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VOLUME 2. NUMBER 15
THE COEUR D'ALENE PRESS. THURSDAY EVENING. AUGUST >2 1907 WHEN DOES INTEREST BEGIN? Opinion of Attorneys on Disputed Sewer Bond Points The city treasurer recently sub mitted a number of questions regard ing the dates on which interest should begin on sewer bonds, time of pay ent and whether the balance due on assessment could be paid up at ny time. The commission referred he matter to its attorneys, Sanders Flynn, for a legal opinion and this given by Mi. Flynn as follows: "The first question asked reads as Hows: 'In oases where the prop ty owner has not taken advantage of e thirty day period within which was allowed to redeem from the ssessment without interest, when ill the interest on his assessment egin to run?' "The sewer assessment was finally onflrmed by the Hoard of Trustees f the village on Steptember 25, 906, after the period allowed by law or protests by property owners with n the distriot had elapsed. "Ordinance No. ICO provides that he bouds issued to cover the costs of he sewerage improvement shall be ated December 1st, 1906. The onds draw 8 per cent interest. The roceeds of the assessment are in "nded to take up the honds and rdinarily the assessments should raw sufficient interest to protect bond holder. The thirty days ithin which the property holders uld redeem from the total asst nt did not begin to run until the tutory notice was given. This tlce was not given owing to the ndency of the action brought to ~t the validity of the proceedings ken for the assessment. If it had ien given, the city treasurer would ve no alternative but to collect the 11 amount of the assessment with terest from the date of confirmation the assessment by the village board trustees. Since it was not given til July 11, 1907, we think that treasurer and the committee uld be making a distinction ween those who have paid the full amount of r aseasment without interest and who are unable or unwilling to ay, by charging interest from the of the confirmation of the assess jt, towit, September *25, 190«. if date at which interest shall be to run sbould be fixed as August 1907, the last date on which perty owners oould redeem with interest by paying the full ount of their assessment, we think t no one will be prejudiced. * 'Neither the city nor the sewer trcict can be prejudiced inasmuch the purchaser of the bonds pays par value thereof plus the accrued erest from December 1, 19o6, up the date of taking up the bonds, sewer district and the property ers therein getting the benefit of accrued interest. The property er, who has not yet paid his as ment, certainly cannot object to latter date because this will iate the objection that a distinc is being made between those who the full amount of their assess t and those who wish to take ad ge of the annual installment We would advise you, therefore. August 11, 1907, should be fixed e date from which interest is to and that if it is so fixed no prop owner can possibly have any objection the validity of the rage assessment or the payment interest due thereon, uestion two is as follows: 'Sec 0 of ordinance No. 160 provides be assessment may be paid in nal annual installments with t on the whole sum so charged assessment and unpaid at the f 8 per oent a vear and the first Iment shall be due and oollect u October 1, 1907, and each 1 installment thereafter shall e on the first day of October in succeeding year thereafter and beoome delinquent twenty days becoming due. The amount shall be payable and collect •ach year shall be one of such annual installments with the 1 d "® thereon, together with terest on all installments there o become doe. 1 "We see no objection to collecting the annual installments before Octo ber first of each year if the property owners wish to pay such installments before they become due. The annual installments became due on October first of each year and became delin quent on October 20 of each year. The amount to be collected for the first annual installment is one of such annual installments with interest from August 11, 1907,if the commit tee decides on that date, up to De cember 1, 1907. The annual install ment due thereafter becoming due and payable on the first of October of each succeeding year and beoome delin quent twenty days thereafter. "We do not think that the proper ty owner who takes advantage of the annual installment plan can stop the running of interest between the date of such payment and the time the bonds become redeemable. In other words, when an annual installment is paid, interest must be computed on the whole amount unpaid up to De cember 1, following the date of pay ment. The reason for this is plain. The bonds are redeemable on the first of December of each year whenever the city treasurer has sufficient money in the looal sewerage improvement di strict fund, over and above suffi cient for the payment of interest on all unpaid bouds, to pay the princi pal of one or more bouds. The bonds are secured by the lien of the assess ment on the property within the local Sewerage Improvement district. If the property owners were permitted to cut off the interest between the date of making his annual payment and the date of redemption of the bonds, the bondholder would thus lose his security for this interest. "We therefore advise you that where annual installments are paid, Interest should be collectd for the full year period up to Deoember first of each year, the understanding being that the interest for the year 1907 shall not begin to run until August 11, 1907. "The third question submitted is as follows: 'In case the property owner desires to pay the full assess ment at any time and relieve bis propety from the lien, how much in terest shall he be required to pay in order to redeem?' "The supreme oourt iu its opinion in the case of Blackwell vs the village of Coeur d'Alene uses the following words, which we think sufficiently answers this question: " 'In view of the obscurity and un certainty of this statute, it being specifically provided that interest shall be paid, we hold that the prop erty owner may make such redemp tion upon payment of interest accrued up to the date of such redemption. This is just and fair to both the prop erty owner and the bond holder, and we will infer that is what the legis lature intended to provide, al though they did very inperfectly." (Continued on [»age 4) PRINCE WILLIAM. Member of royalty, in command ! of a Swedish war vessel at the j Jamestown exposition. m yacecr; MLLE. CLEO DE MERODE. Some years ago Mile. Cleo do M -rode of the I'nii.Ii .»„gw attracted wide attention by her method of arrangi g her hair for some seasons the r|«j Style was more or less popular. Mile de Mena! • s mentioned also ns one of the favorites of the gay old King I,co|>oM of Uek'inn SAWMILL BURNS DOWN The saw mill located in French Gulch burned to the ground last night taking with it about 75,000 feet of lumber. No one is able to advance a reasonable theory as to how the fire originated. The mill has been active, employiug 10 men each day. Its out put averaging 15, 000 feet. The mill was owned by I. Delavau who resides in Spriugwater addition to Coeur d'Alene and is a total Jose, aggregating $3000, there being no insurance upon tbe property. The destruction of tbe mill throws out of wark several men and as yet it has not been determined whether it will be reconstructed. Nothing was saved from the oontlagratiou. SUIT WITHDRAWN Conoord, N. H. Aug. 22.- The suit brought by "next friends" of the Christian Science priestess. Mrs. Clarence Baker Glover Eddy, lias been withdrawn. Counsel for the "next friends" an nounced that the suit for an account iug of the property of the Christian Science leader, was withdrawn for many reasons, principally on account of the "unprofitableness of any im mediate result in a decision in our favor upon tbe exact issue as now framed, compared with the burdens and disadvantage to the endured by us both before and after such decis ion." Mr. Streeter, defendant's counsel, immediately moved that the masters proceed with the hearing upon tbe question of Mrs. Eddy's competency to manage her affairs. He said: If we are allowed to proceed we will show how on February 21 Mrs. Eddy began to arrange for the man agement. of her property for her life and to provide for her kindred dur ing that time. '' Mr. Streeter characterized the suit as primarily an assault upon a great religion by gieat newspapers. Said he: "Not a word of testimony was introduced to show that a dollar of her money was ever misappropriat ed. The charge of her iuoonapetency collapsed. It is now stated in tbe press that this suit is abandoned for the purpose of waiting defendant's death, then contesting her will. Mrs. Eddy has a legal right tu tbe finding of her competency upon the case as it now stands or upon further evi dence she may Introduce." Judge Aldrich replied that the masters would not be justified in going on with an expert in bearing unless so directed by tbe oourt. The Christian Science publication committee statements had had published the of Dr. Alien MeLaue Hamilton of New York, alienist, who reoently examined Mrs. Flddy. Ham ilton said: "1 am firmly of the opinion that she is competent to care fur herself and manage her affairs and that she is not coerced in any way. It would appear as if she takes the initiavie npon aoocasions." The suit was brought to secure ari accounting of tbe financial affairs of Mrs. Eddy, and was set era I months filed by Mrs. Eddy's son, George W. Glover, Dead wood, S. D. ; bis daughter, Mary Uaker Glover, and George W. Baker of Bangor, Maine nephew and "next rfieud" of Mrs! Eddy. The bill of equity was directed against the trustees of the Christian Science church iu Boston. Calvin A. Frye, Mrs. Eddy's secretary; Lewis C. Strang, her assistant secretary, and Herman B. tiering, first reader of the church iu Concord, Specifically the bill alleged : First—That Mrs. Eddy is and for a long time has been incompetent to ( lo busiuess or to understand trausan tions conducted iu her name in con nectiou with her property. Second That the defendants have possessed themselves of her person jand property, and have carried on her business. Third—That, having done tiiis, knowing of her infirmity, they have become trustees for her of all prop erty which has come into her pos session, and are bound to give ac count thereof and of all their trans actionus iu her uarne. Fourth—That there is reason to fear that the defendants wrongfully converted some of her property to their own use. The bill demanded an accounting of all transactions in counectiona with Mrs. Eddy's affairs; the bill asked for restitution in case auy wrongdoing appears, for an iujuiio tion during litigation against inter ference with her nrope ty and husi ness, and for a receiver. Former United States Senator William E. Chandler, counsel for tbe plaintiff, explained that Mr. Glover was actuated by no spirit of disrespect to his mother, but believes that the proceeding was in tier real interest. Mr. Chandler said the action was not directed against the religion of tbe Christian Scientists, and declared that Mr Glover had long thought that his mother was growing too feeble iu body and mind to attend to important business matters, but that for a long time he was uuabl,J 4,1 confirm this suspicion. because those immediately about her seemed unwilling to allow even her nearest relatives to have an interview , long enough to reveal her actuel condition. HAWLEY READY FOR TRIAL Returns in Better Health From Hawaiian Islands. San Francisco. Aug. 22—J. 11. Hawley, the Idaho attorney who oon ducted the prosecution of William D. Haywood for the murder of ex Governor Steuneuberg, returned to the St. F'rancis from the Hawaiian ielnds on tbe steamer A1 mewls today, and will go directly to Boise to take up the work of preparing the case against George Pettibone, who is to be tried for the same crime. His health has been greatly impruv ed by bis trip to tbe islands. SUMMER NORMAL SCHOOL CLOSES Was a Successful and Satisfac tory Term The last day of the summer school closed yesterday. The students have nearly all separated for their homes President George H. Black has left for Ia-wiston and o'her inatiuctors will leave as rapidly as they can get away. On the whole tbe summer school has been a great success, perhapa, ex seeding tbe most aaugulne expecta tions of tbe lawmakers and those in terested in securing the $1000 appro priation from the state. There ia considerable satisfaction In the fact that those in charge held down the expense below the appropriation made. It is certain that next year the sum raer school will be egain bald bare. The average dally attandanoa has been about 100 students which ia ful ly 30 per oent above tba summer sohool attendance at either Boles or Pocatello, although both of those places have had achools for several years.aud represent larger territories. The large atlendnaoe has been very much due to the efforts of tbe Com mercial club committee which brought, tbe coat of living down to the minimum. Tbe results of the school have been beneficial. The teachers who availed themselves of its advantages will be able to raise tbe grade of their cer tificates whioh will give them better salaries and tbe people better school*. Pupils of high schools hava been per mitted to take review work which al lowed them to "make up" past de ficiencies. A general intareat also was created for more and better normal axtenafon work. It was a very oredttable 1 , won a very oreuivaoie — bool for its first year. It might not be amiss another year to select the i instructors from a wider range of j schools which would result in j more comprehensive ideas and methods. Another feature which wonld be very beneficial to the school, should be introduced another year. ! All tbe business responsibility should , be removed from the shoulders of j President Hlack. He bad doable j work to carry. Tbe teachers were cer will *„.! duced inasmuch as tbe Commercial i committee has taken steps to dub rent the tents and furniture, turning the proceeds into the cost of them. This will reduce tbe rents to a minimum. BRYAN PUTS WRECK IN DIARY Trudges Placidly Over Railway Ties After Derailment. Belvidem, III., Aug. 22. —W J Bryan was the occupant of one of the coaches 01 the Northwester,, train coaches of the Northwestern train which was ditched near here yester day. Mr. Bryan emerged blandly and made a memorandum in bis diary. "Fourth time a wreck occurr ed in my various journeys to speak at tbe Kockfurd Chautauqua.'' Mr. Bryan trudged with tbe ethers a couple of miles, then took the troll., here for Kockof.d. The wreck caused tbe bsggsge car to take an open switch. SLUGGER TIM JORDAN. Great heavy hitting first bag nun of the Brooklyn*. 1 HISTORIC L0L0 TRAIL Being- Widened and Improved by the Government. Hpokane, Wash., Aug. 22.—His torio Lolo trail, the highway over which the Ne* Perce warriors marob ed for general ion* every summer to fight the tribes in the region now forming the state of Montana and on which Lawis and Clark found the gateway to tbe Pacific northwaat a hundred years ago, end which in 1877 became the line of marob for General O. O. Howard in his pursuit of Chief Joseph's hostile tribesmen Into tbe Panhandle of Idaho, is be ing open**) to its orglnal width of .0 feet by tbe federal government. The work ia being done by tbe forest reserve department and will be com pleted next year, lbs distance from Greer to the Lolo pans is 111 miles, bat this will b e shortened by fully fifty miles when tbe Lolo trail Is opened, and It will be a great bene fit to the country aside from adding to the convenience of handling for eat reserve work. BRICK AND POTTERY PLANT Good Tract of Land Leased Near Hope. Hope, Ids In, Aug. 22.—W. A. McMurray of Denton has leased about 20 acres of laud, all composed of fine brick clay, to a party of ere men and they have formed a fu,tII P*oy, to be known as tbe Pend d' iClay Mining and Milling oom P B, »y. for a term of twenty J®* r *- They are making arrange m ® nt,, «n»k# brick and pottery of different kinds. ttiad overseer has been ordered 4 " signboards at tbe different c,0 ® s lngs of the couuty roads, dea ''Hblng the number of miles to the ,, ®® re *t towns, and also ordered to mow down ail obnoxious weeds along iP ub H<j road*. SND CAR STRIKE i Carmen to Return to Work as Individuals San Krauncisco, Aug. 22.— Tbe Evening Post says: "Tbe osr strike will be declared off by the general comn ' lu *® «'*<»> hours have passed. The ways and means .committee of the general strike com. ! mlttee has made arrangements with tbe representative# of the United | Railroads to call off the strike. The j "L" 1 "*. wil1 r, " ,lr,, tn work " divldusls. W«®*tion. relative to the union will not he asked. All differ 1 un,ou of th <" »»*"*« tn,dM! ° ouucil ' " lth th * ir '•«*»» slices pertaining to boars and wages will be arbitrated by the United hailroada and the platform men as agreed iu the submitted proposition "The declaring off of tbe oar strike by tbe general board will give tbe 35,000 union meu of tbe buildings tbe right to ride 00 tbe ears, despite any action that tbe carmeu's union may take. "With the support of the building trades council witbdarwn, it would be up to the hundred-mid unions, within the labor councils, to decide for themselves whether or not a buyout exists against the United Katliuads. Secretary Tuietmo of the building trades council and official press rep reseotatives of the general strike board, stated yesterday that tbe board has the power to declare off tbe car strike and would do so on s set date. President Richard Cor neliua of tbe carmen's union stated that whatever settlement may be ar rived at it will be heard by the carmen's union. Thus, while the general strike board will declare the strike off, the president of the car men's organization will maintain that the car strike is on. Confusion will thus result unless the carmeu's union abides by tbe decision of the gen eral strike board." J. E. O'Brien, manager of tbe Ho tel Idaho, left today for a fiehiag trip on tbe SL Joe river, ills sister has left for her Ban Francisco bom*.