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16 THE SALT LAKE TRIBUNE, SATURDAY MORNING, JANUARY 4, 1913.
IS OEFN STATE
Important Decision by Utah
Officials of Land Office
Favors Land Owner.
NOT BEHIND RECORD
Equity Growing Out of Grant j
.Made by One State Holds
in Another. '
Holding that there in sravo doubt
am to the Jurisdiction of tho United
K States land department Jn attempting to
decide upon the vaJIditr of a land pxant
H made bv a state, officials of tho local
I'rlted States land office yesterday dc
rled the uelectlon of land mado tn Call
HJ fomla uome timo hko In either fradulent
Hj or illegal, and dismissed tho case. The
H decision in considered an important one.
Tnlexi an appcnl la made within thirty
days the declHion trill be transferred to
'ho United Stated land office in Washing-
The caco boffina with the application
R of J. B. Clarko on August 10, 1S9S for a
j tract of land in California. Clarke
I bought tho land from the atnto and filed
a deed with the surveyor general of
California, convoying his Interest in the
land to Y. X. Bush. Lator 13uah con--evod
Ihe land to F. A. Hyde. Shortly
afi. rward a United State forest re
serve was established, embracing the
land in question.
In April, ISOfl. Hyde conveyed tho
land to tho United States and received
a certificate entitling h,!m to locate forty
ac-cs of other unappropriated govern
mcu land, In oxchuuge for tho piece in
cluded In tho forest rcrerve. Myron D.
(Hsbee of thiu mate was constituted
"Hyde's attorney-ln-fitet to aolect and bcII
land In Utah under the certificate. Illg
bee aolcctcd the southwest quarter of the
northwest quarter of section 11. towns-hip
3.1 south, range 18 wesrt. Salt JLake
meridian, in Utah, and conveyed It to
the Cedar Sheep aisoclation.
I! Gels Benefit of Doubt
I On December IS, J 900, a. apodal agent
fl of tho land office reported tho selection
I Illegal, llydo mado a reply In the nature
jj of a general demurrer, a plea to tho
I Jurisdiction of the United States land d"-
nrtment, and a verified denial of tho
charges. The gist of the charges, ac
cording to the decision rendered yes
frrday. is the allegation that the title to
t'io ilrft tract in California wan secured
from the state by fraduicnt and corrupt
practices. Col. K. D. U. Thompson, res
inter, and M. M. Knlghn, receiver of tho
I 1 f. land office, who rendered the do-
clslon, hold (hat thorn In doubt conecrn-
I lis thi. jurisdiction of the United State
land office In deciding whether the stato
rlii'i, was illegal or to question its val
idity after a patent had been issued.
"I hey, therefore, dismissed tho case and
reeled that the selection of Iligbco for
Ijde be sustained.
I NEW INFIRMARY WILL
BE DEDICATED TODAY
1 r he new county Infirmary will be dcdl-
R t.Ved thlg nflernoon under propitious clr-
c nntfinccs. State, county and city offi
cials will tnko part in tho cxcrclaes that
v ill be held to mark tho completion of
! building, which has been In course
o' onntructlon for more than two yeara.
Open house will bo maintained at the
infirmary from 5 o'clock this afternoon
'ntll 10 o'clock this evening. From 5 to
8 o'clock specially invited guests, ln
fpjding Htatc, county and city officials
and prominent clt Irons, will be received
and ths dedicatory exerciser will bo held.
I rom 3 o'clock until 10 o'clock the poli
cial public will bo rccolvod and allowed
to Inepoct the building.
The county commissioners are partlcu
liurly desirous that tho public will at
tend during the latter hours. Officials
of tho infirmary will be on hand to show
every one through tho building and ar
rangements havo been mado for a musl
I CHARGE OF INTENT
TO ABSCOND FAILS
On a ihowlng that bin arrest and In-
arc'mtlon in the county jail as an nb
. ondlng debtor was illegal, A. Crom
well was ri'Iad on habeas corpun pro
ceedings In Juds:e F. C. Loofbourow'o
rourt yesterday morning.
Cromwell wna tureHtod on complaint
a', the Hancock Fruit companv, which
filed a civil oult against him in Juatico
If. Harper's court to collect for
fVrlftJnag holly, which ho purchaced to
aril during the holldnyn at tln Walker
Xros, bank comeT. On an affidavit to
vho effect that Cromwell wa about to
lavc the state without settllnrr the ac
count he wao taken Into custody by a
Jn hlr petition for re'eane Cromwell oots
"( th tl'-tt thero wan nothing to show
,f,at he Intended to abscond.
I FOUR CONVICTS ASK
FOR A FULL PARDON
Four applications for pardon and threo
commutation of sentence arc sched
'."d to be considered at the January
'r.crllnc of the state board of pardons,
o be held January JS. Joseph JE. Curr.
T'arli y Galloway and Harry Jeesop. all
of whom are serving aentenccs for crand
art'eny. havo mado application for par
don; the other pardon cao to be con
"ldcrod I that of John II. Cumminss.
rvMic nentonci on a conviction of in
tr t to commit robbery. All threo of
he commutation appllcationn come from
onyletn sen-luc tltno for robberv. They
erf John IV. Owen. James W. Cho
on and AVIIIard Gentry.
I WILL TELL THE STORY
OF GREAT THINKERS
n intcrefltlnF: aeries oi blocraphlcal
c-monr: on great thlnkera and scientists
will bo commenced by the Rev. Elmer I
Goshen at the Flnu Consrreeutlonal
V"-rh tomorrow morning. The series
v.lh continue each Sunday fo two
lonths. Tho subject tomorrow wilL be
'.Map ui Aurollua,
Tuc remainder of the schedule ia aa
billow; January 12, "Epictetus;" Janu
ir V "SnCR;,, January "5. "Darwin:"
'' niary J. "John Fiftke;" February ?,
U iL"rt G. Inperpoll:" February IS,
"Uenrj Ward linecher;" January V,
Mh.-.um Whitman.v One. or two othere
' h added :n the oerles later, accord
.TT to Dr. Goshen.
I P. J. DALY REMAINS
AS CITY'S ADVISER
Pcndinj,' the return of II. J. Dlninny.
-tv attorney, who is In California r
ppl, --verlns from a breakdown in his health.
PB t'r contract with P. J. Daly to serve
PB i a bpocial attorney in the law depart-
PpB r-.rnt waa extended three months by the
pBBJ rlty rommlsslon yesterday momlnc.
pBIJ RrorKanlrallon of the law department
'5 contemplated b' tho commlsaionnrs,
i? .i -ti'-n Iwu! been delayd lciiue of
' IUtiinnVu abHmc. Aaron lleycra,
"iv fk"st awJMant city attorney. la to
" v.? !ni and '"aler attorney for
i ,i M- Pa'j probab - will be re
ta.ncci a&jictant clt attorney.
455 SUITS FOR DIVORCE
INSTITUTED LAST YEAR
Records of County Court: Show 70 Final and 2-18
Interlocutory Decrees; Marriage Licenses
. Number 2 130; New Law Works Well.
DURING the year 1912 there ascend
ed to the ofllce of the county
clerk, on tho fourth floor of the
city and county bulldlnjr, 4260
happy, hopeful men and women.
At the marriage llccr.so counter at the
western end of tho oftlec their fond
hopes took form; they procured licences
21"0 of thorn. Th'-y felt secure In an
abounding; lov and thoy pledged their I
abiding fuith ono in the other noon after
wards by entering Into the xnarrJago con
tract. CIoho on the heels of these 60 lovorH
came AhL lawyers. They did not go to
tho weatcrn end of tho long counter, but
to the eastern end. At that end are tho
clerks who accept for tiling actions at
law. Tho 155 lawyers carried with them
complalntH In divorce suits.
Perhaps none of the -555 complainants
was ono of the -1250 happy hearts: but
all of the 455 compainanut at. ono time or
another hail stood at tho western end of
the counter at some counter tilled with
a. great trust and an unswerving confi
dence. At the eastern end of tho coun
ter thcro was written tho record of 010
blighted loves, 310 broken hearts. 310
One Couple in Five.
Thus, turning men and women into cold
numerals, one couple of overv five cou
ples that had stood at the western end
of the counter eagerly awaiting tho pa
por that was to make them eternally
happy, now stood at the canlem end of
the same counter anxiously awaiting the
paper that was to free them of a yoko
become nn unlvearahlo burden. Thy were
not the samn couples, of courne not the
same, but others who had tasted joy at
the wcfUcni end of tho counter at some
t me. The 21.T0 couples were atlll happv;
the ogre had not yet cntored their lives;
they gave no thought to the 010 save
In pity they could afford to pity, for
they were quite sure in their hearta and
in their minds that the fate that had
overtaken tho 010 would never, never
But tho record of the divorce mills in
Salt Lake county in 3312 Is not so dark
lV ,lrBt entries In the eastern-end
Register of Actions" make it uppar.
vMlon tho 45n suit? had boon rmimrl liv
tho millstones of the court on the third
Jloor of tho city and county building,
only Feventy of tho -tSS first entrhjs hao
been indorsed "Final Decree." Two hun
dred and eighteen boro the notation "In
terlocutory Decree." Soma of thr.B
doubtless will, in the courses of lime, be
completed In their proHecution and re
ceive the Mtamp "Final Decree." Hap
pily, however, not all of them nor halt
of them, nor perhaps a quarter of them
will end so.
Some Cases Forgotten.
Of tho 155 cases Instituted, twenty-six
were dismissed by stipulation or on mo
tion of tho plaintiff. Ono hundred and
rorty-one aro still pending. A great ma
jority of the latter total denotes casos
rorgptteti in the happiness of reunion.
,i compluint.s in divorce ac
tions filed In 1012. wives brought r.i2:
huHbuiuls caused the filing of P.!. Women
received oo final decrees of divorce, and
men Jo. One hundred and si.xly-four in
terlocutory decrees wcio awarded to
wives and fifty-four wore granted to
There were instituted In the district
court of thlrt county In 1P12 a total of 1.10.1
civil actions. It is apparent, therefore,
that one-third of the suits which the
courtn wcri called upon to adjudicate
were the outgrowth of domestic trage
dies. Approximately -10 per rent of tho causes
of divorco actions, as net forth in the
complaints, wtro failunj lo provide tho
necefinarlcs of life; 30 per cent wcro duo
to desertion, n per cent to both non
support nnd desertion, S per cent to
cruelty, drunkenncsH, drunkenness and
desertion, drunkenness and cruelty.
Drunkenness and non-support -wcro re
sponsible for another 10 per cent, and
tho other causes were divided, including
Insanity, felony, bigamy and infidelity.
Only five cases wero brought on tho
ground of infidelity.
Wives Charge Nonsupport.
Approximately 200 of tho wlvcn who
instituted complaints charged failuro to
provldo. Desertion wa almost tho onlv
ground set up by th0 husbands, about SO
per cent of the complaints filed by men
charging desertion, in six instances hus
bands charged cruelly and four cases fiWl
by men charged infidelity onlv one wife
ict up thin complaint.
Two yeara ago a law governing divorco
actions went Into effect and it has had
a most wholesome effect. That law con
tains a provision for an Interlocutory de
cree of divorce .before a final decree In
granted. The law requires that a period
of six months must elapse after the
granting of an interlocutory decree bi
forc a final decree may be granted.
Moreover, It provides that a tlnal decree
docs not become wholly effective until
the time for uppcal shall have expired.
:Slx months id tho statutory time for up
Ipcal. In the event that an appeal Is taken
from the Judgment of the lower court
granting a final decree, tho divorco docs
not become cffectlTft until that appeal has
been finally and for all time deter
mined. Thf new law operates as a bar to non
rasldentn procuring divorces in Utah. This
Is so for the reason that a person living
clsewhrro would first have to establish
a residence hrc. That would require
ono year of time before proceedings could
be begun. Following that. In tho event,
that an interlocutory decree wcro ob
tained, an additional six months must
elapse before an application would be
considered to make tho decree final. An
other six months the time permitted for
appeal would make a total of two years.
Thus it has come about that, within the
laat two years. Utah's divorco courts have
been called upon to deal almost exclu
sively with the i;aca of persons who wore
bona fide residents of tho suite.
The effect of tho now law In ohown In
the decrease In the number of divorcee
In the last four years. In IPOS there
were granted in Salt Unko county lSoS
marriage licenses and 2S4 divorces. In
1009 thore were -'O. marriage licenses
and 31U dloroe.J. In 1P10 marriage 11
ccnscE numbered C08f, and divorces .117.
All of thocp divorces were final decrees.
In the year 1011. when the new law
was fairly applicable, there wero re
corded only SO final decrees of divorce.
A total of 179 Interlocutory decrees were
granted in that year HO to wives and .'!."
to husbands. The 03 flnn decrees, of
course, were Included in tho total of in
Tho record for the entire slate of
Utah itr. !omnllfd hv human nt im
migration, labor and statistics shows the
following figures for tho years Indi
cated: IPOS Marriage licenses, 4120: di
vorces, 10.1. 1D00 Marriage licenses.
4F00: divorces, n.in. 1910 Marriage li
censee, 4-tOo, divorces, 4S7. 1011 Mar
riage licenses, il'AS; interlocutory de
crees, 432; final decrees. 210.
Judge C. V,". Morse attends to the bulk
of the divorco proceedings In this county.
Discussing divorco matters yesterday,
Judge Morse said:
Utah Is perhaps no better or worse
than other states, with exceptions,
of course. Our laws arc about the
same as those of other state.
.Statutory grounds for divorce in Utah
are about the same as those else
where. So, I should soy Utah Is
about an n.vcragc Htate in regard to
Tho urgent need of tho country Is
uniformity in divorce laws in the
various states. Divorco decrees and
divorco orders Issued by the courts
of one stato should bo recognised bv
tho courts of other states. The laws
at presont governing this Important
rjue.Hllon aru confusing, to say tho
The law that Utah has enacted pro
viding for th0 interlocutory decree
has had a wholcsomo effect. It has
kept people of other states from com
ing hero to get divorces, because its
provisions aro such that a final dc
crco cannot now become actually
'.!. i) uiiLii ni, least two years
havo elapsed between the arrival of
the. plaintiff to establish his or her
Moreover, tho new law prevents a
pad state of affairs In the ovent of
a reversal of a judgment, in a di
vorce action. Formerly a person who
procured a divorco could Instantly
gct a marriage. license and be mar
ried again within ten minutes after
the decree hud been signed. You
can readily seo the, evil consequences
that would follow the sotting aside
of a decree, of divorco bv order of
tho supremo court. Our present law
provides that tho lime for appeal
six months must cloprie before the
final decree becomes effective. And,
should an appeal be taken, the de
ereo docs not -become operative while
that appeal In pending.
A very largo number of actions for
divorco instituted arc never prose
cuted to their conclusion, so that tho
mcro filing of actions for divorce Is
not evidence that the number of suits
filed Iw tho divorce record of this or
any other stale.
Separation Tragic Event.
At best the separation of a hus
band nnd wife Is a tragic event. It
is a very grave thing Indeed when
there are children. The courts trv
to protect tho welfare of the child
to the utmost limit of their newer.
and in order to do this searching in
vestigation Is necessary.
When a husband and his wife, by
reason of unsultublllty or for reasons
of temperament, cannot got along,
they become a disturbing clement in
society. There In nothing worse than
a quarreling family. This being so.
the legislature does that which it
deems best to remedy a serious condition-
It provides lawa wherounder
a separation Is made possible, and
it imposes rcstrlctlonH whereby tho
privileges axe safeguarded apainst
ahuso. Personally, I do not think
men and women should be compelled
to live together against their will.
Therefore, divorce becomes a neces
sity: and we must endeavor to ad
minister the laws passed by tho leg
islature In such a way as will im
pose the least hardship, especially
hardship on Innocent children.
Every divorce action has Its dis
tressing side: somo are so filled with
grief that It is scarcely conceivable.
Divorces wreck the Uvea of men and
women. There is no (jucntlon about
that. Tho duty of courts Is to
ameliorate the distress as much as
1 CITY AND VICINITY I
THREE BANKRUPTCY cases were
adjudicated and referred and one dis
missed in tho United Statesdistrict court
yesterday. The case of Rasmus Frand
van of Prlco was dismissed by Judge
Man-hull and the following were adjudged
bankrupt: Marchl Rrothers, Bingham:
W. A. Williams and George Cozakos of
Fait Lake. Monday will be rulo day In
the federal court.
MAJOR JAMES M. PETTY of the
Twentieth infantry, assigned to duty as
major of Philippine scouts, left yester
day for San Francisco, from which port
ho will sail on the army transport Logan
for Manila. Major Petty returned to Salt
Lak5 City from the cast recently, whrc
ho went with his family, which will re
main there while he Is in the Islands.
HORACE S. ENSIGN, assistant direc
tor of tho labernacle choir, has received
a letter from tho Calgary Industrial Ex
hibition association, which contains a re
quest for a acxtctto or a qnartetto from
tho choir to take part in the programme
of tho next exhibition to bo hold July 1-5,
at Calgary. Canada.
HAVING BEEN CONVICTED in the
city court of keeping a disorderly house
and again in the district court, to which
she took an appr.il, Edna Prescott yes
terday was Msnlenced by Judge F. C.
Loofbouro' to servo thirty days in the
city Jail nnd to PUJ a fine of ?C0.
A SPECIAL PROGRAMME of selected
muxleal numbers will be rendered during
today's regular luncheon at the Commer
cial club by the Romania Hyde string
quartette. MIb Edna Evnna, soprano,
will be the soloist in a number of clnsitic
FUNERAL SERVICES for "W. O. Xor
rell. 57 years of age, who died Thursday
evening, will be held at tho funeral chapel
of O'Donnell A: Co., today at 12:30 o'clock.
Interment will be in Mount Olivet ceme
tery. JOHN D. SPENCER will deliver an ad
drcji at V 1 M. c A. Monda i' nit K
t R o:o k His lecture will dia' with
ralesman.:hir It wi t bo open to a J bu:l-
ncss men nnd everybody else intcrcsloo
In tho subject.
FUNERAL SERVICES for Clara a
Clsby of Atlanta. Ciu.. who died In this
city January" L of pneumonia, wcro held
at tho funeral chapel of J. W. Taylor
yesterday afternoon at 2 30 o'clock.
Interment wa In ML Olivet cemetery.
SETTING OF criminal cases for tho
January term of court will bo held in
Judge F. C. Loofbourow'a division of the
Third district court January 7. All cases
on tho calendar will be reset und new
THE LIBERTY THEATER company
yesterday filed an amendment to its
articles of incorporation with tho county
clcrk. Increasing tho capital stock from
525.000 to $2r.0.000 and tho value of its
sharoc from $10 to $100 each.
WILLIAM DIETZ pleaded gulttv to a
chnrgo of assault with Intent to commit
a statutory crime and was sentenced to
eighteen months in tho State prison bv
Judge F. C. Loofbourow in tho district
( A COMPLAINT charging Roll. Smith
with telling II rear nm to a minor wan Is
Htied by the county attorney yesterday.
The offense is alleged to have been com
mitted December 21, 1912.
THERE WILL BE a public injstalhi
tlon of the officers of Maxwell-McKcHn
post and corps in I. O. O. F. hull. Post
office place, this evening at S o'clock.
CHARGING DESERTION, Elizabeth
Ruth Loopw yesterday filed suit for di
vorce In the district court against Harn'
THE MIDWINTER art exhibit of Mien
L. L. lllard's work will be continued
at her studio. 437 East First South
street, until Wednesday, January 35.
THE SIGMA CHI fratcrnltv met at
luncheon at the Commercial club ynstor
dH'. A routine business meeting fol
lowed the arrvlng of the tnnu.
LOUIS MAR RINGER, driver for Fl'e
CMf Rvn.itn- car. ha resigned,- to ac
ecp' a iwtltlon m Butte, Mont.
FOR MUD TRAIL
Governor Spry Is Among Ifn
Ihusiasiic Boosters of Move
ment for Highway.
PROBLEM iS 'DISCUSSED
Proposed Route Must Have
Approval of Legislature to
Be Properly Maintained.
A bill providing for nu adequate ap
propriation to assist in tho establish
ment of Utah's link to tho Midland
trail, which is to bo Ihc ftrht Iraus
continental auloniobile highway, will bo
presented to the next legislature This
was fully determined upou at a nicot
ine: of tlio .Salt, Lake Council of the
Midland Trail association at tlio Com
mercial club yesterday afternoon.
Governor William .Sprv met with tbo
committeemen and declared himself a
heartv supporter of tho project; also
that bo would render all tho assistauco
he could in tho interest of Loo highwa-.
Thc govoraor offered a number of sug
gestions, which tho committee will make
uso of in its fight lo sccuro the passage
of the proposed bill.
Governor Spry also informed tho ex
ccutivo committee that ho lmd request
ed tho stato engineer to inspect iho
proposed routo of tho Midland trail
through Carbon, Emery and Grand
counties, with a view "of malting tho
road passable. It is tho intention lo
put tho road in such shape as to allow
committees of automobile manufactur
ers who will pnj- for surfacing tho high
way, to pass from Colorado in automo
biles to Salt Lnko.
A portion of tho proposed route,
a Iravcrfyed by A. L. Westgard, path
finder for tho American Automobile as
sociation, extends over a stretch of des
ert land in Emery aud Grand counties,
and forms ono of tlio difficulties to bo
overcome. Tn thin connection Iho Gov
ernor foccibly reminded tho committee
that to build and maintain tho road it
would be necessary to havo if, extend
through property that could bo I axed.
It would also no ucccs?ary to obtain
the approval of tho legislature, ho said.
However, tho stato engineer will
make his inspection aud submit a pre
liminary report on the feasibility of the
Harmony Is Desired.
Tho eommittco adopted a resolution
providing that arrangements bo made
for a meeting in Ogdcu, at whieh timo
efforts will bo made to unito tho Salt
Luke and Ogdon factions, and mado a
conecrtod rcouest from all intorcsted
Utahna for the proposed appropriation.
It will bo argued that tho route from
Salt Lalco to El v. Nov., can be settled
President W. TT. Ellison of tho coun
cil was authorized to appoint a com
uiitloc to meet with tho county com
missioners of the respective counties
through which tho highway will pass,
tind the association will mako a deter
mined effort to. get all theso counties
working harmoniously in tho interest of
It was set forth at tho meeting that
commercial organizations in adjoining
6talos aro working hard to divert tho
highway through their bounds to tho ex
clusion of L'tah, aud that therefore
there is urgcut need for prompt action
by the Utah supporters.
Thoso "who attended yesterday's meet
ing wcro Govornor Spry, "W. H. Ellison,
W. ,T. Burton. D. TI. Hewlett, "Dr, C ..
Wherry, A. II. Crabbc, Dr. Fred Stattf
for and A. P. Iliskoy.
WINDSOR V. RICE'S
Many Prominent Citizdns At
tend Obsequies Held in St.
Attended by a large audience, in
cluding many" of Salt Lake's most
proniiucnt citizens, funeral ocrviccs for
Windsor V. Tiice, who died at San Die
go last Monday, were hold in St.
Mark's cathedral at 9 o'clock yester
day anorning. Accompanied by Mrs.
llicc and President W. W. Armstrong
of the National Copper bank, tho bodv
arrived in Salt Lake at 6:,'50 o'clock
The Very licv. Dean S. ft. Colladay
officiatcd. Bi9hop F. S. Spalding and
Canon Johnson wero present. The beau,
tiful and impressive ritualistic service
of tho Episcopal church, together Avith
a burial chant by tho choir ?ud two
hymns, "Nearer. My God, to Thee"
and "For All the Saints Who From
Their Labors Tioat," in which the au
dience joined with the choir, consti
tuted tho entire ccrcmonv at the ca
Mrs. Rice. Gordon fticc and tho
Misses -Marguerite and Isabcllo Ilicc
wuro present. After the service the
body was romoved to Mount Olivet
cemetery, only the members of the
family accompanying it there, whero it
was "placed iu tho Mtisonic vault, pend
ing final disposition.
The pallbearers were W. IT. DicksoD,
David Keith. Thomas Kearns. James
Farrcll, J. S. Hransford, Duncan Mac
Yichic, .T. E. Galigher and Lafayette
iranchctt. After the funeral flowers
were hcnt to St. Mark's hohpital at the
request of Mrs. TJicc, to be distributed
among the patient?.
CITY POUND ALMOST
PAYS DURING YEAR
The annual report of S. F. Brown,
city poundkeopcr. was nioi with tho city
commision yodtcrrlny. ft nhown that
during the year a to'J of CS2 had of
livestock were emptmndod. of which 14C
were home. 133 rows and three sheep.
From aaletf of unr'demel anfmaln tho
receipts totaled SI Tho total ox-
pen? of the pound was J997.f,ft nnd the
total receipt JSS.j,0, saving run
The Jteeper aki for an appropriation
o' 51320 for 101:
SM SPENDS MORE
MOB THi BEFORE
Nevertheless, Utah's Treasury
Has Greatest Amount in
AUDITOR MAKES REPORT
Reminds Governor That
Wa3fs to Spend Funds Have
Though more money has been r.pcnt
during tho laat blcnnlum on tho general
upbuilding of the slate than over be
fore there remains on hand in tho stato
treasury, ovor and abovo all amounts ro
qulrcd for outstanding warrants. $1,111.
020.2U. tho greatest balanco with which
the state has over faced a new biennial
period, according to tho report of tho
stato auditor. .lease D. Jcwlces, lllcd with
Governor Spry yesterday.
Tho expenditures of tho common
wealth, its various incomes, tho dispo
sition in detail of nil funda and tho exact
financial standing of tho atato aro given
In tho report, which in tho most volum
inous Hied with tho governor. It covers
100 pages of double-sl.cd legal paper,
aside from the balance sheets. Jn part It
"To tho epeolal credit of 3'our admin
tration and aa a tribute to your splen
did business management aa tho chief
executive or the state, roforenco to the
statements of this report will show that
in addition o tho regular cxpcnHCH of tho
stato government more has been ex
pended for tho general good of the otato
during tho last two fiscal years than in
any two previous years, and yot at tho
cloao of huHlncsa, November .10, 1012,
there was a greater balanco on hand with
which to begin tlsoal operations of tho en
suing blcnnlum than hus ever before been
shown in tho history of tho state."
It should be borno In mind, however,
that there arc already purposes provided
for opend!turo of the unused balances,
the auditor says by wav of admonition
against an overly wealthy spirit on the
part of the legislature.
From all sources nnd for all purposes
tho amount received into tho stato treas
ury during the last two years la shown
to bo 57,i:t9.L'35.7:5. Of this. 5S.007.50S.7l
was placed to Iho credit of tho general
fund, in whieh was included the 5100,000
appropriated by the United States gov
ernment to tho L!nh Agricultural col
lege. These receipts arc exclusive of tho
balance on hand at the c.looo of the pre
vious blcnnlum, which was $616,631.72.
The intoritancc tax law furnished one
of the principal sources of tho Increase
In revenue, says tho report, while tho
bond Issues for state road building and
for the centrnl building at. tho univer
sity enriched the credit balanco of the
state's books by $250,000 and 5300,000, re
spectively. Inheritance Tax.
Receipts from the Inheritance tax dur
ing tho two years totaled .'SI. 230,370.-7.
which Is $l,160,fi69. 1C more than was col
lected the previous two years and $1,
07P.7I2.0S more than during tho entire
period of statehood previous to tho past
The auditor talccs occasion lo pay a.
compliment to A. R. Barnes, attorney
general, for his ability and indefatigable
perslstcnco in collecting the inheritance
tax on many large estates that might
otherwise have escaped.
Tho total receipts arc divided as fol
low?. Taxation. 52,608,059.62; land grant
funds, 51.S72. 252.93; fees from stato of
ficers, $10f.,n(Jl.oi. This is cxcluslvo of
the Inheritance tax recclpU'.
The total amount disbursed for all
purposes during the two fiscal years v.aa
SR.61S.S57.60. Of this amount, $2,437.
5S1.12 was from tho general fund. Thia
money In tho main went for the follow
ing purposes: Schools, public Institu
tions, state roads, redemption of 1S02
bond issue, the investment of land grant
funds In various securities and stato
Tho report then estimates tho amount
to be placed to tho credit of the Htatc
during 1013-1014 as $2.101,7.12, while
tho estimated requirements for tho forth
coming two years is .V3.257,130.2S. a total
of estimated demands over estimated
revenues of $t. IGG.27S.1G. The report sug
gests that the appropriation committee
of the legislature confer with the gov
ernor as coon as possible to devise means
to overcome this probable balance.
The assessed valuation of property in
the state Is given nu follows: 1011,-?194,-;C4,t;0.
and 1912. $200,299,207. an increase
of 113,994.702. Tho report suggests that
the assessed valuation bo placed at full
vuluc that If. 5600.000,000 and the levy
Tho present bonded indebtedness of tho
stato Is 51.210.000; but the bond Issuo of
1S02 of $250,000 has been redemmid with
out Issuing new coupon bond3.
The report states that it is regrettable
that thy people at tho last election voted
down a proposition to permit tho state
treasurer to receive Interest for tho state
funds on deposit. The auditor, as stato
treasurer-elect, promises to do all he can
In this direction.
State warrants havo been drawn In
payment of bounty claims in the amount
of Xjl.SGU.Sl during the past two years,
but the unpaid certificates now aggre
gate $15,000. Tho report suggests that
the bounty law bo repealed or sufficient
appropriation bo mado to pay the boun
ties. A uniform law in accordance with
the bounty laws of other statcn Is also
The report ahowa that there are 15.170
brands reootded in the state. Tt recom
mends the passage of a law requiring a
uniform system of accounting by the sev
eral county officials and that the work
of tho special auditor be continued.
WILL COMPEL DAIRIES
TO KEEP CLEAN HOUSE
The state dairy and food bureaus will
commence the new year with a thorough
"house cleaning" In all tho dairy dis
tricts of tho state I3vcry dairy owner
will be required to clean up hlo place
and make It conform strictly to the stato
laws covering dairy sanitation.
Inspector Smith of the bureau is now
inspecting a number of dairies in thl
county. Next week a thorough Inspec
tion of nil dairies in Cache county will
he started. Commissioner YVIUard Han
sen estimates tlmt tho Insupection will
require several months' time but ho ox-P'-cts
to have every dairy In perfect sani
tary condition when the work la completed.
OFF FOR WASHINGTON
V. V,. Armstrong, president of the
National Copper bank, left yesterday
on tho Overland limited for "Washington,
D. C. where he. In conjunction with
TV. b IcCornlck. L. H. Karneworth.
Frank Knox and Charles S. Burton, all
bankers of this city, will appear before
the Pujo investigation eommittco on
January 5. lr. Armstrong left one day
later than the others, ptoppinc over to
attend tho funeral of Windsor V. Ulca
his friend and former b-usinets partner.
WORKING PUNS EOR
Architect Making- Alterations
lo Conform With Ideas
It. K. A. netting, architect of the
statu capital, is rovisinR the working
plans of tho now structure that they
may be. ready to submit to .lames Stcsv
art & Co. with the contract Xor tho
construction of tho buildiuff. Several
cli.iagos worn made neeessnrv by minor
altera tioun decided upon bv tho state
The plans will bo completed and the
contract ready for ainaturo by tomor
row or Monday.
Members of the capital commission
cxproMcd themselves as pleased at hav
ing reached tho decision to let the
contract to James Stewart it Co., in-
nsmuch as tins firm wag tho lowest
bidder and the excellent work done
by tho company in this citv is being
taken lis n guaranteo of tho excellence
of tho work tho firm will do on the
From now until tho completion of
tho building the capitol commission will
havo much work. Within tho nc.rt
si.tty days tho commission will pass
on practicnlly all material for tho
building and will givo itn personal at
tention to practically all construction
CRUSADE IS BEGUN
10 PROTECT RORSES
Humane Society Urges That
Animals Be Sharp-Shod,
and Blankets Used.
Tho. arrival 0f cold wcathor and tho
accompanying slippery pavements has
worked conoidcrablo hardship on
smooth-shod horses. Manv of thom
havo boon seen fo fall upon tho stroots
in tho past few days. Complains havo
"been heard regarding tho laxity of the
ITunmno society officials in not order
ing that such animals imuiodiatclv be
Otficers of tho Huinano society,
when neekd about tho charges that
they aro neglecting their dutv. answer
(hat within tho Inst few dnvs thev or
dcrcd nearly .100 horses slmrp-sliotl. Jn
ono case, where the ownor refused to
have his animals so shod, they ordered
him off tho streets until ho did eo.
Officers pay that it is impossible to
get around to all the borsos and owner3
at once, and that tlioy aro working as
rapidly as possible. They aro being as
aisled by the c.ity polico, who watch
for drivors with smooth-shod horses.
The Humane society also is insistent
upon tho blankotinir of horses vthoa tho
animals arc standing thin winter. A
canvass of all business houses in the
city where delivery liorseH aro used
was made rccentlv and all firms were
ordered to comply with tho law re
garding blanketing. Officers of tho
society say thoj- have persuaded many
firms to uso blankets.
TO CONVENE HERE
Utah Sheepmen After Na
tional Meeting in 19M
for Salt Lake.
A determined effort will be mado by
woolgrowers of Utah to Sct tho annual
convention of the National Woolgrowers'
association for lPl-i. It Is planned to aend
a large delegation to tho convention In
Cheyenne January 0, 10 and 11. The
dolegates will endeavor to get tho next
annual convention here with the idea
ot having this made the permanent homo
of tne national association.
Tho annual convention of the l'tah
woolgrowers' association will be hold In
the Hotel Utah Monday and Tuesday
and it is thought several sheepmen will
go from here direct to Cheyenne. Thcro
has been reported somo negligence In
allowing diseased sheep to como into
l-tah from Colorado and this matetr will
bo ono of the important ones to be
brought up In the Utah convention
Excursion rates for the convention in
Cheyenne have been announced by tho
pa6Scngor departments of tho Union Pa
cific and the Oregon Short Une. The.
rates are Jl.0.40 from Ogden. 520.00 from
Salt Lake City and from .Valt Lake
City In' way of Denver.
Practically all foreign railroads reo
rcsented here will send delegates to the
convention. Among thoso from th" rail
roads are T. r.. I.els of the Atchison. To
peka i Santa Fo; W. u Grelncr of the
.New York Central, J. J. Kavanaugh of
the Missouri Pacific. P.. F. Ncslen of the
Chicago. Burlington & Qulney; A. Dra
hos of the Cumberland Gun Despatch. J.
A. Foley of the Illinois Central. Leon
angstrom of tho Pennsylvania Lines. F.
A. Starkweather of the Chicago Great
"Western. C. S. Williams and V. jr. How
ell of the Chicago, Milwaukee & St.
Paul: J. A. Lloyd of the Erie and James
Yundt of tho Wabash.
MILLING COMPANY IS
AT OUTS WITH AGENT
The Tntcrmountuln Milling & Elevator
company yesterday bogan suit In the
district court against A. L. And reason
lo recover ?13S9. tS, alleged to be due for
flour and wheat sold tho defendant, and
to collect $4fc00 dnroagcr for brotich of
contract on Andreanon's part.
The company charges that Andrcason
contracted to buy wheat for it and to
ship it to designated points, guaranteeing
that tho wheat would be of a certuln
quality and of proper measure. This ho
failed to do, it Ik alleged, having pur
chased wheat of so inferior a rumlltyt
that the company was unablo to mill It.
"VVillinf; to Compromise.
The city commission was informed
yesterday by Thurman, Wedgwood & Ir
vine, lav,- p&rtncrs. that the latter rcprc
Hcnted Isuac Barton and others In a claim
agalnht tho city for damages alleged to
have been caused b; cradlrp on Center
street The Jaw firm InfonrK the com
mission that the claim may be comp-o-mlned
for $750 If done at onre. Othcrwisr
oult will bo filed in the district court.
BEGIN 11 M
Governor Expected fldj
appoint Majority of 91
Successful State and M
Candidates Are Rearf
New county and state offiaj
lako office Moudsty at .12 o'clw
parta of tho stato. U this coo
tho stato a largo majority of
cnt officials wcro re elected a5
will bo but fow changes.
Tlio rc-clocLion of Govornorj
Spry makea certain tho rcappa
of tho officers whose nppointnS
with tho governor. Thoro aril
number of officers and hoards
pomtmcnt is loft to tho yCZ
iho conscut of tho stato senati
cations aro that practically oil
lectcd will bo renoniiuatcil bv
cmor. J $
Thoso who profess to know ii
tho holier that tho most h
changes to ho made bv tho i
lull be in the stato land board
stato board of equalization. Thi
benta will continue iu oftico un
successors qualify and it is Iik,
tbo governor will not nnuounct
pointments until near tho cio
session of tho legislature. J
Appointments Made. '
Stato Treasurer David Matt
was elected secretary of stat
rocont election, takca'of lico Moai
becomes cx-oflicio member of?
stato boards. Tho secretary o
elect has already announced hb
appointees for his office. T.
succeeds If. 1. Cunimiugs as ch
uly aud Mr. Ciimmiugs goes to I
board of equalization as chief cl
btato Auditor .Icsso D. Jcwk
elected stato treasurer aud Ttn
Kelly, at present chief doni
auditor V. office, succeeds Mr.T
stafo auditor. No important!
will bo mado in iho forco of'
in either office. Attorney Goner.
I'.arncs and A. C. Nelson, stato!i
tendont of public instruct ion,'
elected and will make no chan
tho present. 1;
The personnel of tlio suproinj
remains unchanged, but undorll
-Justice W. M. McOartv bceora
.pistico in place of .lustico J. E
tho present chief justice. Thoj
opposition to the reappointment1,
ry Griliith as clerk of tho suprcm
but it ia understood that f url Afl
aims to securo iho appointiiicM
porter of decisions to succeed jfl
Tlio most important changes
county oflict'6 arc thoso of counB
missioners, sheriff and countv clfl
II. Crabbo and C. I. Wnll'criM
John C. Maekny and Walter J.fjf
on tho board of countv comrniw
Tho commissioners have sevoral
incuts to make, which incIudoM
.physician, superintended, of thoj
infirmary, clerk in the countv 'M
siouers and several road supei
The now commissioners who ti
with 0, W. Carlson, holdover .s
of tho board, in making theso a
inents havo not indicated any pro,
for theso positions. j
Sheriff-elect Andrew Smith, "3
announced his appointments. vt
cludo tho reappointment of Qttii
uly sherilfs and tho naming of?
new men on his forco. L. P.
county clcrk-olecf. in chief dop'
Iho county clerk's ofliec. Hb i
tain most of tho present force Ol
tics in tho clerk's ofliec. Si
County Auditor C. Koscoo $
Counly Treasurer Fred C. Ba6setfc
ty Surveyor II. Allon Gardnei
Connty Attorney T. E. Willoy w
ro-olcctcd and will mako no chai
tho deputies now errployrd in ti
ficcs. County L'ecordor R .T. A. J
will bo succeeded bv Clarence C
who has announced that for tho!f
thorn will be no changes iu tbo W
forco of Iho office.
Assessor's Office. J
William A. Lcathnni. counfy asj
olect, yesterday announced his
nionts for tho assessor's ofliec, el
Monday. If. D. Woolloy, who la
socond deputy under Amor. Gabbfl
retiring assessor, will bocomo chh
uty. Mis3 lithel liitrsca will 1
il. Gabbolt will romnin ia tM
somo time to aid in tho rush w
Jfltr. assessments. A forco of t
sixty men will be trturtcd at work
diately on tho new ass ess m cuts
aid of the former assessor in lia
this, tremendous task is consider!
FOR DEATH OF CI
Suit to recover J10.000 on cachi'
counts waa filed air.iln.it the Dea
Itlo Grande railroad In the dltrioi
yeuterday by Mrs. ISmma J. Mel
Mrs. Xlclucn declares she waa,
from one of the company's pa
trains near Tucker, Ltah, a !'
though she had purchased n UcX
that an a result of her expulsion at,
ami) 10 years, who wa.i Jut rcca
from serious Illness, was torctd U
llnue on his way to New Mfxlco.
tended nnd that, bcinfr without
caro during tho Ions trip, he dlM
aftur his arrival. tinMn t,
Mm. Niclpon ailcs for 110.000 f
death of her son and JIO.AOO for lnj
hrclf. , . . . ?
Belli? an expert tr',nLi;
Mr. Nielsen then allesfcs that
nho been allowed to so on with n
child he would not ha died.
that who was forced from n tn
the conductor In spite of the rq
tho ticket Hha held Jd been l
by the company'H ncentu ami m "i
the protestations of her M'o V'
who offered to repay her fare.
Favor Utah Materials
TtoBldcnlf of Sixth lit "twjjlj
nothing but Utah ma or 1al
Irur that street. lntorda neyJW
petition lth the city : rcconlcr i
Ins the city commission to "'f.iW
rock aiplmlt in the Tjf'.rW
price commensura e J
mat-rials be obtained. The P'"M
rnl bv M. H, 1nker ami
more of other.