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Show TRUT H 8 care to push his own claims, but thought the other obligations should be discharged. He suggested the advisability of an assessment of one half cent per share to meet this. Morrison replied stating that he had no money and could not afford to pay it, although at the trial we developed the fact that he had $1,200 in the bank at the time. Then Morrison proposed to sell Snow his entire stock for one cent per share; not as alleged in Morrisons bill of complaint that Snow offered to buy. This offer led to further negotiations which culminated in the early part of July, when Morrison sold 145, (HIO shares one third a cent per share, Morrison retaining 5,000 shares upon which Snow agreed to pay any assessment that might be levied that year. Shortly after this deal, good ore appeared in the workings. The stock rose to five cents per share. Snow sold some and made some money on it. Bartch knew nothing of the deal, why should he? Snow and he were not pooled. As soon as Bartch learned of the purchase of this stock by Snow he demanded a divvy. The stock had in the meantime advanced from one third to five cents per share. By purchase and (pft he had secured 47,500 shares in addition to what he had given his daughters and he wanted more. Snow was unwilling to divvy, but at Bartchs earnest request sold him 2,500 shares additional, and he has it yet, unless he has disposed of it since the trial. The evidence from our point of view indicates that Bartch thought he was entitled to half what Snow had. Returning to Morrison. When he noted the rise in the value of the stock he saw he had lost by not holding, what a fear of an assessment doubtless, an prompted him to sell. He wanted acexcuse to get it back. Hence this tion. As to the charge that Bartch inspired the suit we have the testimony of Morrison that he came here and for four nights was at Bartchs home. Before he came to Salt Lake he declared to a witness whom we put on the stand: I have seeD Judge Bartch and am going to Salt Lake to bring suit. Bartch says he advised him not to do so. There is simply a question of credibility. But the testimony of the witness who heard Morrisons statement corrobborates Snow. Again adverting to the question of ethics, by what right does Bartch presume to advise men to bring' or not to bring actions at law? Especially in cases where they might be appealed to the court of which he is a member. We showed that Judge Bartch was hostile to us in many ways. Notably, withwhen his prospective out any knowledge of our property, located about twenty claims adjoining the Morrison property, and in so doing son-in-la- w, jumped one of tne Morrison claims. Bartch was there two days later and before these locations were completed and made no protest. Clearly the voice was the voice of Jacob but the hand was the hand of Esau. When the suggestion was made at a subsequent board to be deed meeting that the the claim to the company and clear its son-in-l- aw tempted to heap odium upon Mr. Snow is correct then every man accused of an offense must be considered guilty from the moment a magistrate commits him for trial. If these statements are true, every man who fails to prove every allegation against a legal opponent, no matter what the cause of such failure may be, is guilty of a crime and should be punished. If this reasoning is right every accused criminal acquitted on trial in a district court has an action for charging him with a crime. If these deductions are sound, no man holding an exalted position can be charged with any misconduct whatsoever. We tried, as I have said, to get a brief hearing in the Tribune. The same editor who so promptly responded to requests by Judge Bartch, when accompanied by Mr. Snow, in the days when the Martha Washington was under discussion at the hands of the press, this time declined to even read what we had to say, on the ground that it was in contravention of their editorial. This action, coupled with the fact that the bitter criticism of Mr. Snow followed so closely upon the delivery of the opinion even before we were aware of its being handed down leads us to btlieve that the Tribune has not yet abandoned its position of standing by Judge Bartch, as it did in the Martha Washington deal, but has forsaken Snow because he and the judge have had a disagreement. W. H. Wilkins. PFE AUTION -- IS GOOD. Owners of horses, cattle and sheep Bhould tale the precaution to insure the lives i f their animals just the same as nei and women insure theirs. Utah Until recently farmers and 9tockmen had little opportunity to avail themselves of this necessary precaution, because there was no live stock insurance company doing business in this state. A month ago, however, the Arkansas Live Stock Insurance company was granted a charter by Secretary of the State Hammond to extend its operations to Utah. It is an old reliable company and has a reputation for square and honest dealing. R. B. Whittemore, 12 East Second South street, Salt Lake City is the agent for Utah and Idaho. He wants a few more reliable agents to work in conjunction with him. 1 . . The board of county commissioners have concluded a contract with the Utah Light and Power company whereby the latter agrees to furnish 40 electric street lights on State street between 10th and 12th south streets at the rate of $1 a month. The lights were badly needed and will be appreciated by the residents of that vicinity. The rate of $1 a month is a low figure for the service. ft Dr. T. G. Odell has moved his title he forgot his oath as an officer of to the Deseret News building. 2t the company and was dumb. We reft futed Morrisons claim by his corresMiss Nora Gleason has gone to Chicago pondence. It was not a question at the trial whether the representations made for the summer to take a teacher's Morrison course in music under celebrated teachwere false or otherwise. knew the value of the mine. He is a ers. She will return in the fall and repractical miner. He swore he worked sume her classes here, and her pupils eight years in one mine. He has been will receive the benefit of the new thoroughly acquainted with this group ideas she will receive in Chicago. for five years and lives within four and miles of it. the proposition to divide stock is concerned we have Mr. Snow on one side and Judge Bartch on the other. It is a question of credibility While as a rule decisions of only. courts are not generally considered proper subjects for criticism, in this case we submit that if it is right for one side to hasten to ccmmend a court, where abuse is heaped upon the adverse party, he has a right to reply. Until this matter is adjudicated' finally it is our right to criticise the judgment, to one-ha- lf So far as office that he gets the job, the chances being rather in favor of a dark horse at this SPORTING GOSSIP. letter that the company was in debt; declare it error. But if the reasoning that it owed him money, but he did not ot those who have so scandalously at- The latest in baseball circles is a proposition to make it a season, an excellent scheme. Ogden is now so far in the lead that the bunch cannot hope to catch up under the present schedule, even though Ogden has been materially weakened by the loss of McCafferty, Casey and Clark. For the next week or two the Ogden club will also be deprived of Gimlin, who has been called to Missouri by the death of a sister. But at that it is too much to hope that the others will catch up. So it is proposed to call the present schedule off after the middle of this month and start anew. This is, of course, 'done with a view to renewing interest in the game and it will no doubt have the desired effect ft ft Whether the clubs can get around the agreement requiring the Sunday games to be played at Lagoon is a different story. It is pretty near a safe bet that all hands would like to do it So anxious are they, to get Sunday games into Salt Lake that it has even been proposed to cut out all the Friday games scheduled for Salt Lake and play them Sunday forenoons, going to Lagoon in the afternoon. This might do a little good but it is more likely not to. It has been shown here time and again that people will not turn out for morning games, especially Sunday. The average fan is a hard working individual who likes to sleep late, loaf around and take his time generally Sunday forenoon. To go to a game he must get up about eight oclock and get his cleaning up processes over early in Order to make a game at ten oclock, and history reports that he wont do it. The odds are that more people will go to a Friday afternoon game than a Sunday forenoon game, ft ft The magnates are due to meet topronight to consider the matters. to addition in other position, Those who profess to know, say the scheme will go through, as all concerned realize the necessity of doing something to help out the attendance. Whether the Sunday game at Lagoon bugaboo can be got around is another question, and one that is going to cause trouble. The majority of the fans have manifested their disapproval of the idea by staying away from the games and they would welcome a change back to Zion. Ogden has been more strenuous, perhaps, in opposing the Lagoon scheme than any of the clubs, but all in greater or less measure, are against it. It means less money and its the money the boys are playing ball for. ft ft Another matter to come up at the meeting tonight is the appointment of a successor to Umpire Heine Martin, who has resigned for reasons to himself and to his friends. It is a matter of regret that the old veteran has forsaken the indicator here, for his work has been of a high order. Among the candidates mentioned for the place is F. Alonzo Cook, an amusement promoter with a voice like the bull of Bashan, but it is not a cinch two-schedu- le two-schedu- le - well-kno- time. ft ft Indian Macandrew broke into the league and out again in four days during the week. He joined the While Wings at Logan and did not make vm good according to reports. There is nothing strange about this, as the man has not been playing at all this year and could not expect to jump in and play good ball from the start. If he had only rehearsed a little and gone slow at the start, Macandrew has all the third basemen of this league beaten a Salt Lake block: But he weakened for some reason and quietly jumped back toKemmerer Monday night, leaving Borchers with a bad hole in t he infield. The chief says he expects to have this stopped up all right in a few days. ft ft While speaking of Borchers it begins to look as if the weather is to get warm enough for the old timer to pitch a little. He was on the slab in the Press Club game Tuesday and held the mixed team down to seven singles, a tip that perhaps he will get his corroded old arm in going style again shortly. If he does it is to look out, because he was forgetting things about the pitching game about the time the rest of the twirlers in the lie-ginni- ng league were beginning to wear knickerbockers. ft ft Little Breseno of the Lagoon club continues to make good and his fine all around work, more noticeably his base running, is something great. ft ft Word comes from Montana to the effect that Jack Schuster has been released by Billings for pulling his team off the field in a game at Red Lodge. ft ft Why dont Jim Burns fight Mexican Pete if he is looking for trouble? The Greaser has friends who have offered to guarantee a purse of $250 and a good reasonable side bet, but Burns talks vaguely of there being nothing in it, and is trying to get a phony go with some unknown soldier from the fort. This kind of stuff is what makes us aweary of James Burns and his whole push. ft ft Louis Simon has gone east to purchase fall goods for the Paris Millinery Go., the big establishment of which he is the manager. Salt Palace RACES $ BICYCLE New programme every Tuesday and Friday evenings. We try to please you. T Dont forget at 8:30 p. m. ? wn f PHONE 1213 H t Christensens Orchestra, Rtcaplionj. Labun TarlitJ, tie. . i j |