davidaulloa/AmericanStories huggingface dataset:
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1905-08-01
SUPREME COURT
Is WITH HANNAH
Affirms Judgment of District Court in
Breach of Promise Suit.
CR0ZIER STAYED AT STORE
BUT HIS EXCUSE is NOT VALID.
SAYS THE COURT.

The supreme court yesterday affirmed
the Judgment of the district court of Sc
vier county in the case of Hannah Peter
son. respondent against A. j. Crozier,
appellant Hannah Peterson sued Crozier
Tor breach of promise and got a verdict
giving her $500 damages. CroZier, al
though he had due notice of the bringing
OF the suit and was Informed when the
trial would take place. was not repre-
Sehteo, elther in person or by attorney.
On appeal he sought to have the judg-
Ihent set aside because he was not rep
resented AZ the trial and because had he
Known as much before the trial as he
ieafned after II was over about his rights
ana privileges he might have set up a de-
tense mat would have proved effective.
he claimed bis attorney did not inform
MN as TO what he could and could not
90 He also said that at the time of the
trial ne was in charge of the SaIina Mer-
camille company's business. and could not
get away TO attend the trial without los
ing his job.
The opinion of the supreme court af-
Iirhhng the judgment was written by JUS
uce McCarty and cOncurred in BY Chief
Justice Bartch and Justice Straup 1t
hoids that Crozier had ample notice of the
proceedings against him, and was not rep
resented because he had told his attorney
that ne would be unable to bear the ex-
penSe OF defending the suit, and Miss Pc
ttTSOn could not collect a Indignant if
she should get one That ne did not put
IN an appearance in person or by atfor-
one else's s The excuse that he was un-
able to leave his customary occupation
valid -
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1905-08-01
WORK TOWARDS
A SETTLEMENT
Russo-Ame.iean Tariff Matter Nearly
Adjusted
FREE AMERICAN MACHINES
SENEGALESE SOLDIERS PLUMBER
GERMAN STATION.

St Petersburg, July 81. $50 p. M
Negotiations for the settlement of Rus
so-American tariff difficulties are ad-
vancing steadily. Russia is willing to
withdraw the retaliatory suits on
American machinery. etc. which weigh
hard on Russian industry and agricuI-
ture and on these seeks acknowledge
mcnt of the principal nature of the re-
taliatory duties imposed by her on
sugar American exports of which are
not apt to become an important com
mercial factor.
Certificates of origin necessarily ex-
acted on machinery imported from
other countries is also a burdensOme
fOrmality and NJ. Witte who was min
lister Of finance when the duties were
imposed and who was consulted before
leaving for the United States agreed
as to the advisa bility of settling the
dispute.
The ministry of finance hopes to be
able to arrange REIMBURSEMENT and to
Interchange notes on the matter with
out having recourse to a commission
and the wish is frankly expressed that
a settlement might be arrived at in
time to be announced during the peace
negotiations. The principal prospect
of delay lies in the desire TO submit
the revision to NJ. Witte for his formal
approval as a matter of courtesy,
showing how strongly his political star
is in the ascendant in Russia today.
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1905-08-01
CARRIED OFF HIS HOUSE.
But Supreme Court Says KunkeI Shall
Have New Trial.

The case of Mark Kunkel appellant
against the Utah Lumber company and
Cnarles Il Murphy, respondents, was re-
versed and remanded by the supreme
court yesterday, the opinion being writ
ten by Justice Straup and concurred in
Dy chief Justice Bartch and Justice Nc
This was an action brought by KunkeI
Tor the wrongful entering upon his prem
Uses ana removing a dwelling house be-
longing to him kunkel claimed to be the
owner of certain lots in Salt Lake upon
Wnlcn he had constructed one dwelling
ana was constructing another. The prop
erty had a valuation of $4,000 and a rental
value OF $500 a year. He had given a
mortgage on the property for $3.50, and
also owed about 1850 for labor and ma
IefiaIS used IN constructing the buildings.
But he had made arrangements to borrow
ness.
When Kunkel had run I'D a bill of sew
eraI hundred dollars with the Utah Lum-
Der company of which Charles E. Muir
phy was manager. for material furnished.
the company made an investigation and
FOUND that he did not have a warranty
deed to the real estate, but that his title
was yet to. be made good, being merely a
tax title that had not been perfected. and
IN order 70 protect itself the company
one dark, stormy night the 18th of Sep
teInber, came with gang of men and
moved the house that was built off Kun
keIs lot on to lot belonging to Murphy
kunkel claimed the foundations and
cellar under the house were destroyed,
and that he suffered actual damage
amounting to $500. He asked Judgment
Tor that amount: also exemplary dam
ages amounting to $4,000. The judgment
OF the lower court against Kunkel.
The supreme court held that KunkeI had
color or title 70 the real estate. having
been promised by the seller to him that
deIectS IN the title would be remedied.
Hence the Utah Lumber company and
Murphy should have waited until he had
time ana opportunity TO get his title per-
ures.
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1905-08-01
Notice to Contractors.

OFFICE OF BOARD OF PUBLIC
works Salt Lake City. Utah, JGly 18th
l905.-SeaIed proposals VIII be received az
this office until O'Clock 2. m. August
10Th 1915 for the work Of grading curb
ing and paving Market street from East
Temple street to West Temple street II
accordance with the plans and speciffca-
lions on file in the office OF the city
engineer
The approximate QUANTITIES or work to
be done are as follows
Grading excavation .----1-5fo cubic yards
Asphalt pavement kan square yards
Stone CurbinE --.-.---.----- i. 800 linear feet
Cement gutter --------------- $50 linear feet
COncreteE CufveTt ------------ 81 linear feeEs
Instructions TO bidders. togstFer With
specifications and forms for contract and
bond can be obtained upon application ar
the office of the board OF public works
or city engineer.
The right is reserved 10 reject any and
all bids.
BY order Of the board OF public works,
E A WALL Chairman
GEORGE W RITTER, city Engineer.
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1905-08-01
SUICIDE AT P0CATELLO
Soldier Kills Himself Because of Dis
solute Character of His
Wife.

Pocatello. Ida. July 31.-Frank T.
AIulligan. formerly of IS Fourteenth
street, New York. entered one of the
houses in the wall City, today and
asked for his sweetheart. When he
was shown to her room he said he
had taken poison, and fell over on the
bed in a deep sleep from which he
was never aroused. Doctors and police
were called. The doctors pronounced it
poisoning from morphine 1t was APO
this morning that he entered the house.
He had taken the poison and had gone
ito this place to die He died in about
two and one-half hours after he went
to sleep. The dead man was a soldier
IN the regular army and was stationed
with the Twenty-second battery at
Fort Douglas. The personal effects
were a. letter written to his father in
New York, with whom the chief of
police has communicated. The letter
was as follows.
'Pocatello. Ida. To whom it may
concern
I. Frank T. MuIligan. do this day of
July i'm the year of our Lord 1908. take
poison to end my miserable life. If
there IS "A Hell, this life is certainly
He'll The reason I take my life is
that / have a wife in a disorderiy
house. No. 252 First avenue, going un-
der the name of Clara Baker and
have done nv utmost to get her to
the life. 7 had a good home in Salt
lake City and it is all broken up and
so am 7.
II is no use of my staying on this
earth any longer so I might as we'll
leave There are others. I won't be
missed and il might do the people more
good to have me off this earth than
on it. I leave my uniform to my father.
Mr.. Michael Mulligan, No. 50 Four
teenth street. Troy. N Y 7 will say
good bye To my friends, if I have any.
and also TO my darling wife. Lou Null
ligan. better known as Clara Baker.
Signed. FRANK T. MULLIGAN"
The coroner viii hold an inquest to-
morrow at D. m The body was taken
10 the Manasa mOrgue TO await the
inquest
One of the heaviest storms that this
part of the state has had for "A num-
Der of years was Witnessed here last
night and yesterday. The electric part
OF the storm struck the Rocky Noun
tain telephone cable or wire some
where in the city and came in on the
switch board and the night operator re-
ceived a severe shock, frightening her
so that she left the Office and ran to
the White House cafe. where she faint
ed and is at present in a critical con-
ditlon. The board was burned TO some
extent but was put i'm shape imme-
diately and another operator installed.
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1905-08-01
IN THE COURTS.

The supreme court rendered an opin-
ion yesterday sustaining the appeal of
William II. Coates, ct al in the case
of the above NAMED against James Met
calf, ct al, of Salt Lake. Justice
Straup wrote wrote the opinion, JUS
tees Bartch and McCarty concurring.
The plaintiffs sought to recover
$454.OS in the lower court, claiming that
was due as a balance in a wool deal
Coates received from Metcalf 80. 900
pounds of wool, to be sold by the plain
tiff on commission for the local dealers.
Coates claims that he advanced So
1859 which Metcalf promised to pay
with legal interest out of the proceeds
of the sale. Coates says he paid all
freight and insurance charges and fig
ured that there was $454.0S coming to
him at the close Of the transaction.
The trial court found for the defen-
dantS.
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1905-08-01
Notice.

NOTICE Is HEREBY GIVEN BY THE
city council Of Salt Lake City of the in
tentiOn of such council TO make the fol-
lowing described Improvement to-wit-
Extending and laying sewer lateral OF Wit
rified pipe on the south side of Fourth
South street between West Temple and
First West streets in sewer districts Nos
I and . and defray the abutters' portion.
of the cost and expense thereof. est
mated at nine hundred and seven ty-fourt
CSqZ4- 00 dollars. or I and 3G-I00 fSl-30l dol
lars per front foot. in sewer district No
I. and 1 and 75-1e0 tSl-15l dollars per front
foot in sewer district No ? by a local
assessment upon the lots OF pieces OF
ground within the following described
district. being the district to be affected
or benefited by said Improvement. name
lv. The west 800 feet Of lot =. block 4,
plat A Salt Lake City survey district
No j.. and al of lot .. block Il. plat A,
Salt Lake City survey district No -
All protests and objections 70 the car
rying out Of such intention must be PR
sented in writing to the city recorder on
or before the 2lSt day OF August 100.
being the time set by said cOuncd WIEN
il will hear and consider such protests
and objections Is may be made thereto
BY order of the city council Of SAILS
Lake City, Utah.
Dated July 10, 1900
] $ CRTTCHIOW.
City Recorder.
Sewer Extension No. 49,
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1905-08-01

an Of lots I and 4. block is. plat &C
Salt Lake City survey
All protests and objections 10 the car
ryinS out Of such intention must be pre-
Senteo IN writing to the city recorder on
or before the list day of August 1876. be
tnS the time set BY said council when it
VIII hear and consider such protests and
onlecllonS as may be made thereto
The total cost of said Improvement is
estimated at seventy thousand one hum
qreo tortl-nlne and $500 CSC. 1888 dol
lars. or winch sum the city's portion is
seventeen thousand three hundred fvvert -
liNe and i9-io9 tSlI,S25.75) dollars. leaving
Ll1tN-JWO thousand eight hundred twenty
lhree and tS-loO (S52 S23.7 5l dollars to be-
raised by local assessment
Lake city. Utah
Dated July 3rd 1895
So =, , CRlICHLOM. City Recorder.
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1905-08-01
Assessment No. I.

BUTLER-LIBERAL CONSOLIDATED
Mining company. a corporation. Princi-
pal place of business. Salt Lake CITY.
Utah. Notice is hereby given that al a
meeting of the board of directors of the
Butler-Liberal Consolidated Mining com
pany. held at Salt Lake City. Utah on
the 18th day of June 1905. an assessment
of two % cents per share vas levied
upon the capital stock Of the corpora
ton issued and outstanding. payable i'm
mediately TO W. p. Lynn. secretary Of
the company. at his office. 3o4 Progress
building. Salt Lake City, Utah
ANY stock upon which this assessment
may remain unpaid on the LIST day II
August 1905, viii be delinquent and sd-
vertised for sale at public auction. and
unless payment is made before. will Re
sold on the 2lst day of August 1865 al
o. m. to paw the delinquent assessment
thereon. together with costs or adv2rJis-
ing and expense OF sale.
A. L JACOBS, President
w P. LYNN. Secretary
First publication June 18th. 1906.
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1905-08-01
OF INTEREST TO oEElcE MEN.

1t has been generally reported that
A r.. Derge & Co have been gradu-
ally closing out their Office supply de-
partment. Such is not the fact how
ever, as Mr.. d. 4. Callahan who has
purchased the entire business. has de-
cided to make this a leading feature
of the esta bliShment. With this end
I'm view he has secured one of the most
competent men in the west 70 take
charge. This department has been
greatly enlarged and now contains
everything that should be found i'm
well appointed Office Supply House.
Cab and get acquainted with our stock
and prices. d. A. Callahan. successor
to a. r. Derge & Co. 164 Main st.
1t costs you no more to buy Rowan
Bread. Our crown label on every loaf
stands for quality and purity. At all
rgrocers.
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1905-08-01
CLARKE is COMMITTED
Another Photographer Took Pictures
of Fortifications at Port Roy
al, Jamaica.

Kingston, Jamaica, July 31.-The in
vestigation befare magistrate today
of the case against DR.. Franklin Clarke
of Boston. who is charged with wrong
fully obtaining a photograph of the
fortifications at Port Royal. resulting
in Dr. Clarke being committed to trial
before the circuit court, which will be
held the end OF next month.
A British fnon-comnaissioned officer
who assisted him in gaining entrance
to the fortress. will be courtmartialed
DR.. Clarke, who is an American and
graduate of a medical school in Bos-
ton. was arrested at Kingston on July
IL last He was caught taking photo
graphs of the forts in that vicinity
He went TO Kingston last March and
claims merely to be an amateur pho
tograDher
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1905-08-01
GERMAN STATION PLUNoERED.
Senegalese Soldiers Steal Property at
Miszummissum.

Berlin, July 31.-An official report
from the governor of CAMERON was
received. today by the colonial division
of the foreign office concerning the af-
fair on the French Congo frontier. It
says that SenegaleSe soldiers fOrcibly
closed the German station at Miszum-
missUm and plundered merchandise
Captain Scheunamann, who was at the
time in the southern part of the dis
tI1ct was shot on his march to Mis-
zummissum by French SenegaIese
troops and the Germans returned the
IRE, killing five and capturing four.
Ting gcAernOr of CAMERON upon re-
ceiViug the report of the affair from
the commander of the German troops,
Colonel Mueller (MO
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1905-08-01
PORTLAND EXCURSIONS
Via Oreqon Short Line,

Salt Lake to Portland and return
(direcD ......... ..-.-..... 49,. .Ss1 so
Salt Lake to Portland and return
Zone way via San Francisco. 81. AZ. 50
Salt Lake to Portland and return
zone way via Los Angeles) -. SO 50
Tickets to Portland and return. di-
rect, on sale daily from May "A to Sept.
30. inclusive. Tickets rea ding one way
via San Francisco or Los Angeles or
sale August 7, s. 9, 10. II, II, 10, IA. Is. Is
Il. IS, 80, 81. All tickets good for stop
overs and limited to ninety days from
date of sale. Additional selling dates
for tickets via San Francisco or Los
Angeles quoted later. City Ticket Of
flee, POI Main street
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1905-08-01
Deposits in Their Own Banks.

1t is further charged that the defen
dants wastefuIly, Improperly and i'm
prOvidently permitted the defendant
society for number of years past TO
keep during almost the whole of each
yeas excessive, unnecessary and uu-
warranted sums of money on deposit
with the National Bank of Commerce,
New York, the Mercantile Trust COM
pany. New York, the Equitable Trust
company. New York. Commercial Trust
company, Philadelphia and at least
nineteen other banks and trust com
panies. in some or all of which the
individual defendants, or set of them
were stockholders, directors or officers
which sums were deposited at made
quate rates of interest, instead of in
Vest1ng them in proper and more re
munerative forms OF investment, and
permitted said defendant society, regu-
larly. for number of years past TO
conceal this fact and mislead and de-
ceive the policyholders of the society
IL respect thereto by annually, on Dec.
q to 29, loaning approximately $40
100000 on collateral security. which said
loans have been regularly called in the
depOsitaries from which they had been
temporarily withdrawn for this pur-
pose
After reciting that the society has
at the end of each year caused a bal
ance to be struck purporting to show
the net surplus earned during the pre-
ceding year. the complaint declares that
the defendants have failed to divide
among the policyholders an equitable
share of the net surplus at the expira-
ton of each five years as provided
by the sOciety's charter. The COM
plant continues:
Plaintiff further alleges that the
rules and regulations adopted and here
tofore acted upon by the defendant
society and its officers with the ap-
proval and consent of the Society's di-
rectOrs for the ascertainment of the
Equitable share of the surplus due TO
each policyhOlder were and are incOr-
rect, illegal and improper and that, of
the surplus now held or purporting to
be held by the defendant society, as
shown by it's statements, a sum approx
imately 100000 is held by the society.
in which said sum the present policy
holders in violation of the law and the
express terms of the charter. would
have no interest under said rules and
regulat iOns.
THAT the defendant society and the
individual defendants, as officers and
directors thereof. have held and re-
ported in the reports TO the tax COM
missioners of the city of New York that
the entire surplus belonged to the pol
icyholders.
That the present policyholders of the
defendant society are entitled to the
whole of the present net surplus of the
society after deducting q sufficient
amount to cover all outstanding risks
and other obligations, in accordance
with the charter and are entitled to
have an equitable share of said net
surplus credited to or paid to or applied
for the benefit of each policyholder. in
accordance with the charter and with
law"
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1905-08-01
DENVER AND RETURN $1,000

On Aug. Il and Is, round trip tickets
to Denver will be sold via the Colorado
Midland for SIS. 90.
The Midland route is the right way
through the mountains for the best
scenery, service and equipment.
Through the Rockies in our Pullman
Observation coach by daylight Ask at
the Midland ticket office, n West Sec
ond South. salt Lake. for further par
ticuiars and descriptive literature.
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1905-08-01
Dividend Notice.

4 DIVIDEND OF ONE CENT dCD
rectors Of the Kismet Gold Mining COM
panv. a corporation of Utah, declared.
and viii be paid to the stockholders OF
record on the 21st day Of August 1900
The stock transfer books Will close on
said date
BY order of the board
Dated July IS. 1903.
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1905-08-01
WANT HIGHER PAY.

London. July 31.r-The Lancashire
cotton operatives have decided by an
enormous majority to strike on Aug 10.
unless the advance in wages demanded
by them yis conceded. During the past
week Ballot on the question of strik-
ing has been taken among the so 900
operatives. The demand is for 5 per
cent advance in wages
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1905-08-01
Reward of 500

WILL, BE PAID FOR INFORMATION
leadiuzs to the arrest and conviction of
tbe thieves who stole the wire from the
power transmission line between the
Mascot tunnel and the West Mountain
placer mine in Bingham canyon Like
amount will be paid for information Lead
ing u the arrest and conviction Of any
one stealing wire or supplies. the prop
erty Of the Jordan NarTOws power PLANK.
w. s. MCCORMICK
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1905-08-01
Wilhelm Meets Christian.

Copenhagen, July 31.-The German
imperial yacht HohenzoIIern. with EN-
peror William on board. arrived here
today The emperor was received by
King Christian, Crown Prince Freder-
lex and Prime Minister Christensen and
proceeded to Bernstein castle. where he
VIII reside during his stay
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1905-08-01
Women

Who are nervous, pale. weak and fret.
full, can be made rosy, strong and
hearty by the use of Palmo Tablets.
They make you look and feel years
younger. Money back if not salts
factory. 90 cents. Book Free. Ad-
dress The s r. Fell Co. cIeveiapd,o.
For sale by e. ]. Hill Drug Co.
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1905-08-01
FATHER COLLIER NAMED.

Spokane. Wash, July 3t.-Father :.
J. Collier, S J.. for thirteen years con-
nected with Gonzaga college in this
city, has been appointed president of
that snstitution by the Jesuit authori-
ties Father f. g. Dillon. s J. the
former president. goes to Seattle col
lege TO become rector of that institu-
ton.
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1905-08-01
HOSTEHER'S
STOMACH BlTTFRS

to restore this important organ to its
wonted vigor. Then why not start todav2
For over fifty years it has been curing
Indigestion. Dyspepsia. Costiveness BIZ
iousness. Poor Appetite. Cramps and
Diarrhoea- Try IL and see
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1905-08-01
Plenty to Lat

But NO APPETITE. well describes tho
condition of thousands of persons Their
EtOmachs have gone back on them but
81 only requires a fair trial of the famous
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1905-08-01
Loaned Money to Selves.

OF the loan to the Depew Improve
ment company the complaint charges:
That the defendants improperly, i'm
providently and wastefully procured
and permitted the defendant society to
loan the sum of $3.50 600 to the Depew
Improvement company, corporation
doing business in the state of New
York, in which company the defendant,
Chauncey Nj. DepeW, and others of the
individual defendants were stockhold-
ers, which loan of S250,0O0 was made
upon grossly Inadequate security, and
which property securing said loan was
appraised in 1901 by the insurance de-
partment of the state of New York
at the sum of $3.50, COO
That said Depew Improvement COM
pany subsequently became insoIvent
and the property which secured said
loan Was bid in at foreclosure sale for
about $4,000, thereby resulting in a
great waste and loss of the property
of the defendant society.
That the referees deed for said
property was not recorded by said de-
PENDANT society until about Jan. H.
1905, and that i'm the meantime no pro-
ceedings were taken 10 collect the judg-
ment for the deficiency thereon, and
the same has ever since remained due
and unpaidl
That Said Depew and others of the
individual defendants agreed with the
defendant society that they would save
said defendant society harmless from
loss by reason of said loan if said
society would refrain from recording
said deed and from enforcing said de-
did 80 refrain. but said defendants
have neglected and refused to pay the
amount of said losses said society had
so suffered"