OCR Text |
Show THE in them. The Court said : "The further point Is made la favor of the judgment of the court below, that the record does not show that the board took any evidence by which to be guided In raising the assessment, and that under section G6T6 of the Political Code, it could not, Tlthout any evidence, raise an assessment. The record does not show by affirmative proof that the board did not act upon evidence before it. Therefore, its order in the Is conclusive that it did act uponpremises evidence such as was necessary. Humboldt Co. vs. Dins-mor- e, 75 Cal.- - 604, 607, 608, 17 Pac, Rep. 710. For the reasons stated we advise that the r . ; ." Judgment be reversed." Tfae Court there holds, that wfcere there-tur- n does njt show that evidence' was not heard, the presumption is that it was. The City Council in this case is vested with judicial functions.- - and with a discretion.' The Court will not control that discretion within the limits given. In Desty on Taxation, rolu me' V page 631. the author says: "Certiorari may issue to all inferior tribunals In cases where they exceed their jurisdiction, or where they proceed illejtally, and there Is no appeal or other plain, speedy or adequate remedy; but an error of judgment, either as to the facta or law of the case, cannot be1 Inquired into In such suit: , and where the inferior tribunal had jurisdiction in the premises, the writ will be denied, but if it had uo jurisdiction, the Court, on petition or the proper party, will not refuse the writ; the wrong and Injury In such cases consisting in the i assumption and exercise of authority not conferred by law. If there be any error or mistake in matter, of law in the proceedings of commissioners, writ of certiorari lies to correct them,; but It cannot control the- discretion of the Inferior tribunal. Erroneous views entertained, or incorrect reasons or evidence' erroneously admitted, assigned, in deciding the controversy, do not make a case of want of jurisdiction, and are not to be considered SUSTAINED. THE REDUCTION ca ths City Council's TirentyiPcr Cent Cut kH Zine H f -- GF i . THE ASSESSMENT EOLL OF THE CITY. ! -- - :l I . ; ... . - the Ground of the pe sustains It in Ample Powe- ofj the Council and the Presumption! That; It Acted bn Full Information. Lawfully and i J t At the morning session?, yesterday . of the Third District Court, J ldge Zane rendered mat er of Hiram Johnlis decision Un theCounc il and the Mayor, an . The Citjy son . :iiUotrpetitlon&3g for a writ of certiorari, la order that the 4etlon of the City Council 1b reducing the assessed valuation on real 0 per cent might1 be reviewed. property d, The decision, wblh was delivered la adverse to the petitioner, and Sir. Johnson's attorney, hh. U.JS4 arjan, asked for hours and was granted a stay; of forty-eig- ht on paperfc prepare appeaL to order la ; The decision is is foljlows: off-han- - i The petition filed 1$ his case asks the Court for a writ f ot .cerjlorarl,; to annul a resolution of the jCity Council, sitting as a .ooaru u 'if follows: jBejit resoltefl, that the assess nient roll be corrected and revised, by? reall real property ducing tbe valuation S cf t of the valand Improvements to ) r r- on certiorari." r ihb co ex err.' s discretion. Assuming that the City Council bad discretion, and that the authority to adopt the was within that discretion, the on such real resolution" uation as assessed, except Court would not annul the resolution. But. state and improvements as already have It is said that the discretion was not exerbeen or may fcerfa ter bo reduced in cised reasonably,, that the effect of It was board for special reasons, the - value -- : : -- per-cen- j bythe valuation ofeach.to I e reduced to 80 per valuation thereof. cent .of the eorrectet a it it he the sens et of this board, thnk nt the proper official the City Council tnstrc era who havij heretofto refund to all tixpaj ore paid their taxeson20 .per cent of the real property and taxes paid by them l1 Injorovements." I j The effect of this res olution Is, if valid, to .4..o t,n: viiitli)n annearlri? unon the 'assessment rolj nfade by the 'Assessor 20 per cent; making- the Valuation 80 per cent of the v,inatiim made by the 'Assessor. 7 It appears from thtef return of the City (of certiorari that tha r.,niii ti the f"writ time for the retufu ot he assessment roll by the resolution was extj nded. and that it was firaUIy returued on tb 4th day of Austust. lS'Jl. and that the tlm to sit as a board of equalization," and to hi r and determine ob jections made byrprop'erty holders, waa fixed from the 2ist w! meidist oar oi August. That the board sat f m nme to time until there were Dl9jonjecti ns by property hold- ersto the assessment f real estate, and that ".finally on tha; ICth ay of September the resolution read was a pted.. The question "arises! had jthei Council, sitting as a board of . equalization, the power to adopt the resolution and to' reduce the "assessment of real estate -- u irer vcut-s - to render the assessments unequal and 'the valuation of property would not be uniform. That it would be assessing the personal Its market value, and the real property at estate at "20 per cent below. Of course, the City Council, sitting as a board of equalization, must act reasonably. They would not have the power to assess the property of one man of its value, or any other fraction of Its cash value, and assess others at its full value, aud I would be disposed to bold that they would hot be au- tnorizeu to aaopt a rule of assessment or to make discrimination by which they would assess personal property at Its market value 20 per cent less. The as and real estate at sessment must beust and equitable; equal ity is equity and it is justice. - The board would not have the right to make discrimi nation, out me question arises here, can the Court determine thst the assessment made by the City Council reduces the vuluation 20 per cent below its cash Tame? Of course If we take the judgment of the Assessor, and say that that is conclusive. then the assessment made by the City Council is 20 per cent below the cash value, but if we take the valuation of the City Council as conclusive.' then the valuation of the Assessor is 20 per cent above the cash value. x ao not unaerstana mat me council undertook by this resolution to assess the real The return Of the assessment roll to the estate below its cash value; they undertook. Citv Council save th at tribunal authority. to assess it . to as is coneededj AT ITS CASH HUB AND DETERMINE OBJECTIONS and to assess it right. I presume, as It is made to assessments, but counsel , for the generally done In many cities, real estate plaintiff Insists ithat it did not give the and personal property very often are asCouncil jurisdiction a ndv authority to make sessed at much less than their market value. a general reaucuun in the valuation, and The rule for making air such' assessjustand that as to all of the property holders, except ments, one I think our law requires. the ones who made special objections,. the Is to assess It at Its fair market value,' action-o- f the City Council was without there Is no evidence here that the Court and can authority, so that the question presented is, act upon by which it can say that the per bad the City Council! sitting as a board of sonal property is assessed at its market 'equalization, authority to make a .general value and the real estate is assessed at reduction upon all pf the real property, as 90 per cent that of market value. The Court its well that to which j no objection bad been must assume that evidence was heard by made, as that to which objection had been the board. The Court will not presume Dade. i J! that the Council, sitting as a Board of The section relied on is 388 of VoL 1, Com- -. Equalization. Intended to do injustice; that piled Laws of Utah jqf 18S3, it is as follows: they intended to make persons whose capi The City Council Shall have power by ortal consists In personal property pay 20 per dinance to regulate) 4 he form of assessment cent more than those whose Is in and rolls, prescribe the duties and define vested in real estate, that theycapital were guilty the powers of Assessors and Collectors. The of any such injustice. annual assessmentitlls shall be returued by - I am of the opinion that the prayer of the the Assessor on r jbdfore tjie first Tuesday petitioner should be denied. . Tha Judgment of July In each Jer but the time may be. is for the defendant. extended or additions made thereto by order of the City Council. On the return BPOBII5Q thereof the City Council shall fix a day for and hearing objections thereto, any person A special meeting of the directors of the feeling aggrieved yf the assessment of his TYrlvintT Park Association was held in the property., appear at the time specified rooms of J. M. Nelson, and as the entries and make his: objections, which shall be were not filled on the last- meeting the en heard and deteri ulned upon by the City trfr4 nnri schedule were chanced, and All Council; and they shall have power to alter, entries will be closed promptly at 8 o'clock add too, .take from and otherwise correct : owners mil notice this on night. Saturday and revise said as eisment rolL" nnd hara their blanks made out In The first rotisIcjn is, On the return rhnnra the short space of time the thereof the qityTCaujncil shall fix a day for time. Owinghastobad to make this meeting, association hearing objection: thereto, and any person first of putting up 810.000 In purses feeling aggrieved b the assessment of bis was purpose had promised abandoned, but as property may appfeair at the time specified the owners a meet and atbey outside field good: and make his ibj ct ions, which, shall be heard and deteri nihed upon by the City are represented, tbey have hung as liberal as they could without losing money. Council." 0f course the meaning of that is, nurses Tn tha nmnin? races there are two of the "that the City teoupciil shall hear the objections on proper evidence, and determine fastest horses entered In theincountry. Kettle S. and Jim Miller, and also the pacing the npon the validity of the objection, whether field will be unusually good. The directors well taken o not. j And thenj follows this: "And they shall have been corresponding with the- owners Hanks and Allerton. have the power kq ajter, add to. take from, of Nelson. - Nancy and have received v positive answer and otherwise eprrect and revise said ashere' in the will . be sessment rolL'V fTbe question Is, whether savins asthev has association the nrlnff. already de- this power to after add to, take from r un in $25,000 purses. Mr. cided bans ta otherwise correct aid revise the assessmei.t ownar of the the magnificent Salisbury,roll must; be co i feed to the assessment to be here on his made; the Jangai'is quite broad. They, j pacer Direct, has promised t r K i me (.ouncif, "shall; have power to atter the wav East. was very poor at service car treet The assessment: roll. ,1s That broad. very the last meeting, but- the association has The ;.i made arrangements with the company 'that BEDCCnOS tOt TWESTT TZ& CEST ' will insure - good - accommodations to and of the assessment toll would be an altera- - from the track. The road on Third .South tion of that; roll. br;addinc to it would be an uhotni' fiied nn and the Dubllc can drive provision is general and out In safety. Below is given the programme appaes in. terms to the whole assessment for the week commencing Tuesday, October rolL The Counr l.lin this case, have not four days: added tq jt; but tih' question Is, if the Coun- - 20th, lasting .thhbitV rmT ciLwere satisfied that the whole valuation was 10 or 29 mile, heats.. 1150 First race, running, pet cent too low could they SAnnnd 3t .. ........ have added to race. S:i naos. .. it The reduction of 20 per matched race cent Is taking fj n it. The statute says: Third race, yearlinev SECOND HAT (WEDNESDAY). jAnd otherwise! rrect 6aid assessment ths mile, heats 150 se ve It would rdlv ha ctnAPtd that k First race, run n ng, W" ............... . sua roan would oWWt rto his BSSPKinipnt because Second race, 2:35 trot it was" too loW. j The power to add to is Third race, 2:30 pace... ... 100 race," given; ao additSoi would not likelr be an Fourth ' TBtUD DAT (THCB9DAT). ' objection; It is feild this must aDolr to an 150 e dash. ... . u.. First race, objectionl I Peo el hardly ever object be 200 trot . ... Second race, cause their probertv is assessed too lo soo 2:24 trot.., v The City Coudcll. as a legislative tribunal Third race, rOUBTH. DAT (TBI DAT). of the city; Is si a board t of 150 mile dash. First race, running, vested with judicial functions equalization . 250 of passing Second racef a:40 trot.... . . . 500 ... pace for and'aeainst khem. The Council has a Third race,.'- - SPORTISO 50TE8. J.; wide discretion in many respects 'and en veteran Dedestrlan. ar- the n.n'Tit,v trusted Urge control so far as the Legislalast night. Ho expects to ture of the Terrtory has seen fit to entrust rived In the citysome of our local talent, and with have a go the affairs of the? people living in the localmen of note have taken several as sporting ity and wit! jlio limits of the city to the the race in hand, the usual way that these local authorities., : avoided- There isju' . jr section which has been matches end may be referred to. section 17S7, in the same book. tackles' Aroiea sai . t is asioijows;) ia the world for Cuts, Braise. salve fi bst "Said Board of Equalization is hereby auSores; U!oers,Salt Kheum, Fever Sores, Tetter. thorized tp ad minister oaths In the discharge Handi, Chilblains. Corn and allnoSkiu f of official pay dutiei, and It may require prop- - v"aptions, andi positively cures Pile a, or sot It guaranteed pjrf to give a statement to It of 8 cents Price refunded pe: or money ; their taxable; property and Its value, underto boa. SJ A. a Smith Oa,. oath, and It may summon such othr appear add testify before It as it ay deem necessary ito carry out the pro-lic- ns TINTIC EXCUKSIOS. this act." tf It would seent from' this that they have The C P. "WI1X Jtun a 3 Excursion to . Eureka on Sunday. to summon witnesses and tp bear authority ! Pacific will run an excursion Union The objections, and to pass upon the work of on tSe Assessor.., The Board Eureka to Sunday at the cheapest rates is of Equalization offered the fare tor the round trip ever feeliJ110"6 a tribunal to which any person ng" himself aggrieved may appeal, and It being but $2. The train leaves at 9 a.m.. Eureka at 12 noon; returning Would - jum , K... .v. rtu. WUUWAAII 1. mtul t arriving at VII m.. arriving In this city at 5 p. at ta authority ,to examine leaves the assessment , roll, and to correct it, and my opinion is 8. p.m. it would have a right to make any reasonaTwo special coaches will ba reserved for ble alterationa'and cbrrectioDS. It does not ladies. tppear in tha return that the Council beard j The purchaser ottbe lucky ticket will be a mlalog claim. py evidence, rior does it appear that they presented with cd not, but the presumption would be that The Salt Lake Driving Tark Association Jhey acted opon reasonable evidence. The a six days meeting October 19th to Court would presume that they acted reasonably unless there was some evidence to 24th. and glveglO.OOO In purses. tha contrary. Kemovat. . , ACTHOKOTZS CITED. & Schroeder have removed from Stephens Tbe case of Hageaineyer vs. The Boardd the Opera Iiouso tlocir.to the Commercial CJ Iqaallzatlon, block. reported In the twenty-i-:rIs a Pacific page 14: This CaliGarfield Tea for dyspepsia. case decided Eeporter, by the Supreme Court of fornia, and it was an application by G. Kecords LSroen for a writ of reviaw to annul at the new mile track every day next week. "isarueyer order of ttie Board of Equalization of the best horses la the East will be endocico county raising bis assessment of Some ofTake the Seventh South and Poplar here. taxes, There was a cars frcm State street. judgment for the plainGrove acJtetrard appsitled. Ia tbat cusa -5 ril.-.?ChUTm,i'J tas ruches' t'Jc'IorLs, ' it taxes instead cf Iotss- 1 ; -- two-thir- ds " - 1 . TAt-TT- J m-a- - ! - ' 1 - . - nr five-eight- 1 2-j- -- pony-race..- one-mil- ; three-year-ol- d , . one-four- th free-for-a- ll . " ; . satis-ilciio- te-gi- rty-own- ers per-ons- I -- - '- - I .' e j 1 I . t:-sr- d ' a, O HUE SALT iltiiaiaUt 1 TO PUT THE ROAD. THROUGH QUICKLY. n would have to bo self-sustainin- g, DEE a year, and there is scarcely u road In lh United States that earns t ho amount. There is nothing in the popuhttiou, products, now or prospective for the next ten or fifteen years, that would justify the expenditure of bo much money for such a shore roiid. I know of but two roads in the country that could afford to build such an expensive line. These two are the Pennsylvania, between New York and Philadelphia, and the New York Central between Buffalo and Albany." Being asked whether he would change the name of the president's car "Ballyclalre," he said: "I don't care what the name of my car is. A caboose is good enough for me to ride in." .e 13 Cj 7h -i r- VVltJli L.tltU.11 4 tee i::de;tec::ess cf ti:e i ss:-:o;l- s. The report of railroad earnings for September Is by no means disappointing, as will have been noticed by those who have scanned closely the figures as tbey have appeared from week to week. For the third week in September the aggregate gross earnings of S3 roads were $3,091,898,-agains$7,519,452, showing an increase of $572,356. The average gain was, therefore, nearly 7J per cent. The losses are nearly all small, and the only Important system which shows a f alltug off Is the Richmond & Danville, with a loss of $5120. Among those' which show noticeable gains are the Atchison system, the Louisville & Nashville, the Missouri. Kansas & Texas. Chicago. St. Paul & Kansas City, Chicago & West Michigan, Lake Erie & Western,; Louisville, New Albany & Chicago, Rio Grande WesternVand San Antonio & A ransas Pass Roads. Notesw jr 1 t Colonel F. P.' Murrayireturned this morn ing on . the Bio Grande "Modoo":from a seven weeks' trip In the East. He brought back his daughter, Misi Cora, who has been - ? attending an Eastern seminary, ; j The Col onel was ,ia bis happiest vein; for he has succeeded In demonstrating :. Chicago capitalists Hhat a rojid to Deep Creek is bound to be a paying 'investment, and has raised, he says, $1,650,000 in Chicago, and as much more as, may be necessary. What he now asks of the city is that: h6 be given a franchise to run through the city! and for terminal facilities. If Salt Lake twill treat his project decently there Is, np; reason why. he . should not be ; grading 4 ln thirty days. The Hue of the route; is ! known. and it is the intention to build net only west but east, - up into the Grass fields; and the ij timber Creek, coal regions beyond. This will make the road Independent of the Bio Grande: and Union Colonel Murray Pacific coal departments. bis organization has no connection with says Bacon-Jonoutfit. He is lading enthe tirely independent of i them, and his road will be eminently a Salt Lake railroad. The pilgrim has had a busy time of It while away and got In lots of work.i '.and Is confident that he has a good thing in: the coming Salt Lake & Deep Creek Railway, i lle also organized a company! with 105,000 capital to develop Utah mines, and several of the company will be here hext week to look over the Gold Mountain property in Cottonwood, mill Is to be-- erected. where a ten-staes . . A BOAKZMAX - , j j KILLEl.j j it Diamond A horrible accidentjoccurred K. O., Creek, a small station on the D. yesterday morning kbout 10 o'elock, .In which James Fisk, a brakeman, lost bis life. Fisk was; standing ,on:a;car; loaded with stone and In coming around; a curve 1 .. A VALUABLE BJELIO. The Department of Transportatln at the World's Fair is offered one ot fhe most valuable relics of the early days of railroading in this country, aud will doubtless secure it for an exhibit. The old locomotive "Samson," built in England in the "thirties" by the celebrated Timothy Hack-wort- h, and brought to this country In 1838, is still In existence and in working order. Accompanying It Is or quaint old passenger-ca- r, built in imitation of a: stage coach, both standing on some of the old scalloped or rails. The engineer who first ran the locomotive Is still alive, and If still living at the time of the World's Fair may accompany the venerable engine. fish-bel- ly -- the car turned completely oyer, carrying Fisk with It. , The unfortunate man's head, from the chin to the forehead, was torn completely open, the rjght arm' reduced to sbreds and the entire chest crushed in. The remains were brough t to the undertaking establishment of William Taylor, where she inquest will be held to-dat 2 o'clock. The deceased has a wife living In Michigan; who has been whred of the sad 'occurrence. "Fisk has; only been working lor the comof pany about a month ind little Us iknown L i t his antecedents.: i THE AMUSEMENTS OF THE CITY. t ths apex bailwaV; Denver Timet, 14th: "BrlcVj Pomeroy, A. S. .VPbittaker and Judge Rogers- of the ST. MARK'S GUILD MCSfCAI. ENTERBingnampton (N. Y.) Call took this mornfor the 'purTAINMENT LAST KVESINU. ing's train for Silver PlumeAtlantic-Paciflo pose of looking over the tunnel. Before taking the train Mr. IlK-M:A 'Pleasant and Artistic Concert Choir "I see that it is defied that the Apex and Choral Society Meeting- in the TabHallway Company are considering a propoernacle Other Matters. tunnel sition to utilize the Atlantic-Pacifi- c for railway purposes. iBoth Mr. Smith and Mr. Miller tell me thai they dd not deny musical and literary entertainment the report. The fact is, the. com- ot The last evening, under the auspices of St. j the proposiconsidering pany is Mark's Guild, in Chamber of Commerce tion to use our tunnel. ; feTbe"! i directors hold- - a meeting, on the 30th Inst., Hall, was one of the most enjoyable events and before that time, tbey'bave agreed that of the season. . Fully 200 people attended, the surveyors shall run a Hne to the mouth and experience showed that the hall is good of the east entrance of tbe jtunoel for the for concert work. The Quintette Club the" deflecof and getting thejgrade purpose Delibes's "Naila."! "Love's Dream played tion from the route already, located. Mr. After the Ball," and a minuet by that emiKimball of the Union Pacific ha a survey nent 'cellist and gifted writer of chamber rue be a once told and made that it is better music, Boccberlni. The club sustained its grade from Georgetown to the tunnel than past for excellence in from the valley to Georgetown, f have not reputation of the and expression, but the been working, all of .these rears! and not technique, phrasing was worthy of of minuet the performance know, what I acq doing! Some railroad will each instrument at commendation, tunnel We are special use the Atlantle-Paolfl- o and these an times part, independent taking 2300 4000 now In to a depth of feet and are of network in "a glorious interlacing parts feet underground, the deepest-I- Colorado." melody. Miss Lincoln appeared in a pale ' Mr. Pomeroy will remain in Denver dursilk, decollete, and was at her the green ing the remainder ot the week and says i Her voice was sweet and sympabest, conference with; the jApex Speople will be thetic, enough to 'fill powerful yet J continued. and' her enunciation the auditorium.; . f NOTES. 7 7 j She was rewas clear and well defined. The Utah Central Is bulldlcg a one and called both times, the last time singing- a one-ha- lf mile switch at the Mountain plantation melody to her own accompaul-naen- tStone Company's quarry near; Park City, i 'For the accompaniment to- her first The freight engine being fitted up at the encore Professor Krouse deserves special Rio Grande shops with! the device for sepamention, as be extemporised it, while the the water In locomoi audience thought ho hud committed it to rating the alkali from tive boilers, will be out In a !:few ; days and memory. The piano duet .between Miss Krouse was and Pvofossor Conklin be sent down on the desert for trial. . and was Dance" Moszkowski's "Spanish I MB. JEfTEST TALKS.;' of technique and for accuracy distinguished In a recent Interview. President and Gen correct interpretation of the spirit ' of the eral Manager E.T. Jeffery of the D. & Ii. G.i composition. Mr. Gorllnski's "Divine said r ."I have seen Inrthe Denver papers,"! Evening Star" was accompanied by the be said, the ftatemput thatl was appointed: Club, and was well received, the There is no Quintette at the instance of Mr. ManveLbeing what most any woman accompaniment is :It true,- however, truth in that at all. too for anything." would call "just that Mr. Manvel ande I have been friends However, the song is lovely suited to the hardly for the last twenty-fivyeasr, but be has baritone's voice, and ho sang a ballad cn with nor conferred in the recall that was much better suited to not been consulted regard to my entering the services of the him, and which he gave with power and If" Bio Grande Company." artistic effect, deserving the generous apMr. Cop pell at thli point:Interposed by plause received. Mrs. F. W. Norrls occuthe pied saying that Mr. 1Manvel knewi nothing of was part of the evening with readings. selection of Mr. Jeffery at the time he a good Impression, and was acmade She of it corded rounds in Denver, and probably did I Qot know of applause. Her strength : yet. declamation and descriptive in lies rather Cop-peAir. ll wlth' This has rested eutlrely voice recitation, while ber deep, bell-lik- e and the board ot directors," con- suggests would be well if she trained the it Mr. "and taken have tinued they Jeffery, rich gift bestowed on her for the . conaction in the matter very irecently, .and cert stage. The Guild coined a harvest of .with reference only to the interests ef their shekels. Company. There Is ne truili 'in the stateA GREAT MEETING. ments recently published that the Denver was a great meeting last ' evening There & Bio Grande is controlled or 4oout tc D the Tabernacle of the Combined Choir controlled by the Atchison Company.- - The in Chorml Society, numbering In all 500 Denver & Rio Grande stands just as free and voices. Tbey sang the "Hallelujah Chorus" and independent as itiever-- i did, add will be and the "Vales of Deseret," singing the operated In the future, as i bus been in the former with a volume of melody and past, with an eye to; the 'interests of the effect that fairly carried owners of the property and the State of grandeur of off their feet. Conductor aunieoce the Colorado. Any statements'- to the contrary Is highly pleased, and all are have no foundation inffaetnor are there In Stephens that Gllmore wlU be astonished. contemplation any alliances with other rail- satisfiedTHE BHRINEHS WILL ATTEND. or difway corporation J,t3r Interests 'other ferent from those powf existing, i i . The Mystlo Shrlners will attend the first MMy policy Inj rallf ay: management has performance given by Nat Goodwin, the Nat is an old Sbriner, always been to retain Ube old aud trusted comedian, employees of the roid, because I believe and the boys will do their best to make his ex, . that tbey are the best able from theircomstay a memorable one. serve of the the to Interests, perience , Wonderland. pany, and conduct lis affairs advantageThose who saw Cyrene yesterday comously. My owniong service 'of thirty-thre- e years for one corporation, .taken In connec- pared her to the acme of perfection, the tion with the few changes I made while a peerless Carineneita and those comparing railway manager, should be a sufficient ber to Carmenclta say in every war evidence of my conservatism with respect Cj rene is ber equal and in many her supeI : , ; : to these things. rior. Cyrene is the personification of graceSo far as I can see now, I shall have ful agility, emotional blltheness, filled with ' no changes to make or even suggest. Every the eagerness and vivacity of an artiste officer and man shall .stand on; his own whose heart In ber work. She 14 a truly merits and be judged; by hi ; work without marvelous daucer and a queen In every prejudloe or favoritism, and those who best animated movement and conception. 'Toserve the Interests of the company will be day will unquestionably he a big day, being the ones to receive iny stfpgest support. souvenir day for the ladles and Cyrene'a I have ho friends to' bring! here nor am I second appearance. Aside from the great under obligations to provide places .for any danseuse's presence the show Is the best ot season, presenting a combination of persons, official or otherwisei", ' It was suggested thatSs th' first move to be the talent and attractions tn every manner and, Elo Grande Commade by the Denver detail absolutely enjoyable ad strictly A . pany might be the construction of a direct first-clasHue to LeadTille by way of Georgetown and Nat C, Goodwin. Dillon, as contemplated In j the' surveys i . n j "The Nominee" is a great go. made last falL i Tbero are few actors so honored as is Nat Mr. Coppell again took part In the con-ve- rs ttlon, saying : "Those surveys cost the Goodwin. His new play, "The Nominee," is one of Denver & Elo Grande Company $90,000, and it was money thrown away, f The on. surveys the liveliest of comedies. Brimful of fun are not worth the paper they are Mr. from first to last, and there Is not a dull Moffatt could no more easily raise 112,000,000 moment or a dull line In the entire play. The first act-i- excellent, the second act to build that 129 miles of road than he could j H':: J better still, and the third act Is with the fly to the moon "Mr. Coppell knows wore about that other two. Tho Interest never lags, and the scheme than I do." said Mr. Jeffery. "but I fun never stops. It is an adaptation from would not hesitate to' say that it is entirely the French, and the clever authors, Yardley can bo proud of their work. Impracticable. I don't know a time In .all & Richardson, In "A Gold Mine" he gives us As the hero my railway experience: when there has mora art, probably, but when the public go been a greater disinclination among Ameri can railways to build Into the territory of to see him it wants to laugh, and expects to other companies than within the last twelve laugh all the time be is on the stage. In months. To build such a Jltse a3 you sug his new play It has all the laughing that gest would require nH less than $12,000,000, could be Indulged In the space of time alto invest lotted to the play. "The Nominee" will be and capitalists are nbt disposed and their mouey in railroads i without some presented night. their investment. A, Gold Mine" will be presented at the prospect of a fair return on interest charges On 12.000,000 would matinee be ?7 20.000 and ths operating expen?es We are the only coal company in the city would not be less than 7$ per cent of the Glass Creek coal. Consumers' earnings. In other woris the earnings of handling Co-i- l 153 Main street. Co., this 125 miles of road, ia ct?. : ta it ; . ay semi-offlcial- ly - 1 - 1 Poni-rroysa- ld: ; : - 1 ? t' : - - . - - - i ! - - ; , . I - - . to-nig- ht. f - . ! . ' - s. s : to-nig- . rz-.- s ht r- - . r V: I "": i nav i ) , .k - tK a 1 r -V- Authorized Vice-Preside- nt .... Clerk. : !' special meeting of the Board of Educa tion was held last evening. Nelson presided '? and Trustees V uke, Alff, Baybould, Newman, Pike. Young and Pratt were present. The call for the meeting wn read Dy tns A '11 .' " f.v .rJ."Ji,:;!!ij;.!i!:!!i,;;i:; , ."iP1 !ii;;:t $M l-i.. ' ii:i;r;;::!i:jB-:'i:i!r;!!!- . ''" : ; ' - I: vfcri . :li :i BUILDINGS. C03UCITTEE OX SITES AS The report of the Committee on 81tes and Buildings was read as follows: Ilonorabli Board of Kauea ion; Gevtlexe: , Your Committee on Sites and Buildings report bponr having engaged the services of Architect to prepare plans and specifications ot an addit school, in tion of two roms to the Twenty-firsaccordance with a resolution of this board dated September 21st last. An advertisement has been Inserted In TH and Herata, copias of which adDailt TaiBtrsa vertisement ar attached to this report and made a part hereof, solioltlng bida for the erection of said improvements. Said bids accompany this report. Your committee ask that their action be and that the contract be awarded to William J. Tuddenham. the lowest responsible hfl-defor $4317, who flies with this committee a , certified check for Respectfully, i - ' '' . 1 : : -- i . ! , .i" - PRIESTLEY B. J eon-firm- ed L , if 5 &. CO.S STANDARD - r, SILK WARP AND ALL WOOL ;, IL Alff, B. G. Batbocld, A. Pbatt, i. VILLABD 8; INFLUENCE. same source represents that Berlin friends of Mr. Vlllard have within the last ninety; days invested about $10,000,000 in American securities. A large part of the investment is said to have been put into Northern Pacific bonds, in which it Is stated there Is a nool with large London and New York support. At social clubs and In banking circles here there has been lately a free and easy distribution cf points to buy North American stock. The suggestion comes apparently directly from Vlllard headquarters. A tatber unexpected hint Is heard to the effect that Mr. Vlllard has become interested In the Standard OH Company's affairs. The: Rockefeller interest In Northern Pa cific affairs is said to have led ' to Mr. ; VII-lard's introduction into the Standard Oil Company. Reports itbat Mr.'S Vlllard and the Rockefellers have been unfriendly for denied.' some months past are xvf Js V: I It Will An officer of the Deutsche Bank of Berlin, is authority for the statement that Henry Vlllard has now a larger influence and Importance la the affairs of this great institubefore wielded. tion than r he has ever Another entertaining- - statement from this I Soon Exceed Sixty Thousand Dollars Localities Where the New Buildings ArO to Be More Rentals ; - ) '. ' What He Ajsks of the City A Brake- man' Killed at Xiaruond Creek - 4 RAILROAD EARNINGS. The Apex Railway 1 9 Cclcnd Murray Hetcrns iVath th Seeded Fiuasdal Caekins, , 1 f TRIBUTE: " BLACK DRESS GOODS Committee, BirOBT. ASOTHKB To th J. N, Pike, . " ' " Tresldant and Board of Education nd Your Committee on Sites waa referred the duty of proBuildings to whom room udditional for the school a of the viding where needed, beg leav to report that they city have secured the Vestry of the Twentieth ward church from the Church. Association of that ward for the 'sum of thirty dollars per month, with certain privilege and reservations, and th tt a school is now in successful operation therein; they have also secured the vestry from the Eighth dollars ward Church Association for twenty-fiv- e reserved to the church per month, with the right abbatb.-eohoor other purto hold sessions of poses, not to interfere with the regular session of day school, and a school Is in successful opera tion there, thereby relieving the pressure of the Eighth and Twentieth schools; and we recommend that the president and clerk be authorized to execute leases in behalf of the board with the officers of the Church Association named on the terms named herein to the end of June.; 1802. The committee has also secured the African Methodist Church near tha D. & B. G. depot for tne tbe sum ol gSi per montn, and recommend to close a ' lease on the president and clerk premises at the same terms as the Eighth and Twentieth. This will relieve the Sixth district. In the Nineteenth district we found an enroll ment in three rooms of over 230 nunUs with three teachers and contemplated recommending tbe erection ot an additional class room ana recitation room to partially relieve the pressure on that building; but after mature reflection, we think it would be more economical and desirableto adopt a plan for an eight-roobuilding comand erect thereon a portion of said build, ug containing four rooms and closets, and have everything ready to complete the building at the" olose of the school year. This buUding can be erected as near the center of the. 10x10 rods owned by the board as is desirable, by only removing at presthat has been built about ent one class-rooother buildings twenty years, and removing the to at the close of this school year complete the new building. This lot is centrally located to accommodate the children of the Nineteenth and Twenty-secon- d wards, of which there are within a three-bloc- k radius 872, and within a radius S15 children. We ask that this committee be authorized to advertise for sealed bids for the erection of the the plan is apbuilding recommended as soon asbe And that contractors requested to proved. state in their bids the price payable ia bonds as well as the price payable: in cash. Respectfully r R. Alf, . submitted, . ... B. G. Ratbouxd, t . ' Asraca Pbatt, Are made of the purest and best silk and the finest Austral-ia- ii Wool. IjThey can be distinguished by their softness They will regularity of shade and finish. and beaut wear well and look well as long as they last. o! EVERY) YARD IS GUARANTEED K f the TO BE PERFECTLY jit TO THE WEARER, SATISFACTORY which Is and for additional security are, They are put up on the "VARNISHED PRIESTLEY TRADE-MAR- K, BOARD STAMPED EVERY FIVE YARDS on the uncjer side of the selvedge, with the manufacturers name (B. jPRIESTLEY & CO.) in gilt letters. We invite you these goods before making purchases, r . m - : ; "5 3 i. .io-examin- " two-blo- ck Groesbeck MINERS, ATTENTION . ' i John N. Pike. The Board then went Into ' a Committee of the Whole to discuss the financial standing of the Board. Mr. Young in the chair. .' Mr. Nelson, in behalf of the Finance Committee, made the following statement of the debts of the Board :'..:. 8 5,345.8t Bills oa hand.. ...... Purchase of school sites Seventh school addition Reports due to October 31st the City. Write Us for Prices. TotaL ..J6i,361 .57 'Mr. Nelson said that the committee bad not ordered the bonds printed because there bad been no bids made for tbero, and be- cause there had been different preferences expressed by correspondents as to whether the bonds should be coupons or straight registered bonds. Mr.. Raybould asked If any objection was made to tbe rate. Mr. Nelson said that .Mr. Penh ale,- - a representative of bond syndicates, bad said that if he submitted a bid it would be on a 6 per cent basis; but as a matter of fact he hadn't submitted any bid at all. ; wanted all the members to rr. Raybould a petition to the Legislature to raise ; the rate of the bonds to 0 per cent. Mr. Pike .thought it , poor policy to raise the interest on the bonds. , All the members seemed to think that the bonds should be printed as they are now. and then they ' could be used as collateral to obtain a loan of money on if they could not be negotiated. Mr. Nelson made a motion to that effect, and it was unanimously carried. The question ot settllag up with the local banks on the overdrafts came up 'and It was decided to pay them as soon as the money for taxes and Territorial apportionment to the schools Was available. ' The board! then resumed" Its session, the action of. the Committee of the Whole agreed were to, and the reports of tho committees ' discussed and adopted. ; The meeting then adjourned. A riES AT THE TEr?L-Tb- -. ; rTi Tj ; m The eminent specialist of Twenty Tears ; ing has opened a . -- - stad MEDICAL AND SURGICAL INSTITUTE For the. cure of all Chronic Diseases, AT HOTEL TEMPLETOHi SALT LAKE CITY, UTAH, AH Old l3yy: -- rd y Uia LI f 5ew Friesds Kada Hdccn)? SisL FfilR IS US mn I : SIM W U L 1 Ilk AND EVERYBODY IS SUPPOSED TO SETTLE DOWN TO BUSINESS, OS m - FKEIi . LANSING! - A fire in the linen! room ol, the Teuijpleton Hotel, on the second floor, byjSkfe chambermaids sleeping in the adjoinlogroom. They were awakened by the smoke stifling tbera, door saw and on. opening the lindn-roothe racks on. one side of the room all in a blaze. The Fire Department was summoned, and it responded . promptly, but the girls had extinguished the fire palls--o- f watery after about with $25 damage- bad been done. On investitucked away gating. Chief 8tanton found among the burnt linen a. can of gasoline with tbe nozzle uncapped, an open can partly full. of. varnish, a.'cao of oil, an ARE HERE TO STAT. CONSULTATION ; Out in the tinea Boo t, hut Ia Quickly Subdued. was discovered at 2:3d this morning CO., & 241 Horth. Ttiird .West. -- - It Break!; ' p MERRILL r22,380.81 38,9J(1.76 '; j OR GONTIMBER81 2.000.00 11,000.00 1,500.00 Overdrafts due to banks, ' The. Largest Stock of J-- I -- doLlghton. Call tho attention line of i NO. 160 MAIN STREET, of their city trade to their elegant and complete Fall and Yinter Footwear for Men, Ladies and Children ; - uncorked jar of spirits of. turpentine, acid and muriatic jar of a broken Jar. of aqua ammonia. This explained the lactealwasfluid In tbe tropical fruit right off. It spontaneous combustion,- and one of the girls thought the fire hud been smouldering for several tbe night Both they and hours. clerk' said the presence of the combustibles was not known to the sew management, which only took charge a few days ago. but was a Telle of tho former management. The It will do no. stuff,was removed to where more damage Tbe hotel was pretty well filled with smoke, and yet with this and the racket incidental to extinguishing the fire, not a guest was disturbed. V "Manitoa" Is bottled just as it flows from the Jsprlng at the foot of Pike's Peak, Colorado. Ilofhelmer & Gold water, sole agents for Utah. Jkure Maple ap. We guarantee our Maple Sap to be absolutely pure, and will forfeit $100 if our statement Is found untrue. Itia made directly from the sap, and is far superior to sugar. syrup made from mapleBOOERS & CO., The Leading Grocers, , 45 East 1st South St. To the Eaeei, October X9tn to 24tb take the Seventh South and Poplar Grove cars from State street.:tit9 for IZzzli, a As usual, there is nothing lacking in either quality, shape c: , style. The newest thing for evening waar and Novelties in Slippers - 'l- - . r. . HO. ICO IJAIIT STUEST. A T3 NELSON L RANSOHOFF Has added to his already well selected stoclc of I -- . ' j V; ; 1 Ladies'; and Children's Underwear, Hosiery, Ribbons, " LiCES IND EUBEQIDERIES, CHILDREN'S HEAD WEAR - A MOST ARTISTIC 0D K0TJD3 AND COMPLETE LIXE OF , - Comprising .all the latest in Stamped Linen Embroideries, Draperies, Ac. NELSON A. RANSOHOFF, r7"Special attention to mail orders. 44 BOUT EH |