Bemidji Daily Pioneer Newspaper, April 12, 1904, Page 1

he Bemidji BEMIDJI, MINNESOTA, TUES ;\l’l{l'l, 12, DAY, lfi'llt. TEN CENTS-PER -WEEK. VOLUME 1. NUMBER 301. WITHOUT JURISDICTION | its, then every | may maintain, in its name, in a ¢ i court | against interstate carriers et United States Supreme Court Remands Merger Case to Courts of Minnesota. OPINION OF TRIAL JUDGE STANDS RE- VERSED BY HIGHEST COURT. Cireait Court Erred in Hearing Case and Rendering Decision, A.&uufstlcejnlan. Who De liveFed Opfalon, =~ - ashington, April 12.—The ‘United States supreme court has decided the| case of the State of Minnesota vs. the Northern Securities company. and the _Northern Pacific ‘and Great Northern Railway - companies: involving the ChoiceChocolate Creams 25c to 40c Cpor poEnd { yanmty or tne merger of the two rail- road companies, holding that it was without' jurisdiction and reversing the opinion of the court below. Justice Harlan, who delivered the opinion, snid that the ci=cuit court sHould not have entertained jurisdic- tion in the case, the effect being to remand the case to the state courts. In delivering the opinion of the court Justice Harlan cited' the facts-bearing on the origin and history of the case, saying that originally the suit was in- stituted by the state in its own court, but before an opinion could be reached there it was, on petition of the Securi- ties company. transferred to the air It pays to buy at Bom Men’s Oxfords. Men's Patent T.e'\ther O\:fords, Doughs mffl\e, $3.50 a Pflll‘. —— Men's Vici Kid Oxfords, I)ong,l:w make, $3 a pair. Ladies’ Shoes. ,_,___Lady&Elgin,Selst-be'sthI shoss. Romana, Selz’s best $ shoes. Miss Chicago, / $2.50 shoes. “Selz’s i i Scurt court ot the district of Minnesota, by which court it was dismissed. Much controversy arose over the right to remove to the federal court and after hearing the case argued once the supreme court ordered a second hear- ing on that point. Justice Harlan called attention to the fact that the proceeding was for the purpose of enforcing both the state laws and the federal anti-trust act, saying that the circuit court cotld not have taken jurisdiction it only the state statutes had been inyolved. Federal Law Not Involved. Taking up the federal law’ and an- alyzing its provisions_he said it was clear that the case did not belong to any. of lhe ‘clauses- provided for by it: “It is,” he sald, “not & criminal pro- ceeding; mnor a suit in’ equity in the name of the United States to restrain | violations of the anti-trust act; nor proceeding in the name of the United States for the fopfeiture of property; nor an action by any’ person or cor- poration for the recovery of threefold damages for injury done {o business or property by some other person or corporation,” - The col)tentlon that the case in- volved proprietary interests of the state was not allowed to influence the opinion. On that point the (‘nurt snm in part: “The injury on account of wmeh the present sult was brought is . at most | only remote and indirect; such an in —“"Phe-decree of the ,ury as would come alike, althoughs in Qifterent degrees, to every individual owner of proverty in a state by reason idji’ Ladies’ s largest store 0L e SUPOHLEsLIon, 1 VIAALON 0f the act of congress, of free compeition be- tween Iterstate I in business in such state. If sota may, by an orlgi suit in Ats-name, invoke the jurisdiction ‘of ‘the circuit court because alone of the alleged re- mote and indirect injnry to its pro- prietary interests arisipg from the Mere Absence of Free Competition in trade and commerce as carried on by interstate carplers within its lim- ate upon like grounds cuit a sult gagad in lt‘flpuui\\' 1im- uf the United States business within thelr its.” The court also refused to hold (hzn Mlnn(‘bo(as dignity or rights as state would be-affected under artic Iv V. of the federal Constitution by per- mitting the stock of corporations of that state to be held by an outside cor- poration like the Securities company. Justice Harlan said the court did not think that the article of the Constitu- tion had any bearing whatever on the question: - He said in concluston: “For the rensons stated we are of opinfon that the suit does not—to use the words of the act of 1875—really and substantially involve a dispute or controversy within the jurisdiction of the circuit. court for the purpose of a final decree. That being the case the cirenit court, following= tho mandate of the statute, should not have pro cceded therein, but should have re manded the case to the state court. reversed and the case s sent back with directions that.it l)L‘ ronmmh'd 10, the sfate court.” The opinion of the court was unani- mous. HIGH SCHooL aust. Fireman Killed by Falling Wall at CGalesburg, Il Galesburg, 11l April 12.—~Fire which broke out in the basement of the Galeshuri high school resulied in the dostruction-of the building, John Slater, a flreman, was instant- Iy Killed “by. a falling awall, “Tha loss ts estimated at #100,000, fully covered insurance. Candy Pure Sugar Stick Candy | 25¢c per pound Shoes. Composite; Pingree’s hest $3 shoes. or Gloria, Pingree’s best $ 3.50 shoes. Vogue, Pingree’s best $5 shoes. Ladies’ Oxford Ties. This season w carry a full the kid or patent leatlier, $2.50 to § l)w\v Oxfords in llm ol 5Q- best The Little can be ou Buster Boy thitted here. Buster Suits Buster Collar Buster Tie Buster Oxford Ties, patent leather, heavy soles $5.00 to $6.00 Silks and Dress Goods New Voiles, black and co lors; 50c to $1.50 al\'nn]. all We can furnish the paper for your house for you are asked elsewhere. Paper. less than Men’ s Suspenders. “50 pairs Men's Fancy now at regular price 75c, Suspenders, one pair 50¢ a pair. Men’s Clothing. Adler Suits from Adler Ram Coats from R. & W. Trousers from $10 to $12 to Mill Men’s Wescarry ets, Shirts, U nderwear, Mitts, Clothing. a large assortment of Men'e Overalls, Clothing. Gloves, Mill Caps «nul]‘x;l)l; ireuit-court is |- | No Easter Disturbances Occur In Eu- EIGHT HOUR BATTLE GERMANS DEFEAT MAIN FORCE OF HEREROS IN DESPERATE ENGAGEMENT. NATIVES FINALLY. PUT TO FLIGH LATTER'S LOSS HEAVY, BUT GER: VMAN CASUALTIES ARE LESS THAN A SCORE. Berlin, April 12 The forelgn ofice has recefved (he following dispateh from: Caolonel Leatwein, the governor of Gorman Southwest Africa: AWith the unifed- Prineipal-division and Western division [ attackéd the enemy’'s chlet’ forcer about R.000 strong, at Onganjira. The: Jlereros ware in o slrong, sembcireninr tion on a hill fronting the northwest Wao first flanked and forced back thy enemy's loft wing and then attacked the genter 5ii|r| rights Two enargetic countor attacks of the oneumy against our left were repulsed. The ene position W hroken through at u fall, after eight hou fighting, and tho enemy was driven hack on all [ sldes. The chiof forces apparently 1« tired In a northeasterly and casterly direction: Our lusses include Licuten ants von 1Ssturfl and yon Erffa and two cavaleymen killed, Lleutenant Rosenlorg and five men severely wounded and - five men sHgh woundud. he enemy’s loss has not-yet beeu afned, b was heavy, owing (o ellent effect of our drtillery post HMINEZ IN NEW YORK. Defeated Dominican Rebel Arrives In United States. New York, Apri-12—G J. Jiminez; the rebdl leader who (led from—the victorfous forces of Presi dent Mg , arrived here during the day on (ho steamer Philadelphia fom Venezuela and Porto Rico. He o barked at San Juan. = Jiminez refused to make any statement coneorning hi inlended movementy In this country meral Juan AGREEABLE TO RUSSIA. Batisfaction Expresscd ~Over French Colonlal Treaty. Paris, April 12.-—The R lan am- bassador, M. Nelidoff, acting on in- structions from Forelgn - Minis Eamsdorr;has - oxpressed=to o Minister Deleasse the satisfaction of Russia at the conclusion of the Anglo French colonfal treaty. (This Ly cepted ms Russla’s answer to the re ports that the Anglol‘rench treaty was Indlrectly hostile to Rusai 1 the course of an interview M. M-Ilrlufl i8 quoted as adviged “him seyera cerning the negot ani the o thorities at St. Pelersburg were kept fnformed of the developments concern ing Newfoundland, Slam and some of the other questions Involved. M. Nell doft sald Russia had nodnterest in these questions as they have no fites. national importance, but concerning Moroceo” and Egypt, the amba continned,—Russte felleitatey on the happy solutfon. He said: “We —are (friends and allles of France. As friends we rojoice al your | successes. Ag allieswe are gratified at this new guarantee of I ich trengih and security. —We naturally wish to gee our ally a trong as pos gible and with the 1 possible in ternational Issues. Therefore, as the accord removes nimeron xatlons, it 18 most agreeable to Russia, Anglo Ruesians Pray for Victory. Viadivostok, April 12.—The churches have been crowded In observance of the Baster holldays, with people pray- » for victory. Many of the inhab- nts whe fled from Vladivostok (o Khabarovsk, Eastern Siberia, at the onthreak of the war, are now return- Ing } - QUIET AN JEWIBH—CENTERS |- ropean Russia. — St. l‘“‘"rslnn'u, Ar-rll 12.—The Asso- has not re (lnd any url\ll disturbances .u\‘«\\hrrr- ln Russia Col ing to reports finm E ters of pn]rlilf_\llhn nuu;w.m | ! vhr Jewish cen Found Dead in Bath Tub. 8t. Paul, April 12—Flora E. von Suesemilch was drowned in a bath tub at the Astoria: hotel during the morn- ing. Apparently death w: accidental. i pposed that the woman fainted ss while in the tub and | wed. The woman was once | minent, society woman in Duluth, her husband is a well known | Lievtenant Parshall Dead Washington, April 12—Acting Adju- | tant General Hall is informed that Sec- I nant Harry Parshall of the cond infantry died at Mara- Mindanao;: on the 8th irst, of Lisufenant Parshall | was a mnative of Wisconsin and was | appointed from the ranks ip Febjuary, | 1400 I frained” from-Applause or Crying o MORO CHIEF STANDS PAT "Moro Dignitary Declines to Hold A Conferenc eral Wood WAR DEPARTME The follows Ing hulletin al the war ge- paciment during the day: T “@General Wood reports (hat he in- vited the sultan of Taraca to most-him at Viears on March 31 for consulti tion and that thoosultan, refuseil o como - and Instead made ¢ iflo preparations. Ma from Marvahui gud Viears 16fC for the scone on April 20 The Vieais colnmu was fired into all night ten mi Vicars and one enlisted man wa ously wounded. The Muarabul columnd was strongly resisted at the mgith of | the Taraca river, although overy efs fort, was mude (0 gecomplish @ prace:| ful landing. Two enlist y o wounded torces assomhlod in the valley on April 4 and a large nmber of hostile (oeel fod cotlas, oceuplod, were destroyal from Aprit 4 to April G Aha treops then returned o theie proper statlons. Newcomb, Company - K, Seventeenth Tofantey, and \Wampler, Company D, Twenty thind fnfantry, were Kitled “lEvery offort wins wade 7ol W v tha SEVENTY THOUSAND PRESENT. Pope Plus X. Celebrates His First Mass in St. Peter's. Rome, April 12 For tie Binee his coronation, Aug 4, popcswent to St Peter's to guy misd incelebration of the thirtéenth eenten: nial of St Giegory the Greal, whe died In 601 AL D, The fmmense bastica of St-Peter's wits i ed, more” tinn: 700007 peisons | Dolng presont. On the pope's express | recommendation the audictice e 1§ wllh‘ i} contenting thomsclves with the Ing of handierchict FLOOD AT MONTREAL. Thousands of People Forced to Flee From Waters. Montreal, April wree thousand | PETEOTE (D Y/ ng the west ern limit f the city of Montroal, ar i tho upper storivs of their fionses, while several thousand more at Point StoCharles are in danger. Teafng from out of town polnts are by the floads (o the sy Eccaped Prisoner Sulcides. Abbeyville, Ala., April (Captain W. W. Milliken, who:was placed in jall.here on the charge of lting Miss Snyder of Dothan, hrol il dur- Ing the Ftnding he conld not 1 hot himself through DOES ;QOT TEACF; VPOLVGAMV. President Smith Denies the Charges Against Book of Mormons. Kirtland, O, Aptil 12 1,200 people present st yisorelt glous axercises of e (ifty-first annual Jonce of the reorganizal Churel ChiTat Of Latior s, wilon at this — place. The al sermon wis by President Joseph I, Smith The addieis was an bk reviow—of—Mormun—istory-of e cont s and u denial Of (he charge that - the of Mormmn (cachos o advocated polyg The speaker maintained that the contrary was the case, that the Book of Moroon taught with the Bl hat one hushand Thire wero Day & { running | big machiu the shonld have one wife and one wite ons husband. Another. able Apostle Heman € Towa RACE WAR THREATENED by oni ad was thal f Lar Brother of Congressman Murdered by Negro. Houston, Tex from Waller (..lul)-n T ¢ bod ETO, formed th he 3 » di. didthe| shot off, which | ey and his com pation o is unknown, ro- turr GREATEST PRODUCER Monster Oil- Weil Struck Near Upper Sandusky. 8 . 0. April 12—A been struck on . just south drill_pene feet in the of oil the IN OHIO. When the depth of nine sand there was a terrific r that went in a solid columu ove top « rich under in twenty the well flowed fully 2,000 barrels. is bellieved to be the greatest produc- ing oll well in Qhio Pinckney e With Gen- at Vicars. SHARP FIGHTING REPORTED AT THE NT YESTERDAY. AT Efforts to Bring Moros to - Terms Peacefully Futile and Force Not Resorted to Until Last Resort Was Elfective. ¥, but ineacn 1Ce Our Hoops e sttacked bes s firing a shot and:force was only. used when all peaceful methods falled and thefenomy attacked us. The two, chicfs who have héen at the bottom of all the trouble on the east side of Lanao for two years are now in hiding aud they will he arrested it possible. “General Wade, to whom General Wood's report was made and who trnsnitted it 1o the-department; adds that the conditions In the Taraca val- ley for the last three months have = been such as to render the above ac- tion absolutoly necessar ONE MAN FATALLY INJURED. Collision of Automobile and Carriage Wrecks Both Vehicles. Now York, April 12.—One man has “‘been probably fatally fnjured, anothez seviously hurt, a horse killed and & carriage and an automobile smashed in a collfslon between a 24-horsepower _nuthmoble-and-u carrlage at Ocean tievard and ‘ThHe Neck road, near ‘in_charge of Sfark of Brooklyn. In with another man he was home from Coney Island at the rate of ton miles an hour whep the snddenly collided headon with a bt riying two [talian mer- chants from New Yo ‘Men, animals and machine were thrown into a heap. The horsemen were Jinjured —most, however, and one, whose skull was crushod, probably will die. ~The auto- mobilists were badly bruised and cut and it was found mec cssnry to kill the horse. (nmpln) FOR MURDER OF MISS PAGE. ~Chacles L. Ty at Waltham, M: ~Waltham, Mass,. April —Charlea L. Tucker was arraigned here during the day and formally charged with the murder of Miss Mabel Page at West Newton. . He pleaded not*gnilty and the case was continued until April 21. » was stabbed to death in d In_ Court who 18 & former-raiiroad employe, arrested in connection with the crime on April 4, but ap- parently establishing an allbl-he- was relo He. was kept under sur- vaillanee, however, and was rearrest: —Woman Charged With—Murder. Wheellng, W. Va., April t Mrs. Elin - Graham —uand 5t dlsa tentjions Mr. Robinson was alleged-to— have davishad upon Mrs. Graham and In consequence Mrs, Robinson 18 dead and Mrs. aham fn jall charged with murder with a revolver. BRIEF BITS OF NEWS. Henry C. Kumpf, three times mayor of Kansas City. died at his home there Monday of grippe, aged seventy-three years. The condition of winter wheat ia on- April 1, 1903. The on of winter rye is 82.3, agalnst 9 last April. The United has—tectied States supreme court - that “books published r re. not entitled. to sion- through the mails as second mail matter. Samuel Hoar, a distinguished law- yer and nephew of United States Sen- ator George F. Hoar, is dead at Con cord, M of paralysis. He was nine years old. millionaire manufac: ._is_dead_at _Springfleld, O. two. Mr. Kelly has been for years identified with the leading man- ufacturing interests in Springfield. Jane Emery Searles Cogswell, wife of General James Grant Wilson, the dead at her home in New She was a descendant of Bayard, a sister of Governoe Peter Stuyvesant. A notable decrease in the perceum of deaths in Chicago from nervous diseases suggests to the: health de partment that the high tension of Hfe in Chicago is being lowered and that the people are returning to saner and simpler mods; of living. MARKET QUOTATIONS. Minneapolis Wheat. Minncapolis, April 11.— Wheat— May, 94%@945{0, July, 44 @%HXo; Sept., 82%c. “On track—No. 1 bardy 965% @96%c; No, 1 Northern. $5%@ 95%c; No. 2 Northers, ll&.flifl._ t West Newton on March —