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0 . Tenth Annual Ball Woodman of the World Progress Hall, Wednesday/ February 14 , 1912, THE BLACKFOOT OPTIMIST MONDAYS OFFICIAL PAPER OF CITY OF BLACKFOOT AND OF BINGHAM COUNTY, IDAHO. THURSDAYS VOL. V NO. 12 BLACKFOOT, BINGHAM COUNTY, IDAHO, THURSDAY, FEBRUARY 1, 1912 $2.00 PER YEAR CHILD KILLED BY TRAIN AT SHELLEY Fabt Freight Cuts Body Entirely, in Two.—Jury Returns Verdict of Un due Negligence.—Funeral Will be Held Today. Iva Childs, a six-year-old school girl of Shelley, was Instantly killed short ly after 2 o'clock yesterday afternoon, being run over by a freight train in front of the depot at Shelley. It seems that the young girl was standing cn the main line watching a freight train from the south pull onto the siding. So interested was the child in watching the train that she did not notice the train from Idaho Falls, which was a through sheep train and had the right of way, coming down the main line. The southbound through freight, which killed the girl, was known as Extra No. 1019. . Coroner Peck of this city, was noti fied of the accident and arrived in Shelley on Train 113, Tuesday after noon. An inquest was held and the •coroner's jury returned a verdict to the effect that the train crew did not use due diligence in watching for such cases. Engineer Forrest and Fireman Erickson both testified that they did not see the child at any time and they did not know that the train had hit her until notified by the train crew. Despite the verdict of the-jury, many of the witnesses to the accident think that it was entirely unavoidable so far as the train crew was concerned The body was severed at a point just above the hips, the legs, still join ed together, remaining in the center of the track, while the trunk was thrown a few feet to one side. It was a most horrible sight, though the victim probably suffered but little, as death must have been almost in stantaneous. Little Iva Childs was the youngest daughter of Mr. and Mrs. H. T. Childs of Shelley. Mr. Childs is connected with the Shelley Mercantile Hardware company and is a most highly respect ed citizen and the grief of the commun Ity go out to him and his distracted wife. The burial of the body will take place at Shelley today. MAY HAVE LARGE TABERNACLE That Blackfoot may have a large taberncle in the near future is now a poasiblity. Through the efforts of Rev. Edwards of the Methodist and Rev. Jewell of the Baptist churches, this may be brought about Arrangments are being made to hold evangelistic sew vices here in February or March, Rev. George W. Taylor, au evangelist of Chicago, having charge. Rev. Taylor will be assisted by C. B. Lane, soloist and musical director, and Mrs. Taylor, cornetiat) and instructoi| of personal workers. It Is hoped that while they are In the city both spiritual and fin ancial interest will be created to euch an extent that the building of the edi fice may be possible. REAL OLD WILD WEST TOWN Shelley, one of the beet little cities In the west, does not lack for diversity of entertainment Tuesday afternoon, while the residents were saddened by the killing of n six year old girl, two men, who were intoxicated, rode wild- ly down the street and taking down their ropes, made à dash down the eld* walk of the main street and attempted to rope a couple of pedestrians, who were going to n store for ribbon to decorate the body of the little dead child. They, were poor ropers however and succeeded only In catching the stiff hat of one of the men. Marshal Panier was on the scene in a short time and pat both men nnder arrest, pulling a gun, telling the men to throw up their hands, and only saved a trag- edy trough- the fact that when one man was a little slow, and the mar- shal pulled the triger of his gun, it did not go off. The guardian of the pence handcuffed his prisoners together and as there is no jail in Shelley, put them In a box car. During the night they made their escape and have not been located. Witnesses! to the little frolic state that it was a good, wild west play and brought back recollections of the time before irrigation with water was much in vogue as it is at present. -* ENTERTAIN8 Mrs. John Martin, pleasantly enter tained the girs of the Central office, Tuesday evening with cards and a most appetizing luncheon. MAY EFFECT COUNTY CLERK OF BINGHAM COUNTY Much discussion is at hand over the question as to whether appointtees of the present governor, James H. Hawl ey, will held office after the next gen eral election. Judge Charles P. McCar thy is at present under the spot light Judge McCarthy was appointed by Gov ernor Hawley as Judge cf the third judicial district, following the resigna tion of Judge John F. McLane. It is a contention, not without nu merous supporters, that inashmuch as Judge MacLane's term of office was provided by lajw to extend four years, and that as Judge McCarthy was ap pointed to fill MacLane's unexpired term, that Judge McCarthy would nat urally remain in office # as long as MacLane would have served had he not resigned. What the Law Says The statutes provide, according to some of the attorneys who have inter ested themselves in the controversy, that an appointee for the district judgeship or similar offices shall re main in office until the next general election at which candidates for dis trict judge are balloted upon and if this is true Judge McCarthy will rule from the bench until the regular elec tion in 1914, when district judges will be chosen throughout the state. Another provision of the law is to the effect, it is claimed, that the ap pointee shall hold office until the next general eleettion, which in this case would be next fall, but it is con tended by many attorneys that inas much as no other district judges would be up for election in the state it is hardly probable that a candidate would be suggested- for Judge Mc Carthy's place alone. If McCarthy Runs. Still it i3 reasoned by parties who are looking for the easiest solution of the question that this particular con dition offers the best way out, from the fact that if Judge McCarthy can be Induced to be a candidate at the approaching election, his name would perhaps be the only one for the judgeship upon the ticket and the people by direct vote would have the opportunity to ratify and approve the appointment This same solution was actually put In practice in another ju dicial district In Idaho and resulted in general and popular satisfaction. The Governor's Opinion Governor Hawley, when asked tor his opinion of the matter and his in terpretation of the statutes regarding it, said: o "The term of office to be held by Judge McCarthy, In my opinion, ex tends until the next general election, which is the coming faiL There ia no doubt of this in my mind. "But. governor, it it contended that the term extends until 1914, when dis trict Judges are chosen all over the state," was ventured. "Can't be' done," came the ready response from the chief executive; "the statute does not admit of any such construction. I am sorry that I didn't have the power to appoint for a three-year term, but I didn't.'' Hew Problem Wee Solved Attorney General McDougall de clined to give an official opinion "This controversy presents the «*■<« problem that confronted the people of the Sixth district a tew yean ago," he said; "hut there they hit upon a hap py solution. By common -»consent the name of Judge Steven» V was pieced upon the ticket without opposition end in this way his appointment was ap proved and the question of the length of his term of office definitely settled.'' "Have to be a candidate this ten in order to hold over,'* was the com pantlvely brief and optimistic reply of O. M. Van Duyn, assistant attorney general, when the interrogation was put to him. "Judge McCarthy's! term, in my opinion, expires In January, 19 13, and a candidate for the position will be elected by the people next Nov ember.'' "As 1 understand it this is a tem porary appointment," said 1. W. Hart clerk of the supreme court; "in which Judge McCarthy was chosen to fill the vacancy until the people might have an opportunity to decide upon a can didate at the approaching election.'' Relative to the effect this may have on one incumbent of public office' In Bingham count y, J. T. Carruth, coun ty clerk and recorder, attorneys give THE BARTERER BY SCOTT NEARING The American cried his achievements to the four corners of the earth— "We have annihilated space," he proclaimed; "we travel ten miles while our fathers traveled one." "Are you wiser?" asked the philosopher. "Industry is dispensing with labor," he pur sued; "the machine can make a score of things while the hand« of man make one." "Are you happier?" mused the «eer. "We make more goods and cheaper goods than any other country," he boasted; "we are the richest nation on earth." "Are you nobler?" questioned the sage. it as their opinion that Mr. Carruth's term of office will expire on the last of the present year, and that in or der to hold office longer, he must be à candidate at the next general election. The law is as follows: SECTION 322, Idaho REVISED CODES. "All vacancies in any county or pre cinct office of any of the several coun ties of the sta<e except that of the County Commissioners (who shall be appointed by the Governor) shall be filled by appointment by the County Commissioners of the County In which the vacancy occurs until the next gen eral election whin such vacancies shall be filled by election.'' NO MORE BOOZE ON SHIPPER'S ORDER'' "Shippers' order'' shipments of intox icating liquor are a thing of the past In other words the railroad company will no longer act as a collecting agen cy when such beverage« are shipped. It has been a common practice for a shipper of intoxicating liquor tot send A consignment from one state to an other billed to the shipper with instruc tions to the railroad company to noti fy * So-and-So" that there were goods at the station for him. "So-and-So" paid the chargea and the money was sent back to the shipper by the rail road company. Now, however, if the railroad com pany engages in such business it is li able to a fine of |500 under section 239 of the United States Laws, regu lating the transportation of Intoxicating liquors. The section was gone over careful ly by George H. Smith, assistant gen eral counsel for the Short Line,, and orders wer» at once Issued that the law must b» obeyed by «very employee of the company In the future. MISS MAE LYNCH IN HOSPITAL The many friends at Miss V Lynch win be sorry , to -learn;,a£ herser Uhess in. a hospital in Twin Falls.' She has appenticitls and It is thought that It win be necessary for her to undergo an operation. Miss Lynch was one of the most efficient operators In the telephone exchange while a resid ent of this city. ▲ sad feature of her sickness is the fact that her father, Henry Lynch, who left here for Min nesota, shout three months ago, seek ing health, is lying at the point of death in that state. Mrs. Lynch, the mother, was notified of the illness of both at tho same time. IRISH BACK TO IRELAND Winnipeg, Man., Jan. 27.—Eleven hundred natives of Ulster today volun teered to return to Ireland and take up arms against the government if a home rule is passed. They bitterly condemn Winston Churchill for consenting to speak in favor of home rule at Ulster hall, "where a generation ago his father fought against self-government for Ireland.'' HAPPENINGS ABOUT THE C OURT HOUSE JURORS FOR id ARCH TERM Following is the list of Jurors drawn for the March term of court of the Sixth Judicial district: Jos. Holland, J. W. Merkley, E. T. Malcolm, J. H. Merrill, Soren Yorgen sen, H. Gruninelt, R. N. West, Louis Robbins, J. P. Hutchinson, Jno. , C. Quinn, F. T. Halverson, G. W. Ham mond, O. L. Rider, Jno. England, Sr., F. C. Felsted, J. T. Morgan, R. P. Cope, J. A Montague, H. S. McBride, J. N. Chlstersen, Isaac Johnson; Alex. Coleman, Volley VanBramer, Harry Bltton. DEEDS FILES Neils Peterson to Emma Hall, W% SE14 SW%, Sec. 6. Tp. 3S R. 34. Chris Frogner to James Cobbley, Pt NBÎ4 SEK. Sec. 36. Tp. 28. R. 84 E. C. W. Norrell to C. W. A M. Co.. S E% NEK, Sec. 14. Tp. IS. R. 37 B. Thos. Jones to L. J. Porter, Pt. Blk. 66 Danllsoa and Shilling oddition. John Nelson et al to Carl Nelson, NWK NWK. Sec. 29 Tp. 1, S. R. 37 N. B. Cheney to S. N. Cole, SK, Lots 3 and 3, Sec. 2 Tp. 3 S. R. 34 E. N. B. Cheney to S. N. Cole, Lots 1 and 2, Blk. 6. N. B. Cheney to S. N. Cole, NK, Lots 2 and 3. Sec. 2 T. 3 S. R. 26 E. BM. Riverside townsite. KENNEDY FAMILY RETURN FROM CALIFORNIA Mr. and Mrs. B. M. Kennedy and their children returned from a two month's visit in California. While ab ■ent they aaw many former Blackfoot citizens and had a delightful visit with everyone. Though California Is credit ed with being the land of sunshine things are not as rosy there as they might be. . Certain localities have suf fered with frost and the orange crop is daumged to auch an extent that bayete wfii not deal for the crops, and a drought in parte of the state have necessitated the shipping of feed at /raat oost to feeders who cannot get stock out of the country fast enough. Mr. Kennedy states that while there is a great amount of pleasure to be had in visiting along the coast, it is not the country in which to live and be advises people to remain in Idaho rather than make changes In favor of the coast country. ♦ ♦ ♦♦♦♦♦ 4 44« ♦ ♦ ♦ ♦ REAL SERVICE ♦ And he gave it for his opin- ♦ ion that whoever could make ♦ two ears of corn or two blades ♦ of grass to grow upon a spot cf ♦ ground where only one grew ♦ before would deserve better of ♦ mankind and do more essential 4 service to his country than the ♦ whole race of politicians put to- ♦ gether.—Swift. ♦ ♦ ♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦ ANOTHER LIFE LOST ON RAILROAD TRACK Frederick Anderson, an inmate of the Asylum, Found dead by Train Crew No. 1019, Near Wapello, on Thurs day Morning. The train crew on Extra Freight 1019, east bound this morning, picked up the body of Fredrick Anderson, an inmate of the asylum, committed from Basalt on November 14th. Anderson was employed in the dining room of the asylum and disappeared after sup per ^Wednesday night. He was found lying between the tracks at Wapello, both legs being served from his body. He was about seventy-seven years old. Cn November 21, a sister and brother were committed to the asylum and are new Inmates of that institution. Cor oner Peek will hold an inquest and en deavor to ascertain what was the ex act cause of death.; Circumstances in dicate that the man was killed by a freight that preceeded No. 1019. THANKS TO EVERYONE Last Monday we published the first issue of the semi-weekly; Optimist, and from points all over the county, we have received compliments for the step we have taken. Our original in tentions to publish but four pages twice a week, instead of eight pages once a week, but the issue today bears evidenec of the attitude the advertis ing public take toward the paper and instead of printing four pages we pre sent you with eight, the regular size of the weekly issue. .Using the catch phrase of Glandville, the photographer, "We lead, and others will probably try to follow.'' We will do the best we can to give the Increasing number of sub scribers to the Optimist all the news just as we can get patronage enough to justify our getting out a paper. GROUND HOG DAY The first historical day on the cal endar of the New Year; hearldlng the approach of spring is tomorrow, Ground Hog Day. If His Royal High ness comes from his hibernation and sees his shadow hé returnee to his a bode and takes a nap for six weeks, but in the event of the days being cold, add dark he remains on the terra firm and starts things doing for an early spring. He has done this same thing sine* the memory of man, and many a man has beefc governed in his spring work by the action of this old weather prognosticator. Mrs. Casaie Wright went to Idaho Falls yesterday to visit her daughter, Mrs. Clifford Hayes t Wall Paper Arriving Daily 'ALSO HANDY* ± FURNISHINGS For Every Home jr =BARGAINS NO ONE ELSE CAN OFFER— X A, THE % Brown-Eldredge | Furniture Co. I ♦ t CHANGE AT BROWN—HART STORE. WILL REMODEL The Brown-Hart company of this city, who have for a number of years past, conducted one cf the most mod ern up-to-date stores in the city, doing a general dry goods, clothing and groc ery business have decided to discontin ue the grocery department and are planning to remodel the interior of the building occupied by them, arranging the. fixtures for clothing, ready-to-wear dresses and dry goods. After the store has been re-arranged the busi ness of the firm will be put on a strict ly cash basis. The feeling prevails among the stockholders of the company that they will be enabled to accomo date the trade with cheaper prices and even better goods, under this system, than in times past. When the Inter ior is remodeled this already mammoth store will be one of the finest in South eastern Idaho. Itls an evidence of the growth of this city and vicinity, that every firm Is preparing to enlarge its business. A NEW FIRM IN BLACKFOOT The purchase of the implement busi ness of the Blackfoot Mercantile com pany was consummated Tuesday, tho purchasers being Joseph H. Cutler, formerly in the photograph business in this city, and B. H. Allred, traveling salesman. Mr. Allred has had much experience in the Implement business, and Mr. Cutler, with hie thorough busi ness training, will be a most capable partner In the firm. As part of the consideration, the Blackfoot Mercan tile Co., come Into possession' of tho Cutler building, Immediately west of the post office. The company expect to enlarge thoir business materially la the near future and will occupy the Cutler building as well as their present quarters. The manager, Mr. Davis,' Is a progressive man, one who sees the great future before Blackfoot, and who believe» in taking time by the forelock and preparing for the trade which is sure to come to the store. Messers Ottlar and Allred will either erect a bulldlgn on Bridge or Judicial streets, not having fully determined which. They will carry a 120,000 stock, handling! auch standard Imple ments as the Moline, Oliver and other high grade lines. A corporation win be formed, but as yet it ia not known for how much. This means another new firm la (rowing Blackfoot, and a firm with lota of hustle In It