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Show Read What The Nephi Merchants Are Offering YouIt Will Pay You To Read The Ads And Then Buy In Nephi Patronise The Nephi Merchants VT.o Are Helping To Put The Town On 1 he Map-L- et the I7!oney Stay In Nephi Nephi. Juab County, Utah, Friday, May 4. 1928. The Times, Vol. 18, No. 18. Many Tourists To FAVOR Visit Utah 928 JUDGE RENDERS DECISION 1 OF JUAB COUNTY Statute of State Requires The Presentation of Claims To County Auditor Before A Suit May Be Brought X1 That the statute of Utah reqiur-inthe presentation of claims against counties to the County for Auditor .and Commissioners audit and allowance before suit may be brought is a mandatory statute and that no suit can be brought against a county until after a claim has been duly presented for allow ance or rejection was held by Judge Thos. H. Burton in a sweep ing decision in the Fifth District Court this week. The question was raised by Attorney Will L. Hoyt counsel for defendant in the case of John E. Aagard plaintiff vs. Juab County defendant in which the plaintiff is suing for some $2500.00 damages tor tne construction or a public highway across plaintiff's land. Counsel for the defendant raised the objection that it affirmatively appeared by the pleadings in the case that no claim for damages had ever been presented to the County Auditor or Board of County Commissioners and that more than six years had elapsed since the con struction of the highway referred to. Attorney A. W. Jensen of Ephraim counsel for plaintiff argued that the statute requiring that Every claim against the county must be presented to the County Auditor within a year after the last item of the account or claim accrued" applied only to claims arising out of contracts and contended that it was unnecessary for plaintiff to show presentation of his claim for damages for construction of the highway complained of. Counsel for defendant however, contended that the statute in question included all claims again st the county and further maintain ed that if the plaintiff's action was an action of trespass instead of an action on implied contract, then the case could not be maintained against Juab County since the county is subdivision of the State, and cannot be used in tort. Since the question raised in this case is involved in other actions against Juab County and is also of considerable importance to all counties of the State Judge Burton filed a written opinion in which he discussed at some length the statutes of the State bearing upon the point and also the decisions of other (Continued on page eight.) g That Utah will be visited this season by more tourists than ever before, is the prediction made by C. E. McStay, field secretary of the Automobile club of Southern California, following an extensive tour of eastern and middle western states. He says that Eastern tourists will flock to western playrounds by the thousands and in this movement Utah and California will share abundantly. The outlook for a busy year is therefore promising, and the people throughout the state should do all in their power to have things in a very attractive and presentable manner. The one way to get me tourists to stop in a town and spend some money, is to have every thing neat and attractive. So it is with the individual places that serve the traveling public. Mr. McStay was in Nephi the first of the week ,on his way to his While here home in Los Angeles. he spent a short time visiting with several business men of the com munity. Nephite Writes x i nr un l ax roDiem r -- 1 Mr Los Angeles, April 28. William Bailey of Nephi, Utah, ex president of the National Tax assocl. atlon, has written an interesting article on the public domain for THE TAX DIGEST, official publication of California Taxpayers' association. Mr. Bailey points out that, in the eleven western states, the public domain enbraces over 195,000,000 acres of land. He discusses four possibilities of what to do with this public domain: first, he considers whether the government should turn these lands over to the states; second whether the government should sell them in la.rge tracts at whatever price they will bring; third, whether the government should lease the lands in large tracts; or fourth, whether the government should set them aside, improve them, and hand le them much the same as the nation al forests are handled at the present time. "The public SayB Mr. Bailey: lands must be controlled, and that at once, if they are to be saved from absolute ruin, but the best method to control them is still a problem that might well be further considered. The public is thinking deeply upon this question and, when the Amer ican people think about a problem have it is not long before they solved it." ' "EVERYONE A WINNER" Funeral Services Held For Nine Month Old Baby IS SLOGAN AT CONTESTS Beautiful and impressive funeral services were held in the South ward meeting house Wednesday afternoon over the remains of Glenn Allen, the nine month old baby of Mr. and Mrs. Grant Allen. Dennis Wood, of the ward bishopric was in charge. The opening prayer was offered by Robert Lomax. The speakers were: J. M. Chrlst-enseJ. E. Memmott, President A. H. Belliston, and Judge T. H. Burton, each of whom spoke words of and comfort to the consolation bereaved parents and relatives. Music was furnished by Mrs. Winn. Mabel Lunt, Mrs. Florence -- Mrs. A. J. Crapo, Mlsg Ellen Cole, Mrs. Diane Booth, and Mrs. Rhea Beagley A large number of relatives and friends were present at the services and many expressions of sympathy to the bereaved were conveyed parents. Benediction was given by Dr. J. A. Booth. Interment took place In the City Cemetery, the grve being dedicated by Dennis Wood. The floral offerings were very beautiful. n, "Everyone a winner who enters and "participation for the joy and development it brings" will be the Improve slogans for the Mutual ment Association contests of Juab stake which will take place at the building Wednesday high school evenlne next. The contests will in clude drama, dancing, male quartet M Men's public speaking, gleaner girls public speaking, and inslru mental trio. In addition the stake male chorus and stake ladies chorus which are In training under the lead ership of Director Wallace L. Ma-tin preparation for the M. I. A district contests, will render their The respective contest numbers. winners at the stake contests to be hold next week will represent Juab stake at the district contests to hi held t Nephi on Saturday of nex week at which Nebo, Palmyra Tintic Millard, Deseret and Juab stakes will The contest selections In compete. the musical events are as follows: Ladies Chorus, "The Snow" by Elgar in quartet, "Mother" by Parks. Chorus, "Invlctui'' by Hubn. The contest one-aplay Is "The Rescue" by Annie D. Palmer, and the contest dance will be the M. A. "Gold and Qreen Waltz". Judges for the various events are to be chosen from each of the five wards of the stake. A lively Interest Is being taken In the contests by the Mutual Improvement workers and the contests promise to be among the best that have yet been witnessed tn this section. The contests will begin at the high school auditorium at 7:30 p. m. and a charge of ten cents each for admission will be made to defray expenses of the gathering. Male Male ct Service Star Legion Will Hold Meeting May 11th The regular monthly meeting of the 8ervlce Star Legion, will be held Friday, May 11th, 1928, at 3:30 P.M. It Is hoped there will be a good at tendance as la the last meeting before the summer vacation. Attorney Will L. Hoyt was In Salt Lake City Monday on legal business LEON GARRETT SEEKS STATE The News, Vol. Nephi B. P. W. MT. PLEASANT . Entertain Visitors TO PLAY HERE SCHOOL BOARD HOLDS SPECIAL AUDITOR'S POST SESSION MONDAY Formal announcement of his can didacy for the Republication nomination for the office of state auditor was made Wednesday by Leon D. Garrett at present chief deputy in that ofice. Mr. Garrett's name has been mentioned prominently for this office for1 several weeks past, but no announcement had been made by him until Wednesday. Many Republic cans of Juab county, also friends and supporters throughout the state, are indorsing the candidacy of Mr. Garrett for this position. Mr. Garrett is a native of Nephi, and attended the schools of here, later entering the Utah Agricultural college, from which he was graduated in 1920, taking his degree from the school of commerce, majoring in He also has a diploma accounting. from the International Accounting society. Following his graduation from the Agricultural college, Mr. Garrett was employed by the Utah Power and Light company at Logan, and later had experience in the teaching of commercial subjects. For three years he was traveling auditor for the state, making audits of the A special meeting of the Board of Education of the Juab School District was held Monday afternoon. Present: Harry Foote, A. H. Belliston, James H. Ockey, Alma C. Dalby, and Raphael Garfield. The principal business transacted was the approval of the annual estimate of expenses for the next school year, which is required to be filed with the County Commissioners on or before May 1st. During the day the members of the Hoard visited every school building in the district and checked the various items of necessary repairs and equipment that will be needed for the next school term. The estimate of expense for the school year of 1928-192- 9 amounts to the sum of $110,360.00. This is divided under the following headings General Control and Instruction. $58,850.00; Operation and Maintenance of School Plant, $14,650.00; Debt Capital Outlay, $7,650.00. Service, $15,650.00. The final budget will be adopted in June, when there may be some changes in the above totals. The Board approved the appoint different state institutions and state ment of Grant Gardner, as a teacher departments, as well as the state's in the district. Claims against the district were equity in the funds in the various counties, and he then became chief allowed, after which the meeting ad deputy state auditor. journed. Funeral S ervjees The Times-New- s Held Tuesday For Will Give Away Mrs.J.W.Sidwell Aviation Course were Impresive funeral services held Tuesday afternoon in the North ward chapel over the remains of Mrs. Mary Sinclair Sidwell, who died at her home Saturday evening. Bishop A. E. Smith presided, and the open ing prayer was offered by Jese Pay The following eulogized the life and good works of the deceased, re ferring to her as a wife, mother and neighbor, her loving qualities, and the good life she had lived: Wiiforrt J. Cole, James Garrett, Jr., President A. H. Belliston, and Bishop A. B Smith. The musical were: selections vocal solo, Mrs. Alice Crapo; vocal duets by Mrs. Robert Winn and Mrs. T. D. Davis, and Miss Ellen Col, xnd Miss Evelyn Bnough. The benediction was pronounced by Geotge Goble. and the grave in was the vine Bluff cemetery dedicated by Robert Garrett Mrs. Sidwell was born in Alton Pennsylvania, on June 14th. I860, and was married to J. W. .Sidwell, December 10, 1885. In addition to her husband she Is survived by four children, James Sidwell of Declo Idaho, Nina B. Sells of Hoosevelt, Utah, Loa S. Langenbacker of Mil ford, and Dean Sidwell of Nephi, and seven grandchildren. She U also survived by the following .isters: . Mrs. Ahnes Timon, of Montana; Mrs. Annie P. Kimball of Salt Lake; .Mrs. Christina Bowers. Mrs. Eliza Pay, and Mrs. June Gadd of Nephi. The following out of town relatives and friends attended the fune ral: Mrs. Annie P. Kimball, Mrs Sam Tobln, Mrs. Mattie Lmgen-backer- . Mrs. Edward Stromnem, Jr. Mrs. J. Hill Johnson. Mr. and Mrs. Stewart Bowers and family, ,Mrs Art Stromnes and Fern Langrn- backer of Salt Lake City; M, mid Mrs. A. J. Bowers, Jr., and family of Spanish Fork. Har.-.illon- FORMER NEPHITE DIES IN DELTA MONDAY Edward Ockey, former resident of Nephi, and well known to the older residents here, d'ed at Delta, Mon day. Funeral services were held In Salt Lake and a large number of rel allves from Nephi attended. Mr. Ockey was born in Nephi, Dec. 20, 1855, the son of Edward and Sarah Cole Ockey. He was a graduate of the University of Utah In the class of 1883. In 1894 he married Emma Loulso Simpson, who died about four years ago. Surviving is a son, Harold Ockey, and the following brothers and sts- ers: Willard J John, and David Ockey. .Mr. Nephi Jackson, and Mrs A. E. Webb, all of Nephi. For many years he lived in the 12, No. 18. The Nephi Business and Professional Women's dub was hostess at a banquet and program Thursday evening at the Forrest hotel. Ladies from the B. P. clubs of Provo, Ephraim, Mt. Pleasant and Gunnison, Sleveiyyl-fiv- e wtfre in attendance. guests were present. Mrs. A. E. Smith, president of the Nephi club gave an address of welcome, and then introduced the toastmistress, ,Mrs. Mary Belliston. A very delicious banquet was served. Following the banquet, a splendid program, consisting of songs, readings, and club songs were enjoyed. Each club furnished numbers on the program. At the close of the progiam busl-ne- s matters were taken up, and the Southern Division was organized for the purpose of presenting the proposition of holding the 1929 state convention at Bryce's Canyon. Mrs. Heulah II. Bowers wus elected chairman of an investigating committee to take this up at the coming state convention. Oratorical Contest Sunday Evening The finals of the Seminary Orator ical Contest will be held Sunday night in the stake tabernacle at 8 p. m. This contest has created a great deal of interest and friendly rivalry among Seminary students this year. Nineteen students tried out in the preliminary events and aJi have been eliminated but six contestants two first, two second, and two third year students in Seminary work. These six students will compete for first and second places of their respective classes. The awards for the winners have been purchased from the fund given by G. M. Whitmore" to the Stake Board of Education for the purpose of sponsoring an Oratorical Contest among Seminary student.. This contest has been established as a yearly event. There will be three first awards equal to $11.00 each and three second awards equal to $4.00 each. These awards consist of suitable books that have been pur chased for the occasion. All the speeches given in the preliminary contest were of highest type and all contestants are to be congratulated in their splendid performance. Along with the speeches to be given Sun day evening a short musical program has been arranged. All are invited ON MAY 23RD League Representatives Very Much Enthused Over The Prospects For Successful Sanpete-Neph- i B.B. League The openiug games jn the Suupete- Nephi baseball league will be played at Ephraim, Manti, and Nephi, on Wednesday, May 23rd, according to the season's schedule adopted at the rsguar meeting of the board of con trol held at Moroni Wednesday evening. The schedule calls for ten gamea at home and ten games away, during the schedule, with no games being payed .'during the waek .of May 30, July 4th, and July 24th. Members of the board of control of the newly organized league ,are very enthusiastic over the prospects for the coming season, and they report that in each of the towns, the ball players are now practicing practically every evening, in preparation for the opening games. At the Wednesday evening's ses sion a number of vital questions were brought up and solved by the board. The treasurer reported that all of the clubs had their $50.00 forfeit money deposited, with the exception of one club. The of the organization were gone over' thoroughly and several changes made. They voted to let each town sell fifty season tickets, and keep ,the money in the club's treasurer, and if more than fifty were sold, forty per cent would be turned over to the league treasurer, to be divided between the other five clubs. The split on the cash taken in at the gate will be 60 per cent for the home team, and 40 per cent for the by-la- visiting team. The Times-New- s will give a $75.00 The matter of hiring umpires was course in Aviation to the young man taken up, and each, club was In who best tree for the Nephi qualifies structed to furnish the president of scholarship. The rules of the contest the league with a list of three names are very easy, and with a little studyto be called upon to officiate at or in student the third fourth any ing The price to be paid um games. school should qualify. The year high in Sanpete-Nepthe pires league is rules are as follows: 1st, Answer th-$2.50 per game, plus the necessary ten not following questions, using traveling expenses, but not to ex more than ten words to each questceed 10c per mile. ion; 2nd, Write an essay on some The following is the schedule of aviation idea, description, etc; 3rd, the season of 1928: FIRST HALF Bring these essays and answers to on or The editor of Thr Times-New- s, Wednesday, May 23lh. Mt. Pleasant at Nephi. before May 9th. Moroni at Ephraim Questions: monoFairview at Mantl. 1. Name two commercial Friday, May 25th. planes and two commercial biplanes. 2. Draw a streamline object. Nephi at Fairview to attend. 3. What is a longeron? Ephraim at Mt. Pleasant. Manti at Moroni 4. What are airplane wings cover ed with? (Continued on page four) 5. What famous polit first flew REMOVAL OF FENCES over the North Pole? 6. How IS VERY IMPORTANT Literary Club Urge Citizens has a many cylinders "Wright-Whirlwind- " motor? To Build Porch Boxes 7. What is Kelly Field, Texas, and what renowned aviator was trained The Ladies Literary club are very Of the recent projects considered there? desirous that their part of the clean- is none for the of Nephi, beautifying 3. What oil did Jensen use on his campaign be put of greater importance than that ot of over, and ask the trip to Honolulu, and why? the of fences. removal unsightly home-owne9. What is the "stick" used for? in the movement. The No home matter beautiful how a 10. Who is the famous "Dawn to Ladies have the "Porch Boxes" as may be, its attractiveness is lost If their Dusk flyer? part of the big program. an is it surronded dilalidated old, by Some suggestiod titles for Essays: During a recent visit to Nephi, fence. 1. Why An Airplane Flies. 2. In Emil Hansen, landscape artist from It is gratifying to not that many herent Stability of an Airplane. 3 Utah Agricultural college, sug the 4. Aviation of Nephi's foremost citizens are add gested that where it was possible a Wine Construction. to the value of and their beauty Motors. 5. Beginnings of Aviation ing long porch box would look better homes by removing their fences. The than 7 6. Building the First Airplane. home-owneare to be congratulated also two or more short ones. lie Health, Clean Living, and Courage in for the that the porch box pride they have take in not shouldsuggested 8. The Lone Eagle. 9 Aviation. be the same color as painted own in the property, but The Spirit of St. Louis. 10. Training only their outside the of the house. worwork at Kelly Field. 11. Notable Feats of beautifying of the city.no In discussing flowers that are matter how Improvement Every Aviation History. Or any title you recommended for porch boxes he It seen to adds may the insignificant prefer. stated that geraniums, petunias, men in Nephi are beauty and attractiveness of Nophl pansies, or any kind of hanging All young citizen any loyal Every appreciates eligible to enter the contest, and the movement which Is for the beautlf- - vines, like Wandering Jew, etc. He course will be given by The Air Ser also stated that a hanging basket, vice and Survey Company, of Salt ication of the town in which he lives always looks good. The Ladle Lake CHy. The Ground course, or Every loyal citizen hopeg to make Literary club especially asks those Utah. of the With Nephi spot beauty the $75.00 course includes all of the who had porch boxes made other this as an ideal every worthy project preliminary training neccsary before that is undertaken to reach this good years to plant flowers In them this a young man can fly an airplane. In They are asking all others receive will and season. consideration the the course they give not less than to have boxes made and do their owners. of support property one hour actual flying instruction. in making Nephi the City BeauIt has been suggested that those part The editor of The Times-New- , tiful. zone within which extends the living together with Geo. D. Haymond, and four blocks north and four blocks S. E. Forrest will act as Judges and T. O. Durham Resigns will award the $75.00 scholarship. south of Center, two blocks east and one block weHt Main of be Street the As Coach At N. H. S. The Red Raven planes will be in first to lead out In the removing o Nephi on .May 18th and 19th, and at fences. T. O. Durham, who has been emthis time the student receiving the unsightly In the enthusiasm' for beautifu ployed as coach at the Nephi high scholarship will be given some of the hmes and yards let us not forget to school for the past eight years, has preliminary work. Mr. Stubblns, of the Red Ravens consider the condition of dur fences tendered his resignation to the board of education, and will leave the stated that a good portion of the 30. Earl Garrett teaching profession at the close of preliminary work In the Ground of PROVO, a April commercial college stu the school year. Nephi, Mr. Durham has course could be done by correspon of dent Young university also been a teacher In the Junior Brlgham dence, that Is, providing the young was today given an award In the high school during the past eight man could not get to Salt Lake to form of a ring by the Alpha Kappa years. Mr. Durham has not definitely take the work there. Psl, honorary fraternity, for high made up his mind what he will do The presentation was In the future, but In all probability and at Draper. Utah, where he was scholarship. made by President Iiwry Anderson he will return to school the coming active In church work. Thirtlenth ward In Salt Lake City of thn Alpha Kappa Psl commercial year, and complete a course tn j . hi rs rs fraternity. dentistry. |