davidaulloa/AmericanStories huggingface dataset:
The Bourbon news. [volume] (Paris, Ky.) 1895-19??, 1911-01-31
Advocate Discusses DAMAGE
Suit Practice.

The Daily Advocate at Danyille.
Kentucky. for a number of years has
been making strenuous fight against
the bringing of what it terms ,."snide"
damage suits against railway COM
pahies. In Circuit Court in Danville
last week. Judge l.. l.. Walker threw
out on peremptory instructions the
case OF Shorty Jones against the Queen
and Crescent route. In the first place
Brady Harland contracted with the
railway company to carry carload of
cross ties from one point to another in
the Danville yards. Harlan then hired
Johnes to assist in the work. On the
hrst trip. Jones let tie fall and mash
his great toe. Forthwith, through his
attorneys, he sued the railway conf
pany for 81 900 damages. Judge
walker promptly threw this as we'll as
other similar cases out of court. In
referring to this particular case. the
Advocate says editorialIy in a current
issue:
Ihe legislature ought to pass a law
prohibiting the filing of such damage
suits as this one. The heavy burdens
occasloned by court costs must be paid
by the tax PAYERS and taxes are already
too high. This promiscous damage
suit practice is one of the paramount
causes for Kentucky's lack of growth,
as shown by the last census. In the
hrst place. such methods prevent capi-
tai from coming into the state and on
the other hand the enormous Jury and
court costs make high taxes. To the
credit of Boyle county and Judge
Walker such cases as these where the
railway COMPANY is free from foult
are not permitted to occupy any more
time than is absolutely. necessary. The
railway companies have fixed policy
of paying all just claims promptly
without litigation. Only cases that
nave little or no merit are permitted
to go to court. 1t used to be that the
average jury would give damages
against. a railroad on most any claim.
but the educational awakening of this
century has wiped out the old preju-
dice. Nowadays a railway company
gets the same fair consideration as an
individual"
The Bourbon news. [volume] (Paris, Ky.) 1895-19??, 1911-01-31

Couples whom nature has not endow
ed with strong minds or whose off
spring would, as a result of such q
marriage. be weak-minded, should not
be permitted by law to bear offspring
is the opinion of Governor Wilson.
They should be prohibited by Law
from marriage or subjected to a surgi-
cal operation which would prevent
offspring, are his words.
Many Governors have held to this
opinion privately. but few before have
been progressive and fearless enough
to announce it. That such a law, il
recommended to the Legislature, would
be regarded radical there is nc doubt,
and IT there is an extra session of the
Legislature in the state such a law
may be recommended by Govrenor Will
son. not only to apply to weak mind
ed people, but for insane end degene-
rates as well.
The Bourbon news. [volume] (Paris, Ky.) 1895-19??, 1911-01-31
Vote Traffic Must Stop in Flem
inc.

The Fleming county grand jury,
which adjourned last week. took the
initiative in Kentucky by issuing a
warning to the violators of the cleo
tiOn laws that the buying and selling
of votes in the county of Fleming
must cease. The report followed the
instructions of Judge Newell regard
ing such attractions and created quite
sensation. The part of the report
referring to the election law violators
is as follows:
I'VE. the grand jury, feel it..our duty
to warn the political parties of this
county to cease the traffic of buying
and selling votes. Whilst we have not
had sufficient evidence before US to
find an indictment, yet we feel sure
the election laws are continually vio-
lated in this county,"
The Bourbon news. [volume] (Paris, Ky.) 1895-19??, 1911-01-31
Anesthetics lonq Known,

A Chinese manuscript lately discov.
cred proves that anesthetics were
used In China LOO years ago. A GER
tain connection. it states. was given
by the doctors before performing an
operation. which rendered the patient
unconscious. The anesthetic was q
simple preparation OF hemp.
The Bourbon news. [volume] (Paris, Ky.) 1895-19??, 1911-01-31

take 81
+
ans appine health. ~
The woman who neale health S
oundati Of
lowell its lustre and& S
health when lost impaired generally be
by us o Perces Favonte
This Prescription has, for 40 Xxx
curing delicate weak, pain. wracked
hundreds Of thousands
0ffensiVeH ~
invited to DR.
All confidential Address Worlds
". Buffalo, N T.
Peoples Common
edion-OOO
address receipt
binding
The Bourbon news. [volume] (Paris, Ky.) 1895-19??, 1911-01-31
Revised Political Maxim.

nc~'Scu FoIItICdI Maxim.
government Of the people for 90
fng the people by consent o; the
people.-Life.
The Pioche record. [volume] (Pioche, Nev.) 1908-1925, 1911-10-21
State Owes County
OF Lincoln $A,323.75

lowed to auditor. assessor and treas
urer, this office settled according
to vouchers presented and approved
Dy the county commissioners. Coun-
ty officers are expected to furnish
vouchers approved by the county com
missioners. and we accordingly al
.ow the amount due In settlement; of
course you understand the state
tax levy has been the same for sew
eral years, and if they have made a
mistake III asking the proper
amounts due them it Is not our
fault. My deputy, Mir. Doane at
lends to that part CT he work, and
we have had no trouble with any Of
the counties and hope you will be
able to understand the matter now
and see though II. If however, any
mistakes have been made on county
Jfdcers' account, the matter can.
not be settled well without al act
Of the Legislature. Each time they
have accepted settlement as you
should find on file with the differ.
9nt county officers.
Respectfully,
J. EGGERS,
State Controller.
The Pioche record. [volume] (Pioche, Nev.) 1908-1925, 1911-10-21
COALITION Is
LOOKING
F'INE:

The strike made recently In the Pi-
ssoche Coalition mines grows better
hourly. Such Is che information i'm
parted by persons who have visit,
ed the mine during the past few
- aad VINO express much citation
over the pleasing turn of affairs at
tae Coali,icn properties.
AT the present time three strong
fissures have been exposed ON the 600
foot .evel, the first OF which was
struck at a distance CT 259 feet
from the shaft, this fissure showing
a generous array of sand carbon.
4tes mixed with ga ena Three feet
rther on, the second fissure was
a>oaAt rcd, consi~ ting Of quar- q,
iron, manganese and galena, These
rissures intersect at a point near
where they were first exposed and
the indications are favorable for
the opening OF tremendously large
ore body,
In his report to the directors Of
the company a few days ago, Gen,
al Ma4ag D, r. Low says
n pea lag carries good values,
and Ia a carbonate and galena which
powders like sand, and through this
Is considerable quartz an, lse +.
l his rock is too valuable to throw
over the dump and arrangements are
being made to save It.
I'VE seem to be just on the top of
the bedding. and the showing is
the best N the bottom of the drift.
| think II would be a good thing to
ink q winze whore the strongest
showing Of galena has been ey.
posed
Tho east west tissure carries good
'alu+s ana may possibly lead to a
good ore body. All the fissures open
out and narrow up in places,
we have cleaned out the ore
2irS MI are now saving sll the I've.
| II 'lis stiiAe proves up as now looks.
We shall need new ere bins. l have
) INT you samples Tor assay,
AS We are only thirty feet from
h vat r and by CIT ing wIGn. in
! .hs cre to the water level Y. cd,tt
~ d.Nelcp high r sulphides y
ing much galtna at the water level.
! The drift at the bedding has beer
run over 50 feet and continues to
show a face of ore carrying com.
| mercial values.
Assays taken In the winze, a gen.
eral average, showed values Of $1fC
| gold, % ounces silver and 20 per
cent lead. Mr. Low stated today tha,
100 feet Of drifting had been done in
! ~ days this month The company vii
resume development work at tht
The Pioche record. [volume] (Pioche, Nev.) 1908-1925, 1911-10-21
Special Auditor H. E. Freudenthal

Special Auditor II. Z. Freudenthal
who was employed by the couuty com
missioners several months ago to au-
dit the books of the several county
officers. has filed his report with til 9
county clerk, C. w. Garrison.
Mr. Prudential finds that by rec.
son OF certain errors made in the
mode OF settlements between the
county ueasLrer's office and the
. tate. covering period of years,
Lincoln county has not received its
just share of moneys collected, the
scame amounting to the iatner 81.
nificant sum OF $4,323.75.
Mr.. Freuednthal reports. also. that
Eiar.. coLA,y CMes Lincoln LouAly
on account OF the late county divis.
ion act, the sum of $3.334.2O; makil.s
a total Of 1851 IS due from the two
sources stated.
The following is copy of the cor.
respondence which passed In the state
fund matter:
In checking up the state fund my
attea,llGn was directed to the man
ner Of payment of the states pro-
portion due Lincoln county for SER
vices performed by the assessor, au-
dltor ana treasurer on behalf Of the
state: in that the ratio had not
changed IN the pss. six years on the
part Of the amount TO be allowed for
tsAe work OF the auditor and as
.sesAor lwhile under the law 1t chang
es whenever the tax rate Is differ
elAt from that Of the year bfore, J
and that the amount allowed by the
state fcr the ueasurer's services has
been based on his salary: which. In
my opinion IL not in accordance
With the statute as regarding the
.am0unt allowed by the county of
Lincoln for the serl ices OF the coun-
ty treasurer Of Lincoln county per-
formed on behalf Of the sta4s. De.
string to get all the information
possible on this matter. took tne
question up With the safe controller
and the district attorney with the
following correspondence;
The Pioche record. [volume] (Pioche, Nev.) 1908-1925, 1911-10-21
PRUDENTIAL WRITES AGAIN
Phoebe. Nevada. Aug. 26. 1911.

Hon. J. Eggers. State Conlrol.er.
SatsoA L.ty, Neraaa.
Dear Sir
aLn. ia receipt CT yours OF the
l7th In reply to mine of the 18th
and while you partly answer my en-
quiry in that you refer me TO tn,
senAl annual statement en- file ii
the ueasurers office which gives
the tota. compensation allowed IL
the auditor, assessor and treasurer Q.
LiACC.n CuuAly Tor services perform.
ed for the state of Nevada, the ba
sis and manner in which you arrive
at this amount Is not given as re.
Quested in my letter of the 18th
Section IA, page GA, statutes 1887
roads as follows:
The state of Nevada shall allow
the county OF Lincoln, for services
named in the Revenue Act, for the
aeditor q sum equal to the proper.
tion Of the staue tax to the whole
tax levied in Le county on a basis
of one hundred doliars per monti.
TO-. the uss4 4asoi sum equal t.
IN, proportion of the state tax t.
the whole tax levied In the county on
al the Dasis OF tae salary q lowed by
tnis Act; for the treasurer, foLl
per cent on all moneys paid to tht
1 -te af,ep deducting school mol
VI. These allowances shall bs maze
at the time Of the semi annual set
t.oments provided ty law. upol
vouchers furnished the county trear
urer by the board Of county commits
sioners."
mni4e the tax rate for county pQl.
poses has been different for the La. F,
tnree years. the same amounts have
.oeIl a4iomeu LAe auuItor a4Iu a5sesaUI
by the state tor services perform.
ed, ald the amount allowed tn,
treasurer has been the same for
the same perioGs, viz: $114.4z for
SIX months. Az the county Of Lin.
coin should be allowed Ivr Ine SCR
vices ct the treasurer by the STAT
OF Nevada four per cent. on al mon
eys paid to the state after deduct
iang school moneys under the Act
above quoted and as the total col
lections vary each year, you won {
favor me very much fof the Iniorma
tion as to the manner In which yout
,ffice determines the compensation
If the officers retired to (. III,
services performed.
Any Information that you might 81
iae and refence to any laws that vii
throw light on the matter will be
greatly appreciated.
Very truly yours,
II. e, FREUpENTHAL,
The Pioche record. [volume] (Pioche, Nev.) 1908-1925, 1911-10-21

semi-annnual statements that shou
be on file In the county treas urers
office signed by the state controller
or his deputy, and must be there.
Respectfully,
J. EGGERS,
State Controller.
The Pioche record. [volume] (Pioche, Nev.) 1908-1925, 1911-10-21

basis Of 500 per month, 1. g. the
state tax is to the whole tax lev
led IN the county 80 as is to 800
The basis Of the assessor will be
tue sum of $l400 per year and not
the present salary of the assessor.
and tie amount to be allowed for
the treasurer is four per cent on all
moneys paio to the state after de-
ducting school moneys.
There is a question as to whether
mahaamus would lie against the
state controller compel ling him
to audit and draw a warrant In ia.
vor Of the county of Lincoln. | think
the best way this could be done
would be for you to ascertain the
amount the county has coming under
CHS statute and have the treasurer
h.ld out thit amount in his next re.
nlttance. Ills will compel the state
10 commence proceedings and the
i -rden viii be on them. Hoping this
is very satisfactory, | am,
Very truly yours,
Leo A McNamee,
District Attorney.
have carefully gone over the state
fund account and a-so the semi-annu-
al statements upon which settlements
have been made embracing the period
from June 5th, 1905, to June 5th,
1911. and find that the state is in
debted to the couny of Lincoln In
the sum Of S4,325.75, as will more full.
ly appear In the tebulated statement
FOR each semi-annual Sc, ,tlement,
The Pioche record. [volume] (Pioche, Nev.) 1908-1925, 1911-10-21
LETTER TO McNAMEE


Phoebe, New. September. 4. 1871,
Mr.. Leo McNamee, Dis t Atty,
Phoebe. Nevada,
Dear Sir
l desire to have your opinion
IN a matter OF vial Importance to
Lincoln county and elcloseu
herewith find correspondence that
44s passed between the satte con
troller and myself.
| do not be leye that the control
ier's position is teIalle In his ref
erence--in that the Law referred to
either ia the title OF the Aot,
the body OF the Act repeats section
Ia, page "a, statutes 1887-ina 5much
as the per cent Is not a part Of
he treasurer's salary, but as q
'aa Is apportioned TO the salary
fund
in the act of 1887, Section /, the
eaE pcnsation Is fixed at so much and
10 more. and IN the last section the
,lause appears referring to the 4
per cent.
fhc inain question in my mind Is
"Whft ther section 1909, general
statutes, (passed in 1891 repeals
section IA. statutes 1887 One be-
uDg general and the other special"
IN the act Of 1887, section IA,
basis is established in that 1t
reads For the auditor a sum
,qual to the proportion of the state
tax !eiied to the whole tax levied
in the county on the basis of one
1rndrcu dollars per month,
In the general act, section 1909,
genera. statutes, claims shall
made for salaries and other ex
DenSes for which the state Is Who'll
ly or III part liable = . which
am5lut sl,all bt in proportion t.
the laNt3 ie,iod for state and
2>unly purposes
boes secten laOs, general stat
utas, repeal section Ii, page 81,
atHtes 'SS7. lHis IL vefy imp rJaRt
tHspettrully yours,
IT, Il PRUDENTIAL.
The Pioche record. [volume] (Pioche, Nev.) 1908-1925, 1911-10-21
DISTRICT ATTORNEYS OPINION
Phoebe, New, Sept %, 1911.
Mr. Fl. Z. Freudenthal,
] ,oChe, Nevaad.


,oche, Nevaad.
Dear S.r---
In answer to your inquiry as t.
whether or not Sec. 1909, compiled
laws repeals Sec. IA, page "a, Stat
1887, you are advised that the "Act
to provide reYeaue for the support Q.
The government Of the state ct Ne
ada, a1d TO repeal c rtain acts rS.
ating thereto, approved March 30
1884," Of which act, Sec. 1909, CON,
piled laws Is par. specifically re-
p eals certain acts and generally re
peas Fali othor apls and paris Of
Is pasffp eJa aIprcAeu psi l.
y .ssf 1881. SC far SIS they eon
fiict with the provisions CT this aci
* repea!cd,
There is no consistency MOI
conflict between til ee two statutes
aad the latter would be construed as
, Ing iiTectory as tc the manner Of
~, - cut tie mandatory provis
las e tht former.
nave carefuliy traced the stat
utcs CT 1887 down to date and dc
lot find any place where section i
has been repealed, either expressl,
i by implication
The said section bong still In cf
f'ot the county Of Lincoln is en-
titled to recover from the state Of
Nevada for services rendered by tn,
county auditor sum equal to the
proportion of the state tax to the
Whole tax levied in the county on the
The Pioche record. [volume] (Pioche, Nev.) 1908-1925, 1911-10-21
CaiGnte MeXiC3nS
Murder Companion

Harry Lowry came down from Pa
nae! during the week enrouts to De
lamar on mining business.
William Keel was In town from D.
naca the first of the week TO deliver
nay to the Caliente Mercantile com.
pany.
MRS. Della Clayton has accepted a
position with the Grand restaurant
ls cashier.
has Hansen of Panaca was VISIT
ing With his sisters during the week.
he reports that the high school
building In nearing completion.
; George Batten left for his mining
properties near Hike to do assess.
merit work a few days ago.
Mrs John Trimble and family have
returned from visit in Los Angel.
eS.
The Southern Bar. which has been
conducted by Robert Lund was
closed by Sheriff Smith Tuesday last.
The goods were stored. The
many friends of MT. Lund will re-
regret to hear of his fai .ure.
President Taft passed through thia
town last Wednesday morning at
4:o2 o'clock on second No. 4. Ow-
ing to the early hour, only few
Caliente1tes got glimpse of the
presidential train.
ondersheriff Jake Johnson Of Pi-
oche was In town during the week
70 search for the prisoners who
escaped froln the counyt tail recent.
ly.
After two days careful investiga.
tion, the coroner's jury found that
the railroad companys emp,oaav
were In no way responsible for the
death OF Guzells Venezia and the
injury OF eight others when the car
lett the track Tuesday afternoon.
A fellow by the name Of Moore xas
'setenced by Judge Maynard Friday
70 80 days In jail. The charge was
petit larceny.
Several railroad attorneys were In
Caliente this week on business.
Frank Palmer has purchased from
MRS. Ella Denton her property ON
Dcnton Heights.
school VIII start next Monday at
Delamar.
Mrs, Liday and family and Mr.. Smith
ana family will leave for Las Vegas
IN a few days. where they win
make their future home. They win
De missed by their many Caliente
friends.
BILLIE Culverweu was q passenger
t~sNay evening for Salt Lake for
the purpose Of bringing back some
o.ooded milk COWS, which Mrs q
Cuverwell purchased during the
state fair week.
Two funerals were held In Cal.
iennte this week. Both Of the dead
men were Mexicans.
Mrs VIM. Davis has been enjoying
q visit from her sister, Miss Thomp-
son, OF Cedar City. Utah. thiss week.
week.
FRANK Dyer, well known In Lin
colnn, White Fine and Elko coun.
tes, passed through Caliente with
his family and a herd of .sadd q
L-r5es e--rouIe TO their new home
at Gold Roads, Arizona. They were
here last Tuesday.
Sid Pace. Joe Foremaster and
VIA Stewart came over from Alamo
during the week after freight. They
report nnne crops In Pahranagat val
ley tais year.
Ia +. Kenner has moved his fam.
lily from the ranch fer the winter
aAd will reside in their new home
eeol the stock yardr.
thomas Beck OF Fay, is visiting
WI f1l rla-tin,e :riend. Judge w ID.
Maynard. whom he knew when
boy in the pa my days of Delamar.
Conductor t. F. Mitchem of the
P.oche. tranch, and family, are now
living in one Of Mrs. Fosters hous-
es on Spring street
Roe Thomas was up from his
ranch at ,Klernan during the week.
He reports considerable prospecting
goinng on In that section By Salt
Lake parties.
The Pioche record. [volume] (Pioche, Nev.) 1908-1925, 1911-10-21

iold & Silver Prince shaft tomorrow
1t being the intention to continue the
shaft now 290 feet deep, to the 300
a 10 then drive for the ere bodies on
the Specie Fraction claim.
At recent me eting of the direct
ors In Salt Lake the resignition
OF George E. Coke was accepted and
Scion Spiro chosen to succeed him
on the board.
The Pioche record. [volume] (Pioche, Nev.) 1908-1925, 1911-10-21
Pioche. New. August 10, 1911
Hon. ). Eggers, State Controller,
Carson City, New.
My Dear Mr.. Esgers:

My Dear Mr.. Eggers:--
Having been appointed by the
board of county commissioner CT
Lincoln county to audit the count.
books from Juy lst, 1905, to July
lst. aSl14 viii you please favor me
with the following:
The amount allowed Lincoln county
by the state of Ne,ata, under se1
tion n. statutes 1887. page "a for
the years 1906 to 1911 inclusive; ii
ths should entail too much work
kind y then furnish me with 1909
1D,e and the six months for 1911
and ALSO the basis and manner IL
Nhlch the amount was arrived at.
Thanking you In advance and will
te pleased t. reciprocate at any time
] an,
Very truly yours,
~. e, PRUDENTIAL.
The Pioche record. [volume] (Pioche, Nev.) 1908-1925, 1911-10-21
Special TO the Record
(8y w. A. Denton)

(5y W. A. Denton)
CALlENTE, New, Oct. 21-Sunda,
evening, about eight O'Clock,
tight took place among the Mexican.
with the result that one of the mum
oer was stabbed to death by means
OK an ugly looking stliletto. 1t seems
that BAD blood had existed during
the day among the foreigners before
coming to town and this was renew
ed on the runch meeting again in
the evening.
AT one OF the saloons, brother of
the man killed, was run around a
pool table by another Mexican who
threatened to brain him with a
rock. Others interferred and disarm
cd the irate Mexicano whereupon
peace was declared. But the truce
was OF short duration, for the ira
edy was soon after enacted The
MeAlGan came trom Loss Ange .es
only a few hours before he met his
end. Three men were arrested. but
~ lIAlltills eNlGtLCC MAS produce1.
at the preliminary hearing had be-
t3re Judge Maynard Tuesday and two
were released. The third was held
2 await the action. OF the grand ju-
ry and taken Ia Phoebe for. safe keep.
ing ii the county jail.
NET WITH ACCIDENT
While coming down the hill back
Of the Southern Bar Thursday even
Ing, fellow giving his name as
Joe Bowers, missed the trail In
some unknown manner. The night
being dark. Bowers stepped off the
high embankment and the fall which
resulted broke his leg; the bone pro.
truding through the flesh and stick.
inng In the ground. DR.. Murray
was sent for and he, In turn. sent
for the county physician, Dr., j. w. |
Smith, who took him to the hospit.
al where the injured mans leg was
set and everything lossible done to
relieve his suffering,
LEASE THE MAGNOLIA
Hans Olson and Harry Lowry
have secured a lease on the Mag
nolia mine near Delamar aud will
begin operations at once,
(AilENTE IN BRIEF
Geo. Wadsworth of Panaca was
aiauhg the weeks visitors from
the high school town,
Mrs. Newman. sister Of Philip
*. Smith, came In on No. l Thurs
day and departed FIR Delamar Fri
day morning to visit with her niece,
Mrs. K ssell Scott,
Charles Culverwell, county re-
corder, was a passenger from the
county seat during the week.
After several weeks spent In Los
Angeles, Luke McNamee, returned
Friday evening.
Joseph Brimhall of Alamo came
over from his ranch Thursday, re-
turning Friday loaded with freight
Miss Lizzie Smith was visiting
with her uncle and aunt, Mr.. and
Mrs. David Cook, during the week.
John Wedge and John Richard of
Alamo were in town this week afttr,
lrl,N lsions.
Prof. Miles of the high
school at Fanaoa was In town on
business this week.
It is reported that Charles Turn
er will move to Spring street short
". ne having purchased a home for
ais family.
George V, Warren is reported to
be suffering with an a. tack Of pneu-
monia at his resido..le on oprine
street.
Nick Johnson came over from De-
lamar Friday ssnffering with an at
tack OF rheumatism and is now under
the doctors care
The Pioche record. [volume] (Pioche, Nev.) 1908-1925, 1911-10-21
MR EGGER,s SECOND LETTER

Carson City, New. August 28, 1911
II. &. Prudential, Esq,
Dear Sir:
In reply to yours Of recent date,
viii state. refer you to statutes,
1905 page 215. section 2, where Il
states It shall be full compensation,
etc, this does away with that four
per cent that you refer to. and as
you will notice the offices were seq.
gregated. as Tar as the amounts a