Bemidji Daily Pioneer Newspaper, April 21, 1909, Page 1

— THE BEMIDJI VOLUME 7. NUMBER 3. ATLY PION BEMIDJI, MINNESOTA, WEDNESDAY EVENING, APRIL 21, 1909. FORTY CENTS PER MONTH AKERBERG $5000 DAMAGE SUIT IS DISMISSED TODAY Plaintiff, Through Attorney Rowe, Moved for Dismissal.— Papers Served in New Cases Being This afternoon new papers were prepared in another suit against Mr. Mayo, the charges being practically the same as those contained in the former case, with the added clause charglng that the defendant was not a duly licensed pharmacist at the time the much dis- cussed powders were put up. It is intimated that before this case is ever taken up by the district court, it will be taken to the supreme court. In district court this morning, on motion of the plaintiff, the $5,000 damage case of Mathilda Akerberg (as administratrix of the estate of Carl Akerberg, deceased) vs. F. A. Mayo, was dismissed, W. E. Rowe, as attorney for the plaintiff, stating to the court that circumstances were such that his client did not care to continue the case, which he desired dismissed, without prejudice to the plaintiff. This ended, for the present at least, a case which has caused much comment and has at- tracted considerable attention. The exact accusation made by the plaintiff against Mr. Mayo was that the latter had illegally and wrong- fully compounded a prescription so as to contain or include an overdose of strychnine poisoning resulting in the death of Carl Akerberg, in Septem- ber, 1907. All of yesterday afternoon was octupied in obtaining a jury, and prior to adjournment of court, W. E. Rowe of Crookston, as attorney for Mrs: Akerberg, asked to have the case held open until 9 o’clock this morning, for the appearance of a material witness from Minneapolis, Mr. Rowe stating that if the witness failed to arrive it would probably be necessary to dismiss the case. E. E. McDonald of this city, representing Mr. Mayo, stated he hoped that if the case was to be dismissed, such action would be taken before adjournment, soas to save a lot of unnecessary expense in bringing material witnsses to Bemidji on behalf of the defendant. Judge Stanton allowed Mr. Rowe until this morning to decide as to whether the case would be dismissed or the trial proceed; the jury not being sworn, also at Mr. Rowe’s re- quest. Mr. Rowe, this morning, immedi- ately moved for a dismissal of the case, the jury not being sworn. Among the witnesses who were in the city prepared to testify for the defendant in this case were Prof. Julius Hartvect, state chemist of St. Paul, and Prof. N. Lehnen of St. Paul an analytis chemist. When the Akerberg case had been disposed of, the resumption of other cases was taken up by the court and some time spent in arranging suits for immediate trial, there hav- ing been a general opinion among the attorneys that the Akerberz case would have taken the remainder of Case this P. M.—Other Considered. today, and they were consequently not prepared for immediate trial of any cases. After consulation with the attor- neys present, Judge Stanton set case No. 27 for trial this afternoon. This case is that of F. Pierce & Co. vs. Andrew Olson and Clara Olson, being a claim for money alleged to be due the plaintiff from the de- fendants while the latter was con- ducting the Nicolet hotel, the plaintiffs operating a meat market. P. J. Russell attorney for plaintiff, G. W. Campbell for defendants. It was decided the case of the Jerrard Plumbing company vs. Matt Thome and Matt Mayer will be taken up tomorrow morning, Gibbons & Torrance being attorneys for the Jerrard Plumbing company and P. J. Russell representing Thome and Mayer. Case No. 29, Fred N. Lang vs. Alivin A. Carter, an action for money alleged to have had and received by the defendant, was dismissed, Chester McKusick being attorney for Lang and E. E.Mec- Donald for Carter. Case No. 56, Village of Blackduck vs. John Berg, stipulation. Bunn T. Wilson of Blackduck for plainttff, C. W. Scrutchin of Bemidji for defendant. Judge Stanton requested the at- torneys to so arrange cases as to be able to proceed expeditiously with the trials hereafter. One of the most important cases that will be considered at this term of court is that of Johnson vs. Koch, as administratix of the estate of her son, Fdward Johnson, decased, has entered suit to recover the sum of $5,000 damages, alleging that the deceased died as the result of the negligence of the defendant, Dr. Koch, of Blackduck. E. E. Mc- Donald of this city is attorney for Dr. Koch, while State Senator Peter- | son of Moorhead is council for Mrs. Johason, It had been practically decided that this case would be taken up next Monday morning. When court convened this after- noon the case of F. Pierce & Co. vs. Andrew and Clara O. Olson was called, P. J. Russell appearing for the plaintiff and G. W. Campbell for the defendent. Upon motion of Mr. Russell the case was dismissed as against Clara O. Olson. Mr. Olson’s whereabouts are not known so the case was dropped for the present. The case of J. M. Davis vs. L. T. Monson was ordered stricken from the calendar. No other attorneys were ready with their cases for trial as it had been expected that the Akerberg- |Mayo case would take several days, so court was adjourned until 9 o’clock tomorrow morning. GASS LAKE WILL HAVE STRONG BASEBALL TEAM *‘Fans” of the “‘Lake” Support an All- Home Team of Fast Players. Cass Lake, April 21.—(Special to the Pioneer.)—The baseball en- thusiasts around this part of the state are in a quandry as to what to do about an assocation this sum- mer. A man giving his name as Kelly, and who seems to be well posted onthe game, has been making a proposition to the different teams. Kelly agrees to put in a first-class team in every town, using the best local players obtainable and he furnishing in most cases .a battery. He don’t want any assistance financially. All he asks is the ball park and he will do the rest. Kelly claims to have on the string a number of outlaw players who are crackerjacks and by dividing them up he believes he can vbut in a whirl- wind team at every town. As far as Cass Lake is concerned, we don’t like the new plan. In years past each town has been represented on the diamond by al- most all-home men and the result has been more interesting than would games played under Kelly’s plan. It is believed with a Kelly battery representing every town, it would be a dandy chance for Kelly to get into the betting game. From the present outlook Cass Lake will be represented by a strictly home team, and 1t promises to be about the best that has ever represented the village. Improving Slowly. R. A. Perrault, who was injured in one of the local sawmills Saturday and taken to the St. Anthony’s hospital where it was fouund neces- sary to amputate one leg, is reported to be slowly improving but is still in a serious condition. was dismissed by| RARE TREAT PROMISED AT BRINKMAN NEXT WEEK Real Chinese Opium Pipe and “Lay- Out” on Exhibition at the Family Theater. The Ying Leo & Athon Company, the big Chinese act, which appcars at the Brinkman Family Theatre all next week, will place on display in the lobby, an entire opium smoker’s outfit, including the “pipe”, “lamp”, “yon hook”, “yon shee” and every- thing connected with an opium den. The opium pipe was secured in the celectated raid on the opiums dens in Chicago some three months ago. Although Ying Lee is a full blooded Chinese, he has never “‘hit the pipe”. It is used in their act, “The Idol’s Eye”, together with a complete set of real Chinese scenery, idols, costumes, etc., brought over with them from China. The Chinese are noted the world over for their fine works of art, and scerery used in this act is said to be beautiful in the extreme. Bobby Athon, the well known actor, plays “Stem” the “hop” friend, in the act and has received some very flattering press notices Praising his clever rendition of this difflcult character. Ying Lee is China’s representative artist, and has created no end of comment during his short stay in American, with his interesting characteristic paintings. The act is said to be entirely different from anything ever before attempted on the vaudeville stage, and if flattering press notices are any criterion, areal treatis in store for all who attend the Brinkman Family Theater next week. Judge Spooner at “The Falls.” The International Falls Echo says of a recent visit of Judge Spooner to that city: “Judge Spooner, who is here from Bemidji taking evidence in the sheriff mixup, is receiving a cordial welcome from our people, as usual, and the learned gentleman seems to enjoy heing back among his old- time friends. The Judge’s time is fully occupied these days with the business offered him, his services be- ing in demand in important cases throughout the northern part of the state. In the sheriff case, heis giving Mr. usual carefull and sideration.” intelligent con- Local news on last page. i tion the mere football of partisan and | sectional politics. Forrier’s interests his| REASONS FOR VETO OF TONNAGE TAX BILL Message of Governor Johnson fo Minnesota Legislature. The following are the detailed reasons given by Governor Johnson, in his message of yesterday wherein he vetoed the Bjorge tonnage tax measure: “First—Notwithstandlng the able and sincere labor bestowed upon it by its author, Mr. Bjorge, the bill re- mains, both in principle and adminis- trative features, a more or less un- certain and ill digested experiment, not fully understood even by its friends and intensely feared by the sections of the state to which it spe- clally applies, while in application it threatens to violate the fundamental principle of taxation, that of equality, at the same time that it fails to meet the constitutional requirement of uni- formity in taxing the same class of subjects. “Second—It is certain that the mo- ral, industrial and practical effect of the bill, if made a law at this time, will be to strike a severe blow at the development and prosperity of all the great mineral bearing . counties ot Northeastern and North Central Min- nesota, affecting alike the agricultural, manufacturing, commercial, financial and educational growth and success, as well as the settlement of all our northern lands, both public and pri- vate, and the investment of both home and foreign capital therein. “Third—The passage of the pro- posed tonnage tax measure at this time, when both its provisions and the-principle upon which it is based are so little understood and, indeed, so generally misunderstood, has plunged the whole subject of taxation under the new state constitutional amendment into a sea of political and sectional feeling and prefudice, which not only makes a just, efficlent and sclentific measure impossible of enact- ment at this time, but threatens sec- tional hatreds which may disrupt and endanger the future best development of our great commonwealth, besides making the subject of just state taxa- “Fourth—Minnesota {s achieving marked success in the assessment and taxation of iron ore lands under the present ad valorem system, so that there is no urgent and vital public need of a measure of this kind at this | iime and nothing to prevent the state | from taking ample time under the provisions of the new constitutional amendment and with the aid of the state tax commission to work out a system of taxation on a thoroughly | selentific, dispassionate and equitable hasis, devoid of political and sectional feeling and one that will commend itself to the people of Minpesota at large, regardless of section or patty, indnstry or class, for its justice and equality of principle, as well as for its efficient, carefully wrought and thor- oughly practicable administrative fea- tures.” Attention, Company K. Drill will be held this evening in the new armory, the Coliseum roller WOULD GHANGE METHOD OF SELLING STATE LAND Representative Opsahl’s Bill Passed the House, and Will Probably Pass the Senate. The following is a copy of the bill introduced in the house by Repre- sentative J. J. Opsahl and passed by that body Monday, under suspension of the rules, which providesa change in the method of selling state tim- ber and timbered land. The bill has been sent to the sen- ate and given to Senators Gunn and Hanson to pass as a beneficial measure for northern Minnesota counties, and it is expected that it will pass the senate and soon be- come a law. The bill is as follows: “A bill for an act to provide changes it selling state timber and timbered land, and better protection of the property of our school and institution funds and forests. “Be it enacted by the Legislature of the State of Minnesota. “Section 1. Hereafter when the state auditor, land commissioner and Timber Board deems it to the best interests of the state timber, they may have the lands on which such timber grows examined and ap- praised separate, as weil as the timber. “Sec. 2. And at the public tim- ber sales of state timber, these lands may be sold on regular terms at not less than their appraised price, to the purchaser of the timber, to the highest bidder at public auc- tion. Bids to be by forty acre tracts or government fractions thereof, tke land being offered at its appraised price and the timber at its appraised price. If the timber being of the mixed variety and sold otherwise than on bank scale, then the appraised price of land to be deducted from the total sale price bid and go to credit of land fund, on regular land saleterms, and the balance credited to the timber sale fund, and be paid for under such regular timber sale rules as State Auditor, Land Commissioner and Timber Board sets to safe-guard the state’s rights. “Sec. 3. Such land certificates shall be known as timber land sale certificates, and contain provisions that all timber on such tract of land, with the land is liable for taxation for local and state purposes, same as private property, from date of sale. And timber subject to levy and seizure for non-payment of taxes rink. A. E. Otto, Capt. and interest. Latest Spring Styles Men’s Suits $10.00 to $35.00 Young Men’s Suits $5 to $20 Boys’ Suits $1.50 to $10.00 Monarch Shirts Arrow for Men. Cluett Shirts Collars SHOES Women and Children. Kid Calf, Patent and Tan FLAXON the new Wash Goods, 30 in. wide, a large assortment 22c a yard 1000 odd rolls of Wall Paper at 3c a roll of patterns, W. R.” Mackenzie, the energetic secretary of the Beltrami County Agricultural association, has been in the city today from his fine farm, in the Town of Liberty, and has been making the preliminary ar- rangements for the proper care of those who will attend - the farmers’ institute and stump-removing demon- stration which will be held in Be- midji Tuesday, April 27th, under the direct supervision of A. J. Mc- Guire, superintendent of the North- east Experiment Farm at Grand Rapids. Mr. Mackenzie received printed matter from those having charge of state institutes, which make the following announcement of the com- bined institute and stump-removing demonstration: “Supt. A. J. McGuire of Grand Rapids will hold a farmer’s institute and stumping demonstration at Be- midji, Tuesday, April 27. The morn- | ing session, commencing at 10 o’clock, will be devoted to general agriculture —dairying, swine-raising, clover, and other lines of interest to this section. In the afternoon, com- mencing at 1:30, H. A. Wilson of the DuPont Powder company, will give demonstrations in the removing STUMP DEMONSTRATION AT BEMIDJI NEXT TUESDAY Superintendent A. J. McGuire Will conduct Farmers’ In- stitute, and Representative of DuPont Powder Com- pany Will Show How to Remove Stumps. of stumps with dynamite. One hun- dred pounds of dynamite will “be used in these demonstrations. Mr. Wilson will show how easy it is*to get stumps when the work is done right. He will also show the wrong way of doing the work. Any farmer can learn how todo his own dyna- miting, and clear his lauds at low cost. Arrangements will be made for furnishing dynamite to the far- mers at trade prices.” Mr.Mackenzie says that arrange- ments have been made to hold the institute in the city hail in the fore- noon, and that the demonstrations of stump removing will be given at the west end of Twelfth street. Teams have been donated to haul farmers and others attending the institute to the grounds where the demonstrations will take place, Mayor Pogue and K. Mclver giving rigs and John Moberg donating the use of his automobile; and others will also volunteer, Mr. Mackenzie being given assistance by W. L. Brooks, president. of the Bemidji Commercial club. It is expected that a large crowd will be present to attend the insti- tute and see the stump demonstra- tions. The public is invited. — “Sec. 4. The purpose of this act is to prevent Forest waste as under our present short time timber per-| mits, and give the purchaser full power and ample time to handle the timber to best advantage for him- self and the public, wpon his pay- ment of taxes, and 4 per cent inter- est from date of purchase on de- ferred land amounts and deferred timber payments if any, under bonds or other safely guarded rules adopted by the State Auditor, Land Com- missioner, and Timber Board.” HARMLESS BIRDS SHOULD NOT BE WANTONLY SLAIN Practice of Small Boys, in Killing Small Birds, Is Violation of the Game Laws. There has been an inclination in bygone years among a few boys who live in Bemidji, to wantonly destroy harmless birds, just for the pleasure of the killing, by the use of either small caliber rifles or sling-shots, and in many instances these youngsters have endangered life and limb of persons passing through the woods that surround the lake north of the city limits. While there is danger to every- one through the use of firearms by the boys, it is also a despicable act to destroy the harmless birds that are a menace to nothing and disturb no one, if anything being an added charm to this wooded country. There is a section of the stat game and fish laws which provides a penalty for the punishment of anyone convicted of killing harm- less birds, and which is as fol- lows: “Sec. 66. Harmless Birds—Any person who takes, catches, kills, ships or causes to be shipped to any person within or without this state, purchases, offers, or exposes for sale, sells, has in possession, has in possession with intention to sell, any harmless bird, either living or dead or any part thereof, in violation of the terms of section thirty-nine (39) of this chapter, shall be guilty of misdemeanor, and upon conviction ‘thereof pun- ished by a fine of not less than ten (10) nor more than twenty-five (25) dollars and costs of prosecution, or by imprisonment in the county jail for not less than thirty (30) days for each and every bird or any part thereof so caught, taken, killed, shipped or caused to be shipped ‘to any person, either within or without this state, pur- chased or sold by any one, had in Ppossession with intent to sell, offered or exposed for sale, or had in possession or under his control. This section shall not be construed to apply to the keeping or selling of parrots or song ‘birds as domestic pets.” There is also a city ordinance for- bidding the discharge of any fire- arms within the city limits, and in the prevention of the killing of the harmless birds within the city limits warden should receivethe co-operas tion of the city police, as the latter would simply be enforcing the laws of the city. The destruction of these harmless birds is a matter in which the Pio- neer would suggest that the ladies.of the Bemidji Improvement League might lend able assistance. Insurance Inspector Gives Opinion. As thereis some adverse opinion in the city about the advisability of erecting an elevated tank to be used in our waterworks improvement which provides for direct pressure for fire and tank pressure for ordin- ary use.'City Engineer Stoner asked Mr. J. B. McLeran of Duluth, the insurance inspector for this district and who fixes the rates, to express his opinion on the district presure system without a tank, or a com- bined system as contempleted by this city and the following is his reply: i “Duluath, Apirl 19. “Mr. M. D. Stoner, Bemidji, Minn. “Dear Sir:—In reply to your favor of the 18th, inst., would consider a water tank of adequate size and sufficient elevation to be a most valuable supplement to a direct pressure water system. “Yonrs very truly, “J. B. McLeran “Inspector.” Earlier Twin City Mail. Owing to the new night service which has been put on by the M. & I. and the Northern Pacific between International Falls and the twin cities, mail which formerly came from St. Paul and Minneapolis by way of Crookston and arrived here at noon now gets in Bemidji on ‘the 8:15 M. & L. train in the morning, There is no mail clerk on the night train from Brainerd to Funkley, where the clerks on the day train lay over, consequently the twin city mail, which gets here in the morn- ing, is made up by the clerks at Funkley and bears the - Funkley postmark. £ Additional local matter will be found on last page. SOCIETY. by the use of target rifles, the game.._