davidaulloa/AmericanStories huggingface dataset:
Montpelier examiner. [volume] (Montpelier, Idaho) 1895-1937, 1904-01-01
Supreme Court Decides
that Title IS Defec-
tive.

The supreme court has held the
state depository act unconstitutional
It finds the title of the act INSULT
cient under section is, article 8, Of
the constitution, which provides
that "every act shall embrace but
one subject and matters properly
connected Herewith, which subject
shall be embraced in the title"
The title of the act is ''An act to
provide for the care and keeping of
moneys in the custody of the treas
urer of the state of Idaho, and pre-
scri:ing penalties. The court
finds this does not cover such pro.
visions of the act as that creating a
board of deposits, that providing
for the designation of state deposl-
tories, etc. No other point is de-
cided.
This was case In which the su-
preme court was asked to issue a
writ of mandate to III. n. Coffin,
state treasurer, commanding him to
comply with an order of the board
Of deposits, created by the act,
directing him to deposit $1,000 with
the Boise City National bank, which
had been designated as depository.
The opinion is by the court It
recites the facts of the case and the
reasons advanced by the defendant
why the writ should not issue. 1t
then takes up the question of sniff
cheney of the title, setting forth the
act in full.
Continuing, the opinion says:
An analysis of the act as above
set out Will disclose that the several
sections thereof provide in substance
as follows:
Section / provides for the crea-
tlon of a board to be called the
aboard of deposits.
Section 9 authorizes or creates all
institution to be known as estate
depositq "
Sections 8, and prescribe the
character, conditions and provisions
of bonds or other security to be
given by such repositories as con
ditlon precedent to receiving public
moneys deposited; and prescribe the
powers and duties of the board in
examining INTO financial condition.
of such banks and institutions az
apply to be designated as such de-
posltorles.
Section 6 authorizes the establish
ing of a rate of interest by the board
Montpelier examiner. [volume] (Montpelier, Idaho) 1895-1937, 1904-01-01

NloW. We HSNo HO tuouUt dU3ut
what the ruleIls, but its q liea,i,
is what gives us the greatest cvn
cern.
Under our form Of government
every citizen has right to be heard
upon any and all questions of pro
posed legislation. The right Of
petition ;s recognized and is often-
found to be one of the greatest safe
guards against the passage of unwise
legislation as we'll as means of
securing beneficial laws.
With the foregoing principles in
view, let us consider the title 10 the
act in question. 1t IS clear to our
minds that the fundamental purpose
and object Of the act before US was
to secure interest upon the public
funds and provide for the use OF
those fundsby whicn institutions as
might be designated BY the board of
deposits as state repositories. All
other legislation found within The
act Is simply the instrumentalities
for the carrying into effectrand
operation the main purpose OF the
bill, Q The creation Of the board,
the designation of repositories, the
taking of security, the examination
of financial condition of the derosi-
tories, the making of statements bv
such repositories and other similar
provisions Of the act were simply
means Of carrying into effect the
real purpose and object of the act.
The public funds under the provi-
sion of this act are to be deposited
without and beyond the personal
reach and control OF the state
treasures. The Legislature recognize
ing and appreciating that fact took
the prccaution to provide IN section
IL that any funds lost while in such
repositories and beyond the lmmed.
late possession of the treasurer.
without his fault, should incur no
liability on the treasurer. In clos
ing that section they undertook to
do something which we think is
beyond legislative control or dis
cretion when they state that moneys
out of the state treasury and "de.
posted IN such repositories shall be
deemed to be III the state treasury.
We do not think the Legislature can
reverse the meaning of the English
language and say that .out', means
'sin." The title says that the act
is Ito provide for the care and
keeping Of the money ont of the
custody OF the treasurer but the
act itself provides for the care and
keeping OF the money out of the
custody Of the state treasurer. 1t
is true the legislature, approaching
the difference between the title and
the act, said that the money out of
his hande should be sdeemed'' to
/ he in his hands
Montpelier examiner. [volume] (Montpelier, Idaho) 1895-1937, 1904-01-01
STATE DEPOSIT LAW
IS KNOCKED OUT.


such moneys by said repositories
and prescribes the maxium sum of
money which can be deposited with
any one banking institution.
Section Z directs the apportioning
of the public funds amont two or
more banks applying for such
moneys.
The eighth section provides for
monthly and quarterly statements by
repositories al amount of money on
deposit together with accrued inter-
est thereon at the close of business
on each day of the month.
Section 8 prescribes the manner
of making offers to pay interest on
the public funds and imposes secrecy
on the board as to the character of
the bid, the person bidding and the
rate of interest offered until after
the designation of the depository or
repositories is made, and for the
making public of the names and To-
cations of the repositories d designat-
ed and rate of interest to be paid by
each after such designation.
Section 10 directs the board OF
trustees of the capitol building,
which consists of the governor, Sec
retary of state and treasurer, TO pro-
vide fire and burglar proof vault
and safe for the use of the state
treasurer and appropriates the sum
of seven thousand five hundred dol
lars for such purpose and directs the
state treasurer to keep the moneys
IN his hands not deposited under the
provisions Of the act IN such safe
and yanlt, and provides heavy pen
alties for failure SO to do.
Section IL provides that upon
notice from the board of the amount
awarded to any depository and the
name and location Of such depository
and that such depository has com
piled with the requirements of the
law, the treasurer shall thereupon
deposit In such bank the amount
authorized by the order of the
board-and it will be observed that
this section closes by saying: "All
sums go deposited IN such deposit
ories shall be deemed to be IN the
state treasury, and such treasurer
shall not be liable for any loss of
such deposits or any part or portion
thereof resulting from the failure or
default of any such depository not
resulting from the fault or neglect
of the treasurer or his snbordinates. .
Section IL provides that as funds
shall be required from time to time
to meet the demands upon the treas
urY, that the treasurer :'shall draw
upon said depository or repositories
Montpelier examiner. [volume] (Montpelier, Idaho) 1895-1937, 1904-01-01

oh"iA OO N> olSS u"OCu w NhC uV1IO III
deposits" It's there furaher pro.
vIded that banking institutions Of
the state shall have preference in
designating as state repositories;
but that in case all the funds are not
applied for by the banks of this
state, that the same riav be deposit
ed in any bank either in New York
or Chicago having q capital of one
millions dollars, and that such IN
stitution shall not be required to
give any bond or security whatever
for the use OF such funds.
This court approaches the consid-
Grafton of the question here present
ed impressed with the spirit of in
depreciation announced as being
applicable In the consideration of
like question in case of Pioneer Irrl-
CATION District VS.. Bradbury, 6S
Pac. (Idaho) 295. There this court
in discussing the sufficiency of the
title of an act when tested by the
provisions of section l6, article 3 Of
the constitution announced the fol
lowing principle in the syllabus to
the case: "The objection should be
grave, and the conflict between the
constitution and statute palpablc,
before the Judiciary should hold a
Legislative enactment unconstitution-
al upon the sole ground that it en-
braces more than one subject. How
ever numerous the provisions Of an
act may be if they can be, by fair
intendment, considered as falling
within the subject matter legislated
upon iii such act, or necessary as
ends and means to the attainment of
such subject, the act will not be in
conflict with said constitutional pro
vision.o
Section I6 of article of the state
constitution provides that "Every
act shall embrace but one subject
and matters properly connected
Herewith, which subject shall be
expressed in the title" This pro-
vision is lndentical with that found
in the. constitutions of most of the
states Of the Union, and an examina-
ton Of the authorities will at once
disclose the fact that the principles
to be applied IN determining whether
or not title sufficiently contains
the subject of the bill, as contem-
plated in this constitutional pro-
vision, have been repeatedly dis
Gussed and announced by the courts.
The courts seem to have uniformly
endeavored TO fully apply aniform
principle of Interpretation and con
struction, and it may be said that
there is no diversity of authority on
that question. The difficulty has
arisen in all the courts, as it does
here, of applying that principle to
tho fifIn naod In MN 10 nnA,n,.ln. In
Arizona silver belt., 1904-01-21
THE INNINGS OF
 COPPER C0NVeRTERS

The liningS of copper conyerterS is one of the most important matters in converter practice. During the pro cess of blowing up" the copper in the converter the ferrous oxide, which forms during the combustion of the matte, robs the lining of the converter of the Sili;a it contains to form slag. As the lining is destroyed during the converting process it has to be ire quently renewed.
 The material from which converter linings is made Is quartz and clay the latter acting merely as cemenCing medium to hold the grains of quartz together aS it must stand the force of the blast and the surging of the molten , metal. The quartz must be pure silica, but experience has demonstrated that white barren quartz Is preferable to siliciOuS ores No quartz containing less than 9S percent silica is satisfac- tory. Many experiments have been AAittAtN Ol liAN NAcN w AiAtsltf ~ANAhN " determine which was the best for uBe in c0nverterS, and it has been found that the quartz rock crushed in rolls 50 that it will pass inch punched trummel is satisfactory the coarse and line being mixed together. Lin lngS made of this sort of material have been found more enduring than thuSe Of material screened to a uniform size either coarser or finer. Almost any clay of plastic nature is considered sufficiently good for the purpose of Innings, fine clay not being absolutely essential.
 Quartz and clay are dumped in large bins, the clay having been run through a Chile mill a.d the quartz through breakers and rolls. Two mixtures are used. The lower sections of the con verter are tamped with mixture of two shovels Of clay t0 ten or twelve shuyels of quarts, mixed rather dry. | The upper portion is lined with a softer mixture, consisting of old crushed | linings, tO each ten or twelve shovels of which are added two shovels ofclay. The Things are rammed in with heated
 bars. It requires much experience aud skill to properly line converter so it will give the best and most last
 ing results. Mining aud Scientific
 Press.
Arizona silver belt., 1904-01-21
Just One ninute

One Minute Cough Cure gives relief in one minute, because 1t kills the mi crobe which uckles the mucous mem brnne causing the cough, and at the same time clears thlegm, draws ont the inflammation and heals and soothes the affected parts. One Minute Cough cure strengthens the lungs, wards oa pneu' monia and is harmless and never fail Ing cure in all curable cases of Coughs, Colds and Group. One Minute Cough Cure is pleasant to take, harmless and good alike for young and old. Sold by Globe Drug Store.
Arizona silver belt., 1904-01-21
M, & P. < s, R, Y, Railroad
PHOENIX SHORT LINE.


 Train stops on signal.
 Pacific standard time
 Train No. connects with $. P. train Ne westbound, leaving Maricopa at 9I3 D. In. and with Sunset bimltc a- eastbound, passing Maricopa 7:30 p. m. Tuesdsys, Thursday and Saturdays,
 Train No. 2 connects with s. P. No eastbound, leaving Naricopa at 3:52 8. m,,Au waits for Sunset Limited, westbound, passing Maricopa 7.3O a. m. Mondays, Wedusslsv. and Saturdays when advised of pssseugers, Connection made at Phoenix with \, Y. r. R. R. for Prescott. NJ. 0. BlCKNEBL, Gen Y. and F. Agent General offcesat Phoenix. Arizona.
Arizona silver belt., 1904-01-21
What's in a Name ?

Everything is in the name when it comes to Witch Hazel Salye. E. C.. Dewitt x Co., of Chicago discovered some years ago how to make salve from Witch Hazel that is a specific for Piles. For blind, bleeding, itching and protruding Piles, eczema, cuts, burns, bruises and all skin diseases DeWitt's Salve has no equal. This has given rise to numerous worthless commercials. Ask for DeWitts- the genuine, Sold by Glove Drug Store.
Arizona silver belt., 1904-01-21
Arizona & New Mexico By,
Passenger trains: mountain time.

Passenger trains; mountain time. Train leaves Clifton daily at 500 A m; ar rives Lordsburg l2.05 D m. No. leaves Clifton daily at ? p m; arrives Lordsburg 6.l5 ? 'H. No leaves Lordsburg at ui; arrives Clifton ll.30 m.
 No. leaves Lordsburg at 3 m; arrives Clifton 705 m.
 Distance from Clifton to Lorisburg miles.
 PASSENGER RATES. Clifton to:-North Siding 30c; South Sid ing; 40c; Guthrie, 70c; Coronado, Soc; Shelden, SI. A: Duncan, Sl.95, Thomson, s2 2.45; Sum. nit, s. 10; Veitch SS.G0; Lordsburs, Children under 10, half price. Excess gage lc per 100 pounds per mile. ljO baggage carried free with each full ticket; z! lbs free with each half ticket Passengers from ticket stations paying on trains will be charged 25c extra.
 JAS. CoLQUHoUN Prest
 Fl. J. SIMMONS, Supt.
Arizona silver belt., 1904-01-21
Cured After Suffering Ten Years

B. F Hare, superintendent Miami Cycle A Manufacturing company, Mid. dletown, Ohio, suffered for ten years with dyspepsia. He spent hundreds of dollars for medicine and with doctors without receiving any permanent bene- fit He says, "One night while feeling exceptionally bad was about to throw down the evening paper when l saw an item in the paper regarding the merits of kodol Dyspepsia Cure. l concluded to try it, and while l had no faith in it l felt better after the second dose. Af- ter using two bottles am stronger and and better than I have been in years, and l recommend Kodol Dyspepsia Cure to my friends and acquaintances suffering from stomach trouble" Sold by Globe Drug Store.
Arizona silver belt., 1904-01-21
A Vest Pocket Doctor

Never ID the way, no trouble to carry, easy to take, pleasant and never failing in results are DeWitt's Little early Rls CTS. A yMl of these little pills in the vest pocket Is certain guarantee against headache, biiousuess, torpid liver and all of the ills resulting from constipation. They tonic and strength eu the liver. Sold by Globe Drug Store
Arizona silver belt., 1904-01-21
SOUTHERN PACIFIC
Double Daily Train Service Between San Francisco and New Orleans.

Commencing November 18th, double daily train SC vice will be inaugurated between San Francisco and New Orleans, on following schedules
 EAST BOUND No. Io-SUNSET LIMITED, Over Coast Di- vision.
 Leave Sen Francisco D. u .: Bowie l.4 m.. arriving at New Orleans 6:i5 m. This train carries diner. observation, pertinent and drawing-room >leepers through to New York, Chicago and New Orleans also tourist sleepers to Washington. Cincinnati, Chicago Memphis St Paul, St. Louis etc No. CRESCENT CITY EXPRESS, Bakers field Route.
 Leaves San Francisco a. m.; Bowie 5:27 a. m, and arrives at New Ouerns s:35 a. m. This train carries drawing room sleeper to New Orleans also tourist cars to St. Louis st. Paul and Chicago.
 WEST BOUND No. o-sUNsET LI1ITEP, Bakersfield Route Leaves New Orleans II:i5 a. m.: Bow Ie. ii:2t a. m; arriving at San Francisco s:25 a. m., with four hours and forty minutes layOyer in Los Angeles.
 This train carries same equipment as No 10. No. 7-PACIFIc EXPRESS, Coast Division. Leaves New Orleans p. m. Bowie, s:27 p. m: arrives at San Francisco ll;i5 q. m. ThiS train carries same equipment as No. and in addition diner and chair car Los Ange les to San Francisco. Trains 9 and 10 Carry Free Reclin 70
 Chair Cars. For further information call on or addr
 C. Nj. BURkHALTER
 n. F. & r. A.. Tucson
 J. T. CLAYTON
 Agent Bowie r. II. GOODMAN, G. r. A.. san Francisco
Arizona silver belt., 1904-01-21

All regular trains are classified on the time table with regard to their priority of right to the track, trains of the first class being su. perior to those of the second and all succeed ing classes.
 All sOuthbound trains have absolute right of track over all northbound trains of tho same or inferior class.
 Trains Nos. II and l2 make connections a Bowie with Southern Pacific trains l9 and % for all points East and West, and with stage lines at Globe to Payson, Upper Salt River Valley, Tonto Basin, Riverside and the Ray Black Warrior mines.
 Telegraph stations s. Flag station agent, I.
 All trains carry passengers.
 WN. GARLAND, President. A. NJ BEAL. Superintendent.
Arizona silver belt., 1904-01-21

Chicago appears to have found the surest way to prevent theater horrors keep the theaterS shut up.
Arizona silver belt., 1904-01-21

Commencing November 18th, double daily train SC vice will be inaugurated between San Francisco and New Orleans on following schedules
Arizona silver belt., 1904-01-21

W. G. < C. P. WINGFIELD, Props,
Arizona silver belt., 1904-01-21

If you want fine job printing go to the SILVER BELT office, who uses the very best stock and does only iirSt- class work, Prices reasonable.
Arizona silver belt., 1904-01-21

Senator Hoar has not yet gratified public curiosity by stating whether he is satisfied with President Roosevelt $ Panama explanation or not.
Arizona silver belt., 1904-01-21
Arizona & Southeastern B R

+flag stations, stop on signal. The com pany reserves the right to vary from this schedule at pleasure. R. F.. MORGAN, WALTER DOUGLAS, Supt,
 Manager
The progressive farmer and the cotton plant., 1904-12-20

lures combined can find such an or
~ganization in the Farmers Alliance,
which I commend to the progressive,
thinking farmers of the State. No
organization has done more to uplift
the farmers of the State than the
Alliance has. It's good works can be
seen in the improved school-houses
all over the State in the longer terms
of the public schools; in the Normal
College at Greensboro; in the A. &
M. College at Raleigh, and in a num-
Der of other places. It's purpose,
and only purpose, to-day is to benefit
and uplift the farmers of the State
until they shall be the equal financial
Iy, socially and educationally of any
other class of our citizens. Its OBJ
jects are noble and worthy and should
receive the endorsement Of all right
thinking people.
One other word in regard to the
cotton farmers association: The as
ISOLATION will be judged largely by
the men who are elected as its Of
GERS, therefore be careful and select
only the best men as leaders. Fail
ure to do this will invite disaster.
Let common-sense and good judg-
ment be exercised at all times and in
all deliberations of the association.
T. B. PARKER.
Raleigh, N. O., Dec. II, 1904.
The progressive farmer and the cotton plant., 1904-12-20

l take this opportunity of thank
ing for the very readable paper you
are making The Farmer, and the
interest your contributors are put
ting forth to make it the paper
every live, wide-awake farmer should
read. The farmer needs to be better
posted, and your valuable PAPER is
filling that want. We are very much
interested in DR.. Burkett's talks on
farming and feeding stock. I be-
lleve that farming and s~tock-raisine
go hand in hand.-N. A. Gates, Or
ange Co., N. G.
The progressive farmer and the cotton plant., 1904-12-20
North Carolina Farmers Institutes.

Farmers Institutes will be held
by representatives of the North
Carolina Department of Agriculture
at the following times and places:
Warrenton, Monday, January 8,
1905.
Jackson, Tuesday, January 10,
1905.
Halifax, Wednesday, January II,
1905.
Kinston, Thursday, January 70,
1905.
Greenville, Friday, January Il,
1905.
Tarboro, Saturday, January IA,
1905.
Washington, Monday, January 16,
1905.
Roper, Tuesday, January II, 1905.
WILLIAMSON, Wednesday, January
IS, 1905.
Currituck, Friday, January 20,
1905.
Camden, Saturday, January 81,
1905.
Elizabeth City, Monday, January
%, 1905.
Hartford, Tuesday, January "a,
1905.
Edenton, Wednesday, January Is.
1905.
Gainesville, Thursday, January 26,
1905.
Winton, Friday, January ~, 1905.
Windsor, Saturday, January %,
1905.
The progressive farmer and the cotton plant., 1904-12-20

such person shall first try to borrow
money on his cotton as provided for
by the association, and if he fails
in this he shall report his needs to
the executive committee of his town
ship who shall try to procure the nee
essary loan for him. IF this commit
tee fail to secure the money needed,
he may sell his cotton without in
any way violating his obligation or
standing in the Association"
The county meeting will be held
on Saturday, January 7, 1905, for the
purpose of effecting a permanent
county organization. The county as
ISOLATION shall be composed of it's
regular officers and five delegates
from each township. Officers need
not necessarily be chosen from the
delegates elect, but should be selected
from the best men in the county,
we'll qualified to fill the positions to
which they are elected.
The officers of the county associa-
ton shall be a chairman or president,
secretary and an executive commit
tee of one from each organized
township in the county. [ suggest
that the township chairman or presi-
dent be made the executive commit
tee-man from his township. At the
county meeting elect five delegates
to attend the State meeting to be
held in Raleigh January 18th. An
Interstate meeting will probably be
held in New Orleans about January
Oath. Definite announcement as to
that meeting will be made later.
These suggestions are made on the
assumption that all the cotton-grow-
ing States will take similar action
to that of ours, and are to be in
force only until regular rules for the
government of the association shall
be adopted at the State or Inter
State meeting.
[ have omitted saying anything
about fees or dues because I think
it best to not have any connected
with this association. It is intended
to have the meetings open and free
as possible so as to have the hearty
cooperation of every cotton grower
in the land. This is to be purely a
business association and with this
idea in view I have tried to eliminate
every feature that might prevent any
one from attending its meetings. If
money is needed to meet any ex-
penses (and there will be expenses to
meet) let a collection be taken and
each person can contribute as he feels
inclined. Those who receive most
benefits can afford to contribute
most literally. However, any person
can contribute or not as is his pleas
ure. and still feel free to be a mem
Der of the association and participate
in its meetings.
These meetings have not been call
ed under the auspices of the Farmers
Alliance nor anu o4lo- c