OCR Interpretation

Bisbee daily review. (Bisbee, Ariz.) 1901-1971, November 21, 1912, Image 2

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Persistent link: http://chroniclingamerica.loc.gov/lccn/sn84024827/1912-11-21/ed-1/seq-2/

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A UHM srr-
wmwrrn fwtteTiESEfa&iiS3S!BjiM JjjnJLlJaus&JSS&ittSPsss&i&v
lor court of Cochise county and the .
upruuie court, to which appeal may'
be bad. the validity of the ordinance
can be tested, The remedy ordin
arily for such-cases is tn the ciimlnal
Bltia of the courts and we must pre
sume the courts will declare the law,
and it the ordinance is found to lo
void, go adjudge It"
"The lnappllctfltlllty of the writ of
Injunction to cases of this kind can
1C very forcibly Illustrated by this
case. Had the trial court found the
ordinance alid. It could pronounce
no Judgment ot conviction. The mat
ter would hate to be relegated to the
courts of proper Jurisdiction and the
Issue there triel out. Had tho court
found the ordinance void. Its judg
tnent would become final, but no one
will contend that equity should take
cognizance to declare an ordinance
void and not to declaoe it vaKd.
Should the ordinance be found valid
Upon a lirosqyutlon for Itg violation,
the appefleesTcajj .not complain; no
matter how it may affect their bu
lit&ss. Hit" Is" Invalid that becomes
a(niatterof defense to be Interposed
111 the criminal prosecution."
Injury Does Not Follow '
(b) "The .injury complained of may
or may not follow a prosecution of
appellees, ' 'Should the court trying
the castraedare the ordinance void,
Contention of Agents Is Not
Sustained by the State
Supreme Court in
Its Decision
A 4044-4 f tap decision of the state
saprotMe court In the case of Tlve
City ot Hse. a municipal coritora
ttoii. and HeeL Vatklus, appellants,
ayalsst Ariiotw Insurance Agency,
a eorttorftflba. BMee petfey and L. J.
Overteck ad GwrUMWer. apjwHese,
faas en receletlf by city Attorney
Edw. J Ftanigan The decision U
fected the reversal of the judgment
Of the tower court and the dismissal
of the case.
This is an action of Injunction In-
htituted by apfielloes to restrain the! no considerable Injury would result
"itj of Hisbee and its marshal fr-m j and should It J lud the ordinance val
caforciBg' the terms of an ordinance id and 'inflict- vanishment for its Vlo-
rsqwnagnre insurance agpuis 10 jiation, it wouiu oe penorming a piain
duty and wnne tne result, mignt oe
very Injurious to lh appellees, the
injury would be just what the law In
tends as a punishment for its trans
gression." May Avoid Suits
tci "A multiplicity of suits may
easily &;e-avoided and could not fol
low, unless the appellees, pending tho
determination of the legality of tho
ordinance, choose to ruu the risk, by
repeating their acts. A temporary
susponslon of their business as '.n
surance agents, .during the time re
quired to test 'tile validity of the or-J
dlnance injt.hft.Iuw siues oi me counts
is not as important to them as It
to the general public that the usual
and ordinary "procedure common to
all offenses be followed."
No Property Right
"It might develop In a trial In the
proper courts"' tiiat for an foreign 'n
surance comianpis that have paid to
the state the percentage provided for
in P. S13, It. S "Arizona 1001, have a
property right' fo carry on the bus
iness of Insurance in all parts of the
state, without additional burdens in
the way of licenses on their agent,
yet it can not be that appellees have
a vested property right to transact
their business- -Their agency may be
revoked at any time. They have no
Investment In the insurance business
that may- !e -rained or depreciated.
Their sole stock in trade is the right
to solicit Insurance and collect pre
mlums The law suit loss sustained
by the appellees bv reason or a ces
sation of work timing the time re
quired to test the ordinance in the
proper courts is purely speculative
pay a arterly license before Iran'
b-ictlns; any business and prescribing
penalties for Its -violation." is the
preface to the supreme court opin
ion. The complaint alleges (a) "the lu
valhHty of the ordinance, (b) irre
parable Injury not susceptible ot es
tlraatloB and (c) a multiplicity of
suits." The appellants demurred to
the complaint for insufficiency in that
it shtfws upon Ms face an adequate
remedy at law The opinion of the
high court sustained the demurrer
of the citv attornej.
Validity Not At Issue
The question of the constitution
ality of tho ordinance' was not t,ono
into in the decision however this is
ftill an open question: It is ii.il
known it this issue will be raised
The fact that the Pacific board or
underwriter, of 1-os Angeles, gavo
its financial support to the testing of
the ordiBHn(je. makes It of more than
local importance.
The following excerpts from the
court opinion, handed dqwn by Jus
tice Ross and concurred In by Juv
tices Franklin and Cunningham, are
of intet35t:
Adequate Remedy Given
(a) "An examination of the com
plaint with a view of ascertaining
from its allegations whetlvr it dis
closes that the appellees had an ade
quate remedy at law. is necessary.
For a violation of the terms of the
ordinance the natural course and tne
one provided by law would be the
arrest and trial of tho transgresso.-s
in the municipal courts of the citv o'
Itisbee In that court and the super-
Small Urchin Plays Slot Ma
chine But Finds Winnings
Are Only Dross
Th name thrill that the 'prospector
feels when he drives his pick Into a
reef of jellow gold, that the psycholo
gist feels when he discovers the
cause of an effect, that the scientist
feels when be separates a new kind
of germ from the world of the lesser
life and puts It under the glass, was
experienced yesterday afternoon
when a street urchin, not older than
six, slipped a coin into a slot machine
on Main street and a pocketful cf
brass checks, worth twelve and a half
cents each 'in trade, came pouring
from the ihopper.
A crowd ot men stood around the
cigar counter, talking of the things
that men talk about. The waif slip
ped In between them unknown to
anyone and edged up to the slot ma
chine. He paused as he grasped) "lc
lever. He would lone his all. a five
cent piece, or he would win a for
tune Rockefeller would not be poor
er than he If he lost and lf.be won
Morgan 'would not be richer
"Get away from there" the slot
machine man shouted, horrified at
seeing the joungster so keen a gambl
er. But he yelled too late for the
waif had pulled down the lever and
a hand full of checks came rattling
forth Into Ills eager hands. He pock
eted his fortune and ran away as fait
as his feet would carry him.
Erosion Luset.
In thlrty'-B-e years England has lost
B.C40 acres by erosion hut this hat
been more than mad up by the new
land whlri has formed during that
Candidates in Recent Elec
tion Are Making Proper
Report of Their
Expense Account
A Tense Matter.
Millie 'Was that jour Intended
with whom 1 raw yon yesterday?
Grace "Yes, my present 'future.' so tc
Cautious Stalking Required.
Walter "Well. sir. hoc did vou find
th beef?" Diner "Oh! 1 happen
to shift a potato, and well, there 11
was." Bystander.
In any event, at the end of such liti
gation, they will have their property
the right to solicit insurance un
impaired, save the contingency of
its revocation by their principles The
only loss they are likely to suffer is
the commission on policies that they
might have written in the interim"
PHOKNIX. Nov. 20 Now that
the election Is all over and all that
remains Is for tbs canvassing boards
to pass upon the vote, the candidates
for office from every part of the state
are complying with "tha law and fil
ing with the secretary of Btata
at his office In the stale house, true
and correct reports of tho expenses
incurred by thjein in the conduct of
the campaign. A baity glance shows
that it Isn't alwasthe person who
spends the most money that wins in
While the expense accounts are not
all filed yet a great number of them
are end they present .some Interesting
figures. For Instance the republi
can state committee report showed
that Its receipts ,were ?2.i00 7i,
while the expense given, by Treasurer
Daggs at J2.0C4.2S. leaving a bal
ance on hand ot J42fi.37 or the can
didates on the ticket, -according to
the accounts filed so far Col. Fred S.
Ilreen. or Flagstaff, came off the
easiest, his campaign costing him but
o.w. wane Walter S. Tattot. a icl
low electoral candidate paid $101.20.
Thomas F. Campbell who ran f6r con
gress jld $T02.SU for the dlstins-tlon.
On the democratic side so far but
two of the electoral college candi
dates have filed their expenses, these
are Wiley Jones, who paid out $130.-
io and John It. Hampton, who paid
out $120.00. Of this amount Hamp
ton contributed 100.00 to the state
committee. For congress on this
ticket, Carl Hayden. the successful
candidate expended $GT1. ."..". of which
$100.00 went to the national cam
paign, and 1100.00 to the state com
mittee. The democratic central committee
report shows that they, too, have
money in hand now that the light Is
over. The total nveipts from all
sources for the conduct of the state
campaign as &iven in the sworn
statement Is 51.S0C.S0 while the ex
penditures are $1,252.72 leaving a
balance ot $5o3.7S.
There are still others to be heard
from in the lino of expenses before
it can be learned how- much the cam
paign cost altogether.-
Railroads of State Agree to
emergency Rate on Pro
duct of Northern
PHOKNIX. Nov. 20. Within twen
ty-tour hours the apple grower of
nonnern Arizona will be able to com
pete with California nnd Colorado in
the southern part of the stale. An
emergency rate on apples from points
on me &ania re to points on the Ari
zona t-astern. Southern Pacific and
El Paso and Southwestern, approved
hy the corporation comm.ssion today,
will go Into effect tomorrow.
At present the rates on apples from
shipping points In northern Arizona
to Tucson and other places In tho
south are prohibitive. They are higher
then rates from California to Colo
rado. Consequently, only California
and Colorado apples are consumed In
tho southern part of the state.
Arizona apple growers complained
to the corporation commission, and
the commissioners took the matter up
with the railroad companies. Recently
the companies submitted a basis for
an emergency schedule of rates, lo
go Into effect immediately, and al
low tho Arizona growers to compote
with the growers of other states. The
rates suggested by the railroads are
but little lower than those from Cali
fornia and Colorado, and arc not at all
what the commission would order un
der usual circumstances. Rut an emer
gency schedule Is necessary at this
time. Uy the time the commlss-'on
could make an order and have it pub
lished thirty days, this year's crop
would be moved.
Another Important matter taken up
by the corporation commission is tho
rate on potatoes from northern to
southem Arizona. Ah emergency rale
on potatoes to the same points as the
emergency rates on apples vf.ll soon
be ordered by the commission.
Frank R. Stewart called on Com
missioner F A. Jones this morning
and stated that in the Williamson val
ley there dre 40,000 sacks of potatoes
raised by dry farming methods. The
producers have no market except Pres
cott wlJch is limited, because the
railroad rates are so high. The new'
schedule will enable them to dispose
of this season'b srop at a profit. It
(.will be based on mileage.
i mi
(Continued from Page 1)
ffucfe Towels 10c
Large Iluck Towels, full bleached,
size Ibx3i incb-b, the kinds tha
regularly sell for lJt- each, sale-price-
ib,fireai 13 rSLcg z.-$ttit?m3Mt
The Store That Serves You Best
of Table Linens
V Glass Towels 10c
These are pure linen, and will dry
glassware without leaving lint, sizc
17x31 inches, l'.c kinds for lc each.
The Sale of Table Linens Continues
Their Luster is Like Satin and Their Fineness Will Appeal
to Every Woman Who Loves Beautiful Linens
The necessity of a copious and well-assorted supply of household linen to make good housekeeping possible is too
obvious to require extended comment. The source of supply is another matter. We've made our store the best
source we knowwe've demonstrated that fact sufficiently often for most people lo know it. We sell the
sturdy, sincere linens, that, like good friends, prove their staying qualities by the test of time and wear. Thrift
housekeepers will do well to take advantage of these special sale prices.
j4, afezByRftf
Ten Teams and One Hun
dred Men Now Doing
Preliminary Work
35c Mercerized
Table Damask
H phly Mercerized Ta )!e Damask 'oat ni!l gn
good strvice and retain its laMcr ihrougO
months of wear: "s-lnches wiue in Moral and
dot patterns reir.ilar Sc quali: at 2.c a ard.
75c German
Table Damask
Genuine German bleached Table Damask, good
weight. 7't inches wide, in large floral patterns.
an exceptionally good value at 7c a yard, spc
ctfcH priced at 60c
$1. Bleached J&
Table Damask -
Australian Table Damask, pure linen and of
good heavy quality, frll bleschsd, in a sIendid
assortment of now designs, 70 inches wide,
the qselity that sella for t.W a yard, sale
price 7c.
frp A UT 17 OI7Tc
at Sale Prices
TABLK SETS, consisting of one C'oth
01 inches square, of splendid qual'.ty
bleached damask, 20x20 inches Nap
kins to match, worth ream- -fHl
alariy J7.W per , pe- 'Hsf
ofally priced at
TAItLH SBTS, consisting of one la rue
hemstitched cloth of finest quality
Irish Huen, full bleached, cloth GixSi)
laches: one dozen 20x20 f50
inch Napkins to match, YkiTl
?7.SO valfor fV
TAHL.K' SETS of finest linen, very
superior 'Quality and perfectly gras
Meaohed; cloth la GixSC Inches, one
dosen 22x22 Inch Napkin rj0Q
lo inaiou, ofui rafcuiaru -s m
J8.00. sale price Y J
V rTVTr '.6.'ff' mm ''Jmw' i
$1.25 Irish
Table Damask
Genuine Irish Table Damask. 7 inches nid
double satin finibhed. grass bleached and every
thread pure flax, beautiful new iattcrns, worth
regularly Jl 23 a ard. sale jrice 1 "0
$1.75 Irish
Table Damask
Finest Irish Damask: 72 Inches wide, vvliite as
snovi . b!paehd on the Ir'sh heather, cxquisito
new designs, the qualit that usually sells for
SI 7J per vard. special at $1 40
$2.50 Scotch
Table Linen
Handsomest bleached Scotch Damask, made
from puro flax jams, exceedingly new and
beautiful In design, carefully bleached and fin
Ished, 7J-5nches wide, rejnilarl $2.50 quality,
special at $2 00 n yard
PHObNIX. Nov 20 With ten
teams and a hundred men at work.
the Arizona eastern railway Is push
mg tho construction of its I'hocnl.
shops as (rapidly as possible. The
men on the job are working as fast
as they can, and the results snovvn
already are enormous. This morning
seven cars of material to be used
,n the construction of the shops ar
rived in the yards and was immedi
ately transferred to the shop trcck.
When seen this mornlnc. C MJ
Scott, the superintendent of the rail
way at this point, said: "Wo are
I uhins the work as rapidly as pos
sible. We worked the gangs yesterday
and mean to take advantage of every
minute that we can. We mean to get
the shops up and working at a very
early date Already we have other
track In other parts of the yard
'think that the rate at wKch we are
Luilding is about as fast as we can
able name for tho new train which
was hereafter to setve Tucson.
The Speakers
Dr Huffman, Mayor of Tucson, was
first introduced. He read what pur
ported to be a telegram from tho
Pope, offering congratulations to Tuc
son on the arrival ot another rail
road in the city, stating that since
notice r,eached the Vatican twentv
nlne years ago the location of Tuc
son had been fixed and Its greatness
appreciated. This caused a laugh
among the old timers who remember
ed how Hob Leatherwood. then Mayor
had wired the Pope on the occasion
of the coming of the first train over
the Southern Pacific, receiving a
reply from the Vatican inquiring
'"Where In h i is .Tucson."
Selim M. Frahklln, the prominent
attorney, was next called by the
Toastmas'r. Mr. .Franklin stated
how much the people appreciated ihe
coming of the EI Paso and Southwest
ern to the city and then referred to
the fact that railroads were the. great
Instruments for developing new
country and that Arizona should not
forget that If future prosperity is to
attend Arizona then railroad build
ing should be encouraged by a liberal
and just treatment of the roads al
ready In operation throughout the
state, lie stated that recent laws en
acted wore he believed, unjust to the
railroads and regretted that they had
teen approved by the people. Mr.
Franklin expressed the. hope that all
future lawmaking concerning rail
roads should have the approval of a
corporation ' commission or board
competent to Investigate and meas
ure thelrm erlts.
iJohu Metz, of the Merchants Rank
and Trust company was next called
Mr. Metz spoke' mostly of tha pos
sibilities of future agricultural de
velopment In the viclnitjor Tucson,
telling of the great undertaking uf
the Tucson Farms company tehlcn is
now spending one million dollars in
putting under cultivation five thou
sand acres of fertile land near Tuc
son which would be sold to settlers
in -10-acre tracts. He thought the
new railroad would add great! to
the prosperity of Tucson.
Senator Mark Smith was singled
out by the toastmaster as the next
speaker and he made an excellent
speech talking of the necessity fo
railroads and complimenting the peo
ple of Tucson for the warmth of their
reception to the Incoming new rail
road. He thought that under wise
regulations railroads should have ev
ery possible encouragement
Dr A. H. Wilde, of tho Arizona
university briefly responded when
called on and talked of the great in
strumentallty of railroads in tho
development of countries and ibuliu
ing cities He was glad to join with
the citizens of Tucson in rejoicing
over the coming of the new railroad.
If J Simmons responded in a
short speech thanking Tucbon and
her citizens for their loyalty at all
times In helping the Southwestern
surmount every obstacle in their ef
forts to reach Tucson. He said this
help had been appreciated .byAll
connected with the company. Then
he facetiously referred tcrthtr ran
munication from the Pope, saying
that he was glad tho El Paso and
Southwestern had finally shown, the
vatlcan that Tucson was really oh the
map. s
Mr. Jones was called and brlefl)
Send Thanks
This ended the speaking program,
but before the assemblage left tae
tables Judge Saw tell made a motion
Thousands Have Been Helped
By Common Sense
Women suffering from any form of fe
male ills are invited to communicate
promptly with tho woman's private corre
spondence department of the Lydla E.
Pinkham Medicine Co., Lynn, Mass.
Your letter will be opened, read and
answered by a woman and held in strict
confidence. A woman can freely talk of
her private illness to a woman; thus has
been established a confidential corre
spondence whic'h has extended over
many year? and which has never been
broken. Never have they published a
testimonial or used a letter without tho
written consent of the writer, and never
has the Company allowed these confiden
tial letters to get out of their possession,
as the hundreds of thousands of them in
their flies will attest
Out of the vast volume of experienco
which they have to draw from, itis more
than possible that they possess the very
knowledge needed in your case. Noth
ing is asked in return except your good
will, and their advico has helped thou
sands, burely any
woman, rich or poor,
should be glad to
take advantage of
this generous offer
of assistance. Ad
dress Lydia E. Pink
ham Medicine Co.,
(confidential) Lynn,
Every woman ought to liiivo
Lydia K. PinUham's 80-pago
Text Book. It is not a book for
general distribution, as it is too
expensive. It is free and only
obtainable by mall, , Write- for
it today.
if wj)i
The granting of a cheap round trip
rate by the El Paso and Southwest
ern, will make Is possible for ho
football fans and supporters of the
Blsbee IHsh school to go to Tucson
.Friday morning and .witness the
game between the local team and tho
Tucson High school on the Univer
sity of Arizona campus Saturday aft
ernoon. The rate on Friday morning, for
those who desire to accompany tha
team, will be $4 4.". Those who can
not get away on that morning" but
in order to get It they must at once
notify t'chool Superintendent C. F.
Philbrook, at th Central school.
The officials of the football gamo
will be furnished by the Tucson High
school but their names have not been
sent to the local High school- .tu
thorlties By special agreement -between
Ilisbee and Tucson, no Jlfeh
school graduate or any player who
has placed on High school teams for
four years is eligible to play with
either team. This agreement will
remain in force until the new eligi
bility rules are put In force.
A Skin of Beauty Is a Joy Forever.
DR. T. Follx Couraud's Oriental
Crsam or Magical lautlflr.
that the officials of the chamber of Js
commerce be Instructed to send a . Mll3
message to Dr. James Douglas mii.z-z
Xew York assuring him of the in
of Tucson because or the final com
pletion of the El Paso and Southwest
ern into the city. This motion cai
rled unanimously and the luncheon
was over.
RAvm is jznv low.
WASHINGTON-. Nov 20 -l" 3
Senator ftavnor cf Marv'pnd ntical
lv ill for sopie time vvj in a Eiate
Every one who has been Interested i of coma ail 1v
I in the new shops of the Arizona East-1
ern. will receive this report of pros
rcss with joy Since the evlusiv
announcement of the Arizona 1la'
ern's intention in the Democrat some
months ago. the people of Phoem
have -been very anvious to see thp
actual construction work begin nv
one can now go to the yards of the
company and see the shops in course
of construction.
Jreclie. Jj&th P.ttchA.
Rub, 236 tkin X!r?ai.
on beauty. Mid d
Be detciic&. II
buUxKl tbe tert
I 6 rears, 4
h 3c birmlcu we
U properly m-vde.
Atttpt do count ?
let; cf timJUt
Ti&me. Dr. I., A.
R7r al4 to a
lady of the buot
ton ptlent j
A yon luUtl
vrm aw Urns.
1 recommend
ntturnurf' f renin at tfct lact hirOifu! of a tha
ikln preparations " tt tzX by all Aragiisit aud Fji
&904t Dealers In tit Cnite4 States, Cauda aod orwpc.
rSlT.HBPri!3. Prv, 37 Ertal Jsro Sbd fcsfek
Hemstitche Table
At Very Substantial Savings
TAUI.E CLOTHS of fine mercerized 4daraask. full bfeavhed, la
flower and. fol.age patterns; large cloth, two tr"00
yards square, worth regularly 5j;o each Hfc -s
sale price f"-J
TABLE CI-OTHS of German Damask, fi"l bleached, good
heavy quallt, in floral block and striped patterns, cloth 2Vs
yards long, 2 yarns wide, an exceptionally - fl
sale price .
TABLE CLOTHS of pure, Irish Damask. fuH.lileachofLdoijMo
satln finish. In coin, st flower and foliage ''' ft A 00 1
ipd, douJ
patterns, cloth Is So arils Ions. - yards wide,
worth regularly .W .sale price
TAflLE CLOnits of genuine Scotch Damask, In popuy, clover,
bowknot and w!W roso patterns, cloth Is threo . 95
yarns ion?. iv.o jarus wiue, an qxirtunoiy
good value at fi.fO each, sals price
Specially Priced
NAPKINS, 18xl Inches of Mercer
ized Cotton Damask, full bleached
and permanent finish, all new designs,
the kinds that regularly sell, H QQ
for $1.2 per dozen, 11
sale price Y
NAPKINS. 20xW Inches, of good iual
lty Mercerized Damask, full bleached.
In many lieauuful iatteras, those
that regularly sell for $1 0 k -t 25
per doz. specially ( Hk t
priced .j..'.'..' .(...(T 1
NAPKINS,' of genBllie Irish Linen
Damask, felzo 1x22 inoh1. grass
bleached, every thread pure flax,
new designs, worth rep- ftoOO
many b--o per aozen, mQmJ
V tale price r J
HIGH POINT. N C, Nov 20 -Clerical
and lay representatives cf
the Western North Carolina. Confer
ence of the M. E. Gfeurch, South,
gathered here today for their twenty
third annual convention. The con
ference sessions will continue nxt
Tuesday, with Bishop .Collins Den
ny of Nashville presiding.
Bcrors or ATter.
"I thonght that in the 15 yeart of
my practice of medicine, b.-.'I a phy
sician. "I hat! answered almost every
possible foolish question, but a new
one was sprung on me rectatly. A
young man came in "svlth an Inflamed
eye, for which I prescribed liniment
to bo dropped Into the eye threo times
a day. lie left the surgery, bat re
turned In a fen minutes, poked his
head In the doorwuy, and asked:
"Shall I drop this In the eye befura
1 An. olive oll'bath istn excellent
thlngjffor a palm or fern. Pour two
tablespoonfuls of olive oil at the root
of your plant about once a month.
You will Immediately note the differ
ence In the plant It becomes ' d
healthy green and the leaves fairly
sparkle In the. light. If your plant is
small, you will sot need so much olt
Drive Out
1 Damp and
INMold with
YOU know how
damp gets in
to linen closets and
It's no trouble at
all to keep them fresh
and dry with a Perfection Smokeless Oil Heater.
A Perfection Heater is a great comfort, too, on chilly
mornings and cold evenings.
It is the handiest and most reliable heater made. No
soot; no smoke; no smell. Carry it where you please.
All the heat you want just when and where you want it.
Deicnptire circular tent on request; or. ietttr. still, ,
k your elr to ihowyou a Perfection ' '
t SmekcleM Oil Heater.
41 Mrkt Strt S FnacMca
" vtd
" 4
i 'I
: .ii....,jtjfer.-, r'Sie'

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