The Monte Vista journal., 1900-03-10
DOINGS AT DENVER.
ltsaAs Of latersst From the City s.d the
state Capitol.

It is for jury to decide whether or
not n man when entering dangerous
employment does not accept possible
consequences, and IL not therefore es-
topped from securing damages for
injuries received by an accident In SER
vice. This is the opinion CT the Su
preme Court expressed In Its decision
in the case of Patrick OSullivan
against the Holy Cross Gold Mining 4
Milling Comapny. In the ArapahOe
District Court VSullivan obtained $3,
500 damages for the injuries received
In an accident In the mine. The Holy
Cross company appealed because, 1t as
serted. that O'Sullivan was guilty OF
contrlbutory negligence. The Supreme
Court sept the ease back to the lower
courts, holding that the District judge
was wrong In refusing to charge tho
jury that II should determine whether
the accident was the result OF Il defect
not discoverable by ordinary care. or
whether 1t was due to the negligence.
OF the defendant or whether an en-
ploye did not assume all risk, in enter
ing dangerous employment.
Judge Hallett of the United States
Circuit Court at noon yesterday rem
dercd decision In the case of the Mug
get Mining and Milling Company
against the Doctor and Chief Milling
ana Lcasing Company, in which an
injunction had been asked restraining
the latter company from prosecuting
work on the Elizabeth Cooper vein of
the Nugget company. Judge Hallc,t
held that the United States Court was
without jurisdiction In the matter and
remanded the cas~ to the District
Court of Teller county. In which court
the application for an injunction WAS
originally filed. On Tuesday Judge
Hnllett dissolved the temporary in
junction granted the complainants by
Judge Riner of Cheyenne several
weeks ago. thus the miners OF the Doe
tor company may continue TO work the
rich vein In the Elizabeth Cooper prop
erty pending some action by the lower
court at Cripple Creek. In view Of
the action of Judge Hallett yesterday
that case is in the same condition as II
was when 1t was taken to the United
States Court.
Judge W. II. Osborn OF Loveland
and Mrs. Martha 4 Shute OF Denver.
both claim to bs secretary of the
State Board OF Horticulture. and both
We're NJ the offices of the secretary on
the first. Mrs. Shute retained the
VI utI u'Sh TViuSt'u SUI
render them to Judge Osborn when
asked. but W. $. Osborn. president OF
the board announced that he would
sign the voucher of Judge Osborn for
his salary when the end OF tho month
came. The matter will probably come
before the courts Mt that time unless
before settled. by application to the
courts to compel the president 80 sign
n voucher for the salary OF Mrs. Shute
and to compel the auditor of state TO
honor such u voucher. Until the
court has decided or the members of
the state board have agreed among
| themselves George W. Temple. the
auditor. will. on the advice OF the ut.
torncy general OF the state. pay
neither person. Governor Thomas
remains In the same position he has
assumed during the entire fight He
says the board has full power to carry
on its own business.
A movement IL on foot to establish
the summer headquarters Of the Den.
Yer Coaching Club. an auxiliary Of the
Gen'lemen's Driving Club. ut Perry
Park. The enterprise Is being fostered
10y Colonel ". T.. Hughes. John W.
Springer and other prominent horse
men. and will probably result In III.
~ u Wett-NlulDIhNI
coaching line Ia operate between Den
yer and Colorado Springs. with Perry
I'ark rs the central point between the
two cities. \ number Of acres of
ground and the jacques residence nj
the park have already been purchased
10y Colonel Hughes. and according 10
the plans now under consideration.
thousands of dollars wf1l bc spent at
one" In tsautifying III" park and max
Ing IL an attractive summer residence
for members Of the club and their
guests. The coach line. with relays.
will start regularly every day during
the summer from Denver nnd Colorado
Springs ut o'clock In the morning
With three relays the coaches VIII GOV.
err the distance to Perry Park In three
and onc-hnlf hours. Two hours will be
allowed a, the park for luncheon. aud
" the Passengers then 50 desire they
may continue either To Denver or Colo
rndo Springs, arriving IN either city Ia
time for dinner.
An nhsolui" divorce was granted
Mrs. Frances ~. Woicot, from unite.l
States Senator u. u. Woicott In Judge
Aliens division Of the District Court
Monday afternoon. Although, the action
had been anticipated and all necessary
i~'fu uIVN tUc NJ
torncy.. they wcr" not filcd with III.
clerk of the District Court until Mon.
day. The complaint of Mrs. Wolcoii
sets forth that she married the senator
May ~. 1880 She charges de.crtion
without cause from February ~. 1889.
until the present date. Henry r. hog.
crs was counsel for the plaintiff. After
the complaint had been filed. Joel y.
Vale. for III. defendant. hl.si mn un.
swer denying the charge. There were
three witnesses for the plRintifY. Mrs.
Wolcott and Dr. Mctcalf Of Buffalo.
New York. her brother. testified as 10
the facts of the dc-rrtion. Theodore
Holland, nn attorney. was called ns "a
witness to establish her residence No
evidence was introduced by III. lie.
Tense. In the absence Of Senator VOL.
cofi. his Interests were looked after by
Mr.. Vale. \ verdict WIS returned for
the plainiifT md the decree WAS issued
II provides that Mrs. Woicott shall r..
ceIvc k',ts' year nlimony.
Governor Thomas has given out tn.
full text of the memorial of the Arid
Land :oserhorr, addressed to Con.
\ grc-. II II ns follows: "At 4 confer.
cncc held by III. undersigned In the
city of Washington. on February -
lIsss. to consider the merits of pending
measures for the leasing and r.cia,ua.
tion of the arid land. of tho West hy
the land department of the general
government. II was unanimously re-.
solved. That In View ~ the great In.
lsOrtunce Of the subject s,st,.,riuiiv IL,