Evening capital news., March 14, 1916, Page 3, Image 3

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

Image provided by: Idaho State Historical Society

                
COURT DISMISSES
THE GEM HOTEL
ABATEMENT CASE
Judge Co wen Holds That
the State Failed to Make a
Case Against the Defend
ants.
The abatement case against the
Gem hotel at Seventh and Main streets
Was dismissed yesterday* by Judge
Frederick J. Co wen, who In a decision
given to Stephen Utter, clerk of the
district court, dismissed the case for
the reason that the testimony of the
hired detectives was not corroborated,
that the sale of liquor in the hotel, tes
tified to by the detectives, was denied
by an .equal number ot witnesses and
further that the general reputation of
a house should not be considered as i f
any great weight. Especially In the
case at issue, he holds, that thu,t char
acter of testimony was overcome by
evidence of good reputation. The de
cision is in part as follows:
"The complaint charges the de
fendants, H, A. Boiio and Mrs. H. A.
Rolio, with maintaining a nuisance at
the Gem hotel In Boise, Ida., and
charges the defendants Joseph Sullivan
and Mrs. Harriet Pefley, as executors
of the estate of Martha E. McCarty,
deceased, with permitting the mainten
ance of such nuisance and prays for
th* abatement of the same.
"The evidence relied upon by the
■täte consists almost entirely of the
testimony of four detectives, or hired
witnesses, whe gave evidence to the
effect that they had purchased liquor
In the building upon three or four oc
casions whan they went there for the
purpose, as they represented, of look
ing the place over with a view to pur
chasing It. They conveyed the Idea to
the Rollos that they desired to obtain
a house which they could run and op
erate as a sporting house, and they
testified to a_ number of conversations
with the Rolioa and employes about the
TIZ" FOR ACHING,
rnne Tincrt CHET
\ I Ilf J I In J II III I
ÜVllLy I II1LI/ I L.L I
ii
, _ j
IOF I enUer,
Use "Tiz
Puffed-up, Burning, Cal
loused Feet and Corns.
M
•"TIZ* HEksi
'X
*
A
>5
Peopl * who forced to stand on
their /eet all day know w hat sore,
tender, swe ®'*y> burning feet mean.
T*hey use "Ti* <> and "Tiz" cures their
feet right up. It keeps feet In per
fect condition. "Tiz" is the only rem
edy In the world that draws out aU
the poisonous exudations which puff
up the feet and cause tender,
tired, aching" feet. It instantly stops
t he pain in corns, callouses and bun
ion. It's simply glorious. Ah' how
oomfortable your feet feel after using
"Tiz." You'll never limp or draw up
your face in pain. Your shoes won t
tighten and hurt your feet.
Get a 25-cent box of "Tiz" now from
any druggist. Just think!
year's foot comfort for only 25 cents.—
Adv.
m ;• ••
a whole
SPRINQ FASHION SHOW, THURSDAY AND FRIDAY
.
ft
8
: j
Coupon
event
Ltd.
Ltd.
IdahoSt
[TheCurtains Drop
Tomorrow Night
At 8 o'clock
COUPON NO. 1—Capital Nawa
BUY GOOD PILLOW
CASES AT 14c
—Wednesday with this coupon
we offer a splendid quality Pil
low Case, size 42x36,
at each.
COUPON NO. 4—Capital N«wa
LARGE SIZE STAMPED
TURKISH TOWELS
—Best quality, size 48x24, in
small designs for crochot, very
little work; 60c value with OO«»
coupon, each.00C
—The Mode, together with the
rest of Boise's merchants, par
ticipates in the 1916
14c
Spring Fashion
Show
COUPON NO. 2—Capital Newt
MI88ES' FINE RIBBED
SILK HOSE
—Rises 5 to 8Î4, black only, fin#
grade for summer wear. A 50c
value Wednesday with
coupon, pair . ..
COUPON NO. 5—Capital Nawa
YARD WIDE CREPE FOR
FINE SUMMER UNDERWEAR
-~A white erape woven in, that
will stand much launder- fill,
lag; with coupon, yard ... 4UU
wherein we display the finest
Gowns, Wraps, Dresses, Suits,
Millinery, Children's wear, Cor
sets, Shoes for Women, Misses
and Children.
—Every one welcome to see all
the new and novel feminine ap
parel.
—The Fashion Show starts to
morrow night promptly at 8
o'clock, with an elaborate pic
torial show window display. Be
on hand to view this splendid
Fashion Display, w'hcn the cur
tains drop Wednesday evening.
Thursday and Friday Ar#
Fashion Day*
35c
COUPON NO. 6—Capital Nawa
TRY THESE GOOD OLD
FASHIONEO CHEWS
—Made of molasses and
good : with coupon 44 .
HALF-POUND FOR I 1C
?TOUPON NO. 3—Capital Nawa
DR. LYON'S TOOTH
POWDER
I —Wednesday with coupon,
[ per can . .
very
15c
TOBACCO
HABIT
A very Interesting book has been published
tobacco habit—bow to conquer it quickly
and easity. It tells the dangers of excessive
smoking, chewing, snuff using, etc., and ex
bow nervousness, irritability, alerpleaa
ness, weak eyes, stomach troubles snd numer
ous other disorders may be eliminated through
stopping self poisoning by tobacco. The man
who has written this book wants to genuinely
help all who have become addicted to tobacco
habit and says there 1 »;;
awful craving
one tries to quit voluntarily. This is
pU,
need to suffer that
restlessness which come when
mind
temperance sermon tract, but plain
common sense, clearly set forth. The author
will send it free, postpaid, in plain wrapper.
Write, giving name and full address—a post
card will do. Address: Edward J. Woods,
S90 II, Station i r „ New York City. Keep this
advertisement, it is likely to prove Abe best
news you ever read in this journal.
place, from which it is sought to Infer
that the house was being run as a
bawdy house. .
Detectives Not Corroborated.
"There Is no testimony on the part of
the detectives of their being a witness
to any acts which would indicate such
to be the character of the house, ex
cept that_two of them testified they
saw the chambermaid in another scan
ty attire in the front room about the
middle of the day on one of the oc
casions when the two detectives called.
All of the facta testified to by them are
said to have occurred from about the
15th to the 23rd of September, 1915.
The detective witnesses are not corro
borated in any of their statements, ex
cept in the matter of the times when
they were presen. In the building.
"Tlie sale of liquor was denied by an
equal number of witnesses in each spe
cific Instance, and In some instances
by an even greater number of
nesses than those who testified to the
sales, and in the raid made by the po
lice officers soon after the last visit of
the detectives, no liquor of any kind
was found on the premises, and there
Is no evidence that any warning was
given to the Inmates of the contem
plated raid. A suspicion might pos
sibly be indulged in that a warning had
been given, but I do not think the
courts should ait upon mere suspicion
In matters of this kind. In addition,
upon the trial of the Rollos in the dis
trict court, before a Jury, upon a charge
of illegal sale of intoxicating liquor,
the defendants were acquitted, and the
state has voluntarily dismissed the
other charges against them for other
alleged illegal sales, and the one for
maintaining a bawdy house.
Vit -
Reputation of th* Place.
"While the statute makes evidence
of the reputation of a place competent
to be received In court, I do not think
such evidence Is entitled to any great
weight. And in this case It Is fully
overcome by evidence of good reputa
tion. The trouble with this character
of evidence in a case of this kind is
that an evil reputation may be acquir
ed by a house on account of conduct or
isolated Instances of wrongdoing, for
which the proprietors are In no way
responsible, and of which they may
have had no knowledge.
"It seems to my mind that the tes
timony of hired witnesses should, at
least, be corroborated in some of It*
more important details before it ought'to
to be accepted as true as against an
equal or even greater array of wit
nesses who deny specifically the direct
testimony of tije state's witnesses.
"The management oi this property
by the defendants. Sullivan and Pef
fley, as representatives of the McCarty
estate, so far as concerns its alleged
operation in violation of the law, does
not seem to call for any criticism. It
appears that they have in good fàith
sought to ascertain whether it was be
j nj? run contrary to law, with a view
t 0 prevent, any wrongdoing, should any
b e discovered,
"With reference to the weight that
has been given to the record in the
matter of the verdict in the liquor sel
ling case and the dismissal of the oth
er cases, while under many of the au
thorities cited in the briefs of counsel
the court may Impart to them a con
clusive effect, yet that has not been
done in this case. I havfe preferred to
base the determination of the matter
upon the whole evidence, and have
reached the conclusion that the state
has failed to make out a case by a
clear preponderance, as It should In
matters of this kind. In this particu
lar it seems to differ materially from
IDAHO BUILDING
& LOAN MEETING
'
Officers Elected and Report
for the Past Year Is
. * Presented.
S. H. Hays will continue as presi
dent of the Idaho Building & Loan as
sociation, for he was re-elected to that
office at a meeting of the stockholders
held last night, whtch was largely at
tended. W. N. Northrop was elected
vice president; B. W. Walker, treas
urer; Joseph M. Hollister, secretary
and S. H. Hays, H. C. Wyman and Jo
seph M. Hollister, directors for three
years. All of the officers named were
re-elected.
The association Is In excellent con
dition as was shown by the financial
statement and report submitted by Mr.
Hollister. R. M. Pyper presented a
resolution thanking the directors for
their efforts and A. F. Montandon de
livered an optimistic address showing
the strength of the association and
its excellent future.
The report of Secretary Hollister
shows the receipts to total $304,626.20,
made up of the following items: Cash
on hand March 1, 1915, $30,244.83;
mortgage loans repaid. $88,284.43; cer
tificate loan* repaid, $19,126.76; Ijtieaon
stock, $111,086.20; interest, $28,454.46;
fees, $1,261.62; earnings, old Issues,
$1,717.16; notes of deposit, $24,461.77.
The disbursements for the year follow;
Mortgage loans. $106,758.36;* certifi
cate loans, $19,879.70; dues on can
celled shares, $108,719.19; earnings on
cancelled shares, $26,861,94; salary and
office expense. $2,878.25; notes of de
posit, $33,453.97; interest, $1,719.33;
taxes advanced, $288.14; cash on hand,
March 1, 1916, $6077.32.
On the first of March, 1916, the
total number of shares outstanding
was 9112%. ' On the first of March,
1916, the total number of shares
9172. The association has returned
to the stockholders the sum of $108,
719.19, w ith earnings of $25,851.90, dur
ing tile past year.
The sum of $105,758.36 has $een
loaned on mortgages, and the sum of
$88,284.43 has been repaid on loans.
During the last quarter the secre
tary reported to the board of direc
tors that the method of apportioning of
earnings of the association did not
appear to be equitable. President Hays
appointed a committee to investigate
and report on the matter. On the rec
ommendation of Directors Wyman and
King, the earnings of the association
were directed to bempportioned to all
stockholders at the rate oi 8 per cent
compounded semi-annually.
ta
the other cases that have been tried
by this court in which a different re
sult was reached.
"Judgment for dismissal may be en
tered herein and ;f counsel for either
|of the parties desire that findings
should be made and filed, the counsel
for the defendants Is hereby directed
prepare findings, conclusion and
Judgment in accordance with the fore
going and submit the same for the
signature of the Judge, first serving
(the proposed findings."
-- W««. —
upon the opposing counsel a copy of
Appetizing lunches served and all
kinds of borne cooked foods sold at the
Exchange, 897 Jefferson
M16
Woman's
street,
ANOTHER WOMAN TELLS
How Vinol Made Her Strong.
Beallsville, Ohio.—"I \yish all nerv
ous. weak, run-down women could have
Vinol. 1 was so run-down, weak and
nervous 1 could not sleep. Everything
I sto hurt me, and the medicine 1 had
taken did me no good. I decided to try
Vinol, and before long I could cat any
thing I wanted and could sleep all
night. Now I am well and strong,
and in better health thag i have been
for years."—Mrs. Anna» Millison,
Beallsville, Ohio.
We guarantee VThol for all run
down. weak and debilitated conditions.
MefTum Drug Co,—Adv.
KIDNEY TROUBLE LEADS
TO TERRIBLE TORTURES
I
I Hundreds of sufferer* from pain* In
! the back and sides, bladder and url
I nary disorders, lumbago, rheumatism,
[ dlziness, puffy swellings under the eyes
lor In the feet and ankles, nervousness,
tired or worn-out or headachy feeling,
don't seem to realise that the greater
port of all sickness today can be
avoided by keeping the kidneys work- '
lng properly. If you suffer from any!
of the many agonies that gccompany
weak, clogged-up or diseased kidneys
you should not neglect yourself another
day and run the risk, of serious com
plications. Secure a package of Sol
ve x, the wonderful new- kidney remedy
which ifc very Inexpensive yet acts
quickly and surely on the seat of the
trouble. You'll be surprised l*>w en
tirely different you'll feel in a veny i
short time.
It doesn't matter how long you have
suffered, how old you are, or what you
have used. The very principle of Sof
vax is such that It Is pYactleally im
possible to take It Into .the human
system without beneficial results.
Solvax Is pleasant to take, gives
quick relief and has been so uniform
ly successful that Charles L. Joy & :
Co. will, In future, sell It under a posl- !
tlve guarantee of relief or refund the
money. No other kidney remedy ever
had a large enough percentage of cures
so that it could be sold in this manner.
A guarantee like this speaks volumes
for the merited Solvax.
There is no time like the present to ,
do a thing that ought to be done. If
anyone has kidney trouble today is the
best time to begin curing it.—Adv.
I
BOARD CONSIDERS
OAKLET PROJECT
-
The state land board discussed the
affairs of the Twin Falls-Oakley'proj
est and the attitude of the company
which installed the Irrigation works.
Two resolutions were introduced yes
terday but no definite action was taken
on them, although they were discussed >
at length. The first resolution directs)
that no employes of the company have
their salaries paid from the mainte
nance fund of the project. The reso
lution states that employes and office
holders of the bondholders' association
draw their salaries to the extent of $359
a month out of the fund made up of the
maintenance fees collected from the 1
settlers. Governor Alexander intro- ,
duced the resolution. He does not j
think that the practice should be per- j
mlttad.
A second resolution calls on the com
puny to assist In the payment of main- I
lenanee charges on its lands within
the project. Heretofore the company,
it is said, has not been making pay
ments as have the settlers on the laud I
they hold. The settlers claim that the I
company should bear its proportionate
share of the maintenance of the system '
on lands within' the project. Both reso- I
lutions were laid over for two days.
They will be acted upon at that time. I
A delegation representing the Bet- |
tiers on the project and members of !
the company appeared before the board
to state their case. This is the project
in which the board at a recent meet- j
lug ordered a sweeping reduction of |
the acreage, virtually adopting the rec
ommendations of the irrigation and]
drainage code commission authorized |
created by t lie last legislature. ' The
commission made a careful study of the.
project and found the water supply in- |
adequate for so large an amount* of !
kind.
I
The state engineer was author
ized to make the reduction in acreage
in compliance with the board's ruling.
Cancel Leases.
The board cancelled 260 state land j
leases because of holders failing to
spond to the 30-day notice given them I
to pay the 1916 rental. The assign
ment of leases to non-residents will I
not be recognized.
The following are the officers and
employes of the bondholders' commit
tee named In the resolution passed by
the board on the Oakley project, who,
it is alleged, are receiving their sal
aries from the maintenance fund; D.
C. MacWatters, $100 per month; S. H.
Hays, $60 per month; B. P. Howells.
$25 per month; c. C. Wilburn, $60 per
month; O. A. Baur, $6» per month; C.
A. McClellan. 575 per month.
The* board »Iso passed the following
motion ;
i> -
"It is the sense of this board that the
settlers of the Twin Falls-Oakley proj- j
ret who did not receive» water for the;
j year 1915 according to contract and
j who suffered crop failure as a re
sult, shall not he required to pay to
the Twin Falls-Oakle.v Land & Water
conipan> any installments of principal
and interest due prior to the year
1916, until after they have been fur
nished water according to contract for
the irrigation season of 1916."
HAPPY REUNION AT
THE SOLDIERS' HOME
A drama of real life was enacted at
the Holdiers' Home yesterday when
Cary Tapi In, a veteran of the civil war,
now bedridden by a stroke of paralysis,
dlnaped in his arms Ills daughter. Mrs.
Alice U, Burg, whom he had not seen
I for 27 years, and who believed her
! father had died some two years ago.
Colonel Barton recently wrote a letter
to Mr. Taplin's brother, notifying him
of th* condition of the veteran and he
forwarded the letter to t the daughter,
then visiting in Lewiston, aqd she at
once came to Boise, arriving yester
day. After a few days' visit here, Mrs.
Burg will return te Lewiston. Mrs.
iHurg highly appreciates the action of
Colonel Barton in notifying her undo
of her father's condition, which made
it possible for her to see him.
Have your suits cleaned, * pressed
■paired. Gua R. Mueller, Tailor,
Adv-At
and
32 FuHt Bldg.
Mp
820 IDAHO ST.
McCrum Drug Company
SONNA BLOCK, 912 MAIN *
Campbell's
Fruit House
FISH
Is Good
REMOVAL SALE
for all the family, but
it njust be fresii and
sweet.
We enjoy a lively
trade in our Fish De
partment and are re
quired to ship in fresh
fish every day.
Come in and see them.
WE WILL SOON MOVE TO OUR NEW LOCATION,
SAME BLOCK—SAME SIDE OF STREET—3 DOORS
EAST OF OUR PRESENT QUARTERS.
It's going to be a big job to move the thousands of ar
ticles-—big and little—that comprise our immense stock of
Drugs, T oil^t Articles, Rubber (ioods, Soaps, Perfumes, Sta
tionery, Leather Goods. *
PROFITS SACRIFICED —We are going to sacrifice
profits from now until moving day. You can t afford to pass
this sale up. ^ ou don't often get an opportunity to buy Drug
Store things so cheap.
All the \vell-known # makes. as well as a few perhaps new
to you—
Phone 15
4*4*4'4'4*4*4'4»4'4*
Choice Meats,
4* Ham, Bacon, Lard. 4*
4* BOISE BUTCHER CO. 4 .
4* 811 Idaho. Phone 59 4«
4*4*4*4*4*4*4*4*4*4*
4*
4*
4
4
Palm Olive Soap. 2 for 15* 25c Sanitol Soap
10c Almond Cocoa Oil Soap
25c Woodbury's Facial Soap
5c Wool Soap, 6 for .. .25*
10c Maxine Elliott Soap 7*
25c Dr. Berry's Skin Soap ..
Colgate's Cashmere Bouquet Soap
17c
7 C
19C
Daters, Stamps etc.
25c Eutaska Soap
5c Lifebuoy Soap,*6 for 25*
19C
WE MAKE THEM TO ORDER
Boise Rubber Stamp Co.
PHONE 17»
19C
IOC
25c*Synol Soap. 19C $1-00 Bath Brushes ...74*
..09C
49C $100 Ideal Hair Brush 75*
806 BANNOCK.
$1.00 Hair Brush, solid hack
75c Hair Brush .*"
Zimmerman
One-quarter off Ebony Hair Brushes
/
SELLS MEN'S HATS EXCLUSIVE
LY. BUY THEM. WEAR THEM.
YOU GET THE BEST.
EIGHTH 8T.— OPP. POSTOFFICE.
25c Tooth Brushes ... • 18c 50c Tooth Brushes .. ..35*
35c Rubber Set Tooth Brushes ....
10c Face Chamois
20c Face Chamois
.23*
7* 15c Face Chamois ,...12C
16* 25c Rubber Sponges ..16*
FOR SALE OR TRADE
Piano, original cost $1250.00;
our price $250.00.
Pioneer Furnitur* Co.
909-911 IDAHO ST.
Shaving Mirrors, a big assortment, OXE-FOURTH OFF
25c Antiseptic Dental Cream
25c Colgate Dental Cream .,
15*
19*
Ebony Hand Mirrors, ONE-FOURTH OFF
Jenkins Furniture Company
11th and
I piM Main St #. 1
Phone 559'
50c Pond's Vanishing Cream ...
25c Pond's Vanishing Cream ...
1 pound Theatrical Cream .
Half-pound Theatrical Cream ..
Quarter-pound Theatrical Cream
50c Palm Olive Cream ..
25c Witch Hazel Almond Cream
25c Benzoin Almond Cream ....
50c Benzoin Almond Cream ....
25c Willow Cucumber Cream ..
50c Supreme Cneam ..34* 15c Air Float Talcum . 9*
Perfumes, all 50c odors, oz.
$1.50 Hot Water Bottles, guaranteed
$1.00 Hot Water Bottles.
39*
19*
0
49*
0
28*
19*
39*
19*
FRY & SUMMERS GO.
Funeral Directors,
and Embalmers. -■
FAULTLESS SERVICE. *'
Privat* Ambulant*.
CAREFUL ATTENDANT*
PHONE 976. DAY AND NIGHT.
19*
34*
19*
*4*
35*
$1.19
49*
CityDyeWorks
French Ivory Hair Brushes, Mirrors, Powder Boxes, Hair
. Receivers, Nail Buffers, Combs—ONE-FOURTH OFF
Best equipped In the state; all kinds
of clothes Cleaned, Dyed, Repaired an#
Pressed. Phone 44 and 13'. 5.
1 pound box Epsom Salts.
1 pound box Borax, sift top ....
Impound box Boracic Acid.
1 pint VYiteli Hazel ...35* 50c C'edar-O Polish ...39*!
1 pint Mineral Oil ....50* 50c Liquid Veneer_ 39*
1 pint Household Ammonia
25c A B C Tea.
.16*
.49*
28*
Billiards and Pool
J. WEIL & CO.
7*
17*
921 MAIN ST.
McCrum Drug Co
IBON IRRIGATION Pipe
% to 4-inch in excellent con
dition; any quantity.
IDAHO JUNK HOUSE
Phon* MO
Present Location, Sonna Block
912 MAIN ST.
.
513 South 8th.
COIL SPRINGS,
STEEL AND BRASS
SAIETY^miUABLEiS. j
600 assortments—all aizea.
Sweet-Teller Hardware.
Keen Kuttcr.
A
Brighten Up.
Our Safe Deposit Boxes rent for
$3.00 and upwards per year.
You alone have access. Open eVery
business day, including all day Satur
day.
The ldan-ha
LEADING HOTEL OF BOISE
European Plan.
In th* e*nt*r of avarything.
Commoroial and Stockman'*
Headquarter*.
FIRST-OLASS CAFE
Cafeteria and a la cart* service.
Lunch, 12 to 2
Dinner, 5 to 8 p. m.
Rate*, without bath, $100 up. With
bath, $1.50 up.
ROBERT AIKMAN, Manager,
Boise Title & Trust Co.
Idaho Bldg.
■
THE BRISTOL.
BOISE'S POPULAR HOTEL
European Ptan.
Complet* In avary dataiL
Daily rates, 76c to $1.66.
Weekly Rates: *3.60 up.
Special rate* to permanent guest*.
M, PARSONS. Managar,
* Offiep Practica Only—Conaultation* and Examination* Fra*.
Bladder and Kidney troubles, diseases of the "prostata Gland. Stric
tures, Frequent Urination, GonoYrhoea, acute and chronic; Blood and
Skin Diseases.
All sexual diseases of men and women.
Loss of Ambition and Neurasthenia.
Nervousness, Despondency,
DR. WILLIAM L. ALLEN.
HOTEL GRAND
Office 201*2-3*4, McCarty Bldg.
BOISE'S NEWESY HOTEL
I ! Hour* 9 a. m, to 8 p. m. Sundays, 10 to 12.
Special appointments can be made.
Commercial M a n s Headquarter*—
Moat Attractive Lobby ta th* State
Stnstly Madam.
Papular Prisas