Bemidji Daily Pioneer Newspaper, October 27, 1908, Page 1

THE BEMIDJI DATLY Histori ' PIONEER. cal Society, TmE1: 9 VOLUME 6. NUMBER 163. BEMIDJE, MINNESOTA, TUESDAY EVENING, OCTOBER 27, 1908. FORTY CENTS PER MONTH JUDGE STANTON REFUSES STAY IN WARRANT MATTER Decision Rendered in Municipal Court Controversy.--Mayor > Pogue Ordered to Forthwith Comply with Mandamus Which Was Recently Issued by Court, State of Minnesota, | County of Beltrami. } District Court, Fifteenth Judicial district. State of Minnesota, ex rel C. D. Fisk, Relator, VS, J. P. Pogue, as mayor of Bemidji, | Minnesota, Respondent. The relator is duly appointed, qualified and acting clerk of the municipal court of the city of Be- midji and by the terms of the reso- lution of the common council of said city, which created said municipal court, his salary was duly fixed at six hundred dollars per year, “pay- able in equal installments monthly as the salaries of other city officers are now payed.” The city clerk at the proper time, duly filled out, signed and executed, on his part, a warrant payable to relator for his salary for the month of September, 1908. This warrant was presented to J. P. Pogue, mayor of the city for signature, and he refused to sign the same. On petition of the relator, a pre-emptory writ of mundamus was issued by this court requiring the said J. P. Pogue, mayor, to sign said warrant. At the time set for a re- turn to be made upon said writ, the said J. P. Pogue, mayor, appeared and by way of excuse for not having theretofore signed the warrant as di- rected by said writ alleged: “That said writof mandamus had been inadvertantly issued by this court, and that said plaintiff, in pro- curing said writ has withheld and concealed from this court facts relevant and material to his right to such writ, and which facts, had they been disclosed to said court, would have prevented this court from issu- ing a peremptory writ in this action, and that said facts so withheld and concealed from this court are as follows: ‘““That it is provided by the charter of the City of Bemidji that the mayor of said city shall sign. all orders authorized to be issued by the council of said city, except other- -wise provided in said charter, and that said charter further provides as follows: “ s, The resolution providing for the issue of a warrant shall state the fund on which such warrant shall be drawn, and every warrant shall designate the specific pur- pose for which it is issued, and the specific fund upon which is is drawn, and shall be payable out of none other. Each warrant shall be pay- able to the order of the person in whose favorit is drawn. No war-| rant on any specific tund shall be drawn or issued until there is suffi- cient money in the treasury to the| credit of such fund to pay the | same, together with all other war- rants issued since the adoption of this charter that may then be out- standing against such fund; and the council is hereby prohibited from authorizing the issue or order- ing paid any such warrant, until there is sufficient money, as afore- said, in the treasury, applicable thereto, to meet such warrant, together with all other warrants which may be outstanding against said fund. No officer or official body of the city shall have any power to contract or create any indcbtedness against the city, except in accordance with the provisions of this charter; and any warrant issued contrary thereto shall be wholly void as to the city, but the same shall constitute a personal claim against the officer or officers issuing the same, and any member of the council voting to authorize the issuance of the same, or attempt- ing to create such indebtedness.’ “That at the time of the service of said writ above referred to on this defendant, there is no money what- ever in said general fund, on which fund the warrant of said plaintiff s D EFECTIVE PAGE was so drawn and made payable, with which to pay such warrant; and that there were warrants out- standing and unpaid, drawn and issued on said general fund of said city since the adoption of said charter, amounting in the aggregate to more than $8,000.” As the answer sets forth facts at variance with the petition praying for said writ, which facts were ex- pressly admitted by the relator, the court stayed proceedings under the writ and took the matter under ad- visement. That mandamus will lie to compel the execution of a warrant in a case like the one at bar, when it appears that there is money in the p‘art- icular fund upon which the warrant is drawn, is too well settled to per- mit of discussion. The only question here presented for judicial expression is whether, under the admitted facts, and in view of the above quoted section of the city charter, Mayor Pogue should be required to sign the warrant. This case is clearly distinguished from the class of cases in which items held that mandamus will not lie to enforce the payment of a warrant drawn upon a fund in which there is no money. Here, the actI required is the execution of the warrant, not the payment of the money. The relator rendered the services alleged, earned the salary provided for in the resolution aud is entitled to the warrant evidencing the indebtedness to him. In State vs. Ames, 31 Minn. 440, the court said: “In addition to the consider- ations, the right of the relator to the writ is supported by abundant auth- ority. Whereas, in this case, a de- mand against a municipal corpora- tion has been duly admitted, allowed and ordered paid, and the proper officer refused to perform the purely ministerial act of drawing, signing or sealinga proper warrant in the premises, it is common - practice to compel him to do so by mandamus.” “Frequent applications of the doctrine under discussion occur in cases of salaries due to public officers, and, in-such cases, when the amount of the salary is definitely fixed by law, the drawing of the warrant upon the treasurer does not involve the exercise of any official discretion and may properly be coerced by mandamus.” High ex. Rem. Sec. 105. The city charter provision urged in opposition to the writ is not appli- cable for the reason that the power to contract indebtedness is not involved. Therefore it is ordered that the stay granted upon the hearing herein said writ of mandamus be in full force and effect, and the said J. P. Pogue, mayor, is commanded to forthwith comply with all the terms thereof. Oct. 26th, 1908. —C. W. Stanton, Judge. In connection with the above decision it may be interesting to note that the case of Don Bales vs. Thomas Bailey, as sheriff, was argued before the supreme court {on the 23rd inst. Bales was sentenced on August 15th to ninety days in the county jail for petty-larceny by Judge Bailey of the municipal court. He had served about forty days when he decided ro test the validity of his confinement and attacked the | jurisdiction of our municipal court, applying to Judge Stanton of the district court for a writ of habeas corpus against the sheriff in order to raise the question. Judge Stanton denied the writ after careful deliberation and sus- tained the jurisdiction of the muni- be vacated and set aside and that| The petitioner appealed from Judge Stanton to the Supreme Court and the case was heard last Friday, being submitted on the part o County Attorney Funkley and the attorney general by briefs and on the part of Bales by briefs and oral argument by Attorney Jackson of this city. The decision in this case has not been rendered yet by the Supreme Court but it is expected that it will be reached in a few days. 0ld Friends at the Bijou. Howard Brandon, an actor who is well known in this city, is appear- ing at the Bijou for three nights this week in conjunction with Miss Florence Wright, in a new iittle playlet called “Dear Old Dad.” The playlet is making a splendid hit and Mr Brandon and Miss Wright are receiving many compli- ments on their work in the act, Mr. Brandon has visited here} several times, having been a member of the companies playing “Panama,” ‘The Man From Sweden,” and" Dora Thorn,” and has made the acquaint- ance of many Bemidji people who like him as a man who is a gentle- man in every sense of the word and a splendid actor. Miss Wright has also visited here previously and is well known to local theatre-goers. 'They make a splefidid team. William W. O’Brien is also doing a clever turn at the Bijou. He comes from the big circuit and is a clever actor. WILL SELL MILLINERY REGARDLESS OF GOST Mrs. J. ). Conger Is Sacrificing Her Splendid Stock of Up-to-date Millinery Goods. Mrs. J. J. Conger, whose millinery strock is in the postoffice block, is offering for sale all her up-to-date stock of millinery at prices which is a money-saving proposition to you, as all goods will be sold regardless of cost. The sale will commence at once and continue until every hat is sold. Appointed Administrator. In the matter of the estate of George A. Porter, who died several weeks ago in his cottage across the {lake and who was more familiarly known as "Dick,” Judge of Probate M. A. Clark of this city appointed E. A. Burke yesterday as adminis- trator. Made Final Proof. Geo. Morris appeared before Clerk of Court Rhoda of this city yester- day morning” and made final proof on his claim in the Town of Rock- wood in Hubbard County. Local news on last page. THE MAYOR. “MESSAGED" THE GOUNGIL LAST NIGHT Told “City Dads” a Few Things.— Council, by Unanimous Vote Granted Burke License. Much interest was taken in the meeting of the city council last evening, it having been announced beforehand that Mayor Pogue would present to = that body a special message. The message was forth- coming and was an interesting document. Among other things in this mes- sage, Mayor Pogue stated that Sec- tion 1, Chapter 3, of the city charter made it his duty to give information, from time to time, for the betterment of the city. Mayor Pogue stated that the charter provided that no warrants should be issued until there was sufficient money in the treasury to the credit of the fund upon which the warrant is drawn to pay same, and that he and the city clerk, in signing the said warrants in the past, had done wrong, as well as the council in allowing bills. He further stated he would sign no warrants 1 the future unless sufficient money was in the fund on which warrant was drawn to pay the full amount of the warrant to be issued. Our Motto: “Don’t Let ‘Us Alone!” That National Prosperity Association wants everybody to quit “agitating.” Its motto is “Let Us Alone” Well, that may be all right for the immense cemmercial concerns of the country— the manufacturers, etc.—but it is all wrong for the ordinary business house. You don’t want people to let you alone. You want them to come around | and buy goods, don’t you? But they will let you alone unless you “agitate.” And the way to agitate is to ADVER- TISE. Our columns are open, and the space price is just right. He also stated that greater care should be taken by the council in the awarding of ' contracts for sup- plies for the city, and that the coun- cil should not purchase from firms or corporations in which any member of the council was directly or in- directly connected. He made special mention to the‘ same effect as to work being done on the streets of the city. ¥ Mayor Pogue also commented on the condition of the citiy’s finances, and recommended to the council that a salary fund be created out of which the city’s employes should be paid; and that this fund should be created from the general revenue funds received and not otherwise appropriated. He also réecommended that if this could not be done that the charter commission be called to- gether and appropriate amendments drawn by that body and submitted to the people for their approval. At the close of his message, Mayor Pogue stated that he hoped errors in the past would not be repeated and that this message would serve the purpose of caution- ing the council to a more economi- cal administration of the city’s affairs. After the reading of the message, the council by majority affirmative vote, laid same on the table. The application of A. Burke for license to sell intoxicating liquors in the Clavin building, on Second street, where he has conducted the “Star” theatre, was allowed, the vote on the application being unani- mous, President Gould, Aldermen McCuaig, Smart, Miller, E. J. Could, Marin and Rhea voting aye, there being no nays. The application grants Mr. Burke license to sell intoxicating liquors in the premises described as follows: “At and in the front room, first floor of that certain two-story frame building located on Lots 18 and 19, Block 17, original townsite of Be- midji, Minn.,” and not otherwise. The bills were on motion laid over one week, awaiting the decision of Judge Stanton in the application of H. W. Bailey and others, in which they ask the district court for an order compelling Mayor Pogue to sign city warrants passed by the council. Ordinance No. 45 was given its second reading. In the matter of application of Tillie Larson for license to sell in- loxicating liquors, the council, by a vote of six ayes and one nay, grant- ed said license. Committed for Contempt. William J. Sullivan, a tailor in this city, county jail this morning for con- tempt of court by Judge C. W. Stan- was sentenced to the {ton of the district court for failing to pay the alimony due to his divorced wife. Sullivan will -be kept in the county “bastile” until he pays what is due to his former ~ Try Pioneer Advertising. wife, cipal court, remanding Bales to the custody of the sheriff. PR EAGLE PENC =] 1L CO.NEW YORK The “Eagle Russet” Fountain Pen The Best Dollar Fountain Pen on th_e Market The Pen is always ready for use and may be carried in any position without danger of leakage Ask for Russet Fountain Pens at The Pioneer Office MANY MEMBERS BELTRAMI C0. BAR ENDORSE STANTON Prominent Attorneys Who Have Tried Cases Before Judge Stanton Issue Stateme Worthy of A judge of the district court is to be’elected this fall, who will hold office for six years. the most important matter before the people of 'this district at the The district court is the court of last resort for most people, few having the means to appeal in case of unfavorable de- cision. The property, liberty and in some cases, the lives of the people, rest upon the decisions of that court, and in more than ninety per cent of the cases tried there, its decisions are final. The importance of select” ing the right man for the office of judge, is too plain for argument. The office is not a political one, nor should the question of party politics This is easily coming election. ot lieelaring Him Well Re-electioa. He isa man of wide experience, broad views, a sound knowledge of of the law, and is possessed of a spitit of fairness that makes him desire essential justice to all having business before him. He is kindly and patient, though firm and digni- fied. Personally, he is courteous and friendly to all, very accommodating, and his decisions command respect from everyone. He has been on the bench for.several months, and has most emphatically “made good,” and it seems to us, without any | reflections on any other candidate, that the people of this district should take no chances on a change, but “let well enough alone,” and elect a judge whom we know is all right, ever be permitted to influence theirathel' than seek for a new man, selection of the judge. There is nothing that can be gained or lost to any political party, {too late to reéti(y mistakes. who may or may not be equally satis- factory. After election it will be We through the personal political faith;kuow Judge Stanton and know that of the judge, nor do his political {’he has been and will be satisfactory opinions cut any figure whatever. There is but one question personal to the candidate, worthy of consid- eration, and thatis, what are his qualifications? In the present case, we, the undersigned lawyers of the Fifteenth Judicial district, all of us having personal experience and knowledge on which to base our opinions, respectfully recommend the election of our present judge, | C. W. Stanton, to succeed himself for the coming term. Judge Stanton has held court in every county of the district, and has proved himself eminently satisfac- tory to the bar, and to the people. to all, in his administration of this high office, and therefore, we earn- estly ask the support of the voters of this district for him. H. T. Loud, Bemidji. G. W. Campbell, * Charles W.Scrutchin John F. Gibbons, A. A. Andrews, “ Henry Funkley, ¥ Frank B. Jackson, S P. J. Russell, “ John E. Samuelson, S. M. Koefoel, Baudette. C. R. Middleton, “ George E. Ericson, Spooner. B. T. Wilson, Blackduck. Special Sale an Milinery. Commencing Tuesday, October 27, we offer zreai bargains to those who visit our store during this sale. week all trimmed hats, pattern and tailored hats, will sell at sacrifice! Veilings, wings and ostrich | prices. plumes will be on display at reduced prices. Here is a chance to pur- chase your winter hats at the right time, at right prices and at the right store. Mrs. Hetland Fallon. “‘UNDESIRABLE GITIZENS” LODGED IN GOUNTY JAIL Bert Clark of Baudette, Charged with Illegal Importation of Aliens, Was Released. United States Immigration In- spector Charles Carr of Winnepeg has lodged Martha Wright Virginian Marseilles, who were taken from a house of ill repute in Baudette, in the Beltrami County jail on com- mitments charging both with enter- ing the United States without inspec- tion and specially charging the latter with being an inmate of a house of prostitution and of practicing pros- titution within three years subse- quent to entry. - The Wright woman was taken from the county jail by Inspector Swanson about ten days ago to Bau- dette to appear as a witness in the hearing of Bert Clark, who operated the house from which she and Mar- seilles wete taken and who was arrested by the imigration author ities for illegal importation of aleins. Clark was charged with importing Martha Wright and Virginian Marseilles from Winnipeg but was acquitted and released upon the hearing which was held-before Com- missioner Berg. The two women, Wright and Marseiles, will be held in the county jail until further action is taken by immigration . beaureau, probably and twenty-five or thirty days. A new assortment of trimmed | | bats just received and during this| 'ROBBED THE BENA STORE OF ERNEST FLEMMING Burglars Secured Good Haul.—Would Have Got More Had They Waited Until Today. Crookston Journal: Ernest Flem- ;:ming’s big store at Bena was burglar- iized Sunday morning, the postoffice |also being located in the same build- {ing. From the postoffice there was gstaleu $250 in stamps and about 1$8.50 in silver, and from Mr. Flemming’s private safe, about $250 in cash. The thieves then stole a Great Northern hand car and made off |either east or west, no trace having Ibeen found of the handcar as yet. One suspect was arrested at Cass Lake yesterday but thereis little evidence against him. The peculiar part of the deal is that the burglars made a big mis- take that they did not wait till Tues- day when the Indians are to get a payment and Mr. Flemming would have had at least $15,000 in cash in his safe which they could have secured. . The store was entered thru a rear window and the safe dynamited. It is believed that there were seyeral in the gang otherwise a handcar could not have been used. Ernest Flemming is one of the best-known loggers in northern Minnesota. Last winter he engaged extensively in logging near Black- duck, and was often in Bemidji, on his way from Bena to the “‘Duck.” (It is known that Mr. Flemming handles a big merchandise business at Bena, and always has on hand a goodly sum of “coin of the realm.” { That the burglars did not find more money is simply a matter of luck for Mr. Flemming, as he always keeps considerable on hand. 3 Being a man who is “well-to-do,” the theft will in no manner hinder Mr. Flemming in his'business deals. Additional local matter will be found on last page.