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Show DAILY Laid In Their Final UTAH NOT BUILD FRIDAY. JUNE 2, 1905. JOURNAL. STATE PAGE FIVE. Resting Place DIRECTORS OF V. & T. WILL SIDER S. P. SCALE. CON- - OENS A Iaclfli-company- arsssrsirs Ler Tiffin 5i I.n ICO Juvenile Court At-tom- Police cio B9 Court Judges ed ex-offl- . ed Johnson Against the Southern Pacific GRAIN DEALERS ROBERT ASSEMBLY HALL TO in SALT LAKE. y ll ti lfiifil li: :: Tl.' ' t:i' i.n,i A .! ! t I,., 1 I'liieiilinn. ' ',,rI",,,r G.n '''"I ". i ll" 'f tin- - , rnmnm, ,,f Mel. mu,. ;t : i'. j,, 1 .X Plaintiffs Attorney Asked For Dismissal of Case Because of Ruling Made By Judge Marshall. W, O. John- The celebrated action of son against the Southern Pacific comImportance to the grain trade. tor (20,000 damages for the loss embers are on hand from Baltimore, pany Minneapolis, Milwaukee. Chicago, Buf-- o. of an arm, came to an abrupt terminIndianapolis and numerous other ation in the federal court at Salt Lake vines throuhgout the country. yesterday, when plaintiffs attorney.-W-. L. Maglnnla, moved that the ault be dismissed without prejudice and the motion waa granted. Judge Marlive "Makes Your Mouth Water shall ordering that the plaintiff pay the costs of court. The case had been on trial for two days. This la the action which waa carried to the supreme court of the United States and which that tribunal decided In favor of the plaintiff, sending the case back for The cause of the motion tor dismissal ' was a certain ruling made by. Judge Marshall, it appears that under a certain rule It is provided that when a brakeman Observes any defect In any of the working parts of any car on his train he should report the same to the conductor. Johnson observed the defect, but did not report It to the conductor, and Judge Marshall held that the plaintiff was guilty of contributory negligence. The real point at Issue Is as to what fake!" Btrawbrry Short-i- e would be defined legally as a demakS fT-th-e ,trwbrri and fect and It la on this point the difmust ba all to ference of opinion exists. A brake-ma- n th ,00 must obey the orders of his conueh,RlVERDAILEtheri? hen T ductor, and even though the couplings PHOENIX of a car are defective, he Flour. may be aent to couple or uncouple the cars, whethMADE BY er he has or has not reported the deOCDEIi HILUNG AND ELEVATOR fect to the conductor. The dismissal of the case yesterCOMPANY day will necessitate a recommencement of the entire proceedings. re-tri- al. ., I i. ,n. , I New Line of Typewriter -- ,y Hood Ribbons , Carbons, Desk Pads, Hectographs. 1 fum!i- address onimittees of Tit,. appointed mi resolutions, perncineiil oi iMiiittat ion j,, Suit md 1lu.r 'ountii-represented In the ronventinn ai.-- l state organization! uixihary to the imiinuul axso.l.itum. T lie morning program m a closed Willi an address l.y Senator A. s. Mann of Jacksonville, Fla., on "The Duly uf the ("overinneiit ip Rn;,,) M.-r- Uild-ItiR- Typewriter Paper, Swinging Desk Stands, Tables, Manuscript Covers. C 301 , Robert W. Burton died at hla home In Kaysvllle yesterday morning of old age and general debility. He was the son of James and Isabella Walton Burton and was born in Gayle, county of York, England. April 88, 1826. In company with hla uncle and the lute President Lorenxo Snow he caine Nau-vo- o in 1884. In 1851 he came to Utah and has since lived here. He was one of the men who went to meet Johnston's army and at the time of the Black Hawk war he led a commen from Davis pany of sixty-fiv- e county to assist in quelling the Indians at that time. He was called to the Salmon river country and responded cheerfully, he also was one of those who went to meet the hand cart companies and while many returned. Mr. Burton continued in the front rank and discharged this duty. When President Taylor and apostles were In hiding in Kaysvllle, he had charge of the young men who kept guard. In hla native land he learned the trade of a blacksmith. which trade he followed for a period of sixty years. He was also one of President Joseph Smith's bodyguard. The funeral will be held in the Kaya-vilmeeting house Sunday st 12 le o'clock noon. TEA If you knew us, we might not have to offer you money back. Tl v afternoon session, at 2 o'clock, included speeches l.y Mart in Hodge! director of the office of public roads !iniuirli-x- . liilte.1 lSntex government; Cidoncl T. P. Rixry and Diaries o'. Paiilielil. counsel for the national association of tlevela ml. O. The feature of the program was n "roundup" when talks and discussion were allowed. The feature of tonight's program at o'clock will be it stereoptlcon lecture by President W. H. Moore. A committee from the Commercial Tub escorted the officials of the Good Ronds association to Assembly hall this morning. five-minu- te Nn-ioii- t I Theatre j Lyceum WEEK OF MAY 29, 1905 Overture HISS F. J. KEELEY Song MISS PERRY HUTCHINSON AND HOOPER Comedy Son k nl Deafness Cannot Ba Cured applications, ns they cannot reach the diseased portion of the ear. There is only one way to cure deaf-nesand that Is by constitutional remedies. Denfneaa Is mused by an Inflamed condition of the miicous lining of the Eustachian Tube. When this tube Is Inflamed you have a rumbling sound or Imperfect hearing, and when it Is entirely closed. Deafness Is the result, and unless the Inflammation can be taken out and this tube restored to its normal condition, hearing will be destroyed forever: nine case out of ten are caused by Ca tnrrh. which Is nothing hut an inflamed condition of the mucous surfaces. We will give One Hundred Dollars nr anv cne of Deafness (caused by 'ntarrh) that cannot be cured by Halls Catarrh Cure. Send for circulars free. F. J. CHENEY ft CO.. Toledo. O. Sold by Druggists. 75c. Take Hall's Khmlly Pills for Conby local a. MASTER HUTCHINSON The Company in John Dillons Farce Comedy COUSIN BILL Matinees Tuesdays, Fridays and Saturdays Sunday Concerts 8 and 9 P. M. Next Week Entire Change of Program $44.50 stipation. AMERICAN HONORED BY DIPLOMATIC SOCIETY PARIS, June 2. Lewis Einstein, formerly third secretary of the American embassy In Paris, bur now connected with the embassy In London, today delivered an address at the anal Sonus meeting of the The ciety of Diplomatic History. meeting was held at the foreign office and the honor bestowed on Mr. Elnr stein was unique, an It' was the first time In Its history that the society had Invited an American to speak before It. The other sneakers at today's meeting were Frederick Masson of the French academy, and Count Emmanuel Harcourt. both of whom are among . the most distinguished his- CHICAGO AND RETURN Semi-Offici- torians In France. j Tickets on Sale Your groett mum. ywruuMuy If yMfaa't lil J May 27th, 29th, June 3d, 5th, lOth 12th VIA Union Pacific and Chicago, Milwaukee Sb St. Paul Line. None to Other Eastern Points Solid Through Train to Chicago CLAUDE S. WI I LIAMS, TICKET OFFICE: 106 W. 2nd South St. Coml Agent, Salt Lake, Utah. Better Than PEERY BROS' Wheat Flakes Try a Dish an i be Convinced Served Free at WilsonBros Next Time You Go East BE SURE AND USE THE Union Pacific and Chicago, nilwaukee & St. Paul Line THE ROUTE OF THE Overland Limited THROUGH CARS TO CHICAGO. Grocery 150 Easy acquaintance. Phone 2S2 ." Reduced Rates Note- 2tb street K Jit DFCD JFT W. BURTON DEAD. Passing of Man Who Had worthy Career. Schilling. Dull i , rexpouded to the The Nation,, t;()lll n11:lll . 3 elali. Tl,.. fo, w r tlie NOTICE. m. Avon. t ,"lK .iXMhiuti.ni ' M.n.-iiient- 1 order .1 like part r t i nn-eil- i, .iddi't-s- r. rvprrseii- - s,niii-H):ni- Mel.,-- .i '"'''1I'leKl.leni s ii s llt lull,. Mere x.mii xl. He. in i - Of niorn- - t !iIm ; .I'mi:!. in. -- for uiueiiliun k "f ;til si'i ti.iiis. 9.0m Ca . .i ,i i 41)2-40- IN 8E8SION AT NIAGARA NIAGARA FALLS. N. Y.. June !. The Grain Dealers National association opened Its annual convention here today. The sessions will continue over tomorrow and will be devoted to the discussion of numerous questions of nlt.-nde- Albart Gross Sustain. Painful Injunaa Mf wtUon. CreditBut H Will Not Bo Permanently ors will preaent claims with vouchers Crippled. to the undersigned at the law office of George Halverson, Esq., at Nos. K.'rlex building. Ogden City, AlLiert Grose, the young soli of Wil Utah, on or before the 10th day of Or- Main Grose, of 566 Twenty-firstreet, totier 1905 was run over by an Ice wagon in front GEORGE C. WJLRON, of hia home about 11:30 this morning! Administrator, ! of first publication, May 21. '05.) and sustained painful injuries. The young lad hud been playing "Now. sir," sii.l the lawyer, cross- about the wagon and w'as climbing be- tween the wheels when ihe team start- examining a wltue-s- . "your answers am afraid you ed. throwing the lad In the ground, are nut satisfactory. I are slightly ambiguous. the wagon passing over his right arm Witness (with great indignation) and the heel of his left font. A large I am nothing of the kind, sir. I'm a piece of flesh was gouged from his strict teetotaler. Chicago Journal. st Is Present, Rep re.entat'ie of All Sections of the State. L Fn IN DAY Large Attendance the service. held at the Third wanl RENO, Nev., June 2. Those posted About 230 people took advantage of attended by house and were matters in railroad debelieve relaWeber Stake academy excursion that the the and friends gathering of velopments of the last few days por- to Lagoon yesterday and everyone of deceased. Urrf the 11 opened the tend the sale of the Virginia & True-ke- e I them reports having hud a most Elder Thoinaa waa followed . time at the resort, which they ith prayer and railroad to the Southern eport has been beautified In many now presents a most InA meeting of the atockholders of the respects and viting apiiearance. Virginia & Truckee has been called The occasion was the regular spring for June 24th at Carson City when u Held meet excursion of the Weber Stake proposition for the sale of the road ncadeiny. The field events and base-u- ll games occupied the greater part be submitted. will -We Are Gathering Home, of the afternoon. The game of ball of In event the the purchase by the scheduled i Know That My between the academy and nd Ear1 after which the choir Southern Pacific of the Virginia & Hooper teams resulted in a victory Truckee that company win doubtless tor the former by a score of 12 to abandon work on the Ha sen cut-of- f, and the sleeping." victory furnishes another scalp of the despite the fact that a portion of the for the undefeated Weber Stake acadprevious to the forming C. road has been proposed already funeral cortege. President emy team, and ends the season with a offered the closing prayer. graded. record. The team haa made a the The Virginia & Truckee road waa clean most enviable record during the past malns were Mid to rest in waa O. D. Mills built and hla associates by Citv cemetery. The grave every school and has always held the key to the season, having defeated note team of in Utah. and college any southern Nevada country, and as such Agricultural collge and It has been a big dividend payer. All Including the LTnlverslty of Utah team overtures for Its purchase by the ball game between the regLegal Battle In Southern Pacific have been turned Another and teams of the Instiular faculty down by the atockholders of the road. a was tution of the day and refeature When the Carson and Colorado was sulted In another victory for the forSouthern the Pacific the purchased by 7 8. The features owners of the Virginia ft Truckee mer hy a score of to m this came were the pitching of Prowere persistent In their refusal to sell. fessor McKendrlck and a home run by to the Humilia- - A tariff T C. Morris Objscts arrangement was entered Into Professor McKay. District and Son His of between the Southern Puclflc and the tion The evening was spent in dancing. Will Amond Complaint Virginia ft Truckee, but the owners The partr returned to Ogden st 11:80. Indeas to it an continued operate "he excursion was In charge of Travpendent line. It is now said that ar- eling Passenger Agent A. B. Mosley of oi In the history time first the For was a rangements are being made to finally this city. the local Juvenile court there of the consummate the deal which haa for Jurisdiction legal battle over the so many years been projected, but court today- which was never accomplished. T. Ex-Offiaon of a weeks ago Several at present work on the Haxen court charged cut-o-Just was before the ff is partially suspended by reawith frequenting saloons and gamblHold son of the restraining order gotten out re-.waa time the at and ing houses, Hasen the J. of enjoining Hlgman by every to report and ordered company from building through his officer. Saturday to the probation land . matof the learned Morris Mr. When to not aon appear his ter he ordered Culprits Objsct to Judge and Are WILL ASIST MOFFAT. Jacobs Granted a Change of and when Probation Officer 2. June Senator DENVER, Cola, Venue. called upon Mr. Morris to learn why W. A. Clark, copper millionaire of his aon had not reported, Mr. Morris If Judge Montana, will assist in building the is alleged to have said: I Moffat road by buying the bonda of the In the absence of Police Judge Murown business, his mind will Patton road and lending hla Influence to aid phy this morning the Judges win mind mine." In securing a right of way for the road of public morals, who are the police As a result Judge Patton cited Mr. allicanon. Gore This the reporters of the two evening papers Morris to appear before him as being through ance with Moffat ia the first step in Jailer Critchlow and Patrol Driver in contempt of court. In answer to the work of building a transcontinenLayne, served aa officers of the court. Mr. Morris appeared Atwhich from the stretch will line tal was Mr. Critchlow acted aa judge, the and this summons ijiorning the lantic to the Pacific. reporter of the State Journal filled the accompanied by his attorney, M. D. The Montana man already has built office of clerk of the couit, William Leisenger. the San Pedro, Loi Angeles ft Salt Hughes, reporter of the Standard, actDistrict Attorney Halverson appearLake road, lately opened to traffic. ed as prosecuting attorney, and Offied for the prosecution. He is friendly to David H. Moffat and. cer Layne waa star witness and bailIpon being ssked by the court why ' he wM not accompanied by hla aon it is said, has made proffers of his aid. iff. connecThe first case was that of Yen How. Mr. Morris said: 1 told him not to The Moffat road operated In Montana senators hold- a Chinaman, and as the clerk was not appear. I do not object to this court tion with the conor to persons advising my, children ings would mean that he could familiar with the charge against the Denwest from traffic of the retrol the aon to chink. he recommended that the yelI do object but having my ver. low man be fined 85 on general prinport here every day or two. I am here Senator Clark has set no definite ciples, as the court officers needed the In contempt of court, and X plead for his departure and is expect- money. His attorney objected, howchild of time will a I not have guilty. But mine humiliated, and I Bay that you ed to remain here at least a week oi ever, and the case was continued uncannot produce evidence that my boy ten day til tomorrow. has committed a crime." Miss Llttlepage and Miss Johnson, CONNECT WITH CLARK ROAD. the two ladies of color who had a mix-u- p District Attorney Halverson suggBEATTY, Nev., June 2. While Borstreet on Wednesested that the complaint be amended, on Twenty-fift- h ax Smith is believed to be negotiat- day night, requested a change of venue and asked Mr. Morris if he considered the Juvenile court law constltutlonaL ing with both the Santa Fe and the and insisted that Mr. Hughes of the Mr. Morris said: "I believe the law Clark lines for connections with his Standard, who they said was their Is constitutional, but I maintain that proposed Southern Nevada road. It lr friend, occupy the bench. On motion the boy has committed no crime." generally believed that he will make of Mr. Hughes the change of venue Mr. Halverson said: You are not arrangements with the Clark com- was granted; but Judge Murphy will the Judge. Mr. Morris. The boy is pany and that his railway will run try the case. from Las Vegas to Beatty and thence charged with the alleged offense." The most dangerous criminal before Mr. Lessenger broke Into the procto Goldfield by way of the Amargoaa the court was David Jensen, erstwhile eedings at this time and demanded river. This would give him the eas- clerk of the municipal court. Mr. that he be shown the complaint. iest, though not the shortest route Jensen was charged with being unHere Is the complaint. Mr. Lesaen-ge- r. and save much expensive engineering lawfully drunk and although there was said the district attorney, hut work. Several corps of engineers are no evidence in support of the contenpm have no right to try to bulldost still In the field making surveys for tion, he was. upon the recommendathis court, and I object strongly to Smith and hia associates. tion of Mr. Hughes, , fined the drinks such methods" tor the court officers, and as he had Mr. Halverson recommended that not the liquids with him court was the complaint be amended to conform to meet In ten minutes in an with the facts In the case, and upoi thirst parlor,. adjacent his recommendation the case was continued until June 8. at 4 p. m. rir-- i.f hla left the lad and ,,r totes ihat while the injuries are paln- will in ini wiy .ripple the fill iln-ADMIN ISTRATOR'8 af-th- Sr at llfl0n and the liny. j WEBER ACADEMY STU STAKE DENTS SPEND PLEASANT DAY. H. Farr, remain of Mre. Mary T 29, ued away on Monday. May Montana Millionaire Will Likely Back Academy Baseball Team Wina Another of the heart, were laid In the New Moffat Road On His Victory By Defeating the ,wlri resting place yeaterdayPeter Way to Denver. j Counsellor Hooper Nine. Bishop1 AwfTrS I : L CUT-O- FF Ware af Mr Mary H. Farr in tha City Cam.t.ry o llfnXnn An Da DV All ICv HAZEN Yaatarday Aftamoon. riglM fnrearin. f.iot l.rokt-li- . Boy Run Over THE STATE TO W. 28th Street FRIDAY CLAUDE 5. WILLIAMS, Commercial Agent 106 WEST 2ND SOUTH ST SALT LAKE CITY, UTAH. |