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Show THE HORNING B. 8. Wyatt, of the C. A. Smiirih-wait- e Produce Company, left yesterday for Ban Francisco in charge of seven car loads of Nebraska hogs to le delivered to the Ban Francisco markets. ml SCHOOL HOUSES S. Rosenbaum was up from Structures Cannot Be Let For Balt Dancing. Lake yesterday afternoon. "fVOA-s- Mr. and Mrs. G. F. Roberts of Inde- ? ThcThrecGraccs Would havs took to thoir laurels H fhcy entered Into competition the beauties ws are With show-l- et " Mrs. E. P. Colt man of Idaho Falla returned to her home yesterday. While in the city ah ewas (lie guest of Mrs. 11. H. Spencer and visited her daughters, Mabel and Alice, at the Barred Heart academy. Spring Neckwear marvelous There's nothing about this stock it was all carefully designed, conscientiously made.scrupulously Inspsctednd ie offered for sale now at prices that will make you look twice when you eee the goods. Select Your Easter In the dial Act court yesterday before Judge Henry H. Rolapp, Michael Riley entered a plea of not guilty to the charges of housebreaking and petit larceny and the case wae eet for trial with April 7th. Riley la charged breaking into a room in the Central hotel and carrying away a valise full of wearing apparel. Boren X. Christiansen of Balt Lake City was In Ogden yesterday afternoon in response to a message from Jack Ties Now Shield Tecka, Cravats, Four-in-hand- s, Ascots, Imperials, BO cents. Clubs, Band and Shield Bows, Cents. Twenty-fiv- a Once-Ovsr- pendence, Kansas, were Ogden visitors yesterday afternoon. s, Examiner Telephone Numbers! la the day time call up 23IX er call at No. 407 $4th street At No. Bight after 7 p. in., call ap IB standard Building. Furey, who desires that Christiansen defend him in hla trial in the district court. The preliminary hearing which cornea up In the municipal court on April 6th, will probably lie waived, as about the same testimony used in the Hickey and Monroe case will be used In the Furey case. In the two latter rasea aa well as the Wella case Christiansen appeared aa attorney for the defendants Dr. H. Talbot, one of the most noted orators in the weat, will preach at the First Methodist church of this city next Sunday morning and evening. Mica Ruby Stahr slipped to the floor last night while dancing and dislocated her knee. She will he confined to her home for a few days. Seven car lot da of Wyoming hogs passed through here yesterday for the Ban Francisco markets. Henry E. Wallace, manager of the Salt Lake branch of the National BisIf you want cuit Co., and hla son George H. Wallace are in town yesterday on busiMr. J. C. Phillips and Charles W. ness. In are Senator of Clark, Clark, son town from Butte. Geo. M. Hanson, who has been suft fering from appendicitis, and whose J. C. Kutnewsky, general manager condition the past few days showed of the Equitable Life insurance Co. for some symptoms, had a decidalarming In Ogwas the Intermountain country, ed change for the better today, and la den on business yesterday. now much improved. Dr. Conroy says with absolute quiet and no unlooked We have the ability and the material for complications, the ease la only a Brown Drug matter of a week or ten days' cnvales-cenc-s. to fill your prescription. house, see W'edell. company. Alfred Rees, a prominent resident The wholesale houses are suffering of Spanish Fork stopped off in Ogden temporarily owing to the very bad con yesterday to visit with hla cousin, Wm. ditlon of the roads. They find It imB. Hughes. Mr. Rees to on his way to possible to get freight delivered In the Idaho. country districts. A very optimistic view to taken, however, as the abund' I Manager Beelee and the Chicago ant snowfall gives splendid prospects National League baseball team passed of a good business year. This to esOgden yesterday. through They pecially looked for In the sections of went east over the Union Pacific and dry land farming. will play In Denver on Sunday. The McKinney disturbance of tbs You ran trade directly "Off the peace case occupied Judge Howell's atThe case was Board," on official Western Union quo- tention yesterday. tations direct from New York and Chi- continued to April 7th when it will be up again. The case of the cago Exchanges.- - Books on speculation brought Btato vs. Mrs. Jane Green and Mrs. L free. Best bank references. Cutty G. McKinney, on the charge of forgery, mings Commission company, Ogden was taken up In the afternoon. branch, rooms building. to Hulaniakl Count Attorney stale and T. 11. Johnthe representing About seventy United States-bluson to retained aa counsel In Mrs. MJackets from the ships of the Asiatic cKinneys behalf. W. W. Croasnion squadron passed through Ogden yes- and Chas. Stout have been examined as terday. They are discharged and re- witnesses for the prosecution. turning to 1 heir homes In the east, and sty they have seen enough service In Owing to the falling off In business, Asiatic waters and do not care to re the Rio Grande Western baa made enlist. some redactions In the yard force here. Night Foreman Wilson baa been laid Mr. M. G. McGuire, of tho tow firm' of off. and Night Yardmaster J. Wagner MrCuIre, Martin and Baker of Chicago will do double duty, acting both as is stopping In Ogden for a few weeks. yardmaster and awltch engine Mr. McGuire to a brother-in-laof Owes Dermody, the young man who was killed In the Jackson explosion NOTICE on ,he Luein cut-ofand to closing P the deceaseds affairs here, and looking after his personal effects. Mr. It to reported by our competitors, Mcf.uire is delighted with the country In here and thinks of Ogden and vicinity, that the Ogden bringing hla fam fly hers to spend the summer. fonr Ogden Implement Company Branch) to going out of business. This to b,,er o to to give notice that such report to tab. Is la Ogden on business. not TRUE. If the Ogden Implement Company should ever go out of business at any time, the Utah Implement HEADACHES FROM COLDS. or some other reliable firm 'TVE BRMO QUININE n-- Company will continue the same line of goods, "W. To get the genuine and farmers ran always get repairs of nam MJ for the us In Ogden for any goods they have nature of E. W. Grove. 25c. or may buy. Wa wish the hearty support of old customers and welcome all new ones, and we guarantee prices to be below all competitors. Yours respectfully, UTAH IMPLEMENT CO. 219-22- 0 w FARMJIE JntGlr S?1.8 1 r n s Me s PR ING S U I T Made by the Best Ckrth-J!1- ! House in the United Stales .... If you want a good fit If you want quality If you want fair price Call and Investigate the new line of Mens Clothing at McCreadys ALd then wa know you will buy At 161163 Street, ONE-HAL- F 25th BLOCK FROM UNION DEPOT. NEVER UNDERSOLD. NOIEDjnilST Will Speak at a Series of Special Meet Inga at ths Baptist Church. A series of special meetings which will attract unusual attention In this city will begin Sunday night at the Baptist church. For some months the members of this church have' looked with Interest to the coming of Rev. D. L. Lamkin, D. D., tha noted evangelist, who has met with such wonderful success In other cities. Dr. Lamkin to an orator of marked ability and hla powerful presentation of the gospel truths wherever he insures wide interest goes. He will be here only ten days but while here undivided attention will be given to this work. Members of ether churches will, no doubt, receive great benefit and men and women who are not Identified with churches will do well to hear this forceful speaker. Rev. Wright will preach Tuesday and Wednesday nights, and Dr. Lam-kl- a arrive win Thursday after full charge have and that data, Sunday night Rev. Wright will Illustrate with atereopticon views the famous song, "Palm Branches." Mr. Wright will also use the atereoptl con on the following erenlnga so that many who do not bsvr the oppnrtjin-lty- , of seeing these beautiful Illustrated songs on Sunday nights' may see them now. Decision ia Rendered in the Noted In- junction Cats at Warreiu SATTI.PAY M(I!NlN(i, TAM, 5 ' IMt. MATtCII Most of the Men Don't take very kindly to rubbers and ibe result is their shoes are generally in a broken condition when . the present sort of weather is on. Now, the men would do well that is, those men who don t wear rubbers to come in and Luy a jtair of those sturdy shoes which we are selling at $2.85 a pair. They are built to stand this snow and mud and water to a great degree and when the weather brightens up they can be slicked up. and they are as good as We are Ear advanced in the matter of Mens Moderate Priced Shoes this Spring. wm-- pu-pl- l. e, eec-on- - W. H, Wright & Sons Co. r.-- KEARNS KOI A CMDATE Foi Iowa ths Lead of Senator Smoot and Congressman Howell, The Standard saji-- : Kearns has follower! the lead of Smoot and Howell in declining to go ae delegate to the national convention, as will be eeen by ibe following letter that baa been received from tbe senior Senator: Washington, D. C March 5. 1904. My Dear Sir: I have your letter of recent data In which you ask me whether I shall be a landidate for delegate to the Republican national convention to be held in Chicago in June next. I desire to say. In reply, that Representative Howell has informed me that neither he nor Senator Smoot would permit his name to go before the state convention of Utah for nomination as delegate. Bo far aa I am personally concerned, I desire to. lay moot emphatically tbal I will not be a candidate for delegate to the national convention. The Republican party of Utah has been very generous to me, and I feet that In the Interest of party harmony It would not be advisable at this time for me to aak further honors at ita hands. The state of Utah has man able and representative men who have deserved, but have not received, any honors at the hands of their party, ana I am of the opinion that such men should be selected ax delegatee to the national convention who would be not only satisfactory to all Interests In the Republican party, blit whose selection would insure a cohesion of all the force which will he needriil for success at the polls next Novemlier. 1 am sure you will believe me when I say that the ileal re for Republican supremacy in the state of Utah'so far exceeds any personal ambit Ions, that I cheerfully forego any desire that 1 might have had to secure so honorable a distinction as a delegateship to tbe national convention from the state of Utah. I respectfully stiggeat that, tn the In- -t crest of party harmony, you and my friends in Utah attempt, by all honorable means In your power, to carry into exeeutlon not only tbe totter but the spirit of this communication. PHY OF DEATH QUESTION OF ' t Comes Up In the Settlement of the Estate of the Burke Family Killed Cut-off- . by the Explosion on the In the probate division of the disL. Burke has filed of administration letters for petitions In the matter of the estates of hi J. brothers Thomas W. and Willis Burke, who were killed in the explosion at Jackson, Utah, on February 19. 19U4. In the matter of the esUte of Willis J. Burke the petitioner shows that the deceased at the time of his death was a resident of Hennessey, Oklahoma, and left an estate of .wages due from the Southern Pacific company of 162 and a cause of action gainst the company, also eighty acres In the county of Kingfisher, Oklahoma. The petition Mates that said deceased was killed by an explosion that happened on the Southern Pacific railknown as way on what is commonly cut-ofThat at the the Ogden-Lucl- trict court Ernest n Wlirthrr Banker er Mechanic you can figure oa and long wear in & Alexander Hats. They da not ttrrtrh tit of ihapr or fade and the Hitching doeio't turn into aa erven. unsightly When you wear a Longlry, Low ft Alexander hat you are pro! tried by a guarantee. The same moury that will get you a common hat will buy you a Longley, Low & Alexander, Elk brand. Longley, Low A Alexander glovea and caps arc fair ia price slan, but way up in gaodnras. Walk to some of liieae daya and ace. -. The injunction m-issue, neither party to tax witness . . all other routs to be taxed agaii.M the defendant trualeea. Judge W. L. Magimii apiieared for the plaintiff and Me-- rs. llulanlnkl A Feery for the defendant. le Longlcv, Low - t.-i- In the district court yesterday Judge Rolapp rendered a decision in tha case of J. T. Terry va. Joseph Carver and others, trustees of school district No. 2 of Weber county. In tho derision the court holds the trustees cannot let the school house for public dances. The decision Is as follows: The plaintiff, a taxpayer in school action district No. 2. brings this against the school trustees of the district for the purpose of obtaining the decree of this court enjoining them from permiting public and private Warren dances to be held in the school house, an edifice erected by public taxation within the district for educational purpose. it appears from the evidence that the Warren school house has two class rooms, but that up to about Thanksgiving day of last year only one of the rooms was actually used for school purposes. That up to November 25, 1903, no desks or other school furniture had been act In place In the room not occupied. That at no time were the school desks In either room attached to the building in any way, and that a par at the desks used by the school belonged to a local religious organisation. That this relic lous organization, by lease from the trustees, occupy one of the rooms for various religious meetings, and that whatever public meetings the citizens of that community desire to convene re likewise held In such room. It further appears that on July 24th and on November 26th of last year a dance was held In this same room, and that during at least the latter dance the desks were removed from the center to the sides of the room; that the general public were Invited and admitted to these dances, and an admission fee charged for the purpose of defraying the expenses. That on December 11th another public dance was intend ed to Jie held, but before the holding thereof a temporary Injunction was Issued, and the trustees caused the dance to be cancelled. That only one of the trustees of the district lives In the immediate vicinity of the school house, and to him to entrusted most of the business relating to that particular school house. This trustee to shown to have been present at both of the dances In July and November, but disclaims any knowledge of the dance of December 11th. A hearing was had upon the preliminary injunction before this court in December, and the Injunction dissolved upon the ground that the evidence failed to show any Intent or threat to continue the unlawful use of the school property. In the afternoon of New Years the school trustees permitted the dayle of the school to have a dance In one of the rooms, and for that purpose the desks were removed as before, and at night the school trustees again invited the children and their parents to attend a dance, at whlrb tha general public was also admitted. Again, on February 19th. a concert and recital was given In the afternoon by tha school children, under the supervision of their teachers and the trusses, and after the recital the desks were removed to the rides of the room and school dance engaged in. At night the children and parents were Invited and the general public admitted as before to a dance held in the same room. Upon neither of these latter occasions were any admission fees charged, the achool district bearing the entire expense. At no time wae any substantial damage caused to any of tha achool furniture or to the building. Tho school trustees justify their tlon, first, upon the ground that under the provisions of section 1822. Revised Statutes, they have a right te when not ocpermit a school-houscupied for school purposes, to he used for any purpose which will not Interfere with the seating or other furniture or property," and that these dances did not so interfere; and, d, upon the ground that the dances held rince the hearing upon the preliminary Injunction show that their intent to simply to advance the physical and educational welfare of the pupils. The supreme court of this slate has placed an interpretation upon section 1822. which leaves no doubt as to their meaning. In the case of Lewie Bateman (73 Pac. 509) the court says: That the converting of a part of a school building Into a dance-ha- ll Is unauthorized, and contrary to public policy, as It would In effect be misappropriation of trust property, and opposed to the principle that citizens cannot be taxed for private purposes. Under that decision It to clear that a dance held In a public school house, to which the general publlclslnvlted, la a wrong, for the perpetuation of which an Injunction will issue upon the complaint of any Interested taxpayer. It to also contended by the plaintiff that any use of the school building, other than the mere holding of class studies and class recitations, to unauthorized, aa opposed to public policy, and that In so far as section bestows surh right upon ths board ol trustees It to unconstitutional and void. In this I cannot agree. I think the proper limitation upon the use of school property has been placed by the legislature of this state and that to that no use of public property shall be had which In any. way Interferes with ths paramount use to which It has been dedicated by the public. vThus, In schools, the public must not use the building at all when occupied foi school purposes, nor must It be used at any other time If inch use will Interfere with the proper and usual arrangement of the achool furniture. Within these limitations the trustees have right to permit the use of school property for religious, public and educational gatherings of any nature, and such use has always and universally been approved. ultra-sty- unu wlio don't like to wear rulihcrs would lake if they went, mu mull w cm her ax iliix without i.xu their wives to protect ion. Let ' i.i- men x to it that iln-i- r wivex ere well supplied with ruhhu.-- Same time they buy three $2.85 shoes the men can take home a pair of rubbers for their wives. Now, throe lal I RENT R. M. Cameron, of Nampa, Idaho, to an Ogden visitor. DeWift G. Brown and wife of Malad. City, Idaho, are visiting in the city. OGDEN. EXAMINEE, psswwsssasMf time the said deceased was killed, said deceased had his wife, Dora Burke, aged 27 years, and hia three children. Janies. Myrtle and Carey, aged 7, 5 and 3 years respectively, with him. That si the time said deceased was killed your petitioner is informed, and so stales the fact to be, that his wife and three children were killed instant ly at the same time the deceased wa killed. Thai said wife end three children constituted the family of said deceased. The heirs sro the petitioner, also J. O. Burke, a brother, Isitli Mary residing in this county, ami Peirce, residing at Lentspsh, Inilisn Territory, In the matter of the rotate of Tims W. Burke, deceased, about the same al personal legations are made. The property is valued at about $320, Tbe heirs are Maggie Burke, wife of do al cessed, and one child, residing Burden, Kansas. Henderson A MacMillan are the attorneys for the pe tit loner. The matters are set for bear Ing on April Cth. PUTNAM CLOTHING HOUSE 2345 Washington Avenue. IHHttllHH Llq those lite men HAVE EVERYTHING THE SENATE STANLEYS. STEVENS, Number of Estate Cases Are Heard by Judge Rolapp. The following probate matters were beard by Judge Ilenry H. Rolapp in tbe district court yesterday morning: Estate of Dan Nlncovlch, deceased Letters of administration Issued to John Plngree with bond si 12,500. The deceased was killed at Promontory Point on January Pth. this year, oa a result of a collision between a water train and a gravel train. Estate of Charles C. Keller, deceased. Letters of administration Issued nt to Mrs. Julia Keller with bond IMMlinifjjf TImm IMjl MANAGER. 2279 Washington Am A OGDENS FINEST CAFE Estate and guardianship of Lyles Wm. Larkin, et al.. minors. Letters of guardianship issued to Emily Lar...- kin. Estate of Gea.W. Larkin, deceased. Petition for approval, allowance and settlement of final account, distribution-and discharge. Granted. Estate of Abner Davison, deceased. Petition for discharge of administrator. Continued.. . . Petitions for Vetters of administration in the following wore continued: Estate of Baroiu'l Foils, deceased. Estate of Louts. Kutsumboa, deceased Estate of Krlglaoo Kergiakn, deceased. Estate of Louis George, deceased. . HUD TR01IBEE0VER FALSTAfF THE Day and Night. ...Open Leedom & Pattison, Props. 44 44 4 4 4 4 0 IN LEADERB FINE MILLINERY We havw REMOVED 2411 Washington Avenue. this week to Elegant Parlors Over Nyfa Stor MASSAGE SHAMPOOING. FACIAL TREATMENT, MANICURING, Private Treat- ments by Appointment. THE VIRGINIA of Cor. 24th and Adams Avc. J. Green, John IX Bnmnieri and Jaa. a few Brener came in from the cut-of- f days ago. They proceeded to spend their money freely and It soon developed that but one of tho three had any money left to spend. They were all drunk by this time. The two without money were inclined to tha opinion that while one of the three had cash The capIt was company property. italist of the trio took exception to this and refused to divide his hard earned rash. The argument waxed warmer and warmer, and finally the two who were broke deliberately helped themselves from the pockets of their companion. J. J. Glclner, tn whose saloon this occurred, saw the affair and swore to a complaint against all three, charging them with being unlawfully drunk. A complaint may be filed against two of them on the charge of larceny from person. Affords boarders centrally board at Phene 232 K. SWEEPING REDUCTIONS!!! IN WINTER. MILLINERY MUST BE CLOSED OUT AT ONCE To Make Room for Spring Styles. Call Early for Bargains. MISS .SPURGEON? AVENUE. "watch our windows"" Thie Week Clearance Sale on CLOTHING MANHATTAN SHIRTS and STEIN-BLOC- K a. m., 2:15 p. m. and 7:00 p. m., returning leaves Salt Lake Qty 10:50 . hl, 1:45 p. m. 6:05 p. m.,and 11:59 p. m. Tickets 8:10 All Hinds of OVERCOATS A. KUHN 2365 WASHINGTON BRO., AVENUE. On sale April 1st to 6th, inclusive returning; April 1 2th. Underwear Sale . . . . Beginning Saturday, March 12, wa will place on sale 250 suits ot underwear. This underwear to what ws call seconds, as it to ths good oa which our new hands are taught to knit For this reason wa are closing them out at what the labor cost us to have them made. The We quality to of the highest, but the finish to not np to our standard. Come have them la Saxony. Worsted. Wool, Cotton and Mercerised. early and get your pick. Be sure you come to the right place, as there are two tsetories ta town. Our factory to between 22nd and 23rd streets, first door north of Consolidated Wagon and Machine company. THE OGDEN 2274 Wash. Avc, KNITTING WORKS Ogden. i of Proof The Quality taste the satisfying, and The healthful pleasing effects of the tender young leaves of Is what commends this high grade Japan Tea to those seeking the best. Full weight packages. Ask your grocer. F. J. HIES EL (& . and permanent splendid accommodations located and excellent table rates of $1.50 ta $M0 dally. transients MRS. FERRIS, Proprietor. Western... Trains leave 7:15 a. m., 4 4 O LA MODE TOILERS " MONEY Cempanfona Differ Over Dlvlelen Thclt' Joint Capital. 2425 Wash.Ave First Gass in Every Reaped. $400. CONPERENCE $1,50 for round trip. ELECTRICAL COMERCUL ELECTRIC CO. , IHIIIHIIII PROBATEJJASES rsm 2410 WASHINGTON Rio Grande !& CO., Importers. |