davidaulloa/AmericanStories huggingface dataset:
The Tucson citizen., 1902-10-01
When n Man Weighs Less.

A man weighs less when the barome-
ter is high. Notwithstanding the fact
that the atmospheric pressure ON hilr
is more than when the barometer IS
low. AS the pressure of air on an
ordinary sized man is about fifteen
tons. the rise of the mercury from
twenty to thirty-one inches adds
about one ton to tie load he has 10
carry,
The Tucson citizen., 1902-10-01
CARRIAGES. CARRYALLs.

u. 5. Valencia has changed his car
Tfage stand from West Congress street
to the corner of Congress and Stone
Rgemue, at Alex Rossi's saloon, where
he can be found at all hours, or by
calling up number 661. 1 mo,
The Tucson citizen., 1902-10-01
STOCK REDUCTION SALE.

Owing to the preparations we are
making to move to our Congress street
KGe&4ion, we will sell all harness, sad
dies buggies and wagons at greatly
sse&aoed prices until September 1.
F. J. VTLLAESCUSA,
110 s. Meyer Street.
The Tucson citizen., 1902-10-01
BUY AT HOME.

Pease Novelty Co. will save you
freight on typewriters, slot machines
&@n all kinds of automatic machines
For sale or for rent. AZ Court
aGFeet, Tucson, Ariz. Phone 2281.
The Tucson citizen., 1902-10-01
LOOK OUT FOR FEVER.

Biliousness and liver disorders may
be prevented by clansing the system
with DeWitt's Little Early Risers.
These famous little pills do not gripe,
they move the bowels gently but co
piously, and give strength to the
glands. At Bells Pharmacy.
The Tucson citizen., 1902-10-01

Only one remedy in the world that
will at once stop itchiness of the skin
in any part of the body. Doan's Oint-
n"nt. Al any drug store so cents.
The Tucson citizen., 1902-10-01

C. A. Stevens, the old reliable express
-MEan, has returned after years rest
and gecuperation on the coast. He
A&s bought his old business, and can be
GOamd at the People Store Prompt
attention will be given to all work left
EIn WRy care.
The Tucson citizen., 1902-10-01
WANTED.

A. few good men for street car con-
S8wcrors. Apply to
CHAS. A. HOFF, Secretary.
G9 No. 50 S. Stone avenue.
The Tucson citizen., 1902-10-01
OUT OF DEATHS JAWS.

When death seemed very near from
a severe stomach and liver trouble that
had suffered with for years" writes
gp Muse, Durham, NJ c., CDR. Kings
New Life Pills saved my life and gave
perfect health Best pills on earth
Hu6 only 25c at all druggists.
The Tucson citizen., 1902-10-01
HORSE PASTURE.

First-class alfalfa, $500 per month
at the Allis ranch. Horses called for
and returned Drop a card
tf w. w. ALIIS.
The Tucson citizen., 1902-10-01
ARIz0Nh NEWS
VIEWS AND GOSSIP.

The grade connecting the Bisbee line
and the Ell Paso & Southeastern main
line, to obviate the switch at Don
Luis, will soon be finished The task
is quite an undertaking and necessi-
tates a curved bridge III the center of
the grade.
The Tucson citizen., 1902-10-01

Mrs. Addie Griffith, at 26 North
Stone avenue, is receiving some hand
some pattern ht is from the east, ?9-i
The Tucson citizen., 1902-10-01

Nave your painting and paper hang
Eng done by G, V. Rinehart Shop, 81
E. Broadway. Charges reasonable
The Tucson citizen., 1902-10-01

a boon to travellers. Dr. FowIer's
ExGraet of Wild Strawberry. Cures
&Hysentery( diarrhoea, seasickness, anu
sea Pleasant to take. Acts promptly.
The Tucson citizen., 1902-10-01

For repairing OF 1lne watches AND
jewellery go TO IL. @. Cspo's. Every
watch is guaranteed. Only drBt-class
work turned cut
The Tucson citizen., 1902-10-01

Public announcement was made a
few days ago of the purchase of the
Congress gold properties of Congress,
Arizona, by the Development Com
pany of America. The consideration
has not been announced.
The Tucson citizen., 1902-10-01

What is home without :
The Citizen.
The Tucson citizen., 1902-10-01

About the middle of next week Gov
ernor Brodie will go to Yuma for the
purpose of visiting the prison there and
making a personal investigation of the
need of a levee to protect those who
own overflow land along the Colorado
river below Yuma.
The Tucson citizen., 1902-10-01

Sheet Music at Browns.
The Tucson citizen., 1902-10-01

The approximate gross earnings of
the whole system of the Mexican Cen
trail railroad, during the third quarter
of the current year were $340 486. 90,
as against $266,701,00 for the same
period in 1901, showing an increase of
$73,7S5.OO
The Tucson citizen., 1902-10-01

A fire has broken out below the 800
foot level of the McCabe mine, near
Prescott 1t is looked upon as very
serious, and will result in the closing
of the mine.
The Tucson citizen., 1902-10-01

Latest stationery at Browns.
The Tucson citizen., 1902-10-01

oat raising is becoming an important
industry in the Gila valley. 1t is said
that between $1,000 and 10000 well
bred goats are owned by persons re-
siding between Stafford and Bryce. and
range in the foothills on either side of
the valley.
The Tucson citizen., 1902-10-01

The Phoenix Street Railway COM
pany has ordered complete new
power plant for that city "A fine Cor
liss engine improved machinery and
motors and everything will be up to
date
The Tucson citizen., 1902-10-01

A most remarkable discovery is re-
ported in the San Pedro valley, along
the proposed line of the Phoenix &
Eastern railway. 1t is an immense
deposit of manganese, which is rarely
found in it's native state. and is usu-
ally obtained by extraction from man
ganese-bearing ores.
The Tucson citizen., 1902-10-01

The petition circulated in Graham
county by the citizens of Stafford ask
ing that an election be ordered for the
removal of the county seat from Solo
knoxville to Stafford was presented to
the board of supervisors recently. The
law requires that when a petition is
presented to the board signed by quail
ified electors equal in number to one
fourth of the votes cast at the last
preceding election, and representing
one-third of the taxable property as it
appears on the last assessment roll of
the county asking for county seat
removal election. the board shall order
it. The petition was presented by
Colonel William Herring. of Tucson, as
counsel for the residents of Stafford,
and contained the names of 800 elect
ors of the county, and the total prop
erty representation was 81 ,165,320
The Tucson citizen., 1902-10-01

Two new locomotives passed over the
S. P. the other day. going to Guaymas,
consigned to the Kansas City, Mexico
& Oriental railroad. They were the
old-style wood-burners. From Quay
mas they will be transported to Port
Stillwell Sinaloa
The Tucson citizen., 1902-10-01

The Yaqui Indians of Sonora, Mex
leo, have refused to accept the decree
of the government, which confscates
their lands and declares them open to
settlement.
The Tucson citizen., 1902-10-01

Beginning today, the carrier service
of the Phoenix postofice will be en-
tirely redistricted, owing to the addi-
tion of a fifth regular carrier. The
business part of the city will profit by
the change to the extent Of at least one
additional delivery and an additiona,
mail collection about noon. Two foot
carriers have been assigned to the bust
ness section. The principal residen-
tial section will be served by two car
riers on bicycles. The fifth carrier
will be provided with wagon and viii
serve the suburbs, commencing at the
Capitol, his route including Capitol
University, Simms, Brill and Dennis
additions.
The Ellensburg dawn. [volume] (Ellensburg, Wash.) 1898-1914, 1902-06-21

Work on the band stand is progress
ing nincely.
Mrs G.. l.. Collins, we are glad to say
is convalescing nicely.
The normal students left Thursday
for their respective homes.
Mrs. Dan Thiery Bremcrton, came
over this week to visit her parents, Mr..
and Mrs. Russ Evens.
Mr. and Mrs. w. l.. Splawn of Iaki-
ma, are in the city this week visiting
relatives.
The Lavetas bali team of Seattle will
play the Ellensburg team Sunday after
noon at 3o'clock.
Mrs. Oscar Salycs and daughter Alta
left yesterday for Olympia where they
expect to spend the summer.
An apron and handkerchief sale will
take place at the church in Thorp ON
Monday evening July 18th. Every lady
in that vicinity is asked to donate. lee
cream will be served.
Dean Ebert is the happie,t man in
South Kittitas. On the 14th II young
man arrived at his house and he came
to stay provided Dean would allow him
to call him papa. Dean was 80 full OF
10y he hired two men to set up with
him for two or three nights.
1t is said the best fed man in kittitas
county is Il. \. Baker, the rural de-
livery man. Every farmers wife and
daughter along the line puts pie and
cakes, wberrics, apples, etc, in the
boxes for the carrier. Some of his sub
jectS not long since said he was slow or
sleepy, which was certainly Il puzZler
to his many friends, but on learning OF
how he was being fed, they no longer
wonder. The only wonder now is how
long will he continue to receive such
generosity.
The Ellensburg dawn. [volume] (Ellensburg, Wash.) 1898-1914, 1902-06-21
Council Proceedings.

The city council at its meeting last
Monday evening passed resolution
requiring all persons using electric
lights to pay for the same on or before
the 10th of each month in advance and
those in arrears to pay 20 per cent OF
the back account. In case of failure to
comply with the above the lights will
be shut off and fee of % cents will be
charged for turning them on again.
A petition was presented carrying Il
subscription Of $50 for the Improvement
of lower Main street. The council in
Structed the street commissioner to eX =
pend 800 for the city in the improve
ment.
The finance committee reported hay
ing examined the account, Of the city
clerk up to Jan. |, 1902 and found them
to be correct.
Hugh Galloway was appointed deputy
marshal to collect the poll tax.
Miss Pearl Levcrich. who has been
attending school at Tacoma arrived
home Thursday evening.
The Ellensburg dawn. [volume] (Ellensburg, Wash.) 1898-1914, 1902-06-21
Birthday Party.

Last Tuesday evening Miss May Per-
ny celebrated her fourteenth birthday
anniversary and was assisted on that
happy occasion by II number of her
friends. The evening was spent at
various game, and enjoyed by them as
young people only know how. Lunch
was served and the friend, left for May
many beautiful presents As tokens OF
their esteem. Those present were Mas
tiers. Charles AMI Herbert Dickson.
Chas. Holland. Dick Geldi-, Leo Muel-
Ter. Claude Bartholctt, Martin McaGh-
ers and Joe Price. Misses Pernina
Bridges. Grace Gore, Grace Wheeler,
Maude Book and Ruby Price.
The Ellensburg dawn. [volume] (Ellensburg, Wash.) 1898-1914, 1902-06-21
Municipal Society.

At the meeting Of the Municipal So
cicty, Tuesday afternoon in the parlors
of the Grand Pacific, it was decided to
buy the northeast corner Of block 20, OF
the original townsitc, and Mrs. Murray
was instructed to close the deal that
same afternoon. 1t was also decided to
build band stand on the lot and the
contract was let to Isaac Mumma. 1t is
hoped that in time, with assistance Of
our citizens, to obtain the balance of
the block and convert it into II public
square. The Society would be glad to
have suggestions from the public.
Our delegate to the state Federation,
Mrs. Morgan, gave an able report with
many good suggestions.
The Executive board, consisting of
Me5damcs Weed, ElwoOd ana a. c.
Stcinman, were chosen for the ensuing
year. Mrs. ID. {. CLARK,
Secretary
The Ellensburg dawn. [volume] (Ellensburg, Wash.) 1898-1914, 1902-06-21
Sunday Ball Game.

The hired team of ball tossers for
Yakima, backed by about 80 rooter-,
came up Sunday to fan out, so they
said, the Ellcnsburg team, but when
game was over, they learned they had
been playing ball with real. genuine
team. The Yakima boy, diSpoced of
bic lot of hot air, but when called on to
put up their pockets proved to be
empty or their better Judgment told
them to Keep what they had safely,
rather than take chances OF course,
Yakima, team did well, considering
the odds against them, but they knew
from the start that they were doomed
to defeat. or at least, they were not at
all sauguin enough to bet any money on
their boys. The score stood l. to ~ IL
favor of Ellensburg,
The Ellensburg dawn. [volume] (Ellensburg, Wash.) 1898-1914, 1902-06-21
$Ioo Reward, $Ioo.

The readers of this paper will be pleased to
learn that there is at least one dreaded disease
that science has been able to cure in all its
STAGES and that is Catarrh. Hall Catarrh Cure
is the only positive cure now known to the mcd-
cal fraternity CatSrrh being conStl tutiOnal
disease requires constitutional treatment.
lIull'> Catarrh Cure is taken internally. acting
directly upon the blood and uIucuS surfaces Of
he system. thereby destroying the foundation
of the disease. and giving the patient strength
ny building up the constitution and and assist
ing nature in doing its work. The propricturN
have 80 much faith in its curative powers that
they offer one hundred dollars for any case that
it fails to cure. send for list of testimonials
Address f.. j. CHENEY CO.. Toledo, OHIO.
Sold by druggists zoe.
Halls Family pins are the best.
The Ellensburg dawn. [volume] (Ellensburg, Wash.) 1898-1914, 1902-06-21
Ellensburg VS.. Everett.

The ball game ON Tuesday afternoon
between the home team and that OF
Everett resulted in victory for the
home team by score of to }. The
game was the finest exhibition of ball
playing ever witnessed on the ground
here, being full of brilliant plays by
both teams. Mckay did the pitching
for Everett and Schroeder for Ellens-
burg, both doing splendid box work.
The home team won without playing
its half of the ninth inning.
The Ellensburg dawn. [volume] (Ellensburg, Wash.) 1898-1914, 1902-06-21
Saved from an Awful Fate.

"Everybody said had consumption"
writes Mrs. \. NJ. Shelds,of Chambers
burr. Pa, II was 10 low after six months
of severe sickness, caused by hay fever
and asthma, that few thought | could
get well. but learned of the marvellous
merit of DR.. Kings New Discovery
for consumption. used it and was com
pletely cured" For desperate throat
and lung diseases it is the safest cure
in the world, and is infallible for coughs
colds and bronchial affections. Guar
anted bottles SOC and Sl.00. Trial bot
ties tree at Elwood's drug store,
The Ellensburg dawn. [volume] (Ellensburg, Wash.) 1898-1914, 1902-06-21
Filthy Temples in India.

Sacred cows often dciile Indian tenn
pies, but worse yet is IA body that is pol
uted by constipation. Don't permit it.
Cleanse your system with DR.. Kings
New Life Pills and avoid untold misery
They give lively livers, active bowels,
GOOD digestion, fine appetite. Only 25c
at tlwood's drug store,
The Ellensburg dawn. [volume] (Ellensburg, Wash.) 1898-1914, 1902-06-21
Happy Time in Old Town.

1--WE felt very happy writes II. n.
Bevill, Old Town. Va, when "I}uck
lens Arnica Save wholly cured our
daughter of bad case of scald head. :"
1t delights all who use it for cuts cornS
hurns. bruises. boils, ulcers. eruptions
InfalIbe for piles. Onln 25c at FL
woods drug store.
The Ellensburg dawn. [volume] (Ellensburg, Wash.) 1898-1914, 1902-06-21
Advertised Letter S.

The following uncal'ed for letters re-
main in the Ellensburg postoilice, for
the week ending June 81 1902
Martin. J. G., Smith. Violet. Miss
George. Roe, Rodgers, NJ. Mrs. Craig.
w. r., McCuen. Ella Mrs, Al,bu"y,
w. H.. Mcllvaine, Walter, Miller,
Alice Miss.
O HUMAN, =. NJ.
The Honolulu republican. [volume] (Honolulu, T.H.) 1900-1902, 1902-01-14
Written by Galbraith.

The opinion OF the Court is written
by Associate Justice Galbraith and is
as follows:
An order Of this Court remanding
an equity cause to a Judge of the
Circuit Court with direction TO re
Ceive evidence on an issue raised by
amended pleadings filed after the
close of the original hearing before
said Judge. and in support of which
evidence was offered and rejected.
does not direct a new trial. and is
not within the inhibition of Section
81 of the Organic Act disqualifying a
Judge from sitting ION an appeal or
new trial. in any case, in which he
may have given a previous judg-
ment.'
\ petition and application was pre-
scented to this Court for a pre-emptory
writ of mandamus against the First
Judge of the First Circuit Court com
handing him TO proceed with the
hearing of certain suit in equity
remanded to him for further proceed
;ngs by order of this Court An order
to show cause was issued returnable
the first day of the present session.
The respondent appeared and inter
posed a demurrer alleging that the
petition does not state a cause of &C
ton
The Honolulu republican. [volume] (Honolulu, T.H.) 1900-1902, 1902-01-14
TramWayS Time Table.
klNG-STREET LINE.

Cars leave Waikiki for Town at
5.i5, 6:15. Gas a. m, and every Is
minutes thereafter till 10:45, 11:15
and 11:45 p. N. from Waikiki 90 to
the Punahou Stables.
Cars leave Rife Range or Pawaa
switch for Town at SIS a. m. and
every 10 minutes thereafter till HOS
p. N.
Cars leave Fort and King streets
corner for Palama at e:I0 a. m. and
every Is minutes after till 11:25 D. m
Cars leave for Palama only at 5
and $50 a N.
Cars leave Palama for Waikiki al
5:i5 a n and every Is minutes till
s:45 p N, then az 1918 and 1O:45
p. m The 11:15 D. N. from Palama
for Punahou only goes TO Waikiki on
Saturdays.
Cars leave Fort ard King streets
corner for Rife Range at $50 and
$50 a. m
Cars leave Fort and King streets
corner for Waikiki at sos a. m. and
every Is minutes till 1905 D. m. then
at 1898 and 1905 p. m. The 1888
D. m. goes TO Waikiki on Saturdays
only
The Honolulu republican. [volume] (Honolulu, T.H.) 1900-1902, 1902-01-14
The Petition's Allegations.

It is alleged in the petition that
the petitioners heard by the said
First Judge of the First Circuit
Court. that from the decree rendered
therein an appeal was perfected to
this Court and a decision rendered
November s. 1901. (ante PIP. GAL to
65i) wherein the decree appealed
from was reversed and said cause
was remanded TO the Judge of the
Circuit Court of the First Circuit
with instructions 10 receive such
evidence as may be offered under the
amendments to the pleadings consist
ent with the foregoing views as may
be proper that the respondent set
aside cause for hearing in pursuance
of the direction of said mandate:
that on the day set for the hearing
the respondent suggested his dis
qualification and want OF Jurisdiction
10 hear said cause and after argument
decided against his jurisdiction and
declined TO proceed: that there is no
other Judge of the First Circuit Court
now in said circuit except the respou-
dent: that his refusal TO proceed with
the hearing is a denial of a clear.
legal and existing right and one that
cannot be enforced in anv other man
ner than that sought in this proceed
inc
The Honolulu republican. [volume] (Honolulu, T.H.) 1900-1902, 1902-01-14
ADVERTISED LETTERS.

Remaining in the Honolulu Postoffice
Up to January II. 1902.
The Honolulu republican. [volume] (Honolulu, T.H.) 1900-1902, 1902-01-14
esRETANIA STREET AND Nuu
ANU VALLEY.

Cars leave Punahou stable for Town
at $50 and for Town and Waller al
$40. $50, 6,I0. $40. $40. and I: 20
3 n.
Cars leave Oahu College Cor Town
and Valley ar $50. $50 and 7:I0 a.
N ana every 10 minutes till 1910
D. m. except the even hour and half
hour cars which run from the Stable
Cars leave Nuuanu Valley a. $40.
$50. so a m. and every 70 minutes
thereafter Til 1850 p m.
Cars leaye Fort and Queen streets
FOR Punahou College az sos. e:25.
s;45 & m. and every 10 minutes after
Ill s:45 p. N After that the cars
run 10 the Stable Up 20 1905 D. n.
which IS the last car from TOW
reaching the Stable az 1850 0. m
The Honolulu republican. [volume] (Honolulu, T.H.) 1900-1902, 1902-01-14

When calling for these letter please
ask for Advertised =
JOS NJ DAT, Postmaster.
The Honolulu republican. [volume] (Honolulu, T.H.) 1900-1902, 1902-01-14

previous Judgment. T. e. the one
sPqezled from in that cause. he has
n4poEer 10 proceed as directed IN
t1eEnaHdate- The language OF the
0Asznie Act Is plain. uazmbiguoas
ard mandatory. No judge can sit on
mex trial OF zny case wherein he
has rendered q previous Judgment
II the mandate directs a new trial
then the contention OF the respondent
Is correct and ne Is without jUrisdic-
ton and cannot proceed
VIA. the Manea,e Directs.
II is eontended for the petitioners
that the mandate does not require or
contemplate a new trial but only
reefs the completion and perfection
Of the trial had AT the former hear
ing The hearing OF evidence on new
issues raised by the amended plead
ings and not q rehsaring OF tne IS
sues on which evidence was rsceiv-
cd; that the decree appealed from
was not heard on its merits. that IL
was reversed on a motion based on
the ground that the trial had not
been complete and that the term
new trial" in the legal and technical
use Of the term is never applied 10
equity cases and that for this reason
the disqualification OF the Organic
Act does not apply TO this case.
Definition of a Trial.
4 trial is defined as the examina-
ton before a competent tribunal. &C
cording 10 the laws of the and. of
the facts put in issue in a cause. for
the purpose OF determining said is
sue" B0uvier's l. D. A new trial
is "a denomination OF an, issue in
fact before court and jury. which
has been tried at least once before
the same court" Bouvier's L. D.
A reading of the opinions referred
TO will show that the cause was re
manded not Ito retry an issue or
issues that had been tried by the
respondent but TO try an issue that
he had refused TO try: that retrial
of the entire cause was not contem-
plated nor expected by either the
court or the counsel employed in the
cause and that a trial-the examina-
tion-of a fact or facts put in issue
by the amended pleadings was ali
that the mandate directs The fact
that the decree appealed from was
reversed and another decree must be
rendered at the conclusion of the
hearing does not initiate against
this purpose Of the court for the
reason that it was necessary to re
verse the decree in order that the
cause might he re-opened for a fur
Their hearing on the new issue raised
by the amended pleading filed and al
lowed after the hearing had conclud-
ed. Another decree. either in the
same form or in different form and
substance covering all of the issues
tried will be necessary at the close
of the hearing directed.
New Trial Not Ordered.
We conclude that a new trial was
not ordered or contemplated by the
mandate and that the respondent is
not disqualified under Section 81 of
the Organic Act from hearing the
cause as directed by the mandate.
We do not deem it necessary in
this cause to pass upon the question
raised and discussed at the hearing
as to whether or not the phrase new
trial. is at any time applicable to
causes in equity.
Let the demurrer be overruled and
the writ issue as prayed in the peti-
ton.
W. F. FREAR.
C. A. GALBRAITH.
A. PERRY.
The Honolulu republican. [volume] (Honolulu, T.H.) 1900-1902, 1902-01-14
DECISION
IN KEW ALO
MANDANUS
Judge Humphreys Held TO be
Qualified to Hear New
Testimony.
GALBRAITH WRITES The OPINION
DEMURRER oYERRuLEO AND
WRIT TO ISSUE As PRAY
ed IN PETITION.
GlLBRllIH WRITES The OPINION

Case Now Goes TO First Judge OF the
First Circuit Court Who is -
Testimony Under the Amended
CompIaint-Decisio in Full.
The Honolulu republican. [volume] (Honolulu, T.H.) 1900-1902, 1902-01-14
\ Reliable Remedy fer Bowel Trou.

4 Reliable Remedy fer Bowel Trou-
ties.
Rev- J. ". Yi1gliEE- pastor OF the
Bedford s. II. z Church. Cumbsr-
land Ind L : A. says 1T af-
foris ne great pleasure TO recon-
mend ChauberiaIH-s Collie. Cholera
and DiarThoea Remedy. I have used
il and know others who have never
known IL 70 fan For sale by ali
dealers ard druggists Benson. Smith
K Co. agents for Hawaii.
The Honolulu republican. [volume] (Honolulu, T.H.) 1900-1902, 1902-01-14

The Supreme Court handed down a
decision yesterday in the matter OF
the application of Harvey R. Hitch
cock. Lawrence H. Dee. Harry l.
Evans, Charles j. Fishel, on behalf
of themselves and all other stCckhold-
ers in the Kamalo Sugar Company,
Limited, for writ OF mandamus
against Honorable 4. s. Humphreys.
First Judge of the Circuit Court Of
the First Circuit
The Honolulu republican. [volume] (Honolulu, T.H.) 1900-1902, 1902-01-14
W. F. FREAR.
C. A. GALBRAITH.
4. PERRY.

G. \. Davis. J. A Magoon, T. Nc
Giants Stewart and F. NJ. Hatch for
petitioners. Kinney. Ballou & Nc
Clanahan, Robertson & Wilder and
F. W. Hankey for respondent