davidaulloa/AmericanStories huggingface dataset:
Morning appeal. [volume] (Carson City, Nev.) 1877-1906, 1903-12-16
SUPREME COURT DECISION.
I'm THE SUPREME COURT OF THE
STATE OF NEVADA.
3. A. GAMBLE AND =. r. CHAD
BOURNE,
Petitioners,
FIRST JUDICIAL DISTRICT COURT
EFT AL,
Respondents.
Bigelow & Dorsey, George w. Bake
and r. N. r. Soto,
Attorneys for Petitioners.
Samuel Plat,
Attorney for Respondent.
Belknap. C. ].

This is an application for writ Of
mandamus requiring respondent to or
der change Of the place of trial of an
action now pending in the First Judi
cial Court in Esmeralda County be-
tween petitioners Gamble and Chad
bourne as plaintiffs and L. j. Hanchett
and others, as defendants, to some OF
her District Court in the State
1t is admitted that respondent Hon-
M. A. Murphy was attorney for one If
the parties to the action. and is now
judge of the court
The statute approved January 26,
1865, entitled "An Act concerning the
courts of justice and judicial officers -
provides at Sec. As, Par. 2545, Cut
ting's Comp "A Judge shall not act
as such when he has been the at
torney or counsel for either party in
the action or proceeding =" Apply
ing the provisions of the statute to the
admitted facts, it became the duty of
respondent to change the place Of
trial to some other judicial district
His reasons for not directing the
change are, first, that no motion for
that purpose was ever made in open
court; second, that upon October s.
1899, long before he became Judge, he
entered into stipulation with the op
posing attorneys by the terms of which
it was agreed that his clients should
not be required to plead to a certain
amended complaint until ten days af
ter notice of service of said pleading
upon all of the defendants, and thai
no notice of service of said pleadine
has been served; third, no attorney
has been substituted for himself N
the action.
1t is uncontradicted that upon the
23rd day of February of the presen,
year one of the attorneys for petition
ers delivered to respondent in Carson
City two typewriter papers, one u
which was an application for change
OF the place of trial of the action, sign
ed by the attorneys for petitioners
and the other was copy of an affida
Wit CT B. A. Gamble. Subsequently, or
the 4th day of April, the originals oil
these papers were filed in the clerk:
Office of the District Court of Esme
ralda County.
On or about the 18th day of Marcel
the law firm CT Cheney, Massey
Smith, at the request OF Messrs. Bige
low & Dorsey, attorneys for petition
ers, Informally presented to respondent
at Reno the motion for removal, an(
upon the first day OF April forwarded
a list of authorities bearing upon Tux
question, and upon May End, agar
called respondents attention to thu
matter. Finally upon the 14th day O
May. former Judge Bigelow, one Of tn,
attorneys for petitioners, wrote re
spOndent upon the subject CT tht
transfer of the action.
This proceeding in mandamus wa
commenced July 13.
The purpose of the motion was I,
direct the attention Of the Court {,
the order to be made When thes,
requests, as above shown, were mad,
to respondent, he was not occupyin;
the bench of his court in Esmeral,.:
CouLs-y, but was discharging judicia
Morning appeal. [volume] (Carson City, Nev.) 1877-1906, 1903-12-16

DIRECTORS
T. Hickey George H. Meyers, H. Petersen
inston S. l. Lee Wilson Bougher Woodbury.
T. B. Hickey President; Meyers
C. T. Bender I'd Vice President; seey
J. !.
ToNoPAH BRANCH.
Geo. W. Richards, Cashier,
G. w. cowing
SAFE DEPOSIT PARTMENT.
OVER ONE HUNDRED placed
Steel BURGLAR AND perfectly
receptacle valuable
TERMS prices s. according
furnished application
Morning appeal. [volume] (Carson City, Nev.) 1877-1906, 1903-12-16
Talbot, j., dissenting.

l am not able to concur in the op-
inion of my esteemed associates. The
California case cited is not in point
because there the motion was made
in open court and notice was given or
waived by appearance, and the statute
in that state is materially different
from ours. In my judgment sufficient
facts are not shown here by the petit
ion nor by the evidence to warrant
the issuance of the writ. 1t appears
that on February %, a copy of the ap-
Dlication for the removal of the case
pending in Esmeralda County was serv-
ed upon the respondent in Carson
City, and subsequently, on April 4, the
original was filed with the clerk at
Hawthornei in the absence of the judge
That at the term held by him there
liter his attention was not called TO
re matter by motion or otherwise,
r, time for hearing was specified in
ne application, and no notice of de
rnand for removal was either served
Continued on Third Page.
Morning appeal. [volume] (Carson City, Nev.) 1877-1906, 1903-12-16

duties in Ormsby County. and in the
County Of Washoe, at the request OF
Judge Curler. But the purpose of the
motion was accomplished by the re
peated requests of counsel, and re-
spondent could not have been more
fully advised by a formal motion in
open court.
1t would better comport with the
dignity of judicial proceedings for at
torneys to present motions before the
Judge upon the bench, than in the IN
formal manner pursued here, but loss
Of time, inconvenience and expense IN
attending court at long distances to
present an ex parte motion, to which
no defense could be made, and IN
which respondent had no discretion,
are considerations not to be overlook
ed by this court in the proper exer-
else Of it's own discretion in allowing
or refusing this writ.
In this connection the letters OF re-
spOndent and the affidavits on file sup
port the conclusion that he would not
have made the order if motion for
that purpose had been made in open
court for the reasons given by him
self, to-wit: the stipulation, with its
surrounding facts, and because no 1T
torney had been substituted for him
self in the action. Under these circum-
stances a formal motion would have
been useless.
/ In Krumdick v. Crump, SO Cal, 113,
a case somewhat similar, Chief Justice
| Beatty said There is nothing in any
! of the facts here recited to justify or
/ excuse the respondent for refusing
or neglecting to perform the plain
statutory duty imposed upon him by
Sec. 1913 of the Code of Civil Proce-
dure. The case provided for by that
section was clearly made out by uncon-
tradicted af1idavits filed in support Of
the motion, and aside from the affida-
Wits the essential fact upon which
the right to transfer the cause de-
pended was necessarily within the
knowledge of the respondent, whose
duty it was to make the order without
delay. Uivermore v. Brandage. GA Cal.
299). There should have been no post
tenement on account of the absence
CT the defendant, no continuances, no
time given for the filing of briefs, no
holding under adyisement, no enter
tanning of any counter motions based
upon grounds calling for the exercise
of judicial discretion. The plain in
junction Of the statute leaves the dis
: qualified Judge in such cases no dis
erection, He has but one thing to do
and it is his duty to do that thing at
once"
1t is ordered that a peremptory writ
of mandate be issued
l concur:
Fitzgerald, J.
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1903-08-16
SECRETARY ROOFS RBTIREMEET.


Secretary Roots decision to leave the Cabinet
now semi-otficiaily annOunced-will be sener-
ally regretted. Though no fault can be found
with his motives in seeking relief from the pub
lie burdens he has borne so long, we could well
wish that his ripened judgment and trained
administrative talent were to continue to be
devoted to the nations service.
Mr. Root has filed now for four years perhaps
the most exacting and difficult post at present
within the gift of the national administration
He has magnified his office He has faced hard
labor and in mastering the problems or MS
department he has shown energy and remark
able aptitude. To-day he sees the work he
undertook to do virtually accomplished. de
feels free to return to bis own neglected private
interests and private practice. No one can
begrudge him his retirement. But the pubic
realizes-and realizes with sting OF genuine
regret-that in his return to private life 1t loses
a Cabinet chief of capacity and quality, one sure
to be ranked by the future historian among our
great War Secretaries.
In the four years of his administration Mr..
Root has seen the American Army reborn and
refashioned. The regular establishment OF 1898
the survival of a century, obsolete in organ
ization, insufficient in numbers and unsuited to
the needs of a nation whose growth has far
outstripped it--has in that period been remod-
eIIed into a vitalized modernized, elastic ser
vice The creation of a General Staff, the
establishment of schools of technical and pro-
fessiona training. with the new War College
at its apex; the introduction of the skeletOniZed
company the three battalion formation, the
reorganization of the artillery, the limitation
to four years of future details in the staff corps,
the naturalization of the militia-these and
other reforms have given us an army notably
improved and invigorated 1t was one Of Sec
retary's Roots great services to the country
that he saw from the first the urgency of these
reforms and that more than any other agency
he wrung them one by one from reluctant and
doubling Congress.
1t was his other great service that he under
took and discharged the task of carrying, along
the shadOwy lines of earlier federal policy sys-
tenn of military administration in the dependen-
cies taken over by us from Spain which has
proved both workable and from a legal point of
view of notable constructive value. The full
measure of this work is perhaps hidden from the
lay critic But some adequate impression Of its
Importance and it's lawyerlike thoroughness
may be gathered from an article published in
"Scribners Magazine" for July by Charles Z.
MagOon
Secretary Roots retirement will not become
effective for several months. But whatever date
he may choose for surrendering his office he
can count on carrying with him into private life
the respect and gratitude of the American
people.
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1903-08-16
THE EXTRA SESSION.

As a result of Wednesdays conferences at
Oyster Bay between the President and Sena-
tors -Aldrich Allison, PIatt, of Connecticut, and
Spooner, a speedier summons to Congress to
meet in extra session is confidently predicted
We are not surprised TO find the leaders Of the
Senate Finance and steering committees urging
the advisability OF an earlier and longer SEES
SIGN. 4 month ago Senator Lodge, just before
his departure from Europe fixed November as
the probable date OH which the two houses
would be asked to assemble in Washington The
Massachusetts leader allotted just four full
weeks for the accomplishment of the extra SEES
sion programme. Were legislation carrying into
effect the Reciprocity Treaty with Cuba alone
10 be attempted that scant month might pos
sibiy prove ample allowance. But with
currency bill of some sort to be framed digest
ed and coaXed through the two houses it is ap-
parent that earlier start will have to be
made. and much larger drafts on the diligence
and patience Of the managers in the two
branches will have to be honored.
The passage of a bin making operative the
special tariff rates already conceded to Cuba
by treaty presents perhaps. no startling Diff
culties. The Republican majority in each
branch is pledged to make good the promises Of
the Cuban convention. while the Democratic
minority is bound by past professions and votes
TO give to Cuba the freest practicable entry to
our markets. But next year is Presidential
year, and at least one candidate for the Demo
cratic Presidential nomnation-Sen Arthur
p German, Of Maryland-llas already an
nounced that the tariff issue is the only one on
which the Democratic party can make hopeful
contest Reciprocity legislation in Cuba's inter
est may therefore offer itself as n tempting
text TO an opposition leader anxious TO impress
upon the country the wisdom and practicaDility
Of a general dwelling of the tariff barrier
With a currency bill TO be drawn debated
and beaten into such shape as TO satisfy the
many schools OF banking and currency which
flourish IN the TWO houses and in the two par
ties, the obstacles TO rapid progress become
greatly magnifed. Unless, as Senator Aldrich
hopes, he can prepare a bin which will meet the
approval not only Of the various Republican
groups, but virtually also Of the House and Sen
ate minorities. the prospect Of passing any
amendatory currency legislation ar the extra
session is far from rosedte. Such n bill as the
Aldrlch bill of last February. which got the as
sent Of every Democratic member Of the Sen
ate Finance Committee, and was lost in the
Senate only because It somehow got entangled
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1903-08-16
CHECKS TO GAMBLING.

This is summer which hordes of profess
sional gamblers will remember with sorrow for
the rest OF their lives. Most of the rooms in
this city formerly used for speculation on horses.
for risking money at faro tables and at other
games OF chance have been closed by the DO
lice. This is no longer "a wide open town.
For thirty seasons. and even more. the So
called ''clubhouses." which were really re-
sorts for various kinds of betting, fourished
openly at Long Branch and Saratoga, and well
coined multitudes of eager patrons. At Long
Branch even on Sundays the games went on
without check. and any well dressed man could
walk into n clubhouse and lose all he cared
10 lOse-and frequently much more. No one
would say him nay.
At Saratoga n thin mask OF respect for the
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1903-08-16
WASHINGTON NOTES.

IFcoN TIE TRIBUNE BUREAU.
Washington, Aug. 15.-Rear Admiral Harris. the
recently appointed paymaster of the navy. will
start from here tomorrow or Monday TO spend two
weeks at Narragansett Pier with Mrs Harris. who
has been there about month. Admiral and Mrs
Harris have taken a house on Connecticut-ave. for
the coming season.
H. A. Taylor. Assistant Secretary of the Treasury.
aAd Mrs. Taylor have returned to Washington
from their vacation in Michigan and Minnesota
Mr.. and Mrs. John p Poe. of Baltimore, have
announced the engagement of their daughter. Anne
Johnson, to Alfred Tyler, of this city.
Captain John J. Pershing, 18th Cavalry. now as
signed to the General Staff and who was in COM
mand for several years in the Moro country and
made a record in subduing the chiefs at Lake
Lanao has arrived in Washington.
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1903-08-16
TIE CARlNET.
TFro,I rue TEIBuNE BUREAU

TFCOM THE TRIBUNE BUREAU
Washington. Aug. 15.-Secretary Root was the
guest of honor tonight at dinner given by the
officers of the chief of staff and officers OF the
general staff OF the army aSthe Country cruz IAe
additional guests the Secretary OF the Interior
Postmaster General. the Secretary of Agriculture.
the Secretary of Commerce and Labor. Colonel
William Cary Sanger. Assistant Secretary OF war
Judge Magoon. MIR. Scofeld. Mr.. Chance. General
Chaffee General Bates. General Gillespie. General
Ainsworth. General Hawkins. General O'HelIley'
General Humphrey. Colonel Hall Colonel SymOnS'
Colonel Alexander. Colonel Edwards. Colonel Mis-
Colonel Mordecai Colonel Edgeriy and Major
Scriven
Secretary Hay win remain at his family home IN
Sunapee. N H.. until October.
Mrs Shaw. wife of the Secretary Of the Treasury
and their two daughters. who are now IN Paris
viii return to this country late in September Miss
Errna Shaw. the younger daughter. viii resume her
studies
Miss Wilson, daughter of the Secretary OF Agr-
culture. ended her visit to IsiesfOTd. Ne yeStets
day and with Miss Gorham will spend the resi- OF
the month with Mr.. and Mrs. Alexander Cirahail
Bell at their summer home in Nova Scotia
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1903-08-16

conventionalities and moralities was worn, and
the faro banks were seemingly deserted on the
day of rest, although in n quiet way behind
closed doors and darkened windows players in
consdera BILE numbers handled their stacks or
chips and drew their bank checks TO meet
their obligations. The pace was fast in Mon
mouth County and under the elms of the gilt
tering Spa in those days-and it was pace that
killed many young men who persisted in frantic
efforts to travel at gait too swift for them.
No raids were feared in that easy era by the
owners and employees of the faro banks, who
prospered exceedingly and waxed fat. They
had full faith in graft" and "pull'-fOr gen
Grafton. at least-and their confidence was not
misplaced.
Now at both of these alhlrng watering places
the professional gamblers find their occupation
gone. Moreover. the anti-gambling crusade has
extended to other parts of the country. Upon
the racecourse on the edge of the great city of
Chicago hundreds of deputy sheriffs have
swarIned into the betting ring and suppressed
the operations of the bOokmakeTs. These are
marvellous changes for the better.
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1903-08-16
IN The BERKsHiREs.

Lenox. Mass Aug. Is (SpeciaD-Charles ". CT
ford. of New-Bedford, is the guest OF Dr.. HchaTN
c. GreenIeaf. at Windy Side
Miss Heloise Meyer, who has been in NeWpof-
has returned to Lenox. and is with her sister. Ms
Samuel rockingham
Miss Emily TUckeTmau. OF Washington Ga. s
ter Of Mrs L. Tuckerman. who is in S'ocA0-''e
for the summer. has gone to Newport
Judge Gary. of New-York. arrived to-day al 'ns
Red Lion Inn. in SIockbridge.
William Stanley, the inventor. arrived 'o--1S -
his country place. in Great harrington v4,--,,
Mr.. and Mrs Richard Van COJt j. 5l- ~ r
Warner. of New-YOrk are guests OF MIS- H. "
Slayback. in Great harrington. ,-. -
@. Willis Peters. il. of Pittsburg. IS ne SUES -
his parents IN Great Darlington . - work
Mr.. and Mrs. ". DeminS G00dale. OF W"
are at their cottage in South ESrernolt- -. coma
Mr.. and Mrs. ]. II. Gray and FANNY AA'e -
to Woodstock. VI
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1903-08-16
THE DIPLOMATIC CORPS.
TFEoM rue TrIBUNE nUREAU.l

TFEOM THE TFIBJNE NLIsfAC'T
Washington Aug 15.-Sir Chen TunS LANG
Cheng. the Chinese Minister. started tonight for
New-York on his way to Henderson Harbor, y. Y.
where he will be the guest of AIR. and Mrs John
w. Foster at their summer home.
Chung Nfun-Yew. the interpreter Of the legation
who will close his official residence of ten years
here Wednesday, is being generally entertained
On Wednesday he was the guest of honor at
dinner given by the Delta Kappa Epsilon Associa-
ton Of this city. OF which he is a member
Yung Kwai. who is also secretary-interpreter
of the legation, will succeed Chung un-AeW-
Yung Kwai with his American wife. is spending
the summer in the Virginia mountains. ! ne MN
isters daughter and are also or the party
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1903-08-16
AT BAR HARBOR.

Bar Harbor Ne, Aug Is (speciaD.-The heo'
Valley Club gave its weekly dinner dance to-l-'s'
and large number Of guests were enleIS--- -
Those who gave dinners were Mrs {. ; 49,
worth, Mrs. c. Z Green. Senator Ne"1@HoS a.
Mr.. and Mrs. W. +. cellar
Heath GREGORY of the Grau Opera Company
gave delightful recital at EdeE Hall. the s~--
ner home OF Mr.. and Mrs. Samuel JEteIHS e. "
NeT-York. this morning. -. rT.-t-
ford this afternoon. The younger Bar ha'9e' -
attended go. m
Air and Mrs Frank Ellis gave a dinner A''
tventy-fOur at their cottage Tonight
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1903-08-16

We desire to remind our readers rvho are
about TO Ieace the city that The Tribune Mill
be sent by mail TO any address in this country
or abroad, and address changed as often as
desired Subscriptions may be gireh TO your
regular dealer before Ieaving, or, if more con-
Uenieat, hand them in at The Tribune office.
See opposite page for subscription rates.
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1903-08-16

in the Statehood bill "holdup," might serve
again as the basis of a non-partisan elasticity
law. But against any radical or thoroughgoinS
currency measure the natural sluggishness and
hesitateEs of fine two houses viii be more
than likely 10 assert themselves.
II both currency bill and Cuban tarlh re-
bate bill are to be the fruit of the extra ses-
sion. October would seem TO be a better month
than November for calling the two houses TO-
gethPr.
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1903-08-16

At the beginning Of every municipal campaign
there is talk of nominating better class of men
for aldermen. At the last election we were go
ing to have a board of James McKeens. but
somehow or other we got a board which sold
out i Tammany. How would it do this time
really to put the good resolutions into practice
and stop nominating the Citizens Union ticket
men who cannot be trusted?
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1903-08-16

noting the general civilization and nrelhgehee
of the negro by raising him up, instead Oh sys-
tematically brutalizfng him by lyneninG anu
peonage and keeping him in detection ana des-
radiation
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1903-08-16
TRANSATLANTIC TRAVELLERS

On the Campania. which arrived NesCe'1aS' - :,
Mrs Cornelius Vanderbilt Sir William tci4aao' - -
Miss Nav CsSs1er Mrs B1otn- Tucker
Nm TbCr,as Nii,utt Bras Captain = r. LlrncF,
1iSS s,- Ah0IlS -A''au'' ~ Tse Hon. Reginald Ward
w : C.,rr,irhsel Colonel ?. a WslA
CctoDsl ~ = tffgglas Vernon G. Brown
me ~ ~ IIsS} Strath- James NJ Bryce.
CA ana Mo1fnt Royal A. NJ Borthwick
Lady Sprathcona-
ON the E-tr,,rIa which sailed yesterday, were
-, - ,. :. 49,, Peter Ottessn, Consul Geis
"iI 90 ms - ~ eral from sweden an
p Sooner Hewitt Norway IN japan
Nf.t~~ # 6 TCr~D A C. Flatt.
NJ ana NJ = II Nfghau. George III. shaw.
lieutenant Frank Mar5e S9iots4 n -T -
Ms. Marble. H. > y
Fred II. Norris.
On the Nresaba which sailed for London yests>
-, - NJ. lDr. E. Guernsey Rankin
NJ and Mrs. EdSar = ti-euey..e E~-r
Cook MS L > -"-
On the ST Paul. which arrived YESTERDAY. .,
Captain J. Il william Nilse'
MT. and Ms a. Bryson- :; = Se4esS.
n = Dero- T.. AlyrOn Leasltt
Jc,n r,~ris,,-9 Ifuga =. Miller .-.v-
Mrs Wtliar L. Fl-tott MIS- Wniieih No.
Ms Ms LOUIS T n riII5gt DR. Charles Rathbons
Horace II. FurDess. tr AiS- Aoi.ie y. -
Mrs Horace r. 3urnesS y Ssahissss $50 Ssauza
4. Fl Hunmel MIS- os55.ts,-~S
Mrs William Winter Jea'er- a J. WASH, vvsllnza
AIS $t44a :" w.
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1903-08-16

The opening of new Fairgrounds in this city
is always welcome. Tenement house children
have better opportunities for open air enjoy
rnent in the Boroughs of Manhattan and The
Bronx than they had few years ago.
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1903-08-16
NETWORK SOCIETY.

While Newport. Bar HarbOr, Saratoga and
Southampton have each of them been gay during
the week which came to a close yesterday. the
son has been especially brilliant in the AdirOn-
dacks. Large house parties have been in progress
at all the camps that dot so picturesquely shores
and islands Of the various lakes. Entertainments
Of every kind succeed another with rapidty
that savors rather of town than of the woods.
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1903-08-16


ing @ir. Bostwick's autonObiIe establishment
September IS has been set as the date OF n. ..
nual horse show at Lenox. Mass. II viii b 49,
on William D. Sloane's Highland Farm grou,S,
Charles Lauier. Reginald c. Vanderbilt ros,
sloane. Frank X. Sturgis. David Lydis ana af,.s
Marion Haven win be among the exhibitors
Mrs. Clarence T. Mackay was In town ysstsr4av
and after taking luncheon az Sherry's returned :,
the afternoon to her country place at Rosyn. Io..
Island
Mrs Vanderbilt and Miss Gladys Vanderbilt han.
returned to Newport and are at the Breakers
Among those who arrived yesterday on board "a.
Campauia and who IN town are Captain "A.
Hon Thomas and Lady IGiEa Brasssy. Caoss,
Brassey IS the eldest son and heir OF Lord Brass.-
He served throughout the Boe- war in the am
and Is editor OF The Naval Almanac
Mr.. and Mrs. Herbert Parsons are receiving con-
gTatuIations the birth of son at their villa
at Newport. Mrs. Parsons is the daughter OF n
and Mrs. Henry Clsws The boy has been named
after his father.