davidaulloa/AmericanStories huggingface dataset:
The Ely miner. [volume] (Ely, Minn.) 1895-1986, 1903-12-04
JUDGE HANDS DOWN OPINION
Appointment of Receiver for Ship
Building Trust Sustained.
Is Made Permanent, or Until Further
Order of the COurt-Text
of Decision.

Philadelphia, Nov. 30.-The appeal of
the United States Shipbuilding company
against the decision of Judge Kirkpat-
rick appointing James Smith, Jr., re-
ceiver for the corporation was Saturday
decided against the company. The
opinion rendered by Circuit Court
Judges Acheson, Dallas and Gray was
filed by the former. Judge Kirkpat-
rick's action is sustained and the order
for the receivership made permanent
or until the further order of the court.
The opinion, in part, follows:
Upon the whole, we are of the opin-
ion that the bill presented case of
which the circuit court sitting in equity
had jurisdiction and that the appoint
ment of receiver was within the au-
thority of the court. We also think
there was evidence to sustain the find
ings of the lower court and to justify the
order appointing a receiver. Whether
a receiver should be appointed was a
matter largely within the discretion of
the court, in view of the special circum-
stances of the case. Upon careful ex-
animation we cannot say that the order
appointing a receiver and granting an
Injunction was improvidently made.
ct was urged at the argument that
the decision appealed from was equiva-
lent to final decree. Although there is
no assignment of error to bring this
question before us, still it deserves pres
ent consideration. AS we read the or
der it was not intended to be finality,
The Ely miner. [volume] (Ely, Minn.) 1895-1986, 1903-12-04
CONDENSED SPECIALS.

Since tho late cold spell yellow fever
at Laredo, Tex. is on the wane.
Alvin Greenwood, II years old, while
rabbit hunting at Wausaukee, Wis, was
shot by his own gun.
The smallpox situation along the
Norfolk & Western railroad in West
Virginia is growing steadily worse.
Mgr. E. D. ]. Quigley, vicar general
of the Roman Catholic diocese Of
Charleston, S. c., died at his residence
in that city.
Alfred ]. Firth, who murdered Fred
erick ]. Bailey, naval storekeeper at
Esquimalt on June q, was hanged at
Victoria, B. c.
State Bank Examiner A. A. Kendall
has taken charge of the Pine Grove
bank at Pine Grove, w. Va, which
failed to open it's doors
Frank Smith and Charles Tulver, from
Madison, Wis, were arrested at Bloom
ington, ILL.,, while in possession of a horse
and buggy stolen in Joliet
Seventy marines and 40 sailors
fought sharp battle on the govern
ment reservation at st. Helena, Va,
in which many were hurt
Joe Johnson, of Joliet, H., sick with
typhoid fever, threw himself from a
third story window at St. Joseph's hos
pital and was instantly killed.
William Froelich is confined as in
sane at Milwaukee, Wis, the result of
smoking cigarettes He contracted the
cigarette habit as a cure for catarrh.
1t is announced that the Federal ma
tional bank, which closed it's doors in
Pittsburg on October q, will reopen on
December Z under the old management.
Solomon Paddock, 65 years old, an
old soldier and well to do farmer living
near Trakamah, Neb., shot and killed his
son William, aged q. No cause is known
for the deed.
The cream separator of the Atlantic
Ice and Milk creamery at Bridgeton, N
j., exploded, fatai.y injuring John
Waddington, Nelson Woodruff and
Charles Martin
At Whatcom, Wash, Farmer Burns,
champion middle weight catch-as-
catch-can wrestler, threw John Berg,
Pacific Northwest champion, three
times within an hour.
Waterman Ed Riley was fatally
scalded and Engineer Schouz had a leg
broken and was badly scalded by the coll
lapse of a f1ue in the towboat Monte
Bauer at Bay City, Ill.
In pistol duel at Oakland, CAL, be-
tween Policeman James H. Smith and
two suspected porch climbers, the for
mer was shot and killed. and one of the
suspects, who was unknown, met the
same fate.
The Ely miner. [volume] (Ely, Minn.) 1895-1986, 1903-12-04
KAISER WlTHDRAWS OFFER.
German Emperor Decides to Postpone
Transatlantic Yacht Race
Because of HI-Health.

Berlin, Nov. 30.-Emperor William
has withdrawn his offer of a cup for
a transatlantic yacht race in 1904, on
account of his health, and has sub
stituted for it the offer of a cup to be
raced for in 1905.
The emperor, through his repre-
sentatives, cabled his decision to the
American yachtsmen Saturday, with
his reasons for postponing. These are
that the prolonged period of the en-
peror's recovery and the consequent
accumulation of all business has pre-
vented him from receiving his yacht
ing advisers to arrange the details for
a transatlantic race until it was too
late for the designers and builders to
have new yachts ready for contest
in the spring of 1904.
Sir Thomas Upton Saturday re-
ceived a telegram from Lord Lonsdale
notifying him that as illness had pre-
vented Emperor William from meet
ing his yachting representatives, it
would now be too late to build boats
in Europe and make the suggested
1904 race success, so the emperor de-
cided to postpone offering his cup for
transatlantic race until 1905. Lord
Lonsdale added that the emperor,
therefore, would not take advantage of
Sir Thomas Lipton's withdrawal. Sir
Thomas replied, agreeing with Lord
Lonsdale that it was now too late to
make the proposed race success, and
pointing out that, therefore, it was
quite useless for him to renew his Of
fer, the withdrawal of which had al
ready been accepted.
Sir Thomas Upton hopes to enter a
boat in the race for the emperor's cup
in 1905.
The Ely miner. [volume] (Ely, Minn.) 1895-1986, 1903-12-04
PERSONAL AND POLITICAL.

Mrs. Phoebe Clifford, the oldest minis
ter in the Society of Friends in the world,
died in Providence, R. l., aged 100 years
and five months.
Rev. Jonathan S. Willis, former rep
resentative in congress from Delaware,
is dead.
The death is announced of Julian Wal
bridge Rix. the well-known painter of
California mountain scenery.
1t is announced that Eugene F. Ware,
the commissioner of pensions, will retire
from that Office by the middle of Novem-
Der of next year and will return immedi-
ately to the practice of law in Kansas.
AS the result of conference at the
white house, Gov. Odell, of New York,
and Senator Plat agreed to bury differ
ences which threatened serious trouble,
and the two will work in harmony.
United States Senator Clark's daugh-
ter, Mrs. Everett Mallory Culver, has
been sued by Mrs. Elizabeth r. Vlasto
for 100000 on the charge of alternating
Scion Vlasto's affections.
Bishop Sebastian Gerhard Messmer,
of Green Bay, Wis, will be named by the
congregation of the propaganda as arch
bishop of Milwaukee and his appoint
ment sent to Pope Plus X. for approval.
Justice John G. Pollock, of the SUI
preme court of Kansas, has been select
ed as the successor to United States Dis
trict Judge Hook, who recently was ap-
pointed United States circuit judge for
Kansas.
The official canvass of the vote in
Iowa for governor has been completed.
Gov. Cummins received a plurality of
$1,000, a majority of 1854.
The officiai vote cast at the Massa-
chusetts state election, November 3,
shows that Gov. John L. Bates (rep.)
was reelected by plurality of 1884.
Harriet Hubbard Aver, the we'll
known writer for the New York World
died of pneumonia after four days i'll
ness.
David Hollister is dead at Mapleton,
Ia, at the age of 101. He was in good
health for 100 years.
William G. Wyman, a well known
philanthropist, died in Baltimore, Md,
aged 70 years.
Members of the Illinois COMPRESSION
al delegation are booming Speaker
Cannon for the vice presidential nom
ination.
The Ely miner. [volume] (Ely, Minn.) 1895-1986, 1903-12-04
CLEVELAND SAYS NO.
Declares That He Will Never Again
Be a Candidate for the
Presidency.

New York, Nov. 90.-Grover Cleveland
Friday declared that under no circum-
stances would he accept the nomination
to be president of the United States for
a third term. This declaration is made
in letter to st. Clair McKelway, editor
of the Brooklyn Eagle.
Accompanying the publication of the
letter is an editorial in which Mr.. Nc
Kelway says the declinarion of Cleve-
land makes Judge Alton B. Parker the
logical candidate for the presidency on
the democratic ticket. The letter is in
Cleveland's own handw riting and was
written at Princeton on last Wednesday.
Mr.. Cleveland says that his determine
ton is unalterable and conclusive.
The Ely miner. [volume] (Ely, Minn.) 1895-1986, 1903-12-04
LATER.

The Cuban reciprocity bill was laid be-
fore the senate on the 9th, but as no one
expressed desire to speak on it an adj
journment was taken to December 1. In
the house bills were introduced to
abolish slavery in the Philippines and
to restore the army canteen. Adjourned
to December /.
President Roosevelt went to New
York to attend the funeral of James
King Oracle, whose late wife was sis
ter of the presidents mother.
The family of Frank Miller, consisting
of four persons living near Pulaski, Ind,
were poisoned with sardines and all died.
Alfred ]. Firth, who murdered Fred
erick j. Bailey, naval storekeeper at
Esquimalt, on June q, was hanged at
Victoria, B. c.
Rev. William E. Hinshaw was released
on parole from the Indiana northern
prison, where he had been serving life
sentence for the murder of his wife in
1895 at Belleville.
Former President Grover Cleveland,
in letter to the editor of the Brooklyn
Eagle, announces Internationally and
irrevocably that he will not be candi-
date for the presidency.
Joseph P Hickeys death in Williams
burg IN. W hospital made the end of
family of six who died of pneumonia
or typhoid in two weeks.
Selling of a vote is not crime, accord
ing to the Massachusetts, supreme court,
but buying a vote is serious offense.
Russia and Japan are said to have
agreed to tentative settlement of the
Manchurian question, and now have
only the Korean matter to dispose of.
Colombia continues her military prep
arations and Minister Beaupre and other
Americans. are said to be in danger.
Oberlin M. Carter former captain of
engineers in the United States army, has
been released from the federal prison at
Fort Leavenworth.
Twenty of SO discharged employees
have been reinstated by the Chicago City
railway on appeal by strike leaders.
Trade is stimulated by cold weather,
according to Duns weekly review, and
November railroad earnings gained So
per cent.
There were 258 business failures in the
United States during the seven days
ended on the 9th, against 213 the same
week in 1902.
Harvey Van Dine, Peter Niedermeier
and Emil Roeski, Chicago car barn
murderers and accomplices of Gus Marx,
were captured by police and farmers
near Tolleston, Ind, after stealing To-
connective, killing brakeman, and fatal
" shooting Detective ]. R. Driscoll.
The Ely miner. [volume] (Ely, Minn.) 1895-1986, 1903-12-04
MINOR NEWS ITEMS.

Mayor-elect LIGHT, a democrat, of
Geneva. N. Y, was elected by one vote.
Delucena Lothrop Bingham, the old
est librarian in Massachusetts,, is SO
years of age.
The potato crop of Germany this year
is nearly ten times as great as that of
the United States.
DR.. ]. Wilson Swan, inventor of the
incandescent electric light, has just en-
tered his seventy sixth year.
Rev. DR.. Luther F. Beecher, cousin of
the late Henry Ward Beecher, died at
Boston recently.
A cut of eight dollars in sheet steel
has been made at Cleveland, making the
present price the lowest in years.
Nine. Patti, after her tour of the Unit
ed States, will sell her castle Craig-y-
Nos and buy house near London.
At public auction in New York walk
ing cane of the late President Abraham
Lincoln was sold for $145 to H. H. Wi
brit, of that city.
DR.. Edward Everett Hale, in a recent
lecture in Boston, said that women
must shoulder the musket in order to
achieve equal suffrage.
The cost of the pension roll is $1.75 a
year for every man, woman and child
in the United States.
Nearly half the immigrants arriving
in America come under the fostering
care of the Roman Catholic church.
The time and place of the next re-
publican national convention will be
decided at a national committee meet
ing on December II.
Efforts are being made to procure a
home for Fanny Crosby, blind poetess
and sacred song writer. She lives at
Corona, L. 1.
w. S. Cockrell, son of Senator Frances
M. Cockrell, of Missouri, is reported to
have forsworn allegiance to the United
States and become citizen of Mexico.
DR.. Carlos j. Findlay, of Havana,
well known for his work on yellow fever,
has been chosen president of the Ameri-
can Public Health association.
Four hundred Single mills in the
Puget Sound country, cutting half the
American supply, have completed their
combine, and will dictate prices to the
east
j. nj. Barrie, English author and
dramatist, has an income of $40 900 a
year from royalties on his plays, all of
winch have been successful.
The Ely miner. [volume] (Ely, Minn.) 1895-1986, 1903-12-04
FOREIGN.

Troops under Gen. Leonard Wood
slew 300 Moros and wounded many
others in battle lasting five days, the
Americans having been led into am
bush by treacherous natives.
Gov. Carter took the oath of Office at
Honolulu and was formally inaugurated
governor of Hawaii.
A flood in the Palar river destroyed
half of the town of Vanizambadi, India,
and 200 persons were drowned.
Princess Alice, wife of Prince Freder-
lex Ernst of Schoenburg- Waldenburg, is
said to have eloped with her coachman.
A decree was issued at Cartagena set
ting forth that no steamers shall be al
lowed to clear from Cartagena for Colon
or enter Cartagena coming from Colon.
Emperor William has directed the
German authorities to officially recognize
the Republic of Panama
1t is said that Japanese warships have
been sent to intercept the two Russian
battleships bound for Port Arthur.
The Norwegian steamer Victoria was
stranded during a storm off the port of
Stavanger, Norway. Eighteen persons
were drowned.
Dispatches from Puerto Plata say that
the city of San Domingo has surrendered
to the revolutionists and that President
Wos y Gil and his ministers took refuge
on board German warship.
The Chinese emperor has been in
formed by the governor of Chi Lii that he
is prepared to declare war on Russians
in Manchuria.
Articles of the capitulation of San
Domingo have been signed by President
Wos y Gil and the ministers of the
United States, Belgium, Hayti and
Spain.
The Colombian government has is
sued orders to raise the army footing
to 100000 men in the event that Gen
Reyes mission to Washington should
prove fruitless. The subjugation OF
Panama is given as the reason.
Gen. Reyes, who arrived in New Or
leans and starts at once for Washing
ton, admits that Colombia cannot
make war on America, but says the
isthmus will be retaken at any cost.
The Ely miner. [volume] (Ely, Minn.) 1895-1986, 1903-12-04

and is not so in legal effect. But to
remove any possible doubt on this point
we will amend the order by striking
from the fifth paragraph the concluding
words, and especially by the act of the
legislature of the state of New Jersey
entitled an act concerning corporations,
revision 1885, and substitute therefor
the words, the receiver to be subject
at all times to the orders and directions
of this court and we will add the fore
going order to stand until the further
order of this court"
The Ely miner. [volume] (Ely, Minn.) 1895-1986, 1903-12-04
LORD roberts to Resicn.

London, Nov. 30.-Although no pub
lie announcement of the fact has yet
been made, it is understood that Lord
Roberts is about to resign as COM
mander-in-chief He has been much
more i'll than is generally known, is
still abed, and the condition of his
health requires him to spend the win
ter in southern cline.
The Ely miner. [volume] (Ely, Minn.) 1895-1986, 1903-12-04

newspaper men, whom he wished to
avoid, off the track. At the Union sta
ton he was met by representative of
the press and, while Carter still
stanchly refused to be interviewed as
to his plans for the future, he said: 81
will catch the Missouri Pacific train out
of here at 5:14 o'clock to Kansas City
and there after breakfast will take the
fast Santa Fe direct to Chicago. l wish
to spend Sunday with my mother, who
Is over-anxious to see me-"
While awaiting his train the ex-army
officer conversed freely on large num-
Der of subjects, but always skillfully
avoided the introduction of anything in
regard to his conviction or his plans
for the future. He spoke at length about
the prison, but even then turned the
talk from himself to generalities.
In regard to himself he merely said:
81 am feeling as we'll as could be ex-
pected under the circumstances, de-
prived to an extent as I was of exercise.
The captain looked much older than
when he entered the prison nearly four
years ago, but showed no trace of i'll
health
1t was thought Friday night that an
officer of the department of justice
might be at the prison gates to rearrest
Carter on an old indictment, but such
was not the case. When he decided to
leave the gates we're thrown open to
him and he passed out of the prison
walls for the first time since he was
brought into court here during his at
tempt to obtain release on an act of
habeas corpus. He was attired just as
he was on his arrival at the place OF
his incarceration.
The Ely miner. [volume] (Ely, Minn.) 1895-1986, 1903-12-04
Given Up for Lost.

Toronto, Ont, Nov. 30.-The schoon-
er Emerald, from Fair Haven for To-
ronto, with a cargo of coal, has been
given up as lost. Those on board were
Toronto; three sailors and a woman
cook. 1t is said that the Emerald was
within 25 miles of this city, but was
forced to put back to Charlotte, which
port she left 10 days ago. She had
a cargo of coal.
The Ely miner. [volume] (Ely, Minn.) 1895-1986, 1903-12-04
Federal Troops Not Needed.

Washington, Nov. 30.-Acting Adjt.
Gen. Hills Saturday received a telegram
from Maj. Gen. Bates, commanding the
department of the lakes, saying that he
has completed his investigations of the
labor troubles in Colorado and that he
was about to return to his regular sta
ton at Chicago. He said that, in his
judgment, there was nothing in the
present situation to call for the use Of
federal troops.
The Ely miner. [volume] (Ely, Minn.) 1895-1986, 1903-12-04
Cabinet Completed.

Bucharest, Roumania, Nov. 3d.
Premier Stourdza, who has held the
portfolio Of public works ad interim
since the reconstruction of the cabinet
1t the end of 1902, has now completed
his cabinet by giving the public works
portfolio to NJ Porum-Baru, vice presi-
dent of the chamber of deputies.
The Ely miner. [volume] (Ely, Minn.) 1895-1986, 1903-12-04
severe storm ON French Coast.

Paris, Nov. 30.-A violent storm
swept the French coast all night The
cities of Bordeaux and La Rochelle
suffered heavily. 1t is feared that cas-
ua1ties have occurred among the fish
ing fleets.
The Ely miner. [volume] (Ely, Minn.) 1895-1986, 1903-12-04
ALI the News of the Past Seven
Days Condensed.
HOME AND FOREIGN ITEMS
News of the Industrial Field, Personal
and Political Items, Happenings
at Home and Abroad.
THE NEWS FROM ALL THE WORLD
CONGRESS IN SESSION.

Meets to Consider Reciprocity for
Cuba and other Affairs.
Panama and Cuba engaged the atten-
ton of the United States senate on the
23d to the exclusion of all other ques-
tons. 1t was agreed that vote on the
Cuban bill should be taken December 16.
This defers action until the regular ses-
sion of congress. The house was not in
session.
Until the senate either passes the
Cuban bill or rejects that measure no
proposition to adjourn the extra ses-
sion of the Fifty-eighth congress will
be entertained by the house OF repre-
sentatives. This is the declared posi-
ton of the leaders Of that body.
The Ely miner. [volume] (Ely, Minn.) 1895-1986, 1903-12-04

morning Oberlln M.
Carter, ex-captain
of engineers, walked
out of the portals
of the federal prison
at Fort Leaven-
worth a free man.
At the gates he was
met by his uncle,
L. D. Carter, and
Immediately driven
in a hack to the
Union depot in this
city. This last
movement was a
The Ely miner. [volume] (Ely, Minn.) 1895-1986, 1903-12-04
News from san Domingo.

Washington, Nov. 30.-The state de-
partment has received cablegram from
Minister Powell, at San Domingo dated
Friday, stating that up to that time the
provisional government had not
reached the capital and that the retiring
President Wos Gil with his cabinet
had sailed for San Juan on the German
warship Fake.
The Ely miner. [volume] (Ely, Minn.) 1895-1986, 1903-12-04
Train Conductor Arrested.

Indianapolis, Ind, Nov. 30.-A. w.
Hastings, the Big Four work train con-
ductor who had charge of the work train
when it collided with freight train
last week, killing nearly score of men
and injuring IA, was arrested at his
home here Saturday and taken to
Pekin, H., by Sheriff Clay, of Tazewell
county, Illinois, in which county the
wreck occurred
The Ely miner. [volume] (Ely, Minn.) 1895-1986, 1903-12-04
Private Bank Fails.

Casper, Wyo., Nov. 30.-The w. A.
Denecke private bank, capitalized at
$4,000, but carrying large deposits, has
failed, over speculation in poor stock
loans being the statement of the cause.
The Ely miner. [volume] (Ely, Minn.) 1895-1986, 1903-12-04
Fear for Fishing Fleet.

Berlin, Nov. 30.-A fishing feet, con-
sisting of five boats from Finken-
waerder, on the Elbe, is considerably
overdue, and, presumably, has been
lost in the North sea with the entire
crews, totaling Is men.
The Ely miner. [volume] (Ely, Minn.) 1895-1986, 1903-12-04
Live Stock.

chicago, NOV. &.
HOGS-Good to choice heavy shipping.
81 $500 so; fair to good heavy packing,
S4259440; rough and common heavy mixed,
S4.OOd4.25; assorted light, s4.25Q4.45; good
to choice butcher weights, s4.4O94.55; fair
to choice light mixed, s4.25Q435; thin to
choice, So. S5q465.
CATTLE-Choice to fancy beeves, $3.50
Q575; good to choice steers s5.05@545; me-
dunn beef steers, s4.10Q440; plain beef
steers, $3.80Q4.00; common to rough, SO. 80
Q3.75; good to fat heifers, So. 90Q4.60; good
to choice feeders, s3.25@4. Is; fair to good
cows and heifers. $265qS.S5; good cutting
to choice, $2.4Ga4.40; calves, choice to
fancy, s575q6.25; calves, common to fair,
$2.75Q550; corn fed western steers, $4,000
5.25; Texas bulls and grass steers, s. 500
3.S5; fed Texas steers. fair to choice. $3.4O
G4.5O
The Ely miner. [volume] (Ely, Minn.) 1895-1986, 1903-12-04
Captain CARTER A
FREE MAN AGAIN
Ex-United States Army Officer Com
pletes His Sentence at Fort
Leavenworth.
REFUSES TO Be INTERVIEWED
Regarding PLANS FOR FUTURE
Uncle Meets Him ON His Release and
Takes Him to Depot Where He Inn
mediately Leaves for ChlcagO-De-
clines to Discuss Subject of His
Conviction.

Leavenworth, Kan, Nov. 30.-A few
before four o'clock Saturday
The Ely miner. [volume] (Ely, Minn.) 1895-1986, 1903-12-04
Advises Ousting of Russia.

Victoria, B. c., Nov. 30.-News was
brought by the steamer Indravelli from
the orient Friday night that Prince
sub, a prominent Chinese official, has
advised the Chinese government to
join with Japan to GUST Russia from
Manchuria by force of arms. The Pc
The Ely miner. [volume] (Ely, Minn.) 1895-1986, 1903-12-04
Kansas CITY Nc. Nov /:

CATTLE-Market unchanged. Native
steers, So. 50@460; southern steers, $3.50
400; southern cows, $1.5OG2. IS; native cows
and heifers. sl50q3.75; stockers and feed
ers, $25OQS.S5; bulls, s1.75q3.25; calves. $3.50
Q5.75; western steers, s2.5Oq41O; western
cows, $1.6G@2.65.
HOGS-Market sc higher. Bulk of sales,
$43O@4.4O heavy, $4.25@435; packers, $.25
GAO; pigs and light, $420Q44 90
SHEEP-Market steady, Muttons, $685.
$3.50; lambs, $4.25Q520; range wethers.
sS.00QS.6o; ewes, s225QS.15.
The Ely miner. [volume] (Ely, Minn.) 1895-1986, 1903-12-04

NCW 1NUV.
FLOUR-Quiet but firm. Buckwheat
-four dull, $2.25q230.
WHEAT-Opene0 easier but later rallied.
December, SS1sqSS1kc; May, "a 1-16Q& 9-16c.
RYE-Dull. State and Jersey, 56GoSc;
No. 2 western 62%c f. o. b. af1oat.
CORN-Quiet but firmer December,
49asQ491kc; May, 47Bq4Sc.
OATS-Nominal. Track white. 42445c.
The Ely miner. [volume] (Ely, Minn.) 1895-1986, 1903-12-04

Russia's Reply Not Known.
st. Petersburg, Nov. 30.-Russia's re-
ply to the Japanese proposals at To-
kio have not yet been dispatched.