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TOMBSTONE EPITAPH- REPPT 4; PEOK, Publishers. Fourth Stwef, between Fremont and Allen Tombstone, Cochise Connty, Arizona. Subscription, one year $4 co tNTEWO IN THI fOJT OFFICE A) JtCOND-ClASJ MATTER. OFFICIAL PAPER OF COCHISE COUNTY The action of the Board of Super visors in making the Epitaph the official paper of the county, meets with very general approval especially so in the Epitaph office. An "Old Hassayamper" is defined to be a man who will neither work himself nor allow anyone else to work. Until such barnacles lose their influence, Mar icopa County will never experience those prosperous times which the magnificent county warrants. The Lordsburg, N. M., people know the value of advertising. In order to locate a newspaper thete, they gave Barnes, the editor, three town lots, took a whole page advertisement for a year, and subscribed for 600 copies for the same length of time. Col. C. P. Sykes, of Calabasas, once a mining operator, has been arrested in New York, on a charge of selling Gilbert D. Lamb, 400 shares of the Arizona Cattle and Improvement Company, for $i,oco on the false representation that the stock was valuable. Some time ago, Commissioner Sparks made a ruling to the effect that married women could not make a desert land entry. He attempted to support this position by an argument, the substance of which was that the provision of the faw which forbade a man to, make more than one desert entry would be nullified by allowing his wife to make one also. Mr. Sparks overlooked the strong and rapid tendency of recent years to abolish the common law relations of husband and wife, which has already gone so far, in all or nearly all of the States of the Union'as to entirely separate the wife from her husband in her right to hold and control an estate. Secretary Lamar has overruled Sparks' decision, and the making of desert entries by married women, that has been for some time suspended, mav now be resumed. The Epitaph does not belong to that narrow-minded class which delights in the misfortune or downfall of a business rival, and for this reason the Prospector has our sincerest sympathy in this its hour of tribulation. We have sub stantially shown our friendship by loan ing the publishers paper and ink at various times (which, by the way, has never been returned.) This is nothing, and we freely forgive them the amount. And yet we cannot too severely condemn their course in running hopelessly in debt to their printers, whom, we are re liably informed, they owe from $35 to $140 each. The money is due them; they have made repeated demands for it, and they should have it. It is a doc trine as old as the hills, that "the laborer is worthy of his hire," and a business that cannot pay its workmen should shut down. There isn't the least particle of malice or unkindly feelmg in these re marks, for as far as the Prospector is concerned, it occupies a field which does not in the least interfere with the Epitaph. In fact, it is to our interest that it should continue to occupy that field. But we do hope, for the sake of the printers, who have a hard enough time of it anyway, that they will be able to rustle the mnnev and pav the boys up. THE DIFFERENCE. Tombstone, near the gteat Continental divide, may be properly called the mid dle ground between the East and the West. Here during the early days flocked men from Nevada and California as well as from Colorado, Texas and other States east of the Rockies. There was always a certain degree of rivalry existing between fhe Pacific Slopers and the Eastern men, and the superiority of each often still remains a disputed ques tion. If there is one thing more than another upon which the Sloper prides himself, it is his open-handed liberality, and he scorns what he calls the close fisted Yankee ways of the Eastern man. In order to settle a long-disputed point, the Epitaph took occasion re cently to notice the peculiatities of the people from each section in this respect. In number they are about equally di vided in Tombstone. In a certain block in this city there live on one side of the street seven Pacific, coastsrs, and on the opposite side of the street the same number of people from the effete East. On each side there is one copy of the Epitaph taken, and it is handed from one house to another until all have pe rused the words of wisdom in its neatly printed columns). They follow its pre cepts and it makes them better people. Thus is the influence of a truly good nespaper felt both E 1st and West. Hut here comes in the difference: The E ist ern ieoplechip in 5 rents apiece mak ing 35 cents and py for the piper each month, while the Slopers let one man pay for it all, and he generally stands you off. Yes, when it comes down to open handed liberality, all must admit that the Coaster carries off the palm, and that it is only in the wild free West that the doctrine of meum et tuum is properly understood. When we have made a fortune, e shall srek some other pi ice, where each man takes his local paper and pays Lt it in advance, where the newsboys fly around with bundles of papers under their wings and shout, "Here's your Heavenly Messenger; all about the hang ing of the Chicago Anarchists." We shall never meet any of our delinquent subscribers there that's one consolation. SAD ACCIDBNT-TWO MEN BLOWN UP. One of the most melancholy affairs it has ever been the Epitaph's sad duty to chronicle, occurred on Wednesday morning last on Dusenbury Avenue, ad joining the hoisting works of the Cow boy Chief mine. It is a well known fact that the boilers had been frequently con demned, and hence the action of two of our most respected citizens, John John son and Jimmy Jimmerson, in passing by these works, while on their way home from the Lodge at 2 o'clock in the morn ing, can be characterized as little other than foolhardy. But (here had been exciting work in the seventeenth degree, and the nerves of the unfortunate vic tims were strained to the utmost tension, rendering them incapable of realizing their danger. Their residences were adjoining, but a few steps from the noisting works. Poor men! They had been standing for several minutes upon their doorsteps vainly endeavoring to unlatch their doors with match or tooth pick, when a low rumbling sound, such as precedes an earthquake, was heard. Then came a crash and a jar. And if ever two men were successfully blown up, it was them. Their wives had been waiting for them for two hours or more. Oh, how the men do suffer on the frontier 1 TERRITORIAL NEWS. The expense in connection with the insane asylum is about $1,600 per month, this includes salaries and all other ex penses. The number of inmates avera ges about sixty-five. Last Thursday some Mexicans sinking an open well two miles south of the town of Yuma, struck a stream ef water which shot out of the top of the well. There has been a continuous flow ever since, the body of water rising three feet above the surface of the well. The water is coming out in such a large volume that it is in undating the suirounding country. The Territorial Fair Association has offered a prize of $200 for a series of base ball games to be played during the fair week (17th to the 22d of October.) Entrance has been fixed at $10. Club winning most games to get the money. El raso is to be made a ten com pany post and the people are jubilant thereat. A company with a million proposes to improve Gila Bend. H. Bucksbaum, county recorder of Mohave county, has absconded. Six in dictments were found against him by the late grand jury for forgery and raising county warrants, amounting, it is said, to several thousand dollars, Now that Bucksbaum has gone, t'ie Democracy will have to get a new lead er in this county. Mohave Miner. The train going east was held up at Navajo Spring.- on the night of the 16 li inst. on the A. & P. road by five masked men, who went through the express and baggage cars whi'e the train was stand ing at the water tank. Recent developments tend to show that the county of Mohave has been sys tematically robbed during the last four years, if not for a longer peried. PEESONAL MENTION. United States Marshal W. K. Meade and wife are now settled at the San Xavier, Tucson. Dr. A. J. Chandler, Territorial Veter narian, and C. M. Bruce, Chairmin ofihe Sanitary Board, are at the Occidental. Mr. and Mrs. Geo. W. Cheyney, with their children, returned Tuesday from California. They were detained several days in Tucson, by washouts. Hon. Jas. A. Bayard, Territorial Sec retary, with his wife and child, has gone East on a visit. They were accompanied by Mrs. Governor Zulick and daughter. Professor Geo. A. Metcalf, principal of the Tombstone public schools, has be come the proud father ef a bouncing boy, the happy event taking place at Santa Barbara on the l6ih inst. Mother and child doing well. Wm. Garland of Yavapai county, has been awarded the contract for building 550 miles of road on the Mexican National road, which is in course of construction between Tres Piedras, Texas, and the City of Mexico. Ben Goodrich, Esq., is in the city. It is to be hoped he will reconsider his de termination to move to Phenix, as he has a host of friends here who will mis him, while the old Hassayampers on the raging Salt apparently do not know how to appreciate a good man. The marriage of John Caley of Los Angeles, and Mis Georgia E. Russell, was solemnized it the residence of the bride's tmther, no Turk street, San 1 Francisco, on the evening of the 12 h inst. The Rev Dr. Jenks officiattd. Congratulations f llowtd the ceremon, and then came mu-ic and dancing and the wedding sui'p-r, which prolonged the gayetics until a late hour. Among those present were, Mr. and Mrs. D. F, Fiik, Los Gams; S. Smith, Alleghan . Pa.; J. Cooper, Phenix, A. T.; Mrs. R. L. Chase, Miss A. Smith, and Mi-b Nellie Chase, San Francisco. The happy couple left for their future home in Los Angeles. The Crystal Palace saloon has passed into the hands of Dick Clark, which is a sufficient guarantee that it will be run on the dead square. TOMBSTONE EPITAPH: TOMBSTONE, AEIZONA, SATURDAY, OCTOBER 1, MOUNTAIN MAID. THE DECISION AGAINST HER. The Supreme Court of Arkona Holds the Tomb- ston- Townsite Patent to Bo Paramount to the Patent to the Mountain Mad Mine. Knowing that the most important sub j ct now bef ne the people of this city is the laic d cisinn of the bupreme Court in the Moun'.tm Mr.id cases, the EPI TAPH congratulates itself upon being the lira papei in he Territory to publish the coii.pl te uxt of the decision. There were three cases carried up from Cochise county on appeal, namely James Reilly vb Ilciioni lilackinnre, fames Reilly vs. G ori G. Berry, and the Mountain Maid Mn.mg company -. James Reilly, which wire levievved by the Supreme Court at theadjou ned January term, 1887. Fol ing is tne decision: The question presented in these cases is between a title derived from the Tomb stone townsite patent and that derived from a patent to the Mountain Maid min ing claim. The da e of entry of the townsite is April 9, 1880; the mining pat ent was dated August 15, 1882. Febru ary 25, 1879, there was filed a notice of location of the Mountain Maid mine. This notice is so uncertain ih.it the land claimed cinnot be identified. It is aided by no evidence whatever. November 20, 1880, the record was amended, and on August 15, 1882, a patent was issued to the land described in the amendment. This amendment was after the entry of the townsite. The mining title cannot be superior to the townsite title unless the location earlier than the townsite be held to have fixed the title. A location of a mining claim, to fix the title as against atter acquired rights by entry and patent, should be sufficiently clear to designate the gtound claimed, and should be marked on the ground by monuments showing the extent of possession. If the location on its face be uncertain, the un certainty could be aided by evidence of the possession or of monuments, but a location notice on its face uncertain and without evidence of what land was occu pied cannot be evidence for any purpose. An amendment afterwards made de scribing different land, or making certain what was uncertain, cannot revert back to the original defective location. The entry of the townsite intervening after the first location and before the amend ment must be prior in right as it is prior in time. If this were not so it would open the door to great wrongs. A per son might locate a mining claim, and by doing $100 worth of work annually, lie still and permit title to be acquired from a townsite, buildings to be erected, thous ands of dollar- to be spent, and then ap ply for a patmt, amend his record, and Srt'ing his claim around so as to include the inns valuable improvements, and and hoi I the same under his minu.g claim; and ti.err is no limit to .he time ne nnghi wait. It would be monstious to tn e that coniiuuiun to the mining act of 1872 and lue lownslie act as tvnulii mauc such a result possible. A lownslie entry up n land n l kn wn to oe mineral Ian 1 at the ti oe of entrj is prior t -my ifter arquned mining claim. (Diff n ).ak Vs. Hawke, 115 U S.,392) Wc have rev eed with care the Butie City Smoki House lod cues, 12 Paufic Repoit r, 858, and King vs. 1 hum. is, lb. 845. Wc i.oncur null these cases in hoiuing tli a all mines, mining claim-and posscs-io is held under existing laws ao excluded from the Urm of a townsite patent, th.t a mining claim located be fore the townsite entry is paramoun thereto. We al-o go so far as to say that lands upon which is any mine of gold, silver, cinnabar or copper, or known to be such mineral lands at the time of a townsite entry, are not included in such townsite entry. If those cases are to be construed as holding, if minerals shall be discovered in lands conveyed by a town- site patent after the patent, ard located as such, that such after discovery and location becomes paramount to a town -site patent, and takes such lands out from the operation of such patent, we do not concur with them. The question does not arise in the Smoke House cases. In the King case there is some doubt as to whether this question is passed upon. The Court in that case properly held that whether the lands were as a matter of fact mineral lands is res adjudicated by the patent to the mining claim. They hold that the Silver King was a valid mining claim at the time of the issuing of the townsite patent. This view of these cases will meet approb-ttion, and clearly states the law as we understand it. The case before us, however, seeks to apply the principle to an invalid mining claim prior to the lownsiie patent, and without proof that any mine existed prior to the tunmitr- eo'.iy, or that the lands were know 11 t contain mineral veins or deposit-, or tint there was any possession un der exisnng laws This is a very differ ent quts ion. To hold ih it every pur c'ia er of a lot undi r a townsite pateni ami who 1 nets valuable imprnvemmis eieoniver afirr ie-ts upon the preci rio i ch.iiici of hiving hi- title and pos- s-ssi n n i 'l il by ihe dl-cveiy ol inn ri s si fftc ni in amount '11 susuin . 111 '.in rl 1 's iniiher ihan e ran j-n. I'hf Sipr m- C mn in Ihe Deffenlck c 1 v s" o- 111 li ive hail hi- in mind ami 11 hav iec iltd fr m it, andiruy go no in h r ihan to ho d tht "a li le to k-iiiwo m n -r il I ind inno' he acquired unrl r ilir- 11 wn-i t- 1 w " We therefore hold thai ihe !' mh-tone tiovnsite patent is ntri'ivunt 'o ih uoen' 10 the M un 'ain M ud mine. Tv j 1 1 r oe its are af finned. W it. llAKNES, ss iciate. Jas. H Wright, Chief Justice. Gregory's restaurant is taking a place in the front rank. F. N. Wolcott's Cash Store is now ready for business at the new location in the Otis building, on Fremont street, near the Postoffice. The choicest and freshest groceries at the lowest cash prices. Notice On and after April 1st, weekly ice tick ets will be sold for $1 and upwards. Ice o weekly customers will not be delivered without ttckets. tf. Southwestern Ice Co. Wolcott buys and sells for cash nnd hence cannot he undersold. New Store. Paul Bahn is offering to the people of Tombstone and the county in general, some of the best bargains in groceries and liquors ever offered in this county. Hi- stock is new fresh and desirable canned goods, wines, candles, in fact every thing sold in a first class grocery store is being sold by him at Fairbank prices.' tf. ... We are now prepared to draw drafts direct, issue letters of credit, and transfer money by mail, and cable, on all points of Europe Ah, Africa and Australia. R. W. Wood. Cashier Bank of Tombstone Mineral Surveyor. U. S, Deputy Mineral Surveyor and City Engineer, surveys, maps and reports on mines a specialty. All work per formed at reasonable prices. Land surveys and applications made promptly. Best of references given. H. B. Maxson, Office 316 Fifth St. Tombstone, Ariz. . . Hicks & Walker are furnishing the trade with a superior article of soda and sarsaparilla. They are also importers of all kinds of mineral water. Occidental Hotel This is the only first-classhotel in Tombstone. It is handsomely furnished with all modern improvements. Trav elers who stop at this house will find every comfort and attention. Private rooms for commercial travelers at reason able rates. A splendid billiard table and a card room. The bar is supplied with pure brands of wines, liquors and dears tt OFFICIAL DIRECTORY. territorial officers. Governor C M. ZuxiCK Secretary Jamfs A. Bayard. Auditor J. J. Hawkins. Attorney General-- RiGGS GOODRICH. Suneyor General John A. Hise. Treasurer C. B. toSTtR. Superintendent of Public Instruction C. M. Strauss. Delegate to Congress M. A. Smith. Superintendent of Territorial Prison Thos. Gates. SUPREME COURT. Chief Justice James H. Wright. Associate Justices W. W. Porter, W. H. Barnes. DISTRICT COURT. First Judicial District W H. Barnes. f-ccondJuilHal District W. VV. Porter. Third Judicial District J. H. WRIGHT. UNITED STATES OFFICERS. United States Marshal W. K. Meade. Unacd atacs Attorney Owen J. RerjSE. TUCSON LAND OFFICE. ReMis'er A. D. Duff. Receiver Fred. W. Smith. CUSTOMS OFFICERS. Tucion J B Hambletok. Tumhst 'lie V. u W ILSON. Nogales J. M Wilson. COUNTY OFFICERS. Supervisors David Cohn, Chairman; F. L. Moore and T. J. White, Members. Slienft J. H. Slaughter. Under Sheriff K. A. slIATTUCK. Treasurer . J. Kittek. Recorder W. F. Bradley. District Attorney A. R. ENGLISH. Probate J uJgeK. R. Monk. Clerk D strict Court G. H. DAILY. Suiejo H.G. Howe. Public Administrator J. A. KOSKA. Assessor Jamls B. Hennessy. CITY OFFICERS. Mayor Charles N. Thomas. rhief nf Pr, iVp CI W Oaig Treasurer j. L. MtLGREN. I City Attorney )AMh.s Reilly. x Auditor and Recorder M. G. Crowley. ity ssessor 1. w, LHPMN. City Engineer H. B. Maxson. Councilmen First Ward, H. E. Lea; Sec ond vVard, Jos. ippert; Third Ward, G. R. Watt; Fourth Ward, a. C. Bagg YOUR CATARRH Can lao Cured. THE OarMc Smoke Ball Ib INFALLIBLE! Ask Your Druggist For It! ASTH9IA KclloToil In Frro Minutes HAY FEVER. CureQuaianteed. If Taken In Time, DEAF.VESS Cured lu Three to Mix Months, ies . , ... . - mm iiiiiiucna, vroup, neural gla, lie mlaclic Sore liiront Speedily Cured. Invaluable Remedy! Patented April, 188& 3-SET BY MA1X.-BS Price of Treatment, S3 00: (Smoko BalLUOO; Debeltator.for ftnvTOal 1IA Ol fV 1 un,tiiM WOO, t7i.,VV. CARBOLIC SMOKE BALL CO. 652 Market SL, San Francisco, Cal. Beware of Hnrtftil Imitations. MARLIN REPEATING RIFLE Onaran teed rerfeotly aa BEST IN THI curate and fthiolut.lv WORLD! safe. Hade In all tlies for lazre or small frame. BALLARD c"tJl llunttnc and Tarcet nines. Bend for Hlu.tl.AtAd f)tTn..j. Uitrlin Fire Arm Co., NewliaYen, Conn. $250 Reward. The above reward will be paid for the arrest and conviction of any person or persons unlawfully handling any of my stock. Brand H 0 on left hip. E. W. HA89ELQREN. Charleston.A.T. jel2-ly IW f-A V BALIi VI vmr Ms Sol Israel's CIRCULATING LIBRARY Contains the Following NEW BOOKS. Muhlbach's Historical Works. Life of Franklin. Greville's Reign of George IV. Greville's Reign ol Qui en Victoria. Greville's Dasita's Daughter. Greville's Cleopatra. Life of Gladstone. The Religious Aspect of Philosophy. Blaine's Twenty Years in Congress. Grant's Memoirs. Tilden's Speeches I-ogan's Memo'rs. Pioneer Times of California. Porter's Incidents of the Civil War. Mrs. Custer's Boots and Saddles, Government Reform. U. S. Civil Service Reform. Henry George's Sochi Prob'ems. Henry George's Piotection and Free Trade. Williams' Middle Kingdom. Mark Twain's Innocents Abroad. Mark Twain's Roughing it. Mark Twain's Tom Sawyer. Ma k Twain's Prince and Pauper. Mark Twain's Life on the Mississippi. Mark Twain's Huckleberry Finn. Sazarac Lying Club. Waverly Novels. Miss Cleveland's Book. Bret Hart's Maraja. Bret Hart's Snow-Bound at Eagles. Bret Hart's Shore and Ledge. Bret Hart's Luck of Roaring Cauip. Lovell's Fireside Travels. Howell's Indian Summer. Howell's Rise of Silas Lapham. Howell's "A Woman's Reason." Howell's "The Minister's Charge." Marion Crawford's Mr. Isaacs. Marion Crawford's American Politician. Marion Crawford's Zoroaster. Marion Crawford's Tale of a Lonely Parish. Lew Wallace's Fair God. Lew Wallace's Ben Hur. Henry James" Princess Casamassima. Maude Howe's San Rosario Ranch. Craddock's Prophet of the Great Smoky Moun tains. CradJock's In the Clouds. Mrs. Burnett's Throuah One Administration. Stockton's Tne Late Mrs. N'ull. Hammond's Lai. Helen Campbe l's Mr; Herndon's Income. Howard's One Summer. Mrs. Ward's "Mis Brotherton." Helen Jackson.S Z ph. Robert Grant's Knave of Hearts. Carey's For Lil a . Mrs. Djhlgre.i'b Lot Name. Thompson's Love Extreme. Green's Hand and Ring. Howe's Moonlight oy. Hardy's Wind of Destiny. Rose Terry Cook's Sphinx Children. McCielland's Oblivion. Jewett' Country Doctor. Pendleton's Convcitionil Bohemian. Mary Fojte's John Bodewiu's Testimon). Hami'lon's One of the Duanes. Keenan's Trajan. S O. Jewell's A Marsh Island. Baylor's On Both Sides. Purine's Wayside Gleamings. Story's Fiammett3. Van Vort's Without a Compass. Hay's Story of Margaret Kent. Aldrich's Marjone Daw. Wtndel's Rankels Remains. Wendel's Duchess Remains. The New King Arthur. Astor's Valentine. Edna Lyail's Donovan. Sheldon's Salammbo. Valera's Pepita Xmenez, Balzac's Ducheise De Langease. Balzac's Pere Goriat, Balzac's Cousin Pons. Feuillet'sAlliette. Zola's L'Assommoir. Mrs. Wister's Lady with the Rubies. Mrs. Wister's Violetta. Manzom's The Betrothed. Arthur's W'ndow Curtains. Gardening for Pleasure, A Romantic Young Ladv. Lusk's As it was Written. Lusk's Mrs. Paixada. Stinte's Buchholz Family. Comstock's Frauds Exposed. Next Door. King's The Colonel's Daughter, King's Marion's Faith. Louisa Alcott's Little Men. Louisa Alcott's "Jo's Hoys." Subscription for the Above Books, SI-FER MO NTH-SI Or 25cts per Copy. Any late broks dsred will be added to the Library witout extra charge. J 1887. BIGGEST IN DRY GOODS, ETC., To be Had Only at PALACESTORE FIFTH ST., BET. FREMONT AND ALLEN. JOSEPtfHOEFLER, DEALER IN General Merchandise TENTS, WAGON COVERS. MINING SUPPLIES, ETC. Corner of Fifth and Fremont Streets. A. GOHN & BRO. CIGARS, TOBACCOS Cutlery, Stationery and SMOKERS' ARTICLES. MPORTED CIGARS Constantly v Hanb. MEERSCHAUM AND AMBER GOOD toll Agents for the "SLOTE CIGAR.' . OOHN 8c BRO. Allen Street, bet. Fourth and Fifth Pony Saloon, ALLEN STREET. HENRY CAMPBELL, Prop. CHOICE BRANDS OF Liquors and Cigars. St. Louis Lager Beer, English Ale and Porter on draught. or mixed nmK.i a specialty, ta FASHION SALOON, JOHNNY DEAfJ, PROPRIETOR. Allen Street, Between Third and Eourth TOMBSTONE, A. T. FRESHBEER ON DRAUGHT. Pinest Brands of Liquors andOigars The only place in the city where Delmar Punches and Gum Drop Cock tails can be obtained. BILLIARD ROOM IN CONNECTION WITH THE SALOON. BARGAINS THE TRASK HOUSE BENSON, A. T. The best Lodging House in the town. NEAT AND CLEAN. LARGE AND AIRY- STRICT ATTENTION Given to Guests. San Pedro Street, Benson, Arizona. MRS. L S. TRASK. PROPRIETOR. 3". YOiLX-GUE.; Druggist, ALLEN STREET, Between Fourth and Fifth Sts. Patent Medicines, Per fumeries, Toilet Articles PRESCRIPTIONS CAREFULLY PRE PARED. BILLIARD PARLORS ALLEN STREET, HAFFNER & SHAUGHNESSY . All brands of Fine Liquortt Fine Liquors Kept constantly On hand, On Hand, Also the best Imported cigars. Imported Cigars. The best BILLIALD HALL in the city ia connection with the saloon. ST. LOUIS BEER ON DRAGHT. Drugs and Cliemicals