davidaulloa/AmericanStories huggingface dataset:
The silver messenger. (Challis, Idaho) 1890-1912, 1899-11-21

course, said he. and that is TO
seek truth and pursue it stead
lily.
Again. What nation had Civ
en- us of its blood and of its
treasure that we might fight its
own hated foe ? France. She
had done for US, often ineffectu-
ally, the best she could, and
throughout the country there
was feeling of intense graft
tude towards her; for rshe had
given Lafayette, Rochambeau
and Decrease. Yet it was
against France and with Eng
land that Washington dared to
stand during his presidential oc-
cupancy. Even as there had
been ten thousand threats against
our treaty with England, there
had been an equally intense feel
ing in favor Lof joining forces
with France; but the anxious
Washington, ever seeking for
the good of his country-not the
immediate good only, but the
presentsand the future good
saw in the French Revolution
and it's leaders something very
different from the American Rev
olution, and he would not give
support to what under the name
of Revolution was actually retro
gression.
Without any others these two
acts are and will never fail as
signal proofs of the independ-
ence and far-seeing character of
his judgment.
The silver messenger. (Challis, Idaho) 1890-1912, 1899-11-21
Music Album Free.


Subscribe for the st. Louis
Sunday Star and you will receive
with each number a new SONG.
regular sheet music size, with
Autograph title; handsome "a
page magazine in book form.
with beautiful illustrations; the
colored cover for the little folks.
and all the news. Send so cents
for three months trial subscrip-
ton. Address st. Louis Star.
st. Louis, Mo. A copy of the
paper can be seen at this office.
The silver messenger. (Challis, Idaho) 1890-1912, 1899-11-21

On December 18th, 1899, the
centennial of the death of George
Washington will be commemor-
ated in hundreds of communities
throughout the land, but more
notably in the District of Colum
bia and at Mount Vernon. Much
doubtless will be said regarding
him that would seem extravagant
if we could come in personal con-
tact with this plain, unassuming
leader of the Revolution. But
the extravaganza of others need
not deter us from adjoining his
memory with few humble
wreaths of appreciation.
Two phases of his character
seem almost contradictory.
Where public utterance was re-
quired, he was difident-almost
bashful. When he risked his es-
tates and offered his sword in
the service of his country, he
said emphatically, Il this do de-
clare with the utmost sincerity I
do not think myself equal to the
command that I am honored
with. " When he wrote his fare
well message he deferred to the
judgment of others as to what if
should contain. He was quick
to recognize his own limitations
and to lean on others. But this
distrust of self was not always
his.
Two acts evince beyond all re-
futation the lion-like courage
and self-poise of George Wash.
ington. With whom had there
been eight years of war {? Eng
land. From whom had there
had been twenty years and more
of abuse and all wrong {? Eng
land. What country had sent
hireling soldiery to the highways
and the cities of America {? Eng
land. Yet when it came to the
point of settling policy that
should exist-not between the
mother country and her colon.
les, but-between one sovereign
nation and another, Washington
dared, in the face of ten thous-
and threats, to approve the com
mercial treaty that resulted from
the envoyship of Chief Justice
Jay. His character was attacked
with violence. Even impeach-
ment was suggested. Hounds of
defamation tried to drag him
down. There is but one straight
The silver messenger. (Challis, Idaho) 1890-1912, 1899-11-21
Houston Copper Mines.

e. j. Schermerhorn, brother
of f. B. Schermerhorn who had
charge of the Idaho mineral ex-
hibit at the Worlds Fair in Chi
cago, arrived yesterday from
Custer county, and will probab-
ably remain here during the win
ter. He is engaged in mining,
and is the owner of several
promising properties.
He says that the copper mines
six or seven miles from Hous
ton, owned by the John W.
Mackey syndicate, are being
worked Systematically, a force
of about fifty men being employ
ed. Work will be prosecuted
all winter.
A depth of 700 feet has been
attalned, and the company will
continue sink the shaft several
hundred feet deeper. Two of
the finest and most powerful
pumps in the state have been
put in to handle the water.
The smelter will run until
Christmas, when it will be shut
down for a few days only to be
started up again.
A few miles from this proper
ty are Col. Sharp's copper mines,
which are pronounced valuable
by all who have examined them.
These operations impart an air
OF business to the surrounding
country, and make money much
easier.-Hailey News Miner.
The silver messenger. (Challis, Idaho) 1890-1912, 1899-11-21
would be absolutely void. ada
county VS.. Cess, 40 Pac. 1046.)

county VS.. Tess, 40 rae 1oto'J
"The conclusion at which l
have arrived, therefore, is that
these moneys, when deposited,
became a trust fund, that the
bank became a trustee for the
counties; that the receiver stands
in the same position as the bank
did; that the creditors never OBJ
tanned any right in these funds
as they at no time could be con-
sidered as a part of the general
assets of the bank, and that the
counties are not estopped from
claiming this as trust fund by
reason of any facts appearing in
the case.
1T is the'opinion of the Court,
therefore, that the counties
should recover for retrospective
amounts as shown to be due
them according to the money
upon deposit, less the dividends
which have been paid, and that
an order and decree directing the
receiver to pay these amounts
will be given. l think, however,
that in view Of the fact that the
creditors have had no interest in
this matter. that the county must
pay the costs of these petitions,
except such costs as were made
by the receiver himself. In other
words, that each party pay his
own costs. Findings of fact and
conclusions of law and decree
may be drawn up in accordance
with this opinion.
The silver messenger. (Challis, Idaho) 1890-1912, 1899-11-21
Teachers Examination.

Teachers examination will be
held in Challis, Nov. Oath and
25th, 1899, and a special will be
held in Houston Nov. 9th and
28th. Questions in School Law
will be taken from Chapter VII,
1699-19O0 compilation, and ques-
tons in State Constitution will
be taken from Article WAR
GARET KEENAN,, Co. Supt.
The silver messenger. (Challis, Idaho) 1890-1912, 1899-11-21

Happiness lies in our wish TO
make others happy, but we want
them to feel the same way about
us.
The silver messenger. (Challis, Idaho) 1890-1912, 1899-11-21

After a woman has reached
the age of 80 she wonders how
how many years will have pass
ed before she is 81.
The silver messenger. (Challis, Idaho) 1890-1912, 1899-11-21

In a recent letter to the press
Col. VIM. ]. Bryan is highly
pleased over the results of the
recent election.
The silver messenger. (Challis, Idaho) 1890-1912, 1899-11-21
Custer County Wins.


Rich has just rendered decision
in favor of said counties.
Custer county sued to recover
$12, 241, balance due. The county
had large sum on deposit when
the bank failed. 1t received two
dividends prior to the supreme
court decision in the case of the
State VS.. Thum in which it was
held that public money on deposit
was q trust fund and could not
be considered as o part of the
banks assets. The county
brought suit under that decision,
but the receiver pleaded that the
county was estopped by reason
Of it's acceptance of the divi-
dends. Judge Rich in his decis-
ion says
"While separate petitions have
been filed by the above petition
ers, the issues are practically the
same and the principles of law
which in one case controls, will
control in all, and for the pur-
pose of the opinion will all be
considered together.
1.-THE petitioners allege, gen
orally speaking, that during GER
tain times in said petitions nam
ed the several counties deposited
large sums of public moneys
with G. Bunting & Co., bankers.
That thereafter G. Bunting &
Co. failed and a receiver was APP
pointed to take charge of the
assets of said bank. That the
receiver is proceeding to pay out
and distribute said public mon
eys, which it is claimed he has a
right to do, and an order is ask
ed for directing him to pay said
several sums over to the petit
TONERS.
1.-THE receiver has answered,
denying specially the material
allegations in the petitions and
pleading an estoppel by reason
of certain dividends having been
paid by the receiver and accept
ed, as it is alleged by the petit
TONERS.
1.-THE first question which pre-
sents itself for consideration in
all these cases is, what was the
stutus of these funds in the bank
and deposited there by the sew
eral treasurers ? This question
is no longer an open question in
this state, as it has been settled
by the laws of the state end the
decision of our own supreme
court.
I'm the case referred to below,
the supreme court has held, that
public money deposited by pub
lie officer in bank becomes a
trust fund and not a part of the
assets of the bank. 1t is further
held that no act upon the part
of the treasurer, or party de-
posting said public money, or
the officers of the bank, can in
any way change the status of
said fund-it is trust fund by
virtue of the statutes of the state
and no public officer has power
to make it otherwise. In other
words, the treasurer cannot be-
come general creditor of the
bank, as individuals do when
making deposits. consider it
well settled, therefore, so well
settled that it is not a matter
open for discussion in this court:
that when these public moneys
were deposited in the bank of G.
Bunting & Co., they became a
trust fund, and did not, and could
not pass into the general assets
of the bank, and that they must
be treated and considered by the
receiver as trust funds and not
us part of the banks assets.
Estate VS.. Thum, IS Pac., S58
Revised Statutes of Idaho, Sec
tions 6975-6977.)
Counsel for receiver contend
The silver messenger. (Challis, Idaho) 1890-1912, 1899-11-21

/
be permitted to pass into the
general assets of the bank and
be distributed as general assets
of the bank-that the company
should simply pro rate with the
creditors of the bank. But this
question has also been fully met
and answered by the decision OF
court in the case above referred
to. In fact, it must necessarily
follow that if this fund is a trust
fund, the creditors could not
share in it. The Court in the
above case, among other things
said THE respondent, as re-
ceiyer of said bank, can assert
no claim to the said money which
the bank could not itself assert
if it was still doing business.
The creditors of the bank have
no interest or claim upon said
money. The joint wrong and
criminal act of the agent of the
state and the officers of the bank
does not rebound to the financial
interest of the creditors of the
bank. The bank received the
money in trust for the true own
er, the state. 1t must be regard
ed as a trustee This consti-
tutes the law of this Court. The
creditors never could acquire any
interest in the said money. 1t
was simply a trust fund, and
could not become part of the
assets of the bank, out of which
the creditors of the bank could
not share. l consider the mat
ter positively settled by the de-
cision of the Supreme court, and
by that decision it is needless to
say this Court is bound.
Another point stringently ar
gued by the counsel for the re-
ceiver was that the counties are
estopped from claiming the
money in question as a trust fund
by reason of the fact that claims
were filed by the several treas
urers, dividends paid, and these
dividends accepted on the part
the petitioners. 1t would be a
sufficient answer to this conten-
ton to say, in the first instance,
that the county, the petitioners
herein, never filed any claims or
laid claims to any dividends;
even if the principle of law as
contended for was a sound one,
still the evidence would be
wholly insufficient to warrant an
estoppel on the part of the coun-
ties. The evidence wholly fails
to show any action upon the
part of the county commission
ers, which would preclude them
from making the claim that is
made here. In the first place,
the county treasurers were not
to make the claims
or receive the dividend, and in
the next place, there is nothing
to show that the Board of County
Commissioners had before them
all the facts at the time they ap-
proved the treasurer's report.
To warrant the conclusion that
they were knowingly accepting
these dividends and to put in
force the principle of estoppel,
it must be clearly shown that all
the facts were before the par
ties upon which the estoppel is
based. Before party can be
he must at the time of
action have knowledge of all the
facts, upon which the estoppel
is laid.
But even if the Board of
County Commissioners had act
ed rightly and positively in this
matter still their acts would not
bind the county and would not
be void. They would have no
right or power, under the law, to
change the status of this fund
from that of a trust fund-they
could not pass it into the gener-
ii assets of the bank and forfeit
The counties right, even if thew
The silver messenger. (Challis, Idaho) 1890-1912, 1899-11-21
Some people are never missed
until after they are dismissed.

Few people are able to appre-
ciate a good thing until after
they lose it.
Orleans County monitor. [volume] (Barton, Vt.) 1872-1953, 1899-12-18

The statement made by Roberts
that polygamists had been appointed
postmasters in Utah, by the president
and confirmed by the senate was news
TO the president, the senate, and the
post office department, which immed-
lately began investigation to ascer-
tain the truthfulness of the statement.
If there is a polygamist postmaster
in Utah, or elsewhere, he will be dis
missed from Office as soon as the
proofs are in the hands of the depart
ment. The house committee that is
investigating the charges against Rob
erts is working diligently. It's report
is almost certain to be against Rob-
erts.
Orleans County monitor. [volume] (Barton, Vt.) 1872-1953, 1899-12-18

Governor Dillingham; writes the
Windsor Journal: tI have not been
and am not now candidate for the
house." He probably intended to
have said: sI have not been since
1884 when I was beaten by general
Grout.'
He also says: "But am, as I have
been since senator Morrill's death, a
candidate for the senate" This is
correct. He was a candidate instantly
upon the lamented senator's death,
and a canvass in his behalf was at
once precipitated through the entire
state, in which letters and telegrams
to the governor were solicited and
petitions circulated, and the air was
full of those things when remains of
the dead senator reached the state
for interment. But to the credit of
General Grout it can be said, that he
refused to have anything done by his
friends in his behalf until after the
funeral, at which time the ground had
been we'll covered by other candi-
dates. Governor Dillingham; is right;
he has "been a candidate" ever
''since" Senator Morrill's death; not
a moment was lost.-Rutland Neaos.
Orleans County monitor. [volume] (Barton, Vt.) 1872-1953, 1899-12-18

The English forces in advan cling to
the relief of the besieged cities in Af-
RIGA are meeting with reverses at
nearly every point. General Methuen
who is advancing to the relief of Kim
berly was met and defeated by the
Beers last Monday and he has been
obliged to fall back and is now on the
defensive. His loss in the battle is
reported to have been between eight
and nine hundred.
Orleans County monitor. [volume] (Barton, Vt.) 1872-1953, 1899-12-18

Ex-Gov. Pages congressional boom
seems to be progressing favorably
and persistently, Notwithstanding it
started so early in the season that it
was thought by a good many it would
soon die out. When one comes to
think the matter over, it is not SO
strange, after all, that his boom should
possess such remarkable virility. In
the first place he is known all over
the state, and no one has to ask who
he is. Heis not only we'll known, but
he is favorably known. He has a
host of friends in every county in the
state, and they are all letting their
voices be heard. Then he is not a
lawyer; and somehow or other there
seems to have sprung up recently
feeling that we do not want LAWYER
for our next member of congress, but
that, just at this time, we ought to
have business man who can deal in
telligently with the peculiar questions
that are to come before the next con-
gress. Besides all this he is a man of |
sterling character, and his record for |
economy and executive ability when |
he was governor characterizes him as |
just the man for the place. All the |
pther candidates are excellent men.
but they are all lawyers, every one of
them, and, as we said before. the
people are opposed to lawyer for
member of congress just at the pres
ent time, and are determined to have
a business man, if we are not very
much Observation-Disclosures Earth.
Orleans County monitor. [volume] (Barton, Vt.) 1872-1953, 1899-12-18

The election of Hon. Thomas Hart,
republican, as mayor of Boston last
Tuesday, with the other republican
victories in the state is not very dis
couraging to the republican party at
this time.
Orleans County monitor. [volume] (Barton, Vt.) 1872-1953, 1899-12-18

Aguinaldo is still running and bids
fair to continue until there are more
Vermont candidates in the field in op-
position to him.
Orleans County monitor. [volume] (Barton, Vt.) 1872-1953, 1899-12-18
ORLEANS COUNTY MONITOR.
PUBLISHED WEEKLY BY
GEO. TELL. BLAKE G CO..
BARTON. VT.
w. L. JACOBS, Editor.

Terms-wHEN PAID STRICTLY ADVANCE
&1.50 a fear.
Keep your subscriptions in advance. Re-
or Draft.
Watch the label on your paper to see IL
proper credits are made, and Keep yoatr sab
scriptions an GdUance.
In asking for a change of address, always
state where your paper is 4,olo sent.
Rates of Advertising made known on ap-
plication. All cuts must have metal body.
The sun. [volume] (New York [N.Y.]) 1833-1916, 1899-07-14
DI1I0-

BATES.-In Brooklyn. on Wednesday, July IL, Of
consumption John W. Bates.
Relatives and friends are invited to attend the
funeral services at his late residence. 81 New
York av., on Friday. July a. at P. NJ. Inter
ment private.
CHATFIELD.-At her summer home. Brooks
Vale. Conn, "Wednesday. July II. 1892. OF heart
failure Elizabeth Brooks Chathcld. wife OF Hen
ry ". Chatheld of 4d South Oxford ST.. Brooklyn.
at O'Clock, Intermont at Bridgeport. Conn.
MORLEY.-On Thursday. July 10. 1899, Charles
4. Morley, in the 5sth year OF his age.
Funeral services at his late residence. 80 HAlsead
st. East Orange, n. j., Saturday. July Is. at 10
A. NJ. Intcrment private.
NASH On July IL. Fanny L, Goebel. wife OF
Olin Nash Of Lee. Mass
Funeral from residence OF her sister. Mrs. Nich.
olson. 6s5 East 1924 ST., Saturday evening. July
49, at o'clock, Bridgeport papers please copy.
PETERS. - On Thursday. July IL. 1892. at
Marketable, Litchheld county. Conn. Bernard
Peters of Brooklyn. NY.
Funeral services at All Souls Church South 9th
st, on Saturday. July 10. at & =. NJ. Interment
at convenience of family. Please omit flowers.
SMlTH.-on Wednesday. July IL, at the residence
OF his sister. Mrs. J. NJ Lander, 229 East 18th
ST. Frank b Smith
Services Friday evening. o'clock. Intcrment pri-
yate. Saturday A. NJ, at 1870. Woodlawn.
CYPRESS HILLS CEMETERY.
once, Madison RV., corner S3d at, N. Y.
The sun. [volume] (New York [N.Y.]) 1833-1916, 1899-07-14
NEW PALM GARDEN ON BROADWAY.

To BE Constructed by tho Aator Estate for
the Stanley Brothers.
The William Astor estate filed plans with
the Building Department yesterday for extern
sive alterations to the property at 1916 and
1478 Broadway. on Long Acre square, and
leased it to STANLEY Brothers, restaurant keep
ers. The alterations. which will cost S2O.OOo.
will be largely interior. The top. or third,
floor will be made twenty eight feet high and
will be converted into palm garden. in the
centre Of which will be Roman fountain.
three sides OF the room will be divided into
private dining rooms. and a stained glass
built in the centre Of the ceiling. The decora.
lions will be in Roman red. Yale blue and
cream. HammerStein and Denvelle are the
architects and designers.
The sun. [volume] (New York [N.Y.]) 1833-1916, 1899-07-14
Aoents atunted- atlales.

n IuE SATURDAY EVENING POST. established
by BENJAMIN Franklin IN l12S-now published by
The Curtis Publishing Company, proprIetorr OF THE
LADIES HOME JOURNAL, Is offered tu subscribers
for one year only for sl.uO-the regular price 10
$3.50. This offer is for tho purpose Ut quick in
PRODUCTION and will he Withdrawn September / st
The regular price of $50 will Ice maintained after
that date. We will give good commission for
every subscriber secured and distribute $4,000 Sep.
TENDER list among the r7h bcstagents $500 will he
given 10 the person sending the largest number ot
subscribers at $500 each per year AT this special
low subs ript price thousands can be easily Sc
cured Address THE CURTIS PUBLISHING COM
PAEY, Philadelphia, Pa
The sun. [volume] (New York [N.Y.]) 1833-1916, 1899-07-14
July ls.

Arrived-THURsDAI July IL.
SIS Germanic. Haddock Liverpool July and
Queenstown 1tl.
81 Pennsylvania spledt. Hamburg July and
BOulOgne Sd.
S. Europe. Tubb, London.
"a RObinh. Lash, Palermo.
So Silvia. clark. Halifax.
So Evelyn Parse. San Juan.
SIS Tinmo Nilsen, Barhanos.
SIS Agnes. Alvorsen. San D)minGo.
SIS Jefferson. Hulpher1 Norfolk.
Ss Tallahassee. Askins Savannah.
So Gate CITY, GoUgins. Boston.
Ss n. VI. whitney. Hallett, Boston.
SIS Allen JOY. Smith, Boston.
shin Abner Coburn. Butmau. Manila.
Bark Chas. r. Ward. Coombs, Trin.d dad.
Bark Alert. Rice. Buenos Ayres.
For later arrivals SEQ First PaEsl
The sun. [volume] (New York [N.Y.]) 1833-1916, 1899-07-14
CoPPERHEAD BITES BAREFOOT BOZ
Prompt Treatment by n NeiRhbor May Save
the Child's Life.

SHAMoKIN. Pa. July 13.-George Korna. 4
years old. living at Continental, while in the
woods near his home gathering huckleberries
last evening trod on copperhead snake. He
was in his bare feet. and the reptile sank its
fangs into his left instcp. He ran home as fast
as he could. aud his mother sent for doctor.
Before the physician arrived several neigh
bors ran to the house. and one of them sucked
the wound. after which strong pouticcs were
applied Although the child is in q dangerous
condition It is thought he will recover.
The sun. [volume] (New York [N.Y.]) 1833-1916, 1899-07-14
Mckinley and Cleveland Expected.

WINoNA LAKE. Ind, July l3,-President Nc
Kinley is expected to attend the Bible Confer
ence to be held at the Assembly grounds Aug
20, and eX-Prestdent Cleveland IL expected
here the same day.
The sun. [volume] (New York [N.Y.]) 1833-1916, 1899-07-14
New Bishop of Boise.

NORFOLK. Va. July l3,-The Rev James
Bowen Funston was consecrated Bishop OF
Boise. Idaho, to-day The ceremony took place
az Trinity Church, Portsmouth. OF which Mr.
Funsten was formerly rector.
The sun. [volume] (New York [N.Y.]) 1833-1916, 1899-07-14
CARELESS DoORMAy TO BE TRIED
Some One Higher Up to 10 Punished for
Shnrpe's Negligence?

Shnrpe's Negligence?
The Committee on Rules and Discipline OF
the Police Board concluded yesterday its hear
ing in the cases OF Doormcn Sharpe and Car
roll. respectively Of the West Forty seventh
street and the Fast 10th street stations. whose
prisoners walked away from them without
mentioning the fact at tho desk. Charges will
he preferred against, the two doormen when
board, and they will be put on trial on Monday
There was IA persistent rumor at Hcahuuar-
ters Yesterday that some one higher in au-
thority than Doorman Sharpe would tie made
to suffer for the ludIcrous exhibit of incapacity
in West Forty-seyenth street. hut who II was
no one knew. The Commissioners would say
nothing.