Evening capital news., January 13, 1913, Page 3, Image 3

About Evening capital news. (Boise, Idaho) 1901-1927

Image provided by: Idaho State Historical Society

                
AMENDMENT TO
LIMIT POWER OF
SUPREME COURT
Senator Dunning Introduces
Resolution in Senate
Provision for Election of
Short Term Senator.
An echo of the recent action of the
Idaho supreme court whereby the pub
lisher and managing' editor of the Capi
tal Nows wore jailed under the now fa
..lous "inherent right" decision, was
heard in the senate tins morning when
pennte joint resolution No. -, b\ Sena
tor Dow Dunning, providing for
the !
regulation by the state legislature of
the proceedings of all the courts in
cluding the supreme state tribunal, was
introduced.
This resolution which proposes the
amending of section 13, article 5, of
the constitution, if passed by both
houses will he presented to the voters
at the next general election for rejec
tion or approval.
Under the constitution as it now
stands, the state legislature has juris
diction over all courts in the state' be
low the supreme court." Dunning's res
olution is essentially the same, as the
present article with the exception that |
the words "below the supreme court j
are struck out. j
The resolution in full is as follows: j
Senate Joint Resolution No. 2. j
By Dunning. ;
"To be submitted to the electors of the
state of Idaho for rejection or ap
proval: Amending section thirteen :
(13) of article five (5) of the state ;
constitution so as to provide that the :
legislature may regulate by law when
necessary any methods of proceed
ings in the exercise of their powers ;
of all the courts
"Be it resolved by the legislature of the
state of Idaho:
"Section 1. That section thirteen
03) of article five < 5) of the constitu
tion of the state of Idaho bo amended
to read as follows: Section U'. The
legislature shall have no power to de
prive the juilicial department of any
power or jurisdiction which rightly per
ordinate department
; but the legislature
«»per system of ap
by law, when nece.^
roceedings in
lain, to it as
of the government;
shall provide a pr«
peals, and regulate
pary, the methods
the cN.Teisc of their powers of all the
courts, so far as the same may be «îone
without conflict with this constitution.";
During the discussion precipitated by
the introduction of Dunning's r*s<»lu
lion. Senator Kdgington arose and said
that since tlu* resolution had been in-j
troduccd. he believed that it should go
further and actually define tlu* extent
oj ihr "inherent rights" claimed by the
supreme court in its recent decision.
Tlie resolution was referred to the ju
diciary committee.
To Ballot for Senator.
in addition to the resolution limiting
th« 1 powers of the supremo court, a
resolution was introduced by Senator
Hunt making it mandatory for both
houses to proceed to the el« < tion of the
short term senator, immediately after
m
"THE QUALITY STORE."
EST. 1868—EIGHTH AND MAIN.
45th anniversary in connection with our
&
%
£
AJStock Clearina^
£vt?n t afford in afU.
i
finOccasion, to bu ^
Seasonable Gooaâ
landise ZlQWtnenfwy tjeasonable Good
trmàs your âttentimV \ beLovrfctudl Kuu
a quick. Clearance
Department of homefurnishings
and art needlework
Offers unusual money savings on the following lines
Plain scrim curtains, net curtains, figured scrim curtains, portieres of every kind,
line blankets and bedding.
Fine Maderia and Appenzal Embroidered Centers, etc.
Entire stock cf these exclusive pieces goes on sale at remarkable reductions.
72-inch centers, regular $45.00,
at........
54-inch centers, regular $32.50,
at.......
.......$25.00
54-inch centers, regular $31.50,
at.......
...... $18.00
54-inch centers, regular $27.50,
at.......
.......$20.00
36-inch centers, regular $21.00,
at.......
...... $12.00
36-inch centers, regular $19.50,
at.......
...... $10.00
30-inch centers, regular $11.50,
at.......
....... $8.50
27-inch centers, regular $10.00,
at.......
....... $7.00
$1.75 to $2 plate doilies at.....
85c tumbler doilies at........
65c tumbler doilies at........
50C
Many other kinds included at very low special prices.
Read announcement on another page.
the matter of the. election of the long
term solon had been di posed of.
Senator Fields also introduced a con
current resolution limiting the date
after which bills may be introduced in
either house. Under the provisions of
Senator Fields' resolution, Feb. 20, the
fortieth day of the present session of
the legislature, is named as the last day
upon which members of either house
may introduce measures.
It was said in explanation of the reso
lution that it will prevent the swamping
of the legislature on its closing days,
by a mass of bills, as lias'happened in
the past. Some objection to the resolu
tion was heard from certain senators
who felt that important bills may he
unavoidably delayed in their prepara
tion until after the date named and that
the adoption of such a resolution would
prevent the introduction of such meas
ures, many of which may be of great,
import to the people of the state.
The committee on printing in
the senate made its report, which
was adopted and the senate printing
awarded to the Syms-York Printing
company, on a bid of $1.25 per page for
the first 300 and 25 cents additional for
! all over that ligure.
Two bids had been received, one from
the winners and one from the Capital
News Printing company. The figures
named in both bids were identical. The
reading of the bids precipitated a lively
debate as to whether or not the ligures
were too high.
Senator Hart said that in his opin
ion both bids were too high and de
clared that at the last session the
printing had been done for 85 cents
j m* r page, if his memory was correct.
Senator .Macbeth declared that since
the last session the prices on print
paper and other material used in print
| j n ^ as we „ as i abol% i, {1(1 i, een raised
j an ,j that in his opinion the bids were
j as low as was possible under the cir
j cumstances.
j it was at this point that Senator
; Fields of Latah, qualified for the title
n f "watch «log «if the state treasury."
by objecting to the bids, declaring from
: ids own experience, that the cost of
; paper and labor had not increased to
: an extent that would warrant the in
créas«* in the amount of the bids,
Senator Borden of the committee on
; printing declared that since the only
two plants in the city which would
submit bids had presented identical
figures, that there was nothing left to j
do in his judgment but to accept one j
of them and dispose of the matter,
The adoption of the report v as moved I
and upon roll call was adopted.
When the correction of the journal i
was in progress it was discovert«! that
a mistake had been made by the presi- j
dent in naming the members of the j
! committee <
his order th
Macbeth wa
ator Reed
Ma«
; bers.
Senate bills N*»s.
j reported hack with
j that they be printe«l
i what is known as t
bill," while numbers
1th
j tic
rporations and upon
name of Senator Ravenal
erased and that of Sen
teod was inserted. Reed, like
th, is one of the minority mevn
6 and 7 were
ecommendat ions
The first bill is
"Power county
and 7, refer to
•n ation of the proposed new coun
of Gooding and Minidoka.
Previous to the convening of this
morning's session the members of the
senate caucused on the appointment of
a number of additional minor attaches.
The n suit of the caucus was the ref
erene«? to a special committee on com
petitive tests, of all applications for
positions.
The senate adjourned upon motion
of Senator Hart until tomorrow morn
ing at 10 o'clock.
HOUSE MEMBERS
HAVE DEBATE ON
SENATE MEASURE
Bill for Relief of Irrigation
Districts Goes Over and
Rules.
Almost every resolution, qquestion
and bill submitted to the house of
^representatives for consideration at
this morning's session, received its
proportionate share of discussion an«]
debate, and was then temporarily held
up by reference to a committee or
made the subject of a special order to
be heard again this afternoon.
The two hours' session was one of
the busiest since the lower house con
vened, and. although the members evi
denced a desire to work, and did work
assiduously, definite results from the
morning session itself were lacking.
Senate bill No. 10, fathered In both
houses by the Twin Falls delegation,
and passed in the senate, was the tar
get of a rattling fire of discussion in
the house. It refers to private irriga
tion corporations, and, according to its
supporters, its immediate pasage is
imperative today. It was rushed
through the upper house, and will
doubtless be favorably considered oy
the representatives at this afternoon
session. It is probable that Senator
Robinson of Twin Falls county, who
introduced the bill in the senate, will
appear b«fore the members of Hi* •
lower bouse this afternoon to advo
cate the pasage of the amendment
at once.
Senate Measures Reported.
The bouse convened at 10:10. Sen
ate concurrent resolutions Nos. 1 and
2 and senate bill No. 10 were read.
Resolution No. 1, which refers to the
California quarantine on Idaho alfalfa
was referred to the judiciary commit
tee as was also senate bill No. 10,
which relates to private irrigation cor
porations.
Senate concurrent resolution No. 2,
by Haight, provided that the commit
tee on finances of the senate and the
commit!
XÏ0US6 RcfUSCS tO Suspend
appropriations
the
house, be designated as a. Joint com
mittee with instructions to prepare a
general appropriation bill for state de
partments and state institutions not
later than the 3011« day of the session.
Representative Ferguson raised the
point that such matters should orig
inate in the house. Johnston, of Bing
ham, concurred in the objection and
th«» resolution by a vote was referred
to the judiciary committee.
Upon motion of Representative
Booth, of Twin Falls, and unanimous
consent <*f the house, senate bill No. 10
was recalled from the judiciary com
mittee to bear from the committee on
private corporations, to which the bill
had been previously referred.
Booth explained that the legal date
of the annual meeting of a Twin Falls
tract corporation is set for tomorrow,
Jan. 14, and that immediate passage
««f the law today would be of great im
portance to residents of t hat set i«m
of the state.
Refuse to Suspend Rules.
Roll call on motion to suspend rules
for the purpose of considering the
bill resulted in a vote of 35 for and 22
against the motion. One member di«l
not vote and two were absent. As a
two-thirds vote is required, the motion
was declared lost. Upon motion of
Representative Conner, the house
agreed to again take up the consider
ation of the bill at 2:15 this afternoon.
Representative Ferguson of Bannock
presented a concurrent resolution rel
ative to the election of the United
St «tes senator as authorized by law,
and moved its adoption. Conner, of
Bonner, raised a point of order that
the adoption of the resolution neces
sitated n suspension of the rides. The
speaker ruled that the point was well
taken and Ferguson moved that rules
be dispensed with and the resolution
considered. Upon roll call the motion
carried.
Objection from Koelsch.
Koelsch, of A«1a, objected to the pro
cedure as outlined in tlie resolution
upon the contention thrit it did not
comply with the federal statutes. Con
ner, <»f Bonner, moved that the resolu
tion be referred to the committee on
joint rules to be appointed. Healy,
of Owyhee, seconded this
which was carried.
Conner moved that the speaker ap
point a committee of three to act on
joint rules committee. Speaker French
appointed Representatives Conner,
Ryan and Clark of Custer, to serve on
this committee.
Applause greeteil the reading of the
certification from Secretary of State
Gifford regarding the majority of first
choice votes received by William E.
Borah at the primary election.
The Printing Contract.
Representative Wright, of Bear Lake,
as chairman of the printing commit
tee, read that committee's report, which
recommended that th* contract for
printing the house bills ho awarded to
the Capital News. The report an
nounced that bids fr« on only three
printing concerns of the city, the Capi
tal News, Syms-York company and
the Allen Printing company, were re
celved. The bid of the latter eompany
was lower than that of the others, ac
cording to the report, but Representa
tive Wright deelared before the mem
bers of the house that the Allen con
cern was not equipped to properly do
the work.
Representative Johnston, of Bing
ham, asserted that a question existed
regarding the respective duties of the
printing committee and the commit
t« «* on public printing and supplies and
requested that while the report of the
committee on printing was up f«>r con
sideration the issue should be settled
definitely by a ruling from the speaker,
which should clearly outline the duty
and authority of each body. Oversmith,
of Latah, seconded the motion of
Wright, chairman of the printing com
mittee that the report be adopted,
l.awson, of A«la, and Booth, of Twin
id from the journals of pre
sessions paragraphs indicating
that the printing committees of past
legislatures had attended to such work
and maintained that such procedure
should hold during the present ses
sion.
Connor pointed out that the rate pro
posed to he paid for the printing was
in excess this year over that of pre
vious sessions. Wright explained why
the rate had been advanced and at
12:10 the house adjourned to meet
again at 2 o'clock this afternoon.
The judiciary committ «■ was em
powered to employ a stenographer at a
wage of $5 per day. House bill No. 4.
providing for the creation of the coun
ty of Minidoka: No, 6. for the county
of Lincoln, and No. 7, for the creation
of Franklin county, were recommended
for printing.
motion, I
j s '
x lous ' 1 s '
NEW RAILROAD PLANS
WILL BE DISCUSSED
The business men of the city
are invited to a mass meeting
in the rooms of the Commercial
club at 8 o'clock tonight to con
fer with G. D. Aiken of Twin
Falls, second vice president and
assistant general manager of
tlu* Twin Falls, Oakland & San
u'er the
proposed
not ask
it simply
Fran cisco ra i 1 rou « 1
necessities of the
through line to the c
The eompany «I«»«-:
the business men to
tributions to the line
wants the moral support of the
club and other commercial or
ganizations. its officers prom
ise to use their entire influence
to direct the road through Boise
when it is well started, and
asks the business men of the
city to help the company, with
the understanding that the road
will have a station here on its
way to the coast.
The preparations for the an
nual banquet of the club are
going merrily along. Prominent
men in the affairs of the city
and state will he on the pro
gran: for the evening of Jan. 27.
•s
NEW WAY OF APPLYING
FOR APPOINTIVE POSITION
\ Something new In the way of an
application for an appointive position
I came to the office of the state game
! warden this morning, when a letter
I was received from a northern county
by the department.
The letter reads: "is It your desire
i that 1 act as deputy game warden dur
ing your term of office? If so, please
I notify me at once."
j The applicant evidently heard that
t he was wanted by the department, ami
I thought that he would write at once
to headquarters to find out if he was
I needed by the state for the next two
I years. So far, lie has not.
^ We have repaired over 35,000 watch
Why?
i s
I Ted—"How are you getting along
with that new girl of yours?"
j Ned—"Fine! When I call now,
I she doesn't light half the gas Jets she
used to."
MARRIAGE LAWS'
OF STATE EVADED
DECLARES COURT
Judge Davis Holds Shawver
Marriage Was Legal
Suggests Legislation to
Remedy Condition.
Martha Shawver and Albert O.
Shawver were legally married. In
spite of the fact that the ceremony
was performed less than three weeks
after tut* wife had obtained a decree of
divorce and the time limit fide by the
statutes of this state is six months,
Judge Carl A. Davis today decided that
the Idaho laws cannot apply outside of
the territorial limits of the state, and
that consequently the marriage must
be held valid.
To correct the inconsistency of the
laws of Idaho on this point, a bill will
be introduced in the present session of
the legislature refusing recognition to
a ceremony that is performed with the
idea of evading the Idaho law's.
The court quotes the sections of the
statutes that provides for the six
months' time limit and the one that
recognizes marriages as legal if they
are legal in the state where they are
performed. He considers the two pro
visions as contradictory and believes
that the legislature should take steps
to correct the difference in the two
sections.
in commenting on the points raised,
the court says: "This state should
make and enforce its own laws rela
tive to tlie qualifications of its citizens
to marry and should not permit such
laws to be evaded by subterfuge, nor
should the state permit that to be
indirectly which cannot bo done di
rectly, where such acts result in a
fraud upon our laws."
The court holds that the laws of this
state cannot usually have an extra ter
ritorial extent and that the statutes,
as they now stand, do not prevent citi
zens of Idaho from crossing he state
lines, marrying contrary to Idaho laws,
and returning here for residence.
Have you taken advantage of this Sale and bought a
new Suit? You should get one during
Our Semi-Annual Clean-Up!
Men's Clothes $7.50
$7.50 for a good wool suit or overcont seems preposterous, but
we really can sell you a very satisfactory garment at this price.
We sell the best $10 clothes in the state and have marked them
at $7.50 during our clean up, which makes them an exceptional
value indeed.
Tiiey are all late styles and made of late patterns of serviceable
woolen cloths.
You will appreciate their unusual values better if you sec them.
Men's Clothes $13.50
In the lot priced at $13.50 arc quite a number of $20
an«l $25 suits.
They are all good styles in botn cut and materials used
.......— ■ — ..... — • - ■■ ' * in their making.
There is no fault to be found with the tailoring on them
ns they are made, we believe, by the best houses that
make these priced suits.
There is a good assortment of patterns left In every
size, and we feel sure we have a suit or overcoat at $13.50
that will please you in every way.
«s
Women's Suits
tin
K.WfcS
We have made generous reductions on all of our
ter suits.
They are all late styles and made up much better than
the suits that are usually sold at their former prices.
Our $12.75 suits are priced $7.95 now.
Our $15.00 suits are priced $9. >o now.
Our $18.75 suits are priced $10.75 now.
Our $22.50 suits are priced $15.00 now.
Our $27.50 suits are priced $18.75 now.
Women's Coats
IVp have had a phenominal sale of all women's clothing, which shows that our
styles are right, and that they were priced right at their first mark.
The reduced prie s should make it doubly worth your while to buy one of our
coats at their clean up price.
We have priced our $10.75 coats at $7.95, $12.75 coats now $10.75 our $15.00 coats
$12.75, $18 75 coals $15.00, and $22.50 coats at $18.75
These coats are every one decided bargains at present prices.
New Spring Dress Goods
We have gist received our first shipment of spring dress goods
They are marked at a price much lower than the usual price for the same qual
ity of fabrics.
In the lot we hate a complete line nf serges that we have priced SOe, 69c, $1.00
ami $1.25, according to widths and weights.
At 58c a yard we can show you a very good assortment of fancy dress goods that
are worth looking into.
Whipcords n most of the desired colors are to be found priced at 58c, 98c and
$1.22 a yard.
Make up your spring garments during tlie gloomy weather now so you can be
out in the first warm sunshine of spring.
Women's Underwear
Women's, misres' and chil
dren's wool and cotton under
wear have been reduced to a very
low figure during tho clean up.
We have priced odd lots of
underwear values t«. 75c at 29c.
Odd lot worth to $1.25, 69c.
Children's underwear, values to
31 c, at 19c each.
Women's vests or pants, 50c
values, at 25c now.
Gloves 95c pr.
We have gone thru our glove stock
and taken out every odd pair up to
$1.50 and prie« d them at 95c a pair.
These are decided bargains and you
should supply your glove needs while
you can get good gloves at 95c a pair.
Get a Winter
Style Book
for 5c.
m
m
m
S9b
Home of Mr. Make It Right.
Save at least
half on a pair
of blankets
now.
CONANT'S REPORT
STIRS STATESMEN
Luther Conant.
The recent report of Luther Con
ant, commissioner o* corpoi dons, to
t*i. aident Taft .leullng ith railway
control of great steamship lines, has
c.-gated something of a stir at Wash
ington, and efforts will be made to
pass legislation doing away with the
evlL According *u Conant 's report,
water lines along the eastern sea
board have become, to a largo extent,
auxiliaries or subsidiaries of rail
reads. While competition exists in
greater measure on the Pacific
coast, the commissioner joints out
Important Instances of railroad con
trol therr
Postmaster Is Nominated.
(Capital News Special Service)
'Washington. Jan. 11.—James F. Binl
watt was nominated for postmaster of
T . i v »1 » i t. ........ i
Kamaish, Idaho, by President Taft to-I
. .
TO CURE A COLD IN ONE DAY
Take LAXATIVE BROMO Quinine
Tablets. Druggists refund money if it
fails to cure. E. w. GROVE signature
is on each box. 25c. M
"Pa, what is party loyalty*
"Hope of a good job."
NEW OFFICERS OF
COUNTY SWORN IN
The Biennial Change Takes
Place at the Court
House Today.
county government passed
board of
Today tin
into new hands. New men are now
at its head. New policies will be ca -
rted out. New plans will be put into
execution. New names will appear on
the record books and documents at
the court house.
William Howell, as chairman of the
board of county commissioners, ad
ministered the* oath of office to bis eoi
leagues, and to the other officers of
the county government. The board was
organized, and the newly elected offi
cials brought before it and their oaths
of office f«»r the next two years were
administered.
The change of government was quiet
and few saw the simple ceremonies bv
which the administration of the af
fairs of the state's wealthiest county
passed into the hands of other men.
James M. Roberts, as sheriff, and his
deputies; Maude Lowry Cleary, as
county treasurer; William Kincaid, as
assessor; Ivy M. Wilson, as school su
perintendent, and the board of com
missioners, consisting of William How
ell Gun Carlson and William Briggs,
went Into office this morning. The old
ommissioners was present
while the ceremonies were in progress,
and turned over the records and docu
ments of the court house to their suc
cessors For two years, at least, these
men will handle the county affairs, pay
its bills, plan its administration, in
augurate its policies, and work out its
problems. They will appoint its heads
of the various departments who are
not elective, will equalize the value of
. , .. , . „ Ä
i property, make the h vies of taxes, and
' .. , ... .. _
audit the records of the other officers.
Most of the morning was taken up
with the swearing in of the new offi
cials. Stephen Utter, as clerk, and his
deputies will remain in office during
the administration, as the clerk is one
of the f«iur-ycar elective officers. The.
deputies, both in the office and the on«
on duty in the court rooms, will be as
before.