Bemidji Daily Pioneer Newspaper, February 23, 1907, Page 1

THE BEMIDJI DAIL MINNESOTA JHISTORICAL SOCIETY. PIONEER. VOLUME 4. NUMBER 258 BEMIDJ1, MINNESOTA, SATURDAY EVENING, FLBRUARY "3 1907 TEN CENTS PER WEEK RECITAL LAST NIGHT WAS ARTISTIC MUSICAL EVENT A Large and Appieciative Crowd Attests to the Popularity of the Various Ferticipants.---Was Best_Affair of Kind Ever Given The pipe-organ-piano-voice re- cial at the Presbyterian church last night was a magnificent suc- cess, in every way. There was al large attendance, and the hearty applause showed appreciation of a program of rare merit. Musicians and lovers of music who were present are unanimous in pronoancing the affair the| most brilliant mus\cal recital | ever given in Bemi | Mrs. A. A. War no‘d opened the program with a selection on, the pipe-organ, “Offertoire in I, n by Lefebere Wely, which shej handled in a masterly way merit-! ing the applause she received, 1 Mrs. Warfield’s playing a‘u church organist is always plea ing, but last night was especially | fine. ! Rev. Alfred L, Hall-Quest sus-, tained his enviable repulation as; the foremost pipe-organist in the northwest, and was encored after | each number. He played one se- lection of his own composition which was exceptionally well received, while his handling of{ the organ in the dvet from Faust, played with Mrs. Foster at the piano, was above criticism. | Mr. Hall-Quest plays with al delicacy of touch and depth of} feeling that reveal the true musical artist. Mrs. R. B. Foster gave a most finished performance on the| piano. In “The Romance of| Pierrote and Pierrette” she dis | played a delightful sense of in- terpretation, and a brilliant as} wellas velvety touch. If empha- l sis should be placed anywhere, 1 special mention needs to be Luade| of Mrs. Foster’s accompaniments to Mr. Turner’s solos, wherein she revealed the time artist and| painstaking supporter of the soloist. Similar comment canj be made of her performance in the selection from Faust. Mrs, Ike Black who played, By Local Talent. with Mrs. Foster, the duet *“The Romance of Pierrote and Pier- rette,” is an artist at the piano. The two ladies played as though the same spirit animated the fingers of both, and the same commendation given Mrs. Foster in the handling of this beautiful composition is due to Mrs. Black, also. Bemidji is indeed favored in having such a singer as Prof. E. R. Turner. He has a bass voice of magnificent quality and re- markable range. His perfect mastery of the art of expression and hisbeautiful interpretation of the spirit of a song make his singing a delight to his hearers. ~,\h Turner never sang better {than last night. His first se- |lection“The Courier of Moscow,” was never better rendered by ne in the hearing of those sent. He responded to an encore with “The Gipsy Fortune Teller,” Later in the program, Mr. Turner sang “The Bandol- ero,” as it never was sung in Bemidji and was again brought back with an encore, In his selection “Rolling in Foaming Billows,” from Haydn’s Orato- rio, “The Creation,”’ he was ac- companied by Mr. Hall-Quest on the pipe-organ, and the power of his wonderfal voice was revealed in this magnificent solo, superbly sung, which was a fitting climax to an evening of rare ‘enjoyment for the audience. It is not too much to say that so rare a combination of musical talent is seldom found outside our largest cities, and those present at the recital will re- member it with pleasure for many a day. The piano used was furnished by courtesy of the Segerstrom Music Co. ot Minneapolis, whe pr !placed the piano in the church, tuned it in pitch with the organ and removed it when the recital was over. S DOINGS IN THE VARIOUS | CHURGHES OF THE GITY, Hours of Worship and Subjects of Ser-/ mons to Be Delivered in the City Tomorrow. i St. Phillips Catholic church.—! Early mass, 8:30 a. m.; high] mass and sermon, 10:30. Sab-| bath school 2 p. m. Rev. Father O Dwyer. Methodist.—Mr. Peart will dis- cuss at 11 o'clock tomorrow inorning, Paul’s “Thorn in the! Flesh,” and in the evening will deliver his fourth sermon on marriage, the subj2ct being «“John’s Wife.” It is a guod sign when peZ)ple are attracted tochurch by the discussion of} vital themes. Mr. Peart is pleased at the large hearing his; discourses have had, and it is a most gratifying thing sermons alone attract public at- tention and ir.duce people to at- tend church. Miss Ida Brown will sing “Jerusalem” and M.} when | | the evening the subject will be “Jesus in the House of Simon.” Sunday school at 12:10; and Young People’s meeting at 7 p. m. Preaching at 11 a. m. and 8 p.- m. Come if you can. Sunday School Institute. A Sunday school institute will be held in this city next week, beginning Monday evening and continuing Tuesday afternoon and evening, The session on Monday evening will be held in the Baptist church, and those of Tuesday afternoon and evening will take place in the Methodist church. In addition to the local Sunday school workers, there will be preseat Mr. J. H. Irish, a promi- nent attorney of Detroit, Minn., who 1s one of the strongest work- ers in the state, and who will assist in making the institute a pleasant and profitable one. A general invitation is ex- tended the public to attend the institute, Much Interest Shown. Rev. Father O’Dwyer has re- Aldis “Face to Face,” in the evening. Presbyterian.—Morning wor- ship at 11. Subjact, “The Living Redeemer.” Sunday school and Bible class 12:15. Jr. C. E. m. Sr.C.E at7p. m. In the evening at 8 o’clock the pastor will preach a chemically illus- the outlook. trated sermon. Prof. Turner will sing at these services. public is cordially worship with us. The | first visit to Kelliher. invited to|with a very encouraging recep- turned from a trip to Blackduck, Northome and Kelliher, where he went to consult with the local Catholic congregations of these places. At Blackduck and Northome, new church buildings have been 3p completed, and Father O’'Dwyer reorganized the societies at both places. He is much pleased with This was Father O'Dwyer’s He met tion there, and believes that the small congregation with which Baptist.—The subject on Sun-[the parish will start' will be day morning will be “How Is|greatly strengthened from the Yom' House Furnished?” In|beginning. STATE OF MinNEsora ) District Court, County of Beltrami § 15th Judicial District, WADE \VELI\ER Plalntiff, CITY Ol* BF\IIDJ[ Defendant, The above entitled cause came on for hearing upon the motion of the defendant, ‘‘that judgment be entered in favor of the de- fendant notwithstanding the ver- dict,” and, in the event such motion were denied, then, on motion of the defendant, ‘‘for a new trial;”’ P. J, Russell, Esq., appearing for the defendant, aud B E. McDonald, Esq., appearing for the plaintiff. | Now, after hearing the argu- ments of counsel and examining carefully the record in said cause, and the court being ad- vised in the premises; It is ordered, That the said motion of the defendant for the entry of judgment herein in its fayor notwithstanding the ver- dict be and the same, hereby, is denied; and Second, That the motion of the defendant for a pew trial herein be and the same, hereby is, granted. Dated February 23rd, 1907. —M. A. Spooner, District Judge. MEMO. In this action, the plaintiff sought to recover damages for a broken leg, resuiting from the alleged negligence of the detfend- ant and its officers. The jury, by its verdict, awarded damages to the plaintitf in the sum of one! thousand ($1,000) dollars, Among other things, the court charged the jury, at the request of the plaintiff: “If you find that the plaintiff is entitled to recover in this case, (:heu, in arriving at the amount of plaintiff’s damage, you may consider whether or not! the plaintiti has fully recovered he has not fully recovered, you may allow him compensation for |as regards the fracture, as to the at this time, and, if you find that|, Trial Filed Today. upon your limb? A. Iam lame.” “Q. Have any pain attend- ing the lameness? A, Yes, sir.” Q. Is there any tenderness there? A. Yes, sir, there has since it was broken.” page 38. +Q. Then, you don’t agree| with your Doctor when he says your leg 1s perfectly sound and as gnod as ever? A. No, sir, I| don’t, if that is the case.”i (Record, page 43 ) On the other hand, Doctor Smith, the plaintiff’s physician, who gives the only medical testi- mony in the case, testifies: “Q. In what condition was the nmb in at those times? A. Well, there was some swelling about the foot, and ankle, ana lower limb; it gradually disap-! peared up to t.he lash ume I saw bhim. ¥ Well, there was, perhaps—there was a slight bending, yes—what I mean was, a slight departure from normal; about what you! would get in any fracture.” (Record pages 22 and 23.) “Q. The recovery and union took an entirely normal course? A. Yes, sir. Q. You got excellunt results? A. Iconsidered so. Q. Did you ever see a better union than this? A. A. to ulti- mate results, I don’t—you mean (Record, function, I say no, [ have seen| them where perhaps they united with perhaps deformity, with less departure from the normal prob- ably. Q. Is the function of this leg at the present time impaired by the break? A. Do I understand you to mean just as far.as the break is concerned? Q. Yes? A. I should say .”’ (Record, pages 23 and 24) “Q. And,in’the setting and union that curve was slightly re- future disability and suffering resulting from such injury as part of his damage.” This in- struction was given in addition to the following quotation from the general charge: ¢‘In deter- mining the amount of damages, you have a right to find such an amount as, from the evidence, will compensate him for the per- sonal injury he has received, for his loss of time, and for the pain and suffering undergone by him, and any permanent injury, ifany such has been proven.” Under the circumstances, this was prejudicial error, on account of which a new trial must be granted. A most careful search and re- view of the record fails to dis- close the existence of any proper or legal evidence authorizing the consideration by the jury of the element of permanent disability or injury. The only testimony in the record possibly suggestive of future disability is the testimony of the plaintiff when he states: duced? A. The curve now is somewhat anterior; I should say yes, perhaps slightly reduced, es. Q. I don’t know what you mean by “somewhat anterior;” please explain that? A. I think, perhaps, there is a slight promi- nence at the site of the fracture, perhaps a little more prominent than normal, perhaps attributed to the callous. Q. That does not in any way interfere with the function of the leg? ! A. No. Q. It would possibly interfere| with the beauty of his legs if he was a ballet dancer? A. That! is all; 1 don’t know that it would be perceptible then.” (Record, page 25.) The jury should not be per- mitted to take into consideration elements of damage which are| contingent or speculative. The correct rule, as applied to such cases is; that one can recover ““It (the leg) swells at times yet, if I have a hard day’s work and have to be on my feet.” (Record, page 37.) “Q. What is the effect if you have to stand on your feet only for such future conse- quences as are shown to a rea- sonable certainty will result from the injury. “Inorder to justify all day now, or walk considerably | been a tenderness in ny ankle|, and in the cords of my leg ever! Elkhart v. Ritter, 66 Ind. 136. inent,” NEW TRIAL IS GRANTED IN THE WELKER DAMAGE SUIT Wade Welker Sustained a Broken Leg and Sued the City of Bemidji for $5,000 Damages..-Verdict of $1,000 Dam- ages Awarded Welker.--Application Made for New Trial.--Decision Granting New future or permanent disability, it must appear thata continued or permanent disability is rea- sonably certain to result from the injury complained of.” Ohio, ete., R. Co. v. Cosby, 107 Ind, 32. Cleveland. etc.. R.Co. v. Newell, 104 Ind. Chicago, etc.. R. Uo. v. Kennedy, 2 Kan. | App. 643 i " Groundwater v. Washington, 92 Wis, 5 White v. Milwaukee City R. Co. 61 \Vl: 536. In the latter decision it is stated: “The testimony of the plaintiff and some of her wit- nesses tends to show that at the | time of the trial she had not re- covered from the effects of the injury; that her lin.b was not then in a normal condition, and that the effect of such injuries would or might be permanent.” On this testimony, the jury re- turned a verdict, as follows: {“Temporary injury to the right leg, which may prove perma- On appeal, the order denying a new trial was reversed by the Supreme Court, which, in its opinion states the law to be, as follows: “To justify the jury in assessing damages for future or permanent disability, it must appear by the proofs that contin ued or permanent disability is reasonably certain to result from the injury complained of. Itis fair to assume that the jury pred- icated their assessment of dam- ages, in part, upon the possibility of permanent injury.” In the case last cited, the testimony relative to permacent injury was much stronger than in the case at bar, and yet, the Supreme Court held there was not suffi- cient evidence to go to the jury of permanent disability. The same rule obtains in this State: “In a personal injury ac- tion the plaintiff is entitled to re- cover damages for all of the direct consequences of his injur- ies, future as well as past; but he “can recover only for such future consequences as are shown to a reasonable certainty will result from his injuries.” Olson v. 0, t, P. R. R., 102 N-1, 440, L'Heranlt v, capolls, m) Minn 2, McBride v. R. 72 Min In the case at ba.r, the jury might have awarded some por- tion of its verdict of one thous- and (1,000) dollars on account of supposed permanent injury. To have done so, without any legally sufficient testimony show- ing that permanent disability was reasonably certain to result, would constitute error. What proportion of the thousand dol- lars was or may have been so allowed, of course, is not sus- ceptible of ascertainment. It is prejudicial error for the court to submit a case to the jury upon a point upon which there is no evidence.” Van Doran v. Wright, 6 Minn., 80. Rugland v. Tollefson, 53 Minn., 267. Mailand v. Mailand, 8 Minn., 453, It will thus be seen, that, be: cause there is not that degree of proof in this case which can be said to warrant a reasonable cer- tainty of permanent disability it was error to submit to the con- sideration of the jury the ques- tion of permanent injury, and, therefore, a new trial must be the assessment of damages for|ordered. LOGAL ELK LODGE IN A PROSPEROUS GONDITION Ten New Candidates Initiated---A New Lodge Hall and Opera House Contemplated. Bemidji Elks were strength- ened Thursday night by the ini- tiation of ten new candidates into| the mysteries of the order, the occasion being taken advantags of to hold a social session and ex- emplify to the newly created members what constitutes a good feliow. F. Phillips, W. A. Currie, Martin Linden, J. O Harris, of Bemidji; W. H. Squiers, A. M. O’Kelliher, {Charles Carter, Blackduck; George Collard, Park Rapids. The *“‘goat’’ was in good working order, and the excellent qualities | of the Elk teachings were exem- plified to the entire satisfaction of the candidates. : After the initiation, there was a social session, at which there was much repartee and ‘jolly- mg ’and a general good time, Coffee and sandwiches were iserved, and it was with regret that the crowd terminated the “meeting at 3a. m. Eigzmdp Lodge, No. 1052, B. P. The following ‘fawns’’ consti- tuted the class which was put through by the local degree team: Thayer C. Bailey, David 1s'ina very healthy con- dmon, and although the ‘baby” lodge, promises to equal if not With the ten candidates who were initiated Thursday night, the lodge now has a member- ship of fifty-one active, wide- awake Elks, and there are thirty applications for membership that are before the lodge for consider- ation. A conservative estimate places the membership at 150 within the next twelve months. The Elks are already agitating an enterprise that would be of much benefit to the city as well as the order. Itis proposed that the “bunch’ erect a first-class building which shall be used as lodge hall and opera house, com- bined. Such a building is much needed in- this city, as the present city hall, which is used for an opera house, is not as good a playhouse as a city of surpass in strength any lodge in the north half of the state. 5,000 inhabitants (which Bemidji possesses) should ha.ve Prospects Are Good for a As the days pass by, and the “kids” of the city are engaged in the strenuous pastime of “knuckle down for keeps,” the baseball fan is beginning to feel his oats, and he longs for the song of the umpire tobe again heard in the land along with the robin and other harbingers of the gladsome springtime. Several of the baseball enthu- siasts of the city have been talk- ing of the prospects of Bemidji for the ensuing year, and have been holding “fanning bees” for some time past. The indications are that this city can. put a 1907—fully as strong as that of last year. Last season, the team which represented this city was the tion in this part of the state that defeated the strong Hibbing champions, and all games be- tween the two teams were battles royal, with luck on the side of the range town team. The local management was considerably handicapped, at; the beginning of the season, last strong team into the field for| only _semi-professional organiza- | TIME TO GET BUSY ON A BASEBALL TEAM FOR 07 Successful Season.---With a Good Team : nd a Loyal Bunch of “Fans,” Bemidji Will Be Ready for Season. year, by being compelled to play on thediamond at the fair grounds about a mile from town. About the middle of last season, new grounds were provided, more in the center of the city, and added interest was at once manifested \in the game, with tie result that i the attendance was more flatter- {ing and the managemeat was I more encouraged. At the present time, there are several new ‘“fans” in the city, and much more interest will be taken in the game this year. Among these is F. 8. Lycan, who is a ““fan’’ of the thirty-third degree. Mr. Lycan is an old ! player, having been second base- | man on the Grand Forks team, along in 1888 89, and he was also {manager of the ‘“Fork” cham- {pion, but does not play now. |However, he can be depended {upon to assist the local ‘‘boos- ters” in giving some good ball. A meeung of those interested in baseball, will be held at the Markham hotel next Tuesday evening, at 8:30 o’clock, when {the situation will be gone over some preliminary steps taken itowards organization. —_— KILLED IN ROSS & ROSS CAMP NEAR KELLIHER Limb of Tree Falls on William Thomp- son, Who Is Crushed To Death. Kelliher, Feb. 2.—(Special to the Pioneer.)—William Thompson aFinlander employed in a logg- ing camp operated by the firm of Ross & Ross, three miles from this village, was hit.by alimb of a falling tree, yesterday, and in- stantly killed. Thompson was working in Ross & Ross's camp No, 4. He was watching a tree that had been one portion that wes falling dir- ectly in nis path., The large limb hit him fairly on the head, with the result that he was crushed to the ground. He died instantly, and his body was taken to Kelliher. J.P, Lahr of Bemidji was called to Kelliher and prepared the body for burial. The funeral was beld this afternoon aud the re- mains were interred in the local burial ground, It was claimed that Thompson had a sister living in Hibbing. He had been here but a week and not much was known con- |cerning him or his relatives, All efforts to locate the sister were unavailing, and no word was re- ceived from anyone else concern- ing Thompson. Additional local matter will be found sawed, and evidently did not see on fourth page. selection of his hat. —Made according to The Yeoman Derby The discriminating gentleman does not hesitate in the It is always —Containing the quality thatis particularly adapted to the finest of all hats; -~ —Possessing that distinction which appeals to the taste of men who know. the newest blocks can you get New 1907 Styles Now ready for you at the store of (0’Leary & Bowser The Greater Department Store At no other place in Bemidji “The Yeoman $5 Hat We have the exclusive selling. ?