Bemidji Daily Pioneer Newspaper, February 16, 1907, Page 1

" THE BEMIDJI DAILY PIONEER. SOGIETY. VOLUME 4. NUMBER 252 BEMIDJ1, MINNESOTA, SATURDAY EVENING, FEBRUARY 16, 1907. TEN CENTS PER Wfi PRESIDENT BACKS DOWN ON HOMESTEAD UKASE. Order “Reissued,” Which Will Give Homesteaders More Rights Than Under Old Order. President Roosevelt has backed water on hie recent land office order which prohibited the is- suance of final certificates on all land taken under the U. S. laws until a special government officer has personally inspected the claims and made his report. A telegram has been received by the register and the receiver of the Cass Lake land office modifying the order of Jan, 25| to such an extznt that in effoct it is really rescinded. The tele- gram read as follows: “Since there is some uncer- tainty concerning the meaning of the order of Jan. 25 relating to the issuance of evidence of title under the public land laws, I re- issue the order in the following more spacific form: To facilitate the final disposition of proper applications for patents and to prevent the fraud now practiced in the acquisition of puplic lands of the United States, I have to direct that hereafter no final certificate, patent or other evi- dence of title shall be issued un- til an officer authorized to make field examinations has made such examination or has obtained in- formation of equivalent value. “This order, however, shall not be taken to affect or modify the following: Final five-year homestead entries heretofore made when the proof is satis- factory and complete, homestead entries commuted on ceded In- dian land in which annual pay- ments are required, entries where claimants’ compliance with | law has been established by con- test or other adverse proceeding and entries in which no resi- dence or improvement is re- quired by laws when the lands embraced therein are situated in non-mineral localities as shown by the records of the geological survey or when their character has been fixed by investigation and classification made in accord- snce with law. This order is to replace my order of Jan. 25. Feb. 12. —Theodore Roosevelt.” Basket remnant sale. Extra special bargains will be given Friday, Saturday and ‘Monday. At the Berman Emporium. ANTON R. ERICKSON. Candidafe for Alderman, from Second Ward, City Election, Feb. 19. Anton R. Erickson has an- nouneed his candidicy for alder- man from the Second ward, at the city election to beheld next Tuesday. Mr. Erickson has had much experience asa public official. He lived in the city of Crookston for several years; was a member of the board of directors of the Crookston Commercial union, and was for several terms dep- uty county auditor of Polk county. Mr. Erickson has been closely identified with municipal matters in several places where he has resided, and is in a posi- tion to give good service to the city. B % Call at the Pioneer when you are in need of office supplies. Jno. Pogue The Sole Accuser. During the two years and eight months that H. W. Bailey served as village recorder of Bemidji, he was never required to furnish a bond, so certain were his associates on the council of his honesty and integrity. During that time, Mr. Bailey handled and paid out some $55,000 of the village funds. Messrs. John Graham and W. N. Bowser (avowed politi- cal enemies of Mr. Bailey) were members of the council and also of the finance and auditing committees. Their reports (which are a matter of record) declared the official acts of Mr. Bailey to have been absolutely correct, certainly a strong en- dorsement of Mr. Bailey’s “square” dealings. And this honored gentleman is the man whom Jno. Pogue, candidate for mayer, would brand as a thief, charging him (M. Bailey) with having stooped so low as to have stolen $20 from Mr. Pogue THE STATE OF MINNESOTA. | County of Beltrami. } District Court, Fifteenth Judicial District, In the matter of the application of L. G. Penderga M. Skinvik for an order log, as clity clerk i, from printing upon ballot, to be used at the city election, to be held February, 19, 1907, the name of M. G. Slocum as candidate for election to the office of city justice, The above entitled matter, came before the court on the 15th day of Webruary, 1907, at 2 o’clock in theafternoon; E. E. McDonald Esq , appearing as attorneys for the petitioners, and Messrs. Chester McKusick and John F. Gibbons as attorneys for the re- spondent. Before the presenta- tion of any affidavits on the part of the respondent, the respon- dent moved to dismiss the pro- ceeding and the order to show cause herein on the ground that the court has no jurisdiction to pass upon the questions sought to be raised under the moving affidavits and the order to show cause issued thereon in this sum- mary proceeding; such motion was taken under advisement and thereupon the affidavits on the part of the respondent were sub- mitted. It was agreed, for the purposes of this proceeding, that the statements appearing in the affidavits presented by the re- spondent should be taken to be true and that all the statements | »nd matters contained in the «ffidavit upon which the order to show cause was issued should be taken to be trur, except those in- volving mere conclusions. After hearing the arguments of counsel for the respective par- ties, and the court being advised in the premises. It is ordered, That the order to show cause herein be -and the same, hereby, is discharged. Dated February I6th, 1907, M. A. SPOONER, District Judge. MEMO. The issue sought to be raised by this proceeding is, whether the terms of office of L. G. Pen- dergast and O. M. Skinvik, jus- tices of the peace, denominated under the City Charter of the City of Bemidji “City Justices,” expire on the fourteenth day of November, 1907, or on the first Monday in March, 1908. Itap- pears from the gdmissions of the parties that M. G. Slocum has duly filed with the city clerk of the City of Bemidji, his certifi- cate of nomination for the office of justice of the peace of the City of Bemidji and paid the proper filing fee, for the purpose of hav- ing his name placed upon the bal- lots at the city election to be held on the nineteenth day of Febru- ary, 1907, under the claim that there will bea vacancy in the office of justice of the "peace of the City of Bemidji, which, under JUDGE SPOONER DENIES RESTRAINING ORDER Decision Rendered this Afternoon in Application of L. G. Pendergast and 0. M. Skinvik for Order Not to Use Name of L. G. Slo- ' cum on City Election Ballots. the provisions of the city charter,| by any provision to be found in is to be filled at the ensuing elec- | the city charter of Bemidji based tion on February 19th, 1907. The|thereon, that the. provisions of petition filed herein was for the|Section 8, referred to, should be purpose of obtaining an order to show cause, why the City Clerk should not be restrained from placing the name of M, G. Slo-l cum upon the ballot to be sub affected. The question so aris- ing, it seems to me, is one con- cerning which there is so much doubt and to the respondent, Slocum, at least, so important, mitted at said election, the con-|that it shouid not be passed upon tention on the part of the peti-|and decided in such a.summary tioners, or rather the persons|proceeding. Should anorder be signing the affidavit upon which|made restraining the city clerk the order to show cause was!from placing upon the ballut the issued, namely; L. G. Pendergast, | name of M. G. Slocum, the latter and O. M. Skinvik, being to the|would be practically without any effect that there is no vacancy in |remedy, in the event the proper the office of justice of the peace|construction of the law is to the to be filled at such election. |effect that vacancies occur in the Counsel for the petitioners has |office of justices of the peace on vresented a most ingenious and |the fourteenth day of November, plausible argument to support|1907; because the ballots for the that contention; on the other {ensuing election should be in the hand, counsel for the respondent | hands of the printer today. On have forcibly contended that|the other hand, the placing of the such vacancy will occur on the{name of Mr. Slocum upon the fourteenth day of November,|ballota would entail no injury to 1907, and that, under the pro-|anyone, unless it be the mere visions of the city charter, such|theoretical damage arising vacancy should be filled at the|from erroneously placing his SIXTH NORMAL SGHOOL IS GROWING NEGESSITY. Present Schools Are Over-Crowded and Another Scoool Would Relieve Situation. To many persons, the valne of a state normal schonl to a section of the country must be some what vague and indefinit. Such a school, like many (ther impor tant institutions, is often locked upon with a degree of considera- tion altugether inadequate to it real importance. A state normal school is the people’s school t» instruct the girls and boys who aspire to teaching, how to proceed and be- teacher. It is nota high school, ing for its direct object and pur- teach. brought to the people, rather than compel the people to go to it, because it is not only cheaper but highly advisable to have it there. This idea is prominently work- ed out in such states as New York, which, with an area of less then 50,000 sq. miles, has four- teen state normal schools; Pennsylvania with 45,000 square miles, has fourteen state nor- mals; Massachusetts, with over 8,000 square miles, has nine state normals: Wisconsin, with 56,000 square miles, has seven normal schools; while our own state. with ten times the area of Massachu- setts, has but five state normal schools. The idea is not only to provide the same opportunities to the aspiring youth of the less favored portion, but to fit him to become efficient in the service of his neighborhood. Our present normal schools are well attended, as may be seen from the following table, taken from the advance sheets of the election to occur on February 19th, this year. The question sought, to be raised is one that is by no means free from doubt. If, as contended by the petition- ers, Section 8, of Article 6, of the Constitution of the State has been so modified by Section 36, of Article4, of the Constitution, as to enable the City of Bemidji at its election adopting the charter to extend the term of the offices of the justices of the peace first elected beyond the period of two years, and it were the proper construc-| tion of the charter of the city to hold that it was so intended, then there is no vacancy to fill in the oftice of justice of the peace prior to the village election in Feb- ruary, 1908; but to'so hold would necessitate not only the determin- aticn that Section 36 of Article 4 does so modify the provisions of Section 8, Article 6, of the Con- stitution, and that the authority conferred by -uch modification was in fact assumed in the adop- tion of such charter, but also that apparent inconsistencies in the charter should be so harmon- ized as to point to the conclusion that the term of the justices elected at the first election under the charter should be extended beyond the period of two years, thus, apparently, at least, oppos- ing the provision of Section 8 of Article 6 of the Constitution, which provides: - “The legisla ture shall provide for the election of a sufficient number of justices of the peace in each county, whose term of office shall be two years,and whose duties and com- pensation shall be prescribed by law.” 1Inorder to grant the re- lief asked for by the petitioners, the court must find that this contention 1s correct. As stated, the respondent con- tends that it was not intended, either by the adoption of Section 36, of Article 4, referred to, nor name upon the ballot. If there is a vacancy to be filled at the ensuing election under such con- struction of the law as the Su preme Court may- afterwards give to it, the .rights of the petitioners could not be affected by placing such name on the ballot. . If, as contended by the petitioners, no vacancy occurs to be filled at an election prior to the village election of next year, February, 1908, the petitioners and the public cannot be in fact mjured, because, in any proper proceeding to be begun by the respondent, Slocum if he be voted for at the election to be held next week, in the nature of quo warranto, or otherwise, to test the question he must be defeated. Leaving out’of consideration the point suggested that Section 220, of the Revised Laws of 1905, is not sufficiently broad to cover the circumstances here, because there has been omitted from it certain provisions to be found in Section 202 relative to errors about to be [committed, and wrongful acts about to be done, Iam of the opinion that it was not intended that questions of the importance of the one pre- sented here, and under the cir- cumstances appearing here, should be decided in the sum: mary manner provided by either of the sections last referred to, especially .when application is made to the District Court, but that the practice provided for in such sections is only to be adopted where the act or omis- sion complained of is clearly wrong and plainly prejudicial to the interests of the persons seeking to invoke such remedy. Because of the doubt-involved in the construction of the various provisions. of the Constitution and of the Charter referred to, Oontinued on last column, - ‘| other branches of the'city’s work report of tie stite superinten- dent of public instruction: Attendance in normal depart- & ment: 1904.’05 1905 06 Winona 868 385 Mankato 462 515 St. Cloud 493 551 Moorhead 372 441 Duluth 161 202 T. ). MILLER Makes An Announcement to the Voters of the Second Ward. Bemidji, Feb. 11, '07. I hereby announce myself as a candidate for re-election as alder- man of the Becond ward, at the election to ba held at the City Hall on Tuesday, February 19. Having been on the board one term, and a member of the finance committee during the term, I would be pleased to have every voter in the ward step into my office, where I have a copy of | the financial standing of the city. I will be glad to explain to all the amount of work attending . the formation of a city from a village, especially the committee work. I believe the entire council have done their atmost during the past year for the building up of our city, and I think that in com- mon courtesy those that have borne the burden should be in- titled to one re-election; and I ask the support of the voters, thinking that at least some of the work already begun can be pushed to a successful issue bet- ter by those having the work in charge than can rew men at this time. Our sewer system is well under way at the present time. The extension of our water mains is well begun. - In the establish- ment of & sinking fund we now have in round figures $7,000 for the purpose of meeting bonds when they begin to mature, and come efficient in the work of a neither is it a university, but isa common professional schoo!, hav- pose the education of persons to ‘Such a school should be “One Good Term Deserves Another” i < < % ® MAYOR A. A CARTER Candidate; for Re-election, I solicit the support of the CANDIDATE FOR ALDERMAN, SECOND WARD. I hereby announce myself acandidate for election to the office of alderman from the Second ward. ' voters of my ward at the polls on Tuesday, Feb. 19, and if elected will serve the best interests of the city to best of my ability. —_— ---J. BISAIR. are in as good condition as those above enumerated. There has been honest, hard work done by those having it in charge and I would like to see the entire board of aldermeén returned for an- other year. Very respectfally yours, —T. J. Miller, Alderman Second ward. JAMES CAHILL. Candidate for City Assessor. Anent the comirg city election it may be well to remind the voters of the city that city asses- sor is one of the most important offices in the city, and for their own protection they should see that the very best man is chosen. In this connection it may be proper to remind the voters that James E. Cahill, who was asses- sor for the last two years and whose assessment was the most thorough and equitable in the history of this municipality, is a candidate for re-election. Mr. Cahill is at present suffering from a very severe attack of in- flammatory rheumatism, and will not be able to see his friends be- fore election, but they, as well as all others having the welfare of the fund is still growing. All thecity at heart, should see that he is re-elected on the 19th. H. W. BAILEY, Candidate for City Clerk, at City Elec- i tion, Feb. 19. H, W. Bailey has announced his candidacy for the office of city clerk. perience in the municipal affairs ‘of the community, having served as village recorder (priorto the adoption of the city’ charter) for two terms, during which the re- cords were kept in a first-class. manner, and Mr. Bailey was al- ways punctual in his work and Iexpedifious in co-operating with the members of the council at meetings so that business did not drag. Mr. Bailey is an old soldier, being an honored member of Bemidji G. A. R. post, of which he has been commander ever since its organization. Heisan exemplary citizen and well wor- thythe support of any voter. Local news on last page. Continued from fourth column. and, because the issue raised is one which ought to have It,horough investigation before being decided, and, therefore, should not be decided in such & summary manner, [ am con- strained to discharge the order to show cause. Mr. Bailey has had much ex- ] | \