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e ffi •ou TWICE-A-WEEK 'V THE TWIN FALLS TIMES TWIN FALLS. TWIN FALLS COUNTY, IDAHO, THURSDAY, SEPT. 7, 1916. ELEVENTH YE \R. VOL. XI. NO. 96. SUBSCRIPTION $2.00 PER YEAR LEVY FOR HOSPITAL [ PROMISED MONDAY Ruling by Court Makes New Call for Bids Necessary BABCOCK HOLDS STATUTE WAS NOT COMPLIED WITH. JUD(. Court Says Hospital Such As That Planned Is Needed For the County For Present and Future. Following a ruling by Judge W. A. Babcock Wednesday to the effect that the contract with the W. G. Heed com pany for the construction of a county hospital was void because the commis sioners did not previously make suffi cient provision to pay for it, the coun ty board determined to meet Septem ber 11 for the purpose of making the required levy and returned unopened the bids for plumbing and heating which were to have been considered yesterday. In reversing the order of the board on legal grounds Judge Babcock said in effect that in his opinion the insti tution of the kind and character pro posed was required in this county and that this opinion was based on the testimony elicited on the stand and his own observations as to conditions prevailing here. V£hlle testimony had Indeed shown that the number of in digent sick actually cared for by the county or operated on at the expense of the county was small, there was in fact a large element of people who in times of health could get along, who In case of sickness could not in prac tice secure the attention needed under present conditions. To a man of small means sickness is a calamity. Should such a man die his family must In many instances be cared for at public ex pense, and as a matter no less of hu manity than ot economy it would be advisible to provide means for pre serving men In such condition in good health. The decision was rendered after something over an hour had been con sumed yesterday morning in introduc ing testimony and examining wit nesses for the defense, and in discuss ing legal points. The attorneys for the county raised a question as to the legality of the contest on the ground that such appeal should have been made twenty days from the time that the first steps were taken and motions made for the erection of a hospital and not from the time of the last step involved in the letting of the contract, Dr. J. N. Davis of Kimberly, was the Dr. Boyd was recalled and said that during the time which he had the con tract for the caring for the paupers and for the indigent sick that were provided for by the county, he had an average of less than one hospital case, and that the total number of depend ent poor in his care averaged five. He said that the population of Bannock county was, he had been informed, in the neighborhood of 25,000, the num her of indigent poor would probably be much greater on account of the fact that Pocatello had become a great and that for this reason the contest was made too late. Another point raised was that the appeal did not specifically say that Dr. Boyd was a taxpayer in Twin Falls county at the time that the appeal was filed. These points were not passed upon by the court as the matter of the legality of a levy made too late was considered vi tal and rendered the other questions immaterial. first witness put on the stand by Dr. Boyd. He testified that in his opinion from twelve to fifteen beds would meet all present requirements for sick indigents and inmates of the poor house. railroad center and would draw a larger number of the class*from which indigent poor would come than a city sustained by a farming community. He said that the actual number of indig ent sick cared for in the Pocatello in stitution averaged three. Attorneys for the county admitted that if present Dr. Clouchek would testify as to cer tain facts in connection with the num ber cared for by him when county physician six years ago and that Dr. N'ewbry if present would testify that in Ills opinion the proposed hospital was much larger than required for present needs and that one with from ten to fifteen beds would be big enough. Attorney C. M. Booth for Dr. Boyd offered to present testimony to the effect that the board of commissioners intended to construct a hospital not only for the paupers and indigent sick, hut also for the care of pay patients, that they had repeatedly so stated and that they had this in mind at the time LADEN WITH CAPTURED GERMAN RIFLES '^fssammssmaam \ A J % j if I ■'/.■A T « ; .♦.■ / .. & % I Jr (■ y \ ' i&i :wt m ;y - ■ : ♦ i m British soldiers returning to their own trenches lad -n with rifles captured in "no man's land" between the lines. FALLING CUPBOARD BREAKS UTILE TÄDY WIXON'S HIP ,Three-Year-Old Girl neath Heavy Furniture Hay Accident. Is Pinned Be In Circus While climbing upon an old cup board in her home at 214 Second ave nue east last circus day, little Tady Wixon, three-year-old daughter of Mrs. Nina Wixon, caused the cup board to overbalance and fall upon her. The little girl was pinned beneath the heavy furniture and when the mother removed the cubpoard it was found that the baby's hip was broken. Im mediate surgical attention was given the girl and though the break is a serious one, the physician in charge is confident that the little girl, because of her age, will fully recover, and that no permanent injury will result from the accident. The hip is in suspension and will remain so for the next four weeks. that they let the contract for a build ing which was not intended exclusive ly for the needs of the indigent sick and paupers in the care of the county. Judge Babcock overruled the motion to admit such, testimony on the ground that it was immaterial what the com missioners had announced as their in tentions, saying that if the purpose for offering this testimony was to im peach the testimony of the commis 8 ioners he would admit it, but other County Attorney J. E. Davies during the trial of the case said that In his mind only one issue was presented and that was ii regard to the finances The constitution he said in effect con tained a provision for a bond issue which without interpretation by the courts might seem to inhabit the mak mg of a levy for such Institutions un less authorized by the voters. How ever, tlie legislature had enacted a statute providing for the expenditure of money for necessary institutions, which the supreme court had sustain ed and under which such institutions might be built. The only question, therefore, in his opinion, was whether the board having from $12,000 to $14, 000 available cash surplus on hand and intending to make a levy at a subsequent time which would raise sufficient funds to pay the balance be fore the rest of the payments would become due created a situation which the court might find sufficient. grace to decide in favor of the action, In other words when such intention on the part of the members without legal steps to put it into effect, con sidering the tact that they had part of the money on hand would be suffclent reason to assume that they had made provisions enough to justify lidding the contract valid. He said thr.t he would frankly say that he regretted that in taking the preliminary steps the board had failed to make the mat ter more clear. He said that he would not go into any lengthy discus sion of the needs of the hospital It had been amply proven by the- testi The testimony of Dr. Boyd did While Dr. Boy-d believ wise not. Attorney C. O. Longley, who assisted in j for those suffering from contagious diseases, and another $10,000 building would have to be erected for them. In the end there would be no saving for the taxpayers. The county attorney declared that he endorsed the attitude of hls col league in regard to the legality of the tax levy and statement of conditions. The court then ruled as above indi cated and at the suggestion of attor 1 ney for the defense made hls position clear in regard to what lie considered j to be the law and the facts relative to | the legality. mony. not refute it. ed that a hospital built at a cost of $10,000 would he sufficient for the present needs ot the county's indig ent sick, such hospital would on his own' statement not contain a place for the healthy poor cared for by the county. Another $10,000 wDuId be needed for them. Dr. Boyd's proposed hospital would not contain any place TILER SCHOOLS BEGAN MONDAY MORNING enrollment Followed by Dismissal For the Hay—School Hay Shorter Than Last Year. School opened Monday morning at 9 o'clock, says the Filer Journal. In the grades, pupils were enrolled, text books distributed, and then school was dismissed until the following morning at the same time. High school stu dents began enrolling at nine o'clock on Monday. They were excused for the day after having enrolled, secured assignments, and made arrangements for their textbooks. The school day is slightly shorter than that of last year. The grades will be in session from 9:00 to 12:00 and from 1:00 to 1:30. The sessions in the high school will be the same with the exception of the closing hour. A highly efficient corps of teachers has been employed, for the coming year. Plans for the year include far more community work than was at tempted during the past year. School festivals, exhibition days, a parent teachers association and several other activities are under consideration. The co-operation of every one in the com munity is desired and a banner school year is confidently expected. Tuition for high school pupils at tending from outside ot Filer district is paid by the districts from which they come. Grade pupils wishing to attend school in Filer who live in an other district, must be formally trans ferred before finally enrolled. Trans fer blanks may be secured from the superintendent. James Odell Raised Eighty-seven Bu ! a crop ot Dlcklow wheat raised by | James Odell which produced 953 hu than eighty-seven bushels an j The wheat was sold for $.90 a huu ; dred or $99.18 and acre or $1,0089,42 for the eleven acres, ) The other report, handed in as au | thentic by a reliable citizen, records the raising of twelve bushels of alsike to the acre on a forty acre field neear Buhl and is signed "Buhl Farmer Who Does Not Wish to -Publish Name. The card says that the crop sold for $2700 and that the farm more than paid for itself from it. As the name of the man who raised it was nat attoched, this report will not be in I eluded in the table ot crops run else where in this paper. TWO BIG CROPS ARE REPORTED THIS WEEK shels of Wheat to Acre—Unhl Man Has Big Alsike Yield. Two splendid reports were received today by THE TIMES. The first was '.shels on eleven acres, or a little more acre. ty-five per cent above the average last week on account of the threaten ed strike. Many who were visiting friends here or who were in the coun ; try on business, left hurriedly, while | those residents who desired to go east, ; left after hasty preparation. An ex | tra coach was put on the train Friday evening, largely, however, to accom 1 modate teachers returning from the I institute. All trains were more or less delayed for several days on ac 1 count of the heavy travel. | TICKET SALTS WERE HEAVY IASI WEEK Threatened Strike Drove Tourists and Visitors Off Tract in Large Num bers, , Ticket sales increased about seven SOCIALISTS PUT TICKET IN FIELD Held Convention Tuesday to Ratify Action of Previous Referendum to the Several Locals. The Socialist party met Tuesday in tills city and nominated a full ticket for the fall election. The ticket had previously been agreed upon by re ferendum vote in the several Socialist locals and the convention was held for the purpose ot complying with the law. adopted : We, the Socialist party of Twi nFalls county, renew our allegiance to the international program of Socialism. Labor alone produces all wealth. We propose that laborers alo ie shall have all wealth. No man has a natural and inherent right to exploit the labor of any other man, therefore we demand that he shall not have a legal right to do so. We demand the collective ownership The following platform was of all things collectively usede, the private ownership of things privately used—the abolition of interest, rent and profit. We demand the initiative, referen dum, and recall of all public officials. Our candidates when elected shall always and everywhere, until the pre sent capitalistic system of industry is abolished, make this question their guiding rule of conduct: "Will this proposed legislation or action ad vance the interests of the working class and aid the workers in their class struggle?" If it will, the elect ed Socialist Is strenuously for it; If it will not he Is and shall be absolute ly opposed to it. The personel of the ticket named follow's: Senator, W. B. Easterly, Twin Falls; representatives, Mrs. Myrtle Ayotte of Twin Palls, P. Olson of Twin Falls and Jens Nicholaysen, Buhl; commis sioners: first district, John Methven, Buhl ; second district, L. S. Ayotte, Twin Falls; third district, M. A. Eden, Kimberly; sheriff, M. D. Woods, Buhl; treasurer, E. A. Littler, Buhl; asse - sor, Albert Dearinger, Hansen; pro bate judge, A. E. Reeves, Twin Falls; superintendent of schools, Mrs. Mary Hodges, Twin Falls; surveyor, Gustav Dahlhoff, Hollister; coroner, Herman Schurger, Twin Falls. Henrv c Morrîn aged f ort v-seven dled * at hls bo ' n " e „ear Berger at 4 10 o'clock this morning The fun j eral wjn b h a[ th l D ' g church ; jn Kimberly tomorrow at 2 o'clock p j m Hnd interment win tal " e place in | the Kîmberly cem etery j Mr Morri jj j eaves a wife and five hud ' ,, * nn ' nf the KIMBEREY PIONEER Henry C. Morrill, One of the Originnl j Settlers of Twin Falls Tract, Passes | Away at Home. I first settlers on the Twin Falls tract, ; j living at Kimberly until two years j 1 ago, when he moved to Berger. His 1 brother, S. D. Morrill, still lives at Kimberly. DIES AT BERGER ( Hamili at his home near the Nevada line on August 15, waived preliminary in the probate court this morning and j were bound over to the district court, ) without bond by Judge A. W. Ostrom, , Their trial will come on next month, A large crowd gathered this morning to witness the preliminary but were disappointed. lOVEEACE BOYS WAIVE HEARING Bound Oyer to District Court Without Bond By Judge Ostrom This Morn ins. Harold and Lynn Lovelace held on tlie charge of murdering F. Thomas YOUNG COUPLE WEDDED YESIERDAY AFTERNOON I . R. Taber United In Marriage to Grace Barger; Leave For Salt Lake on Honeymoon. On Wednesday afternoon at four o'clock, at the home of the bride, Dr. J. F. Shepherd of the Presbyterian church, pronounced the words that united the lives of Paul R. Taber and Miss Grace Barger. The rooms were fragrant with sweet peas, and the bride was beautiful in a gown of white taffeta and georgette crepe, while the groom was attired in the conventional black. The bride is the accomplished daughter of Mr. and Mrs. H. P. Bar ger and came with her parents to Twin Falls in 1907. She graduated from the Twin Falls high school with the class of 1912 and has since been one of the popular girls of the younger social set. The groom has lived in Twin Falls for a number of years and also received his education in the city schools, graduating with the class of 1910. fie is engaged in the ab being one of the rising young men of the town. Immediately after the ceremony a three-coursdriuncheon was served, the colors pink and white being carried out in detail. Seated at the table were the Immediate families and the Misses Fannie Hart and Carmen Cox. The young couple departed on the evening train for Salt Lake City, and on their return will immediately begin house keeping in their new home on Ninth avenue. KIMBERLY 10 HAVE NEW GENERAI STORE J. C. Ilimler Will Open Shortly In the New Odd Fellows* Building With a Large Stock. J. C. Himler will opeti a general store in the new I. O. O. F. building as soon after its completion as he can get a stock of goods on hand and get the fixtures installed. He leased the building this week and is preparing to enter busi ness. _ PREUINUT COMMITTEE ELECTION RETURNS MOSTLY UNAVAILABLE Few returns have been received as returns as to the results of the election of pre cinct committeemen. The following comprises the list as far as it has been received by THE TIMES up to the time ot going to press; Twin Fills 1—Democrat, Thomas Dovery. Twin Falls 2—Democrat, W. F. Pike. Twin Falls 3—Democrat. Peter Be thune; Republican, D. Seaman. Twin Falls 5—Democrat, tied be tween W. A. Minnick, W. C. Williams and J. N. Claar; Republican, J. H. Van Tassel. Twin Falls 6—Democrat, John B. White. Twin Falls 7—Democrat, Thomas Robertson. Murtaugh—Democrat, tied between B. F. Jain and E. True; Republican, W. C. Hall. Amsterdam—Democrat, W. C. Iliff; Republican. Robert Lutz. Clover—Democrat, S. D. Wegener; Republican, Ray M. Beauchamp. Hansen—Democrat, W. Frank Bre wer; Republican, Elvis Laycock. Thometz—Democrat, W. J. True blood; Republican, Vernie E. Morgan. Filer—Democrat, H. G. Munyon; Re publican, -Anderson. Maroa—Republican, John Bass. SAY OREGON TRAIL AND STATE HIGHWAY ARE IN BAH SHAPE D. R. Rowland and W. F. Breckon returned to Kimberly Friday from a trip over a great part of the state. They say that the road to Burley is bad for auto travelers unless they take the route by Artesian City, which they declare to be passable. The Ore gon Trail and state highway are bad. They say that a visit to Welser, Nam pa, Boise and other points in the cen tre of the state, convinces them that the Twin Falls tract is still ahead of Mrs. P. A. Porter sustained a broken hip last Wednesday evening as a re s ult of falling over a plank in the lawn Rt the home of her daughtetr, Mrs. Frank L. Cogswell, near this city. Mrs. porter is seventy-four years old and the injury caused her much suffering, She was brought to this city Thursday and an X-ray examination made, af ter which the broken limb was set. all others. MRS. P. A. POUTER SUSTAINS BROKEN HIP FROM A FALL crop. tween J. 1. Buttolph, the shoe man, and j. a, Sinclair of this city, for the sale of the former s stock to Mr. Sm clair. Mr. Sinclair took possession Friday. ANOTHER GREAT WHEAT YIELD REPORTED TODAY Ninety-two bushels of wheat per acre on seventeen acres is what Wal ter Milleer of Curry marketed this week. He got $2.10 a hundred or $1.26 a bushel for the grain, which brought $115.92 an acre, or $1,970.64 for the BUTTOLPH SHOE STORE SOLD. A deal was closed last week be EAST MORE ACTIVE THAN EVER BEFORE W. R. Priebe finds Conditions Unusally Prospérons PEOPLE NOT TALKING POLITICS ' OK GUESSING ABOUT FUTURE. Belief General That Strike Is Not Per manently Settled But Adamson Bill Is Popular. That times are better in New York. Chicago, Boston and Minneapolis than ever before, that the people are too busy to talk politics and do not stop to discuss the possible effect of the close of the war on their business, that they do not regard the strike as settled, but do think that the Adam son bill was justified as preventing an immediate break, are among things that W. R. Priebe observed while east on business and as a delegate to the National Retail Jewelers association. Mr. Priebe says that business activity in the east is wonderful. Prices are going up in all lines of manufactured goods. He kept track of the strike situation in order that he might be able to get home in case is should be called. He was at Minneapolis at tending the association meeting when the strike was called and was prepar ed to get out when word came that it had been called only on freight traf fic so he did not hurry. Mr. Priebe says that he went alone because of Infantile paralysis in New York City. A child could be brought into the city but not out. Carrying children in autos was forbidden and he saw but two babies on the trains in the state. He returned to this city yesterday, having been absent a month. DOG CAUSED AUTO TO TURN TURTlt IV. S. Harrison and Two Sons Hurt in Accident in This City This Morn ing. W. S. Harrison lies in a local hospi tal suffering from painful injuries as a result of a dog running in front of his auto and making it turn turtle at the corner of Shoshone and Fifth ave nue west, at 6:45 o'clock this morning. Two of his sons, who were in the car, were slightly bruised, while a nephew, who was with them, escaped uninjur ed. The car was somewhat smashed up but not disabled and the dog was able to get away. Mrs. Harrison accompanied by her mother and sister, were in one car, while Mr. Harrison and the boys fol lowed in another. The party was on its way to Shoshone from the Harri son farm near this city. As they were driving up town after crossing the railroad track the dog suddenly rush ed in front of the rear car and before anything could be done was caught under the wheels. The car turned over suddenly, but was not going fast enough to dangerously hurt any of the occupants. A report spread over town that Mr. Harrison was dead and caused considerable excitement. E. F. McNEW HURT IN ACCIDENT STILL IN SERIOUS CONDITION E. F. New of this city Is in a local hospital in a semi-conscious and pre carious condition as a result of the explosion of an auto tire which he was trying to put In last Friday. The party. consisting of Mr. and Mrs. McNew and two children, Mr. and Mrs. O. C. Pat nott and Mrs. E. F. Asbury, a sister of Mr. Patnott, were returning from a trip to the Ketchum country, and on their return, about seven miles beyond Jerome, were stopped by a punctured tire. They removed the broken tire the new one when 1 it blew up, the rim striking McNew on the head, fracturing his skull. A pass | ins car took the party to Jerome, from which place Batnott returned with a i driver and brought in his car, while the injured man was hurried to a hos pital in this city. ! and were putting on KIMBERLY SCHOOLS OPENED WEDNESDAY The Kimberly schools opened Wed nesday. Professor Downing arrived last week and after attending the in stitute came at once to Kimberly and began the work of getting ready for the opening. Negotiations are in pro gress with the trustees of the Metho dist church to secure the basement again tills year for school purposes until the new high school is completed, which will not be until the first of the year, it is believed. The Kimberly schools were terribly crowded last year, and the matter of adequate ac commodations is a serious problem. It is hoped, however, that temporary quarters can be secured that will be ample.