Newspaper Page Text
Ipag-0CT0BEB c' 1S0j- THE SALT LAKE TRIBUNE. page nine 'fH
12 acres lucerne. 2
Q plenty of water. All
... brCk house, barn.
I W trees. 3000 dewberry
Accrn'o: A-l water-
o) trees, 7 acres
berries anil currants;
,n. taarns, all farmlng
cfc.' located within
rVuon With proper
R idll make a man rich
'tfaccopt Salt Lake
,St. Terms very easy.
v. 4 w. 2nd So. St.
. 4 b515
hundred down and
lu Hko rent. Low
Rave a JA'
r r'nlvcrs ty. for r.i&o.
r front Nearly now
Hi Investigating. No. 27o
5 house lor terms
r Eth at., owned by
ho writes "3 to sell im
,S inoSern. nearly new
Terms Look at
". w 7 room modern brick,
Ai 'ilown. payments same
f Fin" building lot. 3rd
.'., nf 10th So. Owner
Prince at once, Only
$ have building lots on
with sower, for $750 to
l?Re bulk-Ins lots facing
T-ZO. Can make easy
&ut ,s Improving
the tlmo to buy. Soon
hish to make anything
at We have hundreds
,'t can't bo secured elsc-non-rcsldcnts
vely Some of them arc
,h nt once
ALS Tins WEEK,
a brick. J2100; 5250 cash,
S'nECO. $100 cash. $15
m't wasto your money
3 you con buy on those
:o.. 7S W 2nd So. b!79
S patent tip, mili
ind French heels,
rj soles, dress and
. Sign of the Big
fl; GOOD UPRIGHT
pon Music Co.
1 ING MUSIC DEALERS.
109 Main street. j
N a ' Dream I
t!you Ecl n Picture or picture I
"' 'ou can rest assured I
kClr right as man can make
'SahcalT t0 dat and a 1
L C7 SO MAIN ST 1
St Nicholas Hotel
n$ u Europea" r0Ltes. 75 cents
WMA Si?' Corner West Second
Afc TemPlc. ver F. J.
Lower Court Was Twice
Judge Hall Renders Another
Decision in Favor of
George Chntfield Bequeathed Property
to Word Organization, and. Step
daughter Contested Will.
In the long-drawn-out suit of the
Church of Jesus Christ of Latter-day
Saints In tho Fifteenth ward against Hol
on Watson, a docrce was rendered for the
plaintiff yoBterday for tho third tlmo by
Judge Hall. Twice tho Judgment of tho
court has been appealed from and twice
tho Supreme court has reversed tho de
cision of the court and granted a now
trial. The suit was to rocover some prop
erty in the ward, which was bequeathed
to tho ward by Gcorse Chatlleld. in a will
that was disputed by the dofondant, who
Is tho deceased man's step-daughter.
Sho claimed that tho authorities of tho
ward used unduo Influence In persuading
him to lcavo the property to tho ward,
and also alleged that he was not of sound
mind at tho tlmo he drew up the deed.
Mrs. Chatlleld was shown to have agreed
to her husband's drawing up the deed pro
vince mat sno mignt havo a lire Interest
in tho estate and llvo there without pay
ing rent. Accordingly, after the deed was
executed, a lease was drawn up allowing
Mrs. Chatfleld to llvo on tho property dur
ing hor lifetime at a rental of II per year.
The Supreme court reversed the decision
of the lowor court for the first time on
tho ground that the execution of the lease
at a stipulated rental was a violation of
tho agreement, as Mrs. Chntflold ought to
havo been allowed to live thoro without
paying any rent at all. Tho decision was
reversed for tho second tlmo beoause the
court had not allowed the defendant to
Introduce testimony .upon certain mat
ters. Yesterday morning tho third de
cision of the lower court was handed
Cases Set for Today.
DISTRICT COURT. --
-f Division No. 1. Judge Hall.
Charlotte Fleming vs. Alma D.
-f Johnson ct al.
4- Division No. 2. Judgo Stewart -f
-f Crane & Co. vs. George Morrow
Division No. 2. JudEO Morse.
John W. Meyers vs. Highland
Boy Mining company. -f
4- Division No. 3. Judgo Lewis. -f
4- Slato vs. Grlco.
4- State vs. Tulley.
4- CITY COURT.
4- Civil Division Judgo Tanner.
4- No court.
ALLEGED FORGERS DISCHARGED
"Were Authorized to Sign Name to a
Georgo McGec and Harry Nichols, who
wcro charged with having forged the
name of Thomas Pitman to a check for
?10. which check they afterward cashed at
a store In Bingham, were dismissed yes
terday upon tho order of Judgo Lewis.
District Attorney Bonner X. Smith mado
tho motion to have the case dismissed. Ho
said that he had beon Informed by Thom
as Plttman that he had authorized them
to use his namo to the check and that
thoy therefore could not be charged with
forgery- Tho mcn have been in Jail three
months awaiting trial.
SAVES PART OF FINE.
Result of Donovan's Appeal From the
Thomas H. Donovan, for carrying a con
cealed weapon, was ordered by Judgo
Lewis to pay a fine of J25 or sorve twenty
five days in Jail Donovan, who was ar
rested and fined once before in the City
court for the same offense, had boen sen
tenced by Judge Dlehl to nay a fine of $-
or serve forty dayH in Jail He appealed
from the decision of the Pollco Judge.
Judge Pardee yesterday asked permis
sion to change the plea from not guilty to
guilty Ball of J1E0 had been put up for
the defendant's appearance and tho flno
was taken out of that amount.
Gemmil Gets Time to Plead.
Albert J- Gemmil. who was arraigned
yesterday before Judgo Lewis on tho
charge of having procured a criminal
operation upon Mary Baer. was given un
til Saturday to entor his plea, upon tho
motion of Walter Little, his attorney. Dr.
! A W Johnson was given until Saturday
to bo arraigned, os his attorney is out of
j Maynle, charged with assault with a
deadly weapon with intent to do bodily
harm; was arraigned yesterday and plead
ed not sullty. by his attorney. Soren X.
Phrlatcnsen Mayn c is the negro who
Pried to commit a' wholesale assault upon
a half a shift of tho city police, requlr ng
9 ScrKt Hempcl and six mcn to arrest him.
" Bert Scager Is the one upon whom ho
- made the most serious assault, and ho is
named In tho indlctmont.
Chamberlain's Cough Remedy.
No one who Is acquainted with Its
good qualities can be surprised at tho
great popularity of. Chamberlain's
Cough Remedy. It not only cures
colds and grip effectually and perma
nently, but prevents these diseuaps
from resulting In pneumonia. It is
also a certain euro for croup. Whoop
ing cough is not dangerouo when this
remedy Is given. It contains no opi
um or other harmful substance and
may be given as confidently to a baby
aB to an adult. It is also pleasant to
lake. When all of these fucts arc tak
en Into consideration It la not Burpiis
lng that people In foreign landa, as
well as at home, esteem this remedy
very highly, and very few arc wilUng
to take any other after having once
used It. For sale by all loading drug-
I Tribune's Ogden Bureau
i 2486 WASHINGTON AVE. TELEPHONE 111. jjj
I Advertising Rates Furniohed on Application. U
AT THE HEALT SCTEL.
tVhen you come to Ogden. oppoalto 'h
Union depot. The celebrated Ostermoor
tlt mattreasca In every room. Samplo
rooms and cafe In crnnvctlon.
J. J. BROMMITT.
MONEY TO LOAN.
HOUSES TO RENT.
'Phone C22-Z. M03 Washington Avo.
Rt Healy House 6afe,
Under now management. First class In
evory respect Courteous troatmont
Lunches put up to order.
J. JENSEN & CO.. PROP.
I" DRINK """--'-"'J
NATURAL LITHIA WATER. 1
"Makes everything Good." H
F. J Klcsel & Co . Ogden. I
Rlcger & Llndloy. Salt Lake. Dls-
j gbute8 linn miiimLr
( Ogden's flnoat cafo. Lemp'a beer oo
? draught. 2125 Washington Ave.
? LfcJEDOM Sr PATTISON Props. ?
A U. BLOSSER, J. L. BLOSSER.
Your thlrot Parlor. 21T! Washington ave..
BAIL ROAD TICKETS.
If you wish to buy or aell a ticket
SEE J C. BAKER. THE OGDEN
TICKET BROKER. Only member of the
Guarantee Association in Ogden. 1S7 25th
at., ono block from tho Union depot Tcle
I PARK CITY j
9 TRIBUNE BUREAU,
CELEBRATED AT PARK CITY
Special to The Tribune.
PARK CITY. Oct 6. The local lodge of
L. O. T, M. gavo a very pleasant social
In Its lodgcroora last evening at the close
of the regular meeting, commemorating
tho anniversary of tho order. At the con
clusion of a well-rendered musical and
literary programme delicious refreshments
were served and a pleasant evening spent
by thoso present Tho following Is tho
programme ns rendered. Address of wel
come, Mrs. Agnes Harper, lady comman
der, piano solo. Miss Ruby McCarty; rec
itation. Miss Rhoda Nielsen; piano solo,
Miss Mary Hayes; recitation, Mrs. Thorn
as McDonald: vocal duct, Misses Ethel
and Rhoda Greenough; recitation. Mrs.
Thomllson; solo. Miss Agatha Durkln:
recitation, Llzzlo Phaldean; vocal solo,
Ruby McBrldoi recitation, Gertrude
L. E. Hubbard returned this morning
from a three-weeks' trip to California,
where he went to attend the sovereign'
grand lodgo of I. O. O. F.
Mrs. George Garvin and son, Ellwood,
and Miss Kate Donnelly, arrived In tho
camp this morning, after a year'? ab
sence to their old home In New York.
Mrs A. R. Wcetcr returned homo this
morning from a short visit In Salt Lako
Married in Salt Lake Temple.
Special to The Tribune.
COALVILLE, Utah, Oct. E. Joseph E.
Wlldo of this city and Miss Suslo O'Drlc
coll of Francis, this county, wcro married
today In the Salt Lake Temple. Tho young
couplo arc well known In the county and
are quite popular. Tho bride Is tho hand
some daughter of Mr and Mrs. John
O'Drlscoll. prominent residents of Fran
cis and tho groom Is a son of Mr. and
Mrs Fred Wilde of this place. They will
return from Salt Lake Friday and on
Tuesday evening noxt a reception will bo
Klvcn In their honor at tho homo of tho
bride's parents. They will mako their
homo In Coalville.
Elder Joseph E. Jtces. who has been do
InK missionary work in tho Stnto of Ken
tucky for tho past nlnoleon months, re
turned homo yesterday. Tho young man
was released on account of his hoalth.
William Salmon and Thomas Rcca will
leave hero tomorrow with a gang of mcn
and teams to do railroad grading near
The annual meeting of tho Utah
Cattle Growers will be held Friday.
October 7, 10 o'clock a. m. at the coun
cil chamber, city and county building.
Officers for the ensuing year will be
elected. Other business of Importance
will be brought before the meeting.
JOHN H. "WHITE, President.
JAPS BUY WARSHIPS.
Will Place Order for Twenty Vessels
SAN FRANCISCO, Oct. 5. From in
formation received In San Francisco by
a prominent Japanese it Is evidently
the purpose of Japan to tako immedi
ate steps toward increasing her fight
ing efllclcncv to a very consideraoic de
cree It Is stated that the Japanese
cove'rnmcnt has determined to place
contracts at once for somo twenty
warships to be completed at as ourly
a data as possible.
It Is further stated that the greater
number of these ships are to bo con
structed In this country and that sev
eral will be built in San Francisco.
Maneuvers in Black Sea.
SEBASTOPOL, Oct C Combined land
and sea maneuvers havo begun in tho
Black sea. The problem fa for the licet
to attempt a landing, which tho troops
must try to prevent '
OSDEN WILL GIVE
FAIRBANKS AN OVATION
Spoclal to The Tribune.
OGDEN. Oct 5. Senator Fairbanks,
nominee for VIco-Prenldcnt on tho Repub
lican ticket, and- Senator Jonathan P.
Dollivcr, the silver-tongued orator from
Iowa, will arrive in Ogden tomorrow and
speak at the Grand opera-houso In the
ovening. A warm welcomo will be ac
The regular meeting of the Ogden Real
Estato association wt-s hold at tho rooms
of the Weber club today. Superintendent
of Motive Power Dunn of tho Oregon
Short Line and F. M Farrcll of tho Og
den Steel and Iron company were present
and nddressed the meotlntr on tho futuro
possibilities of the Iron Industry In Ogden.
Harry Hill, tho third member of the
gang of ' dope" llends, who ctolo a box of
glovco from Ives clothing store, was today
sentenced to two years and six months in
the State prison.
Tom Kurty has returned from the Ea3t,
W. D. Blospor is back from this Eastern
Julian C. Iloutz has returned from
Deputy Sheriff Sobrlng has roturnod
from tho East with G. R. Day. wanted
hero for obtaining money undor false prc
Word has reached hero of the finding of
tho body of a man In tho Government
ditch near Reno, Nov. The body bears
evidence of foul play and Is that of a
laboror, Judging from his dress. Thero 13
no clue to It3 Identity.
The California Veteran Firemen's asso
ciation will own Ogden tomorrow Thoy
will arrive In a-body at noon and will
be entertained by tho local Veteran Fire
men's association. Thoy are on their way
to St Louis to the World's fair, and will
stop ovor in Ogden for about twenty-four
hours, during which time th'cy will bo
taken for a trip through Ogden canyon
and shown about the city.
Sam Pierce, an old-time passenger con
ductor on tho Rio Grande Western, died
at tho hospital at 3.1G this morning, of
typhoid fever. Pierce was ono of tho
best-known railroad men In Ogden. Tho
funeral arrangements have not yet been
James W. Closo. a mnchlnlst of the
Southern Pacific shops, had his right foot
crushed this afternoon while repairing an
onglne. The Injuries aro said not to bo
serious and operation will not bo necessary.
Injured in Collision.
Special to The Tribune.
AMERICAN FORK, Utah. Oct. 5. The
extremely dark night last evening was
the cause of several vehicles colliding
with each other, and as a result Nathan
Thornton was thrown onto hla head, re
ceiving a very severe scalp wound. Ono
other collision resulted In two wrecked
William Forbes, son of Prof. Joseph B.
Forbes, Is seriously ill with stomach
Mrs. Bell Nlsh and Mrs. Ella Chlpman
and son Maylon loft here today for San
Barnldlno, Cal.. tho homo of Mrs. Nlsh,
whero Mrs. Chlpman and son will mako
their future home.
Mr. and Mrs. Thomas Thornton, Sr..
loft today for Iona. Ida., where they will
mako an extended visit.
Not Injured by Train;
Special to Tho Tribune.
AMERICAN FORK. Oct. 5. In tho ac
count of an accident near here last eve
ning In which tho family of Thomas
Phillips was hurt It was said the vehlclo
In which thoy wero riding was struck by
a San Pedro train. This was an error.
Tho horso drawing the buggy In which
they were floated becamo frlghtoned at
the train and wheeled suddenly, over
turning the rig and throwing tho occu
pahts out Injuring Mr. and Mrs. Phillips,
but not tho baby.
One Year in tho Pen.
Special to The Tribune.
PROVO, Utah, Oct. 5. Charlos A.
Brooks, tho young man who gavo a
forged check to a Provo boarding-house
kcopor, was sentenced to one year In tho
State pcnltontlary by Judgo J. Booth.
Leo Boyle, a young man who drew a
gun on a Donver & RIo Grando conduc
tor a tow days ago. between Payson and
Provo, was sontenced to thirty days In
Jail by Justlco Loon
Papers for tho consolidation of tho fol
lowing mining claims undor tho namo of
tho North Star Consolidated Mining com
pany, wero taken out today at the Coun
ty Recorder's office. The following
claims arc Included In tho company Tho
Iron Duko, North Star and tho Deer
Trail, all situated In tho Tlntlo mining
district. The officers of tho company aro
J R. Novak and J. W Hurd.
A marriage llccnso was today granted
to Andrew Booko, aged 22, of Provo City,
and Alta Smith, aged 20, of Thurber.
W. iH Story, assistant agent at tho
Donver & Rio Grando depot, Is busy re
ceiving congratulations from hla frlonds
on tho advent of a fine boy.
Mr. H. C Tlotjcn of Santaquln and J.
Brown of Highland wero visitors at Re
publican headquarters today.
Mr. A. Watklns left for St' Louis and
Chicago yesterday, to bo gono a month
Former Payson Citizen Dead.
Special to Tho Tribune.
PAYSON, Oct 6. Word was rocolvcd
hero this morning of tho death at Ray
mond, Canada, October -I, of Henry Fair
banks, formerly of this city. He was
taken down about ten days ago with ty
phoid fover, which resulted In IiIh death
yesterday. Mr. Fairbanks was born In
Salt Lako City. March 20. 1813. and aftor
a few vcars spent in Salt Lako romoved
to Paynon. whero ho resided until three
years asro and whoro ho raised a largo
'' Vio'cft here In July. 1901. for Canada,
whero ho was one of tho firat colonizers
of Raymond. In April last ho moved his
family to Raymond. Ho leaves a wife,
clcht children, four brothers and four
sisters, besides a largo number of frlonds
to mourn his loss.
Beauty Doctors Indorse Herpiclde.
Women who mak a business of beau
tifying other women como pretty near
knowing what will bring about tho best
results. Hero are letters from two, con
"I can recommend Newbro's 'Horpl
cldo' as It stopped my hair from falling
out: and, as a droHsIng H han no super
ior. "(Signed ) Bartha A Tnilllngcr,
"29 Morrlpon at. Portland, On"
"After using one bottlo of 'Herpiclde'
my hair liun stopped falling out, and my
scalp Is entirely ireo from dnndruff,
"(Signed,) Graco Dodge.
"IPS Sixth St,. Portland, Or"
Sold by leading druggists. Send 10c In
otalnpa for samplo to The Herplcldo Co.,
A CLEAR FIELD
State Supreme Court
Statute Cited Declares State
Committe to Be Judge of
He Is Therefore the Regular Republi
can Nominee in the State of
MADISON. Wis.. Oct. 1 Si The Wis
consin Supreme Court today, Chief
Justice Casslday dissenting, handed
down its decision In the contest ' be
tween Robert M. La Follette and Samu
el A. Cook, rival Republican candidates
for Governor. The court cites a stat
ute which declares the State commit
tee to be the Judge of the regularity of
the party claims and procedure and de
cides accordingly. As that committee Is
with La Follette he Is the regular Re
publican nominee. On this, Mr. Cook
withdraws and leaves La Follette a
clear field without opposition in his
LaFollette Crowd Happy.
There was rejoicing In tho quarters
of the La Follette State Central com
mittee upon announcement of the deci
sion. .It Is known that Samuel A.
Cook, who heads the stalwart ticket,
will withdraw, he having made a state
ment to this effect a short time ago.
In case the decision was unfavorable
to his cause The State Central com
mittee has the power to fill the vacancy,
but what will be done will not be
known until the committee holds a
meeting to lake action.
Reason for Court's Action.
At tho Wisconsin Republican State
convention, held May 18 lust, 10G0 dele
gates were given seats. Of these 10S
wero contested. Of the uncontested
delegates 515 1-3 were for La Follette.
The State Central committee, composed
of La Follette sympathizers, seated but
forty-three contested "Stalwarts" dele
gates, giving La Follette a majority.
The "Stalwarts" charged " unfairness,
bolted, nominated a separate ticket,
and went Into the Supreme court to
compel tho Secretary of State to put
tho "Stalwarts" ticket in the regular
Republican column on the official bal
lot Tho decision follows:
Here Is the Opinion.
1. Tho controversy shown to exist by
tho foregoing concerns tho prerogatives
of tho Slato and affocts the liberties of
tho people to within the original Jurisdic
tion of this court
2. Such controversy Is of so grave a
character and of snoh public lmportanco
as to warrant this" court In exorcising
Its original Jurisdiction to dotormlne tho
right of matter, so far ns tho door Is
open for it to do.
Question a Judicial One.
3. Since the question presented mere
ly Involves tho duty of tho Secretary of
State In tho performance of an act ex
pressly enjoined by law, Is a Judicial
4. For tho present case, tho tlmo not
having arrived when tho Secretary of
State Is required to mako certification of
nominations, by tho general rulo thoro
Is no remedy at law by inandamus;
hence action, if maintainable al all. Is
properly brought In equity. If tho Legis
lature has not furnished another and ox
5. Tho Legislature Intended to provide
for settlement out of court of all ques
tions between factions of n party con
cerning right to place tho party named
upon tho official ballot, by, section 35,
Wisconsin statutes. In these words:
What Statutes Say.
(A.) "In caso of a division In any poli
tical party nnd a claim by two or more
factions thorcof to tho samo party namo.
the offico with whom the certificates of
nomination are required to bo filed shall,
In certifying such nomination or prepar
ing ballots, give preference of namo to
tho convention or caucus thereof hold
pursuant to the cnll of tho regularly
constituted party authorities, and if tho
committee representing the othor faction
present no other party name, such office
may deslgnnto tho name In such man
ner ns will best distinguish the nomina
(E.) "When two or moro conventions
or caucuses shall be hold and the nomi
nations thereof cortlficd, each claiming
to be- tho regular convontlon or caucus
of tho samo political party, prcferonco
In designation shall bo given to tho nom
inations of tho ono certified by the com
mlttoo which had been officially cortl
ficd to bo authorized to represent tho
What Is Provided.
0. Tho first clause provides for a caso
whero only ono of two or more conven
tions Is claimed to havo boen hold upon
tho call of tho regular party commlttco
and tho identity of that ono Is. there
fore, not Jn doubt Tho second clause
provides for a, case where all of tho con
ventions aro claimed to havo boon hold
pursuant to tho call of such and tho
same commlttco by creating a tribunal
to decide for guldanco for the Secretary
of State which sot of nominees Is regu
lar, and thcrcforo entltlod to uso of tho
party namo, such a tribunal possessing
by familiar rules exclusive and final Jur
isdiction, savo as hereinafter stated.
First Clause Not Applicable.
7. The first clauso of section 35, stat
utes of 1S3S, cannot apply to this case,
becauso tho dominant feature thorcof is
tho exl.stcnco of a multifarious "claim to
the samo party namo," determinable as
beforo Indlcatod by tho certifying officer
from his own records, showing the nec
essary sourco of regularity.
6. While the dominant fcaturo of such
firat clauso Is tho existence of a multifa
rious "claim to tho same party name,"
ono of such claims only being basod on
the "call of the regularly constituted
party authorities," tho dominnnt featuro
of tho second clauso is tho oxlntonco of
a multifarious "claim to tho samo party
namo," based on a like claim of Jhc reg
ularity of the party convention, each of
the claimants referring nocossarlly to
tho "call of tho regularly constituted
party authorities," as in tho caso In
Comos Within Second Clause.
0. Tho present controversy comes
clearly within tho second clause of said
section 25, answering as It does ovory
(A.) Two, conventions wero hold.
(B ) Each of cald conventions mado
(C.) Such nominations woro duly cor
tlficd (D.) Each of said convontions claimed
to be tho regular convention of tho Re
10. It was compotcnt for tho Legisla
ture In authorization of official ballot and
In granting to the party nominees a right
rs2i 11 pa7 yoU" They carry the
X RPV largest lino of SNAPPY UP-TO- ' 1
X vb?L DATE GOODS.
PmWfc& Their clothing is mado by the best
W timiliMi workmen and has the backing of tho J :
-Mwl maker as well as of the OLDEST J
SoSlSw CLOTHING CONCERN IN UTAH. J
A. HjSR Every variation of the human fig- ' 'fll
v MRrjjM J j tiro is provided for in their stock & ( i'l
fflrltMs or tal1 and the slim, the stout i
I M suits $7-50 to $3s- I I
X (MW SEASONABLE UNDERWEAR T
T W AT MODERATE ; H
W (51-6365 MAIN ST. H
Jlnnouncement I I
i It is with pleasure that we announce to the public that - 1 i'l
we have Just completed arrangements with the esteemed U
ihouse of Wm. Knabe & Co. to represent them In this sec- 3 ' 'H
tlon and to handle the Knabe piano in conjunction .with ll
pur other lines. OurJlne of agencies is now, a3 it hasai- 'jjl
fways been, the FINEST that was ever handled under one ' 1 'il
,roof, and the forty-four years of experience In the music jH
(business in tho State has enabled us to fully understand 1. jl
(the requirements of the music-loving public. 1
j In addition to this Instrument will be found here tho re- I '
nowncd Stelnway, the Steck. Mason & Hamlin, Kimball,
Esteyi Heller and many others. Prices and terms to suit jH
.everybody. I j
We earnestly invite the music-loving public to call and i j
make a visit through our emporium of music The hand- ; jH
omest and largest music house west of Chicago. . IH
It will be a pleasure for us to escort you through our j
various departments. J ,
'0ayt:n music oy I
Hew Store. 109 SouiD tHaln H
JOSEPH J. DAYNES, JR., Manager.
to bnvo their names placed I hereon un
der tho party eslPanl'n;o?0rS3v between
Sir oro In
lh6o dlsSey&SSar In
said section 35. .,,,......1 to de
ll. Thu creation of a trl""' "Liona
termlne such controversies, no llrf010jn0s.
being made for udlcla fsvjewll?Bdll,on
eMoiis. necessarily makes Us Jtif"'0"?"
SLchJslvo and Its decisions impeachable,
excopt for Jurisdictional defocts.
Jurisdiction of Court Limited.
12. Tho tribunal answering to tho call
of said section 35 is found to exist In the
Republican State central commlttco
elected at tho State convention l of
and duly certificated to the Secretary or.
State undor section 31 of the statutes,
therefore. Jurisdiction of this court la
limited to deciding whether sueh com
mittee was or Is without Jurlsdktion be
cause of bias or interest of pme ' ?f
members or whether its decision Is ar
focted by Jurisdictional defocts.
13 Such tribunal though required to
act Judicially, being an adm antral )
rather than a Judicial body, bias 01 In
terest of its members docs not disqual
ify them nor affect Its Jurisdiction.
Docislon of National Committee Void.
II, Tho decision of tho National Re
publican convention as to which of the
two sots of dolcgatcs from this State
claiming tho right to represent the Re
publican party thcroof in such conven
tion, was untitlod to recognition. Is not
of any significance as a guide to the
Sccrclarv of Stato or to tho committee
authortaed to determine the Actional
dispute. Under sold section 3o, since ex
clusive Jurisdiction thereof, as rogards
tho official ballot law, was conferred by
tho Legislature upon tho latter as a spe
cial tribunal, as beforo Indicated.
Places on Official Ballot.
15. As soon as tho nominations wero
mado by tho conventions and duly certi
fied rights of nominees to places upon of
ficial ballot undor designation "Republi
can ticket" becamo vested In thorn as
representatives of their respective organ
izations, subject to tho docislon of the
special tribunal aforesaid, as to which
of the conventions was rogular and such
riiiht could thoicforo not bo In any way
affected by tho dotormlnatlon of any
othor tribunal. , ...
16 Section 35 of tho statutes contem
plated In all cases mentioned therein of
conlllctlng claims as to tho uso on tho
official ballot of a party designation,
that ono BOt of tho claimants shall be
clvcn preference thereto and ooch of tho
others havo a placo upon tho ballot un
der a doslgnatlon sufficiently dlfforent
from that accorded to tho rightful claim
ant of tho particular doslgnatlon to en
able tho Electors to distinguish such
sot of Irregular from tho regular nomi
nations LaFolletto Has Preference.
17 The tribunal created by law to do
tormlno the factional dlsputo in ques
tion for the guidance of tho Seoretary of
Stato having assumed Jurisdiction thorc
of and decided, free from Jurisdictional
infirmities, that tho nominations headed
by Robort M. La Follette for Govornor
aro entltlod to preference in rcspcot to
tho uso upon tho official ballot of tho
namo "Republican ticket." It la tho duty
Of the Socrotary of Stato to act accord
lngh. ccrtlfvlng both sots of nominations
to the various County Clorks. but giving
to those headed by Robert M. La Fol
lottc for Governor proferenco n afore-
S'l8l! Tho rorogolng conclusion follows
logically and necessarily from the legal
aspects of tho caso boforo stated. What
tho. real right In tho matter in dispute
might be found to be, were this court
permitted to dlsreirard the decision of
the special tribunal and Invostlgato and 'bbbbbbI
determine tho merits of the controvorsv 'lssssfl
from that standpoint, it has no right to ' H
decide or suggest Duly constituted au- H
thorlty having spoken within Its juris- ' 1
diction it must be conclusively presumed H
here to have spoken rightly. H
Cause Is Dismissed.
By tho court both tho motion of plain- IH
tiff and that of the defendant aro denied. jlsBBBBBa
nn ( the cause is dismissed for want of 'IbsbbbbI
sufficient faots appearing to constitute a jH
cause of action, VibbbbbbI
A NATURAL SANITARIUM.
What a Scientific Observer Has to IIbbbbbI
Sny About California. bbbbbbI
Lieut John P. Flndley, while in i BbbbbbI
charge of the United States weather Ibbbbbbb!
bureau at San Francisco, contributed (H
an article to a prominent magazine on 'bbbbbbb!
the climatic conditions of California,'
In which the following statement ap- ; bbbbbbb!
"Theoretically, California should fur- bbbbbbbI
nlsh the best and most varied health bbbbbbb
resort and sanitariums In tho United 'H
States. Within her borders almost cv- : bbbbbbb!
ery form of wasting disease should (bbbbbbbI
find the means of temporary, if not 'bbbbbbb!
permanent, relief." ! H
Tills theoretical statement, from an ' H
unbiased, scientific standpoint, Is abun- -
dantly confirmed by experience. Tho , H
cool and bracing coast climate, devoid ' B
of any trace of malaria, extends from H
the northern part of the State to the ll
extreme south. Thero Is the choice be- IH
tween this cool, humid atmosphere and IH
the dry, warm atmosphere of the In- 1 bbbbbbbI
land valleys. 'H
Of altitude there Is yet a greater dlf- IH
f erence. From Plain Valley, 300 feet : Bbbbbbb!
below sea lcvol, to tho upper Sierras, HbbbbbbbI
7000 or S000 above, any altitude can be bbbbbbbb!
selected, and comfortable homes be jH
The peculiarity of an almost rainless jH
summer, during which the Injurious jH
germs of animal and vegetable decay jH
aro destroyed by thorough desiccation, iH
Is one of the striking features of Call- JH
fornla climate. y jH
During the rainy season it Is usually bbbbbbbb!
too cool to facilitate fermentation, and H
the result Is, except along some of the ,'bbbbbbbb!
river valleys, an absolutely pure at- 'bbbbbbbI
mosphcre. Tho ocean winds entering H
through tho several coast openings, are
tempered by the Intermediate area .
passed over, and often receive dealr- H
able healing properties by taking- up tho H
resinous odors of the pines and red- H
woods of the coast range. IH
Tho skillful physician, acquainted '
with the climatic conditions, should "bbbbbbbI
find little difficulty In selecting a local-
lty where climate and environment will iH
do all that these agencies can ever do jl
toward the restoration of health. Thero jl
is enough of wlldncss to keep the mind 'bbbbbbH
constantly engaged, and enough of civ- - .IbbbbbbH
lllzatlon to satisfy tho most' exacting. r' bbbbbbbb!
People whose systems are charged IbbbbbbbbI
with malaria, or are "run down" by jH
overwork, find immediate and in many jH
cases permanent relief in thin lnvigor- iH
For descriptive and Illustrative liter- '1
aturc, call on or address, D, R. Gray, H
general agent, S Pac. Co,, 201 Main IbbbbbbH
street, Salt Lake City, Utah. 'H