davidaulloa/AmericanStories huggingface dataset:
Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1910-12-17
stalwart legs and erect bearing as it is
to read his Bible, say his prayers or
love his neighbor as himself"
THE YOUNG MAN

Physical exercise is as necessary for
the proper care of the body as good
food and rest. All exercises should ba
taken for the health, all to the end
that q person may become better.
greater and more useful. Every young
man should aim to have good health.
Men train" to put the body in the
best possible physical condition. Those
who labor should take exercise to the
ond that the whole body should be de-
veloped. Not the development OF mere
strength and muscular tissue, but tho
heart. lungs and other vital organs
should also receive attention. The
man who labors in the shop or factory
will take his gymnasium exercises not
as work but as recreation. endeavoring
to obtain the best possible degree OF
health for him. Business men are now
beginning to realize the commercial
value OF good health in their employees.
One of tho leading men of Salt Lake
gave it as his opinion recently, that
Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1910-12-17
JOB PRINTING AND BOOK BIND

We are the pioneers In Job Print.
ing and Book Binding in the stat.
Our facilities are the best for hand
Ing any class of work. no matter ho1
large or how small.
THE DEsERET NEWS JOB DEPT
Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1910-12-17
improvements in Track and
Right-of- Way

Track rebuilt and right of way paved on the fol-
lowing streets:
Third South Street between State and Ninth East
State Street between South Temple and Fourth South
Ninth East from Third South to Twelfth South
Second West from First North to Warm Springs
Third South between Third West and Rio lune Street
Fifth South between Main and First West
Rio Glande Street between Second and Fourth South
West Temple between Fifth and Ninth South
Third West between North Temple and Second South.
AGttREGATINCi TWELVE MILES OF SINGLE
TRACK
Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1910-12-17
8byW. E. Day, Ii ! T.
Deseret Gymnasium

object, and rightly, too 10
naslum taking men AVA, ~ the gym
employment. and for this ron the,
orr their financial support r,se,asoh cut
money Is lost as a whole thus mo-.
good contributor, than viii - losing Or,
as gate receipts during tho " T., taken h
son. Finances are also whole sea.
me non-renewal of member.p ieted BY !
not "fiends" on account ~ =. who az.
continual use or the gvn, .ns almost
basketball. practise gamos '''aslum II
Added to this moral e'e'
bnys 't = !, ~; Luther Gulick Saw Y
Inv, no We u BASKETBALL team play rvs wa,, 70
h tmr o.ha week IN competition ma, hs'i
sha,, p, Nv uays. means that thesos'yyl'.
ana no, 10 pu. little other physical eng H,a
Will become hypertrophjod ''.eir hear,
is healthful." The physica, more, more TIA,
not end. rs there is lack or ,,nJury des
over exertion, travel, otc due Is
proper business condition. r. iack u
loss or time for study. "h, s'udsa,
form of physical activity is mo" mos 40.
Its rivalrlcs drive physical 6poa untl
beyond Judgment and rond enauraR.
This is what Intense comne,it,. reason"
ly does. 'o'''ioh usua.
a college professor says: ",rbo,.
tenaency TO- have too many intess e "a
ana al Intercollegiate contests and y,ss ,
mutton or the number would heln = UNI UNI.
~. tair home contests a,nan great.
individuals and classes of lug tS"s Ii.
institution bring. upon the wh VIM sans
most desirable results. Con1" ole ID.
inc spirit or more wholesome ' riSc, ID
they are freer from abuses ana YAM van
more accorded with the true nnr nelSs
or education. They eliminate ulpcss
slonalism and avoid the serjo ,r p ls's',
time, special training and cytra ,o;' q
from college to college, ana ina ups
anxiety preceding and followinSs Undue
collegiate contests. They sacs s la'er.
maintain quite largely the good Sp' ,.. ana
incident to public contests results
New-York tribune., 1910-11-23
TRAFFIC ALLIANCE RUMOR
Wall Street Hears St. Paul and
Frisco Have Deal On.

Officers Of the Chicago. Milwaukee & st.
Paul Railway Company and the St Louis
& San Francisco Railroad Company would
not discuss yesterday report that the two
roads were likely to form a traffic alliance
in the near future
The rumor grew out of an inspection trip
that is now being made over the Frisco
system by q party composed of Percy A.
Rockefeller. A J. EarIing president of the
St. Paul. and B. F YoakUm and B. L.
Ninchell, chairman Of the board and presi-
dent, respectively. Of the Frisco.
II was learned that this trip was arranged
by Mr.. Yoakun, who is understood 10 be
desIrous Of having the St Louis & San
Francisco enter into a traffic agreement
with the St Paul whereby the latter will
divert all its traffic from the West bound
for Southern ports 10 the Frisco lines In
return. Of course. the Frisco would give all
all its business destined to Northwestern
sections TO the St Paul.
It appeared TO be the: belief in railroad
circles that the St Paul would have abso-
lutely nothing 10 gain, but on the contrary
would be q loser by entering into such an
agreement The business received from the
Frisco, II was said. would not compensate
the ST. Paul for the loss of traffic from the
roads with which il now has agreements.
New-York tribune., 1910-11-23
HIGGINBOTHAM QUITS BENCH
Tells Mayor That He Wishes to
Resume Practice of Law.

After d somewhat turbulent and troubled
career on the bench. f. CASTOR Higg1n-
botham. of Brooklyn sent his resignation
as city magistrate to Mayor Gaynor yes
terday afternoon. 1t was promptly ac-
cepted. but the Mayor said he had no COM
ment to make on it. He has not had time
to think of a successor Magistrate Hig-
ginbotham's term would have expired in
June, 1911, as he was appointed by Mayor
Van Wyck in 1901.
In recent years Magistrate Higginbotham
has frequently been in trouble. Only re-
Gently he was tried in the Court of Special
Sessions on a charge of assault made by
a young girl named Mary Hickey. The
magistrate made q vigorous denial of the
charges. saying that they were made by
political enemies, and the court acquitted
him Chief Magistrate Kempner. however,
refused to give Magistrate HiSginbotham
any more regular assignments and prac-
ticalIy closed the Bedford avenue court
Magistrate Higginbotham was accused a
year and a half ago by Mrs Mary Dono-
hue, of Brooklyn, Of Withholding 500 that
she had put UP for bail The money was
finally found. il is said. in the magistrate's S
desk He frequently appeared in the courts
to defend his guardianship OF several in
fants, and has had several judgments is
sued against him.
The magistrate visited the Mayors office
yesterday morning. He seemed to be labor
ing under some strain, and friend held
his arm as he walked up the steps of the
City Hall. Two hours after the magistrate
had returned TO Brooklyn the Mayor re-
ceived the following note from him:
Il hereby resign the office of city mag1s-
trate. I desire to resume the practice OF
New-York tribune., 1910-11-23
PLEADS CIRCLE INSANITY
DR.. Evans, on Stand Tells Of Another
Form of Lunacv
rBv Telegraph to The Tribune

BY Ieiegraph 70 Inc IrOuhe
SomerviIle, y. j, Nov, 22.-Dr- Brftton D.
Evans the alenist of "brainstorm" fame
told d Jury in the Somerset Court here to-
day of another form of lunacy, which he
termed "circIe insanity" He testified that
a man afflicted with this form of mental
derangenenu had circles of insanity, in
which it was possible for him to start from
a lucid point and go through a series OF re-
voting acts and then arrive at an appar-
emily normal condition after he had been
strapped to d bed and a garden hose played
on him for an hour by county jailer-
DR.. Evans was called to testify in the
case of Alfonso Viola. retired hotel
keeper at Raritan, who is charged with
crime in which a three-year-old girl is the
acknowledged victim. The case is being
tried before Judge Clarence E. Case.
Viola'S counsel. AIvah A Clark, in an
effort to prove that Viola was insane when
he committed the act called DR.. Evans.
who has charge of the Norris Plains In
sane Asylum. and DR.. Evans then gave his
testimony on circle insanity in which he
accounted for ViOlas state when he COM
mirted the crime and his present lucid con-
ditiOn. which has existed since James P.
Major. the jailer, played a garden hose on
him in his cell four weeks ago.
New-York tribune., 1910-11-23

about him is that Lewis sometimes
mentioned a French artist whom hs
said he knew
7 am under the Impression that Lewis
paid attention to two young women be-
for he became engaged to Miss En-
right. and somehow T think that they
were both relatives of the Meaghers. II
seems to me that Lewis was attentive
70 ono who died. AMI then he paid court
u her sister.
Mr. CritchIey also added that MS
brother Thomas and Patrick Reagan
who both work for Frank c. White. OF
No Is Catharine street, went TO Police
Headquarters on Sunday and asked 20
be allowed to see the BODY. but failed
to get permission. Both knew Lewis
well and said they were positive they
could identify the skull II they saw IL.
as Lewis had a peculiarly shaped head
New-York tribune., 1910-11-23
TRIED TO DEFRAUD AUNT
Relative in Connecticut Says
Willie Was a Bad Boy"
- Tslegraph . The T-ioun.. ]

AIiddIetown Conn. Nov 22.-1t is hs-
Ueved here that william Lewis. wanted
in New York in connection with the trunk
wears ago visited his widowed aunt. Mrs
Eliza Brennan, and tried 10 make away
with s4oO insurance which had just been
paid on the death of her husband
Mrs Brennan. who is in feeble health
and penniless. was discovered living in
Prospect street tonight She said she
had not seen or heard of her nephew since
here and induced her TO pay him the in
surance money and was caught after the
interference Of the police and her friends
and compelled to return II.
Willie was bad boy" said Mrs Bren-
nan. He took away my wedding ring and
have never seen it I always expected
he would get into some trouble He was a
son Of my brother Michael. who died in
Ireland He was about twenty-one years
in a restaurant in New York He induced
me 10 give him every cent I had on the
promise that he would take me to New
York where he said he intended 70 get
married and start a restaurant He was
tall good looking and had curly hair He
wore lots of jewsIry-
Mrs Brennan says her nephew has an
aunt living in Glastonbury, Conn, Mrs
Kate Lewis. widow of her brother John.
She is sure her sister-in-law has never seen
Boston. she says. whose names she does
not know.
New-York tribune., 1910-11-23
MORGAN SEES DICKINSON
Asks Consent to Enlarge Steam
ship Piers.
rFrom The Tribune Bureau.

Washington. Nov, 22--The fog has lifted
The secret is out The mysterious visit
of Morgan has been explained. and
the canitsI which was thrown last night
into furry Of hysteria. has resumed its
normal tranquility. The status of the Chi
nese loan has not changed. the Mexican
rebeuion will receive no help or hindranca
the successor to the later Henry NJ. Hovt
has NOT heeu named and the railroad rate
hearing is being held according to sched-
uIs There is to be no upheavaI, no cata-
clvsm and the precocious Washington
nrognosticat tors have failed again.
Mr.. Morgan came to Washington to secure
the consent of the War Department To tho
extension of the pier lines on both sides of
the Hudson River at New York in order
that the great White Star and Cunard
line steamships which are now under con-
struction may be accommodated Because
of their immense length-about 1000 feet
these carriers cannot now obtain accom-
n1odations between the existing piers
MIR. Morgan pointed out that unless the
piers were extended the vast hulls of the
steamers would protrude into the river and
menace navigation. Secretary Dickinson.
after a. conference to-day with Mr.. Nor
gan. referred this veXed and much talked
about New York problem to General Bixby.
chief of engineers.
New-York tribune., 1910-11-23
ELECTION LAW PARTLY VOID
Convention Committee Can Nom
mate Another Party's Candidate

Albany, Nov 22.-The Court of Appeals
to-day decided that the provisions of the
election law which prohibit the nomina-
ton of the candidate of another party by
a committee of a convention are unconsti-
tutionaL The decision was given in the lit
igation presented to the court Just previous
to the last election growing out of the
Endorsement of the nomination of Garret
J. GarretSOn for justice of the Supreme
Court in the Brooklyn-Queens district by
the independence League, the Republicans
having made the original nomina ton. OBJ
jections to the name Of Justice Garretson
going on the ballot in the Independence
League column were made in behalf of the
Democratic nominee, Patrick J. Callahan
TO the Secretary of State who ruled them
out, and the matter then taken to
the courts. In the opinion deciding that
the provision in the law is invalid and up
holding the action of the Secretary of
State the court is practically unanimous
Judge Haight alone writing dissenting
opinion. Prevailing opinions in which all
the other judges concur were written by
Chief Judge Cullen and Judge Gray.
Chief Judge Cullen. in the principal opin-
ion says:
The legislative power must be so exer-
cised as not to deny or impair the rights
OF the electors to vote for whom they
will If the Legislature has the constitu-
uOnal power to prevent a committee from
nominating as its own candidate a candf-
date already in nomina ton by another
party, 1t may equally forbid convention
from making such a nomination.
For the past nine years every member
Of this court has been elected on the COM
mon nomina ton Of the two great political
parties. The case was the same with the
election this year. but under the con-
structiOn of the statute coutended for by
the appellant, assuming 1t is valid. the
candidate Of the party which made the
latest nomination was not entitled to place
on the ticket of the other party because
that party had first held its convention
and intrusted the nomination of one of
the vacancies to a committee in the hope
that there might be presented to the cleo
tors two common nominees worthy of the
support of all of the people and thus avoid
division on partisan lines
I insist that the Legislature has not
the right to legislate SO as to induce either
partisan voting or independent voting If
the argument by which It is sought to
sustain the legislation is sound, it could
be said that no right was impaired because
conventions were at liberty to nominate
red-haired men, though committees were
not.
New-York tribune., 1910-11-23
T. W. LAWsoN's ARREST ASKED
Accused of Disregarding a Summons in
Heinze Suit.

Boston. Nov. 22-The arrest on .
capias of Thomas W Lawson. the fnan-
cier. of this city. on the allegation that hs
had disregarded summons issued by tho
Massachusetts, Supreme Court, was asked
for in a bill in equity field in the Supreme
Court to-day by counsel for ]. A Day. a
broker, who is one of the defendants in
the series of suits brought by 2. Augustus
Heinze. Of New York, the copper mining
operator. against several Boston brokers'
The hearing OF these suits has been in
progress before F lockwood Hall.
master, for more than a year
Mr. Lawson. whose testimony was de-
sired. was summoned yesterday 70 appear
before the master to-day, but 1t is alleged
he failed TO appear. and the bill N equity
asking for his arrest resulted
Justice BraIey, OF the Supreme Court.
will give a hearing tomorrow on the
matter of issuing a capias for the fran-
cier's arrest
New-York tribune., 1910-11-23
P. S. BOARD LOSES APPEAL
Motion for Reargument CT Action
Brought by Electric Co. Denied

Albany. Nov. 22.-The Court of Appeals
to-day denied the motion of the New York
city Public Service Commission for re-
argument of the action brought by the
Iongacre Electric Light and Power Com
many. of New York, to compel the COM
mission to grant its application to issue
stocks and bonds. The commission denied
the petition, saying il lacked power, but
the Appellate Division of the Supreme
Court sent the application back to it for a
rehearing and decision.
The commission appealed 10 the Court of
Appeals. which upheld the Appellate divis-
ion. but declared it could not pass upoa the
merits Of the case until the commission had
given a rehearing. Counsel for the com
mission recently asked the court for per
mission to reargue the case, which is de-
ria
New-York tribune., 1910-11-23
AGAIN NO TYSON WITNESSES
Justice Blanchard Believes Inquiry Into
Autoist S Case Is Necessary.

Justice Blanchard in the Criminal Branch
Of the Supreme Court Yesterday denied a
motion for dismissal Of the indictment for
rnanslaughter reported against John H.
Tyson. of Stamford. Conn. over two years
ago Tyson is charged with driving the
automobile which killed Olaf Cunderson.
steward of the Columbia Yacht Club. on
February o. 1908. He is under $4,000 bail
1t is a significant fact that every time
the case against Tyson is called the wit
nesses for the prosecution cannot be
found" said Assistant District Attorney
Du Vivier in opposing the motion.
Il intend TO have the matter thoroughly
investigated - said Justice Blanchard Dis
trict Attorney Whitman is trying to find
evidence of any conspiracy 10 keep the
needed witnesses out Of the courts juris-
diction.
New-York tribune., 1910-11-23
ADVANCE IN AMERICAN CAN
Preferred Closes at 83 IL After Day
of HEAVY Trading

American Can preferred distinguished it
self yesterday in dull and narrow mar
ket by q volume Of transactions exceeded
only by Steel common, Union Pacific and
Reading and by z maximum advance in
price Of AZ points, its closing price, s31z
representing 6 net gain of 3I2 points. No
news came out explanatory Of the move
ment.
Friends Of the company said that the
business for the current year had been
the best in its history. There was a.
rumor, which was not generally credited,
that the dividend on the preferred would
be increased next month. The preferred
stock Is & per cent cumulative issue.
The first dividend after the organization
in March, 1901, was 212 per cent in Sep
tember, 1903 Beginning with 1904. per
cent has been paid each year. the accunu-
lated dividends thus totalling more than
New-York tribune., 1910-11-23

ittie, and she rnoaned as she told how
she had invested ali she had in the enter.
prise
Assistant United States Attorney Arnold
Nho is assisting Mr.. Dorr in preparing the
case mad a string of visitors all day, and
number of letters came telling the same
STORY of loss of lifetime's savings.
MIS- Lavinia Lawrence. of Philadelphia
SAID she had put A.aoN. the proceeds of her
husnands insurance. into oil stock. hoping
10 I'VE on the dividends and now she is
penniless
Mrs David Crabb. OF No. 127 East $50
street is a widow with a family. She
bought 5000 shares of oil stock az so cents
q snare when she was told that she would
hot nave to work after a little while.
req GundelInan, OF No. p Sands street,
hrooklyn. was another victim
'"iii emerson, a bricklayer of No l6n
n'ee'her street told how he had been in
sieu out of his savings by aIIuring liter
d'uie bearing the name of Ex-Governor
spa hs OF Nevada and had even received
te0'eF from Chicago purporting to pe
iFoHl governor Sparks commencing the
property as an investment.
Inc government officials regard the ar
seruon that the Burr Brothers cannot OBJ
tam bah as rUse to obtain a reduction
OF the amount, and say that if a reduction
was maoe the prisoners would jump their
bail
NO IUTther arrests were made in the
continental Wireless case. though there
was an air of expectancy about the Fed
eTai buLding whenever the case was men,
toned.
FoStIhaster General Hitchcock was at
the once OF w W Dickson. postoffice in
speetor in charge. and reiterated the state
ment that the raids on Monday would be
Kept UP until the crooks had been cleaned
up. It required some time, though, to get
conclusive evidence, he said.
New-York tribune., 1910-11-23
PROTESTS FEWER STUDIES

The Public Education Association has sent
a letter 20 the Board of Education protest
ing against any move TO curtail the work of
the special teachers in elementary schools.
we feel" it says. that ii would be moth
ing short of a calamity to lessen this nrac-
,sraI training which has proved 10 he of
sIue TO all the children. The work of these
s,ecial teachers has conclusiveIy proved
mat the mental training derived from sbon
,.,ork and from cooking is Of great value
20 every child"
New-York tribune., 1910-11-23
INSANITY, DALBY'S DEFENCE
Tells Court Stories About Wife Drove
Him to Double Shooting.

Temporary insanity caused bv stories of
friends regarding the actions of his wife
was the reason given by Alfred r Dalby
Yesterday in General Sessions for shooting
her on July % in front of No 242 West 45th
street and attempting to kill himself Dalby
is on trial, charged with attempted murder
He is a musical direcor for theatrical pro-
ductfons Mrs Dalby is known on the stage
as Teddy Hudson. She testified that she
had left Daily because he abused her and
did not support her properly 1t was after
she refused TO live with him, she said. that
he shot her and himself. The trial will be
continued to-day.
New-York tribune., 1910-11-23
Want Their Money Sack.

1ostofice Inspectors kincaid and Reddy
soent the forenoon yesterday AT the Offices
= Burr Brothers tTuC.l with Cashier
eE-IIe- of The company. During The TWO
7o--s tley were there about twenty-five
e-s7ouerS came in and asked whether
t-e-e 7.as any chance Of getting their
money back one woman about sixty
Years ct age. said she had bought Loo
shares II the Buick company a. - cents
z share. She would not leave the Office,
bur kept repeating. They told me that it
would he all right i 7 would only wait a