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Show insnra rates ,fi dUplsy advert 11 n IN TEE RACE TO REMAIN, SAT BOURBON FRIENDS rtM Issue cents an inch per inch by the month tour local advertisers. Traa- cents an inch per issue. per cent additional. No the ytiaina accepted for pace readers pace First Jo (IS) cents per line an 1) tly J) aee-reta- ry Voltnns 10, Number nonneements. AN INDEPENDENT NEWSPAPER SO The San. eoimnis-ubtedl- expe-loperatio- imme-'peame- eon-likel- ns nt y hear-befor- , T If docu-uV- LfSalsiriew of the situation be SSS!Akablv clear the state put up as a witness ftion fUjCfakap-Howa- rd C. IC the record an MM ts Means interpre- CjHlontract to the effect with an engineer to do with snpplying tdgwf krhich the railroad had its frFeementRioArthur Ridge- Grande gave llUMil fer and vvfliet real intent in a not fail to be satis-- f The peculiar aRjsoncerned. $s f tfce Vhnle transaction from the state authorities, ff4eeting the rights of the .JtrinaSthii way, is that no J&StBhe final cost of this V highway may be, the L1jf f is fixed at jthd railroad v dollars. This is a 1st according to a first IcL about a year ago. It CfX! thy the state road part to he paid should TMi Claim was also set up twbsSa.tnstter was one for the sCftkt commission to decide W wflwSand, as the site for the MWtlerpass is not a part as at present located, base of more or less necessary to make it parties to the contract matter a private busi-u- p to the point where tOe man-tfcfc,fjr!-Jd ATTITUDE OF THE STATE ROAD COMMISSION DEFINED First That the public utilities comof Utah has original and jurisdiction over matters pertaining to the separation of grades within the state of Utah. Second That the jurisdiction of the public utilities commission extends to and includes authority to make division of costs as between the parties interested. Third That notwithstanding these shall facts, we are not opposing-Aannot oppose the approval by the pub-li- e utilities commission of that certain contract, dated August 20, 1923, entered into by and between the Denver and Rio Grande Western d company and the county of Carbon and the city of Price for the reasons : a. That there are certain property concessions made by the said railroad company, the value of which while not stated, will in the course of its consideration of the evidence be passed upon by the public utilities commission in fixing the total contribution of the railroad company of the cost of the subway or nnderpasa. b. That the local authorities towit, officials of the city of Price and eounty of Carbon, who entered into the contract and agreement with the railroad company, apparently did so in good faith, and have urged and do now urge the approval of said contract c. That the exigencies of the ease demand that no further delays be caused, but that the construction of this subway shall proceed at once in order that the federal and state roadbuilding program shall not be longer retarded. , In taking this attitude the state road commission wishes to be understood as disapproving in general the making of private contracts in grade crossing eases between cities, counties and railroad eomjianies, and favors emphatically that these matters be handled and adjusted as an original proposition in all instances by the constituted and authorized state agency, towit, the public utilities commission, and in accordance with the laws of the state of Utah. mission exclusive d Kail-roa- ur Ridgeway and G. IV. Blake, engineers, J. D. Stack, general super- intendent, and L. A. McGee, local attorney for the railway company, and quite a few Carbon county folks from the surrounding camps and towns, llenry Ruggeri ap)ieared as counsel for the county and Judge F. E. Woods for the city. The hearing was held in the district courtroom and a large and interested audience was present At the dinner hour the visitors were taken in hand by the local chamber of commerce and the regular Tuesday noon luncheon of the board of directors was given over to the entertainment of the guests. Forty-tw- o sat at the table, the lunch being served by the Ladies Aid society in the new Community church diningroom. Here Carl R. Marcuaen waa the toastmaster and several local and visiting notables gave snappy talks pertinent to the occasion Tlieremarks that made quite the biggest hit with the gathering was Pres Petersons closing clause that we will now all stop slinging mud . lane would be The state road eom-- t and go to throwing dirt. Olf.Mtaitted a statement which will tie found GEORGE WASHINGTON parallel to this. that the folks down Hr have been asking for is now P be given them. All plans for been prepared and fjjffiaf nave kids for the ork were Hi if JlJtt 3Mt jhll, and when the utilities Jgjj.ifcm shall have given its formal f with the approval which was lDU'M W strongly by the action of ptiaf there will be no further sfts a prompt commencement pack with the opening of spring i DEMURRERNOW FILED FALLS DOWN STAIRS O J I. present-topaHe- ' n, Appar-fseythu- ig mt Matters read into the rec-I- T IlH ih rsferenre to the necessity the adaptability jimdpass," the belief of the in the fairness rrNMPWft and the values of right Wagon, did w.Ba deal. Commissioners John A. Mathis and Eu-Jwhi- tt- rymiwl for the county, W. W. mayor for the city, snr IsMfbourow, present mayor, Jt mneilmea A. D. Hadley, A. W. ad James E. Alley of the council, with Corner P. Pea-th- e old, all give witness in -- out of town authorities .thewho were here in E. McKay, E. E. M ind Warren Rtoutner of the reenanssion. Preston O. Peter-ftJBH. Blood of the state road aka, with its state engineer, Means, and Attorney IV. HRl attend-Pt-Thom- as L . ft, B. J. Howell, counsel, Arth- - First in war, first in peace, first in the hearts of his country- men." Great, indeed, must have been the personality which toas called upon to take the leadership of this country in its formation stages could he hold such position in all three of these im- portant situations. Yet the perusal of history and of his sayings and writings but confirms these well remembered words which fall generally a little unthinkingly, perhaps from the lips of every school student and of the grownups, too. Today the whole nation gives honor to the Father of His Country. Wedding announcements. The Snn. UTAH HINES Second Chapter of the First National George A. Ryland Sustains ConcusMnddls Hera At Pries. sion of tho Brain In Accident Joseph Barboglio, C. Oscar Hanson and F. F. Fisk, who claim to have been elected as directors of the First National bank of Price at the last annual stockholders meeting in January and who have since held office as such, yesterday filed a demurrer and a motion to dismiss the suit brought against them in the Utah supreme court by L. E. Whitmore, former officer of the bank, who was declared ousted from office, says Saturday's Salt Lake Tribune. The three defendants above named were declared elected, though they had not.recived votes of 50 per cent of the stock at a meeting at which all the five hundred shares of the stock were represented. Whitmore and his brother, who are executors of their fathers estate, formally presented the large block of stock held by that estate aa voting for Whitmore and two other candidates. The estate stock, however, was ruled out on the theory that the district court judge had issued no explicit order giving the administrators power to vote it at the bank election. Two of the five directors are unanimous BUM ME ABOVE M-lif- E PER CENT FIRST WEEK OF H0NH George A. Ryland the contractor and builder and a resident of this city for yean past, about 5 oclock last Saturday evening fell down the stairway leading to the basement of tlie Lew Evans building on Main street. He was unconscious when found. No one witnessed the accident. He was at once removed to his home at Sixth and K streets aud Dr. J. A. Judy called. His injuries were pronounced as concussion of the brain. The hurt is at the base. Since then Dr. Judy has had in eousulatation with him in the ease Dr. R. E. Dowd of Kenilworth and Dr. IV. P. Winters and Dr. Charles Ruggeri, Jr., of Price. Ryland has been conscious but a part of he time. The attending surgeons, however, hold out hopes of his recovery. He is 65 years of age. Aa The Snn goes to press this (Friday) noon there a change for the better in his condition, says Dr. Winters, the family physician. The Sun Special Service. WASHINGTON, D. C., Feb. 19. more than twenty IS JURYS VERDICT choices. Following the meeting Whitmore initiated quo warranto proceedings in the supreme court of Utah, which assumed original jurisdiction in the ease. Such a proceeding is aimed to make the three men complained of appear to show by what right they are holding the office of directors and are the business of the bank. Dey, Hoppaugh & Marks, for the three defendants, yesterday filed a motion to dismiss, based on the allegation that, since the corporation concerned is a national bank and the action ia against directors inducted into office under the certificate of judges of election as provided by the bylaws of this federal corporation and in accordance with federal law, the supreme court is without power to act Such a proceeding as the present, it is contended, would subject an instrument of the overnment of the United States to the supervision, control and the visitorial powers of the state of Utah. It is urged that the suit should be brought, if at all, in the name of the United States rather than of the state of Utah, and that, if there is any usurpation of authority, it is in derogation of no right or power of the state." 'Powers and franchises,' it is argued, and the right to exercise such lowers, are given by act of congress, are inherently federal in character aud are susceptible of being directly tested only in the federal court It is also urged that the three men are not accused of usurping any office in any corjioration created by authority of the state of Utah." L. A. McGee of Price is tho chief counsel for the three men named and took Dey, Hoppaugh & Marks into the case with him. Mark P. Rraffet of this city is representing the Whitmore eon-ducti- ng side. MUST HAVELICENSES No Extension of Time On This Year's Automobile Plates. Failure of the owner of a motor vehicle to have this years license on his car, truck or motorcycle on the first of March will render him liable to arrest and a fine. On that date all licenses for motors become delinquent nd the law does not provide any of time. Heretofore it has been on aixty-thre- Trial of Edward McGowan for the murder of Robert Blevins came to a close Wednesday afternoon after lasting two days. The crime was committed up at Helper about six weeks ago. McGowan, who had been more or less friendly with the Blevins family, visited the home and herded the wife nd two stepdaughters into a bedroom, awaiting the return of Blevins, and on his arrival McGowan shot him through the abod men. Then, according to testimony of the most revolting character, McGowan conducted an orgy of abase against the women lasting through nearly the whole night, while all the time Blevins was slowlv approaching death through internal bleeding from his wounds. It took the jury hut fifteen minutes to reach a verdict, the finding lieiug for murder in the first degree. Sentence will he pronounced on February 27th by Judge George Christensen. As no recommendation for leniency was made by tbe jury the penalty must be death. All the rtiea in the case are colored. The Blevins home has been the scene of other disturbances in the past even to killings although members of the family have not previously been involved. BIG CROWD COMING TODAY AND ALSO TOMORROW Price will be filled up thia (Friday) evening and tomorrow with people from points over all Eastern Utah. The local chamber of commerce, as- sisted by the Rotary and Kiwanis at a banquet tonight for representatives from Unitah and Emery counties, aa well aa many from )Miints in Carbon. This gathering ia in effect a sequence to a aim! lar function held out at My ton and Roosevelt late last falL Its primary inspiration is in the question of roads and their relation to business between the various communities. Tomorrow is the date set for the regional convention of the members of the state bank association residents of Ban Juan, Grand, Emery, Duchesne, Uintah and Carbon counties. At this there will be people present about seventy-fiv- e as directors and other officers from the banka will come accompanied by their Indies. The get together" banquet will he served at the Community church. The hankers will hold their supper and dance st the high school clubs, will entertain the practice to extend the payment of bnilding. the license, but it has been determined MAN VOLUNTARILY GOES that the secretary of state has no al- PRICE TO FROVO ASYLUM ternative but to enforce the law. Hence no extension. Journeying up to Provo on last On March 1st, next, it is the duty of mornings Denver and Wednesday arevery peace officer in the state to Rio Grande Train No. 1, J. Chris Jenrest the owner of a motor vehicle who sen live stockman and farmer proappears on the public highway with- ceeded to the Btate hospital for ihe out having a 1924 license. It is his insane and announced that he had duty to enforce the law, and not that been commanded by his Maker to ttke of the secretary of state. Several of- np his abode there. Communication ficials have written to II. E. Crockett, waa later opened with Sheriff Ray extension an about secretary, asking Demina and the identity of Jensen of time, but in each instance they have established. Several queer actions been informed that none such can be on his part during the past few weeks granted. are reported. It is quite likely that an Up to date there have been issued examination of the man will be made about sixteen thousand plates of a so that a commitment to the Garden possible sixty thousand. In order that City institution may he made in reguall may be accommodated in the secur- lar form. ing of these and that as little delay as possible be had in issuing them CAFE HOLDUPS TO GET FIVE from the motor vehicle department, YEARS IN THE PEN two shifts were put to work last WedJ. A. Sanchez and Marcos Meira, nesday. The machines on which the certifi- Mexicans, and Oscar Connor were on cates and receints are printed will be Saturday last .found guilty by a juir run from 9 oclock in the morning un- in district eonrt of robbing the Pulltil 9 oclock at night nd will continue man Cafe at Price the morning of Januntil the rush is over. uary 25th, last, when something like sixty dollars wss taken by tbe stick-upsDistrict Attorney Dalton sail Improvement of the high srhool gym" is to be made by the addition at the trial that all three defendants of bleachers in the balcony. This ac- at the time of their arrest admitted tion was decided upon at a meeting their guilt. City Marshal Peacock, of the hoard of education last lues-da- Sheriff Ray Deming and John U. Bry-ne- r, Visits to several new buildnight marshal, all testified to thin. ings now under construction were Mark P. Brsffet defended the men. made that the architect might look Judge Christensen on Tnesday last imthem over. Two of these are already posed a sentenee of five years for each of them in the state penitentiary. in use at Snnnyside and Heiner. ." y. roductiou of soft coal the country over was well maintained during the closing days of the week ended February 9th with the result that most of the loss of tlie preceding week was regained. The total output including lignite, local sales aud that coked at the mines is now estimated at 531.000 net tuns. In eoiujiarison with the week preceding this waa an increase of approximately 2 per cent The improvement seems to have occurred prineijially on the railroads of the South and the Southern and Middle Appalachians Preliminary and telegraphic returns, which show a total of seventy-fou-r thousand seven handled and four ears loaded on Monday and Tuesday of last week February 11th to 16th indicate the possibility of a small decrease in production unless loadings improve on the later days. Production of soft during e the first two hundred and days of the present eoal year (1923-24- ) has been 353,967,000 net tons. For the seven dayi ending with February 2d the mines of Utah had an output of 53.8 per cent of fulltime capaeity. Losses due to all causes were 46 J!; mine disability, 4.2, and no market 42 per cent. During the same period the Colorado properties worked 64.3 and New Mexico 46 per eent. Wyoming has made no report. Iroduction of anthracite appears to have found a temporary level at around 100,000 tons per week. The total output in the week onded February 9th including mine fuel, local sales and the product of dredges and wasberiea is estimated at 1,906,000 net tons. At present the rata of production is somewhat less than that during the corresponding periods of 1923 and 1921 and slightly more than that in 1922. Beehive On Increase. Output of beehive coke increased slightly during tlie week ending with February 9th. From reports of cars loaded by all the principal roads the output is estimated at two hundred thousand net tons as and eighty-seve- n against two. hundred and sixty-fou- r in the preceding week. Production in the Connellsville (Pa.) region increased from 218,180 to 220,090 tons. In spite of the increase the present rate is but 80 per cent of that of twelve months ago, when the shortage of domestic anthracite created an additional demand for eoke. Cumulative production for beehive during the present year to February 9th stood at 1.528.000 tons. Reflecting increased production of iron and steel, the output of byproduct during January showed an increase of 3.1 per cent over the month preceding. The total production was 3,094,000 net tons, the largest in any month since last October. The percentage of production to capacity was 82.8. Of seventy plants in existence, sixty-fiv- e were in operation and five were idle. The new plant of tlie Hattie Creek Gas company wiih eleven ovens at Hattie Creek, Mich. which had been fired up on the closing days of the old year was in production. The prodnrtiou of beehive coke in January was also the largest since October. The total for the month is estimated from railroad shipments at 1,154,000 tons, rn increase of 9 per cent over that of December. To produce the coke manufactured in January last required the carbonization of approximately tons of coal and of which it is estimated that fully 4,445,000 were charged in byproduct ovens and lr 820.000 in beehive. In comparison with the monthly average for 1923-- 6,816.000 tons the present rate of consumption shows a decrease of 8 per llr MURDER IN THE FIRST DEGREE com-jfctV- V show--.raPitifl- Week Ending February 22, 1921 Legal blanks of nil kinds. The Sun, ass Matters At Price Now omewhat Geared Up the part of local inter-i- e to proceed in what ia be the proper and regu-t- o accord with authority Itah public utility eom-- 1 y the state road responsible for Jt of the long delay looking to the ) pavement along 'Mail were first inaugurated ,Aree years ago. What ia Cihe final clarification of 'hation and consequent to the of actual e result of a the regularly ilities board last Tues-b- y numerous coverings held at various 4 Laic City and at Ogden eri of the utility board, jjtjfepunty commissioners, the tCjpmission, the local heads bail road bureau, the Den- Western, the city jr Grande the governor and legal J af the atate, this hearing 'ttrkave for its definite ion of a record, which y place all matters on a hich only a single un-- y he reached by all various phases of the tween Carbon county on the one hand and d Rio Grande on the building of an undercut Cli point where the highway V kksnulroad tracks at the west dk toss of course, the feature a rUngSBSA One clanse of the Md by certain authorities Iks mtj and county to provide tisspports for four tracks over . . inny. while the real intention 4Slr tt cover but a single such CHICAGO, Feb. 19. Styled by hi friend as available for tbe presidency and the hope of the progressive thought of the nation," William Gibb MrAduo, former of the treasury, today ia in the race for the democratic presidential nomination to star. MINERS AND OPERATORS GET TO AGREEMENT JACKSONVILLE, Fla, Feb. 19. Approval of the three year contract for bituminous miners for the central eoniiK'tilive field was voted unanimously by the jxilicy committee of the United Mine Workers of America here this afternoon. There was no objection voiced. Immediately afterward the joint conference of miners and operators went into session. The se scion was merely a formal approval and tha signing of the agreement. no more than the usual losses. Lack of demand remains by far tha dominant factor limiting production. CONTEMPT ALLEGED Utah Fuel and Black Diamond Companies In doll Court Action on a citation for contempt of court involving five officers and employes of the Utah Fuel company, who are alleged to have violated tho terms of a temporary injunction issued recently in a suit brought by tho Black Diamond Fuel company against the former and the Pleasant Valley Coal company, was last Saturday put over by Judge George Christensen of the Seventh Judicial district until this week. Decision on a motion to dissolve the temporary injunction and on a demurrer to the plaintiffs complaint waa also deferred. Alleged gnn threats and interference with Black Diamond operations in contravention with the temporary injunction formed the basis for the contempt citation. Difficulties between tha rival concerns developed from the necessity of the Black Diamond to cross certain property claimed by the Pleasant Valley of which propwty the Utah Fuel is operator in order to bring trackage to its mine. UKin being notified that Black Diamond would be prevented by Utah Fuel employes from loading, the former company on February 2d secured a temporary injunction against such interference. On Febrnary 7th and again, a day or so later, Utah Fuel employes are alleged to have first threatened use of guns and then to have built barbed wire entanglements to prevent the Black Diamond workers from loading. Meanwhile defendant attorneys filed a motion for dissolution of the temporary injunction and a demurrer to the complaint. Upon representations of K. K. counsel for the Black Diamond, Judge Christensen cited Frank N. Cameron, vice president and general manager of the Utah Fuel company; C. B. Hotchkiss, assistant to Cameron; Thomas II. Straup, a mine siqierintendeut ; Frank Cottrell, special deputy sheriff, and Chris K. Jensen, all employed by the Utah Fuel, to appear and show cause why they should not be adjudged in contempt. Arguments on the motion and demurrer were set at the same time as the contempt proceeding. Ferdinand Erickson, counsel for the Utah Fuel company, appeared for the two executives who were not in court. Judge J, W. Bartch argued the ease for the da-fen- se Stef-fenso- n, Diamond people. Since the above was put in type Judge Christensen has given his decision, which dismisses the citation for contempt against the Utah Fuel company officials and employes and dissolves the injunction secured by the Diamond people. On Monday afternoon, after consideration of the agree- ment, Judge Christensen sustained the demurrer of the Utah Fuel company, ThiS' dismisses the present action, Softening of Market. Mine reports for the week ended leaving the ground claimed to be a in possession of the Utah February 2d substantiate the decline roadway in production and indicate the chief Fuel causes to have been a softening of the W. W. RAY. COUNSEL TOR UTAH market in s few districts and greater FUEL, IS HEARD othdifficulties in transportation in ers. Increased losses through "no Operations were begun by the Black market" were reported in Illinois, In- Diamond Fuel company in October, diana, the Panhandle and Winding 1923, at which time according to W. Gulf districts of West Virginia ssia W. Ray, counsel for the Utah Fuel the Cumberland-Piedmofield. These ompany it was advised that it would increases were more than offset, how- not be allowed to use the Finn Canever, by improvement in market con- yon road, which is property. ditions in Westmoreland county and It was constructed private the Utah Fuel Central Pennsylvania, practically all on its lease for the by purpose of haulthe districts of Southwest Virginia, timber to be used for mine props, ing both high and low volatile, and East- and has never been open as a general ern Kentucky. According to reports said last Wednesday. highway, Ray of operators in the Middle and South- When the Black Diamond insisted upern Appalachians, the railroads were on the road to haul eoal to the using unable to handle all the eoal for whieh Denver and Rio Grande Western it there was demand, and losses through was dosed the Utah Fuel. The by transportation disability" in that Black Diamond thereupon obtained territory increased sharply. In the an injunction in the Seventh District other districts the railroads had hut court Utah Fuel from the restraining little difficulty, and it is notable that with its use of the road. in a period of three weeks they have interfering The defendant, advised that the in- -. been able to handle with little trouble junction was groundless, caused a a total output of approximately thirty-- fence to he bnilt across the disputed five million tons of soft The reOn cited to show cause territory. ports were practically free of labor why it should being not he adjudged in eon-labor and and disturbances, shortage mine disability were responsible for (Contlnued On Page Four.) cent. nt |