Bemidji Daily Pioneer Newspaper, October 1, 1909, Page 1

THE BEMIDJ1 DAIL w““‘ PIONEE} oc\eW' i 5 MINNESOTA SOCIETY. ‘e VOLUME 7. NUMBER 141. BEMIDJI, MINNESOTA, FRIDAY EVENING, OCTOBER 1, 1909. FORTY CENTS PER MONTH. DECISION RENDERED IN CLEARWATER DITCH CASE Judge Stanton Files Decision in Case Which Involves Tax Levy.—Holds Levy on Lands Affected by Ditch Was Illegal. Judge Stanton, noon, rendered a decision in the yesterday after- case known as the “Clearwater County Ditch Case, No. 1,” wherein the judge holds that the tax levy which was made in 1904 for the pur- pose of paying for a ditch was in- valid. The case involved an assessment which was made a lien upon lands affected by the ditch in 1905. The decision is as follows: “State of Miunesota} “County of Clearwater “In District Court, “Fifteenth Judicial District. “In the Matter of the Proceedings to enforce the payment of taxes on real estate remaining dclmquent the first Monday in January, 1907, for Clearwater County, Minne- sota. “Andrew Johnson and Forty others —Objectors. *“The board of county commission- ers of the County of Clearwater, Minnesota, acting under the pro- visions of Chapter 258, Laws of 1901, proceeded to establish and cause the construction of a drainage ditch, wholly within said county. “The defendants, Andrew Johnson and forty others, all occupants and possessors of lands against which assessments were levied for alleged benefits by reason of the construc- tion of said ditch, objected to the assessment so made and levied for the year 1905, and on the 6th day of March, 1907, each of said objectors filed in the office of the clerk of the district court of said Clearwater county a duly verified answer setting forth his objections to said assess- ment and to that portion thereof contained in the hst of taxes for the year 1905 remaining delinquent and unpaid on the first Monday in Janu- ary, 1907, which said delinquent tax list was last published on February 22nd, 1907. “The cause, and each of them, came before the court at an adjour- ned term thereof, at Bagley, in said county, on the first day of August, 1908, Edward T. Teitsworth, county attorney, appearing for the county, and Messrs. W. E. Rowe and Thos. H. Keefe appearing as attorneys for the objectors Andrew Johnson and forty others, whose names and the respective descriptions of the tracts of land involved, are in these findings hereinafter set forth, it be- ing stipulated, or at least understood and agreed by all of the parties’ that each of said actions should be submitted and determined upon the hearing then had. The court, upon the evidence, and being fully advised, finds as Facts. “1. That a petition for a drain age ditch, designated and known as ‘Ditch No. 1, Clearwater County, Minnesota,” dated August 28th, 1903, signed by fourteen land owners whose lands would be affected by the construction of said ditch and setting forth the neces- sity therefore and an approximate description thereof, was filed with the county auditor on the 16th day ot September, 1903. ¢t2. That thereafter, in an at- tempt to comply with the pro- visions of the drainage law, such proceedings were had that, on the 8th day of March, 1904, the county board made and entered in form an order establishing said ditch and thereafter said ditch was con structed. “3, That the lands of each of the objectors herein, as hereinafter designated and described, were assessed for the cost of the con- struction of said ditch in proportion to the benefits to each tract, as found by the viewers. “4, That on the first day of August, 1904, the county auditor’s list and statement, as provided in Section 18, Chapter 258, Laws of 4#7‘[—‘;_ 2L = ]‘ 1901, duly signed and acknowledged, was recorded in the office of the register of deeds of said county, which said statement contained, among other descriptions, the lands herein involved, which are described as follows, (Then follows forty-one names with descriptions of the lands involved.) .“5. That final proof under the homestead laws of the United States for the tracts above designated which are included in descriptions numbered one (1) to thirteen (13) inclusive were made prior to the first day of August, 1904; that final proof ;was not made for the remain- ing tracts above described, numbered fourteen (14) to forty-one (41) in- clusive, until after the first day of August,'1904. “6. That one-tenth of-the amount so assessed against each tract in- involved herein and above described, with interest added, was, on the first day of January, 1905, entered on the tax lists of said county asa tax on said tract; that no part of said tax has been paid, that said tax on each of said tracts was thereafter included in the list of the real estate taxes for said county remaining delinquent and unpaid on the first Monday in January, 1907, “7. That the proceedings for laying out and establishing said ‘Ditch No. 1, Clearwater county, Minnesota’ are void for the reason that the description of said ditch in said proceeding is so indefinite and _uncertain that .said ditch can- not be located therefrom; that in the order of the county commission- ers purporting to establish said ditch the only words in any manner locating or describing it are the following, ‘do hereby locate and establish the said ditch according to the report and the specifications of said civil engineer made and filed herein’; that said county commis- sioners had ‘duly appointed an engi- neer to make a survey and report of said ditch as required by law, and said engineer had made a purported report, but had utterly failed, either in his report or otherwise, to locate or describe said ditch, and his report contains nothing from which either the starting point, terminus or any of the courses' and distances of said ditch can be located. «8. That the County of Clear water, acting through its board of county commissioners, without night and without authority so to do, caused said ‘Ditch No. 1, Clearwater County, Minnesota,’ to be constructed, but that said county commissioners, in so doing, believed that they were acting under and pursuant to the drain- age laws, and all their several acts were performed in good faith in a bona fide attempt to do what they believed to be their duty under such laws, and not other- wise nor for any other purpose. And as "Conclusions of Law. “The court finds that the object- ors herein, and each of them, are entitlnd to judgment herein dis- charging and relieving each of the tracts of land hereinbefore described from such portion of the tax thereon for the year ef 1905 as represents and was entered as a part of the assessment against said tract for the construction of the said Ditch No. 1, Clearwater county, Minnesota, and from all penalties, interest and costs. “September 2nd, 1909. “C. W. Stanton “District Judge. "Memorandum. “The order establishing the ditch makes no attempt to describe or locate it, but refers to and adopts the report of the engineer for such description and location. The re- port ot the engineer gives no des- cription or location whatever. All that this with report contains reference thereto is a plat upon which the ditch is delineated and which shows certain lines and num- bers presumed to-represent section lines and section numbers. No measurements or bearings are given by which it would be possible to determine either the starting point or terminus of the ditch and there is nothing to show the distance of either from any known point. The ditch does not follow any known point. The ditch does not follow any known lines and no courses or distances are given. The plat con- tains nothing to indicate what state, county or town it refers to,— does not even give the points of the compass, — and leaves one wholly dependent upon guess-work and imagination to tell what itis intended to represent. Assuming the utmost that could be claimed for it, 'it would still be impossible to locate the ditch from it. The order establishing the ditch must definitely locate it, either in itself or by reference to the engineer’s re- port, otherwise the proceedings are void for uncertainty. - “State vs. Lindig, 96 Minn., 419. “Sonnek vs. Town of Minne. sota Lake, 50 Minn., 558, ¢Johnson vs. Morrison County, 119 N. W, 502. “The pomnt is urged by the attorney for the county that the objectors, having neglected to appeal from the order establishing the ditch, should now be estopped from questioning its validity. This contention was settled in the case of Sonnek vs, Town of Min- nesota Lake, supra, wherein the court said, ‘the fact that no appeal was taken does not impart any effect to the order, or make valid what is on its face invalid.’ “As the order establishing the THE JURY DISAGREED They Wrestled anaiessly with Shinn Gase for Seven- feen Hours. At 10:30 this forenoon, the jury in the case of the State vs. O.]. Shinn, who as county treasure was charged with the trime of grand larceny in the second degree, re- ported that they -were hopelessly apart and could not agree, and after being questioned by Judge Wright were discharged. Later, the case against Shinn was continued over to another term, and the defendant was released on his own cognizance, f\_imishing a per- sonal bond in the sum of $500. The arguments in the case were submitted yesterday afterncon, and the jury retired at 4:12 o’clock. The jury remained out until this morning at 9 o’clock, when they entered the court room for instruc- tions. The forman of the jury, J. P. Omich, ingu'red of Judge Wright if they should consider the bank ac- count of Mr. Shinn after the deposit of the checks in question had been made to his own account. The judge stated that the bank account had been introduced to show that the money had been de- posited to the credit of the defend- ant and for that purpose only, and having been introduced, they were at liberty to take it into considera- tion in its entirety. [Continued on Last Page.] After wrestling for arother hour and a half, and being unable to agree, the jury “agreed to disagree” and were discharged. Judge Wright stated, afterwards, that Attorney General Simpson, who handled the case for the state, had stated to him, before depart- ing for St. Paul last night, that he was perfectly willing, if the jury should disagree, that the case be continued over and the defendant be allowed his liberty on his own cognizance, County Attorney McKusick stated that was satisfactory to him, and that action was taken by the court, There is little doubt that public sympathy is with Mr. Shinn, in this case. = Being well advanced in years, broken down in health and having borne a good charac ter outside this matter, he readily enlisted sympathy. The disagreement is looked upon by many as a virtual acquittal, and M. J. Brown is being congratulated on the excellent fight which he put up for his client. Yesterday afternoon, the case of Fred Gagnon vs. Joe Kenville was dismissed, upon motion of the de- fendent. Immediately after the conclusion of _ the case against Shinn, Wes Wright was arraigned under the indictment charging him with being interested in a county contruct while he was acting as county com- missioner. Through his attorney, P.J. Russell, Mr. Wright Waived the reading of the indictment and plead “not guilty,” with the right to withdraw the plea and substitute a demurrer within a week. The Anna Stewart, administratrix of the estate of Toby R. Irwin, vs.the Great Northern Railway was called this morning. case of This is a case wherein the plaintiff is suing the railway company for CLEARWATER CO. FARMER DANGLES AT ROPE’S END Eric Hedeen, Prosperous Unknown Cause, Rashly Bagley, Oct. 1.—(Special to Pio- neer.)—Greatly perturbed by some unknown cause, the source of which it is impossible to surmise, Eric Hedeen, bachelor-farmer _residing in the northeastern part of the Town of Winsor, Clearwater county, ended his earthly career last night by suicide, hanging himself to a rafter in the barn on his farm., Eric’s lifeless body was discovered at an early hour this morning by his brother, who entered the barn to look after some stock which was owned jointly by Eric and his brother. The brother was nearly prostrated by the finding of the body of Eric swinging at the end of a rope, with life long since extinct. and Well-Liked, for Some Took His Own Life.—He Had No Known Enemies. The coroner was notified of the finding of the body and visited the Hedeen home; and after an examina- tion of the body and the premises, decided that no inquest would be necessary. Itis utterly impossible to find any plausible reason for Hedeen’s rash act in taking his own life. He was in “easy” circumstances, having considerable ready cash on deposit ina Bagley bank. His farm was and he owned a large herd of cattle, and his free from incumbrance, granary was well filled with wheat. Hedeen was at peace with every- one and was on the best of terms with all his neighbors. He was of a genial disposition and a general all-around favorite.” the sum of $5,000 damages for causing the death of her son, at some point in North Dakota, in 1905. Col. Dodge of St. Paul and E. E. McDonald of this city appear for the plaintiff and M. L. Countryman of Minneapolis represents the rail- ‘way company. A jury was secured this forenoon and the trial was commenced. Local news on last page. One of the Many Goats We Carry Palmer In Good Serviceable CLOAKS AND SUITS s Shown by the Accom- panying Guts of the Garment You're assured---even before you look---that the style is correct. know that the quality is all you'd ask and that satisfactory wear will result. A “try-on” will show how quickly they fit and how few alterations are re- quired, thus making yuck delivery possible. In our stock, we are still showing some magnificent coats. at this season they’re going fast, so we’d advise you to make your selection right away. You'll notice that the coats shown above range from $15 to $35; splendid selection, easily within your reach; and big values, every one. We also have others that may suit you better. once and let us fit you. O’Leary-Bowser Co. First Door East Lumbermen’s Bank Anyway come in at Latest, Newest, Neatest and Nobbiest You Naturally DISTRIGT MEETING 0DD FELLOWS FRIDAY NIGHT Grand Officers Will Be Present, and Many Visiting “‘Three-Linkers” Are Expected. The members of the Bemidii lodge of Odd Fellows are making extensive preparations to care for the “three-linkers” ‘who will gather here on Friday evening of this week, when a district meeting of the Odd Fellows will be held, at which most important businesswill be transacted. It isexpected that Grand Master Barber of Brainerd and Grand Secretary Bolton of Minneapolis, as well as several other grand officers, will be present and participate in this district meeting. Several candidates will be initiated at the meeting and it is the intention to make the meeting one of the very best occasions of the kind ever held in the district. The lodges at Tenstrike, Black- duck and Bagley have already seant word that delegations of Odd Fellows will be present from those towns and it is expected that delegations will be present from several other lodges in north-central Minnesota. The local Odd Fellows will give asupper and a program during the meeting; and they extend a general invitation to all Odd Fellows in porthern Minnesota to come to Be- midji and participate in the meeting. SMALL SUBSCRIPTIONS WILL BE GRATEFULLY RECEIVED. Subscriptions to the Soo railway right-of-way fund are coming in fairly well, but a large sum of money is still needed in order to insure the Soo coming into Bemidji. If you have not already subscribed to the fund go to either of the two banks and give whatever sum you can. ANY SUM will be gratefully received by the committee which has in charge the buying of the right-of-way. A list of contributions to date will be published in full again just as soon as Mr. Brooks returns from St. Paul and the Pioneer can get the list from which to get the names. Several substantial = con- tributions have been made of late which will be duly acknowledged when the list is secured. HISTORICAL