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Show DAILY EIGHT. PAGE UTAH STATE JOURNAL. FRIDAY, FEBRUARY 10, 1905. Matinee Grand Saturday GRAND ft U The Lighthouse Robbery OPERA HOUSE With every ticket a chance on CITY COUNCIL Valentines IOc - 20c ce M Chamber Suite, value $35.00, on exhibition at Ogden Furniture & Carpet Co. Ssy The Notorious Mrs. - Cay- OF IN SPECIAL SESSION We have an at- tractive variety at prices from HIMSELF FILED HIS ANSWER LIBERTY MAN GIVES ATTORNEY'S SALARY IS RAISED HOWELL UP TO THE SHERIFF. THIS AFTERNOON. FROM $1,200 TO $1,500. lc to $6.00 Persona Using Electric Sidewalk Signs Taking of Testimony Will Begin Election Contost on Monday Must 8ccurs Permission From the Council. Morning. ROSS BOOK & STATIONERY COMPANY. j LOCAL BRIEFS Notice the big Bd on puge 2. See the Woodmen ad on thla page. In aplte of the cold and freah snow, all tralna Into Ogden have been on time for the past twenty-fou- r hours. comThe Independent Telephone pany haa Installed a long distance booth at the Union depot waiting rooms. Holders of the following coupons are entitled to $5.00 coupon books at the Steam Ogden Laundry: 190 SO, and 41044. The Men's club of the Congregational church will meet thla evening. It will be session of the High Court of the King's llench. FREE Hair singeing and clipping with every shampoo; also Beauty Cup all this week. Edith Massage Bolre, 412 26th St. Bell 'phone. S35-Mrs. H. K. Josslyne and daughter, lluzel, left on Southern Pacific No. 5 today for an extended visit with friends and relatives In San Francisco, California. It was learned today that fifteen men were Indefinitely laid oil at the Southern Pacific car ahopa yesterday owing to the usual shortage of work during this time of the year. Oregon Short Line engine No. 1010 which haa become famoue at thla end of the division on account of the appliance to It of the "Monkey Motion," haa been sent to Pocatello and la now running out of that end. It Is stated that a new Implement company Is to be established In Ogden, known as the Burton implement company. It will be capitalized for $100,-00- 0 and will probably occupy the old Oeorge A. Lowe building. Jaiuee 8. Carver & Sons, the grocers, have moved into a more commodious store room, two doors north of their former place of business. They now occupy the building formerly used by the Utah Knitting Works. Marguerite O. Burdick, the daughter of Mr, and Mrs. E. O. ltunllck. of 570 Twenty-fift- h etreet, S0760 i Z. two-year-o- ld The city council met at an adjourned meeting last night for the purpose of continuing the revision of the ordinances. Several Important ordinances were taken up. The body voted to Increase the salary of the city attorney from $1,200 to $1,500. This additional salary will not go Into effect until after the expiration of the present incumbents term of office, according to the state statute. The ordinance regarding the permitting of signs that project over the sidewalks, which has been the source of so much discussion and trouble, wu revised only after another long siege. Aocordlng to the former ordinance electric signs used about the city were not permitted to extend over the sidewalks. Under the new one, they will be allowed providing the person desiring to use them secures the permission of the city .council. An ordinance fixing the compensation for the councllmen acting on special committees at $10 per month, was also taken up and disposed of. In aplte of the many special revision meetings there are still a considerable list of ordinances to receive attention and several more meetings will be necessary before they are The patrons of the Weber Stake academy are admitted without charge to Madam Kunx Baker lecture on "Parsifal." Show your season tickets at the door. died today, after an illness of one The date and week, of lyratlnltls. place of the burial will be announced later. , The many frlenda of Arthur Anderson of this city, who waa taken suddenly 111, first with typhoid fever and then with diphtheria, while attending the Chicago Art School, will be pleased to learn that he has again entirely recovered and resumed his studies. A new national bank ia soon to be established in Iiyton, Davis county. The organisation has not yet been perfected, but It la known that several business men of Davis well known county, with some from Weber county, are preparing to launch the Instituwill have a capital stock tion, whk-of prolutbly $25,000. At present there Is no bunk of any kind in Layton. MASQUERADE BALL WILL BB GIVEN BY THE Woodmen of the World DEGREE TEAM Feb. 14 KIESELS HALL This will surpass any other event of the season. Grand prizes for best sustained character and best costume. Burlesque Drill Gentlemen, 50c ; Ladles, 25c. GREAT t SEDUCTION t SALE t OP Silk Candle Shades Before taking stock we will dispose of our entire stock of Shades and you ought to take advantage of these reductions: $5.00 Shades (Silk) will sell at $2.50 $1.50 Shades (Silk) will sell at $1 50 $2.25 Shades (Silk) will sell at $1.00 60c. Shades (Silk and 30o liiper) will sell at J. S. Lewis & Co., Jewelers At the Clock in It was fully 10:30 this morning before business was resumed by Judge Morse In the Second district court in the hearing of the Hamer-H- o well election contest This delay was caused by counsel for the conlestee not having their motion to strike out many of the amendments to the statement The courtroom was again prepared. crowded with spectators. When the court did get to business Judge Maglnnis stated that they had served and filed a motion to strike out of the amended complaint certain mat- ters. Judge Powers objected to the motion on the ground that it came too late; that the ground it covered was covered by the demurrer and that It should have been filed at the time the demurrer was filed. Judge Maglnnis claimed that the amended complaint was subject to all objections. He assured the court that the motion waa not Interposed for any purpose of delay; that they desired no uncertainty in the matter, but only wished to be fully advised as to what they had to meet. The court allowed the presentation of the motion and Judge powers objected to the ruling. The motion, besides asking that the amended complaint be stricken out en tirely, requested as an alternative that a number of the be eliminated and that in every section where the words and through other persons acting for and In his behalf and for hia benefit" and auch other electors of the Second Judicial district whose other and true names are to the contestants unknown" occur, that they be stricken out. The motion was granted. The allegation that Burdick Induced oihera to vote for ns Howell waa allowed to remain, subject to consideration further on In the case. A, which fulled to state the number of votes cast for the contestant or conlestee was stricken out D and E were also as were N and O. as they did not set forth the names of the persons who were alleged to have received bribes. The consideration of the motion occupied the morning session. Judge Morse asked if they were prepared to begin hearing evidence this Escaped to Canada, But Returns Fact the Chargs Against Him. Alfred Penrod, charged with adultery, gave himself up to Sheriff Bailey today. Penrod is the man who Is alleged to have maintained intimate relations with Janie Burt, a girl about fourteen years of age, and who resides Ht his home In Liberty. Sometime ago the officers visited Liberty to effect his arrest. He was not at home at the time, but his father promised to see that he appeared at the sheriff's office when required. Pen-ro- d, however, was notified in some way that the officers were after him, so he made a journey by night across the Cache divide, down North Ogden canyon to the Hot Springs and, catching a train there, started for Canada. From that time, about January 20th, he haa been at McGrath In the Dominion, but at the solicitation of his friends, he returned to face the charge against him. The officers have all along been working diligently on the case. .Penrod Is the father of a number of children. Some time after the Burt girl went to reside with him he Is alleged to have commenced a course of linproiier relations with her and these relations have lasted for several years. Some weeks ago the girl gave birth to a child and It was then that his offense became known. He waa taken before Judge Murphy thla mornig, waived hla preliminary examination and the case waa continued until this afternoon, when his bond was fixed at 31,000. Joseph Rhodes and 'the defendants brother, Oliver A. Penrod, went on his bond and he was released. A State Journal saw Penrod at the sheriff's office this morning, but he would make no statement for ufter noon. Mr. Heywood said they would file their answer but he did not desire to begin the taking of testimony this afternoon. Counsel for the contestant said they were ready to proceed at any time and desired to proceed with the case with out delay. Judge Morse, however, did not de sire to do anything that would work an injustice on the contestee so the witnesses were excused pntil Monday morning at 10 o'clock, when the hearing of testimony will begin, as there will be no session of court tomorrow. Thus the entire week has been con-- j suined In the discussion of technical objections and probably the end of that phase of the case Is not yet. AFTERNOON SESSION. On resuming Hfter lunch the court formally overruled the contestee's demurrer to the amended statement. Mr. Kimball then filed contestee's answer to the statement of which the following is a copy: Comes now the contestee and answering the statement of complaint on file In the above entitled matter, and not waiving hs objections to th Jurisdiction of this court, heretofore made, and not waiving his demurrer, hut expressly reserving all the matters raised In said objections and said demurrer, 1. Admits nil of the allegations contained in said amended statement or complaint. In mra graphs 1 to 6, inclusive thereof. 2. Denies each and every oilier allegation contained in said statement or complaint. 3. And further answering said amended statement or complaint, and C thereof, contestee alleges that in said Hooper city election district No. 1. the 67 votes therein mentioned as added to the returns by the board of canvassers were actually cast in said election district, and cast for said Howell. ThHt there were actually cast in said election district at said election 125 votes. That the poll book returned by the Judges of said election to the county clerk showed, and does show that the said 125 votes were actually cast. That of said 125 votes so cast, 85 were cast for the contestee and 34 for the candidate Henry H. Rolapp, and by the election Judges so returned to the county clerk to be canvassed by the cnnvasslng hoard; and said 85 votes Included the 37 mentioned m said subdivision C. Further answering said amended statement or complaint, and for defense thereto, contestee alleges that at the election of November 8. 1904. held In said Second judicial district, the said contestee was. at the time of mid election, a duly qualified cltlxen and resident of 'Weber rounty. In said Src- sub-divisi- Case Against Him for Alleged bezzlement Dismissed and He Goes Free. . Lust Saturday, In Em- the Third district court, before Judge Maughan, Herbert H. Carter, an agent of the Singer Manufacturing company, who readers of the State Journal will remember was charged with embezzling $800 belonging to the company and 'arrested for the alleged crime, waa tried on the charge and his innocence clearly established. The motion to dismiss was made by the prosecuting attorney and was simply an act of justice. Carters attorneys were Judge C. H. Hart and George Q. Rich. The Logan Journal states that "Judge Hart gave the Singer comitany a proper roast on account of the contract that it compels ita agents to sign. He said in court: We are prone to regard Shylock as the embodiment of selfishness and cruel exacting greed, hut Shylock would have been ashamed to have demanded such an unconscionable contract as . this. "This contract, among other things, provided that Carter must sell at least two machines a week. If he failed In any one week he could be discharged, and would forfeit all the commissions due him on other time sales that he had made. So when a time came that the roads were Impassable and the sales couldn't be made. Carter fixed up a dummy, or false sale, paying the first payment on it out of his own A ve. Positively the Greatest Attraction Ever at the Utahna UTAHNA THEATRE sf r sf This Week g g g ONE GOOD BRASS BAND. In days of yore Ogden could boast of having one of the best brass bands In the state the Ogden Brass band. At the present time there are many good players of band Instruments and several small bands, neither of which la as good aa the city is entitled to have and which she should have. Thla la something which la of Interest to all who believe that nothing la too good for Ogden, and the suggeatlon haa been made that now is an opportune time to organize a brass hand which will be an honor to the town and & constant source of pleasure. There is little doubt that the services of a competent and experienced band leader could be secured, such, for Instance, as the well known musician and band muster Will Emmett. Thla item Is written In the hope that some definite action will soon be taken in the matter and an organisation effected. B. AT UTAHNA. The masquerade ball at the Utahna MASQUERADE KENNEDYS Restaurant Bakerj Open 6: 30 a. m. to 12:30 a. n. ft park pavilion last evening wu best conducted affair or Its kind at the park this season, and wu t tirely free of anything that would the evening's enjoyment The tumes were all pretty and origin" F a most difficult question fofof Judges to decide the winner prizes. . C. S. Wheelwright, as a "ho " IaT, Miss Alice Burnett squaw, were the winners of the pw Did you see prices quoted Hub stock sale ad? i pocket. "This, of course, was done to save his Job, and the company lost nothing by it. for when he made a real sale then he did not report It, but turned the money In on the dummy sale. Carter did hia work In a careless manner, and on the face of It It certainly looked like emhexxlement. but It wasnt anything of the kind in reality." ond Judicial district, and was, at said time, a duly qualified and registered elector of said district, and had, and still has, all the qualifications making him eligible to the office of judge of said Judicial district, and he further alleges that at aald election there was a total of 18,359 votes cast and polled for the office of Judge of aald district, of which number. Hon. Henry If, Rolapp received 6.596 votes, and this contestee 6.763 votes, and a majority of aald votes, being 167 in number, were cast and polled for this contestee. Wherefore, contestee prays Judgment that said contest be dismissed, and that he have and recover of the contestant hia costs In his behalf Incurred. The answer was duly filed by the clerk and court took a recess until 10 a. m. on Monday. Judge Powers and Judge Morse left for Salt Lake thla afternoon. Judge Powers will return on Sunday evening. 4- Wash SERENADERS CARTER INNOCENT. Sub-divisi- Sub-divisio- ns THE ROYAL MEXICAN Are You Restless at Night And Bn Ha. hn-ass- ed 1V a bad cough? Usej se- - j cure you sound sleep and effect a prompt and radical cure. 25c. 5fle and M.nn. Sold ly Geo. F. Pave. us llorehound Syrup; It will Boys Knee -- Pants Suits Price 1 2 AGE8 3 TO 15 YEARS. This remarkable reduction applies to every boys knee uit in the store. Some are some single. wlt 0 Some are suits with vest, others e It represents Every price is In plain figures. half. price, but from these figures you may take In the lot are suite to wear now in the spring. double-breaste- YQUR d, i Price CHOKE WRIGHTS CLOTHING STORE -- rV |