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The Salt Lake herald. (Salt Lake City [Utah) 1870-1909, April 24, 1896, Image 5

Image and text provided by University of Utah, Marriott Library

Persistent link: http://chroniclingamerica.loc.gov/lccn/sn85058130/1896-04-24/ed-1/seq-5/

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i1c L
I r ThE SAM LAKE J HERALD JrirDAY PlIL 24 1895
t ON THE THIRD HEARING
Hyams and Erwin Against Bam
r berger and Salisbury
EDGROUSE IS ROT GUILTY
WAS CHARGED WITH ASSAULTING
ED3IUXD HARRIS
ifc
Ansrus lL Cannon jr Pleads Guilty
to At < auUlng Charles Crane Xew
I r
Actions Filed in the State Courts
The Jury Awards Bradiih 250
1
Dninafircs Colorado Veople Want
40000 DumagrcN From the U P
Railway Company Ca sc Now in
the Federal Court
The case or Louis Hyams and J A
Erwin vs Simon Bamberger and O J
Salisbury was commenced before Judge
Street and a jury yesterday with At
torneys Jones Schroeder representing
he plaintiffs and Attorneys Rawlins
8 Critchlow and W C Hall for the
defendants The plaintiff asked judg
ment for 20693
The case is one which has been before
the courts for years in various forms
und is now pretty well hackneyed
The facts according to an agreed
statement are that on May 11 1891 the
plaintiffs borrowed 5SOOO from O J
Salisbury and gave him two promissory
notes in the sum of 4000 each payable
If on November 11 1891 secured by notes
of John Beck aggregating 314719 which
carried with them 2000 shares of the
capital stock of the BullionBeck and
Champion mine as security When the
notes became due neither principal or
t interest was paid and on November 18
1891 Mr Salisbury sold the notes of
Jo in Beck at public sale Simon Bam
berger being the purchaser for a consid
eration of 59000
At this time the amount due by the
plaintiffs principal and interest was
3S74S and Mr Salisbury tendered them
S252 the amount realized by the Beck
notes above the indebtedness The ten
der was refused and immediately after
that Hyams and Erwin offered 58748
for the notes and the offer was ac
cepted on the condition that the money
was paid by 3 p in on November 11
Mr Erwin however had left the city
and did not receive the notification of
the acceptance of his offer until about
a month later The money was not
paid and on November IS 1S91 Hyams
and Erwin brought suit against these
defendants alleging that they had sold
the Beck notes and the security a com
panying them for 1529161 for which
sum judgment was prayed
I The case came on b fore Judge An
derson as referee in ecember 1S92
S who found in favor of the plaintiffs for
S252 and the finding was affirmed by
Judge Zane The defendants appealed
to the supreme court where the judg
I ment was reversed and a new trial
granted The new trial was had before
Judge Merritt a year ago last March
and a verdict for the plaintiff for 11
000 granted Neither party was satis
fied with the verdict and the present tri
I al was granted by consent
The hearing will probably occupy sev
eral days
En GROUSE XOT GUILTY
Clmraed With sHtultinc Edmund
Harris Vlfli u Deadly Wcaium
The trial of Ed Crouse on an indict
ment charging him with assault with
iS a deadly weapon was resumed yester
day morning before Judge Riles and a
Jury
Crouse was charged with striking
Edmond Harris on the head with a
monkey wrench on March 16 last
The evidence went to show that Har
ris was watchman at the premises of
the Salt Lake Lithographing company
where the defendant was employed in
the capacity of a lithographer The
latter was working on the evening of
the 16th f < March after the usual hour
+
for quitting and Harris insisted on his
leaving immediately so that the premi
ses might be locked up Crouse wanted
to finish the job he had in hand and
t an alltercation arose resulting in an ex
change of blows culminating by the
defendant striking Harris with an iron j
1 wrench
The case reached the jury about noon
and after only a few minutes consulta
I tion a verdict of not guilty was re
turned and the defendant discharged
I
rAxoN PIEiiJS GUILTY I
Will lti eitenred Tomorrow For I
AI Matins ciinrlos Crane
i
Angus M Cannon jr who was In
dicted by the grand jury at the last
term of court for battery yesterday
S withdrew his former plea of not guilty I
entered a plea of guilty and Saturday I
was set as time for passing sentence
It will be remembered that Cannon
assaulted Hon Charles Crane in the
I office of the latter striking him several
blows In the face and was proceeding
to do him up when Mr Crane over i
powered him and the parties were sep
arated by friends who were attracted
by the noise of the scuffle and rushed
Into the office
F 1 short Orders
t George R Barse Live Stock and
L Commission company vs Range Val j
ley Cattle company et al demurrer I
ito complaint argued and submitted I
John W Judd vs John OConnor et i
alj judgment and decree of foreclos
Tire for the plaintiff i
Robert A Dawson vs Angus McKel
lar et al leave granted to amend
complaint by adding James OReilly
as defendant I
Nephi Savings Bank and Trust com I
pany vs Fish Springs Mining com
pany order made confirming report of
referee in proceedings supplemental to I
execution and allowing plainMff to i
j
bring suit against H P Henderson
A T Schroeder vs John M Young I
settled and dismissed i
j
I II
5
UtioHw Filed
John Park has commenced an at
tachment suit against Frank K Gil
Jespie James Moffat J A Kelman and
J Elliott Condict to recover 34110
alleged to be due for work and labor
performed between December 9 1895
and February 15 1896 by the plain
tiff and six others who have assigned
their claims to him The work was
done at Big Cottonwood where the
defendants are interested in an electric
power company
George Cullins Is suing Adelia M
Hoagland et al to collect 700 with
interest from June 10 1S93 on a prom
issory note and for foreclosure of the
5 mortgage securing the same
Minnie A Bettess has begun suit
S 4 for divorce from John Bettess alleg
ing that the marriage took place on
September 18 1893 and that for nearly
two years the defendant has wilfully I
failed and neglected to support her
although amply able so to do and that
she has been obliged to sell her per
sonal property clothing etc to obtain
ithe actual necessaries of life She
I asks foi a decree of divorce and to be
I allowed to resume her maiden name
1 of Minnie A Powers
FEDERAL COURT
VTuiy Award 3Iv iradinlt Damage
iJ in tin Sum o f 2 0
In the United States district court
the jury in the damage suit of C E
vBradish vs the Southern Pacific Rail
1
way company came in yesterday
morning and returned a sealed verdict
according to instructions given by
Judge Marshall The verdict found
the issues for the plaintiff assessing
his damages at 250 He sued to re
cover 10000 for being wrongfully
ejected from a train at Ogden and his
ticket taken up
AXOTHKR IJAGE SUIT
I
Colorado People Claim Forty Thous
and Dollars From the U P
Another damage suit was commenc
ed that of A E Wright against the
receivers of the Union Pacific Railway
company and with it was consolidated
the suits of George M Pyle and Harry
Pyle by his guardian George M Pyle
against the same defendants and all
three cases tried together
All three plaintiffs were crossing the
railroad tracks of the defendant com
pany on Fourth West and Second
North strets in this city on July 13
1895 in a two horse wagon and were
run into by a passing train the wagon
demolished the horses killed and the
occupants of the vehicle severely in
jured
The party came from Buena Vista
Colo and were bound for California
making the trip by wagon The plain
tiff Wright is a physician aged about
I SO years George 1 Pyle is about 60
I years of age and Harry his son a lad
of 12
All three were very severely injured
and for a time the lives of the two old
at
men were despaired of They lay
the Union Pacific hospital in Ogden for
weeks in a precarious condition and
even now say they suffer greatly from
the effects of their injuries
They alleged that the accident was
I caused by the companys carelessness
in running the train a too high a rate
j
i of speed and in failing to sound whis
i tle or bell as the train approached Dr
I Wright claimed 20500 damages George
I M Pyle 1535150 and Harry Pyle
i 50i >
J Evans Rogers appeared for the
j I plaintiffs and Parley L Williams rep I
resented the railroad company
The hearing was not concluded when
heaqnS
I court adjourned till this morning at
which time the trial will be resumed I
1 NATIONAL GUARD I
j I
j OFFICERS TO HAVE A MEETING
i THIS VEXING
I I
11 The Governors Office the Place ami I
All Are Expected to Ue Present
Signal Corps Will Elect a Captain
Saturday Evening Axel Meele
Chosen Second Lieutenant of the
I Hatter Honorary Members Elect
I ed Last Evening
I j
I I
All the officers of the national guard
have been requested to meet in the
office of the governor this evening I I
1 The new commander of the guard and
i 1 the staff of the exofficio commander
I inchief will b included in the at
j tendance I is expected that at the
meeting some suggestions as to the
government of the state troops and the
improvement of the condition and dis
cipline will be submitted and acted
upon informally of course
An impression general in character
prevails among both officers and men
that a lack of encouragement to the
militia has been the rule in the past
This lack of encouragement will be
dissipated i possible and the men
given to understand that their devo
tion to the cause is appreciated and
that the state wants them to become
l the finest body of their size in the
country I is expected that all offi
I cerswho are able will attend
There are one or two organizations
j in the city which are far from being
in a firstclass condition There is a
lack of discipline The officers too
young by far for holding such posi
tions do not command the respect
they should in order to accomplish
success and one company of infantry
has been subjected to severe criticism
from official quarters
But with the appropriations made
by the legislature and the amount of
ordnance stores which will be received
from the general government it is be
lieved that the guard can be put
through this year and that by the
time the next session of the legisla
ture meets there will be funds enough
to warrant an appropriation which will
place all the organizations throughout
the state on a good footing
SIGNAL CORPS ELECTION
As previously announced in this pa
per the captain of the signal corps W
W Hall has resigned An election
has been ordered for Saturday even
ing at the Industrial building to fill
the vacancy I is hoped by the of
fices of the corps that every member
will be present and take part as it is
the desire of the retiring commander
to turn over to his successor all pro
perty in his possession and thus avoid
the possibility of having a second
transfer from the first lieutenant I
commanding to the captain elected at
a succeeding meeting
BATTERY ELECTION
First battery light artillery elected
a second lieutenant last night to fill
the vacancy caused by the resignation
of Lieutenant Kuehner Alex Steele
was selected the number of votes re
ceived being so great that the other
two candidates do not care to have
theirs published least that is the
case with one of them and the others
is taken for granted Although Steele
is a late addition to the battery he
promises to be an officer who will work
to the interest of all concerned and
the men are satisfied with him
On the first Thursday evening in May
the battery will give a ball < at its
armory A committee has been ap
pointed to take charge of the affair
which bids fair to be a very successful
event
Hon Thomas Fergpsson Harvey
Hardy John Butters and Harry
Haines were elected last evening as
honorary members
The battery will turn out on Me
moral day as the escort for the G A
R and for the first time in its his
I tory promises a full attendance Al
I though un to date it is the only or
j ganizatlon in the city which has main
tained weekly drills right along and
I ha passed the finest inspections still
i i when I came to a parade it was dif
I ficult to get a full turnout This will
be obviated in future and when the
I First battery swings around the corner i
the people will recognize it as the i
i finest In the country I
I In Oar Great Grandfathers Time
I big bulky pills were in general use
Like the blunderbuss of that decade
I they were big and clumsy but inef
fective In this century of enlighten
i ment we have Dr Pierces Pleasant
Pellets which cure all liver stomach
and bowel derangements in the most
effective way I people would pay
more attention to properly regulating
the action of their bowels by the use
of these little Pellets they would
have less frequent occasion to call for
their doctors services to subdue at
tacks of dangerous diseases The
Pellets cure sick and bilious head
ache constipation indigestion bilious
attacks and kindred derangements of
liver stomach and bowels
BncUlens Arnien Salve
The Best Salve In the world for Cuts
Bruises Sores Ulcers Salt Rheum Fe
ver Sores Tetter Chapped Hands Chil
blains Corns and all Skin Eruptions
and positively cures Piles or no Pay
required It is guaranteed to
I give per
fect satisfaction or money refunded
Price 25c per box For sale by Z C
M L Jvus dept
>
For Over Fifty Years
Mrs WInslows Soothing Syrup has
been used for children teething I
soothes the child softens the gums al
lays all pain cures wind colic and IP
the best remed for Diarrhoea Twent
tyfive cents a bottle
Awarded I
Highest Honors Worlds Fair
OF
BANf CREAM
PODLR
MOST PERFECT MADE
A pure Grape Cream of Tartar Powder Free
from Ammonia Alum or an other adulterant
40 YEARS THE STANDARD
a
< t
t s
Sour
Stomach sometimes called waterbrash
and burning pain distress nausea
dyspepsia arc cured by Hoods Sarsa
parilla This it accomplishes because
with its wonderful power as a blood
purifier Hoods Sarsaparilla gently
tones and strengthens the stomach and
digestive organs invigorates the liver
refreshing
creates an appetite gives
sleep and rises the health tone In
cases of dyspepsia and indigestion it
seems to have a magic touch
For over 12 years I suffered from sour
I Stomach
with severe pains across my shoulders
and great distress I had violent nausea
which would leave mo very weak and
faint difficult to get my breath These
spells came oftener and more severe I
did not receive any lasting benefit from
physicians but found such happy effects
from a trial of Hoods Sarsaparilla that I
took several bottles and mean to always
keep it in the house I am now able to
do all my own work which for six years
I have been unable to do My husband
I
and son havo also been greatly bene
fited by Hoods Sarsaparilla for pains in
I the back and after the grip I gladly
recommend this grand blood medicine
I MES PEE BUBY Leominster Mass
Hoods
Sarsaparilla
Is the One True Blood Purifier All druggists SI
cure all Liver Ills and
i TO > I al Is
hood S Pills Sick Headache 25cents
COUGHS and COLDS
ELYS PINEOLA BALSAM Is a sure
Remedy for coughs colds sore throat
and for asthma It soothes quickly
abates the
cough and ren
I 7jl 1 ders expectora
rTPS tion easy
Consumptives
will invariably
derive benefit
from its use
Many who sup
pose their cases
1 < to be consump
tion are only suffering from a chronic
cold or deep seated cough often ag
gravated by catarrh For catarrh use
Elys Cream Balm Bdth remedies are
pleasant to use Cream Balm 50 cts
per bottle Pineola Balsam 25c Sold
by Druggists ELY BROTHERS
56 Warren St New York
THE
I STATE BANK OF UTAH
Capital fully palO 500000
Sarpluo 50000
Cor Main and South Temple streets
SALT LAKE CITY UTA
HEBER J GRANT President
WM B PRESTON VicePresident
HEBER M WELLS Cashier
BIRECTOKSs
Heber J Grant Isaac Barton
William B Preston Charles S Burton
Joseph F Smith Phllo T Fanwworth
Abraham H Cannon Heber 11 Welts
Spencer Clawson
General Banking Business
Accounts solicited large and small
I Special attention to country trade
Invited Collections a specialty Correspondence
GAJIIFOR1ilA I
I
Ip Rose Carnivals
I and a
Venetian Water
A Carnival i
will swell the great tide of
merry making to sweep over
tsr5 California this season II I I
R Santa Rosa Carnival
it i programmed for APRIL
30 MAY 1 and 2 The charm
I ins City of Roses is very
much at home with thia
favored flower and her
N pride In its exhibition i
surpassed only l > y her amaz
I ing wealth of roses
San Flateo Countys
I Rose Carnival
I is to he held at Redwood
I City on the DATES NAMED
ABOVE and i will he abun
I dantly proven that San Ma
V teo knows all about rotten
Santa CruzVenetian
II Water Carnival
A i announced for JUNE 17 to
AI I 2O inclusive Mere mention
I brings vivid recollections of
Inst seasons brilliant event
to be completely eclipKcd
i this year i i said Thou
ands Trill wonder how
Li I REDUCED RATES
i will be made by the South
I ern Pacific Company for allS
these brilliant events Ar
range your vacation pro
I rngc
S grammeu accordingly and
II call on the agents for particulars
ticulars
Judicious
Advertising i
IS THE
Iey tone 01
Success I
The merchant who advertises if
i
Vile Herald knows nothing of the
lull MCSQU S His trade Is good the
rear round
k t
< 4 >
i
J
BANK OFALTK
fKEI
234 SOUTH 3fiAIS STREET SALT LAKE CITY tA
JAEICS E EOO1 PrcsiSssit I P L HOLLATTD Ca ilo
I H Ji UACOV Vice President I W II H ILAKI > A524 CaahleC
I General Banking Business Transacted Safe Deposit Eoxw ir Ret
Ii Interest pad pn Time and Savings Deposits 1
N attonal B a of to RBDT lC
Frank Gen Ed W A Knox Lowe Duncan VicePresident President Cashier
E O Gates Assistant Cashier
Capital paid in 30OOOO
Surplus S20000
I Banking In all Its branches transacted
Exchange drawn on the principal cities
its of Europe Interest paid principl tme depos
rcCornnck CO
BANKERS
SALT LAKE CIT1 UTAH
Established 1873
Transact a General Banking Business
I
L S HILLS President
lOSS THATCHETl VicePresiclezit
ToTCI YicePesldent
I S YOUNG Cashier
I U S DEPOSITORY
I
DESEBET NATIONAL HAUL
SAL LAKE UTAH
OAFITAU 500000
100000
SURPLUSiZOOOO0
Safely Rcposit Boxes for Rent
B ti Schettler
BANKING BROKERAGE
22 South Est Temple Street
Real Estate Stocks and Bonds Bought
and Sold Notary work
THE
DESERET SAVINGS BANK
SALT LAKE Cm UTAH
Capital 5100000 Surplus 40000
DIRECTORS
James T Little President
Moses Thatcher VicePresidsnt
Elias A Smith Cashier
Henry Dlnwoodey George Ronmey
James Sharp W W Riter
John R Barnes John R Winder
John C Cutler D H Peer
David Eccles E R Eldredge
Four per cent Interest paid on savings
deposits compounded semiannually Ac
counts solicited from 51 upward
WELLS FARGO GOS BANK
SAIT XAICE crrr TTTAH
Established 15o2
Transacts a General Banking Business
J TEL DOOLT Cashier
T R JONES CO
BWE1S
SALT LAKE CITY U
WALKER BROS
BANKERS
Established 1S50 Sncceaaorn to
TiE UNION NATIONAL BANK of Salt
Lk e City I
A General Banking Hnaincsa trans
acted
Commercial National Bank
Of Salt Lake City corner of Second
South and Commercial Streets
Capital 300000 Surplus 50000
General Banking In All Its Branches
DIRECTORS
S M Downey Prest
W P Noble VPrest
John J Daly O J Salisbury Moylan C
Fox F H Auerbach Newell
Bpman J W Donnellan
T Marshall 2d VP Cashier
I
Established 1841
150 Offices
OfccsTe Oldest and Largest
RI G DUN COa i
THE MERCANTILE AGENCY I
GEORGE O51IOKT General Mana
ger Utah and Idaho Offices In Pro
grcsa Building Salt Lake City Utah
Hotel Knutsford
New anJ elegant In all its appoint
ments 250 rom single or ensuite 75
rooms with bath
G S HOLMES Proprietor
TE
Santa fe tei tail Ry
In connection with the Santa Fe route
Is the shortest and quickest route to
Prescott Phoenix and ail Interior Arizona
points The scenic line of Arizona The
only north and south line of the terri
tory to the Grand Canyon of the Colo
rado Petrified Forest Great Pine For
ests Cliff Dwellings Great Salt River
Valley and numerous other points of in I
terest Beautifully Illustrated book free
tcrcst Beutfuly lustted
on application giving full information
regarding Arizonas wonderful mining I
developments and prospects and the ag
ricultural resources of the Great Salt
River Valley which yields all semitrop
ical products and Is the finest climatic I
winter resort in the world For further
information apply to any Santa Fe route
agent or GEORGE M SARGENT
Gen Passenger A ent Prescott A
Patronize Our Want Soiurons
f ST RESULTS
II
MOST RESULTS
SUREST RESULT I j I
1
UCKET RESULTib
TI
J > 1
< = 1 1
UNION i
PACIFIC
System
< 08
PfCOfr
Tl TOtGH cU
Trains arrive and depart at Sol
Lake City daily tat follows
an Effect April 5th 1S26
ARRIVE
From Chicago Omaha St
Louis Kansas City Denver 1
Park City and Ogden 310 p m
From Helena Butte Portland
San Francisco Ogden and In
termediate points 903a m
From San Francisco Cache 90a
Valley Ogden and interme J
diate points 725 p m
From Chicago Omaha St i
Louis Kansas City Denver
Fand Ogden 330am
33 a
I From Frsco Milford and In I
termediate points 9i a m
From Mercur Tintic Provo
Nephl Sanpete Valley and
Intermediate points 630 p mj I
Mixed train from Terminus m
Tooele and Garfield Beach 400 p m iJ
For Chicago Omaha DEPART Denver
Kansas City St Louis Ogden
I Fand Part City 700 a m
For San Francisco Ogden
I Cache Valley and intermediate I
point teSo a rn
I For Ogden and intermediate a d
points 400 p m
For Chicago Omaha Denver
Kansas City St Louis Butte J
Portland and San Francisco 700 p ml
For Eureka Mercur Provo J
Nephl Sanpete Valley740 a mj j
For Provo Nephl Milford
Frisco and Intermediate points 1600 I p in1
t Mixed traIn for Garfield
Garfeld
Beach Tooelo and
Terminus 743 a mi
Trains south of Juab run dally except
bunday
I DaIly except Sunday
I Dally except Sunday south of Juab
CITY TICKET OFFICE 201 MAIN ST
Telephone No I I
Through Pullman Palace Sleepers Latest
Improved Tourist Sleepers Free Re
Coaches clining Chair Cars Elegant Day
D E BIJRLET 1
General Agt PasaeJTger Dept
S H H CLARK
OLIVER W MINK
E ELLERY ANDERSON j
JOHN W DOANE
FREDERIC R COUDERT
Receivers 1
Receivers
E L LOMAX G P T Agt
Agt
E DICKINSON Gen Manager J
7
4 1
j
J
J
j
i
Current Time Tablet 1
J
IV EFFECT APRIL t 1S9G
LEAVE SALT LAKE CITY
No2For Bingham Provo
Grand Junction and all points
East 750am
No 4For Provo Grand Junc
tions and all points east 74 p m
No 6For Mt Pleasant Manti
Salina and all intermediate
points l30pm
No 5For Ogden and interme
diate points 530 pm
No8For Eureka Payson
Provo and all intermediate
points 50 p m
No 3For Ogden an westU45 p m
Nc IFor Ogden and west1223 p m
ARRIVES SALT LAKE C1T1
No 1 From Provo Grand
Junction and the east12ls p m
No 3 From Provo Grand
Junction and the eastU p m j
No S From Provo Bingham
Eureka SaUna Manti and all
intermediate points 525 pm
No 2 From Ogden and the
esi j
west 740a m
No 4From Ogden and the
west 730 pm
No GFrom Ogden and inter
mediate points 910 a m
No 7From Eureka Payson
Provo and all intermediate
points 035a m
Only line running through Pmlman Pal
ace sleeping cars from Salt Lake City to
San Francisco Salt Lake City to Denver
via Grand Junction and Salt Lake City to
Kansas City and Chicago via Colorado
points i
Through tourist or family sleepers
without change to Kansas City Chi
cago and Boston
Free reclining chair cars Salt Lake J
City to Denver
Ticket Office 15 West Second South f
1
Street J
D C Dodge S H Bakcock
General Mgr Traffic Mgr
F A Wadleigh General Passenger Agt
i
j
TH
1I1Iffl r IIIII
The Scenic Line of the World
r
The only line running two through
lost trains daily to advUlc As
pen Pueblo Colorado Springs and
Denver
EFFECTIVE APR D 1SO1
Train No 2 leaves Ogden 700 am Salt
Lake S03 am arrives at Pueblo 610
am Colorado Springs 713 am Den
am
ver 1030 am Cripple Creek 950 am
Train No 4 leaves Ogden at 635 pm
Salt Lake 740 p1fl4 arrives at Pueblo
520 pm Colorado Springs 653 pm
Denver 923 pm
Connections made at Pueblo Colorado
Springs and Denver with all lines east
Spring rHv roarhes chair cars and
Pullman sleepers on all trains Take teL
K G and have a comfortable trip
4 j < x r ad hVE trp
and < enjoy the finest scenery on the conti
nent Shortest line to nipple Creek
Colorados great gold camp
Traffic Denver
A Colo S HUGHES Trafc g
S K HOOPER G P T A Denver
Cob
B F NEVINS General Agent
H M GUSHING T P A
SALT LAKE IT i
UTAH CENTRAL RY
General Office 202 Wlttlnghara Bulldln
DAILY TRAINS A FOLLOWS
Leave Arrive
S L Cit 0 a m Park City 1020 a I
Park City 300 p m S L City 515 p m
Depot Main and Eighth South Stg
J McGregor Clarence Cary Receivera
I H Burgoon Gen Supt Frt and Pass J
Acnt i
THE NEW MANIFESTO I
lion John Sraman Speaks Right
Out in Aleetin t I
HE DEFINES HIS POSITION
STAXOS BY THE ACTION OF THE
RECONVENED CONVENTION
Holds That i All Citizens of the
United States Are Equal Then
One Man Does Sot Have to Asic
Another What Business He May
Engage in or When He May Seek
Ofllce A Church Assuming Such
High Ground Sets the Whirlivind
in Motion
JIoton
To the Editor of The Herald
My Dear SirAs there has been time
for the sober second thought of the
people to come to them I trust it will
not be out of place for me to present
my views on the new manifesto and
some other matters growing out of
the controversy occasioned by its pub
lication
So far as I am advised I am not the
only member of the Mormon church
that ha spoken right out in meetin
refusing to support the manifesto
While there are many who have talked
I under their breath doubting its util I
ity or its wisdom when it came to the
II point where a man should assert him
self they lacked the courage of their
convictions
At the reconvened convention of the
Democratic party of our territory in I
October last I cheerfully endorsed the
eight declarations truth which were I
presented and adopted by that con
vention You Mr Editor were a con
spicuous figure on that historic occa
sion I believed them right then and
I believe them correct now
To me there appears to be on your
part an inconsistency You claim in
your editorial of April 8 that our con
tention in those eight declarations and
the manifesto are in accord I quote
from the manifesto
We unanimously agree to and pro I
mulgate as a rule that should always I
be observed in the church and by every i
leading official thereof THAT I
BEFORE ACCEPTING ANY POSI
TION POLITICAL OR OTHERWISE I I
which would interfere with his eccle i
siastical duties and BEFORE AC
CEPTING A NOMINATION AND EN II
TERING INTO ENGAGEMENTS TO
PERFORM NEW DUTIES SAID OF
FICIAL SHOULD APPLY TO THE i
PROPER AUTHORITIES AND
LEARN FROM THEM WHETHER
HE CAN etc etc I
The sixth declaration referred to be
fore reads Thai a trust is imposed
upon each citizen in a free country to
act politically UPON HIS OWN JUDG
MENT AND ABSOLUTELY FREE
FROM CONTROL OR DICTATION
ECCLESIASTICALLY OR OTHER
WISE
I frankly confess Mr Editor that to
me there is a wide difference between
the ideas conveyed by the words in
capitals in the quotation from the
manifesto and those in capitals in
rule six above quoted
One says he must LEARN FROM
THEM etc and the other says he is
FREE TO ACT etc You claim
the church as such ha a I
right to establish such a rule
I maintain the church as such
has not the right to establish any I
sucli rule I has been asserted that
one citizen in the United States is the I
equal of any other citizen I he is
he does not have to ask any other citi I
zen what business he may engage in
and when he may seek an office in the
gift of his fellow citizens
The argument used that a man in rthe
employ of another cannot expect to
continue to draw his salary and divide
his time and take pay from another
is not applicable in the case at bar
for there he sells his time and ability
to his employer and thus secures the j
maintenance of his family and the em j
ployer may properly claim his undivid
ed labor and ability j
While in the Mormon church there j
are at present few if any salaried offl I
cers and every man is expected to
care for those dependent on him in
connection with his ecclesiastical du
ties how does it impress the average
mind that after refusing an allow
ance to a chxlrch official to claim the
right to shut the door in his face that
opens to him the opportunities to earn J
in a honorable way the needed sup
port for his family I it is deemed
incompatible with the duties of certain
ecclesiastical officers to take an active
partisan part in politics or accept
nominations let these offices be named
and there let i end But do not let
the church establish a system of indul
gences that if we please to permit
you may indulge I we do not please i
you are not at liberty to act
Defying our right to thus control I
and acting on your own judgment the j
price you pay is your standing as an i
officer in the church and the knowledge I
that your file leaders and fellow church I
members for you do not have full fellowship I I
In short such a man would virtually I
be an outcast among his brethren
The contest for civil liberty took de I I
finite shape at Bunker Hill and through
tears and blood became established
when Cornwallis gave up his sword at
Yorktown
Looking backward we can
now see that every attempt that has
since been made to abridge that right
I by ecclesiastical authority or otherwise
has gone down in inglorious defeat
The handwriting is on the wall and
I all church organizations may as well j
take cognizance of it But Mr Editor II I
is anything gained by publishing such a I
j manifesto Has there ever been a time I I
When the church officials were denied
the right by its members to
righ it remove
any officer who failed to properly dis
charge the duties imposed upon him
by his office Does this new declara
tion do any more
I ha been done time and time again
I arid no one has objected History in
I structs us that the granting of indul
gences by a certain church degenerat
I ed its high officials
is who in time came
I to sell them for money considerations
a more demoralizing agency could
hardly be suggested As all men are
more or less alike and subject to temp
tations it is not necessary that we
lay anew the foundation for such
abuses
I ask is not the
purpose of said man
ifesto rather to make all members of
the Mormon church who took part in
the reconvened Democratic convention
last October and those who approved
of the address then prepared in their
precinct meetings now declare by their
approval of said manifesto that all
they then claimed was untrue and
that the eight rules of truth then pro
mulgated and approved by them are
now to be cast aside
Can a man support in toto this man
ifesto and not stultify his act of last
October
Mr Editor these questions confront
us today and will have to be answer
ed Much depends upon how they are
answered by the people who took part
in that convention
I we are true and loyal to the dec
larations then made peace is assured
I on the other hand we stultify that
act and demonstrate we are not to
be trusted the end I cannot see I
have confidence in the people and still
trust them
We told our Republican friends last
fall that they were as deeply interest
ed In the contest we were then wag
ins as was the Democratic party
i
i 1
i <
0 <
i
Scorn and ridicule were their only
replies Presto change today none
more aroused than they Now they
think it means them Let them adopt
those same eight rules as their slogan
and the victory is won And no anti
church party will be necessary
The church and state should be in
chura
perfect harmony But harmony can
never exist where one assumes to be
greater than the other and inflicts any
kind of punishment upon the individ
ual either penal or mental for the
loyal support he may properly render
to either
No amount of protestation from high
church officials of any sect or creed
that they will not unwisely use such
authority if their members confer it
on them H ever satisfy the true
American heart The danger lies in
their being clothed with such author
ity And well may the nonchurchman
say i they do not intend to use why
are they so persistent in clamoring
for i When any church assumes
such high ground they set the whirl
wind in motion and they are contend
ing In these United States against
fearful odds I feel very deeply on
this all absorbing topic friend Her
ald and offer it as an excuse for so
long an article believing that now is
the time to speak Yours for peace
and right JOHN SEAMAN
View Weber county Utah April 21
1S96
JUST GOSSIP
I is i related by one of the young men
employed in an official capacity by the
state government that a tenderfoot
struck Leadville in the early days and
wishing to become as tough as the
men in that section usually are he went
into a saloon and started his career by
ordering a drink
ihe bartender set up a bottle a glass
and a whisk broom The man from the
land where all bugs have elided wings
caught on to the bottle right away also
the giass but when it came to the broom
he was puzzled He didnt like to show
an ignorance of western customs so he
decided to take his time and accordingly
took his time in pouring the drink While
he was engaged one of the Denizens of
ter the town came in and called for a snif
terThe tenderfoot watched him carefully
pour out the drink swallow it and then
take the broom go to a corner sweep
a clean place and then acting upon the
effect of the whisky he down and have
a fit
The youth pleaded dislike for whisky
and ordered beer
I S S
Mancas restaurant has an aquarium
I is tilled with mountain trout and visi
tors to the place and people on the out
side have good times feeding them and
watching them catch flies and do other
trouty things A few days ago Manca
the elder thought it would be a good
thing to purchase a few small trout and
have them for company for the big fish
He argued that as hens protected their
chickens cows their calves and other
mammas and papas of different kinds
perhaps trout would do the same So he
ordered a hundred small fry about two
inches in length and dumped them In
The old trout had a picnic right there
and then and in less than two minutes
the sides
they were sliding around glass
of the tank looking for after dinner
naps
napsI is rumored that Charley Johnson
I shortly write a work on How to
wi shorty wrte
Miss the Train Charley accompanied
the choir to California and succeeded in
getting left at San Jose Then he moved
Sar
geting on caught the singers at Sacra
all went well until Reno was
mento and unti
wet wel
al
reached Here Charley took another stroll
and succeeded in missing the train again
This time he failed to catch up with his
faied
companions and didnt get into Salt Lake
until the next train
unt
A young man who figures in the very
street
swell set was going down Main
yesterday with the hired man who works
He
the familys farm below the city
wanted on to treat Reuben right and make
him feel good but the granger was a
total abstainer and the Bock beer signs
had no charms for him so the swell
hardly knew how to entertain him I
happened that they were passing a pea
nut stand and i occurred to the swell
that a lot of hot Toasted would proe
acceptable eoTffe said Jake have some
ptanut5 Thanks said C Reuben but if its
slme rather have
to Id
all the same you Id rther
doughnuts
Dr Wright who is the Plaintiff In a
damage suit against the Union Pacific
trial before
now on
Railway company
Raiway States dis
Judge Marshall in the United
trict Iarshal quite a character He is
a man somewheie about 8 years of age
and has seen a great deal of life in the
west before this section of the country
could he said to have been brought under
the influence of civilization
intuence cizaton
When on the witness stand yesterday
describing the injuries he had received
last summer by being run into by a Union
Pacific train in this city it was noticed
notwithstanding his long bushy gray
locks that his left ear was completely
gone In reply to questions by counsel
he said the railroad was in no way re
sponsible for the loss of his aural append
age and went on to tell the story of how
he came to lose it which although it
was entirely Irrelevant to the case proved
so interesting to the court and the law
interestng and
yers that a digression was permitted
the old man allowed to tell his tale
It was in the early days in California
I and a friend were out in the wilds
far away from the haunts of men when
he single handed encountered a twelve
hundred pound grizzly bear It was in
close quarters and the bear meant busi
ness escape by flight was impossible
and the situation resolved itself into a
handtopaw encounter with the grizzly
The bear forced the fight reared up on
his haunches and gathered the man who
was armed only with a long knife in
its terrible embrace The doctor hacked
and slashed so effectually that bruin loos
ened his clutches and striking out with
his huge paws scratched and lacerated
the flest of the upper part of Wrights
body and with Ole claw tore off his left
ear
4 a
While the unequal struggle was going
on Wrights companion arrived on the
scene With his rifle but realizing the im
minent danger of killing his friend was
exceedingly loth tQ shoot Something had
to be done however and that quickly
so he blazed away with tho result as
Wright said that the bear was hit so
hard that he desired to cease hostilities
and call I a draw Wright however
was also hit a bal shattering his arm
and another passing through a powder
flask he carried Igniting the contents so
that as the old man phrased I he was
blown up and shot at the same time
The bear soon rolled over dead and it
was many months before Wright was
himself again
S C S
At the conclusion of the recital Mr P
L Williams counsel for the railroad com
pany facetiously remarked that i was
no use trying to kill a man who could
successfully cope with a bear and a railroad
road engine in single combat

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