Morning appeal. [volume], February 10, 1906, Image 4

About Morning appeal. [volume] (Carson City, Nev.) 1877-1906

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fHE MORNING APPEAL CARSON CITY, NEVADA.
j
TheAtchison
Between San Francisco and Chicago
Via Albuquerque, and Kansas City.
Seeci Comfort
Pullman ?nd Dining Service Unsurpassed.
Passing through the Grandest Scenery of the West
F W Prince, Agent. C41 Market St. San Francis o Cal
5acraniento Saloon
ANDY TODD, Prop.
o
o
o
The best of liquid refreshments
aid
Go-ad Cigars are a part o our stoc'-c
O
f The Eagle Market
Our Meats are the best, if you are not
satisfied with the place you are trading
call on usOur motto is "Theg Best."
A pleased patron means a steady cus tomer
The Eagle Market
HfrH.
ANNUAL STATEMENT
Of The Home Insurance Co. of New4
York.
Capital (paid up) $ 3,000,000 00
Assets 21,239,052 SS
Liabilities, exclusive of capi
tal and net surplus 9,518,551 54
Income
Premiums
Other sources
Total income, 1905
Expenditures
t Losses 4,240,249 43
'Dividends r 600,000 00 ;
Other expenditures . . 3,032,720 90 i
Total expenditures. 1905 7.872.970 35 '
1
Business, 1905,
Risks written
l,30,688,280 00
Premiums thereon ... 13.244.369 17
Losses incurred 6 137 946 32
kj,j, - . ' '
1
Risks written
iis.rfau ou .
premiums received . . 7,150 53
Losses paid 1,983 84
Losses incurred 1,983 84
A. M. Brutis, Secretary?
W-
ANNUAL STATEMENT
Of Business of the Nevada Co. for 1905
RecePts $132,652 60
Disbursements 147,864 57
X. M. Hiskey. Cashi.r
SPECIAL EXCURSION FROM SAN
FRANCISCO TO CITY OF MEXICO
AND-RETURN. DECEMBER 16th,
i 1905.
A select party is being organized Ly
the Southern Pacific to leave San
Francisco for Mexico City, December
16th, 1905. Train will contain fine
vestibule sleepers and dining car, all
the way on going trip. Time limit
will be sixty days, enabling excursion
ists to make side trips from City uf
Mexico to points of interest. On re
turn trip, stopovers will be allowed at
points on the main lines of Mexican
Central, Santa Fe or Southern Paci
fic. An excursion manager will be in
charge and make all arrangements.
Round trip rate from San Francisco
$80.00.
Pullman berth rate to City of Mex
ico, $12.00. ,
For further information address 'a
formation Bureau, 613 Market street.
San Francisco1 Cal.
For Bargains In toys go to Wiard's
where every article is cut to cost
price.
Dill and sweet pickles, India Relish
Chutney Picalilli and Chows, all
Heinz goods, best on earth, to be had best samples ar ?oce. Hp gog&n
at Meyers Merc. Co. tee3 a fit or no pay. jifel&i.igg;jr
Topeka
And Santa Fe
!
and Elenance s
i
i
x t
A
4
4
4
4
O
0
9
always on tap, including imported )
domestic goods.
e
9
You never make a mistake at the old corner.
o.
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j
It I
t
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.
' Notice of Application for Permission
to ADDrODriate the Public Waters of :
the State of Nevada.
Notice is hereby g iven that on tiri
12th day of Sept., 1905, in accordance
with Section 23, Chapter XLVI, of the
Statutes of 1905, one Philip V. Mighels
and Frank L. Wildes of Carson,
Couaty of Ormsby and State of Ne-
I vada, made application to the State
,io.D-8 4J i Engineer of Nevada for permission 101 insufficient, nor shall the trial, judg
853,478 l i ' appropriate the public waters of the ment. or the proceeding thereon, be
9,639,006 63 State of Nevada. Such application to affected, by reason of any , defect or
ibe made from Ash Canvon creek at imperfection in matters of firr::,
points in N E of S W of section
10 T 15 N R 19 E by means of a dam
and headgate and five cubic feet per
second Is to be conveyed to points
in N E of S W of section 11.
T 15 N R 19 E.. by means of a flume
and pipe and there used to generate
electrical power. The construction
satd works sna" begin before June
jl, 1906, and shall be completed on rx
I heforo Inna 1 1Q1T Tt ,.. u-ti
be acluaiiy applied to a beneficial use
on or before June 1, 1903.
Signed:
HEJ....Y THURTELL,
State Engineer.
SCHOOL APPORTIONMENT.
STATE OF NEVADA,
Department of Education,
Office of Superintendent of Public In
struction,. Carson City, Nevada, July 11, 1905
To the School Officers of Nevada:
Folowing is a statement of the sec
ond semi-annual annortionmen t of
School Moneys for 1905, on the basis
of $6.990202 per census child:
Counties children Amt.
Churchill 135 $ 943 68
Douglass 317 2,215 JO
Elko 1,120 7,829 02
Esmeralda 17 1,516 S7
Eureka . 389 2,719 20
Humboldt .741 -
Lander ..... 318 21:.
Lincoln 76ft
Lyon ,....499 &fts
Nye &5S
Ormsby .' ,l"
Storey 939
Washoe '. 2,412 16,860 36
White Pine 525 3,669 Si
Total 9,430 $65,917 61
VV
Joe Piatt has received samples of
tailor made suitings which are, with
out doubt the finest ever shown in
this city. A number of suits have
already been made and they are per
fect fits in every case. Get yo.r
measure taken and do it before toe
IN THE SUPREME COURT OF THE
STATE OF NEVADA.
Appealed From the Fourth Judicial
District Court, Elko County, Ne-
vada.
The State of Nevar"
Plaintiff and Tic ponient,
against
Paul Lovelace,
Defendant and Appellant.
Attorney General James G. Sweeney,
Attorney fcr State.
;
!
Wm. Woodburn, Attorney for Appcl-
lant
nofondant onnoah frnm inrl o-mfrnt i
rendered against him in the District! the cuthi dty mentioned seen that
Court in and for Elko county tor the even under the common law to over
crime of burglary: and he assigns two I tbmw ,h"' i"'otmpnt would seem too
reasons why, as he claims, judgment ; rigid an interpretation.
should be reversed.
First, the insufficiency of the in
dictment on which the judgment was
based : and
Second, the absence of corrobora
tion of the testimony of an accomplice
vo toctif'-xi loijict tho defendant.
Under the first head the point ma-'-
if- cn 'l.e imrte-r interpretation of the I
following clause in the indictment: j
"Tbe ?jud PiujI Lovelace on the 11tn j
j day of May, 1904, ir the night time of!
said day. or thereabouts, in the County j
i of Elko, Stp.te of Nevada, without 'n a-! ci' about $2400. and buried it a short.
I thority of the law and before the find-, distance from the scene of the crime
' ing of this indictment, did wilfully, ! Appellant claims there was no tesli
: unlawfully and burclariously br'ealt-( mony corroborative of tl;-t of Ress.
j snd e-iter 'he bunding of one Alexaa-' and that a conviction could not be
der Bun-ell.' j had."
Counsel for defendant in his or j In this contention Counsel is. we
tlieir b-ief. if an unsigned paper in the . tuink, clearly mistaken. Besides
' usual form of a brief found among In-3 j minor points of coroboration, not nec-
papers in the case as they appear tiled j essarv to be mentioned here, the tes-
in this court
is by us treated as a
briew. say: i
"Appellant claim that this Indict- ,
meut is not eood at common law. be-
cause the words 'or thereabouts', re-
into tr nvl nnalifv the words 'rtio:it :
timeV". .This 'question was not raised
in the court below, but is here pre-
sonted for the rrst time.
The question is not whether the in -
dictment would be good "at common
law": it is whether it is good under ( Davidson further testifies that the de-j'y licensed; and prcvicea Turtne ,
the statute of Nevada that governs 1 fendant was trying to dispose of tliejiLat the license imposed by this Or
the subject. The subject is govern! ainaliim, the thing stolen: and aslc- dinance is or reVenue only, aui
indictments:
Section 4199, Compiled Laws. 190,,
provides that the indictment shall
contain " a statement of
the acts constituting the offense, in
ordinary and concise language, and in
such manner as to enable a person -.f
common understanding to know whit;
is intended.'
Section 4206, Compiled Laws, 1900.
has the following: "The words used
in an indictment shad be construe.!
in the usual acceptance in-common
language, except such words and
phrases as are denned by law, which
are to be construed according to their
legal meaning."
Section t20S, Compiled Laws, 1900,
provides: "
Sixth That tne act or omission
charged as the offense is clearly and
distinctly set forth in ordinary and
concise language, without repetition,
and in such a manner as to enable a
person of common understanding tr
know what is intended "
Section 4209 is as follows:
"No indictment shall be deemi
which shall not tend to the prejudice
of the defendant; "
The foregoing enactments show that
it was the intention of the legislature
of Nevada that in construing indict
ments the courts should not indulge
1 . k... ,,f t -
in a too-exact and over-nice view
' .JL. . C". A,,
rpnnlroH
True, in the paragraph of the In
dictment under discussion, there is
something of a departure from the
best models of grammatical, rhetori
cal or linguistic expression. But we
think the paragraph meets the
requirement of the statute that "the
acts constituting the offense should be
charged in ordinary and concise lan
guage, and in such manner as to ena
ble a person of common understand
ing to know what is intended." To
hold the indictment not fatally bad is,
we think, to keep within the statn
tory command, as expressed above
in section 4206, or at least not to dv
part too far from such command, to
wit. to construe ' in the usual accei
tance in common language."
We think the defect of the indict
ment complained of was such as in the
language of Section 4209, above quot
ed was a "defect or imprefection in
matter of form, which did not tend
to the prejudice of the defendant."
The language of the indictment
could doubtless be m?-de more accu
rate; but we rh'tik it is not fata11y
defective. In brief of Counsel for de
fendant the following correction is of
fered: "If the words 'or thereabouts' had
been inserted after the words 'on the
11th day of May. 1904'. the indict
ment could not be the subject of criti
cism or assault."
Perhaps the following phraseology
might be considered an improvement
on the phraseology of the indictmenr:
The said Paul Lovelace did in the
night time of the 11th day of May,
1904, or in the night time of some
day thereabouts the said 11th da
of May, 1904, enter, etc.
Said Paul Lovelace did, in the night
time, on or about the 11th day of
May. 1904, enter, etc
might perhaps be Considered a littie
better collocation of words, although
Miis is something of a departure from I
the frrm sufrs-ested in the statute con
cerning the form of indictments.
Thit mere erammatica!. punctuv
Monal (if verbal "free coinage" may
ie allowed), rhetorical or linguistic;
frrrr does not a'wqys vitiate is f'Pv
"ustained by decision of conns nnd
xt writers. The following nctablv
xcellent authority is cited to
.aia this doctrine:
T
n . 1 m T n n .
(Cyc.) vol. 6, page 199; and authori-;
ties there mentioned.
While this indictment, in the respects
mentioned is in truth inartistically
drawn, yet under the statutes and the
authorities above stated, we cannot
say that it is fatally defective. The
sections of the statute above quoted
show that the legislative intent was
that the courts of the State should
give interpretations liberal to sustain
rather than rigid to overthrow indie '
ments when, as in this case substan
tial rights of defendants are not ther j-
by prejudiced
nd as we have trom
Under the second head the error
' claimed is stated in the brief of Coun
( sel for defendant as follows:
"On the trial of appellant the de
i position of one Ross, taken at the pre
i liminary examination was read in
! evidence, because he broke jail and
I escaped before the trial and his pres-
ence could not be procured,
"He testified that he and appellant
entered the store of Alexander Ilurrell
on the day named in the indictment.
stole a lot of amalgam of the value
tuaony ot the witness . J. Davidson
corroborates, the testimony of the ac-
complice Ross. Davidson testifies thit
the defendant requested him (David-
son) "to help him rob the store at j
Ediremont". that is the store that wasi
robbed. Davidson further testifies
J , that the defendant "told him he would j
'have got the amalgam if something ,
j had not happened'" the amalgam was'
the article stolen in the robbery.
am I going to do about that daranod
stnn
If this testimony was true, and Its
truth was a question entirely tor the
jury, there was corroboration of the
testimony 01 tne accomplice n.uas.
Defendant fails in sustaining either
of his two points urged in argument
for the reversal of the judgment.
The judgment is therefore affirmed.
Fitzgerald, C. J.
We Concur:
Talbot, J.
Norcross. J.
Filed January 4, 1906.
UlIllHnilli!!!!!!
TOURIST EXCURSION PARTIES T3
THE EAST.
Over the Scenic Line f the World.
If you are going east and want to
save money, yett fSrel with pleasure
and comfort it wi 1 pay yott to !h-
vest our personally conducted tourist
excursions. The parties are in charge
t'f a Manager who accompanies the
cars through t oSt, Louis, Chicago
and tho Atlantic Coast and gives his
personal attention to the welfare of
each passenger in his charge. Tho
schadules are arranged so you pass
thuugh the world-lamed scenery on
the Denver and Rio Grande Railroad
by daylight. Opentop Obeservatlon
cars (something entirely new) are
free to all passengers. Let us know
where you are going and we will
be glad to five you full information
about your trip, the lowest rates of
fare and send you free of charge some
handsome illustrated books of travel.
W. J. SHOTWELL,
General Agenr.
625 Market Street, San Francisco, Cai.
0-0
Cattle and Horses.
The City Marshal gives warning
that all loose stock founu on the
streets from tills time on will be em
pounded. A strict attention to thla
narties owning stock will take warn
city ordinance will be enforced and
tags Empounding fine will be impos
ed In every case.
Wm. Kinney.
Marshal.
LADIES: I make from $18 to $30
per week and want all to have the
same opportunity. The work is very
pleasant and will pay you very hand
somely for even your spare time. I
speak from experience as I have fre
quently made $5.00 in a single day.
This is no deception. I want no
money and will gladly send full par
ticulars to all. Address,
MRS. W. W. MITCHELL.
Box. 10, Portland Maine.
Notice to Hur.tetrs.
Notice is hereby given tha an
person found hunting without a permit
on the premises owned by Theodcc
Winters, will be prosecuted. A 11b
ited number of permits vill bo sold
at $5 for the season or 50 cents for
one day.
' A. C. WINTERS.
Take a look at the new ties that
are being shown at Piatt's.
Wiard is clos'ng out his $20,000
'
'
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stock at a sacrifice. This is an oa-
portunity for Christmas shoppers.
Liberal Offer.
I beg to advise my patrons that the
price of disc records (either Victor
or Columbia, to take effect imme
diately, will be as follows until fur
ther notice:
Ten inch disks formerly 70 cents
will be sold for 60 cents.
Seven inch records formerly 50c.
now 35c. Take advantage of this of
fer. C. W. FRIEND.
o-o
ORDINANCE NO. 112.
Or. Ordinance 'for the Licensing of
Games and Gambling Devices in
Carson City.
The Board of Trustees of Carson
City do ordain:
Section "1. Each and every person.
firm, company, corporation, or asso
ciation within the limits of Carson
City, who shall carry on as agent-,
manager, owner or proprietor, any
game of faro, roulette, ronio, keno,
or any other game not prohibited by
the statutes of the State of Nevada,
r who shall carry on or opeiate any
nicl-e in-the-slot-maohine, or . who
shall carry on or conduct any bank
ing game played with cards, dice or
other device, whether the same be
played with money, checks, credit t
any other valuable thing or repre
sentative of value, shall pay for and
obtain a city license to carry on sus'a j
game, and s.hall pay or each license
twenty-five dollars ($2.00) per momh
provided ,that when more than one
of said games are carried on in the
same, roi m or apartment, whether
bv the same or different owners, eaca
" . ,
Same so carried on sha.l be separate-
' . v.. ,
' suppression or regulation.
Section 2. The provisions of this
1 Ordinance shall apply to all time
j Qn and after October 1, 1905.
Section 3. Ordinance Number 53
and all other ordinances or parts of
Ordinances in so far as they conflict
with the provisions of this Ordi
nance are herby repealed.
President of the Board of City Trus
tees of Carson City, Nevada.
Attest:
H. B. Van ETtten, Clerk.
0FF,C,AL C0UNT F 8TAJJND.
STATE OF NEVADA. '
County of Ormsby, 8. I.
W; G. Douglas, and James
(j. Sweeney, being duly sworn,
say thpy are members of the
Board of Examiners of the State cf
Nev., that on the 29th day of Jan. '03
they, (after having ascertained from
the books of the SHate Controller thai'
amount of money that should be in
the Treasury) made an offcial exami
nation and count of tbe money an I
vouchers for money In the State Tre
asury of Nevada and fouDd the sann;
correct as follows:
Cain $288,280 '4
Paid coin vonchers not re
turned to Controller 111.112 18
Total 399.392 32
State School Fund Securities.
Irredeemable Nevada State
School bond 380,000 00
Mass. State 3 per cent
bonds 537.000 00
Nevada State Bonds 253,700 00
Mass. State 3 per cent
bonds 313,000 00
United States Bonds 515 00ft 00
Total 2.098,092 9-'
W. G. Douglass
James G. Sweeney
Subscribed Snd sworn before me this
2"9th diy f January, A. D. 1906.
J. Doane,
Notary Public, Ormsvy County, Nev.
ANNUAL iTATEMEN
Of The State Life Insuftinoe Comiu!
Indianapolis, Ind.
Capital (paid rp) nont
Assets (admitted) 3,160,083 3i
Liabilities, exclusive of cs
tal and net surplus i.615,4'57 t3
Income
Premiums - -'.O4(i,90l 77
Other sources 197.125 01
Total Income, 1S04 2,224,032 78
Expenditures
Losses 300,902 63
Dividends 65.240 11
Other expenditures 1,050,102 76
Total expenditures, 1904
1,416,245 56
Business, 1904
Risks written 23,276,143 00
Premiums thereon 805,648 06
Losses incured 316,885 00
Nevada Business.
Risks written 10,000 00
Premiums received 2,832 43
Losses paid 5,000 00
W. S. Wynn Secretary.
ovc
New lines of footwear u ; arnv:
daily at Ed. Burlington's 3:: S?.m
He has been consider'- : .i'ver,,
by delay in freight '.1. ra. ; ":
riving daily. You r-..l .'.i.
est and best lines : Rb---ried
In his store an. nri2ejs irt u
ways rne lowest. You an
save
money by purchanng footwear
hi3 store
-a
OFFICE COUNTY AUDITOR
Ormsby County, Nevada.
To the: Honorable, the Board of Col
ty Commissioners. Gentlemen:
In compliance with the law. I
herewith submit my quarterly ro
port showing receipts and disburse
ments of Ormsby County, dr.rmg
the quarter ending Dec. 150, l'j5.
Receipts.
Balf.ne in County Treasury at
end of last quarter $4023 SG-'fc
County licenses 701 05
Gaming licenses 1057 50
Liquor licenses 310 20
Fee of Co. officers 531 40
Rent of county bids 250 00
Poll taxes C20 40
1st. Instalment taxes 14924 21 H
Special school tax 1710 90 -
Slot machine license 282 00
Cigarette license 42 30
Semi-Annual Set. State Trea3 531 78
Delinquent taxes 23 80
Sale of horse 10 00
Pale oi' pump 13 f0
Keep of W. Bowen 43 00
Total Cl,u77 30
Disbursements.
I State fund ?M2
I General fund 2732 32
Salary fund 2390 00
Agl Assn. Bond Fund, Series
A, $100.00 250 00
Agl.' Assn. Bond Fund, Series
D $100.00 400 00
j Co. School Fuu.1. Dist. 1 3SS 93
Co. School fund, Dist. 2 151 20
Co. School fund Dist. 3
Co School Fund Dist. 4..
.30 70
.24 00
State School fund, Dist. 1..2ti05 00
State scht-ol fund. Dist ;
State School fund, dist. 3
State School fund, Dist 4
Sytecial building
School library, No. 2...,
Total
. ..K.O 00
.. .VJl 00 1
...163 00 '
..5850 00
86 00
21,968 59 K
Re p!.ul3tion.
Cash in Treasury October 1903 i
40023 36"i
Receipts from Oct. 1st to Dec
30, 1903 21054 00 'j
Disbursements trom Oct. 1st
to Dec 30, 1905 21968 59'. '3
Balonce cash in County Treas.
January 1, 1906 ?9108 77
Respect?ullv submitted,
H. D1ETERICH.
(vunty Auditor.
Recapitulation -
State fund 103 8,5
Generaf fund 3'
Salary fnd 2723 7$ ,
Co. Schooz fund 3248 71
Co. Schood Dist. 1, fund.. 7638 22
Co. School ffcst. 2, fund 139 64
Co. School Drt. 3. fund 190
Co. School Dist. i, tuni 425 aS
State School Dist. I. fund... 1608 0
State School Dist. 2", fund 77 51
State School Dist. 2. fttfid. . 3
State School Dist. 3, funA,,..Tl
State School Dist 4, fud 131 if
Agl. Assn. Fund A 68fl Sf-
Agl. Assn Fund, B 86 80
Agl. Assn Futfd Special. . .1918 94.
Co. School Dist. fund special
13735 t.
Co. School Dist. fund 1, library"
108 4
Co School Dist. fund 3, library "
9 14 ;
Co. School Dist fund 4, library i
.6 id
Total
39109 TiYa
Respectfuly submitted
H. B. VAN ETTEN
County Treasurer
MILLARD CATIJN, K
Hauling,
1 '
Freighting ;
Draylj f
Trunks and Bsga--taken
to and delivered 3X
all trains. v
it a
SV4
Ho. For the West-
Tell your friends that the colonist
I rates are going into effect March lnr.
I 1905 and expire May 15, 1905. Th
rate from Chicago, 111. $31.00, St. Louis
Mo., New Orleans, La, $30 00, Coun
cil Bluffs la., Sioux City. la., Omah,
Neb., Kansas City, Mo., Mineola, Tex
as and Houston Texas, $25.00. Rates
apply to Main Line points In Califor
nia and Nevada.
svs
For Saie.
Two quartz wagons, one wood and
one low wheel wagen, also harness for
at, six horses. House, tarn and fte loi
ppiy at Adam Be. MM3- Cftf. Ner.
Quarterly Report.
1