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Show THE SALT LAKE TRIBUNE; 'TUESDAY MORNING, DECEMBER 13, 8 1921. IT Oral Opinion of Supreme Idaho's Institution! of HighCourt in Mandamus Case er Learning Receive Ap Is Further Elucidated. propriations for kthe Year. i Legislature Failed to Fro vide Methods of Reduction tpftciil to lh of-th- ad-o- ua The written opinion of the supreme n oral decision court in accord with handed down a short time rr'or to the November elections, was fjed yesterday In the cue which sought Jo decide by mandamus proceedings whether Murray Is a city ef the second or the third claaa. The population of Murray is leas than 8000. though it is practically admitted that Jt had, that population In 1605, when it became a city of the eecond class and assumed control of its own school Ths last legislature required system. that before a city should be a city of the second class 4t should have 70(h) population at least, the law being parsed, s understood at the time, in the attempt to permit Brigham Citv to remain a city cf the third class and to have the assistance of the county in the auppoit The leg.slature attempt-e- d of its schools. by special proviso to permit Mur-'ra- v to remain a citv of the second ciaas This- prflviyj wee held hv- tne npir.ion of to Harvey H fluff, attorney be unconstitutional. - - Court Opinion Stated. -- 12 Budgets for BOISE, lor the higher educational Instituthe aa Just meeting by tions, adopted atate board of education, are closed e 1, for 12 those than invariably smaller acthough in most Instances according to a summary of the Board tions given out today by Dr. Enoch A. The Brvan, commissioner of education. board completed It session today. Following are the totals of the budgets bv the board for the coming year on comment with the commissioners each Of 3547.744. this cf Idaho. tnl'v'lfy trot 82W 864" ta pard from fit at mount, taxation. University extension. l!2B,9ftl. aa compared with 134 47 for 1921 Rea favorable ports to November balance In th expenditures of all. schools and departments Some shifts wuialbe made, but the entire expenditures w ill be wKhin the 1921 budget appropriation. Six faculty additions are contemplated in economics, modern languages, Fnglieh, economic science, physics and civil engineering Idaho Technical Institute 1121,376 61. A rut was for 19J1. against 153,779.60 made from the I'd budget to meet possible redui tions inloteiest receipts ''The Tech will have clou sailing to complete the b'ennlum within Its appropriations, but will undoubtedly do so. Expendurea for ,the- - current year were v:thin,.lhe budget, and the receipts from miscellaneous sources were larger than 'estimated. Athlon Ptate Normal, 376,761 for all purposes and 415,685 19 placed In reserve, Crcertalpty in regard to the removal of the erhctol to Burley made it inadvisable entire anticipated to approprtsts th revenue. Tf theTtiJunctiohsfTied Ty AIT' blcn citltens Is gi anted by the court, the reerrve sum will be expended for repairs and improvements needed at Albion, if drnted, it will bo needed to meet expenses incident to the mve. Expendi tures for 1921 were within the budget. Lewiston Rtate Normal, 3116.934 for all purposes, as against 1130 529 for 1921 Expenditures were within the budget this year, and the total amount available will be sufficient for next year. Industrial Training school, 120 737 for all purposes, corresponding to a total foa 125 028 1911 of This total for 1922 in chides 87 59 for salaries, which will ap be sufficient, hut the approprla partntly tlon seems scant for food, clothing and fuel needs School for Deaf snd Blind, (0 560 for salaries and 20,745 for other expenses 1922 of City Rating. - Tribal). Idaho. Dec. After that opinion had been g'v'n out, Richard C X'wer nd other candidates juf.-party -- Winch.. had..(ggen.Ued ...at g mass meeting in Murray, brought the mandamus proceedings against W, J VV aren.kt, as city recorder, and the city commission of Murray to require them t file the petition and to conduct tbe elections as for a city of the third, rather than of the eecond class. The supreme court held the hearing, and announced a decision adverse to the petition. Yesterday the reasons were announced. "The legislature,'" writes Justice S R Thurman, while scrupulously providing for the method of procedure bv which a city of an inferior class may be declared to be a city of a superior c.ass, and clothed with authority to err aa such, has utterly failed to provide a method bv which a city of a superior class may be reduced to a city of an inferior class." In view of this fact, be argues: ' instead of it being the plain duty of the city officer to atsum that officers ,of a third class city should bs elected for Murray City, in our opinion I', would have been presumptuous on their part to have attempted to provide for the (flection of such officers ' The court finds that piandamus proaffoid the proper lem-edceedings do not bv manstating. ' In a proceeding damus, tlie dutv sought to he enforced must be p'a'n and clear and not open to serious question or doubt " t. pa-s- -- -- y Accident, Washouts, in Washington Do Damage. Heavy SEATTLE, Wash., Dec, 12. The worst flood In jeais held sway in western Washington tonight." Ten persons are. known to have been killed, a number of other pr Injifred and heavy property damage has been done bv railroad accl dents and landslides due to tbe 4er. Heavy lalns, etartlng Saturday fWd i onfinulng to the present, liav e sent rivals out of their bauks, washed out bridge?, lorn through railroad enitank-ment- s and lnteriupted rail and wiie communications In many directions Weather bureau offllat held out no hope of rcllaf for tomorrow, the foiecast being for further heavy rains .The preat Tacoma from Saturday cipitation morn ink to nodh today measured .five Inches At Bellingham three inches of rain fell in ten- - hours and the fall was continuing Wsjrm weather helped the rslns "bring down snow water from the hills At he highest -- polnb on " the Stampede, Northern Paclilo line, the thermometer registered 7ft degrees today, and trainmen said mwl ot the snow had vanished from the west slds of the Cascades InundsHon of a large area was feared as a result of a Jam of flotsam behind wreckage of a Northern Pacific train in tne Miller river, snd workmen were busy trying to i e iixn ihe wreckage before ths river Wa4 dammed up enough to crash through the jam suddenly and send a dsrgeroue body of water to overflow near-b- y farm lands. Two lives were lost whn the -- train plunged, through the weakened bridge, by the floods Ip the Grays Harbor region flood con- - "ntp Wla t WcTiave moved to one department with only one entrance and mutt reduce our mammoth stock to make .room. This tremendous sale comes just in time for the Xmas shopping . . READ PRICES. . COMPARE WITH OTHER PRICES . Ladies Values to $15.00. : Men's Heavy Weight -Union Suits, $1.35 Suit ; " A special valine. 49c, 79c, 98c, $1.25 Mens Pair Children's Felt Slippers, 95c Pair r Mens Cotton Sox, $1.05 Dozen Silk Hose . BarringtoiyiTaU Near Aberdeen four persons were killed and several injured in two logging railroad accidents caused by landslides. Latest styles ; values to $12.00. Ladies High Grade Mens . and Ladies Fell Slippers, $1.00 Pair a pound of Men's Wool Sox, 25c Pair . ol $4.95 Each $3.S8 Pairv ! Taketiomp The Baker ised CoJ big- All-Wo- Skirts, All colors; all sizes; Louis heel. The gest bargain in town. TorudKf Ladies Shoes All-Wo- ol Mackinaws, $8.95 Each- - Children's Triple Knee, Heavy Weight Hose, 25c Pair -- Mens Brogues Worth twice as much. Ladies' and Childrens $4.95 Pair Men's Felt Hats, 98c Each Cotton Hose, Boys Heavy Caps, 2 Pairs for 25c 49c Each With ear flaps, ABERDEEN, IVash., - Dec. 12 Two men. a woman and a baby are dead and two men Injured, one perhaps fatally, , at a result of two slides on th Clemons Logging company a railroad about sixteen mil's south and east of Aberdeen. A Big Assortment All sizes, 1 to 6. The first slidt carried a logging train AH-Wo- pl engine and a number of cars 200 feet down a eteep embankment, killing outright the engineer, hi wife and baby and Inlurlng two brakemen. Th Sheep-line-d second elide, half an hour later, killed one Just the thing for Xmas; $8.00 member of a railroad construction camp rescue rarty which had been hurried to Sheep-line- d Plea values. the scene, Injured another and left a third igs vet unaccounted for. The dead are GERALD WILLIS, 25 years of age. loINJURED IN CHEMICAL BLAZE. comotive engineer in McCuistion - Case, MRS. PE A HU. WILLIS, 25 PASPAIhV N. J . Dec. 12 A scoreof THE workers were burned toJav In lighting a BABY OF MR. AMP MRS WILLIS (Ire which followed an explosion in a unit of the He den Chemical works at. GarERNEST OLSON, 5, construction camp v laborer field, a suburb of this citv. The Spec!. I to The Tribune. The slides occurred between 1ft and 11 structure was destroyed, and at 4 BRIGHAM CITT, Dec. 12. Former , o'clock. An earlv train, carrying between q" clock the lire was still biaz ng fiercely. forty and 50. rr.gn to camp, passed over Deputy Sheriff Charles McKellar of Tooele . . who and the shot county, track safely instantly FIRE DAMAGES HOME. All sizes; Louis heels. killed William McCuistion in west Fire damaged the roof of the dwelling nf George E. Sperrv at 615 South. Fecnnd 7, November county pleaded guilty -Confusion May, Result AVeatn a:rcet yislcrdav aflirnoon lo the to voluntary mansiaughter ln the First As to rerredv. ilie decision points out extent of 300. The occupant Is George dlatrlct court today and was'sentenced to a. lh supreme ciurt is not requ red E Orton. The lotut l covered bv Insui from one to ten years in state prison by The contents were not damaged. o suggest whcthei or not some other ance. lemcdy might be puisued whereby hjur- Judge U B. Wight of the Third district may be declared to be a city of the oourt, sitting for Judge A. A. Law of d c,ase, as Indicated by Its popu- - this cplnlon tp determine the constltu-Vona- l this district. i on presented question All sizes, 3 to 104. ve kugge-- t, however," continues, the As regard the constitutional question, .MoKellsr originally was charged with without assum'ng to decide the whde the petitioners argued that onlv murder in the flrst degree, but last week, i iin in advance, that anv attempt the saving clause applying to Murrav by consent of District Attorney Leroy B. ,.f oml ah such result without fur- - was unconstitutional, the detcndania conYoung and County. Attorney W. E. Davis, some If method tended that this clause were not upth murder charge was reduced to volunt;iaatlon pi escribing when held. 'the whole law enacted by the IP.'I nlerly Indicating proceduie. tary manslaughter, with the understandJ how a Jf the change from one class to the leg slature waa unconstitutional ing that JvicKellar would plead guilty, Delta other mav be effected, might lead to courts were to rule that to be the case, McKellar, with three friends, all on the siatua net omy of Murray, but also mvtrlcabi confute n resulting In a horseback, met McCuistion and another on not contemplated by th framer of Brigham Citv. would be in doubt, inman in a wagon. McKellar and Modula- . in 1920 by U. S. of" the ronstltutk ii when they adopted asmuch as Murray now has lees than SOrtO tion, it Is said, became involved in an tlie provision req.i'rtng elassifloation to population, vet la a city cf the eecond over a missing calf, which altercation All sizes. b n prof or. ion to popu'atlon. class, and Brigham City has more than McKellar alleged was among cattle be!' Mi'v the dec'-'o- n 5(160 population, aaserta Brought jet lg a city of the third longing to McCuistion, McKellar is said hnv not deemfd It necessary In class. to have dismounted from his horse and -. . taken his rifle from th holster, after McCuistion taunted him with tha whkh All . ages. Men's-HeavReleased in San from rr.aon Quentin - 0.-- D. -- GXS2E y A Complete Line Califoin a. where he served a term of a McKeilar fired and Modulation fell dead All-Wool : car for grand larceny, Vessie Haden, In the bed of the wagon. Later McKellar said that he fired when formerly of Delta, has been brought to McCuistion made a move A reachbargain. Fair Lake and will be arraigned within ing down In the wagon foraa.a ifweapon. the next few days in the t'nlted States McCuistion was found to be unarmed. 15YIuidI)racfci? Content Vrt d strict court on a After the announcement last week that d charge of forging a government check He was delivered to the charge against McKellar hid been to voluntary manslaughter, vigreduced" the United States marshal here bv Deputy In regular weights, Standard Marshal Lawrence Collins of San Fran-cts-- orous- pro'ests against the action "were Infants and Children. who brought h'm here from that received from citizens of Moniello, Nev., makes. New stock. citv. He Is being held in the county the home of McCuistion. and 4h rfatter Jail was taken up by Attorney General Har-ve- v H cluff, who counseled against the An indictment was returned in Salt A snap. egain&t Haden by the federal grand reduction of th charge. The district atJurv on August 21. 1920. following n torney and county attornev, however. Informed the attorney general that th case conducted by tv H. Davenport, who was formerly in charge of the had gone too far for recall and that they Salt were convinced the anion taken was for office of the I nited States sfrvice Further action in the case the best and more likely to serve the was delajel at that time, when it was ends of Justice. learned hat Haden waa held on a state alcohol-- 3 per CM The attoin'V general then advis'd the charge in California. San Quentin authori- prote-twr.- ls that he waa powerlese to pro--cAVe$eiaWcIVcparatifaM , ses were notified, after, he had been further 2 onv icted. to hold him for the governgiouIaliulilicFood 7 Davis H btlne of Ogden, representing Bowels I s tmfitheStfsnacfH-MKment upon expiration of his term there. McCuiations family, l alro w.s .heard It Is charged that Haden forged a check briefly preceding the passing of sentence for 24 95, drawn by a United states army on McKellar. Mr. Stine suggested that In favor of William E Stratfurther proceedings in the case be depaymaster ford an enlisted man. It was passed by layed pending a fuller Investigation, and 5FW Promoting Di4rttt. Haden on Albert E. Bloomquist In a drug be also suggested the calling of a grand Therety 1? Cheerfulness and RrttCofcffi store at Delta, according' to th Indict- Jury. ment. ' . Judgp Wight stated that the countv atMcrpbmenw neither Opium, Efforts to obtain a dismissal of th torney and district attorney hid acted NARCOTIC ''"if conthe "Haden of after ehaiges within here, had been scope Our Men's Department has been moved into onr Main. Department their author neraL NOT entirely victed and sentenced in California, wers ity in reducing the charge when they bem de by the accused In letters received came convinced that the reduction waa MtfOUlr last spring at th United States district proper. sttornev office during the term of Isaac Reference waa made to the fact bv the Blair Evans. Haden referred to his long district attorn. v that the case was no war identified yesterday as having been s3Va will b taken up. . The 'erection of superarmv recird and sent letters from army longer one between McKellar and power companies, the amendment of the stolen from the Diamond Hardware com officers under whom he had served. A but between the xiate of Utah federal lower act. setting up a eeparat pany's stor at Twin Falls. Idaho, accordletter from a minister who had visited the and McKellar, and that after examining commission in charge of water power de- ing to Sheriff C. Frank Emery. Prepara prison asked clemency foi; the accused, witnesaea. he had decided that n would the financing of projecta tions are being made to extrsdlta Clark to convict McKellar of anyvelopment. stating that hla conviction "in that state be impossible had "taught him a lesson. aid, and other important and Jones on a charge of burglary. thing in excess of voluntary manslaughter. Dec 12 The millinery store with government EOGnof this In was was view big subject will be disThis of the fact, the nf Mrs" T H. Peterson at Trenton phase partly AhclpfalKemedyfcr district attornev added, that the two men burglarised early Sunday morning. Nearly cussed." give social. , had been friends preceding the tragedy. of cloaks, wraps and other A card social will be given Thursday ,300 worth womens LOOT i IDENTIFIED. wearing sppsrel was of I at o'clock at the Elks' elub tvf night Through Prise are to lie -taken. Knives, flashlight an rasors taken F,lks and their friends will be served a and luncheon Sheriff Miles V Peterson is very much when Jones Walter light Clark and given one from Frank A special train of seven baggage cara tgeaitanCtherefroraanla concerned over the robbery, which iscomwere arrested at Magna two weeks The entertainment I under the direction they recent of burglaries e. succession of under bon dand loaded with oriental silk ago by Deputy Sheriff John Hancock of the regular entertainment: committee. J1 mitted in the county. Tha thieve were yscitule Siniuaw As,- proteat against rax'ng Focial hall evidently aware of a trap aet for them qrder bond and loaded with oriental silk S'rong c Jav window in th tp the and broke Into a aid yesterday, en route to New Yoi k. The was voiced In a ofletter addressed tiam came from San Francisco over the first presidency and the L. D. 3. churoh Peterson atora. rather than by way of ifv the officers chairmen of committo which there over left Pacific doora. and back Western Denver or the the front jCntTMaiGom and Rio Grande Western. It was sched- tees Of the Daughters of Utah Pioneers, waa an alarm attached which had a conat the Resident of met church who administration residence. uled to make Pueblo in twenty-on- e hours nection with th When food is onlv imperfectly digested, leaving from Salt Lake, and from there to con- hullilln yesterday afternoon. Mrs. Flora the town beard an automobile B. the Horne, president of association, tinue as a special train over the Missouri o'clock in the marning. gives rise to fermentation, clogs the had charge of the meeting of the acsocia-tlo- about Pacific snd th Pennsylvania lines. of which Mrs. Maria Young Dougall. D S. Spencer, general passenger agent and renders the blood impure. bowels, of late the President a for the Oregon Short Line, returned yesBrigham daughter to la honorary president. This terday from Riverside, Cal , where he Young, results in dull eyes, mnddy skin of A leading pioattended the sessions of the Leagus of large representation neer families of the state was present at , Southwest. the and other disfiguring ' blotches, pimples Exact Copy of Wrapper. The speakers, discussing A gradual cutting down of the working the meeting. TMt eiRTAUH COMPANY, NCW VONK CfTY. with Oscar Blaney charging the destruction of Complaint th of proposed Pills act immediately j forces of ail of the railroads la said to be marks. aubject and wuth iUWWgHggj hall, pointed out that this is one escaping from the state prison going on and to have reached the roads Social were Issued by landmark of the state and that an assault on a guard E. on and bowels ; regu j the liver stomach, entering Salt Lake in a small wav Dur- of the Moreton yesArthur ing the last two weeks about fifty men the association a aim Is to preserve auch County Attorney is found guilty, h in vigorous them late them and terday, If the prisoner have been laid off by th Union Pacific structure. keep will be compelled to aerv from three to different departments at Salt sjatem in about sentence additional ears' condition. are harmless and ) mild, twenty They a like j snd have number been lake Blaney and Ed Harris escaped from th14 laid off on th Denver end Rio Grande September prison on th night of was dependable. They are, compounded of i Western. In ail cases, however, it is unElection state captured by scalingIn a wall. Blaney derstood that th men will be reemployed remedies of vegetable origin recent'v Aubuquerqua, N. M H was a as soon aa condition warrant such acahot and ktllad Officers for th ensuing year have been member ofGtheB gang which tion, last great medicinal value. February. Hamby Detective sleeted and Installed by the Ladies' auxNo. Brotherhood Saltali lodge ,494, iliary, EPHRAIM WOMAN DIES, of "Railway Trainmen. peeisl te The Tribes. Scarlet was elected president, Jennie Take agood dose of Garterti EPHRAIM, Dec. Alice Flood: Evelinda Currv, services in were held this afternoon for Mrs. Thomas succeeding then take 2 or 3 for few nightMfter. Hssel Sorello, secretary, rlc H. Lund, who died of general debility last Minniepresident: treasurer: Anna Hulllvan, Hock, They deause your system of all waste Friday. Mrs. Lund was born in Denmark chaplain : Rerih N. King, conductress, Goverror Mabey yesterday received an eighty-thre- e years sgo. She Joined th Emma Byers, warden; Fern Lewis, Inner invitation to be present at, or to aend matter and Tour Eeweb. Mcrmon church when a young girl end guard. confsrenc of th delegate to. a two-da- y Mild aa easy to take as sugar. Sold came to Utah In 1860, walking from FlorMinnie Hock waa named as delegate Water Power League of America, to be 10c 12 piUs I ence. Neb., to Salt Lake. She ta survived and Jennie Scarlet as alternate to attend held In Nw York on February 7 and 5 25c x everywhere pills th May convention to he held in Toronto, by three sons and two daughters, twenty-sithis "At conference," writes Frederick A in boxee srandchlldren and five Canada. Th next meeting of the auxil-la-- y T,. Iavng, secretary, "the whole subjectyof 50c pUls will berirt the K. of P hall. January 7 power development In tbe United Stores Boys' Shoes Ladies' Sweaters $1.95 Pair Men's Leather Vests, Vests, McKellar Changes to Voluntary Manslaughter the Coats Mens Army Last Work Shoes, $2.69 Pair $3.49 Each . four-stor- Ladies Slippers Box-eid- Men'i Silk Shirts, Ladies House Aprons', $3.95 98c to $169 Mens Ties, Garter Sets, Suspenders and $2.49 Pair Children's Sleepers, All Sizes, 79c Childrens Scuffers A Big Shipment of er -- All Xmas Sets, Specially Priced -- 1 HELD FOR UHL Ladies' Handkerchiefs in Xmas Boxes $1.49 Pair Boots- Childrens Knit Bloomers, 25c Pair $1.95 Pair Childrens Bath Robed ' - Former lt-- vt Jury 'e ?35a K Childrens Red Top Man Indicted Grand to Salt Lake 22S2 C or Childrens, Mens and c GASTORIA ii Mens Caps, Ladies' Rubbers 198c Each Childrens Red Wagons, $2.69 All Kinds of Toys Specially Priced $1.98 Each Shirts,' Mens Leather Gloves, 89c Up $2.$8 - For Mothers 55c to 99c That Genuine Castoria Krio v se-r- et Always . e'd Bears the Signature W MB ONLY ONE ENTRANCE of Use 33 Train of Oriental Silk Passes Salt Lake For Over 256 SO. STATE. elks to Daughters of Pioneers Plead for Social Hall Beauty Hint for Women n, Face Charge Blaney of Assault Upon Guard For clear bright What to flaks for Beechams a eyes Auxiliary of Trainmen Holds Annual DMSOTATPSEI it akin and ITTLE iVER PILLS Pants, $2.49 Pair 9 es Thirty Years little Urer PC a Mens Heavy Wool Burglars Make Big Haul From Store at Trenton In nusorSixir Boys Leather Scout Gloves, 49c Pair having, Utah Asked to Take Part Power Conference I2.a-Funr- Regulate 40 90 1 N |
