davidaulloa/AmericanStories huggingface dataset:
Morning appeal. [volume] (Carson City, Nev.) 1877-1906, 1906-02-28

= = =: 81 :. II ri
light of reason as applied to the or
binary rules of practice, and give due
weight to the later section. Appar-
emily the object CT this legislation was
to prevent the granting of extensions
and the meddling Of judges in cases
which they had not tried or which
were not properly under their control,
and yet in the case OF the absence or
Inability of the judge who tried the
action, to grant relief, or allow ey-
tensions to be made to deserving liti-
giants.
The argument advanced comedies
that if Judge Murphy had gone to
Reno and entered the order in open
court it would have been good. but I'M
der this contention if he had stepped
through the door into the chambers
and made it it would have been void.
Orders extending the time for filings
are business usually, or properly
transacted in chambers ana under
Section 2573 can and ought to be
made as effectually in any part of the
State by the judge having the case in
charge, as if made by him in cham
bers CT in open court. Judge Murphy
was merely acting for Judge Curler
during his vacation, but by analogy
the construction claimed, if adopted.
would, in every case where a district
judge dies, resigns or is succeeded,
invalidate the orders extending time
under section 1877 made out of court
by his successor in Office, although
they are Of that character ordinarily
granted in CHAMBERS. This would
mean a distinction and two rules for
filing orders Of the same kin3.
and that the Judge who had tried the
cause as Judge Curler had done in
this instance, could make the order in
chambers, while his successor could
so make it only in the cases tried by
him, and would have to be in court
to make these simple orders extend
ing time in actions which had been
previously tried by another judge.
Appellants desired and were enti6l
ed to the time granted fer the pm
pose of enabling them to secure from
the court reporter who had left the
State a transcript of the testimony
given on the trial, which would ena-
bic them to properly prepare the state
ment.
Under Section 2573 Judge Curie~
could have made an order granting
them the extension at any place in
the State, and as during his absence
Judge Murphy was requested by the
Court minutes to attend TO all bust
ness for him, We conclude that he was
empowered to make the order at CaI
son City as he did. and as Judge Cur
Ter could have done, and that it was
not necessary for him to make the trip
to Reno and undergo the Formally of
opening court to enter ex parte orders
simply extending time, such as ara
usually made out of court.
The molten to dismiss the appeal
from the order overruling the motion
for a new trial and to strike out TIL
statement is denied.
Morning appeal. [volume] (Carson City, Nev.) 1877-1906, 1906-02-28
ON THE ME- Its

This action was brought by AleXan-
der Twaddle in his life time and bv
Ebenezer Twaddle, as co-owners, for
$50 miners inches running under six
inch pressure of the waters of Ophir
Creek. alleged to have been appr0p-
rated by their grantors in the year
1856 by means Of dams. dltches ann
a f1ume" for the irrigation of their
ranch containing 203.92 acres Il
Washoe county. The answer denies
the allegation Of the complaint SETS
up the ownership by the DEFENDANTS,
Winters, of 2 tract Of land Obut on
mile wide and two miles long, and al
leges appropia -ons by them CT the.c
grantors aggregatng 600 inches flow
ing under four inch pressure, by the
year 1867. which are stated to be prior
to any diversion of the water by the
plaintiffs, and asserts claim for ia-
PENDANT. Longabaugh. to $50 inches
for f1uming wood. lumber and ice fro'''
large tracts of timber lands owned by
him. and for domestic use and irrl-
eating garden en- forty acres At Ophlr.
Witnesses appeared to sustain, AID
others to dispute plaintiffs right as
initiated a half century ago, and the
same is true regarding the q aims tf
/ these defendants. The recOrN affords
glimpse of pioneer history at per
+ iod previous TO TO 9Am'~~' or r" *NtF
State into the Union, and portrays
the building and decay OF saw ana
! quartz mills and the rise and dec.iie
| of towns by the banks of the st"eai.>
/ the waters Of which are here in ltlga
ton. One witness testified that the
Hawkins ditch, now known as the u,J-
per Twaddle ditch, was completed In
J 1857. and that he turned the Water
into it that year. Others stated th-.t
water was running in the ditch and
iume about that time, and that these
were APPARENTLY in the same place and
Of about the same capacity as 1t
present.
On behalf Of the defendant other
witnesses testified that they were
over the ground and saw no ditch
and that none existed there during
those earlier years. 1t is unnecessary
for us to detail the conflicting portions
of the evidence. These were careful
fully considered by the district court
J aid FOR the reasons stated in its deci
i sion, enforced by statements IN deeds
made many years before anv controv
ersy arose, the finding that this ditch
was constructed and {, prior approp
ration Of water made through it u
1857 finds ample support. At first O.
he Twaddle ranch land was plowe5
for only garlen and a small piece G
grain and but little hay was cut 4
: reasonable time was allowed in viii i
, TO extend and complete the use of tn
: water that would flow through Ii,
ditch and the quantity CT land irri
5 gated was increased. The lowe
: 'rwaddle ditch was constructed from
)phir Creek at some time prior {,
869 and runs to and irrigetes tn
: eastern portion OF the plaintiffs ranc
t is shown that since that year a
I east their lands have been in pract
2 ally the same state Of cuiLivatlo
:, nd irrigation that they We're in at tn
ime of the commencement of thi
). action, and that during that pc 10
! plaintiffs used all the water the
: needed from Ophir Creek without in
terruptior except in 1887, 1898 an
Morning appeal. [volume] (Carson City, Nev.) 1877-1906, 1906-02-28
OFFICIAL COUNT OF STATE
FUNDS.
STATE OF NEVADA.
Co,'nty IT Crmshy. S. S.

CC!''ly cI crmSEy. s. S.
W. G. Douglas. and James
G. Sweeney, being duly sworn,
say thev are members of the
Board Of Examiners Of the State e
New. that en- the Goth day of Jan. 'o5
they. latter having aece~tained frorn
the books of the State Controller the
amount of money that should be in
the Treasury made an Official examj-
nation and count of the money onI
vouchers for money in the State Ire.
asrrv of Nevada and found the sar."
correct as follows:
Cain s2Ss, 2so a
Paid coin vonchnrs not r.
turned to Controller Hip Is
Total 800. 1872 80
State School Fund Securities.
Iredeemable Nevada State
School bond 100000 90
Mass. State per cent
bonds 537 600 No
Nevada State Bonds 253,7OO 90
Mass State 31a per cent
londs $4,000 90
United States Bonds 215 900 90
Total 2,O9s ,O92 81
w. G. Douglass
James G. Sweeney
Subscribed and sworn before me this
29th day Of January, A. D. 1906.
]. Doane.
Notary Public Ormsvy County. New
Morning appeal. [volume] (Carson City, Nev.) 1877-1906, 1906-02-28

Two quartz wagons, one wood and
one low wheel wagon, also harness for
six horses. House, barn and five les
Apply at Adam Bay. Silver City, New.
The morning Astorian. [volume] (Astoria, Oregon) 1899-1930, 1906-01-21

recourse Is had to such service. But
lawyers and politicians as such. should
never be enrolled in the commission
itself That is the baae of charter
making. And this is said with all re-
spect for people Of these professions
II is a truth born Of downright exper'
ience. the country over and r.eom
every time the folly Is repeated
Tha season for charter making Is
that season in community affairs where
there is the least possible friction
agitation. controversy, and public tar'
moil. Here endeth the first iesson'
The morning Astorian. [volume] (Astoria, Oregon) 1899-1930, 1906-01-21

The report comes from rit,shufg tina,
in that city and its cnvirons more than
seventeen thousand persons We're killed
or injured last YEAR In industrial estab'
lishments and on railroads, II that re-
port Is true Il constitutes reproach to
civilization. Indeed, we might say that
i Indicates lack Of civilization and
Of progress in what Is COMMONLY sup
posed to be one Of the meat highly
civilized and progressive communities In
The morning Astorian. [volume] (Astoria, Oregon) 1899-1930, 1906-01-21

A claim was once placed In the hands
Of Judge Peters Of Bangor. Me" for
collection. A notice was sent TO the
debtor. who callsd and promised TO pay
tho following Saturday. The judec
said. "Now, don't say you will pay
Saturday night unless you mean t"'
just take few more days and he sure
Say you will pay next "Wednesday
"Ail right" said the man " | live
until next Wednesday | win pay that
bill" Wednesday came, but no mar
appeared TO settle the bill wherenPo'
the Judge wrote out notice Of The
death of the man and put II In The
daily paper. Tho next day the bill WA
settled.
The morning Astorian. [volume] (Astoria, Oregon) 1899-1930, 1906-01-21
THE MAN AND MOMENT.

II il does not actually beat the rec
ord for bravery and self.abnegstion in
the rescue of human beings from DEATH
the achievement of Captain Mark Cas-
to and his men comes so close to II
a. 10 make the record itself feel un'
comfortable. In heroism il has never
been surpassed. My God," was the
ery Of the daring sailor, a. he looked at
the wave.battled Cherokee and knew
that sixty.three lives were imperilled
aboard her, Il can't see them die so
near shore," And within an hour his
little ten.ton fishing smack. the Alberta,
had snatched the long imprisoned pas
sengers and crew from the very Jaws
of death and landed them safely on
dry hand. $50 near shore'" The
grounded ship was only thrce mhes
from the New Jersey coast aud in plain
sight of people in Atlantic City. All
the devices of the experienced wrecking
companies and of the life-Saving service
of the United State govern
ment were powcrlcss TO rescue the
ships company, yet seven doughty
fishermen with only the most ordinary
sort of boat accomplished the feat
The government has brave, skilliuL
efficient men a-plenty in its coast pa
trol-but there are still better men
outside the service. il seems. The in
cident ought to move Congress TO offer
an adequate money prize TO anybody
who will invent a mecaanical device
for reaching and rescuing sea.-oers un'
der such circumstances. The heroism
to 90 with il we already have 1t i
bundled up roughly in other men thar
Mark Casio. Axel Holmquist, 'Nelsor
Kregson, Lewis johnson, Jediah Schultz
Frederick Busch and Frank Maris' II
cannot be created by act of Congress
for il is God.given only. In these mel
| it deserves prompt and substantial
recognition from people that has
heart and admires eourage.-N. \. TX
The morning Astorian. [volume] (Astoria, Oregon) 1899-1930, 1906-01-21

Sir Harry Samuel. unionist candi'
date for Parliament. is the author OF
this bull, The legislative garden Of the
Liberals" he saii, Is an arid swamp
II such Parliamentary authority a.
Mr.. Gladstone said, 1T is no use io'
tho honorable member 10 shake his head
In the teeth OF biz own words," lcssci
lights who blunder In the political aren'
have no rason 20 hc ashamed, Mr
Balfour once spoke Of IAN empty thea
ter o. uusympaihe,ic auditors an'
Lord Curzou congratulated his party OF
the circumstance that though not on'
Of the wood We have a good ship"
The morning Astorian. [volume] (Astoria, Oregon) 1899-1930, 1906-01-21

In China. according TO Colonel liel'
stand Of the Department. Of the East
U. s. A.. when bank fails they hrst
cut OF the heats Of the officials and
then divide the assets among the de-
positors, with the result that there has
no, bca a hank failure in China for a
thousand years, In view Of such be-
uighted condition. bank presidents, at
leaSt. will not object to the doctrine
'China for the Chinese
The morning Astorian. [volume] (Astoria, Oregon) 1899-1930, 1906-01-21
cHARTER-MAKING

Charter.making is not an art IL
is pure business. There Is no profess
sional element in it, except what is
injected with a fixed purpose. In the
simplest construction that can be put
upon the task there Is no room for
politics. no room for private interests,
no room for individual aspirations no
room for anything save the public
good. equally and impartially applied.
Every phase Of action that is calculated
TO disturb or distort the work of the
men charged with the duty of char
ter-making should be eliminated. and
the framers should be utterly free to
do their whole best without interfer'
enee, suasion. or undue influence.
The preliminary matter Of appoint
ing the most capable and unbiased men
in the community is a large and re-
sponsible duty in itself and is a vital
prerequisite 20 tae good work ex'
pectei. 1t is a nice function to select
a group of such men as will be com
mended by the community Affected
and whose is charged with the naming
of the commission must do the utmost
his, or their, best and most temperate
Judgment shall dictate in this behalf,
The commission once appointed. ID
must be given ample leeway OF is
own; ii must not be hampered by ex.
traneous authority, or beholden TO any
influence beyond its own ranks and
rules. Its work must be kept quiet,
undiscussed, unweighted, unknown to
the public in whose interest it i' be-
ing wrought. until the whole and con-
elusive charter or system Of amend.
ment, is finished and submitted. Then
it may be publicly reviewed, revised
re.referred, and brought to the limit
of the popular demand. But in the
first instance the trainers must not be
subjected TO the vagaries and prelu-
dices Of irresponsible advisers. 1t were
injustice TO the city and the commit
tee TO intepose these conflicting and
cumbersome counsels and a detriment
to the work. which is always hard
enough under the easiest conditions.
The popular desire for any special
legislation may be- made known by liked
and definite channels. such as the Com
mon Council or other authentic agency
or through communications TO the
officers of the commission. but the
charter. should BE- personally
exempt from contact with. or crin-
eism by. the general public until IL
labors are complete.
II should be supplied with the bes'
charter formulas known; i must b
/, first apprised Of the specific needs o
the cApmunityj and advised upon tn
curative Sfisgdments absolutely nece'
sary TO the eharsssS As its exists an
Il must be given the ber'set Of lega
adviser who shall be paid for ms ser
vices a in any other emergency wher'
The morning Astorian. [volume] (Astoria, Oregon) 1899-1930, 1906-01-21

Indiana has made . new record All
her Congressman are college bred and
Il probably will no. be long before the
aspirant for Congressional hcnors In
that commonwealth will also have TO be
thr author OF at least one book. In
diana has taken up culture, and In
Eugene Fields phrase she "will make Il
hum"
The morning Astorian. [volume] (Astoria, Oregon) 1899-1930, 1906-01-21

wilhelm Schmied. Of unteanalh Ger
many. who instructed sionomason Ia
inscilc on hls wife's tombstone the
words, eIIcre rests the body Of Marie
Schmicd. who died. after much suffer
ing imm the effects Of nnscupulou'
treatment" has been scn,enced TO .
months imprisonment Tor slanderine
the doctor In the case,
The morning Astorian. [volume] (Astoria, Oregon) 1899-1930, 1906-01-21

the world. Doubtless some deaths and
mjuri~ are Inevitable. They are bound
10 occur In all circumstances Of human
existence and activity. hut II scems
virtually certain that due care would
greatly diminish that casualty roll Of
seventeen thousand.
The morning Astorian. [volume] (Astoria, Oregon) 1899-1930, 1906-01-21

Congress should either hasten action
on the bin submitting an amendment to
the Constitution changing the date OF
the inauguration Of the President from
March 4 to the last Thursday in April
or else take a leaf out Of Ohio's jour
nal of progress and build a crystal
palace, where the Inauguration ccTe-
monies may take place without danger
of death to those who participate in
or witness them.
The morning Astorian. [volume] (Astoria, Oregon) 1899-1930, 1906-01-21

Natural history always interests ehll'
drcn, who usually recall explanations OF
the phenomena in their own way, An
account Of the habits of the cuckoo. for
instance. was apparently absorbed u,
the time, but wa. reproduced thus few
days later, "rhe cuckoof oh, that's
the bind that dccan't lay its own eggs."
The morning Astorian. [volume] (Astoria, Oregon) 1899-1930, 1906-01-21

Thanks 10 handsome endowment
from a wealthy widoE's fortune
number Of the distinguished persons
who have been engaged in teaching
socialism to the American people for
a number of years are now privileged
to study that enhancing subject.
The morning Astorian. [volume] (Astoria, Oregon) 1899-1930, 1906-01-21

From the Budget statement it Is
learned that the RussO-Japanese war
cost Russia sl,O5O,OOO,OOO. This esti'
mite of course, does not include the
aftermath which she is still busily en-.
gagged in reaping
The morning Astorian. [volume] (Astoria, Oregon) 1899-1930, 1906-01-21

Senator Hepburn, Of Idaho, wants
Congress TO curb "the unnatural and
unholy congestion" Of money in Wall
street. A more general diffusion Of
money-especially in ldaho-would meet
a long felt want in that State.
The morning Astorian. [volume] (Astoria, Oregon) 1899-1930, 1906-01-21

Mr.. Balfour is said to have made an
admirably temperate address after the
returns came in. Evidently he was
unable to induce himself to expre-s
any decided sympathy over bis defeat
The morning Astorian. [volume] (Astoria, Oregon) 1899-1930, 1906-01-21
%>>v>~~~~es<<<<<s
. EDITORIAL SALAD. =
Q &>4>>>>%<%&&~A&

It seems to be officially settled that
it is dangerous to get murdered in
Connecticut il one dislikes TO have the
reputation of a suicide.
The morning Astorian. [volume] (Astoria, Oregon) 1899-1930, 1906-01-21

The Harvard overseers sem to he
a general demand when they
want "clean. decent, pleasurable" foot
ball or no football at all.
The morning Astorian. [volume] (Astoria, Oregon) 1899-1930, 1906-01-21

Before accepting Admiral Coghlan's
statement that the naval militia is in.
ferior the people will ask him TO let
them hear how it sounds in poetry.
The morning Astorian. [volume] (Astoria, Oregon) 1899-1930, 1906-01-21

Another great advantage of II all Is
that the country is learning about a
lot of Congressman it never heard of
before.
The morning Astorian. [volume] (Astoria, Oregon) 1899-1930, 1906-01-21
WEATHER.

. Oregon and Washington =
. Partly cloudy with light rain or .
. snow at intervals. =
Q >><<>>H~e~HH<<>
The morning Astorian. [volume] (Astoria, Oregon) 1899-1930, 1906-01-21
SUBSCRIPTION RATES

Knterea as seeond-clsss matter June
n. ians. at the postofiice al Astoria. ors'
ron, under the act Of Congress OF March >,
The semi-weekly messenger. [volume] (Wilmington, N.C.) 1897-1908, 1906-04-03
TRIAL OF THE NEW JERSEY
Big Battleship Makes Fine Speed.
VIII Probably Go I'm Commission IN
May.

Boston. March ss.-The perform
ance TO-DAY of the battieship New Jer-
sey I'm maintaining a speed OF 1919
knots an hour in q four hour endur-
ance off the New England coast coup
led with her remarkable speed yester-
day over a measured mile at Rockland.
Me. at q 19.4s knots an hour gait.
places his product OF the Fore River
Shipbuilding Company at the head OF
all American built ba~ttleships 50 far
as speed IL concerned. Today her av-
erage revolutions per minute reached
126.297 and from these figures the
trial board announced that she a
made and average OF 1915 knots an
hour compared with 1901 made by
the Rhode Island and 1900 by the
Virginia sister ships at their trials q
few months ago.
At one time today the New jerseys
speed reached 1875 knots an hour for
a period OF Is minutes while her low
est for a similar period was 1880.
It is expected she will go In commits
sion In May.
The semi-weekly messenger. [volume] (Wilmington, N.C.) 1897-1908, 1906-04-03
LIFE INSURANCE MATTERS
Jerome Asks Bowling to Call a Special
Grand Jury to Investigate.

New York, March 29.-District At
torney Jerome today requested Su-
preme Court Justice Bowling TO call a
special grand jury in May to investl-
gate the life insurance matters devel-
oped by the legislative investigating
committee. Nh. Jerome said that ne
did not want to ask an ordinary grand
jury to examine the testimony of the
legislative investigation in addition TO
its usual work. Justice bowling took
the matter under consideration until
tomorrow.
Mr.. Jerome stated to the court that
he had been somewhat uncertain as 10
the proper procedure in insurance
matters. but that after consulting with
the justices in the criminal branch or
the supreme court he had decided
upon the special grand jury. Justice
Bowling asked Mr.. Jerome whether he
would lay before the jury any matters
other than those relating to insurance
The district attorney replied that he
could assure the court that nothing
except insurance matters would be
presented to the jury.
The semi-weekly messenger. [volume] (Wilmington, N.C.) 1897-1908, 1906-04-03
BIG LIQUOR PURCHASE
Forty-FOur Car Loads Bought by New
South Carolina Dispensary Board.

Clerk Mobley announces the hrst
quarterly purchases made by the ne"
state board of dispensary directors. AS
there is already a stock on hand over
5000 900 in excess of the limit nxed
bv law. and in view Of the large num-
Der of former favored firms black
listed bv the Investigating committee
much interest has been manifested 10
know what concern would be faVoreu
nv the new board and how deep IL
would wade in making purchases at
first. while there is scarcely room no"
to accommodate the stock already on
hand. The purchases are said to De
lighter than were usually made by the
old board and confined mostly 10 cheap
goods. But the total is not TO be sneeZ-
ed at. as it is. 1t amounts TO l.zoo
barrels of WHISTLES and brandies, IL
cars of beer and 4,425 cases of case
goods. It would require two trains OF
% cars each to move the quantity
bought. No glass was bought, though
there were bids in from a number OF
concerns. The investigating commit
fee NAV have something 10 say about
some of the purchases later.-A Co
lumbia Dispatch.
The semi-weekly messenger. [volume] (Wilmington, N.C.) 1897-1908, 1906-04-03
MYSTERY PARTLY SOLVED
The Kinston EIopement-Man Locat-
ed-WOnan Not With Hlm-Her
Whereabouts Not noWn.

Mr.. Whitfield Sutton, Of Pleasant
Hill. \. c.. who acc ording to state
ments made by his wife several days
ago. sold a farm for $4,000 and LETT
his departure being closely followed
bv the disappearance Of a woman
named Howard. is in Elizabeth CITY
and at present living with his brotner:
4 telephone message to that erect
was received at this office this morn
ing, the sender being his brother. he
aid no secret is being MADE OF MT.
Sutton's presence here. but fatty de-
MED that the Howard woman came
with him.
With the story of the alleged elope-
ment. received from kinston and pup
lished in Saturdays paper, came a
letter saying there was every reason
to believe the couple" came mere
and there surmise was perfectly correct
in regard to Sutton. If. as he says,
the Howard woman did not arrive
| with him, there is a deep mystery con-
corning Their whereabouts, for h dis
appeared completely leaving no trace.
Mr.. Sutton himself could not be
reached by wire M made no state
ment, his brother alone doing the
| talking and he only said Sutton was
| mere and that no woman came with
| him.-Elizabeth City Economist.