davidaulloa/AmericanStories huggingface dataset:
Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1906-11-15
OPINIONS BY THE
SUPREME COURT.
Two Were Handed Down To.
day Affirming One
Case.
ONE JUDGMENT REVERSED.
Latter In Matter OF G.. ". Bartholomew,
Appellant. W. the Fayettc Irrigation
Company--Suit over Water.

The supreme court today handed
down an opinion reahlrming the former
opinion OF the court In the case Of
George ~ Bartholomew. appellant, vs.
the Fayette Irrigation company. The
action was brought TO quiet title to
the use of certain waters of Warm
creek. located in Sanpcte county and
the lower court rendered decree IN
favor OF defendant company. The su.
preme court rendered an opinion re-
versng the Judgment but later granted
rehearng and II Is upon the rehear-
ing that the present opinion Is rem
dcred.
The opinion rcafllrms the former
opinion and reverses the lower court
II holds that the company has no right
" distribute the waters OF the creek
= against the plaintiff without his
consent and that the plaintiff II entitled
to the use Of the water at intervals not
greater than II days for 10 or 90 hours.
The lower court IL directed To deter
mine more definitely the manner OF
such use with respect TO the several
bitches and for that purpose must re-
open the case Appellant X awarded
his costs OF appeal. The opinion was
written by Justice Straup and con-
cured ~ by Chief Justice McCarty ana
Justice Frick.
LOWER COURT SUSTAINED.
An opinion was handed down by the
supreme court today affirming the
Judgment OF the lower court IN the case
of r. W. and J. G, Little W. Henry
Blank, appellant, Tho action was
brought In the city court 10 recover
damages for breach Of contract and
Judgment was rendered In favor OF
plaintiffs for 1925. Defendant under
took to appeal the case to the district
court aud to thar end had the trans
cript left with the clerk of the court
on Dec %, 1905, He failed TO pay the
flling fee within 80 days from that date
as required by law, so the plaintiffs
paid the required fee on ian. 49, 1906
in order 20 have the appeal dismissed
ON the same date they filed motion
to dismiss the appeal on the ground
that the papers We're not filed with the
clerk within The required time. After
the motion was served on defendant he
then paid the filing fee The motion 10
dismiss the appeal was granted by the
court
On appeal the defendant contended
that when plaintiffs paid the fling fee
and had the papers filed they waived
their right 10 have the appeal dis
missed This .antion the court
holds h without merit and as the filing
fee was not paid by defendant within
The 30 days as required. the lower court
did not err when ii dismissed the
appeal The action Of the lower court
Is therefore affirmed, Chief Justice Me-
Carly wrote the opinion OF the court,
which IL conourred In by Justices
Straup and FrlCk
Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1906-11-15
TO SEE BIG GAME.
Bert Martin win Witness Struggle Be-
tween Utan and Colorado.

Bert Martin. the Denver man who
picked the all Rocky mountain foot.
hall team, will come from Denver 10
witness the Colorado-Utah game on
Saturday Mr. Martin is the man
chosen by the spauldings TO pick an
all-stsr team and II Is understood that
no found several candidates on the
Utah team in the game with Don
YER, on Oct. 90 Saturdays game will
he closely watched by Martin.
The Colorado delegation will con-
sist OF % mon. coach and manager.
The officials for the big game have
been chosen and are as follows; A.
u. Tobin. referee. Freeman Bassett
and Il. u. Burton, umpires Fred
Faulkner, head llnesman' sidney Bam-
berger, timekccper.
Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1906-11-15
STORY Of THEFT
AND AN ARREST.
How officer Carlson Traced a
Thief Who Stole a
Watch.
RECOVERY OF PROPERTY.
Paul Faulkner aud Ivan Hicks Ar-
rnigned on Charge of Robbery
Youths Go 10 Juvenile Court

Paul Faulkner and Ivan Hicks. two
| vouths or,o,rad ba,oro r,,1,o &, ID
| So,
| bi''h !" the c'hhina' oiNisloh Oh uhe
| city court this morning, charged with
| robbery II was ascertaIned that both
| nor, undo. ts ,,oo.. =, 400 ,ra,i,o eios
| ~ '''''' vs. ~, Wv W. '''''
~ lne case were ordcfed TO De sont
| 10 Judge Wills Brown OF the juvenile
court. ana the trial viii be held before
that tribunal.
Inc story OF the robbery and the
events leading up 10 the apprehension
of the alleged thieves ana t,o recovsrv
80 a..
tar'a,,, 'o'sn p'VpuIls' aIo qulto III.
tbo VIE, 'S Snt, Neehs VIZ a suest az
'.a,,. "s ,t, 'V.Ni ~ " qua W soIu
v,hua - ""h ~, ~ az" ilo''i lils ioo .,.
at,,''t,.i "iVp' rVI Ihlc tuere Was
,a,,,, 80, ~ ~ ~ 80 ~ VIZ Wy S"iitS
-. ,,,. 80 - " no. .ne i''s
~ l',uau' unso'l w.
ahso, Us as roipe oucer tarlsVn
s,,s', ~ - "oS ui WV S''sul attnlg ~
a., ,,r,l i9uS ai,neI' ahH nc slalIeu III
cinthas a $50 o.uul l"e po5 ou'et
,,ai,,ntt, O''lge" Ky, nlllipet VI
tSa ,,',,r, l's0es vi illeh' Nnlch pors
cl,saI,, o,,,.,,fo,,a ~. -, 80 - 49,
~ 10 P9I9t,o'''u ~ ooy' wnoS,l ian's
70 iahn ii.SNS' coniessrd that ne had
accused the lad Of having stolen the
fter s ,,,[ Ne ios, Nv nue isoi,, ula
to tbs, 'h,s, ais u i''uns So'il Ssseo
other ho,, pa,,i ES,,ii,,, m,,d ~ ~,
tha ia,t ,,,d ,a,a, ~ u''' 9~ii s ..,ae
v,bera ne 49, I'nd I, ~. i, ~,
oo,,e ~ p,,o,ia "'r e'''Vo " e'iu H"u
So " uo'''' N''"'
CARLSON'S GOOD WORK.
a,
~ 'hS lIlstisatlon OF the san Lake
Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1906-11-15
GAS AND OIL.
Experts Claim There Il an Abundance
In Davis County.

That there Is gas and oil in Davis
county, cd timers like u. r.. Rich
have not the slightest doubt, and they
believe inteligently directed efforts will
result in profitable operations. Mr.
Rich remarked this morning, he had
sunk altogether 20 wells OF varying
depths on his raach south of Farming
ton. and there were unmistakable evil
dence OF gas and oil. -Four wells he had
sunk from $50 to 300 feet, and the wa
ter that came up was 80 impregnated
with oil and gas as to be useless for
domestic purposes. Large bubbles
would appear and on reaching the at
mosphere, break and scatter oil over the
surface for two feet square. Finally
Mr.. Rich had to give up deep boring,
and go no further down than 20 and 20
feet. At this depth the flow was hard
~ sufficient. 40 he had TO multiply the
wells In order 10 get enough lie Is
ready to agree with other prospectors
that Mr.. Doxie aud HIS associates
did not conduct their boring operations
With scientific methods. for they per-
sisted IN boring whore the Indications
were the faintest II there were any in
dications at all. That there are large
bodies Of oil and gas under the Farm
ington country, Mr. Rich does not
doubt, only the trouble Is to locate with
an intelligent purpose.
Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1906-11-15
LATE LOCALS.

Bank Clcarings---Today's local bank
clearings amounted 10 s1,S20, 1916 as
against S1,2i6,731,6f for the samq day
last year.
Beat Boulder or Bust''-The fresh
men class at tho university have had
200 slips printed bearing the slo-
gan Beat Boulder or Bust
Heavy Afternoon GaIe--At 2t5 this
afternoon a heavy gale struck the city
from the west. stirring up great
clouds Of dust, and making things roar
generally.
ON Duck Hunting--state Senator
Love will speak TO nature study classes
at the University of Utah, at $3.50 to-
morrow on the subject Hunting the
Wild Duck"
Real Estate SaIes--A. j. pendlcton
has sold to Ethclyn r. Perkins. t6i
feet by 3is rods. on Sixth South street,
between Fourth and Fifth East streets,
for $4,000.
To Pay acknowledgements Clerk
Judd OF the board Of education win
pay the salaries of the principals, sup
orvisors and teachers OF the city
schools for the second month OF this
term
Visited Slatlons--Section Director
Hyatt of the weather bureau has re-
turned from a trip through the state
inspecting The various voluntary sta
items He found the stations In good
condition, and tho observers enthusi-
astic In their work.
Water Tank Cars---The Western Pa
cific Is In receipt OF half a dozen So
coo gallon water tank cars for use on
tho western deserts. There will be a
car placed at each desert station, be-
sides being used as secondary tanks
on trains for supplying locomotive
boilers,
Ambulance Racc--The ambulances
of the Holy Cross and st. Marks hos
pltal had a race this morning down
west Second South street 70 the
amusement of passers-by. Tho first
named vehicle seemed to have the
speediest horses, and, as boating men
would say, soon gave the other It's
water.
Chronicle Issued---rhe fourth num-
her OF the University Chronicle made
its appearance today. This Issue Of
the periodical IL great improvement
over previous copies. II contains ex-
cellent cuts aud well written articles
on student affairs. With each COPY
Is loose leaf containing a splendid
cut Of this years football squad.
r. II. Ellerbcck Hi--Thomas r. FL
lerbeck. member Of the board OF edu.
cation from the Fourth Municipal
ward. has been confined 10 his home
for more Than a week past with ty-
phoid fever. While there is apnar-
entity no immediate danger, his case
Is said 10 be a severe one, close medl-
cal attention and skilled nursing are
relied upon to bring him safely
through the trying ordeal.
Karl Malm Dead--Karl Malm, a
member OF the First Regiment band,
died last night from Bright's disease,
leaving a family The deceased was a
tailor by occupation and a native OF
Sweden. The funeral win be held to-
morrow at . y, m, from J. W Tay-
lor's chapel, and G company Of the
First infantry, which Is largely COM
posed Of the countrymen OF the dead
Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1906-11-15
WARD
ENTERTAINMENTS

Thirteenth Ward---The teachers Of
the Thirteenth ward will give a dane
ing party in the ward hall Thursday
evening, Nov Is. Good music has
been secured and an enjoyable time
Is assured by the committee in charge.
Seventeenth Ward---A testimonial
ard farewell party will be givoa IN
the Seventeenth ward Westinghouse
tomorrow evening In honor of Elder
j, Preston Cutler who will soon de-
part on a mission TO Japan. The fol-
lowing program, beginning at \
o'clock, has been arranged.
String quintet ....,,,.,....,...
Alessrs. G. w, Price. o, Erick-
son. V. Sconberg, v Arnold. A.
Pouton.
Baritone solo, MIR Melvin Peterson
Recitation ,.,.... Miss Irene White
Vocal solo. ..,..,.... Miss Ivy Evans
vocal duet ..1...s'.,...s,.
-. Misses Geneva and Ethel Felt
japanese song and short talk on
Japan ..,...........H II. ). Ensign
Remarks ..,.,.,,,,.....
Elder j Preston Cutler, Bishop
F. S. Tingey.
After the program the evening will
be spent IN dancing. Music by ward
orchestra.
Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1906-11-15
MRS. ADAMS GOES EAST,

Mrs Annie Asenath Adams received
a telegram yesterday from Chas. Frob-
man asking her to leave Immediately
10 al an engagement OF eight or ten
weeks with Ethel Barrymore. who is
about To revive Capt links OF the
Horse Marines Mrs. Adams, who had
intended to remain In Salt Lake all
winter with her mother decided to ac-
cept the offer. as It was supplemented
by dispatch from her daughter Maude
urging her 10 come. and viii leave to-
morrow morning for New York. She
expects TO return In two months, and
during her absence her mother viii re-
side with her friend, Mrs. Isabel Pitts.
In the city,
Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1906-11-15
WEATHER REPORT

Record at the local office OF the wealth.
er bureau for the "A hours ending at
a, m, today
Temperature az a m, 81; maximum,
g. minimum, 81 mean, 80, which IL % de-
grets above normal
Precipitation since the first OF the
month, 81 inch. which is 90 inch below
the normal.
Excess in precipitation since Jan /. 40
inches e
Relative humidity 20 per cent
FORECAST TILL p. ". FRIDAY.
Local forecast Tor Salt Lake city ana
vicinity:
Rain or snow and colder tonight and
Friday; high westerly winds.
r. J. HYATT,
Section Director
Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1906-11-15
FISHING FOR TROUBLE.
Open Rupture Between President
Schcfshi and Fish and Game Assn,

The Fish and Game Protective assocla.
tion and It's president, Mr.. Schefskl Of
bike game fame, are scheduled for d
large sized mixup when quorum OF the
fishers can set Mr. Schefskl into meet.
ing again, The president has been en-
trusted with the task OF drawing 4
voucher IN favor OF George Tuckfield
winner Of the prize offered for abe best
fish screen submitted Schefski had other
plans, II seems, IN regard TO FISH screen
prizes, for he broke into print with a
vicious attack on Mr. Tuckfeld and his
screen. and refused 10 obey the orders Of
the association TO draw the warrant II
told Tuckhed the association was going
70 reconsider the matter. since then there
have been several meetings called, and
Schefski has refused to be present.. <hre
was such an effort at a meeting last
night, and those who were there promis
that one. more week Is about all thai W
pass without there being "show down
on whether or not officials OF the asso
citation are serving 1t.
Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1906-11-15
APPOINTMENTS CONFIRMED.
Information Given by News" Proved
Correct as Usual.

The information as given In last eve.
ning's News about the change IN the
management Of the Utah Light & Rail-
way company proved correct, and Mr.
Joseph S. Wells Is the acting secretary
and general manager Of the company.
AZ meeting this morning Mr.
Campbell also rendered his res
ignation as secretary. Mr. O. A.
Honnold, who has been act
Ing as electrical engineer OF the COM
Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1906-11-15
GILLESPIE ARRAIGNED.
PLAINTIFF GETS $4,000
Action Brought for $50 ,OOO--Result of
SECOND TrinI

The second trial Of the case OF Charles
\. Brown against the Union Pacific
Railroad company. which was Conclud-
ed In Judge Ritchie's court yesterday
afternoon, resulted in another victory
for the plaintiff who was awarded a
verdict by the jury IN the sum of $751;
coo. The action was brought to re-
cover damages in the gum of $50, 900
for personal injuries received by plain
tiff while employed as an engineer for
the defendant company. Plaintiffs
engine colllded with another one near
opal, Wyo., In March, 1904 on account
Of the negligence OF defendants agents
In not furnishing proper train orders.
The collision resulted In permanent in
iuries to plaintiff. At the former trial
OF the case he was awarded verdict
for $4,000 but Judge Richie reduced
that amount to $1,000 which plaintiff
refused TO accept hence the case had 10
be tried over again, resulting IN a ver-
dict for $4,000,
Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1906-11-15
NEW YORK CENTRAL
CONVICTED OF REBATlNG.

New York, Nov l5.--The New York
tral Railroad company was this aft
con found guilty Of Relating The
Gaze was given to the jury early In the
afternoon after a motion by Joseph II.
Choate. counsel for the company, to
dismiss the indictment had been denied.
The defendant company was found
guilty OF granting rebates amounting
to $4,000 to the American Sugar Rein
ing company.
The trial Of the American Sugar Re-
lining company on a charge of accept
Ing the rebates paid by the New York
Central will be commenced tomorrow,
Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1906-11-15
PERSONAL.

The Doctors Shores left on a Los An
geles trip this afternoon.
Atty. Gen, Breeder has gone to Cali
fornia to be gone for two weeks.
Manager Van Dam OF the Credit
Mems association is in Idaho on BUSH
ness.
General Passenger Agent Burley of
the short Line has gone to Nevada
on business.
Travelling Auditor ]. r. Lang of the
Pullman company, has just completed
checking up the local offices and prop
critics, and leaves for the east this
evening He found everything in APP
pie pie order.
Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1906-11-15

DR.. Talmagc's new book. 1.-The Great
Salt Lake present and Past)," should
be In the hands OF every educator. The
amount Of Information It contains re-
lating TO the great saline sea, makes II
an Invaluable work for reference or
study, Deseret News Book Store. Salt
Lake city. Utah.
Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1906-11-15
RAILROAD NEWS.
WILL GET OUT COAL.
Property To he Developed When Mof-
fat Road Comes.

When the Moffat road reaches this
city the measures of coal lying undevel-
oped In Routt county, Colo. will be
accessible for consumption in this city,
which will prevent any more coal FAM
ines. The road will reduce the distance
between salt Lake and Denver by 300
miles. The area Of the coal field re-
ferred TO is put at 1900 square miles,
including 40 square miles Of anthracite
deposits.
Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1906-11-15

HAVE you THE CHURCH WORKS?
No Latter-day Saints home should
be without a set OF the standard
Church publications on the center ia
BILE or In the library. Send for tlNa new
free catalogue Deseret News Book
Store, Salt Lake City
Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1906-11-15

land, $40. damages $500 judgment
was accordingly enteIed IN favor OF ue-
PENDANTS and against plaintiff Tor tne
amounts named. The property con-
demned Is located al Bingham.
Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1906-11-15

WE DO JOB PRINTING ana ~,
kind OF Job printing that svevhoI n,
wants who wants good work. tn fn ~.
eret News, D's'
Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1906-11-15
DIED.

SCOLES.--ln this city. on Nov. 1, from
general debility Anna scoles, area \
years.
Funeral services tomorrow at ma
at Nephi. !"
SLACk.-ln this city yesterday ,ro,
pneumonia, Annie Slack. AGED n wears
Funeral services at American Fork IL.
morrow at p M
MALM,-Of Bright's diseases, Nov I.
g.45 y. M, at 10 Church street ssI,
Lake City, Karl Main, aged Is ve,rs
native OF Sweden. Deceased was
member Of the First Regiment RAM
n. @. y. Leaves wife and one chld
Funeral Friday az 8 p. M, from Jossns
VIM Taylor's undertaking parloS n
south West Temple street. Friends in
yitcd.
STRASBERf--ln this city Nov. Il d.
Anders u. Strasbery, 73 years Of az.
Funeral from his late residence 1870 "a.
Ind West, Friday Nov. l6 atm m.
Friends invited to attend
Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1906-11-15

You can get photos at half prIce NJ.
month at a first-class studio 81 chs su'
2i9 Main. N"a@
Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1906-11-15
BECKWITH BANK CLOSED,
Concern Established Many Years Ago
Closed Its Doors.

Especial to the "Nows.)
Evanston. Wyo,. Nov, l5.-Consider-
able surprise was occasloned here this
morning. by the announcement that
Beckwith & Co. bankers. had closed
their doors Financial troubles are CIV
en- as the cause. and as the bank Is one
OF the oldest In this part of the country,
there is some surprise that 1t should
go under. Its condition has been shown
TO be weak for some time, among
financial institutions.
Mccormick & Co., are the represents
tives of the Beckwith bank In Salt
Lake. The news OF the failure was re-
ceived at the various banks today, and
the opinion was expressed that II Is on
account of no financial depression, or
does not indicate any financial weak
ness. but merely some trouble In the
bank itself.
Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1906-11-15

X Il EvanA Florist sc 8 Main g.
Floral Designs . Specially. Phones a.
Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1906-11-15
roDAY's TEMPERATURES.
YESTERDAYS RECORD.

iiighest ..~f'.. ,.....,....,..,........e
'.VWvs' ''..'f --....,.,,,....s..........N
Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1906-11-15

musician. viii furnish the firing
squad.
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1906-02-14
STUDYING AMERICA.

1t is pleasant to observe that the American
Minister TO Colombia. Mr.. Barrett. is repeating
this year the offer of prizes which he made last
year TO American college students for the best
essays or papers on political economic or his
tOrical subjects relating TO the Latin mert-
can republics. The competition for last years
prizes, we believe. considerably promoted in
terest in and study of those countries, and
similar result, of still greater extent and value,
is to be expected this year. In insttuting these
prizes-whch is done through the agency Of
the president of Columbia University, in this
city-Mr. Barrett has performed real service,
which Is TO be regarded with appreciation and
gratitude.
1t is a remarkable and by no means creditabls
fact that, while for more than eighty years the
foreign policy of this country has been largely
based upon and determined by our relations
with the republics at the south of us, we have
persistently-we might almost say studiously-
neglected either to cultivate intimate relations
with those countries or to inform ourselves con-
corning them, so that to-day we are far closer
to and more familiar with Europe than to and
with the countries which we have nominally
been protecting from Europe. There is no ex-
aggeratiOn in saying that China and Japan are
nearer 10 US than Argentina and Brazil.
1t is high time for those anomalous relations to
be transformed. Indeed. the logic of events is
compelling their transformation. Our new in
terests in the West Indies and on the Isthmus
of Panama and the prospective opening of the
west coast of South America TO our direct COM
merce are compelling practical attention to the
Latin-Amercan republics and the closer and
more practical that attention is the better IL
will be for us.
There will be much profit in such pursuit of
study as Mr.. Barrett's offer is designed to pro-
mote There will also be much interest from
the purely theoretical and academic point Of
view. The history of Central and South Amer
lea is an absorbing one, Astounding in the ele-
ments of romance and heroism. and involving,
we must remember, the progress and destiny
Of a great part of one of the most interesting
branches OF the Caucasian race Much of the
very flower of Spanish chivalry was trans
planted to those lands, and its career there has
been not altogether unworthy of its antecedent
estate In becoming better acquainted with
Latn-America we shall cultivate relations with
lands and peoples that are not destitute of
historic past and that are surely destined for
an important and not inglorious future