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MONTPELIER EXAMINER No. 21 * VOL. XV MONTPELIER, IDAHO, FRIDAY, JUNE il, içcq IMPURE FOODS MUST GO by did < Adulterated Products Must Be Removed From Stores* < State Pure Food Commissioner James H. Wallis, acting under the direction of the slate board of health, Saturday issued notice to all grocery tnen doing busiuos iu Idaho to re move all impure or adulterated food products from their shelves. This order applies especially to canned goods, iu which various préserva lives are used, specifically prohibit ed by the statutes ot ihe state. Com missioner Wallis stated it was the intention of the department to giv, all dealers a reasonable time to com ply with this legulation, after which complaints would be filed by him as rapidly aB offenders are detected. Saturday, accompanied by Sttte Clnmist C. 1> Mason, he visited a large number of Boise stores. At three places adulterated canned goods were found, ordered removed from the shelves and offered for sale a 0 ain under penalty of arrest. Samples of vinegar and dairy pro ducts were taken for the purposes ot making analyses "Generally the grocerymen," Mr Wallis staled, "are complying with the laws. Those who have not I believe have been violating them through carelessness, rather than wilfully." At one Boise creamery, where a large quantity of ice cream is made daily, several large packages of "lee Cream Filler," an unlawful prepara tion, wer« found and confiscated. The proprietor was warned not to repeal the offense. Referring to the dairy business, Mr. Wallis stated the hoard of health had directed hnn to initiate 'We will of kept, showing the minutest details in the construction of the plants, the condition of the cow«, location of the stabh-8, the sanitary condi tion, the location of the milk room and in fact a detailed description-of the entire dairy of each producer. "These sco.es, when complete, will give an accurate line on eveiy dispenser of milk and cream through out toe stale. Copies of tbe scores will be forwarded to the milk pro ducers and dealers, and should the not be sat'sfactory, it will be necessary for changes to be made immediately, in ord.-r to bring the score up to the standard. "Anothermaticr that will be given close attention is the sanitary condi. tion of the cans and other utensils used for delivering the milk and cream to the public. "The natural conditiou. of Idaho are such that the state should pro duce the best butter, cheese, milk and cream of any slate in the Union. Climatic conditions are ideal, and the pure water and cool nights are conducive to piodueing the best of products. "- -Statesman. a j urity campaign, adopt the government method of scoring each dairy," he said, this end a detailed score will be "To : -v score . V products. TIE SUPREME COURT REVERSES DECISION "No liability attaches for damages sustained by reason of an act of God or foroes of nature. Such was the opening statement of the supreme court iu an opinion handed down the celebrated Boise yesterday in county flag pole case, Eva E. Lamb, administratrix, vs. B. Lioey and others, members of the local camp of Modern Woodmen of America at Sweet. This action was commenced \ I by Mrs. Lamb to recover $20,000 dhmages for the alleged wrongful death of her husband, by reason of careless maintenance of a flag pole, which was blown down during a storm. A jury in the district court, returned a verdict in favor of the plaintiff in the sum of $7200, where upon an appeal was taken. By the opinion yesterday, judgment was re versed and the case thrown out of court. It is held that the defendants did not negligently or carelessly maintain the flag pole, and were not liable. Karl Paine and H. L. Fisher represented the plaintiffs, and Maw ley, Pi ckett & Hawley the defend ants. a I TIM KINNEY SELLS BIG CLIP OF WOOL The Salt Lake Telegram, und r the heading, "Last and biggest sale of wool closed up here" says: "Winning out after the keenest competition against Boston wool buyers, Marcus Harris of the B. Harris Wool Company, bought the largest and finest clip taken in Wyoming this year. The-clip was that of the Tim Kenney flocks at Cokeville, Wyoming, and aggre gated 500,000 pounds. The price paid for the wool was more than $110,000. The wool will be con signed to St. L»uis. and will fill 25 i>f the largest freight cars hi u'ed over the Union Pacifie. This is the last big clip of the Wyoming mai. ket ami «as keenly sought for by Lite Boston buyers who desired it parlieularly because of the txcep tionally clean condition and fine quality of the woo'. Mr. Harris re turned from Cokeville last night." A THE HIGHEST IN FIFTEEN YEARS Snake River Cut of Banks in Low Places and Lands Flooded. ' in the Thc S..ake river is higher at this point than at any time within past fifteen years is the verdict of those U who are acquainted with the condi L r tioiiB locally for that length ol lime j The unusually heavy snows in th^ the mountains at the source of the' stream coupled with the warm winds of the past few days is responsible for the present stag.* of htgh water The river ts to go higher is the pie. diction of those who are posted on conditions. The bridge across the river here is a great place for sight seers. The waler is roaring thr mgh the oanyou under the bridge with a Niagara speed and is whipped into great whirl pools and eddys as it strikes on the lava rocks and re bounds. The old dry bed is run. ning almost bank full and is as large as the main channel ordinarly. On the east side tbe river covers all the lava and is lapping at the doorsteps of the houses in that district, ed nrs was of of At the plant of the 1. R. T. the water is almost up to the floor of the building and is spread over a great territory held back by the dam. There is no danger of the dam going out Mr. A. V. Scott of the I. P. T. company says that the dam is buiL to withstand any pressure. Reports from up the valley state that the Swan valley bridge across: the South Fork is out and that the j bridge across the same stream at J Lorenzo is reported in a dangerous'to condition, Menan being cut off. j Several other bridges are reported in danger , I A number of workmen are busy t both sides of the river at the headgates of the Farmers Progress canal strengthing the works there. At Heise's hotel yesterday the water had just reached the front porch of tbe building. The river wide near Market Lake and on is very at the Holme's ranch a few miles north of town. No particular dam has been done other than to age bridges. is be be i§ ;7:''■ • : . -V. 1 - . ; v; ; : : » ili! :.:'L * _ -J _ ®r 1 ~ : vr It'.ISS MARGARETTA DREXEL, ONE AMERICAN HEIRESS WHO AGAIN SCORNS TITLED SUITORS. Again this season London society Is asking who Is to be the lucky mar quis. duke or curl to win the hand of -Miss Margaretta Jrexel, the wealthy Hid winsome American girl. For three seasons Miss ttrexol has been a charming figure In the smartest circle In England and still remains heart whole. She is regarded again ns the "star catch." but she is at discriminât ing as she Is clever and has not yet met the fairy prince. EXERCISES OF PUBLIC SCHOOL A Fine Program But a ;$° Small Attendance* I I Ity ' The eighth grade graduates—13 in number, two of the class being received their diplomas last I Friday night. The attendance at \] the exercises, which were held at the/ absent U D g mectlllg house, was small L r 8()|ne UIlknown reason, but thn f! j hoi detrrot from the interest of the evenillg . _ , a it I do _ TlïFpTaiform was noatly decorat. j ed in green and while, the ilissiol I nrs and su: pended from the ceil'ig was a transparency, which bore the class motto, "Step by Ftep." , j The exercises opened with invr cation bo Prof. Stevenfon; printip: 1 of the high scheol. The address of welcome on behalf of the class was given by George Hess and the validictory by Toinora Phelps. The address to the class by Prof Bramweli of Fielding Academy, was listened to with deep interest. Tbe professor is a very entertaining talker and he gave some very whole some and timely instructions to the giaduates, and older people as well. of a T. President Winters of the school, board, m his usual pleasing manner, | , presented the certificates of gradua : lion to the class. Tbe exercises closed with benedic tion by Rev. C. K. Elliott. The banquet which followed, was participated in 'by the graduates, their parents, teachers, members ol the j the school board and a few invited at J friends. After all had done justice the good things to eat, Prof. off. j Stevenson, as toastmaster, announc ed the following toasts: I "TheNew Recruits," by Raymond busy t Reese of the 12 grade, the the river and the school board. "Our Class," by Wallace Shuj e of tbe 8th grade. "High School," by Superintend ent Banghart. "Drifting," by Frank Miles of miles dam to "Dreams," by Mrs. Henry Spi dell of the school board. With best wishes to the gradu. ates, the guests dispersed. camps ette, tiers have nine sheep ney's tion, lest ty. to authority to call to his assistance for such aid at is necessary to efficiently be be SHERIFF CAN EMPLOY HELP ;$° $ a Y s Supreme Court in Recent Decision* D'smissal of the case of Roheit iX/uisdon vs. Washington c mnty, an •tion to recover judgment for sala paid speeial deputies employed Ity Lansdon as sheriff, by Judge Bryan was reversed today by the su preme ci urt in an opinion banded in which it is held, that a sher \] , ICS I do n, iff,bavinxpress auth .rity under a warrant to arrest a person charged j whh a crim#| ha , also the impl.ed I , execute the authority given him to j arrest and the oxpeJne so incurred becomes a public charge, brought the action against Washington county to re cover the sum of $120 paid to two guards pin ed over Nellie Griffith, charged with murder in 1806 and ho suboequently died at the hospi tal where she was under surveillance. The opinion is written by Justice Stewart and is concurred in hv Chief Justice-Sullivan and Justice Ailshie. The syllabus by the court follows: Section 8538, Rev. Codes, which authorizes the sher'ff, when ncces Lansdon aar y ) with the assent id writing of | , he p ro bate judge, or in a city, of t j, e ma y 0r) * 0 employ a temporary : guard for the protection of tbe conn ty jail, or for the safe keeping of the prisoners, the expense of which is a county charge, has reference to temporary and emergency eases where it is necessary to employ sneh assistants or guards for the immedi ate protection of tbe jail or the safe keeping of the prisoners therein, such as where assaults are made up the county jail or efforts are made to release prisoners therefrom, riot or outbreak occurs in tbe ol on or a jail, or in ease of fire or an epidemic. This section has no application to where it is necessary for the e of cases sheriff to employ assistants to aid in the execution rtf tbe processes of the law. Spi Where the sheriff of a county re ceive» a warrai t fqr arrest and makes such arrest, but because of tbe ill ness and physical condition or t ^ e prisoner in a woman and no provision 1 is made in the county jail whereby such prisoner in her condition can be cared for the sheriff may appoint guards to guard such prisoner until her condition is such that she may be confined in the jail. A sheriff of a county has not only the authority expressly given him by statute, but also such implied au thority as is necessrry to efficiently execute the express authority given. A sheriff having the express au thority under a warrant to arrest a person charged w ith crime, has also the implied authority to call to his assistance such aid as is necessary to efficiently execute the express au. hont y given him to arrest, and the expense so incurred becomes a pub. lie charge. This implied authority, however, cannot be extended into general au thority so as to authorize the cm. ployment of regular or permanent deputies. It is possessed by the sheriff only in emergency cases, when necessary in executing the process of the law. RANGE WAR IS SETTLED AT LAST court Denver, June 10.—According to Republican special from Sundance, hydro Wyo., the criminalities which grew near out of the raiding of the sheep the camps and burning of the ranch (dan buildings ol the Rodney King Sheep carry company and tne Guthrie Shiep company of Moorcraft and the Gill- power ette, in Crook county, which bor- came tiers bn Montana and South Dakota, tered have been settled out of court, the the nine defendant cattlemen paying the made sheep company's alt damages, attor- a ney's fees and expenses of prosecu- a tion, and agreeing to not again mo has lest the sheepmen. The valuable range in dispute is also left to the nave exclusiye use of the sheepmen. it Last December Or n Squires, with George Martin, Sam McKean, Dan with Mosshurg, Jeff Mulholland, Stanley «till Baugh, Andy McKean, Isaac Me Kean and Henry Zimmersfield wcie arrested in connection with the nas wholesale slaughter of herds of one »heep and burning of ranch proper ty. Squires and Martin, according | )lU to the Republican, made confessions implicating the other seven in which , they told of the formation of a gang for the purpose of drividg the sheep- hu men f roln Crook county. This in eluded a death compact, it is said. t |, whereby if any member of tbe gang CO divulged what happened he was to j n be killed by the others. Squires refused bail after his ar- t0 rest fearing, it is said, that be would be summarily dealt with by those of t j the gang still at liberty. Subse- re quently both Squires and Martin re 0 pudiated these alleged confessions, hut the prosecution continued to press their case before the court un. til the compromise, said to have been offeaed by the defendants, was offered and accepted. Washington, June 9—By an aye and nay vote of 40 to 30 the senate day adopted the finance com mittee's amendment restoring the Dingley rate of 30 cents a pound on wool top wash and other waste, The house rate was 20 cent*. Pro gressive republican, generally voted) with the democrats aga>ost the in crease. WILL ACCEPT NO SUBSTITUTE Washington, June 9.-The senate was canvassed today to determine what would be the fate of a propr H iUon to place a tax on net earnings a-t a substitue for an income tax and to are tbe it was developed that there was an overwhelming sentiment in oppo sition to such a plan. Practically all of those opposed to the incon e tax idea are against the corporation tax, and the supporters of the in come tax refuse absolutely to be sidetracked from the principle for which they are contending. THE SENATE RESTORES DINGLEY RATES ON WOOL to the aid of re ill |R|A OAMTFOT KIIm III IN | | |\ | WWi* ■ fcw I Alim |j|i«fn ll.lf L U A I Lll w W Lll TV I Lll IIJ DTAD I A|(C |N DlFiR LrilVt Telluride Power Com pany's Rights Dis puted* The Pocatello Tribune of June IHh says: To eoetest the right of the Teile nde Power company, a foreign cor poration, to the waters of Bear Lake, a magnificent body of water in Bear Lake county, is the intent of a syn dicate of stockholders and officers in the Portneuf-Marsh Valley Irriga tion company, who have filed on the water in question and are pre pared to defend their filing in any court in the land. The Telluride company, which owns a mammoth hydro electric plant on Bear river near Grace, filed on the waters of the lake in 1000. The company's (dan was to tunnel into the lake and carry the water to Bear river, to i>e diverted lower down for use on its power plant, which enlargement be came neecssaty. The company en tered into a sort of agreement with the federal reclamation service, who made a filing on the lake, to expend a considerable sum of money within a specified time. This the company has failed to do, according to the Portneuf-Marsh Valley people, and nave therefore forfeited their right, it is said. Even had they complied with the terms of their agreement with the government, there would «till be good grounds for a contest, recording to the new filers, on the ground that a foreign corporation the nas no right to take the waters from of one slate into another. j t a f act ,, ot generally kno«n, | )lU a f act nevertheless, that the waU , r frolJ1 ß par j jakl; uan be brought , llto t b e Portneuf river, and it is this peculiar geographical and topogrsp. hu . a l fact which impelled the Port in- Marsh Valley people to file on said. t |, e waler It ig the plan of the gang CO mpany to put in an electric pump to j n g plant at the lake, lift the water three feet into a canal, and carry it ar- t0 ß ear river . to be diverted lower jown and carried in canals across of t j u , divide into the Portneuf to be re .diverted and used iu the iriigation re 0 j an immense tract of fertile land nol includt , d in the Portneuf-Marsh to , -, „ . un. Valley company's 12,000 Carey act have segregation. Power for pumping was from the lake is available in various streams in Bear Lake oounty, and the cost of installing an adequate plant will be inconsiderable, when the amount of water available ts taken into consideration. Joseph Burns, general manager of tne Portneuf-Marsh Valley company was in the city yesterday, and ac knowledged to a Tribune man that the Bear Lake filing had been made through Edwin Snow, the company's The lake cover* If one foot of water were pumped from it, the result would be 179,200acre.feet, or enough water to irrigate that number of acres. If the new filing is favorably passed upon by the courts, it is the aye lnlentl0n G f the Portneuf Marsh senate y to app l y to the slate com- , H * , .. . the land board for another l tg segrega| on tion in Bannock county, including waste, the magnificent tract of land l)ing Pro- ( Uie we8t Bit j e ,,f t be Portneuf voted) Pocatello and American in senate propr and an oppo incon e attorney m Boise, in- ijso acres, be for WOOL Falb.