davidaulloa/AmericanStories huggingface dataset:
Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1906-04-17
SUPREME COURT
GIVES OPINION.
Affirming the Judgment Of the
Lower Observation-Disclosures
fer VS.. Meyer.
A MINING STOCK DISPUTE.
Action Was Brought TO Recover $726.-
90--.tppellant said Judgment
Rendered Was Wrong.

The supreme court today handed
down am opinion Affirming the judg-
ment Of the lower court in the case
OF Joseph Oberndorfer against Geo,
W. Meyer, appellant. The action was
brought to recover ST26.90 alleged to
be due plaintiff on account for his
commission IN a mining stock trans
action. IT vas alleged by plaintiff in
two counts that he bought Lower
Mammoth and other stock for defend
ant OF the total value Of about $4,000,
and that defendant paid him on ac-
count s2.500, but refused to pay the
remainder and plaintiff was compelled
10 sell the stock in order to secure the
balance of the purchase price
Defendant refused 10 pay the bal
ance of the purchase price AMI the
commission on the ground that plain
TIT fraudulenuy misrepresented the
value and condition OF the stock to him
and thereby caused defendant the loss
Of considerable money Ii was further
stated that plaintiff was instructed to
sell the stock at a price which would
have given defendant profit on It but
lions, The lower court rendered iudg-
ment IN favor Of plaintiff for the sum
OF ssI5.45, The judgment was not en-
tered by tNa clerk of the court until a
year after 1t was rendered when II was
entered nunc pro tune as Of date Of its
rendition.
on appeal the appellant contended
that the court erred In not compelling
the plaintiff to elect upon which Of the
two counts i'm fsI complaint he pro-
posed To go TO trial and also that the
court erred IN ordering the judgment
entered nunc pro tune over the objec-
tons of defendant.
In the opinion OF the supreme court,
written by Justice McCarty and con-
CURED In by Chief Justice Barton and
District Judge Armstrong It is held
that weight of authorities supported
the action of the trial court In the
two instances relied upon for a revers-
al While there was quite a conflict
In the evidence I'm the case. still the
supreme court holds that the jury de-
termined the facts according TO the
evidence submitted at the trial and
hence the finding should not be dis
turbed. The judgment Of the lower
court Is therefore affirmed with costs.
Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1906-04-17
COURT NOTES.

Judge George c. Armstrong of the
criminal division Of the district court
will make a setting OF criminal cases
tomorrow, trials TO begin on April "a.
Florence Newton was granted di-
yorce today by Judge Armstrong from
Grant ]. Newton on the grounds OF
desertlon and failure to support. She
was allowed to resume her maiden
name, Florence Foster.
Cornelia r. Miller today filed suit in
the district court against the Rio
Grande Western Railway company 10
recover damages in the sum Of $4,000
for the death of her son, Maxwell Baty
who was killed by a Rio Grande train
while picking IN coal near the tracks
in Bingham Junction on Jan. 8, 1906.
Justice d, N. Straup Of the supreme
court returned yesterday from Il trip
OF two weeks duration to Los Angeles
and other California cities. Justice
Straup went TO Los Angeles on the last
train that went through on the Sar
Pedro before the DISASTROUS washouts,
and returned on the first train after the
damage had been repaired
Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1906-04-17
LATE LOCALS.

u.n, Cl.arIn,s-Toa,ysl ocnl bank
clearings amounted TO sl,ols's4S. " 10
against Si5i,sil.oZ Tor the same way
last year.
ouar,er,x ni,idend--The directors
-, tha nas.,re, National hank met this
noon and declared ner cent quar-
,ari,,' d,vidend amountins. 10 $4,000
,'ayahie I'm maaiatelv
I,,,,,.o, romorro,,--The Salt Lake
paai t,stat,. association VIII hold It's
as,ni.month,v uncheon tomorrow at
,ernoon et ,br Commercial club, at
u.hich time tonics If general ana spe-
ciai n,,eras, "a tho citv and state will
he discnased
Won $50 Prihc--Glfard hale, sol, u,
been distinguishinp himself al the Me-
CHANCES institute in Rochester. \. Y,
,there he has taken n SEQ cash prize
for excelIent work The Young man
has been there only one wear.
i, :. Richards llome--Hon' f. =
Richards has returned from some
what extended visit In the east Witt
Ell he went on business. he returns
In good spirits and IN excellent nealth'
Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1906-04-17
EDWARD MEAKIN DEAD.
Sick for More Than Two Years Fin
ally Succumbs 10 Bright's Disease.

Edward Meakin. late Of the Thirty
third ward in this city. died at the l..
d. :. hospital this morning from
Brlghts disease heart trouble and
other ailments. He had been In the
hospital since last Thursday. but for
more than two years had been very
sick man.
About two wears ago he was taken to
local hospital and an operation was
performed, He never rallied from the
operation and from that time on his
condition was such as to occasion
alarm. Last Thursday he became
worse and was taken to the l.. ID. s.
hospital where he remained until this
morning, when death relieved him OF
suffering.
Mr.. Meakin leaves wife and four
children to mourn his demise.
Arrangements for the funeral have
not been completed but viii be an.
nounced later.
Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1906-04-17
ODD FELLOWS MEET,


Today and tomorrow the odd Fellows
of Utah hold the center Of interest
among fraternal orders. 1t Is the oc.
casion OF the annual grand lodge ses-
sion Of the Utah odd Fellows. and
number OF important items are up for
consideration, The most vital of these
viii have hearing tomorrow morning
when the question Of revising the con.
stltution under which the odd Fellows
operate, will be considered.
This morning little OF Importance
was considered, as the session was
taken up with the formalities Of open
ing, and usual routine matters. A good
attendance was present Of Odd Fellows
from all lodges In the Utah jurlsdic-
ton, and among them was large
sprinkling of men who had passed
through the position OF grand master
This afternoon the state assembly Of
the Rebekah lodge met In Joint as
sembly with the Odd Fellows for an
exchange OF fraternal greeting This
evening the Rebekahs Of Salt Lake Will
es4mplify degree work for visiunA
members, and tomorrow Enterprise
lodge No. II of Salt Lake viii exempii-
fy Odd Fellow degree work for the ben
eft Of visitors. The sessions VIII prob
ably adjourn tomorrow evening,
Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1906-04-17
SPIKE AND RAIL.

L. o. Leonard OF the Missouri Pa
cific has had his territory enlarged to
take In western Colorado.
c. II. Speers, general passenger
agent Of the Colorado Midland In Dem
YER Is due to arrive here this after
noon.
The Union Pacific wifi erect seven
large ice houses nj Laramie, Wyo..
this summer. Each house will be 60x
l3O feet and will be completed in time
Tor the storage of ice next winter
G.. b. Baker. travelling freight agent
for the Erie Dispatch at Chicago, Is
coming west to help Frank Vincent
give the Nickel Plate and the Wabash
run for their money on wool ship
ments,
THE Fertile Lands OF Colorado" Is a
well written and splendiddly illustrat-
cd pamphlet wherein the wonderful
agricultural and horticultural re-
sources Of the state are graphically
described. A valuable map showing
the location and extent OF the fertile
lands accompanies tho text The data
has been compiled hy Mr.. Clarence a.
Lyman, the we'll known newspaper
writer now devoung himself to agri-
cultural pursuits. Tho book Is pub
llShed by the passenger department,
Denver 4 Rio Grandc railroad.
Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1906-04-17
WEATHER REPORT

Record at the local office OF the weather
bureau for the "a hours ending at Il. m.
today
Barometer reading at a. M, 25615
inches: temperature at 6 a. M, 81: maxi
mum, 70. minimum, IS. mean, IS, which is
. degrees above normal.
Precipitation for the "A hours ending at
a. m, II inch
Precipitation since the first ~ the
month LIZ inch, which Is 40 inch above
the normal
Accumulated excess in precipitation
since Jan, l. La inch,
Relative humidity, so per cent.
FORECAST TILL p. NJ. WEDNESDAY,
Local forecast for Salt Lake City and
vicinity!
Generally fair tonight and Wednesday;
cooler tonight.
r. j. HYATT.
Local Forecaster.
Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1906-04-17
ANNUAL INSPECTION.
Concluded Last Night by Major Hlrst
OF Goth Infantry

The annual inspection OF the state
militie for the government was con-
cluded last night. by Major Hrst of the
Twenty-nInth United States infantry,
who VIII now make up his report ana
forward the same TO the war depart
ment, The final inspection included
the Hospital corps, the Light battery.
and reglmental headquarters with the
band That a credltable inspection was
passed Is generally believed The find
ings Of the inspection officer Will be
published from Washington, and he Is
not supposed 10 allow any part OF his
report to leak out in advance OF the
departments passing upon IT, Members
Of the Guard are inclined TO make
merry of the double loaded assertion
Of a morning irresponsible sheet that
the majors report viii do the guard up.
Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1906-04-17
DR.. KEATE'S FUNERAL.
Was Held Yesterday Afternoon with
Intcrment I'm city Cemetery.

Or. Walter keate, who died in this
city on Sudnay, was one of the hest
known physicians OF Southern Utah.
His demise will be mourned there by
many people. He WIS but 81 years OF
age when the final summons came.
tie was born at IT. George and II was
there that his boyhood was spent, and
II yas there that he met and married
daughter of the late Apostle Erastus
Snow. BY that marriage there are
three children who with the young
widow survive the death Of father and
husband
Dr. keate was graduate OF Har-
ward and physician Of ability. He
went to Mexico, where he practised his
profession and remained there until he
came to Salt Lake, where his death oc-
Cured from kidney trouble. His fu-
neral took place yesterday afternoon
from the Thirty-frst ward meeting
house. lnterment was in the city
cemetery
Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1906-04-17
RAILROADS BUNCoED,
II Is Said Packing Houses Cheated
Them Out of $4,000, 900.

Chicago. April l7.--The Tribune to-
day says;
Railroad officials openly charge that
the big packing corporations for years
have been cheating the railroads by
misstating the character OF the goods
they were shipping and by shipping
heavier packages than the bills OF
lading called for,
Other big shippers in the east also
are doing things that have helped to
diminish the revenues which the rail-
roads ought 10 have received.
II has been estimated by the rail-
roads that the packers alone beat the
eastern roads out of $4,000 year.
What they owe all the railroads out
OF Chicago Is problematical but II Ia
estimated at s5.0000 600. The railway
men say they have known all these
things for years and In way have
demonstrated with the packers and
other companies which were cheating
them, but within the last few weeks
they have made a determined effort
TO bring about great reform, and
they intimate strongly that unless the
shippers make restitution, there will
be q grand expose before the inter-
state commerce committee,
Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1906-04-17
FOUGHT OVER A GIRL.
One Italian Shot and Two Badly
Carved With Knives.

New York. April 1.-Two men fought
from Coney Island early today, and three
Of their friends took sides drew REVIEWERS
and began firing. There were a dozen
other passengers In the car. They, with
the conductor and motorman. sptang from
me car and ran TO "A safe distance, calling
for police.
Some Of the men had knives, which they
used When police reserves arrived four
Of the windows had been shot out and In
terror OF the car was wrecked. Three men
were stretched on the floor The others
fed at the approach OF the police, but
iye OF them Were captured.
Vincezo Carerra was shot through the
thigh. Carroll Smonelli and Antorio No
taro were cut 80 badly with knives that
they may die,
Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1906-04-17
CHURCH NOTICES

The regular monthly meeting of the
Ensign stake Sunday school union will
be held Monday evening. April 16, at
o'clock In the Twenty-nrst ward
Westinghouse, II Is earnestly desired
that all the officers and teachers be
present. GEORGE RI. WALLACE.
Stake Superintendent.
4. j. SWENSON.
Secretary,
The regular meeting of the officers
OF the Ensign Stake Primary assocla-
ton vii be held on Friday, April 20.
at i:l5 y. m, IN room 81, Memorial
building Choristers and organists Is
minutes earlier
SARAH T. STEWART.
President
ROSANNAH C. IRVINE,
Secretary.
Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1906-04-17
TAYLOR VS.. STEWART.
Nciion Brought To Recover $3.50 Now
On Trial.

The case Of William r. Taylor against
Or. Charles W Stewart Is on trial be-
fore jury In Judge Ritchies court to-
day The action was brought to re-
cover damages In the sum of IS, $50 Tor
alleged malpractice II is alleged by
plaintiff that he called upon the de-
fendant to set and treat broken leg
and that he treated the case In such :,
careless and negligent manner that
plaintiff was permanently injured. The
detendant claims in his answer that
the condition OF plaintiffs limb was 1ue
10 his failure to follCW instructions
given for its care and use and not
through any negligence on the part of
defendant Thomas and Maycock rep.
resent the plaintiff and sullivan and
BARNES represent the defendant.
Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1906-04-17
CASE DISMISSED.
That OF ". T.. Phillips, Charged With
Conspiracy In Bounty Matter.

Judge Armstrong today dismissed the
case of the State of Utah against win
e. Phillips, charged with conspiracy I'm
connection with the bounty frauds p,f.'
petrated IN this county two years ago.
upon the ground of insuficiency Of he
evidence TO warrant trial, Phillips
case Is the last one of the men charged
with conspiracy 10 be disposed Of Six
men are now serving their sentences
In the county Jail for their connection
with the bounty frauds which caused
the loss Of $4,000 to the state The
Philips case was dismissed upon mo-
ton Of Dist. Atty Loofbourow
Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1906-04-17
INCORPORATION ARTICLES.

? A copy of rho-articles of incorporation
of the Hanson Mercantile company of
Brigham City was filed in the secretary
of states office today. It's capital
stock Is $4,000. divided into shares II
the par value of 81 each. Matilda Han
son Is president. William Cross. vice
president, II. j. HANSON, secretary,
treasury and manager. The state
Bank of Sewer, located at Richhell,
filed a copy of It's articles OF incorpora-
ton In the secretary Of states Office
today. The capital stock of the bark
is $4,000, divided into shares Of the par
value of 500 each. Charles Jensen Is
president; K. d. Young, vice president.
H. {. Christensen, cashier.
Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1906-04-17

Second South street. In order to place
his ladder In u position inside where
1t would not in1ure model Of loco
motive he erected II aI an awkward
angle No sooner had he mounted the
ladder than II slipped and he was pre-
cipitated against the window thence
to the floor For half an hour he lay
on the floor until he managed to at
tract the attention Of policeman. who
assisted him TO his room IN the Eagle
block. Mrs. Kent @. Reyes, who hap
pened 10 arrive at the Office later,
rendered first aid to the injured and
waited on the suffering man until am
ambulance arrived and conveyed him
10 81. Marks hosniLal.
Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1906-04-17
10000 POUNDS OF WOOL.
Big Utah Consignment Being Moved
Today Ont of Jericho.

Tho biggest consignment OF wool
so far moved by one buyer this sea-
son Is being loaded al Jericho, tho new
shearing pen on the bennington cut
of Of the salt Lake Route This clip,
that of the Fountain Green association,
represents 500,0 pounds of wool. IT
has been purchased by the b, Harris
Wool company of St Louis and Is be-
ing loaded at fast az clipped Trav-
cling Freight Agent Frazer Of the MI
fois Central ~ on the ground superin-
tending it's transfer and the consign-
nents are being moved east over the
Hartman lines aud Illinois Central.
Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1906-04-17
BROKE HIS LEG.
j. G, Mahan Lay Helpless for Half on
Hour Untll Found.

], G, Mahan iauitor of the Eagle
block met with a painful accident
early this morning suffering COM
pound Fracture OF the leg. That he
was not more seriously injured IL SUBJ
lect for congratulation when II is as
serted that large pane Of heavy plate
giass was smashed and the unfortu-
aaate man was thrown heavily 10 the
According to his custom he went
across the street this morning and
proceeded to clean the windows Of the
Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1906-04-17
TO SEE EUROPE FIRST.
Record Rush of Americans Is Now
Due This Season.

Martin Maurd, travelling agent OF
the passenger department at Chicago
for the American. Atlantic Transport,
Dominion. Red Star Leyland and
White Star lines of transatlantic
steamships, IL here on business trip,
Mr. Maurd reports that all indica-
tions point 10 the coming summer be-
ing record for travel TO Europe. In
this connection all the big steamships
sailing In May. June and July are
practically booked up to the limit and
notwithstanding the building Of huge
ships OF 10000 tons burden the scram-
BILE for space seems to be growing
rather than diminishing all the time,
Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1906-04-17
OVERDUE ELSA ARRIVES.

San Francisco, April 1.-THE over
due Italian ship Elisa arrived here to-
day after a voyage of 2l2 days from
hamburg, Reinsurance on her was
quoted at 10 per cent.
Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1906-04-17
DEMONSTRATIONS AT LENS,

Lens, France, April 1.-THE strike
have been resumed here.
At Montigny an attempt was made to
blow up a church, Serious damage
was. done and number OF arrests were
made.
Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1906-04-17
THE MARITIME BILL,

Washington, Aprll l7.---By vote Of
172 to %, the house national mari
time bill was substituted for the sem
ate bill. The bill will not 20 10 con-
ference,
Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1906-04-17

Bank Ccarln2s--Today's local Bank
clearings amounted 10 sl,0lS,245l2 as
against sT3i,sTl.52 for the same day
last year.
Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1906-04-17

Quarterly Diyidend--Thc directors
of the Deseret National bank met TINS
noon, and declared per cent quar-
terly dividend amounting to sl5'ooo
payable i'm mediately.
The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1906-01-09
TWENTY MILES
ACROSS COUNTRY
Strenuous Effort to Hold Rail-
road Stockholders
Meeting.
ON MOVING ELECTRIC CAR
North Carolina Midland Declares
Three Per Cent.
Dividend,
(speclal to The rimes-pispatcl,.)

Special to The Times-Dlspatch.)
WINSTON-SALENI, N. c., January s.
The stockholders OF the North Carolina
Midland Railroad "Mocksville- Morresville
Line had their annual meeting here this
afternoon, and dividend of 3 per cent.
was declared. Colonel A. B. Andrews
was reelected president. c. P. McNeely
and q, v. burlington, of Morresville.
were elected directors. vice A. Ieazer
and DR.. j. T.. Mcclellan. deceased,
TT. wv. Miller, assistant to Colonel A.
B. Andrews, represented the president at
the meeting. On account OF delayed
trains he drove through the country with
the company's records from High Point,
u distance OF twenty miles. The directors
of the road met Mr.. Miller at Waugh
town in a street car, and the annual meets
ing was practically held on this while
en- route to this city.
Deputy Sheriff Hutchins returned this
morning from Pittsburg, Pa. bringing
the Rev n. L. Glenn, colored, who is
accused of several criminal assaults on
five colored girls, who were members of
his congregation while he was pastor OF
a church In the northeastern part OF
Winston. These will be called upon to
testify against him at the February term
fof Forsyth Superior Court. Glenn Is also
charged with allurlng Mary Halrston and
her daughter, Pearl, away from their nus
band and father, respectively. and taxi
Ing them off. to Pennsylvania.
He claims that the woman and dausi-
ter Just went North to assist him in his
meetings. Mary Hairston told Deputy
Hutchins that she went TO Pittsburg to
live. The deputy sheriff reports that
Glenn kicked against being brought back
to North Caroline. He wanted to be tried
in Pttsburg. He put UP the plea that,
according to the reports published in
the newspapers, no was accused of as
snultlng two white women, and he ex-
pressed fear of being lynched soon after
crossing the North Caroline line,
The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1906-01-09
COLLECTED TAXES ON
RAILROAD NEVER BUILT
Supreme Court Holds Obligation
. of Contract Not Impaired BY
South Carolina Law.
(Bv Associated Press.l

WASHINGTON, January S.--The case
of Graham and Marsh. the former audi
tor and tho latter treasurer OF Green
wood county. S. c.. VS.. S. Ellen Fol-
som and others. was to-day decided by
the Supreme Court of the United States
adversely to the county. The opinion
of the court was delivered by Justice
McKenna. and affirmed the decision of
the United States Circuit Court for the
District of South Carolina. The action
was brought to compel the payment of
interest on $4,000 worth of bonds is
sued by township &c of Abbeyville af-
lterward Greenwood county. S. c.. to aid
In the construction of the Greenville and
Fort Royal Railroad. The road was never
constructed, but the Circuit Court held
for Folsom OH the ground that she was
an innocent purchaser. The case in
yolved the validity of South Carolina
State law directing that taxes should
not be collected TO pay bonds given on
railroads. that were never built. but the
court held that the obligation of con-
tract could not be thus Impaired.
The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1906-01-09

Of a million dollars annually, and the work
and the contributions from the Baptist
churches of the South TO sustain it are
growing as the years go by.
The work has grown from small begin
nings until it has become a vast machine
for the advancement of the. Lords king
dom In heather lands.
II is believed that the board and the
denomination has made no mistake in the
selection of an assistant corresponding
secretary. For twelve years past DIR.
Smith has been the pastor of the First
Baptist Church of Columbus, Ca. where
he has done splendid work. dc is. COM
paratiyely speaking, vet Il young man,
being only about forty-sx years of age.
He is an alumnus of Howard College, of
Alabama, and Il graduate Of the Southern
Baptist Theological Seminary, of Louis
Vile, Ky.
DR.. Smith, will, of course, become a cit
izen of Richmond Last Sunday he ten
dered his resignation as pastor of the
Columbus, Ca. church, to take effect
at once. so that he may enter upon his
new duties as assistant secretary as soon
rs possible.
The board is considered to be very for
tunato in securing the services of so
able a man and such an able pulpit ora
tor as DR.. Smith.
Or. Smith succeeds DR.. E. f. Bomar,
whose health necessitates his taking a
rest