Evening capital news., April 23, 1916, Page 3, Image 3

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

Image provided by: Idaho State Historical Society

                
I THE ROCK PRILL ER DRILLS THE. 6000 JUD6K ]
_ IYOUk HONOR THt SEAL TOtAOOOl
mu look Harpy eve* ir you m) puts happiness]
00 A 6000 OPAL op anocemoj / f / Y |ihto each KN OCK.
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I T'S a glad day for a tobacco chewer when he finds
W-B CUT Chewing—the Real Tobacco Chew, new
cut, long shred.
Knowing how much it means to his comfort, a man
takes pleasure in telling his friends about it, too.
You don't have to grind it away. The taste lasts.
" Notice hew the aelt bring* out the rich tobacco teste "
Made by WEYMAN-BRUT0N COMPANY, SO Usioa Square, New Yetfc City
SUNDAY THEATER
QUESTION Will GO
' BEFORE PEOPLE
udge McCarthy Holds That
Referendum Applies to
Case-Appeal to Be Taken
to Supreme Court.
Holding that too question of,whether
>r not the motion picture show houses
n Boise may operate on Sunday is a
eglslatlve one, and not a judicial, that
he ordinance providing for their open -
ng by the city council is one to which
he referendum applies even though
he initiative does not, and that as the
:lty of Boise is operating under the
Black law, the ordinance Is one upon
Wich the people can demand an elec
Ton upon the filing of tl proper peti
Ion. Judge Charles P. McCarthy late;
■esterday sustained th. demurrer filed
)y the city attorney and quashed the
vrlt of prohibit! >n filed against the
nayor and city council by C. ". Red
loch, Judge McCarthy, In his decision
rent into the law points raised to
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4
Oldsmobile Lightness
Saves You Many
Dollars
«
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fob
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i
Every excess pound is an expensive
pound. It is over-weight that grinds (
tires down and wears a car out
prematurely.
Lightness means economy and long ®
life. Oldsmobile valve-in-head four is
the light-weight champion among all
fine vehicles. It weighs, ready for the
iroad, but 2755 pounds.
Owners make no complaint of short
Etire mileage. *They rejoice in the uni
Jformly good service given by casings.
I Gasoline averages of 18 miles to a
gallon, and upward, are not uncom
mon among 1916 owners.
Demonstration at your pleasure.
$1095—the list price of the valve
in-head four.
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fob
Rttahllthad ISM
For thirty-fivt yuan the Olds
Motor Work* has been a train
ing school for competent men.
Randall Dodd Auto Co., Ltd.
Boise, Idaho
*
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t
some length and while he admits the
question is a close one, he holds with
the defendant upon every point raised.
C. F. Reddocli states he will perfect an
Immediate appert to the supreme court
and will file the same on Monday.
After holding that the act Is a legis
lative one and not a Judicial one and is
therefore submlssable to a referendum
vote under the Black law, the court
says;
The 8unday Rest Law.
"The next argument of the plaintiff,
and It seems to me to be the strongest
advanced In support of plaintiffs posi
tion, is that the Sunday rest law con
fers upon the city council the power of
action, Instead of conferring It ex
pressly upon the city. It is argued that
this is an express grant of power to the
council and exc' ides the reserve power
of legislation which Is granted to the
people of the city through the referen
dum, which applies only where the
power is vested in the city as dis
tinguished from the council. This is a
' very Ingenious and clever argument. It
! presupposed a dictinctlon between the
grant of power to a elt and a grant of
power to Its council as the law-making
power of the city, and unless such a
distinction exists It seems to me that
the argument must fail. In some cases
the statutes confer power upon the city.
but even In those cases the statutes
say that the city may act by ordinance
: or by law. Revised Codes, sec. 2238, ses
sion laws 191V chapter 81, p. 266. This
demonstrates that the legislature re
cognizes and intent's that the ordinary
method of legislation by cities Is by
ordinance, an 1 thus by the act of the
council. In other cuu the vrttnt of
power la to the council directly. There
la nothin* In the atatutea to conv'nce
me that there la any Intent to dis
tinguish between the two cases, but on
the other hand I am satisfied that the
leglslaure used the term 'city* and
"city council' In the same sense lnthls
connection. I am therefore unable to
sea how the use of the word 'city
council' necessarily excludes the refer
endum. I think that the referendum ap
plies whether the power In question la
expressly »ranted to the city or to the
council as the law-making body of the
dty."
Must Be Construed Together.
Concluding his decision Judge Mo
Carthy says:
''The Su. day rsst law and th- Black
law which confers the right of refer
endum must be read and construed to
gether. The fundamental question In
this ca_ j Is whether the legislature
meant to make the action of the'coun
cil final In the matter of the Sunday
rest law In Black law cities, and ex
clude the right of the referendum con
ferred by another act of the same
legislature upon such cities. For the
reasons given above It Is my Judgment
that this question should be answered
in the negative.
"The demurrer Is sustained. I do not
suppose that the plaintiff will care to
amend, but will stand on the legal
questions so skilfully conceived and so
ably argued by his counsel. If the
plaintiff does not care to amend, the
writ of prohibition heretofore issued
will be quashed and judgment will be
for the defendants."
CARRANZA FACES CRISIS
(Continued from First Page)
who checked an Incipient attack on
the consulate, afterwards called out his
command and dispersed the rioters.
Consul H. A. Coen and eight other
American residents were given refuge
in the homes of friendly Mexicans,
according to the story brought here
today.
''We'll have war with the United
States soon enough without you peo
ple fomenting trouble In this way,"
the Carranza colonel Is reported to
have shouted to the crowd as he made
a show of force with a pistol.
The same sentiment was attributed
to General Jacinto Trevino at Torre
on, wdb was reported to have made
preparations to Intern Americans In
that district If they did not accept his
proffer of a special train to the border.
British Consul Patrick O'Shea Is look
ing after the American interests there
in the absence of the United States
consul, who left hls post early In the
crisis following Villa's raid on Colum
bus.
Trevino Is reported to have entered
into negotiations with Generals Can
uto Reyes. Cisneros and two other
bandit chiefs of the Laguna district
for their surrender to the de facto gov
ernment In return for amnesty. Later
Durango advices over Mexican tele
graph lines, reported that Cisneros had
made hls peace with the Carranza gov
ernment and that the situation around
Durango was Improved.
DEVELOPMENTS IN
THE SITUATION EX
PECTED AT CAPITAL
Washington, April 23.—(Sunday)—
The presence of Secretary of War
Baker end other army officers at the
war department until after 12:30 a.
m. today, and the receipt of several
dispatches, gave rise to the belief that
I perhaps developments of major
portance had been reported or were
expected.
No Information had been announced
up until 12:30, No officials previous
ly had remained at the department
after midnight
At 1:15 Secretary Baker declared
there was nothing in messages already
received, which he could make pub
lic. He had been apprised, however,
that a long cipher message would be
filed at. San Antonio. This, he said,
could not be deciphered before morn
ing.
im
BOISE CARRIES OFF
HONORS IN CONTEST
Rex Klmmell, the Boise high school
representative in the state declamatory
contest, held at Twin Falls, Friday
night, carried off first honors for hls
school In the oratorical division. There
were three other contestants in ths
division. Mr. Klmmell gave the read
ing. "Speech When Under Sentence of
Death," by Robert Emmett. The se
lection was an especially strong one
and was well carried.
The Twin Falls representative
ried off the honors In the
section, while the Burley representa
tive won In the humorous division.
Seeds, plants, etc., true to name.
W. S. G. Co., cor. 9th and Grove.
Phone 323.
car
dramatic
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Mad Coyote Is Killed.
Another mad coyote appeared at the
ranger station at Lick creek on ths
south fork of Payette river, on the
morning of April 16. and attacked a
dog belonging to Forest Ranger A. A.
Casner. The coyote was killed while
attempting to attack Mr. Casner. As a
precaution against the spread of the'
disease Mr. Casner killed hls dog. This
Is the second instance of rabid coyotes
appearing in that section.
Storage for household yoods, pianos
and furniture. Few equal, none better.
Peasley Transfer f
Phone 73.
Storage Co.
Adv.
Marriage License Issued.
Caldwell. April 22.— A marriage 11
cense was issued this morning by Dis
trlct Clerk Knowlton to G. W. Haynes
and Grace Wongue of Eagle.
Turkeys wanted. Brand's Grill,
A24
CITY Of WEISER
WINS ITS CASE
■
Decision Is Given Against
New First National Bank
of Columbus.
The alternate writ la quashed and
the> peremptory writ of mandate denied
In the case of the New First National
Bank of Columbus versus the City of
Weiser, by a decision handed down
last night by the supreme court. The
original proceedings before that tri
bunal required the city authorities of
the city of Welser to pay the funds
arising from assessments made In a
certain Improvement district In a cer
tain way. The decision is written by
Chief Justice Sullivan and concurred
In by his associates.
In this case the plaintiff bank sought
to require the officials of Welser to
apply moneys now available In local
Improvement districts Nos. 6 and 7, as
well as all moneys hereafter to be re
ceived, In the funds, first. In the pay
ment of Interest upon the bonds of the
district. Second, after the payment of
Interest, apply such funds as are avail
able In either of said districts to the
redemption of the improvement bonds
In their order, beginning with the low
est number. Upon the application an
alternate writ of mandate was Issued
and on the return the defendants de
murred to the petition and also Inter
posed a motion to quash.
In Its syllabus the supreme court
holds In part as follows:
The bondholder has no claim against
the city on account of the debt created
by euch bonds and is given no right as
against a landowner who has paid all
of his assessments, and the city au
thorities have no power or right to di
vert any portion of the principal or in
terest paid such taxpayer to the pay
ment of Interest and principal owed
by a delinquent taxpayer.
The bondholder may proceed In the
matter as provided by statute and can
either secure his money from the de
linquent taxpayer to obtain title to the
property by such delinquent, free and
clear of all Incumbrances.
The plaintiff In this case has a plain,
speedy and adequate remedy at law for
the collection of any principal or Inter
est due from any property owner who
has failed to pay any assessments
made by the city authorities, and that
being true the peremptory writ of man
date will not Issue.
PLANTS. Early cabbage, tomatoes,
sweet potatoes, eto. W. S. & G. Co.,
9th and Grove.
tf
DECISION IS GIVEN IN
LINCOLN COUNTY CASE
In an action to recover on a breach
of contract entitled Adelhald Wolter
versus D. D. Dixon and Adelhald Wol
ter In her own proper person as widow
and administratrix of the estate of
Peter Wolter, deceased, versus D. D.
Dixon, on appeal from the Fourth Ju
dicial district court for Lincoln county,
the supreme court last night handed
down a decision reversing the Judg
ments entered for the defendant.
By stipulation of counsel two ac
tions are presented In one transcript in
this case. Both cases are the result of
an agreement to sell certain real and
personal property made by Mrs. Wol
ter. This agreement to sell recites a
cash payment of 3100 made at the time
It was entered into and that the fur
ther sum of 35000 should be paid ac
cording to the schedule, the other sums
to be paid also being set forth. A mar
ginal notation was made on the agree
ment to execute a chattel mortgage to
secure the payment of the first de
ferred payments. The payments were
not made. A dispute arose over their
settlement and litigation followed. The
supreme court finds the evidence failed
to support the findings of the lower
court for the defendant. The trial
court Is directed to enter Judgment for
Mrs. Wolter for restitution of the prem
ises with damages for unlawful deten
tion, and for the recovery of the per
sonal property, or In -case a recovery
cannot be had, that the Judgment he
entered in favor of Mrs. Wolter for its
value, both to be determined by the
trial court from the record. Justice
Budge wrote the decision. Hls find
ings are concurred In by hls asso
ciates.
Advertising Pays Us
Because We Have the
HATS to Back It
The Funston
The Torpedo
styled and made in out
shop, the swell Panamaj
style this season for me«
the ladies' best hat and
the indestructible
.Panama
*
$3.00 $4.50
H
DR. M. Y. LUCAS
Has moved his dental offices to 417
Adv AIS
411 Empire Bldg.
TO LATE TO CLASSIFY
WANTED—Seco.id ham
engine. Call 2304J.
automobile
a2S
FIVE-ROOM furnished house for rent
Graves, 905
at 1103 N. 21st. A.
Idaho.
1
A25
WILL SHILL good 7-room house like
renting, or trr.de for auto. Phono
2572-J.
a26
FOR SALE—Cre .m separator, almost
new, No. 12 De Laval. Rosa 4k Co.,
1324 Main.
tf
FOR SALE—One blacksmith's blower,
No. 400. 1418 Main St. Terrlngton
& Williams. A23
WANTED—A residence for cash; must
14000 and
be a bargain; between
$5000. Address Box 644.
A23
AUTOMOBILE REPAIR SHOP—All
kinds of cars repaired; Ninth and
Grove. Hardman block.
A29
FOUND—Auto top covet- near fair
grounds. Owner claim property at
1606 Main street and pay for ad. a25
FOR SALE—Strictly modem bungalow,
completely furnished; $500 cash, bal
ance monthly. Lucas, 216 Idaho
Bldg.
A30
FIRST CLASS 80 acres In Long valley.
Improved, at 312.60 per acre. Cash
3400, balance 3 per cent. Lucas, 316
Idaho Bldg.
A30
FOR SALE—At a sacrifice Mehlln
Grand piano, almost n«|w, splendid
case.
A25c
action, beautiful mahogany
Phone 1007-J. T. L.
FOR SALE—Small house and 60 ft lot
with several outbuildings and lm
sacrlflee.
News. tf
provementa at a genuine
Address Box 1114 Capita]
FORD
A numbei* of used cars;
In good
condition; 5 passenger 3369; Road
t A Son.
Sters 3250. H. H. B
Phono 309.
A23
Improved
10 acres on the bench; clbse to town
and has city water; will sell any
part of It. Address R. Dl 4, Box 88,
A23c
FOR RENT FURNISHED—Strictly
modem bnngalow. Twer sleeping
porches. Furnishing high class and
oomplete. Including player piano.
1014 East Jefferson. Phono 1767-W.
FOR SALE—One of tho
or Phone 24S4-W.
A30
eeeeeeeeeoeeeeeoee
• LIST TOUR vacant hoifses for •
• rent with H. G. Myers St Co., •
428 Overland Bldg.
May 2 e
• WB BUT notes and mortgages. •
H. G. Myers & Co., 423 Over- •
land Bldg.
tf •
e
FOR SALE OR TRADE—pholce 10
acres; 31000; terms. The best bar
gain In town In a 6-room h|ouse. We
have aome
water; very fine soil;
McReynolds & Whitson, I4aho Bldg.
A23
relinquishments with
will trade.
60 ACRES partly improved, little al
falfa, fruit, etc.; no buildings; near
Deer Flat reservoir; government
water right. Price 3900.
House and lot close In; bath and
toilet; will sell the lot and give you
the house. Price 31700; telrms.
HUB CITT REALTT CO.,
219 Idaho Bldg.
A13
20 ACRES of fine land all lik cultiva
tion; on car line: good two-toom
house; barn for 4 horses; a]l fenced;
good team, harness and wagon, and
all other farm tools and household
furniture; all clear of Incumbrance.
Price 33000. Will take smk.ll house
McClellan-Hoob
Room 3, Qem Blk., |
A24
aa part payment.
1er Land Co.,
Boise.
NOTICE! NO NEF.^ TO SPRAT FOR
SCALE If your trees are cleitn, but If
you have scale and have no^ sprayed
yet or If you wish to spray for cod
ling moth call me, I will do your
work thoroughly and take Part or all
payment in fruit. I can sptlay 1000
medium sized trees per day. No Job
too big for us. If you have one tree
to spray call me. Give me three dayB'
notice and I will reach you.
S. R.
Castile. Phone 2322-R, 18th akd River
alt
streets.
Y
\
t
IS
/!
Accent the "Men
In our young men's Clothes we
get the desired youth, but the
manliness is there too.
Hart Schaffner (â Marx
blend style, and youth and dignity perfectly.
They're YOUR kind of Clothes
$20 % $25 and up.
^BRUCE-M^TIN^r
6*
FOR SALE—Banner potatoes for eat
ing, or seed. Phone 85-R-8.
a23e
I OR RENT—Suite of furnished rooms
for gentlemen. 1019 Hays.
&29
FOR SALE—One fine violin oheap.
Inquire at 819 Colltster flats.
A23
FOR SALE—Good saddle horse cheap
If sold at once. Phone 413 or 1845-J.
A2S
FOR SALE—One set painter's swing
ing scaffold with pulleys and ropes.
Price 38.60. Pioneer Furniture com
pany.
A29
ft
PLAYS
MONDAY & TUESDAY
The Gods of Fate
In five acts—The sensational railroad drama
,
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A head-on collision of a fast freight and the Overland
"Limited," while running at the rate of forty-fiye miles an
hour. The most expensive scene ever photographed for
use in motion pictures.
1 Oc — ADMISSION — 1 Oc
MAKE THE
KITCHEN A COM
FORT WITH A GAS
RANGE AND
WATER HEATER.
BOISE GAS & COKE
CO. *
Phone 537. N. 8th St.