davidaulloa/AmericanStories huggingface dataset:
Albuquerque evening citizen. [volume] (Albuquerque, N.M.) 1905-1907, 1905-07-20
CONTRACT OF WATER
SUPPLY COMPANY
Requires no Payment to the Company for Hy-
drants Unless Ordered by
the City,

pany. A quotation from the contract
of 1894 will more clearly illustrate
the correctness of our position:
ITO pay to said company hydrant
rental during the period of twenty
five years from and after Ahe date
of the approval of said franchise by
the people, as follows:
''For the first 100 hydrants. $50
each per annum. The city to pay
such rental from said date for 100
hydrants, eighty-four of which are
now in place, and sLsll not be dis
turbed, or the location thereof
changed, and at least four of the
remaining sixteen to be placed on
mains already laid, and the other
twelve, at the option of the city
council, to be placed either on mains
now laid or on extensions to be
hereafter ordered; provided, that
the city may order extensions of the
mains until 100 hydrants are in
place, without reference to the
amount OF income from such ex-
tensions, the city to take hydrants
at the rate of ten per mile on such
extensions; and the connections
made necessary by conformance to
the requirements of said franchise
as to the length of four and FIVE
inch mains without feeders, shall be
counted as extensions emitting the
said company to have hydrants
taken at the rate of ten hydrants
per mile, said connections not to ex-
ceed twenty-one hundred and sixty
feet.
"All additional hydrants which
the city may need after the first 100,
shall be rented from said company.
and paid for at the rate of $35 each
per annum."
The last sentnece of this quotation
S the one upon which the Morning
Journal bases it's assertion that II the
,ity erected hydrants of its own, it
would still be compelled to pay to the
water company $35 per year for each
,f them; but when all of the pro-
visions in the contract as to hydrant
rental are taken together. 1t is per-
ectly clear that in 1894 the city and
he water company were considering
lydrants' to be furnished by the water
company, and payment therefor, and
lot any other hydrants furnished by
any other company or by the city
tself. It never entered the. mind of
my one that the city, for the twenty
i've years of the franchise, was put
ing itself into a state OF absolute
to the water company. That
his contract does not mean what the
Journal says 1t does, will be perfectly
obvious If We consider for a moment
What would have been the result If,
n 1894, 1t had been distinctly pro-
posed that payment must be made to
he company for all hydrants, even
f furnished by some other company,
>r by the city itself. Such a proposi-
ion would have been instantly re-
ected, and 1t Is now too late, in the
light of all the Surrounding circum-
stances" which attended the making
" the contract in 1894, to attempt to
sive any such preposterous meaning
o single sentence, which, taken in
with what precedes It. can
'e held to apply to nothing except the
lydrants which the water company
night be called upon to furnish under
he terms of its agreement.
Albuquerque evening citizen. [volume] (Albuquerque, N.M.) 1905-1907, 1905-07-20
ANOTHER INSTANCE OF
LAWS UNJUSTIfIED DELAY

Philadelphia, Pa, July 20-This
was the date originally fixed for the
hanging of Joseph Gibson, who mur
dered John Thomas, the old watchman
of the Houston club, of the Uniyer.
sity of Pennsylvania, but Governor
Pennypacker has granted a stay in
order to allow the board of pardons
TO consider an application for a com
mutation of the sentence to life i'm.
prisonment.
Thomas murder was one of the
bloodiest and most brutal that was
ever been committed in Philadelphia.
The watchman detected Gibson In the
act of robbing the building at night,
whereupon Gibson set upon him with
hatchet and beat the old man almost
beyond recognition. Gibson Is West
India negro, and it is asserted by his
counsel that he is not mentally re-
sponsible.
Albuquerque evening citizen. [volume] (Albuquerque, N.M.) 1905-1907, 1905-07-20

! that is all he does for monarchy And
so long as that is all he is asked to
do, things are apt to go on very much
as they are at present. The Canadian
is proud to share in England's glory:
to be member of the empire ON
which the sun never sets. and the
drum beats OF whose gar isons follow
the sun around the world. All that
business fills the Canadian with ar
/ dor.
He is willing to let the British
treasury pay the $4,000 salary of the
governor general, and he Is willing to
have a governor general so long aa
the office is q mere figure-head. The
Canadian is willing to send few vol
unteers to aid the mother country to
light the Beers or others, so long as
Great Britain makes no effort to force
levy of soldiers, or to tax the cost
OF the war against the colony.
Canada is willing to give England
slight preference In her trade re-
lations, so long as 1t does not inter-
fere with the full development OF
home industries. In short, the Can
adian is delighted TO cheer for the
king, so long as it is mere matter
OF cheering.
An American, who was ON his first
visit to Canada, and who was some
what surprised TO find no greater
difference between his own republic
and the colonial tributary to the Brit
ish crown, expressed the situation as
follows:
"In ali the essentials of genuine lib
erty the people of Canada are as free
as the people of our republic. Their
traditions of personal liberty are our
trations; they have the Magma Charta,
the writ of habeas corpus, the right
of trial by jury, and to cross-examino
the complaining witnesses; they have
representation in exchange for taxa
tion, and the law-making of the coun-
try is done by the people. Personal
liberty and private property are as
sacred in Canada as In the United
States. The Jurisprudence and the
traditions Of the law are the same.
''In short, 1t is in the -non-essentiaf
forms that the countries differ. In all
matters which are vital to the liberty
OF the people, the two nations ars
now almos Identical"
Albuquerque evening citizen. [volume] (Albuquerque, N.M.) 1905-1907, 1905-07-20
CHICAGO FEELS THE
HEAT WAVE LIFTED

Chicago, July 20.-The hot wave
was broken yesterday afternoon in
chicago and vicinity. There were
only thirteen prostrations, and the
day generally was endurable EXCEPT
TO persons engaged in hard labor and
In unprotected places out of doors
Although the day was cooler than
either Monday or Tuesday, the death
list, both of adults and babies, was
longer. Though there were only thir
teen prostrations, there were fifteen
deaths of adults and nineteen of in.
fants.
Albuquerque evening citizen. [volume] (Albuquerque, N.M.) 1905-1907, 1905-07-20

The Morning Journal. in its desper-
ate effort to stay the rising tide of
public sentiment in favor of the es-
tablishment by the city of system
of water works in case the water COM
pany demands an unreasonable price
for its antiquated plant, picks out
single sentence from the contract be-
tween the city and the water company
and draws therefrom the conclusion
that IL the city should take such a
course. it would be compelled, not
only to pay hydrant rental to the
company for the hydrants now in use,
but also $35 per annum for any hy-
drant which the city might establish,
and to which 1t might furnish water
from the city water works. But con-
tracts are not to be construed in
this way. They must be taken as a
whole, and isolated sentences cannot
safely be considered and passed upon
without reference to the context, the
general subject matter and surround
ing circumstances. A brief quotation
from the supreme court of the Unit
ed States will show what the true
doctrine is:
Courts, in the construction of
contracts, look to the language en-
ployed, the subject matter and the
surrounding circumstances. They
are never shut out from the same
light which the parties enjoyed
when the contract was executed,
and in that view they are entitled
to place themselves in the same
situation as the parties who made
the contract, so as to view the cir
cumstances as they viewed them,
and SO to judge of the meaning of
the words and of the correct appli-
cation of the language to the things
described"
In accordance with this rule, let us
consider the subject matter of the con-
tract which was made in 1894 be-
tween the city and the water COM
pany, and the surrounding circum
stances, and attempt to place our
selves ''in the same situation as the
parties who made the contract, so as
to view the circumstances as they
viewed them, and so to judge of the
meaning of the words and of the cor
rect application of the language to the
things described"
The subject matter of the contract
was the furnishing of water to the
city and to its inhabitants by the
water company upon terms and under
regulations which were provided for,
and for a compensation which was
fixed. 1t is absurd to say, as the Jour
nal contends, that it was ever within
the contemplation of the parties to
the contract that the city or its in
habitants should pay anything to the
water company for water which 1t did
not furnish, or rentals for hydrants
which 1t did not supply. The contract
did not attempt to give the water COM
pany any exclusive privilege, and II
it had so attempted, it would, to that
extent, have been Intellectual. If an
other company had come in, and with
the consent of the city council, oc-
cupied part of the city, selling water
and renting hydrants to the city, 1t
could not be contended that the city
should pay twice over for that water
or those hydrants, once to the old
company and again to the new com.
Albuquerque evening citizen. [volume] (Albuquerque, N.M.) 1905-1907, 1905-07-20
BANK CLERKS ASSEMBLE
IN THIRD CONVENTION

Minneapolis. Mimi, July 20.-The
eyes of active bank clerks throughout
the country are now turned toward
this city. where the third annual con
vention of the American Institute OF
Bank Clerks opened today. This an
nual gathering of the younger genera
tion of bank men bears the same rela-
tion to the clerk as the convention of
the American Bankers association
does to the officer. Papers are read
on practical banking topics, debates
held and the business of the institute
is transacted during the three days
while the social side is not neglected.
The present convention is attended by
about $50 delegates representing forty
five cities of the United States and
Canada.
Albuquerque evening citizen. [volume] (Albuquerque, N.M.) 1905-1907, 1905-07-20
STILL LySEARChING
FOR LOST CHILD

. Special to The Citizen. I
. Holbrook, Ariz., July 20.-At Z
. noon today 100 men and scouts I
. are still searching the White I
. mountains for Katie Hatch. I
1t is believed that the scout, Z
. Chicken" has found a new trail, I
. as he did not come in to Cooley's 4
. ranch last night for food, but Z
. sent word by an Indian to Mr.. I
Cooley, as follows: S"Poco item Z
. pc; me find" Z
. All hope OF recovery OF the 4
. child is centered in him, he be- I
. ing the only person able to fol- 4
low the trail Of the little girl, 4
: who is now believed to have per- Z
3 ished. 4
Albuquerque evening citizen. [volume] (Albuquerque, N.M.) 1905-1907, 1905-07-20
ROYAL ARcANUM FIGHT
MERRlLY is PROGRESSING.

Boston, Mass, July 20.-In line with
similar action taken in other states,
the Massachusetts grand council of
the Royal Arcanum met today and
adopted strong resolutions of protest
against the action Of the supreme
council in advancing the insurance
rates of the order Under the consti-
tuition OF the order, If a majority Of
the grand councils petition the su-
preme regent, that official will be re-
quired to call special meeting of the
supreme council TO reconsider its ac-
ton. Should the supreme council
then continue In its action to rescind
the increase in rates 1t is considered
probable that many members will
withdraw and unite In forming a new
order.
Albuquerque evening citizen. [volume] (Albuquerque, N.M.) 1905-1907, 1905-07-20
WISCONSIN GOLFERS ARE
IN ANNUAL CONCLAVE

La Crosse, Wis, July 20.-Repre-
sentatives of all the prominent golf
clubs of the state were present today
at the opening of the annual tourna.
ment of the Wisconsin State Golf as
sociation on the links of the Schaghti.
coke club. Todays program included
the preliminary qualifying round for
the state championship, also the first
round for the state championship cup,
the first round for the consolation cup
and the match play handicap contest
against bogey.
Albuquerque evening citizen. [volume] (Albuquerque, N.M.) 1905-1907, 1905-07-20
EMPLOYING PRINTERS
coNGREGATE AT MILWAUKEE,

Milwaukee, Wis, July 20.-Employ-
ing printers Of the central northwest,
embracing Wisconsin, Michigan, north
ern Illinois. eastern Minnesota and
northeastern Iowa, are in session here
today to take action on the demands
of the International typographical
Union for the Inauguration OF the
eight hour day on January 1, 1906. It
is probable that no definite decision
will be reached until after the employ
ers Of this section have communicated
with the typothetae of other parts OF
the country so that united action may
be taken in complying with or oppos-
ing the demands of the printers.
ticua f. EaHh ...s ia ROD Cd 90
Albuquerque evening citizen. [volume] (Albuquerque, N.M.) 1905-1907, 1905-07-20
GoD-GIvEN RAINS SAVE
MANY FROM DEATH.

Chicago, July 20.-The warm wave
has passed off the Atlantic coast and
moderate temperature now prevails
in all districts. Local rains have pre-
vailed in the Ohio valley, Tennessee,
Arkansas and Missouri. Local rains
are indicated for the lower Ohio and
the middle and upper Mississippi val.
leys, and the southern part of the
western lake region. Moderate tenn
peratures will prevail in the lower
Ohio, middle and upper Mississippi
valleys and from the lake region to
the lower Missouri valley during the
next two days.
Albuquerque evening citizen. [volume] (Albuquerque, N.M.) 1905-1907, 1905-07-20
DAKOTA sPoRTsMEN
HAVE ANNUAL SHOOT

Grand Forks, n. D., July 20.-The
annual tournament of the North Da-
kota State Sportsmen's association
opened here today under the auspices
OF the Grand Forks Gun club. There Is
a large attendance Of prominent shots
from North Dakota and neighboring
states and also a number of well
known experts and professionals at
tracted by the liberality OF the prizes
offered. Today's events included tea
events Of fifteen targets each and a
team shoot at twenty-five targets. The
tournament will conclude tomorrow.
Albuquerque evening citizen. [volume] (Albuquerque, N.M.) 1905-1907, 1905-07-20
CAPTAIN HoesoN's WIFE
ILL IN DIES MONIES

Des Molnes, Juy 20--Mrs. Rich
mond Pearson Hobson, wife OF Captain
Hobson, the hero of the Merrimac, is
i'll at Mercy hospital. Captain Hob
son is at the bedside and some of his
lecture dates may be cancelled. Mrs.
Hodson was suddenly taken Ill while
passing through Iowa. She gradually
grew worse until she reached Des
Moines. He rsickness is said to be of
minor nature, but some concern Is felt
lest II become serious.
Albuquerque evening citizen. [volume] (Albuquerque, N.M.) 1905-1907, 1905-07-20
ONE HUNDRED THOUSAND
SLEPT OUT LAST NIGHT

New York, July 20.-The heat wave
was broken late yesterday by heavy
thunder storm. According to the po-
lice, at least 100000 persons slept out
of doors last night, enjoying Z coed
rest in the cooled afl.Jsphere. Ev-
cry public park was filled to over
flowing, while the recreation piers
along East and North river were also
crowded throughout the night.
Albuquerque evening citizen. [volume] (Albuquerque, N.M.) 1905-1907, 1905-07-20
PRINCESS ANNE COUNTY
UNVEILS MONUMENT

Norfolk, Va, Junly 20.-A monu-
ment to the memory of the Confeder-
ate soldiers Of Princess Anne county
was unveiled today with impressive
ceremony and In the presence OF a
large crowd, including many veterans
from this city. The address of the
day was delivered by the Hon. John
GoOde. The monument is a handsome
affair Of granite and cost $4,000.
Albuquerque evening citizen. [volume] (Albuquerque, N.M.) 1905-1907, 1905-07-20
THOSE WHO GIVE SIGHT
TO THEM THAT ARE BLIND

Rochester, ~ Y, July 20-The New
York State Optical society is holding
its annual convention in Rochester
with a large and representative at
tendance. A business meeting was
held this morning, scientific papers
were read this afternoon, and this
evening the convention concludes with
banquet at the Rochester club.
Albuquerque evening citizen. [volume] (Albuquerque, N.M.) 1905-1907, 1905-07-20
PRESIDENT AND KING
POPULAR IN CANADA
Fourth OF July and Dominion Day are Often Gel
ebrated TOsether--PIenty Of Liberty
in Northern Country.

Winnipeg, Manitoba, July 20.-From
one end of Canada to the other the
name of President Roosevelt is greet.
ed with acclaim. 1t is small exaggera
tion to say that our president is as
popular north OF the line as he is in
the United States. King Edward VII
Is also popular, and It Is quit common
at dinners where both Americans and
Canadians are present, to couple the
names of the 1.-TWO Teddies" in a
toast.
Ihe withdrawal by Great Britain OF
all garrisons from Canada and of all
war ships f. ON Canadian waters, has
served to call attention to rather
new phase, if not Interpretation. of
the Monroe doctrine. As the situa-
tion Is now understood In Canada, the
United States has become a sort of
guardian of Canada. It is taken for
granted that the United States will
heiceforth undertake the responsi-
bility of safeguarding Canada from
any European encroachment
Great Britain Is delighted to dele
gate this business to the United
States, and by withdrawing her mill
us all further responsibility in this
regard.
The large increase in the popula-
tion from the United States in Canada
has resulted in a good natured contest
of national traditions and celebra-
tions. For example, American Inde-
pendence Day, the glorious Fourth, /"
does not appeal to the native Can
adian, and on the other hand, Do
minion Dal, which the Canadians cell
ebrate on the first OF July, and which
commentaries the confederation of
the separate Canadian provinces, does
not appeal mucn to the men from the
states. So a compromise is frequently
made, and joint celebration is held
on the I'd or Sd of July.
While there Is absolutely no senti-
ment throughout Canada in favor of
annexation to the United States, there
is discoverable here and there lurlz-
ing sentiment In favor OF Canadian
independence. But this sentiment
struggles hard with the spirit OF 10y
atty to the traditions of the mother
country.
The Canadian toaste the king, but
Albuquerque evening citizen. [volume] (Albuquerque, N.M.) 1905-1907, 1905-07-20
Japs Begin to Get Busy.

Russian Headquarters at Front( To-
cation not given) July 20.-The Jap.
anese advance from Korea is taking
on a more energetic character and is
being pushed towards Mousan, Nan
gan and Hasagaw. The Japanese seem
to have received heavy reinforce
ments from Field Marshal Oyama's s
main army in the front of Gen. Line
witch.
Albuquerque evening citizen. [volume] (Albuquerque, N.M.) 1905-1907, 1905-07-20
Aaree to American Boycott.

Shanghai, July 20.-About 1900 peo-
pie, including the heads of all the
principal guilds and delegates from
many provinces, attended the Chinese
mass meeting yesterday, which ar
ranged to begin the Chinese boycott of
American goods tomorrow. There is
still much doubt as to whether the
boycott will really be maintained.
Albuquerque evening citizen. [volume] (Albuquerque, N.M.) 1905-1907, 1905-07-20
INCREASED DIVIDENDS
ARE SCHEDULED

New York, July 20.-The directors
of the Amalgamated Copper company
declared a quarterly dividend of l IA
per cent. This is an increase of IA per
cent over the last quarterly dividend.
Albuquerque evening citizen. [volume] (Albuquerque, N.M.) 1905-1907, 1905-07-20
HEAT WAVES SEEMS
AT LAST TO HAVE BEEN BROKEN

New York, July 20.--The wave of
intense heat which had this city in
its grasp for more than a week, caus-
ing nearly 200 deaths, several times
as many serious prostrations, and
suffering to millions, has been thor
oughly broken. Two deaths from heat
and several prostrations were report
ed early today. but in nearly every
case they were thought to have been
due to exhaustion.
Albuquerque evening citizen. [volume] (Albuquerque, N.M.) 1905-1907, 1905-07-20
Union Pacific Follows Suit.

New York, July 2O.-The directors
of the Union Pacific railroad today
declared a dividend of 21s per cent on
common stock payable October 1st.
The last semi-annual dividend was
per cent.
Albuquerque evening citizen. [volume] (Albuquerque, N.M.) 1905-1907, 1905-07-20
FOREIGN AFFAIRS OF
MORE OR LESS INTEREST

Moscow, July 20.-The Zemstvo con-
gress reassembled today without inter
ference on the part of the authorities,
and commenced discussing the pro
posed constitution.
Albuquerque evening citizen. [volume] (Albuquerque, N.M.) 1905-1907, 1905-07-20
ORE THIEF CAPTURED
WITH LOT OF STUFF

Denver, Colo, July 2O-Thomas C.
Brown, declared by the police to be
the head of the ore thieves in the
Cripple Creek district, was arrested
today and had trunk containing
$500 worth of fine ore.
Albuquerque evening citizen. [volume] (Albuquerque, N.M.) 1905-1907, 1905-07-20

this city today. the sessions to con-
tinue through the remainder of the
week. Geology and geography are the
subjects selected for special considers
tion.
Albuquerque evening citizen. [volume] (Albuquerque, N.M.) 1905-1907, 1905-07-20
Stoessel Not Appointed.

st. Petersburg, July 20.-The report
that Lieut.. General Stoessel, who COM
manded at Port Arthur, had been ap-
Albuquerque evening citizen. [volume] (Albuquerque, N.M.) 1905-1907, 1905-07-20
AMERICAN ASSOCIATION
ADVANCEMENT OF SCIENCE

Syracuse, N. Y, July 20.-The Amer
ican Association for the Advancement
OF Science began a field meeting in
Albuquerque evening citizen. [volume] (Albuquerque, N.M.) 1905-1907, 1905-07-20

pointed commander of the seventh
army corps, is officially denied.
The daily Alaskan., 1905-01-31
TO IAhF II
rTrllsfaF gr Ffh Avenue
 Hotel r morrow

Mrs N ~ay'or and hersou, H. w. TavIor D. cd4sar> a. the Fifth Avenue ho.el pr osrry, vii take charge ot that es a1Gshw..r .1worrow, and tt Is their purpose to be-. wOrS otimpcove- meut once
 .,The new ps.nrf.tors Of the Fifth Avenue are old eI people and it is their rsruose 70 make i, a first class hostel in ever. r spect. Ar Taylor said it was the in. 0ri0U To make the Fifth Avenue rn- .ading hU.el in the north. When asked what changes were goiu. Co be mate he sid:
 "A,Itha sha., ba found 0ecessarr. The first changes win be ia the line of a better serve .l the culinary .epWt- men. and an improvement in the sery- ice wherever it shall be found possible to better i-."
 F. c Van Horn vii, continue as clerk a. ,hc Lote. end 1tr and Mrs. Taylor win give it their personal attention.
 Mrs. M. J. Taylor ali Mrs Il. W, Tavlor arriyet from the south ol the Ramona Iasr night H. W. Iav.or has been here several weeks. For several years ,he Tuy ors conducted the bec' nett Eating h.u-e and they are well and tayorab.y known Go the travelling public. They are first class hote, Geo- pie a. d ,ha- they w,N make 30 asuccess of the big hotel Is generally believed.
The daily Alaskan., 1905-01-31
A Great Engineering Feat.

The Oroyo railroad, which runs from Callao to the gold fields of Cerro de Pasco, is considered one of the won ders in the Peruvian world. It is cer- talnly the greatest feat of railroad en- gineering in either hemisphere. Com mencing in Callao, it ascends the mar row valley of the Rimac, rising nearly 5000 feet in the first fifty-six miles. Thence 1t goes through the intricate Eorges of the Sierras till it tunnels the Andes at an altitude of 15,645 feet, the highest point in the world where d piston rod Is moved by steam. The wonder is doubled on remembering that this elevation is reached in seven p-eight miles.-Chicago Journal.