OCR Text |
Show Nephi City Utah,' June 30, 1899. Vol. VII. 4th. of July Celebration. All Arrangements Celebration Completed for the Program of ray. No. 3. AN ORDINANCE. torneys generally that in the versed and new trial ordered. The testimony in the case was future the rule of this court rehours closed at the adjourning hour, An Ordinance quiring at least twenty-fou- r Providing for the Issuing would and consisted almost; entirely of motions of notice and Disposing of Certain Bonds by previous Nephi City, In Lieu of an Equivalent be rigidly enforced. reading the testimony taken at the Amount of Other Outstanding Bonds former trial. The Marks case was continued ol said City and In Order to Enable On rl hursdav the arguments to till July 7 and the Fitzgerald case said City to Ratund said Outstanding the jure in the case of Joseph F. Bonded Indebtedness. till July 8. vs. tbe Ajax Mining com Potter James Ay ward was gran t'd a the most of tbe fore - liE ,t. AM1 IT llBllKBT 0lU)iIVEU BY TBB ClTV divorce from Usama, E. Alyward pany occupied , 1 he PoiNri. Utah. juiV Were Out about The noon. on the grounds oi Thatforth' of paying purpose an hour, when they returned with a s!ttl'n,,. refumlin'T the issue of seven thousand . perties had only lived together a verdict IU favor of tile pla.lltlff 7, (Ml dollars of the bonds of Nephi City, about two weeks when as the eviLlal1 authority of A resolu- for the sum of 82000, just $50U lion of said und,r dence showed the defendant refuscity passed August 30th, IPS, niore than was giveu in the for- tilled a resolution prodding for the issue of ed to live in Eureka any longer. ouds for corporate purposes, and for the remer trial. funding the indebtedness eideuced by said Judge Higgins made the followThe case of W. I. Frank vs. the bonds and issuing iu lieu thereof bonds of an ing rulings Tuesday in cases which Bulliou-Bec- k amount, seveu thousand 17,000 and Champion Min- ejuhilent dollars be borrowed on the credit of said City, had previously been argued and and the committe on finance of the City Couning company, wua taken up cil Sdbmi ted: of said city is hereby authoiized and diThis is afternoon. this another rected to contract for tbe lithographing or In the case of Georgo Crooks case, where the printing of seven bonds of one thousand 1,000 against Jesse Knight et al., demur- personal damage dollars each and to sustained defendant pergonal in- of said Nephi City,purporting be obligatious er overruled ad ten days given to juries to his back by rock falling Sec. 2 Said bonds shall be know n as Nephi answer. ity Refunding Ronds and shall be issued and on him, while working in the de- sold for the express purpose of refunding said James Mick els on vs. East Tintic fendants mine, and fr which ho seven thousand 17.0O0 dollars of indebtedness Railroad company; demurrer overor Neplii City, evidenced by seven bonds asks damages in the amount rf of said said city of the denomination of one tl ruled and ten days to answer. dollars each, issued and sold pursuant The testimony was Alma Gold Mining company et 815,000. to said resolution of said city, which said last in part. heard named bonds are payable at the office of tinal. vs. Primrose Mining company treasurer in Neplii City, on the first day of Joseph R. Schwartz, a native city et al., demurrer sustained on the October 1899. All lnom-- s arising from the sale citito was admitted of Germany, of the bonds issued pursuant to this ordinance ground of misjoinder of parties and Khali be appli d soli !y to the purpose of paythe motion to strike out sustained; zenship. ing and refunding said seven thousand dollars of the bonds issued pursuant to the aforsaid plaintiff was given ten days in resolution of August :?i'tli, lSMi. which to amend. Sec. 3 The said bond , to be issued herein Minins: Matters. shall be dated the tii't da or October 1KJ9, and Nephi City vs. Edward Moore-houseshall be pa. aide ubsoluh-l.twenty years from were two cases which were their date redeemable, In never, at the option Attorney Edward Pike of Eurp-k- a of said city 'tt any tune afti ten years from taken up to J udge Higgins on apof their issue, Monday filed with the coun'v shall In- numbered peal. The charges against Moort-hous- o recorder here a conveyence plaster- from to 7 both inclusive and the prineipal pay aide at the odb-- of the City Treaswere that he sold liquor con. ed with $125 worth of Uncle Sums mnde urer in Nephi City, in l S. Gold Coin and date at the trary to the laws and ordinances revenue stamps. The deed is to shall bear interest only from rate of 5 par cent per annum payable semi-of Nephi City. When the case was the Black Warrior Mining e annually on tile first day of April ami the first tried iu the lower court before day of October of eaeli year. and the ofTiutic, conveys bEC. 4 Said bonds s. mil lie signed by the Justice Stout, the defendant was property now being operated nos th Mayor and City Recorder, and nttested by the found guilty of the offences charg of of said city, and the Mayor and known as tbe .. corporate the Bulliou-BecCay Recorder are hereby authorized to sign ed and consequently the appeal. black Wairior and Fraction lodes, rnd attest the said bonds, and when so signed The evidence for the city was for a eonri deration of and attested, said bonds shall become and 125,000. shall be obligations of said city, for the pay two given 7 professional This property is said to he on a men t of which the faith and credit of said cify spotters whose placo of residence continuation of the great Beck ore are hereby pledged; and to each of said bonds there shall be attached forty coupons num is in Mapleton, Utah county and channel, and indications are vcy bered from one to forty both inclusive with the John Pidcock of Weber county favorabJ for the discovery of ore proper dates of payment named therein, the coupons borne by said bonds shall bear the Utah. D. D. Houtz was the attor- as development progresses, the lithograph signature of the Mayor and City ney for the defeudant while Dis- til ift now bring down a depth of Recorder. Sec. 5. The City Recorder is hereby authoritrict Attorney Mariouaux and T. 025 feet in a show ing of mineral- zed and directed to advertise for a period of L. Foote were the attorneys for the ized lime and days iu some daily newsquartz. No greater not to exceed twenty In Salt Lake City-- , of said city paper published The city. jury in both cases can be altair ed by the wlnra, and to sell said bonds, and requesting bids for all in of not guilty the directors are now verdict any portion of the saute, reserving the brought considering or the part of said city to reject any right and consequently the defendant the question of a now hoist. Con- or all upon bids which may be offered. The bids so was discharged. shall be delivered unopened by the tinuing along the great belt in received City Recorder to the eommitte on finance (with On Wednesday the attention of which the Black Warrior is locat- the mayor associated) of the said city council the court was taken up with the ed is the great ManLatta Hill at the place and time named in said notice. The said committe on finance with the mayor case of Joseph Potter against the group and the Jefferson group, associated, shall open all bids received by Ajax Mining company, it oc- and it is understood that Watson said recorder, and they nhall award the pur-chase of said bonds to the higest bidder or bid-cupied the whole of the time. M. Nerijit, the well known expert ders therefor. Provided that said committe It will be remembered that this is has ju.'t concluded a critical exam- on finance withiuthe mayor associated, shall have the right behalf of said city to reject the case where the plaintiff ination of the latter group and any and all bids, but in no case shall said be sold for less than par value and the brought suit for personal damages will at once supervise active work bonds accrued Interest at the time of their disposal. alleged to have been sustained in its development. Pec 6. There shall be set aside out of of said city a sum sufthe while working in ficient to pay the interest on the said bonds. companys mine in 1897. Skc. 7. The bonds issued under the provi Notice. sious of this ordinance shall be exempt from Iu March 1898, theLoudon Guarantaxation by said Nephi city. tee and Accident company, which Tassed and approved this 20th day of June was liable to indemnify the Ajax We the trustees of Nephi School Dis- A. D. 1809. E. It. BOOTH, Mayor. company, secured a release from trict No. 2 give notice that a meeting seal, tI ATTEST. Potter of his cause of action with- of the citizens of the eaid district will t K. L. TAXMAN, out the consent of Potters attor- be held in the Central Seoul building 7th 1899, at 8 p. m. for the City Recorder. July Friday neys, Powers, Straup & Lippman, purpese of nominating one t.rutstee to State op Utah, of Juab. and then had the case dismissed. be elected July 9tb. 1899, for the term County City of Neph I, K. L. Paxman City Recorder in and for Subsequently these attorneys mov- of one year. Nephi City, do hereby certify that the above Mrs. II. II. Grack ) ed the court to ret aside the disv Trustee?. and foregoing is a full, true and correct copy Chas. H. Grace missal that had been entered under of An Ordinance providing for the issuing J T. tl. G. Parkes and dleposing of certain bonds by Nephi City, that release. The court granted Dated June 17, 1899. in of an equivalent amount of other outthe motion and permitted the atstanding bonds of said city and in order to enable said city to refund said outstanding torneys to proceed with the suit bonded indebtedness, passed and approved for the purpose of collecting the Fourth of July Rates. this 20th, day of June A. D. 1899. In witness aherof I have hereunto set my contingsnt fee which they had In For the above occassion on any point hand and affixed the corporate seal of said city this 21st day of the case. The cause of action, of the Oregon Short Line within a A. L 1899. June seal. miles from 300 staof distance selling K. L. PAXMAN, under this ruling of the court, an open rate of one half fare for City Recorder. was brought to trial in March 1898 tion, the jound trip is authorized, and a verdict was rendered in Selling dates July 3rd and 4th, final Do You Want Money? favor of the plaintiff for $2000. limit July 6th 1899. E. D. Wickins. Ladies or Gents can make lots of Agent. Appeal was then taken to the it by selling the new Chemical Eraser. Supreme court by the defendant Sells on sight. No user of pea and $2.50 and for certain errors of the trial The fact that Fitzsimmons got ihk should be without one. Send for complete outfit containing 1 dozen, court in charging the jury in re- the big end of the purse, although or send 35cente for single sample (you will sjon want more of them) to C. L. spect to attorneys lieus, the judg- he got licked, shows him to be am Jackson 221 Iowa Avenue Salt Lake ment of ths court below was re. able financiei . Cily. 1 W. A. C. BRYAN Attorney - Nephi at-La- w . - Utah Charles DaTJoisj, ATTORNEY-AT-LA- ovNei-hiCity-- Raising (he Hag aiul salute at sunrise. Music by the Baud. At 10 a. m. citizens will meet at Central Park when tlio following program will will be rendered. T. L. Foote Master of Ceremonies. Choir Praver By Chap'in W, II. Warner Music Brass Baud Reading of Declaration of Inde- A,T. McCanne pendant...'. Ode to the Flag Mr. S. A. Cazier V. E, Candiand Speech Music Brass Hand Jacob Coleman Speech Ernest Winn & Co. Song Ilosoo Grover Speech Oration Thomas Marioneaux Peter Anderson Song Toasts and Sentiments.. ..By the Public America. . .Choir and Singing Singing Congrcgr.ion Prayer By W, H.Warner Chaplin AMUSEMENTS. A dance for the children will be given in tbe Opera House at 2 p. m. Games, races and other amusements at the C ntr tl Park at 4 p. m. at which valuable prizes will be given to successful contestants. First Boys race 75 yds. Second Girls race 25 ds. Third Boys sack race 100 ids. Fourth Tub duck for oranges. Fifth Egg race girls. Sixth Old men race. Seventh -- Boy walking race. And others. By order of Committee. 1 FIFTH DISTRICT COURT, The Following Business was Transacted Before Judge Higgins This week. Judge ITiggim has been engaged more or less every day the past week in the hearing of probate and other matters of mior importance. Monday the petit jury appeared iu response to summons, and court wi;l be engaged iu trial of law cases for the next two weeks. When the state against Anna Marks and the state against Michael Fitzgerald vrtre called for trial, JudgePowers appearing lor Mrs. Marks, and also appearing specially aa representative of Fred T. council for Fitzgerald, interposed motions for continuances iu each case. In the Marks case he based it upon an affidavit of the defendants ilness, and in the Fitzgeiald case. upn the illness of Mr. McGurrin and the absence of Neither of material witnesses. these motions kad been served upon District Attorney Thomas Marioneaux, and tlia states witnesses in each case had been subpoenaed and were present and thestate ready for trial. Mr. Marioneaux commented upon the unreasonableness of filing such motions at the eleventh hour and putting the state to unnecesMc-Gurri- n, sary expense in vetting its witnesses here, as wrell as leaving the jury with nothing to do. The court in passing upon the motions strongly deprecated such practice and admonished the at j de-ertio- n. j Bank Building, I). D. HOUTZ, l Attorn ey-a- t- Law. Pro vo City, Utah. TIIURMAN & WEDGWOOD, - Attorneys C - Provo City, Utah. Room and I at Law. 3,. first National Bank Bulluing. rROVO. 3EO. UTAB C. WHITMORE, W . President. S. McCORNICK, C. S. TINGKY, Cashier t. FIRST fJATIQkJAL BAUII of HEPHI. , - till-dat- - 1 Capital 530,000. Surplus, 07,000. GENERAL. BANKING IN ALL BRANCHES. tln-i- r ITS f Nephi CHy Utah. tu-- kj Done & Archbold, j j Dealers , In and BuiU.rsof 3 Wheels Built to Order. Reparing a Specialty. PAYSON, UTAH. Lunt & Son, Local Agents. We Aim To Curry the Best GoihIs Obtainable, and our line includes ' I x semi-anuuail- nt V ? JEWELRY. BOOKS AND PERIODICALS, STATIONERY, WALL PAPER AT CHICAGO PRICES. $ PURSES and CARD CASUS, BLANK BOOKS of all kinds, BICYCLES and Bicycle Supplied FISHING TACKLE, BASEBALL SUPPLIES, and ARTIST SUNDRIES And we do business on strictly BUSIN ESS PRINCIPLES. Try ns once, We know yon will come ag.iid. Yours Very Truly, Lunts Drug Store, Nephi, Utah. THE CITY Uquar Storo Is the Best Place in Nephi for First-cl- as WINES, LIQUORS, and CIGARS. tu. I U E.iifl ii 3)J J. R. Edghcill, Proprietor, m |