Bemidji Daily Pioneer Newspaper, September 6, 1909, Page 1

THE BEMIDJI D Y PIONEER. —_— MINNESOTA HISTORICAL | SOCIETY, i s VOLUME 7. NUMBER 119. BEMIDJI, MINNESOTA, MONDAY EVENING, SEPTEMBER 6, 1909. FORTY CENTS PER MONTH. DEMURRER ARGUED IN CASE AGAINST CLEARWATER CO. Beltrami County Seeking to Recover Some $30,000 Claimed to Be Due at Time Clearwater-County Was Constructed, in 1902, A demurrer was argued Saturday, before Judge Stanton, in the district court, in the case of Beltrami county vs. Clearwater county, wherein Bel- trami county seeksto recover $30,000 claimed to be due as a portion of the indebtedness which Clearwater should assume as its share at the time the territory which is now Clearwater county was taken from Beltrami county and organized as an independent county. This case is an action brought for contribution (and is so admitted by the plaintiff in its brief) to recover approximately $30,000, the plantiff alleging in the complaint that about $175,000 was the indebtedness of old Beltrami county at the time Clearwater county was constructed, in 1902, An action was commenced by Beltrami county to recover what was claimed as an approximate share of the liability of Clearwater county of the balance of the floating and bonded indebtedness of Beltrami county, after deducting the value of Beltrami county property, which Beltrami county retained at the time Clearwater county was constructed. Thecounty property was appraised by appraisers appointed by Gover- nor Johnson, who returned the value of the property at approximately $80,000, and the complaint alleges that Beltrami county had taken up $65,000 of the indebtedness. Inthe action now pending Bel- trami county seeks to recover from Clearwater county its proportionate share of the whole of the said indebt- edness, after deducting the value of the county property. The complaint of the plaintiff was demurred to by the attorney for Clearwater county, the principal point raised being that Beltrami county is not entitled to maintain this kind of an action (one of con- tribution),but that its remedy should be by way of mandamus proceedings. Another point raised is that, even conceding that Beltrami county has the right to maintain an action for contribution, yet the county has al- ready received in value $80,000, be- ing the county property as appraised, and has only advanced $65,000, so that Beltrami county isnot in a position to reclaim for what it has not already advanced. In arguing against the demurrer, County Attorney McKusick con- tended that while mandamus pro- ceedings was the proper”remedy in this case, yet the remedy resorted to in the present complaint is also pro- per. Judge Stanton took the matter under advisement, announcing that he would render a decision later, after carefully going over the matter. Chester McKusick, county attor- ney for Beltrami county, represented Beltrami county, and submitted the brief for Beltrami county. Oscar T. Stenvick, county attorney of Clearwater county, represented Clearwater county. Judge Spooner was retained as counsel for Clearwater county; this action being authorized at a meeting of the board of county commissioners of that county, which was bheld recently. Judge Spooner prepared the brief in the case for Clearwater county and submitted the argument. This action against Clearwater county was first brought onOct. 13th, 1908,by Henry Funkley,who wasthen county attorney of Beltrami county, the complaint being served on that date. A demurrer was imposed to the complaint and a change of venue was taken to Clearwater county. As far as Beltrami county was con- cerned, the case was allowed to rest inthat stage until Chester McKusick, uow county attorney, noticed the arguement of the present motion. Co. K. to Give Ball. The members of Company K. M. N. G, will give a ballat the Third Regiment Armory (formerly the Coliseum) next Wednesday evening, when an attempt will be made to make the affair the most memorable ball in the history of the many brilliant functions which the soldier boys have given. The ball will be in the nature of an “opening ball,” in commemora- tion of the furnishing of the armory by the city, and will no doubt be well attended. Local news on last page. Will Welcome Suggestions. The citizens' committee which was appointed at the mass meeting Tuesday evening will welcome any suggestions that any citizen or tax- payers may give them to aid them in their investigations relative to and what the same should contain when it is finally . acted upon by the city council. Communications may be address- ed to W. G. Schroeder, City. 1909 diaries at the Pioneer office at half-price. UNLA ance of the profession is invite your business. IF IGNORANCE OF THE PROFESSION WAS WFUL banks would be more careful in taking the busi- business of others intrusted to them. Hs ignor- not unlawful, the public should be especially careful that their business is intrusted to a bank officered by individuals, not only well versed in the profession, but also with long years of experience. A bank with ample capital and surplus—a prosperous, progressive bank. We offer you such service and cordially The First National Bank of Bemidji DEFECTIVE PAGE the proposed electric light franchise |/ DR. FREDERICK A. COOK, AMERICAN EXPLORER WHO PLANTED THE STARS AND STRIPES AT THE NORTH POLE. Dr. Frederick A. Cook, the American explorer who discovered the north pole, got his first arctic experience with Robert E. Peary, that other intrepid American who is now somewhere in the arctics battling with the ice and snow on a similar undertaking. Dr. Cook went with Peary on the polar expedition of 1891-2 as surgeon. He devised a route then by which he was cornvinced the goal could be reached, and in tle Years that Intefvened between his first and last arctic expeditions he never ceased to study the problem. several attempts and went as surgeon with the Danish expedition to the antarctic seas. he undertook his second arctic expedition, which was destined to be crowned with success. He conquered Mount McKlnley, In Alaska, after It was on July 4, 1907, that John R. Bradley, a wenlthy New York hunter of big game, fitted out a fishing schooner and weat with Pr. Cook to the polar regions to hunt. They intended to steal a march on Peary and went quietly about their preparations. The hunt over, Brad- ley returned to New York, and Dr. Cook started for the pole accompanied by a company of Eskimos. Qopenbagen, Sept. 8.—Dr. Frederick &:}(, the American explorer, re- \ to clvitization from his dis- ¢ovéry of the North pole, came Into mnnlugw harbor on board the sheame; Mans Bgede from Greenland. | Pr. Qook stood on the bridge of the s figede, Woaring a shapby brown 4 had been loamed to him by seaman. On his head was a dis- le old cap apd his feet were leather mocassins. His blonde Haty was long and shaggy and his stache rough and straggling. His on was sallow, bt his face 'was full. Ho was a strange figure for 18 center of such a brilliant scene as grested his retura to ctvilization. Orowp Prince Christian of Den- mark, Manupico Egan, the American minister; the Danish minister of com- ROUTE TAKEN BY DR. COOK. Reroe and committées representing lous public bodies boarded the Hens Bgede and welcomed Dr. Cook fn the name of the nation and the . Dr. Cook was escorted ashore M Prince Christlan. The explorer was cheered by great wds. An immense throng followed ugh the streets to the Meteorolog- ;-’f Institute, where he made a brief '#peech. _ Stars and Stripes at Pole. Dr. Cook sald he left at the North pole gn Amerioan flag and a box con- taining documents, including a brief @ocount of his trip and certain obser- [vations and datg to bear out his claim, Continuing, he declared with great em- phasis: “I have been to the North pole and 1 have brought back the most exact observations, absolutely proving my || gtatement. I have kept a diary fhroughout my entire expedition, in Which I recorded the most minute de- tails. “It was not my intention at the start ‘\q‘ proceed to the pole; I was merely off an Arotle excursion. But as I found \sonditions favorable I eontinued on my way to the pole. I discovered two Bherto ynknown islands. DR, COOK LANDS AT COPENHAGEN Explorer Given Royal Wel- come by Danes, FURTHER DISCUSSES TRIP Deolares He Has Brought Back the Most Observations, Abso- lutely Proving His Claim of Reach- ing the Pole—Crewn Prince Wel- oomes’ Amerioan in the Name of the Nation and King Frederick Receives Him In Private Audience. Exact "W piissed the depots which previ- ouely had been established, but we éame accidentally upon one of Mel- ville’s depots, where we found pro- latons ond instruments in an excel: I state of preservation. t wing to the smallness of my ex- ipedition our requirements were not ‘Egv For the same reason we were \gble to proceed quickly. On some days we covered as high as twelve miles, which is an extraordinary speed. “As I approached the pole the Hski. M08 with me were utterly scared at the meteorological conditions. Three Days Without Food. “On the return trip our provisions became entirely exhausted. No ani- imal life was visible and for three days we had nothing to eat. Then in a 'e¥evice of the ice we caught sight ot soveral walruses. I had only a fow ocartridges left. I crept along the ice on my stomach, approaching the ani- mals slowly so as not to scare them. 1 expended all my cartridges and as & result secured two of the walruses. Our lives were saved. “We then broke up our only sledge and made bows and arrows of the |wood, as do the Eskimos, and we se- leured game with these arms. ' “Again, near Cape York, we were virtually on the point of starvation when we found a young seal sleeping on the ice. 1 “At Cape York itselt we found teaces of musk oxen, which we itegeked and killed. . “Prom Upernavik to Egedosminde I \seffed on tho same ship that carried ithe MacClintock and Franklin relfef expaditions.” After spending a fow minutes at the rooms of the Geographical soeiety Dr. Cook was driven through the crowded streets to the Phoenix hotel, where he will be the guest of the Geographical Soclety. The hallways of the hotel ‘were decorated with American flags and masses of flowers. Johan: Han- sen, the minister of commerce, and a committee of the Geographical society £ave a reception to Dr. Cook at the Lers of the reception com- ew and were succeeded by a numerous delegation of tailors, bootmakers and barbe The ex- plover placed himself in their hands and several tradesmen were at work on him at tle same time. At the cnd of an hour Dr. Cook emerged with his hair neatly trimmed, his moustache cropped close and in a new suit, hat and boots. He then went to the American legation and had luncheon with Minister Egan. Received by King Frederick. Following the luncheon Dr. Cook proceeded to the palace, where he was reccived in private audience by King Frederick. The queen and her three daughte: Princesges Ingeborg, Thyra and Dagmar, were present. Dr. Cook was presented to his ma- mittee with jesty by rice F. Egan, the Amer- ican minister. King derick asked Dr. Cook many questions and drew cut a long account of the expedition. Later in the afternoon Dr. Cook received the newspaper corl ondents and an swered all their questions fully. Commodore Hovgaard, the comman- der of the 1 t and one of the foremost of Denmark’s Arctic ex- FRE. ERICK VIIL plorers, bad an opportunity to exam- ine Dr. Cook’s journals. Later he said: “I noticed certain discrepancies and inaccuracies in the newspaper reports of the expedition, but a long conversa- tion with Dr. Cook soon convinced me his statements were absolutely rell- able. His replies to my questions were clear and precise and left no doubt in my mind. “I did not have sufficient time to read the diary, but from my brief in- spection thereof I obtalned the firm impression that the docfor's clalm of having reached the North pole is cor- rect.” Additional local matter on last page. PAUL FOURNIER HAS BEEN GRANTED A CHANGE VENUE Judge McClenahan Will Re-Try the Case Wherein Four- nier Is Charged With Murder of N. 0. Dahl.— Trial at Brainerd, in December. Judge McClenahan has granted a change of venue in the case of the State of Minnesota vs. Paul Fournier, charged with murdering N, O. Dahl, in Beltrami county, and to whom a new tri2l was recently granted by the supreme court. A communica- tion was received from Judge McClenahan Saturday night, wherein he grants the change of venue from Beltrami county to Crow Wing county; and it is althogether pro- bable that Fournier will be given his second trial at Braiverd during| the term of district court fpr Crow Wing county which will begin on the first Tuesday in December, and over which Judge McClenahan will preside. The arguments for the change of venue were heard last Tuesday at Brainerd, when C. W. Scrutchin of Bemidji, attorney for Fournier, presented several affidavits to the effect that the former trials of both Fournier and Wesley (the latter con- victed jointly with Fournier, had been so tho ouchly discussed in the Bemidji press and on the streets of Bemidji and elsewhere throughout Beltrami county that a fair and im- partial retrial of the case in Bel- trami county could not be had. This contention on the part of Fournier’s attorney was opposed by County At- torney McKusick; and Judge Mc- Clenaban took the matter under advisement. The judge rendered his decision Saturday, and in his “memo” ac- companying the decision says: “The serious nature of the charge against the defendant, the publicity given the case, particularly in the county where it is now pending, the interest it has attracted and the discussion it has engendered, to- gether with its entire history, includ- ing the first trial and the review thereof in the supreme court, all lead me to the conclusion, after careful consideration, that another trial of the case should not be had in its local environment. In selecting the place for another trial I have not overlooked the suggestions of council thatif a change of venue should be granted a point should be selected at a considerable distance from original venue.” The killing of N. O. Dahl and his daughter Aagot (which crime was committed at Quiring, this county, in the spring of 1904) was one of the most cold-blooded and bratal murders in the history of crime in Minnesota. Mr. Dahl and his daughter, who were residents of Crookston, lived on claims near Quiring; the old gentleman later proved up and lived with his daughter on her claim. They were missed from their home and were not found for several months, when the body of Mr. Dakl was discovered buried under the roots of a giant pine tree. The body of the girl was later found, concealed in an unfrequented spot in a marshy meadow, where her brutal murderer or murderers had left her remains to the prey of the ele- ments and wild beasts. Several parties were arrested in connection with the murder, includ- Paul Fournier and “Shorty” Wesley, but all were subsequently released because of insufficient evidence to connect them with the murder of the Dahl’s. During the winter of 1907, both Fournier and Wesley were again apprehended and tried on the charge of killing N. O. Dahl. They were given long trials and were both con- victed and sentenced to life impris- onment at Stillwater. At the trial of Wesley, Fred Foote, an inmate of the state prison at Stillwater, gave damaging testimony against Wesley, claiming the latter had confessed to him that he (Wes- ley) and Fournier had killed the Dahl’s, and the confession stood, despite efforts to discredit Foote’s word. At the trial of Fournier, Owen Fournier, a brother of Paul, testified to an alleged confession which Paul had made to him and his wife, in which Paul had said that “they were trying to make a desperado out of him; yes, he killed the Dahl’s, and he would kill some more people in that vicinity.” Mrs. Fournier corrorborated the testimony of her husband. The defense tried to discredit this testimony, by showing that there was ill feeling at the time of the trial between the brothers; but the jury returned their verdict of guilty principally on this evidence. Owen Fournier has died since the conclusion of the trial which de- prived Paul of his libe rty and made him an inmate of the state peniten- tiary; and some question has been raised as to whether the testimony given by Owen during the first trial can be used in the forthcoming new trial. The authorities say that the alleged confession, as testified to by Owen Fournier in his life time, can be given by the court reporter who took the notes in the case; and it will be undoubtedly again be used. While an effort is being made to free Paul Fournier of the charge of having killed N. O. Dahl, James Wesley (“Shorty”) is working in the twine department at the state “pen” in Stillwater, serving his term of life imprisonment as an associate of Fournier in the murder. No one apparently takes an interest in his welfare and he will probably end his days behind the bars. Should Fournier be possibly cleared of the charge on which he was once convicted, he will be sub- ject to trial under another indict- ment, which was returned against both he and Wesley, that of hav- ing killed Aagot Dahl. E. N. FRENCH CITY DRUG STORE E. N. FRENCH & CO. R. F. PEPPLE Drugs, Toilet Arficles and Preparations, Patent Medicines, Cigars, Perfumes, Etc. | PRESCRIPTIONS A SPECIALTY 118 'No BEMIDJI'S PILSENER BEER “BEER THAT BRINGS A SMILE”’ is a bumper of joy. It is'good and tastes fine. It comes to your table laden with strength, pleasure and absolute satis- faction. Bemidji Brewing Co. w Another €mile - What is life if we cannot enjoy it? Let usbe happy; let us be friendly, Every glass of || Telephone 238 Bemidji. Minn. "[