davidaulloa/AmericanStories huggingface dataset:
Rocky Ford enterprise., 1913-12-12
LA JUNTA HIGH SCHOOL CASE
Continued from First Page)

county wherein is high school such
as the one in question, shall levy 4
tax on all the taxable property OF
the county. But here also is literal
statement that the commissioners in
any county wherein is high school
district heretofore organized accord
ing to law-which includes a union
high school formed of two or more
contiguous districts-shall levy a tax
on all the property of the county.
This could hardly be intended liter
ally for it is conceded that a union
high school of two or more contigu-
Gus districts can only certify up a
tax to be levied on the property of
their particular district. Hence sec
tion 10 OF this Act should probably
not be construed according to the
strict literal meaning of its words.
Under well known rules of construc-
ton, to avoid legal absurdity the
court is justified in interpolating one
or more words in an Act in order to
make clear the evident intention of
the legislature. l therefore agree
with counsel for plaintiff, that section
10 should be construed as if it read,
shall levy a tax on all the taxable
property OF the county Cor districp.'
So far as applicable to the case at
bar. then. section 10 of the law of
1909 would read: "The county COM
missioners of any county wherein is
high school district -. heretofore
organized as a union high school at
any county seat under section $3.50
of the Revised Statutes of Colorado
of l9O6, shall levy -. high school
tax on all the taxable property OF
the county Cor district)." 1t would
then be question OF construction to
determine whether the tax for the
school in question should be levied
on all the property OF the county, or
only upon the property OF the district
which actually organized the school
i'm other words, district IL. Coun-
sci for plaintiff assuming, then. that
the law of 1909 is the only one to be
considered besides the law of 1889,
present an elaborate argument to
show tfrat this law of 1909 should be
construed as not to impose the tax
in question upon any property out
side of district IL Were it true that
the law of 1909 is the only one to be
considered in this connection,
should probably agree with counsel
for plaintiff and decide this case in
their favor. But counsel adopt a
false premise in assuming that the
law OF 1909 is the only one thus to be
considered. An examination OF. the
repcaling clause of the Act of 1905
discloses that it only expressly repeals
sections 3 and 4 OF the Act of 1907
ard then says that "All Acts and
parts of Acts in conflict herewith are
hereby repealed" AS to all former
acts. then. except as to sections
and 4 of the Act of 1907, this is but
repeal by implication. That means
that the law OF 1909 only repeals such
portions OF earlier acts on the subject
as are repugnant to its provisions
and then only to the extent OF the re
pugnancy. In 20 A. 6, Z. Ency.. ot
] Law, at pages 725 and 726, the author
Rocky Ford enterprise., 1913-12-12

school for the district, and not as
county high school.
1t appears that no arrangements
have been made for securing an ap-
portionment of public moneys, and
all pupils attending from outside the
district have been charged tuition.
The tuition SO charged must be hed
TO be full compensation for the priv
ileges accorded, and any deficit must
be made up by the district.
AS to the necessary steps to be
taken in order to avail themselves of
the provisions of the said secti2n
3oo7. it would be necessary for the
district to organize 4 high school
under said section. am inclined to
think that the county superintendent
such organization, and that he would
have to be a member of the high
school committee: but as the act is
so ambiguous and so inconsistent. ii
is my opinion that it is, as ! have
said before. entirely impracticable to
establish a school under tina, section
in single district.
l. The better plan is for the district
to pursue the same course they have
heretofore taken, and charge tuition
sufficient to make it certain there
would be no deficit.
Very respectfully yours.
B. L. CARR.
Attorney General
Section Is. OF the Laws of 1909.
seems to have been overlooked by
the Judge in rendering his opinion.
Said section reads as follows:
Each high school district hereto
fore. formed or that may be fohned
as provided in this act. shall exer-
else all the powers. and perform all
the duties that are at the time of the
| adoption =, this act accorded and
required of directors of first and
second class districts throughout the
state: provided, that the amount of
tax certified to the county commits
sioners for the maintenance of the
high school in any high school dis
| trict. shall in no case exceed four
mills on the dollar. of the assessed
valuation of the school district"
The above opinion by our district
judge seems to the lay mind to be
monument to the stupidity of the
judge who rendered it, and by the
determination of Glen G. Goblin. at
torneys for the plaintiffs, will 4 be
threshed out by the Supreme Court
as soon as that BODY can be pre-
vailed upon to take the matter up.
Rocky Ford enterprise., 1913-12-12

says that in order for an implied re-
peal to result, .the repugnancy ap-
pcaring in the two statutes must be
who'll, irreconciliable. and it must be
clear and convincing and following
necessarily from the language used.'
The repeal in any case will be meas
urcd by the extent OF the conflict or
Inconsistency between the two Acts,
and il any part of the earlier Act can
stand and it not superseded by the
later one it will not be repealed"
Upon examining the law of 1899, we
lind that section of that Act pro-
vides that ''It is hereby made the
duty OF the county commissioners OF
any county wherein a high school is
organized under the provisions of
this Act, or heretofore organized as
4 union high school at any county
seat. under section 3997 Mills Ammo.
Statutes to levy high school
lax on all the taxable property of
the county," etc. We find there an
unequivocal direction to the county
commissioners of any county having
such high school as the one in ques-
tion to levy tax on all the proper
tv of the county. There is no room
there for any judicial construction
the language is plain-neither is there
any repugnancy whatever between
this section of the law of 1899, and
anything in the law of 1909. The
two, then, must stand together. So
.het in ascertaining the meaning OF
section 10 of the Act OF 1909. we can
not view it alone, as argued by coun-
sci for plaintiff. but must consider it
in connection with section of the
Act of 1899. 1t is fundamental that
in interpreting a legislative act. the
courts must endeavor to determine
and give effect to the intention OF
its trainers.
In determining the intention of the
legislature, our Supreme Court has
said in Kallenberger VS.. The People,
9 Colo. 238. that "All statutes in
pari materia are to be construed to-
gether. Repeats are not favored.
Whenever the earlier and the later
provisions of the law can stand to-
gether they will be permitted to do
So" There doesn't seem to me to
be any doubt that section of the
Act of 1890 can stand together with
the Act OF 1909. except as to the
amount of mill levy. and that when
considered together, we have clear
uCSididtioh vi thS iSs
lature that the county commissioners
of any county having high school
such as the one in question, shall
levy a high school tax upon all the
taxable property OF the county. When
the legislature has spoken thus clear
ly there is no room for construction
! Their words must be given their
plain. ordinary meaning. 1t follows
that as the law now stands the plain
tiff cannot recover. Plaintiff insists
that the law in question is unconsti-
tutional. but it would be unavailine
for me to enter upon 4 discussion oil
that question since | could only
give him relief by declaring the law
unconstitutional. and that declaration
if made at all, under the existing
Jurisprudence OF our state. must be
by the Supreme Court OF the state
judgement herein will be for the
defendant, for his costs.
Rocky Ford enterprise., 1913-12-12

the organization OF the High school
in question:
State of Colorado.
Attorney Generals Office.
Denver, Colo, February 2S, 1895.
Madam:-In compliance with your
request, | have examined the matters
contained in the letter of Robert w.
Patterson, president of the school
board of district No. IL Otero county.
His inquiries are as follows:
District number eleven QD, which
comprises all of La Junta (together
with some adjacent territory, and
which is the county seat OF Otero
County,. has maintained a high
school for several years. The high
school has been maintained by. dis
tirct No. IL alone. and pupils residing
quired to pay directly tuition, when
attending the high school.
"First-Is district No. IL entitled
to the provisions OF section 1907
(Mills), relating to high schools in
county seat towns'
"Tf not, what steps are necessary
| for us to take in order to avail our
selves of the provisions above re-
ferred to?"
According to the statement, / am
of the opinion that the first inquiry
must be answered in the negative.
| Section 1907 is taken from the act
: of 1889. and is an amendment to the
act of 1877. which simply provided
| for the organization of union high
schools. That portion OF the act pro-
viding for high schools at county
seats was engrafted upon the original
act in 1889. 1t provides that the di-
rectors OF district at the county seat
may establish and maintain high
school on the basis upon which such
a school can be organized in union
district. and the school board may
act as the high school committee, or
may designate any three members Tin
districts where there are more than
three members) to act as such COM
mittee, and that high schools organ
ized under the provisions OF this ac-
| tion shall be open to all pupils oil
| the county-in other words, if the
school board do organize a high
school as provided in this section
| 5000, and do appoint high school
committee for that purpose, with a
view to organizing a county high
school, then all children in the coun-
ty having the necessary qualifications
shall be admitted ito it. and after the
first year the said high school shall
be rated as separate district, so
far as practicable, and draw its pro-
portion OF the state and county funds
as provided in section 4037, which !
suppose would be- according to the at
tendance at said high school for the
year preceding the apportionment.
The difficulty with this statute is
that it was an attempt to engraft a
new shoot into an old tree; and while
the original act was harmonious. the
Interpolation made it ambiguous and
entirely impracticable.
In my judgment. the act in ques-
ton does not apply to the high
school at La Junta at all, as it ap-
pears that said school is organized
by the district simply as 4 public
Rocky Ford enterprise., 1913-12-12

The following is an answer by the
then Attorney General concerning
the organization OF the High school
in question:
The Lemmon herald. (Lemmon, Perkins County, S.D.) 1912-1917, 1913-07-25
JAPAN WOULD NOT
OFFEND AMERICA
Oppose Pro- Japanese Demon
StratiOn in Mexico.

Mexico City, July 23-Japan,
through it's charge d'affaires here, has
suggested to the Huerta government
that it will not sarction any demon.
stration upon the arrival of the Jap
anese minister which might partake of
an anti-American character
The charge said at the same time,
however. that his government was
pleased al the manifestations of Mex
lean friendship.
Wire communication in round
about way has been established be-
tween the capital and Laredo. The
first telegram in many months mas
been received from Laredo, being sent
by the citizens there congratulatlns
President Huerta upon the progress
of hts administration.
The disappearance OF the rebels
from the railroads TO the east ana
west of San Luis Potosi has enabled
the authorities to reopen the lines
10 Aguas Calientes and Tampico. The
rebels on the main line Of the Ma
tional railways have moved further
south
The Lemmon herald. (Lemmon, Perkins County, S.D.) 1912-1917, 1913-07-25
For legal blanks Of all kinds
call at the Herald Office.
Surprising Cure Of Stomach
Trouble

w hen sou hat trouble with your
stomach - chronic con~t patton. don
ina sfDe hat tnnl ease ~ beyond help
ltt~t because s',uI doctor laiis u give
YOU relief Mrs q Stengele, Pain
I'D = J writes. For over a month
past | have heen troubled with my
stomach Everything | ate upset II
terribly One nf lhamberlain's ad
verfising booklets came 10 me, After
reading few of the letters from peo-
pie who had heen ctred bf Chamber.
lajn's Tablets. decided o try them.
| have taken nAari. three fourths of
package of them and can now eat al
most everything that | want For
sale bs All Dealers.
The Lemmon herald. (Lemmon, Perkins County, S.D.) 1912-1917, 1913-07-25

derground or pit silos in repres,
entative parts of the State of
South Dakota. These under
ground silos are to be erected in
respect to the amount of rainfall
and in respect to the kind of
subsoil.
1T is a we'll established fact
says Professor C. Larsen. that
silos are the cheapest conservers
of feeds for dairy cattle and
young stock. The various kinds
of silos placed on top of the
ground require a considerable
outlay of money. Many farm
ers. especially the new settlers
in the western part of the state
have not the means with which
to build silo nor possess the
machinery for filling it. Real
izing the great Importance OF
silos and silage to the State OF
South Dakota. it was thought
that the pit or underground sllo
would preserve the silage just
as we'll as those erected on top OF
the ground.
Pit silos are comparatively
cheap. Nearly all the cost OF
building such silos IS represent
ed in the cost of common labor.
1t is the intention to dig a hole
or pit about 16 feet deep and
make it about Is or 20 feet IN
diameter, then plaster the III
side with two coats of cement.
The advantages of such a
silo are: % that it is cheap. (2)
such silo will not freeze IN the
| winter, 90 such slio Will no'
blow down.
The disadvantages are that
% more labor is required to ge'
the siIage out. (2) there is some
danger of carbonic acid gas ac,
cumulating near the bottom OF
the pit. For this latter reason
the experimental silos have not
been dug deeper than 10 feet.
The money authorized fol
these silos is from federal funds
This is the first time that eS.
periments have been conducted
with pit silos. There are no"
ever, a few underground silos
scattered over the semi ARD pof'
tions of the United States.
/ If these pit silos are success
then every farmer or rancnel
can have several of them al
The Lemmon herald. (Lemmon, Perkins County, S.D.) 1912-1917, 1913-07-25

Plant One Of the Largest Affected ny
Recent Strike.

Paterson, ~ j., July 23.-The expo
sion of bomb partly wrecked the
Helvetia silk mills, the resulting ex-
citement bringing hundreds of work
ers. who have recently been on strike,
from their beds to the streets.
Great damage was done to the ma
chinery and other fittings OF the fac
tory many windows were broken and
one wall was crushed in.
The Helvetia mills constitute one of
the largest plants among the several
affected by the past four months,
strike of the Paterson silk workers.
Several thousand of the strikers have
recently been returning to their work
without having won their demands.
The Lemmon herald. (Lemmon, Perkins County, S.D.) 1912-1917, 1913-07-25

there is no cost represented eX-
cept labor, and they can be filled
during a good crop season.
Then during seasons of short
crops this siIage can be fed to
the cattle. If such conditions
had prevailed a year or two ago
it would not have been necessary
to ship stock out of the western
part of the state.
The Lemmon herald. (Lemmon, Perkins County, S.D.) 1912-1917, 1913-07-25
State of Ohio, city of Toledo. 6,
Lucas County, !


Frank J. Cheney makes oath
that he is senior partner Of the
firm of F. J. Cheney & Co.. do
ing business in the City of To-
ledo, County aud State aforesaid,
and that said firm will pay the
sum of ONE HUNDRED DOL
LARS for each and every case OF
Catarrh that cannot be cured by
the use of HALLS CATARRH
CURE.
FRANK J. CHENEY
SW orn to before me and sub
scribed IN my presence, this 9th
lay of December. A. d. 1886
(SEAL) A. w. GLEASON.
Notary Public.
Halls Catarrh Cure is taken
Internally and acts directly upon
the blood and mucous surfaces u
he system. Send for testlmonl-
ais. free.
F. J. CHENEY & co Toledo, o
Sold by all Drugglgts, 72c.
Take Halls Family Pills for
constipation.
The Lemmon herald. (Lemmon, Perkins County, S.D.) 1912-1917, 1913-07-25
Agricultural News
State College, BroOkings, S. ID.
Great Demand for Agricultural
Teachers

The State College at Brookings
Sbeng urged by the Bureau of
Education at Washington to en-
phaslze the need for industrial
teachers, The following letter
was recently received by Presi.
dent Slagle from the Commissi-
oner of Education:
There is a constant and rapid
y increasing demand for teach
ers of agriculture, domestic
science, and Industries and trades
10 the high schools in all parts of
the country. The demand is
greater for teachers of one SUBJ
]ect IN one part of the country.
ana Tor another subject in other
parts. But apparently the sup
ply IS not equal to the demand
III any section. For this reason
many schools undertake to have
work In these subjects done by
teachers who are not prepared,
ald the results are far from sat-
slactory. Teachers for these
subjects J, should be prepared in
We colleges of agriculture and
~echanlc arts. Most of t h G
nOflhaI schools can not do this
y "ofh 50 well. They may give
'"e methods but, as a rule, they
Vai not give the substance,
"iiich' alter all, is much more
important than methods.
II might be added that South
DaAota has probably furnished
. l.o'e agricultural experts fol-
s: Gaming and federal and State
ss'enohe :, work than any state
na' ''le Union. in proportion t.
populatlon s;1 Practically all ag
iiOoillfal graduates ara anrau
ui'' - u some form of farm work
.'"er on the soil itself, or show
s v'ners the way. By the Ag
F'cutural Editor.
The Lemmon herald. (Lemmon, Perkins County, S.D.) 1912-1917, 1913-07-25
CURRENCY BILL HAS RIVAL
Rewrite Of /. lass Plan to Be Submit
It'd to President.

Washington, July pa rival to the
administration currency bill has aD-
pesred-the creation of those Demo
cratic members of the house banking
committee who have opposed various
features of the administration bill
1t is largely revrite OF the Glass
nlan. 1t would embody many recon-.
mendations of the old money trust in
vestigating committee.
The bill will not be introduced in
the house Immediately but first will
he submitted to President Wilson ano
Secretary McAdoo in an informal way.
The Lemmon herald. (Lemmon, Perkins County, S.D.) 1912-1917, 1913-07-25
French Officer Is Killed and Corrade
Injured.

Chalons. France. July 23-Lieuten
ant Gabriel. French military aviator.
was killed and his eomrade, Sapper
Malarte was badly injured while ex,
perrin, nting with a new aeroplane at
Dourmelon AS the men started the
motor one of the wheels of the aero
plane caught in rut. The machine
toppled over and the motor fell on
top of them.
The Lemmon herald. (Lemmon, Perkins County, S.D.) 1912-1917, 1913-07-25
MELVIN ON MEAT INQUIRY
viii Investigate Packing Industry in
South America.

Washington. July 23.--Dr. A. d.
Melvin. chief of the bureau of animai
industry. was designated by Seere-
torv Houston of the department OF
agriculture TO undertake three
months Investigation of the mea;
hacking in. ,lstry in the prinipal cat
tie growing countries of South Ameri-
ca
Or. Melvin, before he returns, will
Iook into TIE slaughterfng. canning
and genera packing house business
~ Argentina, Brazil, Uruguay and
Paraguay.
The Lemmon herald. (Lemmon, Perkins County, S.D.) 1912-1917, 1913-07-25
Society Girl Kills Herself.

Boston, July ga rigid investiga-
ton is In progress to clear up certain
incidents connected with the suicide
Of Miss Emile Esther Beebe, promi-
nent in exclusive society circles. who
shot herself through the breast in q
fashionable downtown hotel in pre-.
cisely the same manner IS her brother
Arthur. a Harvard graduate, ended his
life fourteen years ago.
The Lemmon herald. (Lemmon, Perkins County, S.D.) 1912-1917, 1913-07-25
To Destroy Works Of ToistoI

st. Petersburg, July 23.-Emperor
Nicholas has approved of the decision
Of the holy synod to destroy the three
posthumous works OF Count Leo Tolls
toi on the grounds that they are un-
orthodox comments on the Old Tes-
lament The protest OF Count Tolls
tots relatives against sseh action has
proved unavailing.
The Lemmon herald. (Lemmon, Perkins County, S.D.) 1912-1917, 1913-07-25
Strayed

From my place a miles south.
west of Lennon about a month
ago, black mare with white face.
branded [ ] right jaw. $50 re-.
" ard for delivering the horse at
nv place JOE GERMAN ] II
The Lemmon herald. (Lemmon, Perkins County, S.D.) 1912-1917, 1913-07-25
The Best Medicine in the World

"My Ii'tie girl had bloody dysentery
very bad ! thought she would die
hamherIain'> CoIic. Cholera and
biarrhoea Remedy cured her and
can truthfulIy say that ! think it IS
The best medIcine in the world,
writes Mrs William Dr.is. Clare,
Mich For sale ny All Dealers
The Lemmon herald. (Lemmon, Perkins County, S.D.) 1912-1917, 1913-07-25

Those interested in the latest
and best binder on the market
should call at the Dakota lmple.
ment Company's warehouse and
examine the famous new John
Deere binder which is set up for
your inspection o-u
The Lemmon herald. (Lemmon, Perkins County, S.D.) 1912-1917, 1913-07-25
House for Sale

Being about to leave for my
health. offer my house and lot
for sale at bargain. Call on
Mrs Julia Goze. ]
The Lemmon herald. (Lemmon, Perkins County, S.D.) 1912-1917, 1913-07-25
Horses to Pasture

| am in position to pasture
horses. Good range and plenty
Of running water. Address NICI
KURT Showers. n. ID. 81
The Lemmon herald. (Lemmon, Perkins County, S.D.) 1912-1917, 1913-07-25
FOR FIRST TIME IN MONTHS
Former Justice Moody Is Taken Out
of Doors.


Haverhili. Mass. July ga marked
improvement has been noted recently
In the condition of William II. Moody
supreme court, who was compelled by
i'll health to seek retirement.
Sitting in a wheel chair Mr.. Moody
was taken out of doors for the first
time in two years. The attending
physician said the former justice
could go out of doors each day, pro
vided the weather continued warm
and fair
Friends hope he will be able tc
walk again before the end of the sum
mer.
The Lemmon herald. (Lemmon, Perkins County, S.D.) 1912-1917, 1913-07-25
SHOE CAUSES DEATH OF
LITTLE GIRL.

Starkweather n d, July %.
A loose shoe which rubbed
her ankle. creating sore, re-
suited in the death of Laurina
Vogeler. four years old, dangh.
ter of John Nogeler Of this
city. Blood poisoning resulted
from the sore. She lived only
five DAYS after becoming Ill
The Lemmon herald. (Lemmon, Perkins County, S.D.) 1912-1917, 1913-07-25
ST BOUND


Prompt attention; no de-
lay; money always ready.
See or write Braught In
vestment Co., Land Office
Bldg, Lennon.
The Lemmon herald. (Lemmon, Perkins County, S.D.) 1912-1917, 1913-07-25
I'll sllos in South Dakota

Pd' l"e South Dakota Regents of
n;g a'a',on have authorized $7OO
'' which to erect several un-
The Lemmon herald. (Lemmon, Perkins County, S.D.) 1912-1917, 1913-07-25

DIR. f. {. TOtten, Office phone
800. Res. phone 300. 2 rings.
The Lemmon herald. (Lemmon, Perkins County, S.D.) 1912-1917, 1913-07-25

Typewriter paper and ribbons
at the Herald Office.