davidaulloa/AmericanStories huggingface dataset:
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1902-06-06

thereby tn throw disrespect upon the
Judge and To present the former ac-
ton in a ludicrOus. etc. manner. and
To prejudice the ease in the minds OF
the public and jury trying the cause
and that by reason OF said published
matter and Intending To publish an
imadversions ON the evidence or pro-
ceedings in "a pending trial tending 70
prejudice the public respecting the
same and To prevent and obstruct the
administration. and by knowingly pub
fishing an unfair report OF the pro-
ceedings OF the court and malicious in
vectives against the court and jury
tending To bring the administration of
justice into contempt. etc. did COM
init a contempt Of court. No allegation
was made in the petition. nor was any
offer made In this court To show just
where or under what circumstances the
publication and circulation took place.
nor was any attempt made to show
these things in the lower court by the
testimony of the witnesses for the Pc
titioner or on cross examination OF wit
nesses against him or in any other
manner than by the petitioners an
swer. under oath. denying knowledge
OF the pendency OF the second case and
alleging that the publication related to-
the first case only.
The contention that the petitioner
thereby purged himself of the contempt
cannot avail in this collateral proceed
ing. considering that the lower court
founG against him and considering all
the circumstances under which that
finding was made. assuming that ii: our
opinion the finding was erroneous. We
mast in these proceedings regard the
as relating 10 1.-THE pending
case.
Thus. IL is not clear whether the court
found that the publication or circula-
tion took place in the court room or
not. and IL would seem to be inmate
rial whether 1t was I'm the court room
or In the adjoining hall or room. IL the
other necessary conditions were pres
ent- IL is not clear whethes the court
was In session or not. Perhaps that
also would be immaterial. IL IL was
during recess merely or temporary
adjournment from one day 10 the next.
and IL the other essential features were
present II II not clear whether the
petitioner had anything 10 do with the
publication or circulation in or near
the court room or not This is very
unless the petitioner should
be regarded as responsible in law for
the publication and circulation there
- natural and probable consequence
of the publication and circulation of a
PAPER or such general circulation in
he city where the trial was pending
whether he should be thus held re-
'pons!ble Is nice question, the affirm
alive being held by very respectable
authority. and no argument or author
~ having been presented on behalf Of
rfsa ~, -
I've. whether the decision In the Bush
'1se which. n followed. requires us TO
-cmani the petitioner 10 custody. in
INV view that can properly be taken OF
ie case on TIE evidence. should be re-
-ersed. is also. 10 say the least. nice
luestion-upon which no argument has
,een presented on behalf of the petit
itioner. although that decision is most
trenuously urged contra.
r. as - the case in some other juris- /,
llctious. coniemp; cases were appeal o
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1902-06-06

In the case OF Ell parte Walter G..
saith. the court remands the prisoner
to The custody OF the High sheriff: the
cps.ssn OF the court viii be fled with
these words from Chief Justice Frear.
~. Supreme Court. Justice Perry dis
seating. yesterday affirmed the decision
af me Circuit Court. fading Mr.. Smith
sairsy OF contempt and sentencinx him
q. prison for thirty days
Ts>re we're but few people in the
court room yesterday aftrrnoon at
..'elsek. when the three justices hied
slowly Into the room. and took their
pias-s on the bench Mr.. Smith was
present In person. and vas represented
b, Smith g. Lewis and Lorrin An
dre-s. while George Davis appeared for
tao Circuit Judges. Who remained out
.is. IN the clerks Office as the decision
ws. announced. There were besides
three or four attorneys In the court
room when the Judgment was given
rorowing the order made BY CHIEF
.Iu-,tcs Frear the members OF the
esurt left the room. the opinion having
hen given 20 Clerk George Lucas Da-
n. Got possession Of the original and
nft-r AZ had been shown 10 n few at
torueys. he hurried into the clerks
oriss~. where Judges Humphreys and
....y we're In waiting. They spent the
r~xt hour In porins over It's pages
and commenting on the opinions OF the
three Judges. Ar. Smith was at once
placed IN the custody OF Sheriff Chill
iinEvorth-
rsrEE WOULD ISSUE WRIT
Il. the meantime attempt was made
ts secure n new writ from Judge Estee'
,,,,, because Of the Iateness of the hour
,n,. Vas given UP until morning Judge
S,..s~ very aeconimodatinsiy agreed 10
r.,, unsIi S O'Clock to sign the papers.
ana stated that he would issue the writ
~ nabeas corpus and hold court At
o'eloek In the evening TO hear the mat
.-r NJ the attorneys 10 desired The
attorneys found IL impossible TO prepare
~. .cc.saary pagers and further ac-
sie. ras postponed until. this morning |
THE DECISION
r.. decision OF the Supreme Court |
...nzrainx the prisoner 10 the custody
N sss High sheriff 10 voiurninous
30. Il 10 written BY csief Justice
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1902-06-06
ADMIT
THEIR
DEFEAT
Home Rulers Give
Up the Fourth
District.
COUNTY BILL THE
PET MEASURE
At Meeting Held Last Night
Plans for Campaign are

ak months before the election the
| sages of the Home Rule party ad-
nit that they are beaten in ths
Fourth district. and that il they do not
carry the Island of Oahu they are with
out hope. These conclusions were voic-
ed last night at a conference held in
Foster Hall by some of the leaders
| among them John Emmeluth and
Prince Cupid.
County government is TO be the slo-
gan OF their campaign and their ef-
forts are TO be centered upon getting
a sufficient representation in the Sen
ate TO override Governors veto of
their pet measure.
Part of the plan by which the Home
Rulers will endeavor to corral votes
was disclosed last night. The man
ayers of the party. SO the suggestion
was given. are TO go to leading men
and say to them: IF we get this
measure County bilD through. we will
put you up for Treasurer, you for
Clerk. you for Surveyor. and so on,
and the belief exists amongst the lead
ers that these men, after receiving such
Home Rule Legislators.
The Home Rulers feel that j. O. Car
ter is a man that they want in the
Senate. because of his familiarity with
finances, public affairs. and his well
known spirit of fairness. He was talk
ed of last night as a possible canai-
date. Sol Meheula, the Secretary of
the House in the last Legislature, was
also suggested as a candidate for the
lower house in the Fourth district.
Mahoe of waialua, the Home Rule rep
who introduced the lady
dog" and other bills in the Legislature,
is not deemed a desirable man for the
House next session.
1--WE are beaten in the Fourth Dis
trict," said Emmeluth. This is the
time we cannot take any chances.
Every man must get TO work for the
party We can afford to lose the Fourth
District so far as the Representatives
are concerned, as-we can make it up
outside. We must, however. control the
Senate We will carry the Fifth Dis
trict straight. II we can manage 10
effect a coalition OF the Democrats
and Home Rulers on this island We can
carry the island. If we have a two
thirds majority in both Houses we are
safe. If we don't carry Oahu the
Home Rulers are UP a stump"
As to any county bill. Emmeluth de-
ciared that if the Home Rulers had
nine votes in the Senate and the Gov
ernor vetoed the BILL there was Re
publican Senator whom he knew would
stand by and vote with the Home Rul-
ars, which would enable them to carry
the bill over the Governors veto. He
mentioned the name of Senator Crabbe.
The name of Sam Dwight, OF Allen &
was mentioned as a possible
candidate for the House to run in the
Fifth, his chief merits being that he
vas a hard worker and would stand by
.I.e county bill.
The Home Rule leaders are OF the
opinion that the Democrats are ahead
u the Republicans in numbers on the
Island Of Maui, and that II q fusion
we're effected with them, some changes
would take place on that Island IN ia
-or of the Home Rulers.
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1902-06-06
Frear and GaIbraith Uphold Action
of the Circuit Court In
Contempt Case.
Perry. In Strong Opinion. Dissents From the
Courts Opinion and Holds That Construct
: i've Contempt Cannot Be Punished

months deliberaion majority of
Supreme Court yesterday affirmed the decision
adjudging Walter G. Smith, Editor the
guilty and remandng him the custody the
sheriHto a term Of thirty days imprisonment
appears a Federal question involved
attorneys will present their application of habea corpus
Court this morning pu.h
he lasts before abandoning il.
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1902-06-06

Guy Owens left his borse and buggy
in front Of Harmony Hall. while at
tending a meeting, last night. and some
one drove away with the rig Up TO
late hour IL had not been found.
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1902-06-06

Ernest Thrum, who has been lying
seriously i'll for the past week. was
very low last night.
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1902-06-06

able under our statutes. and this case
were before US on appeal. or. if the
statute required the court in adjudginS
contempt to explicitly set forth all
intermediate necessary findings upon
which the final judgment is based, the
result might perhaps be different. But
in the absence of such findings or of an
affirmative showing of want of jurisdic-
tion either by the record or by matter
outside OF the record. the Judgment
cannot be set aside in collateral pro-
ceeding.
The fact that all three Judges OF the
Circuit Court sat at the hearing OF the
contempt case does not make the pro-
ceedings void Whether they might
properly all sit as court. IL is un-
necessary to say. For although dur
ing the earlier stages of the hearing
they seem TO have regarded themselves
together as constituting the court. yet
the part that the Judges other than
the presiding Judge took was unimport-
ant and was joined in by the presiding
Judge. and before the end of the case
the view was apparently taken that the
two former were there in an advisory
capacity only, and the presiding Judge
alone finally pronounced Judgment in
form as if he alone constituted the
court.
The case as whole presents many
fertile themes for comment. but it is
unnecessary to discuss them.
The petitioner is remanded to the
custody of the High Sheriff.
Smith & Lewis and Andrews. Peters
& Andrade. for the petitioner.
George a. Davis. contra.
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1902-06-06
DISSENTING OPINION OF
PERRY. J.

The petitioner was sentenced TO i'm
pris0nment for the term of thirty days
for an alleged contempt OF the Circuit
Court of the First Circuit and then
brought this petition for a writ OF ha-
beas corpus TO determine the legality
of such sentence and commitment.
Many questions are presented.
One Mccarthy was tried in the Cir
cult Court upon a charge of mayhem.
The Jury returned verdict OF guilty.
Thereafter. upon motion Of counsel, the
court discharged the defendant on the
ground that there is no such crime
known to our law as mayhem This
was on March 5. 1902. on March IL,
Mccarthy was arraigned before the
same court on a charge of assault and
battery based on the same acts, and
the trial was begun. In its issue OF the
day following and while the trial was
still pending and the case undetermin-
ed. The Pacific Commercial Advertiser.
a newspaper printed and published in
this city. OF which newspaper the pres
.nt petitioner was then the editor, con-
tained n certain cartoon and certain
printed words said 10 be OF and con-
cerning the Hon. George D. Gear, who
was the Judge presiding at the two
trials referred to. One OF the attor-
news for the defendant on the day dast
named presented to the court a motion
or affidavit praying that the editor OF
The Advertiser be cited to appear and
show cause why he should not be sum
lnarily punished for contempt Of court
charging in the affidavit that the ed
tor did make and publish for circu-
lation an insulting. contemptuous. con-
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1902-06-06

John Hassinger was reported in . low
condition last night.
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1902-06-06

CONTINUED on Page -
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1902-06-06

deemed TO act in an advisory capacit
only"
The Western news. [volume] (Stevensville, Mont.) 1890-1977, 1902-05-07
An Ingenious Girl.

An ingenious girl who wanted extra
pin money used her large acquaint-
ance list to further her desire. She
collected the names and addresses of
all the engaged girls that she pos
sibly could from her friends and their
friends, giving nominal sum pre-.
sumably as a joke to the accommo-
dating individuals. When she had coll
lected a large list of brides-to-be, she
visited shops where the proprietors
were apt to be interested in furnish
ing trousseaux and bridal fixings gen.
orally and sold each name and address
for certain sum. Evidently the ar
rangement was satisfactory, but the
engaged girls must have been sur
prised to receive catalogues from
firms known and unknown to them,
setting forth their specialties in the
way of requirements for the ordinary
bride.
The Western news. [volume] (Stevensville, Mont.) 1890-1977, 1902-05-07
State Board Investigate
The Spotted Fever.
Propose to flake Systematic Effort
to Stamp Out Malady.

The members Of the State Board of
Health are spending the week in the
valley investigating the spotted fever
situation concerning which the most
alarming reports have been dissemi-
mated abroad. DR.. Longeway Of Great
F alls, DIR. Swain Of Helena, DR.. Trap
hagen of Bozeman, Prof. Emil Stare
of Helena, and Commissioners. J. A..
F erguson of the Bureau Of Labor and
Agriculture, comprise the party.
Secretary Longeway of the board
stated to the Western News that it is
the purpose of the board at this time
to gather all the information possible
bout the matter.
The members are interviewing the
ply sicians of Ravalli and Missoula
CO unties and collecting every scrap Of
data that may tend to throw any
light on the mysterious malady. They
will also visit those localities where it
is said the disease is most prevalent
and examine into the sanitary condi-
tions and test the water, soil, etc.
Prof. Starr and DR.. Swain are both
expert bacteriologists and if they
have opportunity wilt make micro
scopic test of the blood Of some patient.
The board will continue these investi-
cations as outlined above all this
summer, and next spring If it il
deemed necessary will employ some
emine mt pathologist to make study
of the disease, as to its cause and the
best remedies to use.
The Western news. [volume] (Stevensville, Mont.) 1890-1977, 1902-05-07
r. Mercer Morrison
Fugitive From Justice
Wrecks q Prosperous Business In
Missoula and Joins Hamilton
Colony In Canada.

John Campbell of the Bitter Root
Orchard Co. received word last Satur-
day that r. Mercer Morrison, who was
manager OF confectionery and fruit
store at Missoula, owned principally
by Mr.. Campbell, had abscounded,
leaving for British Columbia last
Tuesday. Mr.. Campbell had S115O
invested in the business and is liable
for about $140O in outstanding
obligations. Only small and de-
pleted stock remains to offset. Inves-
tigation discloses that Morrison s
stealing had been going on ever since
the business was started. Mr.. Camp
bell has assigned the business over to
H. F. Cook, and Attorney McCulloch
is in Missoula today looking after his
interests.
Mr.. Campbell is not the only suffer
er. Morrison owed two notes in Ham
ilton, one for $3.50 in favor of Chas. H.
Donavan and another for $500 in favor
Of Ravalli County Bank and which
was indorsed by A. L. Bank, F. H.
Drin kenberg and w. A., Strange.
Morrison, while here was employed
by ]. W. Nelson as cashier and book
keeper He was very active and prom
inent in church matters.
The Western news. [volume] (Stevensville, Mont.) 1890-1977, 1902-05-07
Death Of VIM. Steib Sr.

William Steib ST., died May LIST at
8 a. m. at the home Of his daughter,
Mrs. Josh Pond. He had been i'll for
several months. Diabetes was the
cause of death. He is survived by a
widow and four children and who are,
VIM. Steib Jr., Mrs. Josh Pond and
Miss Elsie Steib of this city, and Mrs.
Joe Ray, of Lexington, Kentucky.
The funeral was held Friday from the
Pond home on Eighth street anc was
largely attended. Rev. J. A. Martin
conducted the services.
The deceased was born at Bingen on
the Rhine, February 10, 1928, and
came to America fifty-seven years
ago, locating at Amboy, N. Y. He
came to Hamilton in 1896. He was
highly respected by all and his be.
reaved ones have the sympathy of the
entire com munity.
The Western news. [volume] (Stevensville, Mont.) 1890-1977, 1902-05-07
HAMILTON MONTANA. WEDNESDAY. MAY 1902

nard ]. Smyth, 40 acres near Corval-
lis; 500.
Deed-Louise Hageman and hus-
band to T. B. Owings, lots S, 6, 2 and
8, block - Rivervlew; 81.
Deed-County Treasurer to Frank
II. Drinkenbcrg, lots S, s. z, block z;
lots is, l9 and 20, block S; lots and
18 in block II and lot 19, block 10,
Riverview; S11.42.
Deed-Edward A. johnson and
James H. Dunbar to Duncan Mcleod
lot /, block 6, Ri verview; 500.
Deed-Michael Kirchner and wife to
William J. Fowler, two acres west Of
Victor; $50.
Deed-Victor Townsite Co. to Emily
J. White, lots 18 and 10, block 3.
Victor; $50.
Patent-United States to J. l.
Humble patent to "Sunset," Fisher
'Klondike, '"Third I,eal, ""Florence'
placer mining claims, Hughes Greek
Patent-United States to ]. L
Humble, r. w. Martin and Edward
A. Wolfe patent to "Hecla" placer
mi ming claim.
The Western news. [volume] (Stevensville, Mont.) 1890-1977, 1902-05-07

The editorial department of the Re.
view Of Reviews for May gives an ex.
cellent summary and exposition of the
various measures before Congress.
There are also illuminating para
gr aphs on foreign politics-the French
elections, affairs in the far East, and
the Sonth African situation, with dis
eliminating comment on the career of
Cecil Rhodes and the purpose and
probable results of his remarkable
benefactions.
The Western news. [volume] (Stevensville, Mont.) 1890-1977, 1902-05-07
plaintiff and also has failed to pay her

plaintiff and also has tailed to pay her
any sum of money whatever. But
denies that she is or has been compe-
tent to marry or contract to marry,
alleging, upon information and belief,
that her divorce from Elias S. Wilcox,
her husband, is faulty and null and
void, claiming also that she is of inn
moral character, calling her sanity
likewise into question, and declaring
it to be his belief that this action for
$4,000 damages is brought through
malice and revenge.
Following this, the defendant sets
up counter claim for $3.50 damages.
One night last August Mrs. Wilcox
was in Missoula and wished to have
service of summons in this action on
Mr.. Blindauer in Missoula county.
Accordingly she called Mr.. Bl,ndauer
up on the phone, pretending she was
the wife of his brother, Val Blindauer,
of MiSsoula, and told him Val was
sick with pneumonia and wished to
urally it was expected that Matt
would take the morning train for
Missoula. But he, impatient to get
to the bedside of the supposed-sick
man, took team and at once drove to
Missoula, where he discovered the
hoax that had been played upon him,
his brother being perfectly we'll, not
having been sick at all. The constable
who met the Bitter Root train that
m orn ing, expecting to serve the sum
mons on him, failed to find the man
he was looking for. The ruse mis-
carried and now damages are claimed
because of the needless cost and
expense to which he was put, as well
as loss of time, and mental suffering
and anguish.
The Western news. [volume] (Stevensville, Mont.) 1890-1977, 1902-05-07

Bills and Ordinances-Burns, Tros-
dahl, Howley.
Contracts and Trosdahl,
Peterson, Page.
Town Property-Peterson, Howley,
Burns.
The council then proceeded to the
election Of president of the council.
Alderman Page nominated Alderman
Geo. H. Taylor of the second ward
and he was unanimously elected to the
position. The council then adjourned
to meet in special session on Wednes-
day night for the purpose of approv-
ing the bonds of appointive officers.
Treasurer Fisk's bond is fixed by
the ordinances at 5000 and the bond
of the city marshal IL in the sum of
$1,000. None of the other town officials
are required to give bonds. The ap'
pointive officers have all assumed
their new duties.
The Western news. [volume] (Stevensville, Mont.) 1890-1977, 1902-05-07
ROYAL MascOtn.

Most of the sovereign houses of Eu-
rope possess one or more relics which
they regard as mascots. The house Of
Bonaparte possesses the boots and lit
tie hat of Napoleon 1. The Hohenzol-
lerns preserve piously the gray leather
breeches worn by the Burgrave Fred
eric when he entered his marquisate
of Brondenburg. There is also at Sans
Sousi the cane which Frederick the
Great carried at the battle of Ros-
bach. The Romanoffs cherish the car
penter's tools of Peter the Great, and
the fetish of the Hapsburgs is the
shoe which the horse Of Count Rudolph
cast at the moment when the envoys
from the reichstag announced to him
his election as German emperor.
The Western news. [volume] (Stevensville, Mont.) 1890-1977, 1902-05-07
Irrig alton bitches In the Bitter Root.

Missoula, April 28.-Prof. Fortier,
of the State Experimental Station at
Bozeman, was in the city yesterday
enroute to Butte from the Bitter Root
valley where he has been for the past
four days making some experiments
with the measurements of irrigation
bitches in the upper Bitter Root val
ley. Two years ago the State Expert
mental Station began some expert
meuts of measurement of water used
for irrigation purposes on the Bitter
Root farm and continued the same last
year. This year they expect to con-
tinue the experiments on a more ex-
tensive scale, measuring the water
u sed for irrigating purposes in all of
the upper Bitter Root valley as well
as the flow of water in the Bitter Root
river, having placed guaging station
bove Grantsdale for that purpose. 1t
was to install this gauging station
that Prof. Fortier made the present
vi sit to the valley. It is the intention
of the experimental station to take
daily measurements of the water
flowing in the Bitter Root river all
during the summer season this year,
also to measure the water that is used
in the various irrigation canals in that
valley, to the end that it can be deter
mined how much water it takes to ir-
rigate certain number of acres OF
land, also to form an estimate on just
how much water is flowing in the
river, to the end that it can be deter
mined how many acres can be irrigat.
ed from that stream. It is an easy
matter to estimate the number o.
acres of land in certain valley tha
can be irrigated, but it 10 ret an un
The Western news. [volume] (Stevensville, Mont.) 1890-1977, 1902-05-07

known question as to how many acres
can be irrigated from stated stream
OF water and it is to this end that
these experiments are being made in
several parts of the state.
Professor Fortier will spend much
time in the Bitter Root valley this
summer looking after these expert
ments and states that on his next trip
he will probably 20 over the new
Grass Valley French irrigating ditch
and the land that is to be irrig ated by
the same.-Miuer