davidaulloa/AmericanStories huggingface dataset:
The White Pine news. [volume] (Ely, Nev.) 1906-1910, 1908-06-05
JUDGE Pixies
|NEL|C|B|LITY
Law Does not Permit his
Becoming Candidate
for Congress

The boom started by the friends of
Judge W. IL. A. Pike of Reno for the
Democratic nomination for congress
man from Nevada is put to sleep by
a statement made yesterday to the
News by the judge in the course of
which he said Il cannot legally
run for the Office and am therefore
positively not candidate.
MY friends have been very kind
in putting my name before the pub
lie" he continued, and | appreciate
the well wishes which without doubt
actuated them in taking the step but
holding a judicial Office as | do |
cannot be a candidate for any other
than judicial Office during my term.
This will not expire for two years.
IL is, therefore. absolutely certain
that | cannot run for congress.
In support of his statement of the
law. Judge Pike referred TO the con-
stitution of the state of Nevada
where. in section IL, paragraph 122.
it is stated that judges are inelligi-
bile TO accept any office TO which they
may be elected by the people during
their term as iudiciaries. other than
u like office.
As Judge Pike has figured promi-
nently of late in the press of the
state as an available man for the
congressional nomination. IL is TO
he presumed the general public was
unaware of the existence of the pro-
hibitory clause in the laws of the
state.
The White Pine news. [volume] (Ely, Nev.) 1906-1910, 1908-06-05
TRANSFERRING PROPERTY
TO FLETCHER INTERESTS
ronopah Man Getting busy in the
Muncy Ncighborhood.

Two estates which were brought up
for settlement at the session of dis
trict court yesterday gave news OF
work which is being carried on in the
Muncy neighhorhood and of property
sales pending there at present. The
estates were those of Moses Killam
and n C. Noe, deceased
The property of the Two. together
with that of Matt Bassett. admins
TRAITOR of the Killam estate. consists
of the Grand Deposit group of which
each owned a third interest. This
was recently bonded to c. l.. Fletcher
of Tonopah for approximately slS,-
900. Development work is at pres
ent being prosecuted.
The n. c. Noe estate, aside from
the interest in the Grand Deposit
carries with IT a one-half interest in
ground owned by Bassett and Noe.
This property has also been bonded
to Mr.. Fletcher IL Is understood, for
$4,000 Because of this the bond
of Calvin Clayson, administrator OF
the estate. who arranged the propos-
ed sale was fixed at the total amount
of the bond.
Messrs. Fletcher, Clayson and Bas-
sett were in town yesterday for the
purpose of attending to the legal
points connected with the estate
transactions They returned yester-
day afternoon to Muncy. Mr.. Flet-
cher, 1t is expected will shortly be-
gin construction of n road from the
Grand Deposit and other copper
properties In that vicinity to the
smelter at McGill. Surveys for this
The White Pine news. [volume] (Ely, Nev.) 1906-1910, 1908-06-05

A peculiar situation was faced yes
terday, when drawing of jurors IN
the trial of Miller and Whiteley vs..
Nc Donald Ely Copper Co. occurred.
Only II jurors were left of the
venire and one of these being i'll it
was found necessary to try the case
either with ten men or secure more
jurors. The former course was
adopted and the trial proceeded. Ac-
oording to agreement between the at
torneys on either side. agreement
reached by eight of the jury will be
sufficient
The contest. which In some re-
speets resembles that of the Alaska
Copper Co. VS. Nevada Consolidated,
tried at this term, is for ground sit
uated north of Ely. 1t is the allega-
tion of the plaintiif that the defend
ant company located the Pharoah and
Arctic claims on the hillside prior to
the Fannie Gillis, their location, but
through error did their work ON the
property of another man, George +.
Mezger. and not on their own ground.
Finding this to be the case, they al
lege the ground was located by them
and work properly done. The COM
pany is now seeking patent on the
ground. The case involves a mass
of mining law techniealities. The
plaintiffs are represented by b. W
Coleman, while c. S. Reeves is attor-
ney for the defendant
The following compose the jury as
empaneled yesterday: ID. p. BARLEY
S S Lindquist. Arthur Luchesi, II. o.
Hall. Orson Hudson. Harry Randall,
C. c. Smithson, Steve Baker, John
Ryan. G. w Robertson and II. w.
Fletcher. Mr.. Fletcher was excused
by the court on the plea of illness,
leaving ten jurors. all of whose
names were in the jury box. After
good deal of discussion it was agreed
that this number should try the case.
Frank Millard was the first Wit
ness put on the stand by the plaint-
if. His testimony was used for the
purpose of defining the lines of the
location of the ground in conflict.
He introduced a map showing the
lines of the disputed territory.
L. H. Harris established that
plaintiffs had done the necessary 10
cation work. He had gone to the
dHult hiliiS at tut ItuhtSl VI WI
Millard and had measured the loca-
tion shaft. He had found il to be
the required depth
George +. Mezger testified to OWL
ing several claims in the immediate
vicinity of the Fannie Gillis. He had
gone up with Harris to the ellis but
was not certain as to the depth of
the shaft He had not seen the tape
measure. He owned the ground ad
joining the Gillis and believing the
ground to be open had helped Arthur
Whiteley locate the Gillis claim. He
testified to the nature of the work
which had been done on his ground
by someone, presumably the McDon-
aid Ely Co.
A. II. Whiteley testified that he
had been informed by Mezger that the
ground he located as the Fannie Gil
lis was vacant by reason of the move
ment of their boundaries by the Me-
Donald Ely Co. For this reason he
had taken It. up. Meyger had assist
ed in doing this worh
Recorder Mcknight "-oduced rec
ord books. The plaiv.iT 'hen intro
duced in evidence the 'n""tion certi-
ficate for the Jeffere 'f~~f'tt No.
/. owned by Mezger 80 "H~ee. This
The White Pine news. [volume] (Ely, Nev.) 1906-1910, 1908-06-05
SHORT JURY WILL FIND IN
IMPORTANT MINING ACTION

is a portion of the territory alleged
to be covered by the Mcdonald Ely
location The following documents
were also entered as exhibits: The
original location notice of the Fannie
Gillis. the certificate of location for
the same property, amended location
notice for the same, proof of labor
for the year 1907 sworn to by Mez-
ger. All of these were allowed in
evidence under protest and eXcep-
tions OF defendant. following which
the hearing was adjourned until $50
at which time the case of Cupid VS.
Minnoletti was called but postponed
until today
The White Pine news. [volume] (Ely, Nev.) 1906-1910, 1908-06-05
WATER CASE
COMING UP
OsceOIa Contest Between
RancherS and Miners
Promises Hard FIGHT

The first step in what promises to
be a bitterly fought battle between
the ranchers and the mining inter
ests in possession of water rights of
the Osceola district, was taken yes
terday. when formal notice was filed
with the county recorder by the
ranchers upon James II. Marriott,
as representative of the mining in
terests involved.
The notice, which is strictly for
nal, gives Mr.. Marriott greeting as
representative of the Osceola Placer
Mining Co. and the Amalgamated
Nevada Mines & Power Co. He Is
forbidden, either personally or by
proxy. from prosecuting work which
would tend to divert the waters of
Weaver or Strawberry creeks, their
springs or tributaries, from their
natural courses. He is also notified
as the representative of the compa-
nies named to return to their beds
any water unnaturally diverted from
the natural channels of the streams
mentioned The water is claimed
for irrigation and domestic purposes.
W. T. Gregory and George S. Rob-
inson are the signers of the docu-
ment and representatives of the
ranchers in their battle for the wa
ter. They We're in Ely a short time
since for the purpose of consulting
with State Engineer Nicholas on the
subject of a hearing at which both
sides might be represented. Mr..
Nicholas agreed to this proposal, ask
ing the ranchmen and Mr.. Marriott
to fix date for the hearing and
send notice, to which he would re-
spond. and hear the evidence and
render opinion as to the ownership
of the water.
1t is the allegation of the ranchers
of the Osceola district that the COM
panies represented by Mr.. Marriott
have "hogged' all of the available
water and are holding it without put
/ ting it to any use. They declare
they are in need of it for irrigation,
which would render their ranches
valuable. but without which they are
mot productive.
In the event no agreement is
! reached at the hearing before the
state engineer it is probable that the
! legal battle indicated through the
steps taken yesterday will be start
ed by one side or the other. In any
event it is considered probable To-
I cally that the matter will finally get
into the courts.
The position of the mining COM
panies at that time will be that they
purchased the water rights now
claimed by the ranch interests, pay
ing all that was asked. The ranch
ers sold their rights with full un-
derstanding that they would be de-
priyed of use of the water and that
their lands would suffer accordingly.
The price paid them however. was
considered sufficient to cover future
losses. in other words. recompensa-
tion sufficient to justify retirement
of the lands The fine legal point
will probably develop through claims
made to right to the water in ques-
tion by people who have come in
since the original sale of rights and
located new lands which might be
benefited by the water 1t is be-
lieyed, however. that demonstration
by the mining companies that they
have not wilfully neglected use of
the water since the time of purchase
will enable them to readily retain
that which they bought and paid for
The White Pine news. [volume] (Ely, Nev.) 1906-1910, 1908-06-05
EXPECTED To
ADJOURN ON TUESDAY

, Business of the present term
, OF the district court has been
, advanced to such point that II
, was stated yesterday that final
} adjournment of the term would
be made on Tuesday next.
} II is possible that delays may
} come up which will occasion the
court remaining in session =.
day or two longer than an,
pated in yesterdays statemeh
, but the probabilities are that
, adjournment will come very
, close TO the time now I'm mind.
During the session an i'm
mense amount of business has
, been disposed of and at the rate
, of progress which has been held
, the number of cases put over to
, the next term will be compare
lively small
The White Pine news. [volume] (Ely, Nev.) 1906-1910, 1908-06-05
RENO WOMAN SUICIDE.
Mrs. Shad La Deux Sends Bullet Into
Head When Husband Doesn't
Return Home

RENO. June .-Despondent be-
cause of her husbands sudden disap-
pearanee. last Saturday. and believing
that he has been faithless and has de-
serted her. Mrs. Shad La Deux the
wife of prominent barber in this
city, early yesterday attempted to
take her own life by sending a bullet
into her brain. Her aim was bad,
however. or the bullet was too small,
at all aYents il was sweryed from its
course and lodged in her neck near
the roof of her mouth. She is now
lying at the Peoples hospital in
great agony and will probably die
The White Pine news. [volume] (Ely, Nev.) 1906-1910, 1908-06-05

THE COUNTRY.

Following a long search for a mur-
derer Sheriff Beartehue of Lincoln
county. Wis, was arrested at ST.
Paul paradng the streets in suit
of blue jeans and fiourishing a re-
yolver.
Unable to secure a cargo at Su-
perior, Wis. the new steamer Trues-
dale sailed for Buffalo in ballast,
probably the first occurrence of the
The White Pine news. [volume] (Ely, Nev.) 1906-1910, 1908-06-05

Second and Center streets this after
noon at O'Clock. The unfortunate
man was partially paralyzed as re-
suit of the accident. DR.. Ascher was
called and ordered DAILY taken to his
home The wagon was being driven
by Fred Nathan of the ]. r. Bradley
Co. Nathan claims the accident was
unavoidable The extent of Days
injuries will not he known for some
time
The White Pine news. [volume] (Ely, Nev.) 1906-1910, 1908-06-05

road were made last fall. when he
first acquired bond on the properties.
Close financial times which then came
on prevented his carrying out of
his plans as speedily as he expected.
Recently his arrangements have been
renewed along the original lines
The White Pine news. [volume] (Ely, Nev.) 1906-1910, 1908-06-05

When an automobile went over a
bank near Seattle with seven per-
sons, Mrs. Amanda Ottolenduy of
New York was killed and all the
rest were more or less injured.
The White Pine news. [volume] (Ely, Nev.) 1906-1910, 1908-06-05
MINING MAN BADLY HURT,

RENO. June 4.-John DAILY. min
ing man whose family resides in
Reno, was struck In the spine by the
shaft of wagon at the corner OF
The White Pine news. [volume] (Ely, Nev.) 1906-1910, 1908-06-05

Two Americans and an English
man were killed by bandits in a camp
of the Greene Copper Co, near Do
lores. Mexico
The White Pine news. [volume] (Ely, Nev.) 1906-1910, 1908-06-05
ESCAPES WITH TEN YEARS

4-AIauricc j. MekeIlgon,
field business who days
by
ary.
This is the minimum the administer where
is in he
aged preparing appeal q
The White Pine news. [volume] (Ely, Nev.) 1906-1910, 1908-06-05
TELEGRAPH BRIEFS.

". Warren Spence, a wealthy resi-
dent OF Springfield. Mass. died sud
denly on a train at Olive Hill, Ky
The White Pine news. [volume] (Ely, Nev.) 1906-1910, 1908-06-05
FATAL OVERDOSE OF POISON

A, June {.
ranch overdose OF
sycinnc, as "A smulant for his heart.
eating his dinner OF his heart
stable. where he kept small
to
of the drug n returned his ana
in his mother he seized
with conu lsions. He N terrible
. q Q o Q 0 Q o . o .
The White Pine news. [volume] (Ely, Nev.) 1906-1910, 1908-06-05

proffered increase in salary has
been refused by Rev. l.. Ward Bing-
ham, rector of All Souls Universalis
church, Flatbush, l.. |.
The White Pine news. [volume] (Ely, Nev.) 1906-1910, 1908-06-05

Biggest Copper Dis
trict of the Country
The Emmett index. [volume] (Emmett, Idaho) 1893-1925, 1908-07-16
Estray Notice

Notice is hereby given that on
the 18th day of August, 1908. al
10 o'clock 9. m. of said date, at the
ranch of Ted Budden, about FIVE
miles southwest of Emmett, Idaho,
| will sell to the highest bidder for
cash one bay horse about three
years old, branded "W' on the left
shoulder and left stifle with star in
the forehead, and will weigh about
1850 lbs. Said animal was taken
up at said ranch on or about the
10Th day of June, 1908. in herd dis
tfict No. 1 of the county of Canyon,
state of Idaho.
w. M. Ames.
Constable of North Emmett Pre-
cinct, County OF Canyon, State of
Idaho.
The Emmett index. [volume] (Emmett, Idaho) 1893-1925, 1908-07-16
ALIAS SUMMONS.

In the Justice court OF the north Emmett pre-
cinct. county of Canyon, state OF Idaho, befor,
.. NJ Stokesberry, justice OF the peace
j. McNish, Plaintiff, VS.. Z. J. Deane. De
.endant
The state OF idaho sends greeting TO E.
Oeane, defendant
You are hereby summoned 10 appear befors
ne al my Office In North Emmett Precinct. il
he county OF Canyon, state OF Idaho. on the I'll
.iag Of August, 1908, al 10 O'Clock a. m in al.
aclion brought against you by said plaintiff, l.
answer the complaint OF the above named plain
sl1 nied therein. said action is brought 10 re
cover from yon the sum OF si9-55 on first causs
u action, for goods. wares and merchandise
sold and delivered TO you by the plaintiff on ano
prior TO May 7th, 1906, and s3s % on a SECOND
cause of action, On an order of George Reed or
sou, given plaintiff. together with Interest OIL
Zach OF said sums. All OF which more fully APP
pears in plaintiffs complaint on hle, copy
II which is herewith served, hereby referred u
and the contents thereof are hereby made a par,
.. this summons. or judgement will be taken
against you for the sum OF 1915 and interest
together with costs OF suit, II you fail 10 appeai
and answer.
To the sheriff or any constable OF the SAID
county OF Canyon, greeting: Make legal service
and due return hereof.
Given under my hand this 18th day OF June.
1908 D. NJ SToKEsBERRY
Justice OF the Peace OF North Emmett Pre-
einct, Canyon county. Idaho.
Finley Monroe, Attorney for Plaintiff, resid-
snce, Emmett, Idaho.
The Emmett index. [volume] (Emmett, Idaho) 1893-1925, 1908-07-16
Notice for Publication.
Final Proof

I, Louis N. Roos, of Canyon
County. Idaho, who made entry
No. 20, under the provisions of al
act of the legislature of the State Of
Idaho, commonly known as the
"Carey Act, approved March End
1889, which embraces northeast 4
of section %, of township Z north,
of range 8 west. B. NJ. do hereby
give notice of my intention. to
make final proof to establish my
claim to the land above described,
and that l expect TO prove that
have resided on, reclaimed and
cultivated said land as required by
law, before Representative of State
Board of Land Commissioners, at
Emmett, Idaho, on 18th day of
1908 by two of the follow
ing witnesses
w. NJ. Wayman, Clyde c. Reg
nolds. A. I. Hankins, O. S. Tyler
all If Emmett, Canyon County,
Idaho.
Louis N. Roos. Entryman.
The Emmett index. [volume] (Emmett, Idaho) 1893-1925, 1908-07-16
Notice for Publication.

I. C. j Bullard, of Emmett, Idaho, assignee
OF Mrs Russel, who made entry No. 81. under
the provisions OF act OF the legislature of the
state OF Idaho, commonly known as the Carey
Act approved March 2Bd, 1889, which embraces
nell Of section IA, OF township I N, of range 3
w. B. M, do hereby give notice of my intention
TO make final PROOF TO establish my claim to the
land above described, and that ] expect 10 prove
that have resided on. reclaimed and cultivated
said land as required by law, before represen-
Idaho, on ] .ly "a, 1905 by two of the following
witnesses.
James Patton. August Thommen, Antoine
Tegethon, A. NJ. Schrecongost. all OF Emmett,
Idaho
]. c. BULLARD, Entryman
The Emmett index. [volume] (Emmett, Idaho) 1893-1925, 1908-07-16
ALIAS sUAlMoNS

In the Justice court OF North Emmett Pro
cinct. county OF Canyon, state Of Idaho.
J. W Cook, plaintiff, Va Eusune J. Deane
defendant
The state Of Idaho sends greeting to Euspn.
J. DeAne, Defendant
You are hereby snnEoued to1appear beSofs
ne ~ my once In North Emmett precinct
county Of Canyon, state OF Idaho, on the Ilsl
iag OF August, 1905, at 10 O'Clock = m Of saio
date, In an action brought against yoa By sait
plaintiff, 10 answer the complaint OF the abov.
named plaintiff Said action Is brought 70 rocov-
r from you the sum OF 80 90 for rcnt alleged u
DC due the said plaintin from you for certain
building situated In the town or Emmett Idaho
IN lots 10. II Aad II OF block 5, OF the origiua-
tOwnsite OF Emmett, according 10 the plat there
Of. for the months OF February, March and
April. 1905. which said Building was rented %
you from said plaintiff and that you agreed 70
pay therefor the sum as . bove stated but that
you failed, neglected and refused TO do so, and
that same is now due and owing: all OF which
more fully appears from plaintiffs complaint
Oh file In this action, hereby referred 70 and q
copy Of which is hereunto attached and served
upon you, or plaintin VIII apply 10 the conrt foi
against VOC for the sum OF 80 90 TO
gether with costs OF this action IL you fail 10 ap
pear and answer.
To the sheriff or any constable OF said county
greeting: Make legal service and due return
hereof.
Dated this 18th day OF June. 1908
d. NJ SToKEsBERY,
Justice OF the peace, said North Emmett
Precinct.
Geo F. Zimmerman. Attorney for the plain
III, residing at Emmett, Idaho
The Emmett index. [volume] (Emmett, Idaho) 1893-1925, 1908-07-16
ALIAS SUMMONS.

In the district court OF the third judicial dis
trict OF the state OF Idaho in and for the county
/ Of Boise.
Anthony s. Stewar. plaintiff, VS. Frank L.
| Lyon, Elizabeth A. Lyon his wife. James c.
| dollingshead and Henry A. Phillips, Defend
ants.
The people OF the state OF Idaho send greeting
10 the above named defendants.
You are hereby required to appear in an ac-
\ ton brought against you by the above named
plaintiff in the district court OF the Third judicial
district OF the state OF Idaho, in and for the
county OF Boise. to answer the complaint dled
| therein within twenty days exclusive OF the day
of seryicel after service on you of this summons
| il served within this district otherwise within
forty days The said action is brought to secure
a decree in this court for the foreclosure of a
certain mortgage, described in the complaint
and executed by said Frank L. Lyon. Elizabeth
A. Lyon and James C. Hollingshead, on the 10th
lay OF April, 1904. TO secure the payment OF a
certain promissory note made by them to the
American Mortgage company OF Scotland,
Limited, on the same day for $4,000, gold coin,
described in the complaint herein. and which.
by prepayment OF interest and taxes. has be-
come due, and alleging that part OF said note
has been paid aud which said note and mort
gage was duly assigned TO plaintiff toge her with
the money to grow due thereon. by said Ameri-
can Mortgage company OF Scotland Limited,
and which and principal sum Is due
with interest from January lsi 1905, at the rate
OF per cent per annum Also slsl- AZ paid for
taxes with interest at per cent per annnm from
April IL. 1905 Also go s5 paid for water as
sessments, with interest thereon from July slst.
lN1 at per cent per anDum, $4,000 attorneys
ed by said mortgage may be sold and the pro-
eeeds thereof applied to the payment of said
note, moneys expended. by plaintiff afore-
said. attorneys fees and costs Of suit For fur
Their particulars reference is hereby made 10 the
on file herein, and in case such pro-
ceeds are insufficient 10 pay the same. then 10
obtain an execution against said Frank L. Lyon
and James c. Hollingshead, defendants, for the
balance remaining due. and also that the said
defendants, aud all OF them. and all persons
claiming by, through, under them or
either of them. may be barred and
foreclosed of all right. title, claim, lien equity
1f redemption. and interest in and TO said mort
gagged premises, and for other and further re-
lief
You are hereby notiffied that IL you fail to ap-
pear and answer said complaint as above re-
luired, the plaintiff viii take Judgment of default
against you and apply TO the court for the relief
in the complaint,
Given under my hand and the seal of the dis
riot court OF the Third Judicial district of the
tate of Idaho, In and for the county OF Boise,
his 10Th dag OF June, 1905
L. X. DUKES Clerk.
Finley Monroe, Attorney Tor Plaintiff, resid-
nce Emmett, Idaho lsEAL
The Emmett index. [volume] (Emmett, Idaho) 1893-1925, 1908-07-16
Notice for Publication.
Final proof

1, Joseph L. Jolley, Jr., OF Emmett. Idaho, as
signee OF Walter H. Graves, who made entry
No. Is, under the provisions OF an act of the leg
islature OF the state Of Idaho, commonly known
as the Carey Act. approved March 2 1889, which
embraces the sell neZ OF section 81, township Z
n, OF range w, do hereby give notice of my
intention TO make final proof 10 establish my
claim to the land above described, and that
expect to prove that have resided on. reclaimed
and cultivated said land as required by law,
before q representative of the state Board OF
Land Commissioners, at Emmett, Idaho on
the 18th day Of August. 1908, by two OF the fol-
lowing witnesses:
Mervin L. hawthorn. John Burgher, Thomas
A. Gordon. Andrew Nelson. ali OF Emmett
Idaho.
Joseph L. Jolley, Jr, Entryman