davidaulloa/AmericanStories huggingface dataset:
Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1902-01-06

Governor Wells will receive his In
crease Of salary at the rate Of $4,000 IN
stead Of $1,000, from the state treasury
as provided for by the last legislature,
That is, he has arrears OF salary
amounting to $3.50 coming to him. The
Supreme court 30 decided In a peremp-
tory writ OF mandate which was issued
today. The writ was drawn by Justice
Baskln, and concurred In by Justice
Bartch and District Judge Morse, sit
ting for Chief Justice Miner who was
disqualified, did not sit in the case.
The Supreme court constructs the mean
ing Of the constitution to be that the
salaries OF state officers were fixed only
until otherwise provided by the law
In other words that the action Of the
legislature In raising the salaries OF
the state officers was not change"
In the meaning of the word used In
the constitution, which only intended
the salaries fixed therein TO be temper
airy salaries to stand until some state
legislature should fix stated amounts.
This, holds the court, has never been
done until the last Legislature took the
matter up and passed law authorizing
the Increase. But this being an accom-
plished fact no legislature can hereaf-
ter increase or decrease these salareis
so as TO effect the lnoumbents then In
office. This is the matter In a nutshell.
The effect OF the granting Of the writ
by the Supreme court will be not only
TO raise the governors salary from 81
900 to $4,000. The secretary will
get $4,000 instead Of 81 600 but
the auditor will get $1,000 in
stead OF $500 the treasurer will
get s.. 500 instead OF 1000, the attorney
general viii receive $1,000 instead OF
81 800, and the superintendent OF public
instruction viii draw 1880 instead OF
his present salary Of $500.
The only question involved was whe-
Their or no the law passed at the recent
session of the legislature should DO
construed 90 as 10 affect the incumbents
in office The court holds that II does
ON the reasoning that the salaries OF
state officers have never yet been fixed
II prsumea that when the legislature by
enactment, either implicitly or ex-
enactments, either implied by or ex-
pressly, CONSTITUTES provision Of a stat
ute or constitution In doubtful cases.
the courts win accept the legislative
construction, and enforce the provision
in accordance Herewith. n the ambigu-
Gus language OF the opinion Is such as
TO admit Of such construction.
The opinion being a matter In which
general interest viii be taken through
out this and other states Is published
In full below:
Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1902-01-06

graceful decision IN ruling on Friday
night that becanuse there was diyl-
sion there was no caucns He took
exception 10 a remark which he cred
tied 10 Calliser, that he (Dayeler) had
played the baby act. and plainly eX-
pressed himself that the collector was
not only a meddler IN matters which In
no wise concerned him, but that he was
also a falsiier
Cottrell replied that CalIister and
County Commissioner Anderson had
been unjustly accused Of going to un-
fair lengths to secure him the presl-
dency, The only used such effort as
any one would for political friend,
which he considered fair and legit-
mate
Soon after this Eardley proposed
that the Cottrell supporters hold a eau
Gus Of their own. which was done, as
stated above.
Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1902-01-06

I deliver to the relator, warrant OF
warrants for the unpaid balance OF his
salary as Governor alleged In the pc
tition to be due and unpaid, and for
which the respondent refused TO issue
TO the relator state warrant
The respondent demurred TO the pc
tition and alternative writ on the
ground that they failed to state facts
sufficient to constitute M cause Of &C.
ion or Justify the issuance of O peremp-
tory writ Of mandate.
1t appears from the facts admitted
by the demurrer that the relator was.
at the general election In November,
1900, duly elected Governor Of the State,
and that the term for which he was
so elected began on the first Monday
OF Januar" 1901, and that upon that
dav he duly qualified, entered upon
the duties OF his office and ever since
has continued to discharge the duties
of the same; that at the time he was so
elected and when he qualified and en-
tered upon the duties Of his office, the
salary OF the office Of Governor was
as fixed by Art. Z, sec. 20 OF the Consti.
tutinn, which Is, as follows.
THE governor, secretary OF state,
auditor treasurer, attorney general,
superintendent Of public instruction,
and such other state and district on
GERS as may be provided for by law,
shall receive for their services quar-
terly, compensation as fixed by law,
which shall not be diminished or in.
creased so as TO AFFECT the salary Of
any officer during his term, or the term
next ensuing after the adoption Of this
constitution, unless a vacancy occur
In which case. the successor OF the for
mer incumbent shall receive only such
salary as may be provided by law at
the time OF his election or appointment
The compensation Of the officers pro-
vided for by this article, until ether
wise provided by law, Is fixed as fol-
lows; Governor, two thousand dollars
per annum, etc That the salary Of the
governor, so fixed by said section OF the
constitution was not otherwise fixed b.
law during the term ensuing the adop-
ton OF the constitution, but by an act
Of the legislature, approved by the gov
ernor on March IA, 1901, ans which went
into effect on the following May the
salary Of the governor was fixed al
1900, That nct In form In as follows.
All tti AlN 1tiiatlNN VI w Ah.i
state officers. and providing for pay
ment thereof.
"Be II enacted by the legislature Of
the state OF Utah
Section /. Salaries OF Certain OIL
GERS Fixed-The annual salaries OF the
following state officers are hereby fixed
as follows: Governor, four thousand
dollars; secretary OF state, three thou
sand dollars; state treasurer, fifteen
hundred dollars state auditor, two
thousand dollars; attorney general, two
thousand dollars; state superintendent
of public instruction, eighteen hundred
dollars.
Sec. 2. To be Paid Quarterly The
salaries OF the state officers In section
one specified shall be paid quarterly
ana the state auditor shall draw his
warrant upon the state treasurer at the
end OF each uarter for the amount OF
salary due each OF such officers"
BY an act approved March 2s, 1901,
Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1902-01-06
VISITED BY CONTRACTORS.
Father Coming From California -
Lien ON His Home.

Mortensen, the alleged murderer, has
been very busy man today In add
ton to his work on his books and 40
counts, he has had visits from sub-oon-
tractors, carpenters and plumbers VINO
are doing work on Jobs he undertook
before mis- arrest. The work is now go
ing ON under his direction. despite his
Imprisonment, and the many other OBJ
staoles In the way His men call at the
jall for instructions and they are pei
n.tted to see him.
Mortensen learned today that his
father was coming from San Francisco
and would be with him before the end
OF the week. This news seemed to cheer
the man great deal and he expressed
satisfaction over II,
The knowledge that he Is IN danger
OF losing his home does not seem TO
worry him IA the least. Notice OF d
lien on the place 10 secure debt OF
1853 for lumber furnished by the Pa
cl0c Lumber company has been filed
by the firm OF Bachman & Whitaker, lt
Is claimed this lumber was used in
the construction Of Mortensen's house,
and that is the part Of the $500 debt
which the accused says he paid 10
James r. Hay on Monday night, De-
cember 10th,
Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1902-01-06
SPRINCVILLE WATERSHED.
Rep. Sutherland Receives Petition and Maps for
Forest Reserve Of Same.
Introduces n BiIl Granting n Pension
To Mrs. Martha @. Young, Mother
OF John q. Youag.
Especial to the News. y

Washington, d, c., Jan. 6--Repre-
sentative Sutherland has introduced a
bill granting q pension at the rate OF
s25 per month to Mrs. Martha G. Young,
mother OF John G. Young, Utah battery,
who was killed In the Philippines.
Mr.. Sutherland has received maps
and petition for the establishment OF
rural free delivery service from Eureka
TO Knightsville and the mines near that
city, which he has filed In the postofiice
department.
A petition and maps for the establish
ment OF forest reserve upon the wa
tershed stream which supplies the city
of Sprlngville and also for setting aside
the watershed on Spanish Fork river,
have been received.
UTAH PENSIONS.
Utah Penslons--o Original; War with
spain Elliot T. Kimball Salt Lake
city. Sc. Increase: James w. Camp
bell, Salt Lake ga SIS. Mexican war,
increase: Elijah Thomas, Leeds, sl2
WYOMING PosTMAsTERs.
Wyomi~~ ~Ostmasters appointed. re-
Xix. Crook Co, Josie Tantum, vice Fam
ME Foster. resigned Parkman, Sherl-
dan Co.. Elmer T. Polly, vice Walter
b. shlpton resigned,
pennel Cherrlngton, assistant u. S.
district attorney. Salt Lake, Is here on
business before department OF justice.
Afhdayits from Utah protesting
against leasing lands on the Uintah
reservation had not arrived up to 4
O'clock this afternoon. The secretary
win probably not make any decision
this week In the case.
Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1902-01-06
GAGE SUBMITS
RESIGNATION.

Washington, Jan. 6.-The following
correspondence was made public at the
White House today;
Treasury Department, Washington,
Dec 10, 1901,
"The President / respectfully sub
nit this as my resignation Of the high
Office Of secretary Of the treasury, the
same TO take effect upon the appoint
ment Of my successor.
In this step toward separation from
your executive staff, permit me to
thank you for the confidence bestowed
upon me and the kindness and courtesy
of which | have been the recipient at
your hands.
With most earnest desire for the
highest success of your administration,
remain sincerely,
LYMAN ]. GAGE"
Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1902-01-06

county. He proposes to make things
lively for the violators Of the law
The Western Union Telegraph COM
pany is stringing new copper wire west
OF Laramie, and the men complain or
the high winds which make II almost
impossible 10 climb, poles. However,
they do manage 10 get over ten to four
teen miles n day even In the teeth
Of the bowling gale" This wire is part
OF the new through wire to Salt Lake
city which was described some weeks
ago In the News"
Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1902-01-06
ss--
LATE LOCALS.

:, .pre'ideut Joseph +. Smith received a
y1ver today from Apostle Brigham
,r,pung who Ia still IN Frultland New
'i7"''o' but greatly improved In health,
q, There WIN be civil service examina-
g9p IN MS city Feb. II next for the po-
,p.ion OF hun draftsman in the Light
VIPER day. '''oA "
mo- ,Sn Commissioner Sharp said today
sro Sr ~ event OF favorable decision
n r'~n me attorney-general he would
ios sIjanly seize the stock OF fish in the
,b yal eoll storage plants and hold them
ssn AL unul the season opened. and then
'Ae same for the benefit OF the
Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1902-01-06

j. Davis and Fernstrom placed In
nomination the Temporary chairman,
w j. Tuddenham, Thwe ballots were
taken, none Of which Haye any one
nominee the desired eight votes, and
then, on motion Of Robertson an ad-
journment was taken W o'clock to-
night The results Of N ballots were;
First, Cottrell Davis 5eTuddenharn B.
on the next ballot Tudd4ham switched
his vote from Davis to hEnself, and this
was the only change In 4 e ballot, which
remained the same on PIE third and
last ballot--Cottrell Z PAWS 4, and
Tuddenham T.
Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1902-01-06
Joseph W, Summerhays is President
of the New Township,

Forest Dale was Incorporated today.
with Joseph W SummerhayS as presl-
dent, and Royal r Young, Pat Ryan.
John NJ Cannon and Il. W Ashton
trustees These officials win hold Office
until November, 1903 They furnished
a $500 bond each as follows; Ryan's
bond by Young and Summerhays, sum
merhays' by Ryan and Ashton, Young's
by Ashton and Summerhays Cannon's
By Ryan and Barlow Ferguson, end
Ashtons by Summerhays and Young.
Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1902-01-06
White House, Washington,

Jan. Ia, lvOZ.
MY Dear Mr. Secretary,
IN accepting your resignation,
WISH TO express my great regret that
you feel 1t necessary to leave the cabi-
het ana my hearty thanks for the In
valuable services you have rendered
Your service TO the nation has been
rendered at the cost OF loss TO you
heavy loss from material standpoint.
as must ever be the case with man
IKE you who deliberately abandons the
comparative ease and the high pecunl-
airy rewards Of a large private business
Tor the eXhausting work Of the position
you have 80 honorably filled during
the last FIVE years
with all good wishes, believe me,
most sincerely yours,
m THEODORE ROOSEVELT"
TO Hon, Lyman j. Gage"
Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1902-01-06
The Opinion in Fun.

In the Supreme Court OF the State OF
Utah.
The State Of Utah, ex relatlone,
Heber NJ. Wells vs. Charles s. Tlngey,
state Auditor. respondent.
Upon the petition Of Tieber NJ Wells,
Governor OF the State. an alternative
writ OF mandate was issued out OF this
court. directing the respondent. Charles
8. Tlngey, as state auditor, to draw and
Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1902-01-06
BUSY WITH HIS BOOKS
S,orteusen Secures Change or
Venue 10 Justice Nelson's Court

Venue 10 Justice Nelson's Court
Peter Mortensen Is still working ON
bls hooks. and apparently the task he
has imposed upon himself Is not yet
half completed
his place of confinement looks more
like an Office than a cell. lie Mas books
and papers strewn all over the place
and he Is constantly NJ work on them
whatever the result Is he expects to
\ obtain he appears perfectly confident
A AT times he is cheerful and whistles
4 eottly as he moves about the cell ex-
aminlng different papers. He has but
Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1902-01-06
white House. washington.

,,, Jan, 4, 1909,
my Dear Mr., Postmaster General.
=, II la with the most genuine regret
that ! accept your resignation--afte
having vainly tried TO prevent your
sending IT, During our four months
close service together l have grown
hot only TO value most highly your
trained ability and answering rectl-
Ivude ot thought and purpose as a pub
ne man but also to prize your personal
friendship. ! thank you for the great
services YOU have rendered In your Of
nee ! deeply regret we are no longer
70 serve side by side, and / earnestly
Nlsh you we'll In the future and bid
you Godsreed In your new duties--for
wherever you may be, the weight OF
your Influence is sure to be potent on
lne SIDE OF clean and honest govern
mehL Faithfully yours.
THEODORE ROOSEVELT.
10 Postmaster General Smith"
r. ne text % the letter OF Postmaster
General ,..t,, Smith reslgnlng his office was
Iuu'lshed at the time Mr., Smith re-
Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1902-01-06
FOREST BALTIMORE RATED

c. W. MORSE, Dist Judge
Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1902-01-06

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Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1902-01-06
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Waterbury Democrat., 1902-03-08
OLIVER BURNED THE POUCH.

Hartford, March S.--The officials Of the Adams Express company and the police, in Investigating the case of William Oliver for theft of money from the office of the Adams Express company ill January, to which he pleaded guilty before Judge Thayer i'll the superior court on Tuesday and was sentenced to prison, have never been able to solve the mystery as to what Oliver did with the pouch which contained the money. Since being committed to prison Oliver has made statement He said that he started q roaring fire i'll one of the furnaces of the Park Congregational church and put the pouch in the furnace. The officials who had investigated the case are satisfied that the fire was a roar ing one, because they sifted and pick ed over all of the ashes from the fur naces and were unable to find any trace of the metal which was on the pouch. Their belief is that the fire was so hot that the metal was melted
Waterbury Democrat., 1902-03-08
BROOKLYN BRIEFS

Matthew Shannahan of Lafayette street is able to be around once more after a few days illness.
 There will be regular monthly meeting of the Holy Name society of St Patrick's parish tomorrow after noon. Every member is requested to be present.
 A birthday party was given at the home of Miss Lorraine Ward on Dray- CT avenue last. night. Several pleas ing. recitations were rendered by Miss Winifred Ward, while Miss Anna Ol- sen contributed vocal solos. 1t was 2 delightful gathering. Refreshments were served.
 --The articles in the Democrat dur ing the past few days concerning the feeding of game birds while the snow is on the ground and the birds are therefore unable to secure food, have created considerable interest. Many persons were pleased to learn from reading the article of George Geddes III last nights paper that number of sportsmen are engaged in feeding the birds. They are doing good work. As 10 the statement of loading the work upon the shoulders of the game warden, the latter is stated as having expressed himself as willing to dis- tribute feed to the birds if any person wanted to buy it for them and had not the time to distribute it
Waterbury Democrat., 1902-03-08
GoUNoD's SACRED SONGS.
Noted Singer and Lecturer at City
 Hall, March Is.


 One of the most interesting lectures of the whole series was delivered last night, says the Baltimore News. at the Catholic Club by the Rev. Thomas F. Mclaughlin, S. T. L., the subject being the Sacred Songs of Gounod." Father Mclaughlin is the rector of the Church of the Transfig- uration, in Mott street. New York, and as the Rev. MT. c. w. Currier. in introducing the lecturer, said. his practitioners consist mostly of Celes. tials. MT. Mclaughlin is an eloquent and fluent speaker, and possesses a charming delivery. He is also the possessor of rich baritone voice of excellent quality which he used to great advantage i'll yocally illustrating many of the sacred songs of the com poser, the accompaniments of which were ably played by the organist of his church, c. c. Dunn
 The lecturer began by pointing ont the benefits that had accrued to art in all branches, namely. architecture. painting, sculpture and music, through the influence of the church. Nearly all the great composers, he said, had added their quota to church music, Mozart, Rossini, Schubert, Beethoven and Gounod. He had chosen the lat ter as the subject Of his lecture, not because he considered him as the greatest, but on account of his heart touching and soul-stirfing strains and melodies. He described Gounod's youth and early bringing up, showing how his mother who was q we'll known pianist of the day, had wielded great influence upon his early love of music, but had also opposed his adopting music as a profession. He read d word tribute that Gounod had paid to his mother, showing what a great fifial love he had always had for her. In all Gounods music. the influence of Palestrina and the Ger man Romantic school was very visible attributable to his musical training having been received ip Italy and Germany. The lecturer, in speaking more particularly of Gounods sacred songs, said that a deep religious feel ing lay at the source of their inspira- tion The songs he chose for illustra- ton were "Nazareth,' There is Green Hill Far Away" Adore and be Still" "The Angelus" and For ever With the Lord" In conclusion, the lecturer, referring to the great composers death. said that on his death bed Gounod, on being asked what requiem he desired to have sung, answered that he wished to have nothing but Gregorian music, as he considered that to be the greatest requiem in existence.
 Father Mclaughlin will be the lec- turer at the observance of the feast of St Patrick in City hall on Sunday night, March 16.
Waterbury Democrat., 1902-03-08
The WaterburyArtS Store
 PICTURE FRAMING.

When you have picture to be e,.o,ned of course you want it framed in the best possible manner. All f,aming done by us is satisfactory in averv detail and this statement is nroyed every day by people who, hav- inc given us trial, are now convinced thai they cannot get better results anywhere i'll the city. Large line of Mouldings for your selection.
 New Whittemore bldg, Bank. cor Grand
Waterbury Democrat., 1902-03-08
1.-THE COLLEEN BAWN.o
The First Scenic Rehearsal VIII Be
 Held at Polls on Monday Night.

The First Scenic Rehearsal Will Be
 Held at Polls on Monday Night.
 There was another good rehearsal of the drama s'The Colleen Bawn," held at St Patricl1s hall last evening, and gradually the play is rounding into shape. and by next week will De in readiness for production. It was ex- pected that there would be q stage re- hearsal in Polls theater tomorrow morning, but 1t has been found impos- sible to get the theater, and conse- quently the rehearsal will be held in St Patricks hall. It is necessary that every person connected with the pro- duction be present tomorrow after noon at St Patricks hall at 2:30 sharp. The play will be rehearsed from be- ginning to the end, and all those who are going to assist in any way should be on hand in order that the stage re- hearsal on Monday night may go smoothly. The characters will be measured for their costumes, too, and any who are not present will have to suffer if the costumes secured do not fit properly. The costumes will be here on Friday night next and 1t can be said now that they will be as good as any worn in any play in this city. It would be well if all those wl1e are holding the first lot of tickets issued could be present tomorrow afternoon also and receive the new tickets, which are the only ones that will gain ad- mission to the theater on the night of March +. The committee in charge of this entertainment for the Catholic Women's association is working day and night to make tho entertainment success. and tickets are selling rapidly. It will be q very pleasant way in which to spend St Patrick's night, and the ad- mission price is so small that 1t will come within the reach of all. If you do attend you will witness one of the best Irish dramas that has been pro- duced in this city. and you will also see that drama presented in an artistic and interesting manner.