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Show MBA vol: xxvl no. PROVO, UTAH, THURSDAY, DECEMBER 14, 1911. 123. ESTABLISHED 1885.. Eleven Days to MILUM THE BANKS BOUGHT ADVICE iORSf lie 1 If A In an opinion handed down by the supreme court yesterday after noon the drainage law passed by the last legislature is held to be constitutional. --This - enaetment was attacked by JohnLundberg in a petition for a writ of prohibi tion,-whi-ch he filed against the River Green irrigation district and J. H, Briscoe, G. E. Thurman and T. H. Nimon, as directors ot that district, and in which he sought to enjoin the defendants from negotiating, selling or otner - wise disposing of certain bonds 'which were authorized by the qualified voters of the district. Negotiations for the sale of the tire 300,000 bonds issue authorized by the last legislature to furnish funds with which to construct, me eentr.tr building of the. University of Utah were completed late yesterday and the delivery of the bonds is to be made today. J The purchase of the issue was made'ltErough State Treasurer David Mattson by. various local and state banks. The Issue; is to-- be divided among banks located througnout the tate, as in r the. case of the f 260,000 road band issue which was purchased by the State Bank of Ogden recently. The sale of the bonds was .made at par value with accrued interest. Treasurer, Mattson yesterday ; was preparing his special bond as custo-diag time, . of the funds, in anticipation ot "Thou shalt not spell home as pictures,L receipt of the money and as. soon as where thy not "Thou shalt forget all details can be completed the bonds find to be it whenunable Bible and is, U'lll Via tnptipd nvw und thft mnnM comes." minister paid to the treasurer,. The bonds wtfeAthe . v The opinion in the. cases was writ ted by Chief "Justice J. E. Frick and concurred in By Justice William M. McCarty and D. N. Straup. The con troversy between the parties was sub mltted to the supreme court for deter miration on the application of Luna berg and the demurrer thereto! The decision is of extreme import-- ance-- tomany irrigation projects, been held up on account of ( which have .. the suit ..Over a million dollars in - : . applcatioEfoJaaji4 hava .peefl mado land board, all of which, to the state on the .recommendation oAttorney , General Albert R. Barnes, have been awaiting the decision of trie court. Land Board to Mei. A meeting of the state board ot lanff,commlssioners is to be held on December 20 to arrive at a rmal set tlement on the contract between th blard and J. W. Hogan for work which he did on the Piute reservoir projcet and it is suspected that t he supreme court decjsfon on the drafiage law ;will also come.jip forconsideration at that time. Before any loans are made, how ever, the attorney general will be giv en an opportunity to thoroughly sat isfy himself on other legal questions Involved in the loaning of ihe state's money for "irrigation purposes. The 'applications now pn file in the office of the board involve the irrigatoin of ' over 100,000 acres ot land. Justice Frick, in his opinion, states company 4siound to have obeyed the law m the forma . tion of its organization and In the issuance of bonds. The "petition, for the writ is denied and the fiction ordered dismissed. Points Involved. ;7 7 - of The contentions t he plaintif t ; were four based pa points, as. followsi . ... 1. ' ; That chapter- - 7 V Laws of Utah, 1909, p. 144, as amended by chapter ' 63, Laws of Utah, 1911,' p. 70, violates . the provisioiis of section Tofarticle ... ; 1 of the constitution of the state which provides that "no person shall - be deprived of life, 'liberty or proper ty without due process of law." the same chapter vvenes section 22 of article 1 of the :t constitution, which provides .that "prl- vate , property shall not be taken or damaged ior public use without J just' ' v : compensation!" r , .' 3.- . That the same chapter also of fends against section 2 and 3 of ar- : y " Lth&L-inedefendaa- t r ,. j . , V' - - This sale makes the sum of 1300,000 immediately available for use in con structing the handsome and much needed central building at the university, and it is expected that actual work on the building wiir be under way when spring opehs. This is the second state bond issue that has been purcnasea wltnln a month by banks of the .state, and, as an indication of of fi nancial conditions throughout Utah, nothing could speak plainer. More than half a million dollars' worth ot bonds have been purchased, by state banks. Thus the interest and-p- rin clpal "are keptat home. . -- DATE SET FOR THE --7 RECEIVING OF BIDS -T- The board of trustees of the Nebo high school district has named Friday,, Pfecember 22, as the" date wnen it will receive bids for the constructionor the new high school building. The bids will be for the plumbing . and brick work; or,,in fact, the entire building, exfcept the .foucdation work, which is now nearing completion. The structure is to. cost $50,000 SEASDNS was set tortkrin the information that Villner Tad issued a check for J W TSrThe purpose of defrauding the Provo Couimercias and Savings bank, Sutherland Brothers, and Harry J. Jones. The district attorney informed the court that Villner had. already served one term in the penitentiary. He is al mailing-- BASKETBALL CAM E first basketball game of the season at the B. Tt university will be The played: Saturday evening- next at 7:3t o'clock""in the gymnasium between the B. Y. U. team and the Webei Stake Academy boys of Ogden. Reports from the local school are to exeel the; effect that lent condition and fully expect to win, - , tiretr-teanHst- in been practising hard and will un doubtedly make a good showing. Their adverserles are also In good con dition and it was the WeTer Academy team 'that gave' the local "boys Their hardest preliminary 'gamejast season Seatiafe capacity in the gymnasium has been increased and a large crowd Y. U. players ia, expected. . The-.-are: U- - Greenwood," V.: Greenwood," H, Weight, Bowman, Halvorson, Eggert- sen, and .Richards,. .. . .l strict court today; Mrs. Caroline Nelson, 53 years of age, a resident ot Vineyard,; was committed to the" state Mental hospital. The woman lias been at-th- e WANTS PROFITS FROM . BEES AND THE HONEY it the Fourth district court against Fred S. Dart and the - Stewart and Dart . Honey company, asking for an accounting of 32 colonies of bees and the .profits . of the same from 1905, when-thbees were leased to defendant over to the Stewart and Dart Plaintiff Honey company by - Dart. asks for the return of the bees or or the increase their value," and one-haof the profits produced from the bees. in fore Judge BoOtS' of the Fourth Di- county Infirmary for six months and. on Saturday last became violent insane. .She escaped from the Institution today and ran all the way from the infirmary to Provo and when in- e one-ha- lf lf . . tercepted the woman was exhausted. 8UES FOR DIVORCE. ; vald. - To avoid any, misconception, On the - grounds of failure to prohowever, wejlesire to tend to and do vide, Edna Warburton of." Pleasant divorce pass upon the constitutionality of the Grove commenced the dislaw in 'question only. By anything against Leland Warburton "said or omitted It Is not Intended to trict court today. The complaint sets foreclose any land owner from seek- forth that ' themarrlage took place ing redress nl the. court foi; any le- at Pleasant Grove, June 16 1909. The gal injury he may suffer by reason ot plaintiff. In addition to the divorce, the application of .the taw jn oies-tio- asks to be restored "to - her maiden name of Edna Pearl Kruse. J , suitjor i n. r in SPRIIICVIILE for-th- s - - 111 BABE BURNS v - o f E The opening exercises wnlch con- WILL BE slsted of music and brief addresses were opened by Governor Spry who VISITING delivered MOTHER the principal address of tho"" NAMED Governor Spry spoke on evenlng. The five months' old child of Mr, art and related subjects. He said that and Mrs James. Tayjor, Jr.j was burn; school had the ed to death Tuesday1 at their home on the" Snringvllle High" There will be no addition congressbesiT art exhibit of any high school the bench, about two miles northeast man named from Utah before the next of Lehi. Mrs. Taylor had left the lit- in the state. The artr gallery a.t the tle one asleep in a gocart near the high schoofhas over twenty "valuable regular congressional election. was stove and had gone to her mother-ln- : made by This announcement paintings " IS G0Fertr"wnHa.m Spry yesrdaOf:. lawiirpiacer ter'a thorough investlgatidiaanj after' consulting others in" regard to tne pos. sibility, or advisability of taking steps to provide the state with an. additional representative in the lower branch Of the national government, before the reilar election at whlcn, a second man will be chosen. anThe fact that Utah is entitled or terms the under other congressman "the of last act the reapportionment x congress, js well known, but no has been made for nillng this before the regular electlon.- place' The governor has come to roe conclusion that he has no authority to appoint a congressman, as that is an elective office, filled by popular vote He does possess the right to appoint a senator temporarily, but there is no right given him"" to appoint a congress, i-- pro-yisio- man. 7 n special session of the legislature tt provide for the election or a congress, man, Jtllabeldand juchproceiiure would not ber warranted considering the brlet time that such a man would serve. Hence, the governor announces that there will be no special session and no extra congressman now. - -- i SCHOLS PUBLIC i Scene From . 'Flower of the Ranch" f ft At. the Parker Teachers' meeting" this week a committee, conslting of Sam R. Brown, Miss Ida Coombs and fa-t- j at Opera House Wednesday" Night ,. following Utah artists; the late John Hateuy Donald Beaugard, Wary Teas- - ' dale, Edwin Evans, A. B. Wright Lee Greer Ricnardrfi Gr N. Browning, LII- - -Iian B. Connelly, O. B; CampbelLJCal-- ; . vin Fletcher, Jack Held, J. T. Har wood, H. R. Harwoocr, Edlty E. M. M. Young, Florence P.. .... and Naga Mukoyona Ware, Tanyl ' ' " yama. The state had offered ft prize of 30Jt ..forithe oest picture which will become the property of the state. Thel' publio schoola of Springvllie- will glr or n Mc-Gul- re, -- 7 a prize of $15 for the picture recelv-in- g the next highest award. Both pic. tures must bo the work of Utah art Ists." The prize ftwards will be voted upon as the Utah artIs3 visit the dls- play7 and the announcement ' of tho prize winners will be maae after' th total votels cast ; The exhibit will remain operiintIT December 23.""- - -- " - r- - Maeser-Parker- , Hickman,-Lester-ear- SCHOOL BUILDING AT REDMOND DEDICATED Superintendent of Public Instruction Cr Nelson was back in ws offlca yesterday after attending, the dedlca- new school building t Red- tion of ' ; - $t3,000.In thejV'ifJmond. Jlt6ry' TWO JUDGMENTS ENTERED., ,Two Judgments were, .entered. In. the today.' one jn favor of Pyank'jR.jSnowjbt, Salt .Lake and agajtist John M. Williamson, tor IHo.TO.the other In favor of Clfluet Brass Manufacturing company against the W. A." Williams Plumbing com' '-- them. pany of thlf city. .. -- ehter-tktne- ' V ' , 4 , ! " r - . -- .tho and . donated ; the surrpunaAs . ' their, time r hd. services id haul SOO j loads of.gr'aijj una dump U about tha t building to make a fino i grounds of play ground. Aifer this worjc naa peea : d completed theworkers "were at a banquet ht the board of education. Then" special "dedicatory" exercises weTfU'eld," fcuperinteudent Nelson taking a prominent part In : ; . A. moiid Monday. -.- v:'rt-'-.,-, new seboeffiost of TJie morning are.lln les bistricturtei:.. f" " .. Springyirte.iil . The display includeswork by tho . . fVi 8hWn."rj.r Hafen ,of the Franklin. MostoLthesa ; the "Sociology class. , -- , . JamesJ." t V -- : : -- -c- g , " . deliv-- . - - XX VelcottTe.was , . by Mayor L. D. Deal and a short turned the baby's clothing and the address by Edwin Evans, president gocart were on fire and the, little one L is was dead. It - - thought - that- - the oLlheUtalLArtltastltute. tho Prlor-texercises, o fire was started by' a Bpark from the domestic science lass or the ' high stove. When the mother found her child school have a- - banquet to Governor afire she grasped it in her arms and Spry and party whlcn Included Dr., George Smart and wlfeMr. and Mrs. ran screaming to Jiermpther-in?law'- a R. R. Irvine, Jr., of Provo, Mr. "and Mrs. . met her hair way. by home and was Pack-- '; relatives, who took the Infant from its D; P. Felt of Salt' Lake, M. V. v D. . L. N. H. Packard, Mayor ard, swoom a In in who fell Jhe mother, snow. She is ' almost"lnsanewlth Deai,. N". K. Nlelsonr superintendent :: grief. Less than one week ago Mr. of- schools, and, p.: C, Johnson of. ' and MrsTaylor had their home in Springville. " : Art Wort Lehl burned to the ground, the fire ' One hundred and ten paintings ar ' being caused by a defective flue included in the state exhibit, twenty in" the special gpringville exhibit and . in addition lo lhis there' is a special display of the works of the Jate John t J. O. Garett was appointed to compile a history of the Parker scnool. Any of the readets'Of thyiereia who have information as to former teachers and AFTER POOR BUNNIES. dozen of tne sports of the epoch making Incidents In. our history About for Cedar Valley this mon-in- g would do a favor by conferring with left city or with to indulge In. the passttme of any one of the committeemen killing rabbits. They left in automoP PrlnclpaTTT. IpVllsdnrTh, teachers ofhe Maeserf Frankbiles and while the cool breezes were not so inviting for tW ride, the party lin and" Parker schools have formed rather enjoyed it. They returned to tt Volley Ball League. The first game this city late in the' afternoon after a few days ago resulted. In victory for the Maeser In the game Maeser slaughtering hundreds of bunnies. vsrFranklln. In the game of the Par II ke,r ts FfahEIfn the result was. In of the Parker and in Jhe final ...... s " between the "choose-up- " " the against j former ,team were successful; Among the Provo, teachers taking college work at the Bngaam Young funiversity this yar are N. F, Wilson, Sam R, Brown, . Jv O. Garrett ot the Parker; C P. Olson, Ella, Maycock, r Olive Casto, Reld Beck or the Maeser; George Powelson, J. F. Wakefield, Mary Orser of the Tlmpanogas ano ri V ' ered .. It would require the Calling of a iylllali artistlr. Aadliess-of- mlnutes5a:Jw'nene'he re TTfteeh '!)"" 1 iu gifts today. Maeser-Frankli- tide 13, which proV'des thaf all prop ' MMMBMHW IM II Don't forget-fath- er or mother. Get their ? - -- ...i Instead of 100 convicts being sent to a' camp in the southern part of the ' state for the repairing of state roads, only fifteen will 'he sent. This was the decision arrived at yesterday by the state road commission after a conferIS STITOTE ence with Gov. William Spry. The few men are sent-fo- r the sole purpose oi keeping the equipment In shape for work in the spring. J ltwaa argued, that F ORMALLY OPEHED the heavy expense of maintaining a large camp would not be justified by the work whieh could be done Jn the AT winter time.. The convicts will be started southern part of the staw in charge of three guards as soon-aarrange Utah County' Represented and ments can be completed. State Exhibitorsiv; The special commiUee, consisting of ' Warden Arthur Pratt, State Engineer Spry Talks AV. D. Caleb Tanner and Beers, which made an inspection of the p.rpjjpsed "" convict camp in Washington county, The thirteenth annual exhjbl- was the "cause of the action of the tion of the Utah Art association joint meeting. was formerly opened In the as- - f The question of the appropriation of a part of the $260,009 bond issue for sembly room of the Springvllle road building tothet maintenance of High school at 8S o'clock Tuesday the plan was abandoned owing to ah evening and a great deal of inter- est was shown in the affair, there adverse opinion received from the attorney general. being more than six hundred peo- -1 pie in .attendance. . leged to haye passed "other worthless checks, both in Provo and Salt Lake. After pleading guilty to .the offense charged, Villner made a statement that fie had come here about three years ago from. New Orleans. Ml : erty shall be "taxed according to Its value,", and at a "uniform and equal ". .''-- . . rate." .". 4.., That section!"! of article 8 Is vlo lated In that Judicial powers are con- :i-Jerr- ed ontrary-to-tne provisions of . ' ' .. (said section. ' ....... in Tendering opimoa'thai rnoM of the contentions is tenable, the de clslon in part reads as followst"" r'TheMaw In some respects Is crude and may not be the best that? could .... oe aevisea to atum tne purposes to be sought accomplishes... Such 1T teeUll.'t&eKafeTanf,' however, must she remedied by, 'thefegislature' "aifI not Jbk' this courts. ; Such defects af, ford n ground for. holdinff a" law in .I.UI..I -- - . ... - ItrargrJt a IJEMIGRESS- -- . e Fl "rmantJavisrhas-commenced-sh- be- ' - . COMMITTED TO HOSPITAL. An jnsane hearing . conducted -- DEC. 14 roads g house-cleanin- tary oi aiate J. a. iingey. ' - - non-licens- n Christmas FIFTEEII PRISONERS Herman Villner, who was arrested last Sunday on the- etiarge of forgery was sentenced yesterday, arter pleaa-inguilty, to serve three years in the state prison. He was taken to that Institution by Sheriff JtVdd yes " .J J terday.. sentenced Before being Vjllner made a.pjfa for .ffiejcy, telling aJhardj "luck storyHe' tolii' of coming to this state about three years ago. ana while he .had been engaged n" different pursuits, he had. had difficulty in series of . , CPTC THREE YEARS "Ten Commandments for Wives," prepared by tne Rev. Al bert Hyde, pastor of the Porter Con gre'gational church in Brockton, Mass., is being circulated in printed form here. ; They are as rollows: "Thou shalt not marry for revenue or even to escape being an old maid After the marriage thou shalt not put on an old wrapper or wear, slippers ' run dotvn at the heels. "Thou shall not be a gossip. "Thou shalt not be out of sorts when thy neighbor- ,- in: a; limousine, smiles on thee in a trolley car. "Thou shalt not break down the law by serving strong punches at thy parties. "Thou shalt not forget the age of thy children in the public conveyance, "Thau shalt- - not let loose on thy husband on wash day or even in - M I 10 WORK Oil . THE LAW IS CRUDE UII PRACTICE ISSUE en- - Supreme Court Gives Boost to Reclamation Which was Hindered : . WIVES - FOR WASH MUD LARGE TO -- |