DAILY ARIZONA SILVER "BELT
Friday, March 18, 1910.
Also Question oC Whether
Husband Is Personal
Property of "Wife
UNIQUE CASE NOW
BEFORE HIGH COURT
Originated Over Action of
Mule in Loitering on
WASHINGTON', D. C, March 17.
Whether n husband inny ho considered
tlio "personal property" of his wife,
and' whether tho ' ' Blow-1'ost law" of
Georgia is eonatitutional are two of the
questions at stako in tho unique suit
of Mrs. Josephine King, of Georgia,
against tho Southern linilwny company,
argued today bctoro tho supremo court
of the United States. Jt comes up at
a time when tho only bachelor justice
of the court. Justice .Moody, is too ill
to consider tho case.
The suit is for damages, arising out
of a railroad accident. In tho autumn
of 1003, Mrs. King, her hnslmnd, A. 0.
King and hor daughter, Miss Inez King,
wore riding along n country road in
Georgia behind a initio. A high bank
obscured tha view of tho tracks of tho
Southern Ifailway company just nhead
of tlicin. As tho nuilo got squarely uji
on the track, a through passenger tram
from Washington to Atlanta struck it
and tho buggy, killing King, and injur
ing the wife and daughter. Mrs. King
got damages from' tho stato courts for
injuries to her person. She also sued
on tho death of her husband. It is this
suit which was argued hero today bo
1'oro tho supremo court.
In the lower court, tho railroad con
tended that tho recovery in tho state
court for injuries to hor person estopped
Mrs. King from maintaining an action
for tho death of her husband. Tho cir
cuit court of appeals for tho fifth cir
cuit in passing on the judgment or Mrs.
King for $3,230 'for tho death of her
husband, considered tho argumont by
"Tho contention is inado that tho in
juries to tho person of the, wifo and tho
loss occasioned by the death of her hus
band," said tho court, "constitutes a
single cause of action and that separate
actions will not lie. This contention
appears to bo seriously made, but in tho
practice and procedure of tho soveral
states it would appear to bo a legal nov
elty without law or precedent. If it bo
conceded that tho deceased husband was
tlio 'personal property ' of the plaintiff
herein, then the contention would bo
supported by tho decisions of cvory stato
court but one.
"Where injuries to tho person and
tho physical property of tho injured
party occur out of tho singlo tort, then,
and in that event, tho tort to tho per
son and tho property constitutes a single
cnuso of action and as previously sug
gested tho same would be presented in
singlo suit. This is tho Knglish view
and tho holding is the same in all Amer
ican courts with one exception. The
declaration that tho husband is tho
'personal propertv' of the wifo has not
as yet received tho sanction of court or
text writers. Tho rulo as to n singlo
cnuso of action has no application whero
tho injury is suffered in a different ca
pacity or by different persons.
Tho "personal property" question
was not dealt with by tho counsel for
the railroad in a brief in tlio case sub
mitted to the supremo court before tho
argument today. Tlio railroads' fight
beforo the supremo court is on tjio con
stitutionality of the "Blow-Post Law."
At tlio timo of tho accident, tlio trial
court held tho railroad negligent be
cause it was violating this law. So it
became material for the railroad to
show that the law was not valid.
The law was passed in 1852. "I have
found nothing like it any whero else,"
said John J. Strickland, counsel for tho
railroad in his brief. It requires a rail
road engineer to blow his whistle from
a blow-post -1U0 yards trom every high
way crossing nutil he arives at the road,
and to simultaneously check and keep
checking tlio -speed of his train, so as
to stop in time should any person or
thing bo crossing tho track on tho high
way. Tlio railroad contends that tho statute
imposes an unreasonable burden on in
terstate commerce. It is said, for in
stance, that it would require twelve
hours for a train to run from Atlanta to
Macon, Ga., a distanco of about 100
miles, if tho statuto wero obeyed
Iteuben It. Arnold, for Mrs. King,
claims that tho constitutionality of the
law was not attacked properly. Fur
thermore, if tho railroads would avoid
tho consequences of tho law, Ho says,
they may eliminate grado crossings. Ho
suggests" that tho law is a valid exer
cise of the police power and should he
applifablo to an interstate train, because
tho one is just as dangerous to life nud
property in running over, grado cross
ings as tho other.
For Over-Eating ana Drinking Noth
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upset, sick feeling. 1'alaco Pharmacy.
SINKING NEW WELL
W 5 COMMENCED
City Will Sink Prospecting
Hole in Search of New
Fully nine out o every fen cases of
rheumatism is simply rheumatism of
tho muscles duo to cold or damp, or
chronic rheumatism, neither of which
requiro any internal treatment. All
that is needed to afford relief is tho frco
application of Chamberlain's Liniment.
Give it a trial. You arc certain to bo
pleased with tho quick relief which it
affords. Sold by all druggists.
Tho work of sinking the new city
water well at tlio pumping plant south
of tho city was commonced yesterday
and beginning today, tho new well will
bo sunk continuously until the strata
underlying the Gila conglomerate has
been explored, in an effort to increaso
the water supply of this city.
A thirteen-inch drill will bo used at
the start of the new well nnd tho well
will bo bored as deep as possiblo at
this size. If necessary, the well will bo
cased and a smaller bit used for deeper
boring, but it is thought that tho well
may be sunk through the conglomerate
at its original size.
I). Wyant, pumpman at tho citj' water
works, who has chargo of the drilling
operations, stated that the drilling ma
chinery was put to work in good shape
and that tho new well will be sunk
without diflicitlty to tho required depth.
Only one shift was run on tho drill
yesterday, as it was thought best to
have everything in good working order
before tho night shift is started.
Owing to tho fact tliat tho depth at
which tfic conglomerate terminates, is
not known, an estimate of tho time nee
essary to complete tho well cannot bo
made, but barring accidents, tho well
should be completed before tho summer
PROM STOMACH OR
No Dyspepsia, Heartburn,
Gas or Headache Five
HAS NEW OWNERS
Perry and Henderson Pur
chase from Sanders
Send somo of the Special Mining
Editions of tho Silver Bolt to your
friends abroad. A few loft at tho low
price of 25 cents each.
Tho Wellington saloon changed hands
yesterday, when D. .1. Perry and Tom
Henderson purchased the interests of
Lon and Bed banders, who with Perry
have made up a partnership which has
controlled this saloon tor the past scv
Pcrrv and Henderson purchased tho
interest of tho SVuulers brothers, in
cluding their share of two-thirds ol
the stock on hand for $1,500, it is said,
in addition to assuming all obligations
or tho concern.
Tho Wellington was formerly owned
by Starr & Itogerr. Perry and the
Sanders brothers having purchased the
resort last tall.
Send somo of tho Special Mining
Editions ol tne silver iseit to your
friends abroad. A few loft at tho low
price of 2.1 cents each.
McKlroy for framing pictures.
HERglfTOE iS S
"It's the Baking Powder, not much lilie your old-style Kind
that cost three times as much and wasn't half as good."
"Well, it's just wonderful. Everything you make is light as a feather and
the best I ever tasted. In my time, I thought I was a fine cook when I could get
a cake to look like that. And to think it always comes out right! How foolish
I've been to stick to the high-priced kind, forty or fifty cents a pound and no
better than they were fifty years ago!"
Baking Powders have improved along with everything else in the last
fifty years. We guarantee that today the Best at Any Price is
The modern, up-to-date leavener, the summit of perfection in Baking Powder.
If you don't like it better than any other, your grocer will return your money.
Guaranteed to comply with all Pure Food Laws Purity
Guaranteed to please you best Satisfaction
Guaranteed to save you money Economy
No "Trust" prices, a 25-ounce can for 25 cents.
Get a can on trial from your grocer; get it today.
If your meals don't fit comfortably,
or you feel bloated after eating and yotf
believe it is tho food which fills you; if
what little you cat lies liko a weight on
your stomach; if there is difficulty in
breathing, alter eating, oxcrutations of
sour, undigested foor and acid, heart
burn, brash or a belching of gas, you can
make up your mind that you need some
thing to stop food fermentation and cure
To make every bite of food you cat
aid in the nourishment and strength of
your body, you must rid your Stomach of
poisons, excessivo acid and stomach gas
which sours your entire meal iatorfcrcs
with digestion and causes so many suf
ferers of Dyspepsia, Sick Hcdacho, Bil
liousness, Constipation, Griping, etc.
Your case is no ditterent you aro a
stomach sufferer, though you may call it
by somo other name; your real and only
troublo is that which you cat does not
digest, but quickly ferments and sours,
producing almost any unhealthy condition.
A ease of Papc's Diapepsin will cost
fifty cents at any Pharmacy here, and
will convince any stomach sufferer five
minutes after takinc a sinclo doso that
Fermentation and Sour Stomach is caus
ing the misery of Indigestion.
No matter if you call your troublo Cat
rrh of the Stomach, Nervousness or Gas
tritis, or by any other name always
remember that a certain euro is waiting
at any drugstoro tho moment you do
cido to begin its use.
Papo's Diapcpsin will regulate any
out of order Stomach within five min
utes, and digest promptly, without any
fuss or discomfort all of any kind of
food you eat.
Concrete walls. Globo Brick & Con
Newly Furnished Throughout
Mi x. bkoad j Lantin House
S44J Kcnti aai Bio In
If eXrMH 0. Thn 1X21
Baths In Connection.
ICO W. Push St. Phone 1952
Mrs. A. J. Leonard
445 N. BROAD
Good Meals Beat Serrtc
Prlrato Boom for Liditi
GIN & 00., Frojs.
FOR GOOD RESULTS
Give Your Bills to
GLOBE OFFICE BLDG.
Real Estate i
168 N. BROAD T.
f OX BAXGAIKI
Watch our adYrtisement
n Pas 7.
L. Tcombi, Kasafti
The Rexall Store
DAT AXD XIGXT
McElroy for best painting materials.
Julia Marlowe is to appear in London
again, probably beforo tho end of tho
Augustus Thomas, author of "Tho
Harvest Moon," now on tour, wroto
his first play at tho ago of fourteen.
Whon Charles Frohman produces
"Chauteclcr" in America, Miss Maude
Adams will nppenr. in the title role.
During tho coming season Mr. Froh
man will produce in London a new dc-tective-thicf
play called "Alias Jimmy
Miss Mabel Taliaferro is using Wil
liam Butler Yeats, "Tho Land of
Heart's Desire" as a curtain raiser this
James IC Hackctt will revive "Mon
sieur Beaueaire,"- in which tho lato
Richard Mansfield appeared with great
success nine years ago.
It is reported that Mr. Charles Froh
man has secured both tho Knglish and
American rights of Sir Arthur Wing
Pinero's next play.
For the cast of "Tho Fruit of Div
orco" in which Arnold Daly is to star,
Miss Hilda Spong and William Hawtrey
have recently been engaged.
Holm Hyams and Miss Lelia McTn
tyro began rehearsals last week for
a now musical comedy in which they
will star under the management of W.
Charles Klein has returned to his
country home at Itowayton, Conn., lo
complete the now play which ho is
writing tor tlio use ot -Miss Hoso Stahl.
The receipts of "Chantecler" aro
running to $;i,000 a night in Paris. Ros
tand gets one-tenth, which ought to con
solo him for the cuts in the dialogue.
"Tho Trial of Jeanno d'Arx" will
bo tho most conspicuous feature of
Mine. Bernhardt 'a repertory for her
next American tour which will begin
somo timo next autumn.
"Israel," with Constance Collier,
Graham Browne, Kdwin Arden and the
complete New Yoik production, is tour
ing the middle west on tho way to
'Miriam Nesbitt, who plays Beth El
liott in "Tho Traveling "Salesman,"
was tho original Jessica in "Border-
side," which was produced at tho'Lyco-
iim ineaier, isew lorK, on April M,
Richard Carle will appear next month
in "The Echo," a musical comedy by
Deems Taylor and William Lo Baron.
William Rock, Miss Maude Fulton and
Frank 'Lalor hnvo also been ciiL'.'iired
for that production.
l'aul Armstrong, in collaboration with
Wilson Minzer, lias completed another
piny for Liebler & Co.. for earlv fall
production. Tho title is "In the Deep
Purple," and the play deals with a cer
tain pnase ot tho underworld.
Preston Gibson, author of "Tho Turn
ing Point," has completed nrrnniA'-
ments with the Shuberts by which he
will produco next season a new ulav
on tho life of Lola Montez, the Spau-
isii-irisn adventuress, who was lamou3
iiiMiiu tne middle ot the Jast century.
Another operatta by Franz Lobar,
composer of "The Merry Widow," will
ne piesenied tins spring by the Bhu
borts. It is called "Tho Man with the
Three AVives" and is said to bo oven I
moro spicy than "The Merry Widow."
ram rotter will make the adaptation.
Furnished rooms for housekeeping.
231 South Broad street.
N. Broad St.
Aro you frequently lioarso? Do you
havo that annoying tickling in 3-our
throat? Does your cough annoy you at
night, and do you raiso mucus in the
morning! Do you want relief? If so,
take Cnamberlain's Cough Remedy and
434 N. Broad
JOE F. MAYER
Chong & Co.
Independent Order of Odd Follows, Gila Encampment No. S Meets
second and fourth Fridays. Odd Fellows' hall, A. H. Ilargrave,
chief patriarch; C. A. Wind, scribe.
Bescuo Lodge, No. 12, I. O. O. F. Meets every Wednesday, Odd Fol
lows hall. Barney Johnson, noblo grand; E. L. Taylor, financial
Bebcknh Lodge, I. O. O. F., Sultana Lodge No. 5 Meets second and
fourth Mondavs, Odd Fellows hall. Mrs. May Plunkett, noblo
grand; Mrs. M. K. Wiley, secretary.
Benevolent Protective Order of Elks, Globe Lodge No. 489 Meeti
first and third Fridays, Odd Fellows hall. B. G. Goodwin, E. B.;
J. G. Oldfield, secretary.
Fraternal Order of Eagles, Globe Aorie No. 191 Meets second and
fourth Fridays, Miners' Union hall, 7:30 p. m. A. W. Sydnor,
worthy president; J. A. Pinyan, secretary.
Improved Order of Red Men, Tonto Tribo No. 13 Meets Tuesday
night of each week at 7:30 o'clock, Fashion hall. L. S. Parker,
sachem; G. II. Abel, C. or R.
MODERN WOODMEN OF AMERICA
Modern Woodmen of America Globe Camp No. 12019 Meets second
nnd fourth Thursdays, 7:30 p. m., Miners' Union hall. J. W.
Murphy, consul; E. L. Taylor, camp clerk.
ANCIENT ORDER UNITED WORKMEN
Globe Lodge No. 15, A. 0. U. W. Meets at Miners' Union hall trt
and third Thursday each month. W, T. Penrose M. W.j L. N,
Man, Recorder; F. L. Gates, Financier.
GLOBE LABOR UNION DIRECTORY
AMERICAN FEDERATION OF LABOR
Branch American Federation of Labor Meets second and
fourth Mondays in Union Labor hall. H. D. Green, president;
F. H. Myers, secretary; M. F. Smith, treasurer.
CARPENTERS AND JOINERS
Local Union No. 1030 United Brotherhood of Carpenters and Joiners
of America. Meets each Thursday at Urion Labor hall at. 7:30
p. m. William Hayes, president; C. D. Olds, treasurer; F. W.
Tcnbrook, financial secretary.
Globe Miners' Union No. GO. W. F. M. Meets every Tuesday at 7
p. m. M. II. Page, president; William Wills, secretary; J. R.
Watson, special organizer.
Globe Typographical Union. No. 367. Meets first Sundav In each
month at 3 p. m. Harry H. Eads, president; Carl F. Holdsworth,
Store and Offlco Employees' Union. Meets 4th Wednesday night each
month in Carpenter's hall, at 7:30 p. in. W. T. Wright, presi
dent; T. E. Collins, secretary.
.Journeymen Barbers' International Union of America. Meets last
Tuesday in wh month at 8:30 p. in., Newport Barber hop. Sol
Flora, present; Otto Perdue, secretary.
Bartenders' International League of America, No. 612. Meets first
and third Thursdays in Union Labor hall. II. E. Fox, president;
Tom Henderson, secretary-treasurer.
Brotneihood of Painters, Decorators and Paper Hangers of America,
No. 217. Meets first and third Friday in .the month at Labor
Cor-cil hall. Joseph Freeman, --"idcnt; John """han, vice
pre dent; Jack Roberts, secretary. '
INTERNATIONAL UNION OF STEAM ENGINEERS Globo Lo
cal No. 390 Meets first and third Monday at 7:30 p. m. in
each month at Labor Union hall, North Broad street. James M.
McLean, president; William Ross, secretary.
Ordw by Phon
Pay at Yonr Dor
340 N. Broad
SCIILITZ "that mado Mil
SCHLITZ ' ; that mado
all men kin."
Wo call for SCHLITZ and
who can blamo us.
Wo drink and call for
MOERLEIN BEER on Draught
Cedar Book Whiskey
Free Lunch Daily from 5 to 8 p.m.
M. B. MONAHAN,
Sajjlita Fore, Kcsrjy
Call for It When You Order
lit K. B20AD
Jaek Mr.rtln, Frey,
Sunasl's 80 Yw Sttttc
LAUNDRY & TOWEL
Oat Day Work a Specialty
7(50 N. Broad Fhons 401
Cedar Brook Whiskey
AJwjm fn stoefc.
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H. BROAD ETH GLOBS.
you will bo pleased. Sold by all drug
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