davidaulloa/AmericanStories huggingface dataset:
The Twin Falls times. [volume] (Twin Falls, Idaho) 1905-1916, 1912-03-12
Land ( Water Company's Demurrer Over
ruled in The Fedora! Court.
$O0OO Damage Suit Will Come to Trial on the Merits Of The
Case Results Of Great Importance 10 Irrigation Interests

! struction of any of said works, with
the right of appeal by said second
party from his decision to the state
board OF land commissioners, but the
work when completed shall be in ac-
cordance with the specifications as
finally determined upon, to the salts
faction OF the state engineer"
1t is clear | think that the power or
authority OF the state engineer to
modify the express specifications is
limited by the clause, "Such changes
however, not to impair the efficiency
OF the work for the purpose for which
they are intended" Bearing in mind
such limitation, does the complaint
disclose breach of the conract? In
mediately preceding a detailed emu
meration OF the particulars in which
the plaintiff alleges the failure upon
the part of the defendant to contruct
the system In arrodance with the con-
ract and the specifications attached
thereto is this allegation: Plaintiff
alleges that defendant, in the con-
struction of said irrigation system,
failed and neglected to comply with
or observe the provisions of it's said
contract with the State of Idaho,
whereby and by reason whereof the
said irrigation system is incomplete.
unsubstantial, defective. and danger
GUS, and is not suitable or efficient
for the purposes for which it was in
tended. And Immediately following
the specifications of particulars there
is to be found this further allegation:
And plaintiff alleges that in all the
particulars above set forth the defen-
dant failed to observe or comply with
it's said contract, and particularly the
provisions thereof which required
that said dam, canal, laterals, gates,
Wiers, and all other structures, should
be built and constructed in work
manlike manner and in accordance
with said specifications set forth in
its said contract with the State of
Idaho We therefore have particu-
lar charges of the respects in which
the system was constructed and af-
terward conveyed to the plaintiff was
not in accordance with the specifica-
tions of the contract, and the allega-
tion that by reason of such deviation
the system is incomplete, unsubstan-
tial. defective, and dangerous "and is
not suitable or efficient for the pur-
pose for which it was intended If
this allegation be true, that is, if the
system is not efficient for the pur-
pose for which it was intended, then
the defendant would not be excused
for failure to comply with the calls
of the contract and the specifications
attached thereto, even though the sys-
tenn had the approval of the state en-
gineer. In this view it is unnecessary
to discuss certain other questions of
law raised in the briefs on file. The
demurrer will be overruled, and on
Hrct'f'r 10 strike out will be denied
| The defendant may have thirty days
in which to file and serve answer.
The Twin Falls times. [volume] (Twin Falls, Idaho) 1905-1916, 1912-03-12
KILLED BY VICIOUS BOAR.
Aged Man of Dubois Attacked by a
Hog, Dying AS Result of Injury.

James Case, an elderly man, some
sixty years of age, WAS bitten by a
vicious boar Tuesday about twenty
miles east Of Dubois and died from
the effects of the bite few hours
later, bleeding to death before assis-
tance could reach him.
He was the only man on the place
and presumably had gone to the pen
to feed the animal when the boar at
tackled him, biting him several times
in the right leg. An artery was sever
ed and his death was the result.
Undertaken G.. HI. Hunt, of the Din
swoodey establishment, was called to
Dugbois Tuesday and brought the re-
mains to Idaho Falls Wednesday,. A
sister, living at Nampa has been noti-
fled and word from her as to the
disposal of the remains is looked for.
Idaho Falls Register.
The Twin Falls times. [volume] (Twin Falls, Idaho) 1905-1916, 1912-03-12
APPLE BOX BILL.
Substitute to Be Reported Applying
to Barrels and Misbranding.

Washington, March 1.-THE house
committee on coinage, weights and
measures, after hearing arguments
today on the Sultzer apple box bill,
will abandon the original measure
and report substitute bill which un-
dertakes merely to regulate the size
of apple barrels and fix standards for
apples packed in barrels. This is in
conformity with the agreement
reached yesterday between the west
ern growers and eastern commission
men. The bill that will be reported
does not in any way apply to western
apples, the clause which imposes a
fine of 81 for each package of ap-
pies misbranded and provides for the
confiscation of each, barrel that is
short. The committee decided that
heavy fines and Jail sentences for
failure to meet tho requirements was
unduly harsh, and Sulzer agreed to
modify this provision of the bill.
1t is mutually understood that at
the next session bill Will be brought
forward regulating the size OF the ap-
pie box and at that time an effort will
be made to have the Oregon box
adopted as standard. That bill prob
ably will carry the same penalties as
! the amended Sulzer bill applicable to
barrels. but it is understood the box
bill will authorize a different grading
from that adopted for barrels SO that
large western apples may go into the
market marked according to size and
quality.
The Twin Falls times. [volume] (Twin Falls, Idaho) 1905-1916, 1912-03-12
Ml!!,,, Board Reelected With
: One Exception.
CAMPAIGN PLANNED AGAINST
MAIL ORDER HOUSES.
Plan to Enlist Southern Idaho in
Aggressive Campaign for Home
Production.

The annual meeting of the Mer-
chants and Manufacturers Association
was held last evening at the CONNER
cial club rooms at which time the old
board of directors with one exception
was elected. While only a portion of
the members were present considera-
BILE inerest was shown in the work of
the association. The election, which
was by ballot resulted in the follow
ing nine members being elected to
the board OF directors: c. E. Booth, d.
d. Alvord, W. H. Eldridge, G. P.
Wertzbaugher, c. o. Meigs, C. H. Bur-
on, L. E. Salladay, w. s. HILL
Considerable discussion was brought
UP over the mail order campaign and
several plans suggested for going into
a more aggressive fight. While none
pected that in short time announce
pected tina in short time announce
ment will be made of the one selected
by the board, of directors.
After the regular session the board
of directors met and organized by
electing W. H. Eldridge, president. G.
H. Burton, vice-president and D. D.
Alvord, treasurer
The Twin Falls times. [volume] (Twin Falls, Idaho) 1905-1916, 1912-03-12
UNUSUAL CASE IN COURT.
Jesse Miles Convicted Of Forgery
Asks New Trial.

Convicted of forging a $50 check
and passing it upon clerk who sold
him a pair of shoes and returned the
change in cash, Jesse Miles of Twin
Falls raises a unique contention in
support of his appeal to the supreme
court WIN he urges that the convic-
tion against him should not endure
for the reason that the proceedings
were brought in the name of the clerk
]. e. Hartdegen, and not the company
which operated the store, the Ed
ridge Clothing company
feature of the case which might
add strength to Miles contention is
reclted In the statement that about
the time the trial at which he was
conviced came to close, the cloth
Ing company learned of sum of
money which belonged to Miles and
which, it is said. the company imme-
diately attached and attempted to se-
cure reimbursement for the sum said
to have been lost in the check trans
action. This, it appears, was the first
entrance of the clothing company into
the case, all previous complaints and
and charges against Miles having
been brought in the name of Hart
degen.
Miles now contends that if the COM
pany is entitled to a reimbursement
the claim that Hartdegen lost money
by the check transaction is void and
that Miles, being convicted because
of this alleged loss by Hartdegen,
should be cleared of the charge. Miles
was sentenced to serve term of
from two to four years in the peniten-
tiary.
1t appears from the story of the
case that Miles was roOming with
Thomas Moran, a sheepman, and it is
alleged that Miles secured a check for
$50 issued to Moran and forged the
latter's name as an Endorsement The
check was cashed by Hardegen, clerk
in the Eldridge company's store, when
Miles purchased pair of shoes.
The date for the argument of the
case in the supreme court has not yet
been set. 0. M. Van Duyn, assistant
attorney general, is preparing the
states papers to be presented to the
supreme court-Statesman.
The Twin Falls times. [volume] (Twin Falls, Idaho) 1905-1916, 1912-03-12
The WINNERS in THE CONTEST
OratOrfcal Department of High School
Selects Representative.

Miss Ethel Moore was winner in
the preliminary oratorical contest
which took place. at the high school
auditorium last Wednesday evening
when nine students competed for
honor of representing the high school
at Caldwell in a state contest Three
classes of recitations were represent
ed in the contest, Humorous, Drama
tic and Oratorical and in all three
tn competition was very keen. The
OrAtorical class were first on the
program and in this class Roy Wea-
yer was awarded first place and Glen
Bascom second. In the Dramatic class
Miss Grace Barger was awarded first
and Miss Carmen Cox second Miss
Ethel Moore who attained the highest
average for all three classes was en-
-ered in the humorous class, where
she easily surpassed Jerome Daube
was second in this class.
Miss Moore will go to Caldwell
this week, where the state contest
will be held on March fifteenth
The Twin Falls times. [volume] (Twin Falls, Idaho) 1905-1916, 1912-03-12
The HIGHEST DAM.
Is Being Built by the Government at
Arrow Rock.

Building the highest dam in the
world, owning and operating rail
road, and creating the biggest reser-
volr In existence are three of the
present activities of Uncle Sam. The
railroad was constructed by the recla-
nation service. 1t is of standard
gauge, % miles long. and runs be-
tween Arrow Rock and Boise City.
Idaho. In an illustrated article in
the March Popular Mechanics maga-
zine, l.. William Thavis says:
The necessity for it was the same
that has caused Uncle Sam to do
many unprecedented things in con-
nection with the big irrigation pro-
jects in the west Many of these are
located in the desert, and it is neces-
sary for the government to build
roads, telegraph and telephone lines,
run hotels and department stores and
in this last venture, to build a rail-
road to get men and material to the
scene of work.
THE big dam that is being put in
on the Arrow Rock project in Idaho
will be 351 feet high and will cover
an acre Of ground. 1t is a narrow
section of the Boise canon, about 90
miles above Boise City. The site was
selected only after long search There
We're several drillings and pit dig
gings before bedrock was struck. sc
feet below the surface of the river,
-Four or five years will be con-
sumed in construction. The top will
be % feet wide and 1000 feet long
with roadway which will be pro-
tected by parapet on each side. The
dam itself will back up lake of wa
ter that will irrigate 25O,OO0 acres
When the reservoir is full, the water
will be drawn off through gates neal
the top. AS the level of the water is
lowered, lower gates will be opened
so that these outlets never will oper.
ate under an excessive head of wa
ter" r."-Weiser Signal.
The Twin Falls times. [volume] (Twin Falls, Idaho) 1905-1916, 1912-03-12
RfMODFLED BLACKSMITH SHOP
". B. Hendricks & Son Improve
Former Quarters.

Since the disastrous fire in January
which Quilted the r. B. Hendricks
blacksmith shop, the enterprising
proprietor has been making extensive
Improvements to the damaged build
ing New features have been added
to the high grade machinery which
was rescued from the fire and every
department of the big shop made
thoroughly efficient. The blacksmith
establishment has been enlarged, new
forges installed with electric motor
attachments for the bellows and the
whole laid out to do quick and perfect
work. On the other side of the build
ing where the Hendricks all steel
grubbers are manufactured the atten-
ton has been given to the detail ne
cessary to turning out grubbers to
supply an ever increasing demand A
neat office has been fixed up above
the main building and attention paid
to fitting 1t out in businesslike man
ner Mr. Hendricks recently has TAX
en- his son. William, into partnership
in the business and the firm is
now known as T. B. Hendricks &
Son,
The Twin Falls times. [volume] (Twin Falls, Idaho) 1905-1916, 1912-03-12
SHIPMENT OF ELK.
Twenty-Five Head Taken from Idaho
to the Black Hills.

Twenty-Five head of elk, one, two
and three-year-olds. were recently
shipped from some point up the line
to the Black Hills of South Dakota,
having been captured in the Jackson
Hole country. On reaching their des-
tination the elk were driven over into
Wyoming in order to beat the law as
to shipping elk out of the State of
Wyoming. But the way these elk will
find their way back over the line into
South Dakota will be no trouble to
them, and within a few years the
Black Hills will be filled with elk
The elk were all dehorned SO as to
make their handling more easy In
shipping.-Rigby, Ida, Star.
The Twin Falls times. [volume] (Twin Falls, Idaho) 1905-1916, 1912-03-12

Judge Dietrich of the Federal court,
before whom the case of the Twin
Falls Land & Water company was
brought for trial this week has made
his decision on a demurrer on the
part of the defendant, which throws
the case back to it's former status for
trial in his court.
The full text of Judge Dietrichs de-
cision follows:
Tnis action IS brought to recover
ianlages for Lreach of contract en-
ttred in.c between lie defendant ar G
the State OF Idaho, under the provi-
sions of what is popularity known as
the Carey Act, and the laws of the
State of Idaho, enacted for the pur-
pose of giving effect to that act. At
ter the construction of the Canal
System calleu for by the contract, and
the sale of water rights therein to
settlers upon the lands supplied with
water by the system, the plaintiff
company was organized as provided
by law and pursuant to the stipula-
tons OF the contract, and the system
was thereupon conveyed to it, and it
holds title for the use and benefit Of
the several owners of water rights
The theory of the plaintiff, ac-
quiescedl in by the defendant, is that
the contract in question having been
made for the benefit of the several
purchasers Of water rights, it may.
as trustee for them, maintain an ac-
ton for the enforcement of the con-
tract. Both sides therefore recog-
nize the suit as being one based on
the contract, and the defendant con-
tends, and the plaintiff comedies, that
to state cause of action the COM
plant must show a breach thereof
The Complaint clearly shows that in
many particulars the defendant did
not construct the system in accord
ance with the specifications attached
to and made part OF the original
contract, but 1t is not alleged that
such changes or deviations were not
authorized or approved by the state
engineer, and in the absence of such
an allegation the defendant contends
that the complaint does not state a
cause of action, by reason of two sep
arate provisions of the contract, a
copy of which is attached to and made
a part of the complaint. These pro-
vision are as follows:
First. Changes may be made in
these specifications from time to time
by agreement between the state en-
gineer and said second party (the de-
fendant here), such changes, how
ever, not to impair the efficiency of
the works for the purposes for which
they are intended"
Second. THE plans, specifications
and details for the construction of the
dam, canals, headgates. wiers, etc., SO
far as the same are not covered by
the above specifications, shall be sub
mitted to the state engineer of Idaho
| for his approval prior to the con-
The Twin Falls times. [volume] (Twin Falls, Idaho) 1905-1916, 1912-03-12
". +. BURGY SENTENCED.
Given a Fine of $500 and Six Months
In the County Jan-Wfll Appeal.

w. F. Burgy was again arrested last
Saturday for maintaining an alleged
nuisance. The sheriff's office and
the chief of police under the authority
OF the search and seizure law
confiscated good sized drayload Of
booze which the authorities will hold
as evidence Burgy waived examina-
ton in the justice court and was re-
leased under bond OF $4,000.
On Monday afternoon Burgy was
brought up before Judge 6tock1ager
for sentence on the seven counts on
which he was convicted some time
ago. The Court gave him fino Of
$4,000 and six months In the county
jail. His attorneys gave notice for an
appeal to the supreme court
The Twin Falls times. [volume] (Twin Falls, Idaho) 1905-1916, 1912-03-12
Government Engineer Considers
System in Good Condition.
SALMON RIVER SETTLERS ELECT
OFFICERS FOR ENSUING YEAR
Delegates Sent to Boise to Take Tn
Questions of Importance with Land
Board.

The board of directors of the Sal
mon River Settlers association met
in this city Friday afternoon of last
week and elected the following offic-
ers for the ensuing term:
President-W. A. Moomaw.
Vice-president-Fre Berger.
Secretary-Ira e. Finney.
Treasurer-W. II Craven.
The board selected Ira e. Finney
and Fred Berger as committee to
go to Boise and confer with the state
land board on matters of interests
to the settlers of the tract. Mr.. Fin
ney received a message from Cover
nor James H. Hawley that the board
would meet with them today Mr..
Finney and Mr.. Berger departed yes
terday evening for Boise.
Last week G.. G. Carhart acting for
the state engineer made an inspection
of the Salmon dam and according to
his report the dam was found to be in
excellnt condition, which will set at
rest the rumor that the structure was
not in good shape. 1t was also
stated that there was ouly about four
and one-half second feet of water get
ting away by leakage The settlers
association sent committee out some
time ago to look the matter over and
they reported that something between
500 and one thousand miners inches
was leaking through the dam, but
stated that no measurements were
taken.
Thursday Of last week the level of
the reservoir was recorded as 4.3 feet
above the level of the intake tunnel.
Which indicates according to reports
that the water Is steadily raising and
that the discharge into the reservoir
is increasing
The Twin Falls times. [volume] (Twin Falls, Idaho) 1905-1916, 1912-03-12
IMPLEMENT HOUSE OPENED.
Snake River Implement Company
Ready for Business

The Snake River Implement Com
pany which recently leased the Wea-
yer block east on Main avenue has
opened for business with a large
stock of wagons, buggies and harness
together with the usual farm machin-
cry. The firm is entering this terri
tory prepared to stay and get its
share of the business and Mr.. Peter.
son the general manager has been lin
ing things up for an active campaign
The general offices of the company
are at Burley and the manager for the
local branch has not been selected al
though Mr.. G. w. Lieuallen will hav,
temporary charge until that time
The Twin Falls times. [volume] (Twin Falls, Idaho) 1905-1916, 1912-03-12
SOCIALIST LECTURE COURSE
Postponed Lecture to be Given at q
Future Date.

Twin Falls, Idaho, Mar. 8th, 1912.
Editor Twin Falls Times.
Dear Sir: Will you please insert
the following in your next issue, and
oblige the Com. Committee of the
Twin Falls Branch of the National
Socialist Lyceum Lecture Course?
Ever being grateful for small favors:
Notice to holders Of subscription
tickets to he National Socialist Ly-
ceum Lecture Course:
The Committe of this nation wide
movement through it's Twin Falls
Branch wishes to announce that ar
rangements have been practically
completed with the headquarters at
Chicago, whereby the cancelled date
Of Mrs. May Wood Simons, whose
number was not given, will be filled
by that noted lady lecturer Anna Ag-
mes Maley, formerly National Secre-
tary of the Socialist Party Place and
date to be announced later.
All holders of tickets will be ad-
mitted free. Keep your tickets.
Admission at the door will be twen-
ty-five cents, which will also give the
purchaser the premium of so much
literature free.
u0 pldC0 LUZ uOluluS LAc lAccCIAS
has not been decided definitely, but
will be announced later. A record
attendance is assured on all sides.
Miss Anna Agnes Maley has been
one of the foremost exponents Of the
Socialist position, and is a remark
ably magnetic. self-composed orator,
holding her audience by the rhythmic
flow of logic and phraseology. This
National Lyceum Course has accom-
plished more direct results in the in
creasing of the membership than any
other known expedient ever institut-
ed by the party, as is proven by the
enormous increase in the admissions
to membership occurring in the past
few months in every state, where
formally it was difficult if not impos-
sible to organize the listeners, it now
sNlr comparatively easy to enlist their
sfmpathies and services in this cause,
proving again the results of proper
education applied.
H. H. FREEDHEIM,
Secy. Com.
The Twin Falls times. [volume] (Twin Falls, Idaho) 1905-1916, 1912-03-12
SOME PROMISED ATTRACTIONS
Excellent Numbers Secured for Com
ing Winter.

The entertainments selected for next
years lecture course are as follows
The Ben Greete Players.
The Alfred Bergen and Marx Trio.
Ed Amherst OFT. Lecturer).
Ralph Gingum. (Humorist).
The Waterman Quartet
The management is particularly
fortunate in securing the Ben Greete
players, as well as Alfred Bergen,
who with Macmillan Dick. opened
thds years course. These two num-
bers are we'll worth the price of the
course. Ed Amherst OFT Is one Of the
greatest dramatic lecturers on the Ly-
ceum platform. He will give his lee
ture on Heredity, entitled Sour
Grapes" Ralph Bingum Is the fun
niest humorist on the road and the
Waterman Company, ladies quartet
will be equal to he Shuberts.
The Twin Falls times. [volume] (Twin Falls, Idaho) 1905-1916, 1912-03-12
STATE SCHOOL BUILDING.
Cost Has Been Kept Well Within Ap.
preparation.

superintendent Taylor of the State
School for the Blind and the Deaf is
planning to open the second school
building on the 18th of March This
building was practically completed
some time ago and on the installation
OF the furnishings he awaited to
make it available for the uses of the
institution. 1t has been set apart for
the boys In its entirety, with four DOR
mltories In the upper story. an equal
number of class rooms on the main
floor and basement where is located
the heating plant, the laundry and
two or three other apartments that
are we'll adapted for the general pur-
poses OF the school,
The opening Is to be marked by a
literary and musical entertainment
to which prominent educators OF the
State have been invited.
Mr. Taylor is well pleased with the
new building. Contractor Evans has
made q good Job of it. 1t is mat
ter for congratulation that although
nothing has been sighted in the
structure the building and furnish
ings will come well within the amount
of the appropriation, which Is $4,000
Numbers OF the tables, stands and
chairs now In US In the school and
others to go into the new building
are the handiwork Of the boys OF the
school, And these articles OF furni-
ture are substantially put together
and elegantly finished. The rater.a
used is beautiful oak on all the pieces
The main portion OF the furnishing
have been purchased through thu
Thompson Furniture Cor,rany am
will arrive in carloads this week
GoOding Leader.
The Twin Falls times. [volume] (Twin Falls, Idaho) 1905-1916, 1912-03-12
A PLEASING ATTRACTION.
Coming to the Isis Wednesday and
Thursday of this Week.

The crowning triumph of all NOV
ing picture production will be seen at
the Isis theatre Wednesday and
Thursday of this week, the manage
ment having secured the $21, 900 pro-
duction of Cinderella" in three
parts. This is said to be one of the
best pictures ever turned out and the
people of this city are indeed fortu-
nate in having chance OF seeing this
wonderful production. The children
as well as the grown ups are all ia
miliar with this well known fairy
tale and it must be seen to be appre-
ciated There will be no extra charge
and the usual prices will prevail