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; Decision in Action /to »»jota ÉW« Tha supreme court today affirmed Judge Edward A. Walters of the FouMth Judicial court for Lincoln county In the case of the Qoodtni Milling it Elevator company versus tr Un coin County State bank, an act to enjoin the sale of certain perim property on notice and sale before »he sheriff. ' The opinion of the supreme court is written by Justice Jmnss F. Allshl* an« concurred In by Chief Jus tice Stewart and Justice Sulllvi The appeal In the case wae torn an order and decree dissolving a »empor ary Injunction and ordering/the aale of certain property held by tne sheriff under affidavit and notice/ on fore closure. of personal property/ The con troversy arose ever the validity of two chattel mortgages. The 'bank com menced act lop to foreclcrte on a loan and the milling company .started aotlon against the bank to enjoin also claim ing the right to foreclose a mortgage on Katherine Holmes it al, wßo had entered the bakery bifdncss In Good ing and had borrowed money and given mortgages as security, to assist In the enterprise. The syllabus of the court Is as fol lows: 1. Facts of this case examined, and held sufficient to support a Unding by the trial ouurt that certain bakery sup plies, purchased by a married woman and by her mortgaged, were at the time of the execution of the mortgage the separate property of the wife and not the community property of hus band and wife. 2 Where a junior mortgagee has notice at the time of taking a mort gage that a senior, mortgage exists on the same property which was exe cuted by the wife alone, and that the wife claimed the property as her sepa rate property, and that the husband admitted and declared that the prop erty was the Boparate property of the wife, and at the time of the execution of the junior mortgage the Junior mort gagee understood that he was taking a second mortgage on the property; held, that the Junior mortgagee Is estopped from questioning the validity of the senior mortgage or contending that the property mortgaged was com munity property instead of the sepa rate property of the wife. 3. Where property was purchased by a married woman in a foreign state, and under the laws <Jf that state such property became her separate property, and the property is thereafter brought Into the state of Idaho, it will continue to be the separate property of the wife. IDAHOMMPEÏE FOR PRIZES AT THE IRRIGATION SHOW Not only Utah but Idaho exhibitors from other states will be permitted to compete for the valuable trophies that have been offered by ti e National lyrl Ration congress which meets at Salt: l.ake. Governor Hawley was notified] today of this fact. Announcement had been made 'Jiat an Utahan would he permitted to exhibit and many pros pectlvo exhibitors In Idaho queried Governor Hawley to ascertain if this was correct. The governor v. Ired the congress officials and received a wire today that the report was erroneous. The telegram explains itself. It la as follows : \ \ Salt Lake. Sept. 14, 1912. His Excellency GovefnJames Hawley: Your tele gram to Secretary Hooker referred to me. PresA report about „ limitation of Irrigation 'Vingress prir.es Is In error. These prixel are offered to increase In steregt and \ congressional attendance and are open to all exhibitors regard less. Exhibit» will be made on grounds of Utah etatdfair being held concur •rent with Irritation congress and where space I* open hud can be obtained by any creditable Exhibitor by application to secretary. I^race S. Ensign. Con Chairman Utah Board Control. An Higlish gentleman writes that he read the little bo<\k, "The Road to Wellville," and at a meeting o\ the Victorian Physehological Society of London (« which he is president) he urges the members t* read it carefully, for, as he writes: "I think it thA finest little book of Physehological Knowledges have ever seen.'' He is Mi^T. A. Wilson, 22 Hamburg St., Rich mond, Eng. The relation of body, food and mind are ex plained in a ample way in "The Road to Well ville," and a in mature copy is placed in small en velope, and aiached to every third package of Grapa-Nuts^ ir^order to extend its circulation, in auch cases, : ' ~ If interested! you can instruct your grocer to send up apackaa with the little envelope attached. The little boosts certainly interesting and well whrth reading. Postum Cereal %o., Ltd., Battle Creek, Mich. The final chapter Involvlhg the re moval of railway mall clerks from Boise and Pocatello to Balt Lake make their heOdquartere was recorded' today when mall clerks stationed title city received copies of orders gentling them to Salt Lake. The case attracted the attention of Governor Hanley who vigorously protested over t'.U removal of the railway malt clerks fteir this city to Salt Lake and asked the post office department to recon r.Mer its order. He at least secured promise on the part of the department to mobs completely Investigate befere. Issuing the removal orders. Evidently tho department did this and still de cided that the removal of the clerks warn necessary, for the latter received their orders today. In substance the orders are said to be as follows: The orders go Into effect Sept. 18. The Pocatello and Bolae railway post office will be extended to Salt Lake. Trains 13 and 14 are to be transferred. The present service Is to be performed b/ Lutte and Salt Lake clerics in 13 between Salt Lake and Boise railway post office. Two additional clerks have been allowed, making five crewa of one clerk each who will run be tween Salt lake and Boise on a five day schedule with headquarters and layovers in Salt Lake. IDAHOlWRS IN SESp HERE Development Congress Holds First Session Visitors Welcomed. Ihi re are many presidents of boost er oiganlzationa at the meeting of the Idaho Development congress, which opened Its acsalon here today. President C. J. Slnsel of the Boise C.< no trivial club mado tho address of welcome to the visitors this afternoon. Pres'ocnt R. B. Greenwood of Ameri can Falls and of the League of South err Idaho Commercial Clubs opened tile business session, . President B. C. Beach of Lewiston and the Idaho-Washlngton Develop ment league will be In charge of the proceedings of the second day. Speeches will be made through tho three, days by some of the prominent ment of the state. Plans are to be in augurated for the rapture of the east ern teuftet headed for the Panama Pacific exposition at San Francisco, Schemes for the advertising of the state during the next few years that the people of the east are filtering to San Francisco will be made. The congress Is particularly anxious to gat the eastern tourist routed through Idaho. It wants to get him stopover privileges that he will be gnabled to sec the cities and valleys of the state and to determine for himself the at tractiveness of this country to him as a home. The congress believes that, If this can be done, a large number of the 300,000 persons who are to visit the exposition nil! be located In Idaho and that the state will Increase her population with some of the best from the eastern cities. great officials and delegates will be guests of fair offlclqls. Afternoon of Oct. 2 the mammoth spectacular elec tric parade and prizes evening of Sept. 30 also open to all. Will be glad to have your state, counties and munici palities, commercial organizations or Individuals contribute. Floats carry lng or typifying such exhibits as the contributors wish. More than 100,000 people will see this parade. We beg of you and the good people of Idaho not to misunderstand us. GEORGE A. SNOW, mm to la a to I YeshlhMe, Japan's new B m naror, S pleal Japan**« funaral, aM Mr. re. Philander a Kim. Tokio, Sept. I«. —The funeral of the late Emperor Mutouhito of Japan plunged the entire nation In deepest mourning. The Emperor Yoshlhito and the empress dowager were present the services. The elder statesmen, peers, all the high officiate and the for eign representatives, among whom was Philander C. Knox, American secretary of state, assembled at the palace, from which the procession started. The line of the procession, which was a very long one, was Interspersed with musicians, torch bearers and officials carrying emblems, while many priests also participated. The coffin containing the body of the late emperor was drawn by a tfam oxen. The entire route waa lined soldiers of the regular army. Immediately after the arrival of the procession at Aoyama the funeral ser vice wae begun, and comprised the full and Imposing Shinto ritual. After the services the emperor personally read tribute to the dead monarch, and this was followed by another read by the empress dowager, who was succeeded by the ministers of state and others, the musicians meanwhile continuing play funeral alra. At the conclusion of this servlcee the imperial train left Kioto, but Emperor Yoshlhito and the empress dowager did not travel on it. The train arrived the station, especially built at Momoy ama and a similar procession to that arranged from the palace to the Aoy ama parade ground followed. Various tributes to the late emperor's memory were read beside the tomb. Further services were held on Sunday and these concluded the funeral ceremony. It Is the imperial custom that the BREVITIES. Ernest Didier, the soldier charged with killing a $300 shepherd dog Is triul In Judge Adams' court this after noon. Patrolman Ed Phillips, who has been sick and off of duty for the last few days. Is again on his beat on Main street. Miss Betty Ezell of Blackfoot is vis iting her sister, Mrs. Robert Mc Cracken, in this city on her return from a visit In Portland. Miss Eleanor Peterson left last night for Seattle, where she will complete her course In the school of Journalism the University of Washington. Dave Rich, captain of detectives, re turned today from a vacation trip through southern Idaho and Is now back at his desk at police headquarters. A shed In the rear of 611 North Eighth street burned this afternoon but the loss was slight. The alarm was turned in to the Are department at 12:30 o'clock. The Home Missionary society of the First Methodist church will give a good dinner at 6:80 o'clock Tuesday after noon in the church parlors, to which everybody la invited. , Marriage licenses have been Issued the county recorder to Charles F. Stu art and Myrtle R. Lamb; John R. Wood ruff and Maude H. Oushmary. and En nis K. Altlzer and Florence M. Taylor Caldwell. Three cash bonds of $6 each were for feited In the municipal court this morn ing. Charles Kelly, Thomas Gray end James Leary, charged with drunken ness. Alex Hafsten was Aned $3 for the same offense. Dow Dunning, member of the house of representatives in the state legis lature from Owyhee county, will ad dress the Wilson club of Boise at the city hall at 8 o'clock tonight. Mr. Dunning has Just returned from the national convention of tax reform ad vocates of the country which recently met at Des Moines. Nick Marters, Joseph Zelllse and Bias Ctch were each Aned $40 and costs In the municipal court this morning on a gambling charge. The game Is said to have taken place In a room on Idaho street this morning. Joseph Been's case under the same charge was continued until this afternoon for fur ther Investigation. The coffers of the Boise Baseball club were enriched just »048.87 today through the payment to tha baseball committee of the Commercial club by P. M. Davis, agent for tho Rochester - German Un derwriters Agency of that amount on tho policy carried by the elub with that company. Mr. Davis was nottAed liy letter today of the prompt settlement. The federal court has adjourned un til Saturday to allow Judge Prank IHetrleh to hold a session In Butte where one of the federal judges has beau disqualified. The Judge there was sa attorney for a mining company be fore he WM appointed to the bench and he has Baked the Idaho Judgs take tha case that Is soon to be an trial during the present session. Eps a and funerals of tho members of tho royal family are held during the night. The night Is the time for rest and peace, and the night is the time for deep mourning. At the funeral uniforms of all kinds were discarded, except those of army and navy officers. The people who participated .In the service wore the Japanese costumes. The new emperor wore the old costume, which he had never worn in his life. Everything wus of the old Japan of many centuries ago. Even the laborers who carried evergreen trees and clerks who per formed the minor duties of thé Service wore the old costumes. The service was simple. «The high priest of tlie Shinto made a lengthy pruyer for the spirit of the late an many ago. True Story of the Abdication ot Throne of Morocco to Be Told By William Philip 8imms, (Paris Correspondent of tho United Press) Paris, Sept. 16.—The true Btory of the abdication of Sultan Mulay Hand, of Morocco, nnd the crowning of hl» brother, Mulay Youssef, as his suc cessor, is yet to be told. It Is the rec ord of one of the prettiest little diplo matic games of recent times In which French Anesse won out over the subtle cunning of a hnlf-mad barbarian king. The ex-Haltan Mulay Halid with part of his harem In France, is the guest of the French government. He still has honeyed words for Ills hosts. But It Is a secret from no one that down In his heart of hearts he hates France and the French with a bitterness which he can't always hide. Still the $73,000 a year pension from France looks too good to the pleasure-loving Moor for him to attempt open hos tility. I.ong before Morocco became the actual protectorate of Prance diplo mats here realized that Sultan Mulay HuAd would have to go. Their past dealings with him proved him to be Iwn-faced and not dependable. At the same time to snatch him off the throne would cause trouble. If only he would resign of his own accord! The diplomatic game began In earn est here. Little by little Mulay HaAd got It into his head that if he resigned he would be dealing France a severe blow. Diplomatic agents from France earnestly urged him to keep on the job: they pointed that this or that awful calamity would happen to France If he abdicated; they argued that native uprising would be sure to follow and that French blood would flow In streams. But Mulay HaAd said he must, he would abdicate. This being the case, the French dip lomatic agents declared he must give Prance certain guarantees there must be some sort of contract drawn up be tween the sultan and French govern ment. ' Mulay was willing to do this. This agreement, when drawn up, was all Mulay Halid's way. Perhaps it was Intended to be. Who knows? One of the clauses read: Generous Indemnity. "The day Your Majesty, for any rea son whatsoever, comes to renounce tha exercise of power, a liberal pension wilt be allowed by the French republic." He waa also to have a generous indem nity. He waa to live wherever ha pleased, his royal dignity was to be preserved and the government was to present him with certain properties. He waa to name his successor. From tÿt» time on Mulay Halid couldn't sit still on his throne so eager waa ha to "sell out'' Likewise about this time came a aeries ef battles and massacres and selten lg and around Fes, his capital. Mulay Halid was f . : anese word and no modern language was used. When the prayer was over the emperor pluced a small branch of evergreen tree on the grave of father and he was followed In this the empress and other members of royal family. Then the high officials their »branches of evergreen tree. At the service the light was furnished by pine tree bonfires and no other was used. With the slow and melancholy music of old Japan, with the people costumed In the old dresses' Surrounding flickering pine Ares, the scene did suggest a single aspect of the modern Ja igin, and listening to the priest's prayer In the old language the people felt that they were In tho Japan done. much frightened. He was afraid Ills owp people would slay him for having dealt with the Europeans. In the meantime France was pouring Into Mo l-oceo a veritable army of trained troops for It was realized all along that more or less lighting would have to be So when Mulay Halid, earlier than was expected, hopped from his throne and started for France, abdicating only when he was at Rabat, on the seacoast. Instead of nt Fez. his capital, France sat still in tho boat, but played a very handsome part by the cx-sultan. Tho pension promised was pjaced at $75,000 a year. They gave him $80,000 in cash aa indemnity. He Is treated In th* moat dlgnlAed manner. The diplomatic game was now fln ished. With' the same Anesse which marked the other points of the game, hjulay Ha fiel was led to declare In favor of one of his brothers, Instead of a son, as his successor. And that brother is Mulay Youssef. reputed to be a perfect blockhead. From him the French government expects no trouble and no Interference. France's troubles are not over, how ever. In Morocco. More hard Aghtlng Is In prospect. Two prétendent» are In tho Acid: the roghi çf Fez .and the candidate of the Souls. Marriage of Grand Duchess. St. Petersburg, Sept. 10.—The topic moat discussed In St. Petersburg is the approaching marriage of the Grand Duchess Olga, eldest daughter of the czar of Russia, to the young Grand Duke Dmitri. The wedding Is to be a very brilliant affair, followed by a state ball at which the elite of Rus sian and foreign society will be pres ent. It Is In every respect a love match. The birth of the Csarevich minimized the position of Princess Olga, dynamically, for which aha is exceedingly thankful. But for the coming of her little brother she would have been doomed to mate some roy alty of the first rank wlthlp the fami lies of European reigning houses and outside the Immédiat* Muscovite cir cle. • MUMIE CI» K HK OMI MI Boaton. Sept. 1*.—Th* Suffolk county grand jury heard additional testimony today regarding th* alleged distribution of dynamite in Lawrence during the strike. Richard W. Child, a magazine writer, was among tho wltnesssa. ,.v ' . I CElfM Blueflelds, Nlo., Sept. 18.—American sailors on the gunboat Tacoma were A red upon on the streets last night dur ing a nanti- American demonstration In the city to celebrate the anniversary of Central American Independence. A mob of excited Nicaraguans formed for a moment and bloodshed was threat ened. , . To Protect Girls. Washington, Sept. 18.—American tngrines were called upon by Minister Weltsei, of Nicaragua, to protect a collage full of girts who were Isolated 40 days and without food: '-The col lege le under French control and many of the Inmales were foreigners. AMERICAN INFLUENCE IN THE REVOLUTION TO BE INVESTIGATED Los Angeles, Sept. 16.—Senator Wil liam Alden Smith today began an In quiry of rumors that American Inter ests, some prominent In development work In California, were Ananctng Ihe present revolution In Mexico. "Wo are going to the bottom ot the situation," said Smith. "We will probe every angle and If Americans have been par ticipating wo will show their relations with the revolutionists, no matter who It may Involve." Fatal Baaaball Acoidant. Chicago, Sept. 16.—Hit while playing baseball, Herman Htlgcndorff, died of a fractured skull today. VOTE ÔÏTlOOÀTÏON OF COUNTY SEAT Albion, Sept. 1«. —Judge Edward A. Walters has granted the petition ask ing that the question of removing the county seat to Burley be submitted to the voters of the county at the coming election. Burley wdll make a deter mined effort to secure the county seat. Marshall Begins Tour. Kansas City, Sept. 16.—Governor Marshall, Democratic candidate for vice president, arrived early today and was tendered a reception, where he made his first Biwech of his leur. ANOTHER VACANCY ON THE EXECUTIVE COMMITTEE 0FC.0.P. The Republican state central com mittee will be called upon to All an other vaenney. or at least State Chair man George A. Day will have to do so for Clarence R. Robinson has for warded his resignation as a member of the executive committee. Mr, Robin son Is a resident of Twin Falls and t to represent that part of the state on the commlttee. He was recently nomi nated by a handsome vote as Republi can candidate for state senator. His rea son for resigning Is that he cannot give the duties of the committee Ills atten tion as he la rushed with Important business. When State Chairman Day arrives from his trip to tho northern part of the state he will probably take action of the Ailing of the vacancy made nec essary through the resignation ot Mr. Robinson. THIEVES ENTERED HOME IN VALLEY Thieves /»ntered the home of W. T. Yaryan, near Pierce park, last week and stole a watch valued at )40, a ring valued at $20 and $7 In cash, the watch and ring being discovered later by Mrs. Yaryan hidden under a ditch bridge close to the home. The robbery was committed while Mr. and Mrs. Yaryan were away and waa not discovered un til some time afterwards. The discovery of the Jewelry was made in a peculiar way. A week ago yesterday Mrs. Yaryan, who while go ing to the mall box after the mall, hap pened to nutlce when crossing a bridge over a ditch, a bundle wrapped In a newspaper, ghe Immediately made an Investigation and discovered that In side the paper was the watch and ring. The money waa never recovered. Dr. Butler ta Return. London, Sept. 16.—Dr. Nicholas Murray Butler of Columbia university, who sailed for America Wednesday, has been recipient of many attentions in England this summer, both social and political. In fact, the rumor that he would probably be the nominee of the Republican party for governor of New York seems to bave had its In ception in London. It traveled to New York where no positive denial was made by the party leaders, hence Eng lishmen have regarded the faot as al most settled that Dr. Butler would be signally honored by the'Republicans ot New York when they meet 1st» In the month. Real R états Transfers. L. H. Cox st ux to Carrie Filmer, 11100; lots It and 12. block 18, High land Park addition to Boise. Ellen Jerome to Hsrvey V. Grisham,. 88261 . 60 ; lot 8 and southwest qdarter northeast quarter section 8, township I north, rang« 1 east. X. L Perky to Ross Bakley. MOO; loto IT and It. block 0, Lambsrton's division " * Senator Borah left this ingrate hl» campaign tour of the atetek He speaks this afternoon at Nota* and tow night at Parma. Hi* Itinerary /ram. that point ha* been changed from that previously announced and Instead of, golgg to Council and the. upper, goo»*i try In Adams' and Boise counties, ho' will lea»» tonight foy Lemlil county, speaking at Leadore Wednesday upm the arrivai of tha .train and at Salmon' Wednesday evening at 8 o'clock. Hal will apeak at Challia Thursday even- : lng and at Mackay Friday night. From Machay it ha» not been aa vet deflnttely determined where ha will go. but It Is thought he will be »ent to tM northern part ot the state. During Senator Borah.'s absence Me. private secretary, fearl Venable, Witt remain In charge of hla office tn tha Idaho building and wtll he prepared to attend to any. matter»'. that m»y re quire attention. ~■ CM» 1000#« 188.8.131.52.# SEMI Winnipeg. Man., Sept. It.—The sev ercjgn grund „lodge Independent Order of Odd Fellows assembled In the Can- . Irai Congregational church this morn-1 lng for the formal opening of Itg an nual communication. D- C. Cameron,, tho lieutenant governor of Manitoba,, acted us muster of ceremonies. Sir' Redmond Roblln delivered the address of welcome on behalf of the proytncel and Mayor Waugh epoko ter the city' of Winnipeg. Other greeting» ware oxt-nded in behalf of the Manitoba grand lodge, the Patriarchs Militant and the Rebekah assembly. Tbs re sponse to the greetings wae made by, Grand Sire Cockrum of Indianapolis. At the conclusion of the opening for malities the delegates adjourned to Convention halt, whore the sovereign grand lodge went into session behind dosed, doors. The gathering will con tinue through the entire week, lav ish preparations have been made to entertain the visitors and every min ute ot the time allotted to the conven tion Is to be taken up with lodge dis cussions, drills, dances or entertain ments. ,, T . , ....... FOR BALK at great faftlpj and a Millard ta Me, , Mtenawlcfc - Bathe-Qa l ewd er ijte'aow and la eemsHeat eub-1|©*11 New York «am. 0« KMn fir . HOTEL ARRIVALS. OWYHE'B-W. II. Stanley. Ban Francise; John J. Plowhead, Caldwell; J. B. McCune, Boston; L. C. Miller, Van Wert, O.: J. S. Worthington, Den ver; A. C. Mack, Salt Lake; B. A. Walker, Twin Falla; C. J. Nellgh, New York; C. Dominick ami wife. New York; Mr. and Mrs. R. B. Coghlan, Elephant Butte, N. M.; F. E. Shlkles. Denver; F. V. Larkin, St. Paul; W. C. Peer, Portland: Mr. and Mrs A. X Walker, Sin Francisco; W. V pea cock, Beattie; Thomas O. Craer, Balt Lake; F. J. Rossi, Wallace; A. Burch, San -Francisco; Herbert H. Sanger, Rochester; Charles Thels. Spokane; H. Schmidt, Spokane; James M. Hall, Chicago; George H. Moseley, Chicago; Leonard Backhoff, Portland; H. D. Bld don, Portland; W. 8. Sutton, New York; R. C. Beach, Lewiston; Dr. Menls. Lewiston; Eugene Cox, Lewis ton; J. H. Forney, Lewiston: R. C. Penlngton, Denver; Morun P. Maus, U. S. Army; E. G. McClure, V. S. Army; L. W. Jacobs, Portland; W. 8. Dickey, Portland; A. F. Hunt, Port land; C. L. Woodruff, Chicago; A. J. Watt, Kansas City; M. It. Hays, Rich lleld. OXFORD— W. H. Turner, Spokane; B. S. Stewart, Soldier; William Leon ard. Soldier: Phil Butlorf, Arrow Itock; Frank Kebbett, Nampa; W. A.; Channel, Burley; J. Ullow, Halley; Fred McNett, Camas Prairie; F. E. Hill. Pendleton ; H. E. Waeser, Chicago; W. A. Marshall. Emmett; B. Robtl. Payette: L. L. Gulp. Ontario; R. B. Troxell, Ontario; John Eryeldlng, Em mett; Phil Bobbitt. Weiser; Mrs. Sarah Caplhiger, Lewiston. TOO LATE TO CLASSIFY. FOR RENT—S-room house. Inqui.'S 323 Jefferson. 828 HOUSE FOR RENT. 1220 Bills ave nue. Inquire 1703 No.- 18th. 823 FOR SALE—An apartment house; good terms. Address P. O. Box 1302. 822o WANTED—Young mon to set pine at' Recreation Bowling Alley. 700 Idaho street. fl-16 WANTED—Man to peddle fruit on shares; horse and wagon furnished. Phone «01 J. 818 FOR RENT— Twj rooms furnished for light housekeeping, 810 per month. 600 S. Fifteenth. 833 FOR SALE OR TRADE—Imported Per cheron stallion. Address E. E. Row land, Caldwell, Route No. 1. 82So FOUND—In tho Plnney theater Thurs day evening. Sept. 18. package con taining lady's clothing. Phone 8488 J, 81» naasj LOST — Gold locket 1 "Louisa" engraved on baric, »to ward if returned to Capitol Haws office. 8-880 LOST—Lady's open faoe gold watah between Sixth and Union and -Ninth and Franklin. Phone 1»14 W and re-. celve reward. tf T. 8. BISSER, LAWYER — CORPO ratlon, irrigation, mining, «sir*' and public lands. Bolts 4SI Hi building; phone HOT. O FOR BA LX at n eacrlBce, n new fagr room modern brick nnd stmts tage, large basement, lawn, ahltol fruit bees. Deal direst with < »114 N. Ninth. r - si '