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

istorieal S0ci: [ MINNESOTA THE BEMIDJ1 DAILY PIONEER!S VOLUME 7. NUMBER 142. BEMIDJI, MINNESOTA, SATURDAY EVENING, OCTOBER 2, 1909. FORTY CENTS PER MONTH. < VERDICT FOR DEFENDANT, $5,000 G. N. Court Directs Jury in Case DAMAGE SUIT . Ry. of Anna Stuart vs. G. Co.—Grand Jury Not Progressing very Satis- factorily, Says Court. In district court this forenoon, the jury in the case of Anna Stewart, administrator of the estate of Toby R. Irwin, deceased, vs. the Great Northern Railway Co. broughtin a directed verdict in favor of the defendant company. This case was a suit for damages in the sum of $5,000 brought by Mrs. Stewart against the Great Northern Railway company as a claim for the loss of life of her son, Toby Irwin, who was killed at Gran- ville, N. D., several years ago. The plaintiff in the case intro- duced the evidence of Mrs. Stewart, Olive E. Irwin and Bertha Irwin, at the conclusion of which M. L. Couuntryman, attorney for the rail- way company, moved that the court instruct the jury in favor of the defendant company, on the ground that the parties seeking to recover were not the beneficiaries under the statutes of the State of North Dakota. Arguments on this motion were submittted to the court this morning by the attorneys for the plaintiff and the railway company, after which Judge Wright directed the jury to return a verdict in favor of the defendant. The grand jury made a report this forenoon and retired, coming in later in the forenoon for instruc- tion. Judge Wright told the jury that he might issue an prder for the sheriff to bring in certain books to the jury, but that the books could not be used as legal evidence unless they were properly identified by the man in whose custody they were lawfully supposed to be; and as indictments returned by the grand jury against the person identifying the books would be null and void it would be a waste of time for the jury to have the books brought before them for identification. One of the jurors asked if there was not a way to have Mr. Slocum brougkt before the jury and go over the dockets with them. Judge Wright gave the same opinion rela- tive to having Mr. Slocum brought before the grand jury: that his appear ance before the jury would make an indictment against him of no avail. The judge concluded by saying that, for some reason, he did not know just why, the work of the jury did not seem to be progressing as satisfactorily as he thought it should. He stood readv, as did also the county attorney, to assist the jury in any manner and hoped their deliberations would bring more satis- factory results. The judge also made the request that the jury submit their requests in writing. This forenoon the case of Eric Nelson et al vs. the Village of Black- duck was called for trial. Thisis a case wherein Nelson is suing the Village of Blackduck to recover the balance claimed to be due on the amount of a saloon license paid to the Village of Blackduck, the license having been subsequently cancelled. The jury was secured. this forenoon and the trial was commenced this afternoon. -_— Mrs. Gamble Caught Big Fish. The friends of Mrs. Gamble are chiding that good lady and insinu- ating that she caught a “‘whale,” while fishing last Wednesday. The facts are that Mrs. Gamble landed a pickerel that weighed thir- teen pounds; and it wasn’t a very good day for fishin’, either. Local news on last page. Attention, Football Players. All football players in the city are requested to meet at the ball park at 9 tomorrow morning and help in the practice with Co. K team. We have a hard game with Grand Rapids for Sunday, the 10th inst., and diligent practice is necessary. We must defeat Grand Rapids, this year. —7John Hillaby, Mgr. FSMILE AGAIN 1 glad. glass of Telephone 235 Laugh and be merry. BEMIDJI'S PILSENER BEER “BEER THAT BRINGS A SMILE” The beer that makes you feel that life is worth living Try a case delivered this very day. Bemidji Brewing Co. It is good to be There’s satisfaction in every Bemidji. Minn. SUITS Made to Order $15 AND UP Gorrect Style and Fit Guaranteed Presidents of Councils Can Vote. Monday next, the chairmen of the different town boards, presidsnts of village councils and the mayor of Bemidji will meet in this city to select successors to Wes Wright, F. O. Sibley'and A. W. Danaher, who were recently removed by the late Governor Johnson from the offices of county commissioners. The notices to all of the chairmen, presidents of councils and the Mayor of Bemidji have been issued and served and they will all be present, if possible. It was thought that the presidents of village councils where such vil- lages were not separate election dis- tricts were not allowed under the law to vote on the selection of a new commissioner. Another question raised was as to whether any member of a town board could cast the ballot of the chairman of the board if the latter was, for some reason, unable to be present. FOOTBALL THISP. M. Bemidji High School Eleven Played at Grand Rapids Today. Minnesota Played Against lowa in an Anticipated Hard Game, FIRST HALF. Bemidji High...........| o= Assistant Attorney General L. A. Smith has rendered a decision as follows in both these matters: “When the chairman of a town is still in office, but is absent from home or for other causes is unable to attend the meeting called to elect a new county commissioner, there is no way to supply his place at such meeting. The rule applicable in such case is substantially this: “ ‘The voting privilege is of the nature of a personal trust committed to the discretion of the person designated as a member of electing board, as an individual, and hence is not susceptible of being exercised through the delegation of the voting power to another person no} designated by statute.’ ““The president of villages included in a commissioner’s district is en. titled to vote at a meeting to elect a county commissioner to fill a vacancy, without reference to whether such village is a separate election district or not. This was so held by this office several years ago and I do not see any reason for changing the opinion.” BOSWORTH FINISHES HIS SEWER CONTRAGTS HERE Bosworth Bros. Have Had Several Contracts Here.—Work Was Al- ways Well Done. H. F. Bosworth, the active mana- ger of the contracting firm of Bos- worth Bros. of Ada, has completed his latest sewer contract with the City of Bemidji and the same has been accepted and Mr. Bosworth Grand Rapids........... 5= FINAL SCORE Bemidji High.. Grand Rapids... (Impossible to get score.) (Last Year’s Scores—Grand Rapids 21, Bemidji 0. Bemidji 12, Grand Rapids 6.) The Bemidji High School Foot- ball team, accompanied by Prof. Robinson, their coach, and a number of rooters , went to Grand Rapids this afternoon, and at 3 o’clock this afternoon lined up against their old- time antagonists, the Grand Rapids high school gladiators. Last year the Grand Rapids team “had it on” most of the high school elevens of this section during the greater part of the season; but Be- midji braced up, and when the two teams lined up here for the closing game of the season, the Bemidji team easily defeated the ‘“Rapids” boys. ’ The Bemidji school eleven is in splendid condition, and the boys are prepared to give the ‘‘Rapids” champions the game of their lives. They have been coached by Prof. Robinson, the new science teacher, and are improving every day. Bemidji lined up as follows: Brenneman, center; Russell and Peck, guards; McDonald and Lar- son, tackles; Neuman and D. Gould, ends; Kreatz, quarterback (captain); Stanton and Gill, halfbacks; Lycan, tullback. Grand Rapids opposed Bemidji in the following positions: Center, Webster Tyndall; left guard, George O’Brien; right, Ross McLennan or Ed Erskine; left tackle, Ernest O’Toole; right tackle, paid for his' work. This last contract which Mr. Bos- worth had with the city was for the building of 1570 feet of sewer, ex- tending from Third street to Sixth street on America avenue, and one block on Beltrami avenue, between Fifth street and Sixth street. A part of the sewer on America avenue necessitated an excavation of 21 feet, making considerable extra work in this line. All of the sewer was of 8- inch pipe, and was installed in the very best manner. Mr. Bosworth put in the original sewer system for Bemidji in 1896. That contract was for three blocks of sewer on Third street; two blocks on Beltrami avenue, and two blocks on Second street. In 1898, Mr. Bosworth put in two blocks of sewer on Bemidji avehue, two blocks on Dewey avenue and a half block on Eighth street. All of these contracts were ful- filled in a very able manner, the city engineer complimenting Mr, Bosworth on his very efficient work. Mr. Bosworth always employed local men, and has been a great “booster” for Bemidji. Mr. Bosworth has given estimates to the Commercial Club Soo right- of-way committee for the moving of buildings from the route which is proposed to be used by the Soo through the City of Bemidji. Mr. Bosworth has done considerable of this class of work'and it is possible that he may be brought here to move the buildings, provided the Soo decides to build into the city. Telephone 31, for one of those leather bound dictionaries. 5 Howard Reussvig; left end, Hugh Logan; right end, Edward Murphy; quarter-back, Will Powers; left half- back, Ralph Brandon; right half- back, Tom Erskine; full-back and captain, Roy Blood: substitutes, Hepfel, Graffam and Costello. FIRST HALF. Minnesota............... .23 lowa........ FR— [+] FINAL SOORE. Minnesota................. 41 lowa o The Line-up. Minnesota—Pettyjohn le, Walker It, Mohlstad lg, Farnham center, Powers rg, McCree rt, Rodemacher re, Stevens rh, Johnson lh, Pickering fb, McGovern (capt.) gr. Iowa—XKresensky le, Hull It, Bell lg, O’Brien center, Gross (capt.) rt, Hyland re, Murphy rh, Ehret lh, Wright fb, Stemart qr. At Northrup Field, Minneapolis, this afternoon, the Minnesota and Iowa University football teams engaged in what was supposed to be the first “*big” game for Minne- sota this season. This game was considered one of the most serious games of the Minnesota schedule—serious. on account of its being the first clash with a big nine team for the. year. The Hawkeye squad, as viewed in Minneapolis yesterday, looked to be made up ot very classy foot- ball men, There were no giants, but they looked to be fully as good as the Minnesotans, as far as quality went, According to the coaches of the x| Townsite company, | general offices in St. Iowa team, the game with Minne- sota today would be one of the hardest-fought battles that Minne- sota would run into this season. Dr. Williams, coach of Minnesota, would say but little as to the prob- able oucome of the game, except that he expected his men to win; which statement was accompanied by his usual determined smile. It was generally expected, before the game, that Minnesota would win,-but not by a large score. “‘Gopher” Schedule for '09. Official schedule of the Minne- sota football team. * October 9—Ames, at Minueapolis. October 16—Nebraska, at Omaha. October 30—Chicago, at Minnea- polis. November 13 — Wisconsin, at Madison. November 20 — Michigan, at Minneapolis. Townsite Co. Moves, in St. Paul. In a letter to the Pioneer, E. L. Calihan, secretary of the Bemidji which has Paul, states that the offices have been moved from their old location, in the Pio- neer Press building, to 404 New York Life block, where the secretary can be found “most any old time,” by Bemidjites who desire to transact business with the company. The writer is certain that Bemidji folk, whether having business relations: with the company or not, will always be welcome when in St. Paul, if they call on Secretary Cali- han, 404 New York Life building. MAY ESTABLISH A SASH AND DOOR FAGTORY HERE Visitor from Eau Claire, Wis., Says Bemidiji Can’t Afford to 3 Pass Up Soo. W. N. Bartlett of Eau Claire, Wis., departed last night for his home at Eau Claire, after having spent two days in Bemidji looking over the city and surrounding country with a view of establishing a first-class sash and door factory in -this city. A brother of Mr. Bartlett owns and operates a large sash and door factory at Eau Claire, which is a highly successful and well-paying institution. The factory manufac- tures sash and doors for both wholesale and retail dealers and does a lot of jobbing work as well as manufacturing sesh and doors from special plans. It was Mr. Bartlett’s intention to start a similar factory here pro- viding he found the conditions such as he desired, Before leav- ing he expressed himself as being well pleased with Bemidji, but stated that he had not yet fully decided whether he would build a factory here or not, Speaking of the efforts of Be- mudji citizens to prevail upon the Soo Railway company to build its Plummer-Moose Lake line tarough Bemidji, Mr. Bartlett said: «The citizens of Bemidji can ill afford to let this railway pass through the country north of the city, and all should contribute their share towards raising the necessary funds for the purchase DISTRICT MEETING OF ODD FELLOWS WELL ATTENDED Grand Master Barber, Grand Patriarch McCulloch and Other Prominent 0dd Fellows Joined Bemidji Lodge In a Rousing “Three-Link’”> Gathering. A district meeting of the Inde- pendent Order of Odd Fellows for this district was held in Bemidji last night, and the affair was a very suc- “getting-together” of the prominent threelinkers of this section, W. M. Barber of Long Prairie, grand master of the State of Minne- sota, was present at the meeting and assisted in putting enthusiasm into the gathering and there were promi- nent Odd Fellows present from Deer River, Brainerd, Elk River, Wilmont, Blackduck, Tenstrike, Mispah and other points. A feature of the evening was the presence, also, of G. S. McCulloch of Brainerd, grand patriarch of the Minnesota State Encampment, the higher branch of the Order of Odd Fellows. A regular business session of the Bemidji Lodge was held, during which there were speeches for the good of the order and general com- parison of notes on the secret work of the order. While the ‘‘Threelinkers” were holding their business session, the lady members of Bemidji’s lodge of Rebekahs gathered in the kitchen in the rear of the meeting room and prepared a fine supper, having the same on the table, steaming, for the “men folks” when they were pre- pared for the less serious considera- tions of the evening. And full justice was done to the elegant meal. After supper, the and the ladies of the cessful Odd Fellows Rebekah lodge reassembled in the hall and there was social a session. Grand Master Barber delivered a short address, in which he compli- mented Bemidji on having so solid and substantial an Odd Fellow and Rebekah lodge, the order owning its own building and having some funds otherwise invested. The speech was a brilliant one. Grand Patriarch McCulloch fol- lowed with a similiar speech and he added to the good things said by the grand master relative to the local lodges. Speeches were also delivered by many of the other visiting brethren, and a few of the ladies made remarks, although being somewhat backward in “coming forward,” as the grand master put it. It had been the intention of the 0Odd Fellows present at the meeting to have held a session of the grand lodge and to have conferred the grand lodge degree on some candi* eates. However, there were not enough of the grand lodge officers present. Bemidji lodge has twelve past noble grands among its mem- bership, ten of whom have taken the grand lodge degree, and the session could have been held had one or two additional officers besides the grand master been present. Plans were inaugurated for the holding, in the near future, of another monster district meeting, when special effort will be put forth to have a session of the grand lodge and confer the grand lodge degree. It is likely that this meeting will also be held in Bemidji. Postoffice Corner BTN Toilet Soaps We wish to call your attention to our line of toilet soaps. We keep our stock fresh, and keep adding to it such soaps as *we think are healthful and pleasing. We have just added another soap to our stock which we think merits your attention PEROXIDE SOAP, per bar, 25¢ The very latest manufacture in Tollet Soaps. The peroxide in this soap has a mild bleaching effect and tends to keep the skin white. CORMONTAN & HANSON DRUGGISTS Dainty Drinks at our Fountain Bemidji, Minn. FARM of a right-away through the city limits, “The City of Menominie, Wis. was at one time made a similar pro- position by the ‘Omaha’ railway. Menominie refused to furnish the right-of-way and the ‘Omaha’ built its line two miles beyond the city limits. = “Later, the, citizens of Menominie raised money and had a spur built from the ‘Omaha’ tracks into the their places. heart of the city. The building of the spur cost fully as much, if not more, than the right-of-way through the city would have originally cost; and Menonimie would be much better off today if her citizens had furnished the right-of-way and had the main line of the ‘Omaha’ pass through the limits of the city.” Additional local matter on last page. LOANS The First National Bank of Be- midji is prepared to make farm loans for reasonable amounts to actual settlers who are improving We believe that Bel- trami county can be made a pro- ductive dairy country. If you need funds to improve or stock your farm call on First National Bank Bemidji, Minn.