davidaulloa/AmericanStories huggingface dataset:
The Lewiston teller. (Lewiston, Idaho) 1900-1905, 1905-03-28
0LD kOOTENAI COUNTY STILL LIVES
so DECIDES SUPREME COURT
Mandamus is Quashed Justice Ailshie Renders
Lengthy Opinion Concurred by Justice Sui.
livan. Chief Justice StocksIager Dissents.

The supreme court handed down an
oral decision yesterday in the fa-
nous Kootenai county division case by
which the bill creating Lewis and
Clark counties is held unconstitutional
and old Kootenai county will remain
as Of old with Rathdrum the county
seat. The decision dashes to atoms
the hopes of Standpoint and Occur
d'Alene of being county seats, at least
till another legislature is convened or
unless a new trial is granted.
The decision, however, is not unani-
nous. Justice Ailshie gave the opinion
of the court quashing the writ of man
The conclusions reached by Justice
Ailshie were concurred in by Justice
Sullivan. although he does not concur
in the whole opinion. Chief Justice
Stockslager dissents from both the
conclusion and the opinion entire and
of his own.
The litigation is entitled Charles Nc
Donald. sheriff of Clark county VS..
Edwin Doust sheriff of kootenai
county, but who has qualified as sheriff
of Lewis county. Mr.. Mcdonald sued
for mandamus compelling Sheriff
Doust to turn over prisoners and rec
ords belonging to Clark county. Mr.
Doust demurred and on the demurrer
| the fight was made resulting in the big
| d. 81, Do at c
on the winning side were Fremont
Wood and Edgar Wilson of Boise and
! c. l.. Heitman of Rathdrum.
! Justice Ailshie in giving the decision
! of the court said in part:
| ITO my mind the controlling and IN
! fact the only serious question in this
case is the power of the legislature &c
abolish and destroy county existing
I at the time of the adoption of the con-
stitution. If this question is resolved
I in favor of the exercise of such power
/ then, in my judgment, the act under
/ consideration must stand. II sUci
power does not exist, then the act +:
unconstitutional and void.
There is no one question in thi'
case but that The legislature had th'
power to create the county of Lev Il
and establish the county seat thereo
at Standpoint. mad they left the re-
mainder of the territory organized a'
Kootenai county with the county sea
at Rathdrum. as it had previously ex.
! listed.
/ ct Is also admitted that had they no
changed the name of Kootenai and re-
organized the county containing th'
old county Yat the legislature would
have been powerless under the consti
tuition to establish the county seat n
Occur d'Alene for the same county Il
which the old county seat. Rathdrum
! was located. Now then Is IL possibl
The Lewiston teller. (Lewiston, Idaho) 1900-1905, 1905-03-28
PUEBLO IS
RICH PROPERTY
The Big Creek Mining District Is
Fast Forging to the
Front.

r. ]. Davis OF Big Creek is visiting
friends, in the city for few days. Mr..
Davis has been three years in the
Thunder mountain district and believes
that when transportation has been per-
fected to that country that II will be
the greatest gold camp in America.
Mr.. Davis left Big creek March LIST,
coming out via Warrens and weiser.
In speaking OF the mines I'm that sec
tion he states that the Werdenhoff
property which is under management
Of Frank N. Hunt. has been working
ten men all winter. He states that this
property has promise of being one of
the richest producing in Idaho at no
far distant date.
Another property which is fast COM
ing to the front. says Mr.. Davis. is the
Pueblo company's mines which are
showing up to be enormously rich. He
states a shaft has ben sunk on one OF
the claims from the top of the noun
tain and Is down rs feet 45 feet oi
which Is in solid ore. He says at the
bottom of the shaft n crosseut has beer
run on the ledge 30 feet each way and
no walls have yet been encountered
He says the values are from 81 to $It
and free milling but that II is ex-
pected to be refractory Mt greater
depth. The property is owned b,
Washington, b. c.. parties.
In speaking of the Bluebird claim
owned by Hot Foot" Davis he says
1t is showing up fine with $12 ore.
Mr.. Davis reports a very light winter
with but 3 to feet OF snow at tht
time he left camp. He says about 30t
people wintsred at Roosevelt. He re-
ports that the Standard mines II
Thunder mountain are showing up re.
markable and that this property is des'
tined to outrival the Dewey mine IL
richness. 1t is generally believed tina
the standard Is the mother lode q
the camp. It is owned by Minneapolis
people.
Mr.. Davis reports that on Raymond
ridge. two miles east Of the Werden
hoff property that Weiser people hav'
opened up some very promising claim
and that many new LOCATIONS are beinI
| made in that vicinity.
Mr.. Davis will visit here n few day,
before returning to Weiser.
The Lewiston teller. (Lewiston, Idaho) 1900-1905, 1905-03-28
WILL FORM
new RESERVE
Government Contemplates Form
Of Shoshone Forest Reserve IN
Nez Perce Timber Lands.

.
The ofiicials OF the local land once
yesterday received from Commissionss
w. A. Richards, Of the general lAnA
Office at Washington. the information
that the withdrawal OF over 700. .0Uas
acres of government timber lands mr.
the Lewiston land once district waer
for the purpose Of Withholding the-
same from entry until arrangements.
were completed for the forming Of thes
Shoshone forest reserve which II n0~r-
under contemplation.
This is the first intimation that has
has been given out relative to q new
forest reserve In this section Of the
country and will occasion some SUR
prise to the public. The informatisrE
however. Is shown to be In keeping
with the general plans OF the present
administration to protect the forests ~
the country by making new reserves.
The lands affected IL In the heart ~
the famous white pine timber belt fkn
Neg Perce county and extends frosun
the vicinity northeast Of Pierce to th0'
Montana line and up to the. present
Bitter Root forest reserve. A simil4r'
order has been issued to the land Of
flee at Occur d'Alene city withdrawing
from entry lands In that vicinity.
The Lewiston teller. (Lewiston, Idaho) 1900-1905, 1905-03-28

by saying they abolished the county
and by the same act reorganiZed the
territory containing the old county
seat under a new name with the county
seat at another town they could accom-
plish the ends forbidden by the con-
stitution and thereby circumvent its
operation.
IT seems to me that the authority
granted by the constitution 10 create
ganize an old county under a new
name. 1t must mean a new county, an
additional county, and not a reOrgani-
alton or remaining of an old county.
Suppose some county should SO far
forget itself as to elect a set of officers
distasteful to the powers that dictate
political fortunes and the legislature
should suddenly conclude that the
county ought as n matter of political
expediency to be abolished and new
county organized from the same terri
tory, and new officers appointed who
would conform to their ideas of gov
ernment, with the county seat in a
neighboring town. is ii possible that
such an act is within the purview of
the constitution? / think not.
1T follows from what has been said
that consider the act under consid-
, Grafton in violation Of the constitution.
1t is so held and the writ will be
quashed and the proceeding dismissed
Justice Sullivan said: Il concur in
the conclusion reached by Mr.. Justice
Ailshie. However. there is one prop
osition discussed by him that ! am not
fully determined on at this time but
think he has arrived at the correct
conclusion in the matter and for that
reason concur in the conclusion reached
! by him
| Chief Justice Stockslager said IL
part: Il am unable TO concur in tht
conclusion reached or practically in
! any part of the opinion as announced
! by the majority. The facts exist and
/ il is beyond dispute that the courts o.
! this state have said IL was possible u
entirely destroy a county.
/ Nov my associates say that the leg
islature had power to create Lewis o.
Clark whichever the case may hav,
been but when they did that thet
+ musf leave old Kootenai county. |
was all right 10 create one new county
bat they must leave the county seat "a
established for Kootenai county. The.
had to leave the name Kootenai county
II was simply cutting the county il
two. and | 90 rot find any decision
that say that the legislature may no
do that. Neither do find any prohibi
tion in the constitution rs ! read i
4 prohibiting the Legislature from di-
vlding one county and creating iron
tthe old county two new counties, es
tablishins a county seat for each of tn
new Counties
The Lewiston teller. (Lewiston, Idaho) 1900-1905, 1905-03-28
DISTRICT COURT
IN SESSION
Ease Against Vim. Rookie has
been Dismissed-Other
Court News.

me opening day of the district court
yesterday was taken up by the hear
'ns or motions and demurrefs and eX-
parte matters.
Inc case of the State vs. VIM ].
.'ooAe' ON the Charge of larceny of a
'"FNe was dismissed Rookie is serv-
''s " ten-year sentence from Idaho
'oali'y for similar offense.
NeW informations We're filed in the
ioiio0i ing cases:
eIte VS.. W. d. Rowland, embezzie-
men.
''ale vs.. Lem Tuey. assault with in
70 commit robbery.
STATE VS.. A. E Harrington, assault
i'h intent to commit murder.
state VS.. Geo. w. and David Burke
burglary.
state vs. Peter Fixner. malicious
mischief.
The Lewiston teller. (Lewiston, Idaho) 1900-1905, 1905-03-28
ENGINEERS STILL WORKING
CONSTRUCTION may SOON FOLLOW
Mr.. Levey of the Northern Pacific was Here
Yesterday Conferring with Chief Engineer
Pearson Neither Give Out Information.

So far as developments are con-
cerned in the railroad situation in this
section Lewiston is securing full
share and it is now confidetly expected
that within a very short time the an
ticipated will happen. Lewiston has
passed through just such expectations
in the past and for years nothing but
railroads were uppermost in the minds
but the rapid development Of the coun-
try in the past few years has demon-
strated that transportation facilities
are insufficient and the same old feel
ing exists again, and will until the
powers that be give the word for cons
struction. 2
The engineers employed by both the
Northern Pacific and the o. r. & N.
Co. on the reservation are still in the
field. Whether making preliminary or
permanent surveys or laying grade
stakes is Of little consequence to the
public. The fact that they are in the
field is sufficient to justify the belief
that something will be doing soon.
Engineer Estep and party OF surveyors
are still camped on the Charleston side
of the Snake and indications are that a
survey is being made down Snake river.
Mr. c. M. Levey, assistant to Presi-
dent Elliott Of the Northern Pacific was
in the city yesterday. He was accom-
panied by Assistant Chief Engineer
Crosby of Tacoma. Chief Engineer
Pearson arrived in the city yesterday
The Lewiston teller. (Lewiston, Idaho) 1900-1905, 1905-03-28

morning and the entire party including
Mr.. J. p. Vollmer went into confer
ence. 1t was learned yesterday that the
matter Of securing terminal grounds
was under consideration but 1t is un-
derstood that no definite conclusions
were come to.
In speaking Of the object Of his trip
nothing of Importance to give out. He
said that the Northern Pacific engin-
eers now in the field were placed there
for the purpose Of relocating right OF
ways. When asked the truth concern
ing the report that Northern Pacific
men were in the field purchasing righ,
Of way he stated that they were only
contracting and not buying.
Mr.. Levey stated that when any in
formation was to be given out con-
corning construction work that the
people Of Lewiston would learn Of 1t as
quick as any one else. He stated tha,
he had nothing of Importance to i'm
part at this time.
In speaking Of the double train serv.
ice on the Spokane Lewiston branch
Mr. Levey stated that the service
would be inaugurated some time nearer
June first than May first.
Mr.. Levey with his car and Mr.
Pearson with his car left on the out
going Spokane train this morning bu
no intimation could be leared as I,
tn ,ir destination. 1t is understood tina
they are going east and would probabl.
| stop at Missoula.
The Lewiston teller. (Lewiston, Idaho) 1900-1905, 1905-03-28

ST. PETERSBURG, March 27.--The
authorities have definitely decided to
prosecute Maxim Gorky on the charge
of drawing up proclamations with the
object Of overthrowing the existing
state of things in the empire and dis
turbing public order, the highest pen
atty for which is three years detention
In "a fortress. Gorky. who Is tsill In the
neighborhood of Riga. is in broken
health.
The Lewiston teller. (Lewiston, Idaho) 1900-1905, 1905-03-28
Thousands Of Letters Burn

SEATTLE. March 27.--Many thou-
sands of ordinary letters. all of the
second class mail matters and all oi
the registered mail matter was de-
stroyed by fire and water In the Great
Northern train wreck in Idaho yester-
day. All of this mail came from st
Paul and the east. and was intended
for distribution In Spokane. Seattle and
all points in northern and western
Washington.
The Lewiston teller. (Lewiston, Idaho) 1900-1905, 1905-03-28

ST. PETERSBURG, March 25.--Anr
imperial decree under today's date d.
rects the minister OF finance to issue
a per cent internal loan of 500 0,000.--
900, with the view to further strength.
ening the funds in the state treasury
required to meet the expenses Of the
war or this loan, $50 0,0oO,0 900 will be-,
offered for public subscriptions.
Ottumwa tri-weekly courier. [volume] (Ottumwa, Iowa) 1903-1916, 1905-10-24
MILTON.

Milton, Oct. 20.--Clarence Workman
and mother, Mrs. N. l. Workman | TT
Tuesday for st. John, Kan, to visit
relatives. From there Mr.. Workman
will go to Oklahoma.
Rev. D. r. Martin and little daugh
ter left Tuesday for Cement, Okla. to
visit Rev. Martins sister.
Miss Winnie Corder, of this place,
and j. j. Hummell, of Memphis, Mo-,
We're married at Keokult, Oct. IL.
John Hamilton has purchased the
Willis Moon residence in the north
part of town. He also bought two lots
of w. T. Moo n just north of this
place. Consideration, S1,o00.
Mrs. l.. B. Thompson has sold her
household goods, and will make ner
home in Chicago with her son, Ray.
Mrs. G.. E. Akers, of Eldon, is visit
ing her sister. Mrs Charles Parks at
this place.
Harry Craven left Tuesday Cor Ft.
Madison on business.
RS. A. A. Carmine and daughter, of
Caney, Kan. have been visiting at the
home Of E. E. Hoskins for several
days.
.. c.. Hellwig and wife and the
Misses Halle and Bernice Carder, at
tended the Hummel- Corder wedding at
Keokuk last week.
The family of v. Maggie arrived from
Red Oak last week and will move to
their farm northeast of town as soon
as some repairs are made.
Some of the farmers are beginning
to crib their corn.
Ottumwa tri-weekly courier. [volume] (Ottumwa, Iowa) 1903-1916, 1905-10-24
WEDDING At WILLIAMSBURG.
Prominent Young People Marriee
Last Might.

williamsburg, Oct. IA very pref
ty wedding took place at o'clock last
evening. In the presence of about fifty
relatives and friends, Reese Davis, OF
Ocheyedan, and Miss Minnie lola
Wilson, OF this city, were united in
marriage at the residence of the
brides brother, Mr.. and Mrs G. HI
Hughes, Rev. W. H. Dillon perform
ing the ceremony, using the beautiful
and impressive ring service OF the
Methodist Episcopal church.
The strains of Mendelssohn's we'd
ding march played softly by Miss Ella
Long. niece of the groom, who was
gowned in pale blue informed the as
sembled company that the bridal party
was moving to the center parlor
which was decorated in dainty, but ex-
quisite taste Preceding the couple
forming the white ribbon aisle, were
little He ter Hughes and Vega Lyon;
these We're followed by Misses Hilda
and Helen Hughes, nieces of the bride
dressed in cream ehallie, as attend
ants; after which walked Miss Mae
McEachran. attired in a dress of white
who, served as maid of honor. She was
accompanied by Frank Rayner, as bes'
Ottumwa tri-weekly courier. [volume] (Ottumwa, Iowa) 1903-1916, 1905-10-24
KILLED BY TRAIN CASES ASSIGNED
ALFRED PETERSON FALLS UNI.
DER Rock ISLAND PASSENGER
AND SUFFERS DEATH.

From Thursdays, Daily.
Returning to his homekfn this city
after an absence of month or more,
during which time he had been work
ing at Wayland, Mo-, Alfred Peterson,
a stone mason, residing at SIP Cen
ter avenue, was run over ard killed
by Rock Island passenger train No.
2U5 in charge of Conductor H. F. Bess,
at the Union station last evening. Mr..
Peterson attempted to alight from the
smoker of the train after it had start
ed and was moving away from the
depot and fell beneath the wheels of
the second coach and was dragged for
o cars length.
After an illness If two weeks, Mrs.
Tena Applequist, an aged and highly
respected resident of Chillicothe,
passed away Wednesday morning. Mrs.
Applequist was one of the earliest set.
lers in Chillicothe, coming to this
county In 1852 The funeral services
was held this morning at 10
o'clock at the late residence. The
cortege will proceed to Munterville
where short services will be held pre-
vious to interment.
Mrs. Applequist was 81 years of age
Her long residence in Chillicothe has
endeared her to all in that vicinity
She leaves husband and one daugh
ter, Miss Alice, besides Samuel John
son of this city, who is a brother.
Ottumwa tri-weekly courier. [volume] (Ottumwa, Iowa) 1903-1916, 1905-10-24
EDDYvILLE.

Eddyville, Oct. 1s.-Died, at about 6
Ottumwa tri-weekly courier. [volume] (Ottumwa, Iowa) 1903-1916, 1905-10-24
CONDITIONS EXAGGERATED.
Continued from page ~


age this difficulty may be easily obvi-
lated. This will be done and there Is
no reason why there should DO any
more sickness on the canal strip than
along the Mississippi river, in fact,
Panama is far healthier, city than
New Orleans.
Eight Years for Completion.
with fair success and only rea.
various obstacles that will be encoun-
tered, the canal should be completed
within eight years. The task is SO stu.
print convey but feebly it's immensely.
Hundreds of locomotives are hauling
trains loaded with dirt from morning
to night and yet the impression upon
the sum total Of earth to be moved
appears to be trifling. The celubra
cut will require the movement of more
earth than was moved in the construc-
| ton of all the railroads west of the
Mississippi river.
"Of course the help question is d
serious one, but,I believe this will as
sumo a more settled condition before
a great while. There is no use of talk.
ing, the white man is the man to pro-
duce results. The Jamaica negroes
are inclined to take it easy 1t takes
about four aJpanese to do as much
work as one white man The Japs
are a very unsatisfactory help in this
kind of work. They get $1.50 per day
While the white man receives $3.50"
Mississippi Improvements:
Mr.. Lehman still believes the time
will come when practical use will be
made of the great waterway of the
/ Mississippi and asserts that the men
/ interested in obtaining an appropria-
ton Of $15,000,0u0 from congress, ex-
tended over long period of years,
for the purpose of ensuring six foot
waterway from st. Paul tc s.. Louis.
will ultimately, II not this year, OBJ
tain the desired financial help from
congress. He says Minneapolis mill
ers are becoming more and more in
terested, as competition becomes
sharper and difficulties in delivering
goods increase. The millers declared
that at times it was necessary to sell
flour on as low a margin as five cents
per barrel. The additional rs cents q
barrel imposed as a special tax, in
LonGone had had the effect to practic-
/ ally put the Minneapolis millers out
OF business, at times, SO far as this
trade was concerned. What was de.
sired was an outlet to-the gulf by way
OF the Mississippi. This would place
freight rates on such q basis that
competition would be possible.
Ottumwa tri-weekly courier. [volume] (Ottumwa, Iowa) 1903-1916, 1905-10-24
SOUTH SIDE NEWS.
HAS ARM CRUSHED.

Fred Dowthett Meets With Painful Ac-
cident at Packing House.
From Saturdays, Daily.
Fred Dowthett, 1O7 South Ransom
street, met with painful accident yes
terday. While being employed at car
penter work at the Morrell packing
house. he crushed his left arm with
largeebox, bruising it quite badly just
above the wrist. DR.. j. G. Box was
called and dressed the wound.
Other South Side News.
Mrs. H. Fletcher, who resides on
Queen Ann avenue, left for Belknap
this morning, having been called there
there by the serious illness of her sis
ter, Mrs. N. Cox.
Mrs. George Robinson and children,
I'll Vine street, have returned from
Stockport, where they visited relatives
and friends.
Mrs. Addie Rousch and children of
Lebanon, who have been visiting at
the home of Mrs. Isaac Prather, Ill
South Davis street. left yesterday at
ternoon on the Rock Island for Eldon
to visit with relatives.
From Mondays Daily.
! Miss Bertha Arnold, ITO South Will
lard street, returned this morning
from Dudley where she visited with
| friends and relatives.
Saturday afternoon at o'clock at
the home of the officiating minister
REV. John Hastie, 30S South Willard
street,occurred the marriage of Oscar
o. Riley and Miss Emma McFadden
both of Oskaloosa The, young people
were unattended. Mr. and Mrs. Riley
left Saturday evening for Oskaloosa
where they will make their future
home.
] A quiet wedding took place yester
Gay afternoon at o'clock, at the
home of Mr.. and Mrs. F. M. Randell
202 South Willard street, when theil
daughter Miss Gertrude Randell was
united in marriage to Charles Mat
thew. The ceremony was performed
by Rev. Geo. Gillett, pastor of the
Davis Street Christian church. The
bride was becomingly attired in white
silk and was attended by Miss Bessie
Robinson and Harry Blount acted as
| best man.
After the ceremony two course re
| freshments were served to the rela
tives and few immediate friends who
were present.
Mr.-and Mrs. Matthew will be al
home to their friends after November
!, at 1862 North Moore street.
Mr. and Mrs Otto Anderson Of MouE
ton visited yesterday with friends in
South Ottumwa.
Ottumwa tri-weekly courier. [volume] (Ottumwa, Iowa) 1903-1916, 1905-10-24

Burlington No. 3 for Abba, where he
has accepted position with the P, j..
Donelan Dry Goods Co.
Mr.. and Mrs. J.. Randolph who re-
sides on Lotspeich street left this
morning on the Wabash for Belknap
to visit with relatives.
Mrs. E. A. Killion of Melrose, who
has been visiting her daughter, Mrs.
e. A. Winniger, 1872 North street, left
Saturday for her home.
Miss Vida Smith and G. ". Smith of
Abba, who have been visiting friends
in this city, left this morning on Bur-
lington No. for their home.
Mrs. Frank Game of Bloomfield left
this morning on the Wabash for her
home, after visit at the home of John
Gray, 621 West Main street.
Mr.. and Mrs. P. G .Ackley, 200 Cara
street, returned this morning on the
Milwaukee from Keswick, where they
have been visiting with relatives.
Mrs. ]. w. Mulhollen and children,
| Of Burlington, who have been visiting
with friends in this city left Saturday
for Chillicothe to visit with friends.
Miss Stella Potter of Abba, who has
been visiting her mother, Mrs. c.. o.
Potter, west of the city, left this morn
ing on Burlington No. 8 for her home.
Mr.. and Mrs. E. F. Cone of Murray,
who have been visiting at the home
of their son, Frank Cone, 1889 East
Main street, left this morning on Bur-
lington No. 3 for their home.
Mrs. j. H. Baker presented the Cour-
l Ter with variety of apples, ounces
and pears this morning, which speaks
volumes for the successful cultivation
of home grown fruit in this county
The apples are the Ben Davis and
Wolf River, while the pears are un.
usually large Keyfers. The ounces
too, are large.
The following marriage licenses have
been issued by Clerk Edwin DUNCAN
VIM. T. Loke and Miss Katie N. Ed
wards; Robert E. Brady and Miss
Edith E. Gray; Oscar O. Riley ant
miss Emma M. McFadden; Joseph A
Shampay and Mrs Mary l.. Schrock;
Isaac Terry Tillotson and Miss Maude
Long; Charles Ernest Matthew ant
Miss Gertrude Vera Randell; Alber
Heller and Miss Myrtle Minnie Dale
and Toney E. Payne and Miss Ruby l
Mills.