Bemidji Daily Pioneer Newspaper, September 20, 1909, Page 1

vo AN MINNESOTA | HISTORICAL | { X ]EJ{][(:)JEiJEIEI:IEI:l;{hfiififfi*- VOLUME 7. NUMBER 131. BEMIDJI, MINNESOTA, MONDAY EVENING, SEPTEMBER 20, 1909. DEMURRER IN CLEARWATER CASE SUSTAINED BY COURT Contention of Judge Spooner, Atterney for Clearwater County, Sustained, in Case Instituted by Beltrami County.—Decision Judge C. W. Stanton has filed an order sustaining the demurrer of CicZtwater county in the case of Beltrami county, seeks to county vs. Clearwater wherein Beltrami county recover appromixately | $30,000 from Clearwater county, which is claimed to be due as the portion of the indebtedness which Clearwater county 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. The demurrer was interposed by Judge M. A. Spooner on behalf of Clearwater county on the ground that Beltrami county is not entitled to maintain this kind of an action, but that its remedy should be that of mandamus one of contribution, proceedings. One point raised was that, even conceeding that Beltrami county has already received in value $80,000, being the value of the county property as appraised, and has only advanced $65,000, so that Beltrami county is not in a position to re- claim for what it has not already advanced. In arguing against the demurrer, County Attorney McKusick, for Beltrami county, contended that while mandamus proceedings was the proper remedy in this case, yet the remedy resorted to in the present complaint is also proper. ¢ In granting the demurrer, Judge Stanton gave leave to the plaintiff to amend the complaint within twenty. days. County Attorney McKusick stated today that he would serve notice of appeal tothe supreme court from Judge Stanton’s order sustaining the demurrer to the complaint, so that the matter will undoubtedly be before the supreme court at the next term. Judge M. A. Spooner of this city prepared the brief in the case of Clearwater county and submitted Will Be Appealed. The Order, “State of Minnesota, “County of Clearwater. } “In District Court, “Fifteenth Judicial District. “County of Beltrami, Plaintiff, vs. “County of Clearwater, Defendant. “The above entitled action having been brought to trial on the issue of law joined herein, after hearing Messrs. O. T. Sten- vick, M. A. Spooner and M. J. Brown in support of the demurrer, and Chester Mc- Kusick, attorney for the plaintiff, in opposition, and carefully considering the issue involved, “It is ordered, that* said demurrer be and the same is hereby sustained and that judgment be entered for the defend- ant thereon; but with leave to the plain- tiff to amend the complaint within twenty days. “September 16th, 1909. “C. W. Stanton, “District Judge." “Mem. “The demurrer herein raises three grounds of objection to the complaint,— (1) that plaintiff has no legal capacity to sue; (2) that there is a defect of parties plaintiff; and (3) that the facts stated do not constitute a cause of action. I am unable to detect merit in either the first or second ground stated, and in view of the fact that neither was especially urged by counsel, I will pass to the considera- tion of the contention ‘that the facts stated do not constitute a cause of action.” “The complaint presents tbese mater- ial allegations, which, under the demurrer, are admitted to be true, namely: That on or about the 15th day of November, 1902, pursuant to proceedings theretofore duly had, and under express statutory authority, the Governor of the State of Minnesota issued his proclamation de- claring the creation of the County of Clearwater from a portion of the territory theretofore comprised in the County of Beltrami; that the total indebtedness of Beltrami county on that date was $175,- 204.58, of which sum $53,204.58 was floating indebtedness represented by out- standing warrants, and $122,000.00 was bonded indebtedness; that Beltrami county then had in its sinking fund $9,469.83; that the county bnildings which remained in the parent county of Beltrami were duly appraised, as provided by statute, jat the value of $70,756.64; that the property valuation of said counties at that time, as shown by the last general assessment, was, Beltrami county $3,- 707,041.00 and Clearwater county $1,- 250,580.00. The complaint further the argument for the demurrer. [Continued on Page 8] every day. When teas and coffees are thought of we want to request that you give order of the quantity you have been using—give us an opportunity to demonstrate to your complete satisfaction the superiority of ours over anything you have ever used. prove it. . time, patience and flour. most delicious flavor. Telephone 207 ROE & MARKUSEN'S EDITORIAL No breakfast is complete, no matter how well it is prepared, no matter how daintily it is served, or how great your appetite may be, unless you have included our **Gold Medal Coffee.” very best brand for 30c and comes in one pound cans. We have cheaper coffees, and among those we would call your attention to our 25¢ Winner brand. That brand of coffee is giving us new customers Not because we say so or because we sell them, but because the goods are superior and they can Now a few words about our bread:" The uncer- tainties of home bread baking are a waste of money; terrors, if you will only use “Gold Coin Bread.” Equal to the best home made, and better than most, it is held in the highest esteem by all lovers of good bread. Sweet, white, nutritious, wholesome, and of Yours very truly, ROE & MARKUSEN The Reliable G-ocers This is our us an order for a small Baking day loses all its Bemidji, Minnesota Rochester, Sept. 20.—9:45a m —(Special to Bemidji Daily Pio- neer.)—A slight change is shown in the condition of Governor John- son this morning. He rested con- siderably during the night, having slept two and a half hours since midnight. Impression, this morn- ing is that the governor will pull through, Rochester, Minn., Sept. 20.—1:30 p. m.—(Special to Pioneer.)—Gov- ernor Johnson passed the five-day crisis at 11 o’clock this forenoon, and his physicians say he has about an even chance for recovery. His inability to retain anything but water, causes some uneasiness. The last bulletin gives the pulse 102, temperature 99, and respiration 32. Dr. McNevin explained that the high respiration is due to the dis- tention caused by gas. Itis, of course, a symptom that causes some anxiety, but it is not necessarily grave. Dr. Charles H. Mayo called at the governor’s room and after leav- ing expressed the opinion that the governor was somewhat better. None of the physicians, however, feel that Governor Johnson is yet out of grave danger. FORTY CENTS PER MONTH. THE GOVERNOR IS FAILING SOME; CONDITION IS GRAVE Rochester, Minn., Sept. 20.—5:30 p. m.—(Special to Pioneer.)—At 3:15 this after- noon, Dr. McNevin declared Governor Jonhson’s condition very grave. PFrogressive weakness is the latest cause for alarm. FAIR OPENS TOMORROW FOR KOOCHICHING GOUNTY Northome Folks Have Prepared Fine Program.—Gun Club Tourna- memt One of Features. The annual fair of the Koochi- ching County Agricultural associa- tion will be held at Northome tomor- row and Wednesday: and the good folks of Northome have prepared a fine program for the entertainment of the guests who will be within their gates. There will be a band contest, and Prof. Harry Masten, George Kinnev and C. H. Bye of the Bemidji band have been engaged to play with the Northome band, which insures some first-class “‘noise” as far as the local musicians are concerned. Judge Stanton of this city had been asked to speak at the fair, on Wednesday, but informs the Pioneer that it will be out of the question for him to go, as several motions have been set for argument before him, in this city that day. A feature of the fair will be a shoot conducted by the Northome Gun Club. The shooting will begin at 1 o’clock p. m. on Tuesday, the 21st inst, and the following are the events for that afternoon: Four eveats, of fifteen birds each, entranse fee, $1.50 in each, with §5 added money in each. One event of twenty birds, en- trance fee, $2; added money, $7.50. Wednesday forenoon, September 22.— Four events, fifteen birds each, entrance fee, $1.50; added money $5, in each event. ) . One event, twenty birds, entrance fee $2, added money, $7,50. Afternoon, September 22,— Three events, fifteen birds each, entrance fee, $1.50; added money, $5, in each event, One event, twenty birds, entrance fee, $2; added money, $7.50. One eveut, twenty-five birds, en- trance fee, $2.50; added money $15. For the high average made dur- ing the tournament the club offers the following: < First, $10; second, $8; third, $7; fourth, $6; fifth,$5; sixth, $4; seventh, $3; eighth, $2; ninth, $2 and tenth 2. A prize of $5 will be given to any participant in the tournament who has the lowest average, ‘The tournament will be given under the auspices of the Northome Gun Club, which has adopted the following “general information” as the rules which will govern the tournament?** “Division of money: 20, 25, 25 and 30 per cenf. “Shoot rain or shine, “Blue rock targets, Leggette trap. “Two cents per target will be de- ducted from entrance money. “American association rules will govern. “Watch the score sheet and see if correctly scored. “No score will be changed after contestant leaves trap. “Standard factory loaded shells for sale on grounds. “Make your entry for entire shoot in advance, and if you do not shoot through your money will be refunded. “Broken birds shot at will be ‘no bird.” “Thisis a shoot for amateurs. ““Manufacturer’s agents shoot for targets only. *“You must shoot in all events to be entitled to averages.” The Northome Gun Club is a strong organization, C. W. Speelman being president; Percy Scribner, secretary and treasurer: L P. Crom- bie, field captain. The following is a summarized program of the fair: Tuesday—Forenoon — Music by Northome band, and opening of fair by Aad A. Tone; reception of visitors; and entries close. Afternoon—Shooting tournament begins; music by band; judging of exhibits begins; boys’ 100-yard foot race; girls’ 50-yard foot race; ine dustrial contest at school house; music by band; men’s 100-yard foot race; horse race. Wednesday—Forenoon—Shooting tournament continues; band contest begins; clowns’ costume race; boys’ sack race. Afternoon—Band contest con- tinues; procession to grand stand; auction of farm products; music, bands; handball game, picked teams. Evening — Music, salutes from 5 1909 diaries at the Pioneer office winning bands; dance at City Hall.4 “OLE OLSON” WILL BE GIVEN HERE TONIGHT Is the Most Famous Swedish Dialect Play on the American Stage Today. The famous Swedish dialect suc cess, “Ole Olson,” which is under- lined to appear at the City Opera House, Monday, Sept 20, furnishes a quaint picture of the development of the awkard and untutored immi- grant lad into the shrewd, honest and helpful Swedish-American of the Northwest. The story of this pleasing little play, is a combination of wholesome comedy and ratural heart interest— a stage replica of just such scenes as are enacted around many family hearthstones. In its good-natured, wholesome comedy, its touches of pathos and its utter freedom from straining for effect, the play offers a good example of wholesome enter- tainment and well deserved as its continued success. It will be pre- sented with the same scenic environ- ment and competent company that has had so much to do with its success in the past. Card of Thanks. We wich to return our heartfelft thanks to the many generous friends who-stood by us, with such unweary- ing kindness, during the time our darling child was called upon to suffer before entering upon ‘‘the rest prepared for the children of God,” and crossed to the “beautiful home over there.” Seldom have any in need of sympathy and the most devoted friendship received so full a measure of the best fruits of the human heart. Mr. and Mrs. Harry Waldo. Chapter Meeting Monday. There will be a convocation of Be- midji Chapter No. 70 R. A. M. Mon- day evening Sept. 20th, at 8 o’clock. Work in the Mark Master degree. Your attendance is particularly re- quested. G. E. Carson, High Priest. Experienced dressmaker solicits your fall work, Satisfaction guar- anteed. Inquire Mrs. J. M, Staff- at half-price. ford, 121 Mississippi avenue. At 1 p. m. today, County Auditor Wilmann announced that he had set Monday, October 4th, as the date when the meeting of the mayor of Bemidji and the presidents of the village councils and chairmen of town boards will be held at the court house to select successors to the deposed commissioners. Mr. Wilmann also stated that he was not certain if the village presi- dents of Fowlds, Solway and Island Lake were entitled to vote in select- inga commissioner to succeed Mr. Sibley, or not; that he would serve them with notices to appear, and the legality of their participation in the election could be decided at the meeting, Will any attempt be made to oppose the enforcement of the order of Governor Johnson removing from office A, W. Danaher, F. O. Sibley and Wes Wright, county commis- sioners of Beltrami county? and if there is no opposition to the order, and the removal holds good, who will be the successful candidates to succeed these gentlemen? This question 1s the all-absorbed topic of discussion among those who take an active interest in the public affairs of this county and while the question is much-mooted, there is said to be those who would not be adverse to “jump into the breach” and taking the dilemnma “by the horns” and assisting in putting the county on a solid, substantial basis and allaying any possible nervous- ness that might permeate the sys- tem of the over-burdened taxpayers relative to the conducting of the affairs of the county. The district represented by Mr. Wright includes the City of Bemidji, Village of Nymore and Town of Northern. While = candidates are not very numerous for a possible successor to Mr. Wright, still there are several men of ability who have said that they would accept the office if it was tendered to them. It is the geueral impression that whoever is chosen to succeed Mr. Wright should be well qualified from a business standpoint to handle the affairs of the district in an effi- cient and economical manner. The successor to Mr, Wright will be chosen by the mayor of the City of Bemidji, J. P. Pogue; the presi- dent of the village council of Nymore, 0. J. Tagley, and the chairman of the board of supervisors of the Town of Bemidji, August Jarchow. F. O. Sibley represented the Third district, and the men who will MEETING OCTOBER 2ND TO NAME COMMISSIONERS ‘Coqnty Auditor Wilmann Issues Call for Meeting of Town Board Chairmen, |Village Presidents and the Mayor of Bemidji. choose his successor are the follow- ing: C. F. Rogers, president of the village council of Wilton, and the following, chairmen of the board of supervisors of their respective towns: Richard Oberg, Alaska; Peter Bakke, Roosevelt; A. A, Haarklan, Buzzle; Andrew Larson, Lammers; Fred Peterson, Jones; Nels Oman, Maple Ridge; Henry Becker, Liberty; Robert Ernest, Eckles; Thomas J. Wright, GrantValley; Ole P. Hanson, Lee; George Osborne, Hamre; Axel Wenander Steenerson; C.G. Stenmon, Benville, Erick Sundberg, Spruce Grove; Oney Strait, Minnie; Lakewood township (no name given); Chilgren, Wayne Knight. The Villages of Island Lake, Solway and Fowlds have no say in this mat- ter as they are not separate election districts, As a possible successor to Mr. Sibley, the names of three men have received mention, those being W. R. Mackenzie, the well-known sec retary of the Beltrami county Agri cultural association; W. A. Cassler of Grant Valley and Charles Saxrud of Fowlds, proprietor of the hotei and saloon at Fowlds and who has previously served on the county board. Mr. Danaher represented the Fifth district and his successor will be be chosen by William Fellows, president of the village council of Tenstrike; R. B. Bridgham, presi- dent of the village council of Turtle River, and the following chairmen of their respective town boards of supervisors: Daniel Castello, Birch; Theodore Shern, Moose Lake; S. S. Carter, Taylor; S. G. Hartman, Port Hope; L. T. Skrivseth, Turtle River; Gust Berg, Frohn. As successor to Mr. Danaher the nameof Silas Carter, chairman of the board of supervisors of Taylor township, has been quite frequently mentioned, as has also William Fel- lows, president of the village of Ten- strike, who is a heavy taxpayer in that district. While these names are most fre- quently mentioned, the suggestion is made that Charles Gustafson, pub- lisher of the Tenstrike Tribune, would make a most excellent com- missioner. County Auditor Wilmann received the order Saturday morning which removed the three commissioners from office, Mr. Wilmann statés that he will immediately call a meet- ing of the different presidents of [Continued on Last Page.} WE ARE you want it. our line NSt arie B slin 55 NOT A give you what you get when we've got it BANK because you want what you' want when Unlimited experience in OF work supplemented by our ample capital and half a million of resources enables us to serve the public beyond the sphere of service possible for a bank of MODERATE capital and limited resources. aim and future firm intention is the best and most comprehensive SERVICE to the largest number of our citizens in the most satisfactory manner. THE FIRST NATIONAL BANK OF BEMIDJI Qur past A { }