII be constructed. admits Of no doubt,
for the INTERESTS are too large ana
varied 10 let such n project lie dor.
mant. Should the matter be taken In
hand by the Colorado A Southern road
which II most directly interested In the
early completion Of the tunnel. the
work could be prosecuted from both
slides unintcrruptedly until the working
forces met AZ some point under Gray's
Peak. so pertinent Il the matter to
the future prosperity Of Denver that
tho Colorado A. Southern management
should be urged to take hold OF the
project and secure for Itself that outlet
whereby II would make the whole
northwestern portion Of the State trib-
utary TO Its system"
Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1899-04-01
DIR. TALNAGf's BOOK OUT.

The last forms OF Dr. Taimagc's new
Church work. 'rhe Articles OF Faith"
are In the presses today, and the ilrnt
copies VIII be ready Tor distribution on
Tuesday next. Already several Sum
day schools and Church classes have
placed their orders FOR numbers OF tho
book, which VIII be found extremely
valuable aH n text book for all engaged
IN theological studies. The book viii BE-
Issued In various styles OF binding. and
the price VIII be lNed on Monday.
Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1899-04-01
FIRE THIS AFTERNOON.

Late this afternoon the IRE depart
incni made run TO $50 =, East Temple
street, where barn was ablaze In IN,
rear OF James w. Eardlcy'r store The
frame structure was q total loaa ana
was valued at $50 with no Insurance,
small boys and matches were rospon-
Hihie
Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1899-04-01
Colorado Midland clear.

Denver. April 1.-The Colorado Mid
land railroad over llagcrman Pass.
which has been blockaded by SNOW for
fiNty days IN now clear and N no new
storms Interfere through trains over
the line will probably be resumed with
In day or two. The snow shoyeiing
brigadca are proceeding rapidly down
the western rlop. OF the mountains
and have already released seven great
engines, some OF which had been stalled
six weeks.
Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1899-04-01
Motion for ) aasn.n, Denied.

Judge Cherry overrulcd mo-
ton today for Judgment upon the
plcadlnga In the case OF Amos Morcton,
a depoued fireman. against Salt Lake
city.
Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1899-04-01
Further Nr.p,,. for IiIyth..

A motion for new trial In the case
or III. state against John A. Blythe.
recently convicted OF a helnoun crime
upon a little girl. was TO have been
argued today. but on motion Of coun.
sci for defendant, another postponcment
was ordered, this time for two weeks.
Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1899-04-01
CLEARING HOUSE REPORT.

Salt Lake city Aprll I.
Todny'e clcaringH., .....t asi.bii.is
same Jay last year. 2s2,liG.as
Same week last year. q. =. i.alG, 81. 90
Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1899-04-01
Az MULlErT's.

mig Shoe Sale on Friday. April 7th.
Your choice at fi.75 n pair. See Show
Windows.
Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1899-04-01
NOTICE..

The annual meeting OF the
stockholders OF lions Cooper
alive Mercantile Institution win
be- held In the Institution'a office,
Nos ~ 20 n south Main street,
Halt Lake city, on Wednesday,
April 9Th. 1899. at . o'clock .. M,
Tor the purpose of hearing the
Presidents Report. the election
OF officers and directors for tho
ensuing year. and for the trans
notion OF such other business aa
may come before the needing.
T. q. wEBBER.
Secretary.
Salt Lake city. March -. 1880.
Edgefield advertiser. [volume] (Edgefield, S.C.) 1836-current, 1899-06-14
Slaughtered by Hat.

New York, June 7.--lthough
the temperature was seveal degrees
lower during the latter part of the
day and still, cooling beeze from
the northeast started " tonight,
the record Of fatalities oday ex-
ceeded by far those of yesterday
in this city and vicinity. Alto
gether there We're % dedhs from
the heat in the vicinity. and 1O
of these victims were women.
Aside from this there were 40
prostrations, thesvictims of which
are still in the city hospitals in a
more or less serious coapition.