The Ekalaka Eagle (Ekalaka, Mont.) 1909-1920, May 18, 1917, Image 1

• • • c , , • VOLUME IX. 4.1y: EKALAKA, (CARTER COUNTY) MONTANA, FRIDAY, MAY 18, 1917. NUMBER a Local Happening Of The Week A nice line of Millinery at Holt's. Frank Voss left Monday for a business tiip to Butte. Jay LeWis of Lakeside was a visitor in town Tuesday. F. M.:Dworshak \made a busi- ness trip to Baker Tuesday. Win Rogers spent Monday evening in Baker on busineas. Bob Yokely was in Town Tues- day from his ranch out east of town. John Hazelton of Baker was here Wednesday on a business trip. See Lake & Co., Baker, Mont. before you sell your hides and Pelts. tf For Sale—About 1500 bu. of good millet seed at 4 cts. per lb. C. E. Parks. Mrs. M. Meyers of Midland was here Tuesday having dental work done. F. A. Tower - was a visitor in town Tuesday from near the Yokely ranch. House for rent, furnished or unfurnished after May 16. —Mrs. Mary E. Owens, A five pound boy arrived at the home of Dr. and Mrs. G. A. Ba- ker on Monday. R. B. Lowry, treasurer of Fal- lon county, was here Sunday for a few hours' visit. A few registered Hereford bulls, coming two year olds. — Paul McLean, Ekalaka. Notice—I have oats for sale at my place 4 miles northwest of Ekalaka.—C. A. McLean. Wm. Lang of Baker and James Hunter of Miles City were here Tuesday talking business matters Mrs. Henry Albert and child arrived Tuesday trona Danube, Minn., to join Mr. Albert here. Write and let us know how many hides you have and we will quote you prices.—Lake & Co., Baker, Mont. Ray Reese has gone to Illinois for a visit with relatives. Henry Albert is assisting with the work in the Grant & Fuqua office at present. Mr. and Mrs. Chas. Whitney and Wm. Russell left Tuesday for Pierre, S. D., to visit relatives for a few days. I have leased the Ekalaka Ho- tel and have the same now open for business. Your patronage is solicited.—Mrs. E. Priminer. - I have for sale at my place five miles northwest of Sykes, some young bred sows, some will have pigs in May, some in June, and some in July. Joseph Kurpis, Ekalaka. 3t Chas. Glysteen, Leo. E. Car roll and Lyle Courtney of Ran- dolph, Neb., were here this week looking for farm and homestead land. They were making the trip overland in an auto. The new series of hunting and fishing licenses are now on sale at the Ekalaka State bank. The first license was issued Monday to a member of The Eagle staff. 200 head of high grade Here- ford cows, 3 and 4 years old; 30 head of yearlings; 10 head of Al bulls. These are all native cat- tle in good condition and will be sold at prices that are right. —J. W. Grant, Ekalaka. Found—This side of Hidden, water on the Baker road, a box containing some horse collars and harness. Owner may have same by paying for this notice or call- ing for property. —Fred Oberlin, 8 mi. si,v of Ekalaka. Wm. Walsh of Ansonia, Conn., arrived Saturday for an extend- ed visit with friends in this sec- tion. Mr. Walsh is taking a va- cation and prefers to spend it out among the many friends he made while here some five years ago. The school board at its last reg- ular meeting secured a librarian take charge of the school library, so that the people of the com- munity may have use of the books during the summer months. The hours of opening the library will be every Satur- day afternoon from 2 to 4.30. The lost episode of \Fiberty \American Blood,\ has been se- cured and will be shown at the Play House in addition to the regular program, Saturdsy night, May 19. To compensate the pa- trons for the disappointment oc- casioned by the delay, the usual prices will be charged, thus giv- ing two numbers of the serial for the price of one. Your Own Flesh and Blood That little rosebud fragment of humanity who nestles in the cradle of your arms and coos — What are you doing to protect and nourish him - and keep him comfortable ? We keep a complete line of everything for your baby-- temedies for internal . disorders. gentle and soothing salves and ointments for rashes and chapped spots. dainty toilet waters, cooling talcum, baby foods, nursing botdes, nipple& fine combs, soft brushe& Reliable Drug Store S. A. HOLT, Ph. G., Proprietor • Big Class Join Encampment On Thursday night eleven can- didates made the pilgrimage frorn the subordinate lodge to the encampment in Odd Fellowship at Ekalaka,- assisted by several friends (?) from here. They were: Lyle Washburn, D. L. White, Louis Granum, L. W. Busch, Roht. Gorsuch, Ralph Riggs, Ed. Hansen, L. S. Mey- ran, Ralph Keener, L. A. Con- ser. from Baker, and Al Hardy, Tee Dee. To see that the candi- dates missed nothing, going along were P. E. flubbard, J, M. Comstock, C. J. Russell, Harry Schaller, H. S. Josselyn, Wm. Kruckeberg, Alex Rolfe. The Ekalaka brothers gave one of thosl suppers for which they are famous, and though the work lasted tenth three this morning the vis tors enjoyed every min- ute of the time. —Baker Sentinel Joins Back to the Land Movement Frank Bunn, formerly county clerk and lately foreman on the Baker Sentinel is the latest re- cruit in Uncle Sam's army of food prodbcers. Frank has pur- chased a bull tractor and is erect- ing buildings and breaking sod on the farm owned by Frank's father, of which he and his brother are now sole owners. Frank expects to break up the entire half section and make a model farm out of the saMe. The good prices obtained for farm products is playing an im- portant factor in the back to the land movement, and will soon make farmers of us all. —Plevna Herald. Fresh Jersey cow, saddle horses, work mares for sale. J. P. Hedges. t f A new 9 -pound girl arrived at the home of Mr. and Mrs. Chas. Berry Wednesday morning. F. M. Dworshak has purchased the Studebaker auto from Win Rogers and now has a regular car. Messrs. Schaller and Ferris came over from Baker Wednetl- day to see what the new county seat looked like. Harry G. Marsh, representing the Johnson Type Founders Co., of Minneapolis, was among our many callers Wednesday. Bulls For Sale I will have at my ranch 10 miles north of Ekalaka, by May 23, 17 head of Shorthorn and Hereford bulls, that I am offer ing for sale at reasonable prices.. James Hunter. 1111=11i.7 - Supreme Court Decision Carter county is now a reality. The supreme court' handed down its decision Monday, and the word was received liere Tuesday forenoon. County Attorney Dousman of Baker received a wire from At- torney General Ford Monday night that the court had sus- tained the contention of the sup- porters of the new county, and the Oliver bill creating Carter county was now a law. Tuesday morning Sheriff Jones telephoned the word to W. II. Peck,,. and great was the rejoic- ing in Ekalaka. 1 This brings to a close the ques- I tion- of the rights of the legis- lature in the creation of new ' counties in this state. Gov. Stewart referred the matter to ' the supreme court as a test case in the action of the legislature. The creation of Wheatland coun- ty also hung in . the balance on . the decision of the Carter county csse, and this also settles the de- cision of that county. The main dissention against the creation of a new county was the question of taxation, many contending the taxes would be exorbitant on account of this part of Fallon not having•so large a valuation as the northern sec- tion. To eliminate this it is shown that the salaries of the county officers would by the min - mum allowed by the state. The offices of county treasurer and coroner still remain open, Messrs. Palmer pnd Baker hav- ing failed to qua ify for the po- sitions. Elsewhere will be found the list of officers and salaries paid. A big celebration will be held shortly in honor of the creation of Carter county, but the date has not been settled as we go to press. People from all over the state are expected to be present. Details will be published later. Following is the opinion hand- ed down by the court: The validity of the act was at- tacked upon the grounds that it violates the provisions of sec- tion 26, article V. of the consti- tution. It forbids special legis- lation upon 34 enumerated sub- jects and concludes, \In all other cases where a general lal,v can be made applicable, no special la‘‘ shall be enacted.\ • 'The creation of new counties involves a question of public pol- icy,\ says the court. \It was possible for the first state legis- lature to enact a general law foi the organization of new counties. The same general law enacted in 1915 could have been enacted in 1891, but it would have been a \AMERICAN BLOOD\ Third Episode of \LIBERTY\ VVill be shown V is i t! Sat. May 19 evw In addition to the regu- lar program diers slept Two numbers of the serial for the price of one. At the PLAY HOUSE P 9 - useless piece of encumbrance upon the statute books.\ It would have prohibited the formation of any new counties for years, and would have re- tarded the developmedt of the state to an almost unlimited ex- tent. It was likewise possible to enact a general law with such lib- eral provisions that any aspiring community in the state, then or thereafter. could have secured separate county government.\ Referring to the contention that the experience under the general law has demonstrated its applicability and that a decision of the question has been set at rest by the legislature tself, the court says that \thoug the gen , eral law may have s rved the purposes intended durin the six years succeeding its e actment in 1911, it was altogethe compe- tent for the last legisl tive as- sembly to determine th t it has spent its force and is n longer adequate for the purp se for which it was enacted. \It is insisted that the general law was not repealed, and that under its provisions new counties may now be created if they can meet the requirements, instead of being a law for the cre- ation of new counties. In other words, it has ceased to fulfill the purpose for which it was enacted. It has ceased to be applicable to the subject in the constitutional sense. •\If the legislature possessed the Dower and authority, by re- pealing the general law, to say that a general statute cannot now be made applicaOle to the creation of new counties, it like- wise possessed the authority to declare the ,sme result by the enactment of this special law. We will not indulge the presump- tion that the legislative assembly wittingly violated the constitu- tion, but. assuming that it is nec- essary to do so in order to uphold the validity of the act in ques- tion, we will presume that due consideration was given to the concluding sentence of section 26, and that the enactment of this special law vas the means em- ployed to express the legislative determinatioa that the general law is no longer applicable to the creation of new counties under the conditions as they now ex- ist. The same conclusion might have been expressed more lucid- ly by repealing the gene:al laW I outright, but if the determina- tion was reached. the particular means by which it was expressed is of no moment. \In passing we may observe ' that there are certain provisions contained in the act creating Says O. K.. Carter county which are clearlY invalid; but they refer to inci- dental matters and may be slim- inated without impairing the act as a whole. It is inconceivable that they could have operated as inducements to the passage of the act or that without them the measure would not have received favorable consideration at the hands of the legislature. \The demurer to the complaint is sustained and the proceeding is dismissed.\ Judge Brantly specially con- curs upon the grounds that the constitutional injunction relating to special legislation \is ad- dressed exclusively 'to the legis- lature, snd hence that the act must be upheld.\ The Officers The following are named as officers until the next general election US provided by the bill, together with their salaries. The salary of no officer is to be increased until Carter county reaches an assessed valuation of eight million: Commissioners—Frank Snow, James Munro, G. A. Hobbs. Salaries as provided by law, Clerk of Court—L. J. O'Grady of Piniele. Salary $1500 per year. Sheriff—Geo. Boggs. Salary $1800 per year. Treasurer—George. G. Grant Salary $1500 ner year. —441asiosoe---41eo., Cleveland. Sal- ary $1500 per yev. Clerk and Recorder—Chas. Jamieson Salary $1500 per year. Supt. of Schools—Mrs. DeLoss Hall. Salary $1200 per year. Surveyor—Geo. Sheets. Sal- ary as provided by law. Coroner—C. K. Putnam. Sal- ary as provided by law. z Notice of Dissolution of Co- partnership. The copartnership heretofore existing by and between S. F. Urban and M. O. Tracy and E. O. Colvin, under the firm name of S. F. Urban & Co., is hereby dissolved, and all accounts due said firm must be paid to M. O. Tracy, as he has the books and is the only person authorized to make collections for said busi- ness. Dated this ltith day of May. 1917. Tracy & Colvin, 5-18 Sole Owners To Whom It May Concern Anyone hauling sand off, or trespassing in any way on my place without orders from me, will be prosecuted to the full ex- tent of the law. 5 18 Mrs. Libbie A. Weaver. OGNIONINIMINIDOGNIONIMMIDOGIGIDO I We Just Forgot 1 I Elilak Drug Co. 2 smrinsammosimmreal To mention that our foun- tain is in operation and we are serving delicious rich ice cream and soft drinks that satisfy. Call in and let us serve you. . . 1 1