davidaulloa/AmericanStories huggingface dataset:
Red River prospector. (Red River, Taos County, N.M.) 1900-190?, 1901-11-21
SUPREME COURT HOLDS JUDGE
DIXON'S INJUNCTION is VOID

Denver, Oct. 3O.-rhe Supreme Court
yesterday entered the following order
in the proceedings by the State Board
Of Assessors against Judge Dixon Of
the Pueblo District Court:
mo 1925, per curtain.
'The writ Of prohibition will issue,
as prayed. The District Court of Pu-
ehlo county is directed to dissolve the
temporary injunction and to dismiss
the action in which it was issued.
I'm the matter of the proceedings
for contempt, Hugh Taylor, f. N.
Brush and l.. j.. Neff are adjudged not
guilty, and are discharged. In this
matter the members Of the court
being unable to agree upon the judg-
ment which should be rendered as to
the remaining members of the board,
its secretary and the attorney general,
or on the motion to vacate, those mat
ters win stand for the consideration of
the court when all the members are
present"
The Supreme Court makes null and
void everything done by Judge Dixon
in the suit brought by the corporations
to kill the revenue law, orders him to
dismiss the cast and declares that he
had no jurisdiction to attempt to en-
join the board of assessors.
The opinion of the court was written
by Justice Steele, while Acting Chief
Justice Gabbert filed u concurring
opinion.
Upon the contempt branch of the
case the judges disagreed, Justice
Steele holding that no contempt had
been committed by the board of assess
Ors, wh@s Justice Gabbert held that ii
had.
The opinions do not in any way refer
to the new revenue law. Its cOnstitu-
t'onality remains a question for future
decision at the hands of the court,
and this will not be taken up before
the January term. But it does settle
the question of interference with the
operation of the law by any of the
lower courts and the revenue law re-
mains operative until its constitution
ality is finally determined.
The opinions are voluminous, cover
ing in all nearly fifty typewriter
pages. After reciting the cause of the
original proceeding the opinion of JUS
tice Steele is given respecting the main
question at issue-whether or not the
District Court of Pueblo county had
the authority to issue an injunction
following it's decision that the revenue
law was observation-disclosures
the state officers from carrying out
the provisions of that law. Many au-
Red River prospector. (Red River, Taos County, N.M.) 1900-190?, 1901-11-21

Denver. Oct. 3O.-Using the money
recently allowed them by the state
treasurer. the trustees of the State In
dustrial Home for Incorrigible Girls
have made many improvements and to
a considerable extent have relieved
the congestion. A frame dining room
has been built on the real of the main
building, and the dining proper
fitted up as a dormitory. An addition
has also been built to the school room,
and the laundry has been moved from
the basement to an annex in the yard.
The space In the basement has been
utilized for the establishment of sew
eral "refectories," where the girls are
put when they decide that they will
not work any more. and attempt to
create %dissension among their com
panions.
Red River prospector. (Red River, Taos County, N.M.) 1900-190?, 1901-11-21

thorities are cited to show that the
District Court was without jurisdic-
ton, in that its power is not superior
to that Of the legislative or executive
branches Of the state government and
has not ihe right to Interfere in their
carrying cut of the law. After citing
the contention of the corporations that
if the assessors are permitted to con
tinuc in their assessments under the
revenue law that it will be necessary
to bring suits in every county in the
state, Justice Steele says:
UNLESS we are TO assume hat the
property of these corporations is ex-
empt from taxation, no more litigation
will result from an assessment by the
State Board of Assessors under the act
of 1901, than by an assessment in any
other way. Under the law as it existed
prior to 1901 these corporations would
be compelled to bring suits in the va
rious counties to recover money lille
galiy eXacted for taxes, and there is no
/ reason apparent in the complaint for
an Injunction against the State Board
of Assessors that does not apply with
equal force to the revenue laws, as
they existed prior to 1901, except that
the law of 1901 is alleged to be uncon-
f, stitutional. The plaintiffs claim that
great and irreparable damage will re
suit if the State Board of Assessors
is permitted to make the assessment
and certify the result; the only dam
age shown in the complaint is that n
different mode Of assessment is pre-
scribed by the law of 1901. If the
State Board of Assessors has assessed
the property of each corporation at its
full cash value las required by the
law of 1901 as well as the prior laws,
no irreparable damage will result to
the plaintiffs because of the manner
in which the assessment is made. "
. = We are unable to see how these
corporations will suffer irreparable
damage because of the acts COM
planned of; they must pay taxes, and
must pay now, upon the full cash
value of their property"
And in conclusion: I'VE are forced
to the conclusion that the judge of the
District Court had not jurisdiction of
the subject matter, namely, the issu-
ance of an injunction to prohibit the
State Board of Assessors from per-
forming their duties, and that in grant
ing the temporary writ of injunction
he exercised an unwarranted interfer-
ence with a board which is a part of
the executive branch of the govern
ment of this state; and such act, be-
ing beyond his jurisdiction, is null and
void"
Red River prospector. (Red River, Taos County, N.M.) 1900-190?, 1901-11-21
COLORADO CONTRACTOR
BACK FROM THE COAST

Denver. Oct. 30.-J. d. McGilvray
returned Monday evening from San
Francisco, accompanied by his wife.
He is one Of the Oldest and best known
contractors i'm Denver and is well
known throughout the state.
AT n time Mr.. McGilvray was quite
active in Denver politics. Twice he
was elected alderman and for two
terms was on the board of supervis-
Ors. one term as chairman, while Platt
Rogers was mayor. He also made a
race for county commissioner, state
senator, running against n. b. Car
penter, and for mayor, but was de-
feated.
Shortly afterward Mr.. McGilvray
went to San Francisco. Up to that
time no tall buildings had been erected
in that city for fear of earthquake
shocks shaking them down. He became
convinced that steel framed, granite
faced buildings would withstand the
vibrations of the earth, and secured the
contract for the erection of the Parrot
building ON Market street, opposite the
old Baldwin hotel. 1t was the first
building of the kind ever erected in
San Francisco. 1t withstoOd the earth
quakes. and be 10 thereafter built
the Call building for Claus Spreekles,
the tallest building on the Pacific coast,
also the massive granite Emporium,
A number of other prominent build
ings in that city have since been built
by him.
His largest contracts have been al
the Leland Stanford university. He
has built almost all the present build
ings, and has several others In course
Of construction. Had It not been for
contracts in connection with new build
mgs at the university which demanded
Red River prospector. (Red River, Taos County, N.M.) 1900-190?, 1901-11-21
REPORT OF GENERAL MILES
ADVISES DECENTRALIZATION

''The evil has been increasing during
the activities of the wars of the last
three years to an extent that, in my
Judgment, requires serious considera-
ton, and l recommend that decentrali-
zation be effected as far as possible
and that all proper and lawful author
ity be restored to subordinate com
manders who are provided with an eff
ticient organization and who can be
safely intrusted with responsibility for
the efficient and faithful admintstra-
ton of military affairs commensurate
with their important commands"
AS a large part of the army is sta
toned in the western part of the
United States, and over One-half west
of the Pacific ocean, General Miles rec
ommends the establishment of a mill
tary college in Southern California. He
also recommends the establishment of
a war college in the city of Washing
ton.
General Miles refers to n number of
recommendations which he made in
former reports looking to the improve
ment of the condition of the army;
also to orders he has issued during the
wear to accomplish this purpose. He
HDtukH tHDENlullg wi liz NAPNAANANNf
intelligence and efficiency of the troops
of the United States and the success
they have had in China and the Philip
pines, and says they have borne the
rigors of the Arctic climate in Alaska
and the heat of the tropics, and unde
all circumstances maintained the high
character of the American army. He
recommends that the military posts
throughout the country be put in ex-
cellent shape for troops that are re-
turned from service beyond the seas.
his presence in California at the time,
he would have come TO Denver sew
eral months ago.
Not satisfied with his achievements
in San Francisco Mr.. McGilvray con-
ceived the idea of ereting modern steel
framed buildings in Honolulu, and
made a trip to that city to look the
situation over. He soon convinced
the mOneyed people of the island that
tall buildings could be erected there
the same as at San Francisco, and re
ceived the contract for the first tall
building in Honolulu. 1t will be
known as Young's hotel 1t Is now in
course of construction and when COM
pleted will be the tallest and largest
building in tue Sandwich islands.
Red River prospector. (Red River, Taos County, N.M.) 1900-190?, 1901-11-21
Mrs. Grant Improves.

Washington. Oct. 30.-The condition
OF Mrs. Julia ID. Grant, widow Of Gen
eral Grant, who has been sick for some
days, is much improved to-day.
The Newberry herald and news. (Newberry, S.C.) 1884-1903, 1901-03-29
Chtuquepin Dots.
L. H. A..

On Wednesday last we had a much
needed rain, the ground had become
too hard in places to plough.
This morning We bad frost md ic. In
abundance and it is sill cold at present
We cannot yet tell the amount OF
damage done by the irecz,.
We have had another confederation
his time on the place belonging to
Mrs. IA ,rrls. Mr. B. +. Cannon and
Others lost about 50 cords OF wood. Had
not the wind been favorable In carry
ing the heat IN the opposite direction,
Mr Antine Buzhardt and Others would
have lost large amount OF wood.
Some Of our farmers have planted
corn, nearly all are ready TO plant but
On account OF the cold wealth. will
wait few days longer.
Mr.. David Dobbins and daught.r, OF
Wh'tmire, were visiting Mr.. w. Il.
Jones last sunday.
Mr.. Ciaver Glymph, OF Glymphville,
was visitlng Mr.. o. II. Lane last
sunday
Rev, J w. Blanton preached as
usual an excellent sermon TO u large
c mErcga ion at Eporee church last
Sunday.
There will he II conference at Leba-
non church on F'iday before the fifth
Sunday. Rev. w. s Henry will preach
at Lebanon on the fifth Sunday.
We are glad to know that Mrs. Setz.
Ter, who has been quite sick, 10 improv-
ing.
Oar worthy representative, Hon.
a. Z. LA'imer, has not forgotten hin
constituents, he has distributed the
agriculture reports throughout our
nctghborhood, and ali parties will find
the b"ok worthy OF peru.al
March ~, l8Ol Is ichman.
The Newberry herald and news. (Newberry, S.C.) 1884-1903, 1901-03-29
Fr -poe y v W =.

Mrs. d. Nj. W.rd and Mrs. Ella
Brasc, of N:~ br,ry, are VISITING Mrs.
b. B Sch"mpcrt.
Master Charley B .rre has ,pen IN his
room several day, SICK with rOsenla
All the "ie"ds uf Mr. Mnxcy Har.
"un are GLAD to ~ him bauk again 1T
hin work at H,~k' Bros store, af er
an I'm ~ ni s'v, IA Weeks "a, his
father's In G '..W "'I. s @
Mr.. l. =. X n,r 80 Nr Il = J ,ho
so", " \u"h ~. ,pout ,u,d,,
n'eh' and Sunday with Dc. !. A. s,mp.
rs family.
Mss L'zg o D'vhrr, whD r.s been
v.sttl"g Mss d la Bowers. reLtrned
10 her homr Monday.
There was Il general mixture In the
school house last Friday evening and
Saturday, lawyers, preachers, farmers,
merchsn's, doctors, blacksmiths and
cvcrsb dy Of every Description were
T. err mrdit"ting over the great aues.
ton II "Dispensary" or "NO Dlspen.
gary"
Quite number 0f the young people
In town went to Newberry Wednesday
TO attend the dog and pouy snow. S.
The Newberry herald and news. (Newberry, S.C.) 1884-1903, 1901-03-29
The Nera1a and I]ews.
K. II AULI., EDITOR.

How would it do to organize q
company to build yarn mill on the
monthly instalment plan? Itshould
be On easy matter to raise 1900
shares at one dollar a month. This
would give us $1,000 and in fifty
months we could have $4,000, and
arrangements could easily be made
to have the building up aud the ma
chinery and the mill running before
the stock was all paid in. We need
to get some manufacturing enter
prises in Newborry and in this way
wo could raise the money without
any one feeling it, and those who
work on salary could take some stock
and in this way every one would be
interested in the success Of tho enter.
prise. We would be glad to hear
from some Of our business men on
this suggestion.
The Newberry herald and news. (Newberry, S.C.) 1884-1903, 1901-03-29

Many are the times in the recent
past that news has reached us stating
positively the death of Aguiualdo,
the leader Of the Filipinos, and now
we are told that he has been cap.
tured by Gen. Funston and is in the
hands Of the Americans. 1t seems Il
little strange to us that man who
has died at 80 many different times
recently can still be alive We sup
pose when tho administration has
succeeded in killing all his country.
men, who, under bis leadership have
for two years been fighting for those
principles which are 30 dear to Am"ri
cans, they will then condemn him M
Il traitor to this government, and he
will die his last death. Great ia the
change which has come over The na
ton.
The Newberry herald and news. (Newberry, S.C.) 1884-1903, 1901-03-29
SALE OF HOUSE AND LOT,

nN SALEDAY IN APRIL, 1901,
W during legal hours uf sale, | Will
i, at huhlic auction 10 the highest
bidder, tha house and lot in the Town
~ Property 5 c, the property Of
yrs. > N Wn"at, containing One
fourth "f al Acre, more or Iess. from.
ing on Main street Of said town, and
hounded north bv lot of T.. K. Bedcn
hauvh, and south by 10 f Dr.. J. B
simpson, anOther lot of Mrs. ] N.
Wheat, and lot Of Logan Wyse.
TERMS: On+-half of The purchase
money t" be pmid cash. the balance In
'wclve months, with interest from d.y
~ sale. secured by bond Of the pur.
chaser and mortgage of the premises.
with leave TO 'he purchaser to pay the
whole bid In cash. Purchaser to nav
for stamps and papers.
G. G. SALE,
Attorney In Fact
The Newberry herald and news. (Newberry, S.C.) 1884-1903, 1901-03-29
JAPA NE8E
E@ i Il -ES 9 VI R Tsa

~ new and complete irenLmtut, cuu.
.ls ing or Surpuslt0ries, apsuies Of
ointmr and two boxes of ON. m.nt.
never failing cure for Piles of every
nature and degree |, makes an opera
ion with the knife, which IL painful.
and often result in death, unnecessary
why endure this terrible disease? we
pack O wr t'rn gnnrnrtre in ench 81
NIX. No cure, n" pay Soc anu 81 box,
f"r 30. Sent by mail Sample free.
OINTMENT. 25C. AND soc.
CONSTIPATION cured, Plies prevent.
ed, ny JAPANESE Liver pellets the preat
Liver and stomach r. guI la and Blood
Purifier. SInnll mi d a1d pleasant 10
take; especially, adapt. d for children
use. 81 doses 25c. Glder's Corner Drug
Store Sole Age, Is, NewherrY.
The Newberry herald and news. (Newberry, S.C.) 1884-1903, 1901-03-29
MUSte2''S Sales.
STATE OF SOUTH CAROLINA
COUNTY OF NEWBERRY--IN
COMMON PLEAS.


Milton A. Carlisle Plaintiff, vs. John
Butler Klnard, Defendant.
PY ORDER OF THE COURT
- herein, will sell to tie hienest
hldder. before the Court House at
N.wherry,- Sub Carolina. nn the
First Monday (SaItda,) In April, 1901,
all that tr.ct If Iand In said county,
containing Seventeen and U7t) One
fourth Acres, moro less, bounded
by lands Of the esfate Of Allan Mich.
OILS, Mrs. J. M. Hawkins, Big road,
Frank BroZrr and others
TERMS or SALE: One half OF the
purchase m"pey to hp paid in cash.
the balance on credit Of twelve
months with interest from date Of
sale, to be srcur+d by bond OF the pur.
chaser and mortgage Of the premises
sold, with leave 20 the Purchaser to
pay the whole amOu"t OF bis bid in
cash. And " the purchaser fails to
comply with the terms .f Iale wi. hin
ono week after da'e OF sale, the NJ ,s
ter will readver ise and sell tf e raid
land on the next ensuing Sa Gday at
the risk OF the former purchasar. The
purchaser to pav for atomps and pa.
pers- II III RYKaR
Master.
Master'a Office, March 6, 1901.
The Newberry herald and news. (Newberry, S.C.) 1884-1903, 1901-03-29
Saves Two from Dsatb.

Our little daughter had an olnnost ia.
al attack Of whonp,nR cough and bron.
ch,tisn writes Mrs w. X Havilaud, OF
Arm"nk, N. Y. but, when all o,hpr
remedies failed, wo saved her life with
DR.. Kings New Discovery. Our niece,
who hsd contumpti0n In un advanced
stage, also used this wonderful medi-
cine aud t0'dvy sne 10 perfectly well.
Desperate throat and lung diseased
yrt'd to Dr. Kings New Discovery as
10 no o' her mediciue on earth. Infal,i.
ble for coughs and colds. 500 and 81 90
guaranteed ny all drvggista. TI.al bot
ties free. -. 49,.
The Newberry herald and news. (Newberry, S.C.) 1884-1903, 1901-03-29
NOTICE..

a I L EACRERS NOW Ell.
ZApln. ed In The PubncScho J. ofNew.
'erry County are hereby notified that
at the close OF their -espt ctive schools
thoy must deliver III ir Te.cher's Reg
tster to the O u"t, Superintendent, as
p" tin"l r"rort hefo'e he last salary
warrant viii ha approved. -. '
Resprc fn'l,.
=, RUG 9 ,WERTS,
AZ. Co. supt. Ed.
The Newberry herald and news. (Newberry, S.C.) 1884-1903, 1901-03-29
Or. RUsT's
Cotton Boot and ?eBnvgovaI Pills

Original a"d G"nuln-, always reliable
a. safe Ladlre! always ask T. DR.
Nust, q 'tton Roo and Pcnnyr,yal Fr-
male Pil's They never tail aid H. vel
'nJ"rc. Mai'"d ~ ANY address on re-
ce'pC ct Sl 10 ~ Gi'd'r's Corner ID ue
StDIe Sole Agents, Newberry.
The Newberry herald and news. (Newberry, S.C.) 1884-1903, 1901-03-29

should do, the constitution makes it
his duty to send the bill to that
branch Of the Legislature in which
it originated with his reasons for
withholding his name. | am free to
admit that it WAS great oversight
and mistake on the part Of the Nom
bers Of the constitutional convention
in not making provision that this
message and the bill should be sent
to the editor of the State instead Of
to the Legislature, but am afraid
it is too late now to correct the error,
and the people will have to suffer the
consequences. But the constitu
ton provides that the Governor
shall furnish the information as to
what he does and his reasons in case
he withholds his name to the Gen.
eral Assembly.
#*a
A rather pecnli"r case was pre-.
sented to 'he Governor from Spar
tanburg tho other day in the shape
OF petition for pardon. An old
man WAS convicted Of violation Of
the dispensary law and the jury who
tried the case the next day after rem
derin! their verdict voluntarily pre-
sented petition asking the mana
pardon. The Governor granted their
request.
Nv
The Columbia people are going
to do their best to make tho reunion
OF Confederate veterans a grand sue
CESS and | am sure they are going to
succeed. As we get away from the
tronhlous tunes Of '6l-'05 these re-
uuions grow ia iters.t aud hope
to see in Columbia in May every old
veteran left in the State. The rail.
roads have made the rates very low
and am snrs Columbia will do her
part to give the boys pleasant
time while here.
The Newberry herald and news. (Newberry, S.C.) 1884-1903, 1901-03-29
COLUMI3IA LETTER.

Columbia, March 2S We had Il
very heavy rain here on Tuesday
morning and the river is very much
swollen from the effects Of the rain
in the up. country. Wednesday Wa
balmy spring day. The changes
are quick and fast sometimes but we
do not believe there is better eli
mate in the world than wo have
here.
,s*;,s
notice the State newspaper keeps
hammering at the Governor ahont
the free pass bill tiud the follow.
ing in one issue this week:
Over five weeks having passed
since tho adjournment Of the legi-
lature and the act repeating the law
against official use Of free pa-sra no,
having been turned over TO the code
commissioners with the signa,nr" IF
the executive, it ia Il fair infpronce
that Governor McSwe"ney Intends to
hold this measure until the next seq
sion OF tho general assembly, when
he will have tho option Of returning
it with or without his approval Th"
fiabby manner in which the Gov
ernor has dealt with this issue, so
clear cut in morals, ia characteristic
Of him. He temporizes between dut,
and desire, between fear Of luhlic
condemnation and IN appetite for
free transportation which it is not
denied he manifested when a mem
bor Of tho general assembly. The
incident does not do credit to H,s
Medlocrity.
I would like to know how tn.
State would have the Governor veto
the bill while the Legislature liz not
in session. Would the State news
paper have the Governor call thu.
Legislature together i'll order to vat"
the bill. suppose the State would
have the Governor tell it. what he j.
going to do. do not know wha'
the Governor ia going to do nhon'
this bill. The constitution provide
on this point HI followe:
"Every bill or j'int resolution,
which shall have passed the General
Assembly, except on question If
adjournment, shall, before it bp
comes q law, be presented to To-.
Governor, and if he approve he shall
sign it; if not, he shall return j.
with his objections, to tn" house il
which it originated, which shall en-
ter the objections at large on it,
journal and proceed to reconside,
it. If bill or joint resolution shaI
not be returned by the Governor
within three days after it shall hav.
been presented to him, Sundays ex
copied, it shall have the same fore.
aad effect as if he had signed it, un
less the General Assembly, by ad
journment, prevent its return; i1
which case it shall have such force
and effect unless returned within
two days after the next meeting"
Now, I have no idea what the
Governor is going to do about thi,
particular bill, but it seems to m
utterly out of harmony with what j,
just and fair and tight to be con
tinually charging weakness and in'
decision because he has taken nc
action. II he should decide not to
approve it, what the State thinks hs
The Newberry herald and news. (Newberry, S.C.) 1884-1903, 1901-03-29
VG&%oR OF MI EgN
EASILY, QUICKLY AND PERMANENTLY
RESTOREn
MagneSiC NeYvine

Is s0ld Win written yu ,ruu .e 10 cur
Insomnia. Fits, DiZziuess. Hysteria,
Nervous D"hllit,. Lost Vitality, Sent
nal Losses Failing Nj. NOR, the r. suit.
OF over work, worry, sickness, error. OF
Youth o" over-i"du'g.nce. Price ST.:
boxes 70 Br mail in plain p.ckaer
10 any nddr' IS IN receipt Of price Sold
only by Gildrr's COrler Dug Store
Sole Agents, Newberry.
The Newberry herald and news. (Newberry, S.C.) 1884-1903, 1901-03-29

STATE OF SOUTH CAROLINA,
COUNTY OF NEWBERRY~-IN
COMMON PLEAS.
\ndrew j. s Langf"rd In his own right
rs EXECUTOR and Milton A. Carlisle as
executor Of the last will and tesla.
ment OF William Langford, deotased,
Plaiutiff.
Against
Malinda Higgins et., al.
TN OBEDIENCE TO AN ORDER OF
a. tho court herein, I will receive o,ds
or town lots, In town Of New berry, s. G..
belonging 70 the estate OF William
Langfora drcessed, to be sold under thr
',fder OF the court at private sale, fnrty-
hree OF said lots. are situated mar tn.
r..idence upon which the deceused re
',hed q, the time Of hi. death and hav.
40 buildings upon them The o,h,r
thirteen In number nd no buildings
upon them, are subdtvided lots OF The
.rawfOrl lot 0f land rear the town OF
-l"leDa. Alec two houses and lots IN
he town OF Helcna. Plata Of The sane
aro now on fl q ~ nv office
II: II. RIKARD, Master,
March 81, 1901. At.
The Newberry herald and news. (Newberry, S.C.) 1884-1903, 1901-03-29
Valuable s,ork farm 70, Suio

S ven hundred acres fnr sale, well
M"'ercd, Glow grows fnciy Near
Ne" berry, s.; auir.ss Il raj y ID
News, New"crr , > G. 81