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THE ARIZONA REPUBLICAN, FRIDAY MORNING, MARCH 13, 1914
III BIG SUII
Judge Sawtelle Enters Final
Decree in Arizona Mutual
and Arizona Trust Case
Leveling All Interests in
Ending the litigation of several
years, Judge Sawtelle entered his
final decree in the case of Clark
versus the Arizona Mutual Savings
and Loan Association, and distribut
ed among the two hundred stock
holders in that company and its sub
sidiary equal shares in the assets.
The troubles of the Arizona Mutual
and the Arizona Trust Company are
now to be handled by the court's
standing master in equity, Edwin F.
Jones of Tucson.
The interveners of the second
group, are, by this decree, established
on a plane with those of the first
The former decree delivered by
Judge Sloan just before he left the
bench, discriminated between the two
classes of stockholders, and there
fore left the loophole by which At
torneys R. E. Morrison, J. E. Morri
son, Oscar Rickey and Benton Dick
fur the second interveners broke the
steadfast rule that a final decree
cannot be attacked in a subsequent
tarm of court.
It was by the exercise of a good
deal of hard work both by the court
and the attorneys that this case is
ended thus satisfactorily. It has been
a sharp legal battle, in which some
clever work has been accomplished.
Briefly, the case was this: The
Arizona Mutual Savings and Loan
Association was formed in Phoenix
and stock sold all over the United
States, Canada, Mexico and the is
land possessions. The assets re
solved themselves into about $130,000
when a receivership was sought and
secured some years ago. The offi
cers of the company had formed an
other corporation known as the Ari
zona Trust Company, and had de
livered the entire assets to the sub
sidiary, an action that has been held
to be fraudulent by two court de
crees. Then followed the receiver
ship and soon, after a suit instituted
Irv Charles W. Clark, a stockholder,
a citizen of California. His suit was
to compell the officers to restore to
the Mutual the assets which had been
transferred to the trust company.
The fact that Clark resided in
California threw the case into the
United States court. When Clark
withdrew later, and the fight was
taken ud by the Arizona "inter
venors," the court's jurisdiction had
been established, so the case was
continued in the federal hands.
Judge Sloan held that because
there was no legal consideration for
the exchange of assets, the change
was fraudulent, as far as the origin
al interveners were concerned. Some
stockholders had had their stock
fr.insfprrpd and others had not. The
intprvpnine- stockholders held with
Clark that the transaction was void,
and asked for a sale of all assets
and their own remuneration. Sloan
ordered that the assets of the trust
company be sold, as it was impossi
ble to return them to the Mutual
This would have effected a return of
all assets sufficient to repay the ori
ginal parties, but did not take care of
the other stockholders. They were
to get what was left, which was very
That brings the case up to recently.
Sloan's decree was entered just be
fore his term expired. The federal
court rule Is that no decree can be
attacked after the term in whicn it
waa entered, has lapsed. But the
four attorneys for the second batch
of intervenors maintained that Sloan
had exceeded his jurisdiction in en-
tprlni the decree, and on another
tirovision covering this contingency,
got what is practically a reversal of
portions of the decree, ims is "
signed to give equal relief to all
-m.hniiiora whether they have
transferred their stock or not.
Claims are now ordered to be filed
with Edwin F. Jones of Tucson.
There will be much more business
to transact before the case is en
tirelv settled. All of the two hun
dred stockholders will have to come
jn and take their chances of sharing
in the distribution of the assets. U
is believed that the two companies
will now pay about 60 cents on the
SAT BENTEON SAftYER
(Continued from Page One.)
citizen, was killed recently by Yaquis
on the ranch of Charles Anthony, in
the Yaaui River Valley, while consti
tutionalist soldiers, encamped a few
hundred vards away, refused to go
to his assistance, according to a news
paper special from Nogales tonight.
He was caretaker ot tne rancn am
was defending it when killed.
For Special Session
AUSTIN, Tex., March 12. Governor
Colquitt announced he would confer
with party leaders over the advisa
bility of calling a special session of
the Texas legislature, and that while
a change in the election laws was the
subject which aroused interest in .
special session, the body might con
sider anything else, including the pro
tection of the Texas frontier.
He Need Tm hwn Lot Salesman
Bon t2B - fhovnx Am
PICNIC IS NEXT
All in Readiness for Annual
Gathering at Hieroglyphic
Rocks Good Time As
sured Room for One
All is now in readiness for the
nnual picnic of the Illinois Society
of Arizona to be held at Hieroglyphic
Kocks on Saturday, even to the cor-
iling of the weather man and plac-
ng him where he couldn't change
weather if he wanted to. Those
n charge of the arrangements say
will be the greatest state society
affair ever held in Arizona if not in
the entire southwest. There are
those optimistic enough to predict
thab there will be no less than 1,000
merrymakers at the picnic grounds.
Transportation is now the most
important feature of the affair re
quiring attention. It is planned to
send out the first busses from the
Hotel Adams at 9 o'clock. From then
on at intervals until 11 o'clock other
irsses will depart until all who wish
to go have been accommodated. For
the children large hayracks have
been provided and the little ones will
have the most enjoyable free rides of
The automobiles running under the
irection of the committee of the
society will be gaily decorated in the
national colors with a liberal appli
cation of Illinois pennants. Those
who travel to the picnic grounds in
their own autos are urged to decor
ate their cars in the same manner.
At the grounds there will be plenty
oing all day. There will be a good
musical program, several speeches,
an original poem read by Andrew
Downing and the singing of "Illi
nois" by the entire assemblage. At
the roll call of counties it is hoped
that none will be found not repre
The Hieroglyphic Rocks are just
six miles due south of the city on
Central avenue. This should be suf
ficient information for those who
have never visited the historic spot,
but for fear that some may lose their
way the entire road will be marked.
The road the whole distance is in
excellent shape. The round trip fare
n the society conveyances has been
fixed at fifty cents which is 'about
as low as has ever been fixed for
such a delightful trip. The first bus
returning will leave the grounds at 3
o'clock in the afternoon.
Announcement is made that every
body should take well filled lunch
baskets and those traveling in their
own autos are urged to take along
canteens filled with drinking water.
No food will be offered for sale at
the picnic grounds, although the so
ciety will furnish free coffee, tea and
GREAT IRISH PROGRAM
FOR ST. PATRICK'S DAY
The First Regiment band, on St.
latrick's day, will give a concert at
both the Ford and the Adams Hotels.
At the former, on the balcony, from
i to I p. in. and on the Mezzinine
floor of the Adams from 8:10 to 8:45
p. m. The concert will consist en
tirely of Irish selections and song3,
the famous old songs as well as the
modern popular ones. The band will
be assisted by Miss Genevieve Mur
phy and Dr. Mac Jones. The pro
gramme is as follows:
Ford Hotel Balcony
March. "Irish Regiment" L. O. De
Medley. overture, "Sounds from
Ireland," W. Bendix.
Vocal soprano solo, "Come Back
to Erin," Miss Genevieve Murphy
accompanied by band.
Song, "I've Got the Rings on My
Selection, "The Isle of Dreams," E.
Vocal baritone solo, "Wearing of
the Green," Dr. Mac Jones, accom
panied bv band.
Descriptlce piece, "Racket at Gilli-
gan's," L. V. De Witt.
Synopsis: "The Gathering of the
Guests," "The Host Sings a Song,1
"An Old Country Dance," the star
singer of the party sings a song fol
lowed by his sweetheart, who sings
a "Come-all-ye," accompanied by all
the old ladies, "The Bagpipes Strike
Up," "Are yes all ready," "Yls," 'Thin
fire away!" A regular "Welt the
Floor," "Slip Time," a sand jig by
the ladies' man; finale, "Patrick's
Day in the Morning."
March, "The New Tipperary," Ful
The band will form in line in front
of the Ford and will play on the
march "Irish Airs," by D. Wiegand.
Pand marches, playing, to the Adams,
Program on Mezzanine Floor of the
Vocal solo, a. "My Wild Irish
Rose," Chauncey Olcott; b, "Killar
rey," Miss Murphy, accompanied by
Selection, "Irish Artist," Thomas
Cornet solo, "The Last Rose of
Summer," soloist. F. Rodriguez.
Vocal, basso solo, "Where the River
Shannon Flows," J. J. Russell, Dr.
Mac Jones, accompanied by band.
March, "The New Tipperary."
FATAL AUTO CRASH
associated press dispatch
LOS ANGELES, March 12. Miss
Dorothy Brobant was killed, Fred W.
Coon, fataly injured, and Mrs. Laura
H. Smith, of Pasadena seriously hurt
tonight when a street car struck and
wrecked the machine in which they
were riding. Coon attempted to cross
the tracks, from a side street In front
of the car.
IT HERE BEFORE
Brown and Curry Meetings
Are Breaking All Records
for Attendance and In-
terest Two Thousand:
Present Last Night
Religious workers who have been at
tend in.; protracted efforts and revival
meetings, and camp meetings in the ;
Salt River Valley for years declare
there has never been anything like the
interest that is being taken by Ihe
people in the present big union meet
ings that are being held by Brown anJ
Curry in the grea,t aduitorium that has
been converted from a skating rink.
Fully two thousand crowded the erti-
fice last night to hear the message of
the preacher on the topic "Soul Win
ning" based upon the scripture "One
thing thou lackest."
It was a powerful sermon .veil de
livered and attracted some forty or
more people to the altar at the close
of the service. The attractions of the
evening were increased in a large meas
ur by the splendid singing of the chor
us, and the solo, "I shall be satisfied"
sung by Prof. Curry. The services for
today contemplate the morning ser
mon from ten to eleven and the mass
meeting in the evening. The students
of the High School will attend in a
body at the evening service, and a spe
cial section has been , arranged for
Bullseyes By Brown .
We sit here nearer a Christless grave
than we have ever been before.
I want to appeal to your intelligence
as a brave man.
You never take a braver step in all
your life than when you walk down
the isle to crown Christ.
We applaude men for a thousand
things, less than walking down the isle
and crowning Christ as King of our
We all have to go back and come
down with the simplicity 'of a child
before we can crown Christ as King
of our souls.
We should make preparation to
stand in God's presence because the
time will surely come when we will
certainly have to stand in his presence.
We are going and God is coming and
some of these days you will stand in
If the call should come tonight, how
many of you could say I am ready.
I do not know when the call will
come, but I do know the happy way is
to be prepared when the call comes.
You ought to prepare to meet God,
because through an infinate way God
has provided a way.
I don't know the meaning of the
cross, if it don't mean that Jesus Christ
laid down his life for the sins of men.
The cross is the one fact that the
devil would sweep out of existence, and
if you are saved it will be through the
blood of Jesus Christ.
He that believeth on the Son hath
If you treat a horse kindly that horse
will be kind to you, if you treat a dog
kindly, he will be devoted to you, and
I've got to treat Jesus Christ kindly to
get out from under the brute creation.
There is a part of a scripture upon
which all agree, it is appointed unto
man once to die. But after death there
what! The judgment.
Jesus Christ says if you reject me
here, I'll have to reject you yonder.
In that awful hour what do you
want Jesus Christ to do for you, do
you want Him to confess you yon
der? Then confess Him here.
FOR BURTAL MURDER
associated press dispatch!
CLEVELAND, March 12. The police
tonight preferred charges of first de
gree murder against Srank Sticka, ar
rested today in connection with the
killing of Mrs. Anna Podogil. Sticka,
they said, confessed. Sticka's father
informed the police that his son is in
sane, and that the prisoner's dead
mother was formerly an inmate of an
The killing of Mrs. Podogil, the eld
erly housekeeper of the elder Sticka
was brutal. She was tied to a bed-post
on Wednesday, and slowly hacked to
death. A policeman passing the house
today heard her scream, and rescued
her, but she died shortly after being
removed to the hospital. There were
thirty-five hatchet wounds on her
SEVEN MORE BODIES FOUND
ASSOCIATED PRESS DISPATCHl
ST. LOUIS. March 12. Beven bod- 1
ies were recovered from, the ruins I
of the Missouri Athletic club today, (
making a total of seventeen recov
ered. It is believed the death toll j
will be thirty. j
TEXANS LYNCH NEGRO
ASSOCIATED PRESS DISPATCH
HEARNE, Texas, March 12. Wil
liam Williams, a negro, charged with
shooting and wounding J. R. Robert
son, a plantation owner, near here to
day, was captured by a posse of citi
zens tonight and hanged. Robertson
will probably recover.
TOO LATE TO CLASSIFY
FOR RENT Mmlern apartment, 4
rooms, well furnished, screened sleep- j
ing porch, summer rates; close in.
Inquire 222 W. Adams. Phone CG8. 3t
"I Should Worry"
The above title offers an excellent
explanation of what took place at
the Empress last night. The new
bill was received with no little
amount of favor. For a lig'hlt
comedy affair, without plot, it really
deserves the best of consideration.
Everyone enjoyed the show from
start to finish. It is one of those
sidesplitting conglomerations of wit,
in which Claude Kelly has a most
a il VJ n til crnrkii u miciti.n nml ant'fii'P it
to say that he is on the job every
moment. Claude is doing blackface,
and judging from the results ob
tained, the same must be his favor
ite character. The musical part of
the performance was as usual ex-
cellently handled. As a grouch cure
fills all desires.
"I Should Worry"
Commencing Saturday and con
tinuing for three days, the manage
ment of the Coliseum offers as a
special attraction, the much-talked
of motion pictures, "The Adventures
of Kathlyn." Kathlyn, as she is
commonly called is Miss Kathlyn
Williams, the well-known star of the
Selig company, and whose face is
familiar to nearly every movie fan.
Miss Williams has long since estab
lished a most enviable reputation as
an actress, and also for the many
dare-devil features accomplished by
her in many of the Selig company's
feature films. This particular mo
tion picture embraces thirteen reels
in all, and is doubtless the most ex
pensive product of the studios yet
offered to the public. It is so much
in demand that the General Film
Company, booking the picture, will
not allow any one house the ex
clusive use of it, and as arranged
the first three reels will be shown
at the Coliseum. One of. its many
features is the large menagerie
owned by Mr. Selig, which is much
in evidence during the many scenes
which take place.
The attraction at the Lion theater
for today and tomorrow is one of
such magnitude that it commands
admiration for the master mind that
conceived and executed such a world -famous
masterpiece. "The Last Days
of Pompeii" is truly the greatest
spectacle that has ever been put into
film form and one cannot afford to
miss it. It runs for two days only
I and then the regular run of "Mutual
Movies" will be resumed. A program
is announced for Sunday that has
all previous -Sunday offerings backed
clear into the shade, the feature oi
which is a two-reel Keystone Kom
edy Knockout, thirty-five minutes of
solid laughter, entitled "In the
Clutches of a Gang."
"Last D.iys of Pompeii"
Mr. George Kleine. whose name has
become a household world all over
this country since he first launched
his marvelous photo-drama produc
tion of "Quo Vadis." is also sponsor
for the beautiful six-part photo-drama,
"The Last Days of Pompeii,"
which is shown today and tomorrow
at the Lion theater.
The pathetic, yet hopeless, love
story of the lovely blind flower firl
Nydia is related in pictorial detail
and finds a sympathetic response in
every heart. All the wondrous beau
ties of the ancient city of Pompeii
and its thrilling surroundings, so
thrillingly described in Bulwer's nov
el, are shown upon the screen and
comprise a series of pictures that
are a delight to the eye at all times.
"The Last Days of Pompeii," as pro- j
duced by Mr. Kleine ranks among I
the big photo-drama achievements of I
the ase. - j
The performance begins at 10 a. m.
and it will be more comfortable at
the day shows on account of the I
crowds at night.
The Lubin Company has obtained a
new star and a new beauty in the per-
son of Louise Huff, who plays the
leading role in "Treasures on Earth",
a two-part feature which tells a pow
erful story in a dramatic way. The
Pathe Weekly, showing Henry Ford
the wealthy auto manufacturer, who
has just divided up $10,000,000 profits
on his business with his employees, is
another feature while Anita Stewart,
In a Vitagrnjih, completes the bill.
Last Days of Pompeii
Owing to the limited seating ca
pacity of the Lion theater, it is ad
visable for those who can to attend
the day performances, which will be
gin at 10 a. m. Friday and Saturday.
Hire a little salesman at The Re
publican office. A Want Ad will see
more customers than you can.
Stupendous Roman Arena Scene
For beauty, charm and refinement
of idea it would be hard to surpass
George Kleine's photo drama produc
tion of the "Last Days of Pompeii,"
adapted from Lord Iiulwer Lytton's
novel. Produced in Italy,
these pictures bear the masterly ar
tistic stamp that characterizes the
foreign productions and are revela
tions in photographic skill and beauty.
Mr. Kleine has practically avoided the
sensntionally melodramatic note and
has emphasized the idyllic qualities. "Keeping a Great City Clean," is in
The pathetic and hopeless love story i teresting as well as instructive, while
of the blind flower girl, Nydia, Is, "The Troubled Turk," offers enough
nevertheless, related with the utmost
fidelity and holds the rapt attention
of the spectator from beginning to
"The Madonna of the Slums," i
the title of the two-reel feature of
feied, giving last runs, today at Re- j hit further toward the hall of fame in
gale Theater, 210-212 East Washing- 1 theatrical circles, and incidentally fur
ton street. There is a wonderful nished some excellent amusement for
heart story worked into actual scenes : the regular patrons of that play house,
in New York's tenement and tender- It is Fritz Fieldman to a degree. Humo-
in the Magnificent Production of "The Last Days of Pompeii," at the Lion
loin -districts. It is that class of pie-
tare that leaves an impression and
works for good in that it gives a ( strel number that is just some better
better idea of the conditions under j than anything the little dynamo has
w hich the unfortunate poor of a big put on here. That is going some. She
city exist. And "The Madonna" i stopped the show last night with her
brings sunshine into the darkest cor- j inimitable dance in the costume of the
ners of the reeking districts. No ! minstrel star of a decade ago. The
person can afford to miss this par- ' performance is good, the music is ex
ticiilar picture. "Dark Feather's Sac- cellent and the comedy refined and full
r:'flce," is a Nestor Indian drama that
j holds the closest interest throughout.
comedy to ser.J the audience away
j lighthearted. This is one of the best
bills the Regale has been privileged
to offer its patrons in some time.
"Whos' Baby Are You," at the Savoy
last night carried the name of Fields a
SwiTI! r-fl V V IT LSI i
rous full of music and to add a cap
, sheaf, Hazel Lake appears in a min-
to the brim of all that makes the tab-
! loid worth having.
Manager A. R. Cavaness has re-
a brand new Wur-
litzer piano, one tf the latest models,
and generally conceded to be one of
the handsomest and best theatrical
musical instruments ever seen or
heard in Phoenix. It drew more new
j faces to the Plaza yesterday than
' have been seen there for some time.
The feature picture today is "The
Vampire of the Desert," a wonderful
Vitagraph picture of a bewitching
sorceress. A western drama is also
on the bill.
Theater Today and Tomorrow