davidaulloa/AmericanStories huggingface dataset:
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1899-12-10
WANTS HIS LIBRARY.
E. B. Jones Sues Howells and West
to Recover Books.

Elmer B. Jones has entered suit
against Sheriff Howells and B. E.
West, constable of Salt Lake City and
county, to recover his law library val
ued at $500 and further for the sum
of $3.50 damages on account of the de-
tention of the same.
The complaint, which was filed in the
district court yesterday, sets forth that
on Dec. 1, the defendants, without the
consent of the plaintiff, took possess
sion of the latter's law books and office
furniture, and that they still willfully
withhold the property from the pos
session of the plaintiff to his damage
in the sum of $3.50. 2laintiff further
sues for the recovery of the possession
of the goods, or in lieu of the same the
sum of $500.
The above suit is the outcome of an
attachment made a few days ago by
the sheriff's office on account of judg-
ment in favor of the Utah National
bank upon a promissory note.
Mr.. Jones, who is at present residing
in Nebraska, is said to have voted in
that state on the last election, hence
losing Utah as his place of residence.
consequently under the state law his
private library is not exempt from at
tachment.
Attorney r. B. Sheppard is looking
after the interests of Mr.. Zones.
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1899-12-10
LOWER COURT Is REVERSED
SUIT OF NELLIE S. B. SMITH VS..
SCHWARTZ EFT AL.
Action Brought to Quiet the Title
to Tract of Wild Land In the
Country.

Two liens at the same time on the
same thing for the same sum, due on
the same cause of action, would be a
strange anomaly" says an opinion
handed down yesterday by the supreme
court in the case of Nellie S. 3. Smith,
appellant, VS.. NJ. Schwartz and Leo
Alexander, respondents, reversing the
decision of the lower court.
This was an action, in the first place
brought by the plaintiff Smith against
the defendants Schwartz and Alexan-
I der to quiet the title to the southeast
! quarter of the southeast quarter of
section 20, township 2 south, range 1
east, Salt Lake meridian-an unenclos-
ed tract of wild land. In 1890 one Rob-
ert Gardiner became seized in fee of
the premises in question. Two years Ia
ter Gardiner secured the loan of $500
on the property upon his promissory
note to plaintiff.
Plaintiff. after paying off all liens on
the property, supposed, until 1895, that
there were no other liens on it. In the
meantime the property had been sold
in accordance with the late provisions
of the deed in trust executed by Gardi-
ner- In the meantime defendant
Schwartz had an execution issued on
judgment against Gardiner for S2l1.S7,
and the property was duly advertised
sued which remained in force until 1897,
when it was dissolved and the suit dis
missed. Ultimately defendant Schwartz
became the purchaser of the property
at a sheriff's sale upon a new judg-
ment, and executed a warranty deed
to defendant Alexander to the prop
erty in question.
Nellie S. B. Smith took possession of
the premises under her deed from the
trustee Aug. Is, 1894, remaining in
possession up to the time of trial. At
the trial the court found in favor of the
defendants, and entered a decree that
the plaintiff was without title to the
premises; that her only claim to the
premises was under the trust deed of
December, 1892, and that her rights
were Invested and foreclosed by this
Alexander. with costs. This decree was
appealed from by plaintiff.
The opinion handed down yesterday
states: Respondents counsel contend
that the levy. on Dec. 5, 1895, of the
execution issued on Schwartz's judg-
ment, created lien on said real estate,
which was independent of and supple
mentary. to the judgment lien, and
which continued after the expiration of
the judgment lien and until the day of
sale on the oath day of June, 1897.
This case having heretofore been
argued and submitted and the court
being sufficiently advised thereon, it is
now ordered and adjudged that the de-
cree of the court below be set aside and
the case remanded. with directions to
enter. a decree puietjne the title of ap-
pellant. as prayed for in her complaint,
and that the respondent pay the costs,
Justice Baslkn delivered the opinion
of the court, which was concurred in
by Justice Miner, Chief Justice Bartch
dissenting
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1899-12-10
OFFICIALS ARE PLEASED.
Granting of Request For an Open
Door In China.

Washington. Dec. 9.-The various
publications coming from European
sources touching the decision of the
powers to meet the United States re-
quest for formal written undertaking
to maintain the open door" in China
are giving satisfaction to the officials
here as indicating the success of this
important diplomatic negotiation. How
ever, it may be stated the responses of
the European governments have not
yet reached the state department.
1t is realized thoroughly that in a
matter OF this importance the negotia-
ton must be conducted with the great
est circumspection and deliberation.
Hence IT is no matter for surprise that
the responses have not yet been real
lied. 1t is hoped the final success of
the negotiations can be communicated
10 congress in special message from
the president accompanied by an ex
planatory statement from Secretary
Hay, soon after the holidays.
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1899-12-10
SUIT FOR DIVORCE.
Mrs. C. E. Lyons Asks Legal
Separation.

Clarissa E. Symes entered a com
plant at the district court yesterday
against her husband, George R. Symes,
whom she alleges has deserted her.
Plaintiff prays judgment that the
bonds of matrimony between herself
and husband be dissolved and that she
be awarded the custody of her 5-year-
old child, Clorene Symes-further, that
restraining order be issued to prevent
her husband from collecting moneys
due him from the Apex Mining con-
pany and that defendant be required
TO pay the expenses of the action and
such further sum for alimony as the
court may deem just.
The couple were married at Franklin
ONEIDA county, Idaho, on April 6, 1888
The defendant, George r. Symes is a
miner by occupation. at present in the
employ of the Apex Mining company
of Park City, Utah.
Attorney ]. R. Bowdle represents
Mrs. Symes
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1899-12-10
Taylor Formally Declared Governor
elect of Kentucky.
CONTEST IS DOUBTFUL
G0EBEL WILL PROBABLY AC.
CEPT THE DECISION.
Democratic Commissioners Say the
Showing Made By the Republican
Candidate Was Too Overwhelm-
ing and As Honest Men They
Gould But Declare Him Elected.

Frankfort, KY, Dec. 9.-At GAS this
morning the election certificate of Will
liam S. Taylor was signed by the elec-
ton commissioners, and he was declar-
ed to be governor-elect of Kentucky
The official figures of the vote fled with
the secretary of state are:
Taylor, 1873, ia.
Goebel, 1881.
Taylor's plurality, 1888
The operation, which ended for the
time being, at least, the bitterly fought
gubernatorial contest, was conducted in
the simplest manner. The majority
opinion of Commissioners Pryor and
Ellis and the minority opinion of Com
missioner Poyntz. which were published
this morning, We're not read, as was
the original intention. The three COM
missioners walked first to the office of
the clerk of the state supreme court.
where they filed two opinions.
They then passed into the office of
the secretary of state. Clerk Chenault
of the board of commissioners read the
figures showing that the Republican
candidates for the state ticket had re-
ceived the largest number of votes, and
then certificates of election were signed
at once, that of Taylor being first on
the list.
There were only fourteen people in
the room at the time, and of this num-
Der only two We're there as spectators.
There was no crowd around the build
ing and no interest was manifested in
the work save by those engaged in it
and those who stood looking ON.
Commissioners Tired Out.
The three commissioners were all ap-
parently in good humor, although Com
missioners Ellis and Pryor. who had
done the most work in preparing the
long and elaborate opinion, looked worn
and tired. The certificates, as soon
as signed. were filed with the secretary
of state and commissions will be issued
to the elected men at once by Governor
Bradley.
Late last night, when the decision
had gone forth to the public, Commits
sioner Ellis, upon whose shoulders the
greatest part of the work of preparing
the opinion had fallen, discussed the
matter freely
This has been hard thing for me-"
he said. his eyes infiamed by loss of
sleep. and the heavy lines in his face
bearing eloquent witness to the truth of
the statement. 1T has been a hard
thing for all of US. / wish, however,
that all of the people of the country
should know how nobly Judge Pryor
has acted in this matter, and how con-
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1899-12-10

Angus NJ. Cannon, president of the
Salt Lake stake of Zion, and coun-
selors presided at the quarterly con-
bly, hall at 10 o'clock yesterday MORN
ing. The services We're opened with
singing by the choir, followed by prayer
by Elder George b. Wallace.
The stake roll was called and re-
sponded to by four nigh counselors.
three patrisrchs. Elder George b.
Wallace president of the high priests
quorum, four presidents of the seventy
quorums and eleven home missionaries
All the wards OF the stake were repre-
scented except the Ninth, Twelfth and
Thirteenth of this city, and Bluff Dale,
East Jordan, Granger, Sugar House
and Bingham of the country.
Organizations Represented.
The relief societies, Sunday schools,
Young Mems, Young Ladies, primary
and the kindergarten schools were rep
resented by the stake officers of the or
CARNATIONS. The kindergarten schools
were announced to be in very salts
factory condition, as was the Latter
day Saints college.
President Angus NJ. Cannon announc-
ed the death of Apostle Franklin ID.
Richards, and eulogized his services IN
the cause of the church work Fresi-
dent Cannon spoke about the proposal
to divide the Salt Lake stake, and de-
sired TO hear as many expressions OF
opinion on the subject from the blsh-
ops as the limited time would permit
Responses were made by Willard P.
Ennis of Draper, Orrin p Miller OF
Riverton. Joseph S. Rawlins of South
Cottonwood, James Jensen OF SANDY,
William A Bills of South Jordan,
James E. Hamilton of Mill Greek,
James P Jensen of Crescent, David 3.
Brinton of Big Cottonwood, Hyrum L.
Spencer of Pleasant Green and Cnris-
TOPPER E. Layton of the Hunter ward,
who concurred in stating that they
would abide by the decision of the pres
idents of the church in the matter OF
dividing the etake.
The benediction was pronounced by
Elder John Nicholson, and the confer
ence was adjourned until p. IN.
Afternoon Meeting.
The afternoon services were presided
owe, by. Angus NJ. Cannon, and were
opened with prayer by Elder Jones, and
singing by the choir. Expressions OF
opinion in regard to the segrega ton OF
the stake were given by Bishops john
F. Crane of Hartman, Daniel McRae
of Granger, James Jensen OF Forest
Dale Henry F. Burton of Farmers
T,o,Iis M. Cannon of Cannon ward, He
Der Bennion of North Jordan and
Thomas H. Wake, president of the
Eighteenth quorum of elders.
Each cited statistics and showed their
respectiye wards to be in excellent
temporal and spiritual condition. They
all regarded the division of the stake
of Zion as a wise move, and expressed
themselves as willing to acquiesce IN
whatever the authorities thought best
for the interests of the church.
Elders Dennis H. Harris and Richard
r. Lyman, and Apostles Anton h
Lund and John Henry smith also hlaoe
brief addresses.
The conference adjourned at 4 p. m,
and will meet again at 10 O'Clock TINS
morning at the Assembly hall. Another
session will begin at O'Clock TINS after
noon. ~
A conference will be held by the
members of the Mutual Improvement
society at o'clock this evening.
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1899-12-10
MUCH ADO OVER LITTLE.
Guardianship of Clara Rasmussen In
Controversy.

Yesterday was the time fixed in Judge
Hiles' court for hearing the petition of
Martin E. Anderson, the stonecutter,
for the discharge of the guardian of
his 9-year-old step-daughter, Clara
Pauline Rasmussen, but an objection
was raised to the court granting the
petition and the matter was transferred
ito the trial calendar.
From the objections filed by Attorney
D. c. Eichnor on behalf of the ward
and the guardian, Erastus NJ. Hansen,
it appears that the child's mother. Pc
trea Anderson. is subject to spells of
insanity, and that the child is better
cared for by the guardian than the
step father. The only property be-
longing to the ward is a bequest of
$50 from Sweden, which sum, however,
has not been received.
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1899-12-10
RAFTER'S PAY STOPPED.
Investigation Into the Case of the
Troopship Tartar.

Washington, Dec. 9.-One of the re-
suits Of the Investigations made in the
case of the troop ship Tartar is the
stoppage of the pay of Major John A.
Rafter. surgeon of the Twentieth Kan
sas volunteers. This action was taken
al the request of General Shafter and
was seconded by Secretary Root.
General Shafter, who has direction
of the inquiry. suggested that the pay
in Surgeon Rafter's case be suspended
until certain accounts of the provision
ing of sick soldiers on the transport are
settled.
In a protest which Major Rafter has
filed with the war department he rep
resents that he is not responsible for
the conditions which prevailed on the
Tartar.
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1899-12-10
LIVED ON SEA GULLS.
Crew of Schooner Runs Short On Pro-
visions On Pacific Ocean.

San Francisco. Dec. 9.-The schooner
Wing and Wing Long, overdue from
Gray's Harbor. reached port today af-
ter a stormy passage. She left Gray's
Harbor thirty-four days ago with a
cargo of lumber and experienced the
same weather which delayed the other
vessels of the overdue fleet.
When fifteen days out provisions ran
short, and Captain Olson and his men
were obliged to live on sea gulls for a
period of five days. Last week the
steamer Robert Adamsen spoke the
Wing and Wing and supplied her with
provisions.
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1899-12-10
Petersburg as nuncio created delight
among the Roman Catholics of Poland.
Ministries Turned Out.

The most interesting news comes
from Australia, where, within ten days,
five ministries have been turned out.
The defeats appear to have been caus-
ed mainly by personal reasons, but it is
believed the upheavals indicate the re-
construction of the old party lines. con-
sequent upon the approach of fedora
ton.
The newspapers of Finland have 6uf-
fered so heavily, financially owing to
the censorship and suppression. that a
concern has been formed. entitled the
Finland Newspaper Press Censor In
surance company" 1t guarantees an
indemnity not exceeding so per cent of
the loss of gross income incurred by
suspension. The fee charged by the
novel concern is per cent of the gross
income
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1899-12-10
Partition News In Samoa

Berlin, Dec. 9.-Dispatches received
here today from Ar a. Samoa. under
date of Nov. q. say that the news of
the final settlement of the Samoan
question has been hailed with keen
satisfaction by the German residents
and a large majority of the Samoans.
The dispatches add that Maljetoa Tan
us people are depressed over the mat
ter and that majority of the English
residents begrudge Germany her sue
cess.
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1899-12-10
Arizona wants Statehood.

Chicago. Dec. "a special to the
says: An enthusiastic mass meeting
was held here today to start a move
ment to secure statehood at the present
session of congress Prominent men
from all parts of Arizona were in at
tendance and took part. Governor
Murphy was elected chairman of
committee of thirty which will go to
Washington early in January to advo-
cate statehood
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1899-12-10
Goebel Accepts Decision.

Hot Springs, Ark, Dec. "a w.
Young, chairman of the state Demo
cratic committee of Kentucky, who
was Goebel's chief lieutenant in the
gubernatorial campaign, is here for a
rest from the arduous duties of the last
two months. He said that the decision
of the commission will end the matter
for the .present and that Mr.. Goebel
would 4 make q fight.
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1899-12-10
SECRETARY IS FIRM.
Will Permit No Sheep Grazing On
Forest Reservations.
peciai to The Herald)

N-1E1cNs't' = nc
Washington. Dec. 9.-Senator Warren
and Representative Mondell of Wyom-
ing called on the secretary of the in
terror today to see if he would permit
sheep grazing on forest reservations
The secretary was. however, firm TO
the gentlemen in maintaining his for
mer position ia not allowing grazing,
and suggested that the relief could only
be had through congressional action.
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1899-12-10
VICTORY FOR MRS. HoGLE.
Owen Hogle Must Pay Temporary
Alimony and Suit Money.

In the suit for separate maintenance
institutea,sby Jessie L. Hogle against
Owen Hogle, Judge Hiles yesterday
granted plaintiff temporary alimony in
the sum of $50 month pending final
adjudication of the case. and $3.50 coun-
sci fees. The decision also stated that
suit money would be fixed hereafter
according to the reasonable necessi-
ties of the case. Mrs. Hogle prayed
for 5000 monthly temporary alimony.
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1899-12-10
Brumby Has Typhoid Fever.

Washington. Dec. 9.-Dr. P. NJ. Rixey,
the physician attending Captain Wood
and Lieutenant Brumby. reports the
condition of both officers to be as fav-
orable as can be expected at the pres
ent stage of typhoid fever.
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1899-12-10
NELSON WANTS $500.
Sues James Chapman On a Stock
Transaction.

Transaction.
]. P. Nelson filed suit in the district
court yesterday through his attorneys,
Twomey & Twomey, against James
Chapman, to recover the sum of 81, 500.
The complaint sets forth that on or
about Jan. 26, the defendant agreed to
sell 100000 shares of the York Mining
company for 16 cents per share: and
further agreed to pay the plaintiff IL
cents per share commission for nego-
tiating the sale. In due course the
sale was contaminated by the plaintiff,
whereupon the defendant failed to pay
the stipulated commission, which
reached the amount sued for
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1899-12-10
Sick Headaches.

the curse of overworked womankind
are quickly and surely cured by Karls
Clover Root Tea, the great blood puri-
fer and tissue builder Money refund
cd II not satisfactory. Price, Is cts. and
so cts. For sale at 2. c. NJ. 1. Drug
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1899-12-10
Cold Wave Coming.

Warm, seasonable and reliable furs
make most appropriate and acceptable
presents.
MEHEsY. the Furrier. Knutsford
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1899-12-10
The Acme of Egotism.

Warwick-What a narrow-minded per-
son Wrinkle is.
Wickwire-Yes; he's one OF these fell
lows who think the whole world is warm
when they get their winter fiannels on.
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1899-12-10
Prompt Service.

prompt SerVIce.
Best work on Shirts, Collars. Cuffs,
Flanneis. Blankets and Lace Curtains.
TROY STEAM LAUNDRY,
166 Main Street.
Telephone 1872.
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1899-12-10
Visit

cut flower department, now fully pre-
pared to supply all wants for Christ
mas decorations or fresh flowers.
WALKERS STORE.
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1899-12-10
STAK[CONF FERENCE ON
The Quarterly Session Was Begun
Yesterday.
MANY BISHOPS PRESENT
CHURCH AFFAIRS IN PROSPER
GUS SHAPE.

Ecclesiastical Officers Make Reports
of Conditions In Territory Under
Their Immediate Jurisdiction
Talk of Dividing the Stake-Three
Sessions to Be Held Today.
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1899-12-10
Overcoats

That fit right. being tailor cut, best
cloths, stylish garments.
BROWN, TERRY & WOODRUFF co.
166 Main Street.
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1899-12-10
Colored Shirts.

Col0red Shirts.
The Manhattan make, celebrated for
fit and cloths
BROWN. TERRY & WOODRUFF co.
166 Main Street
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1899-12-10
Marriage Licenses.

Permits to wed were issued IaSt Wteh
as follows by the county clerk OF SAT-
Lake county: -
Charles B. Crowther. Salt Lake City .
Susie Lester, Salt Lake City. y
Arthur c. Prior. Mercur -.--.---.-.-----.-z9
Minnie A. Smith. Dayton. Wash.-..-..2 a
Jacob Bar. Salt Lake City. .-..----.---23
Annie Hirscili. Salt Lake City ...-.-. =
Joseph W. Goddard. Salt Lake City - u
Olive NJ. Anderson. Salt Lake City,. 10
James w. Duffin, Paris Ida. ..-..--.--.- .
Lila May Rich. Paris, Ida ---.-.-.-.2l
Lyman G. Weed. Denver. .--.--...-.---.-Z =
Edna Steele. Salt Lake City-.-----.----2t
Henry NJ SaVilIe. Mill Creek 70
Alice Jensen. Mill Creek. .............2 q
David p Williams. Aiill Creek-.-.........23
Iettie NJ. Miller. Mill Creek ..-.--..----B
William II. Taylor. Salt Lake City: y
Emily T. Donoghue Salt Lake City. -26
Thomas ]. Evans. Hunter ...--...-...-26
Maud Wolstenholme, Pleasant Green q
Peter Rasmussen. Chesterfield. Ida .
Christina Keller. Mink Creek, Ida. 2
Lauritz Bostrom. Salt Lake City, -
Johanne Tharaldsen. Salt Lake City. q
JenS Hansen. Mil Creek ...-...-...---.--.2i
Mary Riches. Mill Creek %
Francis j. Leunberg. Union -..--....--..--ZI
Mildred O. BoEgess. Union ....-..-----..22
John l.. Burch Salt Lake City...........41
Havy Fisher. Bellevue. Ida -:.....2i
Edward Pitches. Durham. Eng.......-..26
Minnie Ingleby. GrantsviAe. .2l
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1899-12-10
Sale. Salei Salsi
All grades fur collarettes at bargain
prices for this week. Investigate.
MEHESY, the Furrier. Knutsford.'
Distribution of Seeds.

Washington, Dec. 9.-Tne department
of agriculture viii begin its distribution
of seeds little earlier this year than
last, shipping them south the beginning
of January, and perhaps sending a few
before the first. This year the seeds
for distribution to all parts of the coun-
try will consist of 13,0O0,O0O packets of
vegetable seeds, 1.5sS 800 of flower seeds
besides field and lawn grass seeds
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1899-12-10

Not thing: am not talking"
when will you make contest?"
IT have not decided yet and I of
course cannot discuss it when / do not
know it myself"
The defeated candidate was game to
the last. and If there was any Ill hu-
NOR in him. nobody knew 1t but him.
self
Mr. Taylor was modest and reticent
as usual.
Il expected it, OF course" he said, IT
knew that if the commissioners went
by the law and the evidence. they
could do nothing else than decide the
way they have done"
Commissioner Poyntz declined to sign
the Republican certificates of election,
saying that he stood by the opinion
he had rendered, and could not con-
sistently do so. He consented to sign
the certificates of the railroad commits
SionerS, however.
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1899-12-10
Unlucky In Love.
cpbilndelnb;a R,,l,etin

Harry-So you got the mitters twice?
Roland-Yes, but they were not a
match
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1899-12-10

Eureka, Utah.
DEAR DOCTORS: / have taken
your Hudyan and am p eased 10 say
that ii worked admirably in my
case. The nervousness has passed
away; l can now sleep fine: my
appetite is splendid. and have
gained in weight and strength. My
friends all speak of how well I am
looking. / feel Ike new man all
over. and you may rest assured
shall always indorse your Hudyan.
THOS. NORTON.