davidaulloa/AmericanStories huggingface dataset:
The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1901-12-18
NOT GUILTY, BUT PAY COSTS.

from 'hambcr,huru Public Opinion
W" frequently hear people say tlrv can s,c ,,e
reason in the law that permits , Jury +, find +,
N'fdi'' OF not guilty and at the same time ord
'l' defendant to pay the costs of the p,oSr,u
'iosl. or a part ol them. The reason is not alto
istih"r apparent To those WHO t'n not rive il
careful thought. and yet the reason is good
one and the Law most sahltarv
III" causes which mucl urieS to renle, yc..
'''c'> "t NOT guilty are various. but they ma,
he snlnrrd up under two heads; first becu,,s.
the defendant had nothing Whatever 10 do with
the crime alleged against him; second because
TIE act proven 10 have been committed by he
defendant does not consttut. the crime alleged.
III me frSt OF these cases the Jury cannot right
put any costs on the defendants. but in the
second it can and should il the facts Justify IT,
suppose man = charged with having a,.
SLuiltd and beaten another and the evidence con.
VinceS the jury that he did not do the act 1T
all, but that ii there was an assault ut all 1t
wa, committed by someone entirely different. In
that case the defendant is not guilty OF any
oi,ci>c, and consequently should not pay any
costs This comes under the irs. .: the above
heads, and III such ease the accused goes free
of any punishment.
But suppose the alleged assault, proves 10
ha'" been an open light between the prosec,, or
ami The dctendint in which both were equally
s"'H' 'hc ucl'h'lht i h"t guilty OF an ;S-
Sa'!t and battery. and vet he deserves some
punishment for bad conduct. In such cases the
Jury usually SAYS ih" defendant is not guilty,
and divides til" costs hetwocn him and tin,
prosecutor several eases of this kind occurred
last week, and the i'uy was probably right IN
every instance.
1t often happens that tho ACCUSED is tech
nrally not guilty. and vel The prosecution is
due to his bad conIuct and the prosecutor is
Justified in bringing Iii" into court In
these cases The costs usually 90 where they b.-
long. to the defendant. even though he is found
not guilty. We repeat. il is a most silutary
law, ana those who dccw il simply d" not
understand it.
The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1901-12-18
A Limit Defined.

NE OF the speeches made at
the meeting in New York of
~ the Industrial department OF
the National civic Federation,
which is trying to bring worliingmen
and employers to II more peaceful basis
of mutual understanding and cooper
alton, was by Charles NJ Schwab, presi-
dent of the United States Steel Cor
poration. the largest employer of labor
in the world. 1t is thus reportcd:
The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1901-12-18

Guard. this difficulty will remain un-
affected. The national government will
stiil be unable to command the service
OF the National Guard" 1t further
says: such n plan as is here proposed
should not antagonize the members and
friends or the National Guard, whose
loyalty to that body is the great stum-
bling block in the way of any proper
ana uselul reorganization of the militia.
tor 'aeh state will naturally turn for
its quota first to its organized militia"
w" are not prepared without further
consideration To endorse this PROPOSE
tiof. VI is reproduced rather rs Il start
ing point for valuable and timely dis
cussion But we can endorse without
hcsitancy these words of our rontem-
porary: I'm the United states the OBJ
legation to military service is as It
must be in every free state that would
remain free, common, ordinary, cs-
senttAl obligation Of citizenship, like
the obligation to do Jury duty or to pay
taxes; ana. under the constitution and
the laws, no able bodied male citizen
w hhh'"'N Hse, not specially exempted
nv statute from military service. has
amy right. moral or legal, to decide for
himself whether or not he will serve
his country ns n soldier when his coun-
try needs soldierly service" one of the
most ominous and. in our Judgment,
unwise and unchlled for developments
OF our day is the upgrowth among GER
tain OF our people of Il sentiment of
suspicion for and sullen antngonism
against militia service.
The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1901-12-18

Former Speaker Thomas b. Reeds
opinion of the Schey contru-
versy may not be popular. but it is
terse. He says: II can't work up
much interest in conflict between
these two heroes. AS near as I can
analyze ii. one of the heroes was not
in the fight at ALL and the other was
trying his d--eSt to get out of it," His
tory is pretty certain to give the bulk
of the honors to the men as IA whole.
The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1901-12-18


cabinet of Postmaster Cen
Il cral Smith is q distinct loss
To the public service. Mr..
Smith has made one of the very best
directors Of the postal service that we
have had. The reforms which he has
instituted in second class mail and the
progress he has accomplished in the
extension of rural free delivery are
sufficient to make his administration
honorably memorable for all time.
These forward steps will never he re-
traced.
1t has, been known to his friends for
some time that Mr. Smith desired to be
relieved from the burdens of official
life and had the tragedy at Buffalo not
occurred it is probable that he would
soonef have resumed the interrupted
management of his personal business
atfairs-,, That tragedy, with the new
presidents call upon the patriotism of
the Mckinley cabinet, deferred his re-
tirement until opportunity came to
make. IL without embarrassment TO the
government. He retires with the
WaTllltst Soou VIII VI bolH IfeSluent
i Roosevelt and each cabinet colleague.
ne retires chiefly for the reason that
his private resources are insufficient to
,jpstain the expenditures which custom
md the natural wish 10 fulhll all the
obligations of official position impose
ar in excess of the modest compensa-
ion allotted by law. Happily what the
!.Iounn'y loses by this necessity journal
SIN will regain,
His successor Mr.. Payne. is a gentle
nan of demonstrated ability and char
fletert who also has personal means,
That he viii make "A success of the
postmaster generalship is assured from
he fact that lie has succeeded in all
,rior undertakings, He will have the
. 2ountry's best wishes for prosperous
enure of AN increasingly difficult office
md the fine advantage Of the first class
standards already established.
The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1901-12-18

y
the Republican city phi
Il mary elections for three
weeks from next Monday is
reminder of the fact that next
springs municipal campaign will soon
be at hand. 1t should admonisl, the
voters to look about them for good
men to ill the offices involved. While
on the general city ticket a controller
is the only place to be filled. In many
of our wards counclmen and school
controllers as we'll as minor ward Off :
GERS are to be elected and ii is very
important that in each instance care
should be taken to nominate and elect
none but capable and trustworthy
men.
1t is we'll known to citizens who keep
themselves informed as to municipal
affairs that during the next year or
Two. while the problems arising from
the city's transfer from the third to
tho second class are being worked out
and the details of government adjust
ed To correspond with the new re-
nuirements of the law. it. will be more
than ordinarily necessary that honest
and competent men should sit in the
controllers Office and in councils. This
Is always desirable, but under these
exceptional conditions it is imperative
If our city is to benefit by the change
and move forward. The election of
school controllers does not involve so
Intimately these special considera tions
but it, also, is of the first importance.
Party lines, though less rigid than in
other elections, are bound to appear
ana therefore we hope that Republic
cans and Democrats will both put for
ward superior men. Let us all try to
llfl the average of our councils and
school board, remembering that VIC
can always have the kind of govern
ment that our votes show we want
The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1901-12-18

III is now in order for the astrolopers
ana weather prophets about the co,,n-
TS 10 reprint the paragraphs in their
general predictions that will cover the
recent season OF moisture.
The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1901-12-18

Now that MarCon. the wireless teln-
graphei' has succeeded in communicate
ing between st. johns. y. f.. and the
Cornwall coast of England. LOO miles,
without ship or cable. another great
gap in scientific achievement is bridged
and speculation entitled to guess
again.
The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1901-12-18

The theater ticket speculator. with
everyone against him, seems to pros
por While ticket-speculating is
nuisance, there appears no reason WHY
inc man who corners tickets has not
AS much right to pursue his favorite
calling as the individual who BUYS
produce and bread stuffs and waits for
n chance to squeeze the consumer.
The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1901-12-18

In. the year just closing, Manitoba
'ieded 50,502,0S5 bushels Of wheat
The Butte inter mountain. [volume] (Butte, Mont.) 1901-1912, 1901-05-22
THE MOST POPULAR LADIES
Late Entries in the Inter Mountain
Voting Contest Are Making a
Fine Showing.
Especial to Inter Mountain.)

Especial to Inter Mountain.)
Ana conda, May ga lively interest
was taken in the Buffalo exposition con-
test yesterday and when all the votes in
the first series were cast last evening the
standing of the candidates was as fol-
lows:
Nellie Sheehan, 242; Mary Howard 1911;
Viola Powell PAS; Carrie s. Cody S3;Alleda
Nadeau 46: Annie O'Brien %; Annie Rob-
erts, 5: Mabel Davidson 3.
Miss Nadeau did not enter the contest
until yesterday afternoon, but by 8
o'clock her friends had hustled 46 votes
for her which was "a pretty good begin
ming. The Misses Powell, Howard and
sheehan ran pretty close during the day
and seemed to take it turn about in lead
ing. Miss Howard was slightly In the
lead with Miss Powell following closely
until in the afternoon, when several OF
Miss Sheehan's friends brought in u
votes which put her in the lead again.
Last night she was 81 votes ahead.
The Butte inter mountain. [volume] (Butte, Mont.) 1901-1912, 1901-05-22
BIG DAMAGE SUIT ON TODAY
johnson Remington Seeks to Recover
for Injuries Which Have Left
Him An Invalid
(specfa No Inter Mountain.)

(SpecfaNeO Inter Mountain.)
Anaconda, May 22.-The case of John
son Remington Us Peter Musigbrod ct al,
was called uP-iA the district court at 2
o'clock this'shlternoon. This suit was
brought to recover $4,000 damages,
which the Plaintiff claims to be due him
to recover for an accident inflicted upon
him on November I, 1899, while engaged
as a laborer for the defendant at the
Warm Springs Insane Asylum, the de-
PENDANT at the time having contract
with the state to care for the insane pa
tien:s committed into that institution.
At the time of the accident the plain
tiff claims he was engaged in operating
a circular saw. which through some de-
feet flew to pieces striking him on the
arm and breaking it in two places above
and below the elbow, also decorating it
in such a manner as to render it perfect
ly useless and leaving him unable to care
for his family as he did formerly.
The Butte inter mountain. [volume] (Butte, Mont.) 1901-1912, 1901-05-22
NE MORTAL DAY
SOLDIERS WILL SCATTER flow
ERS OVER COMRADES GRAVES.
TRIBUTES TO FALLEN BRAVE
All the Military Orders Will Join in
Paying Respect to Those Who Now
Camp on the Other Shore-Utah Will
Contribute fragrant Blooms for the
Mournful Occasion.
Especial to Inter Mountain.)

Especial to Inter Mountan.)
Anaconda, May 22.-Great preparations
are going on for the Memorial day OBJ
servance on May 30th. The Grand Army
veterans are working in conjunction with
the Philippine war veterans, and they
contemplate having larger turn out
than has ever been seen in this city on
like. occasion before.
There will be parade during the
day and after the line is formed the ex-
soldiers will march to the cemeteries and
there tenderly cover the graves of ex-
comrades with floral tributes.
The G. A. r., members expect to have
a large supply of flowers on hand on that
day, they having sent special order to
Beaver City. Utah. for them.
The Philippine veterans will also pro-
vide themselves with flowers, and all the
departed ones will be we'll remembered
The ex-soldiers have experienced some
disappointment in not being able to
borrow sufficient number of guns from
received yesterday afternoon from the
governor stating that the state had
scarcely enough to supply a few COM
panes Of militia recently organized. An
effort will be made at once to purchase
fifty rifles from the general government.
If they cannot be secured in time, the
veterans will be forced to pick up as
many as they can around town for fir
ing the usual salute.
The Butte inter mountain. [volume] (Butte, Mont.) 1901-1912, 1901-05-22
QUESTION ANSWERED.

Yes. August Flower still has tn,
largest sale of any medicine in the civil
lied world. Your mothers and grand.
mothers never thought of using any
thing else for Indigestion or Biliousness
Doctors were scarce, and they seldom
heard Of Appendicitis, Nervous Prostra.
ton or Heart Failure, etc. They used
August Flower to clean out the system
and fermentation of undigested 70 I'd
regulate the action of the liver, stimu-
late the nervous and organic action OF
the system, and that is all they took
when feeling dull and bad with head
aches and other aches. You only need
a few doses of Green's August Flows-
in liquid form, to make you satisfied
there is nothing serious the matter VIII
You. Get Green's Prize Almanac.
The Butte inter mountain. [volume] (Butte, Mont.) 1901-1912, 1901-05-22

porarily on account Of failing health, and
departed Sunday night for Waynesburg,
Pennsylvania, where he will JOIN Mrs.
Montgomery and proceed to the Atlatic
coast 90 visit of several months where
he hopes to regain his health and
strength in a lower altitude.
AS mark of the high esteem in which
Mr.. Montgomery was held by the en-
ployes under his management here, NJ
Thompson, M. d. Pennington and E. g.
Heagy waited on him before his de-
parture and in behalf of the employees
presented him a beautiful locket charm
with monogram and Masonic emblem
prettily studded with carat diamond
Mr.. Montgomery has many friends in
Butte and Anaconda who hope that he
may recover his health rapidly and re-
turn soon to resume his duties with the
Meat company again. During his
absence Mr.. Thompson will succeed him
here and M. Lave!l will have charge in
Butte.
The Butte inter mountain. [volume] (Butte, Mont.) 1901-1912, 1901-05-22
MINING APPLICATION NO. 431.
L. 5. Land Office, Helena, Montana, MAY

MINING APPLICATION NO. 437l.
L. S. Land Office, Helena, Montana. Nav
II, 1901
Notice is hereby given that Bernard
Noon and Gertrude Genzberger. whose
postofiice address is Butte City, Montana.
have this day filed their application for q
patent for 1855 linear feet, being l foot
easterly and 1234.5 feet westerly from dis
covery shaft of the Little MCQUEEN Lode
Mining Claim. upon which notice OF In
tenticn to apply for patent was posted
on the 7th day Of May, 1901, situated IN
Summit Valley unorganized, Mining Dis
tllct. Silver Bow County, State of Mon
tana. designated as Sur. No. 6173. in
Township north of Range west. being
more particularly described as follows,
to-Wit:
Beginning at the southeast corner. a
quartz stone set in the ground. with a
mound of earth alongside, and marked
1918 for Cor. No. l. from which the
southeast corner of Sec. s, r. n. r. ?
W., bears S 10 degrees SO minutes east,
501.5 TT and running thence N 0 degrees
Us minutes W.. 602 feet; thence S 81 de-
grees "a minutes W., 1855 feet; thence 8.
degrees O6 minutes F., 6o2 feet; thence
n. 81 degrees "a minutes E. 1855 feet to
the place of beginning, containing an
area of 1886 acres of which II. $50 acre.
are in conflict with Surveys No. 1850. 1852
1919 inclusive of Surs. No. SAP and 343s,
and 1929 inclusive of Sur. No. 1885, lot c.
not claimed, leaving $3.50 acres claimed
by the above named applicants, all of
which is in conflict with Sur. No 2936, lot
{, and Sur No. $685.
The location of this claim is of record
in the recorders Office of Silver Bow
County, State of Montana, in Book
u" Of lode locations on page 2S2
The adjoining claims to these premises
are Sur. No. 1880. Golden Hematite Lode
on the north: Sur. No. 1852. Iron Sid.
Lode on the northeast: Sur. No 1929, Sim
bad Lode IN the east: Sur. No. 1879, Great
Republick Lode. Sur. No. SAP. Undine
Lode and Sur. No. 1896, Bavaria Placer on
the south and Re-Sur. No. 1883, MCQUEEN
Placer on he west.
GEORGE D. GREEN,
Register.
Samuel Barker, Jr..
Attorney for Applicants.
First publication May Goth. 1901.
The Butte inter mountain. [volume] (Butte, Mont.) 1901-1912, 1901-05-22
A PUBLIC DANGER
WILD AND RECKLES. DRIVING ON
THE STREETS. n
ALMOST LIVERY DAY
Time for Agitation on the Subject Be-
fore Someone Is Killed-Highways
Used as a Spe> dway for Ambitious
Racers and Impatient Delivery
1eams-All Pedestrians in Danger.

Especial to the Inter Mountain.)
Anaconda. May 22.-Fast and reckless
driving on the streets of Anaconda has
become a dangerous nuisance. and it is
high time that some sort of check should
be put on the many careless drivers of
dray, express and delivery wagons to
hold them down to reasonable speed
while making the corners or cutting
across the walks into the alleys 1T least.
1t is only a few evenings ago that
little Veta Ashby, the 7-year-old aaush-
ter Of Mr.. and Mrs. John Ashby of West
Park avenue was run down by a West
Park avenue grocery deliyeryman and
nearly killed She was picked up uncon-
scious and remained in that condition for
several hours and still suffers from
bruises received under the wheels of The
wagon. There We're several other chill
dren crossing the street at the same time
who narrowly escaped like experience.
Less than three weeks ago 5-yaar-old
boy was run over at the same crossing
by dray team coming from the depot
but fortunately escaped witt, slight
bruises
Yesterday afternoon an expressnaan
raced down Cherry street and turned
onto Park avenue at such terrific rate
that pedestrians were endangered and
two ladies barely missed being knocked
down. A large spaniel dog was lnss
fortunate AMI was struck by the horse
and the wagon wheel ran over his foot.
And so it goes.
The streets are not crowded at any
time, but hardly day passes that some
enc is not knocked down or nearly run
over by drivers who are not rusne' with
business but simply enjoy fast driving.
The Butte inter mountain. [volume] (Butte, Mont.) 1901-1912, 1901-05-22
Short Line to Denver
W. II. MERRlh1AM. Cent. AT
MINING APPLICATION No 1870

MINING APPLICATION NO. 1872.
U. S. Land Office, Helena, Montana. Nav
II, 1901.
Notlce is hereby given that the Parrot
SnVer q copper Company, a Corporation
eAtstiHe under the laws of the State of
montana, by Harry A. Gallwey, its at
torhey IN tact, whose postoffice address Is
BUTTE, Montana, has this day filed it's ap-
phcatlon for patent for 446 linear fee,
oelng AZ feet easterly and rs feet wester-
~ from discovery in drift, of the Oar,
Looe Mining Claim, upon which a notice
ol intention to apply for a patent was
posted on the 14th day of May, 1901, sit
uated in Summit Valley, unorganized
Mining District, Silver Bow County. State
or Montana. designated as Sur. No. 1924.
In Township North of Range 5 w.. be-
ing more particularly described as fol-
lows, to-wit:
Beginning at the southeast corner. a
point IN the north side line of Sur. M,
o'4. a granite stone set in the ground
with mound of earth and stone along.
side, and marked 1-5S24 for Cor. No. :,
from which the a Sec. Cor on the east
boundary of Sec 10, T. N, r. 8 W..
pears s. "a degrees E.. 1914 feet, and run
nins thence N l degree Is minutes W., s
~N' eANAASC ~ o. ueSIceS 20 minutes w..
44.3 feet; thence S degree Is minutes Il,
rect; thence S. 81 degrees As minutes E..
44.3 feet to the place of beginning. con-
tanning an area of .00S acres, of which 0O4
acres are in conflict with Sur. No. 2595
not claimed, leaving .O04 acres claimed bv
the above named applicant all OF which,
is In conflict with Sur. No. 1244
The location of this claim is of record
IN the recorders office of Silver Row,
County. State of Montana, in Book
5 of lode records, at page 292.
The adjoining claims to these premises
are Sur. No. 1886, Grey Eagle No. East
lode, lot 571, Parrot Silver & Copper Com.
pany applicant on the north; Sur. No.
54, Gold Hill Lode. lot 65, Heinrich G.
Weibbold. applicant. on the south: Sur.
No. 644. Washoe Lode, lot 100, Charles 8.
Warren ct al applicants on the west.
GEORGE D. GREEN.
Register.
Samuel Barker. Jr..
Attorney for Applicants.
First publication May goth, 1901.
The Butte inter mountain. [volume] (Butte, Mont.) 1901-1912, 1901-05-22
GUARDIANS SALE OF REAL
ESTATE.

Notice Is hereby given, that in pur-
suance of an order of the District Court
OF the Second Judicial District Of the
State of Montana. made on the 18th day
Of May, 1901, in the matter of the estate
and guardianship of Mabel Comeback a
minor. the undersigned, the guardian Of
the person and estate of the said Mabel
Comeback, will sell at private sale to
the highest bidder for cash, in lawful
money of the United States, and subject
to confirmation by said District Court,
on Friday. the S1st day of May, A. D.
1901, at O'cock p M, at the law office
of John N. Kirk, Rooms SO and 80,
Owsley block, in the City of Butte.
County of Silver Bow. State of Mon
tana. all the right. title. interest and
estate of the said Mabel Combellack,
minor. in and to all that certain lot
piece or parcel of land situate, lying and
being in the County of Silver Bow. State
,of Montana, and described as follows,
to-wit:
An undivided one-quarter interest in
and to lot number nineteen Q9), in block
numbered two (2) of the Barnard Addi-
ton to the city of Butte. and being all
the right, title and interest of the said
HiiAOA SAA1u ia O04O pIOpcily 0S du ucu-
at-law Of John T. Combellack, dc.
ceased.
Terms and Conditions Of Sale: Cash
on the day of sale.
Dated this 18th day of May, A. D.
1901.
MARIA COMBELLACK,
Guardian Of the person and estate Of
Mabel Combellack, minor.
JOHN N. KIRK,
Attorney for Guardian.
The Butte inter mountain. [volume] (Butte, Mont.) 1901-1912, 1901-05-22
MACHINES MUST GO TONIGHT
Local Officers Ordered to Enforce the
Anti-oambling Order With Speed
and Diligence.
Especial to Inter MOuntain.)

Especial to Inter MOuntain.)
Anaconda. May 22.-County Attorney
Duffy had a conference with Attorney
General Donovan this morning over the
telephone and was instructed to proceed
vigorously against all forms Of gambling
in Anaconda. Constable Rentz will
carry out the orders. and has given the
owners of all slot machines until o'clock
tonight to comply with the order to close.
Attorney Duffy and the proprietors Of
the machines here are at q loss to know
why 1t Is that the machines are to be sup
pressed in Anaconda and left wide open
in Helena. ~ they are informed 10 the
case.
The Butte inter mountain. [volume] (Butte, Mont.) 1901-1912, 1901-05-22

decided to acquire higher education and
entered Stanford and will graduate from
that institution within few days.
Prof. Koontz began his career as a
teacher by taking country school in
Cloud county, Kansas, in 1887. Later he
moved to Idaho was at the head of the
Mountain Home school, and for some lit
tie time prior to entering Stanford was
a member of the faculty of the Idaho
Normal school at Albion. The new sup
erntendent has had considerable exper-
fence in conducting teachers institutes
in the past.
Prof. Ksontz has a family of wife
and little girl, who will be warmly well
coined to Anaconda.