| Show LOCAL AND OTHER MATTERS FROM NOVEMBER 3 william hook of leicester england wishes to find out the whereabouts of his hia son alfred william hook who emigrated in the year 1882 any one knowing his wh whereabouts hereabouts ere would greatly oblige by writing to mr william hook 49 fleet st oft off wharf st leicester england elder franklin raleigh son of elder A H raleigh formerly bishop of the nineteenth ward called on the news last evening and reported his return from the mission field he left this city sept 4 1896 1895 and labored in oklahoma where he reports the mission progressing and in satisfactory shape he HC had good health and enjoyed his labors very much moab times 0 W warner has his teams busy this week freighting to thompson apples and pears of which he will make a full carload car load shipment to some eastern point apples and pears from this valley command a much higher price than from any other part of the country such a thing as a wormy apple is s unknown here this fact coupled with the excellence in size and flavor gives them high standing in the markets midway between four and five this morning fire broke out in the residence of A T sutherland near the corner of ninth east and tenth south smith streets and with the ald aid of a strong south wind the flames spread to another house feet distant and occupied by B S harrington with the result that both were totally destroyed entailing a loss of a sum in the neighborhood of it was when the fire department was waa summoned by telephone to the scene of the conflagration the run was made with all possible haste but the fire had gained such a good start as to completely annihilate the possibility of saving anything however the boys soon had several streams playing on the burning buildings but their efforts were almost in vain for within an hour the structures and most of their contents were reduced to ashes a charred frame work being all that was left to tell the tale of the destruct de aton of two magnificent two story resi real dence hous the sutherland dwelling was well irk in flames before the occupants knew anything about it and as they were sleeping in upstairs apartments their escape eff CaPe i had to be made from a second story window this being a brick structure the progress of the fire was somewhat cut off by the walls and a little burnit furniture e was waa saved but nothing to sp speak eak 0 of the harrington hoube was waa a frame one and nearly every everything thin 9 in it in the shape of furniture was totally destroyed chief devine looks upon this conflagration fla as a strong argument in favor of f a fire station in that vicinity dicinit Y tie he says it is so remotely located from the business center as to be entirely beyond the ala aid of the central fire station and therefore citizens are placed entirely at the mercy of the aid which a bucket brigade will give mt mr sutherland the first named victim la Is a clerk in the employ of F auerbach and bro while mr harrington to is in the real estate business under the firm name of harrington donnelly the origin of the fire is unknown although it appears to have started from a stove in the sutherland household deputy attorney general benner X smith submitted an opinion to E W NSW aier mcdaniel McDani eI county attorney for sevier county today on two questions pertaining to the division with the state of revenues collected prior to 1896 mr smith holds that the state is entitled to an accounting for its portion of all moneys collected prior to that time the opinion reads as follows we are in receipt of your request of october in reference to the demand of the state auditor upon your county for an accounting for moneys received on tax sale redemptions ons in which you propound the following questions first Is the state entitled to a division of any moneys paid in redemption of property sold for taxes assessed prior to the year 1896 second if so is the state entitled to a division of any moneys paid prior to april 5 1896 in redemption of property sold for taxes assessed prior to the year 1896 both of your questions should be answered in the affirmative firma tive for the following reasons A portion of all taxes assessed prior to the year 1896 belonged to the then territory of utah and if a change from territorial to state government had not taken place the several counties would have held such moneys as were paid in redemption of tax sales in trust for the benefit of the territory and by section 5 of article 24 being the schedule all assessed taxes faxes and all revenue property real personal and mixed chases in action claims the debts of whatsoever description of the territory vested in the state of utah with the right to sue for and recover in the same manned manner and to the same extent by the state as if there had been no change it follows necessarily from these provisions that a portion of all moneys paid for tax sale redemptions ons irrespective of the time when the same were paid is the property of the state and should be accounted for by the several counties the question so far as the ter ri torys right to recover these taxes is concerned was decided by the third judicial district court for salt lake county on the of january 1896 in the case of the territory of utah ex rel john T caine auditor of public accounts plaintiff vs J C mcnally et al county commissioners same being proceedings in mandamus THURSDAYS DAILY 4 fillmore nov 3 1897 the webb brothers E M and walter appeared in justice J S giless court here today for final examination upon the charge of cattle stealing attorney whittemore of salt lake city was here to assist the county attorney in the prosecution on behalf of the state cattle cattie association both men were held in 1000 bonds to answer to the charge before the district court the city election went off quietly yesterday the entire republican ticket with george C viele for mayor was elected A BIRD A deed conveying lot 7 and 43 feet by 20 rods in lot 6 block 96 plat A salt lake city survey fronting on first north street between first and second west has been filed for record with the county recorder the deed was executed by ellas elias morris president and W B dougall secretary of the latter day saints college of the salt lake stake of zion in pursuance of a resolution adopted by the board of trustees june 6 1896 and the consideration paid by the grantees granlees gran tees the salt lake literary and scientific tion to Is set forth in the deed as being at an early hour wednesday after a painful and protracted illness of several months duration mrs Marga margaret bryant morris wife of angeron V morris of the sixteenth ward passed peacefully into the sleep that knows no earthly awakening kwak ening death came to the deceased as a great relief from froin physical suffering and profound sorrow for she had not only been stricken in health but had lost father mother and babe in the short space of a few months during her own illness mrs morris was a good woman faithful wife fond mother and a true friend she leaves a sorrowing hus hua band and four small children to mourn her demise she was 37 years of age and a native of ohio she came to utah while a child and was reared at lehi where she had many friends the time and place of the funeral will be agreed upon later robert coons and charles chalberg Chal two young Sacrament ans saved a fellow hunter from death a few da days ago says the chronicle of san francisco the two young men were deer hunting and had pitched camp on the rubicon in el dorado county late one night as they were about to retire they heard cries from the opposite side of the canyon at first they thought at was a panther but as the sound grew greir louder and more pitiful they made upil their minds it was a human being taking their guns they crossed thal tha l canyon and guided by the sound tamy came to an old mining shaft out arft which the sound seemed to issue they called down and received an atta daa cry they found that the un t fortunate man was in icy water waiter W only his head projecting and was ai porting himself by bracing his shou ers era against one side and his 1 against the other it was about feet to the surface of the water coo co and chalmers saw that the man nearly exhausted and must be rei rese at once as his strength was falip fast ing i coons and chalmers did not any rope to lower into the shaft they undertook a very per perilous jerilou ilou I 1 ft rescuing the man chalmers p per himself to be lowered into the ich head first coons holding him ba heels stretching out his arms he ally found the hands of the at stran and then cried to coons to 1 away coons tugged and pulled and at 1 camj succeeded in bringing the two meiti the surface of the shaft the stranger explained that camp was near by but his p owing to the direction of the had not heard his friends cries crt help the man had bad been in the for about two hours and wa K about to drop from exhaustion his rescuers arrived his legs literally paralyzed his rescuers hov ever succeeded after a time in ing him the shaft had awen feet of icy water in it the funeral services over the mains of sister emma M dark clark of hon john dark clark was held at family residence yesterday aftem f nov 3rd ard and was as conducted bishop george romney the part of the exercises was beautiful rendered by a quartet brothers H whitney thomas ashworth wm patrick and john D spencer the opening prayer was offered ix 1 KU k elder john nicholson cholson Nl bishop robert T burton an friend of the filmily family was the i speaker of the occasion he boo spoke the womanly and saint like vi the deceased and expressed ahls dence concerning the glorious charac ter of her future president joseph F smith spoke words of consolation comfort and ini bereaved husband and st ruction to the family at this point by special request of the family sister lena savage sans with exquisite exquisite taste and pathos come to me it had been the delight of sis her long illness to during ter clark cl ark listen to the sweet singing of this lady who had paid her numerous young visits to give her that tion tl 1 t P resident president george Q cannon spoke 1 of the comforting assurances and knowledge of th future life derived rom f revealed reveled religion and of the perpetua tion there of the endearing associations I 1 formed here under the authority and law of god and applied his remarks to conditions assouta associated ted with the depart turp ture of sister dark clark president woodruffs remarks related to the felicitous and active con of the spirits of the righteous interim between death bead during curing the and their glori resurrection and d the ous reward when hen their redemption should be made complete he also re views of the future world ted some fc which lie he had bad personally experienced bisho P romney made some ampro concluding remarks in refert seriate ence sice to the faithfulness of the de ceased the closing prayer was offered by ader angus M cannon 1 arse e gat gathering hering of sympathizing rela W taves nivea and friends was very large a a being unable to gain a amis 4 JN ion to the spacious building at A the cemetery the quartet sang bettt net tt and the dedicatory prayer was by elder robert patrick FRIDAYS DAILY 5 judge hiles gave his decision today on motion tor for a new trial in the case A of a hays vs G Lav lavagnino agnine et al over this case involved TOl teethe the motion caf title to to the area surrounding the tae r 1 gladstone TOld atone and montreal no 1 mining cumms S stunted situated in the west mountain district salt lake county the ftorek abree of judge hiles rendered last was in favor of the defend september Mt ember attorneys for hays ailts ta when the made a M motion fotion for a new trial citing I 1 error that it shown that the e locators of the gladstone mine discovered a met vein or lode of r took before making the location te ferine to this the court says if ane e attempts to locate a mining claim ft the public dom domain ain before he has discovered aSa covered a vein or lode or rock in bearing mineral and another pe discover a lode or vein ted then locates under the laws of the ta ili states and of the state and malnin district where the claim is sit stored the latter will get a superior I 1 right to the posse possession assion as against the former locator the plaintiffs in sup irmer of their motion relied upon the f toe W of erhart vs beare U S W case the court held that there must ve ae something beyond a mere gu guess es on the part 0 of f the miner to authorize him to make a location which win exclude others from the ground 44 atoch ch as 80 the discovery of the presence t precious metals in it or in such to it as to justify a reasons ame belief in their existence judge ahw 04 says that there was sub affluent explorations made by the locators by which they discoverer a vein concluding the court the irhe location appears from the to be what the supreme stort of the united states in the case ced called a speculation proceeding es no right the supreme court handed down an today in the ease case of james jaimes H APAC as an administrator of the estate of william F aulls deceased et al appellants vs joseph thornton et al respondents reversing that portion of the decree and judgment appealed fr omand remanding the cause with directions ions to the court below to grant a new trial justice bartch delivered the opinion which was concurred in justice zane and district judge henry H action in this case was brought by mr bacon and the heirs of william F aulls to quiet title in and to an undivided two thirds interest in thel the I 1 X L lode and mine located in the west mountain mining district bingham salt lake county an accounting from thornton was also asked for it being alleged that he took from the mine a large quantity of mineral ores converting the money derived derive d fro from III the sale thereof to his own private use thornton made answer denying the allegations set forth in plaintiffs complaint and by way of cross complaint made claim for a number of improvements he had made on the property the case was tried before judge norrell on the 3rd ard of last june the court among other things deciding that the plaintiffs were the owners of the undivided two thirds interest in the mine but rendering judgement jud gement in favor of thornton for the improvements he claimed to have made in the sum of 1620 with interest the plaintiffs then moved for a new trial which the court overruled and from that order an appeal was taken the plaintiffs contended that there was no evidence to support the judgment rendered a point the court holds well taken the court holds that the evidence lid did not show whether the work done by thornton improved or enhanced the value of the mine and further says that it Is quite probable that the work might be performed in a mine which damaged rather than benefits it concluding the court says thede the decree of the trial court under the evidence appearing in the record in so far as it awards the defendant thornton compensation for improvements and makes the sum awarded a lien on the mine is erroneous and without effect the position of counsel for the respondent that the appeal was not taken within sixty days from the time of judgment and that therefore this court cannot go behind the findings and judgment and consider the evidene evidence is without foundation in fact the record shows that the decree was filed june 1897 and that the appeal was taken july following it is also insisted for the appellants that the court erred in rendering a personal judgment against the plaintiffs and we ve are of the opinion that this point is well taken that the administrator is not personally liable under any circumstances indicated by the record Is too clear for argument and there is no evidence to show that the heirs of the deceased received any assets from the estate except |
