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Show OGDEN, CTAIL TDE MORNING EXAMINER, ORDER OF THE fRIDAT, MAT as defendant. Peart waa give court and judgment in the ju.tjoeto appeal to Hendrickson attempted filed the district court. Hi attorney nndor-takinnotice of intention of Abu an on appeal, bui aid not nie the underl iking wiiiila the ume inquired Tha plaintiff objected- to by law. Judge Lewis taking uridiction of the the apcase, aad moved to dispeal Judge Lewie refused to miss the appeal, whereupon Peart filed a petition In the supreme court asking for a writ of prohibition. Tha supreme court holds that the notice of lnteution of filing an undertaking not a notice of filing such undertakla not recognised by ing. and bene It la held that Judge law. Then-fare- , Lewis has no jurisdiction over the spiteai, ond a writ of prohibition was granted in the care of Nellie Toakle, administratrix of the estate of Thomas deceased, appellant, va the San Pedro, Los Angeles and Balt Lako Railway company, the Judgment of the lower court waa reversed and a new trial granted, Mr. Teakle, who was an employs of Z. C. M. 1., was killed iu the San Pedro yards just north of North Temple street oa the morning of October 10. 1805, while on hia way to work. He was walking along Nhe track when a train waa harked up behind him and Ro was crashed to death. In the lower court Judge Lewia instructed the Jury to return a verdict in favor of the defendant, which waa dune. In tha appeal It was claimed that the court erred in refusing to admit a large amount of evidence on Tha supremo behalf of court holds that where a railroad company ba allowed the public to use a passageway through lta yarda for yaara without raising say objection, it la hound to use reasonable care in tha protection of the public. It is held that the court erred In excluding certain avadinoe and hence the judgment io reversed and a new trial v g ranted. The judgment of th lower court In the ease of Sarah J- - Belnap, appellant, against J.' CL Wlddlaon et al., waa also reversed by the supreme court Plaintiff sued to recover damages to th sum of )iH)0 for Injuries to her crops, caused by the overflow of water in ditches belonging to defendants. Tha Jury returned a verdict la favor of defendants in the lower court but the supreme court holds that th court erred la regard to instructing the Jury as to contribute ry negligence and also Instructed the Jury on matters foreign to the issues. Hence the Judgment la reversed. 10, 1907 sols by Miss Jeena Is Calling Wright; 1 Need Thee. Every Hour, solo by Mias HcUewi.U; "Fly Like Bird, Mr. Carlson. Interment was in th city cemetery. ACTIVITY IN g MfQJB EASTERN ms STAR iti hold grand chapter MEETING. nual tmm an- in Attendance Driegate From Adjoining States Election Thirty-Si- x of Officers Today. pf?) The second annual meeting of the Grand Chapter, Order of the Eeastera at th Star, opened it convention yesterthis In city, Masonic Temple The uiurning aeasion waa day. o'clock, to have begun at-1delays, It was but owing to 11 o'clock before all' had convened. Ander-soWorthy Grand Matron Gerda of Salt Lake City presided over all the soalona There were S delegatee In attendance and it la expected that the number will have been awelled to 60 by tomorrow at noon. Anumg the dlsilnguiahed visitors from outside states een were Worthy Grand Matron Mrs. JaJon of Boise, Idaho; Worthy Grand Secretary Mrs. Idaho; of Pocatallo, OMel veny Passed Grand Patron Dr. Bristol of Laramie, Wyoming, and Part Matron g lira. Dempaon of Evanston, Wyom-lnunf-jraec- b sa? Sj4 Alum in food causes stomach disorders Its con finned use means permanent Mm. Annie Lewla, worthy nintroa of queen Mather Chapter of tills city, delivered an address of welcome at the opening of the morning session and this was followed by a reipouse from Worthy Grand Chaplain Mrs. K. B. Graham of Salt Lake City. At the morning cession Mrs. Anderson, tha worthy grand matron, was presented with a beautiful bouquet of fiowen Tff by Mr. E. W. Nichols, oa behalf Queen Esther Chapter of this city Fallowing this aa adjournment woe token, during which time all repaired to the Pacific hotel where a sumptuous repast waa served. At Z p. in. the Chapter of sorrow was held out of commemoration and ii! injury to health. Following the advice of medical scientists, England and France have passed laws prohibiting its use in bread making. His. American housewives should protect their households against Alums wrongs by always buying pure Grape Cream of Tartar Baking Powder. q Pure Grape Cream of Tartar Powder is to be had respect to the deceased members The ports from offloere and the committee on credential dosed the aeasion for the afternoon. OREGON QUARANTINE LAWS. convened The evening session Bather 8 oclock. at Qneea promptly Salem. Ore., May I. After mature Chapter gave a demonstration of the ond the consideration, Governor exercise opening and closing Chamberlain, Grand Chapter went through the ini this afternoon. Issued a proclamation tlatory work. At 10 oclock this morning reporta declaring quarantine against the sheep will be heard from all sommltieefl of the states of Washington, Nevada and the general work to oouia before dad California, baaed upon the sworn the convention will he given attention. statement of State Sheep Inspector At I oclock will occur the annual Xiitements of the election of officers, w ho are to he In- Lyttle and the United States sheep Inspectors that stalled In the evening The conventha aheep from those states are intion will close this evening with with scab aad fixes a pens tty banquet, to be held at the Mae note fested of d fins of from 2M to fl.OOO for dining rooms and reception parlor the violation. of ths proclamation. - It Is expected that a lav suit wUl be instituted by the Weaaha Wool Growers association of Washington to enjoin the enforcement pf the quarantine. L ' for the asking Buy by name Royal Vfc- arose during the trial yesterday afterfor the defense noon. Tbo atUirm-ynaked for a jury which waa granted, EXAMINER TELEPHONES EDITORIAL ROOMS .NO. Indopondont Phono Boll Phone, two rings...... No. BUSINESS OFFICE No. Indopondont Phono No. Roll Phono, ono ring - SI M Har-rima- roads, haa resigned bis position M to accept a more. lucrative one with the store department, under R. B. Porter Poultry supplies and the heat of wheat, oora and hay at Grout's, 352 24th SL Both phones. a further Investigation of the matter It was discovered that It waa purely equitable In Its nature and the court dismissed the Jury and further hearing of the case went over until. Saturday morning. hut upon In making complaints regarding tbo delivery of tbo Examiner do oo direct to circulation department and not to carrier. Any oubocrlber falling to tbo Examiner will confer n favor by calling No. 66 cither phone before NOTICE TO SUBSCRIBERS o Itn. (Signed) LAMAR NELSON, Circulator. 4. i Have your Panamas. Straw and Felt Hats denned and blocked. Phono Ind. 447, Globe Cleaning Co, 113 25th. f P. D. Delmaa, mining engineer of Ralt Lake City, waa In Ogden for n few hours last evening on hia way to Pallaado, Nevada. Mr. Delmastls a relative of Attorney Delmaa, who defended Harry Thaw In th recent trial. baiehall That Ogden will have team thU aeanon 1 almoot an assured fact H. A. Sima, secretary of the Kelall Merchant aoaorlatlon. and E. TV. Kennedy will call upon local merchants and others and will aak them to donate what they can afford toand mainward the organisation See Malan Transfer Go. for storago tenance of a hall team. of nil klnda Our specialty Is moving pianos, furniture and office fixture!. f Sego Lily Circle No. 174 card party which waa postponed will he held Zelby Roach of thio city will leave In Zion a few days to affiliate himFriday, May 10th. All Invited. self with the Orpheum Stork comMias Mabel Conger, until recently pany, which opens an engagement in a stenographer in the First National Salt Lake City on May 27tb. hank, haa accepted the dank vacated The body of George W Brown, the by Mr. Wilklnnou in Superintendent Botsfords office. traveling man, who died In the Reed hotel night before last, was shipped If your are going to move tee Malan last night to Rochester, N. Y. transfer vans. Leave orders for coal. 408 Twenty-fiftMrs. L. F. Brookshire snd daughter, St Slades Phones. Melba, departed last night via the Union Pacific for Omoha. will W. B Throckmorton, traveling xislt friends In Nebraska They and Mispassenger agent of the Colorado Midsouri, and before returning, Mrs. land, Is In town. Brookshire expects to spend some time in SL Louie reviving voice culA chambermaid. Ap- ture. WANTED ply nt once, Reed Hotel. The funeral of FYancIa F. J. Carton of Salt Lake Cite, son of Mr. and Mrs. W. C. Way-men- t. superintendent of the Pullman will be held this morning nt 10 company, has gone west to Kiy, Nev., o'clock, at the First Ward meeting on an Inspection tour. house, fr h - 1 Removed. J. A. Beltser. Jeweler, from 121 25th St. to 17b 25tb, Major ' Drug Store. Crack Shots ef Company B. Engage in Shooting Contest Last NighL Ths fifth shoot of Company B, J?. G. U.. was held last night at thr street, and Armory on Twenty-fourt- h WILL BE SPENT is. th following results obtained; Ser- SUNDAYOMING OIL FIELDS geant E. J. Bassett, 22.1; Lieutenant G. 8- - Curlew, 21.8; Corporal E. A. 21.8; Private SanJy Hlalop, 213; Lake Oil Ceo.Wn, Highest Individual average out of a Pittaburg-Sal- t Shew the Visitor Over WUfoug, 48; Bassett. possible 50: ' Tha lr 47; Hynlop, 45. The next and concludProperty, ing shoot wiU b held May 17. CIRCLES SOUTH OGDEN RAPIDLY ING UP. HELD FIFTH SHOOT BUILD- John Eihrlte. a mechanists assistant, employed by the Southern Pacific at Wells, Nevada, hail his foot day before yes- crushed so badly the The case of Ogden Waterworks v. terday that It waa necessary to have Enoch Farr, la still on trial before him brought to Ogden Thursday. A peculiar Incident Three toes were amputated. Judge Howell. Many in Large Buildings Contemplated the City Bamberger Shops Erected. to B HISS. DUHBAB IITEB8ED Great building activity la manifested at tha present time In South Ogden, nil the residents there having become Innocutated with the building erase. Lota that have grown nothing but weeds for years past are now being adorned with nice, substantial structure Many lumber cottages of the kind leasing to look at, are being erected. The extension of the waterworks system Is doing much toward helping the building boom. The Bamberger extension of ths Balt Lake and Ogden and tha contemplated erection of car barn and shopd'are giving n great Impetus to Property In building operation. South . Ogden ha increased wonderfully in value during the past month. It U rumored that the Brel Lumber company Contemplates tearing down their building, which ia said to have been condemned, and erecting new and more substantial building, as tha present building la not deemed ate. Appropriate and Impressive Services Held at North Ogdon, Ths funeral of Martha Edith' ReyC. Dunbar, was held Wednesday afternoon nt the North Ogden meeting house. Bishop James Ward In charge. Music was furnished by the ward choir. Friends from the Ogden Fourth Ward and from Liberty, where the deoeaat-- resided at the time of her death, were in attendance, as were also a great number of relatives and friend from North Ogden. Charles E. Clark, of Liberty. Nathaniel Montgomery, of North Ogden, and President Charles P. Middleton, of Ogden, offered consolatory addresses. Interment was In ths North Ogden cemetery. nold. wife of George L B. & CO. spekc:r I Engineering Firm Organised to Operate In Ogden and Nevada. B!KE RACINCFCR OGDEN illness after severe AFTER severe or mental strain use Scoff r Emulsion. It builds up and holds up the strength of man and woman, girl and boy. It is the most wonderful in the world. i . c" e DRUGGISTS N A number of reprewntatlv,' w. and mining men Fran (w. Salt Lake City mud Provo wiaZ Sunday la Spring Valley, Wyoeiiir where the oil wells and refinsr, the Pittaburg-Sal- t Lake OU cornu, will be 'shows the visit. 8 Pullman cars will be a) larked to a train leaving here for the use of th sight seer during ihe trip u oiulng. The party will Mum gBnZ night arriving in Ogden Mooto morning. The purpose of the trip is tij plained in a paragraph 'n a letttr out by the executive committee iff tfe J It read: oil compony. The pnw tlon and refining of oil so near ew will door be an Important factor h the future of this state and an indm try entirely new to this region. J. formation about aa industry entimiv new to this region la luirresting i) no sooner had a committee comnii. Lewis K. O. C. N. Ing Sireiell, g g Porter and A V. Tay lor, representing the oil company started talking the trip than friends on all sides express-ea desire to go along to see lor. themselves. The excursion w u assured success from the start aid tha men going represent th best ud nut prominent of this aad neighbor, ing elite. d Harry Heegren Will Undoubtedly cure Lease on Saueer Track. Se- - bicycle race fans will undoubtedly have an opportunity to see guod races this year, as arrangements are well under way whereby Harry Heagran, who as successfully managed mean hare two years ago, will take charge of the Gleawood saucer track and bring a bunch of good riders to this city Nothing will be too good for Ogden and the best rider la the world will again try to break still more worlds records. Ogden LARSON BURIAL OFJKiLDA Articles of lncorppratton of the "L. B. Spencer and Company were filed Thursday- afternoon. The oompany is capitalised for 25,000, of which la paid up. L. B. Spencer, E, B. Spencer, R. 8. Corlew, E. T. Spencer, and C. R. HoUlngaworth are the Incorporators. The charter of the oompany gives it the right to conduct a general engineering buqlnes, sell, lease, and transfer mines and mining properties. Ogden Is named aa the principal place of business. The officer and directors are: - L. B. Spencer, president; E. B. Spencer, ;R. 8. Corlew, secretary and treasurer; C. R. . Hollingsworth, .attorney, and K. T-- Spencer, director. $10.-Oo- O vice-preside- Ocurred Yesterday Afternoon From Third Ward Masting House. MINERS REFUSED TO GO TO WORK. Hilda M. Larson, 13 years of age, was buried yesterday. afternoon from the Third ward meeting house. The service ware presided over by Peter Anderson and the following speakers eulogised the memory of. the deceased; C. E. Peterson, President C. V. Middleton, Carl Erickson and Peter Anderson. There was a large attendance of relative and friends and a number of beautiful floral offering! The following musical numbers were rendered: Mid Green Hills Fhr Away, solo by Mies Pauline M Oh, My Father duet by J. M. Carlson and Miss Estelle Wright; Vancouver, B. C., May 8. Notwithstanding that a settlement has been signed up between the striking miners In ths Crows Nest Pass and the operators, the miners of Michsl, one ef the largest of the camps, bava refuhad to go back to work. They claim to have been betrayed by District President Sherman, In that he had It In his power to secure a much better settlement ea their' top h if than was actually signed. The feeling against Sherman la very bitter. Three days ago he waa In Michel and was hooted and Jeered by n crowd which alleged that he had sold out to the operators. k; Big Men Going. The Ihft It llows: H. G. Whitney, D. C u fo- Jackliag, H. P. Clark Bvroa Groo, 8. A. Whitney, W. 8. McCormick, M. H. Walker. M. Wells, F. E. McCurrln, F. A Druhl, Wm. Baoley, W. V. Rios, J. A. Reeves, C. A. Walker, Duncan J. 8. Brantford. Gov. Jno. C, Cutler, James Salisbury, Walker, Salisbury, W. J. Halloran, Dun H. Porter. W. H. Bancroft, S. V, Derrah, F. L Hagenbarth Joe. E. Caine, Davit Keith, Thom Kearns, J. C. Lyach, Mayor Thompson, Frank Knox, W. F, Adame, H. J. Grant, Jus. 8. Richards Joe. Genghegan, Geo. T. Odell, L E, Farnsworth, E. Buckingham, Jufei Weir, Henry Catrow, C. R. PexritiL John Hickey, Geo. Rust, C. A. Quigley, John B. Dooly, Dr. C. F. Wilcox, Fisher Harrta. Paul K. Barker, WU Ham Wllles, U Hanchett, John Dm, Wm. McIntyre, T. G. Webber, Col I, A. Wall, C. O, Harris, J. D. Woods Joe. W. Taylor, Geo. E Merrill, Jadgi Willard Scow i W. L. McGinnis, Ogden; ! croft, Ogden; A F. Bigelow, Ogdrt; O. B. Ollson, Ogden; Ed Loom, Prow; Jesse Knight Provo; Senator Beef Smoot, Provo; Wm. D. 8utton, Put City. Hs-h- LEBLIE-CARTE- play that la not only dramatically but literary effective, aa actress endowed with the Inilght to grasp, and ths gift to portray character, there two are factors that make op the backbone of art on the stag. Whenever they coma together tha result la worth going far to see, fur It leave an lmpreion that stirs certain human faaultlc that are liable to become dormant and sluggish unless aroused occasionally by ths witness of great human passions, great tragedies, and great aad living hive. In Du llnrry last night, Mrs. Leslie-Chne- r visited Ogden for the first time. The Impression she made on her audience was akin to ths imprint of reality, so actual and human did tha unfortunate beauty whom sbi Interpreted seem. Mrs. Carter deserves enconluma, couched In the beat flattering term It becomes the duty of a critic to praise where praise is Justly merited, and without stint a great artist should he given her dues, even If the effort seems over drawn, and wholly a mat trr of sentiment on tha part of the writer. Mrs. Carter is the finished and polished gem of the stage. To survire an actress must successfully buffet tha sternest of all censors, the great and capricious public. That she has won her way Into thr good graces of a nation's theater patronage there no question nor Is It denied her that aha has attained her position by any other method than that of hard work. ' Her Du Barry is vivacious, without being tedlocs; strong, but not but nut sad; masculine; comical, yet serious; womanly, and, withal, clothed In that spirit of inconsistency that is re Inexplicable in woman, and la the cause of so pinch sorrow, and so many blighted Ilvsa It was a rare treat to follow Ihe pretty millinery girl from her stuffy, the little shop to the courts of Fourteenth, Into the heart of the cruel king, but not out of the heart of her lover, whom ahe adored with the only pure and holy thing In bur life, love untainted and true. It was tuflnitely sad to witness her cast out from her scat of grandeur, cast into prin, and finally led away to the guillotine, clinging to the coat of him who first won her and held her through all the glitter of a meteoric career. It was not Mr. that the audience saw; it was Matisme Dn Hurry, rniahed. repentant, living and suffering a thousand deaths. The company which- Surrounds the eminent star is all that rould be desired, capable, pitted, The production is and entertaining one of the finest ever seen in the city and fortunate, indeed, were the number that comfortably filled the house. airoug, . llght-hclrte- d, - well-traine- SUPREME All. ' w, aes COURT D ' VO! ID fiaim As we are compelled to vacate our present quarters by June 1st, we will commence today, at 9 oclock, to offer our entire slock of 29 High-Grad-e Pianos and 7 Organs at unheard of Price. Price never before offered to the people of Ogden. r 1 . , ' . . i This Stock Must be Disposed of by June 1st " . to fluch well known mate a Steinway, Vone & Son, Kimball, Story & Clark, Schaeffer, and Winter Piano, will be included in this sale. We will also include the following standard make of Organa: Eatey, Kimball, Seybold and Great .Western. . ' The prices on Pianos range from $75.00 np. On Organs from $15.00 up. This Sale make it no longer a question of Can I afford a Piano T but, Can I longer afford to deprive my family of the advantage and pleasure of a piano? A small payment down necure the instrument and a Tery small payment each month noon pay ' I . . home. in to secure a your piano your gifatent opportunity 1 for it CiSIONS Handed Down Reversing the Judgments of the Lower Court. omas1 Three opinions were banded down by the supreme court yesterday, and each case the Judgment of tbs lowIn the care Of Jacob Peart against Judge T. D. Lewi of the district court a writ of prohibition was granted against-Judgto prohibit him from taking Jurisdiction of a cue appealed from a Justice court la which Peart was plaintiff and William Hendrickson In er court was reversed. SUCCESSOKS TO s MW. AND SIX. ow i . take pleasure in howing you the stock whether yon buy or not. Our small goods' department i com-phfe with everything musical," and a liberal discount will be given on all goods sold in this department We shall also give free concert every evening on the Auxetophone, the most wonderful instrument in existence. The si ore will remain open till nine o'clock every evening. We will w food-toni- w Wll-fon- g, A C. A. McCarthy, formerly connected n with tha yard nlHce hers for the 6S BREVITIES .MRS. BUILDING . CUAMBEBLAIX-THOMA- 2414 Washington Avenue v S MUSIC CO. Ogden, Utah |