davidaulloa/AmericanStories huggingface dataset:
Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1904-03-24
MILITARY CONTROL
TWO COUNTIES.
San Miguel and Las Animas Are
Both Quiet and Peaceful Up
To Present Time.
NO PRESS CENSORSHIP YET.
AT Mil a Companies Ordered Out
ow, fcabody's Action Declared
TO be unwarfauted,

Denver, March 2i-Miliiary Jaw Is IN
operation today in two Colorado ooun-
ties--san Miguel and Las Anmas' Re-
ports from both districts are TO the ei'
feet that conditions at present are
peaceful. At Telluride. San Miguel couh'
~, press censorship is exercised ana 10
news is sent out except such as is APP
proved by the military authorities NO
press censorship has yet been es'ao-
llshed at Trinidad or other towns IN the
coal fields,
At the capitol no secret is made OF
the fact that the purpose In declaring
martial law in San Miguel county is to
prevent the return to Telluride OF the
union men who were expelled from the
camp by the armed organization OF
business men and who have announced
their intention to 20 back under pro-
lection of an injunction granted by DIST
Judge Theron Stevens, Capt Bulkley
Wells whom Gov. Peabody has APP
nointed military commander or the dis-
trict was one OF the leaders OF the sar-
~ that drove the union men ana tneir
sympathIzers out of the camp, lie mas
said that II the exiles should attempt
10 return they would be regarded as
characters likely to create disorder III
the district and would be dealt win ae-
cordingly. .s
All companies OF the national guard
that have not already been oruereu
ont are under orders TO be prepared 10
take the field at short notice. AZ yel
troop A OF Telluride only Is on duty
AZ that place but It Is unofiicially an
Iounced that the Meeker troop mas
been ordered to proceed to Tellurlde,
and that several companies OF infantry
will also be sent there.
PEABoDY's ACTION UNwAR-
RANTED,
Trinidad, Colo, March A,-Delegates
OF the coal miners unions Of southern
Colorado held a convention here today
10 consider a proposition to return TO
work on the terms In effect Wnen the
strike was inaugurated last fall.
William Howels president or dls-
trict No. Is, United Mine Workers OF
America, made strong statement IN
defense Of his conduct Of the strike.
"The action OF Gov. Peabody IN
calling out the militia and declaring
martial law" he said, lis absolutely
unwarranted by the conditions. There
has been no violence nor any attempt
OF II. The only disturbance that has
occurred since the strike began In NO.
yember was occasioned by agents OF
the operators We have counselledi
moderation from the beginning and
we shall adhere to our policy Reports
that strikers were gathering arms Is
absolutely untrue. They are peaceable
and obey implicitly our directions
Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1904-03-24
DEATH OF MRS. LOGAN.
Well Known Resident Passes Away
After Three Weeks Illness.

Mrs, Ellen C. Liggan died this morn
ing at o'clock at her residence 6ls
south East Temple street, OF kidney
trouble after an illness Of three weeks.
she was SO years OF age and was born
In County Armagh, Ireland, and was
formerly OF Park City and ogden. She
leaves surviving her three daughters,
Misses Margaret, Annie and Lula. No
arrangements have as yet been made
for the funeral.
Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1904-03-24

Trust company be appointed admins
traitor The estate consists OF cash on
deposit amounting TO 5000. II Is al
legged In the petition that decedent left
no heirs and hence creditor OF the
estate Is entitled 10 letters OF admins
tratlon. The petition Will be heard by
Judge Hall on Friday April 5, 1904.
Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1904-03-24
Anderson Divorce.

Suit for divorce has been filed In the
district court today by Christian Ander-
son against Carrie II, Anderson on the
ground OF desertion, They were mar
rled at MantI on May 0, 1898, and II Ii
alleged that defendant deserted her
husband on Nov. %, 1902 Plaintiff asks
the custody OF their two children who
are now livng with him at Murray.
Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1904-03-24
LAID 10 REST

The funeral OF Harry A. Woods. the
popular hotel man who died Tuesday
took place yesterday under the auspices
OF the odd Fellows, interment being In
Mt Ollvet cemetery. Mr.. Woods came
10 Salt Lake about two years ago from
Decatur Ill.,, where his father Is well
known physician. He Immediately en-
tered the employ Of j. q. Scott. proprie-
tor OF the Windsor hotel in which po-
sition he made many warm friends. He
was the author Of the Woods map, a.
guide 10 Salt Lake, and was well liked
by his many associates, who placed a
beautiful wreath upon his casket as a
token OF their esteem and frlendshlp.
Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1904-03-24
Wants TO he Administrator

A petition for letters OF admnistra.
ton OF the estate OF Patrick l{lnsella,
deceased, who died In this city on
March is, 1905, IL filed In the probate
division of the district court today by
y, d. Evans, creditor OF the estate,
VINO asks that the Utah Savings &
Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1904-03-24
JONES WINS.
oregon short Line Loses Condemnation
Suits ON West Side property,

oregon short Line Loses Condemnation
Suits ON West Side Property.
Tho jury lr the condemnation suits Of
the Oregon Short Line Railroad com.
pany against W, II. Jones, Jr.. ct uA.,
were tried Jointly In Judge Stewards
court, this morning returned yerdIcts
IN favor Of defendants In the first
action the verdict was for total Of
Sl2, 1850 and In the second II was for
so.73l50, at which amounts tho jury
fixed the value OF the property con.
demned. The property consists OF 10
rode by seq feet Of ground located on
the northwest corner OF Second South
and Third West streets.
Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1904-03-24
COLDS LEAD TO PNEUMONIA.

LAXATIVE BRoMo QUINlNE re.
moves the cause. To get the genuine call
for the full name and look for the sigma
ture OF Il. w. Grove. DC.
Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1904-03-24

Cure Sick Headache, Bill
iousness, Sour Stomach
and Constipation. Sole
everywhere, 2sc. per box.
Prepaedby Hood & Co., Lowell. Mass,
Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1904-03-24
WAIST STUDS.

Abig ssortment OF Shirt Waist STUDS, P. sH
pearl with gold mountings and variety :" ~.
designs for Ladies' or Gentlemens wear ~
Selling at SOC set. One hour "''"''''"'
Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1904-03-24
Fl le II Record II =

We will do the rest-the record d'sj
come Off til he pays.
MERCHANTS PROTECTOR
Scientific Collectors Of Bad Debts
Top Floor Commercial Book
Francis G. Luke. General MahasT
"Some People Don't Like us"
Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1904-03-24
DR.. Shops Restorative.

Can be taken on trial For a full month
| will let you use II entirely al my risk.
Send no money Just write me for the
book you need. When send II will tell
you OF q druggist near by who will per-
NIT the months trial. Use the Restota-
tive month, Then decide. II you say
to the druggist. at did not help me" that
vii lrelleve you OF any expense what
ever. He viii bill the cost to me.
This Is my way OF clearing your mind
OF all doubts as TO what DR.. Shops Res.
toratlye can do No matter how preju-
diced, you cannot dispute this absolute
security | offer. You cannot reSst an
ofrer like this II you are at all sick.
II you have weakness, write me. IL
you can't do things like you used TO do
them. tell me about H.
Write In confidence As physician |
will tell you n way TO help. Get my book
now--tOday,
Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1904-03-24

Are prepared from Ma.
lures mild laxatives, and
while gentle are reliable
and efficient. They
Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1904-03-24
BOSTON MARKET.

Closing quotations today as re-
ported by Hudson & Sons Co.,
brokers, were:
Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1904-03-24
CORSETS.
DRESSING SACQUES.

The rain and snow kept you from eou.' al n our
day. VIII place ON sale again for one uOo' W. 1Tc
Sacks In Fleece Lined, Lawns ana ou"'' Wv
Flannel selling at 800 for. =" go go 800
Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1904-03-24
MEMS GLOVES.

II ia absolutely necessary to dispose uS % them
goods, while you are shopping ga correct styles
IN street and evening Gloves selling TOT wv
81. 50 and Si.g5 pair For one hour " " 49,
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1904-05-06
FEELING. MUSIC.

IN feeling music the sound is con-
Quoted from the instrument to the per-
son by means of electric wires. In
stead of the sound waves merely knock
ing on the tympanum of the ear, as
in listening to music. the waves Of har-
nony course clear through the body,
SO that the tune is felt from head to
foot. The device can be attached to
any kind of musical instrument, so that
one can feel piano, photograph, gu1-
tar, banjo, or a trombone, and If wire
could be attached to every horn per
son could feel the music OF a brass
band. Those who have practiced feel
ing'' music have demonstrated that
they can easily discriminate between
the feeling of different airs as well as
OF different instruments. They could
readily distinguish the feeling II
Home. sweet Home" from Ny Rag
time Chinarnan, although they We're
separated from the instrument by walls
so thick that the music could not pos
sibly be heard.
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1904-05-06

A unanimous opinion of the Supreme
Court, written by Chief Justice F'rear,
gives Lucy K. Peabody a chance to
prosecute her action to quiet title
against S. NJ. Damon, j. D. Carter, w.
f. Allen, C. NJ. Hyde and w. Q. Smith,
Trustees under the will of B. P. Bish-
op, deceased.
Circuit Judge De Bolt directed a jury
to find a verdict for the defendants. A
writ sof error obtained by the plaintiff
carried the matter to the Supreme
Court, where it is now decided on
motion by defendants to quash the
writ. Some of the grounds of this mo-
ton are found well taken, but the writ
will only be dismissed If the plaintiff
fails to perform a certain condition, as
may be seen further on, which is APP
parently easy. E. G. Peters appeared
| for the plaintiff; Kinney, McClanahan
| & Cooper, S. H. Derby and Holmes &
| Stanley for the defendants.
| One of the grounds of the motion to
quash was that plaintiff had satisfied
execution for costs and therefore was
estopped from bringing a writ of error.
The Supreme Court finds in effect that
| the costs were but a small part of the
/ case. Judgment for the possession of
the land was the main thing and it was
not satisfied. Hence the writ of error
would stand in that regard.
/ Another ground was that service was
not made on c. NJ Hyde (the late DR..
HYDE, but the Supreme Court holds
! that service on dead man is unneces-
sary.
| A substituted service as TO defendant
Allen is held invalid and the motion to
strike from the record an amended re-
turn of service is granted. At the same
time the Supreme Court says:
Service on the defendants was not
a prerequisite to bringing the record
i here. The writ goes to the clerk OF
Judge of the lower court, The clerk
or judge returns the record to this
court. This court acts on the record
Service on any defendant is necessary
merely to enable the court to dispose OF
the case as to him, because he is en-
i titled to a hearing before his rights
can be affected. But If, as is the case
/ here, the record shows that he never
was party, though he was named as q
defendant, and that he is not entitled to
q hearing, the court may act without
| notice to him.
The conclusion of the opinion gives
the plaintiff an opportunity to have
| proper service made on the defendant
not properly served before, the court
saying: THE writ will be dismissed
unless the plaintiff within ten days
takes proper steps to enable the court
to proceed to hearing as to defendant
Allen
AS part of the grounds ON which the
case was thrown out of the Circuit
! Court related to the failure of service
on the dead trustee, the Supreme
Courts decision virtually, so far as
that point is concerned, requires a trial
of the action on its merits.
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1904-05-06


WILL OF SAM SACHS.
l.. Schweitzer has petitioned for pros
bate of the VIII of Samuel Sachs. in
which Samuel, son of the testator, and
Mrs Mary. Downey are named as de-
yisees and legatees and the petitioner
is named as executor. The estate is
represented as all personal and valued
at STOPS.
I'm recognition of the services and
friendship of Mrs. Mary Downey,s the
testator says. ct do give. devise and
bequeath to the said Mrs. Mary Dow
ney the sum of two hundred and fifty
dollars, and I do request that the said
sum be paid over to Mrs. Downey out
of moneys now in the bank in my
name"
All his remaining property he pro-
ceeds to leave to his son Samuel,
allowing him during minority an in
come of $40 a month and appointing
Mrs. Emma Publ as his guardian.
In the will, executed February 2, 1902,
in presence of Chas. j. Fishel, VIM.
Merz and Edwin S. Gill. the testator
appointed Eli Peck, who has since died,
as executor. BY a codicil dated May s.
executed in presence of Johannes f.
Eckardt, james NJ. Tracy and Morris
Rosenbiedt, Mr.. Schweitzer was SUBJ
stitutad as executor.
ALLEGED TELEPHONE yANDAL-
ISM.
Henry E. Cooper, in his petition en-
which Judge Gear ordered a temporary
writ of injunction against the Mutual
Telephone Co. says he is the ownei
and in lawful possession of premises
on the corner of Punahor and Bere-
tania streets, which are used as hons
by himself and his family. Upon the
premises and fronting on both the
streets named are certain royal palm
trees, of great value and beaut-. ant
highly priced by plaintiff as ornaments
to his residence. Then the grievance
is thus stated:
"That the defendant. the Mutua
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1904-05-06
THIS DAY
Big Auction
Clearance Sale
FRIDAY, MAY 9Th.
AT 10 O'CLOCK a. NJ,

At my salesroom. Kaahumanu street,
Everything to be sold positively with
out reserve.
GinGhalns. Blue Serges Blue Velvet,
Japanese Sandals, White Duck, Mems
Black Shirts, Mems Felt Hats, Mems
Straw Hats, Pictures, Writing Paper,
Neck-ties, Lining, Towels, Nail Ham
mers, Table Forks, Inside Door Sets,
Rim Knob Locks. Saucepans. Epfcu-
rean Baby Olives, Epicurean Heans-
Tomatoes, Worcestershire Sauce, Mus
tard, Deviled Chicken, Spices. Con-
densed Milk, Table Fruit. White Lead.
Mating, Rugs, Cooking Utensils, Toilet
Sets, Crockery, Water Filter. Bread
Tin, Lamps, Dining Tables, Kitchen
Tables. Rockers, Dining Chairs Iron
Beds, Springs and Mattresses: Oak
Double Beds. Springs and Mattresses;
Bureaus, Sofas. Lounge, Washstands,
Chairs, ONCE Desk. silk Thread, Rice,
Bicycles, Trunks, Parlor Tables. Plants,
ETC., etc..
JAS. F. MORGAN,
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1904-05-06
COMPANY
IS LIABLE
II. .Jeffs Gets Humid
red Dollars In
Damages
Lindsay Says Conductor
Made Fool Of
Himself.
Gave Transfer When He Should
nj and Second Conductor
Elected Jsffs.

Another hundred dollar judgment
was given against the Honolulu Rapid
Transit Co.. in district court by Judge
Lindsay yesterday afternoon. Harold
Jeffs sued the company for $500 dam
ages, for being forcibly elected from
a Beretania street car, after the con-
ductor had refused TO accept a trans
fer given him on the King street ear.
Jeffs in his testimony stated that he
had paid Ave cents to the conductor
of the King street car and at Alapai
had demanded and been given a trans
fer to the Beretania street line. He
walked from King to Beretania streets
and boarded the first car. He rendered
to the conductor on this car the trans
fer from the King street conductor,
which ne claimed to have accepted in
good faith. The second conductor de-
clined to accept the transfer ticket and
demanded FIVE cents, which Jeffs said
he refused to pay. He was thereupon
elected from the car to his great
humiliation. discomfort, etc.
The defense interposed by the Rapid
Transit Co. was largely on the legal
phase of the question. w L. Whitney,
who appeared for the defendant, con-
tended that the company was not re-
quired either by its rules or by its
charter to give transfers from King
street to Beretania street and that the
transfer rendered by Jeffs had been no
more than a worthless piece of paper.
The case, he said. was different from
the Rhodes case wherein the plaintiff
had a right to the transfer, in accord
ance with the rules of the company.
but here there was no authority for
the. issuance of the transfer at all.
THAT was not your contention in the
Rhodes case mildly suggested P. L.
Weaver who appeared for the plain
tiff -
mo, that was not our contention
but it is what the court held and that
is law until reversed =
Judge Lindsay said that argument
on the part of the plaintiff was not
necessary. The facts of the case do
not seem to leave much room for argu-
n1ent.' said Judge Lindsay in finding
for the plaintiff. II am satisfied that
the defendant is liable and shall award
Judgment for the plaintiff. I think
that one hundred dollars damages is
SUFFICIENT. with costs of court
Mr.. whitney asked that the court
pass upon the matter more fully and
though Judge Lindsay said he didn't
have to, he consented IT believe the
defendant corporation from the evil
dence. is fully convinced that the first
conductor made fool of himself. and
should not have given the transfer, .
said the court ssAnd I believe that a
jury would find that the conductor
made several kinds of a fool of himself.
But the plaintiff, Mr.. Jeffs. accepted
l the transfer in good faith and rendered
lit to the conductor on the second car
There is no doubt but what he was
hunniliated and elected and suffered
great discomfort
Mr.. Whitney gave notice Of appeal
to the circuit court. The incident for
which damages were awarded took
place February 29th.
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1904-05-06

u,alanhone Co, Ltd, is engaged IN the
yaconstruction of its lines of. telephone
,la1,o, said Puuahou street and Bere-
ta,,ia street. and that in the construc-
ton of said lines along Punahou street
has ruthlessly, n1aliciously and unnec-
assarily destroyed one of said palm
traes. and is continuing in the recon-
struetion of said telephone lines along
said Reretania street, and although
notified by the plaintiff to desist from
further mutilation or destruction OF
said paIm trees on Beretania street,
has absolutely refused to do SO; and
bas announced its intention Of con-
timing the mutilation and destruction
of said palm trees, and that the plain
tiff verify believes that it VIII do so
unless restrained by the process of this
honorable court.
.aThat the mutilation of said palm
frees is wholly unnecessary for the bet
taruert of defendants service. or the
,.aconstr,ction of defendants lires. and
that said lines can be reconstructed
without any hardship to defendant, and
in such way as to avoid the fnutila-
ton of said palm trees
s.That said acts of defendant are
without any justificatioE of law what
soever, and are in contravention Of
plaintiffs rights under the laws OF the
TERRITORY of Hawaii and under the Con-
stit,1tion of the United States, and that
said acts if continued viii cause plain
tiff irreparable damage and injury in
canafsIe of compensation in an action
at In W -
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1904-05-06
TO CURE ANY DISEASE.
The Cause Must Be Removed, Same
Way With DandruT.

Kill the germ that causes dandruff,
falling hair and badness, you will have
no more dandruff. and your hair must
grow luxuriantly. Newbro's Herpi-
eide not only contains the dandruff
germ destroyer, but 1t is also a most
delightful hair dressing for regular
toilet use No other hair preparation
is on this scientific basis of destroying
the dandruff germs. 1t stops all ir-
ritation, keeps the scalp sweet, pure
and wholesome. Remember that some
thing claimed to be Just as good, -
will not do the work of genuine Her
picide. Sold by leading druggists.
Send 10c. in stamps for sample to The
Herpicide Co., Detroit, Mich.
HOLSTER Drug Co., Special Agents.
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1904-05-06
AcrIoN DISMISSED.

Judge Gear, at the request of the
plaintiff, ordered the discontinuance of
the action to quiet title in q leasehold
containing about twenty-one acres at
Waikiki, brought by Lam Wo Sing
against Moses Puahi, L. K. Puahi and
Tam Pong Fleming and Derby APP
peared for plaintiff; Ashford for de-
PENDANT
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1904-05-06
NEw cARTER TRUSTEE.

Chief Justice w. F. F'rear has, in ac-
cordance with petition of a majority
of the benefciaries. appointed John r.
Gait as a trustee under the will OF the
late Henry A. P. Carter, to hold with
George r. Carter and J. o. Carter. now
acting as trustees, with the same pow
ers.
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1904-05-06
.AxTELL VS.. HENDRICKS.

j. C. Axtell's damage suit against II
E. Hendricks for malicious arrest got
well under way on new trial before
Judge Gear and jury yesterday. The
plaintiff was on the stand large part
of the day.
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1904-05-06
NOTICE.

All persons who have made applica-
tion for membership in the Honolulu
Mutual Burial Association through
Manuel Silva, and who are in arrears
for their certificates, will please call
at the Office OF the secretary and ar
range for the same. Manuel Silva is
no longer authorized to act as an agent
for the Association. BY order of the
Board. ]. H. TOWNSEND, Sec.
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1904-05-06
CONVICTED OF FELONY.

Kawamoto was found guilty by a
jury, before Judge De Bolt yesterday
of an outrage w. S. Fleming and w.
T. RawIins appeared for the Territory,
and E. A. C. Long for the defendant.
The following jury was found satisfae-
tory as drawn. Percy Lishman, c. j..
Falk, j. r. Gait, w. NJ. Buchanan, w.
E. Brown, S. K. Paulo, John Kidweil,
Jas. Bicknell and c. j. Ludwigsen.
Three witnesses were called and five
exhibits presented by the prosecution.
The defendant had four witnesses and
the prosecution put on witness in
rebuttal. 1t took the jury nine minutes
to find the defendant guilty. Notice of
motion for a new trial was given by
Mr.. Long. Sentence will be pronounced
at o'clock this morning.
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1904-05-06
DIVORCE REFUSED.

An unusual thing in Hawaiian juris-
prudence happened yesterday, when
Judge Gear denied a decree of divorce
to Rose Kaia,oa against Solomon Kaia-
loa. If there is anything justice in
Hawaii is speedy in, it is in putting
asunder what God hath Joined" and
the number of divorces refused is SO
small as to make one remarkable when
it happens. J. Lightfoot, attorney for
the Iibellant in this case, noted an ap-
peal w. L. Whitney appeared for the
libellee Judge Gear took a day to de-
eide the case after its hearing.