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Show THE SALT LAKE CITY, UTAH, FRIDAY, MARCH 10, 1916 IIERALD-KEPUBLICA- N, FRUITGROWERS CHIEF'S TARGET SECRETARY OF STATE SILVER KING LOSES KISSED HER, SHE SAYS' SEEK U.S. HELP GIVEN FREEDOM $1,000,000 ORE SUIT -- Wade Malotte, Shot by Shores Federal Aid in Marketing Crops May Result From CommisRecently, Leaves Jail; sion's Conference. Damage Suit Likely. Federal Court Reverses Decision in Elephant Stope Action and Orders Accounting to Be Made to Conkling Mining Company FEDERAL LAW NOT BROKEN MORE BERRIES THOMAS KEARNS' PLEA DEMOLISHED Silver Kin Coalition Mines company, of which Thomas Kearns is manager, was held by the United States circuit court of appeals sitting at St. Lonis to have been jtntilt v of removing from the Conkling .'Iairn the Conkling Mining company Rrcat quantities of rich ore without attempting to establish tlio title to the Klephant stopc, the richest the Silver Kinr Coalition has had. The fall opinion of the court was received in Salt Lake yesterday and holds that the Silver Kin? Coalition Mines company imi.'t make an acit of the ore counting to the Conklinjj Mining company for in the removed. This will amount to more than .51,000,000 opinion of the attorneys in the case, $750,000 of which is owinsr to the Conkling Mines interest in the company sinr the. Silver King Coalition owns claim. Conkling The circuit court of appeals demolishes every defence set up by Mr. Kearns and the rr.inin?- company and hints that the evidence which was adduced to support the contentions of the Silver Kincr Coalition Mints company and its general manager was not based upon the facts in connection with the discovery of thn Constitution. Cumberland and Monroe Poetrine claims of the Silver Kin? Coalition Mines company. In this ronnftlon th Silver Klnjr attempt! to hve th court hold that Cow Bites Two Men the Crescent finsur rdn. whose pex utrtkes c.ro the cllm and which eontatns the Hlephant elope. should hm rd- to It entirely on the theory cf extra lateral rtfrhla. It wa con Had tended that the 1tcoverern of the three extender! their linen across claims not lontr th claims ami that the and ri rovr r r hil mad a mKlake ami ptee-- each rtniculr claim aeTOs Brain of the Beast Is Being tnwtead of alone th dlcoirrr line. Ttits wfttill hvt entitled th Silver Examined; Victims to Get Kin? to the n Crescent flexure vein and the F.ph ytope. The Conkling Pasteur Treatment. claimed that th Cnkilntr company claim wu patenter.! with the Crscenl as the d!Hnvrr line. flfmr In dipoln- of the contention of the Dr. T. It. Beatty. Pllver Kin? In thlt rerard the opinion of the state board of WHAT ays: believes will prove health, I flvra. Oplalott the first real cae of rabies dis(Silver covered In Utah Is under investi"Erh of the defendant' 1. Ialnes, state bacJvlng1IS3.ctalrre was patented on Msxch gation by I The The plaintiff head of a cow St. CConkllniQ teriologist. r H0 and was killed In Cache county claim was locate. I In thai near the Idaho line after the aniwa not patented until 1852. The or mal had shown every symptom of In dispute could not he reached by any rabies was sent to Ir. Heatty by lode or rein extending on It etrtke McQulston of Cache county, a of either of defendant's lenffthwl Ir. the versurgeon, and Mr. laines claim and on lt dip through veterinary Is making a bacteriological test of any of tical plane of any sdd lir?record e Dr. Mcof the animal's brain. claims. The these three no claim of the locator of either Qulston reported that the animal bad bitten two men, and he diagof then claim (the Constitution, the nosed the case as rabies. Cumberland and Monro loctrlne or that Ir. made tosaid arrangements any of his successor ofIn, Interest will b Ileatty give the men who any of the mistake through were bitten the I'asteur treatment slile llne during the end lines were-ltwhether the test made by Mr. the tvrenty-- f Ive years aftrr these a positive result or Dalnes iliim wero patented. not. Hegives also said It Is not unThe defendant Introduced common for horses and cattle with that at vathe testimony of witnesses rabies to attempt to hlte persons of Its rious point beneath th surface venture near them. who run and been had tunnels where claim, Attorney Says He Intends to Broad Expressions of Horticultural Industry Secured Seek Remuneration for THK three-quarte- rs one-quart- er - Causing Fear That Rabies Animal 1 hl i l i j at Meeting. Wade Malotte. whom C. W. chief of police, shot in the hip at Shores, Moxum Ivotel February 22, was released from the county Jail last night on recommendation of W. W. Hay. 'United State. Hay e explained that the attorney. ofMr.twenty-threcontents opium cans found in the possession of Malotte con-- t In ained only an imitation of which Herman Harms, state opium, chemist. found but a trace of the drug. This, it was explained, did not constitute an In fraction of the Harrison anttnarnotic law. Malotte Is still suffering from the wound caused by shot fired at him he tried to run from the chief, a plain clothes man and two federal officers, who had hidden themselves In his room, where they discovered the Imitation opium. While at the county the investigation of the jail awaiting issued against him. Malotte complaint was attended by Ir. K. K. Steele, physician for federal prisoners. Attorney J. J. Whltnker, Malotte. had him removed torepresenting the came hotel after his release. which Wayne when Mr. Whltaker had conferred with Mr. Kay more than an hour. Mr. Whltaker said that he Intended to sue Chief Shores for damages for his client. In Federal aid for Utah the marketing of their fruitgrowers be crcps may one of the benefits accruing from the two conference called the state days' horticultural commission,by'which adjourned yesterday. J. Edward Tayrelor, state horticultural ceived a telegram frominspector, Charles J. bureau Brand, chief of the of the United States marketing of agdepartment that If Mr. Taylor riculture, stating would send him the Utah plan he would send a man marketing here to assist the fruitgrowers. But one resolution was passed by the conference. It favors the passage of a law giving the state horticultural commission the appointment of eoxinty horticultural inspectors and the present law to provide amending for their compensation by state appropriation rather than from county funds, as under the present system. It was introduced by A. K. Lee of Salt Lake. The resolution was the of considerable debate, and thesubject growers were unanimous that such a planpractically would take the horticultural Inout of politics. spectors "We want efficiency," declared Robert Wills of Salt Lake county. "Some of the horticultural inspectors In this state don't know an apricot tree from a peach." Inapeetora Out of Polities. Inspector Taylor In speaking for the resolution said the horticultural commission had been kept out of politics, and If the commission were given the the Inspectors would power appointive be out of politics and the efficiency of the service increased. J. C. Knudson, chairman of the meeting, emphasized the importance of making both the proposed amendments. If any, saying that if the state appointed the inspectors and asked the county commissioners to pay them, friction would result. "The fruit business In Utah will be a of the past and the railroads will thing lose a profitable unless the rates are reduced,"tonnage declared P. M. cf the Utah Fruitsecretary association. growers' W. M. Roylance of Provo. J. C. Knudson of Brlgham City, K. F. Smith of Salt Lake. Itass Hnssmussen of Cache valley and J. M. White of Willardalso attended the conference. J. i:. of Ogden spoke for the canners Wright at the afternoon session. He said there is unquestionably a great future for the fruit industry in Utah, but much work must be done before It can be placed on a substantial basis and high prices cannot be expected for the present. .He urged Inthe acreage of white sweet creasing cherries and red sour cherries, for both of which, he said, there Is a demand among the canners. More. Berries Wanted. P. A. DIx of the Ben Lomond Orchard company announced that his concern is planning to convert its North Ogden vegetable canning plant Into a fruit He said necanning establishment. are being conducted to bring gotiations a California man to take charge of the plant. C. C. Mlchener of the In the Kverfreshmorning company, Ogden. reported for the miscellaneous fruit manufacturers nnd urged the growing of strawred and black raspberries. berries and He declared the fruit business in Utah can be divorced from speculation if the canning industry is encouraged sufficiently. Frank Cutler, a celery grower, spoke at the mornlnpr session, saying thoucould be sands of acres near Salt Lake devoted to celery and a substantial realized. profit Dr. Sumner Gleason of Kaysvllle recommended the development of the Juice industry. He said at least grape 1000 acres in Utah should be devoted to Concord grapes. A record of all discussions was complete and will be published in kept form. pj'.mphlet Taylor was asked "what hasInspector the conference accomplished?" Itrond Expression Gotten. "We have succeeded," he replied, "In the broadest expression of our getting and its condihorticultural industry over had. This tions that we have conference was only a preliminary. The work will go on and the public men who are In the fruit game spiritednow know what problems they must meet and have a definite idea of what Is the matter with the fruit industry In Utah. Kqulpped with that Information they can find the remedy. All these proceedings will be reviewed and the work started here continued by the State Horticultural association at Its next meeting. The fight on freight rates will be continued without interruption." n FORT DOUGLAS TROOPS NOT INVLA FIGHT tl-- s made n had exploration elns had found, but of runninc crosswise that smilt veins th claims and the large vein called eln had been the Crescent fissure the defendant h contends ,d and estab-- ) it that by thl testimony evidence by a prepomN rence of the facts that the locator of each of these ctalrn.4 by mistake toplaced them at ross when he Intended pla them a lor. 4 his discovery line. Hut the portions ot the grant beneath the surface, of the defendant's claims, which Us in which they witnesses examined andveans was but a found no longitudinal small percentage of the entire pround The Wneath these claims. or the In and under then along: unground f where a longitudinal vein der them would extend had not been or examined by any witnessv he could tetl-ft .plord such, an extent with actual knowledge that there W;H no longitudinal vein beneath Hum." I tent llefeexlse. In addition to the claim to extra latCoalition eral rights, the Mlver King Mines comtany. through Its general Thomas Kearns. set up that inancer was dethe Conkling company patent the fective and that Instead of having feet claim cf 150') regulation Comining feet wide. Its claim was long by feet wide. by onlyth- -13t.S feet found this to be true court had lorg If the from xrhtch were the ore Klephant of theslope, rich Conkling company removed by the Silver king, would not have ten under the property claimed l v the Conkling Mining company. When the patent was lssied by the land office to the i:os Mining company, predecessor In Interest to the Conkling company. It called for a claim Mining 1J.0' feel wide, the feet long by Surveyors' mining clilm. which regutetinrt were monuments and field notes, were mtde at th time of the survey, introduced by the silver King Coalition to show that th claim was not 1500 feet long, but 131.3. Monuments tomere l discovered shewing the survey 1.1 M.S. It was contended br the Silver King the Conkling Minthat on this account no claim to the had ing company stop- -, and that the silver King could rot be held responsible for ores the evitaken from It. After dence and argument of the silver King to pieces In this regard, the court said: Inside nee Insufficient. of the cplnton that If The courtevidence had been all of the It would offeredbeen Insufcompetent overcome have the strong preficient to the plain description in sumption that was rlsht. insufficient to the patent overcome the facts that the plat showed claim to b ISO feet in length and the rti) fet In width, that the field notes, and the patent each declare the the area claimed was 2: IS3 0 acre, that plat feet this Is the area of a tract that In length and t0 feet In width, while l"64.S feet in length the area of a trat feet In width is nearly two and acre less. "We have sat! 'Tied our m t n s that now owns the tract ljn) the fWt plaintiff in length nr,d ' feet In width so describe,! in U fthe patent.' clearly The court held the act of 1304 maklines the tines to mining boundary not apply to the cae. eral lands didresult is." says the opin"And the the end lines of thce claims "that ion, never became thlr side I Silver Klnsr the defendant is without endthree-fourtlines, to of the ore which rightand to s cf the ore I, whi-was. benath the surface of the claim." Conkling SilThe Conktin-- r company sued the ver Kinr Coalition for tresspass In the of t'tah. and forfederal district court A. Marshall hcjd that mer Judge John was to everyKing and entitled the Silver It owned the that thing It claimed both as regards the Klepnant In stope. survey and the extra lateral mistake rfsrhts to the Crescent vein. The cirreversed the cuit court f appeals The case will now on nil point. come back to the federal court here assessment of damages, forM the Crltchlow and W. II. King were I. the for Conkling Mining attorneys rnmpanv and W. II. l)lcko:i attorney for the Filvcr King. b-e- lonnl-tcndir- bn ml dts-cov- ef ihl o-jr- tht Kle-pna- te-rin- nt r 1 1 hs three-fourth- h de-elM- rn rot i.tii . n: 3iki:t. of the secretary v. fsocia t lot., Vtah i'oullrynifn's nt a mv tinir of the organisation Commercial i tub. A last night at the new secretary was not appointed, but J. J. Newton may be it was jtatedW.that Madson. Jr.. addressed chosen. T. men meeting on "Mow the pou!tr the at theMarket." Kgg to Better Kr mk If. Sorenson. re-sisn- rd ATTEMPT MADE TO TRAP SHORES Utah Soldiers Stationed at El Paso and Escape Taking Part in Skirmish. SUSPECT FRAOD Court Halts Quiz as to Police Chief's Residence at Trial Bert Hayes. An attempt was made In municipal court yesterday before Judge K. A. Itogers to have Chief of Police Shores reveal his place of residence and to a citizen of Coloestablish If he Is not rado, but owing o the rules of procedure in the court John t Watts, the who attempted to attorney Chief Shores, whom he had called to the stand as a witness for the deRopers ruled fense, was foiled. Judge the chief need not answer. At the second session of the preliminary hearing of Ilertcommitted Hayes, a negro, with having a statucharged offense against Miss Alberta Line, tory a arrested with a numin the rooming house run ber of others girl, by the aunt of the girl. Chief Shores was called to th stand. A. V. Wat kins, assistant county attorney. Interposed objections to the exand the court amination by Mr. Wattswere not proper. held that the questions "Who appointed you chief of police? askei Mr. Watts? cross-exami- ne "The major and city commission," replle.i Chief Shores. "Was the appointment In writing? asked Mr. Watts. Judre Kogers ruled this was not pertinent to the Issue. "Where do you live?' asked Mr. Watts. "At the Hotel Utah." replied the Chief. "You have not lived there for some time; is I that not truer "Yes have." "You're sleeping In the public safety continued Mr. building at this time."wss raised and Watts, but objection the question was ruled out. Chief Shores said he had lived in Utih "off and on" since 1SCS. Chief Shores said he owned property In Carbon and Duchesne counties, but none in Lake. EVANGELIST IS HONORED lghf nt Immanurl flaptlst Church Mark lllrthday. Chorus n!sht was celebrated at Baptist church last night In the series of revival meetings being conducted In the Baptist churches of The celebration marked the the ers. ry of liav. W. T. Sherrod's annUcity. fortieth birthday. About 100 were In the chorus, which sang "Call for the I a per." The chorus marched around the ptil-pand presented Mr. Sherrod with white after which forty Bronson "donated" the Kev. IJ. J.carnations, T. A.forty sticks of candy. music leader, sang while Whltteker, the "donations" were being made. Tonight will be "All Bev. Baptist Mr.night." WhltYesterday morning teker entertained students of Westminster college with revival songs as sung by negroes of the south and several llnhtnlng sketches with the crayon. Immediately afterwards the student body petitioned the faculty to allow all students to attend one of the services in a body. t"horo Ini-mmu- on PR0V0 J1AN ENTERS ntla RACE t'anilldate for Mate Audifor ('oDgreia, tor! Bllas A. Gee of I'rovo, who served two tera.s ps rountv clerk and auditor, has announced that he willn br a candidate for the Itepublican for state auditor. A number of friend in Utah county large.i him to seek the nomination. W. II. Bydalch is being urged by a Inrg.- circle of friends to enter the race for the Bepublican nomination for Congress fromMr.the Second congressional district. says he has not made tip his Bydalch mind in the matter, a but after survey of the field would give a definite answer. A. Ciee Hdll ex-offl-c- lo nom-l.vailo- per-s-t- U-i- - i Alleged Swindler Arrested f'harsed With Mulcting Cattleman Through Hating Ilets. George Parker, aged 49, was arrested by Patrolman A. E. Lund at Second South and Main last night on susof belntr a confidence man. who picion Is alleged to have mulcted a cattleman of Dillon. Mona., furnishing the name of Sara Htrum. of $70 by interesting him in fake horse races. While Parker admits having struck up an acquaintance with the Montana cattleman he told C. W. Shores, chief of police, that he had not received money from him. but had expended considerable money entertaining. PRODUCTS WEEK BOOSTED Mannfactnrent Seen re Help of Hallroads In Advertising Invent. The manufacturers' association intends to make Utah Products week one of the most ostentatious displays of the manufactured goods of this state ever held, and the aid of the railroads and the Commercial clubs throughout the state Is being sought to arouse Interest In the exhibition of products which Is to be given In S'alt Lake the first week in April. The railroads already have consented the widest pubto give the exhibition will place on the posters anlicity and rates conference nouncingMormon to the April church. Utah Products of the week as one of the attractions. The manufacturers' association has begun a campaign of advertising throughout the state through the medium of members of the association. A t'TOlt'S CAU HITS HOY. of 223 M Kenneth Seaman, agedan 9, automobile struck by street, was Clifford of the driven by Thompson while the boy Wilkes Stock company, was riding a bicycle on South Temple near Lighth F.ast last night. The boy received a bruise on the forehead ant. a wrench of the right knee. Mr. took him to the emergency Thompsonwhere he was attended by Dr. hospital, He was then reW. Scott Keyting. moved to his home. TAX PLAN or. IS' CRITICIZED City Treasurer Oppose Proposition to Make Property Saleable. In a letter to Commissioner Karl A. Scheld. head of the department of finances. Frank Godbe, city treasurer, states that the proposed action of the city commission in making tax due and the entire special and property saleable upon payable default would be "undeservedly harsh." He favors the sale until becomes due. Copies of the whole taxpostponing this letter were sent to all members of the city commission upon the request of Commissioner Scheld. HIS i State David Mattson for .$5000 j damages, charging he kissed herj 1 against her will. Defendant Says Suit Is Attempt to Force Settlement of Case Against Hotel. i by a committee of C. W. Shores of Denver, chief of from his office on the ground police, he is that to serve as an officer of this state. Action will be before the supreme court of thebrought state bv W. K. itydalch, Edward McGurrln and J. II. ail, clients, whose attorneys, names theyrepresenting refuse to make public. f ble ft r 's i i old soldiers of Salt Lake who fousrlit on cither side in the Civil war are to have the opportunity to see the of a Nation. " the motion picture reproduction of some of the episodes during and immediately foln at the performance Monday afternoon at Salt Lake theatre. lowing the war. ns quests of The in n all Salt Lake, members of the local posts of the G. A. K., Civil invites The A. the (J. members but fought on the Union side, and Confederate veterans, R., of not who are war veterans or mother other or friend, to witness a full and complete regular production of each with hi wife or daughter THE Ilerald-Hepublica- ex-foldi- ers the realistic film of "days that tried men's souls." Whether the veterans prefer to march in a body to the theatre or go as individuals Avill be left to them.' Old soldiers who desire to avail themselves of this opportunity may obtain tickets at, the office of The which they may exchange at the office of the Salt Lake theatre for reserved seat coupons choice of seats in any part of the house, and they av ill be as welcome to the highest priced seat in for their the theatre as to any other they may prefer. Xo. 1 and the Oliver O. Howard No. 7. are reThe two G. A. IL posts in Salt Lake, the Maxwell-McKea- n such arrangements for attending Monday afternoon's performance quested to act on thi invitation and make as will be- -t suit their convenience. Old soldiers who are not members of any G. A. R. post will be given all on Saturday information necessary for their direction if they will call at the office of The as there veterans also such Confederate seats." This to reserved to for applies and obtain the tickets exchange mav" be in Salt Lake. So far as known there are but three Confederate veterans in the city at this time. One of them, Charles Warren, foudit in Pickett's division with the 28th Virginia, was in the Petersburg engagement so vividly shown' in ."The Birth of a Nation," and saw Lee's surrender. The other two are G. B. Dobbins, who was with Forrest's cavalry, and' G. M. Bracken, who was in Morgan's raid. A. S. Belcher, one of General Pike's raiders, is in Virginia at present. Herald-Republic- . an Ev- idence; Plaintiff's Identity Is Kept Secret. - v filed SUIT will be to oust Alleging that David Mattson, secretary of state, and at present acting governor in the absence of Gov. William Spry, kissed her against her will and that such conduct has injured her nerves, Mrs. Irene P. Quinting, 723 Windsor street, filed suit yesterday In the district court against Mr. Mattson for $3000 damages. The suit is branded by Mr. Mattson as a "case of blackmail pure and simple." Mrs. J. W. McKlnney. attorney for Matt-sonQuinting, in speaking of Mr. charge that the suit savors of blackmail, said: "That is the defense of those who find themselves in such a predicament. All the facts in the case will be adduced at the trial. Personally, I bear absolutely ' no malice toward Mr. Mattson." Another suit filed by Mrs. Quinting Is pending against the Kenyon Hotel company and Mr, Mattson as one of its officers In which $10,000 damages for Mattson personal injury is asked. Mr. was filed the present suit that alleged in an effort to obtain a settlement on the prior one. The plaintiff was formerly employed as a waitress at the Kenyon cafeteria. In the suit filed yesterday she alleged that: Allegations Made. "On the 1st day of January, 1916, the defendant did commit assault and battery upon the person of the did then that Is to say. said defendant plaintiff; and there, without the consent and will of plaintiff, wilfully, against the and grasp and wrongfully his hands and arms seize plaintiff inunlawfully and did then and there, without the consent of plaintiff and. against her will, hug and kiss plaintiff. "That the aforesaid unlawful conduct on the part of said defendant greatly excited and humiliated plaintiff and shocked her nerves and nergreatly vous system and by reason thereof she has thence hitherto suffered and continues to suffer mental distress and mortification and because thereof her nerves and nervous system have been and are injured and affected and her health impaired to her damage generalsum of $5000." in the In the previous suit the plaintiff claimed that on October 9, 1915. while employed as a waitressonat athe Kenyon stair iron cafeteria she slipped which had been allowed to come loose and suffered a fall which damaged her to the extent of $10,000. J. Wr. McKlnney, who was a candidate for mayor at the last city election, is her attorney. Mr. Mattson made the following statement regarding the suit: Blackmail Cbnrged. "It Is a case of blackmail pure and in the complaint The simple. The plaintiff, are absolutelv charges false. Irene P. Quinting, formerly Irene P. Gill, was employed at the Kenyon cafeteria as a waitress for 9several months she claims to last year. On October have met with an accident by slipping on the 'stairway between the kitchen and the dining room of the cafeteria. The injury sustained kept her away from her work three days, when she returned, apparently in sound health, and continued in the employ of the cafeteria until no it was permanently closed. I had knowledge of the accident until suit was filed. The cafeon Noteria wasIB.soldOnto outside 8parties I was served vember January with a summons in a suit commenced by Mrs. Quinting through her attorney, J. W. McKlnney, against the Kenyon Hotel company and myself for $10,000 for injuries claimed to have damages been sustained in the accident. "At the same time Mr. McKlnney served notice upon me of his intention to commence an action against me $5000 damages for an personally for and alleged assault battery against his client. 'Money Is Aim.' "The manner of notification and the unseemlv attitude of Mr. McKlnney convinced me that lie proposed to use the personal case to force some sort of a monetary settlement of the first case the case against the company. His volunirrespective of its merits. from time postponement of action tary to time: his eagerness to compromise by offering to withdraw the I assault would case, provided and the other; his seeming desire to settle battery case out of court and keep the personal Intimations that because his repeated of my standing in the community I and could not afford the publicity Mcconvinced me that Mr. notorietyand his client would do anyKlnneyfor exthat that wasnothmoney and in thing what mind and actlymore. they had ingT'l had kindly toward the always felt and befriended her whencomplainant, ever 1 could, both personally and in a her business way. I carnot understandaction this personal motive inme. bringing So far as her claim for against sustained is concerned, if she injuries n. MOVE State Tribunal to Hear A HERALD-REPUBLICA- N BEHIND REPLY VETERANS! CALL AT SATURDAY FOR FREE TICKETS TO SEE ' BIRTH OF A NATION,' MONDAY MATINEE Herald-Kepublica- sued Secretary of ! Action to Oust Chief of Police on Ground He Is Ineligible Is Planned. mm ' suffered any injury, I think she really the is entitled to. whatever is a matter court will allow, but thatdamages to be settled before the court, and I refuse to he forced into any compromise." Asked- if he had seen Mrs. Quinting on the date mentioned in the complaint, Air. Mattson - said : on ,"I remember the date account of its being New distinctly Year day. I had been to Ogden observing the holiday. Mrs. Quinting was on the same train with me returning to evening with her Lake. I was acquainted Salt from having seen her in the cafeteria and we rode in the same seat. "At the railway station 1 carried to the street car. She her suit case of feeling faint so I offered complained to see her home and carry her suit case from the car to her house. She my offer and I did so, setting accepted her suit case on the porch. 1 then left her and saw so more of her that day." Mr. Mattson added that in his opinion this suit has some political motive though he does not at this time know what it may be. In explanation of the charges made Mr. Mattson, Mrs. Quinting against says that she spent New Year day with and that she acquaintances in was to Ogden her home on an returning train when Mr. Mattson insisted on sitting with her. She declares that though she gave the secretary of state no encouragement he picked up her baggage, carried it on the street cars and accom- to the business district panied her he assisted her in where, she says, to another car on which transferring he accompanied her to a point near her home and then carried her bagwhere she says she gage to her home, t. bid him Mr. Mattson then, threw his arms about her, she sajrs, and showered her with kisses, against her protest, and succeeded in breakthat she finally away from him and ran into the ing home of her mother, Mrs. Effie Gill, 723 Windsor avenue. Mrs. Quinting has two little children, two and three years of age respectively. During the absence of her husband. Mrs. Quinting has been living at the home of her mother. At present she is employed in a local confectionery. good-nigh- COLUMBUS WEIRD TOWN Local Land Office Man Once Stopped in ItM Main Hotel. T. N. Espe, special agent in charge of hearings of the Salt Lake field division of the United States land office. Was in Columbus, N.general M., on a special mission for the federal land office eight months ago. He says that he stopped in the hotel where the Villa bandits shot the proprietor to death morning. early yesterdayis one of the most weird "Columbus and desolate places I have ever been in," said Mr. Espe. "It has sprung up of interest in largely as the result lajids which have been opened in its appearance of vicinity and the general the settlement gives one the impression that it is a characteristic border town. "The city is on sort of a plain and has a population of about 200. Just over the boundary line into Mexico are a series of lakes, where excellent duck shooting may be had." WORK IS SUFFER NOT TO Orgranimer to ,sSr;n Her Position to Substitute. A plan under which tempoher position has been prorarily resign posed to the state board of education by Miss Mary E. Downey, state library organizer. She would have her name stricken from the payroll from Julyin- 1 to the end of the year, the period vacation, so that another womcluding an may be put on at a small salary who may work during the entire period. Thus the full nine months of work mav be doneG.with the funds now available." Dr. E. Gowans, state suof public instruction, said perintendent he has recommended that Miss Downey's request be granted. Library she-wil- l . r llerald-Kcpuhlica- QUINTING, Mrs. Irene Quinting Charges David Mattson Seized and Hugged Her. el !t old-fashi- HELD $5000 D AMAGES! 'BLACKMAIL Mc-Ureg- According to army officers at the local recruiting station, the Twentieth the last of soldiers to Infantry be is in Kl stationed at Uorttroop Douglas Paso and l". therefore, not within the Columbus. N. M.. vlclnltv visited yesby the Villa bandits. terday The first and second squadrons of were stationed the Thirteenth M.. and it was this at Columbus. X.Infantry detachment that was bv the L, and M troops Mexican rebels. The K.surprised were also at Columbus, the officer says, and Joined with recruiting the other two squadrons in driving the Mexicans back over the border. The Y troop of the Thirteenth Is at Fort Itiley, Kan., and not on the border. JUocal army officers say that there are approximately 20.000 soldiers on the border at the present time. PracticalStates army, they ly the entire United say, except those on foreign duty, are stationed aloigr the Mexican frontier. WOMAN WANTS P CITIZENS His Client. - dts-do- DEMANDED IRENE TVTRS. J.YJ. w ho has Strange Premonition Danger Saves Of Diggers From Death Laborer 'Feels' Peril and EsThen Rescapes Cave-icues Companion. n, presentiment of pending- peril which came to A STRANGE while he Lee Arnold, age. were im- 20. dig-diage 35, and'ltalph Snarr, gravel in Mill Creek canyon men ns saved both yesterday, probably from death beneath a cave-i- n that Snarr. buried men were working together The when Arnold, according to his story, He whipped suddenly "felt" danger. lurched forup the team andhimthey with them, just ward, dragging which started clear of the cave-ialmost as the team, did. Snarr was covered, as was also thecompletely But wagon. gravel for the fact that an extra shovel had been brought along and thrown to one side Arnold would carelessly have been unable to dig out his As it was, Snarr was companion. bruised and was unconscious badly when Arnold rescued him. n. . . Attorney General A. P.. Barnes announced last night that he will grant to the. permission to use the name of the State plaintiffs of Utah in the quo warranto proceedings which will be filed either Saturday or Monday. For several weeks reports that suit would be filed against Chief have been current, and duringShores that time it has been known that a number of prominent business men have been funds for the prosecution of collecting the action. The chief of police is the onlv individual or official of the citv administration who is to be made a partv to the suit. Under the statutes of the state it is necessary that the attorney general give his permission before an individual or a collection individuals can file suit "on relationof" in the name of the State of Utah. The Legislature made this provision, according- tn At- torney General Barnes, to keep down me of actions "on relation" multiplicity by persons who think they are aggrieved. PermSssion Aked to Sue. Mr. Rydalch appeared before Attorney General Barnes and presented his view of yesterday the case against Chief Shores and also presented to the in the attorney general the evidence case and asked to bring the permission action in the name of the state. "This granting the use of the name of the state means that the technical view of the law is being sustained," said Attorney General Barnes. "My office will not liave anything to do with the proposed action and grants the name of the state to a only citizen that he may bring suit to try out what he considers to be a grievance. We are in the case only to that extent and no more." The quo warranto will be based on section 221proceedings of the Compiled Laws of Utah, 1907, which says: "No person shall be eligible to any office who' is not a qualified elector of the city."' C. W. Shores, who was appointed chief of police by the city commission, is not a qualified elector of the City of Salt Lake nor of the State of Utah, to the averments which are according to be placed in the complaint and to the evidence which is in the hands of the the suit. In addition attorneys bringing a vote in Salt Lake he has never cast so far as the records in the county clerk's office show. The plaintiffs assert that he is a resident of Denver and that he maintains his home there at this time. It will be averred that he has no place of residence in Salt Lake at this time, but is using a room in the public safety buiMing for sleeping purposes and to store his effects. Facts in Complaint. Mr. Rydalch said last night that the would use the facts which plaintiffs have heretofore been published in The the lack regarding of eligibility of Chief The Shores. facts to be set up in the quo warranto proceedings, according to Mr. Rydalch as follows: are "That Chief Shores has never been a bona fide resident of Salt Lake or the State of Utah and that he has never voted in this state. "That he maintains a home at IT Corona street. Denver, where his wife resides at this time, and that he is listed in the city directory and the of Denver as a cititelephone zen of thatdirectory city. "That at this time he cannot claim his residence in Salt Lake as he did not leave the State of Colorado with the intention of making his permanent abode in Utah, but left there only for the purpose of taking a position with the city and to return to his home in Denver when his term of office expires. "That on July 23. 1915, he filed in office application for the federal land lands in Carbon county and at that time made affidavit, that he was a resident of Denver, a citizen of Colorado and resided at 17 Corona street. "That on September 15. 1915. October 2, 1915, November 18, 1915, and December 21, 1915, additional papers were filed either by Mr. Shores or by his atIn the federal torney, E. F. Colborn, declared either land office here which in written statements or by affidavits at the time Mr. Shores was a resithat dent of Denver and a citizen of Colorado." Law 1m Quoted. Tn addition it will be set up that the office of chief of police of Salt Lake Is a state office and that the requirements for the holding of the office are as as for the holding of any other great state office. The supreme court in the case of Eslinger against Pratt, reported .in 14 Utah, page 107. held the office of chief of police to be a state office. It will be urged upon the supreme court acted without that the city commission the law in appointing to a state office a resident and citizen of another state and that the action of the commission is null and void. "If the attorney general gives us his consent to use the name of the State of Utah on the relation of a citizen and this right said taxpayer of Salt Lake to at once," wrong, we will"Chief proceed of Police Shores Mr. Rydalch. is ineligible to hold the position, as any are behind knows. Those who nor lawyer do they this suit are not politicians mix in politics. It is being brought by business men of the city who think the should not have to "pay saltaxpayers and who dearies to ineligible officers sire to see a Salt Lake beman in the office. The papers will prepared but who will be plaintiff on relation to the. State of Utah has not yet been decided. "This is a suit of which the supreme court has original Jurisdiction and it As will be filed in the assupreme court. will be a hearing possible speedy asked of the court and we hope to be able to prove all of the allegations which we place in the complaint." WILLIAM E. HOLDERMAX DIES. William E. Holderman, aged 57 years, a retired mining operative, died at his of pneumonia. home, 1398 Fifth East, at 11 Funeral services will beat held the family o'clock Saturday forenoon residence. The Rev. Elmer. I. Goshen, pastor of the First Congregational Interment to church, will officiate. Olivet cemetery take place in Mount was will be private. 111.,Mr. Holderman and came to Utah born in Morris. ago. He was interested for thirty years in the many years in mining- property and he served vicinity of Marysvale as superintendent of mills in the Tintic district. He is survived by a mining widow Mrs. Ellen Holderman, and two sisters and a brother. - j I Herald-Republic- ab ' - |