Lewiston evening teller. [volume] (Lewiston, Idaho) 1903-1911, 1904-06-30
SOUTHERN IDAHO
Seeking the Yellow Gold


Seeking the yellow Gold
Nampa A company has been or
ganized and arrangements are now UNI
der way for the construction Of large
dredge, which will be operated in the
Snake river about twelve miles west of
Weiser. Snake river is known to be
very rich in gold, the various bars pros
pecting heavily, but the flneness has
been a bar to operations and it is only
by dredging that it can be worked sue
cessfully. The boat will be eighty feet
long and thirty feet wide; will be
equipped with a one hundred horse
power boiler with twenty horse-pow-
err engine and all the latest improved
machinery. 1t will handle 5000 yards
OF dirt in day at an expense Of $50
per day and will cost about s. 40. The
machinery has been ordered from
Portland and the boat will be built at
Weiser. 1t is intended to have it in
operation this season.
import Law Decision
HALEY: where notary public
explains to a married woman that the
instrument to which her name Is ap-
pended is a mortgage upon certain real
estate. and the nature and contents
thereof. and the property encountered
thereby, and she thereupon replies that
whatever her husband does or says is
all right with her and that he is good
man and she has confidence in him and
will do whatever he does: Held, that
such facts constitute a SUFFICIENT ac-
acknowledgement and Justify the notary
in attaching his certificate Of acknowl-
edgement in due form to such instru-
ment."
Such is a portion Of the syllabus of
an opinion filed by the supreme court
of HALEY. appellant. VS.. G. p. Glenn ct
al, wherein the Judgment of the dis
trict court Of Blaine county is reversed.
The opinion. which is lengthy. was
written by Justice Ailshie and con-
Cured in by Chief Justice Sullivan.
Justice Stockslager took no part in the
decision.
The action was brought by the bank
in 1895 for the foreclosure of real
Oliver s. Glenn and Emma Glenn. his
wife, and G. p. Glenn and Jennie Glenn
husband and wife. to secure payment
Of three promissory notes aggregating
$S.733, in favor of H. E. Miller. Miller
sold the notes to the bank prior to the
OF the action. G. p
Glenn and wife were residing upon that
portion Of the land upon which fore
closure was sought In 1889 G. p.
Glenn died intestate. his widow. Jennie
Glenn. and six children surviving him.
Payments had been made on the mort
gage from time to time and after
Glenn's death Miller presented his
claim for the amount due in principal
interest and taxes to the administra-
tor Of the estate and the claim was al
lowed. the administrator paying over
So O00 thereon. The action was dis
missed as to Oliver s. Glenn ana
Emma Glenn owing to their having no
interest in the land. The children of
G. p. Glenn contested the action. claim
ing their mother never signed the mort
gage. Usury was also alleged and 1t
was further claimed that inasmuch as
the administrator had made partial
payments on the mortgage. the mort
gage was debarred from maintaining
his action upon the contract.
Judge Perky. who tried the case In
the district court. found that the mort
gage was never executed by Jennie
Glenn and that the contract was usur-
ious. The action was dismissed with
costs against the plaintiff. 1t was de-
veloped in the trial that Jennie Glenn
who IL an Indian woman and speaks
English indifferently, did not fully
grasp all that was said to her. She
could not sign her name but made her
mark and the mark was not witnessed.
The notary. 1t seems. had explained the
contents Of the mortgage to her and she
replied in substance that whatever her
husband would do she would do, saying.
Gus Glenn he good man and what Gus
say and do say and do all right"
The court holds that although the
signature by mark Of Jennie Glenn was
not witnessed It constituted a compli-
ance with the statute governing such
point. 1t was also held that inasmuch
as the law at the time the mortgage
was executed permitted the rate Of in
contract was not tainted with usury.
Needed Cleaning
Weiser: Superintendent Morehead
of the water and lixht plant. emptied