davidaulloa/AmericanStories huggingface dataset:
New-York tribune., 1899-07-20
commission. in its report. used this remarkable
language:

commission. in its report. used this remarkable
language:
When the people voted to supply $4,000 900
LOT the Improvement Of the canals they were led
70 70 peheve that amount sufficient for the work.
Inc entire sum has been expended and the i'm
ProVefnent Is not half done The cost OF i'm
proving the canals will be about two and one
halr times what the people were told would be
necessary while the facts We have ascertained
anu reported account for the improper ex-
penditure OF at least a million dollars exclusive
or moneys paid out for ordinary and extraordi-
nary repairs. which amounted to not less than
SloOOOoO VIC further call attention TO the fact
tnat the Superintendent of Public Works con-
tlnued letting contracts after IL apparent
that the money remaining available was to-
taliy insufficient 10 complete them. This has
left long stretches Of the canal in an incom-
plete condition and has involved the State in
serious questions of liability TO contractors.
Ex-Judge Edwin Countryman Of this city.
who carefully examined the evidence taken by
the Canal Commission on behalf of Governor
Black and Attorney General Hancock in his
report upon his work. submitted on November
2s, 1898. said:
have no hesitation in reaching the conclusion
that the case as proven against the State En-
SlEeer is sufhcient to warrant proceedings by
Impeachment for his removal from Office. But
such proceeding, in view OF the situation and
the circumstances is inexpedient. If not i'm
practicable. as the time is too short and the
method too cumbersome and expensive 10 prove
effective. either as punishment TO the officer
or as reparation TO the State. The only re-
naming course is a criminal prosecution by in
dctment
Concerning the Department Of Public Works.
Mr.. Countryman said:
The singular suggestion is made. in answer
10 these and similar instances of the misappli-
cation Of money. that If unauthorized. il is Of
little consequence. as the State has received the
benefit OF the expenditure But IL is OF the
| ipg
to establish the rule that the Legislature alone
can appropriate money and designate the pur
pose for which ii is 10 0e used 1t is. there
fore, as unjustifable to apply public money to a
purpose not designated by the Legislature as II
is TO make any use Of It without an act Of ap
propriation. Other instances might be given of
plain violation OF the statute in the proceedings
taken by the Department of Public Works. but
II is unnecessary to pursue these details fur
ther as have reached the conclusion that this
also is proper case TO be presented to the
Grand Jury
New-York tribune., 1899-07-20
TRANSATLANTIC TRAVELLERS.

Among the passengers who arrived yesterday az
ternoon on the steamer Majestic from Liverpool ana
Queenstown we're J. 5. Bache. W. J. Best, Foster
Coates, W. c. Burton. DR. G. W Hosmer. J. b. Lip-
pincott. c. X Mainwsrng. Charles Matthews. W. y
Mcclure Colonel J. J. McCook captain Ma MaeIa, pa
iitser Ralph Pulitzer J, Hamgden Roso James Jane.
Robertson. Livingstone Roe. Oswald Ssneel Tsy
ior. Bishop H ". Warren and the Ear sf i~
mouth.
New-York tribune., 1899-07-20
MR. SHOYE'S REPORT.

Mr. Shove. the counsel OF the Attorney Generals
Department. says
As appears by that report, the special counsel
have decided not % recommend the Institution OF
Criminal proceedings, and give their reasons there
FOR I am clearly OF the opinion that their de-
cision should be final In this matter. So far as the
report Of the special counsel relates 20 the de-
termination that there should be no prosecution
concur. ~
There is little that deem necessary to add there
10 / discovered extrinsc evidence OF fraud.
dishonesty or collusion with contractors. BY "ex-
trinsic' mean evidence outside OF the differences
that perhaps could be drawn from the criticised
act or acts. There were several cases OF alleged
fraud reported 10 which were investigated by
The special counsel and myself carefully and as
fully as possible In none OF these cases did find
any evidence whatever Of fraudulent dealings and
lf-kA
New-York tribune., 1899-07-20
NO FRAUD BY ENGINEERS.

In the contracts specially investigated by this
snaciai counsel mentioned in their report I dis
covered no evidence Of fraud or dishonesty on the
mart OF the engineers In charge OF the construction
n their returns OF quantities OF work performed
In cases OF dispute between the contractors and
such engineers as 10 such quantities the matter
was referred 10 the State Engineer, who decided
what should be allowed or disallowed and directed
that the returns be made accordingly. This does
NOT include the returns OF rock excavated. which
was determined generally by the resident engineer
whose duty IL was make such classhca tions.
There were many instances as were discovered by
the Canal Investigation Comml lsson, where work
was performed by contractors OF a nature and kind
not stated in the items Of work In the bidding
sheets as for instance, ramniing and repairing
alone walls. and where the value OF such work de-
fernined BY force account was returned In the
items However found no evidence that the work
so returned had not actually been performed on
the contrary in the contracts especially invest'-
gated by 10 the testimony OF the engineers was
New-York tribune., 1899-07-20
cOrRT CALENDARS FOR TO-DAY.

Annellste pivtsion-Supreme Court-Reces
slpreme Court-Special Term-Part Before Fltrsef-
AID Court opens at 1890 a. No. /. Union stone
Works agt BIinn: No. 2. Brcsn agt Leinnon' 10 9
poa,es az, Bradley: No Venabe agt Hughes. 30. o
Rytier ast HarrelI: No Corlles sgt Harris; No =.
foliiday aRt Yorkshire Guarantee and Securities Cor
noratjon Company: No $ Bland agt. Larkin No T.
Krschrnan agt. Wolpert No TO- Ives agt Ellis, No. y
Camman azt Camman. No -. matter ot Plimley NO 10
matte OF Oysternan No. IA. matter of Game~en IRE
Alarm telegraph mpany; No Is, Helhnger sst Prlyss
No ia Padding agt NerdoN. No IL Tayior sgt lSiol'
No rs Anderson agt Houghton No II Olmsted Mt
pver No 20 matter Of Knickerbocker Trust company
xo 81 nreshern agt Dreshern No. q stern agt soen-
sstn. No % Jessup agi. Fenton; No q Won Au sst.
paiadino. No 25 Bliss McKeown; No 20 baumeis.
ter ast Musical Courier Company NO q briseoof fsn
az, Brtadoorian: No. %. Plstzek agt Meil 10 g.
compton agt Field: No. 30. Ives agi Elis' So, ~:
pIs"nack sat Blesnack No 32 Manhattan Halfway
Somn1ov agr siefke. No. 80. Mutual lAfe inslIanee
Compsny AT De Lee: No. a. Roosevelt sst earos,
No al People rel. Kastor sgt kesrny 10. 90 sonn
a., Tohn. No 81 matter Of Dunne No ss .2oney -
eei,.s No 80 Flwall agt Mcdonald; No 20 pregnancy
-, pe.rdon- No A. McCienahan ast Greaoon' 40 ~
-,s,,sr q, Hastings card and Paper company 20 -
panpby ast schmidt No ~. Stuart ast stuart NO ''
supreme court-speelal T.rmPart Il-Before Andfe~s
Sonrt opers AZ 10 30 q. m * par'e nsttetss $500.
'ssegs,.!s s-ourt-Chambers-Before Narnum s-Ceor
% a. 10 20 A m Wills for probate: jacob n snms
p-Io. opsI vshbouch Amaia Posenecker Patrick ncAraS
II.s .isYander Rose whelan. Francois Srsl al ioO
m . Robert v Lynch. al IL a. ~. on- ,-~.,x,
cty Court-speeisl Tefm--Seiore D"Se'' '--~"u'
on.n. Al 10 q m. Motions al 10" a. m
New-York tribune., 1899-07-20

General Julio Roca. President OF the Argentine
Republic is soon to pay Visit 70 Brazil prooaoN
uhen potical activity will have slackened In the
summer which begins there in December. the
cause of the voyage OF the Argentine President
was said at Rio and at Buenos Ayres, 70 oe tne
preparation for the establishment OF an al Io.stsr Ia
,ion tribunal destined settle all questions now
pending between South American nations and 70
create a kind Of South American hegemony Win
Brazil the most populous country. at It's head.
New-York tribune., 1899-07-20
MATERIAL FOR EMBANKMENT.
CLASSIFICATION.

The great excess in the actual returns OF rock
excavation over the estimated quantities Is. the
Commission fully reported the result OF the pro-
vision Of the specifications that hard pan which.
in the opinion OF the resident engineer. could not
be ploughed should be classified rock. The penal
statutes which would apply 10 a fraudulent classi-
hcation under this provision Chapter 329 OF the
laws OF 1854 section - section l65 OF the Penal Code
No indictment could be sustained under these
statutes without evidence from which a jury would
be authorized 10 find the existence Of intent 10
defraud. Such statutes not enacted against
mere error or negligence.
The discretion this subject vested in the resident
engineer is very broad. Any material which in his
opinion cannot be ploughe5 must be classified as
rock. Manifesy II would be extremely difficult 70
show in the absence OF evidence OF fraudulent COL
luson with the contractor other corrupt purpose.
that engineer clothed with this broad discretion
airy power had committed a criminal offence, such
as making a false return, in deciding that 'in his
opinion" certain materials could not be ploughed
and should. therefore. be classified rock
criminal prosecution In which the evidence de-
pended upon the opinions OF experts one side
that the material could be ploughed. and an equal
number OF experts the other that II could not.
with nothing additional TO show fraud on the part
OF the engineer would be absurdity.
New-York tribune., 1899-07-20
EMBANKMENT.

Under the spcclhcat ations an embankment price In
addition the price for vation was paid for all
materials necessarily hauled more than one thou
sand feet whether 10 be used in making the banks
proper or hauled to spoil banks to be wasted.
In the bidding sheets the engineers estimated FOR
embankment only cmbankment properly so called:
and did make any provision in the estimates OF
that item for materials hauled more than one tnou-
sand feet AS many spoil banks were located more
than thousand feet away from parts OF the
canal from which excavation had TO be hauied
and many barrow pits from which materials
were taken 10 build actual embankment were 10
Gated more than one thousand feet away n from
points where the material so borrowed was USED
the quantities OF embankment allowed on many
OF the contracts greatly overran the estimated
quantities 81, ,.L
the Interpretation which the state Engineer put
upon the embankment clauses or the specincauohs
would upon reading them especially In connection
the provisions OF the specifications In respect
to excavation. ever suppose that they included ma
terials hauled than thousand feet TO spoil
banks and not used in building banks Tne STATE ss
Engineer however. says that the specifications dld
mean this. and that his division engineers we're al
aware OF II. II seems 10 be clear from the cor
respondence on the subject between the division
engineer in Syracuse and the State Engineer tnat
this Interpretation Of the embankment specification
was not afterthought but had been determined
upon by the State Engineer before the contracts
let.
The CONTRACTORS who were examined before the In.
vestigating Commission said that they understood
the embankment specification to mean that over
New-York tribune., 1899-07-20
REFEREES APPOINTED.

Supreme Court.
BY Bischon jr.. j.
v.,,.r of Nintz-Max Atmayer
BY stoyer. J.
Johnson ast Fostsr-sidney J. co"en
BY Andrews. ].
RANDALL axt Dale two cases)-John X Judga s
ssnds axt parsgh-Wiliam X Bronx
schnoerer agt. Schnoerer-Ed~srd yseooS
stslner axt 5reenbaum-S L. H. ward IT
.fyons agf Bard-John X: Judge
rcwerre agt Lowerre-Edward Jacooe
Adler agt strippier-Charies ID Ceveand-
RECEIVERS APPOINTED
Supreme Court
BY Bschon. jr.. J.
Charles L Hunter agt- New-fort BaeAodoro o.
X. Brawley
william RANKIN AT. James rtson-John Pattsrson, -
New-York tribune., 1899-07-20
GREAT DISCRETION ALLOWED.

In work Of such magnitude the most carefully
drawn statute must confde much discretion 10
Sdence Is reposed are without fidelity 10 their
duties they can be guilty Of much misconduct
which does not amount TO VIOLATION OF criminal
law. -. -..A,, al, - .
cbsree of criminal viola on OF his duty Is necessary
heTe It is clear that crime has been committed by
him vet il should not be undertaken on rumor or
70 an excited public opinion. II II is so undertaken
experience has shown again and again that the
nected officials. but are more likely 10 bring the
criminal law into contempt
New-York tribune., 1899-07-20
CLEAR PROOF NEEDED.

There should be reasonably clear proof that in
the transactions made the subject OF the charge
some dishonest motive or. at least, that the ac-
cused with full knowledge OF the facts deliberate
iv neglected 10 perform some duty in the premises
enioined upon him by law, or disobeyed the posi-
tive commands OF some law relating to his Official
duties. ,.. - ,,, -
our decision to institute no criminal prosecu-
t,one on this evidence does not mean that IN our
opinion the officials charged with carrying out the
great work OF improving the canals have done
fheir duty The discretionary powers vested in the
SUPERINTENDENT Of Public Works and the engineers
nv the contracts and statutes, pursuant 70 which
tSe work was done were unduly great and have
been abused.
Arizona republican., 1899-04-06

articles, none of which were correct,
and most of which were unjust to the
students. The Tucson Citizen stated
on Saturday night that the lis OF
students which it published had been
expelled from the school while as a
matter of fact not one has been eX-
PEELED nor is any one likely to be. The
Star published all article on sunday
morning for which, as we understand,
Professor Forbes is responsible. We
would like to call the attention of the
public to this article as a specimen CT
smallness and pettishness of the fac
ulty. Further. it is wilfu misrepre
sentation of facts.
"FrOm the students standpoint the
following are the facts and the grounds
for their stand: II has always been
the custom to have an annual pillow
fight between the upper and lower
floors Of the boys dormitory. This
fight has always taken place between
the hours of nine and half past The
authorities have never objected, as
this half hour has never been a study
hour and has always been used for
recreation. At the first sign OF the
disturbance on Wednesday night Mr..
Hall petulantly and angrily ordered
the boys to their rooms. They went,
without any cajoling of leaders. as
Professor Forbes falsely states. They
rose in a body on the following night
and carriad on for fifteen minutes
we'll conducted pillow fight. The fight
took place on the campus and imme-
diately afterward the boys returned to
their ROOFS in coed order.
For this offense Mr.. Hall assigned
two hours extra drill to twenty-siX
boys. The boys resented the arbitrary
power of Mr.. Hall in overriding all
precedent, in giving such unreasonable
and uncollege-like commands, and
furthermore objected to the petulant
iIl-temper shown by him throughout
the affair. They refused to drill and
the faculty refused to hear their side
of the case or take into consideration
the injustice of Mr.. Halls command,
maintaining that they must support
him no matter how unjust or uni eascn-
able his commands. This left the stu
dents and Mr.. Hall in direct opposi-
ton and one or the other had to give
way or the students leave.
THE students candidly acknowl-
edged a serious Offens,a and declared
their readiness to take the punishment
if this arbitrary power be taken from
MIR. Hall, or if he acknowledge his evil
ueHN HhIsldh9 1H1S Was 1eIuSeu anu
the students as a body leave tonight
There should be no mistake, how
ever, as to the manner of this leaving
The boys have nearly all done the
extra duty and therefore are in good
standing at the university and leave
under no cloud, but because they
choose to attsnd no institution con-
Quoted on such petty and uncollege-
like principle.
1.-THE point of the injustice done the
institution is greatly regretted by the
students, but they think the blame
rests entirely with faculty or board
Of regents which would allow an arbi-
trafy stand taken by a single indi-
vidual in moments o. anger to com
plete1y ruin an institution
wv r. M'BRIDE,
"On behalf eff the retiring Students
Arizona republican., 1899-04-06
FOR PREARRANGEMENT
Things Put in Readiness for Safur.
day Nights ConCIave.

a call has been running in the dem
ocratic prints of this city for several
days summoning the faithful to meet
on the night OF April 8, for the pur-
pose of arranging for the biennial
municipal struggle. The call is given
authority by the signature Of George
Purdy Billiard, secretary of the demo-
cratic central committee, which was
organized to no purpose two years ago.
The affairs Of the city democrats were
left in such chaotic shape then that
it seemed almost impossible that they
could be adjusted in a single night
without some preliminary preparation.
Accordingly William Thomas Smith,
by virtue of the authority reposed in
him as a defeated candidate for mayor
two years ago, issued another call for
a meeting to be held in his telephone
Office yesterday afternoon to lay out
the work for next Saturday night. Mr..
Smiths call was not extensively ad
Vertised. Mr.. Smith has been taught
by experience that where two or three
of the faithful are gathered together
with a definite purpose in their midst
more can be accomplished than in
large and disorganized popular as
semblage when all is confusion
Mr. Smiths call was therefore dis
tributed by Jasper DObbs' lightning
messenger service which is advertised
to be strictly confidential with respect
to messages.
All the persons desired were present
when this meeting of prearrang cement
was called together at 3: 80 yesterday
afternoon. They were: MIR. Smith,
Neri Osborn, a. S. Arthur, Emil CAM
end at least one other person. After
order had been wrought out of chaos
and a motion to adjourn had been
offered, Mfr. Smith said: Gentlemen,
Arizona republican., 1899-04-06
Ell CHAPITO COLORADO.
Wool Buyer Vanderwort Handicapped
By His Hair.

Red" Vanderwort is the cracker
jack wool-buyer OF Arizona and al
ready has purchased for the firm of
Brown & Adams of Boston, more than
$4,000 pounds of our spring clipping
RED" is quite an old-timer in the
country, having come to New Mexico
as early as 1878. and when in a remin-
iscent mood tells 4 good story on him
self-being an experience had soon
after his arrival in the land Of the
'manana.
Be it known that Vans hair is Sc
Internally frey red, that he never
needs a headlight at night and to
light his pipe, he merely touches q
piece Of twisted paper to his frey
capillament Red says that soon
after his arrival in Manana land, he
became desperately enamored OF a
at the proper time and place made the
necessary overtures. But alas, his
good intentions were fatty, though pO-
li5ely, refused; in fact, Van was given
the marble heart and for no other rea-
son than his hair was too darned
red Van admits that he pleaded, ar
gued, expostulated, and with tears il
his eyes, begged TO know why his red
hot suit and tempting Offer was so
unceremoniously rejected
After vainly exhausting all the va
riors hair dyes to be found in the
local markets, and before he succeeded
III acquiring the regulation tint to his
hair, the Mexicans, as was their usual
custom, had Elicl1-named him lei
Chapito Colorado" This was the
straw which broke the camels back,
and in great disgust at his Internal
hard luck, Van thereafter eschewed
dyes and senoritas.
From that day to this, Red" has
been known from Las Cruces in the
south. which is over against La
Mesllla, the chief city of the people of
Quisas 81; to Ell Taos on the north,
known to all the inhabitants round
about as the refuge city OF Quisas No
in all this land, Van is now known as
el Chapito Colcradito. Pick and
Drill.
Arizona republican., 1899-04-06
BOYER'S TRANSFORMATION
How From d Peaceful Citizen He Be-
came Restaurant Proprietor.

Mr.. L. S. Boyer, who has hitherto
been engaged in peaceful fields, sud
denly found himself taken by the nape
Of the neck and lifted bodily into the
restaurant business. He is now en-
gagged in the fierce competitive struggle
toward the top. Mr.. Boyer's trans
plantation came about in this way.
On March IS, L. H. DeMers, proprietor
OF DeMers' Cafe, procured a loan of
Mr.. Boyer and gave him a mortgage on
the restaurant. Nine days later Mr.
DeMers surprised the mortgage by
announcing that a restaurant could not
be successfully run on mortgage
alone. Certain supplies were required
and Mr.. Boyer was asked to put up
more cash. Mr.. Boyer having yoked
himself up with Mr. DeAlers could not
help travelling with him He threw
more money into the business and took
a bill of sale on it. To further secure
himself he took nominal possession.
Mr.. Boyer ch3fed under this new re-
sponsibility. He importuned Mr.. De-
Mers to remove the load by selling the
restaurant and repay:ng him his
money, that he might return to the
peaceful existence he mad known be-
fore he began to cater to an unsati-
able public. DeMers promised to do
so, but on Tuesday, March %, Chat
date is burnt into the memory of Mr..
Boyer,) he skipped the town and Mr.
Boyer, became the de facto, as well as
the de jure owner OF the restaurant
Mr.. Boyer fears thai Mr.. DeMers will
never return. He does not think that
the dread of the restaurant alone
would make him a permanent exile
from Phoenix, but he. understands that
he went away leaving many unsettled
obligations. With a strength and pur-
pose born Of despair Mr.. Boyer. has
gone into the cafe business in earnest,
and is determined to succeed. where
DeMeIs made a dismal failure.
Arizona republican., 1899-04-06
THE CAVE CREEn MURDER
The Latest Information of The TrSq-
edy Brought Down Last Night.

Marian Mccain arrived last night
from his ranch on Cave Creek with the
latest news Of the murder OF Jack
Ford by James Daniels last Monday.
Mr. McCann's ranch is about twelve
miles from the place of the killing. he
received his information from the
French sheep herder, who witnessed
the tragedy, but unless Daniels is cap
tured and consents to talk, the cause Of
it will never be known, for the prelim-
mary quarrel was carried on in Eng
fish, which the Frenchman could not
understand He was with Dani1.s in
q Canyon near the camp and Ford came
riding over the hill on mule When
he got within talking distance ne and
Daniels began talking in a loud voce
Daniels made gestures as if desiring
the foreman to stop, but Ford kept ad-
vaneing until he was within thirty
yards, when he dism0unted and ad
vanced on foot. Daniels then raised
his gun, a Winchester repeating rifle,
and fred. The shot took effect under
Ford left eye. Another shot hit him
in the left shoulder, and a third in the
breast. They were all fired quickly
and the Frenchman ran away without
stopping to ascertain if they were
fatal After the shooting Daniels took
FOrd's mule, rode it around the hill
and left it along the creek half a mile
from the scene of the murder. What
direction he then took is not known.
Mr.. Mccain says Ford was a man of
good reputation. He had worked for
George Scott, the sheep man, two years
and then went into the sheep business
for himself. He had been only tempo
ra1ily employed by Mr.. Yaeger as fore
man while The sheep We're moving
north
Daniels, on the other hand. has a
bad reputation. Before he became a
sheep he1der be was a miner and was
employed at the Maricopa mine whence
he was discharged on account of his
mean disposition. He was Ford's
physical superior, SO there was no
necessity for numbering him seeing he
was unarmed. In fact Ford never went
armed saying, if a fellows to kill you
he'll do it anyhow. Mr.. Yaeger had
lately distributed IA lot of improved
Winchesters among his men but Ford
had no use for his
The hunt for Daniels was officially
begun yesterday. Deputy Sheriffs
Moore and Standard left for Cave
Greek d little after daylight. Mr.. Ne
Cam says that the murderer will be
found with great difficulty, if at all
The country is very rugged and man
can travel through it on foot or hide
in it indefinitely without leaving a
trace. Daniels is well acquainted in
all that region. Justice tombstone and
the coroneris jury also left early yes
terday morning to view the remains
They viii return today.