The Caldwell tribune. [volume], July 10, 1897, Image 1

About The Caldwell tribune. [volume] (Caldwell, Idaho Territory [Idaho]) 1883-1928

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CALDWELL. IDAHO. SATURDAY, JULY 10, 1897.
No. 33
AFTER THE FOURTH.
A Glorions and Abundantly Satisfac
tory Day.
EVERYBODY ENTIRÉLY PLEASED.
The Parade— At the Parilion—The
Amusements — The Firework«—The
Ball— Every Feature a Splendid Suc
cess.
Independence day which was cele
brated iu this town last Monday was
the biggest day in the history of Cald
well and that is saying a great deal.
Census experts, of a conservative turn
estimate that 3500 hundred strangers
were in town, liberal statiscians fix the
number anywhere from 4 to 11 thous
and. The last number is probably
rather too enthusiastic. Between 23
and 25 hundred people were fed at the
barbeque and nearly as many who need
ed food were unable to procure it soon
enough to satisfy the "inward" crav
ings. Those patronized the restaur
ants which were so completely exhaust
ed that by ten o'clock at night a meal
could not be procured in any one of
them for love or money. It is under
stood that a few of the visitors were
dissatisfied and disappointed because
of being crowded away from the bar
beque tables, and, it must be said, that
there was some just cause. A great
number of the Caldwell people in the
exuberance of their patriotism forgot
the amenities and also the admonition
of the President of the Day, and rush
ed up to the tables among the first.
The official committees very much re
gret the thoughtlessness of their towns
people and sincerely hope they will try
to restrain themselves in the future,
especially when the crush of visitors is
so unexpectedly large. But from all
that can be learned this was the only
infelicity of the day. The great crowd
was well-behaved and orderly and bub
bling over with genuine patriotism and
good nature. No serious accident occur
ed and not an intoxicated person was
seen on the street. Of course a few of
tho "older boys" took a few private
fireworks inwardly, but that was be
cause the nignt air was too chill to
permit them to take ia the public dis
play. The day was cool—remarkably
so—and a little "blowy" in spots, but
altogether remarkably pleasant.
There were of course, some few mis
takes and bad connections in connec
tion with the arrangements, but they
did not amount to anythiug, and the
various committees are entitled to the
highest praise for the care and atten
tion given to every detail. One of the
most commendable features of the
program of the day was the prompt
ness everywhere shown. The parade
started off at 10,30 on the minute, was
at the pavilion on the minute, order
was brought out of chaos and the ser
vices began on the second and passed
off without a hitch or a pause.
THE PAliADE.
At 10,30 the parade formed in front
of the City Hall in the following order;
The Grand Marshal, Capt. W. F. Schna
bel, and aids, mounted on gaily capari
soned steeds, and arrayed in brilliant
uniforms, lead off and as the proces
sion moved off, doubled back and rode
up and down the column, watching
every movement and guarding against
every possible mistake. Next came
the First Regimental Band, brass but
toned, helmeted and plumes waving in
the morning breeze. The band made
a striking appearance aud it was all
the marshals could do to keep the
small boys from getting all mixed up
with the muscians. On all hands com
pliments to the band's excellent perfor
mances were expressed. Following the
band came Co. A, 1st. Regiment, Idaho
National Guards. Capt. T. K. Little in
command. The young soldiers elicited
hearty cheers as they stepped off in ex
act time to the drum beat and moved
as if a solid body. It was an inspiring
sight and one that will not be forgot
ten by the patriotic youth. Next
came members of the Grand Army of
the Republic— those scarred and bat
tered veterans who ara at onoe the ad
mired and revered of all Americans.
The Liberty Car with all the goddesses
ot the States, mentioned last week
and the Goddess of Liberty,
Miss Mattie Laird, followed. It was a
beautiful picture and if the father's of
'76 looked down on Caldwell that day,
they must have felt supremelv satis
fied with the workings of posterity.
Then there was a beautifully decorated
car from Pearl, filled with young pat
riots, strong and manly; sweet and en
trancing. Next came carriages with
various and sundry dignitaries. Gov.
Steunenberg was the guest of honor
and happily, his brother, A.
K., officiated as President of the Day,
discharging the duties with dignity
and complete satisfaction. Rev. Jen
nings Chaplain, the Mayor, members
of the common council and many other
officials of the city and county Were
noticable, and out upon nil beamed the
happy and amiable countenance of
State Senator Coiighanour. By t.fie
way, we came very near overlooking
the bicycles—and they were a most at
tractive feature—all decorated in bun
ting and mounted by handsome youths.
The bicycle float managed by W. R.
Sebree and Chas, Oakes was one of the
prettiest things ou the street. The
Tribune can not mention specially
every feature of the parade. It was
all right!
AT THE PAVILION.
At 11.30 President Steunenberg
rapped for order, and after a few
felicitous remarks introduced Rev.
Jennings, who pronounced an impres
sive invocation. The choir sung with
splendid effect, "Our Country's Flag;"
the band played a beautiful overturo
and then Mr. Carl Petersen, in the
I, N. G. uniform, was introduced and
read the Declaration of Independence.
The reading was followed by another
piece, "To Thee, O Country," by the
choir. Then there was a talk, the un
pleasantness of which was relieved and
forgotten by auother magnificent effort
on the part of the choir, followed by a
selection from tho band. The invoca
tion, the music and the reading were
all good—very good; and were duly ap
preciated by every Dody who could get
within hearing.
THE BARBEQUE.
The committee on refreshments had
provided 1000 plates, 100 great, generous
platters, 1000 coffee cuds and other
utensils in proportion. There had been
cooked one 4-year old steer, 2 yearlings,
6 sheep and a dozen or more shote.
There were 286 large cakes and 823
loaves of bread. The dishes'were left;
that's all. If anybody retreated with
out satisfaction, it simply indicates
that appetite is very highly cultivated
in this section. There was certainly a
moderately abundant spread. After
tho eatables had been disposed of,
everybody took a rest until the after
noon amusements opened up at the
race track.
AMUSEMENTS AND THINGS.
Now Mr. Lucus is a reliable man, a
man of maturity and family. He says
he watched the stream of people pass
ing his house going to the race track.
The procession, he alleges, was one
hour passing his gate and, by actual
count, people were passing at the
rate of 83 a minute. In the interest of
conservatism, he will knock off the 3.
That would foot up something like
4800 people. Mr. Egleston stands on
4000, round numbers, but is inclined to
defer to Mr. Lucus' superior accuracy.
In any event there were a whole lot of
people, and they had a jolly time of it.
The various races, foot, bicycle, horse
and sack, passed off merrily, and the
crowd surged back up town to take a
breath and afterwards see the pyro
technics.
THE FIRE WORKS.
The display of fireworks was splendid.
Thi3 feature was managed by Messrs.
Walt. Sebree, Swain Beatty, John
Williams, Ed. Maxey, C. W. Cooper
and a corps of assistants. Nearly every
piece was successfully fired. Three of
the four baloons ascended beautifully
and floatod off to the south, following
each other in direct line until they
looked like stars in the southern sky.
Continued ou yage S.
COUNTY BOND CASE.
Supreme Court Decision Indicates In
validity.
BRIDGE AND RABBIT VARRAHTS.
Nearly $15,000 of Bridge Warrants
aud $3200 Jack Rabbit Warrants
Effected—court Does Not Specifically
Dccitie Question of Legality.
In the case of W. C. Dunbar vs the
board of county commissioners of Can
yon county the supreme court has
rendered a decision reversing the
lower court and remanding the case
for further proceedings.
This is a case growing out of a pro
posed issue of bonds by Canyon county
to the amount of 846,445.20 for fund
ing warrents issued during 1894 and
1805. The bonds were sold to Roberts
Bros, of Spokane and this suit was
brought to determine their validity. A
demurrer was presented by District
Attorney Hays for the commissioners
setting up that the complaint did not
set forth facts constituting a cause of
action. The demurrer was sustained,
and from this judgment the appeal
was taken.
The question involved is the litiga
tion is one that has been before the
court in other cases—that of the right
of the commissioners to issue warrants
in excess of the revenues. Among the
warrants proposed to be funded^were
a number aggregating $14,794 for
bridges at Caldwell and Parma and
others issued for rabbit scalps to the
amount of $3198.57. As this indebted
ness had been created without having
been authorized by the people at an
election, and as the expenditure was
held not to be ordinary and necessary,
it was claimed that the warrants were
void.
The supreme court does not directly
pass on the validity of the warrents,
but it finds that the complaint did set
forth facts constituting a cause of ac
tion and that the demurrer should
have been overruled. "The demurrer,"
the opinion says, "confess the fact
that the commissioners of Canyon
county failed to make provision for
paying the principle and interest of
the alleged indebtedness, as required
by the constitution. For this reason,
if for no other, the demurrer should
have been overruled."
The dictum of the opinion indicates
that the bridge and scalp warrants are
both invalid. On this feature of the
case the court says:
"It does not appear what the aggre
gate warrants issued by the officers of
Canyon county for said two years are.
So far as the pleadings are concerned
we cannot tell how much revenue was
paid into the county treasury during
said two years, how much was paid
out or how much was left m the treas
ury. But a reasonable inference from
the facts pleaded is that the expendi
tures exceeded the revenue to the ex
tent of the proposed bond issue, and if
this is not correct, but on the other
hand it be true that there remained a
sufficiency in the treasury to pay said
warrants then the authority to issue
said bonds does not exist, aud this is
suance should be restrained. If on the
other hand, the expenditures for said
two years exceeded the revenue for
those years to the amount of the pro
posed bond issue, then the authority to
issue said bonds cannot be recognized
unless the requirements of the consti
tution and laws have been complied
with in incurring the debts sought to
be refuned.
"In solving this question it is neces
sary to determine whether the build
ine of a bridge, and the payment of
bounties for rabbits' scalps are ordinary
and necessary expenses of a county. It
will be Been that the two terms are
used conjunctively, hence to come
within the constitutional proviso or
exception, expenditures made in ex
cess of the revenues of any current
year, must not only be for ordinary
expenses, such as are usual to the
maintenance of the county government
the conduct of its necessary business
and the protection of Its property, but
there must exist a necessity for mak
ing the expenditure at or during such
year.
* * *
"What has been said with reference'
to building a court house applies to
the building of a bridge or other pub
lic improvement, within the letter and
spirit of the constitution and statutes.
We conclude that the building of a
bridge and the payment of scalp boun
ties are not ordinary but extraordinary
expenses, and being such, cannot be
created in excess of the revenue for
the fiscal year in which incurred with
out the assent of two-thirds of the
electors of the county voting at an elec
tion duly called and held.
* * *
"In passing upon the question before
us, we do not desire to he understood as
passing on the material facts of the
case, or as deciding the validity or in
validity of the warrants in question.
• • *
"In such cases as this the court will
not say that the proposed issue of bonds
is legal unless it affirmatively appears
by the record that all of the provisions
of our constitution and statutes in
force relating to the subject matter,
have been complied with.
"It was admitted by the attorney
general in argument that the record in
the case did not show all of the facts
which should sppear and he contended
that there was not enongh in the record
to justify this court in passing on the
validity or invalidity of the proposed
issue of bonds.
'•The decision in Morgan vs Board of
Commissioners, decided by this court
April 6, 1895. 39 Pac. 1118, is some
what in conflict with the views herein
expressed, and we think should to
some extent be modified. The remedy
to correct errors and irregularities in
the action of a board of commissioners
acting in a matter over which such
board has such jurisdiction is soley by
appeal. But where a board of com
missioners, in violation of the consti
tution incurs a large debt in excess of
the revenues for the fiscal year in
which they assume to incur such dobts
without submitting tho questlou of
incurring such debt to the voters and
providing for payment of the interest
and principal thereof as provided by
the plain provision of the constitution
and statutes of the state, such board
is not acting within its jurisdiction,
and the action of the board in making
such an order is void, and may be at
attacked directly, indirectly or collat
erally, at any time or place. To hold
otherwise would give the boards of
commissioners power to do indirectly
what the constitution forbids.
PLACER LOCATIONS.
A number of inquiries of late have
been made regarding the method of
locating placer mines and for the bene
fit of our readers we print the law as
passed by the last legislature.
Section 1. That Section 12 of the
above entitled act be amended to read
as follows: Section 12. The locator
of any placer mining claim located for
tho purpose of mining placer deposits
or precious stones, must, at the time of
the location, place a substantial post or
monument as is required in the location
of quartz claims at each corner of the
location and must also post on one of
the same a notice of location contain
ing the date of the location, the name
of the locator, the name and dimen
sions of the claim, the mining district
(if any) and county in which the same
is situated; and must also give the dis
tance and direction from said post or
monument to such natnral object or
permanent monument, if any such
there be, as will fix and describe^ the
notice itself, the location of the claim.
Within fifteen days after making the
location, the locator must make an ex
cavation upon the claim of not less
than one hundred cubic feet, for the
purpose of prospecting the same.
Within thirty days after the location,
the locator must file for record in the
office of the County Recorder or of the
Deputy Recorder of the mining district
in which the claim is situated a sub
stantial copy of his notice of location,
to which must be attached an affidavit
such as is required in the case of quartz
claims.
END OF THE KM.
Tiie Glove Coütest Was Declared a
Draw.
WAGON ROAD TO NEW PLYMOUTH.
The Flglit Lasted FIto Rounds and
Meant Rnslness—Hardy's Child Ter
ribly Scalded—The Officer With
drew.
The Camas Prairie Indian war has
slumped. When an officer went out
to expert the war, he found a buck sit
sing around roasting ground squirrels
in the bark, and a one-eyed squaw bal
ancing herself, stomach down, on the
big ond of a camas digger The mili
tary man concluded that it would be
possible to restore peace without car
nage, so he saluted tho enemy and re
tired to the haunts of civilization.
BENNETT AND GUDGER MATCH.
Rarere» Mitchel Declares It a Draw Fonght Five
Rounds—Contestants Were Out For Blood.
The glove contest between Bennett
of Caldwell and Gudger of Minneapolis
came off according to schedule at the
race track. It was a sanguinary en
counter from the beginning and evi
dently meant business. There was a
considerable crowd of spectators, but
not so many as might have been had
there not been a misunderstanding as
to where the contest would take place.
Bennett succeeded in fetching blood
in the first round, and ttirough the sec
ond and third pressed Gudarer pretty
hard, punishing him severely. It look
ed as though the match was somewhat
unequal. But Gudger was diplomatic
and went down several times when
their did not seem to be any real occas
ion to do so. Each time he managed
to add a layer of coarso sand to his
damp gloves, so that when the fourth
round came on they were of about the
consistency of emery cloth. Then every
time he struck Bennett, he left an im
pression similar to what would happen
in case he had used a curry comb or
nutmeg grater. The fight warmed, aud
Mitchel, the referee, saw that it was
going to be a genuine scrap in which
somebody would be likely to get hurt.
The contestants were in dead earnest.
In the fourth and fifth rounds Gudger
seemed to be coming up in better shape
and was putting in some artistic points,
but both men were losing their temper
and violating the ethics of the ring, so
the performance was stopped in the
fifth round to the satisfaction of the
contestants, but somewhat to the dis
appointment of the spectators. Pro
bably Mitchel's cool head saved trouble.
road to NEW plymouth
The Tribune learns that a wagon
road has been surveyed and staked
out between New Plymouth and this
town. It seems that Mr. B. P. Shaw
han, president of the colony, is urging
tho matter and that Caldwell business
men are co operating with him. This
road should be pushed to a speedy com
pletion. The people of New Plymouth
are substantial and enterprising and
every èffort should be made to estab
lish close relations with them. The
T iuhunü has not been able to learn
many particulars respecting the new
road, but realizes that it is a worthy
project. ^
little child terribiy scalded
A little child of Mr. and Mrs. Frank
Hardy was terribly scalded last Sun
day evening. An earthen teapot fil
led with hot tea had just been placed
on the table when the little one grab
bed it and pulled it over, upsetting
the contents over her arms and breast.
Dr. Isham says that it was the worst
accident of the kind he ever saw. The
flesh fell off the Childs body in large
welts making a most pitiable sight.
As soon as possible the burned parts
were swathed in air tight bandages
and at present the child is resting fair
ly comfortable. The child's suffering
at first was excrusiating. It is hoped
the little one is uow out of danger.