Elko independent. [volume], March 31, 1915, Image 1

About Elko independent. [volume] (Elko, Nev.) 1915-current

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YOUR IDEA8 OF ADVIRTIS
; kiv,
INQ MAY BE OOOD BUT THEY
ARC VALUELESS WITHOUT
THE JUDICIOUS APPLICATION
OF PRINTER'8 INK. A CARD
WRITTEN .AND STUCK " IN
True The Independent
A Live Newspaper Id a Miner In
Which Is Reflected the SpIrK of
the Community It Represents.
PuMiahee it; Not, Othorwiee
ADVERTISING THAN WALKING
ACR08S THE STREET IS
TRAVELING.
FORTY-EIGHTH YEAR
ELKO, ELKO COUNTY, NEVADA, WEDNESDAY, MARCH 31, 1915.
lymond Swoboda Arrested in
Paris Charged with Setting
Ship Afire in Irish Sea
,-r ***? -T" - ?rc-' "
dpeclal to th? Independent
PARIS, March 31. ? Raymond 8wo
boda, accused German Bpy, was ar
rested here today charged with set
ting fire to the La Touralne which
was burned to the guards in the Irish
Sea three weeks ago.
Swoboda was a member of the crew
of the La Touralne which sailed from
a Canadian port on March 3 with a
cargo of ammunition and 300 passeng
ers. While a few hundred miies off
the coast of Ireland Bhe was sudden
ly discovered on Are and the lives of
the whole crew auti passenger list
were In e'xtreme danger lor nearly
two days. The La Touraine, however,
after a hard battle against the flame,
succeeded In reaching a French port
before the flames reached the explos
ives and no lives were lost. Swoboda
was suspected shortly after the ves
sel reached port and has been under
survellance since then. He was ar
rested today.
The accused man denies any con- [
nectlon with the fire and claims that i
he is an American citizen.
Whether by vetoing the amendment
to the boxing law Governor Boyle
threw the state back to the 1913 law
permitting 10-round bouts or threw it
wide open relative to prizefights is a
moot question and one which the at
tomey-genreal, and possibly the su
preme court of the state, will be called
upon to decide, the point hinging on
whether or not the repeal of an orig
inal statute carries with it the repeal
of amendatory acts without specifical
ly mentioning the amendatory acts in
the repeal clause.
In a Tangle.
Some attorneys claim that by repeal
ing an original act all amendatory acts
are thereby repealed. State Senator
HuBkey is one of several attorneys tak
ing this view, and he says he has many
authorities to support his contention.
AU agree that It is a matter Involving
a fine legal technicality, and that It
will require close investigation and
perhaps a supreme court interpreta
tion before being determined satis
factorily.
Governor Knew of 8ltuation.
Senator Huskey of Reno, said that
he had taken the matter up with Gov
ernor Boyle by letter as soon as he
discovered that the 1897 law had been
repealer, advising him that to veto
the law passed by the 1916 legislature
would be to remove all restrictions on
boxing. He aBBerts that practically all
authorities hold that tho .repeal of an
original statute carries with it the re
peal of all amendatory acts even
though the amendatory acts are not
specifically mentioned. Attorney G.
S. Brown of the firm of Brown and
Belford Is of liie same opinion.
Senator Huskey exhibited a copy of
the letter ,lie sent to Governor Boyle
on March 22 relative to the boxing
law. One section of it reads:
"1 notice in reading over senate bill
124, at page 20, that the old law lic
ensing glove contests is repealed. This
puts us in such position that If you
were to decide to veto the glove con
test law just passed it would leave us
without tmy boxing law at all. I am
writing to call your attention to this."
Attorneys Carey Van Fleet and
Joseph McNamara were discussing the
matter this morning, and they were
requested to give a legal opinion on
the case to the Independent, as the
matter is of general interest. They
complied with the request and their
opinion which is as good as. any in
the state is as follows: ?
The general revenue law, senate bll",
No. 124, of which we have no cop/,
and therefore do not know the express
provisions repeals, it Is said, the glove
contest act of 1897, permitting finish
lights. The repealing clause In the
1915 revenue law, wiping the 1897 laW
off the statutes, effects this repeal by
referring to the title of the act of
1897, as follows: "An act to restrict
and license glove contests, or exhibi
tions between man and man, and to
repeal all other acts In conflict there
with. (Approved January 29th, 1897)"
In this repeal no reference Is made
to the act of 1913, which amended the
act of 1897, by making changes In sec
tions 1. 2, 3, and 9.
The title , of the act of 1913, reatis
as follows: "An act to amend sec
tions 1, 2, 3, and 9, of an act, entitled
'An act to restrict and lincese glove
contests between man and man and to
repeal all other acts in conflict there
with.' (Approved January 29, 1897.)"
The question is, does the repealing
clause in the revenue bill repeal the
amendatory act of 1913? This pre
sents a question of some difficulty
under the state of the authorites, as
far as we have been able to investi
gate the authorities, in the limited
time given. Sutherland, the leadlnar
authority In this country on statutory
construction, lays down the rule that
all the provisions of the prior Inw
amended which continue in force af
ter the passage of the amendatory act
derive their force thereafter, not from
the original, but the amendatory act,
and as to the future *th > old act or
section is repealed In toto. There are
two currents of authorities flowing out
of this legal proposition laid down In
Sutherland, and practically opposed to
each other, both of them some tlmeB
occurring In the #?me state, for In
str ice in CiUlfornla. We have the
two leading cases, of Huffman vb Hall,
36 Pac. Rep. page 417, and Fletcher
vb. Praihor, 36 Pac. Rep. 658. The
case of Huffman vs. Hall, considers
(Continued on Pftff* Four)
HAM BLAINE, OLD OFFENDER,
IN TOILS OF THE LAW AGAIN
Haiti Ulhlne, an Indian who ban
given the authorities of the city and
county, more or lejw trouble ?>n"2? his
appearance here, Is again In tho tolls
of the law. Ham seems to have an
Irreslstabta desire to absorb all the
whiskey In town, rf This time he got
on a rousing drunk and, going to the
Indian canip north of town, Marted to '
paint things rod. He wbb arivstrd
at the complaint of other Indiana and
in in Jail todajr- He denied the nc
onnatlonR against him and will be
tried before Judge Castle thin after
noon.
SENATOR REBDIE
^ PWBEiMO
COUNTY BATTLE
RUBY VALLEY RANCHER DIS
POSES OF CARLOAD OF
? FINE BULLS
, Senator \V. A. Keddle of Fallon.
; who has been In the city since yes
terday, left today for Ruby Valley,
where he has purchased 40 thorobred
bulls from William Short, one of the
best known cattle raisers in the coun
ty. Mr. Keddie will distribute the
cattle on the North Fork ranches and
near Fallon for fattening.
Mr. 8hort has achieved an enviable
reputation in the last few years as a
raiser of thorobred cattle and his ani
mals are always in demand with west
ern stockmen.
TUG WAR DIMU
AI THE WIGWAM I
TOW
Replete with beautiful scenes from"
the tropics, full of martial spirit of
warfare, a dainty love story threading
its way ecstatically through battles,
long marches and hairbreadth escapes,
the four-reel feature film "The Next
In Command" will hold the screen at
the Wigwam tonight. This picture is
a masterpiece for beautiful scenery.
It is taken in Africa and the most
critical cannont fail to wonder at Its
beautiful Bettings. The tropicB are pe
culiarly adapted to the taking of what
are known as "twilight pictures" and
the photographers who took "The
Next in Command" made the most of
their opportunity with the result that
a more beautiful photo play has never
been produced. From the first scene
to the close of the thrilling battle be
veen the troops and their hnrd-flghting
opponents, the Arabs, the picture is
a real .thriller as well as a military
said scenic classic.
In addition to "The Next in Com
mand" the Wigwam presents Pathe's
Daily News, the 10th edition for 1?15
which brings Its events righ up to
date. adv.
O
APIARY BILL VETOED
BY GOVERNOR'S ACT
The apiary bill was- vetoed by the
governor In a message filed with the
secretary of state. The bill concerns
bees and beekeopers.
The governor stated the bill did not
have the approval of beekeepers, that
It conflicts with S. B. 231, concerning
a Btate quarantine officer, and that it
creates a new department with an
appropriation which the state cannot
afford now.
o
18 NOW GOVERNOR 8ULLI VAN
By virtue of his office Lieutenant
Governor Sullivan last night auto
matically became governor of Nevada
(iuring the absence of Governor Boyle
from the state, and today he is per
forming the functions of the guber
natorial office with becoming grace.
Governor Sullivan is naturally quali
fied to occupy his temporary duties.-?
Appeal.', .....
O
"Wh t U ycur name?" asked thu
new Uiacher of the rtrst boy in line.
"Tom," said the boy.
"No, It Isn't Tom, it'* Thomas."
"And your name!" she Inquired of
the next boy.
"Jackass," said the boy.
CREW AT WORK ON NEW COUNTY ROAD ACROSS SECRET PASS
*. j Jp': ' i I**
Special t# the lnd?p?ndont.
MALMBCK, March 31.- -The new
county Mid government, road acrom
Hecret fana ha# D?*>n oommeneed and
at thla llm? there are a boat H men in
the flrew at work oh the KnuJlng.
Thla road will run from thl? place
to Ruby Valley and when completed
will eliminate one of the wornt alrlpw
of highway in the county. Hereto
fore In the winter time or when the
weathor wa? the least bad, the old
rood wu almost Impassable and trav
eler* Were wary a boot undertaking a
v.
iV. ^ ?:
trip over It. The now road will ellml- 1
rtftte this to a *roet extant, however, i
and promUe* to be a model thorofare. I
Wfth plenty of utone at band for a j
rond bed and all other material* with- j
In ?ur acfi???, men in Charge of the j
construction promlMs to fire tho conn- 1
ly one of the beet road* (n the *t*te.
The i*o?d will have a 14-foot bed and
will be modem In ere/jr renpect.
ComtnlMloner Shaft who ha* been
inspecting the work for aeverel <Jr y*
returned to Rlko thl? week,
Two British Ships Sunk by a
Submarine and L. C. Thas
per of Racine is Killed
Special to the Independent.
WASHINGTON, March 31.? The
sinking of two more English merch
antment in the North Sea yefalertia"y
by German submarines may bring
about another ultimatum to Germany
by the United States. The reason for
the action is the fact that on one of
the English ships was an American
citizen by the name of L. C. Tbasper j
who went to his death with the doom
ed ship. Mr. Thasper was a resident,
of Racine and was on his vay home '
after a trip abroad which had lasted
almost a year.
Whether any action will be taken by
the United States until the matler has
been fully investigated fully is not
known. Secretary Bryan would make
no statement today except that the
ptate department had been notified of '
the death of Thabper and that a full
investigation would l-e mads.
NEW CORPORATION !
FOR ELKO COUNTY
By the filing today of the certifi
cate of Incorporation of the United
StateB Fuel company with the secre
tary of state - Nevada has another
$10,000,000 corporation, with principal
place of businesB located at Montello,
Elko county. The new company will
develop a promising group of coal
claims in the eastern section of the
state. E. L. Carpenter, E. R. Gibson,
G. E. Forrester, Marion Heiner and
i H. R. McMillan of Salt Lake City ap
pear of record as the original Incor
| porators.
The certificate of incorporation of
the Valvada Copper company with
principal works and resident agency
at Lunlng, Mineral county, was also
filed for record. The corporation haB
a capital' of $2,500,000, divided into
500,000 shares of a par value of $5
each.
EASTERN STAR
MATRON HERE
? ? . ?
Mrs. Minnie McDonald, plate. Wor
thy Grand Matron of the order of
Eastern Star, arrived In the city from
Ely tills afternoon and will be the
guest of the local lodge tonight Ini
tiation work Will be done while Mrs.
McDonald Is here and afterward a
banquet will be gIVen in honor of the
worthy matron.
O
FAILURE TO PA88
? *. .*(71* J;, js ) ' < I v . . ? >
MEASURE BRINGS RELIEF
WASHINGTON, March 30.? Failure ;
of the late lamented congress to pass
the "Leasing" and "Water Powor"bllls
has brought relief to ever state west
of a north and south line through Col
orado's eastern border/ according to
the official publication of the Ameri
can Mining Congress. An opportunity
again is given the people of that vast
area to register protests with suf
ficient vigor to. arrest the trend of
legislation. ' .
Private land holdings In the area
mentioned are doubly taxed. Half of
the land Is still in Federal ownership,
yot the law must bo enforced by the
states over the whole area. "The
taxes In most western states," The
Mining COngrens Journal declares,
"daring each thirty year period are
approximately equal to the value of
the land. The privately owned land,
less then one-half the total area, must
Ttxy each thirty years to buy
t* ? half of the land. In order to
?uable these state* to live up to their
contract with the nation to maintain
republican form of government."
t *0 ?
Ale* Wetland, Pie Creek rancher,
Is registered At the Commercial.
REVENUE ACT
HUES TAXES
The new revenue act which was
passed by the recent legislature and
which haa been signed by the gover
nor reduces the Income of the vari
ous counties from the UcenseB and
will cause a material increase in the
rate of taxation in the various coun
ties of the state. Under" the- provis
ions of the act merchants, hotel keep
ers and those engaged in mercan
tile and kindred lines will not have
(o pay any county licenses. About
14500 was derived from this source in
Ormsby county alone last year and
as a consequence of the repeal of
this law this amount of money will
have to be raised by an increase in
the county tax rate, adding over 16
cents of the local rate.
Under the Dew law billiard par
lors, bowling alleys, opera houses,
saloons, dance halls and persons tell
ing fortunes with cards and owners
of sheep aro the principal ones com
pelled to pay a license. The change
effects Orrasby county more than any
other county in the state from the
standpoint of the Increase in the tat
rate, although from the amount of In
come lost to the county, Washoe coun
ty loses over twonty thousand dol
lar*.
The following schedule shows the
Increase In the tax rate necessary In
each county of the state for the years
1915 an dl916 lit order to make up the
deficit caused by the new law:
1915 1916
Churchill. .. .. - 0531 .0464
Clark ..... . .0588 .0518
Douglas 0830 .0787
Elko ? 0290 .0868
Ksmeralda 0714 .0024
Eureka .0310 .0268
Hnmboldt .0816 .0876
I/ftnder .... 0641 .0478
Mnooln *?*??? ?*? 4 ? 0492 .0481
Lyon 0660 .0492
MlnerAI i. 0705 .0617
Ny? ...... ? . ? .... .0560 .0491
Ormsby ...... ...... .. ? .... 1605 .1406
Storey - 1117 .0978
Washoe 0768 .0658
White Pine 0763 .0440
? O
H. Sutton is hftre from Carlln for
the day,
t
PROSPECTS BRIGHT FOR FAST
TEAM AT ELKO HIGH SCHOOL
l'rospects (or a fast baseball team
at the Elko High school are brighter
this year than they have been in many
seasons. About 15 budding stars are
out daily and go through practice
workouts under the tutelage of Coach
Rosa. Although only a few of last
year's men are showing up for prac
tice, there is plenty of good material
on hand who only need the rough
corners knocked oft to make good
men.
Infieldera and Pitchers Strong.
With two of last year's twirling
stair back in harness and two veteran
inflelders as a neculus to build a
team around, Mr. Ross does not wor
ry over those departments. Clawson
and Porter, both members of last
year's gunning corps, are In better
shape than ever and promise to dish
up fancy curves and shoots which
will bade the best of 'em. Fernald
and Clinton, also veteran infleilere,
both show promise of having good
seasons. These men with the new
material on hand promise to turn out
one of the best teams in the state
nnd that Elko Hi will win a majority
of the games placed is a foregone con
clusion.
Schedule Being Worked On.
No definite schedule has been ar
ranged as yet but one is being work
ed on wnlch promises to keep the
boys bustling. Some good games will
be played on the home lot and if the
fans of the city will support the team,
fine sport will be furnished them.
MOVING DAY FOR
TAX COMMISSION
The tax commiBRion 1h moving its
office in the State Bank and Trust
company building to the state capital,
whore for the present the senate
chamber and adjoining rooms will be
occupied. At a meeting of the Capi
tol commissioners, to be called later,
permanent Quarters In the building
will be assigned the commission.
O
W. V. Llnebarger, prominent Carlin
merchant, came in on No. 10 this
morning (or the day.
WEDNESDAY
Maple and Cane Syrup, quart can f .39
Maple and Cane 8yrup, /a 0a I- can .89
Maple and Cane Syrup, gal. can . 1.29
Svvlft'eLaundry Soap, 6 bar* ... .25
Klrk'a Laundry Soap, 7 bare ... .25
8ack Hard Wheat Flour 1.70
Lamoille Creamery Butter .... .28
South Fork Creamery Butter ... .28
Sterling Creamery Butter ...... .30
WE CUT PRICKS ON THE ENTIRE
GROCERY LINK AND SAVE OUR
CUSTOMER* FROM 10 TO 30 PER
CENT ON WHAT THEY BUY.
?
?
TIE SINE IF
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