davidaulloa/AmericanStories huggingface dataset:
Tonopah daily bonanza. [volume] (Tonopah, Nev.) 1906-1929, 1910-04-19
DICK WALKER
AND ASSOCIATES WIN
MINING SUIT
Courts Hands Down a Decision Yesterday
Morning, Settling Controversy Over Four
Claims in Golden Arrow District.

for defendants refused to put in
any evidence to show that the an
nual labor for 1909 was performed
upon the claims in dispute.
In my opinion l consider that,
while this doctrine is in general a
sound one, the courts have gone
altogether too far in extending it
to many of the cases decided al
most wholly upon it, and not either
upon evidence or common sense.
Lindley expresses himself to the
same effect on page 736 and else
where in his work.
In this case l must under this
doctrine decide in favor of the de-
PENDANTS, but l do SO reluctantly
and without that personal satisfac-
ton judge generally takes in the
decision of a case upon it's merits.
The defendants could readily have
put in their evidence to prove that
the work had been done on their
claims in 1909, if such was the
case. BY not doing so they left
the case to be decided upon the
strength of doctrine that has had
more favor from the courts than it
deserves.
The evidence of the plaintiffs
is not altogether convincing that
the work was not done 1t admits
that part was done-how much it
is hard to say. Bob Walkers work
alone, giving it the most favorable
recognition possible, was not enough
as it was not to exceed 5000, in
Guiding necessary mining supplies
the figure stated being an exceed
ingly liberal one. There was nc
proof, however, except the appear
ance of the working on the ground
to show that some of the owners
had not done additional work. Boil
Walkers admission in December
1909, after about two weeks work
that he had nearly finished, has o
course no bearing upon what Sny
der or others might previously hav'
: done; and the fact is apparent tina
goodly amount of work had beef
done on the claims, a condition o
things favorable to the defendants
and one that adds difficulty to
decision of the case, in that it
impossible for the court to determ
inc when it was done under tn
present state of the proof.
In conclusion desire to say that
greatly dislike to decide case upo
a purely technical position taken b
: counsel such position being abou
t as repugnant as fOrfeitures an
: nonsuits, but far prefer to hav
3 both sides fully presented, and the
r decide upon the merits.
r However, I must decide in fave
t of the defendants, holding that tn
t proof of failure to do the assess
S ment work for 1909 on the Eucli
! and Tin Horn claims is not SO cles
y and convincing that forfeitul
: of the clans may be declares
n Therefore, the ground was not ope
y to location in January, 1910, an
the plaintiffs Mayf1ower claims al
Il invalid.
Tonopah daily bonanza. [volume] (Tonopah, Nev.) 1906-1929, 1910-04-19

Judge Mark Averill, of the Fifth
Judicial District court, yesterday
handed down his decision in the
case of Tage Holtberg ct al, YER
sus d. H. Walker ct al, which was
in favor of the defendants. Four
mining claims in the Golden Ar
row district were in dispute. They
were located by the plaintiffs on
January 25, 1910 and covered the
same ground as located by the de-
PENDANTS some time previous. The
opinion as handed down by the
court is as follows:
In this case two theories have
been advocated by counsel for de-
PENDANTS, under either or both of
which he claims judgment for his
clients.
Under the first theory he argues
that a resumption such as is
shown by the evidence here is suf-
ficient to defeat the claims of the
relocators. He makes little distinc-
ton between resumption of pos.
session" and resumption of work"
There is evidence of resumption
of possession by the defendants,
but very little, if any, of ''resump-
ton of work" | consider it safe to
say that there is no such thing
known to the mining law as a re
sumption of possession" except to
the extent that resumption of pos
session is included in a resump-
ton of work. Resumption OF
work avails nothing to the de.
PENDANTS in this case, the modern
law being fully stated by Lindlel
on page 1922, as follows:
THE right to resume work i.
lost where a qualified relocator en-
tiers and initiates relocation. A
resumption between the iniation ant
final acts of relocation will no
avail
This is Lindley's conclusion afte
a review of all of the cases in whicl
resumption of work" is discussed
He criticises some of them severed
especially Belcher company versa
Deferrari, which Mr.. Morrison il
his Mining Rights" characterize
as "trifiing," and he does not spar
Judge Hawley's questionable motto
of revivor in Justice Mining com
pany versus Barclay. ! Lindley o
Mines 1856. 1877. 2 Lindley on Mine
-1154, 1922.
The second theory of counsel fo
defendants arises from the we'll SCI
tied doctrine of mining law "ths
forfeiture cannot be established el
cept upon clear and convincin
proof of the failure of the forme
owner to have work performed {
improvements made to the amour
required by law. The courts do M
incline to the enforcement of tn
class of penalties, which have a
ways been deemed in law odious
Where either abandonment of TO
fixture is relied upon the burde
of proof rests with the party a
certing it"
Acting under this theory couns
Tonopah daily bonanza. [volume] (Tonopah, Nev.) 1906-1929, 1910-04-19

Under Sheriff Vail Pittman went
to Goldfield yesterday morning on
business connected with the sher-
ifs office. He will return today.
Tonopah daily bonanza. [volume] (Tonopah, Nev.) 1906-1929, 1910-04-19

s. s. May. who visited the Cactus
Springs district last week, returned
to Tonopah saturday,
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1910-11-05
LOST IN A FOG.
Willows in His Dirigble Floats
Above English Channe,.
Is Finally Forced to Land Before
Reaching Paris.

Corbehem, France. Nov. 5.-Cruist
Willows, the young Welshman, and his
crew, who attempted London to
Paris flight in dirig1ble balloon
crossed the English channel success
fully, but was obliged to descend here
in Pas De Calais province, south and
east of the strait of Dover, because or
rupture of a tube, which permitted Sc
rious loss of gas.
Willows plans to resume the trip to
Paris tomorrow morning In landing,
the understructure of the airship was
damaged. and repairs are being effect
ed The aeronauts left Wormwood
Scrubs. near London, at 1925 O'Clock
yesterday They slipped over the
English coast at $3.50 last evening and
for two hours were lost in fog that
hung over the channel During the
time they suffered intensely from cold.
At $3.50 O'Clock they sighted the
French coast They fioated about in
the darkness until o'clock this morn
ing, when they descended
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1910-11-05

grounds that the members of the cast
would not be Christians, and conse-
quently would not enter into the proper
spirit of the play.
Judge j. s. West returned today
from Baldwin, where he spoke to a
fair sized crowd. IT think we would
have had a big meeting" said Judge
West, had it not been for the fact
that there was golden wedding cell
ebration in town and almost everyone
had an invitation. You can't talk pol
itics when everyone is interested in
golden weddings and good things to
eat"
Frank F1enniken, deputy United
States marshal, either is widely known
or Uncle Sam has most efficient
corps of clerks. A few days ago one
Of the deputies sent a letter to Elem
niken from western Kansas. He mere
~ wrote Flenniken's name on the
envelope and did not give his postof-
flee address or official title. The let
ter arrived at the proper destination
without q moments delay.
A. A. Robinson of 900 Tyler street to-
day returned home from Columbus, O.,
where he was called on account of the
sudden death of his brother Professor
Stillman W. Robinson, who was for
many years a member of the engineer
ing faculty of the Ohio State university.
He was widely known as an authority
on mechanical engineering and was au-
thor of several engineering publica-
lions. His death resulted from a sud-
den attack of organic heart disease.
E. F. Martindale and wife, of En-
poria. are spending a few days with
relatives in Topeka. The Martindales
were in the Films hotel fire a week
ago and lost large amount of cloth
ing and personal effects. 81 could
have saved all our things said Mr..
MartindaIe, had I not helped man
play q line of hose. When I went
hack the room was filed with smoke
and we left the building with just
such clothing as we hastily gathered"
Old Abe camp initiated five broth
ers of a son of one of the members of
the camp. The men initiated were:
D. H. Coddington, of Powersville, Mo-;
G4 H. Coddington, of Palco, Kan; w.
A. Coddington. of Alexander, Kan;
and [. c. Coddington of Palco, Kan.
Capt. ]. D. Coddington of Topeka, also
is a member of the camp These five
sons together with their father served
through the civil war and are mem
bers of the same camp. Senator Chas.
Curtis. Congressman D. r. Anthony,
and Major Tom Anderson, all mem
bers of the camp, were present and
made short talks.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1910-11-05
( 1870
|
Items for the East Topeka column may
be telephoned to Ind. phone ISL


Mr.. and Mrs ]. B. Knowles of Canyon
City, Tex: are here visiting Mr.. and Mrs.
]. w. Paisley of 1872 East Crane street for
two weeks.
Miss Carrie Knight is here spending a
few days with friends while on her return
burg, Ill, where she has spent a three
months vacation.
Sunday will be: Sunday school at $3.50,
George Layne, superintendent. Com
munion and preaching at II by the pastor,
Rev. w. Fl. Scrivner. Junior Endeavor at
3 p. M, Mrs. c. E. Yewell, superintendent
intermediate society at 6:15, Frank Hag-
enbuch; superintendent. c. E. society at
| sermon at oclock.
Mr.. and Mrs. L. F. Luthey of 22s Chand-
spend Thanksgiving the guests guests Of Mrs. -
Luthey's grandparents, Mr.. and Mrs. Rip
per Mrs. VIM. MOSCOW of Carbonate,
Mrs. Lutheys mother, will accompany
them and will remain several weeks with
Rev. J.. E. Benson will preach in the
a -ernoon at 2:9O o'clock and Sunday
evening at 7:So o'clock: Good singing.
Mis-, Miss josephine Jolley and brother.
IN Newton. Kan, the guests of their uncle
ana aunt: Mr.. and Mrs. ]. D. Alexander.
M, Mr. and Mrs. Frank Thomas of Liberty,
Mo: came here Thursday to spend two
weeks with relatives and friends.
M Mr. and Mrs; Howard E. Everett of
"a city: MO, VINO nave been spend
ing few days here this week with
| friends. have gone to Smith Center Kan
| TO visit his parents, Rev. and Mrs Ev-
erett. before returning to their home in
| Missouri.
Mr.. and Mrs. Fred Stewart have re-
turned to their home in Lawrence after
spending week here visiting relatives
Miss Helen Smith has returned to her
| home in Chicago after spending severa j
| weeks here visiting relatives and friends.
MI and Mrs. VIM. MOSCOW OF Carbon
oSle are here s3ending the day the guests
Mr. Harry Crawford is improving after
! fever A -
Mr.. J. r. stitt has returned to work
after being off several days on account Of y
an injured hand.
Mr.. Paul Klein is improving and will re-
| turn 70 work Monday after bAing off sew
/ erat daVs on account of an injured eve
! Tha services at the PRESBYTERIAN church
| Tor Sunday will be: Sunday school at 9.45
| j. X Norton. superintendent Preaching
"Cb1-,st9issr ne See C castor on the subject.
at 30 Miss louie Patterson sllnerirl-
| tendent- Senior Fndeavor at els Frank
| FEehberser president. and evenfrey ser
I'm IF 7,9oq o. the subinct words
| worth While" Rev. Jay c. Everett. mas
Mrs. II. C. Wilson viii return 70 ber
| home in Lawrence Monday afte~ snenf4ilie,
oeVera. DAYS here the ellest of her par
ems Mr.. and Mrs. c. z. YeweIl. of am
| Jefferson street. - V
| ThNra will be regular services at the
Metho6ist church Sunday. D., A Shut.
". ard Ms. w. T.. Powell of goo Lake
/ r+~0n- are +ho -1a~en+s If tar r,orr5
/ @1rl horn November T. whom they have
| nar7ed Pearl Thelma
| Rev. NJ. NJ Culpepper and Rev. G 7
: heam VIII speak at the Parkdale Meth
odist church Sunday.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1910-11-05
A Frank Statement by Commissioner
Simms on the Bond Proposition

About 81 years ago. the voters of this county, by their
votes gave bonus of $75OOO in bonds to the Kansas
Colorado Pacific Railroad to aid it in constructing line
from Richand Kansas to the Kansas River at Topeka
In fulfillment of it's contract with the county,
cae of stock for $50 shares issued to the county
The railroad built and the taxpayers paid the amount
authorized for this line of railroad Later absorbed
by the Kansas Nebraska Dakota which in turn became
the property of the Missouri Pacific and is owned by it
today.
In any honest discussion of this matter let kept
mind that the county did not bonds in any railroad
but rather certificate of stock given many years ago in
lieu of bonds This certificate of stock the property of
Shawnee County from the time it given until July
1902 when sold by the present Board of County
Commissioners.
and want to state frankly and openly that have not
single apology to make for myself the other members
of the Board for that transaction If single charge
be sustained against the Board it can be nothing
of Judgment in trade am not willing to
cede that there of Judgment but is general
y understood that infable and there may be-
some basis for that charge.
The long and short of is the county owned this
tifcate of stock Somebody wanted purpose and
were willing to give something for it. At of meet
ngs stranger appeared and represented himself as an
agent Omaha broker to make offer of 500 share
this stock That Monday and Mr. Sinner being
away told him chairman of the board that knew
nothing about the Stock didn't even know the county had
such stock) and that would want time to investigate
anyway would do nothing an important matter
the absence Of member The agent agreed to come
back the following Friday which he did, but MI simmer
was still absent in Excelsior Springs, Mo-, and nothing
DONE We did not know the and didn't even
find out his In the meantime the board received
letter from Mr. J. R. ulvane with reference to the stock
with the mere suggestion that the firm of Kelly Kelly
was negotiating with several counties townships and
cities and that in opinion they could procure for
the county than had been offered Whatever was offered
the Board like clear gain to the county for what
been generally regarded as worthless paper and we
we're disposed close the DEAL But later one
Of the firm of Kelly Kelly appeared with proposition
handle stock for the county basis OF 80 per cent
above the which the county had been offered This
proposton was not accepted for several weeks but was
finally signed by the Board on the assurance taat we could
get the offer of 500 share in any event oclas from
0ther counties were writing about the matter usually
with the advice that they going to let and count
the receipts much velvet
Tn July the stock was reported sold by Kelly Kelly
for $40 ner share which netted the county $22OOO as
against $4,000, the original offer
The board had letters from bond brokers IN Kansas
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1910-11-05
LAD HAS NO ONE TO CARE.
Father and Mother Quarrel, Ihowing
Him Out in World.

Eleven-year-old Alva Allan who was
picked up Friday night by the Provi-
dent association is being held until his
father or other relatives can be found
who will provide for him. Following I
quarrel between his father and mother,
the boy was thrown on the world with
no one to care for him.
Papa and mamma quarreled two
weeks ago." said the child, land then
mamma went away with another man.
1 stayed with papa until the other day
when he didn't come back and 1 don't
know where to find him."
Then Ava cried.
The boys father, J. E Allan, is a
laborer, but the boy doesn't know
where he works If he is not found, an
effort will be made to find the boy a
home.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1910-11-05
CAR HAS GREAT SPORT.
He Fires Into a Bunch of Game Thai
Is Driven Past Him.

Berlin, Nov. Emperor Nicholas
hunted today in Emperor William s
new game preserve near Oranienburg,
26 miles northeast of Pottsdam. A
battalion of soldiers with foresters
had been engaged for some days in
assembling some 500 deer. hare, and
other four-footed game within an en-
closure and when the animals were
driven out today past line of plat
forms concealed by pine branches and
upon which the royal party and TWEEN
ty-two oth5r court hunters had taken
positions ready for the killing, EN-
positions ready for the killing. En-
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1910-11-05
emit of SO Per CENT Asked.

Washington, Nov. "a cut of so per
cent in the rates on cattle from Calf
fornia points to Tacoma, is asked in a
complaint filed with the interstate
commerce commission today by the
Carstens Packing company of Tacoma
and Seattle against the Southern Pa
cific and oregon and Washington rail-
roads. The compliments say the pres
ent rates are so per cent higher than on
fresh meats.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1910-11-05
Erbstein Gives Bond.

Chicago, Nov. 5.-Attorneys Charles E.
Erbstein and Arthur Mcbride. who were
indicted yesterday charged with conspir-
acv to do an Illegal act, gave bonds of
$1,000 each today. The charge Of con-
sspiracy is made by States Attorney Way
man, in connection with the charges of
Erbstein and Mcbride that Wayman when
in private practice bribed q juror In the
George Rafz case.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1910-11-05

City, Chicago and New York to the effect that the stock
had market value but that understood that it
was selling place for 500 per share. matter of
fact it not worth dollar except to the particular peo
pie who wanted it for the purpose of reorganization if
that is what they doing doubt if single man in
Shawnee County would have bid pewter dollar for this
share OF stock put at auction unless he had known about
the entire history OF the plan foot know that the fell
lows who making the oudest noise could not have
raised copper such security as it was.
Here is what all of the cities, towns and townships
did from Fort Scott to Rchand Read it and then if
the Shawnee County Board acted like idiots as would
have you believe rather like business of ordinary
prudence and intelligence.
Per share
The city of Fort Scott owned 400 shares and sold s2U
Timble Township, Bourbon county, owned 100 shares
AS also did Scott and Mil Creek townships in the
Blue Mound Township in Linn County owned $50
shares and sold for Observation-Disclosures. 800
Rich Monroe Lincoln Reeder and Jackson townships
In Anderson owned $40 shares among them, and all
Rock Greek in ooffey County owned 300 shares and
Agency Township Usage County, 26o shares and
It will be seen that every one Of the municipalities re
ceved less by $40 per share net than what the Board of
County Commissioners procured for Shawnee county
There total OF 237O shares of stock Of the kind
that owned by this county selling for $47 400 when $50
shares about third sold in this county for $220O
net, to the taxpayers!
Now want to say particularly to the voters of the
First Commissioner District that shall be more than
pleased to have this entire transaction from finish
investigated by every voter before he votes and then after
knowing all the facts if any thinks that any 9TH
member of the board did not in the utmost good faith
or that any other member of the board proted
penny personally has been stated by irresponsible
persons want him to vote against for reelection to
the office of county commissioner.
Do you know that the interests back of this consoda
ton could have forecosed thesenes of railroads and
The counties not receive cent for their stock and for very
little to them have been told good authority that
this the original plan but it then decided that the
good will of the people of Kansas worth than the
per share paid for 80 per cent of the stock owned
lin Kansas.
There nothing about the transaction that the board
ever has tried to conceal and given the wild
Jest publicity in both daily papers
FRANK B. SIMAIS.
The above statements correct.
EDWIN L. ONEIL,
j. G. SINNER.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1910-11-05
Notice to Exs.

The funeral of our late Bro. Fred
P. Robbins will be held at o'clock
Sunday afternoon at the residence, 222
East Sixth avenue. The service will
in charge of Topeka lodge No. 2O4.
B. P. o. E. We want all members to
come who can possibly arrange it.
Meet at Elks' building at 1880.
w. R. FALKINER, E. R.
J. e. MORGAN, Sec'x.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1910-11-05
LOCAL MENTION.

We duplicate broken lenses. The r.
H. Baker Optical Co.. ga Kansas ave.
DR.. Adam Rupin is in good health
again. He wants to see his friends and
patients again, at his Office and resi-
dence, 312 Van Buren,.
Meet me at the skating rink.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1910-11-05
Rain Stops Auto Races.

Atlanta, Nov. 5.-Today's program of
the automobile races at the Speedway
track was called off owing to rain. There
will be racing on Monday. weather per-
hitting
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1910-11-05

,,o. nos nernnitted the first
The forest was Thoroughly searcneo
h,, +roons TO make sure that 1t contain
Cd no one whose presence was unau-
thoriZed.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1910-11-05

Charles L. Short receive telegram to-
day announcing the sudden death of his
only brother, DR.. Willard NJ Short, of
Indianapolis, Indiana. He was a drug
gist and capitalist and three years the
senior of his brother Charles. The latter
departed for Indianapolis this afternoon
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1910-11-05

The funeral of r. o. Hillard will be
held from ConwelPs undertaking rooms
at O'Clock Sunday. Burial in Mt. Au-
burn cemetery.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1910-11-05

The funeral of Pembroke S. Withers will
be held from PenwelFs undertaking rooms
at 10 O'Clock Sunday morning. Burial in
Topeka cemetry.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1910-11-05

The funeral of Fred p Robbins will be
held at 8 O'Clock Sunday afternoon from
the home, 222 East Sixth street. Burial
in Topeka cemetery.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1910-11-05
The Reason.

Mrs. Diplo-My husband ana l
never dispute before our children.
When trouble comes we send them
out
Kind Neighbor-Oh, is that why I
see them on the streets so often?
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1910-11-05
DEATHS AND FUNERALS

Meet me at the skating rink.
Carson City daily appeal. [volume] (Carson City, Nev.) 1907-1930, 1910-10-11

HAVE YOU REGISTERED?
Carson City daily appeal. [volume] (Carson City, Nev.) 1907-1930, 1910-10-11
DEMOCRATIC CAMPAIGN BOOK

The Democratic National Cam
paign Committee has issued its cam
paign book and is now distributing
it. The Committee has no funds
save as it obtains them through con-
tributions and in selling the book at
ST. per copy, or for Scots. a copy in
lots of ten or more.
The book is replete with valuable
matter and is said to be the best
campaign book ever issued. Every
Democrat should have it and in this
year Of Democratic effort for SUI
premacy should gladly contribute to
the Committee by purchasing the
book. The committee did valiant SER
vice in Maine with notable results,
and if Democrats everywhere will
rise to the occasion, by their dollar
contributions, the Democratic sun
will rise triumphantly-not to set for
fifty years to come. Send your or
ders or contributions to F. F. Gar
rett, Treasurer. Democratic Cam
paign Committee, 82l 18th Street.
Northwest, Washington, d. c.