davidaulloa/AmericanStories huggingface dataset:
Tonopah daily bonanza. [volume] (Tonopah, Nev.) 1906-1929, 1910-06-08

Reynolds VS.. Pasco, Sc Pac.,
1864.
Armstrong VS.. Muller, Colo,
393.
think the proof Is clear that the
Sunnyside locations Nos. 1, 2 and 3
were made on the goth day of Feb
ruary, 1906. The location and
amended location certificates of the
several claims show that all the
acts necessary to constitute valid
locations were performed by the To-
Gators and within the time re-
quired by law.
The amended and additional To-
cation certificates filed by the plain
tiff company alleges the date of
discovery to be on the goth day
Of February, 1906. The evidence
of Mcdonald shows that the monu-
ments were erected and the discov-
erv shafts on those claims sunk
within the prescribed limit. page
273 transcript in evidence.)
Counsel for the plaintiff con-
tends that as the law does not
make the location certificate prima
facie evidence of discovery that
such declaration is not binding
uron the plaintiff, but I am of the
or'nion that, while It might not be
srficient evidence as against the
dofandants. the declarations con-
= ned in the record bv which the
r9 ont was obtained is some evil
2 noe that can be considered in
r. absence of nroof that the rec
80 does not state the truth
r more were needed. think the
evidence of the presidnt % the
r. 'ntiff company, James r Davis,
(reges 253 to 2e6. inclusive), Is
CO. elusive upon this point
ean reach no other conclusion
.hn' that on the Bird day OF March,
1906 the date Of location Of the
Ios Gazabo claim. the Srnnysides
Nos I. and 8. were valid exist
Tonopah daily bonanza. [volume] (Tonopah, Nev.) 1906-1929, 1910-06-08
IMPORTANT APEX
SUIT IS DECIDED
Continued From Page Two.

Continued From Page Two.
Gazabo location was junior loca-
ton and the location certificate
filed by Scott, ct al, the locators
of said claim, and introduced in evil
dence by the plaintiff, recites that
the claim sis wholly within the
boundaries claimed by the Sunny
side Nos. 1, and g."
This declaration of itself is suf-
ficient to cast the burden upon the
locators to show that the Sunny
side claims were invalid. The min
ing acts of congress authorize Local
ton of mining claims upOn the I'M
occupied and unappropriated miner
al lands of the United States.
Nowhere in the reoitals contained
in the original location certificate
of the Los Gazabo. does 1t appear
that the land in question was of n
character which the law authorizes
a location upon.
where plaintiff sues to recover
land alleged to bel0ng to it, under
patent from the United States, and
claimed by defendapts who deny
the rights of plaintiff under the pat
ent, tie burden is upon plaintiff to
prove it's ownership and it is not in
cumbent ON defendants to establish
negative
Tonopah e. G. r. Co., vs.. Follea-
baum, ct al.
(supreme court Of Nevada, 107
Pac. r SS2.}
II ire Suqnyside claims were val
I'd and existing locations at the time
the Los Gazabo was located, It Is
clear that the latter location was
void.
Belk vs.. Meagher, tei o. .. asa.
Tonopah daily bonanza. [volume] (Tonopah, Nev.) 1906-1929, 1910-06-08
Dated June 6, 1910.
CORSET DEMONSTRATION
WATCHED WITH INTEREST

The Shop of Swelldom was crowd
ed yesterday by the ladies' of Tono-
pah who witnessed the demonstra-
lions of Mrs. M. H. Miller and the
Gossard corset. Mrs. Miller is
travelling throughout the west for
the Gossard concern and only has
limited amount of time to stop
at each city where an agency is
located. From the crowd in at
tendance Mrs. Cecile Mum desired
her to remain here for another day
and Mrs. Miller telegruphed east to
her headquarters. ALI answer will
be received this morning, and if
the lady receives the desired per-
mission additional demonstrations
will continue today.
Tonopah daily bonanza. [volume] (Tonopah, Nev.) 1906-1929, 1910-06-08

ing locations, and that the location
of the Los Gazabo was based upon
a discovery of mineral within the
limits of the Sunnyside claims, and
was therefore void.
Blk VS.. Meager (Supra), 104 U.
S. 2S4.
Reynolds vs.. Pasco, sc Pac.,
1904.
Tuolumne Con. Co. VS.. Maier, sc
Pac., S63.
Golden Terra Co. VS.. Mailer, 4
M. Ming. Rep, 800.
Armstrong VS.. Muller, (Supra)
Colo, 1893.
Counsel for plaintiff contends,
however, that patent having been
issued to the plaintiff by the land
department, is conveyance of the
| legal title to the patentee, after the
matter has been adjudicated by the
proper tribunal, and like other
| judgments is impervious to collat-
eral attack, and I think this con-
| tention is correct so far as the adj
Indication of any matters which
were brought before the tribunal
for adjudication and as against all
persons who were parties to the
adjudication.
| | am satisfied that the defendants
would be estopped to deny the va
lidity of the patent so far as the
Sunnyside claims are concerned,
| and defendants do not question its
validity with reference to the sur
face ground within the boundaries
| of those claims, nor any extralat-
eral rights which accrue to plain
tiff by virtue of the patent to the
Sunnyside claims.
AS the Gold Leaf failed to file
an adverse to the application of
plaintiff for patent, the adjudication
of the land department is conclu-
sive as to the rights of the parties
to the surface ground included in
the application, but the validity Of
the Los Gazabo claim was not be-
fore the department, and could not
be questioned by the Gold Leaf in
that proceeding.
There was nothing at that time
to show that the plaintiff was at
tempting to acquire any rights
which could conflict with the rights
of the defendants.
The government had right to
convey the land included within the
surface boundaries of the Sunny
side locations, as the Sunnyside
claims, which had been regularly
and legally segregated from occu-
pancy or appropriation by another
and the Los Gazabo being wholly
located within the boundaries Of
claims already segregated being
void, the government had no furth-
er rights to convey by the Los Ga
zabo patent.
Rose VS.. Richmond M. Co., II
New, &c.
South End Mining Co. VS.. Tinney
ct al, 22nd New, 10.
gain this is an puuit hle action
to quiet the title to the Los Ga
zabo lode or vein, which involves
the question of extra lateral rights
which are not involved in the pro
ceedings for patent, and the de-
PENDANTS are not estopped from
questioning the validity of the loca
ton of the claim under which thu
Tonopah daily bonanza. [volume] (Tonopah, Nev.) 1906-1929, 1910-06-08

plaintiff seeks to enforce such ex-
tralateral rights as against them.
United States Mining Co. VS..
Lawson, 1874 Fed, 76.
United States Mining Co. VS.. Law
son, 1874 Fed, rs.
United States Mining Co. VS.. Law
son, 207 U. S., 1.
The invalidity of such patent may
be pleaded as defense in any ac-
ton and may be tried upon the
same principles as an original bill
in equity.
South End M Co. VS.. Tinney ct
al, (Supra), 90, New. 10.
Rose VS.. Richmond, (Supra), II
New, &c.
Tonopah & G. R. r. VS.. Foller-
baum, (Supra), 107 New. $50.
To sustain it's contention in this
case, the plaintiff cites the case of
Tonopah and Salt Lake Mining Co.
VS.. Tonopah Mining Co., 125 Fed,
40S, decided by Judge Hawley)
but the facts in that case are en-
tirely different from the facts in
this case.
In the case cited it clearly ap-
pears that a discovery of mineral
was made by the junior location en-
tirely outside of the boundaries of
the senior location. In this case the
contention is not, and cannot be
made, that any discovery of mineral
was made outside of the boundar-
les of the Sunnyside claims.
Judge Hawley, in his decision in
the case cited, used the following
language:
"COnceding, as we have through
out this case, that the location of
a mining claim based exclusively on
discovery of mineral within the
limits of another existing and valid
location, is void
He also quotes the language OF
the supreme court of the United
States in the case of Gwillim VS.
Donnellan, lis U. S. As, as fol-
lows:
THAT the location as made by
the locator must be one which en-
titles him to possession as against
the United States, as well as against
another claimant. If it is not valid
as against one it is not valid as
against the other. The location is
the plaintiffs title. If good, he
can recover. If bad, he must bic
defeated. location on account
of the discovery of a vein or lode
can be made by a discoverer, III
one who claims under it. The dis.
covered lode must lie within the
limits of the location which is made
by reason of it. If the title to
the discovery fails, SO must the 10.
cation which rests upon it.
I cannot find that any of the au.
thorities cited sustain the location
of the so-called Los Gazabo lode
and l can reach no other conclu.
sion than that such location was
void, and that the patent, issued by
the land department, could give
such location no legal vitality.
There were several other ques.
lions presented at the trial but
as they are all collateral to the
principal issue, 1 do not deem Il
necessary to consider them in thi.
opinion.
Having found as matter o.
Tonopah daily bonanza. [volume] (Tonopah, Nev.) 1906-1929, 1910-06-08

fact, that the patent to the So
called Los Gazabo is invalid for
any purpose, as conclusion of
law, the court finds that the plain
tiff should take nothing by its
suit, and that the defendants
should have judgment for their
costs herein expended.
1t is ordered that judgment be
entered accordingly.
THERON STEVENS,
Judge.
Dated June 6, 1910.
Tonopah daily bonanza. [volume] (Tonopah, Nev.) 1906-1929, 1910-06-08

Fresh milk and cream-Tonopah
Dairy. tt.
Tonopah daily bonanza. [volume] (Tonopah, Nev.) 1906-1929, 1910-06-08

Mrs. c. A. Richards is in from
on visit to friends.
The Jewish herald. (Houston, Tex.) 1908-1914, 1910-04-14

beyond, this stream which had appar-
emily sunk into the bowels of the earth,
never to reappear rises again, bubbles
up. richer and stronger, laden with
myriads of crystals, catching and re-
fecting the light of dawn in a thou
sand rainbow colors
Even so has the national spirit of the
Jews again come to light. For two
thousand years, overwhelmed by the
nations woes, it was believed to have
been completely swallowed up, giving
no indication of existence, except in
faint rumblings heard in the Talmudic
disputations, and in the narrow mystic
isms of the Middle Ages. Today it
reappears, richer and fuller, laden with
newer gifts, rejecting the dawn of a
new life in the thousand beautiful
forms of Jewish art
The Jewish herald. (Houston, Tex.) 1908-1914, 1910-04-14
DEPARTMENT OF SYNAGOGUE
AND SCHOOL EXTENSION.

The problem of reaching the I'M
churched Jew is one to which this de-
partment has given its attention in the
past. 1t has attempted to popularize
the idea of Peoples Synagogues in large
cities and circuit preaching in the
smaller scattered communities. We
realize that this is stupendous task
and shall continue these labors to the
extent of our resources. 1t is our pur-
pose-as soon as practicable turn our
attention to the problem of populariz-
ing summer congregations OF watering
places.
The Department of Synagogue and
School Extension has organized at Har-
ward q society for the cultivation of
Jewish sentiment, and cO-OperateS with
similar societies at other university
centers This line of endeavor, fraught
with important results, will be con-
tinued
From time to time the department
will call upon you for your personal
assistance and advice, and we trust to
find in you a friend and willing collab-
orator.
We are interested at the present time
in securing the name of every city in
the United States where single families
reside. If we can reach them for no
other purpose we can furnish them
with Sabbath-School literature for their
children.
Any and all information will be ap-
preciated Address Department Of Syn
agogue and School Extension Gin
cinnati, O.
The Jewish herald. (Houston, Tex.) 1908-1914, 1910-04-14
GIVES UP GOOD POSITION FOR
ORPHANAGE.

Miss Lily Price, treasurer of the
United Press Association, an office
which she has held for three years, will
abandon her successful work in that
field and return in May to the Cleve-
land Orphan Asylum as a matron. Miss
Price takes this step in order to show
her gratitude to the Cleveland Jewish
Orphan Asylum, for all it had done for
her during her childhood. Miss Price
was brought up and educated in the
Cleveland institution.
The Jewish herald. (Houston, Tex.) 1908-1914, 1910-04-14


Frugal Meal" "The Shoemaker, ''The
Sewing Glass in the Orphan Asylum
"Alone in the World" "The Anchor
and Saul and David"
He has been living at The Hague
since 1868 and counts his friends by
the score.
Solomon Joseph Solomon, who stands
first among English painters, was born
in London, September 10, 1860. His
vigorous "Cassandra" (1SS6) and mi
ODE" GSSS) established his reputation
as a painter of classical subjects some
what after the style of Leighton and
Poynter. He has also shown distinction
as a portrait painter; his portrait OF
Mrs. Patrick Campbell attracting spe-
cial attention from it's novel arrange
ments of lights. His "Allegory' OF 1914
is understood to represent the triumph
of Judaism as a final religion OF the
world.
Ephraim Moses Lilien, a genuine son
of the Ghetto, was born in very pow
erty stricken Austrian village, at lit
tie place called Droholicz, In 1874.
ellis art is a flower which blooms in
Zion," says E. A. Regener, and DIR. }.
Thou, one of Lilien's German interpre-
tiers, says of him: "Lilien is the artist
of Zionism. He has. created symbols
tina embody the Zionist's ideas, wishes
and yearnings. In them he has shown
us the suffering of Judaism; persecut-
ed and in exile, learning as the only
bright point in the dusk and the rising
sun of emancipation"
Some of his most famous works are
'"The Silent Song" "The Storm Scene
"The Song of Sorrow" isaiah, Pass
over" and Autumn Melodies"
Iilien, who is still a very young man,
is now living in Berlin, recognized and
admired as a man who turned art into
a. new channel. who delivered ma
tional message by means of form
America also gave us several popular
Jewish painters.
Henry Mosler was born in New York,
in 1910, and in his early childhood
moved to Cincinnati. His subjects are
mostly genre, some of them being
"The Return" "The Village Clockmak-
err" "The Wedding Feast" and the
Ringing of the Liberty Bell" He is
at the present time, painting at his
studio in New York and occasionally
visits his old Ohio home.
There are quite a number of other
painters whom would like to consider
with you this evening, but as time. does
not allow me to do So some of their
names will have to suffice: Philip
Veit, Max Lieberman, Sir Noses Eze-
KEEL Lesser Ury and Leon Baksta "a
Russian painter).
Leessove has given us very pleas
ing summary of Jewish painting at all
times.
On the slope of one of the mountains
of the Rockies, there peacefully and
quietly flows stream. AT one point
in it's path it suddenly disappears, is
completely and mysteriously swallowed
up, leaving no trace behind. Yet, miles
The Jewish herald. (Houston, Tex.) 1908-1914, 1910-04-14
THE JEWS AS PAINTERS.
BY Perl Colman, Houston, Tex.

by P6rl CONAN, houston, Tex.
Some people believe that because
the Jews were most successful in mu-
sic, that they had no ability for the
other fine arts. No supposition could
be more erroneous. There is not a sin
gle art in which the Jew has not prov
en- himself sufficiently an adept, but
this does not seem astonishing mas
much as the power of adaptation is his
characteristic genius The Jew seem
ed lacking in the plastic arts in gen
eral for long time, but today in Hol-
land, Germany, France, and even in
Russia he is beginning to take to them
and about fifty Jewish artists are an
nually represented in our exhibition.
Why were the Jews inferior to 9th
er races in these special arts? Doubt
less from their law, which for three
thousand years prohibited as idoltrous
the making of painted or carven
images.
There is surprisingly little to tell of
Jewish painting in ancient times.
Much regard was paid to the ornament
alton of the synagogues, the lion being
favorite Jewish decorative ornament
and was used in every available place
on the ark in relief or painting. The
inside walls of the richer houses were
sometimes decorated with paintings of
old Testament scenes, and on the out
side walls in the fifteenth century
even current subjects were portrayed.
In Germany portraits were not to be
found in Jewish houses until the sew
enteenth century. In Italy, however,
these were known almost two cen
turtles earlier.
What then, took the place of this
plastic art? Francis Hellman answers
this question by saying: dramatic art
took the place of plastic art; it was
their statuary. The human fact, the
emotions, and passions, which the Jew
has rarely been able to reproduce with
the brush or chisel, have been model
ed by his sons and daughters with the
muscles of their faces and painted with
the accents of their voices"
Let us now consider a few of our
modern Jewish painters.
Josef Israel was born of very poor
Dutch parents, in the year 1924, at
Groningen, Holland. Josef wanted to
be rabbi, but when he found out that
he had taste for drawing, he per-
suaded his parents to let him go to
drawing school.
His mother said: "Who knows? Our
Josef may become great artist and
Holland some day be as proud of him
as she is of Rembrandt"
eyes, who knows?" replied his father.
"'To be sure, did want to make bust
ness man of Josef, and have him help
me, but perhaps this is still possible,
even if he does study drawing"
And sure enough, Holland is proud
of him, and he is considered the head
of the Dutch school Josef became fa-
nous through his "Cradle" and "Ship-
wrecked Man" exhibited in London in
The Newark journal., 1910-07-22
REPUBLICAN CONVENTION

The Republicans held their
county convention at Batesville
Saturday with a goodly number
of the representative Republicans
of the county in attendance.
w. P. jackson was elected
chairman of the convention and
j. Rich secretary.
After general discussion, the
convention decided to nominate
only a partial ticket and the fol-
lowing nominations were made.
For representative, George w.
James, of Dota township.
For sheriff, J. w. Scott of Sala
do township.
For county judge, Burk Wright
Of White River township.
The Newark journal., 1910-07-22
Napoleon's Grit

Was of the unconquerable, never
say-die-kind, the kind that you
need most when you have a bad
cold, cough or lung trouble. Sup
pose troches, cough syrups, cod
liver oil or doctors have all failed,
don't lose heart or hope. Take DR..
Kings New Discovery. Satisfac-
ton is guaranteed when used for
any throat or lung trouble. 1t has
saved thousands of hopeless suffer-
ers. 1t masters stubborn colds, OBJ
stinate coughs, homorrhages, grip,
Group, asthma, hay fever, whoop-
ing cough, and is the most safe and
certain remedy for all broncial af-
fectlons. SOC and 81. Trial bottle
free at j. |. Sturdivant's.
The Newark journal., 1910-07-22

G. NJ. Fields spent Saturday in
Batesville.
Full line of tinware at J. H.
Holderby's.
Finest sugarhouse molases at j.
II. Holderby's.
Lee Patterson of Departee was
in town Sunday.
Mark Owens of Oil Trough was
IN town Saturday.
Rev. j. |. Martin Of Cord was
in town Saturday.
Mr.. and Mrs. E. r. Moore spent
Sunday at Batesville.
Geo. l.. Green transacted bust
ness at Guion Tuesday.
If you have anything to sell ad-
vertise it in the Journal
Tom Henderson of Oil Trough
was in the city Sa turday.
Luther Wayman spent Tuesday
at Batesville on business.
Gents furnishings goods of all
kinds at Jno. NJ. Martin S.
Mrs. Alexander, the milliner,
shop at residence, Newark.
Deeds of trust and legal blanks
for sale at The Journal office.
For ladies ready made under
wear, call on John NJ. Martin.
Squire J. I. Tharp transacted
business at Batesville Tuesday.
Home made meal made out of
white corn, at Moore Bros. Co.
Full line of feedstuff, bran,
chops corn and oats at j II. Hol-
derby's.
IL you want to sell your farm
see the White River Land & In
vestment Go.
If you want suit of clothes to
fit, and at the right prices, go to
Jno. NJ. Martins.
The Newark journal., 1910-07-22
Free Child's
Remedy

What mother is not looking for
something that will help her children
in the little ills of life, something
for the stomach trouble and the
bowel trouble? Long ago she prob
ably has become convinced that a
child cannot readily swallow a pill
or a tablet, and that to break them
in half and crush them" is an annoy
ance; that usually they work too drasti-
cally, and are nauseating and too pow
erful for the little ones stomach.
Any mother who will take the trouble
of sending her name and address can OBJ
tain a free sample bottle of remedy
that thousands of other mothers are using
and now paying for. This remedy Is DR..
Caldwell's Syrup Pepsin. and the offer Of
a free trial bottle is open to any mother
II and convinced yourself that 1t is what
you want. you can obtain 1t In the fu-
ture of your druggist at fifty cents and
one dollar a bottle. just as SO many
others are doing. the free sample being
simply to convince you of Its merits. 1t
Is the best way to begin on 1t. Mrs. l..
Davis of 1877 w. Harrison street Chicago.
and Mrs. Mary Belford. ITO Coke street,
Louisville. KY, both started with free
sample and now they write that they
have never been without bottle in the
house since.
1t is undoubtedly a great family rem
edy. as 1t is adapted to all ages. being
mild and pleasant to take and yet thor
oughly effective. 1t is especially the
ideal remedy for children and women and
old folks. who need something pure. mild
and natural 1t has the advantage Of be-
ing thorough laxative and yet contains
tonic properties. Use IL for the most
stubborn constipation. indigestion, liver
trouble, sick headache. sour stomach
and such complaints with a guarantee
that ii will cure.
DIR. Caldwell personally will be pleased
to give you any medical advice you may
desire for yourself or family pertaining to
the stomach. liver or bowels absolutely
free of charge. ! xplain your case In a
letter and he will reply to you in detail.
name and address on a postal card or
otherwise. For either request the doctors
address Is DR.. w. b. Caldwell, r 500 Cald-
well building. Monticello, I'll.
The Newark journal., 1910-07-22

Hon. L. (. Jeffrey, of New
port, Democratic nominee for cir
cult Judge, was passenger down
the road Tuesday evening en- route
home from Sulphur Rock where
he spent the day at the big picnic.
Fine bottom farm of 800 acres,
near Egypt, in Craighead county
80 acres in cultivation, four
dwellings in fair condition. Land
has been cleared within last seven
years and is fresh, good land and
not subject to overflow. This is a
fine farm, ideal location for stock
farm, and will be sold at a bar
gain. For price and terms address
White River Land e Investment
Co., Newark, Ark.
Johle & Son have put in a grist
mill in connection with their black
smith shop and are prepared to do
grinding any day in the week
when as much as two bushels of
corn is brought in at one time.
They make the best meal to be
had in town and you are cordially
invited to try them. They are also
prepared to do all kinds of black
smithing, horse shoeing and re-
pair work promptly and in first
class manner.
The Newark journal., 1910-07-22
SUNDAY SCHOOL CONVENTION

independence County Sunday
School Association convenes at
Pleasant Plains, Ark, July. 18th
and 26th. Let every body come and
bring someone with you. There
will be free conveyance from
Bradford to Pleasant Plains and
back. So any one wishing convey
ance will please notify Mr.. B.
Woods of Pleasant Plains, Ark.
Delegates are expected to be in
Bradford by $50 a. m. Monday.
+. II. Hook Secretary
The Newark journal., 1910-07-22
Work d Hours a Day

The busiest little things ever
made are Dir. Kings New Life
Pills. Every pill is sugar-coated
globule of health. that changes
weakness into strength, languor in
to energy, brain-fag into mental
power: curing constipation, head
ache, chills, dyspepsia, malarial.
CSC at j. |. Sturdivant's.
The Newark journal., 1910-07-22
A Frightful Wreck

OF train, automobile or buggy
may cause cuts, bruises, abrasions,
sprains or wounds that demand
cklen's Arnica earth s
greatest healer. Quick relief and
prompt cure results. For burns,
boils, sores of all kinds, eczema,
chapped hands and lips, sore eyes
or corns its supreme. 25c at Stur-
divant's Drug Store.