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On Dollar Day
WE WILL GIVE y|[)U $1.00 OFF IF WÈ furnish wall paper and ..labor per ..room We sell 10 double rolls of Wall paper for $1.00 ONLY FRIDAY AND SATURDAY JUNE 3 ON DO 1 Door East GEM StATE LUMBER CO. PHONE 349 DAY JUDGE D. C. KURZ (Continued from first page) July 3 , 1890, the territorial laws pro vided for a district attorney for each county; that he should reside at the county seat, and that he should main tain an office and office hours at ' * county seat. These laws also pr scribed the duties of the district at torney. Seo R. S. 1887, Sec. 2052. Sec. 18 of Article V of the Consti tution, as adopted reads: "No. 18. A district attorney sha|ll be elected for each judicial district by the qualified electors thereof who shall hold office for the term of four years, and perform such duties as may be prescribed by law. He shall be a practicing attorney at law and a elector of the district. e resident and He shall receive as compensation f6r his services twenty-five hundred dol lars per annum." The first state legislature enacted a law fixing the duties of the district attorney under the constitution, b|at did not re-enact the matters covered by Sec. 3561 or 3564 C. S., being the matters then covered by Secs. 18 2 and 1826 of R. S. 1887. These sec tions, insofar ap they relate to dis trict attorneys, are repugnant to tue provisions of Article V Section 18 of the Constitution. A district attorney elected from a judicial district com posed of several counties could hot reside at each county seat and main tain an office and office hours at each county seat within his judicial district. Therefore, these sections, 1882 and 1825 Revised Statutes of 1887, being repugnant to the consti tution were not continued in force by that instrument. Subsequently, on November 27, 1896, Sec. 18 of Article V of the State Constitution was amended to read a* follows: "No. 18. Prosecuting Attorneiys. A prosecuting attorney shall be delet ed for each organized county in the state, by the qualified electors of such 1 IF Grand Cafe I UNDER NEW MANAGEMENT ■ EVERYTHING CLEAljr AND uptoJdate. The Best| Steaks and Chops in Town ■ Try Our Regular Dinner for ■ 40c « ■ GRAND CAFE \ * WE GATER TO FAMILY TRADE. P M Perhaps You Don't Know says the Good Judge /J How long a little of the Real Tobacco Chew will last Nor how much gen uine chewing satisfac tion the full, rich real tobacco taste will give. Ask any man who uses the Real Tobacco Chfew. He will tell you that this class of tobacco will give more satisfac tion— and at less copt— than the ordinary kind. Fut up in two styles ' w-p OUT is a long fine-cut tobacco RIGHT CUT is a short-cut tobacco 1 county and shall hold office for the term of two years and shall perform such duties as may be prescribed by law; he shall be a practicing attorney at law and a resident and elector of the county for which he is elected. He shall receive as compensation for his services a sum not less than five hundred dollars per annum, nor more than fifteen hundred dollars per an num, to be fixed by the board of com missioners of the county at its reg ular session in July next preceding any general election, and to bo paid quarterly installments out of the county treasury." In 1897 our Supreme Court held this amendment substituting county prosecuting attorneys for the dis trict attorneys, was not self-execut ing, but required legislature to give it force and effect and that it did not go into operation until the time fixed by law for county oofficers to qualify and enter upon the discharge of their duties. Hays vs Hays, 6 Idaho 154. The legislature at Its Fifth Session under statehood, by an act approved February 2, 1899 and declaring an emergency, set forth in detail the qualifications and duties of the pros ecuting attorney, but does not em body therein any requirement that he shall reside at the county seat or maintain an office and office hours at the county seat. So far as I have been able to learn after diligent search, the state legislature has nev er re-enacted the provisions of SecB. 1822 and 1825 of the Revised Stat utes of 1887. It is true that the sub stantial provisions of both sections as they are substantially the same as who is also termed proecutlng attor ney, have been carried in the sev eral code compilations since the Re vised Statutes of 1887. It will be noted, however, that the Revised Codes of 1909 provide: "The pro visions of these Revised Codes, so far as they are substantially the ame as existing statutes, must be construed as continuations thereof, and not as new enactments." Sec. 5 R. C. 1909. To the same effect see. C. L. 600: 6 and C. S. 1919, Sec. 9445. Changes mado by a revision of a statute, as distinguished from legis 2 of to lative amendment, will not be re garded aa altering the law as it exist ed previous to the revtBion.unless it is clear that such was the intention, and if the statute as revised is am biguous or is susceptible of two con structions reference may be had to prior statutes for the purpose of as certaining intention. Libby vs Pelham, 30 Idaho 614. Sections 1822 and 1825, R. 8. 1887 niebg repugnant to the provisions of Sec. 18, Article V, of the Constitu tor insofar as these sections relate to district attorneys were not contin ued in force on the adoption of the Constitution, and never having been re-enacted by the legislature since the constitution went Into effect, it follows that Sections 3551 and 3554 Compiled Statutes are not In force and effect insofar as they relate to the prosecuting .attorney. In view of the conclusion reached, it is deemed unnecessary to discuss the the rer, der an ed an he or as Re be far as as Sec. a \- . Ship and Sait under the Stars and Stripes to all parts of the world S HIPS with the Stars and Stripe* blowing from their masts are once more sailing the seven seas. They are, by the Mer chant Marine Act, 1920, . . ultimately to be owned and operated E rivately by citizens of the Inited States»" They are American ships, carrying passengers and, as President Harding has said, **. . . carrying our car goes In American bottoms to the marts of the world." Keep our splendid ships on the seven seas under the Stare and Stripes by sailing and shipping on them. Free use of Shipping Board films Use of Shipping Board motion picture films, four reels, free on request of any mayor, pastor, post master, or organization. SHIPS FOR SALE (To American citizens only) Steel steamers both oil and coat Also wood • steamers burners. wood hulls and ocean-*oln* tuas. Further Information may be ob tained by request. 1 For sailings of passenger and freight ships to all parts of the world and all other information write to U. S. Shipping Board WASHINGTON, D. C. COMMISSIONERS PROCEEDINGS Commisstoners met at 10 a. m. this 23rd day of May, 1921, pursuant to adjournment of May 7th. Present: Wm. R. Morgan, A. A. Hart, Commissioners, D. C. Kunz, prosecuting attorney, and Silas L. Wright, clerk. R. A. Sullivan was also present and submitted his cer tificate from the governor of the state of Idaho, whereby, he Is ap pointed and commissioned to be county commissioner for the Third district, Bear Lake county, Idaho, and the following proceedings were had, to-wit: Under the direction of the chair man, pro tern, the clerk administered tho^oath of office to R. A. Sullivan as commissioner of the Third dis trict; whereupon the commissioners proceeded to organize toy electing Wm. R. Morgan, chairman. The following official bonds were examined, passed upon and approv ed, and ordered filed for record. Silas L. Wright, Clerk of the District Court — Silas L. Wright, Ex-Officio Auditor & Recorder-.-12,000.00 R. A. Sullivan, Commis sioner Third Dist David J. Kunz, Road Over seer Second Dist__—. This being the day set apart by the Commissioners for the General Public to meet with them and dis cuss the matter of Bonding the coun ty for the purpose of raising money to use in improving the Highway and County roads. A fair represen tation of farmers and business men of the county were present. The matter was discussed at some \ % 6 , 000.00 5,000.00 500.00 length, and the General Sentiment seemed to favor gravel or crushed rock for surfacing, some were in fav or of paving and others felt that it would be better not to do anything at the presen time. The commissioners after hearing the opinions of the different parties, decided that they would not take any definite action, without more infor mation as to Federal and State Aid, and therefore will take the matter under advisement foT the present. Ordered that this Board do now Btand adjourned until Friday June 3rd, 1921. WM. R. MORGAN, Chairmen. SILAS L. WRIGHT, Clerk. Attest: the further objections urged by the defendant. » The amended demurrer will be Sustained as to the first and second grounds thereof, and sustained as to the second, third, fourth, fifth, sixth, seventh, eighth and ninth of the fur ther an'd specific grounds tor demur rer, and overrulled as to the remain der of said further grounds. Plaintiff is given ten days to file an amended information, if he so de sires. Counsel tor defendant may pre rape an order sustaining the amend ed demurrer. Dated this 28th day of May, 1921. B. S. VARIAN, District Judge SIX GILLETTE BLADES WITH HOLDER $1.25 PREPAID In Attractive Case Satisfaction Guaranteed or Money Refunded This Offer for a limited time Only Remit by Money Order .or Cash (No Stamps) FRAD RAZOR CO. 147« BROADWAY NEW YORK CITY Jn3-24 The jinest vzre for Small Cars Goodrich •W-. \ -1 i PJ A. % X s : I h dAnti-Skid Safety < 2read at the Price Reduction 0 11 m r 0 K. ; I Here is a 30x33 tire, with snappy black tread and creamy white sides—clean, trim, splendidly finished—generously large and full in size, with the Goodrich anti-skid safety tread. This tire will give you much longer mileage, the greatest of durability, the utmost riding comfort and the fullest satis faction. Like all other Goodrich tires the "30x33" is made only in one quality. It is so thoroughly and unusually good that its makers frankly declare it the best tire ever made for small THE B. F.GOODRICH RUBBER COMPANY oAkron, Ohio Dealers everywhere are selling Goodrich Silver town Cords, Goodrich Fabric Tires and Goodrich Red or Gray Tubes—all one quality—at the 20% reduction in prices which Gwlri r h maJ. pffpo live May 2nd, 192L - * m « i; 'I! ' ! T 1 7 US 4 § 1 # r ■rag I* f FJ * 0 (C t.V ' »' 0 M fz é m 1 0 0 i: J m S >■ il M fi i h j' ■ f I % i# . i IBM f f cars. w Goodrich 30x31 anti-skid safety tread fabric tire now available at the 20% Price Reduäion which went into effett May 2nd J - Sold by Motor Company » Idaho Bear Montpelier Your Dollars Will be Big Fellows With us on DOLLARDAY 99 Watch our window for Spec ial $1.00 Bargains and they will be real bargains As a Special we will have on Sale THREE SULKY PLOWS ONLY On Dollar Day, Each . tHREE SINGLE SEAT TOP T BUGGIES. Each at.-. THREE KITCHEN CABINETS $ 75.00 ONE FOURTH OFF At $ 12.50 12-INCH HAND PLOWS On Dollar Day at. ii-INCH HAND PLOWS On Dollar Day at. These are all standard articles and our guarantee as well as the Manufacturers goes with each one. $ 15.00 Thiel & Olsen Bros. 'Where Service and Quality Count' Kiiep'Up Fighting Spirit. Be patient with every one. above all with yourself.M mean, don't be disturbed because of your Imper fections. and always rise up bravely from a tall.— Francis de Snles. bnt Sliakespeare's Vocabalary. Shakespeare had a vocabulary of more than 26,000 words. The average vocabulary of the educated person sel Jom exceeds 2.600 words, while that *f the uneducated person often con tains less thnn 800*words. See the New WOODSTOCK TYPEWRITER At the Office of BEAR RIVER VALLEY LAND AND ABSTRACT CO.