Bemidji Daily Pioneer Newspaper, October 4, 1904, Page 4

BUENTHER WINS OUT Appeal of th:(;me and Fish Commission Dismissed by Supreme Court. GAME MAY NOW BE SHIPPED FOR MOUNTING. Injunction Restrains Commission From Interfering With Taxi- dermist’s Business. During the term of the dis trict court held here last Octobe Henry Buenther, the local taxi- dermist, won a decision against the State Board of Game and Fish Commissioners, in which a “Permanent [njunction” was granted Mr. Buenther, restrain- ing the Game and Fish Commis sion “now and forever from in- terfering with the business of Henry Buenther as taxidermist, by threats, intimidation or other- wise.” From this decision of the district court, rendered by Judge McClenahan, the Game and Fish Commission appealed to the supreme court. The case was originally handled by Judge Marshall A. Spooner, but upon his promotion to the district bench the firm of Bailey & Me Donald handled the case and ob- tained the decision in the lower court. While the board of Game and Fish Commissioners were dis- satisfied with the injunction granted by Judge McClenahan, they apparently were in nohurry to have the questions involved passed upon by the supreme court, for they delayed prosecu- tion of their appeal to such an ex- tent that it was dismissed for failure to prosecute the same with diligence and to comply with the rules of the district court, and on Saturday last their appeal was dismissed. This litigation was instituted by Mr. Buenther because the board of Game and Fish Commis- sioners had seized tanned hides and mounted deer and moose heads which Mr. Buenther shipped to his customers, on the ground that under the law, they were “game’’, and threatened to confiscate heads and hides shipped to Mr, Buenther on the same ground. They further con- tended that all the heads and hides in Mr. Buenther’s posses- sion, mounted and tanned, were game, and threatened to confis- cate the same unless they were seperately tagged with the seal of the Game and Fish Commis- sion, the board insisting on a charge of one dollar for each tag. The effect of the dismissal of the appeal is to make the injunc- tion granted by Judge McClena- han absolutely final and conclu- sive and parties desiring to ship trophies of the hunt to Mr Buen- ther for the purpose of having PRINCESS Grocery Co. Offering For THIS WEEK Quinces Pears by the bushel, $1.75 Plums, $1.10 per crate $1.10 Fine Elberta Peaches, per crate Tokay Grapes, 50c a basket Concord Grapes, 30c a basket Sweet Potatoes Cranberries Celery Squash Pumpkins Spanish Onions Cucumbers Apples, 35¢ per peck Crabapples, 50¢ per peck Honey, 20c per 1b Extra Select Bulk Oysters Prineess Grocery Co M. E. CARSON, Mgr Phone 282 Speak In Bemi Hon. Robert C. Dunn, the Dunn will be accompanied by Ma Chairman Olson of the republican Republican Candidate For Governor Will dji October 11. choice of the republican party of Minnesota as a candidate for governor, will be in Bemidji to address the people of this section on Tuesday evening, October 11. Mr. rshall Grimshaw of Minneapolis and the event promises to be one of the mostrousing republican meetings ever held in the city. Mr. Grimshaw, _wlm was to have appeared here tomorrow night, has postponed his company the gubernatorial candidate upon his v sit and will ac- sit to Bemidji. county committee is making ar- ements for a special train from Blackduck and other north line wd a large number of citizens are expected from there. ARTZ JURY SELECTED Men to Sit on Murder Case Completed Last Night. TRIAL OF MAN WHO KILLED WEILANDER IS BEGUN. Only One Witness Has Been On Stand and His Examination Will Occupy Afternoon. The work of securing a jury for the trial of Frank J. Artz, who killed John Weilander last spring in a dispute over a home stead, was completed last night and the trial began this morning. It was expected that a longer time would be necessrry to se- cuare a jury, but the twelfth man was sworn in just before court adjourned last night. Following is a list of the jury- men who will decide the fate of Ariz: R. Oakes, Bemidji; James| Meisner, Port Hope; . B, Ander- son, Northern; Tom Harvey, Ny more; Charles Folkers, Bemidji; O. J. Tagley, Nymore; J. M. Phillipi, Grant Valley; Harry Brown, Bemidji; John Ross, Be- midji; E. W. Hannah, Grant Val ley; John English, Bemidji; Chas. Schroeder, Grant Valley. So far only one witness has oc- cupied the witness stand and the evidence has been largely prelim- inary. The examination of Ber- gland, the witness who is now on the stand, will in all probability take up the entire afternoon. A large number of people are much interest ismanifested. APPEAL TAKEN Attorney McKusick Takes Appeal From Order in Case of Han- son vs. Bailey. Attorney Chgster McKusick was notified last week that the petition for a new trial in the case of Christine Hansou vs. L. H. Bailey had been granted by Judge McClenahan, An appeal was taken from the decision of the court and the necessary pa pers are nowon file. The case was tried at the spring term of court and the plaintiff was grant- ed damages in the sum of $500. The complaint alleged that Mr. Bailey had overcharged her na contest case. Hannifin Back. T. P. Hannifin arrived in the city last night from Long Prairie and will remain here until a law suit in which he is interested is disposed of. The suit is brought by E. J. Willits and the com- plaint alleges that he has about $100 due for the sale of the Markham hotel property, It will come up before Judge Pen- dergast. Met Last Night. A meeting of the city council was held last night and the pro- posed building of the new Red Lake road was discussed at length. Every member of the council was heartily in favor of the proposition and the senti- ment expressed was that it should be their earnest endeavor to secure the rini [ road for Bewmi Band to be Reorganized. It is probable thata meeting of the defunct Bemidji band will be held this week to make ar- rangements for the reorganiza- tion of the band. All the instru- ments and players are in the city and all that is necessary for a good band is a little practice on the part of the members. the same mounted may do so without fear that they will be confiscated. A violation of the injunction on the part of the board would be acontempt of court. Mr. Buenther was represented in the supreme court by the firm of Gibbons & Torrance. \WILL ACT AT ONCE Work of Securing Twelve Committee of the Business Men’s Club Meets With the Council. DISCUSSES SECURING THE RED LAKE RAILWAY. Vigorous Action Will Be Taken By the Committee At Once. The committee of the Business i Men’s Club consisting of Senator Swedback, and Messrs. Schroe- der and Sgoner, appointed to look up the cost of securing theright of way for the Red Lake railway and to go to St. Paul to inter- view the officials of the road in regard to the matter met with the common council last evening and discussed the ways and means of raising the money necessary for right of way and terminals. It is believed by the committee that a feasible right of way and good terminal grounds can be secured for less than $10.000. The problem of raising this money is a serious one and Sat- urday evening a committee, con- sisting of Messrs. Torrance, Mc- Donald, Russell and McKusick was appointed to investigate the malter. These gentlemen be- lieve that they can find a way out of the matter although nothing is definitely settled at present. The members of the council last evening expressed them- in attendance at the hearing and|selves as emphatically in favor of securing the road and indicated their willingness to do anything that lay within their power to as- sist. It was deemed best that at least $1500 should be raised at once and a plan was suggested by which the money might be ob- tained without delay. The de- tails of this plan have not yet been concluded however and nothing definite is decided. Suitable terminal yeads can be secured, although there are some serious difficulties, and it now seenis that Bemidji is prac- tically certain of securing the road. DANCE FRIDAY Foot Ball Will Entertain at the City Hall Friday Evening— Good Music. The Bemidji foot ball team will give anothar dance at the city hall Friday night and all ar- rangement for a rousing good time have been completed. The Bemidji orchestra will furnish music for the occasion and the floor management will make special efforts to exclude all ob- jectionable characters The pro- ceeds of the dance will go toward paying the expenses of visiting teams. 5 Chamberlain’s Cough Remedy. No one who is acquainted with its good qualities can be sur- prised at the great populavity of Chamberlain’s Cough Remedy. It not only cures colds and grip effectually and permanently, but prevents these diseases from re sulting in pneumonia, It is also acertain cure for croup. Whoop- ing cough is not dangerous when this remedy is given. It con- tains no opium or other harmful substancs: and may be given as confidently to baby as to an adult. It is pleasant to take. ~ When all these facts are taken into consid- erationit is not surprising that people in foreign lands, as well as at home, esteem this remedy very highly and very few are willing to take any other after having once used it. For sale by Barker’s Drug Store. Mankato Commercial College, Mankato, Minn., draws the best class of students. That is the GRAVE IS MUTILATED Mistake of Sexton Causes Remains of Young Child to be Disinterred. BABY’S REMAINS WERE BURIED ON LOT OF ANOTHER. Child’s Coffin Will be Removed to Another Lot Where Re- mains Will Rest in Peace. Through the mistake of an acting sexton last winter, the body of a baby born to Mr. and Mrs. Wm. Chisholm was interred in a lot at Greenwood cemetery which was owned by the heirs of the late J. J. Gordhamer and the matter was not discovered until today. A party are now at the cemetary ascertaining the location of the lot which was purchased by Mr. Chisholm upon the death of his child and no doubt the matter will be cleared up. Upon the death of the baby last winter, Mr. Chisolm went to the city recorder and obtained the description of a lot for the burial of the child. He obtained a permit from therecorder to en- ter the cemetary and the sexton, who had taken the place of the regular official upon the latter’s visit to North Dakota, went to the cemetary to dig the grave. He misunderstood the descrip- tion of the lot and imstead of digging the grave upon the lot which Mr. Chisholm had pus- chased, made one upon a lot for which the heirs of the late J. J. Gordhamer held a deed. Other errors are said to have been made by the acting sexton during the time he had charge of the cemetery and it is claimed that it will be necessary to re- move a number of other bodies. WANT MARKHAM Thief River Falls People Would Run Hon. J. H. Markham For Representative. Last night Hon, J. H. Mark- ham rececived a letter from hi old home at Thief River Falls r questing him to circulate a p= tion as an independent canditate for representative against L. C. Simons. The letter expressed in no uncertain terms that should Mr. Markham consent to be a candidate he would receive hearty support from the voters of Red Lake county. Mr. Mark ham replied to the letter this morning, and while he fully ap- preciated the honor the writer did him in asking him to become a candidate, he was out of politics and could undernocircumstances consent to allow his name to be used as such. MET YESTERDAY First Meeting of the Ladies’ Reading Club Held at Home of Mrs. L. H. Bailey, The first meeting of the La- dies’ Reading Club this season was held at the home of Mrs. L. H. Bailey yesterday afternoon. About twenty-five members of the club were in attendance and the meeting was very enthusias- tic. A very interesting line of work was planned for the com ing three months and the meet- ings hereafter will be held regu- larly. School Meeting. A meeting of the school board was-held last night at the super- intendent’s office in the school house and the checks of the dif- ferent teachers and employes of the district were issued. The amount issued each month for the remuneration of employes agegregates in the neighborhood of $900. Another meeting of the board will be held tonight, the matter to be taken up for con- sideration being a discussing of the school tax. Through Loading. The Minnesota and Inter- national Railway company Sat- urday finished their contract of loading the logs out of Lake Ir- vine. The scason’s work was somewhat lighter than last year, and as a consequence it was fin- ished early. HEd Roach, the fa- mous log roller, had charge of the work which was entirely suc- cessful from the first. T00 LATE TO CLASSIFY. FOR SALE—Household gon'dsb and furniture. Mrs. J. M. OTTER COATS To Order. At The BAZAAR STORE OUR BIG FUR SALE Will Take Place Tomorrow. Come and examine them. It will cost you nothing to learn something about Furs for young and old. Your only chance to get what you want at the right prices. FANCY NECKWEAR To Order. The Bazaar Department Store. More Poison Distributed. It is evident that those who have strewn poison around the city arevery successful in clear- ing the city of dogs and at the rate they arve now dying it would seem that within a month there will be very few canines left. A number died yesterday asa result of eating poisened meat and one or two deaths occurred today. No clue as to who dis- tributed the poison has been de- veloped, although reward has been offered for the apprehen- sion of the guilty parties, Broke Into His House. S. Le Quinn of Cavendish, Vt., was robbed of his customary health by invasion of chronic con- stipation. When Dr. King’s New Life Pills broke into his house, his trouble was arrested and now he’s entirely cured. They’re guaranteed to cure, 25c at all druggists. First Snow. The first herald of the coming winter was seen in Bemidji yes- terday when a few flakes of snow were seen descending, and come as a warning to all to pre- pare for a long season of cold and stormy weather. The flakes were small, however, and their presence could not be detected upon the ground. Subscribe for the Pioneer. Bookkeeping -- Shorthand New classes will be formed each Monday. We teach Bookkeeping, Shorthand, Arithmetic and Pemanship in the evening. Conw1y’s Commercial College, Box 744, 108 Sixth Street, between Bemidji and Beltrami Avenues. SN —FOR— = = =9 = Ll 5 = and Baby Pictures HAKKERUP Up-to-Date Work TS O, and Pri teasonable. Lnlarging, Framing and Finishing for Amatuers. Hakkerup Studio () Two Doors East of City Drug Store. I TSI IS, mn Best Merchandise at | Lowest Prices 1% 17, (27078 The Clothiers. Bemidji’s EST BOYS’ STORE =llllllllllli| illlll_lllllll: Wl || The Same Goods ! for Less Money or Better Goods for the Same Money W Yalies ervice, Reliability, Comfort, and Greatness of Variety - Twentieth Century brand lish serges, smooth or garments; grand value 300 suits from smart makers, illustrat- ing $7.50 qualities; grand value Suits, made from the strongest materials; tested long fihre wool in spotless dye coloring; made for hard wear; nothing equals them for Buster Brown Suits,- Norfolk Suits and Sailor Suits, in navy blue, brownand red, in worsteds, cheviots, Eng- trimmed; will compare with any $5.00 REIGN SUPREME HERE. trousers; grand value Heavy single and double $5.00 2-piece Suits and Norfolk $3.50 rough weaves, gilt or silk $3.50 School Suits especially designed for Young Men. Swagger, sixxgle and double breasted models, in neat and fancy effects and plain colors; high chested; wide, long lapels; broad shoulders; peg-top strength Suits for young men’s wear; 15 different styles; nothing made that will compare with them under $10; special value Knee pant suits with bloomer and knickbocker trou- sers; heautiful tweeds, serges, clays, thibets and wor- steds; handsomest ever offered; the entire line of over $12.00 breasted all-wool armor $6.00 i;