OCR Text |
Show I V . - - ' -- j ,fT TUB era of Salt Lake county held an Ina't-lutin the Winder sard meeting bouse Monday afternoon and effected the urganlaai ion which they have contemplated for some tlnio. The organ Izatain will be in tha form of a corporation. aad will be known aa the Granite Fruit A Commercial company. The capital stock will be (56.006. divided Into 66.066 shares of a par value of 1 each. At the meeting os Monday it was deridvj that ao one Mc-5i older may have more than shares. This restriction Is made In order to get as many fruit rataers a possible into (ha company aad make it a community Interest.will Another be hrl.1 meeting ot the company seat week, when officer will be alertfruit raisers ed. About were ia attendance. e Mjs . BOUNTY FRAUDS County Clarks and Bandsman Responsible. Art h la the house jNitrdtv a from Attorney Gencaiioa was eral It. A. Breeden concerning the payment of outstanding certlflcatca against the state that were Issued at the time of the wholesale bounty frauds. The opinion of the state's counselor was to the effect that the state should aot reimburse the holders of outstanding certiorates He helde that the county clerks aad their bonds-aieare financially responsible and that the aggrieved persons havs as action at law against these persons. Following is n copy of the eowma-katto- a te Speaker Joseph aad members of the house of representatives. I beg to acknowledge receipt of the reeuletios of your heeorsblo body passed on the 29th ultimo, relating to heunty frauds nod Instructing this Sea ta proreed without unnecessary delay te recover by artloa at law from the several county rinks, or their bondsmen the amount paid by tha aula ea fraudulent bounty reniflestes. In my reply I will Wile that I am informed by the atata auditor that thers are avw filed with him and unpaid bounty certificates aggregating about I23.H00, all of which bare been aiamlntd by said officer and the state board of examiners la accordance with aerttoa I of chapter 1W, session laws tha larger part of wbtrh were of found to be Illegal and fraudulent or tainted with fraud. This office la prepared at all times to institute suit for (he recovery from the responsible parties. every dollar unlawfully abstracterua d- from the mate treasury, but itcomnot proceed until the liability Is plete That Is to my, la bo event could the atate have aav mending In court la this matter until money was ceractually paid out on fraudulent tificates. la an opinion to a member of tha last atate legislature on this subject 1 belli la a lengthy discussion of the that tha atata was la no sense aahjyi liable for the payment of tegwly fraudulent bounty certificates. In June clause of that opinion I also state einowserd the view that the ,uld recover against the clerks Issuing such certificates or their bondsmen. If the legislature deemed It proper to pay such certificates. Tha lature aid not. boarevsr. follow my opinion given to one of lie members, but west beyond Us scope end latent and passed aa art authorising the reimbursement lo Innocent third parties who had purchased Illegal or fraudu-Isn- t eertlfiralea the artual amount paid for auch certificates. Saneh parties did aot order tha payment of these Illegal er fraudulent certificates but simple enacted that Inno-esn- t holders of bounty certificates found by tha atate auditor aad tha elate board of examiners to be fraudulent or lllagal should bo paid out of the atata funds tha amount which such parson or persona actually paid for sack certificates. "The general principle of suretyship appltea with equal force la tha case of It does la other rasas and tho atate t where any change, without tho of tha surety, la made la a contract where auieUee are bound each change wlH operate aa a discharge of It dona aot matter snob sureties. whether auch change la (hr the benefit of each auretisa or not, the legal affect la tha earn. This act partakes of tha net are ef a voluntary donation and not as a payment of a claim. That la to aay the state comae In a a mere volunteer and pays to certain persons cert ala turns of money which It was not bound to pay. "My opinion contemplated tha of auch certificates In tha usual aad regular way at their tana valaa. aad aot otherwise, 1 distinctly held that the state was la ao tense legally liable for the pay meat of Illegal and fraudulent certificates. By tha abova I do aot Intaad to change my former view, via, that If tha state had paid these certificates in the regular wav It would aot thaa aland In tha position of a volunteer and would at least ha sabrogated to tha rights of the Innocent holders. It will be plainly seen that this act changes tha contract of suretyablp aad therefore affects lbs whole legal phase of the case. "The resolution herein referred to extends the time for filing these Illegal or fraudulent certificates with the atata auditor uatil January 1. 1963. and hence It would ho novel leven If there was ne doubt about ultimata recovery I to Instttnte suit to recover funds which are still In the atate treasury. It la true aome Illegal and fraudulent certificates have already been paid, hut it would also be unwise and perhape disastrous to bring a auit by communl-u- l I ! lu. ?i f W I ;l . J Hie-gab'- '.i : nt. . i '( itt. I':? u ') i. - t J i i ! cob-nea- pay-me- , i il; piecemeal. "I understand from the atate auditor that of the 328.066 of certificates now la hts hands aad unpaid, about ItOJiOO or 1 a. 00(1 are of the Illegal or fraudulent kind. Thia being the ud case, I would here recommend moat strongly urge your honorable body to repeal that pur on of section 4 of chapter 109, session laws of 1905, authorising the allowance to Innocent purchasers the artual amount paid by them for illegal and fraudulent certificates Thia would save to the the llo.ooo or ll&.ooo above referred to. There Is no doubt shout tha authority of Ihe legislature to do this. By this method no one would ha Injured, no injustice done aad tha holders of Illegal and fraudulent cer lit) rates would have their legal remedy against the delinquent officer and his honiiamen, and the funds in the state treasury would be preserved for legitimate purposes. "The provisions of this act were not called to my attention until the legislature had adjourned and the laws were signed and published, hence I bed ao opportunity to pass upon It at that time. I am very truly. 1 1 tax-pray- CRESCENT ONE "DOCTOR a " Bromo That la ' a I Salt Lake, Feb. 12 "Due Gibson, alias H. D. Kendall, pleaded G. guilty Monday brfore Judge Georgr Armstrong to the charge of forgery and was sentenced b serve one year la the stale prison. Gibeoa was charged with forging the name of Warren Foster to a check for S. which was The made payable to Paul Heia.check was dated January 21, 1907. Three days before Gibson forged the check he was released from ther county Jail after serving a short for obtaining money under false Fospretenses. He was employed by ter as aa insurance agent aad worked two Jaya before forging hla name to - H-tone- The case of "Doctor James M. charged with grand larDonaldson, ceny aad robbery, was set Monday ia Judge Armstrong's court for Marc Doualdaon la charged with 24. 1907. Crescent, Xev., Feb. II. A carload robbing the McWhlrter brothers of of hoists for different mines In Cres- $1,373 and swindling them out of cent has arrived In camp. The $2.eoo in a poker game. Nevada, Superior The rase of L. P. Martin, charged Or and Wathrna, Golden Crescent with assaulting Edna Prescott with to Nevada all have machinery about a deadly weapon, was set oa March be Installed. 27, and Alice Roach's cnee, charged been Considerable speculation has with a similar offense, was set for of rtfs la Crescent aa to the Identity March 23. the men who are bonding tho Calavada group, situated three miles south INSANE FROM ACCIDENT. ef Crescent. This is probably the biggest prospect la the atata of Nevadi. Salt Uke, Feb. 11 That Isaiah Five parallel veins are said to be Jones received Injuries at the hands traeeable on this property that are bi of defendant which causod him to lose lievrd to be tba largest la aise la Ne- his mind and resulted la him being vada. Tbs fissures are from 1! to 4H committed to the elate mental hosfeet la wldtb. The oi i similar to pital at Provo, la tha allegation made that found oa tha Tiger and Klpprao la complaint filed In the district court mines, aad assays oa tha surface ahow today 'against the t'tah ldght A Railla gold. raluea up to way company. Tha action Is brought If the values on this property by Edward T. Ashton aa guardian ad -with depth say, that they litem of Mr. Jones. The complaint aldouble ia value then this will be the leges that Jones was driving along Five Parallel Veins an Calavada From 12 to 400 Feet Wide. it biggest mine is amount of ore in tha I'nlted Slates. All tho proven properties of the Searchlight and Creaceut JlatrU-thave shown many times the values at depth that have appeared on tha surface,. aad. If this property Is ao exception to the rule, the Crescent camp la aa assured producer. Tha Crescent townsite la laid out ca aa alimwH level plateau la the heart of tho developing district, weal of the Searchlight Valley and east af the Crescent Hills. There is plenty of water available, and tha ramp boasts of a fin public achaol, library and a ramp two years old that baa never had a setback la Its career. a IN SEVEN TROUGHS. Temple street near First South a car came aloug and frightened the horse he was driving so that It threw Jones out and against the car and aeterely Injured him. Aa a result uf bin Injury Jones went Insane and was committed to the mental hospital, where he la confined fur treatment. It Is alleged that Junes and hla companion signaled to the on the car to atop until they nonld get their horse under control, but he refused to do ao. and when the car cams within five feet of It the animal gave a lunge which threw Junes against the car. On account of Injuries received In the accident, judgment In asked against defendant for m eat. on May 21. 190$, when n Nanette and Truitt Taka a L th Fairvlew Claim. PLEADS Luxus is brewed in a light, clean, sanitary plant. W GUILTY. wn Luxus is a light beer brewed wholly from Bohemian hops, finest barley- - malt, selected India rice and pure distilled water from our Artesian Springs. Nothing heavy, sticky or bilious fects drink all you like of Luxus. about Luxus f Order a case from your dealer yoir do gerit. if he hasn't' no- - unpleasant after ! SZ2ST ef- well sec that us Luxus-writ- e : . Thousand. Aa complete sur- our careful methods, clean conditions and rigid system of inspection. visitors, for a supply of Many arc the orders left at our plant by Sheriff Lauda Gang Which Through Systematic Plundering Haa II Visitors find a happy : MAKES BIG HAUL. Salt Lake, Feb, con- . Luxus to be shipped direct to their homes after they have seen with their own eyes what Luxus really is how it is brewed, aged and bottled. Luxus is pure and fit for you, your family, your guests. Salt Lake, Feb. 12 The fifty-mil- e sidewalk extension, embraced within the district bounded on the north by Ninth airoet, on lha east by Thirteenth East street, oa the south by the southern city limits and on Ihe west bv State street was approved by the council last night, and an orditily nance was paseed levying a tax against the abutting property to pay tha coat of It. City Recorder J. B. Moreioa reported that owners of 3531.60 feet of property Involved had protested, sad that It would require 176,133.90 feet to defeat It under the law. The ordinance wan passed with voting only Councilman Fernstrom gainst It. Councilman L. P; Martin championed tha Improvement. Saved One case will . prise in out-of-to- FIFTY MILES OF WALK. Salt Jmke, Feb. II Associated with a lessee oa some of the roilllouirrs bona nu prospects of tho Seven Troughs district and with properties of hla own In that region which prom-la- s to put him Into tha millionaire claaa permanently, Ray D. Harris, formerly a newspaper man of this rlty, cams la yaatrnUy from the diggings with little la his makeup to remind hla former asaoctatea that he had aver barn oa other than speaking terms wlih the price of a square meal. Mr, Harris brought to the city the news that Millionaire Monet te and Millionaire Traltt, both of Mohawk fame, had Just been granted a Isaac on the Fairvlew claim of tho Seven Troughs Mining company. Their lease la oa the vela from which the ora running Into tho hundreds of thousands of dollars a ton has been taken and la only 400 feet from the company's workings. Tha gentleman are credited with having brought their Mohawk lock with them and they will proceed at one to prosecute mining operations la a way which will boob determine whether the big values In tha Fhlrvlow claim Bra continuous aad permanent. They will put oa modern machinery and alnk to BOO fast depth without DRUGGIST THE BEER YOU LIKE is the ideal beer for the homes vince you that it is the beer your family likes. 130,009. . r-- a "fence. aa has ever been uncovered this city waa mrokra this morning by Sheriff C. Frank Emery end bla two clever aides, Deputy Sheriffs J. C. Sharp and Axel Steele. Aa a result of tha activity of the aherllfa office two white men end six Japs are now lodged In the county Jail. One of the alant-eyeprisoners la a woman. The names of the prisoners era: John J. Tuke, while. .... Peterson, white. T. Myasokt, Japanese. Edla Myasokl, hla wife. J. Sera, Jap. IJm Lee, Jap. X. Tamahlre. Jap. lunla Fay, Jap. This "gang" la said to have been robbing the Eclipse Grocery and Meat company, 52 east. First South street . for at least two years. The thefts have been devoted to ell department of the Institution and the supplies obtained have kepi a Japanese restaur ant near the Eclipse store In provisions. This set tlrs forever the question of "Why la a Jap. eating house ao profitable?" The while men have been employes of the Eclipse company. In aome way they formed an acquaintance with the wily little foreigners and this acquaintance ripened Into a feeling, most mutual, to aar the least. Peterson and Tuka opened the shop every morning lung beforo daylight and prepared It for tha day's business. It waa no trick at all to carry away oases of eggs, hams, flour and the hundrel an. I one things tlrat make up tbs supplies of a butcher and grocery store. The Japa and white men. It it said, would carry away whatever the restaurant needed for the day's trade at their leisure Aa Tuke and I'eteraon wore usuallv around about 4 o'clock they ha I plenty of time t carry on thel. thieving before daylight and the opening of bimlnr-- Brewed and Bottled by the FRED KRUG BREWING CO Omaha, Neb. In criminal circles In Exponents of the Fine Art of Brewing. ; d Sold Alcohol on Sunday and Says Others Do Likewise. Salt Labe, FVh. 12 H. C. Wallace, charged with violating the Sunday closing law, was arraigned before Judge Diehl Monday afternoon and entered a plea of gntity. In making hla plea Mr. Wallace said: "If tha troth was known, we aell leas liquor than any ether drag store In the city, and I could bring evidence before the court that wrould Convict many of tba drag men of Salt Lake. Mr. Daly told the court that It was generally known whisky and alcohol could he obi slued at Wallace's store, and it was a common practice bv the men ta that vicinity. Mr. Wallace stated that he did not know that Belling alcohol waa against tha Sunday law. aa he did not know men drank It. He also denied that It waa a common by the men la that neigh d to bny liquor In hla store. He told the court that he was willing to pay a email fine, but he did not feel that he Should he compelled to pay a large fine, as he was not. nlone In the selling of liquor on Sunday. Judge Diehl took the case under ad vlsement and set the date for sentence for Tneaday afternoon at S oclock. bur-hoo- SUPREME COURT. February Tterm Opens Today With All Justicss Present. K.-b- Quinine " Laxative Bromo Quinine, write 13, 1907. SENTENCED. Feb. It The February Salt terra of the supreme court opened today wlih all three Justices of the court present. Only one case sas argued EFFECT OF LIGHT. the other two being passed. The court heard arguments tn the case of the Marshall ef New York Tails Hew te late against Wtlllam J. Jauiea uf lxv Obtain Beat Results. (an. convicted of a serious offense Inhis . owa volving daughter. Attorney 12- .- Alban J. Mar-shaBalt Lake. M. K. Wilson argued the case In behalf of New Y jrk delivered a mo of the defendant and the atate waa instructive Illustrated leciurr nl 1b- -' represented by Assistant Attorney Y. M. r. A. auditorium last evening, General Farnsworth. The rase was his them being "The Proper Ise of taken under advisement. and the Fundamental Principal Tha state bar examiners submitted Light of Illnmlnatlnif Engineering" There a report recommending the admission ere two things lo be considered. sa'd "M. A. BREEDEN. tu the bar of thia state of Max Brown Mr. Marshall. In Ihe matter of and Elias C. Ashton, and an order ad- namely, economy, and the best light; Attorney General." kind mitting them was made. Horace B FRUIT OROWERS FORM COMPANY Thompson of New York was admitted of light. The best kind of light. Is obtained from hidden and reflected upon motion of Omrg 11. Smith and lights and for that reasen economy Fall Lake. Feb. 12. The Trull grow Tliomsa O. Bhcckell of Indiana waa la often practiced to the detriment uf the heat light effect. The farther the source of the light from the eye. the better will be the light which is ' produced. Eyes are too open weak ened by lights being placed too cloe Fully 95 per cent of weak eves, said Mr. .Marshall an due tn this causa. The same care should be taken tu protert the eye In the matter uf light that la taken to properly display I picture on the wail. The' speaks was In favnrof clectririiy rather tbai gas in lighting. If the electric lights re properly placed. But his present objection to electric Pglits is on acMlsrly count of theflisnienta and shades that uili I. This SrA M arldasl OaM TaMH re used in connection with them is a PACmaaiR with him rousing n lark of uniformitv that Is aa$ Nd Mutism sM hwn tba Sismatus it injurious tp hc optic Drives. Thera ia aniy ana WEDNESDAY, FEBRUARY admitted upon motion of N. J. the check. PROPERTY CTAK, OGDEN, EXAMINEE: lionsisa DISTRIBUTERS: JAMESTOWN 121 CONTRACT. JOHN J. GREINER, h G tenet, Ogden. Independent Phene B2E, . Twenty-Fift- ADAM SNYDER, 276 Main, Galt Lake City. Bell Phona 1061Y. Ind. Phone 1061. Thirty-Thir- d BAUMEISTER BROS, 1 Twsnty-fourt- h - Street, OgdM Independent Phone 155. m appropriation will be made Immediately available. Washington, Feb. 12. Ofllciala of the Jamemown expedition yesterday PILES CURED IN fi TO 14 DAYS. filed with Secretary 8haw a contract providing for tba disbursement of the PAZO OINTMENT is guaranteed to 11,000, (KH) loan by the government to rare any case of Itching, Blind, Bleedthe exposition company. Secretary ing or Protruding Piles in 6 to 14 day. Shaw accepted the contract and tba or money refunded. 50c. The . 365 PRINCESS TAKES . WOUNDED CHILD. Berlin. Feb. 12 ul was following n person carrying lb child Into a shop when a poltccnii ordered her to move on. A asrral told the policeman that ha hid bin peaking tp the princess, and she vn allowed to take the child home !aht carriage. The boy waa nut cerioag! cess stopped A little boy ran under the hoofs of the horaea attached to the carriage of the younf Princess Victoria Louise, daughter of Emperor William, at Potsdam, yesterday. Tba child waa run over and the Prin the carriage, Injured. Year in the History of the ll - i ' Remington Typewriter Shows an Increase in Output of 31 over the Previous Year Typewriters come and typewriters go But the Remington runs on forever Remington Typewriter Company, f New York an Everywhere gut ont |