davidaulloa/AmericanStories huggingface dataset:
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1909-03-24
JIMMY M'GOVERH FRISKS
THE TRAINING QUARTERS

James, or rather. Jimmy" McGOveTn,
with aspirations and a desire to emulate
the prowess of another member of the
family, had real bout yesterday. His
gameness is shown in the fact that he was
not only willing to take on another fight
er, young" Knight of Murray, but the
police department of Salt Lake as well,
and at the same time
Although 1t is not the desire to cast any
discredit on either Young Knight OF the
department, yet it must be said that even
IN the first round Of the go, they took no
chances on McGoverns filchinS of the
gloves. Jimmy, it seems. has been acting
in the capacity of trainer for Young
Knight at Murray. Monday night knight
discovered that the gymnasium had been
broken into and that a pair of boxing
gloves, a sweater and other articles had
been stolen. McGoveTn was gone, too, and
that aroused suspicion.
The matter was reported to the police
yesterday, and then Knight. with COM
panion, went out and found McGovern,
and brought him to the station. Unfor-
tunately for McGovern, he was wearing
at the time the stolen sweater, and later
the gloves were found. The matter of
the gloves brought Ben Jones into trou-
bic, because he had participated in sell
ing them to a saloonkeeper in GreektOwn.
McGOvern and Jones are both Oidtimers
in the city jail, Jones being regarded as
an especially hood barn man. while Nc
Govern has on several occasions satisfac
torily filled the position of a trUsty handy
man.
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1909-03-24
PROBATE AND GUARDIANSHIP
NOTICES,

Consult county clerk or the respective
signers for further information.)
IN THE NATTER OF THE ESTATE
and Guardianship Of Mary A, John W.
Oliver T. and Archibald II Burton. Mi
nors-Notice. The undersigned will sell at
private sale the following real estate, sit
uated in Utah county, state Of Utah. and
described as follows. tO-Wit: CommsnC-
ing IS 1-3 rods east of the southwest cor
ner Of section %. township 7 south, range
east, Salt Lake meridian; thence east
106 % rods, north go rods, west los %
rods, south go rods to place OF begin
ming; together with p shares Of water
stock belonging thereto. On or after April
3 1893. and written bids will be received
at 23f Atlas block. Salt Lake City. Utah:
terms OF sale being One-third cash down.
the remaining two-thirds to be paid with
in one year from the date Of the sale and
to draw interest at the rate Of per cent
per annum.
MARY +. BURTON.
Guardian OF the Estates of Said Minors.
Daniel Harrington, Attorney for Guar
dian
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1909-03-24

had survives and may be prosecuted by
his heirs or personal representatives
Hence the question: Did a cause of ac-
ton arise in favor of Dillon prior to
his death? Death having been instan-
taneous, the opinion holds that no
cause existed with or survived Dillon,
and declared that all survival statutes,
in which category the fellow servant
act of 1905 is placed, so-cailed, presup-
pose that deceased had at one time a
right of action for damages"
Hence the opinion that there was not
any survival of right of action, and
the dismissal thereof.
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1909-03-24
CASE OF FLEMING
PUZZLE TO DOCTORS
AND THE OFFICERS
Man Who Is Speeches. and at Times Acts Queey Taken to
Los Angeles in Custody of Detective = Condition
May Be Due to the Altitude.

Charles r. Flemming, who for the
not only to the Salt Lake police, but
also to half a dozen physicians as well.
was taken to Los Angeles last night
under the care of Detective Chase. Mr..
Chase's duty is to see that Fiemming
is safely given into the care of MS
relatives in Los Angeles.
Incidents in the strange story of
Fleming have been related in the col
unns of The Herald-hOw he was first
found in the First Presbyterian church
in dazed, speechelss condition, then
taken to the hospital. released only to
be again found wandering about in the
temple grounds. and cared for until he
left the city on his way eastward &c
Kansas City. When he left Salt Lake
he appeared rational enough, but appear
ances seemed to be at fault, for, on
Sunday, information came from Provo
that he had been detained there. and IL
was then learned that he had taken
the wrong train, and was evidently
suffering from a recurrence of his
strange malady.
When this was learned Chief of Po-
lice Barlow, who had been in tele-
graphic communication with Flem-
ming's sister in Los Angeles, tele-
graphed again the details of F1em-
ming's detention in Provo, and received
an immediate answer requesting that
the unfortunate man be returned TO Los
Angeles in the care of a keeper
Fleming was brought back 10 salt
Lake from Provo yesterday by De
tective Wilson, and left last night, IN
der the care of Detective Chase for Los
Angeles.
Case is PuZzling.
During his stay here yesterday after
noon the case of Fiemming was Just
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1909-03-24
INSTANT DEATH
KILLS ACTION
Opinion of Montana Supreme
Court in Personal In
jury Suit.
CASE ORDERED DISMISSED
HEIRS HAVE NO RECOURSE UN-
DER FELLOW SERVANT LAW.

Helena, Mont, March 23-The su-
preme court today rendered an opinion
of far-reaching Importance in personal
injury suits-in fact, the most impor-
tant of this character ever emanating
from the Montana bench.
The title of the suit is that of Wini-
fred Dillon and others against the
Great Northern Railway company, and
involves the right of heirs to institute
damage proceedings where the person
involved suffered instant death. 1t
originated in Flathead county. In the
lower court the plaintiffs were awarded
damages, but this finding is reversed
and the cause remanded with instruc-
tons to dismiss on the broad ground
that if the injured party died before
bringing the action, the cause of action
literally died with him, Although this
common law rule has been modified, the
opinion states that such a statute does
not create a new cause of action, but
only carries forward the right which
the injured party had before his death.
Brought Under Fellow Servant Law.
The suit was prosecuted under the
provisions of the fellow servant law,
Dillon having been employed in an Off
cial capacity by the carrier. The opin-
ion holds that this act does not intend
to create a new cause of action. and
that the suit was instituted to recover
damages which resulted to DilIon's es-
tate as a consequence of his death, and
that the question is: Does the agreed
statement of facts concerning his death
show a cause of action in favor of Dill
lon which survived his death?
The statement shows that death was
instantaneous, and that he did not sur
vive for a second of time after the ac-
cident. Continuing, the opinion says:
Action Died With Him.
IF a cause of action arose in favor
of the injured employe prior to his
death, the right of action which he thus
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1909-03-24
SAcREDLY SET APART.

Olympia and the adjacent SUBMITS Of the
Olympic mountain in Washington are to
be set aside as a national monument for
the protection and preservation of the
Olympic elk, otherwise known as "Cervus
ROOSEVELT" according to proclamation
issued by President Roosevelt before he
left office. The territory is within the
Olympic national forest and embraces OBJ
1ects of unusual scientific interest. and is
in a region which from time immemoriaI
has formed the summer range and breed
ing grounds of the Olympic elk, a species
peculiar to the mountains and rapidly de-
crea sing in number.
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1909-03-24
KILLED BY BLOW OF FIST.

Higginsville. Mo March 81 r. Nc
Cormick, s. years of age, a veteran of the
Mexican and civil wars, died at the con-
federate home here yesterday as the re-
suit of a fist blow dealt by jim Cum
mings. Cummings was a follower of the
noted train and bank rObber, the James
ard Younger boys in the days of their
maraudings In a fight Cummings struck
the blow that caused McCOrmiek's death.
A coroner's jury returned verdict that
Mccormick came to his death from a blow
delivered by Cummings, but as McCor-
mick was the aggressOT, Cummings was
held blameleSS.
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1909-03-24
WRECK IN ARIZONA.

Los Angeles, March 23.-The Sunset Ex-
press from New Orleans. due in Los An
geles on the Southern Pacific at las this
afternoon. was wrecked near Bertram.
thirty miles west Of Yuma early this
morning Three caTs-two Pullmans and
and observatiOn-were thrown from the
track, but it is reported that neither pas
sengers nor tranmen were injured. Ow-
ing to heavy traffic the train was run
ming in two sections and it was the first
section that was derailed. A defective
rail is supposed to have caused the acct
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1909-03-24
TAKEN BACK FOR TRIAL.

Dayton. o.. March George A. Beatty,
under arrest here for the robbery of the
First National bank Of Monrovia, Cal.
will start for Los Angeles this evening in
custody Of Sheriff Hammei and Detective
Walker. Governor Harmon yesterday
signed the warrant on presentation of a
requisitiOn from Governor Gillette of Cali
fornia- Proceedings had been commenced
in court here. but this morning Beatty de
cded to abandon his fight. The party will
arrive in Chicago Wednesday morning and
remain there until 5:15 p. m. when they
will take the Santa Fe limited for Los An
geles. The woman arrested with Beatty
Will also be taken back.
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1909-03-24
FRATERNAL BROTHERS.

Los Angeles. March 23.-The Order Of
Fraternal Brothers met in national con-
vention here today and was called to or
der bv Supreme President A. J. Foshsy
Forty-one delegates were present, repre-
senting membership of more than 10000
in fifteen states. The state managers held
a separate convention and selected J. A
O'Mailey as president The two bodies
Will consider numerous amendments to the
constitution
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1909-03-24
FOB SUMMER HOME.

NewbuTyport Mass, March 23.-Mrs
Katherine Tingley of Point Iona. Cal
has concluded arrangements for the ptlr-
chase Of = large house in the residence
section. The property is assessed for
s2se eco. IL had been reported that Mrs.
Tinglsy would establish theosophical
colony here, but this was denied. The es-
tate is not sufficiently large for a col
ony. and will be used only as Mrs.
Tiugiey's summer home. Newburyport
was the birthplace of Mrs. Tinglev.
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1909-03-24
RETURNED TO WORK.

Paris, March. 23.-At a mass meeting of
six thousand government telegraph and
postoffice employees it was voted by ar
overwhelming majority TO resume work
Only about 200 of the men voted to CON
tinue the strike.
The strike committee telegrapbed broad
cast to it's adherents in the provinces the
decision of the striking employees to re-
turn to work. This afternoon. after a
parade. the strikers in Paris returned to
their posts. The military will be with
drawn tonight.
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1909-03-24
Notice to Creditors,

ESTATE OF THOMAS GEORGE ROB
erts. deceased. Creditors viii present
claims with vouchers to tine undersigned
at S09-311 AueTbach building, salt Lake
City, Utah, on or before the 9th day Of
July, A. d. 1909.
THOMAS GEORGE ROBERTS. JR.
Administrator of the estate of Thomas
George Roberts. deceased.
Frank ]. Gustin. Attorney.
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1909-03-24
No One Expects Il,

without the use of Sexine Pills a
weak or rundown person cannot ex-
pect TO become thoroughly strong. Sex
Inc Pills are the strongest and surest
tonic in the world. The price is 81 a
box. six boxes s., with full guarantee
Address OF call F. j. Hill Drug Co.,
The Never Substitutors." corner Sec
ond South and West Temple streets.
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1909-03-24
STRIKE NOT PROBABLE.

Scranton. Pa. March 23-With the del
egates TO the tri-district convention of the
anthracite mine workers ready 10 take
I'D the question of a new agreement with
their employers. the impression grows
that the miners will not call strike. The
convention held its first sessions today.
National President T l. Lewis appealed
10 the men to stand together.
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1909-03-24
Notice Of Stockholders, MsstIna.

NOTICE IS HEREBY GIVEN THAT
the annual meeting Of the stockholders
Of the salt Lake City Improvement com
many viii BE held at the office Of the com
pany at No 81 East LIST South street. IN
Salt Lake City, Utah, on Tuesday, the
18th day of April, 1909, between o'clock
a. m. and o'clock p m of said date
for the election Of directors for the en-
suing year and for the transaction OF such
other business as may be brought before
the meeting /. L. GODDARD,
Secretary.
Dated March 10 1902
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1909-03-24
The Harmony
OF Home
Does Not Mingle With OF Emanate
from the Table of Dyspepsia,

In the home, meal time should awaken
IN all the inhabitants a peculiar haT-
mony of JOY which will make for the
home the abiding place of interest and
happiness.
If one member at the dinner table is
out Of sorts, his influence is felt and the
LsFrnony IS lacking. Conversation and
ptnirth are absent. Devouring thoughts
sssail the diners and silence prevails
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1909-03-24

ana IN ACCORDANCE with law and q n or
18th day Of February, 1909. so many
shares of each parcel of said stock as
may be necessary will be sold at the Of
flee Of the company, Room 400, Hooper
building, Salt Lake City, Utah, on the
LIST day of April. 1909, at o'clock p. m, to
pay the delinquent assessment thereon to-
gether with cost OF advertising and eX-
penss Of sale. r. NJ. WILKINSON,
Secretary.
Salt Lake City. Utah. March IS. 1893.
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1909-03-24
LEGALLY DIVORCED.

New York, March 23.-In a referees re-
port, filed today. the finding is made that
William Guggenheim. well known as a
capitalist and business man, was legally
divorced in Illinois in January. 1901. The
finding is the result of a suit brought by
Mr.g Guggenheim's former wife. Grace
Brown, whom he married in November.
1860. The testimony adduced before the
referee showed that after Mr.. Guggen-
helm secured his divorce in Illinois, he
gave the woman $4,000 in case she exc
cuted a general release of all elaine she
bod on him
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1909-03-24
BIG BOND ISSUE.

Philadelphia, March 23.-At the ad-
journed session of the annual meeting of
the Pennsylvania railroad held today. the
resolution empowering the board of direc-
tors. in its discretion. to increase the
bonded Indebtedness of the company to
the extent of SO.OOO. 900 was ratified.
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1909-03-24

Understanding every word that was
said to him. although he had a dazed
look at times. yet he could not utter n
syllable. The one new feature to his
case was presented by himself.
Through signs he gave the explanation
of his condition being due to the altI-
tude. As the deaf and dumb would
| talk, he told Of having pains in his
chest and lungs. and then with a down.
ward movement of the hand and the
gaze in the eve he indicated that he
would be all right when he crossed the
mountains.
Chief Barlow happened to meet Elem
ming and Detective Wilson on the
street as the couple were coming from
the depot to the police station. Flem-
ming recognized the chief Immediately
md showed his pleasure in the bobbins
If the head and with a hearty hand
shake. That he was entirely rational
and understood all that was being sail
was indicated in the affirmative ana
negative shake of the head IN response
to questions.
At the chiefs suggestion, FIemming
was taken to a clothing store, where
new linen was secured, and then F1em-
ming went back TO the station, occu-
plying the chiefs toilet room to make the
change himself. He appreciated the
suggestion of shave in his smile, ana
was taken TO the barber shop, and then.
after lunch in a restaurant, he ex-
pressed his desire to return to the sta
ton. There he lay down on the couch
I'm Chief BaTlOw's private Office and
slept two or three hours.
Cheerful, but Suffering.
When he awakened he greeted
Herald reporter with CHEEKY smile, in
response to the salutation. How are
you?" but Immediately expressed his
own complaint by shaking his head and
drawing his hand across his chest, tell
ing that he suffered there. He also ex-
pressed his pleasure at the prospect of
going back to Los Angeles.
His nationality was more forcibly ex-
pressed when Chief Barlow introduced
Detective Chase as the one who would
accompany Fleming Flemming, with
a considerable show of warmth, era sped
the hand of Mr.. Chase, and then start
ed into the main office. reckoning Mr..
Chase to follow him. Flemming went
directly to the desk, and on a tablet
wrote down:
What road ,"
This he handed with an inquIring
look to Mr.. Chase, who replied. The
Salt Lake Route. Isn't that the best2'
Trimmings answer to the spoken
words was a smile and nodding of the
head.
It is the belief of many that Flem-
ming will return to his normal condi-
ton and recover his speech as soon as
he returns to the lower altitude
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1909-03-24
DIRECT PRIMARY LAW.

Carson. New. March 23.-The governor
signed the direct primary law today. 1t
is modelled after that of California and
Oregon and will be given its first test in
municipal and school elections this spring
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1909-03-24
Dissolution of Law Partnershiu,

SALT LAKE CITY. UTAH. MARCH Ia.
1893. The law partnership heretofore ex-
listing between NJ. NJ. Kaighn AM r. B.
Thurman, under the firm name Ati style
of Kaighn & Thurman, is this day dis
solved by mutual consent.
NJ. NJ. KAIGHN.
r B. THURMAN
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1909-03-24
DIED

st. Marks hospital. March
%, 1893. Mrs Caroline Briggs, widow OF
the late James Briggs OF 1871 South
Ninth East street, aged So years. Mrs.
Briggs was d native Of England, having
smigrated TO Utah in 1852. crossing the
plains with the handcarts. She is sur
vived by nine children.
Funeral announcement later
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1909-03-24
DECLINES 10 ACT.

Buenos Ayres. March 23.-Dr. Luis NJ.
Drago has declined the request of the
Venezuelan government that he act as
arbitrator in the discussion pending be-
tween the United States and Venezuela.
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1909-03-24
Delinquent Notice.

MELCHER MINING & MILLING
company. Principal place of business
Salt Lake City, Utah. Notice: There are
delinquent upon the following described
stock on account of assessment No. II.
levied on the 18th day of February, 1900.
the amount set opposite the name Of the
stockholdeT, as follows:
No. of
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1909-03-24
LIQUOR BILL KILLED.

st. Paul. March Z3,-In the house today
the bill prohibiting the manufacture or
sale of intoxicating liquors was killed. The
anti-treating bill also was killed.
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1909-03-24
STILL LACKS VOTES.

Springfield. Ills. March 23-There was
no material change in the vote here today
for a United States senator.
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1909-03-24

A private safe may be rented I'm the
fire and burglar proof vault of the Salt
Lake Security e Trust Co, 1924 Main
street, $500 per year and upwards.
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1909-03-24

A private safe may be rented in the
fire and burglar proof vault of the Salt
Lake Security & Trust Co., 1924 Main
street. 500 per year and upwards.
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1909-03-24
PACIFIC CLUB BURNED OUT

Victoria, B. c.. March ga two-story
block owned by F. b. Pemberton fronting
on the three streets, and the entire upper
floor. containing the luxuriOusly furnished
Pacific club, was destroyed by fire to-
day. The loss is between S150.000 and
500, 900, mostly covered by insurance
The cause of the fire is unknown.
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1909-03-24

A private safe may be rented i'm the
fire and burglar proof vault of the Salt
Lake Security & Trust Co., 1924 Main
street. $500 per year and upwards.
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1909-03-24

A private safe may be rented in the
fire and burglar proof vault of the Salt
Lake Security & Trust Co. 1924 Main
street, $500 per year and upwards.
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1909-03-24
HOTEL DESTROYED BY FIRE

Cornwall Ont. March 23.-The Windsor
hotel here was destroyed by fire early
today. One man was burned to death.
three are missing. and two badly injured.
The damage amounts to $4,000.
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1909-03-24
Case is PuzzIing.

During his stay here yesterday after
noon the case of Fiemming was Just
as puzzling. even more so, than before.
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1909-03-24
Action Died With Him.

IF cause of action arose in favor
of the injured employe prior to his
death, the right of action which he thus
The Detroit times., 1909-12-03
Detroit's Only Real
Santa Claus HEADQUARTERS

Never n question
such n complete and
every conceivable kin
and Doll. In such
Quantities. In such
values Two entire
floors square
feet OF floor space
given over - goods
10 make the young D.
ters n "a p p ~ To
miss the Hevn's Ba p
Zaar Toy Dept is 20
miss the holiday op -
pOrtuuity OF a life o.
time. Already the
immense crowds pre-
age for us another
record brea king hoI
idav business Please.
please DO your
Christmas shopping
as early 40 you can.
and come In the
morning II ~ IL al
all possible. a. wa
want 10 take the best
care OF you at all
times Come and see
Us saturday
The Detroit times., 1909-12-03

thar its, existence would tend 10 re-
tard the investment OF capital where
any industry is under examination
But we must have some way OF get
ting al the facts and | believe that
the country is ready for the commits
sion plan
The main objection 10 the la Fol
lettc commission idea Is that he
wants an executive commission
Tariff making is the business OF con
gress, not OF the president In fact
| think II is the business ~ the House
but the senate would never pass a
bill that did not give II a share in
the makeup OF the commission Now,
under my plan the minority OF both
houses would be represented and we
could have men who would give their
whole time and attention TO investi-
eating industries both here and
abroad. would have economists
who could get az the facts | would
give them the salaries OF congressman
and stipulate that they shall not be
members 81 either house OF congress
or employed by the government in
any other capacity"