OCR Text |
Show 1 - .1 r. . .,v. ... NO. 121. XXVI VOL. .... .. v , ... DECEMBER"- .' .PROVO, UTAH, SATURDAY, THE COMMISSION FORM OF GOVERNMENTS SUSTAiNED pniinTuninn uuuni nuLuo 1 immRF u Lnuy I S Jessie Knight Buying Treasury Stock Instead of -- Assessing Property - 4 Ap-"pe- al VALID LAW HELD court of Utah granted to Mayor-eleSamuel C. Park a perempto compel City mandamus tory THE supreme ct - Recorder B. S. Rives tcwissue to him a certificate of election to the office of mayor of Salt Lake City. Tfe contention of Martin E. Mulvey,. Who was back of the the rrnr1nSore instituted tr valMitv an A ertnatittrtfonsilitv- - of the law that the rights of the voter to exercise his elective franchise and restricted is held to have no weight by the court, which declares - that the constitutional rights of the elector are " not interfered with. f The court's action means . that amuel C. Park, together with tlnj will assume the other of their respective offices on duties January l, and the recorder must now obey the orders of the city coun While cil to issue the certificates. the action can now oe applied to the United States supreme court, or the commission law can on various other ground? In the local courts, what action will be taken Mj. Mulvey has not yetbeeade; elded. He declined to discuss the matter last night, saying that he could make no statement until he had advised with his attorneys on the matter. The case may be appealed to the United States supreme court. It is said, under section 1 of the fourteenth amendment to the constitution, which reads in part: . "No state shall make or enforce' any law which shall abridge the privileges of immunities of citizens of the Unit ed States; nor shall any state' rive-any person-o- f life. . liberty, or due without property, process of law, or deny- - to any person within Its jurisdiction the equal protection of the laws." X, Other Points to Raise. .Zr Other actions also may bestarted In the Salt Lake courts to test the constitutionality of the bill, the decision yesterday affecting only that part which applies to the election of officers and' the Jajloi-Itowev"contention of Mr. Mul ' vey that of restricted rights is ruled to have no weight. But a - Question still exists as to tne fight of the legislature ,In the enactment of such a law. It Is contended that the legislature exceeded lts authority when It legislated out of office cer- - tain officials who had been elected to Office by the people and who had not, and at the beginning of the year will not have served their full terms of office: In other words," the con tention remains that the legislature ftld not have the right to remove cer tain members of the city council from j office for , the new form, of govern: I tnent, when they'had been elected by ,.the . people to office," and their,, time officers-elec- t, - Jy , "" "-- The Bonneville tunnel, which Jesse Knight is driving into the rour miles mountains '"about south' of Pro vo, is now in nearly 1500 feet. Fqr about 200 feet tfie tunnel has been in a hard, flinty quartzite, in which slow progress is "being made, only about six feet a day with com- presgd air drills. The material Is, however, beginning to be a little softer, with Iron stains and specks of manganese and an occasional occurrence- vof quartz., , tst 1 dep- er, al - -- About 400 feet from the mouth of the tunnel a winze is Deing sunk, following a small lead of copper ore. This is now down about 100 feet and is In crushed lime, such as would be considered a good indication in Tintic district. Nothing is' yet expected from the surface indications; although favorable indications will be followed up as they tnase their ap- pearance. A cement trough has been constructed for carrying out the water which has been developed and which is now being used in the power house. This cement waterway has been continued on the outside of the tunnel along the newry constructed boulevard, and wiH..arrr water tor' irrigating .the trees to be planted. This boulevard, when built from Pro-y- o canyon to SpiingvnTerwill be one of the finest drives In the country about twelve miles long. A beautiful-viewof the valley ahalhelake is afforded, and' with water obtained from tunnels In he mountain or from other sources, the foothills above and below the boulevard make most picturesque building sites. . The soil Is said to be exceptionally well adapted for fruit growing. t(nigh Pays Bills. The Bonneville tunnel, while being ostensibly driven by the Bonneville M - being- - fi anced by Mr. Knight. He Is taking treasury stock at 50 cents a share and putting the money Into the tunnel. This obviates assessments, which, if levied, wou:d result in many of the poor stockholders being frozen -- ining-compa- ny, out time ago lt Knight Baid that when he struck ore in the Bon heville tunnel he would start other tunnels farther north, ft is evident that he has decided he could not wait that long for the other tunnels to be started, for he has commenced work on a new tunnel about seven miles farther north, just nortft of Rock canyon, where the Buckley mine is'Ue-in- g developed. There, are gjx .men at work on the new tunnel, and it will be pushed as rapidly as possible. There are. thirty ' men ' 'employed on the Bonneville, running two 'shifts. The .work on both properties la in charge of George A. Storrs. Some . - 1.1 I. IT BE j V'""1 cvirea. anis, ivns pointea.i ouC was done by' the legislature with- yi out submitting. theV matter to the vote I of the people. said that it Is no unnkejy that' this question will yet be tested. In the courts of the I i ItV I state. ,DEATH OF PIONEERS . HEBER - " WOMAN. .. , . 'J i Mrs. Alice Howarth' Barnes, an early Bettler of Heber, died at the family residence; in that Thai ' : ; t. city Jrom general dbilitv.- - A Jband.and three chlWrm survtvc The' funeral ewwea.- were held Oiiaj from tbrjma ir. - tabe-nac- le ,.. in if wiMipiI bail .T; n... n.nn : n u m -- n i I. ii ill I ni piJOBTi UTAH IS II III Andrew J, Stewart, one of the most prominent residents of Benjamin, died at his home there Thursday night of general debility. He . "was 82 ' years old. Mr. Stewart came 1851 In settling In Provo, .becoming . prominent in the affairs of the community and as surveyor, laying out a considerable 'portion of thisr pTSce,. Twenty years ago he became connected with a large Mexican land coroHlzation undertaking .with which he was connected up to three years ago. ". The body will be interred at. Provo, Mr.. Stewart Is survived by. his wifer a large family and grandchildren and great grandchildren, " " , to-Ut- ah - hus-ban- Show at Same Time: Club to Work start with. w me, m been-unde- . IDS Ill S IE FEELING FIDE Exhibit Opens in Springville Next Tuesday With Big . Reception s - The thirteenth' annual exhibition of the Utah Art Institute will be held at the High School Assembly Half at The formal Springville. of opening the affair will be on Tuesday 12th, and Governor ing, December William Spry will make the opening The following committees address. T is probable tTiat three Utah 1 oreanizations ry will hold their have been appointed: Com"Refreshment and Reception conventions in th city in FebruMesdames E. Bonnemort and ary. A letter to Mayor Ray and mittee President Irvine, of the Commer- Virgina S. Stephens of Salt Lake cial club, front Lewis A. Merril, City; Frances Bird, Mrs. irena JenJulia Packard, Mrs. Ruth e Agricultural college, indi- sen, .Mrs. even- . r " . of-th- Roylance, Mrs. Olive Anderson, Miss Marie Clark. Music Professor Mark Robinson, Walter Robinson, Miss Hil4a Coff-- " man. . " Decoration Mesdames Mary Had- - s The poultry men of the .county also ley, Thora Hafen, Viola Roylance, Johnson, Sarah Reynolds, . expect to give an exhibition at that Floss Gir-fbla--aey'ift'v-altetime ahdit probably win Ve 'considnolds, Howard Johnson, R. W, Miller, ered advisable by the business men ' - cates that it is probable that this city will be chosen for the last two associations mentioned, the first having already decided to hod its convention here. , v John Reberton. and "ttertteata lor giw the pure food ""OnethousaTut dollars iwlll be spent show at the same time. This would to purchase paintings for the state haTe All Utah artists educa- eollecttefc make the entire week one-for exhl-- " work send been lnvlted-;t-o tion for the farmers and also profitThe com- able to those who desire to make ex- bitlon and competition. will be permitted to select hibits and get their home products mitee annual state paintings W from the before the people. or from any others of- exhibition, The matter will be taken up by the consideration. Only Commercial club in this city next fered for their works will be accepted. The original Wednesday "night at the regular meet state prize of 30u will be awarded ing and no doubt strong men wll be to the best painting by a Utah resiappointed' to urge the holding of the dent artist and, the painting with its conventions In this city. will become a part of the The letter from Prof. Merril fol frame, Fifty dollars- Alkeart oJleclion lows: will be awarded as first priie for "Arrangements have been made,-a- s the ,best water, pastel and $25 I understand It, for a meeting "of the for the siooiul best, both to, become State Horticultural Society at Provo of the art institute. sometime in February of the coming the property, best For the drawing in black and year, and the eiecutlve committee of a prize of $10 will be given, white the Utah State Dairymen's associa and for the best landscape photo- tion will meet in a few days to de a prize of $20 Is offered. A cide upon a place 'for the meeting of graph special prize of $150' Is offered - by Its annual convention. .. the public schools lor Springville Members of the Utah state cap! "It has occurred to me that in view the best by a Utah artist painting commission are con of the fact that Provo Is to entertain tal building to Its art col-,- .. be which.. will added the Horticultural society, ' that It a several making days' templating lection. wouia oe an excellent thing if we trip to Sanpete and Beaver countiej fcould get the dairymen to- meet there BROADBENT" SUES to examine the stone deposits. In either the day preceding or the day CHICAGO COMPANY Sanpete county there are some ex following, and In this connection tensive granite deposits and also might be worth while to call a meet The suit of Joseph Broadbent of varieies of marble. The commission ing of .the State Dry Farmer's associa Provo against the firm of Carson, tion, in which event practically an may- decide upon making this trip entire week could be given over to Pirie, Scott & Company of Chicago the latter part of this week or. some various agricultural associations, and in the United States district court time next week. Provo' could be made a "mecca" for was xne suit dismissed Thursday, Dr. Fred J. Pack of the University the farmers of the state that week " of Utah and other stone experts will was for a'leged injury to credit be taken along. Samples of the varl growing out of a bankruptcy suit It ous stone will be Drougnt oacx ana was found that a. proper service hai tested for durability and strength. BEAM E CONGRESS not been made on the defendant. Chemical-tests 'Will - be - made to ascertain the weather qualities and AdENT GRQSHELlJ what effect weather will have upon the polished surface of the stone. RECEIVED HONORS The commission is scheduled to meet 'ii tn? near future to consider Oscar E. Groshell, formerly of con to In the near future the matter Congress ai m iich "as "the comru it- - Provo, and now of Salt Like" City, elder the matter or acquiring more tee 6fy thtf whole....la Cash Register resjyonsible for agent of the National land adjoining the present Bite. The y' won a place In the has company, sending' butter to the high price it landscape , architect was much "Jim- Hundred Point club for the sixth has touched since .1588, according to lme. pressed with the site on Capitol hill, iconBecutlve jlne agents but he was of the opinion, that a comtoLssIoiu merchants. The dealers among 1,000,' won a similar honor ' larger tract was necessary to !glve seek to explain the shortage as be- this year. the capitol building as good a set: ing due to a bill InCongress this NINE HOURS FOR WOMEN. ting as is requisite: For this reason spring to , limit the time that butter Women at the Knight Woolen mills he recommended the acquisition of might be kept in cold storage to 90 wiIlwork onlynlne hours each day. more land if that was possible, ' This was the order, given by Manager It Is understood that negotiations days when the ruling The bill was not passed, but while Hanke have been under way to secure more Is desired;' to. was Those who land on both sides of the" present said, dealers tookeffect pending, were at .the hours 'afraid .tosput butter lni, storage bays. heenworkIngten, plat, but nothing ceflnlte has been so tfme with mill. a now The ls'made that nt the resuk the that ruling done,- it Is understood, thus far,.:The with conform will are of time stocks the .offers working In scanty . production, board also Jias the several ' ' STiall. state law. other parts of the city t oconslder. " E IIS ART SHOW lf The men at the head of the pro;, ject say they are confident that it can b6 made to pay, and are willing to risk the investment. If carp can be made as palatable as salmon, and It is possible to substitute canned carp for canned salmon and a market can be created, the product can be put out at a very nominal cost, not to exceed 5 or 6 cents a pound. The price, however, will be an after conhe sideration, with possibly this an insult and, going-hoa riess ' got two guns, returning to the ex figure than that quoted. cited group. "Get out of my way, Lele," said Brown, to his daughter. TEN DAYS IN JAIL. was "I am going to kill that John Moore, a transient, husband of yours." He made good found guilty yesterday in Justice E ut buuuuux uurtoia E." Svies' court of tosvuTtring the uib lureai through" the lungs and, in the leg. As peace and was sentenced to serve DuBois felL, hU .wife, ja& Jto$aj;d, JUm Uen days Jn the coutft. Jail. It is al and another shot pierced her heart, leged that Moore visited tae resicausing instant death. DuBois lived dence of James H. Jenkins on the befor about 12 hours, --making an bencbThursday afternoon cause Mrs. Jenkins would not statement he nar buy some needles from him he used in rated the whole affair. Brown barricaded himself In his decent and profane language. 24 hours after the home, but about murder gave himself up to the off! "THE LITTLE SAVAGE." "The Little Savage" was presented cers. He Is a wealthy cattleman and lasi nignt m me nrtn ward amuse r is said to have the In fluence of liquor1 'when the fatal ment hall before a large audience shots were fired. He declared that The play was pleasing and every the. killing of hia daughter was acci thing went oft smootniy. Incidentally dental, but that he intended .to JkiU a goodly sum was raised for ward ' ' purposes. T; his ante-morte- IS REPRESENTED III 4 GOOD ADVERTISING to Shop- COUNTY UTftH and other fresh" water lakes- of the state ' can '"be utiliped and made an item of food, , taking the place of more expensive fish. It Is proposed by several capitalists of locai enterprise and push to establish a canning factory somewhere near the lake to .cook the carp and preserve them in cans of different dimensions, pound v-& to fiVe, and, If found feasible, larger f f if f PROVO. FOR CONVENTIONS receptacles. It is asserted that a State flortlcWtural Society. carp can be so prepared and canned Utai Stitt Dairyrrr.' As, that it will be just as palatable' as "" ciatton. now and are sa'mon, experiments State Dry Farmers' Assccia- being conducted along that line. tion. The factory is to have a capital of $25,000 The : I in '.i'" Christmas -- ping Is Fine Poultry and Pure Food son-in-la- w 0 u u, ' C11FR d, one-ha- son-in-la- Sixteen. Day s to Christmas Come on in; LAKE V, -- 1885.- HDDUUIHIIUIHa men of this city, one in which the enormous quantities of carp known to exist in Utah 'lake and From etrfttemente- - that have been made by Brown ahd his friends it is evident that the accused man will plead the unwrittea law- - as. justifi to cation for shooting his dedeath. it the hearing During veloped that Brown had declared the cause of his insane anger to be the alleged intimate relations of Du Bois with a Moab woman. Story of Crime. The' double murder for which Brown must stand trial was' com mitted at an .early hour Saturday morning, Nov, 18, following a dance at Moab. Brown and his had an altercation at the dance and DuBois refused to rtde home in the Brown buggy. Brown considered MmM y innnAiir nim UA A new enterprise for Prtvo. is in contemplation by t a number of busi-ines- a preliminary hearing. . of County Commissioner John E. Brown, accused of the murder of his . daughter, Lele Mrs. Brown DuBqis, and her"' Jaines E. DuBois, was held Wednesday behind closed was doors. The defendant to court the district bound over on a ' charge of muraer in the first degree and will be held In the ' county jail at Monticello until the trial during the April term of court ..The t ESTABLISHED iiini unn unui Uncle Other Grounds For and Contest May Continue 9,jJH,l. April (Trial LEI j niunnr unnnut liunutn - Unwritten Law To, be The Basis of Defense at TUNNEL - - ALL CONVENTIONS LEAD TO PROVO NEXT FEBRUARY Said ul I IRK WONDERFUL nunnrn- - - . - - . , r of - . , . - " 7 ' - - . ... 1 y ' INSPECT V . - . ' - : : chief deputy state fish and game warden, was in. Salt Lake Thursday In conference with Pred W. Chambers, state flsha.nd game commissioner regarding rou tine work oi the department. Mr. Madsen reports "that the bass at Powell sluice hatehery- - in Uteh county have been doing well Bince the channel feeding the batchery was screened about three months ago. It is now impossible for carp or any fish to get into the hatchery. In which thre are 700 bass ranging in weight from two to vten pounds. Mr. Madsen states that he expects to see the number increased to 3,000 by spring. .From fifteen, to,-- . twenty bass are caught In seines In the lake every day and put in the hatchery. D. H. Madsen, BECOMING , NUISANCE TO FARMERS COYOTES Coyotes in the vicinity of Provo ha,ve become very daring since ' the cold weather set In and a 'number of .... Provo ranchers have lost" sheep and chlckerra because of the hanger of " the pests. Recently some of the animals killed a sheep In the corral of William; ' Nyttal on Carterrtlle road. Mrs. Nuttal was home at the time, but dared not go out A num. ber of other people have also - lost cattle on. account of the coyotes. - . . ' - . " - FDR BUnER PRICE - . -- . - " this-mornin- it jit - , i," " J. . y |