Bemidji Daily Pioneer Newspaper, August 1, 1908, Page 2

| | O e T i THE BEMIDJI DAILY PIONEER PUBLISHED NVERY AFTHRNOON, BEMIDJI PIONEER PUBLISHING CO. By CLYDE J.PRYOR. Tntered in the postoffice at Bemldii. Minn., a8 second class matter. SUBSCRIPTION---$5.00 PER ANNUM —_— e FULL TEXT OF THE ORDER DENYING THE INJUNGTION Continued from First Page by depositing the same with the city clerk, to be presented to the city council at its next regular meeting thereafter, or at a special meeting called for that purpose. Upon the return of any ordinance or resolution by the mayor, the vote by which the same was passed shall be deemed to have been re- considered, and the question shall be again put upon the passage of the same, notwithstanding the objections of the mayor: and »if, upon such submission, the city council shall pass the same by a vote of two thirds of all its mem- bers, IT SHALL HAVE THE SAME EF: FECT AS IF APPROVED BY THE MAYOR;} and in such case the vote shall be by yeas and nays, which shall be entered of record by the city clerk, Provided that in all cases where the original action of the city council requires more than a ma- jority vote, the veto of the mayor shall not be overruled, except by a vote of four-fifths of all the members of the city council.” It was conceded upon the argu- ment that the city council passed the resolution creating the munici- pal court by a unanimous vote of all its members; that the mayor vetoed the same; that it was again submitted to the council notwith- standing the veto of the mayor and passed by that body by a unamimous vote of all its mem- bers; that the vote was by yeas and nays which was entered by the clerk. In other words that every charter provision to pass a resolution-over the mayor's veto was in all respects complied with, But the contention of the plain- tiff herein 1s that notwithstanding that all the charter provisions have been complied with, together with the statutory provisions that the resolution shall be ¢‘adopted by a four-fifths majority of 1ts members” the action of the city council is void for the reason that said reso. lution is not ¢‘APPROVED BY ITS MAYOR OR PRESIDENT:” that the passage of the resolution by the council over the mayor’s veto is not sufficient and is void, that it must be approved by him in so many words in order to give it effect; that the words ¢‘apPrRovED BY THE MAYOR OR PRESIDENT” are so plain and unequivocal in their terms that there is no room for construction, and that for this court to hold that the mayor's EXPRESS approval 1s not nccessary to give the law force and effect would be to hold that these words are mere surplusage and should be omitted in reading the law. In my opinion this contention of counsel is not sound. To so hold would be in effect to hold that § 125 R. L. 1905, repealed portions of the charter, which to my mind would do violence to all cannons of statutory construction. By the charter provisions above quoted, restrictions have been put upon the veto power of the mayor and. it is expressly stated that whenever a measure is passed over the veto of the mayor, by the necessary vote therein provided for, that ¢“IT SHALL HAVE THE SAME EFFECT AS IF APPROVED BY THE MAYOR,” Do we not find in this a most reasonable, logical and sat- isfactory definition of the word ¢APPROVED" as affecting this cause? I am decidedly of that opinion. Here we find a legislative declara- tion which removes all doubt as to whether the mayor can by his in- dividual act override the desire or thwart the will of a unanimous council, or in effect, reduce the membership of that body to one. namely, ‘the presiding officer, ‘Where the mayor is a constituent part of the legislative power his concurrence is essential to com- plete any given legislative act. This is as necessary to its validity as its passage by the council, uN- LESS IT SHOULD BE PASSED OVER HIS VETO IN ACCORDANCE WITH THE LAW GOYVERNING THE CORPORATION. McQuillan Municipal Ord. §149. Pertinent to the question under consideration and relevant in plac- ing a construction upon the lan- guage used in section 125, is the inquiry as to whether it was the intention of the legislature, by the enactment of section 125, to annul the charter provisions above set forth. = A careful study and and] ysis of the decisions of our owfl court give prompt answer to this inquiry, and, to my mind, remove every doubt, A statute, general or special, may be modified or repealed by express legislative declaration to that effect, or by the enactment of subsequent inconsistent legisla- tion. In either case the repeal has its foundation in the legisla- tive intent. In the one case it is affirmatively declared, and arises in the other by implication of law. Before the court will apply the rule of presumptive repeal, the intent to supercede an old by a new statute must clearly appear. State ex rel v, Peter, 101 Minn. 462, In State v. Archibald, 43 Minn. 418, the court pertinently re- marked that ‘‘to justify a court in holding that an act is repealed by one subsequently passed, it must appear that the later. provision is certainly and clearly in hostility to the former, If by any reason- able construction the two statutes can stand together, they must so stand.” Both statutes here under consideration may stand together, Harmony between them is not im- possible. In State ex Rel v. Egan, 64 Minn. 331, Start C. J. said: “The rule is well settled that a general statute, without negative words or positive repugnancy, will not re- peal, by implication, the provis- ions of an existing prior special one. Itisonly when it appeers that such is the intention of the legislature that statutes of a gen= eral nature repeal, by implication, charters and special acts passed for the benefit of particular muni- cipalities. The intention of the legislature that a general law should bave the effect to repeal Ly implication a prior act is less read- ily to repeal by impiication a prior act is less readily to be implied where such act is a part of a mu- nicipal charter, presumably en- acted with regard to the wants of a particular locality, than if the act was general,”........and fur ther: ¢«If a general law (contain- ing no repealing clause) which is any manner relates to matters which are already provided for by special charters of the municipal- ities of the state........must be held to repeal pro tanto, by impli- cation, such special charters, the result will be great confusion and serious injury to public and private interests. Such a result must be avoided if it can be done by any practical and reasonable con- struction.” ‘Whether the .lause in Section 125 R. L. 1905, ““TO BE APPROVED BY THE MAYOR OR PRESIDENT" was ntended to take the place of the pro- vision of the charter to the effect that the passage of a resolution over the mayor’s veto ‘‘SHALL HAVE THE SAME FORCE AND EFFECT AS IF APPROVED BY THE MAYOR” must be gathered from the legislative intent. The trend of legislation in this state has been the development of local self government. Hence, 125 R. L. 1905, must be considered as remedial in its objects and that the act of the legislature was induced by pub- lic considerations and should there- fore receive a liberal construciion to effect the purpose of its framers. A right and literal reading would in many cases defeat the very object of the statute and exemplify the maxim that ‘the letter killeth, while the spirit keepeth alive.’ State ex Rel v. St. P. M. & M. Ry. Co., 98 Minn. 380. It is an old -and unshaken rule in the construction of statutes, ‘‘that the intention of a remedial statute will always prevail over the literal sense of its terms, and therefore when the expression is special or particular, but the reason is general, the expres- sion should be deemed general.”’ Brown v. Pendergast, 89 Mass. 427. A large construction is to be given to statutes having for their end the promotion of important and beneficial public objects, Town v. Pond, 19 Conn. 597. The centrast of the respective pro- visions of the two laws have hereinbe- fore been set out in full. It must be assumed, in the absense of any es press declaration to the contrary, that 1t was not the intention of the legislature to repeal the provisions of the charter as the method of passing resolutions and that it left the method to be governed by the charter. It is manifest that the only purpose of this act was to pro- 'vide the necessary machinery whereby municipalities which were without the i power under existing laws to create a municipal court, could create such courts, and that it was not its purpose to repeal the charter provision with reference to the passage of resolutions over the mayor’s veto. My conclu- sion therefore is that the provisions 1 the charter were not superceded by DR. PRICE'S WHEAT FLAKE ‘FOOD Is composed of wheat and celery, and in its making not a human hand touches it. pure and nourishing. 104 Cleanly, the generallaw and that the resolu- tion creating the municipal court was valid and that the injunction prayed for must be denied. % C. W. STANTON. OFFICERS AND A Two Dead and Nine Wounded as Result of Clash. Protectors of Jail Finally Overpow- ered by Force of One Thousand De- termined Men and a Negro Accused of Assault Taken From Lockup and Strung Up to an Electris Light Pole in Principal Park. . Pensacola, Fla, 7. ¥1.—Two men killed and nine wounded, some of them fatally, is the result of the clash between a mob bent upon lynching Leander Shaw, a negro, and the sher- ift and his forces, in which the mob finally overpowered the authorities. The lynching was carried out in the most prominent park of this city. Shaw assaulted Mrs. Lillian Davis, a highly respected lady, near this city during the absence of her husband and, after cutting her throat almost from ear to ear, clubbed her over the head with a revolver which he had taken from the house. ‘When it became known that the ne- gro had been arrested crowds began forming upon the streets and later they were reinforceed by large num: bers of men from the country. The mob formed about 9 o’clock in the evening and made an attack on the county jail, where the negro was con- fined. ‘The jail gate was broken down by the mob and the sheriff and his deputies opened fire. Three men dropped with the first volley from the sheriff’s force, who were using Win- ehester rifiles and shotguns. Volley after volley was then fired by the mob and the sheriff’s force, but the mob was repulsed. About midnight another attack was made, the mob having been increased to 1,000 determined men. The sec- ond attack was successful, for the reason that it was made upon all sides of the jail. One party forced its way through the rear, overpowered the officers and secured the trembling negro. A noose was slipped about his neck and after being dragged for ten blocks he was strung up to an electric light pole in the center of the park, where fully 2,000 bullets completely riddled his body. Mrs. William Davis, whose throat was cut by the negro, is still alive, but it is said she cannot recover. The baby, who was struck by the negro at the time he tried to kill the mother, it is said, will recover. ADMITS TAKING $6,000. Former Kenosha (Wis.) Bank Cashier Arrested in Boston. Boston, T'v 21 —According fo the police Harvey T. Wells, formerly cash- ier of the First National bank of Ke- nosha, Wis.,, who was arrested here, confessed that he had taken about $6,000 from the bank. He gave as a reason his desire to marry Miss Flor- ence E. Winniston, the daughter of a wealthy retired trader of London, whom he had met in Chicago. He stated, the police say, that for a time he took small sums and in September, 1907, eloped with Miss Winniston to New York, where they were married. Mrs. Wells went to England and Wells returned to Kenosha. Shortly after- ‘wards, he is said to have told the po- Hce, he took $3,200 in a lump, left his home, joined his wife in England and together they went on a tour of the British Isles. Then they came to Montreal, when their money gave out. ‘Wells confessed to his wife and they resolved to come to Boston, get work and pay the money to the bank. They did this, buying out a lodging house with money obtained by selling Mrs. Wells’ jewels, while Wells found a position in Cambridge. Then the ar- rest put an end to their dreams. TO OUST LUMBER TRUST. CGoncerted Action in Several South- western States. Emporia, Kan., 5., c=.—m the dis- trict court of Lyon county here Attor- ney General Jackson of the state of Kansas filed ouster, quo warranto and injunction suits against the Yellow Plne association of St. Louis. At the same hour, it is stated, the attorneys general of Missouri, Texas and Okla- homa filed similar suits in their re- spective states in a concerted effort to break up what is alleged to be an illegal combination to raise the price of lumber to a figure said to be un- reasonable and fictitious. The pro- ceedings here seek to drive the asso- ciation from Kansas and to prevent the formation of a holding company to take over the property of the al- leged combine, which latter move- ment, it was reported, was about to be consummated at St. Louis. Impeachment Demanded. Lisbon, 517 ?1 5—In the chamber of deputies the bill introduced two days »go by Deputy Costa, one of the Re- publican leaders, demanding the ar- rest and impeachment of the members of the Franco cabinet, passed its see- ond reading. these ministers with being responsible for the assassination last February of King Carlos and the crown prince of Portugal. Ex-Governor Budd Dead. Stockton, Cal, ™~ °1 —James H. Budd, former governor of California and long prominent in Democratic politics, died at his residence in this city after an {llness of a fortnight of uresmia. Senor Costa charged | ¥ Political Adnogiicements Candidate for 11. Republican Nomination f¢ County MOB IN BATTLE =¥t 1 hereby announce nyself as a can- didate for the republfan nomination for county treasurer o the county of Beltrami and solicit ye support of the voters at the primu,ri% September 15. If elected to the offis of treasurer T will discharge the dyjes of that office LYNCH]N& AT PENS ACOL A to the very best of m}»@,{milicy. . BAILEY. WES WRIGIT, i { Candidate for thef Republican Nomination for Steriff, Pri- maries Sep{,ls. == I hereby announce my%elf as a candi- date for therepublican romination for sheriff of Beltrami cointy before the | vrimaries to be held September 15, If elected to the office I will give the duties thereof the very best ability which I possess. WIS WRIGHT. J. 0. HARRIS, Candidate for the Republican Nomination for Register of Deeds. I hereby annouuce my candidacy for the nomination for Register of Deeds, of Beltrami County, on the Republican ticket before the primaries to be isheld next September. My past training has qualified me to discharge the duties of that office, with accurateness and dispatch, and T guarantee the public, if elected, a cor- rect and conscientious performance of duty. The support of all electors is earn- estly solicited. Respectfully Yours, —J. 0. HARRIS. D. H. FISK, Candidate for the Republican Nomination for County Attorney. Having duly filed as the first repub- lican candidate for County Attorney, for the Primaries Sept. 15th., I an- nounce myself as such and ask the support and votes of the electors of Beltrami county, It is my sincere wish to assist, as county attorney, in placing every safeguard around the treasury of this county, to econo- mize, allow no money paid out un- warranted or unnecessarily, see the income of the county increased and the liminished without in any Barker’s Drug Store. manner increasing taxation if possible to prevent, which I believe can be ac- complished and taxes reduced, by a just, equal and equitable assessment of all taxable property. Respectfully, D. H. FISK. M. E. IBERTSON. Candidate for the Republican Nomination for County Coroner. I hereby announce myself as a can- didate for the republican nomination for coroner of Beltrami county. IfI receive the nomination, I will make a vigorous canvass for the office, and if elected, I will perform the duties of coroner to the best of my ability. —M. E. IBERTSON. CROSSED TEXAS BORDER. Rebels Who Fought Recent Battle in Mexico. ‘Washington, o='v $..—The prasenq{ of Mexican revolutionists near { Texas border line and a subsequémt fight with Mexican troops brought Ambagsador Creel to the state depart- ment for an extended conference with Assistant Secretary of State Bacon. The officials here bélieve that these revolutionists crossed the Texas bor- der line and the belief -appears to be | confirmed by dispatches which Mr. Creel received from his government containing a warning of what was t happen but not in time to stop it. The ambassador announced that his government has established and gar- risoned eleven posts along the border. President Roosevelt has interested himself in the matter and all the agencies of the American government are being united in an effort to put a stop to violations of the neutrality laws. Fewer Saloons in Ohio. Columbus, O., to the state auditor’s report there are 458 fewer saloons in Ohio than (here were Jan. 1 last. This makes a fall- ing off in the state revenue since Jan. 1 of $397,207. Landslide Destroys Village. Innsbruck, Austria, ows, 1Z.—che village of Merh les Bains has been destroyed by a landslide. Sixteen persons are reported to have baen killed. v 21 According | There is no need of anyone suffering long with this disease, for to effect a quick cure it is only necessary to take a few doses of Chamberlain’s Colic, Cholera and Diarrhoea Remedy In fact, in ' most cases one dose is sufficient. It never fails and can be relied upon in the most severe and dangerous cases. valuable for children and is the means of saving the children .each year. In the world’ WANTS ONE CENT A WORD. HELP WANTED. WANTED FOR U. 5. ARMY: Able- bodied unmarried men, between ages of 18 and 35; citizeas of United States, of good character and temperate habits, who can speak, read, and write English For information apply to Recruit ing Officer. Miles Block, Bemidji Minn. WANTED—By small family in Grand Forks, good girl for general housework. One who can cook. Good wages. Apply 703 Beltrami Ave,, or telephone 157. WANTED—Competent girl for general housework. Good wages. Apply at sheriff’s residence. WANTED—Good girl for kitchen work. Enquire at Lake Shore Hotel. WANTED—Chambermaid at the Brinkman hotel. FOR-SALE. FOR SALE — Good seven - room house, 1225 Dewey avenue. Prop- erty in excellent condition. of reasons for selling. Apply to James M. Dean, Bemidji. FOR SALE—Cneap, house with lake front. Inquire of Ben Schneider. LOST and FOUND LOST—Kahke coat, near corner of Ninth street and Minnesota Ave- nue, tourist cup in pocket, initial J. A. McD.” For reward return same to this office. 1 LOST—Child’s red sweater; on lake shore. Finder please return same to Markham hotel or Pioneer office. MISCELLANEOUS. PUBLIC LIBRARY—Open Tues days, Thursdays and Saturdays, 2:30to 6 p. m., and Saturday evening 7:30 to 9 p. m. also. Library in basement of Court House. Mrs. Harriet Campbell librarian. The New Grocery Has on hand at all times ch staple and fancy groceries. We have the best line of canned meats for picnics in the city: veal loaf, potted mackerel and ham. Fresh eggs and ROE & MARKUSEN PHONE 207 oice fresh berries and fruits, ham, cold chicken, salmon, creamery butter. Building We carry in stock plete line of lumber of all descriptions. well assorted stock make your selection. Lumber and Call in and look over our special line of fancy glass doors. We have a large and WE SELL 16-INCH SLAB W00D St. Hilaire Retail Lbr. Co. BEMIDJI, MIAN. Material at all times a com- and building material from which you can ; _ s history no medicine has ever met with greater success. Price 26 cents. Large size 50 cents. Best | It is equally lives of many 20 years experience as a SPECIALIST DR. REA Eye, Ear, Nose, Throat Diseases of Men; Diseases of Women; Nervous Dis- eases; Chronic Diseases. Coming to Bemidji Thursday, Aug. 27 at Markham Hotel 9 a, m. to 3:30 p. m. One Day Only! Dr. Rea has made 'more re- markable cures in the Nor- thwestern states than any living man. All curablo medical wna su-yical dlseases acute and chronic catarrh, and Spectal Dis- eases of the Eye, Ear, Nose and Throat, Lung Disease, Early Consumption, Bronchitis, Bron chial Catarrh, Constitutional Catarrh, Dys- pepsia. Sick Headache, Stomach and Bowel Troubles, Rheumatism, Neuralgla, Sciatica, Bright's Disease, Diabetes, Kidney, Liver Bladder, Prostatic and Female Diseases, Diz- einess, Nervousness, Indigestion, Obesity, In- terrupted Nutrition. Slow groth in children, and all wasting disease in adults. Many cases of deafness, ringing in the cars, 10ss of eyesight, cataract, cross oves, etc., that have ‘been improperly treated or neglected, can be saslly restored. Deformities, club feet, cur- verature of the spine, disease of . the brain, paralysis, epilepsy, heart disease, drops: swellitg of the limbs. stricture, open sores, pain in the bone, granul: ements and all long-standing di erly troated. Young, middle aged and old, single or mar- ried men and all who suffer from lost man- hood, nervous debility, spermatorrhoea, sem- {nal losses, sexual decay, failing memory, weak eyes, stunted clopment, lack of energy, impoverished blood, pimples, impedi- ments to marriage; also blood and skin dis- ease, Syphilis, eruptions, hair falling, bone pains, swellings, sore throat, ulcers, effécts ot mercury, kidney and bladder troubles, weak back, burning urine, passing urine too often, gsnorrhoea, gleet, stricture, receiving treat- ment prompt reliét for life. Cancers, Tumors, Goiter, Fistula, Piles varicocele and enlarged glands, with the sub- cutaneaus injection method, absolutely with= out pain and without the loss of blood., 1s one of his own discove a drop of ies, and is the most really scientific and certainly sure cure of the twentieth century. No' incurable cases taken with a guarantee tw cure, Con- sultation to those interested, $1.00. DR. REA &iCO., Minneapolis, Minn. 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