Bemidji Daily Pioneer Newspaper, July 24, 1908, Page 1

THE BE VOLUME 6. NUMBER 82. BEMIDJI, MINNESOTA, FRIDAY EVENING, JULY 24, 1908. MUNICIPAL COURT MATTER HEARD BY JUDGE STANTON Applicatioy of M. G. Slocum for lninnctibn Restraining City from Proceeding With Establishment of Court Argued by Counsel This Forenoon. ‘The proceedings to test the valid- ity of the action of tne city council of Bemidji in organizing a municipal court for Bemidji was considered thismorning by Judge Stanton in district court, when the application of M. G. Slocum for an injunction restraing the city from purchasing supplies for the municipal court and allowing the use of a room in the city hall as court room was brought before the court. F. A. Jackson appeared as council for Mr. Slocum while City Attorney Gibbons represented the city and members of the council. During the proceedings P. J. Russell intervened as attorney for H. W. Bailey, who was recently appointed judge of the court. Mr. Gibbons reviewed the pro- ceedings of the council in attempt-’ ing to establish the court. He recited that the vote establishing the court was unanimous and that Mayor Pogue refused to sign the resolution and in fact, vetoed the same, subse- quently returning the 1esolution tozether with his reasons for the veto; that the council subsequently adopted the resolution over the mayor’s veto by ubnanimons vote. All of this was admitted by the counsel for the plaintiff. In his prayer for injunction the plaintiff stated that it would be a great expense incurred in establish- ing the court and the court would cause irreparable damage to the plaintiff. Mr. Gibbons stated that the charter provided that a resolution could be passed over the mayor’s veto if done by a four-fifths majority. In this instance the resolution had been passed unanimously over the mayor’s veto. Mr. Gibbons could see but one provision in the charter for the the establishing of a municipal court, that being Section 1, chapter 2 of the charter; and also in the charter there wasa provision that justice of the peace should serve until a municipal court was established. The charter was very silent in the matter of the establishment of a municipal court. Mr. Gibbons stated that he believed that it was only a question of law as to the action required on the part of the mayor—whether he could veto the unanimous act of the council—would the veto stand. Mr. Gibbons be- lieved that it gave altogether too much power to one man. Mr. Jackson, for Mr. Slocum, stat- ed that the city charter has no pro- vision relative to the establishment of the municipal court; the city must go to the general law. Mr. Jackson recited sections 124 and 125 of the Revised Laws relative to the establishment of the court in which the speaker held that the approval of the mayor or the presi- dent was absolutely necessary for the adoption of a resolution. He con- tended that the council was attempt- ing to act contrary to the provisions of this law. The speaker quoted several authorities as to the construction of the statute, maintaining that the intent of the statue meant that the resolution must be signed and approved by the mayor. He believes that the plaintiff was entitled to tne injunction. Mr. Gibbons stated that he was willing to leave the construction of the statute to the court. Judge Stanton asked if there was not a line of authority as to the approval or rejection of resolutions similar to the one in question. Mr. Gibbons replied that he was unable to find any. P. J. Russell, as attorney for H. W. Bailey, recently appointed muni- cipal judge, intervened at this time and stated ‘that he ‘would like to inquire if any bond had been filed Mr. Jackson stated that he'did not think it necessary to file a bond. Continuing,Mr. Russell said Bemidji was organized asa city in 1905 and that code from which Mr, Jackson quoted did mnot go into effect until March 1, 1906. Mr. Russell thought that the action of the mayor in vetoing the resolution could be overruled by unanimous vote of the council. Mr. Russell cited the action of the legislature in such matters and also the procedure in congress. Mr., Russell maintained that the action of Mr. Slocum in applying for injundtion wasto veil an attempt to question Mr. Bailey’s right to serye as municipal judge of Bemidji. The plaintiff did not relate anything to show that irreparable damage would be done to him by the establishment of the court. He (the plantiff) did not provide any remedy by the injunction. Mr. Russell maintained that the injunction would not apply where there was another and adequate remedy at law. Mr. Russell cited several authori- ties in support of his argument. In replying, Mr, Jackson stated that it made no difference when the city -was organized. What he maintained was that the ordinance establishing the com’t was . void, consequently no court had been es- tablished. Mr. Jackson qnnted authorities. Judge Stanton stated to the attor- neys that they had raised a nice point of law-and he desired to make consideroble research - on the ques- tion. He was loath to give an’ opinion without looking up. a number of authorities- and would ‘be glad to have counsel submit any authorities which they might have, it being stated that he desired to render a decision in the case: not later than Tuesday. Counsel for the plaintiff, also for the ' defendant, will - file “briefs on Monday, and it is expected that Judge Stanton will render a decis- ion in the case on Tuesday. Will Boost Bemidji. 7 A number the real estate men of this city met yesterday afternoon, in the offices of Phibbs & Klein, to discuss the formation of ‘an organi- |- zation to boost Bemidji and Beltrami county and to induce people to come to this country. W. E. Neal: was chosen chairman, and after a long discussion the meet- ing adjourned until next Thurs- day ‘afternoon, at ° which time the organization will be completed. Bemidji Pioneer at Peterson’s. Local news on last page. FORTY CENTS PER MONTH PROGRAM COMPLETED FOR THE BIBLE CONFERENCE Founfi Season of the Conference Will Begin Next Tuesday and Continue Until August 2.—Ladies’ Missionery Society Will Meet Monday. The Fourth Annual Session of the Bemidji Bible Conference will begin in this city next Tuesday and it is expected that there will be a large crowd of people from outside points present to participate in the confer- ence and to enjoy an outing on Lake Bemidji and other beautiful lakes and streams in this’ vicinity. in the action. Gloves, Purses and Combs at big reduction. White, black and Lisle Gloves, 35¢ values, sale 19¢ Nid-Summer () Ten Days of MarvelOdsi Bargain Events Beginning Saturday, Every article up to date merchandlse at astomshmg reductions. Our | Fall Stock will soon begin to arrive. We are determined to clean up all summer stock even at a loss. Coats, Jackets and Suits Ladies’, Misses’ and Children’s Coats, Jackets and Suits One lot Iong coats, value up to $12. 00 L T AR $6 75 All newest thls season’s s:lk and cloth coats and jackets, yours at 67 cents on the dollar. Dress Goods All our beautiful lawns, ginghams, percales and wool dress-goods, one-fifth off during this sale, One lot lawns, value up to 12¢, clean-up 70 SAG. cios covs s wivs s 58 o e .0C All our best American prints and apron gm- ghams, peryd.. Footwear Ladies’, Misses and Children’s footwear, at big reduction. N 20 per cent off on all oxfords and slippers in patent kid, vici, brown kid, white and brown canvas for misses and children, All Red School House shoes for misses and children, included in this sale. All Goods in the store included in this sale. Berman Emporium White and colored Para- sols at 1-4 off, 1-0p Sale July 25, '08 Waists and Wash Suits Lace, silk, lawn, batiste, cambric, gingham and wool plaid waists, all this season’s garment’s at one-fifth off. One lot of waists, At e R et S TN R S oo e Muslin Underwear petticoats, gowns, corset covers, pants.. 20°, off fho ots corset covers, during]5e and 20¢ All Millinery Every hat will be sold at Our entire magnificent line of muslin Must go in this sale. half price. Table Linens and Towels 1-5 off. Warner's Rust Proof Corsets 1-5 off. Early purchasmg is urged. You will find every moment spent in this store most profitable. - D Berman Emporium The conference will continue until and including August 2. Beginning Monday morning and lasting Tuesday and Tuesday even- ing there will be an annual meeting of the Ladies Missionery Society of the Adams Presbytery. There will be a large number of ladies in attendance at this meeting, most of whom will remain and participate in the Bible Conference, to open Tues- day. The first session of the confer- ence will be on Tuesday afternoon when an address will be delivered by Dr. George W. Luccock of Chi- cago and Dr. Charles E. Bradt of Wichita, Kansas. The balance of the evening will be taken up with music and some interesting com- ments. Professor M. C. Martin of Min- neapolis has been engaged to take charge of the musical part of the program during the conference. Prof. Martin has been traveling with Dr. W. B, Riley in the Chap- man campaign-in the east. He is a musician of more than the aver- age ability and the conference was indeed fortunate in securing his ser- vices. Mrs. A. A. Warfield, organist of the Bemidji Presbyterian church, will preside at the organ during the conference. She is a splendid musi- cian. Daily services will be held in the Presbyterian church, and it is the intention to hold some of the larger and more popular meetings in the city hall. Many noted speakers and instruct- ors will be present, as will be seen by the program for the conférence, which is given herewith: TUESDAY EVENING Rey. F. J. Barackman, presiding 7:45—Song Service—Prof. M. C. Martin, 8:30—Rev. Geo N. Luccock, D. D. 8:30—Rev. Chas. E. Bradt, D. D. WEDNESDAY MORNING Rev. John M. Davies presiding 9:00—Dr.. Bradt. 10:00—Dr, Luccock. 11:00—Rev. Geo. Soltau, D. D. AFTERNOON Rev. J. H. Deniston presiding 2:30—Rev. Otis G. Dale. 3:00—Dr. Soltau. EVENING. Rev. Neil A. Gilchrist presiding. 7:45—Song Service—Prof. Martin. 8:00—Prof. Chas. Scanlon. 8:30—Rev. A. T. Fowler, D. D. THURSDAY ORNING. Rev. Dugall McIntyre presiding. 9:00—Rev. Grant Stroh. 10:00—Dr. Fowler. 11:00—Dr. Soltau. AFTERNOON. Rev. H. R. McKee presiding. 2:00—Prof. Chas. Scanlon. ° 3:00—Rev. L. F. Badger. EVENING, Rev. W. S. Ward presiding. 7:45—Song Service—Prof. Martin. 8:00—Rev. R. N. Adams, D. D. 8:30—Dr. Soltau. FRIDAY MORNING, Rev. S. A. Jamieson presiding. 9:00—Dr. Luccock. :00—Rev. Grant Stroh. —Dr. Soltau. EVENING. Rev J. A. McGaughey présiding. 7:45—Song Service—Prof. Martin. 8:00—Mr. A. M. Locker. : 8:30—Rev. Wm. H. Matthews. Stereoptican letture on Palistine. SATURDAY MORNING. Mr. S. A. Blair presiding. 9.00—Mr. A. M, Locker. 10:00—Rev. Matthews. 11:00—Dr. Soltau. EVENING. 8.00--Sacred Concert. SUNDAY MORNING. 10:30—Rev. W. S. Ward. AFTERNOON. 3:30—Open Air Meeting on Lake Front. 7:45—Song Service—Prof. Martin. 8:00 — Closing Service—Dr. Geo. Soltau. Souvenir post cards at the Pio- neer office. Additional local mater will be found.