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The Coeur d'Alene press. (Coeur d'Alene, Idaho) 1906-1907, August 22, 1907, Image 1

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Persistent link: https://chroniclingamerica.loc.gov/lccn/sn88056096/1907-08-22/ed-1/seq-1/

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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)
Member of royalty, in command !
of a Swedish war vessel at the j
Jamestown exposition.
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
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.
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
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
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!
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
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.
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
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
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
rent the tents and furniture, turning
the proceeds into the cost of them.
This will reduce tbe rents to a
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.
Great heavy hitting first bag
nun of the Brooklyn*.
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.
Good Tract of Land Leased Near
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*.
Carmen to Return to Work as
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*.

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