Bemidji Daily Pioneer Newspaper, September 14, 1908, Page 1

" THE BE VOLUME 6. NUMBER 126. - : 1 DAILY PIONEER. BEMIDJI, MINNESOTA, MONDAY EVENING, SEPTEMBER 14, 1908. ! FORTY CENTS PER MONTH PRIMARY ELECTION IS ON TOMORROW--6 A.M.TO 9P.M. Polls Open Long Encugh to Allow All Classes of Feople an Opportunity to Vote.—L Officers in the ist of Polling Places and City of Bemidji. The primary election for the nomination of candidates for office at the general election in Novumber will be held tomorrow at the various voting precincts throughout the state of Minnesota. The law requires that the polls be opened at 6 o’clock in the morning and remain open until 9 o’clock in the evening. There is also a pro- vision which requires saloons to be closed (tight) during these hours. Voters must ask for the ticket of the party with which they are affiliated, as but one class of ticket can be voted, no one being allowed to vote part republican and part democratic tickets. The council also designated the polling places for the primary elec- tion, and appointed judges of elec- tion, as follows: First ward: Polling place, Mageau’s grocery store; judges, M. A. Snow, Clyde Johnson and W. T. Mageau. Second ward: Polling City hall; judges, M. Flint, F. George and C. Shepherd. Third ward: Polling place, Pogue’s warehouse; judges, J. P. Omich, F. OLeary and P. M Dicaire. Fourth ward: Polling _place, Daily’s Employment office; judges, Alex McKinnon, G. W. Rhea and E. H. Winter. The normal vote of Bemidji is between 700 and 800, but is be- lieved that nearly that number of ballots will be cast at tomorrow’s election. Many of the laboring men, who make Bemidji their headquarters, are absent in the Dakota thresh- ing and performing other labor on farms in that state, and will not be here to vote. { However, the contest for several offices has been so spirited that undoubtedly every resident of the city, who is entitled to vote, will be induced to goto the polls, if he place, | does not do so on his own accord, SEPTEMBER TERM COURT REGINS TOMORROW A. M. There Are Seventy-Seven Civil and Seventeen Criminal Cases on the Calendar. The September term of court for Beltrami county will- be cunvencd in Bemidji tomorrow morning, at 10 o’clock, with Judee C. W. Stanton of this city presiding. Judging from the calendar the term will be a comparatively long one, as there are seventeen criminal cases and seventy-one civil cases on the calendar. However, many of these cases were continued from last term and no doubt a large number of them will be disposed of in very short order. Two of the cases which are on the docket and which are occasion- ing considerable interest are those against F. A. Mayo of this city, which are known as the ‘“Akerberg cases,” and the outcome will be watched with considerable interest. Another important case is that of Mrs. C. W. Scrutchin vs. the City of Bemidji, which is a damage suit in the sum of $5,000 for personal injuries claimed to have been sus- tained through a defective sidewalk, In this case, Judge Stanton recently ordered a new trial of this caie and the suit will be taken up at this term of court. The following is the list of jurors for this term of court: GRAND JURY. William Warren, Turtle River, Fred Tyson, Turtle River; A. B. Palmer, Solway; Axel Dusette, Puposky; C. H. Smith, Turtle River; John McElroy, Bemidji; S.S. Carter; Tenstrike; J. B. Ferguson, Williams; John Graham, Bemidji; E. A. Jewell, Blackduck; Carl Boé, Blackduck; John A. Sanders, Tenstrike; J. K. Titus, Bemidji; I. O. Lillevold, Thorhult; A. Gilmour, Bemidji; Michael Christenson, Puposky; N. C. Knudson, Thorhuit; Frank Brun, Nebish; Martin Walden, Saum; Fred Brinkman, Bemidji; John Kyler, Spooner; Tohn Goodman, Bemidji, and Thomas P. Dooher, Quiring. PETIT JURY. Prosper Albee, Farley; Ray Dick- enson, Solway; Arthur Page, Hines; John Dodge, Tenstrike; J. G. Bing- ham, Benville; Bruno Major, Wilton; N. G. Reynolds, Bemidji; August Charchow, Bemidji; Frank Wagner, Bemidji; - ©. B. Olson, Kelliher; Axel Peterson, Bemidji; A. A. Haarklan, Solway; Frank Geroy, Tenstrike; James Wynne, Solway; Asa Stosberg, Tenstrike; C. J. Carlson, Quiring; J. E. Youngman, Quiring; John Hoile, Benville; H. S. Rustad, Inez; Jerry McCarty, Be- midji; C. J. Stenmoen, Bemidji, A. M. Ecklund, Wiliiams; Ole Kinjum. Inez; and Fred Rydberg, Baudette, At the request of J. J. QOpsahl, made through his representative, John L. Brown, we herewith print an opinion'given by attorney General Young, wherein that gentleman gives an opinion as follows concerning the question as to the eligibility of a member of the last legislature to serve in the next legislature: “Bemidji, Sept. 13, 1908. “E. T. Young, Attorney General, St. Paul, Minn. “Does chapter 229, laws nineteen seven, disqualify representative who voted for increase in salary from serving in next legislature under constitution, article 4, section 9. Answer quick. “J. J. Opsahi, Bemidji, Minn.” The following answer was received from Mr. Young this afternoon: .““St. Paul, Minn. “J. J. Opsahl, Bemidji. “Passage of salary law did not in my opinion make any member of the legislature ineligible to re-election. | “E. T. Young, Atty. Gen.” It will be noticed that, in the above telegram, Mr. Young carefully avoids stating ‘whether the legislator under digcussion-would-bieeligible TO- SERVE if re-elected. He simplv states that IN HIS OPINION, the member of the last legislature is not ineligible TO RE- ELECTION. The attorney general of this state has been known to err quite seriously in his opinions. In fact, he has already been in contempt of the supreme court of the United States for mistakes in his legal conclusions, to-wit: the railroad rate . cases, in which the state lost out. As before stated, there is an element of doubt, and voters should be on the right side in casting their ballots for a representative from Bettrami county. A vote for Henry Funkley will be followed by no entanglements in this direction. The article printed in the Pioneer Saturday evening, wherein the Crookston Daily Journal raised the point that any representative of the last legislature was not eligable to serve in the same capacity again until one year after the expiration of his present term of offices I want your business and am prepared to furnish you the goods at right prices. J.A.LUDINGTON, The Cash Hardware Man Say Boys, The Ducks Are Rine If you have not got a boat yet you better get in line. Here is a dandy one—twelve feet long, thirty-six inch beam, eight and one-half inches deep; cockpit twenty-six inches by seventy-eight inches; fitted with two galvanized air tanks, one pair oars and one eight foot push paddle and seat. Painted dead grass color, weighing all told only eighty pourds and has a guaranteed carrying capacity of five | hundred pounds. With this boat you can stand and shoot with ease and perfect safety. This boat is built of pine and basswood with hardwood ribs and trimmings, all complete and ready to put in the water for I have square stern row boats, made from white cedar with hardwood ribs and trimmings, all complete with one to put in the water, for only $22 E | ture. Many The Crookston Journal of Sat- urday contained the fellowing concerning E. T. Young's opin- ion that the increasing of salaries would mot make a member of the last legislature ineligible until one year after expiration of office, and that the: statement would indicate that the attorney general is alone in that opioion; and that attormeys of . repute agree that members of the legis- lature of two years ago are not eligible to serve until one year after January 1, 1909: ) -“Local attorneys who have read E. T. Young’s ruling, which is to the effect that members of the last legislature which increased the salary of representatives from $450 to $1.000 per term are eli- gible to re-election despite the state constitution, whieh says no, and are of the opinion that should Holton and Saugstad be nomi- nated and elected, Polk county would be without any represent- atives. i “They hold that the. section of the constitution quoted by Young, applies specially to mem- bers of the legislature to_prexent them from reaping: the benefit of voting themselves big salaries.” At any rate, there is a serious doubt cast over Mr. Opsahl’s eli- gibility, and voters should cast their ballots for Henry Funkley, against whose eligibility there is no doubt. produced a result like unto a bomb in the camp of Opsahl, Allen and cohorts. Since the article was published employes of the Opsahlized Sentinel have been running hither and thither, asking people to pay no attention to the article—that it was a lie on the part of.the Pioneer, printed at the last moment for the express purpose of injuring the exponent of “clean politics,” Opsahl. . The Pioneer simply reproduced the article from the Journal, which quotes the laws of the state—in fact, the constitution, which cannot be exchanged except by two-thirds majority vote for the legislature, Despite the ranting talk of Op- sahl’s supporters and the wailing and gnashing of teeth on the part of “Old Allen,” the fact remains that the nomination and re-election of Opsahl as representative to the leg islature from the Sixty-first district would raise a serious question as to his eligibility, and it is altogether likely that the residents of this leg- islative district will not vote for Opsahl and take the chance of hav- ’inz no representative in the legisla- There are many matters of import to the residents of the Sixty- first district that need to be pushed with vigor and our interests watched, and the electing of a doubtful rep- Died at Mizpah. Mizpah, Sept. 14.—Special to Pio- neer.)—Mrs. M. J. Comstock, wife of a retired business man of this village, died Saturday afternoon after suffering for five months with paralysis. M. E. Ibertson of Bemidjiarrived here Saturday evening to prepare the body for burial. Funeral ser- vices were held here yesterday after- noon under the direction of Rev- erend Amundson of the local Baptist church and the body. was shipped this morning to Motley where it will be laid to rest near her old home. Local news on last p age. DOUBT STILL EXISTS AS TO ELIGIBILITY OF J. J. OPSAHL - TO SERVE IF HE'S ELECTED| Attorney General Young Renders an Opinion, Which Is Only Partial, Relative to Opsahl’s Eligibility.---Says Nothing About Eligibility to Serve.-- ' Not Concur in the Opinion. Attorneys Do resentative would be little short of criminal negligence. There are good roads, drainage and the general development of this part of the state—all vital questions which must be attended to. And Opsahl has created suck intense feeling by the methods used in his campaign that were he elected and there was any chance to unseat him, it is cer tain that he would be the target for liti- gation, thus destroying any efforts of which he might be capable in furth- ering our interests. Let him be ever so able a man, his work would be questioned and his vote in the legislature doubted as to legality. A vote for Henry Funkley assures the people of the Sixty-first district a hustling representative, whose seat will not be contested, in any event, whose style of campaign has made friends for this community, instead of tearing apart friendships of long standing and arraying every indi- vidual against his neighbor. The insulting insinuations made by Opsahl and his worthy associate (0ld Allen”) against Mr. Funkley’s moral character ~will but react against Opsahl, and that gentleman will - be..given - the . overwhelming defeat which he deserves. - Don’t throw away your vote by casting your ballot Tuesday for a man whom the constitution of the State of Minnesota says distinctly cannot serve for at least one year from next January—if nominated and re-elected. from him. has lived. liberal education, About 'One Hundred People Weath_er to Visit Many The excursion to Redby on Red Lake and also to Red Lake Agency, which was given by the M. R. L.. & M. railway company, was a very en- joyable affair, and was participated in by about 100 people, the majority of whom were taken on at Bemidji. The railway company put on a special train, which left Bemidji at 9:30 in the morning. The train con- sisted of two coaches and an engine, and all the seats were .comfortably filled before the train left the local depot. The trip to Redby was made with- out mishap, S. Vincent, local agent going along with the train which was in command of Conductor Mike Dwyer, with Paul Garrigan at the throttle of the locomotive. Dinner was had at Redby, the majority of the crowd stopping at Hotel Cassin, where Pat Cassin looks after the welfare of the guests in a most estimable manner. In the afternoon a large number of the excursionists boarded the railway company’s gasoline boat on Red Lake and went to the Red Lake Indian Agency, about six miles up the shore. A stop of over rwo hours EXCURSION TO RED LAKE WAS LARGELY PATRONIZED Tookv Advantage of the Fine Points of Interest on the Historic Red Lake. - was made at the Agency, when the party was given an opportunity to look over the Agency buildings and visit many beautiful spots at the Agency which have historical prominence. The boat returned to Redby at about 5:30 and, after all had par- taken of another hearty meal, at Pat Cassin’s, the train returned to Bemidji, arriving here about 9 o’clock. One of the features of the excur- sion was the presence of many of the candidates for nomination at the primaries and they all made very good use of their time. Among |them were John Wilmann, county auditor; F. J. Dunwoody, candidate for probate judge; J. N. Bailey, for county treasurer and J. P. Riddell, for register of deeds. It was noticeable that a cloud of smoke overhung the lake and excluded the view of the other shore, which made it impossible to see any distance on the water. It is believed that forest fires are raging at differ- ent points about the lake, although so far reports have been received of but one fire and that near Island Lake. Election Returns at the Markham Hotel Tuesday Evening. The Markham hotel- will post returns of the primary . election tomorrow evening, beginning as soon as the polls close, which will be at 9 -o’clock. Arrangements have been made to receive many of the returns by tele- phone from Beltrami county pre- cincts and these will be posted in a conspicious place as soon as received. Be at the Markham hotel tomorrow evening if you want to know how the election went. Built Fine Cottage. ‘J.F. Williams of Grand Forks, N.D., has_recently combleted the erection of a substantial sum mer residence at Lavinia on the shore of Lake Bemidji. The house .is a fine small structure costing in the neigh- borhood of $700. ‘Mr. Williams left for Grand Forks Saturday afternoon and will spend the winter there. Mr. and Mrs, Williams will return to this city next June and spend the beautiful sum- mer season at Lake Bemidji.” Bemidji, Minn., Sept., 14th, 1908. TO THE VOTERS OF BELTRAMI COUNTY:—— E. E, McDonald of this city has mailed to the voters im the out- lying precincts 61‘ this county circular letters slandering the character of Chester McKusick. It is evident to every voter that McDonald has done this at the last moment,believing that he could cast a cloud over Mr.McKusick's character that could not be removed before the primaries: that he could successfully vilify Mr. McKusick and frighten.voters away We denounce Mr. McDonald's letters as slander. We state that of our own knowledge Mr. McKusick is a man of high ‘character anq exemplary habits, and we promise to furnish to the people of this county testimonials from the best men in the State of Minnesota that Mr. McKusick has borne a high reputation since boyhood and has at all times commanded the highest respect in communities where. he He has been a widower for eight years-and has reared a family of children to manhood and womanhood and provided them with a He has at all times been devoted to his family and provided liberally for his family. The McDonald communications referred to are the dirtiest slander that has been handed out in any community, and should be resented by every voter in Beltrami County. E. J. Swedback W. G. Schroeder Rowland Gilmore G. E. Carson Dr. A. E. Henderson John Moberg K. McIver J. P. Omich ; W. E. Neal Bert Getchell J. P. Pogue WINNESOTA HISTORICAL SOCIETY.