davidaulloa/AmericanStories huggingface dataset:
The Washington times., 1908-02-05
FLEET TAKES COAL,
READY FOR VOYAGE
Up PACIFI C COAST
Rescue Parties, Both
Useless, Interest Men
on the Vessels.

PUNTA ARENAS. Feb. THE coal
ing OF the American battieshlp squadron
will be finished tonight. and the Meet
viii steam from Punta Arenas harbor
early FRIDAY. Leading it as far as
Valparaiso will be the Chilean cruiser
Chacabuco. which greeted the visiting
vessels on their arrival here,
Though the sQuadron cannot put in
at Valparaiso. II viii pass close enough
to the coast 10 enable the shore
watchers TO sight 1t as It passes. Peru,
which is also preparing an elaborate
welcome. will send the cruiser Bologncsi
to meet the United States vessels 200
miles of the coast and escort them 70
Caliao. President Pardo will sreec
them ct sea with a wireless message of
welcome
The Washington times., 1908-02-05
BACK TO REFORnATORY
FOR TWO ERRING YOUTHS

Parole officer Charles s. Moore. OF
the New Jersey State Reform School,
left Washington today having in his
custody Benjamin J. Harrison and John
W. Simmonds, each eighteen years old.
They were arrested here for obtaining
money under false pretenses. but will
not be prosecuted. The lads were re-
turned 10 the reformatory. having vio-
lated theLr parole in leaving the STA. e
Of New Jersey.
It is alleged the boys purchased a re-
volver from D. \. WalfOrd, on Penn
sylyania avenue. and gave in payment
a check slightly In excess IF the price
of the weapon. The check, il is said.
was bogus.
Both men had in their pockets kid
gloves with one finger filled with solder.
Detective Cornwell says the boys used
the gloves as blackjacks.
The Washington times., 1908-02-05
Women Suffer

may run You into Brighrs disease or
diabetes.
Doan's Kidney Pills are a special med
feline for the kidneys. and do not affect
the bowels or any other organs. There is
not a particle Of poison in them-iust
the pure roots and herbs that nature
intended for curing the kidneys.
Doan's Kidney Pills cure every form
Of kidney trouble. Read the TESTIMONY
OF woman Of your own city, perhaps
neighbOr.
The Washington times., 1908-02-05

Just as good" as RcnCo. For sale by
all druggists at 800 per full sized box
OF by mail prepaid, by The Rengo Co,
@2-3 Rengo Bldg, Detroit. Mich The
company viii gladly send you a trial
package free by mail. IL you write them
direct 10 Detroit; no free packages at
drug stores
For sale and recommended in Wash
ington by II Evans. 924 F street north
west. Af.eck's Drug Store. 1923 Penn
sylvanlG avenue northwest. Peoples
Drug Store, S14 Seventh street.
The Washington times., 1908-02-05

less in all its properties. It will not In
drugs and medicines do.
Eengo VIII positively reduce surplus
fat rapidly and do So without harm
TO the subject II is very paIatabIe
ana peasant % eat. II IS prepared in
q highly concentrated form and &c con
The Washington times., 1908-02-05
TROUBLE OVER CHECKS
BRINGS JENKINS ARREST

detectives Parham and O'Brien today
arrested Edward jenkins. a salesman.
thirty years old, giving his address. as
- 90 ~ d-a-half street southwest. on
charges Of false pretense.
It is charged he gave seven checks
for amounts ranging from s. TO 81
when he had but 80 cents in a Wash
ingtOn bank. Joseph Auerbach. Walter
T. Degree, and Manager Wheeler, OF
St James Hotel, are the complainants
in the case.
The Washington times., 1908-02-05
RAILROADS.
BALTIMORE AND OHIO r. r.

LEAVE NEW UNION STATION.
ROYAL. BLUE LINE.
Every Other Hour on the Odd Hour"
To PHILADELPHIA AND NEW YORK.
NEW TERMINAL. 22D ST, NEW YORK
100 a. m.-Diner Pullman Parl1r.
1900 a m.-Buffet ParI0r, Hr. Train.
$500 a. m.-Diuer and Pullman Parlor car
Il-OJ-a- m.-Dlner and Pullman BaTlOr Car
100 p m.-Dlner and Pullman ParlOr Car.
goo D. n--'ROyal Limited" All Pullman.
1900 y. m.-Coaches /, Philadelphia
= 90 D. m.-Diner Eut Pullman PaTI0rs
= ,. m.-COaches - Philadelphia.
'll-Oo p m.-Sleepers.
'Z,5Z a. m.-SIeepers.
ATLANTIC CITY. 200. 900. tI1:0o a. m,
100 geo p. IN.
ANNAPOLIS, week days, 500 a. m. l2:00
noon, as 90 pm. Sun, $50 am. $50 pm.
EVERY HOUR or THE HOUR"
week days T.d0 a m. 20 .. M
TO BALTIMORE.
'252 800 70 80 S7e0 = 20, T6-00, $50, 300,
= S .. l56S q16 ia 90 a9on y S5
T4.45, - %. f5.03 $50, &c 90 IS 30 Co $500
1880, ~. 90. 'IO-25, HI.SO, '11.55 ?. m
WESTWARD
CHICAGO, 1910 o, M "I.22, $3.50 ?.
WILLIE, = 10 a. IA, '4.05 ,. m, 1910 night
PITTSBURG. $40 d. H., ~. $40 ?. n.
1920 night
CLEVELAND. $40 o. n.
COLUMBUS, $50 p m
WHEELING. $40 a. m., $50 p. m.
WORCESTER. 1910 am. T4-QJ. 100 pm.
FREDERICK, TS-21 1910, ET9.I0 a. m. 80 30,
f4.05 f5:45 D. IN.
HAGERsTOWN. 1910 a. n. 1900 p. III.
sDauy. Except Sunday. %~Sunday only.
TELEPHONES al al q the following
Ticket Offices. 1n7 9 ST.. Tel. Main 1881; 6ls
Station Ticket Ofice, Tel. Main 1880; IufOr-
nation Bureau Main 1880. nOlI-E
The Washington times., 1908-02-05
VENEZUELAN HIGH COURT
FINES AMERICANS 100000

CARACAS Venezuela, Feb. 5-The
first suit Of the government against the
New York and Bermudez Asphalt Com
pany for annulment OF the companv's
concession came to an end when the
high federal court Of Venezuela handed
down q judgment approving the assess
ment Of $4,000 because the company
has failed to fulfill the terms OF its con-
tract
The Washington times., 1908-02-05
SEABOARU AIR LINE RAILWAY.
Tickle Office, I4zI Penna. Ave.

NOTICE owing schedule not guaranteed.
lI-55 a. 49, lal-y-Sezb0ard Mall Through
coaches and 7UllUa1 s.eepeTs 10 Savannah
and Jack lie. Through sleeper Washing
ton 70 Hal IS and Hamlet 10 Atlanta Parlo-
car % PingLuTg-. Dining cars.
-.e5 O. n daily-5es board Florida Lin
tied solid Pullman train through 20 jack
s1nvilIe and St Augustine. Also through
sIeepers 10 Pinehurst. Atlanta, BIrnilg-
ham and Memphis Dining cars.
F.El T. M ta-ly-Sea board Express
Coaches and Pullmans 10 Savannah and
jacksonville.
r Il STANSELL, District Passenger agent.
The Washington times., 1908-02-05
TO SECURE RIGHT OF WAY
FOR EAST SIDE SEWER

Engineer Commissioner Morrow TODAY
recommended that the Corporation Coun-
sci be instructed 10 institute condem-
nation proceedings to secure right Of
way for the construction and main
tenance OF the east side Intervening
sewer in line Of the DroDOsed eyrar-
sion Of Twentieth street east
The right of way for the SoaDstone
branch sewer across the property of
Anna G Payne is 20 be purchased for
s..
The Washington times., 1908-02-05

Nenieut o carry in
the pocket 50 one can
have IL with him At
all times
RengO requires no ex-
hausting exercises or
starvation dieting 10
help 10 out as so many
OF the so-called fat
remedies do. You cen
40 right ahead and at
tend TO your regular
daily duties T. com
uels proper assimiIa-
ton OF the food and
sends the food nutrI-
meut into the muscles.
bones and nerves and
builds them I'D IN
stead Of piIing Il up
in the form OF ex-
cess fat.
The Washington times., 1908-02-05
MEYERS ENTERTAIN
THE R00SEVELTS
Continued from Fourth Page)

ICohunutu from fOuiIu I1BeJ
Miss Margaret Cameron, and Mrs.
Beekman Winthrop.
IN the audience were Representative
and Mrs. Nicholas LungWOTth. the Bel
gian Minister. Baron MOnCheur, with
Mr.. Haveuith of the legation; Mrs.
Robert Bacon; Mrs. Garfield, wife OK
the Secretary Of the Interior; Mrs.
George Young. wife of the second sec
rotary Of the British embassy: Mr.. and
Mrs. George Vanderbilt Miss Harlan,
Mrs. Hunt Slater, Mrs. Herbert Par
sons, Assistant Secretary of War
oliver, Mrs. LOWndes. Mrs. W. II. II.
Green, and Miss Mary Cryder
The Washington times., 1908-02-05
FOR SALE-LOTS.

FOR SALE-choice lots IN Connecticut Ave
nue. Terrace. right the Capital Traction
line; sever al beautiful homes viii be started
next month ia addition 10 two already COM
pleted. Tie 5000. 600 Connecticut Avenue
bridge which was recently opened 20 the
public will greatly increase the value OF
this property. FOr illustrated plat and fun
particulars, write, telephone OF call on
ROBERT Z HEATER. Colorado Building.
phone Main 523. 5aSI-7t
The Washington times., 1908-02-05
THE DIFFERENCE.

I'd he ashamed to go round begging, 3"
said the prosperous citizen.
Takes all kinds NV people { make
world" rejOined the tramp. Here
you is too proud L beg, an I'm too
proud { ork''-ExChange
The Washington times., 1908-02-05
Appraisers Guessed Duty.

Yet all these are in the same cIassl-
1cation and pay the same rates; but
more absurd than this is the fact that
they are put in the same classification
by the appraisers and the courts passing
on each article because Congress did
not classify them at all Nobody knows
The Washington times., 1908-02-05
SOUEHEEN RAILWAY.

Y B.-Followins schedule figures published
cnIv as information and are not guaranteed
For Atlanta. Birmingham. Mobile, New or
leans AsheviIe. Chattanooga. Ae-upLl5, $40
a m and go ?. %. daily.
Tor Roanoke. Knoxville. CHATTANOOGA
Memphis. New Orleans. lob ?. m daily.
For Sz fannah. Jacksonville and Florida
points, $50 y. N. daily.
For Columbia. CEarIestoa. Augusta Aiken
S:I0 2. n. snd ESQ p n. daily.
L s BROWN. General Agent
The Washington times., 1908-02-05

Nine. Nebolsine, wife Of the naval at
tache Of the Russian embassy. was
hostess at luncheon today in her home,
on NJ street. Covers were laid for
twelve
The Washington times., 1908-02-05
FOR SALE-FARMS.

FOR SALE-Or rent. farm Of = acres with
large new house near Congress Heights. In
quire 1920 g st. NV fe5-2t
The Washington times., 1908-02-05
Friendly Society Dance.

The fifth annual dance Of the
Epiphany branch OF the Girls Friendly
Society was held last evening in Mrs.
Dyer's Academy, 1917 r strt ct 1t was
largely attended, anG pronounced a sue
cess in every way.
The Washington times., 1908-02-05
Reduce
Your Fat.
RengO Rapidly Reduces Excess Fat
Without the Aid OF TiresOme
Exercises or StarYa-
ton Diet.
COSTS NorHINo 10 TRv-

RenEO VIII reduce excess fat and
build up the strength and health Of any
one who eats u regularly for a short
time. It is a product of nature delfci-
Gus 70 the taste and safe and harm
The Washington times., 1908-02-05
Evans Confined to Cabin.

Admiral Itvans, still opEnned 70 his
cabin by an attack Of rheumatism. has
not had much opportunity &c enjoy HIM
self at PUnta Arenas. but his officers
have been fairly overwhelmed by the
receptions and entertainments in their
honor. The sailors on shore leave have
maintained the high standard already
set for good behavior. and not "a single
unpleasant incident has marked the stay
here.
The torpedo cat f3otilla Joined the
bait eship squadron here today.
Tn big cay Of the Atlantic fleet 8
cruise SO far was yesterday. There was
eXclt eTIent, Of three assorted kinds.
extending all through the day and slOp-
ping ear over into the early hours Of
this morning
The Washington times., 1908-02-05

Society was held last evening in Mrs.
/ Overs Academy, 1917 r str, ct. 1t was
! largely attended, anG pronounced a sue
cess in every way.
EIrs. Isaac Brown. of New York, was
/ the guest of her sister. Mrs Meyer 81.
Stern, OF the Ashley. for a few days
when en- route for Florida.
The Ladies' Auxiliary Of the Eighth
Street Temple held a meeting Monday
afternoon, in the vestry rooms.
The meeting was presided over by
Mrs, Joseph Abel. After business was
discussed, Dr. Abram Simon addressed
TIE ladies. his topic being "Ceremo-
mails" Miss Celeste Goodman rendered
piano selections and the meeting closed
with refreshments.
Mr. and Mrs Meyer FelIheimer havo
returned to their home at Florence
Court after a delightful trip South.
NIr and Mrs. Meyer NordUnger, Of .
street entertained the West End
BFldEe-Whist Club at their home. last
evening.
Mrs a. RichoId. of New York. is
the guest Of Mr.. and Mrs. l. Richold.
OF Eighteenth street.
Under the auspices Of the Council OF
Jewish Women, concert viii be given
tomorrow afternoon in the banquet
hail Of the Raleigh Hotel, the pro-
ceeds Of which Will be used to further
the musical education and development
Of Elias Breeskiu, violinist.
The other artists participating are
Mrs. ". II. Shlr-ClIn, Madame Marie
Won Unschuld, and the washington
Quartet consisting Of William Green.
Daniel Breeskin, Robert G. Stcarus. AMI
Louis Manoby.
The Washington times., 1908-02-05
E0R sALk-sUBUKBAR

AN OBLIGED 10 raise money within the
next sixty days and viii part with my 11t
over 1900 square feet, near the cars. 500
BOX 57l, Times office. fa5--r
FOR SALE-L.ot 81 Kenilworth S1z5. Address
BOX 5y4 Times Office fa5-sr
Fer SALE a. public auction on THURSDAY
February g. Is0s, at 3 o'clock .. m. two
hye-room frame houses and large lots. only
ten minutes ride from L. Treas1rt- ne
paTtmsnt Washington; on Two electric
railroads. The houses are valued AZ Ss9
each. but will be sold without reserve. S5l
down. balance very easy terms Also ten
acres unimproved. JAMES Z. CLEMENTS
I4Gs q St nv 800
The Washington times., 1908-02-05

Irs. Isaac Brown. of New York, was
the guest of her sister. Mrs. Meyer 81.
Stern, OF the Ashley. for a few days
when en- route for Florida
The Washington times., 1908-02-05
Chance for Rescue

At about 10 o'clock Thursday morning.
as the officer Of the deck on the IIIi-
nois was pacing W end down, gazing
into the trOpic sky and the tropic sea,
and wondering II there really was
snow in Herald Square. he spied in the
far blue Of the sea a raft. Gazing earn
esuy through his gIa sses, he deserted
four men aboard. > small sail fut-
tered IN the breeze. The Brazilian
coast was forty miles distant.
The kind heart OF the officer almost
leapcd out Of his bronzed lace. ship
wrecked sailors. Hai 4 rescue. Ma
teriaI for a sea tale by a Clark Russell
or a London.
The Culgoa, beef storehouse, last
ship In the procession, was ordered 10
lower a boat and rescue the mariners
on the raft.
The boat was lowered and stout jack
les pulled it TO the raft.
Then IL returned 10 the CuIgoa and
with Just its original crew. TlS mes
sage was siguaIed to the Illinois:
The men on the raft were Brazilian
fishermen They refused 10 be rescued.
but viii gladly sell you some FISH"
After the fleet had resumed IT'S forma-
ton all was quiet TIN a. m. Then
came the big show. The Missouri fired
a gun ana sigualed Man overheard %.
Ship after snip Of the feet hastily
manned its searchlight and the ocean
was swept by the powerful beams
From the Missouri and from all the
ships near her the automatic life buoys
We're dropped and their lights blazer
here and there over Che surface
Of the sea. dipping one moment in tho
hollow Of wave, then shooting aI0IJ
on its crest.
Quickly the sharp word Of command
rang out as the officers directed the
lowering Of many boats which followed
the SearChlights beams and the life
buoys flashed in the search for The,
man overheard. 40 man could h-
found The whole fleet was stop9ed
and lay motIonless for an hour while
the sea was searched. Meanwhile the
MissOuTi's sailors were called 10 gen
ersl muster From hunks and ham
mOCks they were reused and brought
up on deck to answer to their names.
Men on duty We're noted ana when the
painstaklng count OF over 800 men was
completed not one wa missing. This
was the signal that was flashed 70 the
flagship.
Am happy to say that alarm OF man
overheard was caused by dlstressful
cry Of man sleeping on deck beinR
struck BIZ another"
The Washington times., 1908-02-05

FOR REST-3lo per night. so Per week
dEesr entertainment hall n city. also large
rooms y. z. TEMPLE. 18th ans Il ne
See Janitor. constantly on premises
The Washington times., 1908-02-05
FOR RENT-OFFICES

DESIRABLE once rooms IN Evans building
lL6 20 1874 New York ave Rental very low
tnclucing heat, light. and Janitor service
Tork Ave r0rs-G4-
The Washington times., 1908-02-05
FOR EXCHANGE.

WILL EXCHANGE equity Of $500 in ?
story and cellar brick located IN Petworth.
heated by a furnace; convenient 10 the
cars; trust Of SS,65e at SCI TO run FOR two
years. Address BOX 500. Times Office. =
The Washington times., 1908-02-05

MONEY TO LOAN AT LOWEST RATES
OF INTEREST ola D. c. Real Estate No
unreasonable delay.
WALTER H. ACKER.
fe4-tf lac + ST. n. W.
The Washington times., 1908-02-05
MONEY TO LOAN.

IF YOU NEED MONEY to pay rent, OF buy
coal I viii furnish all you need / lend yoJ,
on your furniture or piano, these loans are
strictly PRIVATE. Try me. p o. BOX
23s2 Station c. fe5-tf
The Washington times., 1908-02-05
FOR RENT-FLATS

FOR RENT-Z5 Eye 81. r.. i've Iarre
bright rooms and bath only SlZIg month
Also l7eZ Willard NV, six rooms and bath
n perfect order. rent $3.50 month STONE
& FAIRFAX. 1912 New York ave fe5T
FOR RENT-Five-rOom fiat: all modern s17-
provementsi centrally located on sth s. NV.
rent SIS ". l. WILKERSON, 6sg F s.. nv.
Fest
THE RUSEIN. Zs20 Sherman ave Mt
Peasant, two fats left; new and first class.
5 rooms bath. steam heat and hot water
ilTn-shec. rent {50i moving expenses paid.
Telephone AAHOSEE, owner, Lincoln 1882
Tor further Information zee
FOR RENT-Fr0m February IL 1 ro5rls
bath and paat-y; % floor, THE HOrspE<
rs r 81. ne: hot water heat hot water al
all times: rent $3.50 Inquire 1925 50 ST. ne
-e5-5t
FIvE-ROOM nat. steam heated. 7s7 1-rh q.
NV business section. feaet
The Washington times., 1908-02-05

Mr.. and Mrs. Meyer Fellheimer havO
returned TO their home at Florence
Court after q delightful trip South.
The Washington times., 1908-02-05
FOR RENT-HALLS.

FIvE-ROOM nat. steam heated. 7s7 1.rh 9;
NV, business section f.7-7-
The Washington times., 1908-02-05

Mr.. and Mrs. Meyer NOrdlinger, OF .
street. entertained the West End
BTidEe-Whist Club at their home. last
evening.
The Washington times., 1908-02-05
DR.. FISK ELGIN

Expert n the treatment OF private diseases
chronic and acute. both sexes All cOasulta>
tfons confidential. Medicine furnished. Prices
nnudarafe l.5S Pa ave. NV. Phone ". lsI9.
The Washington times., 1908-02-05

Mrs. A RichoId. of New York, is
the guest Of Mr.. and Mrs /. Richold.
OF Eighteenth street.
The Washington times., 1908-02-05

Phone M 1874
The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1908-07-25
AUTOMOBILE
EXCURSION
THE VISITING YACHTSMEN AND
FRIENDS TO HALEIWA, WAHI-
AVA AND PEARL HARBOR.

Thirty-two yachtsmen and others
will be the guests of the Chamber Of
Commerce tomorrow on an automobile
trip around the island Promptly at
six O'Clock eight cars win start from
the mauka entrance of the Young Ho-
tel, the first stop being made at Hale
iva, tie party going by the way of the
Pail. Luncheon win be served at IL
O'Clock at the Hotel, after which the
party will proceed to Wahiawa, where
they will be given a chance to see the
pineapple lands and the canneries. A
short stop will be made, after which
the party will resume their journey
to Pearl Harbor Several launches
will take the party all over the lochs
and refreshments will be served dur
Ing the afternoon, the party returning
to town in time for dinner. The fol-
lowing gentlemen have kindly offered
the use of their cars to the Chamber of
Commences: Mr. Kennedy, two cars;
Mr.. Baird, one; John Waterhouse,
one; Alexander Young, one There
will be TIree other cars that have not
been decided on as yet.
The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1908-07-25

The Supreme Court handed down
a decision this morning, written by
Justice Ballou, in which the decree
of Judge Kepoikai, granting a per
manent injunction to Frank Robeilo
in his suit against the County of
Maui, is reversed. The case is one
in which Robello and others leased
land from the Territory, through
which a public road ran A verbal
understanding was made at the time
that this road should be closed when
new road nearby was opened.
No sooner did Robello and his as
sociates get on the land than they
INSTRUCTED the road with fences. The
Maui supervisors sent out gang or
men who cut down the distractions.
Robello then repaired the fences and
obtained an injunction from Kepoikai
restraining the County from any fur
ther interference.
The decision follows:
The plaintiff is the holder OF a
right of purchase lease of land des-
cribed therein as lot No. 6 on the
government map of the Omaopio lots
dated July 8, 1906, and is situated at
Omaopio Kula. District of Makawao,
Island of Maui, containing an area
of 51.5 acres and is classed as pas
toral-agricultural land The govern
ment map referred to shows a new
50' road" running along a portion of
the boundary of lot and an "old
road marked in dashes extending
through lot 6. There is some conflict
of testimony as to how much of the
old road thus described is now pass
able it being claimed on behalf Of
the plaintiff that it has been aban'
doned at one spot, at least by wheel
ed vehicles, on account of a washout
After several months occupation of
the lot, plaintiff, claiming that he
was obliged to fence under the terms
of his lease, fenced in the ends OF
the old road, at the same time clear
ing the cactus along a portion OF
the line of the new road" upon
which no construction work has been
done either by the Territory or by
the county. The defendant, acting
by its road supervisor, broke down
the fences which INSTRUCTED the old
road whereupon the plaintiff repair
ed them and obtained a permanent
injunction against any further inter
The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1908-07-25
TO SELL
RACER
TALK OF THE SEATTLE YACHT
GWENDOLYN II BEING BOUGHT
HERE.

The beautiful Seattle yacht Gwendo-
Iyn II, belonging to Johnson Brothers
of the city named and which came in
second in the San Pedro-Honolulu
race. is for sale, that is her people
will sell her if they can get what
they want for her.
What they want Is one thing, but
they say she is worth about $1,000.
There are several wealthy Honolulu
sports and also a bunch of Honolulu
men. not wealthy, but each willing to
chip in and make pot, who are con-
sidering taking over the Gwendolyn
IL they can get her for what they think
she ought to be sold.
The matter is not being much talked
OF abroad, the negotiations, hardly yet
definite. Transporting among the few
interested.
Honolulu would be some votes as a
yachting center with two such boats
as the Hawaii and the Gwendolyn No.
p.
There are wise ones on the water
front who say the Gwendolyn will win
the Hilo race If the Hawaii doesn I
get too much of the weather she likes
The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1908-07-25

ference. From the decree granting
this Injunction defendant appealed.
r. l.. Sec. $50 provides, "All public
highways once established shall con
tinue until abandoned by due process
of law The only statutory provi-
sions for closing highways are Sec.
of the County Act Is. l.. 1905, Act
39) and r. L. Chap. So, and no steps
have been taken under either sta
tute in the present instance. 1t is
beyond question that the commissions
er of public lands cannot by leasing
or selling land with no express re-
servation extinguish the easement Of
the public in a highway, nor is n
apparent that he assumed to do so
in the present instance. The plain
tiff took his lease with full know
ledge of the existing highway, not
only by reference thereto on the map
but by actual knowledge of colfd1-
tons on the ground; the misund5r-
standing, if any, being not as to ex-
listing conditions but as to what was
to be done in the future. The SUD
agent of public lands told the appli-
cants for these homestead leases
that until the new road was burt
the old road was to be left open,
from which the plaintiff may have
assumed that either the Territory
or the county would proceed in a
reasonable time to construct the new
road az shown nm the man. and that
the easement over the old road would
then be eXtinguished However this
may be and whatever may be the
reasons for the failure to construct
the proposed new road, the planttH
was not authorized to take the law
into his own hands and exclude the
public from a recognized and EXIT
ing highway. No injunction should
have been granted which restrained
the defendant from keeping open the
public highway If the destruction
of the fences was in excess of what
was requisite for this end he should
have been left to his remedy at law.
In view of the result We have
reached it is unnecessary to decide
the reserved question as to the liza.
bility of the county for costs, which
was based upon the assumption that
the county was the losing party.
The decree appealed from is re
versed.
J. M. Vivas for plaintiff D. H. Case
and w. F, Crockett for defendant. >