Bonners Ferry herald. [volume], November 04, 1919, Image 3

About Bonners Ferry herald. [volume] (Bonners Ferry, Idaho) 1904-current

Image provided by: Idaho State Historical Society

                
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I
feed and Flour
Our Mill Feed and Flour have arrived and are selli
mg at the following prices:
Rolled Oats, per cwt._
Rolled Barley, per cwt_
Bran and Shorts, 80 lb. sack
Bran, 70 lb. sack__
Shorts, 80 lb. sack..
$3.60
4.25
2.00
1.65
2.10
i
"Drifted Snow", hardwheat Flour, a 49 pound sack for.
"Cascade," Montana hardwheat Flour, 49 pound sack for_
Swift's Jewel Shortening, 5-pound pail
... $3.25
3.35
1.40
10-pound pail
. 2.75
!
Full Stock of Staple and F'ancv Groceries at Lowest Prices
QUALITY GUARANTEED
Kootenai Valiev Produce Co.
PHONE 109
0. A. PHILLIPS, Manager
KE REDDOCH RULES THAT
STATE AUTOMOBILE ACT IS VALID
Assessor Reid has received word
|at the constitutionality of the au
iBiobile act has been upheld in a
fcision handed down by Judge
(parles F. Reddoch, in the third ju
fcial district of the state of Idaho.
Assessor Reid will begin at once
He collection of the special licenses
■ automobiles operated as a com
Bon carrier as required by the act.
A letter from Raymond L. Givens,
ttomey for the public utilities com
lission, follows:
Boise, Idaho, Oct. 20, 1919.
1rs. W. C. Reid, Assessor of Bound
I try county, Bonners Ferry, Idaho.
Dear Sir: We are herewith in
teing a copy of the decision of
itdge Reddoch in the case of State
*. Koll and State vs. Grossen, a de
lion of the third judicial district of
Notice is hereby given that on Thuresday, Nov. 27, 1919, the follow
1 described tracts of timber belonging to the State of Idaho and situ
id in Boundary County will be offered for sale at public auction at
« court house at Bonners Ferry, Boundary County, at 10 o'clock a. m.
! said day, to-wit:
STATE TIMBER SALE
Cost of appraising and
Range holding sale
1 E
1 E
1 E
1 E
1 E
à Div.
Twp.
63 N
63 N
63 N
63 N
63 N
63 N
63 N
63 N
63 N
63 N
63 N
63 N
63 N
63 N
63 N
63 N
65 N
65 N
65 N
65 N
65 N
Value
$ 76.00
250.00
385.00
100.00
600.00
730.00
715.00
720.00
800.00
820.00
390.00
330.00
95.00
415.00
255.00
80.00
538.75
535.00
831.25
786.25
792.50
310.00
230.00
710.00
255.00
670.00
10.00
353.75
441.25
375.00
485.00
220.00
Sec.
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$7.00
36
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86
7..00
36
7.00
36
7.00
1 E
36
7.00
1 E
36
7.00
1 E
36
7.00
1 E
36
7.00
1 E
7.00
36
1 E
7.00
36
1 E
7.00
36
1 E
7.00
36
1 E
7.00
36
1 E
7.00
36
1 E
7.00
36
1 W
7.00
36
1 W
7.00
36
1 W
7.00
36
7.00
1 W
36
1 W
7.00
36
7.00
1 W
N :
65
36
7.00
1 W
65
36
7.00
1 W
65 N
65 N
65 N
65 N
65 N
65 N
65 N
65 N
65 N
36
7.(
1 W
36
7.(
1 W
36
7.00
1 W
36
7.00
1 W
36
7.00
7.00
1 W
36
1 W
36
7.00
1 W
36
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7.00
1 W
36
Terms of Sale
1 All purchase price cash on day of sale. Purchaser will be allowed
7° years to remove timber. Any" timber remaining on land at the ex
frstion of two years from date of sale will revert to and become the
■rierty of the State of Idaho. Purchaser will be required to execute
i to bum slashings in accordance with the Fallon Fire Law.
By order of the State Board of Land Commissioners. .
I. H. NASH, State Land Commissioner.
STATE LAND SALE
.Notice is hereby given that on Thursday, Nov. 27th, 1919, the fol
described tracts of land belonging to the State of Idaho and situ
. - Boundary County will be offered for sale at public auction at
SjCourt House at Bonners Ferry, Boundary County,, Idaho, at ten
Wk a. m. of said day to-wit: . .
Twp. Range Cost of App. App. Value
62 N IE $2.00 $10-00
62 N IE 2.00 10.00
62 N IE 2.00 10.00
62 N IE 2.00 10.00
62 N I E 2.00 10.00
62 N IE 2.00 10 00
62 N IE 2.00 10.00
62 N IE 2.00 1000
62 N IE 2.00 1000
62 N IE 2.00 10.00
62 N 1 E 2.00 10 00
m
Div.
UNE (4
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Sec.
36
36
36
36
36
36
36
36
36
36
36
Terms of Sale
One-tenth (1-10) of the purchaseprice and first year's interest on de
JJd Payments, cash ,on day of sale; balance in forty (40) annual install
j., at six per cent (6per cent) interest. . .
All saieg are made subject to any valid interfering nigh
1 have existed prior to date of sale except those for which allowance
, herewith. , ,
, I improvements to be paid in full on day of sale,
hand sold subject to harvesting of crops on land leased.
«T order of State Board of Land Commissioners. . .
I H NASH, State Land Commissioner.
:
ts which
tion Commervced Oct. 21, 1919.
-tion Completed Nov. 26, 1919.
!
Idaho which upholds the constitu
tionality of the automobile act re
quiring a license on the part of a
person operating a motor vehicle
as a common carried.
The commission desires to aid you
in every way in enforcing this stat
ute to the purpose that all such
common carriers pay th^ license and
that there be no discrimination, since
it is eminently unfair to a person
who has complied with the law and
paid his license to hav.e to compete
with a person who is running a sim
ilar business, but has not complied
with the statute. We would also
, . ....
department operates the state con
stabulary. Please advise us in what
suggest that you avail yourself, if
necessary, of the assistance of the
department of law enforcement, Rob
ert O. Jones, commissioner, which
way we can be of assistance to you.
Courteously yours,
RAYMOND F. GIVENS,
Attorney for-the Commission.
Judge Reddoch's Decision.
These actions were instituted for
the purpose of determining the con
stitutionality of subdivision 3, sec
tion 13, and section 72-72 chapter
106, C. L. and subdivision 3, section
1 and section 2, of an act of the leg
islature of the state of Idaho, ap
proved March 14, 1919, amending
sections 13 and 73. C. L. The com
plaint against the defendant Koll fol
lows the language of the statute
and alleges that on or about the 7th
day of July, 1919, that he held out
and advertised that he would drive or
To this cpmplaint
| a demurrer was filed by the defend
ant, alleging that it did not state
a public offense; that it deprived
him of his property without due pro
cess of law; that it denied him the
equal protection of the law, and
abridged the privileges and immu
inities of citizens and of the defend
ant, as guaranteed by the 14th
amendment to the federal eonstitu
cause to be driven, or operate over
■jany route or routes for hire or com
| pensation, an automobile for carry
I ing passengers in 'Boise city, or else
where, said automobile not being
I run on rails or tracks, and not being
I used exclusively as a hearse, ambu
! lance, hotel bus, and not being an
autoTnobiIf , or auto truck use<1 for
j carrying U. S. mails over star routes,
without having procured a license,
- and without having executed and
filed with the public utilities commis
K ; on a bond as required by the sec
.
11 0 8
tion; that said sections are in viola
tion of section 13, article 1 of the
constitution of Idaho, in that they
deprive the defendant of his property
without due process of law; that the
same are in violation of* section 19,
article 3 of the constitution as being
a local and special law; that the
same are class legislation, in that
they unlawfully and arbitrarily dis
criminate between citizens engaged
in the business of carrying either
passengers or freight, or both, for
hire or compensation; that the same
are discriminatory in many respects,
which are set forth; that they do not
apply to, or operate alike upon every
person or persons, company or cor
poration of the same class, engaged
in a lawful business under like cir
cumstan«es and conditions. A stipu
lation of facts was filed showing in
brief that on the 7th day of July,
the defendant was controlling, man
aging and operating two automobiles
of 7 passenger capacity for trans
portation of passengers in Boise city
and elsewhere; that he held out and
advertised that he would drive and
operate same over the streets of the
city and elsewhere for hire and com
pensation; that the same did not
fall within any class excepted by the
provisions of the statute in question.
Said stipulation further shows that
the defendant operates his automo
biles in Boise city, and from Boise
city to various places in Boise coun
ty, Gem county, Ada county, Canyon
county and Owyhee county; that be
tween many of the points specified
star routes over which automo
are
biles are operated carrying United
States mail, together with passen
gers and light freight for hire or
compensation, and are not required
to procure a license or file any bond.
It is further shown that many of the
points reached by the defendant's
autos are parallel to either steam or
electric railways, and that such rail
both passenger and
t airy
ways
freight for hire, and are not required
to take out the licenses, or file any
bond; that the defendant is worth
$17,000 over and above his indebted- I
ness and liabilities; that in Boise
city and other cities, autos are oper
ated between hotels and trains, with
out being reyuired to secure a license
or file a bond; that he is required,]
to pay certain licenses to Boise city, i
to the county assessor, and certain
expenses under the workmen's com
pensation law, federal licenses, etc. !
The complaint against the defend -1
ant is similar to that against the de- 1
fendant Roll, except it charges the
operation of auto trucks in the car
rying and hauling of freight for hire,
instead of passengers.
The demurrer raises the
samt
questions as urged against the com
plaint in the Koll case. The stipula
tion of facts, while not exactly the
i same, are, in many respects, similar,;
the main and essential difference be
ing that which naturally arises in
the conduct of the freight business
distinguished from passeenger
! as
traffic.
The presumption is in favor of the
constitutionality of the statutes in
question and unless this presumption
is clearly overcome then the statute
should be sustained.
1
Anyone who j
holds himself out to the public as 1
ready to undertake for hire, or re- !
ward, the transportation of goods
and passengers from place to place 1
and so invites the custom of tht pub
lic is, in the eyes of the law, a.com-1
(Lloyd vs. Hugh &
mon carrier.
Keenan Storage company. (Pa.) 72
Atlanta, 516; 21 L.R.A., (N.S.) 188.
The fact that the council of Boise
city requires a license upon automo
biles used or engaged in the hauling (
of either freight or passengers is |
no prohibition against the state mak- j
ing a further and additional regula
tion. (Houston vs. City of Des
Moines, 156 N.W., 888.) While the
bonding and license provisions, under !
the statute in question, may be bur- !
densome, it does not appear that they
are so unreasonable or exhorbitant
as to be prohibitory. Many of the
cases cited in plaintiff's brief sustain
bonding and license provisions higher
than those required by the statutes
in question. (See Memphis vs. State,
179 S.W.,631 ; L.R.A. 1T16B, 1161;
Dickey vs. Davis, 1915F, L.R.A.,
(N.S.) 840, note. Ex parte Cardinal,
160 Pac. 348. The serious contention
urged against the statutes in ques
tion is that it is arbitrary and class
legislation, abridged the rights and
privileges of the citizen, and partic
ularly of the defendants, deprived
them of their property without due
process of law, and unlawfully dis
criminated between the parties en
gaged in the same class of business.
As hearing on this question, see
Thielke vs. Albee, 153 Pac. 793;
State vs. Farrey Line Auto Bus com
pany (Wash.), 161, Pac. 457; Peo vs.
Jordan (Cal.) 156 Pac. 451.
Considerable stress upon the argu
ment was laid upon the discrimina
tion which, as counsel urged, is per
mitted by the statute in the opera
tion of hotel busses, and automobiles
or trucks carrying U. S. mails over
star routes.
The word "solely" used in connec
tion with the hotel bus was no doubt
used in the sense of exclusively
(Words & Phrases, 2nd, Ser. Vol. 4,
page 615). The exemption of auto
mobiles and auto trucks on star
routes when actually engaged in car
rying such mail, to my mind, pre
sents the most serious question con
cerning the validity of the act, but
in the light of the cases cited by
counsel for the state and in tht gen
eral rule as contained in 12 C.J.
1128-9, it would seem that the stat
ute should not be held void and un
constitutional by reason of this ex
emption. An exemption applies only
to the automobile or truck when act
ually engaged in carrying mail. The
mere fact that such vehicle is in the
service of the government of the
United States gives some reason for
its exemption. A statute will be sus
tained where the basis for classifi
cation made by it could have seemed
reasonable to the legislature, and
even though such basis seems to the
courts to be unreasonable. Legisla
tive discretion in this matter is not
subject to review by the courts, ex
cept to the extent of determining
whther the classification adopted is
arbitrary, unreasonable and unjust.
Star routes, as I understand are
those where the mails are not carried
by train, and which are traversed by
what is known as stage lines, usual
ly reaching or going to places some
what inaccessible by the ordinary
means and method of transportation.
This may have been a further and
additional reason for the legislature
granting the exemption, than that
heretofore mentioned. The statute,
on the whole, may seem burdensome,
in its practical application, but after
examining all the authorities cited
by counsel for both plaintiff and de
fendants, I am of the opinion that
the same is a valid and constitu
tional enactment of the legislature.
' It is, therefore, the ruling in No.
16, that the demurrer be, and the
same hreby is, denied and overruled,
as to each and every ground thereof,
and the statements of facts is held
to be insufficient to constitute a de
fense, and the matter of pronouncing
judgment will be deferred until such
time as is agreeable to counsel.
Same order in No. 17.
SEASONABLE
OutfitsforMenand Boys
AT RIGHT PRICES
Our store is full of serviceable goods for
The items and prices
w ork or dress needs,
listed below only give a bare idea of our offer
ings—Come to our store and let us show you
our merchandise,
in quality and price.
We can please you both
A COMPLETE STOCK OF RUBBERS
Men's Boiled Edge Low Rubbers...
Logger's Three-eye Rubbers.
Men's 6-inch Red Duck Low' Bootees
Men's Hi-press White Duck, Low Bootees
Men's Rob Roy, rolled edge, 12-inch top
Rubbers .
Boy's Leather Top Rubbers, 3 to (>....
Men's Fell Packs.
Men's Overshoes, all sizes,
Men's and Boy's Rubbers
WOOL PANTS, MACKINAWS, SHIRTS, ETC.
Soo Pants, all wool.
Soo Mackinaws, all colors
McKibbon's Mackinaws, from... 15.00 to 20.00
McKibbon's Leather Vests from
Zero Stag Shirts.
Wright's all wool Union Suits.
Collin's Two Piece, all wool Health Un
derwear, per garment.
EIco All Wool Union Suits.
Elco Heavy Wool Mixed Union Suits...
Elco Heavy Fleeced Union Suits ....
Lumbermen's Heavy Wool Sox',.. .75c and 1.00
Heavy and Light Cashmere Sox,.. .75c to 1.00
Heavy and Light Wool Dress Sox, all
colors
COMPLETE STOCKS OF HEAVY WOOL
SHIRTS, PRICED FROM $3.50 TO $6.00
Boy's Heavy Wohl Shirts, Maroon Color
a Bargain at.
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Heavy Slip-on Wool Sweaters, Maroon
with While Stripe .
Heavy Slip-on Wool Sweaters, Black
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Heavy Slip-on Wool Sweaters, Oxford
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Heavy Slip-on Wool Sweater Dead Grass 10.00
Sweater Jacket, All Wool, Brown.
Sweater Jacket, All Wool, dark Oxford
Cape Collar and Four Pockets, a
serviceable sweater coat for both
men and women.
Heavy Rope-knit Sweater Coats, Roll
Collar, Light Oxford Color.
Heavy Rope-knit Sweater Coals, Roll
Collar, Dark Brown, at.
Heavy Rope-knit Sweater Coats, Roll
Collar, Dark Scotch, at.
Heavy Rope-knit Sweater Coals, Roll
Collar, Maroon Color, at. 15.00
Heavy Rope-knit Sweater Coats, Roll
Collar, Dead Grass Color, at .... 15.00
. .. $ 2.50
. .. 2.50
3.75
5.00
. 5.50
. 3.25
. 2.00
.2.75 to 4.50
All Sizes and Slvlcs
8.25
15.00
9.50 to 20.00
. 7.50
6.50 to 7.50
4.25
5.00
3.75
. 2.25
50r to UK)
3.00
10.00
10.00
10.00
8.00
10.00
6.50
8.00
12.00
WOOL AND LEATHER GLOVES AND MITTS
Men's Heavy Knit,
Wool Work Gloves,
Gray, pair, ... 1.50
Men's Fleece Lined
Knit Gloves, pr .75
Men's Gray & Black
Golf Gloves, Leather
Bound, Pr. ... 1.00
Men's Knit Dress
Gloves, pr....
Men's Horse
Mitts, Fur Back with
Elastic Wrists, fine
for driving use
Chopper's Leather
Mitts, pr..
Wool Liners for AH
Leather Mitts . 75
McKibbin
Hand Sewed Moccasin Tip
Work © .Gloves
'i
1.50
Hide
/
2.00
.75
.75
Boy's Leather Mitts, pair.
Bov's Lined Leather Gauntlet Gloves...
SPECIAL—Boy's Fur Mittens.
We have the largest assortment of Men's
and Boy's dress and work gloves, lined and un
lined mittens, ever offered for your inspection
in our city. We have two special numbers in
HEAVY LINED AUTO GLOVES at only $4.00
and $5.00
1 .(H)
1.50
ALL KINDS OF
HATS AND CAPS
McKibbons Hats and
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Call and ask for it.
CAPS FROM $1.75
TO $3.00
KINNEAR'S KLOTHING
FOR BETTER MERCHANDISE
U
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£4
9
3
All
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