davidaulloa/AmericanStories huggingface dataset:
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1899-09-11
TIE F[RE RECORD.

New-IIavon. Conn. Sept. l0The four story
brick building in Crown-st occupied by s II.
Street e. CO.. manufacturers ot food products. and
& " Foster. corset manufacturer WAS completely
burned out shortly before O'Clock this morning.
The loss will be about 81 30, insured
Detroit Sept l0.--A Free Press" dispatch from
ST Joseph Mich says that fire last night de-
stroyed the plant OF the Truscott Boat Company.
The loss on building and machinery is 5000 The
nIant was insured for 5000. Boats manufactured
by this company have been shipped 70 all parts Of
the world.
PHILADELPHIA Sept. 1O.-Beardsley. Murphy &
cos Lucent oil plant at Gibson Point. on the
schuvlkill River was damaged by fire last night 10
the extent OF about 900 Six OF the fifteen tanks
were destroyed and the main building was de-
nnolished John Baney the night Waterman was
seriously burned. The fire was caused by an ex-
plosion Of gasolene. The loss is party covered ~
Insurance
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1899-09-11
FOR ELECTION FRAUDS N KEyTUcKf
p,,xs OF corpEL AND HIS sUPFoRTERs-How
THEY MEAN TO CHEAT REPUBLICANS

PLANS OF GoEBEL AND HIS sUPPoRTER7-Ho"
THEY MEAN TO CHEAT REPUBLICANS.
Lexington KY Sept 10 (speciaD.-lne pans Tor
robbIng the voters Of Kentucky at the coming No.
vcmber election by the Goebei men nave "s'" '''
fected and they embrace every known FORM OF
fraud that can be put into service under the Aus
tralian ballot system and the Goehel Election Jaw
All the details have been worked OUT ou' ~ 'no
kecnness OF an anti-Goebel Democrat they haVe
been discovered and were to-day made puoAc mere
In brief the scheme is this:
interruptions election officers for the GoToeh,es;
nero and other ignorant officers for the kepuDA
cans: Irregularities in Republican precincts by ne
Coebe officers which will axe II necessary lor
,be county election commissioners 10 throw out
sn,h precincts thus disfrar chising entire coun
,ies: the C;oebel men 10 take possession OF mo
nolls as soon as they open and not 70 reAnqlsh
control until all their men nave voted; Republicans
will be regularly challenged. In order 70 delay the
voting and make as many Republicans as pos
sibie lose their votes: ba lots will be mu'ated so
they will have 10 be thrown out; there Will be re-
neating stufing Of ballot boxes and shifting OF
ballots whereby previously prepared Gochel ballots
will be made take the place OF Republican and
Brown ballots az cast.
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1899-09-11
And .r.cInc charges in writing are pre-

sworn. And specific charges in In writing are pre-
senfed against and answered by me accused, thus
forming definite issue Of fact to he determined
dyycteS nv counsel on the respective sides. each
witness being examined by the slle introducing
him and cross-examined by the opposite side. At
The close ~ the Introduction OF evidence counsel
an both sides argue the case and then the MEM
bers of the court marital proper mot including tho
nudge ADVOCATED Withdraw 10 consult IN private
10 their findings and sentence Mnen these are
made they are recorded. as is every otner move
made or thing done IN the trial including all evil
dence and argument or counsel ,,-,,.. o.,
.'Then tho record is sent to the Presihent tor In
case an officer Of the army cOnVene1 NE court
martial 10 HIM. be affirmed or SCI asl'c The
officer thus acting the record always nrst refers
II 10 his legal adviser In such matters ior review
and recommendation. The legal adviser thus acting
for the President IS tho Judge Advocate General OF
the army and the one for the army ofncer ~ ne
Judge Advocate on his staff. and not inc judge
Advocate Of the court martial And even after this
report is made by the law officer m" counsel for
accused may submit 10 the reviewing authority Do
fore the final action Is taken arguments; amHat.ts
etc TO show that the trial was irregular or that
evidence improperly introduced or mar ne
evidence az whole Insufficient, etc Ana after
tho 6nai action Is taken the record H. examine ~
an expert. pursuant to q statute ana u II - mus
found 70 be fatally detective the sentence = set
aside and held to be void.
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1899-09-11
UNREST IN TIE TRANSVAAL.
PREPARATIONS FOR WAR CONTINUE
SIR REDVERS BTLLERS DE
PARTTRE

London. Sept. lit is understood that Cen
eral Sir Redvers Butler will start for Cape
Town next Saturday. The Indian authorities
are chartering steamers to transport troops TO
South Africa as rapidly as possible.
Although the aspect of affairs is more peace
able the special dispatches from Johannesburg
report the greatest anxiety there. Fifteen hun
dred people left town on Saturday and 1t Is
proposed - transfer the business of the STOCK
Exchange 10 cape Town. The johannesburg
Town Council IS appealing to the Government
for power to start relief works to meet the ex-
ccptional distress.
A dispatch from Bloemfontein reports the dis
tribution Of arms and a considerable exodus to
Cane Colony According TO this correspondent
the Beers are massng on the frontiers. and
there is no abatement of war preparations in the
TraneNaal
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1899-09-11
SOCIETY At NEWPORT.

A DINNER GIVEN by SENATOR DErEw IN HONOR
or MISS GRANT AND PRINCE cANIAc'ZENE'
Xovnort r. L. sept. 10 tspeciaD.-This evening
the last Sunday night concert at the Casino for the
nresent season was given by Mullays Orchestra
ending very successful season. As usual there
were a large number Of dinners during the evening
IN fh. erUlrooms chief of which was that given
h- senator Deper- IN honor OF Miss Grant ana
primo. Cautacuz-ue. Mr.. Dcpew's guests were Sen
lar and Mrs George Peabody Wetmore ana Miss
1Tcfnor, Sir and Mrs. Henry Clews. Lady Bache
Crnard Mr. a Ie Roy Emmett. Mrs Williams
NJ pauding Miss Post. Baron Herman, or the
GERMAN Embassy. George Griswold n, II. MlnotL
B.rinaid Tower charge dAnaires OF the British
i,,5bassy and Chauucey VI Depew, Jr
Another cottas" rental for the season OF - 'uyy
e.rnnl is announced william VI. kingsland, or
Neo.-Yorx having taken Pinard cottage NO s.
which lie has occupied during the present summer
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1899-09-11
BrrGLAR SHOOTS FROM HIS BIcTcLE

HE IS FATALLY WOUNDED By POLICE OFFICERS.
WHOM HE WOUNDS.
columbus Ohio. Sept. l0-A desperate tight took
Mace this afternoon between Charles Dumont an
ex-convct. and detective named Ape hleemah
va, ,-oo,,o CASTOR. n patrolman with the result
.t. all three were wounded. DumOnt fatally.
Dnmonr was wanted Tor burglary and the officers
n.nr~ vaitiug Tor him III Hairison-ave., when he
I'm. along on a bicycle The officers called on
him 10 sop but he pcdallcd on, al the same time
dr,Ning "A revolver and shooting over his shoulder
-, his uursilerS. CASTOR got bullet IN MS mead
and another in the arm. Dumont lost MS balance
end feU from his wheel. but quickly sought refuge
bnSind n telegraph pole and continued the hSht
v,ith Kleeman. Dumont received three wounds IN
w., t',i, one OF which, near the heart. Will prove
fafal Klecman has a serious flesh wound In the
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1899-09-11
TRAIN ROBBERS IN ARIZONA.

YIELD Up EXPRESS TRAIN AND GOT $4,000 WITH
OFT FIRING A SHOT.
cachiz Ariz Sept 10 (speciaD.-Four armed men
held no the midnight train on the Southern Pacific
road last night and robbed the express car without
firing Il shot 1t is estimated that they got $1,000
The men had been loatng about mere Tor some
time. pretending to be farm hands
~ a little before II O'Clock last night they went
into the station where the lonely agent was nj the
wire. and held him up. TWO covered him with re-
,o1yers while the others rncd the safe Of few
dollars and some stamps. The train was due at Il
o..i,rk When II came UP they boarded II and
0i,nh,red over the tender. The train slowed up
~, fhfir order and the messenger opened the
49, ~ his ear be was covered and taken out
conductors and brakemen were also covered Then
,he Engineer was compelled To cut out the mall
.-,l EXPRESS cars and take them ahead. mile
from mere dynamite applied and the safe blown
t,,,, L.. fhr,. explosions The money packages and
s,,.yrral sacks Of mail were then placed on the
h4cks of horses In readiness there, and the four
mn rode Of. The trainmen were completely cowea
and made uO nght.
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1899-09-11
THE CLAIMS NOT LEGAL.

In conclusion. therefore, as read the law. # is
my duty as Controller to examine and audit all
claims against the State.
The fact that the history of the canal improve
ment work is replete with instances Of great Hber-
atty to contractors by officials appointed TO pro-
tect The State and the fact that claims amounting
20 over SODO1D IN addition 10 those included In the
final estimates now Oh hle. await presentation 10
the Court Of Claims for adjudication furnish addi-
tional why this duty Of auditing should be
rieidly performed as to these canal claims.
therefore find In the discharge Of my duty as
auditing officer. and In the exercise Of the dis
erection reposed IN me by law that the following
allowances for extra work done on Contract No 3.
Middle Division, and not assented 20 by the Canal
BOARD are not legal claims against the State under
the provisions OF the canal Improvement laws:
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1899-09-11

Contract 80. :. Of the middle division was TOT
improving the Erie Canal from a point lVV Ieet
west Of centre Of Peru Bridge. to loO feet west
Of Lower Hollow Quoin Of Lock NO d. as
tanco OF 4GS miles. John Dunfee co. we're
also the contractors on this job. their contract
being dated November 10. lS96 me amount
Of the contractors proposal was $i'o-'l4 4o' the
amount of the final estimate, S242'l"" 90 the
amount Of the unpaid balance. S3222o 49, con-
corning this contract Controller Morgan says
For the reasons set forth al length in my memo
randun on Contract No. 2. Middle DIVISION ana on
Contract No .. Middle Division. ] am or the op'n-
ion that the following allowances IN the final est
mate Of Contract 30 3. Middle DIVISION are ho'
legal claims against the state:
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1899-09-11
HIGGINS CARPET FAcroRY Not SOLD.

The ~umor which has been repeatedly circulated
lately 10 the eject that the factory OF the +. :
Higgins CARPET Company. at 80 W9 West Forty
third-st. had been purchased BY Kidder. Peabody
& co. a Boston nrm was last night denied by
William T. Lawson. A member Of the carpet COM
rany who lives AT No l. East SiXty-seventh-st.
There u.s." be said absolutely no truth In the
report II d. without fouisation. II the factory
were sold | would tell you frankly, as have no
cause for eyadlng the question:,
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1899-09-11
CORNER N LONG LEAF PINE TIMBER.
CONTRACTS FOR ALL THE BIG TREES IN SOUTH
CAROLINA

.ot,,,i,a : c. Sept 10 ,SpeciaD.-"Withln the
. ....i,,. months there will be a complete corner
an an long leaf pine climber in South Carolina.
Tina, "a the statement OF mill man. and the rec
rd. in eleven large counties I'm the lower part OF
the State where the hig lumber tracts lie Dear MN
an, AGENTS. for three syndcates have been work
g.. moro for months. one concern contracted lot
a.. -, az, fa.t I'm the month OF July.
,rt ,i,,h.r an The lands Is sold for from % cents
.. e. an arft. The contracts allow the purchasers
sr,r ion 10 nf,cn years 10 remove the timber over
-. inches in diameter from the time they begin
+" Gun They may postpone cutting indennltciy
I'm re mean time the owner contracts 10 pay the
- IT,. cannot clear any OF the land for farm
trs purpose At the expiration OF the ten or M
tom wears allowed to cut. II the purchasers WISH
tir.s 'fcr timber to grow. they can hold the land
ind.Anitey by paying per cent Of the purchase
,,ri.. yearly DEEDS are being recorded al all the
ronrfhous-- in the section named. Lawyers think
endless litigation viii result. The Atlantic Coast
Lumber Company with headquarters Ia Norfolk. Is
one Of the largest purchasers Of timber
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1899-09-11
THE STATES FUNDS PROTECTED.

To hold otherwise would result in the ridiculous
assertion that the State funds are at the mercy
Of every public Official. however limited his powers
and subject to be squandored In any enterprise
which he may see fl to put foot. claiming it to
be for the benefit Of the State even where. by ex-
press statutory law he Is forbidden from engaging
in such undertaking.
The Controller. in paying canal claims. acts un-
der a limited authority. the same az the canal
officials act in doing the work. He has no power
to ADJUST equities; that function belongs to the
jurisdiction OF The courts vested with power 70
hear the evidence OF both sides and to decide the
merits upon legal rules after considering all the
facts His duty IS simply to draw his warrant in
payment Of claims authorized by law
The General Finance law Of 1887 Section T. Sub
divisions 4 and 3. defines. among the duties Of
the Controller, the following
Fourth Examine audit and Nquidate the claims
Of al persons against the State II payment thereof
out OF the treasury is provided for by law.
Fifth Draw warrants the treasury for the
payment Of the moneys directed by law 10 be paid
out - the treasury. but 10 such warrants shall be
drawn unless authorized by law. and every such
warrant shall refer TO the law under which 1t Is
drawn.
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1899-09-11

Aon,ed hv the Canal Board were exhioiteo pun
,,clv "a avery person desiring 10 make propoS"',
mat no alterations should be mace III 'i'e p'a"
the work except with the written cohsen. en- r
proval of the Superintendent OF Puohc WosHs ,ha
the state Engineer. and a copy the'eo' "'eD "
office Of the State Engineer ...,
After making all OF these provisions 'he wa ,
EXPRESSLY prohibited any change IN Inc P'''' 20
work which would increase the expense
"unless a written statement setting loi'" Wv -,
iects OF the change and the expense 'De''O''
submitted to the Canal Board. and their Assem-
thereto { meeting Wheh the "'"
present obtained. ..s
W change in these plans could be legally eheo'eu
CO as to be binding on the State, unless su0n
was made In the manner pointed out N.u $50
authority Of officials vested with the power ~ ''1''
and approve such changes aa which
Wherever any change OF plan was niau7 ~,
,l,o, Tho cost Of the work without the approval
Of the Canal Board. It was not Only eH'0''D
manner unauthorized by statute nut was rans
mated I'm direct violation or the pam anu
provisions OF the statute i'seH- .ho~o
The only question remaining TO be answered. '''''
49, 49, 1-nder what authority did the Super"-
,ona.n, ~ Public Works and tho state Ehs"7e,
a., ,n making agreements for an lncreas'u Cos'
tho work without the assent OF the '"n"' Do"'-'
o,d u,as their agreement or binding force upo" '"'
State? - 49,. oxoirs,ve
,A. ,o o,,rove original plans and "a make suose-
ono,, changes Hereunder is vested in the Canai
hoard 4 careful examination OF the genera OaI"'
law and the canal improvement laws ooes Ho' "''
close any provision which confers upon 'he super
,n,endent OF Public Works and the state Engineer
the power to undertake Improvement "orh except
upon plans approved by the Canal Board
Tho question then 70 be considered is: Does their
,rdcnendent assent 70 an increase in cost or I'M
nrovement work I'm the way described above. create
a legal claim against the State?
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1899-09-11
GOTERNOR AND MISSISSIPPI MOB.
SEEKING TO HAVE IT DIspERsE INSTEAD OF
LYNcHING \ PRISONER

Jackson. Miss. Sept lo-In consequence Of re-
port received here yesterday that mob was
gathering at Brandon and Raleigh 10 lynch white
prisoner. James McAipne. who was 10 nave oeen
-, I'm, .bo prardon iaU To Smith County for
trial on the charge Of murder Governor u, Latren
loft tho city at once. and reached bTanHon tate
last night He left instructions for the Mlsslrslppi
Rifles TO follow him the morning trd!n, 10 escort
The prisoner 70 Smith County. The miuNa vas AZ
10 get aboard when message from me Governor
instructed them TO wait further INSTRUCTIONS,
iator message saws that the Governor started IN a
hurgv this afternoon for smith County, ana u ne
meets with the mob will ondeayor - lnauce mem
70 dfsperse Smith County Is Tho Governors oe
home McApne IS charged win ne muraer -
John Thornton while going nome rom CHURCH
Tho Rifles are awaiting further orders
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1899-09-11

close Of the meeting expressed a belief that Gov
ernor Roosevelt would call an extra session "nel'
he discovered the feelings OF the people on tne
Ramapo water scheme. and that II would De d
lively one.
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1899-09-11
GREAT CARE EXERCISED.

1t Will be seen from this section that great care
was taken IN providing for the manner Of letting
these contracts and In prescribing the powers and
duties OF public officers relative thereto 1t WAS
provided that all the work required by the i'm
proyemens should be- let to the lowest bidder that
none OF the work should be contracted for until the
various quantities were ascertained. and maps.
plans and specifications. corresponding 70 those
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1899-09-11
POWERS OF PUBLIC OFFICERS.

II seems TO be well established principle OF law
thai public officers have no general authority 10
hino the public bodies for which they assume 10
act except so far as they are expressly authorized
by aw TO 90 so. Where they exceed the powers
conferred upon them by statute. their acts are J"
no Cegree binding upon the public
TT roop. in his work on public officers s'a'eS.
When an officer acts beyond his authority no legal
claim is created and State officer is not au'hoi-
tied to audit such claim
Mechem. in his textbook on public oihcers ana
offioes after discussing this principle. conc'ndeS'
1t is a necessary conclusion from the principles
already stated that the public. whether II be 'he
National State or lesser municipal government
can be bound by the acts and contracts or us OIL
GERS and agents only when such officer OF agent
has acted strictly within the scope OF his authority
as created conferred and defined by law ana that
II +. not bound where such officer or agent has
trar scended or exceeded his lawful and legitimate
powers"
This principle has also been upheld by the courts
in long line Of decisions
In the case Of Floyd acceptances G wallace
e6s the Secretary Of War accepted bills or ex-
change in favor Of contractors which came INTO
the hands or bona fde purchasers before maturity.
II was held by the Supreme Court Of the United
States that inasmuch as the Secretary If War had
no authority under the statute to make such ac-
ceptances the Federal Government was not bound
by his action and the holders Of the paper could
not recover Justice Miller stated: I'VE have no
officers I'm this Government. from the President
down 10 the most subordinate agent. who does not
hold office under the Jaw with prescribed duties
and limited authority"
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1899-09-11

These unauthorized extras amounting IN the total
to more than the amount apparently still due on
this contract no more money should be paid
upOn Il.
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1899-09-11
OTHER CLAIMS KILLED.

tract. No more money therefore. should be paid
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1899-09-11
EVERY OFFICERS AUTHORITY LIMITED

The principle thus enunciated by the Supreme
Court Of the United States that every govern
mental official holds office with prescribed duties
and limited authority. has been invariably acceded
10 by the courts Of our State when the question
has arisen In the case Of Dealeld against the
state of Illinois q Hill. l59. Commissioners Of that
State had negotiated its bonds in this state for
less than their par value. with accrued interest.
The bonds had been issued. had been signed by the
Governor and the money paid theron and accepted
by other State officers. Inasmuch as the bonds
were not sold for required by tho statute.
tho whole transaction was declared TO be illegal and
void. In delivering the opinion Of the court Judge
Bronson stated But the difficulty IS that the Gov
ernor was more than an agent for the State,
and he as well his Commissioners. acted under
a limited authority and the same remark IS apph-
cable to the Auditor and other public officers.
/ None Of them had authority TO make such con-
tracts as these were, and II they could not make
! them originally they could not raufy them"
This decision by the highest court Of this State
made the principle above advanced applicable TO so
high officer the Governor of the State. The
same principle has been repeatedly reiterated in
regard 10 minor public officials
In the case OF Parr against the Village Of Green
| bush where A contract not let to the lowest bid
der as required by statute Judge Earl said But the
claim is made that the work and materials were
furnished and the village has received some benefit
! from them II IS under implied obligation 20
| pay what lcy were "Oi'ii' II 'i'iS VIII So INV
law could always be easily eyaded; that 1t is not
| so is no longer open question in this court"
| The decisions of the courts seem to be unanimous
IN declaring that where public officer makes a
contract which he has no authority 10 make, no
| recovery be had upon that contract.
The various changes Of plans which. IN these con-
| tracts increased the expense Of the work and
which were not assented 10 by the Canal Board
were made in express violation Of tho canal i'm
! provement laws and far the State Engineer
| and the Superintendent Of Public Works acted
therein they acted entirely contrary 10 the ex
press limitation Of the statute. and therein had Nc
| power 10 bind the State
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1899-09-11
DIFFERENT FROM FRENCH OR GERMAN.

1T IS idle. however. 20 attempt 10 compare our
court martial system with that ~ either France or
GERMANY our civil system IS. as already stated.
entirely different from theirs and our court martial
system is not less different from their court martial
systems and n is worse than idle TO write OF
trials IN the different systems In such manner
AS 10 leave the inference that there Is as likely 10
bee "A miscarriage ~ justice IN court martial trial
I'm This country AZ I'm France The machinery and
procedure OF the two no more alike than day Ia
ike night. ana il a person who knew only one Of
the systems we're to see trial In progress In the
other hr would not know that II was court
martial trial At all.
The Hood River glacier. (Hood River, Or.) 1889-1933, 1899-05-26
Light Wagon for Sale.

Light spring wagon, suitable for hauling
berries. Price S35. For sale by
m2j II. NJ. HUNT.
The Hood River glacier. (Hood River, Or.) 1889-1933, 1899-05-26
Mount Hood Notes.

L. d. Boyd has begun the building
Of our new school house.
Prof. {. NJ Cisson has moved to Mt
Hood to teach our school.
H. n. Meyers went down to cut
wood for Wond v orth on Monday.
Cur postmaster is raising quite crop
Of whIskers since the wind stopped
blowing
W. $. Gribble got his hand spraned
last Wednesday but is getting along
all right again.
Mrs. Frank Spaulding lectured in
our school house, May 2lst, upon the
customs and habits of Brazil.
]. G. Fischer went to The Dalles on
Monday TO make final proof on his
homestead. His witnesses were ID. r..
Cooper and Robt. Ltasure.
MIR. and Mrs. Henry Tomlinson wish
to extend their heartfelt thanks to their
many friends who showed their kind
ness towards them during their be-
reavenent.
There is some talk of a camp meeting
bping held AT Mount Hood about the
last of June, aud sume of the folks are
going to make some very heavy sacti-
fees iu order to help it along.
You & Me.