Bemidji Daily Pioneer Newspaper, April 15, 1905, Page 4

ASSAULTED WITH CLUB Drunken Man Enters Saloon at Nymore and Makes Vi- cious Attack on Employe. WARRANT ISSUED BUT CRIMIN- AL ESCAPES FROM CITY. Refusal of Bartender to Furnish Liquor Given as Cause for Assault. Because the bartender at the saloon of Mike Guyer at Nymore refused to supply him with liquor gratis, Herman Geise, a resident of the Bemidji suburb, entered Guyer’s saloon last night,and without a word of warning made a vicious attack with a club three feet in length upon the person of Dell Poole, an employe of the place, inflicting serious injury to Mr. Poole’s left hand and arm, which were usedin defending his head from the attack. A warrant was issued upon the complaint of Mr. Poole charg- ing the man with assault witha dangerous weapon. but up to the present time the criminal has not been apprehended and it is thought that he has escaped from the city. Geise had been drinking heav- ily during the day and by even- ing bhad accumulated a jag. He was without money and asked the bartender at Guyer’s vlace for a drink. The bartender re fused to give him the liquor, which maddened Geise and in a short time after leaying the place he returned and without saying a word approached Mr. Poole and rained blow after blow upon him. The latter wasina posi tion where it was impossible for him to get away from the attack, and it was several minutes be- fore Geise was stopped. He es- caped through the back door and has not been seen since. His attack upon Mr. Poole was without the slightest provocation, and the latter claims that he has never spoken to the man. Geise has lived at Nymore for some time past and has a wife and five children. Masens Enjoy Themselyes. The Masonic Lodge last eyen- ing confered the third degree upon E. M. Bigelow and E. R. Evans in due and ancient form. A number of members of the Cass Lake lodge were present and after the degree work in which the Cass Lake members rendered strenuous assistance the members and their guests betook themselves to the Grill where covers were laid for forty. Frightful Suffering Relieved. Suffering frightfully from the virulent poisons of undigested food, C.G. Grayson, of Lula, Miss., took Dr. King’s New Life Pills, “with the result,’he writes “that I was cured.” All stomach and bowel disorders giye way to their tonmic, laxative properties. 25 cents at all druggists, guaran teed. Reception Last Night. The reception tendered Rev. and Mrs. S.E. P. White last night at the Presbyterian church was well attended and an entire- ly enjoyable affair. A program of several selected musical and vocal numbers was rendered, af- ter which Rev. White and Reyv, Bloomfield made short addresses. The meeting concluded after re- freshments had been served. Married Thursday. Mr. and Mrs. Ole Greenlund arrived in the city last night from Minneapolis, where ‘they were married Thursday. Mrs. Green- lund was formerly Miss Minnie Luedtke and is well known in Be- midji. Mr. Greenlund has been employed in the city for several months past. Both have many friends who extend congratula- tions. Peter Bilden Dead. Peter Bilden died at the hore of Mr. and Mrs. Jens Johnson, corner of Fifth and Mississippi avenue, at 11:15 this forenoon Consumption was the cause of death. Mr. Bilden’s home was at Ulen, Minn. He leaves one brother and two sisters. Definite arrangements - for the funeral have not been made as yet, but it will probably take place Wednes- day. Japa nese Pa per. The Pioneer is in receipt from David Booth who recently .re moved to the coast from this city of a copy of the North American Times a Japanese paper pub- lished at Seattle. The sheet, which is eight pages is one mass of vertical Oriental characters Establish the F Charge mission But Wi Gov. Johnson has announced that he will appoint a commission to investigate the charges pre- ferred against Beltrami county officials by the public examiner but that he will not relieve any of the officials from office in the The general charges made by the pubhc examiner are as follows: THE CHARGES. The county attornev—In that he failed to prosecute cases when brought to his notice, was aware and conceded with the holding back of funds received from liquor licenses, and neglect in not examining bills and pre- venting the allowance of illegal and excessive claims. Commissioner F. O. Sibley—In being party to and receiving funds on illegal claims, work on Baudette road, and refund of taxes to the St. Hilaire Lumber company. Commissioner Wes Wright—In appropriating to his own use funds belonging to the county, and, in various cases, being party to and knowingly allowing uajust and illegal claims, work on the Kelliher-Baudette road, and re- fund of taxes to St. Hilaire Lum- ber company. SPECIFIC ITEMS. The channels in_the operation of which fraud and coaspiracy is charged are given in the report ‘| as follows: County printing, in which the contract is usuvaily let to the highest bidder. Road and bridge expenditures, which show unlawful and exces- sive payments. Excessive and illegal bills al- lowed, amounting to over $1,200. Bills paid to county health of- ficer and county physician 1n vio- lation with their contracts with the county. The construction of ditches, which show improper proceed- ings in the reviewer’s report and in the sale of ditches. Assessments and taxes, in which excessive taxes were lev- ied for county purposes. Statements and grand jury re- ports and fraud in the defunct Merchants bank account. WHAT LOUD SAYS, Bemidji, Minn., April 15. 1905. Editor Pioneer:— Noticing that charges have been filed with the Governor against myself and other county officers, I desire to say that in regard to the Gannon matter, that I had nothing to do with granting or refusing him a liquor license, as that matter is not within my jurisdiction. As to refusing to prosecute J. B. Mon- tague upon the complaint of Gan- non, I am prepared to meet that charge, and assert that I was fully justified in refusing the warrant. I was aever vremn\'ed from the prosecution of a case against a lumber company and reinstated,and a settlement made. On the cuntrary the case refer- red to was tried before Judge Spooner, taking parts of five and as it developed that the in (uestion were in transit to the place of manvfacture, the court held, and rightly, that they were not subject to taxation here. In regard to holding back, or be- ing a party to holding back, any money due the county for liquor licenses, the charge is wholly and maliciously false, and can be proved to be false. This matter was fully investigated by the grand jury last September, and their reportis on file. In regard to the Kelliher and Baudette road, I knew nothing about the matter, and refused to approve Mr. Jinkinson’s bill for that rea- son. I did approve two or three labor claims, upon the certificate of Mr. Jinkinson that the men had worked the time stated, at the price charged, after learning upon inquiry from the commis- sioners, that Jinkinson was the foreman in charge of the work and the proper party to certify to the bills of the laborers. This I will assume responsibility for, and do not fear the outcome, T have never knowingly approved an illegal bill for any amount whatever, and have never been a party to any graft, and know of none on the part of any officer and is probably interesting read- ing to one who undersmnds the art. accused,during my term of office. lIn regard to the printing con- tract of last year, it is true that| DEN CHARGES IN TOTO Will Welcome Investigation and Can alsity of Every Made. - Governor Johnson Will Appoint a Com- 11 Not Not Sus- pend Accused Officers. the bid of the Pioneeer was much higher in some particulars than the others, but the circulation offered was at least four times as great as that offered by on any other bidder. In regard to not prosecuting meantime. {criminal cases, I havein some in- stances refused warrants, where the motive of the prosecution was to extort money from the accus- ed and I was fully convinced that the application was not made in good faith, to punish a crime, but to get revenge, or extort money. I have also allowed some crim- inal cases to be dismissed after an arrest, where the facts devel- oped that no crime was intended, or where the complaining wit- ness requested that the matter be dropped, or where it was the first offense on the part of a young person, under the influ- ence of liquor, and the wrong had been made right, and the com- plainant refused to prosecute. [f it is an offense to use my discre- tion in good faith about these matters, I must plead guilty to that much. If all warrants were issued that are asked for, there would not be jail room in the enough money in its treasury to pay even the witnesses fees, and there would be no more convie tions than at present, or would any good purpose be served, as complaints made from malice, and other improper motives against innocent parties, are a matter of daily occurrence. I do not fear a fair investiga tion into any official act of mine, and if that kind of an investiga- tion is contemptated, I shall wel- come it. —H. J. Loud. WES WRIGHT'SPEAKS. I welcome a complete and ex- haustive examination of my re- cord during my residence in northern Minnesota since 1886, and particularly my record as a { member of the board of commis sioners of Beltrami county. The records of the board are at the court house and are open to be examined by all who desire, and if it is found that I have been a party toany “graft’ or wrong- doing whilea member of the board, I am willing to take the consequences and-will be right in Bemidji where I can be easily found. AIllT ask for isa fair and impartial investigation. I deny every assertion made in the re port of the public examiner and can prove themall false. —Wes Wright SIBLEY’S STATEMENT. There is not a word of truth in any assertion made in the report of the public examiner to the gov ernor. Iam perfectly willing to have my acts as a member of the board investigated to the fullest extent and feel confident that the charges will be proved false. In regard to my trip to Tennessee,I will state that I was advised by the deputy public examiner, the board of county commissioners and the county treasurer to take the trip in order to settle upa shortage of $1500 in the account of 0. J. Shinn, the former county treasurer. I was successful in doing this and did not charge any more for my services and ex- penses on the trip than the amount to which I was rightly entitled. I had no mining inter- ests in Tennessee, and never owned or was interested ina dotlar’s worth of property out- side the state of Minnesota. As to the county printing contract, which was let to the Pioneer, the county board decided that the difference in circulation of the newspapers bidding for the work warranted the letting of the con- tract to the Pioneer at full legal rates. This year the Beltrami county News was awarded the contract at full legal rates before any other bid had been opened, although several other hids were presented. At that time Mr. Danaher had control of the board. The charges madeagainst me re- garding - the work on the Bau- dette road are also false. I was instructed by the county board to send J.J. Jinkinson and a crew of men out to take charge of the work and all the bills al- lowed for the work have been reasonable. As to the claim that there has been no work done on the road, I wish to state that there is a good road for 18 or 20 miles. —F. O. Sibley. . THE POLK COUNTY CASE. - The report of the public exam- county to hold the accused, nor| Legal (‘)pihi,h Declares Mr. Hazen is Neither Mayor Nor Street Comm’r. LAW..AND AUTHORITY CITED FOR_THE OPINION. | Trustees Cannot Make Contracts With- Themselves - Relating to Public Affairs. ‘With a view to contributing to the -solution of the difficulty in which Bemidji finds . itself in municipal matters the Pioneer has secured the following legal opinion for the law firm of Gib- bons & Torrance: Editor, Bemidji Pioneer. Dear Sir: E In compliance with your re- quest for our opinion on the fol- lowing questions,— 1. Can A. B. Hazen, a men- ber of the village Council of Bemidji hold the office of Trustee of the village, and at same time hold the office of street commissioner of the village? < 2. Is Mr. Hazen president of the village of Bemidji? We submit the following; and in view of the fact that we dis- agree with the opinions previ- ously published in your paper, we cite authority. WE ANbWER BOTH QUES- TIONS IN THE NEGATIVE. of the village council, is expressly prohibited by statute of this state from being in any way, directly or indirectly interested in any contract with the village or the village council. Sec. 1269, Gen. Statutes of Minn. 1894 provides: “No member of the village council shall become a party to or be interested, directly or indirectly, in any contract made by the village council of which he may be a mem- ber, and every contract or payment voted for or made contrary to the provisions hereof is yoid; and any vio- lation of the provisions of this section hereafter committed shgll be a MALFEASANCE OFFICE which shall sub- ject the officer so offending to REMOVAL FROM OF- FICE.” Sec. 6666 provides as follows “A public officer, who is authorized to make any con- tract in his official capacity, or to take part in making any such contract, who vol- untarily becomes interested individually in such contract, directly or indirectly, IS GUILTY OF A MISDE MEANOR.” ™ In the case of Stone vs, Bevans, 88 Minn. 127 the facts were that Bevans was president of the yil- lage council of Morris, Minn. An extension of the water works system of that village was in progress. Bevans manifested considerable interest in the mat ter, went to Dubuque, Ia. to in- vestigate a water works system there, and, in consideration of such assistance and in order to secure his active services until the completion of the enterprise, the council adopted a resclution appropriating to him $50 per month. Bevans was not present at the meeting, and did not par- ticipate in the resolution, but, pursuant to such resolution, or- ders to the amount of $150 were issued to and accepted by him. The plaintiff, a taxpayer, brought this action against Be vans to.compel him to refund to the village the money so paid him, and the supreme court af- firmed the judgment of the dis- trict court compelling the return of the money. The court in its opinion says,— “We are very clear that the resolution was ILLEGAL, and could confer no rights upon a member of the coun- cil based upon an agreement with that body for compensa- tion. The relation of mem- bers of the council to the vil- iner calls to mind the Polk county case of three years ago, when practically all the officials of the county were censured and whole- sale charges of graft and corrup- tion were made by the public ex- aminer. The Twin City papers pubished flaming first page ar- ticles sefting forth the details very much as in the present in- stance. | Governor Van Sant ap pomted a prominent Twin City attorney to prosecute the case and several inductments were returned by the grand jury. When the case came to trial how- ever it was found that the public examiner had not an iota of evi- dence fo support his charges and Judge Watts quashed the indict- ments and dismissed the case | within fifteen mmnbes after ma 1. Mr. Hazen, while a member Ladiesof Bemidii We would like to call your attention to the largest, high-class Dress Goods stock ever shown over the counter at one time in your city. Call and see. e e g SEEING IS BELIEVING. 4 4 4 VOILES PAN AMAS CHEVIOTS SERGES WOOL CREPE DE CHENF PLAIN BRILLIANTINE FANCY MOHAIR SU]TING Shoe Barga.ins: close at This list includes turns 1 lot Ladies’ Shoes worth up to $3. 50 t We carry the Artisto Shoe for ladies in both welts and turns; unexcelled for shape and \velts and beauty; price $3.50 1 lot Ladies’ Shoes, mostly close at large sizes; to | $l47‘ Our “Clear Quill” Ladies™Shoe is a special value; ask to see it; price $3 00 customers. Our “Shasco” Ladies’ Shoe at $2.50 and “Sharood” at $2.00 are money-savers for our We also carry a very complete line of Ladies’ Oxfords in turns and welts. No trouble to show our stock. Ghe BAZAAR STORE lage was one involving trust ard confidence, and such members COULD NOT MAKE CONTRACTS WITH THEMSELVES RELATING TO PUBLIC AFFAIRS, It is a fundamental princi- ple that the same person can- not act for himself, and at the same time, with res- spect to the same matter as the agent of another, whose interests might, bein con- flict with his. The two rela- tions imposed different obli- gations, and their union would at once involve A CON- FLICT BETWEEN INTER- EST AND DUTY.” . In this case the court calls at- tention to the statute making such action on the part of a mem- hor of the village council a mis demeanor. 2. Mr. Hazen has never been elected president of the village by-the voters of Bemidji. He was never selected by the mem bers of the council to fill the va-|- cancy created by the resignation of Mr. Ludington. We understand the position taken by Mr. Hazen in this re- gard to be that Mr. Ludington called him to the chair while Mr. Ludington presented his resignation as president of the village, and that there- upon Mr. Hazen became presi- dent, and that he will retain that office until his successor is elected. Upon the acceptance of Mr. Ludington’s resignation, the pur- pose for which Mr. Hazen was called to the chair having been accomplished, his right to act as chairman ceased. Had Mr. Ludington attempted to confer upon Mr. Hazen the office of president, such attempt would have been futile. The of- fice of president is an elective one, It can only be conferred by the vote of the people or by the vote of the council in case the president resigns. The rule that discretionary power delegated to an officer can- not he redelegated applies, and governs this phase of the ques tion. The president of the vil- lage is endowed with discretion- ary power. He cannot confer this power upon another. It is personal to himself. When the president resigns. he has no power or authority to dictate who shall be his successor. The re- maining members of the council alone have the power to elect the person whom they see fit to act as their president or chairman. This power is expressly confer- red upon them by statute. © See Sec. 1224. As to the proposition that dele- gated power cannot be redelegat- ed see Amer. & Eng. Ency, Law 2nd Ed. page 975 Note 4, and auth- orities there eited. Yours truly, —-Gibbons & Torrance. Cheated Death. fatally, but by choosing the right medicine, E. H. Wolfe, of Bear Grove, Iowa, cheated death. He says: “Two years ago I had kid- ney trouble, which caused me great pain, suffering and anxiety, but I took Electric Bitters, which We guarantee Barlow’s Best to be the equal of any flour on the market and the superior of most brands. It is milled from the best of wheat by a process which insures uniformity in strength and purity and good baking qualities. 1f you are not a steady buyer of Barlow’s Best it is because you have not yet tried it. All we ask of you is to give Barlow's Best a trial; it ill do the rest. The Bem dji Elevator Company. The North Bemidji & Mississippi Improvement Co. Kidney trouble often ends| effected a complete cure. Ihave also found them of great benefit in general debility and nerve trouble, and keep them constant- ly on hand, since, as T find they have no- equal.”- All druggists guarantees the Offers to Bemidji People the Following Propoéitiom 1 ten or more applications can be received within 30 days for cottages and lots we will build a frame cottage 20x20, 8 feet high, divided with movable or permanent partition into three rooms; two outside doors, six windows an porch; hardwood floors: outside walls painted. And offer same with one-acre lot fronting on Lake Bemidji at Mississippi Siding, at $200 for lot ard cottage. Terms: $100 cash; balance in 5 to 20 years’ time at 6 per cent to suit pur r. This offer is only good on condition that 16 or more will sign contracts before any building is commenced. J. J. OPSAHL - - 518 Beltrami Ave. a 1 12x9 ® ! 8x9 Manager Phone 341 ’ Send applications to o ..The Bargain Store.. sells Stoves, Ranges, Beds, Springs, Mattresses 1 and Furniture at ROCK BOTTOM PRICES. ‘We have recently added a 5¢, 10¢, 15¢, 20c and 25¢ Tinware Counter. 4 Give us a call. M. E. IBERTSON +eooeseen Yours for business, Serious Stomach Trouble Cured. I was troubled with a distress in my stomach, sour stomach and vomiting spells, and can truthfully say that Chamberlain’s Office: - Boom Bwadbick Bisekc Stomach and Liver Tablets cured Bemidfi, - = 3 Minnesota, me.—Mrs. T.V. Williams, Laings- | cesesseessessecosscescoocs bnrg,'Mich * For sale by Bark-| - er’s Drug store.” PHONE THE PIONEER. 31—Call 2. Business office. ~ 31—Call 3. News offiev. ; 0. M. SKINVIK, Justice of the Peace and Notary Public. Don’t waste your timein ex- perimenting. Go tothe Grill for your Sunday dinner and.you know that you are getting the { best.. pi ~