Bemidji Daily Pioneer Newspaper, October 6, 1904, Page 1

i | i | A Pioneer : WANT AD Will Do It. The Bemidji MINNESOTA HISTORICAL SOCIETY. aily Pioneer The Pioneer Prints MORENEWS than any other news- paper between Duluth and Crookston, St- Paul and the North Pole. VOLUME 2 NUMBER 144. BEMIDJI, MINNESOTA, THURSDAY, OCTOBER 6, 1904. TEN CENTS PER WEEK OYAMA STILL DELAYS JAPANESE COMMANDER TAKING PLENTY OF TIME TO MATURE PLAN OF ATTACK. REINFORCEMENTS FOR KUROPATKIN INFANTRY AND ARTILLERY BE- ING RUSHED TO THE RUS- SIAN GENERAL. WAR DISPATCHES SUMMARIZED. battle between the n army and Marshal Oyama’s f¢ as not yet occurred and the d; advices do not ind any developments of an important character on the part of either army. St. Petersburg dispatches say that Kuropatkin is constantly receiving ro- Inforcements, cspecially artillery, but the milit erit expres doubit whether he (nnro!!l]xl’\!m more than a passive resistance at Mukden. The opiniog. seems ‘general that the next battle of a decisive nature will occur at Tie pass. Lieutenant General Stoessel reports that the Japanese losses in the at- tacks on Port Arthur from Sept. 19 to 22 were 10,000 men. He adds that the Japanese are now working actively and approaching by entrenchments and a tunnel. The success of the Rus- sian resistance at Port Arthur is be lieved in St. Petersburg to have a bear- ing on Oyama’s failure to attack Ku- ropatkin, The expected Russian Manchur JAP VERSION DIFFERS., Russians Failed to Burn Junks on the Hun River. Tokio, Oct. 6.—The Japanese report on the Changtan junk incident is in direct contia sion. The Japanese report on Sept. 30 forty or fifty of the ¢ cavalry attempted o burn a numibe of the junks north of Changtan. Our patrol on both fired on and d liction to the Russian ver says ll\AL It is further stated that no Japancse ammunition is being transported on the Hun river above Changlan. It is said that the attempted burning of the to preveni the Japanese iug them. A dispatch from St. Petersburg Oct. 1 said that on Sept. 30 a detachment of Russian ca drove the Japanes from the vill of Changtan and burned seventeen junks which were transporting ammunition on the Hun river. The caval retived, it was stated, oun the approach of the Japan- ese reinforcements. Tokio, Oct. 6.—It is evident that the <country which is embraced by regular triangle, the apex of which is Tie pass, with the base running from | Mukden to Fushun, on the upper reaches of the Hun river, ., will soon lm 'ibum of Cass Lake the public inte tne theater of extended and extensive | i ns nppdlenm are using as their main base and are ing a serics of defens shield it from the south and the east. Two roadw approach Tie pa the south. One of these roadway the main highway from Mukden and the other, which is smaller, starts at TPushun and winds through a hilly count Nineteen miles north of Mukden is the town of Yilu, the south- ern and eastern approaches to which | are sheltered by sharp ridges, offering a natural protection. It is reported | here that the Russians are strongly in- trenching in these ridge and are | | erecting semi-permanent fortifications, The Yalu river, which is shallow and fordable, through the town. The Ru ans are reported to be for- tifying the right bank of this river be- tween Yilu and Tahaitun, fifteen miles | to the northward. Several lines of ridges ¢ the road and it is said that the Ru: ns are erecting works on many of these eminences between Ta- haitun and Tie pass. For some seven miles the country, generally speaking, is flat, although commanding the road- way from the eastward is a hill 1,000 metres in height, which the Russians arve fortifying. A range of hills flanks Tie pass on the eastward. The Russians are holding Fushun | with a heavy force and it is believed they are erecting w along the road | from that place to Tie pass. This defensive work of the Russians and the disposition of their forces strengthens the belief that General Ku- ropatkin merely intends to retard Field Marshal Oyama in his crossing of the Hun river and to give battle on the ground which he is now hurriedly for- tifying. VIGOROUSLY DENIES CHARGES. un Kuropatkin Says Imperial Tombs Re- main Intact. St. Petersburg, Oct. 6.—General Ku- in a dispatch to the em- gorously denies the charges made by the Chinese government that the sanctity of the imperial tombs and ukden had been violatc | by the Russian troops. Jap Contractors Killed. York, Oct. ¢.—Eight Japanese ngaged in recruiting Ko- rers at Kokean, 150 miles close to the line of the Ser and F railway, have become volved a fight with a Korean moi according to a Herald dispatch fica Seoul. All the contractors were killcd but cne. New rean south, Certain Lands Which Were Placed in Duluth District. shington, Oct. 6.—Upon the rec- ndation of Secretary of the In- Hitcheoek the p ident has terior signed an order restoring to the Cass Lake (Minn.) land district certain lands which were " transferred to the istrict by cutive order of This action of the pres- llJu)l (lls|lo\0 of a question which has [been nnder consideration in the. inte- rior department for some time. When the transfer was made under the for- mer order it was thought that it would be to the advantage of the public at large, but since then it has been dem- onstrated that because of the accessi- ! s would be best subserved by re- v g the order of 1903 and again ! the lands referred to under the ¢ urisdiction of that_distriet. FAVOES LA FOLLETTE WISCONSIN SUPREME COURT DE: CIDES REPUBL.ICAN FAC- TIONAL CONTEST. CHIEF JUSTICE CASSCDAY DISSENTS OPINION HOLDS STATE CENTRAL COMMITTEE HAS ENTIRE JURISDICTION. Madison, Wis., Oct. 6.—The supreme i court has decided that the La Follette state ticket is regular. Three judges, Marshall, Dodge and Winslow, were for the La Follette faction, while Chief Justice Cassoday dissents. The opin- ion will be filed later by Justice Mar- shali. After setting forth the facts alleged in the complaint and answer ion continues: y shown to exist by foregoing sufficiently concerns pre- rogatives of state and affects liberties of people to be within original ]una— diction of this court. Second—Such controversy is of so grave a character and of such publiz importance as to warrant this court in exercising its original jurisdiction to determine right of matter so far as the door is open for it to do.so. Third—Since the question presented merely involves the duty of the secre- tary of state in performance of an act expressly enjoined by law it is a judi cial one. Fourth—For the present case, the time not having arrived when the sec- retary of state is required to make certification of nominations, by gen- eral rule there is no remedy at law by mandamus; hence action, if main- tainable at all, is properly brought in equity, if the legislature has not fur- nished another and exclusive remedy. Fifth—The legislature intended to provide for settlement out of court of all questions between factions of a party concerning the right to the party name upon official ballot by section 35, Wisconsin statutes, in these words: Statutes Cover the Case. In case of a division in any political party and a claim by two or more factions thereof to the same party name, the officer with whom the certificates of nomination are required to be filed shall, in certifying such nomination or preparing ballots, give preference of name to the convention or caucus thereof held pursuant to the call of the regularly constituted party authorities, and if the committee rep- resenting the other factions presents no other party name such officer may designate the same in such manner as will best distinguish the nominations thercof. “(B) When two or tions or caucuses shall be held and the nominations ce:tified, each ciaiming to be the regulation conven- tion or caucus of the same political party, preference in designations shall be given to the nominations of the one certifie l.o.the committce which had more conven- GRBEETH DG 14 -@.@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@'@@@@@fi? the g()od.s lo tire as well are right in that mean Couldn’t be Underwear Dept. Complete. MEN’S 2nd BOY’S LADIES’ and MISSES’ Nothing in fort and Also can fi heed to foo Nothing adds so much to to the correctness of his at- R. @ W. PANTS and in those points, too, to Yyour measure. o " out of which your young- ster can get so much com- W. SWEATERS. fi@@@@@@@a}fi@@@@@@@@@fi@@@g - O’Leary & Bowser... yoks of man— fitting trousers fit and in hang good wear— better if made boy’s clothes enjoyment as t a boy from !of the conventions was regular been officially “certified fi be author ized to represent the party.” Sixth—The first clause provides for a case where only one or two or more conventions is claimed to have been held upon call of regula¥ party com- mittee and the identity of that one is, therefore, not in doubt. ‘The second clause provides for a caie where all conventions are claimed to have been held pursuant to the call of such and the same committee by cicating a tri- bunal to decide for guidaice for the secretary of state which set of nomi- nees is regular and, therefare, entitled to the use of the party natie, such tri- bunal possessing by familiar rules ex- clusive and final jurisdiction, save as|. hereafter stated. i Claim to Same Party, Name. Seventh—The first clause of section 85, statutes of 1898, cannot apply to this cause because the dominant feature thereof is existence of a mul- tifarious “claim to the 'same party name,” determinable, as before indi- cated, by the certifying officer from his own records, showing the neces- sary source of regularity. Eighth—While the dominant feature | * of such first clause is the existence of a mlllriffl.rious “claim te the same party name,” one of such claims only being based on the “call of the regu- |’ larly constitute! party authorities,” the dominant featuie of the second clause is the existence of a multifa- rious * based on a like claim (o the regularity of the party convention, éach of the claimants referring necessarily to the ‘“call of the regularly constituted party authorities,” as in the case in hand. Ninth — The instant ¢ontroversy comes clearly within the second clause | § of said. section 35, answering as it does every call thereof. (A) Two conventions were held. (B) Each of said conventions made nominations. (C) Such nominations -were duly certified. (D) Each of said conventions claimed to be the regular convention of the Republican party. Central Committee Supreme. Tenth—It was competent for the leg- islature, in authorizing an official bal- lot and granting to the party nominees a right to have their mames placed thercon under the party designation, to subject that right, in case of contro- versy between two or more sets of nominees, each claiming the same and such designation, to decision of the party tribunal as in said section 35. Eleventh—The creation of a tribunal to determine such controversies, no yrovision being made for a judicial re- diew of its decisions, necessarily makes its jurisdiction exclusive and its decisions unimpeachable, except for jurisdictional defects. Twelfth—The tribunal answering t the call of said section 35 is- found tc exist in the Republican state centiral committee, elected at the state conven- tion of 1902, and duly certified to the secretary of state under section 31 of the statute, therefore jurisdiction of this ccurt 18 limited to deciding whether such committee was or is without jurisdiction because of bias or interest of some of its members, or whether its-decision is affected by ju- risdicticnal defects. Thirteenth—Such tribunal, though Tequired to act judicially, being an administrative rather than a judicial body, bias or interest of its members does not disqualify them nor affect its Jurisdiction. Fourteenth—The decision of the na- || tional Republican convention as to which of the two sets of delegates || from this state claiming the right to Tepresent the Republican party there- of in such convention was entitled to recognition Was Not of Any Significance as a guide to the secretary of state or to the committee authorized to de- termine factional dispute un\|ex aid section 35, since exclusive ju iction thercof, as regards the ofticial bailot law, was conferred by the legislature upon the latter as a special tribunal, as belore indicated. Fifteenth—As soon as the nomina- tions were made by the conventions and duly certified ghe rights of nomi- nees to places upon the official ballot under the designation ‘“Republican ticket” became vested in them as rep- izations, subject to the decision of the special tribunal aforesaid, as to which and such right could, therefore, not be in any way aftected by the determination of any other tribunal. Sixteenth—Section 35 of the statutes contemplated in all cases mentioned therein of conflicting claims to the use on the official ballot of a particular party designation that one set of the claimants shall be given preference thereto-and each of the others have a place upon the hallot under a designa- tion sufficiently different from that ac- corded to the rightful claimant of the particular designation to enable the electors to distinguish such set of ir- regular nominees fom the regular nom- inations. La Follette Ticket Regular, Seventeenth—The tribunal created by law to determine the factional dis- pute in question for the guidance of the secretary of state having assumed iction thereof and decided, free sdictional infirmities, that the nominations headed by Robert M. La Folletfe for governor are entitled to preference in respect to the use upon the official ballot of the name “Repub- lican ticket,” it is the duty of the sec- retary of state to act accordingly, cer- tifying both sets of nominations to the various county clerks, bul giving to those headed by Robert M. La Follette for governor preference as aforesaid. Eighteenth-—The foregoing conclu- sion follows logically and necessarily from the legal aspects of the case be- fore stated. What the real right of the matter in dispute might be found to be were this court permitted to disre- gard the decision of the special tri- bunal and investigate and determine the merits of the controversy from that standpoint, the court has no right ide or suggest. Duly constituted having spoken within its ju- ction it must be conclusively pre- sumed to have spoken rightly. Both the motion of plaintiff and that of the defendant are denied and the - cause is dismissed for -want of suffi- cient facts appearing to constitute a cause of action. oRoRcReRoRo R oK @@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@ “claim to the same party name,” || resentatives of their respective organ- | ——POSITIVELY — oingoutof Business A $20,000 stock of Clothing, Gent’s Furnishing Goods, Hats, Caps and Shoes to be closed out egardless of Cost. Our stock consists of the finest and most can not be excelled. up-to-date goods manufactured, such as the Kaufman .Clothes.. Best ready-to-wear clothing on the market. Known for its style and fit which AND THE FINEST LINE OF Furnishing Goods EVEI:’u SHOWN, AND OTHER LINES TOO NUMEROUS TO MENTION. Lon’t fail to take advantage of this great opportunity, while ‘stock is complete, as this is positively a hona fide closing out sile. Store will be open for business Saturday, October 8, at10:00 a. m. Palace Clothing Store Bemidji, Minnesota. and 108 con 515 1-3 were for La Follette. The state central committee, being of La Follette sympathy, seated but 43 contested ‘“‘stalwar delegates, giving La Fol- lette a majority. The ‘stalwarts” charged untairness. bolted, nominated a separate ticket and went to the su- preme court to compel the secretary of state to put the “stalwart” ticket in the regular Republican column ou the official ballot. LA FOLLETTE PEOPLE REJOICE. Stalwart Candidate Will From Ticket. Milwaukee, Oct. 6.—There was re- joicing in the quarters of the La Fol- lette state central committee in this city upon receipt of the decision of the supreme court. At the “stalwart” headquarters Chairman Goldin an- nounced that he had no statement to make at the present time. It is known that Samuel A. Cook, who heads the ! “stalwait” ticket. will withdraw, he | having made a statement to that effect a short time ago in case the decision was unlavorable to his cause. state central committee has the power Withdraw to fill the vacancy, but what wil. bet doue will not be known until the com- mittee take International Peace Congress Calls Upon Russia and Japan. Boston, Oct. 6.—The International Peace congress has adopted resolutions | calling upon Russia and Japan to end the present war and upon the signatory powers of The Hague convention to| press upon the governments of Russia and Japan the importance of putting an end to the strife. Commission Merchant Fails. Chicago, Oct. 6.—I. E. Roberts, produce commission dealer, filed a p tition .in bankruptcy during the day Liabilities were sch dl;‘led af ted.” OT the uncontesied | The | SUCCUMBS TO HIS ILLNESS POSTMASTER GENERAL HENRY C, PAYNE PASSES AWAY IN WASHINGTON. \ ‘Washington, Oct. 6.—Henry C. Payne, postmaster general of the United States, a member of the na- tional Republican committee, a stal- wart of his party, with the history of which both in his home state and na- tionally he has beén identified for many years, died at his apartments at the Arimgton hotel at 6:10 p. m., aged sixty years. The death of the postmaster general came as a result really of a succes- sion of sinking spells due to a weak i heart that enfeebled the sick man un- til finally the heart literally gave out. Mr. Payne had been in poor health for at least two years, but his last ill- ness covered only seven days, an at- ck of heart trouble last week pre- cipitating the end at a time when, after covered a small measure of his vital- ity, impaired by years of arduous la- bor. Death came after nearly six hours of unconsciousness. Funeral services will be held at St. John'’s Episcopal church, this city, next Friday morning, and at 3:15 that aft- ernoon the body will be taken to the Pennsylvania railroad station and| Dplaced aboard the private car of Pres- ident A. J. Earling of the Chicago, Mil- waukee and St. Paul railroad and will broceen to Milwaukee. The remains should arrive at Mil- waukee Saturday evening and services | will be at the Fore: will be held next Sunday at All Saints’ Episcopal church there. Interment lome: 'cemetery. a rest, he seemed to have re-| { ACTING POSTMASTEER GENERAL. President Designates First Assistant Robert J. Wynne. ‘Washington, Oct. 6. — President Roosevelt has formally - designated First Assistant Postmaster General Robert J. Wynne as acting postmaster general. NEW SCALE OF WAGES. Cut of 20 to 40 Per Cent at Joliet (i) Steel Plant. Joliet, 111, Oct. 6.—A new schedule of wages and readjustment of working hours was put in force at the Joliet plant of the United States Steel! com- pany during the day.. The scale has been accepted by the workmen in Jol- iet and the departments are all run- ning. The reduction in wages amounts to from 20 to 40 per cent and several important departments’ working time has been increased from an eight-hour day to a twelve-hour day. Steel blow- ers who formerly received $300 per month will receive no more than $200 under the new scals M'CLELLAN TAKES ACTION. Removes New York City Civil Service Commission. . 6—Mayor McClellan noved the entire civil service commission. Park Commissioner Will- {iam P. Schmitt of the Bronx also was { dismissed. The removals were made on charges preferred by the Civil Service Reform association that the officials removed had been in collusion in certifying to illegal payrolls in the- park department. Death Blow to Bull Fighting. Msdrid, Oct. 6—The Institute of So- cial Reforms, after a heated discus- sion, decided by 13 votes to 8, to ratify the lhsolute Pprohibition of Sunday buill ts. 'l‘hia is considered to be the o bull fighting: