davidaulloa/AmericanStories huggingface dataset:
Coeur d'Alene evening press. (Coeur d'Alene, Idaho) 1907-1929, 1910-01-26
ACTUAL PROBING
HAS NOW BEGUN
l.. r. CLAWS is CALLED BEFORE
JOINT COMMITTEES TO GIVE
EVIDENCE.
Those in Charge Will Go to Alaska
During the Summer.

WASHINGTON, d. c., Jan. &C.
The actual probing in the famous
Ballinger-Pinchot controversy began
today when L. R. CLAWS, who was
removed from the Office of chief of
the field division at the general land
office, upon the order of President
Taft, was called before the joint
committee in congress, who began
taking his testimony.
Will Take Time to Get Evidence.
1t is not expected that all evil
dence can be obtained and the re-
port submitted before the next ses-
sion of congress, and the taking of
Coeur d'Alene evening press. (Coeur d'Alene, Idaho) 1907-1929, 1910-01-26
EARL ,. HALL MARRIED.

Announcement has been received
in the city OF the marriage OF Mr..
Earl r. Hall. former instructor in
the Occur d'Alene high school. TO
Miss Marie shupp OF Lykens. Ohio.
on the evening OF Wednesday. jan
uary IL. at the home OF the brides
parents in that city. They win be at
home after February 1st at Ohm
sted Falls. Ohio. where the groom
is one OF the high school teachers.
Coeur d'Alene evening press. (Coeur d'Alene, Idaho) 1907-1929, 1910-01-26
nnxING MATCH.

A grand boxing match and wrest-
ling tournament will be given under
the auspices Of the c. A. A. G. at
the Catholic hall Thursday. Janu-
airy 27th. An excellent program has
been arranged. which will consist Of
rs rounds OF fast boxing and two
wrestling matches. All bouts are
strictly amateur and will 90 four
rounds 10 a decision. Valuable gold
watch and medals viii be given
away TO the winners. Admission.
soc.
Coeur d'Alene evening press. (Coeur d'Alene, Idaho) 1907-1929, 1910-01-26
VETERAN ATHLETES TO MEET

PHILADELPHIA, Pa, Jan. 26.-
Old time athletes who, in their day,
made history in the athletic contests
and records of the country win gath
er about the banquet board tonight
at the annual dinner of the Veteran
Athletic association. Membership
in the association is confined to those
who were actively identified with
athletics prior to the year 1895. The
vets" hold a dinner each winter
and an athletic tournament and re-
union each summer.
Coeur d'Alene evening press. (Coeur d'Alene, Idaho) 1907-1929, 1910-01-26

department OF the interior to the
effect that the states claim attached
only to sections 16 and SO within the
reservations which had been survey
ed previous to the creation of the
reserves.
The first proposition of law con-
sidered by the court is the jurIsdic-
tion Of the state land board.
Text Of Decision.
1T is obvious" states the opin-
ion. that II the contemplated action
of the board Of land commissioners
involves the exercise of a Judgment
or discretion vested in them by law,
then this court can not and win not
attempt to control that discretion or
in any manner interfere with or d.
rect the action of the board. II on
the other hand, the action proposed
is without authority OF law or has
no legal sanction or authority. or is
an attempt to act, not upon the dis
erection and judgment of the board
but upon substituted judgment or
discretion or upon the judgment,
discretion, and direction OF some
other board or body, then and In
such cases this court may interrupt
them and declare the law on the
subject, and point out to them the
legal scope within which their judg-
ment and discretion must be exer-
cised."
The court, after considering the
contention that an action for a writ
of prohibition would not lie against
the governor, passes to the consid-
Grafton of the action OF the legls-
lature or the passage OF the joint
resolution creating the homesteads
commission. This resolution, It Ii
held, furnishes no authority OF law
for the action or direction OF the
state board.
Thirty Days 20 Act.
The resolution directs that th'
land board shall act within 80 days
after receiving the report of the
Coeur d'Alene evening press. (Coeur d'Alene, Idaho) 1907-1929, 1910-01-26
Opinion in Brief.

AAA A4AAIAs
Title to the Marble creek
lands was invested in the
state by decision of the sec
rotary of the interior de-
partment.
The state land board has
no authority at law to make
gift to settlers; its func-
tions are those of an execu-
tive body and not a court OF
eq ity.
Lands belonging to the
state of Idaho can be dis
posed of only in accordance
with the provisions of the
state constitution-sold at
public auction at a price of
not less than $40 an acre.
A writ of prohibition viii
lie against a board of which
the governor is a member,
regardless of the fact that
such a writ would not lie
against the chief executive.
Idaho acquired title to sec
tions 16 and SO in all town
ships by special grant of con-
gress, whether surveyed or
unsurveyed, and such land is
not now subject to any form
of entry, and therefore the
practice of elinquishing
these lands as a basis for lieu
selections is illegal.
Coeur d'Alene evening press. (Coeur d'Alene, Idaho) 1907-1929, 1910-01-26
LAST PoLLNGs IN ENGLAND

LONDON, Jan. 26.-With the poll
ing today in the constituencies of
hartford and Isle of Thanet, the
most sensational parliamentary cleo
ton in England's history comes to
close. 1t is pointed out as a sig
nificant coincidence that today is the
anniversary Of the fall of the Sails
bury ministry in 1886.
Coeur d'Alene evening press. (Coeur d'Alene, Idaho) 1907-1929, 1910-01-26
GOT THEIR MONEY TO-DAY.

Those who made settlement with
the Milwaukee road today and reeeiy-
ed the money for their property were
C. X. Leithe. c. Masini. Taylor
Bros. /. N. Busby and y. c. Thomas,
sr.
Coeur d'Alene evening press. (Coeur d'Alene, Idaho) 1907-1929, 1910-01-26
AmenabIe to Courts.

The opinion, which is written by
Justice Ailshie and eoncurred in by
Chief Justice Sullivan and Justice
Stewart, is revolutionary to practices
of the state land board which have
been common and recognized by the
department Of the interior. While
the powers of the board are preserib-
ed as those of an executive body, 1t
is held that the board can act only
along such lines as authorized by
law. exercising discretionary powers
and that It and all other state
boards are amenable to the courts.
Probably the most important and
far-reaching question decided by the
opinion deals with the authority OF
the state to dispose OF its public
lands. Under no condition, It Is
held, shall lands be disposed OF In
any manner except at public auction,
and at a price fixed by the eonstl-
tuition of not less than $40 an acre.
The decision holds that by the pro-
visions of the enabling aCt, the COM
mon schools of the state were grant
ed sections 16 and SO in all town
ships. whether surveyed or unsur-
veyed. and that such land is not sub
ject to entry of any kind, and there
fore the practice of relinGuishing
the sections as a basis for lieu Sc
leetions is illegal.
This position is directly in oppo-
sition to the contention of the for
estry bureau and the rulings by the
Coeur d'Alene evening press. (Coeur d'Alene, Idaho) 1907-1929, 1910-01-26
NEW SERVICE no FRANCE.

PHILADELPHIA. Pa, Jan. 26.--
Preparations were completed today
for the Inauguration of new steam
ship service between Philadelphia
and Bodeaux, and the first vessel, the
Karen. sailing under the Norwegian
nag. win leave this port within a
few days.
Coeur d'Alene evening press. (Coeur d'Alene, Idaho) 1907-1929, 1910-01-26
CONDITIONS ARE
MORE SERIOUS
Floods Sweep Through Great City,
Damage Will Reach $2OO,OOO,OOO

PARIS, Jan. 26.-At dawn today
thousands of flood victims whom
have not tasted food for two days,
were standing in line partaking of
soup and bread, which line lead to
the public kitchen established with
the relief fund which was contribut-
eddy the wealthy Parisians.
The country is in a wretched con-
dition following the heavy fall OF
snow last night, and the warm
weather of today is melting the
snow which is swelling the floods
that come sweeping down the Seine.
The Paris weather bureau officers
do not offer any immediate relief,
and the indications point to more
snow or rain tonight. 1t is estimat-
ed that fully two hundred thousand
people are rendered homeless in the
inundated district.
Fear Terrible Calamity.
The chamber of deputies went in
to special calamity" session follow
ing the reports which gave every in
dication that the city was in the
wake OF a terrible calamity, which
is believed will result during the
coming night from the rising waters.
The towns OF Uugent and Saint Maur
are completely inundated.
Loss viii Reach $3.50. OOO.O
The cabinet this evening estimates
the loss throughout France from high
water at $780, 0O.0 OO with the
strong probability Of its reaching
s250.OOO. 900. Great foods are
sweeping through the city and the
fury OF the water increases hourly
Coeur d'Alene evening press. (Coeur d'Alene, Idaho) 1907-1929, 1910-01-26
Post Fails Dam.

Old Post Falls dam consisted OF ,
channels. one 12g feet Wide at an
elevation 2t16.5. tie middle same:
the west few inches higher; the
present dam consists OF a south chan
mel dam with six sliding gates. a
spellway with an elevation OF 2ilG.b
with gates open. and an elevation OF
2l26.b with the Eates closed. Mr..
Maccala constructed these dana.
The north dam has eight gates. sew
en- of which are "a feet long and
one that Is IL feet long. The bear
trap consists Of three leaves oper-
ated automatically. Pictures taken
OF the dam at Post Falls were mark
ed II. Is and 10. showing all gates
open IN the north channel during
high water in 1907. the bear traps
closed during los water and a pic
ture OF the south channel during the
high water. This dam passes
through 81 per cent more water dur
ing food water stage than the old
Post Falls dam.
Have been familiar with the Oper-
alton OF dam the past three years;
all gates are opened wide during
high water. The gates at Post Falls
win now pass about 40 per cent more
water than the old dam. Close gates
when water IN lake gets between
2i27 and 2i26 Could not hold
water in lake above 2t27.s. Water
would overflow over dam. Water in
tributaries to lake are not raised to
any appreelable difference by the use
OF the bear trap dam AZ Post Falls.
Am not able to hold water to =
level higher than 2127. When the
Coeur d'Alene evening press. (Coeur d'Alene, Idaho) 1907-1929, 1910-01-26

The supreme court of the state
on Saturday handed down an opin-
ion in the celebrated Marble creek
case in which it is held that the state
land board cannot lawfully relinquish
1000 acres of land, situated in Sho-
shone county. and valued at $780,
900, to settlers in accordance with
the recent recommendation of the
legislative homesteads committee.
The case was instituted by Will
liam Balderston against Governor
James H. Brady and other members
of the state land board for a writ
of prohibition to prevent the waiy-
ing of the states right to the land.
The plaintiff qualified as a litigant
with the statement that he was the
parent of children attending the pub
lie schools which would suffer finan-
cial loss if the REIMBURSEMENT of
the land as proposed should be
made. Attorneys Frank Wyman and
B. S. Crow volunteered their service
in the interest of the cause as coun-
sci for the plaintiff, arguing the case
before the court. Attorney General
D. C. McDougall, Assistant Attorney
General ]. H. Peterson. Edwin Nc
Bee and Gray & Knight appeared
in opposition to the writ.
Coeur d'Alene evening press. (Coeur d'Alene, Idaho) 1907-1929, 1910-01-26

commission and rellnQuish all tracts
with reference to which relinqnish-
ment shall be recommended. Com
menting on this provision the court
states: THAT allegation necessarily
admitted by the demurrer takes the
question OF the discretion and judg-
ment Of the board out OF the case.
and rests the action OF the board
solely upon the legislative resolu-
ton and the investigation and the
report had and MADE Hereunder.
The land board Is not court Of
equity; 1t is an executive body
charged with the duties that must
be executed in conformity with law.
Some such argument as Is made
in support OF the proposed action
OF the state board was evidently
made by the attorneys for the set
tiers before the secretary OF the In
terror department" the court states.
1T was only after the subject had
entered the domain OF politics( as
stated by the bFiefs) and political
conventions had made promises and
declarations In consideration for
votes, that any different view appears
to have been taken OF this matter
than that expressed In the states
, brief before the interior department.
The only thing in the way OF car
rying out this promise is that It
would be a violation of the law.
There Is no statutory law to prevent
political parties making all the prom
ises they zee at to make, but when
ever they undertake to carry out
those promises by giving away the
school lands, the heritage ct the chill
dren OF the state. the law steps in
and forbids.
Part Selected lieu.
ut has been urged on the oral ar.
gument in this case that at least
a part of this land was selected a.
indemnity or lieu land instead oil
sections 16 and SO in the CoeuI
Coeur d'Alene evening press. (Coeur d'Alene, Idaho) 1907-1929, 1910-01-26
POST FALLS DAM
IS DESCRIBED
CIVIL ENGINEER GIVES INTER-
EsTING TESTIMONY M
OVERFLOW CAsR.
Flood Of 1894 Was Highest Water
Record in Lake.

Frank H. Teller. civil engineer.
40 Hyde block, Spokane. was pIac-
ed on the stand in the overflow case.
He did not make survey OF section
S0-49-i east; surveyed Occur dAlens
river. Surveyed tract south OF Mis-.
sion fats; there was no land below
2l2s on the Occur d'Alene river ex-
cept the lands shown on theaa maps
and tho Mission meadow: found no
elevation below 2i2s on Byrne'a
land.
From his field notes Witness tes-
tilted that the rivers level on Angus.
5, 1908. was 2225.g4; the river was
then 2123.5; found Fourth OF July
creek 2i2S; IN august. 1909, water
was six inches deep in creek: made
but two surveys OF Occur d'Alene VAL
ley.
Clifford $. MaccaIia. a graduate
hydraulic and electrical engineer OF
Lehigh university, 1896, now assist
ant superintendent OF the Washing
ton Water Power company. was
called. He testified that he had
worked at his profession IN New
York. Philadelphia. Schenectady and
Sidney, Australia. Witness Identified
map showing the various heights
Of water In Occur d'Alene river Ia
beled exhibit IA. lie also Identified
map showing the volume or water
flowing In feet per second from 1891
to 1909. He testified from the now
OF water IN the river the levels OF
the lake could be plotted. Another
map showing these levels from the
data Of river flow was identified
and introduced IN evidence as exhibit
I15.
The map marked exhibit II was
taken from the data complied by j.
c. Stevens of the United States ge-
illogical survey station at Spokane.
Mr.. Stevens suggested that the map
showed only curves of later years,
that earlier years should also be
Appropriated Company also testab-
iished 1894 high water mark 10 be
2137,4 on the water tower OF old
Fort sherman.
Coeur d'Alene evening press. (Coeur d'Alene, Idaho) 1907-1929, 1910-01-26
LOSE
SETTLERS WIN
Decision of Supreme Court in Mar
bic Greek Land Cases

/.
Coeur d'Alene evening press. (Coeur d'Alene, Idaho) 1907-1929, 1910-01-26
Thirty Days TO Act.

The resolution directs that the
land board shall act within 80 days
after receiving the report of the
The Marion daily mirror. (Marion, Ohio) 1892-1912, 1910-03-14
Smoke" JOHNSON
HEADED FOR CHICAGO


Chicago, March lf-Advices from
Racine Wisconsin, today state thai
Jack Johnson. heavyweight champion
has started for Chicago In his auto
mobile, not much worse for his acci'
dent of yesterday in which his auto
mobile was badly smashed and the
pugIlist and his wife and child thrown
out. Both sustained many bruises ana
narrowly escaped death but neither
was seriously injured.
During his weeks stay In chicago
when he will appear at local theatre
johnson will complete arrangements
for a gymnasium In his barn Next
Monday he will open a weeks theatri-
cal engagement In Kansas city, TO be
followed by week in St Louis
After that he will return TO Chicago
and get into active training for ms
fight with Jeffries July 4. For tive
months the negro will do road and
gymnasium work here, after when ne
will go TO the coast TO put the hnish
ing touches TO his training.
He has not yet completed arrange
ments for his coast training quarters
The Marion daily mirror. (Marion, Ohio) 1892-1912, 1910-03-14

possessions have Increased since then
and his family gained about 1900 600
more members thnn belonged TO II In
1000 It would be considered 20 more
than fair II the present diagnosis were
to call for the spending of about $10,-
100000, which would be the sum If the
rate of increase of expense at each
census up to the twelfth we're TO, be
maintained for the thirteenth.
A census expert has estimated that
of the sl3.000.000 the headquarters Of
fee force will earn s4.s00,000. the emu
merators S4500.000. the supervisors
100000 and the special agents $780,
600. The administrative cost will be
s300.0O0. the stationery S200.000, rebt
$4,000. tabulating machines $250.000.
cards for tnbilIaiion processes 500, ,O00,
printing Ss00.O0O. Alaska $s5,000. Por-
" Rlco S100O0O; total. s12 .O30. .0QQ
The Marion daily mirror. (Marion, Ohio) 1892-1912, 1910-03-14
Prohibited Coffee Houses.

SO many coffee houses sprang into
existence In England during the reign
OF Charles ii, that he, entertaining
belief that many political intrlgues had
their beginning In those places. Issued
an edlct ordering them to be closed.
In this proclamation the following
words occurred: "The retailing OF cof-
fec or tea might be an innocent trade,
but 1t was said to nourish sedition.
spread lies and scandallze great men.
1t might also be a common nuisance"
The Marion daily mirror. (Marion, Ohio) 1892-1912, 1910-03-14
Thought l, Was the Monkeys.

A diamond necklace was possessed
by Nine. Geoffrey de St Hilare. tho
wife of the famous French naturalist.
1t was one Of the chiefest of her "cou.
tentments," as Hindoo women aptly
term their jewels. One day madame
missed her necklace. There was a ter
rible turmoil In the house, and all the
servants down to the foolish fat soul
lion were suspected, but in turn proved
their innocence. At last 1t was remem-
bered that NJ. dc St. Hilalre had pet
monkey, and on n search being MADE
in the "glory hole" of the quadrumane
the precious bauble was discovered hid
den away with white satin shoe, sew
eral cigar ends, pencil case and de-
composed apple. The renowned nat
uralist calmly observed that he had
frequently seen the monkey playing
with the necklace. "Why did you not
take II from hlmT Indignantly asked
his spouse. Il thought 1t belonged to
him." replied NJ de st. Hilaire. He ev-
identity thought there was nothing un-
natural in an ape possessing a diamond
necklace as his personal property.
The Marion daily mirror. (Marion, Ohio) 1892-1912, 1910-03-14

Mike Roach is gathering big
squad Of young players for the Ports
being made manager and has num-
ber of others he hopes to land. II is
expected that Roach Is "A trifle too
old to do the catching duty at Ports
mouth this year, but he may decide to
play first base. taking Chas. Spenc-
The Marion daily mirror. (Marion, Ohio) 1892-1912, 1910-03-14
FLAMES REKINDIED.

Jamestown, N. Y. March ,14-Starting
in the ruins of the Gorky building
partly destroyed by fire Sunday morn
ing. flames were rekindled by wind
early today and for time threaten
ed to sweep the business section of
the city The fire spread to the four
story building occupied by the Duffy
Dry Goods company and then at
tackled the rows of frame houses In
the rear.
The guests in the Sherman house
were routed out of bed as the flames
leaped to its roof.
It is estimated the damage will reacl
$500,000.
The Marion daily mirror. (Marion, Ohio) 1892-1912, 1910-03-14

the tabulating process Will begin as
soon as they are forwarded by the su-
pervlsors. The data on them relating
to population will be transferred to
manila cards by the punching Of holes
In them to correspond with the differ
ent items in the schedules. An elec-
trical machine controlled by a clerk
can punch holes in 5000 cards a day.
There will be 300 of these, and 00.-
100000 cards have been ordered.
After the punching the cards are
hand fed into an electric tabulating
machine with a pin box" attachment,
The Marion daily mirror. (Marion, Ohio) 1892-1912, 1910-03-14
The Love Interest in "Gra,Istark al
Tie Grand Wednesday Matinee
and Evening.

There has been yendettas and ven-
dettas, until IL has come to a pass
where play with an Italian character
and no vendetta is stage anomoly. In
"The Mummy and the Humming
Bird" presented twice at the Grand
Saturday, Archie Patterson Is the
Italian or rather Slciian and he
makes his vendetta quite the most vi
tai and outstanding thing in the story
Unequivocally, the acting of the
cast was done by Mr.. Patterson. First
he Is a masterhand at makeup, and
relnforces this accomplishment with
facial expressions that never for an
instant deviate from the matter in
hand His big scene at the table Is
given In Sicilian, and yet, so eloquent
are his gestures and so human his
emotions that his story Is told without
Interpretation, He fires his lines with
all the intensity of the land where
flourish the knife and other sharp
pointed instruments of vengeance
AS character portrayer Mr.. Patter.
son is a real artist
The Lord Lumley" of Nathaniel
Anderson was dIgnhed and never
overacted, with the advantage of an
excellent stage appearance and clear
enunciation. The domination of a
habit of indirectness or address would
add much to the work of Mr. Ander-
son. Mr. Atwood Walker was the
"Iiumning Bird" convincingly, and
here again, stage appearance added
materially to the portrait.
Miss Adelaide French played the
graceless port of the wife syinpatheti.
|cally and Miss Ruth Thornton was
tactful In her efforts TO straighten out
the domestic tangle.
Altogether. "The Mummy and the
Humming Bird" is one of those plays
that should be seen, as-much as II
deal with a prevalent condition, ever
evil, and has as It's purpose the dissl
|pating of certain domestic iisdifferences
seldom realized but dangerious never
theless.
"Tbe Battle" the sociological prob
lem play In which Wilton, .ack ave.
The Marion daily mirror. (Marion, Ohio) 1892-1912, 1910-03-14
The THIRTEENTH
GENERAL CENSUS
Uncle Sam About to ASK QueS-
tlOnS Of His Family,
TO GET At the ACTUAL FACTS
Taking the Deoennial Census Tre-
nnendous Undertaking and a Colossal
Expense, but Necessary to the Prop
er Conduct of Our Vast Domain.

~ Id DIR. u. S. Census will begin
making his thirteenth diagnosis
of the condition of Uncle Sam
and his family April 10 next
He made the first IN 1890 and has been
repeating 1t every ten years since
Uncle Sam has footed tie bills. to date
amounting TO about $iI.OO0000. Our
venerable dad has calculated that the
thirteenth Investigation will cost abou,
$l3.000,000. so that when old DIR. u. S
Census finishes his current work there
will have been spent about $60,000.O0O
for this purpose since 100.
The twelfth census cost about S13,.
100000, and as Uncle Sans landed
The Marion daily mirror. (Marion, Ohio) 1892-1912, 1910-03-14
MIKE ROACH EXPECTED TO
PLAY FIRST AT PORTSMOUTH

cr's old job. Roach comes to the
Ohio state with u good reputation,
both as player and a leader. He
should give the loyal Portsmouth fans
"a team that will be up and doing all
Of the time. If any city I'm the league
deserves winner IL Is Portsmouth.
and II looks as though the river
town Will be up among them this
season. ,5f
The Marion daily mirror. (Marion, Ohio) 1892-1912, 1910-03-14

one of the most noted actors on the
American stage. will appear Mt the
Grand Friday evening, is from the
erudite zen of Cleveland Mofiet, one
of the foremost paywrights of the
day. The story carries out the oft re-
peated theory that If all the money
were taken from the magnates of to-
day. IL would only be n short time
until they would again have II In
their possession. Mr. Lackaye is said
to have again 'tfound himself In this