davidaulloa/AmericanStories huggingface dataset:
The newspaper., 1906-07-20
AN ARTICLE IT WILL PAY TO READ.

We have taken opportunity on
many occasions recently to cN-
crcrsc the high prcrogatIve OF a
national law journal to cuuc'se
the decisions of courts of last re-
sort wherever we believe such
courts have departed from the
pure reason and logic of the law
and have allowed the rush OF
business, the peculiarly hard cir
cumstances of the particular case,
or the influence of political at
hliations. TO drive them into error,
for which not only they them
selves but members OF the bar
must also suffer. For such de
cisiuns are like two-cdgcd swords,
they come back to smtc friend as
well as foe and throw the whole
system OF jurisprudence OF a state
into confusion.
There must result such a con
dition in the state OF Colorado.
and the supreme court OF that
state. by reason OF a gross error
committed in the interest OF a
political party with which the
majority OF the court are in close
afiIiation. has been confronted
with the attempted application OF
the erroneous principle thus an
nounccd under circumstances
never conceived OF and has served
to bring :down upon that court
the wrath and disgust OF both the
profession and the people OF
Colorado. Instead OF rccccdlng
from their former erroneous po
sition gracefully, they clumslIy
endcavorcd. in the recent de
cision to which we refer, to dis
tinguish conditions which are cN-
actlv similar principles OF law
and thus worse contound con
fusion" This decision also nat
urally lays the members OF the
court open to the charge, how
ever unfounded, that they are
under the control OF the influences
in whose favor each decision was
practically rendered.
The story is still fresh in the
public mind how the Hon. Alva
Adams, elected on the face of the
returns as governor OF Colorado,
was practically deprived OF the
fruits of election by the supreme
court of that state in drawing to
itself and actually exercising
jurisdiction which it was never IN
tended it should posses, /. c., that
of controlling elections and pass
ing sua sponte and practically eN
partc on questions OF fraud IN
such election. This case was the
The newspaper., 1906-07-20
"HOCH DER" PREROGATIVE
The Central Law Journal Ably Discusses
Colorado jurisprudence and Finds a Ver-
dict Against Judicial Anarchy.

celebrated so-caIIcd Tool case, -
IN which the supreme court took
the unprecedented action of as
suming charge of an clecuon,
through high wri, OF injunction,
and furnishing alleged ballot stuff
ters with jail sentences for con-
tempt OF court-and throwing out
entire precincts on the grounds
that frauds had been committed
therein. On the face of things,
the decision was at once con
dcmncd by all members of the
par, but-it was passed by with the
reflection that such decisions
must always arse where the mem
bers OF a court are not big enough
to rise above political prejudices.
Recently, however, a district court
of Denver, presided over by
Judge Frank T. Johnson, correctly
presuming that his court, being a
court OF general jurisdiction.
could exercise any original juris-
dlction claimed and exercised by
the appellate court OF his state.
presumed to exercise the power
to control elections with respect
to local election in the city
OF Denver held to declare the
public will on the granting OF
certain franchises. By issuing
blanket inJunctions against fraud
uleny voting by corporation hire
lings, Judg Johnson on the day
after the election, on proceedings
as for contempt proceeds to hear
evidence as To fraudulent voting
and was on the point OF filling up
the jail of the city OF Denver with
many prominent politicians and
of reversing the prtma tacie result
OF the election when he was sud
denly halted in his wild career by
a writ OF prohibition from the
supreme court. The writ of pro-
hibition was very properly
granted Judge Johnson was eX-
ercising a jurisdiction which no
states has thought wise to confer
on the judiciary, but the fault did
not lie with Judge Johnson, but
with the supreme court itself in
attempting to exercise such a
power itself. For il the supreme
court of a state can exercise any
jurisdiction not specially
conferred upon it exclusively, a
court of general jurisdiction has
ipso facto the same Jurisdiction;
as such courts, in Colorado. as in
all other states, have jurisdiction
"in all cases of law and equity"
and appellate courts where they
are given original jurisdiction, as
they are in Colorado and many
The newspaper., 1906-07-20

other states, to issue writs of IN
junction, mandamus, prohibition
and other remedial writs, cannot
presume that such Jurisdiction Is
exclusive, or confers on them any
powers not already possessed by
courts of general jurisdiction
throughout the state.
Where the supreme court has
seriously blundered, and that
without any extenusting circum
stances, is in its failure to confess
its error in the Tool case" and in
arrogantly assuming that they
themselves mad an exclusive right
to directly supervise all the cleo
tions OF the state without let or
hindrancc by the exercise of
what they are pleased to call the
high prcrogative writ of inlunc
ton" while other courts of gen
eral jurisdiction throughout the
state have no such power. The
argument by wh.cb the court
reaches this absurd conclusion is
replete with references to the com
mon law dating from a period of
English history when the king and
his star chamber exercised pre-
rogative writ-' in a manner which
would not be tolerated for a
moment IN any state in the union.
The reasoning OF the court in this
respect is on par with that OF
the supreme court OF Missouri
in the case OF State vs.. Shepard,
which we crl,ised in 80 Cent. /.
]. 121. where that court attempted
to revive the mediaeval offense
ot scandalum magnatum as a
ground OF contempt.
The point ot this whole con
trovcrsy was not hidden from the
supreme court OF Colorado, and
they must necessarily have closed
their eyes to the light, for that
able attorney. Hon. Edward =.
Costjgau, representing the lower
court, clearly pointed out to the
supreme cuur, that it could not
possess any original jurisdiction
not possessed by the district
courts. He d. not discuss the
action of the supreme court in
the Tool case" but assumed
that, iuasmueu as the highest
court had declared there was a
writ, whereby judicial authority
could take charge of an election,
it was idle to discuss that ques-
tion, but he made luminous as day
that the only authority vested in
the supreme court which was not
vested in the district court was
the power OF review and super
vision. Two of the members of
the Colorado supreme court, to-
wit, Justices steele and Gunter.
clearly perceived the Ridiculous
ness of the position assumed by
the majority OF the court and
were apparently disgusted at the
puerile argument OF the majority.
Justice Steele, speaking for him
self and Justice Gunter, dissentcd
from the decision in the principal
The newspaper., 1906-07-20
Notiee 10 Onlside Users ot Water.

Parties using city water and
hauling same from the public
hydrant will hereafter apply to
Marshal tor key and deposit
water coupons in payment for
water with him. Coupon books,
value SIOO and 5000 can be OBJ
tanned from the City Clerk.
CHAS. LhUN, Mavor.
The newspaper., 1906-07-20
viii Have Broad Gauge Saturday.

Owing to shortage OF steel
the widening OF the railroad lras
been delayed considerably be-
yond the expectations of the
management. They have run out
of rails ami now are compelled to
spread the rails from Bridgeport
to Delta instead of laying new
ones. This will occasion some
interference with traffic and puts
us off till Saturday tor our first
broad gauge train.
The newspaper., 1906-07-20
Council Proceedings.

Council Proceedings.
Council Chamber, July Il, 1906.
Council met in regular session
with Mayor Zaun presiding:
The roll was called and the follow
ing trustees reSponded:-W. 7.
Bross, c. H. Garfield, Phil Eisen-
kramer. H. T. Maxville, and c. c.
Hawkins, Clerk.
Minutes of the las. three meet
in4s we're read and approved.
The Town Treasurer read a re-
port up to July 1st, 1906, which
was accepted and ordered placed
on file.
The petition of John Tenant,
Clark ct al was read and the
same was referred to the Street
& Alley committee. with the re-
quest that they report at next
meeting.
The report of the City Plumber
was read and ordered placed on
hle
The sale OF bonds was post
poned until August 7,h, 1906.
The communication of Peter
O'Brian, concerning the repair of
the reservoir. was read, and the
clerk instructed to write him CON
cernlng the condition of the same.
The clerk was instructed to
collect all past due notes for
taps by Aug, lst; if not paid at
that time. to place the same in
the hands OF the Attorney for
collection
The Auditing committee au-
drted all the bills whereupon the
same were presented to the Coun-
ell. and all voting aye, the same
were allowed and the clerk in
structed to draw warrants on the
proper funds. to-wit,
Wm. Shoup Moving hose house. 5000
Levi Hoekett Delivering pipe
etc etc.............--.......-.. 800
NJ. T. Strattou City work.. 10
John q Boiling Work ON street 500
j. W. Beezley Lights january,
February. March......-......... 1850
c. T. Rawalt Printing ordi-
nance, nuticeS-..--............... 2>.>5
c. C.. Hawkins Express. post
age, salary and rent. $40
W. F. Couine Men and teams
on streets........................... 1900
Interest on warrants No. 2>> and 80,
for $4,000 and Sl5.0O respectively,
also allowed.
Council then adjourned in due
form.
{. {. HAwKINs, Clerk.
CHARLES ZAUN, Mayor
The newspaper., 1906-07-20

a pew county publication will
appear early next week. 1t will
be socialist in politics and for the
present at least will be printed in
this office. Should the venture
prove remunerative doubtless a
plant will be installed, probably
in the county seat. VIM. Ash is
the editor, and a stock company
has financed the deal.
The Seattle star. [volume] (Seattle, Wash.) 1899-1947, 1906-09-21
SEATTLE STILL
ASHORE
ATTEMPTS TO FLOAT CITY or
SEATTLE FurtLE--FlvE TUGS
WILL TRY AND PULL 80 q
INTO oEgp WATER THIS AFT
ERnooa.

VICTORIA. n G. SEP. st-AF
efforts to float the steamer cts
q Seattle iast .ysnins we're unaae
ceszfuI The salvage steamer Sal
soF. fuEu Pioneer and Pilot. com
binsd 10 pull ~ her. but failed "a
bulge her off the rock and q was
decided that they ~ouid have q
siiu further tighten the steamer la
order 10 tloai her
About Ice tons we're taken out
yesterday. but az she could not be
moved u vas decided 70 eontinue
she work ~ dlNehArKinx and iosiaf
wofk II soinK forward. stfonE
hopes are entertained that This A.
issnooa. a. hiKh tide. she will he
got off
Those 81 the passengers who de-
sired 70 come ashore Nerr brought
IA Last night and about 30 awaited
themselves Of this privilege
There 4 about four or five feet
~ water OF the hos Of the steamer
as she hangs on the rock with deep
water aAtern. The Seattle Il not
taking water and IL believed 10 BE-
NeFY slightly injured. n At alt
The water continues very smooth.
but II a sea eofueA up much injury
and. perhaps. a total losn Nill BE-
the outcome
AZ high tide this afternoon five
tugs wlli attempt 70 pull the steam.
81 into deep water.
The Seattle star. [volume] (Seattle, Wash.) 1899-1947, 1906-09-21
Mrs. ]. C. Peterson and an Unknown Perish in
Burning Building, Others Are Missing Many
Horses Were Burned. Property Losses Will
Exceed Two Hundred thousand Dollars--ln.
terurban Bridge Also Goes.

/ freight cars. the puyallup av brig,
- fhr depot. a large livery stable
Building saloon. restaurant and va
cant store building at East G St
and three dwelling houses on Eas'
q st.. between Twenty.fourth and
~ enty.nfth efs
Ia the tWo livery stables, opcrat
81 Nv George n Russell and Albert
Efaww. zl6 puyallup as, we're oFei
80 horses. many Of them OF blood
ed stock OF the entire number less
than dozen escaped the fire, and
To boss ON these animals viii be
huavv. In addition. half a hundred
or more wagons. buggies and other
vehicles we're destroyed
Next to the stables was William
Ieuafn'A saloon. and adjoining n
>. q Peteraons Windsor restaurant
az 922 puyallup az. lt was Ia this
building that Mrs Peterson lost her
ltfe She was not seen after tho
fire end as the flames enveloped
the dry frame structure. her cries
far help we're heard by hundreds
~ men. none Of whom could rescue
her
The fire started on the lower
floor OF the livery stables. wien,
several toamstors and stable hands
we're sleeping
This morning while searching
the ruins. Peterson came upon q
human arm. which he declared "a
hive been that Of his wife, Tbs
arm and hand was Identified by
rings which we're found ON the fin
rers. and which Peterson says wor,
uom by his wife.
The Seattle star. [volume] (Seattle, Wash.) 1899-1947, 1906-09-21

A mass meeilas Of lhe advocates
Of the new municipal ownership
pfppsssai advanced b iho municipal
Ownership campaign committee
has been called Tor hest Thursday
evening a re iahof Temple Tie
pnrpsae ~ the nesting r. 10 reor
Fsnlsr she municipal ownership
aigvsueni aians the new lins adopt
I'd. and 20 plan gha campalsu for
the proposed eiis tracks "a faaf8h
~ aud Mssilake boulevard
The matter ~ nos la the hands
81 the corporations euumittee ~
fhe euuurii and neerY effort all b.
made b. the advocates Of ll % In.
luce che enuuc'i a. submit Il % -
sois e, special elceslon. 70 he helsf
az the time a tbs general visctlun
im November
n objection Ia made oE che NeoTs
q tie estsenns # ihe special ciec.
ilou tha advocates 81 the prnpoaf
fiuu alll submit 3 saafansa. to pay
the expense - the special election
In case the proposition does not
earn.
AZ Thursday nisht's usseglpE the
municipal ON hsfahip movement In
Seattle Nill be feofEanifsd b. the
formation ni a permanent City Osn
e ship League 10 carr on the Sofk
IT education and aaiistion aud 80
fizhi the granting Of longtlme ex-
elusive franchises FOR street rail-
uay tracks on important dosn-
town streets
The Seattle star. [volume] (Seattle, Wash.) 1899-1947, 1906-09-21
NELSON NAMED
SECRETARY

L. ". y. isoa. Of West Seattle.
viii be the secretary OF the demo.
cratic county central committee.
lie VAS selected by a. u. Ernst.
chairman If the eomniitlee. under
authority granted the chairman IL
the meeting Of the committee Tues
day.
Nelson WIS secretary OF the coun.
~ committee which managed the
democratic campaign 81 four Years
40. 30 Is experienced "a loc.l lem.
ocratic IL rites.
The committee VIII h1ld another
meeting Monday" said Mr.. Ernst
this morning, at which time the
campaign organization will be per
fectcd A. yet there has been little
or no discussion Of possible candi.
oates 10 III the vacancies on the
ticket. but that VIII come M at tie
Monday meeting. We want 10 PIE
sent a complete ticket before sta,t.
ing D. with tie campaign"
The Seattle star. [volume] (Seattle, Wash.) 1899-1947, 1906-09-21
DEAL. IS
MADE
Reported That C. N. &
ST. P. and VIM. Piggot
Will Build Big Car
Works at Renton.

There i Efeaf excitement 81 Rsn
lpu TO-DAY over the report. eomins
from q mett reliable soaree. that
the Seattle Car M8uufac~lrlng com
pany has purcha SOD ground hsRf
that city and win - once start con
siruciiuu OF a neN plant. the old
one being discarded AZ Younks
town
F11wfteen arrcs 81 land. directly
acFuss the river ffnm Rsntun has
been purchased. presumably By vii
liam plEutt. 81 thr Seattle Car Man
ufaetufinE eumpsnf The entire
Transaction Is being secretly guard
ed.
Il r. also reported that the Cit
case. Milwaukee a ID raui - Ia
teEeated Nith Ne fAzogt ia the par.
chase Of tie property aaa All en-
afrues ear shops and repair shaps Ia
eouinnefion vith the Seattle Cas-
Manufacturing company.
The Seattle star. [volume] (Seattle, Wash.) 1899-1947, 1906-09-21
MANY KILLED
IN EXPLOSION
TWO CARLOADS OF DYNAMITE
EspIoDG--mssy ARE KILL
60 AND INJURED. AND LOSS
OF PROPERTY WILL RgAcA
$1,000. 600.

JELiICO. Tenn. Sept. 1.-Two
carloads Of dynamite exploded here
this morning The Standard OH
tank ass DESTROYED and several
buildings Nere wrecked X Is re-
ported than many are dead. rumofa
estimating the number from 20 TO
leo The explosion occurred on tho
Louisville 4 Nashville tracks near
the depot
Tire Dead.
Five unidentified bodies have
been removed. aud the following
knoNn dead we're taken out
JOHN GORDON
WALTER RODGERS
JOHN COOK.
GEORGE ATKINS.
The property loss IL reported to
be 2 900 Geo.
When the dynamite exploded the
train was being switched TOO yards
north Of the station. near the cen
ter Of tho town. and every ware
house along the railroad trark vas
entirely destroyed. and nearly every
store entirely wrecked or so badly
damaged as 10 maize business im
possible Ieiiieo r. town 81 1000
inhabitants. and II . mining town
on the KENTUCKY state line
n il known that az least Is per.
SIMS are dead. and over 50 injured
Some Of the woueded will probably
die
The Seattle star. [volume] (Seattle, Wash.) 1899-1947, 1906-09-21
CHARGES
BRIBERY

= RArL, Sept. james Man
- si'ofnsy Tor The Shippers 4
sff association, created =
sea yesterday before the rail-
- sesHfqissi0nerN BY CHARGING that
Asafo 81 Paul Minneapolis
! v"'sha Failfesd under the man
s7'ssi q A v. Trenholm. brought
.zn'lai iafluenee "a bear iu de-
'z.s ne political aspirations ~
''zA'et Il Follstfe.
~" fxamlned. Trenholm admit
nj certain railway emplogea
- fsrsired their salaries 81 bile ab-
= nom duty or political work.
II 'Afitement at this point be-.
- Intense, ard CONN missioner
..Frs moved an Adjournment.
= vas granted b commasiouer
The Seattle star. [volume] (Seattle, Wash.) 1899-1947, 1906-09-21
PUTS UP CRY
/ FOR HELP

The cIsyn electric lishfiag and
poser plant - sending out a Nhil
"a sissFeaH, long and prolonged. aud
femrftuE to every nearby taSu. vi
laas and hamlet II needs ilnemeB
for ths Installation % neW lights
aud fhsy are not 70 be had either ia
the city OF fahufh8
A. pfeseut thp applications for
tiHEtiuK service are coming in "a The
,iepaftmeat ~ the rate Of $50 per
pees
ITO Oh these orders. satd John
l.alBb. Of the lighting office to-day
Ne viii NEED from 70 80 30 more
llnsmsn. ana we can Use them for
the next two mouthN
The lighting department has just
ordered faQ eco pounds Of copper
utfe. gse90 pins. and a large sup
lAy % lhsnlatora. brackets. lamps.
ifanslarmsfH. meters. poles. and
miscellaneous electrical fixtures. al
fro#a Seattle firms
The Seattle star. [volume] (Seattle, Wash.) 1899-1947, 1906-09-21
YOUNG BOYS
IN THE TOLLS

Paul paulson. age Is. vas late
last night arrested BY Detective
Cofbeit and Truant officer Keieh-
um. charged with being the leader
Of the gnng Of youngsters who have
been systematics lly breaking in
freight cars. stealing fruit and com.
hitting petty thieyeFy OF ell kinds
during the last few weeks.
IA was stated several days ago.
this city Is said TO be the render.
voas Of y gang Of about 20 boys,
ranging In ages from 10 TO Is years.
who have caused the police much
annoyance. and the depredations
which are laid az the doors OF the
Youngsters are crimes for which
much older heads have been thought
guilty.
The Seattle star. [volume] (Seattle, Wash.) 1899-1947, 1906-09-21
SAYS EXAMINATION
WAS ONLY A FARCE

court Yesterday afternoon to be the
finding % the commission.
PROSECUTING Attorney Macintosh
announced, when the report was
made Ca the cosrt that be would ap
peal 20 the supreme court from the
findings. but Judae frater an
nounecd that the only course that
could be taken 20 prevent the com
mi,ment Was for the state to ask
Tor writ Of prohibition TO prevent
him from sending the women ont
of the state
Pending the action 90 be taken By
Prosecuting Attorney Maekiutoah
20 prvveni the women being taken
20 the Oregon asylum they win be
taken To the Washington asylum a.
stellacoom. where they will be
within the Jurisdiction OF the state
courts
The commission consisted Of pr
Kenneth Turner, Dr J. n Snlyeb
aud Or x N Eamea
The Seattle star. [volume] (Seattle, Wash.) 1899-1947, 1906-09-21
SEATTLE
IS CHOSEN
PUGET SOUND CONFERENCE
OF "A. G. CHURCHES WILL BE
HELD HERE NEXT YEAR
Aberdeen HOT AFTER THE
CONVENTION.

Tho thiff days secession - TIE pu-
set Sound conference u the Meth.
eaist Episcopal church nov bsins
bsla It Ballard. opened with AZ aa-
dress by REV " Whitfield, y. y
The session vac taken up viii re-.
ports q various committees. and
the main feature waH an address
b REV e 81 Boswell. u. p. a
member Of the beard Of church es-
tensions Of the United States
seattle sas selected Hs ths meet
ina place ~ the conference for next
year after many lively debates.
Aberdeen being = Ye.g close second.
th. vote being 81 Ia IS
The afternoon session OPENED With
the Temperance Anniversary. Rev.
J. " FTsacolm presiding y. ~.
cheffinKton state superintendent Of
the Anil. saloon league. addressed
the conferences.
A meeting NAH held 81 Syphef =
hall by the committees nn confer d
ence. relations and education. \
meeting 81 undergraduates was held
Ia the city hail Various other com
miitsss are meeting ~ the public
library The Preachers Wives as
ISOLATION met at o'clock az the
christian church.
The Seattle star. [volume] (Seattle, Wash.) 1899-1947, 1906-09-21
JURY CAN NOT
FIX BLAME

4 Jury was empaneied BY Coroner
Carroll this morning to deterDlue
pHd fiK the blame for the death o.
Elmef burton, the sfearold son %
Alr and Mra A " Burton. clio Sew.
cufh ay. who Was eiectr0eutea
"Wednesday afternoon bF taking
hold oi u live sire belonging 10 the
Independent Telephone company.
iilame for the death could not be-
fixed
The evidence ~ several persons
who Witnessed the accident was
that the little felioa climbed an sm.
hahhmrnf 90 faach the telephone
vire. nich had fallen across sire
~ the Seattle Electric company
9'he weight Of the BOYS bodf caused
the wire 20 come ln contact with
the electric wire. which caused Il to
become charged. causing the boy .
Acaih
The Seattle star. [volume] (Seattle, Wash.) 1899-1947, 1906-09-21
HOTEL SAVOY IS
To OPEN
LATEST ACQUISITION OF SEAT.
TIE WILL SWING DOORS FOR
The PuBLic's ADmlTTANc5
TOMORROW NIGHT.

The Hotel Savoy, which Is TO he
controlled by e + Sweeney, presl-
dent. and John MeDermott, man
ager. will open tomorrow night at
& o'clock.
The hotel. which is situated on
Second Rv between Seneca and Uni
versity. Is the most modern and up-
to.date hotel on the Pacific coast.
When the hotel Is fully completed
it will represent an outlay OF about
s7p5.0oa. The office, grill and bar
is furnished in stained Woathercd
oak.
,ae men VINO are Ia nave activo
charge Of the hotel are: John Nc
Dermott. manpger; T.. Van orden.
chief clerk. John FRYE, room clerk;
Walter Richardson. night clerk
Miss L.. Barnes, office cashier. and
Frcderiel, Falkenstein, auditor.
In the dining room the head wait
er Will be otto Gahel, who is known
Ia all New Workers as the former
head waiter ri Sherry'a famous re-
sort The kitchen will be presided
over BY ]. J. Sehenck, formerly chef
~ the Holland house ia New York.
Ia the future four more stories
no to be added which will make
tho Hotel Savoy one OF the best en-
tho coast
The Seattle star. [volume] (Seattle, Wash.) 1899-1947, 1906-09-21
VALENCIA DEAD
TO Be BURIED
PUBLIC SERVICES WILL &c
HELD SUNDAY AFTE RRooN
AT TIE CRAND-ErERClS
HAVE BEEN FULLY Ar
RANGED.

At ? o'clock Sunday afternoon at
the Grand opera house the funeral
services Of the Valencia victims win
be held The services will begin
By band OF 50 pieces rendering
Nearer. My God. 20 Thee" This
viii be followed hi a hymn sung
By the choir of the First Presbyter-
ian church.
Among the speakers Will be
United States Senator Samuel II.
Piles. Mayor William Hickman
Moore and several other prominent
men
Rev. NJ. A. Matthews will deliver
an address and Bishop o'Dea Will
read the scripture lesson. The ben
edietion will be read by Rev. John
VI Dean.
The caskots are TO be carried to
the funeral car by palIbearers from
the thirteen different unions of the
building trades The funeral cor.
tege will start from Second av and
Cherry St. north on Second 20 Pike,
turn west on Pike 10 First and cut
First 10 the Mt Pleasant cemetery.