Show LOCAL AND OTHER MATTERS sf ROM 8 28 apul amr generous words for the deceased ress were read with pleasure was an american girl of hon re renown she did not need to lose ae jewels or to pose in last fax farewells ewells to win n a attention vp afu if said she was over forty that vartui a safe statement but I 1 write this note napa because of that statement when 2 jas a boy panny fanny davenport made tier debut upon the stage of the boston theater then a new auditorium I 1 remember ber her well she was a a t tall all 1 slim I jm ot as much unlike the woman of later years as you could imagine but she brae w a beautiful girl she must have been very nearly sixty years old when bobs he passed CHARLES AXOM THURSDAYs DAILY 29 night between six alx lx and seven AVI EKSE k there ther ewas was a collision islon coff on 01 the rio effle di western railroad rail Toad wt ait kourie kyune aon 11 a liitle depot near pleasant aey ey junction Ju action all particulars have not reached the sieve further than that in the up a fireman by the name of alfoot Alf tot was killed and several freight af were demolished ats MAC C gregory gregoia an oregon short line was killed near the divide awde of dillon montana on monday afternoon he was coupling oars at a ide track and was caught and run the body has been sent to to canada aher he came from blead imd only been employed on the road tw for a shoot vine time the cut rates ended yester yesterday dav and aba roads report that for several days at trains will be congested with FROM FRIDAYS DAILY SEPTEMBER 30 J pro protest test against the sale destruct 1 sidn I and removal of the old mill build in liberty park my reason for doing is that it is a monument and a landmark that should be preserved edth ull all care to show visitors as a abc of jot the enterprise and industry at brigham young and the pioneers le place should be repaired the TOa Via chinery put in place as far as it aei ests and the doors locked to keep as despoiler out As far as I 1 am 4 acer i ned I 1 would father see the trees ers grass and many other things isoa jd and removed from the park than rm that mill S H judge hiles today handed down an opinion in the injunction case of john arb et al against the salt isalt lake acty Kalt Poad company finding the issues astr the ade defendant enfant lately ed after his honor had ren id essed the decision judge dee of cound for the plaintiffs moved that the order be continued in force until tomorrow morning when further of the matter will be gone toto into presumably an appeal to the supreme court the pe curt court granted the motton motion oil 8 suit was for an injunction to avna the defendant from construct MV in it a street car line on south temple abw treet east of B E street Z flue aa opposition of the plaintiffs plaIntiff is to the bon on was of the pronounced order claimed by them that the de had surrendered its ita franchise 9 street in question in 1398 alea ua eb finds hat several meet 8 ma between member E 0 we the council bil W the dir directors toft of the street railroad coul pany and that the letter F 0 horn horm supposed he received brain mr read came from the secretary MT mr joseph S this letter which said that the company did not intend to build on the street under existing circumstances judge hiles holds was vms written without authority on the interview between mr louis cohn and members of the railroad company the court finds from the evidence that nothing was ever done tending to show a surrender on the part of the defendant company comi pamy As a matter of law the court says before a surrender can be asserted of a franchise such as this the evidence must show an offer toy by the grantee the street car company by the corporate act of its board of directors to the city government to surrender the franchise and an acceptance by the city of such offer and if it be asserted that such action was toad had on the part of both the grantee and the grantor but that the record thereof was designedly abitt ed from the record of the proceedings of both parties and if fraud Is assigned of such omission as being against the rights of the plaintiffs the evidence must prove beyond a reasonable doubt the fact that such fraud exists the court then goes on to say that there is no evidence on the records of the city council nor of the minutes of the business proceedings of the defendant company to show a surrender of the franchise on the question of the evident evidentiary lary facts which was contended by counsel I 1 for plaintiffs ought to work an estoppel the court finds that the conduct of the directors the wells letter and the assurance given mr horn did have the effect of causing the abutting property owners to discontinue their efforts to prevent the passage of the ordinance of april 1894 but it was not sufficient to constitute an estoppel the question of whether there was acquis acquiescence cence on the part of the street railroad company judge hiles holds cannot be pleaded or enforced in equity against the companas comp anys legal rights under the grant it may be that under the circumstances of this case the defendant company is under a moral obligation to these abutting property owners not to lay its tracks on this street that is a matter about which men might differ A man who owes a debt against which the statute of limitations has run is still under noral moral obligation to pay it and a man who makes a verbal promise which the statute of frauds requires to be in writing is under a moral obligation not to repudiate his promise but such obligations the courts can not undertake to enforce they c can an enforce only legal and a nd equitable obligations according to the rules of law and equity let findings and decree be entered for the defendant oo 00 OGDEN DEN HILES HILDS district judge FILOM SAT DAILY 1 S N writing chief pratt from parsons kansas asks information as to the whereabouts of his brother wro J who is said to have come to this city in may last the man inquired after is a brakeman by occupation a stands six feet high weighs pounds has red hair and a light sandy mustache and a finger off the right hind hand 1 S M blandford Bland tord has arrived from salt bake to establish a station of the weather bureau here he bocc occupier I 1 C the position of af section diree director tot ami alfr gotaut a office will ila be the headquarters for tafe service in the state there will be an ass assistant distant observer and a mes messenger seng I 1 afi W the office mr blandford has not yet selected quarters but will do so in a i few days he will locate on top ot 0 one of the higher buildings where bu i instruments will not be influenced by bir artificial conditions it will probably I 1 require a month to get the station in working order weather forecasts tor for this immediate vicinity will be published boise statesman elder N C Hlf fett of pleasant grove utah county died at his home last night of pneumonia elder hl HI fett returned very recently from a mission to colorado coming home on an account of ill health it was thought and hoped he would rapidly improve under the treatment of family and friends I 1 another fate apparently was in store I 1 for him and he passed away at the time I 1 and place stated surrounded by those whom he loved he was slatty sitty five years yeara of age and leaves a wife and four child ren he had lived in pleasant grove since the early sixties and was a useful and respected citizen his funeral will be held at two p m sunday from the he pleasant grove me meeting eting house mt pleasant pyramid arli roy lee 12 year old son of brig lee met with an almost fatal accident sunday by the horse which he was riding stumbling and throwing wing him he was coming down the road this side aide of jos joa proctors ranch and while riding slowly along the animal he was astride of stumbled and fell throwing the boy violently headlong directly against a large rock near the roadway mr proctor happened to be passing over the road soon after and finding the boy in an unconscious state brought him quickly home it was discovered by tion that he had a heavy blow on the forehead producing concussion of the brain his collar bone was broken and he was otherwise severely injured although aronou pronounced need in a very serious condition it Is ia thought the injuries will not produce a fatal result mr elbridge L thomas son tot bf postmaster thomas came in from white lakes this morning and informed a news man thit that a young man whose chos e name he could not learn haab had hla right dmd blown off the ac accident ident occurred at the white lakes early this morning and seemed to mr thomas to have happened while the young man was reloading the piece the unfortunate was placed in a buggy and driven oft off mr thomas being near enough ta see the accident was yet sufficiently sufficient 17 tar far away to be able to reach any 0 of them the persons who could give him definite information inquiry at the hospitals doctors offices and wholesale hauselt house which handle the results of hunters hantl irv luck failed to bring out the name hame of the young man this fact leads to the supposition that the young man is not a resident ot of this city but lives I 1 in one of the outside settlements MONDAYS DAILY dainty 3 george mcdonald who was severely hurt at the golden gate mine at mer our on thursday said and who was brought to this city for treatment succumbed succumb bd to his injuries juries Im at the keogh hosmer hospital yesterday morning perforation of the right lung was the cause of death the deceased leaves a wife and eight children who live at mer re be was 38 years of age and came here from wisconsin a little more than a yeu year aft j the utah sugar company again its ite record on saturday k havter leaea out 1360 bags of sugar in twenty four bour hours this ran so far ahead of the highest previous record of 1187 bags that the superintendent could not accept it ft as true until he had personally verified the figures the factory is now considerably over the two minion million pound snark mark and has only been running awen ty two days the company paid its dividend of 60 50 cents per share to stockholders on september and the stock has sold since the dividend was paid at 1140 per share saturday evening the county ined the records of the north tintic mining district which have been in the wells fargo express office since february of this year with a 35 C 0 D bill attached the recorder of the district 1 T jacobs made this charge for or keeping the records f from rom the time the law provides the records should have been turned over to the county recorder till the time the recorder demanded the bootes books and for expenses in getting ready for shipment the county commissioners refused to baythe pay the charges the express company was about to send the books to denver and the county attorney and the recorder concluded to take the above mentioned steps in order to prevent the books from leaving the state what mr jacobs will do in the premises is not known on saturday evening october lot flit at 7 clack io mrs elizabeth harris ball borum mcbride a pioneer of 1847 died in this city cl ty in the 87 eh year of her age st at the resden Tes denee ce of her sac babi B E burton wet second south street she was a 41 native of ohio and with her husband was waa one of the flaat settlers near cincinnati and with hier her husband vibe oame came to utah in the fall fal I 1 of 1847 they lived for a time on the old foil square and then moved to the seventeenth ward where they resided for several years then they moved to tooele thoele end and from there to san at which place her husband was bishop for a considerable time richfield utah and ama arizona were next their residences residence in turn at the latter place the decease ds health as impaired ana on the account and by reason of advancing years she was induced to come to salt bait lake clity city and spend the evening of her life with her daughters which she did her husband preceded her to the spirit world several years ago preston idaho standard the standard is once more called upon to record one of those sad occurrences which have been so frequent in our community of late the death of a bright and estimable eq young lady miss may FJ fjelsted elated occurred occur redon on monday morning last at 7 minutes to 4 of that dread disease typhoid fever which is almost an epidemic in preston deceased was born bom in logan utah and was 17 years of age the ath day of last february may was a most promising young lady was modest and unassuming and highly respected by all her acquaintances both old and young and the announcement of her taking off was received with profound sorrow and regret by every one who knew her especially ally among her young lady associates the funeral was held in the preston Ine meeting eting house on an tuesday at velock a number of sympathy sympathizing ig friends being present remarks were made by elders J 0 nelson E P F Uey josiah E hickman and others the remains were accompanied by ten young ladles ladies dressed IV in white six of whom acted as pall bearers it was a pretty though sad sight eight to add to the distress of the sorrowing home a brother of deceased edgar Is suffering from the same disease that caused the death of may the mother is quite ill III and the grandmother an invalid brother and sister fjelsted are entitled to and have the sympathy of all and the standard hopes they may find relief in the comforting influence of the holy spirit and realize that god does all for the best I 1 TUESDAYS DAILY OCTOBER 4 pleasant grove oct 2nd and 1898 the funeral over the late elder niels C heiselt Heia elt not hoffett Hiff ett as the news gave it yesterday was held at his late residence much sympathy was manifest by the several speakers A strange circumstance was that out of nineteen children not one was present at the funeral all but one were living at a good distance and that one could not be reached in time to attend the last sad rites color sergeant burton C morris returned at noon today from panama park near jacksonville florida clorida Pl orida where he has been stationed throughout the summer months as a member of troop I 1 torreys torreas Tor reys rough riders he is feeling quite well as compared with most of his comrades although he has considerable fever in his system he I 1 is very glad to be home again thought though his war spirit is just as high as ever had there been a prospect of further hostilities he would not have applied tor for discharge the thought of garrison duty in time of peace was not pleasing to him therefore his return home there are many sick among the utah boys as in other troops of the regiment and in consequence the work of the camp falls of a few it is not unlikely that several more utah volunteers will be home soon social and political cal circles were greatly shocked in this city and county today on the announcement of the death at an early hour this r orning morning n of hon albert spencer of T taylorsville Taylors a ville mr spencer pencer had been ill III for some time though his condition was not regarded as particularly serious antil a couple of weeks ago and even then it was not considered so dangerous as to make his family and friends apprehensive as to the result the immediate cause of his demise was typhoid pneumonia the deceased was a young man of nf ability and promise hla his integrity and honor were unquestionable in the community where he lived where in fact he was born and where he grew to useful manhood he was most loved and respected but he was well and favorably known beyond the limits of his own town in this city and throughout the county and state albert spencer had many admirers numberless numbers ess friends to all of these the tidings 0 of f his death come like a bolt of lightning from the cloudless skies blasting their brightest hopes and filling their |