Bemidji Daily Pioneer Newspaper, June 2, 1909, Page 1

e THE BEMIDJI D VOLUME 7. NUMBER 38. BEMIDJI, MINNESOTA, WEDNESDAY EVENING, JUNE 2, 1909. et - - TR fl'\stofica\ gociety- MINNESOTA FORTY CENTS PER MONTH GRIND OF DISTRICT COURT S RESUMED IN EARNEST Gralgd Jury Returned Two Indictments Yesterday After- noon.—Demurrer Argued in Case of Akerberg vs. Mayo.— In district court, yesterday after- noon, the case of Mathilda Akerberg, as administratrix for Carl Akerberg, her son, deceased, vs. F. A. Mayo was taken up and Judge Stanton listened to the argument of a de- murrer, wherein E. E. McDonald of this city, attorney for the defendant demurred to the complaint of the plaintiff, alleging that the complaint did not state a cause of action. The judge at that time rendered no de- cision as to the demurrer. This case is one where Mrs. Ma- thilda Akerberg, as administratrix for Carl Akerbrrg, her son, deceased, has entered a suit for damages in the sum of $5,000, alleging that the de- fendant illegally and wrongfully compounded a prescription so as to contain or include an overdose of strychnine poisoning, resulting in the death of Carl Akerberg in September, 1907, and further alleg- ing that the defendant was not a a duly licensed pharmacist at the time the powders were put up. Judge Stanton rendered a divorce in the case of Stanley Likwar vs. Tracy Likwar, his wife, wherein the plaintiff charged desertion. Both par- ties formerly lived at Farley, but are now residing here, Mr. Likwar being employed in one of the local mills. The plaintiff was represented by P. J. Russell. Judge Stanton also granted a divorce to the plaintiff in the case of Lucy McArthur vs. John Mec- Arthur of this city, wherein the defendant was charged with cruel and inhuman treatment. C. W. Scrutchin was attorney for Mrs. McArthur. At 4:45 yesterday afternoon, the grand jury filed into the court room and made report, through its fore- man, E. O. Estenson, and handed two indictments to Judge Stanton, afterwards retiring for further de- liberation. One of the indictments was against Oscar Peterson, who was charged with selling liquor to a person of Indian blood. The other indictment was against Matt Collivan, charged with burglary in the third degree. Both Peterson and Collivan were brought into court and the indict- ments read to them. The indictment against Peterson charges, specifically, that he had on May 22, 1909, sold a quart of alcohol to an Indian in the city of Bemidji and that he was not at that time, a licensed pharmacist; in fact, it is charged that he bought the liquor at asaloon, having it put into a -Damage Case on Today. bottle and later sold it to an Indian on the stieet. Peterson claimed . he had no money; that his home was in Minne- apolis but that he had been here since last fall working at difierent occupations. Judge Stanton appointed F. A. Jackson as attorney for Peterson, provided Jackson would act in the case, and Peterson was given twenty- four hours in which to consult his attorney and make his final plea to the indictment. Matt Collivan, indicted for burg- lary in the third degree, was charged with having, on April 2, broken into the tool house of the Great North- ern railway in Bemidji and stolen certain tools. Collivan pleaded not guilty to the indictment. He stated that he lived wherever he worked, and had no particular home; that he had been working around this country for the past seven or eight years. Asked if he had an attorney said he had not but de- sired C. W. Scrutchin cnd Judge Stanton ordered Sheriff Hazen to notify Mr. Scrutchin of Collivan’s | wish and that Mr. Scrutchin would be appointed as attorney, if he de- sired to act in the case. Court was opened this morning at 9 o’clock, when the special venire for twelve petit jurors was returned and filed. The following persons answered to their names: Herman Eickstad, Peter Nelson, Nels J. Hendrickson, Andrew | Lysaker, Axel Asp, George H. Ten- | Eyck, Hans Thorson, James Burns, W. C. Patterson, Carl Wallin, Rex Werner and Charles Miller. On roll-call of the regular jurors the following persons answered: John D. Lunn, Knute Strand, J. E. Drury, G. Swedberg, James Per-|. kins, John Gravling, Gunder Moi, B. H. Major, A. Collett, A. Edwards, Joseph Williams, August Peterson and O. E. Hoff. The first case taken up this morning was that of Jacob L. Brown vs. the Douglas Lumber com- pany, et al, E. E. McDonald, C. W. Scrutchin and J. L. Brown appear- ing as attorneys for the plaintiff. M. A. Spooner and Gibbons & Torrance (represented by G. M. Torrance) appeared for the defend- ant. This is a case wherein Jacob L Brown has instituted actien for damages in the sum of $5,000, against T. W. Bell, the contractor, and is including in the case as parties to the suit the Douglass f 5 Don Borrow Money - But if you must, come and see us. Don’t Carry Large Sums of Money But if you must, do so only until you can see us. We combine absolute safety with satisfactory service. Give particular attention to the business of farmers. Invite new accounts and new business upon our own merits for strength and superior facilities. A strong bank can afford liberal treatment to its patrons. Our past policy and ample resources are our guarantee for the future. WE WANT YOUR BUSINESS The First National Bank of Bemidiji Lumber company. Brown claims to have sustained injuries while working in the Douglass Lumber company’s mill on April 25, 1907, The entire forenoon was spent in examining jurors to secure a jury to try this case, “The Power of Love.” Raymond Bell’s modern comedy- drama “The Power of Love,” is said to be in a distinct dramatic class of its own. The situations are taken from real life, some of the action having really taken place at the time of the Denver Boom and the discovery of the Blooming Daisy lode. The author pieced these occur- rences together in such a way as to make 2 neat, interesting play and liberally added comedy to give it vim and cheerfulness. The story is of an old farmer and his wife and daughter. The wife, being a kind and loving mother and desirous of living a quite life, is satisfied with her hum- ble home in the suburbs,- but the aquiring of unexpected wealth drives the father money-mad and he forces his wife and daughter to go New York and mingle in society. Their many experiences and em- barrassing situations afford excellent material for good acting, and Ray- mond Bell and his company kave proven themselves capable artists, as this is their third successful season. Mr. Bell will be seen in “The Power of Love” at the City Opera House, Saturday, June Sth. The Opera House orchestra, under the direction of Prof. Harry Masten, will furnish high-class, up-to-date music, the night of the play. BOND PURGHASERS WANT A LOT OF INFORMATION | Representative of Company Which Pur- chased County Bonds Writes Interesting Letier. County Auditor Wilmann has re- ceived a request from H. W. Matti- son, the representative of the Secur- ity Trust company of St. Paul, in which the auditor is requested by Mr. Mattison to furnish a lot of data concerning the county, which is claimed as being necessary for the company to have in connection with its purchase of the $195,000 bonds which will be issued by Bel- trami county for the purpose of taking up all outstanding warrants of the county. In addition to a considerable number of facts already furnished the St. Paul company, Mr. Mattison requires the following: “Certificate from the county audi- tor, giving the name of officers and members of the county board; copies the county board; detail list of warrants proposed to be funded by the new bond issue showing their dates, amounts, number and pur- poses for which issued; the assessed valuation of all taxable property in the county, and the total outstand- ing indebtedness of the county in each of the years in which these warrants were issued; certified finan- cial statement brought down to date as to the indebetedness of the county; certified statement of the county’s population as shown by the last census; certified statement of what official is charged with keeping the accounts of the county; certificate of the county auditor, setting forth a copy of notice of meeting of the board for May 4th, jand proof of service on each com- missioner, at least ten days before the meeting; certified publisher’s affidavit of the publishing of the record of proceedings of the board at the meeting of May 4th and 5th; publishers’ affidavit of publication of bond sale advertisement in the Pioneer, showing date of publication and attaching newspaper copy; certi- fied list of all bids received.” A meeting of the county board will be held on Thursday for the purpose of attending to the final detail of the issuing of bonds, at which time it is expected there will be no hitch in the final arrangements when the money derived from' the sale of bonds will be forthcoming immediately. | both sides of Fifth | midjiavenue toIrving avenue;on both of all rules and by-laws adopted by | COUNGIL VOTES T0 MAKE IMPROVEMENT At Last Night's Meeting, Much Cement Sidewalk Was Ordered to Be Constructed. A. A. ANDREWS NAMED TO ACT AS TEMPORARY CITY ATTORNEY Council *“Deadlock” in Attempt to Name Alderman to Fill Vacancy in" Second Ward. At the session of the city council keld last evening that body decided that the city should make a num- ber of improvements for the coming year and in accordance with that resolution ordered the following sidewalks built: In Mill Park, a five-foot walk on both sides of the streets from the railroad tracks east to the city limits. They also ordered all gaps filled in on Bemidji avenue from Seventh street to Twelfth street; on the north side of Tenth street. from Irving avenue to Lake Boulevard and on the south side of Tenth street from Beltrami avenue to Lake Boulevard; on Ninth street from Minnesota avenue to Lake Boulevard; on Eighth street from America avenue to Lake Boulevard; on Bel- trami avenue all gaps to Twelfth street; on Minnesota avenue all gaps from Seventh street to Twelfth street; on the east side of America avenue from the Great Northern depot to Eleventh street and on the west side of America avenue from Third street to Seventh street; on the west side of Irving from Sixth street to Fourteenth street; on the north side of Seventh street from Americaavenue to Bemidji avenue; on street from Be- sides of Sixth street from Bemidjj avenue to Irving avenue; on both sides of Fourth street from Irving avenue to Park avenue, on the west street to Railroad street. A communication was read from City Attorney Gibbons appointing A. A. Andrews as assistant city at- torney to act during his absence, which was approved. The sewer committee made re- port recommending that sewer be built from the present terminal of the sewer in the alley on America and Third street along America avenue to the northside of Sixth street, there to terminate. The mayor’s veto of the council’s action in leasing the skating rink asan armory was taken under con- sideration and discussed at length, and upon motion final action as to the vetoing of the contract was postponed one week, and a com- mittee, consisting of Councilmen Gould, Johnson and Kirk, was ap- pointed to confer with Assistant At- torney General L. A. Smith as to the legality of the action of the council in leasing the rink. The report of the sinking fund commission was laid on the table one week, for further investigation. The election of an alderman for the Second ward, to fill the vacancy caused by the resignation of W. C. Klein, resulted in a tie, four ballots being taken, S. C. Bailey -receiving four votesand A. A. Melges four, and the election of an alderman was passed until the next meet- ing. The petition of S. P. Hayth, asking for permission to build a frame barn in block sixteen, was referred to the building committee. LODGED IN GOUNTY JAIL GHARGED WITH BURGLARY Jess Payne Is Charged With Having Robbed a Saloon Money Drawer at Baudette. Jess Payne was brought to this city this morning from Baudette in custody of John Dundas, mar- shal of Spooner, and is being held in the county jail here to await the action of the grand jury on the charge of burglary in the third de- gree. Payne was given a hearing on May 28 before Justice Kyler at side of Bemidji avenue from First|Spooner when the evidence given against Payne was of such a'sub- stantial character that he was held CELEBRATION Committee in Charge of Bem Deferring to the wishes of a majority of the merchants and busi- ness men of the city, the executive committee having in charge the Fourth of July celebration in Be- midji last evening decided to change the date of the celebration from Saturday, July 3rd, as originally agreed upon at the mass meeting held last week, to Monday, July 5th. In making this change in the original plans, many reasons were advanced, the principle one of which was that Saturday is always a busy day in Bemidji and a cele- bration on that day of the week would greatly conflict with the transaction of the regular business affairs of the merchants, and the celebration could just as well be held on Monday following the Fourth, which was the day that was being generally celebted by other towns throughout the Northwest as celebration day. The soliciting committee has done but little, as yet,but it is known that there willbe no trouble in getting penses of a conservative celebration; and the soliciting committee( Messrs. John Larson, J. P. Pogue, John Moberg and Tim Quinn) were given another week for additional time in which to solicit funds, they to report at a meeting which will be beld Tues- day evening of next week. The following committee was ap- pointed on sports, the members to have full charge of the program of the desired sum to defray the ex-| TO BE HELD ON MONDAY JULY FIFTH idji’s Observance of Nation’s Natal Day Defers to Request of Local Business Men Changing Celebration from July 3. F.S. Lycan, ]J. P. Pogue, Palmer, A. G. Rutledge and John Moberg. Tne committee will report at the meeting next Tues- day. There was an informal discussion of what to put on in the way of sports, and it was decided that small sports and games for suitable prizes should be arranged, with an auto- mobile race, boat races, baseball game, horse races and other pastimes, the program to be of such generous proportions as to fill the entire day, the program to conclude with a big ball in the evening. As it is possible that several of the nearby towns will rot celebrate the Fourth of July, the committee of the local celebration will extend cordial invitations to the presidents of the councils and the commercial clubs to come to Bemidji and assist in a proper observance of the day. Several towns have already signified their intention of coming to Bemidji to give vent to their enthusiam. It has not yet been decided what baseball team will be brought to Bemidji to play on the Fourth, but the management will probably arrange with some strong club to play here on both the Fourth and the Fifth of July, this giving two games of good ball. It is expected that the entire program will be completed before the meeting is held on Tuesday evening of next week, when the events will be announced. to the grand jury and remanded to the custody of the constable. It is alleged that Payne forced an entrance to 2 saloon building belonging to Joseph Thiebault at Ba.udette and abstracted $10.00 from the “till” of the saloon. He was subsequently arrested and is now an inmate of the county jail. Local news on last page. ToDetroit and Return $12.00. Via the South Shore in connection with steamers of the Detroit & Cleveland Navigation Co. Leaving ;Duluth June 8th, 11th, 16th and 18th. Return limit three weeks. Toledo $12.50; Cleveland $13.50; ; Buffalo $14.00. For particulars and reservation write A. J. Perrin, Duluth, Minn. patterns, a yard . ly soiled) at about Suits. — GOING OUT OF BUSINESS Special Bargains for This Week 5000 yds. Apron Gmghams, remnants, a yard . 1 case best Prints, 9¢C assorted 5 C 20 dozen Muslin Underwear (slight- Half Price Men’s 1 lot Ladies’ White Shirt Waists at 1 lot Towels each . ....... 1 lot Towels each . A 1 lot Men s 50c Workmg Shirts, each . Suits We have received the balance of our spring shipment of Men’s You can buy the latest styles at sale prices. O’Leary & Bowser * Half Price 9C 9c¢ 39c