Bemidji Daily Pioneer Newspaper, December 8, 1909, Page 1

q VOLUME 7. NUMBER 198. Lie,” very interesting drama; MAJESTIG THEATEH w"'I' g Il;:str:ted ;o};g, with piano accom-] — OPEN TOMORROW NIGHT | panimen. b Edward Currey Will Be in Charge.— Fine Moving Pictures and liys- {rated Songs. The Majestic Theater will be thrown open to the: public tomorrow evening, when Edward Currey will put on a first- class moving picture show, with illustrated songs, that he guaran tees tne public will be strictly up-to-date and exceedingly inter- esting. 3 Mr, Currey is one of the very best operators of moving-picture machines in the northwest, and with his eight years of experience in many of the largest cities of the country he is enabled to give pic- - tures that are the very best that - human ingenvity‘can devise. " For the opening night (tomor- row), Mr. Currey announces the following program of moving pic- _ turhs: “Stolen Kisses” (comedy); “Mother-in Law’s Holiday;” ‘“The .| comfortably seat 200 people. Ladies and children are especially | invited to attend, and special care will be taken for their comfort. There is room at the Majestic to The seats are raised, and every seat is advantageously located. ¢ There will be a change of program every Tuesday, Thursday and Sat- urday night. : Deputy Sheriff Improving. De~uty Sheriff Andrew Johnson, who was shot and dangerously wounded last Friday morning, and who has been lying at St. Anthony’s hospital, is reported as improving i steadily. According to Dr. Gilmore, his condition is rapidly approachihg normal, and indications are that he will recover rapidly. Brakeman Ditty returned last evening from Brainerd, where he has been an inmate of a hospital, suffering with an attack of typhoid fever. He is feeling all right again, and will no doubt soon resume his |run on the M. & L. Railway. Ly e ™ THistorical Society JUDGE WRIGHT CONSIDERED THE JENS J. OPSAHL WRIT: Mbtion Made to Quash the Writ for Reason that Statement| of Facts Are Inefficient=--Looks Like Unloyal Attempt te Block the: Construction of the Soo. Before Judge Wright, yesterday M. A. Spooner, representing the Soo raliway, and John L. Brown, répre- sentating J. J. Opsabl, as petitioner, argued a motion made bi Judge Spooner to quash the writ of certio. |} rari which had been med by’ Jlldze Stanton to have reviéwed the acts of | ¢ ‘| the city council 'hu{_cii #sid council vacated the south twenty. feet of a certain road known as the “Mill road;” and that by the actious of the council the Soo railway has secured an entrance into.the City of Be- midji, This was a return on the writ of Copyright 1900 by Hart Schaffer & Marx You'll fmd us ready with » . Hart Schaffner & Marx fine clothes = He best thing we can do for our townsmen is to supply them with such clothes as these. We make a specialty of Hart Schaffner & Marx clothes; _ because that’s a certain way to render the best service. to you; good clothes raise the standard of a man’s efficiency; make him worth more to himself. A man that’s worth a good deal to himself is worth a good deal to the communrty Hart Schaffner & Marx clothes are all-wool; they’re: made in the best of correct style, perfectly tailored; the lnghest class clothes made. - We have special smait styles for young men, as well as for Lively colors and patterns, or, " You need such clothes. . ’ those of quieter tastes. blue serges and black Thibits. Sults $20 to $45 Overcoats $20 to $60 This store 1s the 1101116 of Hart Schaffner & Marx clothes " | aside the- resaluqo» because of the |- .certiorari, the respondent appearing especially {07 move to quash the writ on_ the ‘ground that the peti- tioner. (chuunnve J. J. Opshal) ‘did not | mté"wficxent facts to en- title the petitioner to the relief asked for or to anyseliet whatsoever. Judle Spooner submitted some to set ‘aside’’the ‘writ and gave a strong argument in support thereof. Judge Spooner, in beginning his nzument, said that he would te that the people of Bemidji red the construction of the Soo railway * through Bemidjl in - the building of the proposed main line of the Soo from Chicago to Winni- peg: With that end in view' all citizens of Bemidji, with the excep- tion of a’ wery, “very few, had put their shoulilers ' to -the wheel; and piit !of!fi “ stispendous efforts to secure the/Nwe. 'That the construc- tion of the'main line of the| Soo throulh Behidji - would beoque ant lunng ‘benefit to the Cu; of 1 one, For l’«moment, dotibted, s$id ‘the judge. . This wrlt, which-was issued at ‘the inltigntwg of Representative Jens J. Opjgahl, vn where @holp had been a protest made agdinst'the construction of the Soo liné. ) | -The city. council, to‘hulihtethe pqfl(on of the hufi’wny known as 'the “Mill road” in ordler to furnish an‘éntrance to the city. “This writ,”- said Judge Spooner, -nondescript .attempt to have ‘the relolunon,adagted by the coun- cil réviewéd and hq" the court set| fact’ that the. mayor did not allow four days to lapse | before s:zmpg the ‘resolittion, but signed it the nm day after its passage.” Cohtinuing, Judge Spooner stated that the writ on. its face shows: that Jens J. Opsahl was a citizen of ‘Bemidji and a.. heavy taxpayer— presumably the. townsite of Lavinia on the M. & L. railway, at the head of Lake Bemidji.and probably some property in the City of Bemidji; that the writ shows that Jens ) J. Opsahl has fear that his horses will ‘| become scared and cause him great inconvenience. Judge Spooner stated that’ ‘the ‘Crookston Lumber company had given out that it would . «gare for a road (lonznda of its fitdperty, and ‘Mr. Gemmell, general manager for the M. & I. Railway company, had been talking -with the .members of Commercial club and other citizens of Berhidji relative to ;{he -dopation ditional land, suffi¢iént fér’/a" road through the ‘IMil}" thorough fare, PR Mr. Opshal diff! £ petition that e - is affected than the cnmlnifl@ n§~larzc& s far as the use m&;%tmt com- plained of is conce! RS 2 Judge Spooner then went into the history of writs of certiorari and quoted numerous authorities. He claimed that the petition demanded the bringing up of the prodcéediogs of the council for inspection only. The command in directed to the city c: clerk, not the Soo railway or ‘the mayor, . Nothing further was asked "+ than to: review the records, not to ‘sét) aside and make void the pr- ceedings; no other relief was asked. Judge Spooner conlendeg that the function pf the writ in this instance did not pertain to -the because the act was legislative'it character and not judicial or. quasi- i judicial. In perfumnmz its duty té lhe: “I'public, said the judge, the city council did what it -had a.rightitol! the only instance| coibtructiol ok the foad through the| } ‘the' cxtr by renhnion has given a do, because its acts was in the Vii-éture of a legislative act. The actions of the council were not in .any way judicial, and consequently’ o part of their .actions were subject to review, according to the section of the law wnich was quutbd by the judge. Another thing the‘_'judge con- tended was that g!xe damage com- plained of by the petitioner, Opsahl, must be sustained by the petitioner other than that sustamed by the public at large. It._,made no differ- ence whether he owned the prop- erty on both sidesof the lake or not. Granting Ql that might be con- tended in th complamt even if the matter wer§ brought up under proper proceedings, the fact that the mayor did not wait four days before signing thé regolution did not invali- date the resojution. The resolution could become valid if he did not sign it at; all If this were not true, any fnaydr f Bemidji could defeat any meashrk passed by the council if he fixled at the " expiration of four days, n}slgn the resolution. If he had no right.to sign wiihin four days|. and failed td\sign it at all his act is negatory and\at the end of seven days the measure in question became’ }a law, 8 . .According to the judge it was not the intention of the'charter that, if signed the. first “day - after ! age of a resolution, that resolution would be defeated. . No substantial injustice had been déne to Jens J. Opsahl through the fact that the mayor had signed the resolution passed by the council the next day after the resolution had been passed. City Attorney Gibbons was asked it he desired to make any remarks ah(’l he stated that Judge Spooner had fully covered the ground. John R. Brown, as attorney for Jens J. Opsahl, spoke for the peti- tioner. Mr. Brown admitted that Judge Spooner had clearly outlined the purpose in the construction of the Soo railway through the city, and as to the number of citizens back of the movement. “It would seem vreposterous,” said Mr. Brown, “that one man alone would fight a big corporation like a railroad and a large number of his own citizens. ~ While such a project as building a great railroad through a city might on the surface be approved by everybody, yet there might be many against the proposi- tion, but they would say nothing.” Mr. Brown contended that there was only wagon road whereby any- one can get in and out of the city to the eastward. He had heard that since these proceedings had been commenced by J. J. Opsahl the Crookston Lumber company had been pinned down to the statement that the company would not give any portion of its " property towards ‘providing for road space to overcome | Thursday. that nggn to tlse Soo by the oouncll. " “Mr, "0psahl asked 'a prominent f‘ Bemidji who is connected e commercial club of the city ihat was being - done towards -securing the'Soo for the city; and he [ ~'no: information whatever t_" md Mr.' Brown, by S. were com- ‘menced.” ; 5 . Mr. Brown believed that the council, by granting the twenty feet of highway was giving ‘away forever to the soo. railway a portion of a public road that was needed. There was no'right given by the statute or the city charter whereby the council could gwe the part of the road in question' for more than twenty-five years. ( The speaker quoted authori- ties which- he claimed bore out this contention.) No prepetual privilege could be granted to anyone without being first submitted to a vote of the people. In this writ, claimed Mr. Brown, it was necessary .to present orders, He did not dispute the law as quoted by Judge Spooner, but he was of the opinion that the act of the council was somewhat judicial, or quasijudi- cial. “This resolution of the council was passed unbeknown to any per- son outside the council or the com- mercial club,” said Mr. Brown, “passed one evening and signed by the mayor the next day.” Mr. Brown claimed there were two ways in which the council could bave granted this highway, one by agree- ment with the city council, the other, by-condemnation proceedings. Mr. Brown recited some authorj- ties which he thought bore him out in his contention that the proceed-"§ | TEN CENTS PER WEEK. DOINGS AMONG BEMIDJI'S GOUNTRY NEIGHBSRS Live Correspondents of the Pieneer Write the News from Their Localities. i Puposxy. December 6. ' Miss Grace Budd, the school teacher, was a Bemidji visitor last Saturday, as was also Mrs. Hs@t Hefiner, John Enright, who has be!n under the doctor’s care at Bclmd]l for the past three weeks, is again around shaking hands with his friends, who are glad to him about again. A. E. Hodgdon, the local agént; has been confined to his bed for several days with an_attack of quincey, He is somewhat better and expects to be able to take up his duties in a few days. William Austip of Neeley Siding is busy gotting ready. to log. Mr Austin has a contract to log con- siderable timber near White Fish lake for the Crookston Lumber company and will commence oper: ations in a vory few days. Jim Anderson of Minneapolis, who has been visiting at *Billy” Ryan's home for the past moath trying to forget the ¢‘strenuous” life, has gone back to the *Mill City" feeling much refreshed after his stay in the northern pines, C. M. Egge of Crookston, United States post office inspector, was a Puposky visitor last week, lnvesngatmg the ponofice 'lu:h was burglanzed a short time ago. The post office department will take évéry eftort to catch the per- pet?tor and will offer a reward tie capture and conviction f ings of the council were of a judicial { the ‘escaped robber. nature and therefore review. Asked by Judge anht as to how much stress he put on the fact that the mayor sigged the resolu- tion prior to the four days prav;,ded in the charter, and Mr. Brown admitted that he put little faith in that circumstances, and that the petitioner lost little if any of his rights by that act, Asked if he claimed that the action of the council was null and void, Mr. Brown said he -believed that the council went beyond its authority, Judge Wright said tf;at the pro per remedy for any person who believes himself peculiarly injured by this action of the Bemidji city council in granting the twenty feet of road was to enjoin the Soo rail- way, subject to [Continued on Last Page.) Brinkman Bill Highly Endorsed. The bill at the Brinkman Thea- ter this week is justly deserving of all tavorable comment it 1s receiv- ing from the many who have wit- nessed same, It is an excellent program, full of life and interest which brings applause after applause from the enthusiastic patrons who pack lhe house nightly, There will be anentire change of pictures tonight, and ‘they are the world’s greatest productions in’ this line. . The program tomorrow night' will consist an entire new list of perform- ers who are among the very: best on the vaudeville stage in the west. In the future Manager Brinkman will put on an entire new lot of per- formances every Monday and Solway. December 8. Charles Bye of Aure went to Hendrum, Minn , Tuesday. Ray Dickingon is shipping twe cars of wood from here this week. _ Oren Christie and Willie Fink are visiting with R Lamon this week. Miss Curtis Pitensburger was a Bemidji caller Tuesday. Bills are being posted around town for a large dance Christmas Eve. Everybody invited. A large number of young people were down from Shevlin to attend the dance last Saturday evening. Miss Blanch Barrett went to Bemidji Saturday after closing her winter term of school south of town, Mr. and Mrs. Eugene Freden- burg went to Bemidji Taesday, te have the arm of thair little daugh- ter set, which was broken by a fall down stairs. ] D. Powers of Ellsworth, Wis., visited his brother, Dee Powers, over Sunday, returning home Monday. Mr. Powers has lived here before, and is satisfied with the country. He talks of moving here in the near future. Notice to R. R. Contractors and Lum- bermen. If in need of R. R. l1aborers or- woodsmen, we are prepared to furnish same on short notice. Western Labor & Supply Co., 521% West Mich. St., Duluth, Minn, John Brown, county surveyor of Itasca county, came to Bemidji this morning from his home at Grand Rapids and spent several hours here, leaving on the delayed morning train for Funkley to look after some oEgciil matters at that place. MODEL GOING OUT OF WILL OPEN FOR BUSINESS riday Morning, Dec. 10, 9 o’clock between traids- MINNESOTA © | HISTARICAL SOCIETY.