Bemidji Daily Pioneer Newspaper, October 5, 1907, Page 2

———t = | Gaiaddicalic THE BEMIDJI DAILY PIONEER PUBLISHED NVERY AFTHRNOON, OFFICIAL PAPER---CITY OF BEMIDII BEMIDJI PIONEER PUBLISHING CO. CLYDE J. PRYOR A. 0. RUTLEDOE, Business Manager | ‘Managing Editor Wntered in the postofice at Bemidii. Minn., a8 second class matter. SUBSCRIPTION---$5.00 PER ANNUM WEALTH OF DL THLST Income Account and the Balance Sheet Made Public. ASSETS SOMETHING IMMENSE Earnings for Last Year Were Over $83,000,000, but the Company Paid Only $40,000,000 Dividends—Present Surplus Amounts to $261,000,000. New York, Oct. .—For the first time there has just been made public the income account and balance sheet of the Standard Oil company of New Jersey, which is the parent of all the Standard Oil compaales of the world. The report shows that the wealth of the company has at no time been overestimated and that stockholders who have gone into Standard Oil In “the belief that the mystery In which the company enshrouded its accounts meant money calculated wisely, The income account shows that while the company paid $40,000,000 in dividends in the year ended Dec. 31 last it earned more than $83,000,000 and left as a surplus for the year something more than $43,750,000. Added to the previous surplus the to- tal surplus In profit and loss accounts amounts to $261,000,000, or more than nine times the amount of the great fine. The balance sheet of the company shows total assets of $371,664,532, as compared with a capitalization of $100,000,000. Apart from the capital stock outstanding and the profit and loss surplus the only lablilities are accounts payable to the amount of $12,264,000. The statements show for the first time the subsidiary com panifes and the estimated value or their properties. HEARING IS RESUMED. Question of Railroad Lubricating Ol Taken Up. New York, Oct. —When the hear- Ing of the federal suit for the dlssolu- tion of the Standard Oil company of New Jersey was resumed evidence was adduced which Frank B. Kellogg, conducting the government’s case, said he believes proves the contention of the government that the oll com- bine, through its subsidiaries, the Ga- lena Signal Ol company and the Wa- ters-Plerce Oil company, have a mo- nopoly of the railroad lubricating oil business and that it not only charges an excessive price but that it dis- criminates against certain railroads in the prices charged for its product. The Standard manufactures engine, valve, car and coach oil and Mr, Kel- logg said he would show that it con- trolled 97 per cent of the business. C. N. Steinbrenner, auditor of the railway department of the Galena Sig- nal Oil company, was the first witness called. He said that the only com- panies Which he knew sold lubricating olls to railroads were the Galena Sig- nal Ofl company and the Waters-Plerce 0il company, Mr. Kellogg then read a letter from Charles Miller, president of the Galena Signal Oil company, written on Feb. 23, 1905, to D. D. Marony, vice presi- dent of the Pittsburg, Shawmut and Northern railroad, in which Mr. Kel- logg stated that the Galena Signal Oll company was supplying 97% per cent of the total rallway mileage of the United States, Canada and Mexico with lubricating ofl. Mr. Steinbrenner said that he thought the Galena company supplied about 95 per cent of the total railway mileage. Contracts between the Bal- timore and Ohio railroad and other rallroads with the Galena Signal Oil company were placed in evidence, showing the price charged for various kinds of oil. Provision Had No Effect. Mr. Kellogg called the attention of the witness to & clause In the contract stating that if Franklin crude ofl de- clined 26 cents below $3.90 a barrel a reduction would be made to the rafl- roads. The witness sald no such reduction had been made during the fourteen years of his connection with the Ga- lena Signal Oll company. Mr. Kellogg asked if it were not a fact that Frank- lin crude oll is not the basis for the manufacture of lubricating oil, but the witness sald he did not know. The Galena company, he said, sells between 500,000 and 600,000 barrels of lubricating oil each year. “Don’t you know that the output of Franklin crude ofl {8 only 40,000 bar- rels a year?” asked Mr. Kellogg. The witness sald he did not. Mr. Kellogg called attention to the clause in the Galena company's con- tract with the railroads by which a refund was to be allowed the roads in case the cost of locomotive ofl ex- ceeded $1.75 per 1,000 miles. Mr. Btelnbrenner sald that under this clause the Galena refunded to the Pennsylvania rallroad lines east of Pittsburg about 44 per cent and on the Pittsburg, Fort Wayne and Chi- oago line about 50 per cent on its pur- chases of lubricating oll. Mr. Kellogg sought to spread upon the record and make public a list of seitlements with railroads for lubricat- ing ofl. The counsel for the defend- ants objected to making the record publlc, which, they clalmed, would lay open their business to those who had no right to it. The statements were finally placed In evidence. They showed the settle- ments made with about eighty rall- roads by the Galena company for 18- bricating ofls for & period of years, TO WED AUSTRIAN COUNT Engagement of Miss Gladys Vander bilt Announced. New York, Oct. —Formal an- nouncement of the engagement of Miss Gladys Vanderbilt to Count laszlo Szechenyl of Budapest {s made in the Herald. The Herald states that the announcement is authorized. No Jate hax been set for the wedding, but it is expected that it will take place at the Breakers, the Vanderbilt mansion In Newport, some time this Autumn. The count, who I8 the young- est son of the late Count Emerich Szechenyi, for some years ambassa. dor from Austria-Hungary to Ger- many, Is now in Newport, having ar rived from Europe Tuesday night, He is twenty-eight years old, rich and good looking, has an hereditary seat in the Hungarian parliament and is one of the chamberlains of the Aus- trlan emperor. Announcement of the engagement will be recelved with great interest both here and in Europe, owing to the prominence of both familles, Miss Vanderbilt Inherited from her father, the late Cornelius Vanderbilt, a for- tune of more than $10,000,000. She came into possession of this inherit- ance on attaining her majority last August. Miss Vanderbilt is the youngest child of the late Cornelius and Mrs. ‘Vanderblit and was introduced to New York soclety three years ago. Since her debut she has spent considerable time each year in Europe with her mother. SENATOR BORAH AGQUITTED Verdict of Not Guilty in Idaho Land Fraud Case. Bolse, Ida, Ooct. .—United States Senator Willlam E. Borah has been acquitted of the charge of conspiracy to defraud the government out of val- uable Idaho timber lands. The case was submitted without argument on the part ot the defense and the jury was out just long enough to take one ballot. The verdict was greeted with cheers, As soon as the news reached the outside bells were rung and the fire department made a spectacular run through the principal streets. A brass band appeared and when the senator reached his hotel the musicians played “Hail to the Chief.” The streets about the hotel were blocked by a cheering throng, where shouts mingled in the strain of the fire engine whistles and clangs of trolley car bells. Senator Borah thanked his hearers for their demon- stration and the confldence they had reposed in him throughout the trial. James Hawley, counsel for the de- fense, declared the indictment and trial on the flimsy evidence brought before the jury was “the most damn- able outrage and iniguity ever perpe- trated in the guise of justice.” ONE MILLION FOR CHARITY Will of D. Willis James Offered for Probate. New York, Oct. . —The sum of $1,000,000, divided into ten portions of $100,000 each, is bequeathed to sev- eral colleges and church and charita- ble organizations by the will of D. ‘Willis James, which has been filed for probate here. Legacies of $100,000 each were given to Union Theological seminary, Columbia university, Yale university, Amherst college, Cooper Union, Children’s Ald society of New York, American board of foreign mis- sions, Hampton institute, St. John cathedral of New York and the Pres- byterian hospital of this city. All the rest of Mr. James’ estate is divided between his widow and his only son, Arthur Curtiss James. The executors named were the widow and son, together with George Notman, a business associate of Mr. James, RATE CASE CONFERENCE. Minnesota Attorney General May Not Be Arrested. St. Paul, Oct. .—The arrest of At- torney General Young for contempt because of his defiance of Judge Loch- ren’s injunction in bringing manda- mus proceedings against the Northern Pacific railroad may not take place. This feature of the comm>dity rate in- Jjunction controversy may be dropped. On invitation of the attorneys for the stockholders in the eight injunc- tion suits Mr. Young will meet with them in conference and the finish may see the adoption of an entirely new plan for securing immediate consid- eration of the case by the United States supreme court. There is noth- Ing positive about such an agreement, but it is intimated. Die to Avoid Separation. New York, Oct. .—Rather than en- dure separation from his wife, which might have followed his transfer to another post, It is believed that Claude H. Perry, a soldier statloned at Fort Hamlilton, Brooklyn, shot and killed his wife Elizabeth and then committed suicide. Their bodies were found in their apartments. Perry was a native of Jackson county, Mo. Citation for Hearing on Petition for Administration. Estate of O 3 STATE OF MINNESOTA: Lo o [4 In Probate Court Connty of Beltrami In the matter of the Estate of Carl Aker- berg, Decedent. The State of Minnesota to Mathilds Akerberg, Elmer Akerberg, Arthur Aker- Garfleld Akerberg, Gustave Aker- len Southemberg and all per- ted in the granting of adminis- tration of the estate of sald decend- ent. The nfltlon of Mathilda Aker- berg having been filed in this court. repre- lentlnzonnt Oarl Akarbor?. then a resic of the Oounty of Beltrami, Btate of fll sota, died ent inne- intestate on the 16th day of Sep- T, : and praying tbat letters of administration of his estate be granted to her, the said Mathilda Akerberg;and the court, having fixed the time and place for hearing said petition; therefore, you, and each of you, are hereby cited and required to show cause, if any you have, before this %A‘)’\‘I.rb at the P Court‘reqine 1n the ity of Bim 4]l in the Sty of NovamborSuly a oncscts, on T, ) B n 0’ a. m. why ssld pesition should not be granted. Witness, the Judge of sald Court, lrlnl Seal of said Court, this 4th dav of October, 1907, K, COURT SRAL] Probate Judge. WD & . 7, Loud 0P JUdée Attorneys for Petitioner. Threaten to Lynch Negro. Burlington, Ia,, Oct. .—Frank Will- iams, a negro tramp who sald his home is in Quincy, 111, has been ar- rested at Monmouth, I, upon sus- picion of being the man who burned a child to death near Oquawaka, I1l. He was taken to Oquawaka during the afternoon. A hundred or more farm- ers have gathered at the scene of the outrage and it he is the man wanted threats are made of burning him at the stake. _ OFFICIAL Bemldjl, Minn,, Sept. 23rd 1907. Councll met at City Hall at regular meet- lnsll . m. alled to order by Chairman Gould. resent—Bowser, McCualg. Smart, Erick- son, Washburn, Gould, Brinkman. . Absent—McTaggart. Minutes of last meeting read and, as amended, approved. On motion and second the following bills wore allowed viz: M. G. Slocum, rent of bullding speclal election............. 10 00 Street gang, teams and labor. 86 74 Jerr: bing Co. englneer's 1773 52 sheets. . 4 25 Ordinance 29, “Licenses” was read a third time and lost by the tollowing vote: Ayes—None. Nays—Bowser, McCualg. Smart, Erickson, Washburn, Mayer, Brinkman, Gould. Absent—McTaggart. McTaggart took his seat in Counctl, Liquor license bond of Frank Gagnon with Ohas. Nangle and Ohas. Knopke sureties, was approved. Application of H. E. Anderson for liquor license was on motlon and second granted. Ordinance 28 “Street Rallway Franchise," ‘was read a third time and passed. Ayes—Bowser, McCualg, Smart, Erickson, Washburn, Mayer. McTaggart, Goald. Nays—None. Absent—Brinkman. i Ordinance declared adopted. Moved and seconded the city engineer cause to be lald a cement sidewalk along éth street abutting lot 13, block 11. original townsite of | Bemidjl. carried. Petition of Nels Layon and others, regard- ing sewer, referred to city engineer. Moved and seconded the Supt. of streets, repalr the road leading to Grant Valley, west of the G. N. R. R . carried. Moved and seconded the City Olerk adver- tise for bids for 100 water meters of standard make, bids to be sealed and to be opened betore City Council Oct. 7, 1907, at § p. m., carried, Moved and seconded the committee on city hall have insurance on said hall written in am’t 8,000, carried. Report of M. G. Slocum accepted, Moved we adjourn. Adjourned. W. A. GOULD, Chairman. THOS. MALOY, City Clerk. Sheriif's Sale of Real Estate Under Judgment of Foreclosure. STATE OF MINNESOTA. | County of Beltrami, {5 District Court, Fitteenth Judicial District. J. E. Raff, whose full name is James Edgar Plaintiff, vs. Maggle E. Everett and E. Everett, her husband: et, al., Defendants, Notice is Hereby Given, That, under and by virtue of a Judgment and Decree entered in the above entitled action on the 20th., day of September 1907, a certified transcript of which has been delivered to me, I, the under- signed. Sheriff of said Beltrami County, will sell at public auction, to the highest bidder, for cash, on Monday, the 11th day of Novem- ber, 1907, at 10 o'clock in the forenoon, at east front door of the Court House in the City of Bemidji in said County, in one parcel, the premises and real estate described in said Judgment and Decree. to-wit: All those tracts or parcels of land lying and being in the County of Beltrami and State of Minne- sota, described as follows, to-wit: The undivided one half interest in the West Half of the Southeast Quarter and the East Half ot the Southwest Quarter of Section Thirty-five (35) in Township One Hundred Fifty (150), N. ot Rfllll\fe Thirty-five (35) West of the 5th Principal Meridian containing 160 acres more or less according to U.S. Govern- ment survey thereof. BAILEY, Raif, Ross THOS. Sherilff of Beltrami County. ByJ.N. B.ull.mr. 0 Inputy. Dated September 27th, 1907. DU D. H. FIsk, Plaint] Attorney. NOTICE OF APPLICATION —for— LIQUOR LICENSE STATE OF MINNESOTA, County of Beltraml — tss City of Bemidji Notice is' hereby given, That application has been made in writing to the clty councll of said City of Bemidji and filed in my office, praying for license to sell Intox- icating liquors for the term commencing on October 1st, 1907, and terminating on October 1st, 108, by the following person and at the following place, as stated in said application, respectively towit: FRED E. BRINKMAN At and in that certain three-story brick bullding on the first floor and in the front room thereof, being locatedon lot ten (10) bluck seventeen (I7) original townsite of Bemidil, Minnesota, Said application will be heard and deter- minedgy said city councilof the City of Be- midji at the city clerk’s office in the clty hall sald clty " of Bemidji, in Beltrami county, and state of Minnesota, on Monday, the 7th day of October, A. D. 1907, at § o'clock p. m. of that day. seal of said Witness my hand .and ll:sl;fi' of Bemid this 4th day of October, A. D. THOMAS MALOY, . fsmAL] City Clerk. NOTICE OF APPLICATION —for— LIQUOR LICENSE. STATE OF MINNESOTA, } 58 County of Beltrami, City of Bemidji Notice is hereby given, That application 33 been made in writing to the clty council of sald city of Bemidj! and filed in my office, praying for license to sell intoxicating llquors for the term commencing on October 15th, 1907, and terminating on October 15, 1908, by the following person, and at the following pliltce. as stated in sald application. to- wit: F. 8. GEORGE, In that certain one-story brick building on the first floor and front room thereof being located on 1ot 19, block 14, original townsite of Bemid)l Minnesota, Street No, 314 Minne- sota avenue. Sald application will be heard and deter- min Yy sald city council of the city of Bemidji at the city clerk’s office in the clty hall, in said city of Bemidjl. in Beltrami cmlnt?’ and state of Minnesota, on Monday, the 7th day of October A. D. 1007, at § o'clock p. m., of that day. Witness my hand and seal of sald city this1st day of October, A. D. 1907 lszar] THOMAS MALQY, Cliy Olerk NOTICE OF APPLICATION —for— LIQUOR LICENSE. BTATE OF MINNESOTA., |, County of Beltrami, %u City of Bemidjl, Notice s hereby given, That application has been made \n writing to the clty council of sald city of Bemidji and filed in my office, raying for license to sell intoxicating liquors for the term commencing on Oc- tober 26th., 1907, and terminating on Oct. 26th, 908, by ~ the ionowxnédmm and at the follow{ng place, as sf Insald application, respectively to-wit: . FRANK SILVERSACK At and in that certaln two story frame build- ing first floor tront room ther«of being locat- on lot Twenty four (24), block fourteen (14) original townsite of Bemidji, Minnesota. Said el‘?l';llflltllm will be heard and de- by sald clty council of the city of Bemidjl at the city clerk’s office in the city ball, in said city of Bemlidjl, in Beltrami counfv. and state of Minnesots, on Monday, the 7th day of SQRSmber, A.D.1907, at 8 o'clock p. m. of that and seal of sald clty, my hand Ordinance Number 28 An Ordinance authorizing Carl C.Gowran,A. A, Carter and Geo. W. Teitsworth their heirs, executors, administrators or assigns to con- struct, equip, maintain and operate street railway lines in certain streets in the city of Bemidji. The Common Council of the city of Bemidji do ordain as follows: Section 1: It is hereby granted to Carl C. Gowran, A. A. Carter and George W. Tz’:itsworth, their successors, heirs, executors, ad- ministrators or assigns, the author- ity, right and privilege to con- struct, equip, maintain and oper- ate Street railway lines for trans- ‘portation of passengers and trans- portation of treight for their own use, with single or double tracks, with all necessary spurs, side tracks, switches with poles, wires conduits and appliances and tele- phone wires on traction poles or conduits for its own use without compensation or hire over and along streets, avenues and alleys in the city of Bemidji hereinafter mentioned to-wit: . Commencing at the North end of Doud Avenue where it now ter- minates or where any further ex tension thereof may terminate thence along Doud Avenue to Tenth Street, thence along Tenth Street to Minnesota Avenue, thence along Minnesota Avenue to Second Street; thence along Second Street to Bemidji Avenue; thence along Bemidji Avenue to the street or highway constituting a southerly extension thereof across the Mississippi River between Lake Irvine and Lake Bemidji, and along such streets highways or alleys east of where said highway crosses the Minnesota & Inter- national Railway company’s right- of-way, first in an easterly and then northeasterly direction along the highway as now or hereafter established to the north limit of the city east of Lake Bemidji And one line commencing at at the intersection of the north limits ot the city of Bemidji and Irving Avenue extended north; thence south along the extension of and said Irving Avenue to Tenth Street, thence east along Tenth Street to Minnesota Avenue. Section 2: The said Carl C. Gowran, A. A. Carter and George W. Teitsworth, their heirs, execu- tors, administrators, successors and assigns shall have the right to operate said lines ot railway by means of electricity or such other power or force as may be deemed adviscble, provided that no loco- motive or moter propelled by steam horse power., gasoline or ex- plosive pcwer shall ever be used on said lines of railway or any part thereof within the limits of the city of Bemidji, nor shall any power be employed on said lines or any part thereof within the limits of the city of Bemidji which shall be a public or private nuisance or shall constitute an additional servitude to the property abutting on said streets. Scction 3: The said Carl C. Gowran, A. A. Carter and George W. Teitsworth, their heirs, execu tors, administrators, successors and assigns, are hereby granted authority and permission to enter upon all streets, alleys and side- walks herein mentioned and in- cluded in the routes designated, or any part of them, to construct, build, maintain. equip and oper- ate such railway lines. side tracks, switches, and conduits, and to place, erect and secure poles, columns, wires, conduits and ap- pliances which may be necessary or convenient in the construction, building, maintaining and opera- tion of said lines of railway, pro- vided that in the operation of power plants, if located within the city of Bemidji for the purpose of generating power, no bitumin- ous coal shall be burned or used except by permission first had and obtained from the Common Coun- cil of the city of Bemidji. Section 4: All poles or cclumns erected under this ordinance shall be of such size, style height and material, and shall be placed at such points on the margin ot the street side ot the sidewalks or boulevards and at such distances apart between centers as shall be designated by the city engineer, and shall be erected and the wires and the other appliances strung and fasteded thereon. under the supervision and ‘subject to the inspection and control'of the city engineer; and - all conduits ‘con- structed shall be along the margin of the street side of the sidewalks or boulevards and at least'two feet underneath the level of the side- walk or the level of the surface of the ground. . Plans showing the location of such polss, wires, ap- pliances and the location of such conduits, manholes leading to the same, ;shall be submitted to the city engineer, shall be approyed of .by. him; in - writing ‘before "the same' are ‘ constructed, erected, strung or.applied; such designa- tion, supervision, inspection | and centvol by the city engineer shall be reasonablle 1n all things and the disapproval of such, plans by the city engineer shall be for good cause, { Such poles, columns, ap-] pliances, structures and conduits shall be: erected applied and built, and the wires strung and appli- ances ' attached in. moderr: and approved methods so as to. inter- fere as little as practicable with all tness this I8t day of October A. D, 907, [smar] THOMAS MALOY. . City Olerk. other public uses of such streets. Section' 5: . The passenger peis Gemen o e ol coaches and ~cars used on said lines of railway shall be of modern style of construction, suitable for the safety, convenience and com- fort of passengers; shall be com- fortably heated wienever neces- sary and the motor-raen. reason- ably protected from the weather for expense of repairing or replac- during the winter months, and shall be properly lighted and ventilated and bear a sign on which shall be designated the route over which they are operated. Section 6: The said Carl C. Gowran, A. A, Carter and George W. Teitswerth in consideration of the granting of this franchise by the city of ‘Bemidji, are from the time of the completion of said lines of railway to operate passen- ger cars over the same during such hours of each day and with such frequency as shall reason- ably accommodate the traveling public desiring to use such lines, provided that in case the opera- tion of cars over said lines is interterred with by circumstances over which said Carl C. Gowran, A. A. Carter and George W. Teits- worth, their heirs, executors, ad- ministrators, successors and assigns, have no control, or insur- mountable obstacles, then the running of cars may be suspended for such reasonable time as may be necessary. No cars shall be operated along the line of said railway at a greater speed than ten miles an hour. Section 7: Said lines of railway are to be constructed and operafed as herein provided,on the grade of said streets as now established, or on the grade that may hereafter be established and where no grade is established, then upon such grade as the grantees herein may establish provided that no grade shall be established which will be a subtantjal hinderance or inter- ference with the use of the street at that point by the public. Said Carl C. Gowran, A. A. Carter and George W. Teitsworth, their heirs, executors, administra- tors, successors and assigns shall raise or lower the tracks, posts, columns, structures, appliances, conduits and wires to conform to any changes that may be made in the grade of any streets, alleys or avenues occupied by them at their own cost and expense whenever such streets or alleys are actually ordered to be graded to such changes and the Company is by the Common Council of the city of Bemidii ordered to do so, Section The track of said railway lines shall not be elevated above the surface of the street where street is graded, and where the street is not graded shall be so constructed that vehicles can easily pass across or along said tracks. Section 9. The space between the tracks aund for a distance of two feet outside the track or tracks shall be at all times kept clean and in good repair and the snow shall be removed therefrom sufficient to afford a safe and un- obstructed passageway for veichles within forty-eight hours after the snow fall, and in case such track shall not be kspt clean, and snow removed therefrom, “the city of Bemidji may cause the same to be done at the expense of the owners ot said lines. Section 10: When any new improvements, paving, repairing, planking or re-planking (grading only excepted), shall be ordered by the common council on any of said streets, or parts of streets herein mentioned, the said Carl C. Gowran, A, A, Carter and George W, Teitsworth, their heirs executors, administrators, suc- cessors and assigns, shall in like manner and with the same ma- terials.make such improvements, paving, repairing, planking or re- planking. (grading only excepted) on such parts of said streets as may lie between the rails of each track, and between the lines of double tracks and for a space of one footoutside the track or tracks where said new improvements aforesaid may have been ordered by the Common Council aforesaid, and in case the said owners shall, after notice by the Common Coun- cil of said city, neglect to make such new improvements as - afore- said, then the same may be done. under the direction of the‘city of Bemidji at the expense of said owners, and the amount _ of.said expense shall be assessed * by the proper authorities of said city, upon like notice as in other cases of assessments, and the amonnt so assessed shall be - chargeable to and paid by said owners. Section 11: The running of the cars on any part of said lines of railway, or either of them, may be suspended: by the grantee for sach reasonable time as may at any time' be necessary on ac- count of repairs of streets or the construction of sewers or other public improvements; and when- ever it may 'be necessary to have anytrack taken up for the pur- pose aforesaid, the same shall be taken up and relaid at the expense ofthe said owners. The Chief Engineer of the Fire Department of said city, or the person who for the time being may be acting in his stead, may ordera suspension of the running of the cars on said lines of rail- way, or either of them, as he may deem it mnecessary during any fire, In case of fire or other public necessity the proper officer or officers of the city maygcut or pull down any wires, poles structur;as ‘or appliances used to operate the cars on said lines, or either of them, and the city or its officers shall not thereby be liable to said owners for any loss or damage resulting from the cutting or, pull- ing down thereof, nor for the costs ing the same. Section 12: © The rate of fare for each passenger traveling with- in the city limits on any of said lines shall not exceed five cents, including ordinary hand baggage, provided, no fare shall be re- quired for a child under five years of age, while traveling under the care of an older person, and pro- vided that policemen and firemen while on duty and in uniform shall be carried free; and provided that when the same car travels over two or more streets or lines there shall be butone fare for the whole distance so traveled. Section 13: The said Carl C. Gowran, A. A. Carter and George W. Teitsworth, their executors, administrators, successors and assigns, shall issue transfer checks to any passenger who has paid one fare on any line to be here- after operated by said Carl C. Gowran, A. A, Carter and George W, Teitsworth, their heirs, execu- | tors, administrators, successors {and assigns, in'the city of Bemidji, | which transfer checks shall entitle the passenger so receiving the fame to a continuous passage on any connecting or crossing line operated or to be hereafter oper- ated by them with any power; no passenger shall be entitled to| more than one transfer for one| fare, and such transfer check shall be used only by the person ireceiving the same fcr a continu- | ous passage, and shall be used by the next car departing on the ccn- | necting or crossing line upon which it is to be used. Section 14: In all cases wlxereé any team or vehicle shall meet any car onsaid lines of railway, or either of them, or shall be over- taken by any car thereon, such team or vehicle shall give way to such car. No person shall will fully and unnecessarily obstruct,} tracks, by placing, dniving or stopping, or causing to be placed or driven or stopped any team, vehicle or obstacle or thing in, upon or across, along or near| the track of either of said lines of railway after being notified by the conductor or person in| charge of a car thereon by ring- ing of the car bell or otherwise. And whosoever shall violate any ot the provisions of this sec-| tion shall upon conviction thereof | before a justice of the peace or the municipal court of said city, be punished by a fine of not more than one hundred ($roo) Dollars, nor less than five ($5) Dollars. ! Section 15: The said Carl C. Gowran, A. A Carter aud George W. Teitsworth, their executors, administrators, successors and assigns, in consideration of the | privileges by this ordinance granted to them, shall by the acceptance of the terms hereof and they do agree to pay 10 the city of Bemidji, through its treasurer, in advance, on| November 1st, of each year after 1907, an annual license of ten ($10) Dollars for each and every passenger car used by them on| any of said lines of railway, and | to pay to said city through its treasurer, in consideration ot the privileges and franchise by this ordinance granted to them, on the | first Monday of December of each year hereafter, a sum of money equivalent to two (2) per centum ! on the net earnings of said lines of railway within the city of Be- | midji in each year. It shall be the duty of the said Carl C. Gowran, A. A. Carter and George W. Teitsworth, their exe-|{ cutors, administrators, successors and assigns to make annually a duly verified statement of the earnings of all. the lines of rail- way they may operate within the city of Bemidji, and to file the same with the city clerk and city| treasurer on or before the second Monday in November of each yeat. And the said Carl C. Gowran, A. A. Carter and George W. Teitsworth, their executors,admin- | istrators, successors and assigns, do hereby agree to have cars run- ning on or about the " 1st day of November, 1908, from Fourteenth Street on the west side of. Lake Bemidji to a point near the Be- midji Lumber Company’s Mill on the east side of Lake Bemidji and maintain and . operate same subject to the conditions herein contained, during the existence of this franchise. The aforesaid grantis upon the | express condition that the work of constructing said line of rail- way shall commence no later than May 15th, 1908, and that that por- tion of said line of railway from Fourteenth Street om the west side of Lake Bemidji on Doud Avenue and on Irvine Avenue to a point near the Bemidji Luniber Company’s mill on the east side of Lake Bemidji be completed and cars running thepeon Novem- ber 1st, 19o8, time being the essence hereof, And if the said Carl C. Gowran, A. A. Carter and George W. Teitsworth, their heirs, adminis- trators, ' executors, successors or assigns, shall fail, neglect or - re- railway within the time and sub- stantially in the manner herein specified, it being distinctly under- stood and agreed that time is the essence hereof, or if said lines of railway are constructed, they at any time during the hfe of this franchise fail to operate said line or lines of railway substantially iu the manner herein designated, then and in that event, the said Carl C. Gowran, A A. Carter and George W. Teitsworth,their heirs, administrators, executors, success ors or assigns shall lose ail rights and privileges by this ordi- nance granted. Section 16: The said Carl C. Gowran, A. A. Carter and George W. Teitsworth, “their executors, administrators, successors and assigns, shall be liable to said city for all damages, expenditures, incurred by said city by reason of said lines of railway, or any part thereof, or the operation thereof, or by reason of the rights hereby granted to them, and they shall fully indemnify and save harmless said city for all such damages, expenditures, loss and costs which may be so incurred. Section 17: If the said Carl C. Gowran, A. A, Carter and George W, Teitsworth, desire to build, equip and operate said lines of railway, conduits, wires and poles in accordance with the provisions of this ordinance, they shall file with the City Clerk, within thirty (30) days after the passage and publication of this ordinance their written acceptance under its seal of the terms and provisions of this ordinance. Section 18: The said Carl C. Gowran, A. A. Carter and George W. Teitsworth, their executors administrators, successors 2nd assigns shall be entitled to enjoy he rights and privileges hereby granted for the term of twenty-five years after the passage and pub- lication of this ordinance. Section 20: The said Carl C. Gowran, A. A. Carter and George W. Teitsworth, shall pay the i cost of publishing this ordinancee Section 21: This ordinance hinder, delay or interfere with the {shall take effect and be in force passage of any of the cars on lfrom and after its publication. either of said lines of raillway or; 1st reading Sept. 9, 1907. 2nd reading Sept 16, 1907. 3rd reading Sept. 23, 1907, passed by the following vote: “Ayes”—Bowser, McCuaig,Smart, Erickson, Washburn, Mayer, Mc- Taggart, Gould. “Nays’—None. and Absent, Brink- man. Attest. cee . City clerk. Approved 1907. Mayor. Proceedings below done at mee 1 ing of city council Sept 30, 1907. This ordinance being “No. 29,” “Street Railway Franchise” was re- turned by the mayor without his approval Sept. 27, 1907, and was laid before the council and the mayor’s veto read. Bemidji, Minnesota, September 25th, 1907. To the Hon. City Council, City of Bemidji. Gentlemen:—I regret the neces- sity which compels me to veto the Street Railway Ordinance. I be- lieve a street railway in the city of Bemidji would be a great improve- ment, but at the same time we should all be careful that the ordinance should not infringe too much on the rights of the citizens. I therefore submit the following objection to the ordinance. I object to allowing the proposed Street Rzil- way Company to run a double track on the street or highway from the bridge between Lake Bemidji and Lake Irving, for the reason that the street is too narrow to accommodate a double track and at the same time permit teams to pass unobstructed. The street is only forty feet wide, and from this is deducted six feet for a sidewalk which only leaves thirty- four feet for a double track and scarcely any room for teams to travel. I would therefore respectfully re- commend that the ordinance be amended to the effect that the pro- posed Street Railway Company be allowed to construct a single track on that street from the bridge between Lake Bemidji and Lake Irving to the railroad crossing south of the Crookston Lumber Company’s mill. Yours truly, J. P. POGUE, Mayor. It was now moved and seconded the ordinance be passed over the veto, notwithstanding the mayor’s objections. *‘Ayes”—Bowser, McCuaig, Smart, Erickson, Mayer, Washburn, Mc- Taggart, Brinkman. “Nays”—None. Absent, Gould. W. N. BOWSER, Vice President. THOS. MALOY, City Clerk. Published October 5. 1907. fuse to construct said lines: of =