davidaulloa/AmericanStories huggingface dataset:
Arizona republican., 1905-11-19

Sorin to the argument Of Attorney General Clark the day before on the terTitory's demurrer to the application of the Copper Queen Consolidated com- pany for a writ of certiorari. Mrs. Sorin's argument was comparatively brief. She dwelt for the most part up- on the Colorado statute from which the statute of this ter ritory of 1887 was taken and which 1t had been held by the su- preme court of Colorado did not em- power the state board of equalization of that state to do what the territorial board of equalization had done. There fore the legislature of Colorado of 1889 had found it necessary to ex- pressly confer upon the as sessing board of that state the power to raise and lower the valuations of property either by classes Or in the aggregate. It was the theory 0f Mrs. Sorin that since the statute of Colorado had been adopted by this territory the judicial expression of that state should be made applicable to it here. This latter view was supported by a half dozen authorities from various states.
 In the afternoon the most interesting phase of the controversy was present. tO. He HlSIll DelOIe IL Was UOuDlIul IL it would be reached. That was the ap. plication of the territory for writs oe mandamus against the boards of the four counties to compel them enter upon their tax rolls fig ures made by the territorial board of equalization. District Attor- ney Ellinwood of Yavapai for the su- pervisors of that county began the ar gument of a demurrer to the application of the territory. He presented four propositions but announced that inas- much as two of them relating to the power of the territorial board to make the raises had been gone over he would confine his argument chiefly to the following: "Mandamus will not be awarded to compel county officers to do any act which they are not author ized Or required to do by the laws Of the territory. The office of mandamus is not to create new duties but to com ped the discharge of those already eX- istins and the writ only lies where there is a plain dereliction of a statu
 tory duty"
 In this case said MT. Ellinwood there is no statute compelling the county boards to do what the territorial board desired done. The relation between the territorial board and the county boards
Arizona republican., 1905-11-19

added s9,60O,OOO more to the territorial valuation?
 Col Herring closed the argument against tho territorv in a brief ad- dress in which he said that the terri torial board must have been impressed with it's want of authority to enforce the changes it had made. The state ment of the territorial auditor to the county boards ho said did not order or even request them to do anything It wcs 2 mere notification of the ac- tion of the territorial board.
 When Col. Herring had concluded, Attorney General Clark half rising in quired: Have the gentlemen on the other side anything more to offer?"
 Not unless the attorney general of fers something newer than he has of fered,' replied Col. Herring.
 T could not well offer anything old CT than has been offered retorted Mr. Clark.
 The attorney general said that he had supposed that the proceedings had been undertaken in an honest eff fort to ascertain the power and au- thority of the territorial board and he deprecated the introduction of trifling technicalities into the investigation. He regretted also that the district attor- neys of the counties had come into the controversy in this spirit and he inti- mated that they were moved less by the interest of the taxpayers of their counties than by the interest of the corporations doing business in them He had no fault to find with the posi- tion of Col. Herring who pretended to represent nothing else than the cor porations and who was therefore en- gagged in the performance of a legiti- mate duty.
 Regarding the argument which had been made by Mrs. Sorin and Col. Her ring concerning the applicability of tn, Colorado statute, the decision of the supreme court of that state and the subsequent curative legislation of Colo rado and similar authorities which had been quoted from other states the at toTney general said that it had been found that the constitutions of those states had made 1t impossible to dc what had been done in Arizona which has no constitution. The situation was quite different and he quoted New Mexico case in which this difference had been set forth by the supreme court of that territory which is also WIllOul d feStI4CtlIS cOllSIlluIlON.
 As to the argument of MT. Ellin- wood against the mandamus. the at torney general said that his position was not in conflict with the principles laid down by the authorities which MT EIlinWood had introduced. MT. Clark said that he had gone over all those decisions and in every one of them there was either some doubt as to the duty to be performed or as to the of ficer who should perform it. In such case of statutory uncertainty man damus plainly would not lie.
 But here the situation was different There was no doubt about the duty to be performed by the county boards. They had been performing it for Is years during which no question of the right of the territorial board had been raised. If the duty was not plainly
Arizona republican., 1905-11-19
THE ARGUMENTS ENDED
 IN MINE TAX SUITS
No Decision Will be Announced by the
 Supreme Court Until January Term
The Matter Finally Submitted Demurrers to Fach The Application for Writ of Certorar and the Appli- cation for Mandatory Wrts.

The result of the controversy be- tween the territorial board of equali- zation the supervisors of the counties of Graham, Mohave, Yavapai and Santa Cruz over the raising of the val nations by those counties of the pat ented mines will not be made known until the January term of the supreme court.
 At the conclusion of the arguments yesterday the attorneys for both sides requested an early decision. Attorney General Clark said that by reason Of the public importance of the matter he would go beyond the bounds of pro priety and urge the court to hand down a decision at the earliest possible mOm- ent. Col. Herring as attorney for the Copper Queen Consolidated Mining company and associate counsel for the board of supervisors of Graham coun- ty said that it was quite important that q decision be rendered before the sec ond Monday of December the date for the making up of the delinquent tax list. Companies represented by him he said were holding out taxes on prop erty valued at more than $3,000,000. Or rather the treasurers of the counties W NGAe IGlQSlilS lO dCCGpl pay ItlSHl Ol taxes on valuations made by the coun- ty boards while this action was pend ing.
 The court had previously announced that by reason of the importance of the case and the necessity of examining the voluminous authorities which had been presented on both sides a decision could not be arrived at at once. Be- side, the members of the court had business awaiting them in their re- spective districts. But after the state ment of the attorneys the court held another conference on the subject of the adjournment. At the conclusion of it the court announced an adjourn ment sine die thus putting the matter over to the January term.
 The case was resumed yesterday morning by the reply of Mrs. T. R.
Arizona republican., 1905-11-19

specified it was plain by implication; the whole tax scheme of the territory pointed to it. The intent of the legis- lature too, should be taken into con sideration Nothing else could have been meant than had already been construed.
 Reverting again to the construction which had prevailed for eighteen years. Mir. Clark said that under a decision of the supreme court of the United States the law under which the territory had been operating had become stronger than the liberalism of a statute.
 This was the end of the argument. Tn reply to Q question by the court MT. Clark said that he would like five days in which to file a brief which would include reference to the decisions to which he had alluded in replying to MT. Ellinwood. He had made list of them brt had mislaid it.
 Mr. Ellinwood offered his brief at once. Col. Herring presented his which is made up mostly of citations Then after the conference of the court regarding an early decision an ad- journment was taken sine die The case is now before the court on the two demurrers.
 An early proceeding of the court was the formal assignment of Judge Nave to the fifth judicial district.
 Decisions were handed down in the following cases: Valley Bank vs. Brown, affirmed; territory vs. F. B. Perrin affirmed; Albert Steinfeld vs. L. Zeckendorf, motion denied; Adolf Bail vs. Frances Hartman affirmed i; George A. Treadwell and others against George Mars, affirmed; John P. Score against N. L. Griffin, reversed; David
Arizona republican., 1905-11-19

Hardenburg and Moses H. Sherman against J. NJ. Ward reversed. This is a mere echo of the famous Ward
 Hardenburg case which Ward won in the supreme court of the United States. In this action he had continued his ef-
 forts to recover the $500 which had
Arizona republican., 1905-11-19

Did you ever think you were ever SO happy ard wake to find it was only Q dream. 1t will ke reality if you cat Donofrio's Crystallizod Cactus Candy.
Arizona republican., 1905-11-19

precipitated the former action. He var given judgment but by the decision v yesterday it appeared that he had sL d in two capacities.
 Win the Ruby Flour Bread Prize"
Arizona republican., 1905-11-19

LADIES' VESTS-Ladies' unbleached vest and pants in ribbed fleece lined. A kind that usually sells for 35c each. Special 20c each.
Arizona republican., 1905-11-19
Eiderdown Long Robes

Ladies Flannel Waists of wool la dies cloth. Well made and embroid- shades, all sizes, regular $2 waist, for only SIPS.
Arizona silver belt. [volume] (Globe City, Pinal County, Ariz.) 1878-19??, 1905-06-22

having disbursed, under judgement OF
the court of claims, several million dol
lars in the past ten years. The de
partment of justice is now moving to a
final conclusion of this work. Motions
TO dismiss have been made in more
than two thousand cases where no
proof has been filed, and this action
will be followed in all similar cases.
Mr.. Peyton says the government will
give all claimants, within the next
twelve months, an opportunity to pre-
sent their evidence and then the re-
naming cases will be pressed to final
dismissal. 1t is expected that special
attorney will be sent to Arizona about
October /, who will remain in the ter
ritory until all evidence that can be
produced is taken. Therefore motion to
dismiss for want of presentation will
be made in ensuing cases and the bust
ness finally wound up. This will prob
ably be the last chance that claimants
will have to present their claims.
Arizona silver belt. [volume] (Globe City, Pinal County, Ariz.) 1878-19??, 1905-06-22
A Scarcity of Labor

VIM McFadden came in from Roose.
welt on Monday and reports that there
is a great scarcity of ranch labor in
the Salt river country. He says that
in one instance large field of Alfalfa
was cut two months ago andhas lain on
the ground ever since because men
could not be hired to secure it..
Oats cut over three weeks ago on a
ranch below Livingston remain in the
windrow. The straw is so bleached that
it has no value as feed and if the grain
was now to be handled the kernels
would fall from the stem. Some parts
of this particular field would have
threshed 100 bushels to the acre. Men
are offered good pay for ten hours work
but prefer to 20 to Mesa and further
down the valley where they work longer
hours for less wages.
Arizona silver belt. [volume] (Globe City, Pinal County, Ariz.) 1878-19??, 1905-06-22
Excursion Rates TO Portland

The Southern Pacific will sell tickets
good on trains leaving Bowie every
Thursday until Sept. 80, at the follow
ing rates Fifteen days continuous
trip, 5000; 81 days allowing stop over
returning, $500 This train connects
at San Francisco with excursion trains
leaving that city every Saturday evening
for Portland
AT Portland extensions will be grant
ed on payment of $500 for II days and
$1,000 for 20 days. Parties wishing to
return to San Francisco by steamer
can do so by paying 81 and exchanging
their return ticket with the San Fran
cisco and Portland S. S. Company.
Arizona silver belt. [volume] (Globe City, Pinal County, Ariz.) 1878-19??, 1905-06-22
LOCAL AND PERSONAL
The People We Meet and Chatty Gossip
of Affairs in Globe

Jas. S. Burke, of Bsbee, is recent
visitor to the Globe camp,
Harry Peyton, washington, ID. c., is
guest at the Kinney House.
L. S. Moncrief, Boston, Mass, was
at the Kinney House on Sunday last.
j. p. Borch, wife and son, of Bisbee,
are recent guests at the Kinney House,
DIR. II. j. Warner, of Stafford, was
in the city for the day ON Thursday
last
Miss Frank Kellner and her brother,
Ben Kellner, left on Saturday for Port
land, Oregon.
G. F. Woodward, st. Louis, Mo,
was registered at the Kinney House on
Saturday last.
II. Gates, Tucson, and w. Ii. Brewer,
Phoenix, were guests of the Kinney
House last Friday.
j. S. Barlow, T. F.. Mellin, II. II.
Stark, of Kelvin, dined at the Kinney
House last Sunday.
Mrs. Smith, who has been visiting
her brother, Carlos Fraser and family,
left on Saturday last for her home in
Charleston, S. c.
II. w. Peacock, I. b. Barger and
b. Nj. Donaldson, of FL Paso, were Wis
itors in Globe last week, guests of the
Kinney House.
Mrs. N. S. Berray left last Saturday
for Los Angeles and will spend the
heated term on the coast. Mr.. Berray
accompanied his wife as far as Bowie.
Emmett d. Reed, of Bisbee, is max
ing a short stay in Globe after an alb
sence of four years. He is now engag-
ed in the butchering business in Lowell.
Joseph Campbell and wife of Solo
knoxville, arrived in the city on Sunday
last, registered at the Kinney House.
Mr.. Campbell has business before the
court.
Mrs. J. A. Parker and little son ar
rived in this city on Friday evening
last and the new manager of the local
telephone district is happy accordingly.
He now thinks Globe is alright.
J. X. Mccarthy arrived in Globe on
Friday from Phoenix to attend to bust
ness matters in connection with his
mining interests. Early in June Mr..
Mccarthy and Miss Cecilia Thompson,
of Prescott, were married in that city
and the groom announces himself as
the happiest Of Benedicks.
Arizona silver belt. [volume] (Globe City, Pinal County, Ariz.) 1878-19??, 1905-06-22
INDIAN DEPRECIATION CLAIMS
Should be Filed at 0noe-Departmen
Attorneys Here

Harry Peyton, an attorney Of the de-
partment of justice, Washington, d.
c., is visiting Globe in connection with
Indian depreciation claims. Mr.. Peyton
has been connected with this branch of
the department for many years, being
one of the government attorneys con-
nected with the attorney generals office
at Washington, who have the prepare
ton and trial of these cases in the
court of claims.
He is in Globe in conference with 3.
F. Crawford, who represents a num-
Der of Arizona claimants, as to the
best method to be employed in closing
up this business in Arizona. The gov
eminent has already adjudcated the
greater part of this branch of litigation
Arizona silver belt. [volume] (Globe City, Pinal County, Ariz.) 1878-19??, 1905-06-22
THE NEWS OF TUCSON
AND OF PIMA COUNTY

From the Tucson Star
The agitation for establishing ci ty
market is again on. 1t is claimed by
those who ought to know that stall
rentals would pay much more revenue
to the city than did the gambling busi-
ness when it was in full action.
The Tucson Rapid Transit company
was Incorporated last week with a
capital stock of 100000. The incor-
porators are George G. Kilt, Nose
Drachman, William II. Daley, Rosario
Brena and Samuel l.. Kingman. The
incorporation is for twenty-five years
and the company may operate street
cars by various powers. animals, en-
gines, motors, electricity and other
wise
Steady progress is being made on
the Twin Buttes railroad The recent
difficulty with the Mexican laborers de
layed the work only day or two, as
new laborers were Immediately secured
IS take the place of the strikers. By
the time Mayor Rose returns in July he
will find several more miles of track
laid Surveys have been made for the
depot which will be erected by the com
pany in this city.
From the Tucson Citizen:
A sensation was created here TODAY
in business circles by application being
made in the district court for the APP
pointment of receiver for the Ari-
iona Savings & Investment company.
Mismanagement of the affairs of the
concern, neglect and incompetent ofiic-
isls, theft of the funds of the company
by its officers and failure TO pay ma
tured stock are among the charges in
the petition. The concern is one of
the largest companies in the territory
and considerable stock is held in this
city, Prescott and Phoenix. In all the
company has over $l50,00O loaned on
territorial realty security. The suit
was filed by local firm of attorneys
on behalf of five Tucson stockholders
and all other stockholders who care
to participate herein. The day for
hearing the application has not been
set.
Arizona silver belt. [volume] (Globe City, Pinal County, Ariz.) 1878-19??, 1905-06-22
ITEMS FROM PRESCOTT
AND YAVAPAI COUNTY
rom the Prescott Journal Miner.

From the Prescott Journal-Miner.
Miners are needed, and badly too, by
operators in Yavapai county. A mum
Der of properties that have resumed
work recently have found difficulty in
securing enough men TO carry out the
work they have planned. All the local
employment agencies have out signs re-
uuesting miners TO call and the fact that
few men are idle on the streets of the
town Indicate that there is pressing
need for miners.
Contracts were awarded Wednesday
for the new buildings at Fort Whipple
barracks as follows: F. H. Barnes of
San Francisco, the construction of
twenty four buildings, $275, ATS; Knowles
Bros, steam heating of sixteen build
ings, SIS, ASS; Newberry & Co., of st.
Louis, wiring of nineteen buildings,
$4,000. Total $3lS, 76S. The buildings
include officers and mems quarters
and other buildings for an up-to-date
post.
With his jacket caught in the betting
of the mine machinery, w. S. Jones,
of Crown King, narrowly escaped a
frightful death on Friday night and
that he is alive to tell the story is one
of the marvels of the camp. Mr. Jones
was repairing a part of the machinery
when, in some manner which he is UNI
able to explain, a belt caught his jacket
and wound around his body throwing
him against the iron framework with
such force that his arm was fractured
and his body severely bruised.
From the Prescott Courier.
George f. Sanders, with twenty of
New York's four hundred, arrived in
Wickenburg Monday morning in the
private car, Sunset. They left at once
to inspect the Angel, Bess and Vul-
ture mines.
The building for the Prescott lror
Works has about been completed and
casting will begin about June 20. An
order was placed last week for a large
electric motor and the plant will be
operated entirely by electric power.
DIR. Perrin has arranged for the ex
tensive working of the onyx quarries on
the Baca grant. These quarries are in
Yavapai county. The plan of working
the quarries contemplates the construc-
ton of narrow guage railroad about
thirty miles in length from Seligman,
on the Santa Fe Pacific.
The Enterprise was sold at auction
on Monday June II, J. F. Wilson being
the purchaser at the face value of his
mortgage on the plant, $4,000 There
are some claims against the plant which
must be paid. milford Winsor, tn,
former owner, will return to Yuma
where he publishes the Sun. Colone
Wilson will continue the publication OF
the Enterprise until he can sell tn,
plant for cash.
Arizona silver belt. [volume] (Globe City, Pinal County, Ariz.) 1878-19??, 1905-06-22
THE COLORADO RIVER
REGION AROUND YUMA

From the Phoenix Enterprise
Reports from ella Bend, say there
is big rise coming down the ella
river, Reports from the Needles say
there is twenty-one inch rise at that
point. If the water of the two rivers
should happen to get to Yuma at the
same time there will be trouble.
Frank Avila, at one time prominent
citizen of Yuma county and the holder
of important positions, became sudden
ly insane last week and on examination
was sent to Phoenix. He left Yuma
about three years ago and has since
been employed at Cananea, until few
weeks ago when he returned to Yuma.
No cause for his unfortunate affliction
is known.
From the Yuma Sun
Martin Ubillos was hanged in the
county Jail yard last Friday for the
murder of Simon Alderete nearly two
years ago. Both of the men were life
prisoners and both had been sent from
Yavapai county for murder. Alderete
was originally sentenced to be hanged
but the sentence was committed to i'm
prisonment for life. His killing took
place soon after he was received in the
penitentiary. The men had engaged in
a quarrel and Ubillos stabbed Alderete
with weapon which he had fashioned
out of chisel, Ubillos met his fate
stoically,
Arizona silver belt. [volume] (Globe City, Pinal County, Ariz.) 1878-19??, 1905-06-22
Reduced Rates from Globe

Round trip rates to various California
noints are now on sale at the ticket
office in Globe on Tuesdays, Thursdays
and Saturdays during the months of
June, July, August and September ;
good returning until Nov. 30. Stop
overs allowed at any point west of
Cotton.
Globe to San Francisco, $685. /; Globe
to Santa Barbara, Ventura and Los
Angeles, $43.s5 Globe TO Santa Mon
Monica, Long Beach and San Pedro,
SAB. S5 Globe to Newport Beach, Sar
Diego and Cornado Beach, 1885
Globe to Avalon and Catalina Island
SAG. 10.
Arizona silver belt. [volume] (Globe City, Pinal County, Ariz.) 1878-19??, 1905-06-22
soLoMoNvILLE WEDDING On Mon

day last Luther Green and Miss
Sophronia Webster were married by
Probate Judge =. c. Little at the home
of the groom. Mr.. and Mrs. Green
came to Globe on the evening train and
spent several days in the city where
they were warmly welcomed by Mr..
Green's many friends.
Arizona silver belt. [volume] (Globe City, Pinal County, Ariz.) 1878-19??, 1905-06-22
Notice

Remember San Juan Hill. The col
ored population Of Globe, numbering
about fifty, are going to take part in
celebrating the 4th of July on the west
side by themselves. Captain George
and his cook house party will be around
to collect for the occasion. Please
donate,
Arizona silver belt. [volume] (Globe City, Pinal County, Ariz.) 1878-19??, 1905-06-22

Buy your meats at the Globe Meat
Market where the best of everything is
kept. Orders promptly filled and de
livered to any part of town. If
Arizona silver belt. [volume] (Globe City, Pinal County, Ariz.) 1878-19??, 1905-06-22
A BURRo RIOE-Last Friday night !

ouhhO NUT Last L iludy hlBhJ d
party of eight young ladies', chaper-
oned " by one man who acted as maitre
de burro, enjoyed ride through town
returning about midnight. If laughter
and feminine screams mean enjoyment
they certainly had the time of their
lives.
Arizona silver belt. [volume] (Globe City, Pinal County, Ariz.) 1878-19??, 1905-06-22

Kalsomiming and house cleaning done
by d. X. Thomas, across creek opposite
railroad depot. At
Arizona silver belt. [volume] (Globe City, Pinal County, Ariz.) 1878-19??, 1905-06-22
LOST TWO FINGERS Frank NJ

reno, a switchman employed by the o.
d. railroad, had the misfortune to lose
two fingers while coupling in the yards
on Friday last The fingers were so
mutilated that amputation to the first
joint was necessary.
Arizona silver belt. [volume] (Globe City, Pinal County, Ariz.) 1878-19??, 1905-06-22

We have received big stock OF
fancy front doors, comprising all the
latest designs. Prices reasonable. Gila
Lumber company.
Arizona silver belt. [volume] (Globe City, Pinal County, Ariz.) 1878-19??, 1905-06-22
NORTH GLOBE MeETlNG-An il

portant meeting of North Globe town.
site people is set for Thursday June %.
A large attendance is desired as mat
tiers of vital interest will be acted upon.
Arizona silver belt. [volume] (Globe City, Pinal County, Ariz.) 1878-19??, 1905-06-22

Buxton & Merritt are prepared to do
all kinds of papering, painting, fresco
work and sign work.
Arizona silver belt. [volume] (Globe City, Pinal County, Ariz.) 1878-19??, 1905-06-22
Notice

All bills due this company are payable
at its office in the Arizona Register
building on Push street
PfNAL MOUNTAIN WATER Co.