davidaulloa/AmericanStories huggingface dataset:
Frostburg mining journal. [volume] (Frostburg, Md.) 1871-1913, 1909-05-08

the Improvement, or only to a small
amount, as compared with the $4,l41 II,
the serious question is whether that
would result III casting the additional
burden on the adjoining property own
er, neither all the cost of the improve
luent, after dcducting what has been
paid and what the city was to pay, Is to
he thrown upon the adjoining proper
ties That would be a great hardship
and would seem to be very unjust, but
the question the Court has to determine
is what does this Act require:
| do not want to be understood as in
dIcatlng any definite opinion on the sub
ject-cither AS to whether the ASSESS
ment is III fact greater than the special
benefits to the railway company, as |
do not know what the proof as to that
will be, or whether, If 1t is shown that
it has not been specially benefited to
the amount assessed against 1t, and that
it has not paid for The street, the amount
of the reduction would have to be
charged against the other properties,
but they are questions which must be
considered under the peculiar language
of this statute. Generally, if a railway
company is required by law or contract
to re-pave between its tracks and two
feet on each side, the amount of the
cost is not collected rs assessments for
street assessments usually are but by an
ordinary action or possibly by maHdamuS,
but this Act, as we have seen, places it
in the same category AS the adjoining
properties and hence the above question
requires consideration.
>, But assuming that we can legally
exclude the amount the railway com
held liable, or noU in apportiouing the
amount to be paid by the adjoining
property-ownerS the question sill re-
mains whether the Commissioners have
made the apportionment as required by
the Act of 1908 1t is not simply
whether each property has been special
ly benefited as much as the assessment
against It, but, if some have ICen more
benefit ed han others, whether the as
;, sSments do not lave 20 Lr made in
proportion to the benefit that each has
respectively received And If Il lot has
not been benefited as much as has been
assessed against it the question is
whether the difference does not have to
be charged to such of the others. if any,
as have been bcurf ted more than the
assessments against them?
| know that il was decided in Fried
enwald'S case, II Md, i6, that each
assessment must stand OnitS own merits,
but regardless of the question whether
that would apply to assessments under
an Act of this kind, it would seem that
the proper way to raise the validity of
the method of assessments is by mo-
ton to quaoh the proceedings of the
Commissioners Pages case, "a Md.
Frostburg mining journal. [volume] (Frostburg, Md.) 1871-1913, 1909-05-08

The three Italians, each sporting an
diiaS or two, who sent qlack-
letter to Louis Arnone, were found
guilty and will go to the penitentiary,
alias pen.
Frostburg mining journal. [volume] (Frostburg, Md.) 1871-1913, 1909-05-08
Special Notices.
'----- ---l--~
NOTICE
Applications for Retail Liquor License

WHEREAS, The following named per
w sons have, in compliance with Chapter
10 of the Acts of the General Assembly of
Maryland for the year 1894, as amended by
Chapter 40 of the Acts of 1902 being Article
|, and as amended by the Acts of 1904 and
of the Acts of 1908, Public Local Laws of
Allegany county, filed with the Clerk of the
Circuit Court for Allegany county their APP
plicationS for License to sell SpirituOus and
Fermented Liquors at their places of business
in Allegany county as below stated
Notice is Hereby Given, That all re-
monstrances against the issuance of License
to said Applicants must be filed with the I'M
derSigned oithh ten days after filing the APP
plication, the first being filed on Thursday,
April -, 1909:
FrOStburS
JONI W. SHEA, | West Union street; resi-
dence-Frostburg owner of premises
John w. Shea.
J. w. YOUNG, Clerk.
Frostburg mining journal. [volume] (Frostburg, Md.) 1871-1913, 1909-05-08
TOWN AND VICINITY.
Town Council.

low"
OLD
The regular meeting for May was held
Monday evening. with Mayor J. w.
Shea and all members present
As tins was the last meeting of the
wear, it was largely attended by citizens.
The repOrt of Treasurer j. w. Evans
showed a deficiency in the corporate
fund. of So 1S3 %, and cash balance of
Sl.S1S.S 81 in the water account, net
balance in the treasury of 3lG9lS1.
Bailiff Frank Spates collected SO fines
Street supervisor +, II Bradley re-
portpd cost of work done in his depart
incnt for balance of mOnth-S23.OJ
Water superintendent Alfred Jetfrles
reported having connected the proper
ties of d. j. Bctz, Union street, and
Jacob Knoll, McCulloh street, with the
town system; cost of labor for month
S1.SS, pumping 81 30, and II feet OF
water in large reservoir.
The annual report of Town Clerk j..
S. Metzger, was read. 1t is an elaborate
document, detailing all the business con
Quoted by the town for the municipal
year 1863
The reading of this report concluded
the business of the old Council, and,
after a motion to have it published in the
MINING Journal. and 100 copies printed
in pamphlet form, Council adjourned
sine die
NEW
NIovor.nInrt Holm I Price tool, TN.
chair called Connri1 to order and nd
,,,i,,i.tnrnI tina oath If office tn Nnssrs
Rnni,n,ir Jrnl,iu. + Conrad Yungrr-
NAM and WiIiia,n G Cirif1ith Council
n,"m.nIrrt These ,,nutlrmnn were as
stoned to their rnsnrrtlva seats
p Tiddv was chosen taurorarv
clerk
Npssrs Ynnaerman and Griffith We're
annointnd tnllrrs and C,uuriI nrorredrd
tn nInrt officers
/ S Mrtzppr only nominee for clerk
was declared elected by cast of vote 10y
Mr.. Tiddy. Mr.. Netzrpr was then
s,,.,,,, in and ar n,,,o ,,5t.rod u,,,, his
d',tian
- u ,;....,. .l.....
oi,rht aTnIinantS t1omrv Eis.hnr Inbn
r. 7 a,riS Tnbr q Tor,tn,an Itbam
po,rnI1 I,bu II PartnIHm n,,,iaI =
N;IIo,. ond Ta,,oeT Dn,n NJ. Eiscbn,,
rannivn d. + D"tnS and wa. n,ortni
NJ otbar contests
Tha ,,a,,, rostor.
Iy11 g ,,s..
'1,"m1, .: ~ NI'" ST
-'''l'' reg ~ IL L,I'''ll'
Frostburg mining journal. [volume] (Frostburg, Md.) 1871-1913, 1909-05-08

Assuming that it has not paid for the
street, and |, of course, express no
opinion on that subject, as the case has
not been heard, the Mayor, etc, of
Frostburg would, in order to recover
that sum from the Railway Company,
under this Act of 1908, be required to
show that it has been so specially bene-
fitted by the improvement. If the town
failed to show that it had not been bene-
fitted So, l64 81 by the paving between
the tracks and two feet on each side or
1892 %, the cost of lowering the track,
theit' there must under this Act be IA re
'duction to the amount that it is shown
to he so specially benefited. If it has
not been specially benefited at all by
Frostburg mining journal. [volume] (Frostburg, Md.) 1871-1913, 1909-05-08

-, - ,,,,, -, no., q fr1I history nf
H. ,,>,,;,,l,s ,,'I;ch bayojnd M, tn
P,,,,,,.,i. ,ba,, ava ,,,aIl Known to
~, ,rtio. ,.n,,rarn,d It sufficient to
, ttt,,,t ~, ,,,,,,ss,,,,,,t made inst after
~ stroat wa. innrovcd were declared
;,,,.aIid -. III. CONT and as there was
No ,,,ool tol,au from that decision TO
H., En,,rt af Arroa1. if finally settled
tt,,+ ,,Tast,or won if thern cnnld have
t,no, INV, rns.iIln donbt ahout if
ri" Nrt If zoos Chantpr 469 was
,,,ls,d =, oroLlo the mnnicinalitv TO re.
rn,,,, thn .mnnrt exnended bv if in the
,n,,rovnmnnt which had been charged
nm f. tbn rpsDrctive properties binding
nn rho street and to The Railway Com
,,a,,y I hoard the anneals taken nv the
Nissrs Hnrl[iug G. Dud Hooking and
I,,nas Eu,,In and if was understood that
/ was tn announce such conclusions as |
r.,rb.d hnfnrn tal,ing mn the other cases.
IN So far as any General rules applicable
tn an or several classes could be adopted.
Although | amOf the opinion that lean
NOT now pr0perlv pass orders i'll these
,,,.,. VII tt,tG INV views ON some of
49, 49, - = " ''a
'Lt i"'S'l"iH' ,ooo
!, III my JuuSiiIeii' 'iie -A't VI iIo3'
Chapter 4b9, Is Cohstltutlohal ana Vallu.
The similarity between 1t and the ACT OF
1892. Chapter PSI which was sustained
nv the Court Of Appeals IL the case of
N,vor .tc of Ralfiuorn RS Irlman -
Md, 469 is 50 striking that | can see no
room TO question Its validity. That case
was appealed to the Supreme Court of
the United States. and there affirmed,
100. us 10. The City of Baltimore
had Graded, paved and curbed part of
Nnr,h aypnur and the assessments
Frostburg mining journal. [volume] (Frostburg, Md.) 1871-1913, 1909-05-08
Notice of Applications for Saloon License


w the Acts OF General
Chapter
the ActsofE
for
Liquors a
Notice Hereby a
filed the
frs threeb eing on
Frost ur9
Names Of Business dcnn 81
BURNS W. Fostburs John Iugney
following Arpluat was ed o
On Ionacon ling RoC
w.
Omaha daily bee., 1909-12-25
Council Bluffs
CITY NOT PARTY LIABLE
Infringements of Bridge Patents Hit
the Contractor.
OPINION BY CITY SOLICITOR
IndinnapoIIs Firm Claims Damages
Because Of Type Of Structure
Put Up over Indian
Creek

City Solicitor Kimbal,, to whom was re-
ferred the claim Of the National Bridge
company Of Indianapolis, Ind, for alleged
infringement Of its patents in the con-
struction of the bridges over Indian creek
at Bryant street and Benton street, gave
his opinion yesterday that the city was not
liable and that the contractors, II anybody,
were responsible.
1.-THE city cannot be held liable for any
arrangements that may have been made
on the patents Of any firm in the construc
ton Of bridges. The contractors assume
al, liability in this matter when they take
the contracts, and they give the city a
bond to insure the fulfillment OF the con-
tract and safeguard the city against claim
for damages" said Mr.. Kimball
The National Bridge company claims that
in the construction OF the two bridges some
fifty Of their patents have been infrtnged
and in a Communication to the city coun-
ell wanted to know when It could look for
a settlement from Contractors Wickham
and Saguin. The National Bridge company
says It wants its royalties for use Of its
patents. II the Indianapolis firm has any
valid claim 1t will have to look to Wickham
and Saguin, as the city solicitor will advise
the council that the city is not liable.
Omaha daily bee., 1909-12-25
LIVELY DEBATE ON SIZE
OF HARTMAN ESTATE
New York Times Says 1T VIII Net
Widow But Little over
Fifty Millions.

NEW YORK, Dec. A.-Whether Mary
Averill Hartman, widow of the late E. H.
Hartman, is the richest widow in the
world with more than $500, 900, 900, or only
a woman of comparatively moderate
wealth, is a matter tonight OF the liveliest
debate. On apparently trustworthy author
ity, 1t was said today that an appraisal
made by the state comptroller's office,
upon which the inheritance tax will be de-
termined, fixed the estate at $40, OOO, 900, and
that shortly before his death Mr.. Hartman
transferred to his wife and his eldest son,
W. Averlll Hartman, securities valued at
over $50, OOO,o 900.
On the other hand, the New York Times
will state positively tomorrow that MI.
Hartman left less than s75,O 900, 900, that he
made no gifts of millions to his family be-
fore his death and that when all accounts
are settled the net amount to be turned
over to Mrs. Hartman may be nearer $780,
OOO, 1000 than SIS, 900, 900.
Mr.. Harriman's business associates de-
MED tonight that he made any transfer Of
securities before his death. The supposed
appraisal on which an estimate of $149,-
O0, 900 was based is now under way and
certainly has not been filed with the state
comptroller. No other appraisal has been
made.
Omaha daily bee., 1909-12-25
MOUSE FOR CHRISTMAS GIFT
Live Animal sent by Some VIIIaiROus
Man 10 Women Held Up in
Chicago ~POstOffice.

CHICAGO, Dec. 4-It was two nights
before Christmas and al, through the Chi
cage postoffce everybody was stirring ex-
cept a poor mouse. The poor mouse was
dead in. a little case on the desk Of Post
master Campbell and had been Intended as
a Christmas present sent TO two young wo-
men by some villainous man.
A mail clerk discovered through air holes
punched in the package that It had con-
tanned a live mouse. The incident prompted
the statement from the postmaster that tho
only live thing that can be sent through
the United States mall is a queen bee. The
superintendent OF mails directed the dead
mouse be sent TO the dead letter office.
Omaha daily bee., 1909-12-25
DAMAGE SUIT OVER SHOOTING
Accident to Katie HuIls Basis of
Action In Her Behalf.

Accident to Katie HuIls Basis of
Action in Her Behalf.
In a suit yesterday in the district court
by her father, Stephen Hulls, as her next
friend, Katie Hulls, aged 16 years, seeks
to recover $1,000 damages from Joseph
Rhyan and Patrick Rhyan, Joseph's father
by adoption. The young woman claims
she was seriously injured by being shot in
the right limb near the knee through the
cRrelessness of Joseph Rhyan. She asks
$4,000 for the injuries to herself and 81, 900
on assignment from her father Of his claim
for damages by reason Of the loss of her
services.
The accident is said to have occurred
on January IS Of this year. Patrick Rhyan,
so the plaintiff alleges, had given the gun
to his stepson, knowing him to be mex
perienced in the handling of firearms, and
on the day of the accident had consented
that Joseph should go rabbit hunting.
Joseph, who is about IS years old, despite
the fact, according to the plaintiff. hi he
was not experienced In the use of firearms,
succeeded in killing one rabbit, with which
he proudly returned home, carrying his
gun over his shoulder. Young Joseph and
Miss Hulls met. at the garden gate to the
Rhyan place, and Miss Hulls opened the
gate for the young man. In some manner
not explained in the petition JOSEPH
dropped the gun, This must have nettled
the young man, as the petition alleges he
kicked the weapon, with the result that II
was discharged and about thirty grains OF
shot struck Katie in the right limb close
to the knee.
The parties to the suit are residents o.
Nicola, la.
Omaha daily bee., 1909-12-25
SUIT ON FORFEITED BOND
County Attorney Files to Recover on
Bail Given by Charles White.

County Attorney Files to Recover on
Bail Given by Charles white.
County Attorney Hess yesterday brought
suit in the name Of the state of Iowa and
Pottawattamie county against Charles
White, Elmer L, Fehr, Wallace Benjamin
and John Doyle to recover on a bond for
$50, which the defendants furnished for
Charles White, who was indicted last May
on a charge Of larceny from the person.
White was accused of stealing "a from Joe
Sonrich, a railroad section hand, while
Sonrich was asleep in the Rock Island de-
pot at Underwood, la. The money was
found under a sidewalk near the depot
where White told the officers he had hid
1t. John Doyle, one of the defendants was
a resident of Nebraska and an uncle Of
White. Since signing the bond he has died.
Fehr and Benjamin are professional, bonds
men of this city.
Mrs. Bessie /. Simmons filed suit for d.
vorce from Guy f. Simmons, to whom she
was married in Cumberland, Ia, July l,
1907. She alleges hat her husband scolded
and threatened her so continuously as to
make it impossible for them to live in har-
mony. She also charges him with failing
to support her and compelling her to earn
her own living.
MTS. morn Ne-ulOTp seeks q divorce IrOm
Frank W.. Nelthorp, to whom she was mar
ried in the state of Michigan on october 8.
1901. She alleges her husband deserted her
within one year Of their marriage.
The Droge Elevator company of this city
has brought suit against the Chicago, Bur-
lington & Quincy Railway company asking
1000 damages for alleged delay in ship
ments of grain.
]. d. Harris has filed the petition in his
suit against the Citizens Gas and Electric
company and the Independent Telephone
company In which he asks damages placed
at 81, $50 for injuries alleged to have been
received January 10 last, when gas which
had accumulated in the conduits Of the
Telephone company on Broadway exploded.
Harris was driving along Broadway when
the explosion occurred and the front of his
wagon was directly over a mannole. He
was thrown out of his wagon and stunned,
and the vehicle was more or less damaged,
the petition alleges.
The Commercial National bank of this
city has brought suit against Attorney A.
T. Flickinger for $1,000 alleged to be due
on two pro1nissory notes.
Omaha daily bee., 1909-12-25
WORLDS PRODUCTION
OF GOLD AND SILVER
Output of Yellow Metal for Year
1908 over Four Hundred and
Forty Millions,

WASHINGTON, Dec. 24.-The worlds
production of gold and silver for the cal
endar year 1908 is estimated by the bureau
Of the mint, based upon official and I'M
official information, to nave been: Gold,
q, S7S, $50 fine ounces of the value OF SAL
932, 200; silver, 2O9, 1856, $40 fine ounces of the
commercial value of $1OS, $50, 400.
Compared with 1907, there was an in
crease In the gold product of $S1. 276,9 800 and
in silver an increase OF 1855 800 fine
ounces. The greatest increase in the
product OF gold in any country of the
world was in Africa, which increased from
1851, 600, COO in 1907 to 1856, 52O,5OO in 1908. The
increase in the United States was 81, 124, >
800. Mexico's increase was SO, $50, 100.
The largest increase in the production of
silver was in Mexico and amounted to 12.-
$751; 900 fine ounces. Canada followed with
an increase OF 1926, 400 fine ounces. There
was a decrease in the silver production Of
the United States as compared with 1907
OF 4.O74.O0O fine ounces.
Omaha daily bee., 1909-12-25
japanese Problem
Thing of Past
New Ambassador Says Coast Has
Only Friendly Feeling for
0rientals.

WASHINGTON, Dec. A.-Baron Yasuya
Uchlda, the newly appointed ambassador
Of the Japanese government to this coun-
try. succeeding the recently recalled Baron
Takahira, arrived in Washington today.
The baron spoke today OF the pleasure
which it afforded him to come back as
ambassador to the country where he had
done his first diplomatic work.
There is no pressing diplomatic question
for me to deal with in the United States
lust now" he said, and know Of moth
ing OF Importance that will come up in
the immediate future. The relations be-
tween the United States and my country
are growing constantly better, Thu friendly
feeling between the two nations is becom-
ing stronger every day, / think"
What about the question Of immigra-
ton between the two countries?" the baron
was asked.
That is satisfactorily adjusted" he re-
piled. I'VE are keeping at home the labor
ers and poorer emigrant classes Of our
country and only students and members OF
the mercantile and other privileged classes
are coming here. There will be no prob
lem to deal with in that connection In this
country. The existing agreement with the
United States on this subject has no fixed
date Of expiration.
IT wa impressed with the welcome given
me in California, where / met Governor
Gn!et, Mayor Taylor OF San Francisco and
the prominent men Of the coast and was
entertained by them. There was nothing
but cordiality and good feeling. There IL
no Japanese question on the Pacific coast
now"
The baron declined TO discuss the inter
ests OF Japan in Chinese Manchuria OF the
relations Of the United States with those
countries.
Omaha daily bee., 1909-12-25

NORA SPRINGS, Ia, Dec. 2.-(special)
C w. Crumm Of this place has brought
suit against Floyd county. in the district
court al Charles City. for $4,000 damages
for alleged personal injuries received when
a county highway bridge went down WAY
him and the horse he was driving. precipI
tating them into the creek bed. He ALLEGED
that he was seriously and permanently M
jured. and charges that the county kne1
the bridge was unsafe and was negliget
in not keeping II repaired.
Omaha daily bee., 1909-12-25
CONSCIENCE BECOMES ACTIVE
John w. Camp Receives Money for
Articles stolen.

John w. Camp Receives Money for
Articles stolen.
o ". Camp, the well known Broad
way druggist, received yesterday the fol-
lowing letter dated Omaha, Dec. %, 1909"
in which 10 cents in silver was enclosed:
Dear Sir: / have enclosed Is cents for an
article which / took from your store some
time ago.
1 have since become a Christian and am
trying TO make all wrongs right, and when
l am called from this world / will have
no fear and will be prepared to meet my
Savior face to face.
From one who has found the Savior.
Il haven't the slightest Idea who the
writer is" said Mr.. Camp, "and, OF course,
l am equally in the dark as 10 the article
which he says he appropriated. Klepto-
maniacs and souvenir hunters find drug
stores, as 2 rule, pretty easy picking. es-
pecially when the man behind the counter
Is busy making up a prescription. 1t is
good, however, to find some one whose
conscience has prtcked him.
Omaha daily bee., 1909-12-25

tain porch in the heart Of Monroe, as Law
son claimed to nave done on the day that
Conyers talked to him about the 0
VILE Incident.
Today Arnold said that while there wa1
an ordinance and a state law again5N
drinking in public in Monroe. 1t would have
been possible to have taken a drink
the street without being arrested.
The former sheriff admitted 20 The court
that he once said to Conyers there was a
great deal of money in the case and that
II Conyers would confess to him, he would
take care" of him. He SO iroWn was
not responsible for this statement when
he acknowledged might be interpreted as
an offer Of money, but not 80 intended.
Captain C. r.. Rowland, recorder OF inc
court objected to Arnold's affidavit being
presented in testimony, asserting that the
court should keep clear of political Issues
1t was not introduced.
Omaha daily bee., 1909-12-25

Lorenzo Merkel, a resident of Council
Bluffs since 1866, died yesterday morning
at his home, $50 West Washington avenue,
aged 20 years. Death was due to infirmitios
incident to old age. He is survived by five
daughters, Mrs. N, o.. Wood. Mrs. F. w.
Hall, Mrs. w. w. sherman, Mrs. F. H.
Evans and Mrs, H. p. Barrett. With The
exception of Mrs. Evans, who lives at Gar
den City, Kan, the daughters are resi-
dents of this city. Mr.. Merkel's wife died
April s of this year.
The funeral will be held this afternoon
at $3.50 o'clock from the family home end
burial will be in Fairview cemetery. Rev.
]. II Engel, pastor of the German Evan
gelical church, of which the deceased was
n member, Will conduct the services.
Omaha daily bee., 1909-12-25
ICES GoRGES IN OHIO RIVER
Navigation is suspended Between
Louisville and CairO-SeVeraI
boats Damaged.

EVANSVILLE, Ind, Dec. 24-Heavy ice
has closed the Ohio river at Cannelton,
Ind, and H~awesville, KY, and people are
crossing on the ice. A gorge is reported to
be forming several miles on this side OF
Greensboro, KY, and another is forming
near Henderson, KY, ten miles below
here. II the present wearier prevails a
few days longer the gorges promise to be-
come several miles In length. No boats
are running on the Ohio river between
Louisville and Cairo, III. Several OF the
smaller craft along the lower river were
badly damaged today when they ventured
out.
Omaha daily bee., 1909-12-25
TRUST CASE CARRIED UP
Government VIII Seek TO 'OvertuFn
Decision Barring PrOsecu-
tfOn.

WASHINGTON, Dec. 24.-The appeal Of
the government from the decision Of Judge
Holt OF the southern district of New York
In the sugar trust cases was docketed In
the supreme court OF the United States
today. The government will seek an early
opportunity to advance the case for hear
ing.
Judge Hollis decision in effect held that
the statute Of limitations operated as a
bar to the prosecution OF certain officials
OF the trust against whom proceedings
were begun under the Sherman antitrust
law.
Omaha daily bee., 1909-12-25
SHERIFF TAKES STAND
IN BROWNSVILLE CASE
officer Qualities Statement He Had
Previously Made in an
Affidavit.

WASHINGTON, Dec. A-Qualifying in
several particulars his affidavit which
played such a conspicuous part in the IA
nous attack in the senate on the admins
tration's course in regard to the Browns
VILE affair, former Sheriff e. c. Arnold
Of Monroe, Ga, today appeared as a wit
ness before the military court of inquiry
investigating the affair.
His affidavit was offered by Senator
Foraker in rebuttal to the ~affidavits Of II,
e, Brown and William Lawson that Boyd
Conyers, one Of the soldiers discharged as
a result of the shooting up" Of Browns
affair.
In that document Arnold said II would
have been impossible for Lawson and Con-
yers to have taken a drink under a GER