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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. 7 * «rti'k/ 4 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 f *3 <4 1 x .) M ÿ ji ssi m I * 4 Oldsmobile Lightness Saves You Many Dollars « 3 fob n a* S fob « 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. I ê 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 * (b 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 tf 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 , . V ' ■% "•à. éMMkâ-. V m * . .• "à ' mm »ÂSSè *1 <£» it -- V* :? . -'.ÆÈË m mm Mr ' ' ' ml : ; 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.