The Elk Mountain pilot. [volume], February 15, 1923, Image 4

About The Elk Mountain pilot. [volume] (Irwin, (Ruby Camp), Gunnison County, Colo.) 1880-19??

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SUMMONS
STATE OF CGj. I
„ Y as.
County uf Gunnison, \
IN THE PISTRICT COURT
No. 1706
J. W. Landen and Henry Penny.
Plaintiffs.
vs.
1 W. H. ’Whitehead and John Vit
mer.
2. Reva O’Connor, the sole and omly
devisee and legatee under the last
will iv’d testament of DEXTER T.
SAPP, Deceased*
3. WILLIAM T HOLT, otherwise
known, as W. T. HOLT. PHILIP
SCHNEfftER. JOHN W. SCOTT, J.
H. ZIMMER, J. K McCOY, ORVIS
C. KEITH. and ALMOND A.
WHITE, if living, or if any such
person is not living, then his un
known heirs and his unknown devi
sees, legatees and creditors, if any,
and the unknpwn personal repre
sentative or representatives, if any,
of the estate of such deceased, if
a decedent.
4. The unknown individuals'compos
ing the BOARD OF DIRECTORS
or TRUSTEES or MANAGERS of
the comnrate off airs, of THE CUM
BERLAND MINING AND SMELT
ING COMPANY, formerly a COL
ORADO CORPORATION, last elect
ed, appointed or acting at the ex
piration of its charter, and the
termination of its corporate exist
ence on the 26th day of December,
1905, and the survivors of them,
and.the unknown creditors, if any,
of said corporation.
5. F. A. A. Williams, W. R. WIL
LIAMS and A. W. CARNINE, being
the persons, composing the BOARD
OF DIRECTORS of the corporate
affairs of THE ROCKY MOUNTAIN
INVESTMENT COMPANY, former
ly a Colorado corporation, last
elected, appointed and acting at
the expiration of its charter and
the termination of its corporate
existence on the 18th day of Feb
ruary, 1921, and the survivors of
them and the unknown creditors,
if any, of said corporation.
G. The unflcnown persons interested
in the subject matter of this com
plaint whose names the plaintiffs
cannot insert herein because they
are unknown to them.
Defendants.
SUMMONS
THE TEOPLE OF THE STATE OF
COLORADO.
to
The Defendants above named,
GREETING.
You are hereby required to appear
in an action brought against you by
the above named plaintiffs in the
District Court of Gunnison County,
in the Seventh Judicial District of
the State of Colorado, and answer
the complaint therein within twenty
days after the service hereof, if
served within this bounty; or, if
served put of this County, or by pub
lication,' within thirty days after the
service hereof, exclusive of the day
of service, or judgment by default
will be taken against you according
to the prayer of the complaint, and
if a copy of the complaint in the
above entitled action be not served
with this summons, or if the service
hereof be made out x»f, tTjis State,
then ten days additional to tbe time
hereinbefore specified for appearance
and answer will be allowed before
the taking of'judgment by default
as aforesaid.
This is an action brought to .quiet
the title in the plaintiffs to the fol
lowing described property, situated
in the County of Gunnison, State of
Colorado., to- wjt:
PABCfet 1. The North half of the
Southwest Quarter (NHSWH). the
Southwest Quarter of the Southwest
Quarter (9WM SWV 4 ) of Section One
(I) in Township Fourteen (14) South
of Range Eighty-six West of the
Sixth Principal Meridian.
PARCEL 2. The Northwest . Quar
ter (NWH) ,of Section Twelve (12)
in Township Fourteen (14) South of
Range Eighty-six West of the Sixth
Principal Meridian.
PARCEL 3. The Southeast Quar
ter of the Northeast Quarter
NE*4). and the Northeast Quarter of
the Southeast Quarter
in Section Eleven (11). and the North
half of the Southwest Quarter (NH _
SW*) ip Section Twelve (12), all in
Township Fourteen (14) South of
Range Eighty-six West of the Sixth
Principal Meridian.
PARCEL 4. The North half of the
Northeast Quarter (NHNE*4), the
Southwest Quarter of the Northeast
Quarter (SWHNE«4) and the North
west Quarter of the Southeast Quar
ter in Section Eleven
(II) all, in Township Fourteen (14)
South of Range eighty-six West of
the Sixth Principal Meriaian.
EXCEPTING from the above de
scribed Parcels 1, 2. 3. and 4 of land
a strip of land fifty feet wide on
each side of the center of the main
railway track and twenty-five feet
on each side of the spur tracks of
The Denver and Rio Grande Western
Railroad Company over and across the
North half of the Southwest Quarter
and the Northwest Quar
ter (NWV4) of Section Twelve (12)
and the North half of the Northeast
Quarter, in Section Elev
en (11), Township Fourteen South of
Range Eighty-six West of the Sixth
Principal Meridian, as set-out and
more particularly described in con
veyances to The Denver and Rio
Grande Railway Company recorded
in Book 35 at Pages 95. 97. and 98
and in Book 172 at Page 432 in the
Clerk and Recorder’s office of Gunni
son County, Colorado: and also EX
CEPTING from the above described
Parcels 1,2, 3, and 4 of land small
tracts of land conveyed to The Crest
ed Butte Coal Company reserving in
plaintiffs’ grantors right of owner
ship in ores, minerals, and coals un
derlying such tracts, such tracts be
ing more particularly described by
courses and distances in the convey
ances to The Crested Butte Coal
Company and recorded in Book 169
at Page 303 and in Book 213 at Page
99 of the public records in the Clerk
and Recorder's office of Gunnison
County, Colorado.
And to obtain a decree adjudging
that plaintiffs are the owners in com
mon in fee simple of said property;
‘o require the defendants to set
r orth the nature of their claims re
spectively in said propeity, and to
adjudicated all adverse rights,
title, claims, demands, interests, or
estates of said defendants in said
property: and to obtain a decree de
•’pring that the defendants, and each
f them, have no right, title, claim,
letnand. interest, or estate in said
-'roperty, or any part thereof; and
that the title of the plaintiffs is
good, valid, and perfect and forever
enjoining defendants from asserting
any right, title, claim, demand, in
terest, or estate in said property,
adverse to plaintiffs.
The interests of the unknown heirs,
and the unknown deviseess. legatees,
and creditors, if any, and the un
known personal representatives, if
any, of the estate of William T. Holt
otherwise known as W. T. Holt, Phil
ip Schneider, John W. Scott, J. H.
Zimmer, J. K. McCoy, Orvia C. Keith,
and Almond A. White, respectively,
mentioned in Division 3 of the title
are that they claim to have some
right, title, or interest in and to the
property hereinabove described ’.’by
reason of their being heirs, devisees,
or legatees, or personal representa
tives or creditors of said William T.
Holt. Philip Schneider, John W.
Scott, J. H. Zimmer, J.’ K. McCoy.
Orvis C. Keith, and Almond A. White,
respectively, if deceased, as fully set
forth in subdivisions (I) (2) (3) (4)
(5) (6) (7) of Paragraph Fifth of
the complaint, said William T. Holt,
John W. Scott, J. H. Zimmer, Orvis
C. Keith, and Almond A. White, hav
ing at one time owned undivided in
terests in the property above de
scribed as Parcels 1 and 2 which they
lost by Treasurer's Deeds, said J. K.
McCoy and John W. Scott having
claimed some right, title, and inter
est to the above described property
in Parcel 1 by virtue of Mortgage
Deeds which are now of no legal
force and effect, and the said Philip
Schneider having owned two certain
tax sale certificates dated November
10, 1896, and November 6, 1897, re
spectively, covering property de
scribed in the above Parcel 3, which
certificates are now of no legal force
and effect.
The interests of the unknown de
fendants, mentioned in Division 4 of
the title, are that they composed the
last Board of Directors, Trustees, or
Managers, or were creditors of The
Cumberland Mining and Smelting
Company which at one time claimed
to own the property above described
in Parcel 3. which said corporation
lost by Treasurer’s Deeds
Th«» interests of the unknown de
fendants in Division 6 of the title
are that they claim some right, title,
or interest in the above described
premises by virtue of the matters
and things heretofore set forth, all
of which more fully appear from the
complaint on file herein, reference
to which is hereby made.
WITNESS: I. Thos. W. Estes, Cleric
of said Court with the seal hereunto
affixed at my office in the County of
Gunnison, Colorado, this Bth day of
•January, A D. 1923.
(SEAL) THOS. W. ESTES,
Clerk.
By Bessie E. Wolfe, Deputy.
Stone & Kochevar,
Attorneys for Plaintiffs.
First pub. Feb. 1, 1923.
Larft pub. March 1, 1923.
forfeiture notice
Gunniaon. Colorado. Nov. 28, 1922.
To Lillian Cisco Mann and JL 0. Gird
ner and A. S. Girdner, heirs of W.
L. Girdner. Deceased, and all other
heira. if any there be, of said W. L.
Girdner, Deceased:
You are hereby notified that I have
“xnended during the year ending on
the 30th day of June, 1922, the sum
of one hundred dollars in labor and
improvements upon the Colorado Ko
dak Placer, in Rock Creek Mining
District, in the County of Gunnison
ird State of Colorado, the location
certificate of which is found of rec
ord in Bdok 160 at page 347 in the
office of the Clerk and Recorder of
said County, in order to hold the said
claim under the provisions of section
2324 of the Revised Statutes of the
United States, and the amendment
thereto approved January 22, 1880.
•orcerning annual labor upon mining
•laims. being the amount required to
hold said placer for the period end
ntt on the 30th day of June. 1922.
And if within ninetv davs from
•tersonal service of this notice, or
within ninety days after publication
theernf, you fail or refuse to cqntrib
itc your proportion of such expendi
ture as co-owners, which amounts to
thirty-three and one-third dollars for
the interest of said Lillian Cisco
Mann and a like amount for the in
terest of said W. L. Girdner, deceased,
I said interests in the placer aforesaid
will become the property of the sub
j scriber, your co-owner, who has made
i the required expenditure, by the
i terms of said section.
BENJAMIN R McGUIRE.
First pub. Nov. 30. 1922.
; 1 ast puh March 1. 1923
R Created Rett# Lada.
MX\ A. F. A A. H. mast*
_ _ every Friday at 8:00
vx*[fwVT P m * Visiting meat
/VrTsrTS oera cordially Invited
/when In town.
v/ G V. BENSON, Sec
. W, L. JOHNSON, W. M.
§ Snowy Range No. 41
Meets every Wednes
day evening at 8:00
o'clock Visiting mem
ber a from other places
are cordially welcomed.
Peter Camjnjeii, C. C.
Fred K. of
GEORGE HETHERINGfON
A ttornej-at-Law
Blacks took Bldg Tomlchl Ava
GUNNISON. COLO.
CLARENCE ADAMS
Funeral Director and Embalmer
Will go anywhere at any tlma when
called.
At Adam* Furniture Stare,
GUNNISON. COLO.
Gunnison and Pitkin
Items Culled From Gunnison Empire and Pitkin Miner
GUNNISON ITEMS
W. H. Brown of lola, paid Gunnison
his usual week-end visit this week.
Albert Croft is over from the
North Fork visiting his best friend.
Mrs. Catheryn Rosenbaum is now
mployed at the Clyde Welch ranch
below Gunniscn.
Little Robert Bain and Harold
Hendrick are both reported suffering
from pneumonia.
E. M. Nourse arrived Thursday
morning from Denver where he has
been for some time.
Sam Luchetta was another visitor
from lola Saturday. While here he
attended the W. R. C dance.
Mrs. M. P. Ghent is visiting friends
:n town after an extended visit with
the Stanley Pugh family at Doyle. •
Mr. Russell is in town for a few
days’ vacation from the Big Johnny
mine where he is employed.
Mrs. Laurel Spann is expected to
leave this week for Denver where she
hopes her health will improve.
Mr. and Mrs George Berg are both
confined to their home on Pine street
with an attack of grip or flu.
Miss Keliehen is again on duty at
the Gunnison Commercial hotel af
ter her three weeks* fight with grip.
A I. Haines is a business caller
here from Spencer. He will visit his
son-in-law on upper Gunnison before
returning home.
Carl DieboWi, traveling salesman
for a Pueblo Lumber company, spent
Thursday and Friday here. He left
for Western points.
Miss Margaret Gohen of the Gun
nison Beauty parlor, was called to
Montrose this week by the serious
illness of her mother.
Mrs Mary Jaynes is slowly improv
ing but is still confined to her room.
Her physician advised an operation,
also a change of climate.
Forty-two new subscribers enrolled
last week. People seem to appreci
ate the fight for better county gov
ernment this paper has been putting
up.
Miss Margaret Collier, who has been
quite ill at the dormitory. Is
ing to leave sometime this week for
Delta where she will remain until
her health i'mprriives.
Mrs. Florence Sheridan left the
first of the week for her home in Pu
eblo after a few weeks' stay on the
Scheid ranch on upper Gunnison,
where she acted as housekeeper.
G. A. Florence of Chicago, Ills., and
W. H. Junk of Martinez, Calif., were
here Monday looking after mining
business. They spent the day wrth
Senator Hetherington. their attorney.
Mr. I. A Smith of Independence,
Missouri, was in town Tuesday, con
sulting Judge Hetherington regard
ing their marble properties. He
left Tuesday for Glenwood Springs.
Clyde Rising is now in the Govern
ment hospital at Fort Lyons, Cola
He has been suffering recently from
‘ eing gassed while “over there.” He
thinks he will be able to return in a
few weeks.
Mr. and Mrs. Walter Haymaker left
Monday for Denver. The assesssor to
attend a meeting and Mrs. Haymaker
to have her eyes treated. They were
among those on the stalled train on
the pass for nineteen hours.
Mr. Lurton Holman of Salida, has
accepted a position with the Empire
and is turning out lots of nice job
wonk for which this office is becom
ing famous. Mr. Holman seems to
like Gunnison and the shop.
Mr. and Mrs. Ernest Dent are re
ceiving congratulations over the
birth of their first bom, a seven
pound daughter who arrived Feb. 9.
and has been christened Margaret
Della in honor of her grandmothers.
Chief dispatcher, D. & R. G. W., W.
H Ball, left Thursday on 316 for Pu
eblo. where he is to take a position
in the same capacity. Mr. Ball made
many friends during the past two
years who regret his departure; but
wish him great success in his new lo
cation.
Home Brew
Chase a frog for ten miles and
gather up the hops. To this add half
a pint of shellac, ten gallons of wa
ter. four pounds of tanbark, and four
gallons of home-made soft soap.
Strain through the heel of an I. W.
W. sock to keep it from working.
To each pint add a grasshopper to
give it a kick-
BOUNTY’S OLDEST CITI
ZEN PASSES AWAY
Pitkin Miner.
On Saturday evening at five o’clock,
February 10, 1923, occurred the death
at Ohio City, of M. Tarkington. the
oldest citizen of our county, and one
of the oldest in Colorado.
Grandpa Tarkington was ninety
vears old at the time of his death,
which occurred at the home of his
daughter, Mrsl Minnie Fry. He had
been very feeble the post year, but
up until about three months ago had
been able to be up and around his
home and at times was seen walking
about town. Last November when
his grandson, John Fry was killed,
the shock of his death seemed to
k ave been too much for the aged
man and from that time he never
• eft his bed. and failed gradually,
when last Saturday the splendid
spirit passed to the Great Beyond.
Samuel M. Tarkington was horn in
Kokomo. Indiana, January 24, 1833,
and so was at the time of his death
just passed the ninetieth milestone.
Tn 1854 he was married to Miss Mary
Ball, March 12. being the happy nup
tial day. The wedding occurred in
his native towm. The foliowring year
‘be young couple left Indiana and
went to lowa, where they resided for
\ rumber of years. Three children
—me to bless their home, Alice, now
Mrs Carnes, William, who died in
Oc*obe*\ 1920, at Delta, and Mrs
Minnie Fry. All well known and
citizens. There are also six
grandchildren and a number of great
grandchildren
In August, 1862, Sam Tarkington
enlisted in the cause of the Union
and became a member of Company C
29th lowa Volunteers, where he
served throuout the war and was
mustered out at New Orleans Au
gust 12, 1865.
In 1875 he came with his family
to Colorado. Boulder, Lake City, and
other camps claimed his attention
for a few years but in 1882 he came
on to Gunnison county and to Ohio
City, where he has since resided with
his family.
Grandma Tarkington passed away
at the Ohio City home January 19.
1915.
Thus we chronicle the passing of
another of our builders, our men
who have given of their best to the
cause of upbuilding our West. Mr.
Tarkington lived a long and useful
life. He was an honorable, upright
man. one whom all respected. De
voted to his family, a kind friend
and neighbor.
On Monday afternoon, February 12.
Lincoln’s birthday, was held the fu
neral over the remains of this good
old man, one of the fast passing
Grand Old Army men. What more
fitting day for a G. A R. man to be
placed to rest than on the anniver
sary of the birth of their great lead
er? The funeral was held at the
home of Mrs. Fry and was attended
by many old time friends, despite
the bad storm raging. Rev. Wm. I.
Jones of Gunnison, preached a splen
did sermon. Flowers covered the cas
ket. The remains were borne to the
last resting place by H. C. Lucas,
Wm. Zuege, Len Cooper, Clarence
McLain. J. M. Flick, and Homer
Flick.
The Miner joins with the large cir
cle of friends in extending sincere
sympathy to the bereaved family.
SOME STORM
Pitkin Miner.
One of the worst storms to visit
this section in many years was that
which raged Sunday night and all
day Monday and into the night Mon
day. Snow fell steadliy most of the
time accompanied by a high wind
which drifted the snow hard and
deep in every direction.
The local train got in Monday af
ternoon as far as the water tank, but
owing to the tremendous amou.it of
snow banked in the yards at Pitkin
could not buck it with one engine.
Trains are reported stalled all
over the division and mails are de
layed in every direction.
A phone Tuesday morning from the
Hank Bright ranch on Taylor river,
gave the good tidings that all were
well. But Mr. Bright declared it was
one of the worst storms *he had ever
experienced in the park and that
the snow was piled high in all di
rections.
CATARRHAL DEAFNESS
U Often caused byan inflamed condition
Si * h ® mucous lining of the Eustachian
W s* n 1 * tube Is Inflamed you
have a rumbling sound or imp effect
Unles. the inflamm*u<ST c£n
" reduced, your hear'-.ig may be de
stroyed forever.
C *TARRH MEDICINE will
* we for it—rid your system
of Catarrh or Deafness paused by
Catarrh. HALL-8 CATARRH MEDICINE
«ucceaaful in the treatment of
for . OTer Forty Tears.
Sold by all druggists.
F. J. Cheney * Co., Toledo. O.
Somerset Squibs
Mr. Cribb of Rogers mesa, made a
trip up here Thursday.
C. .H Muhlesten has d’seontinued
■.he-shows until after the flu subsides.
Annie Mlakar went to Hotchkiss
Saturday to have some dental work
done.
The school stayed closed this week
os there is one or more sick in nearly
very house in town.
Mr. and Mrs. Ray Jones, who were
called to Utah several weoks ago, re
turned home Saturday.
Mrs. Tom Sierra and daughters.
Miss Helen and Mrs. Frank Hirdman,
were Paonia visitors Saturday.
Mrs. Robert Stoker is selling her
household furniture. She is going to
move to Trinidad as soon as possible.
Monday we encountered the worst
■mow storm we have had this winter.
About a foot fell and the wind blew
all day.
The ladies of the W. B A. did not
hold their regular meeting Friday
evening as nearly all the members
had the flu.
Martin and Orville HammOnd took
down with scarlet fever the last of
‘ast week. However, they are able
to be out of bed again.
Lavern Johnson is staying at the
home of Mr. and Mrs. Jess Gaddis
while the Johnson family is in quar
entine ,\y4h . scarlet fever.
Ragged Mt. Doings
Arthur Marten was up from Somer
set Sunday.
D C (7b drich was over from Lee
creek Thursday.
Harry Dingman was seen on the
streets rf Ragged Mt. Thursday.
Arthur Corkle of Sheep park, was
a Ragged Mountain visitor Thursday.
Mr. and Mrs. John Morrell of Pa
nia are spending the fortnight with
Mr and Mrs. Roy Goyn.
Bert Howard was up from Bowie
last Sunday looking after his ranch
ffnirs on the IX place.
We are happy to report the arrival
or a daughter at the home of Mr.
and Mrs. R. L. Howard.
Mr. and Mrs. J. T. Toland have re
turned to their rahch on the upper
Muddy, after a protracted stay at
Paonia and Delta.
Ed and Harlan Allison returned to
their ranch with a load of s£ed grain
after spending a feW days at their
parental home in Paonia.
Clayton McKriight and Dannv Mc-
Intyre of Hotchkiss, are spending a
fortnight in this vicinity endeavor
ing to trap the Wily coyote.
Messrs. Staley of Pittsburg, and
Sperry of Paonia, are getting out a
large amount of building timber and
saw logs for the improvement of
their prospective summer resort on
the Anthracite. .
Revenue Man Clothing
Please announce that T will be in
Crested Butte, March 5 4n<l 6, for
the purpose. Of assisting 'taxpayers in
making out’ their jncome fax Re
turns for the year 1922. Will be at
the Bank. Respectfully,
W. S. GRIM, Deputy Collector.
Slowing Down Production
“How do you like *the new hired
man?”
“I like him .first rate,” replied
Parmer Corntasael. ‘‘But I’ve got my
doubts about whether we can afford
to keep him. He talks so interestin'
about political economy and thing,
that everybody wanta to quit work
an’ listen.”
F isk Oyste r s
HALIBUT and SALMON
r
ItfXKIVKH EVERT FRIDAY
Colorado Supply Co.
( WIN VTinNS *1.50 I*Ell IIftZEN
ItOSKS $2.50 PFR ‘ DOZEN AND UP
swuY Peas *t 9.-, per buTNCh
Mrs. Jack Allison
PHONE 168-AV . TOMICHI AVE and PINE STREET
The Miller Funeral Home
William A. Wiese Snails M!ller Wiese
MORTICIANS AND UNDERTAKERS
eagle “mikado”- 1 N o. m
ASK FOR THE YELLOW PENCU. WITH THE RED RAND
eagle mikado
EAGLE PENCIL COMPANY. NEW YORK
THERE IS NO DEATH
There is no death. There are no dead
From zone to zone, from sphere to
sphere,
The souls of all who go from here.
By hosts of living thoughts are led.
And, dark or bright, those souls must
tread
The paths they fashioned year o n
year;
*Vr hells are built of hate and fear
And heaven of love our souls have
shed.
Across onatlafied worlds of space,
And through God’s mighty uni
verse..
With thoughts that bless, or thoughts
that curse,
Each journeys to his rightful place.
Oh! truer words no man has said:
“There is no death. There are no
dead.”
—ELLA WtfEELER WILCOX.
IGNORANCE THE ONLY DARKNESS
The fallowing were some of the ar
guments printed in a New England
paper in 1816 against gas Illumina
tion of city streets. They represent
the best and most serious thought at
that time.
1. A theological objection. Artifi
cial illumination is an attempt to
interfere with the divine plan of the
world which had pre-OriJained that it
should be dark during the night-time.
2 A medical objection. Emana
tions of illuminating gas are injuri
ous. Lighter streets will incline peo
ple to remain late out of doors, thus
leading to increase of ailment? by
colds.
3. A moral objection. The fear of
darkness will vanish and drunkenness
and depravity increase.
4. Police objection. Horses will
be frightened and thieves embold
ened.
5. Objection from the people. If
stieets are illuminated every nlfcht,
such constant illumination will rob
festive occasions of their charm.—
News Bulletin, Cleveland, Ohio.
No Flare to Boil It Then
At the bank of the Missouri river
one mile west, I questioned a man
who replied that he had heard noth
ing about Sitting Bull. I then asked
him whether it was true that they
drank the Missouri river water,
which was rolling by us like a tidal
wave of sand.
“NcV* he said, “we can’t do that,
but we often break off a piece and
suck it like molasses cahdy.”—Fred
Copeland in Youth's Companion.
Binks: “Why do you always drink
your coffee out of a saucer?”
Jinks: “Because if I drink it out
of a cup the spoon gets in my eye.”
GENUINE LIGHT AMBER ALFALFA
SWEET CLOVER HONEY
OntrUnteal Extracted; Strictly Cleai
And Pure
60-lb. Can, f.o.b. Paonia, $6.00;
36.75 prepaid Parcels Poet to 2nd
zone. 10-lb. Pail f.o.b. Paonia, $1.25;
prepaid Parcels Post to 2nd or 3rd
zone, $1.50.
Safe delivery and satisfaction guar
anteed or your money refunded. Ad
dress ALTON APIARIES,
Paonia, Colorado.