davidaulloa/AmericanStories huggingface dataset:
Montpelier examiner. [volume] (Montpelier, Idaho) 1895-1937, 1897-06-16
AN IMPORTANT OPINION.
HANDED DOWN THURSDAY
Gnpon Interest Beartno
Rotes Ere Illegal in
GOabo.

mont Loan and Trust Company
versus Ross Hoffman and wife.
The case is from Nez Perce county
and is an action for foreclosure of
mortgage. The most important
point decided is that coupon notes
given for interest and bearing in
terest after maturity are in viola
tion Of the law prohibiting COM
pound interest and that i'll such
case there can be 10 recovery for
interest or costs.
The defendants borrowed $2800
f.om the plaintiff, giving cupon in
terest in addition to the notes for
the principal. They had paid 1864
of interest before the commence
ment Of the action Of foreclosure.
When suit was brought the defend
ants, in their answer, made the
defense that the plaintiff had never
taken out a license in the county
for the business Of loaning money.
Therefore the taking of the mort
gage and the making of the loan
were in violation of the law OF
Idaho and consequently void. A
demurrer to the answer was sus-
tanned and, the defendants declin-
ing to further plead, judgement
was rendered in favor of the com
pany. From this judgement the
appeal was taken.
The appellants relied mainly
upon the question of license, and
the supreme court devotes much
attention to it, finding that the
fact Of no license having been
taken out does not vitiate the
mortgage.
COMPOUND INTEREST.
But" says the court, "arother
serious question arises in this case
that will now be considered It
is that Of compound interest. Sec
tions 1868, 1855 and 1866, revised
statutes, are given in full. Section
1864 relates to contract rate of in
terest. Section 1865 provides:
compound interest is not allowed,
but debtor may agree In writing
to pay interest upon interest over
due at the date of such agreement.
Section 1865 provides that in
case Of usury, direct or indirect
the usurer shall forfeit 10 per cent
of the principle to the school fund
and shall not be permitted to re.
cover any interests or costs.
On the point raised the court
says in part:
"The coupon notes in question
we're usurious, providing as they
did, for interest upon interes
which was not overdue at the timt
they were made.
1T appears from the allegations
Of the complaint that the coupon
notes, Nos. 1 and 2 Of each of tn,
series, amounting in all, as W,
gather it from the complaint, t.
the sum of 1864, was paid by tn,
appellants before this action. wa
commenced. The respondent can
not be entitled under she statutes
supra, to Judgment for more thar
the principal sum loaned by it t,
the appellants, less said interes
payments, and without interest o
costs, to this extent only its mort
gage security is good.
The interest being forfeited
under the statu tes, supra, and tn,
principal debt not due by th'
terms Of the contract, no interes
being past due, and the principa
not yet due, the query suggests it
self. "Was not this suit prema
turely broughtY And an affirma
tive answer also suggests itself.
probably the appellants waiv'
such question if they fail to rails,
it.
eIt is the duty Of the trial court
Montpelier examiner. [volume] (Montpelier, Idaho) 1895-1937, 1897-06-16
MONTRELIER, IDAHO.

The Hunter House is being greatly
improved by its owner Ed. Burgoyne.
The kitchen has been moved around to
the west side and an annex two stories
high and thirty feet square will be
built on the north sideI Besides
spscious- sample Eeeaa-wi441f also be CON
structed. Throughout the house it has
been repapered and will also be painted
In fact when done this hotel will be one
of the best in Idaho in point of conyen-
ience.
This week we have to arrive, some
very pretty dress goods in patterns and
by the yard. These goods are late style
and il low prices will move them they
will not last long. Remember our mot
to, the most and best goods for the
money. Hammond & Whitman. II
Cards are out for the wedding Of the
popular young school teacher, Miss
Annie Lloyd, to Mr.. Alf Osmond,
The wedding with be -ee4ebrated June
18th and the reception will be held at
the residence of Mr.. and Mrs. J. A.
Hendrickson. The Wellsville band
will be in attendance upon the occasion.
Rumor has it that there is a strong
probability of another pending matri-
monial alliance will be celebrated at
the same time and place. e.-Logan
Journal.
The Co op W. & NJ. Co., have the
finest alfalfa seed, garden seeds and etc.
Call and see them. Z
A horrible accident occurred at Oxford
Monday in which the nine year old son
of Martin Boysen was dragged to death.
The boy had started ont early in the
morning to herd some cattle ebout four
miles from his home and was either
thrown or fell from his horse. His foot
caught in the stirrup and he must have
been dragged for quite a time. The
body was horribly mangled. The neck
was broken, one shoulder crushed, one
leg broken, and the whole body
kicked almost into a pulp -Pocatello
| Tribune
For Trans Mississippi Commercial
Congress, Salt Lake City, a, 15 and IL
one rate round trip from all points on
Short Line. Selling dates July 18th
Idaho. Limit for return 26th. Con.
tinuous passage each directions.
Montpelier examiner. [volume] (Montpelier, Idaho) 1895-1937, 1897-06-16

Charles w. Collins brakeman on
the Montana Central, was attacked by
tramps at Big Sandy and thrown under
the wheels of moving train, one of
bis arms being cut off. 1t was the work
Iof tramps driven ont Of Butte by vigi-
lantes, and other organizations of vigi-
lantes are being formed at Benton and
Great Falls as a protection against
toughs Virginia City has also organ
lied 0 branch, and the old-time vigi-
lante days of 1854 are rapidly being re-
viyed again.
You should see the fine display Of
hand made team Harness and Cowbo
Saddles at the Coop W. & M. Co. 2
Our city was treated to one Of the
grandest entertainments on Wednesday
evening of this week that has ever been
Witnessed by theiintelligent citizens of
this community. 1t was an exhibition
Of stirring and coming scenes by the
Bdis Spectacular Show company.
The scenes were as natural as life,
and all of them brought down the
house. Everybody was highly pleased
with the exhibition. The Scope" was
pleaser from start to finish Hum
phrey Herald Adults so cents child
rem 25 cents, seats on sale at Burgoyne
& Brennens.
You can make your final
proofs before r. s. Spence
IN MontpelieF and S0Ue the
trip to Paris 0Uer bad roads
Fees as JO1O as any.
Hildretb's Velvet candy the best mo
lasses candy on the market at Hansen e
Montpelier examiner. [volume] (Montpelier, Idaho) 1895-1937, 1897-06-16
q Rew Invention,

Butter making has now become easy
and profitable by the use of the Queen
Butter Maker" the only durable and
time saving churn that the finest talent
of the age has brought forth. 1t brings
butter in from two to FIVE minutes,
produces on an average of 10 per cent.
more butter than any other churn,
washes the butter perfectly, is easily
run and very durable. Every family
needs one: Cannot afford to be without
one. You may see the agent J. A. Hess
any day, SO save your money and buy
not a farm but a chuIn. I6
Montpelier examiner. [volume] (Montpelier, Idaho) 1895-1937, 1897-06-16
bOGHL NEWS.
Items about Montpelier
the County.

Mrs. Robertson gave a tea to her
friends Wednesday.
Baseball supplies of all kinds at Han.
seF's. 9
/Ed/Burgoyne and wife went to Salt
lake Thursday and returned Sunday.
Window shades, all colors, all sizes at
Hammond & Whitman. 10
seventy-eight homestead filings were
made at the Blaokfoot land Office in
May, covering over II, ITO acres says the
Blackfoot News.
Best 5-cent cigar in town, the FSn
tella at Hansen's.
Eight persons were found guilty ef
counterfeiting at Moscow last week,
and were sent to the United States
prison in Michigan
Baseball bats and base balls of all
kinds at Hammond & Whitman's. 8
The Silver Hammer Office was moved
to Rexburg yesterday and in a short
time Rexburg will again be represented
by a newspaper Anthony News.
The handsomest line of neckwear at
Hammond & Whitman's. These STYLES
are the very latest and dirt cheap in
price. 10
The fools are not all dead yet One
Of them borrowed newspaper the
other day and discovered an advertise
ment headed: How to make pants
last" He sent so cents for instructions
and in due time received the following
Make the coat and vest first. "-Ex
The finest, best and cheapest line Of
writing stationery in town. Just in.
Call and see it at Hansen's. o
The first general conference of the
Mormon church held outside Of Salt
Lake City convened near Hagertown
Maryland, May 31st, 1897, and com
prised delegates from churches east oi
the Mississippi river. It's object was t.
consider plans for the extension of mis-
siOnary work in the eastern states
Many kinds of bottled beer and whis
kies for tourist and camping parties car
be had at our store. Try some of oul
favorite brands. Ritter Bros. Drul
store. j.
1t is said child is born every min,
minutes in Greater New York, and
human being dies there every ten ant
half minutes. Death seems to be
little behind in the race; but it wins il
the long run. This death rate, though
includes lot of strangers and imported
people who did not come there to b.
born and balance the statistics.
We have big line of fine felt hats
boys sizes at dirt cheap prices. Ham
mond & Whitman's.
Ladies' will do well' to call at tn
spacious ware rooms of the Con. Imp
CO., and see their elegant line of Sur
reys, Phaetons, Top Buggies and @Ab,
Carriages. The finest in the land. Il
Montpelier examiner. [volume] (Montpelier, Idaho) 1895-1937, 1897-06-16
Tourist SIepers.

Commencing with train No. 2
leaving Ogden March 9th, a
through sleeper will be operated
between San Francisco and Chi
cago on that train. Effective same
date Portland to Council Bluffs,
tourist sleeper will operate be-
tween Portland and Green River
only, connection being made at
Green River by train from Port
land with San Francisco. Chicago
tourist sleeper en- train. II
Montpelier examiner. [volume] (Montpelier, Idaho) 1895-1937, 1897-06-16

1925. supra, are carried out and to
infiict the penalty therein pros
vided, without suggestion SO to do
from any source.
THE judgment is reversed and
the cause lemanded for further
proceedings consisted with this
opinion"
The opinion is by Justice Quaries,
Chief Justice Sullivan and Justics
Huston concutrirg.
Montpelier examiner. [volume] (Montpelier, Idaho) 1895-1937, 1897-06-16
NeotcaI Law Opinion.

SA|N0b(Ab @GNW VRktbtONs
Attorney General Mcfarland
has furnished the state medical
board an opinion interpreting the
provisions of the act of the last
session designating the classes to
whom the board shall issue certifi.
Gates,
The first question was whether
those are entitled to certificates
who have no diplomas but who
we're in practice in this state for
10 years prior to the passage Of the
act of 1887. The attorney general
finds that all are entitled to certif.
Gates who were legally engaged in
the practice Of medicine and sur
gerry within the state prior to the
passage" of the new law. He
quotes the law of 1887 and thc
amendatorY act of 1889 and says:
"The question arises, Who were
legally engaged in the actual prac.
tice of medicine and surgery with.
in the state, prior tc the passage
of this act, under the provisions Of
the medical act Of 1897 In my
opinion, they were:
"First, persons who had practie-
ed medicine and surgery in the
territory of IdaLo for a period of
ten years next preceding the
seventh day of February, 1889, the
date of the approval of the act
amending section 6, chapter Is,
title 7 of the revised statutes.
Second, those who had prior TO
the seventh day of February, 1883,
filed for record with the county
recorder of their respective counties
copies Of their diplomas and At the
same time exhibited the original
or certificate fir IN the dean of the
medical school from which they
graduated, certifying to their grad
uation, and who also at the time
of filing said papers filed the affi-
davit required by section 8 Of said
chapter. / am of the opinion that
such persons are entitled to licenses
without undergoing an examina.
ton, unless they are guilty Of un-
professional conduct, or conduct
of an immoral or dishonorable
nature, as specified in the latter
part of section 7 of the recent act,
and defined by section s, Of said
act.'
The requirement of the act of
the recent session, that applicants
for license shall be citizens of the
United States docs not apply to
one who was legally engaged in the
actual practice of medicine and
surgery within the state prior to
the passage of said act [the new
law1, under the provisions of the
medical act of 1887"
A person who was entitled to
practice under the act of 1887 is
not entitled to a license without
examination if he removed from
the state prior to March II, 1897.
A person who has filed his di-
ploma and certificate as required
by the act of 1897, is entitled 10 a
license "whether he ever resided or
opened an office in this state or
net"
An applicant for license does
not have to be a resident of the
state, excepting in a case where
the applicant claims to be entitled
to license solely on the ground
that he had practiced medicine or
surgery within this state for .
period Of 10 years next preceding
the 7th day of February, 1889"
Montpelier examiner. [volume] (Montpelier, Idaho) 1895-1937, 1897-06-16
Call For BIOS,

We want bids on stacking hay,
on ground where same is cut, for
about 200 tons, wild hay. Apply
to Jones & Son. Montpelier,
Idaho. l4tf
Montpelier examiner. [volume] (Montpelier, Idaho) 1895-1937, 1897-06-16
Contract 70 let.

For hauling about 400 tons of
hay. Tools furnished. Apply to
Walt Lewis for particulars, Ben
nington. 15
Birmingham state herald. (Birmingham, Ala.) 1895-1897, 1897-03-25
GUNTERSVILLE.
The Tennessee River Gradually Reed
ing-A Newspaper Ceases
to Exist.

Guntersville, March 23.-(Special Core
spondence) 1.-THE old Tennessee river
holds her high mark pretty WE'LL having
fallen about one and a half feet.
Farmers are getting restless, but lit
tie work having been done up to this time
on account of wet weather. The dispo-
sition seems to be to plant more ground
and raise less stuff.
The Albertville Journal plant was sold
last Saturday 10 @. II. Allen, of the
Sumter sun, by Solicitor Winston. rms
leaves the Gem City without paper or
prospect of one.
The little negro that was shot with
an accidental shot from a pistol that
wasn't loaded disd yesterday. The boy
that did the shooting is grief stricken
and paying all the expenses of the doc
tor and burial.
Our merchants are getting in their new
spring goods. They are smiling. and
say prosperity is beginning to bud with
the spring flowers. But we fear he will
be nipped in the bud by the frost OF mis-
placed confidence and discoatent
The passengers on the transfer from
here to Hobbs Island have a delightful
ride now while the waters are UP. 1t
is grand and inspiring. They take a
ferry boat and go a quarter of a mile to
a steamer tied out in the river. thence
down the river like a huge monster puff
ing and blowing.
The English sparrows are thick here.
They believe spring is on hand.
Birmingham state herald. (Birmingham, Ala.) 1895-1897, 1897-03-25
SOUTHERN PROGRESS.

Tho New Industries Reported In the
South In a Week by the Tradesman
Chattanooga, Tenn, March 22.-Busi-
ness conditions in the south continue IA
vorable, and though the volume of trade
does not altogether equal expecta ions.
the Tradesman's southern correspondents
report all indica tions encouraging for
improvement as the season advances.
The iron and steel market continues firm.
The demand for lumber is increasing, and
the textile industry shows renewed activ-
ity.
Among the most important new indus
tries for the week the Tradesman re-
ports the following: A cotton compress
,at Vicksburg, Miss; electric ligh. plants
at Grenada, Miss. and Memphis, Tenn
a $4,000 Touring mill al Augusta, Ga
a foundry and machine shop at Column
bus, Ga; the Prairie Creek Canal and
Mining company. capital $4,000, Hunt
ington, Ark. the Miller supply company,
capital $4,000, Charleston. w. Va; the
Waco Artesian Well company. capital
100000, Waco, Tex; $50, 600 lumber mill
at Charleston, w. Va; and other wood
working plants at Roanoke Rapids, N.
c.; HCpson, Tenn, and Hardenburg, Va.
Birmingham state herald. (Birmingham, Ala.) 1895-1897, 1897-03-25
Attention To tic Fcet.

1t is utterly impossible to get well or
keep we'll unless the fees are kept dry and
warm all the time. II they are for the
most part cold, there is cough, or sore
throat, or hoarscness, CT sick headache or
some other annoyance.
If cold ard dry, the feet should be soaked
in hot water fer ten minutes every night,
and when wiped and dried rub into them
we'll 10 or 10 drops Of sweet oil. Do this
patiently with the hands, rubbing the oil
into the solos Of the feet particularly. On
getting up in the morning dip both feet at
once into water as Geld as the air in the
room, half ankle deep, fer minute in
summer, half u minute or less in winter,
rubbing one foot with the other then wipo
dry, and if convenient hold them TO the
fire, rubbing them with the hands until
perfectly dry and warm in every Part. II
the feet are damp and cold, attend only to
the morning Tashings, but always at night
remove the stockings ard hold the feet to
the fire, rubbing them with the hands for
10 minutes, and get Immediately into bed.
Under any circumstances, as often az
the feet are cold enough to attract atten-
ton, draw off the stockings ard hold them
TO the fire. Ii the feet are much inclined to
dampness, put on pair Of dry stockings.
Some persons feet ares moro comfortable
even in winter in cotton, others in wooden
stockings. Each must be guided by his
own feelings. Sometimes two pairs of thin
stockings keep che feet warmer than one
pair which is thicker than both. The thin
pair may be of the same or of different
materials, ard that which is best next the
feet should be determined by the feelings
of the person.
Persons who walk a great deal during
the day should en- coming home for the
night remove their shoes and stockings,
hold the feet TO tho fro until perfectly dry
put on dry pair of stockings and wear
different shoes for the remainder of the
evening. To change to slippers is danger
GUS, as one is likely to catch cold.-New
York Ledger.
Birmingham state herald. (Birmingham, Ala.) 1895-1897, 1897-03-25

There Is a mouse in Florida locally
known as the trading rnoUsc. 1t is com
monty a woods Inousc, but it quickly
adapts itself to human habitation. A col
ony of'such iAice carried two bushels OF
shelled beans so feet during six nights re-
Gently and replaced the Leans with seed
PODS Of q weed. Jewolry, too, has been
taken by these little traders One woman
on the cast coast Of Florida at an Indian
river winter resort found a number OF
seeds instead Of pair of earrings that she
had left ON the bureau. a search in the
place where the seeds had been kept dis
closed the earrings.
A man who had a box of poker chips in
his room in an open top box was surprised
to find in their stead string of prayer
beads, small crucilx and number Of
shells. He started an investigation ilnlrc-
diately. a priest who had roomcd near by
was equally puzzled by finding the colored
poker chips IN his room.
1t is generally believed that the trading
mouse learns its curious ways by robbing
squirrels on blue jays CT nuts laid by for
future use.--New York Sun.
Birmingham state herald. (Birmingham, Ala.) 1895-1897, 1897-03-25
EQUALITY
The Old Rain -Adage Verifed-Indica-
tions Point TO a Late Crop
Planting.

Equality. March 22.-(Special Corre-
spondence. 1.-The old adage, When 1t
rains 1t pours." is now verified. 1t now
pours every few days. There have not
been exceeding six days Of good plough
ing weather in a month. Very little corn
is planted, and but little prepared land
to plant. But little fertilizers have been
put out, and l don't suppose there is
row ready to plant. hence the crop is
bound 70 be late in being ready to plant.
Cotton Is thing that makes very rap
idly under favorable circumstances, hence
we can't judge yet as to the outcome.
We had the pleasure Of meeting the
governor, commissioner Of agriculture
nd superintendent. of public schools, and
believe we will have a good administra-
ton of public affairs. The governor has
had such a wide experience in pubic
business that 1t Is believed he will be able
to save good money for the safe. No
politics. We expect to have big fight
next year over county offices.
Birmingham state herald. (Birmingham, Ala.) 1895-1897, 1897-03-25
MlLLPOR[
Fifty Per Cent. More Fertilizer Sold
Here Than In Any Previous Year.
Personal.

Millport, March 23.--(Special Core
spondence) -Mr Edgar Anderson, son
of r.. A. Anderson, presiding elder and
president of the district school at Fayett,
with his wife, has returned home, after
spending several days with his wifes
parents at A1illport,
Millport has sold so per cent. more fer
tilizer this season than last, and the av-
eraga increase for north Pickens and
south Lamar over last year will be %
per cent. Not more than 10 per cent Will
be used under corn. There will be no
decrease in the acreage of cotton.
F. X. Hewlett, who occupies the Meth
odist pulpit in Millport. is doing a good
work. His sermons are logical and dis
play original thought, and his uniform
courtesy and benevolent disposition are
making him friends of all classes.
Birmingham state herald. (Birmingham, Ala.) 1895-1897, 1897-03-25
Trustees Sale Of Valuable
- Real Estate.

- by virtue of a decree of the honorable
chAncery court for Montgomery county, will
offer for sale on Saturday the 9th day
of March, 1887, at the usual place of holding
PHRne sales IN the city Of ~ the
to the trust estate of Moses Bros. Terms
one-third cash. balance in one and two
years with interest.
SCHEDULE 10. J.
All Of section II Except NV y of sw ~.
e y of SO Y and sw Z of Sc 4 of section Is,
township r. range 3 west also ma of ne u
of sw 4 Of ne 4 and Y of Sc u and sw Y
of Sc u and e Y of sw z and NV u of sw
Il of section %, township u, range west;
y and Y of sw y and NV u Of NV Y %
section "a, township IL, range west and all
of section z. township T. range west: ali
of section 80, township ~ range west, less
NV II of NV " of the same. containing in
all about $500 acres located in Blount
county, Ala. ]. C. CHENEY,
Trustee Estate Moses Bros
3-25-till-27th
Birmingham state herald. (Birmingham, Ala.) 1895-1897, 1897-03-25
ASHVlLLE.
Rain Has Ceased and Farmers Are Pre-
pairing for Work-An Elk
cellent Minister.

Ashville, Ala, March 29.-(Special Cor
respondence.)- 1.-THE rains having ceased
our farmers are looking brighter and
cheerful, and are busily engaged prepar-
ing for this years crop.
Miss Fife Butte is now at home with
her parents in Ashville. Her father,
DR. Butte, is pastor of the Methodist
church at this place. This is his first
year in Ashville. but he has already won
the hearts of our people and established a
fine reputation as ripe scholar and pull
pit orator His weekly prayer meetings
are largely attended by the members Of
all churches and are accomplishing great
good.
VIM. H Gather, former editor of the
Alfalfa Herald, Alfalfa, Ala, has en-
tered the law practice and opened up his
Office in Ashville, his old home.
Birmingham state herald. (Birmingham, Ala.) 1895-1897, 1897-03-25
HOTEL ARRIVALS.

Following. are arrivals at the Florence:
H. e. Park, New York; P. t. Brown. New
York; John B. Simmons and son, Ottum-
wa, Ia; E. ID. Mansfield city; F. w.
Paige. Chicago; ]. d. Mulhiron, Cincin-
natl; e. W. Long, Nashville; Fred Quayle,
New York; A. M. Tucker, Brookville,
Ind; e. M.'Foris, M. Hendroux. Bloom
ington, Ind. S. S. CralIe, Louisville, Ky;
Mrs. Yerger. Mobile, Ala; G. w. Sim
monds. New Orleans; A. J, Dale. Virginia
M. V. Crurhpler. Chattanooga; W. d.
Vasser. Atlanta; ALI Truitt, Admission; B.
tMcDade. Mobile: J. S. Mcdonald, Green's
boro. Miss; Meigs BaHie, Pratt City;
Nv. NJ. Warren. Chattanooga: c. b. Tur-
ner, Tuscumbia; f. NJ, Chapman, with
Joe Jefferson; t. R. Pratt, Midway, Ala.
Alex II BOD, Midway, Ala.