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LEWISTON INTER-STATE NEWS
Successor to The Lewiston Teller—Twice-a-Week L*wi*ton Toller, Established 1876 LEWISTON, IDAHO, FRIDAY, AUGUST 18, 1906 Inter-State N^we, Vet 1» H» LIEN LAW DECISION Supreme Court Deckles that a Mortgage takes Precedence Over Contractors Liens The question of priority of liens and involving a legal construction of the Idaho mechanics' and material-men's lien law, decided In the case of the Pa cific States Savings, Loan & Building company, appellant, vs. Jesse K. Du bois, A. J. Turley, et al., respondents, in an opinion filed in the supreme court this morning, has created great inter est and is perhaps the most important matter submitted to the supreme court in the history of Idaho jurisprudence. The court was divided In the mat ter, the majority, consisting of Justice Sullivan, who wrote the opinion, and Chief Justice Stockslager, who con curred. holding that the claim of a mortgagee takes precedence over that of laborers, contractors and material men whose connection with the con struction of a building began subse quent to the filing of the mortgage. Justice Ailshie, In a vigorous dissent ing opinion, lays down the doctrine that the claims of all who contribute to the creation of a new building, either with brain, brawn, or material, relate back to the commencement of the structure, and that under the lien law of this state they are preferred claims to those held upon mortgages given to secure loans made after the building is com menced. The case is that of a large number of laborers and contractors who filed liens to secure their claims against the Dubois flats. Their rights were * w a company, which held a mortgage on ! the property to secure two loans, ag- | gregating »30.000. made to Dr. Dubois. Kuit was commenced to foreclose the | mechanics' and laborers' liens in the district court of Ada count*, the loan company being made a party to the ac-j tion. j Quarles & Pritchard. Wyman * Wy- ! man. Johnson &■ Johnson. Davidson K- i Stoutmeyer. Gustave Kroeger. J. T. 1 Morgan. R. L. Rlewett. Henry Johnson. , F. Koelsch. j Neal & Klnyon. Charles Silas W. Moody. Hawley. Puckett A- ] Hawley and Hugh E. McElroy appear- 1 ed for the claimants, while the loan ] company was represented by Alfred j 4- Fraser. i T Judgfl Stewart, in the court below,! decided In favor of the lien holders, | giving them priority over the claim j of the mortgagee, and the loan com pany appealed. The supreme court, by a majority opinion, reversed the district court, re manding the ease with Instruction to enter judgment in accordance with the views expressed. The syllabus gives the construction of the law of the ease, as follows: 1. Tn adjusting the rights o£ lien holders under the provisions of sec tion 5 and other sections of an net to sequre liens for mechanics and others 'approved Feb. 7. 1899. (Ses. Laws 1899, page 147), where the erection or con struction of building was not let to any one hut the owner employed men to furnish rock and do the rock work and employed others to furnish the i I bricks and others to lay them : others | to furnish other materlAls; others to j furnish and do the plumbing and others , 1» db the carpenter work, etc., the court in the Judgment, must declare the rank or class of liens In accord ance with th« provisions of section 11 of «aid act. and where a mortgage lieh attached prior to the time that either or xhy of such lien claimants com menced work or commerced to furnish material, the Hen of such mortgage is prior to the liens or the last mentioned laborers or mnterlal men. I 2. Th* provision* or section 11 °f j said act apply to cases in which there j are no Intervening mortgage liens, j Where mortgage liens are Involved In the foreclosure of mechanics' and ma terial men's Hens, the time or the date when the building was commenced or the laborer began work or the material | men commenced to furnish material. ■ mint betaken Into consideration ln de- I termlning the priority of such liens ever the mortgage liens Th# derision, according to Justice Ailshie, virtually nullifies the lien law of the state and takes from mechanics and laborers the protection the legisla ture Intended to surround them with, and opens the way for unscrupulous men to conspire to defeat the claims of those who labor and furnish material for buildings. The opinions are necessarily very lengthy, covering many pages of type written matter, and are too long for newspaper publication. WAGON OVERTURNS ON GRADE Mr. Naylor Meets With a Serious Ac cident on a Bad Piece of Road in the Salmon River Country. X. C. Naylor, of the firm of Naylor * Norlln, who are working on a con tract on a mining flume on Salmon river, arrived in the city yesterday bring with him the wreck of a new w agon that he was unfortunate enough to lose in a bad mix-up last Monday afternoon. Mr. Naylor Is engaged at present in directing the work of con structing three miles of flume for the Idaho Placer & Quartz Gold Mining company on Salmon river and had a four horse team hauling lumber from a saw mill on the mountain. The wagon slipped off a bad grade and dragged the team into the canyon below, a dis tance of 1,000 feet, w recking the wagon completely and tearing the harness to pieces. The horses were badly cut up hut not permanently Injured. The accident made it Imperative for Mr. Norlin to seek other equipment and he came to Lewiston for another team and wagon. He will also take back an additional force of men and teams and hasten in the completion of the work, which he thinks will take 30 days. While here yesterday Mr. Naylor re ceived a telegram from Mr. Norlin. who is now at Colville, to the effect that the firm had been the successful bidders on the waterworks to be con structed at that place and Mr. Naylor will go there soon to look after the Job. The Colville contract will call for an expenditure of about *15.000. NOW GOES TO CANYON COUNTY President Black and Others of the Nor mal Faculty Start on the County Institute Campaigns. President Black, nf the Lewiston Normal, returned Wednesday from his ! last night on the owl train for Cald | wnJ) where he will have charge of the county institute for the week hegiit | T ,ing August 21. He will be joined at c a ],Iwell by Miss Piekell, the new primary critic teacher, who will spend the week there. The following week j they will he at Moscow where the Joint ! institute of Latah and Noz Perce i counties will he held. 1 President Black has had an extensive , inquiry about the work of the school j for next year and says that the outlook ] 1 ] j i has never heen so encouraging. News from the teachers of the normal is to take up the work of the year. There will be three Pew teachers at the coin ing session, all ladies. ADMIRAL CLARK The Hero of the Oregon Has Retired i j From the Nevy. An inexorable law retired Admiral Charles E. Clark from the navy on Thursday last. An age limit is neces sary probably to give younger men a chance; the regret is that men like Ad- < '> mirai Clark ever grow old. He sprang I into fame as quickly as did Admiral j Dewey: to him and to his chief engi- ] n I in neer is due more of the £lory of the an nihilation of Cervern's fleet than to* all the other captains and engineers who made high names in that battle. , His was the only ship that was per- j fectly prewired for battle Texas, and she uns but vessel. Then the way the Ore*nr except the an inferior wnB c , enr proof that Hi]f , * aa thei . e for po purpoiM , e3tcept to wln , and the ftr „ Rood that hart the Oregon be(>rj u)one , n , he fiKh , thP reault would have been the same. Indeed, all the way up the Atlantic from Bahai, Bra all, Clark was hoping to meet that Spanish squadron. He had his plans I all made ns lo what he would do in that event, and when at Bahai he began to receive cable Instructions from Washington, he answered back: "Don't ha> uer me with instructions; the Ore gon --an take care of herself." Admiral j Schley's ship, the Brooklyn, was rated j aH Knots per hour faster than the j Oregon, but the latter raced through that fight side by side with the cruiser, and It was her shots that e.aused the Colon and Vlscaya to turn inshore and be beached. When the roll of the great | naval commanders and fighter* of the ■ world is made out the name of Clark I should be close to the top of the shln ing list. There are not a dozen in all history that should precede his.—Goodwin's Weekly. Nipht Train L*wr«t*w-8pe The new train on the N. P. between Lewiston and Spokane carries stand ard sleeper, first class day coach, smoker. TT. S. man. baggage and ex press cars. Leaves Lewiston dally at 11 p. m.. arrives at Spokane 6?sr. a. m.: leaves Spokane 11:30 p. m.. ar rives Lewiston 7:30 a. m. W. J. JORDAN. DECIDE AGAINST SQUATTERS Holders of Valuable Timber Cut Out by Land Office Decision. Coalfax, Wash., August 16.—All fil ings under the timber and stone act, In the proposed Shoshone forest re serve, near Wallace, Idaho, have been rejected by the land office department at Washington. Colfax citizens who have held "squatters' rights" on timber claims in that district for the past three years will lose their right* and the mone ythey have expended for the same. Official notification from Reg ister Dunn, of the Coeur d'Alene land office has been received by all those w ho ofTered filings In that district on , July 13. The notices came by register-j n,a< ed letter and are all of the same char acter. Following is a copy of one of the notices received: "Dear Sir: Tour application fr> make entry of (here follows a description of the land) land under the timber and stone law has been rejected for the reason that all of said lands applied for are within the proposed Shoshone forest reserve and not subject to entry under said act. Thirty days from the above date are allowed you in which to appeal from the rejection of said ap plication." The notices are signed by R. N. Dunn as register of the United States land office at Coeur d'Alene. Idaho. Many citizens of Colfax. Tekon and other points In Whitman county secur ed "squatters' rights" on lands In the district which it is proposed to set aside as a forest reserve. These rights were secured at the time the land was sur veyed. about three years ago. Each : applicant paid »123 to *150 for being "located" on the land and having a ! cabin built. Each applicant also spent in visiting his or i ,irt ( j It is understood considerable money her claim at different times nuel some of them are out as much as *250 in the effort to secure the land, which is val uable only for its timber. These per sons have acted in good faith and when the land was opened for settlement on July 13. they visited Coeur d'Alene and application to file on the land. Register Dunn notified them at that time that the filings could not he ac cepted and would not take any money from them, hut accepted the papers In each case. The settlers hoped in this way to preserve their rights, and In case the land Is not set aside ns a re serve they believe their filing« will he that a hitter fight will he made In the next session of congress against the establishing of a forest reserve including these lands. If < '> î »*mants will he nccepted. Fully inn I r,n lms ,n ,haf district were located hy j rltli ' f 'ns of eastern Washington. About ] n sonr, ' nt Folfnx people have claims congress does not make It a forest re sene it Is thought the filings nf the I in that district. |, Turkey Red Varifety fend Wae Raised SHIPPED 9,000 BUSHELS on Jièk Mfetörmick'i Tam* Wheat Ranch. Jack McCormick this week made a shipment of 9,000 bushels of Turkey Red wheat to the Tacoma market. It is One of the hardest grains grown in the country and was raised on Mr. Me- j Cormlck's Tammany ranch. It is fine] for milling purposes and brings a price equal to that of bluestem. which at present is about «2 cents per bushel. The wheat is rail sown and although, not so full and plump as the club and some other varieties, the quality in manyrespect* Is considered superior, and the grain Is beginning to be raised quite extensively In this country. in the F. W. Newman warehouse at the O. R. A N. boat landing. Mr. New man warehouse . . .. says the la now receiving at the house about «00 sacks per day and T . h K T"" " t0r * <3 f ° r ? WpnW " n * ee-mon «.a,» mise n . . tween five and six thousand " ok " which 1- as much as was handled ** the warehouse during the entire season last year. With what has already been shipped and that remaining in the house to date shows the receipts of grain so far to be over 11.000 sacks. He Is receiving some Washington grain this vear and It Is expected the re-] celpts of the warehouse this season will be between twenty Jind thirty thousand sacks, which will be an Increase over laut year of from fourteen to twenty thousand sacks or better. Taking these basis one should be able figures as to get a fair idea of what the increase In the grain yield this year will be over! that of last. GULDESAC 1$ ROUTE CHOSEN Line is Shorter and Grade Better Last Inspection Now Beinf Made Though not definitely announced it is known that the route via Culdesac will be the one chosen for the main line to serve the Nezperee and Camas pipl rie countries and the Waha section will be served with a spur from Lewiston running by way of the Swallows nest It Is given out by those close in touch with the situation that the route by Culdesac Is 10 miles shorter counting the Waha spur than the route by any other way and that the cost of mainte nance and construction of the Culde , sac n ne W ould be from (60,000 to *»0, 000 cheaper annually than the route __________ : Salmon R.var Stockmen Send ( j 0 Omaha. ! Orangeville. Aug. 15.—The Standard sa , ; „. Some of the enterprising stockmen by Waha would be on account of the expensive switchbacks and the north hillsides that would cause constant slides In the spring and winter months. The graile by Culdesac is said to be less than 3 per cent while the other routes could be reduced to little less than 4 per cent. Russell Chase, assistant chief engi neer of the O. R. & N. and Division Euglneer Croswell, of the Northern Pa cific. met in Lewiston Wednesday and left Thursday for Culdesac to inspect the route and a definite announcement is expected on their return to the city as it Is known that the several engi neering parties are gathering In the vicinity of Culdesac presumably to be gin the cross-sectioning work as soon as the announcement is made. WILL SHIP CATTLE EAST Load a If ! of the Salmon river, who have wearied of keeping their fat steers without a chnnee for a good sale at what they consider fair prices, are planning to gather up a train of of their good aver age beef animals and ship them to the market there at a cost of nbput »10 a head, which at the prices now ruling will net them *0 to tin a head more than in selling for the western market. Seth Jones. <5. J. Hall, Wyatt & Canfield, and a number of other stockmen will contribute to th.- train load. If the venture proves profitable, they will send out many hundreds of fine steers this fall, instead of keep ing them over the winter. A few cows will also be shipped In all probability, as an experiment. Idaho cattle- are top ping the market for western stock, and the Idaho county growers believe that | thHr rn ttle are muc h better than (he j KO uthern Idaho cattle that now have such a reputation on the market. PEACHES HARD TO GET The river transportation situation has made it very difficult to get fruit in the city. The Inland Commercial company are deluged with orders w-hich they have been unable to fill. Without the river service Ihe means of getting the fruit into the city Is so expensive that it harlly pays to handle It. The Inland Commercial company, however, are endeavoring to supply as many orders as possible and thl« week sent a nan to the fruit orchards tn arrange with the grult growers for freighting tbp fru)t , n p,,)| man by team and ex , lnB tt froni th ere to Lewiston. This yprv p , ppnstve and places the price arbpK ollt ot ,he reach of many, ^ 1# ppnts ^ bo , from Wawa ' Bnd 17 or i« cents ex fr „ m fhPra to Lewiston, thus * _ or rents on , ac h box t0 thp H ,y. ThP wholesale price not bc than from 81.» I to 11.25 per box are shipped in from the Yakima coun j ^ charges are , ^ ^ pow tb „ r(ute h * r e 0 w The Spokane whole-j !!mle'prices on "the best Crawford. are|ral *1.00 to *1.25 per box and .hey! to the suspension of the river traf- | i " pv „ t ^, rtpRlera fa „ to under- I j M * hUrh prlc cs of peaches and | j stand th P r ; are thej . | charged b > J*«- ' rtt * atlon : : are extortionate^ When the^MtuaH o , is fully un ^ rBt °? d reasonable :,« ; the prices charged are as reasonable as could be expected under .he existing j J circumstances. Another reason tor , ( higher prices thin >ear iv t e Fc,<rr | : of the peach crop. Boxes that yo.lj j could have bought at the orrhar « äs j year for 50 cents you have to pay more for this season and this fact taken In o ith the transportation I consideration situation Is responsible for . g t price» of th# fruit. BUTTER MAKERS TAKE WARNING Th# State Law Will Ba Strictly En forced After September 1. The following has been received from A. F. Hitt, state dairy food and oil commissioner: I wish to call the attention of the public, and especially the butter-mak ing part of the population, to the re quirements of the new law governing the branding or labeling of butter or butter wrappers. A part of section IS of the New Pure Food laws read, "All butter sold or offered for sale within the state shall have the name of the manufacturer and place of manufacture upon the label." A portion of section 20 reads: "Each package of butter offered or exposed for sale shall have stamped upon the wrapper or the package, the Rctual number of ouncea contained In aald package. Each square or roll of but ter kept, exposed or offered for sale In the state of Idaho, which Is repres ented to contain one pound In weight, shall contain full 18 ounces; and a square or roll representing two pounds in weight, shall contain full 32 ounces." All butter which has been packed In tubs, firkins or other vessels shall be known as "tub butter", and when plac ed upon the market for sale shall have stamped upon it, or If wrapped, upon the wrapper, In addition tn the above, the words, "T*b Butter" In one half Inch Roman letters. The above law Includes all butter whether creamery, dairy, separator or ranch butter. I wish to state that the use of coni tar dye coloring mnterlal In butter Is prohibited by law. The law does not state as lo the kind of brand that shnll be used, but we shall Insist upon a brand of good sized type, and the Ink used shnll be of n quality that will not "run" or go through the wrappers Into the butter and damage the quality of the same. The state board of dairy, fond and oil commission at the meeting held on July 1. ruled that butter must be full weight when sold to the consumer: so It will he necessary to make due allowance for shrinkage. This Is a new lnw and farmers especially may not be familiar with It: therefore I am going to gi a good length of time for everyone to got their butter wrappers printed or get their own stamps for printing the. tail j 1 do urge all butter makers tn fall Into tine as soon as possible and comply with the law. I shall give until September 1. 1995. to comply with the law. and I hereby advise nil dealers In butter tn not han dle for sale any butter not properly branded after September 1. next. I believe this will raise the standard of hotter and If John Doe does not make as good butter ns John Smith It will soon be found out and Mr. Doe will have to go out of business ns a butter inn Wer, No butter-maker should be ashamed to brand bis butter, and If be will stop tn thtnk^he cannot heln hut see that a nice, denn cut. attractive brand helps to sell his hotter. Just the same thnt a nice fancy brand helps to sell other goods. The nim nf the law is tn raise the Standard of dnlrv products and give the producer a chance to protect hi« products against an Infcrlo- class of good«. The only means we have of getting this before the gmcr-'l public Is through the oudi-un nf the press and we hone all newspapers in the state will corn- and puhlteh th,*-- article. Klndtv thanking alt publisher« 'n an tleipatlo" nf a compliance n l»h this request, ! nm Your« mo«* re«peet«ellv, IV T HITT Plate Dnlrv Pood and Oil Fom'lesloner. I ] I WI raids for Railway Train*. Chlcilgo. August 15. -• The ejtpevj tue Is made with *vl.-e|,~W,' tetegrat h> on engines running over the tracks of the Chicago 6 Alton railroad have -»rived so siiccessi'el tha! the man agement of the road has taken st-ps ^ lo equip all the engines nt the company i with the apparatus. Under the new system adopted each l train, doctor which keeps hi... .. the conditions within the engine carrying '* v » ' bclcss slg-| apparatus cons.lt-,,.-, the center of a moveable block e| ngw il | Near the enfm* cap is an in- j informed of blocks of | •< Mch he Is the rent' " Wb m ■ train I . po.oaohes within two mil- to the | rear « green light shew, «n .he indt ^ # WHrnlntr , h e at | mn.ion of the engine,, If the train : 1 « ,o the front « red llgh. flashes and , ^ ^ ^ ^ ^ '«! and the engineer : on both irains j , | I elve them at the ««me '.me Buffalo and Ratura (79.85 Via O. R, A N. Supreme Court ses sion Foresters of America, Buffalo, N. T., August 22-2«; selling dates August 14 and 15. Final return limit 99 days. For further particulars call on oi write C. W. MOUNT. General Agent, O. R. A N.. Lewiston. Idaho. EQUALIZATION BOARD MEETS ^ i Low Value Placed on Lands as Compared With ihdr Worth —Little Profit hi Miaes The reports of th* assessors of th* different counties of th* State to th* state board of equalisation show a a*t increase in the assessed valuation 4M the property of the state of over $6. 000,000, says the Statesman. When It is remembered that the assessed val uation is but a small percentage of th* real market value, thia growth In a single year may be regarded as an ex ceptional one. The first session of the equalisation board of the state was held yesterday, but no business waa transacted, th* other members preferring to wait until the governor should have returned from his over-Sunday visit to hi* ranch. The first business meeting wllf be held this morning at 10 o'clook. The reports from the different coun ties have all been received, and the footings nf (he valuations aa returned 1 to the hoard show an aggregate as sessment fqr the state, exclusive of railroad, telegraph and telephone Unes, of »62, 083,703.67, the corresponding rs IHirts for last year having been only *56.053,621.5». The net increase, there fore, since i904 has been 86,080,088.08. The value of the land of the state has been placed ridiculously low. In Ada county, for Illustration, the aver age asaeaset) valuation is but 818.11 per acre, and this in nearly double the val uation In any other county. Canyon comes second, the value there being but *6.97. according to the assessor, while In Kootenai the price fixed 1» but *2.10 per acre. Five counties report land valuations between *3 nnd *4, these being Ban nock. Ben if Lake, Blaine. Boise and Lincoln. The same number—Custer, Fremont. Idaho. Nez Perce and 88s nhone-—show the patented land of th* county to be worth only from 84 to », all the other counties ranging between *5 and *6. »7 per Here. Only three counties report any as sessment upon the net profit of mlnss —an Intimation which the mining men of the stute would not be ready to agree to. These three counties are Lemhi, wtilcji reports $15.500; Owyhee, with. »236,081 .77. nnd Shoshone, with *2,957,811.(10. The total amounts to $ 8 ,— 209.403.37. Other counties, however, report min ing Improvements, four having mining ditches. nine patented mining land, eight have quartz mills and three con centrators. Nine counties report other Improvements on mining claims. There are seven counties In the state with irrigating ditches, and 14 coun ties report 147 s:i\v mills. There are If planing mills In five counties, and 21 grist mills In eight counties. The three sugar factories In bYe mont am) Ringham counties, one In the former and two In the latter, are as sessed for »610.348. Only eight counties report having any watches or jewelry, the aggregate value of these luxuries being *2.905. A fact thnt may create much satis faction In the breasts of the temper I ancc workers Is that only 11 of the 2t counties retort having any wines or ] liquors. The 10 which make no return I under this heading «re Bingham Cas sia. Fremont. Elmore. Kootenai. Lemhf, ] Nez Perce, Oneida. Shoshone and l Washington. Both common sheep and common cattle show a decrease In number from last year. The sheep now aggregate 1.495.894, as against 1,551,4*6 last year —a loss of 55,552 head. The loss In cattle was smaller, being only 3,532. The comparative figures are 213,542 f*r 1904 and 210.020 for »9*5. Bey Lest in the Hervest Fields. _ AtIf>rn „ y K K returned to the city yesterday after «pepdtng n week riding the Pnlouse enivntry In search of his son who ran «way from home last week. Mr. Fogg has definite Informa tion that his hoy is not drowned, but Is somewhere in tbp wheat belt of the upper country. He was seen and rec ognized last Thursday afternoon on the Genesee-Uniontow). read headed for the latter ptnoe. Mr. Fogg rode three dayR this week from place to place fol lowing up one clue qnd another, but did pot find his son. The lad. like ! many others, is following up the har ! vent and will probably return in a few week* benefit. teil hy his experience. Judge F. C. Steele arrived In the city* yesterday and this morning opened court In chamber* to «Hspose of some legal matters which need to be settled j before the fall term opens.