Bemidji Daily Pioneer Newspaper, December 14, 1909, Page 1

THE BEMIDJI T =4 VOLUME 7. NUMBER 203. ] - BEMIDJI, MINNESOTA, TUESDAY EVENING, DECEMBER 14, 1909. TEN CENTS PER WEEK. SETTLER FAVORED BY THE SECRETARY OF INTERIOR Decides Adversely to State in One *“Swamp Land” Case.— P. J. Russell Writes Pointed- Communication Con- cerning “Swamp Land” Contests. P. J. Russell, attorney for nearly all of the settlers who are in a contest with the state over certain swamp lands, has received notice that the secretary of the interior has decided in the favor. of the settlers in the case of Frank J. Porter vs. the State of Minnesota, involving the NW¥ NWX4 of sec- tion 1; the NEY NEX and the NW{ NE¥ of section 2-153-15. This is the last appeal in this particular "swamp land” case, and the secretary of the interior, in his decision, affirms the decision of the local land office at Cass Lake and “In an issue of the News Tribune of the past month was a long news item purporting to give a history of the conflict between a large number of settlers in northern Minnesota and the state, over land claimed by the state under the ‘swamp land act’” A few days before, yeu pub- lished a statement from W. E. Cul- kin, attorney for the state, in which he brands these settlers as ‘liars, speculators, pulp wood men,’ etc., etc. “Both the news item and Mr. Culkin’s ‘statement’ are misleading, not justified by facts, and do the also the decision of the commissioner | settlers a grave injustice] nine-tenths of the general land office, which were both in favor of Porter. The result of this case will no of them being settlers in good faith. Permit me, therefore, space in your valuable and widely circulated news- doubt have far-reaching effect on|paper to give the settlers’ side of the cases which are now “hanging fire” and have been decided by the local United States land office at Cass Lake. Mr. Russell has written a com- munication to the Duluth News- Tribune relative to these so-called “swamp land” contests. The com- munication is in answer to pub- lished letters written by State Audi- tor Iverson and Attorney Kulkin of Duluth, and is as follows: this controversy. “March 12th, 1860, the ‘swamp land act’ was extended to Minne- sota and other western states. Under and by its terms, all lands within the state, then unsurveyed, which were found so low, wet, swampy or overflowed by the government surveyors as to unfit them for cultivation, ‘without any system of artifical drainage or em- bankment’ were to belong to the PORTRAITS An inspection of my photographs will convince you that every photo is not alone an artistic piece of work, but also an exact likeness combired with art. It is appreciated by our most art loving people here. "To avoid the rvsh in the afternoon, remember by my Aristo Lamp I am able to make sittings, not alone during the evening, but also My Studio is the within two hundred miles of here. dark days. only Electric Light Studio Thoss coming in on the evening train can have photos taken and see proof before returning home on the night train. A choice collection of artistic views. -You Ought to See ’Em 'THE HAKKERUP ELECTRIC. AND DAYLIGHT STUDIO state, on the sole condition that the proceeds of the sale thereof would be used exclusively for tbeir reclama- tion, in other words, to drain them. These surveyors were generally hired by men who had secured-the con- tracts from the government for the surveying of the different townships, and were, as a rule, inexperienced and inaccurate ‘graduates,’ with the result that thousands of acres of high, dry land was returned as swamp and almost as much more actual swamp was returned as high land, subject to entry under the land laws of the United States. “Until a few yeas ago, any one who found a tract of land which he considered high enough for agricul- tural purposes, which was claimed by the state under the swamp land law, could contest the claim of the state thereto and could have his ‘day in court’ to prove the character of the land so claimed, and if his contention was found true, the state lost theland. This procedure was changed, however, so that none but an actual settler, residing upon the land at the date of the filing of the plat of the particular township in which the land was located, could initiate a contest against the claim of the state, and it is this change in the rulings of the department which has caused all this talk about ‘speculative homesteaders.’ “The writer is attorney for nearly a score of such settlers, whose homestead claims conflict with those of the state. A hearing has been ordered and had in every instance; the state has procured ‘experts’ to testify to the character of the land from an examination made in tbe winter time, with several feet of snow on the ground, which examina- tion was, according to the testi- mony of the ‘dean’ of this ‘expert corps’ at the rate of one acre per minute. The settler and his wit- nesses testified from an acquaint- ance with the land of several years, at all seasons of the year, with the result that 1n every case the decision of the local land office was in favor of the settler and against the state. “The state appealed to the com- missioner of the general land office and in every case so far decided, five in all, he has sustained the decision ofthe local office. The state has again appealed in these to the sec- retary of the interior, in the hope of wearing out the settler and winning in the end, by reason of the settler’s want of money to longer continue the unequal struggle. “In a number of these cases the witnesses for the state admitted that the land in despute was dry and suit- able for agricultural purposes, yet the state bitterly assailed the settler’s residence and goed faith in order to disqualify him as a contestant under the ruling hereinbefore quoted, and if it succeeded, this would be the F-3445 Fine Gold Set Rings.... 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Elgin or Waltham, 7-jewel in 20-year gold filled case.....$10.00 Elgin or Waltham, 15-jewel in 20-year gold filled case....$12.75 Hamilton, 17-jewel in 20-year case.. @;“‘(:\; Hamilton, 21-jewel movement Ladies Watches Eigin or Waltham, Osize, 15-jewel in 25-year Boss case $20.75 Gifts $3 00 t0 $6.75 CUMMER, .. 2YELER,., Scarf Pins, gold filled. Scarf Pins, solid gold Cuff Links, gold filled. Cuff Links and Scarf Pin to mateh, gold filled................ $2.50 te $4.00 Fobs, high grade, gold filled...$3 50 to $10.00 Vest Chains, fine gold filled $3 00 to $10.00 El, L 0. O. F., Masonic, M. W. A., M. B. A.; Emblem Buttons.....50¢ to $3 00 ..$16.75 ...$28.00 for Gentlemen JEWELER THE ELK GHARITY BALL WILL BE SWELL AFFAIR Committee Laboring to Make the Ball A Swell Function.—Proceeds For Benefit Poor. Preparations - for the annual charity ball to be given by Bemidji Lodge, No, 1052, B. P, O. Elks, are progressing nicely and indica- tions point to a very large attend- ance on the night of the tall, Fri- day, December 17. The decorating committee, con- sisting of 'A. H. Jester, Gus Melges, Dr. G. M. Palmer, M. J. Brown, D. D. Miller, Eric Ives, F.S. Lycan and E. H. Jerrard, have outlined a'scheme for decor- ating the armory that will trans- form the soldiers’ drilling quarters into a veritable bower ot beauty in which the Elk’s colors ot purple and white will predominate, This part of the function is in very capable hands, and those who have received invitations and will attend the dance are assured of very pleasant environments. The com- mittee will . serve refreshments and efficient people will be in charge of the booths where ladies’ and gentle- men’s wraps will be provided for the comfort of the dancers. Masten’s orchestra of eight pieces will furnish music for the dance, and Professor Masten has been drilling his corps of players on some ‘“‘new stuff”” which will be sprung- at the dance. % : It will be necessary for those in- tending to attend the dance to pre- sent their invitations and tickets at the door before being admitted. The local Elks are determined to prevent any undEsirable characters from at- tending this dance and the rule will be strictly adhered to in admitting persons to the armory on the night of ball result—the plat was filed, no one else could contest and the state acquired title to land it was not entitled to under the swamp land act. “Mr. Iverson also takes up the pulp wood cudgel and figuratively pounds these rascally settlers over the head. He says they want to get title so that they can sell the pulp wood and timber ts the pulp men and lumber companies. “Admitting, for the sake of argu- ment, that this is true, who will get the timber if the state gets title ‘to the land? All state lands are ap- praised and the timber thereon esti- mated before sale, and when more than a few fhousand feet of timber is found on a forty, it is sold to the highest bidder. Who will naturally be the highest bidder? Not the poor settler, but the lumber com- panies who have bought up and own the timber on the surrounding lands. “The land itself would not be purchased for half a century and the state does not pay any taxes, while in the first instance the land would be taxed and contribute, in some measure, to the building of roads and school houses. ‘“The state land officials make a plea, ‘to the galleries’ whon they say, ‘we want these lands so they can be sold for the benefit of all the people of the state.” Now it is self- evident that if they are in fact swamp and cannot be cultivated, with the timber sold and mineral rights reserved, no sane man would |pay $5 an acre and upwards for them. “The state spends thousands of | dollars every year to maintain an emigration bureau, yet the fact re- mains, disguise it as much as we | can, that the population of our |state has not increased for a num- {ber of years: Prospective ' settlers go to other states and Canada, and no wonder, when they are offered such a proposition as the state holds out to them. el “The swamp land act, as we have said, provided that every dollar rea- lized from the sale of land awarded to the state.as swamp or overflowed should be expended in draining the same, yet one of the first acts of its land officials, after the passage of | dealer and general promoter and all- the act, was to sell a few hundred thousandacres and with the proceeds, the first state prison at Stillwater was built. _ “Hundreds of thousands of acres were given away to railroad com- panies, the granting of ‘permits’ almost for a song to cut millions of feet from school sections, -the exten- sion of these permits without consid- eration, the winking at wealthy tres- passers, the dismissal of suits against them and the rebating of taxes against them are a few of the inci- dents in the administration of the laws. “In the face of all this, the attor- ney for the state says that the poor settlers who are fighting to get title to a few acres of natural meadow (or which can be easily made - such) together with what is on. it and under it, are ‘liars, thieves and rob- bers.’ “What is the gain to the state if these officials do as they say, ‘save ten thousand acres to the state?” as this land, as we have before said, will be unsalable for half a century or more. Nothing. It will, however, furnish 3 nice campaign argument, something that ‘we can point with pride to.’ Yes you may have saved ten thousand acres to the state, but you have lost ten settlers and pros- pecfive purchasers for every acre that you have saved. “Very respectfully, “P. J. RUSSELL.” Bena’s Merchant Prince Here Yesterday. Ernest Flemming of Bena, one of the most prominent merchants, log- gers and farmers in northern Minne- sota, came over from his home yes- terday afternoon and spent the after- noon and evening here, looking over a prospective job of logging which he may take. Mr. Flemming started a store at Bena when there were but:! few settlers i~ that" vi\cigi:y,,‘a'r_xd Indians, some lumberjacks and Charlie Seeley constituted about the only human habitat around that section. strictly to business, logged some, traded with the Indians and exer- cised considerable diplomacy, with | the result that he prospered exceed: | ingly, and for the past few years he bas had at Bena one of the very best general stores to be found anywhere in this section. He is popular and deserves his success. M. N. Koll in City. M. N. Koll, the Cass Lake land around good fellow, was a visitor in the Pioneer “inner circle” yesterday afternoon. ! Mr. Koll states that the deal that|# has been “hanging fire” between |# Lake and Thomas Bailey of this city for the purchase of the Endion hotel by Mr. Samuel Sutor of Cass Bailey, has been at a ‘“deadlock” during the past few days, there being a difference of some $2,000 between | them on the price to be paid for the |4 st hostelry. Mr., Koll was here for the purpose of closing a deal which he had with local parties which he attended to. Mr. Koll states thathis good wife |8 recentiy presented him witha 9- pound rapher.” “nucleus” K. P. Meeting Tonight. A regular meeting of Bemidji Lodge, No. 168, K. of P, in Masonic hall this evening at 8:30 o’clock, < J -There will be business of import- E ance, and all members are urged || to be present early. ; —D. D. Miller, C. C. Notice to Band Members.. There will be band rehersal at | the armory tonmight at 8 o'clock |} sharp. All membefs are requested to be present, —V_.L. Ellis, « =Manager-Band. |} District. Court Today. - Judge Wright is inthe city from Park Rapids - and is; presiding_at || court, considering a:number. of court {4 cases, . the particulars’ of which will be given in tomorrow’s Pioneer. Card party. and lunch given by St. Philip’s Aid Tuesday _evening Dec. Mr. Flemmiog attended| i for a “stenog. | FATE OF PAUL FOURNIER NOW RESTS WITH JURY Evidence in Murder Trial Was All in at Noon.—Couneil Were to Each Occupy Two Hours in Making the Pleas. _ . Brainerd, Dec. 14—1 p. m.—|and the testimony given by the late (Special to Pioneer.)—The fate of of of Paul Fournier (once conv the murder of N."O. Dabl, has been given a new trial on the same charge) will rest with the jury in the district court here before the Bemidji Pioneer goes to- press this evening; and it is believed that a nd who verdict will be reached without very much of an extended deliberation on the part of the jury. The introduction of evidence for! both the state and the defen concluded at noon, when the de: rested. It was agreed that four hours should be set aside for the arguments of counsel. Mr. Weeks, attorney general’s offics to occupy two hours in making h for the state, and Mr. Scru the defendant,to take the Judge McClenahan was charge the jury, which body w probably retire before 6 p. m. to fin a vérdict, Yesterday afternoon had on thke stand, Jesi Blackduck, J. P. La Cyrus Fournie €ffort to impea by Mrs. Owen mer trial.and 7 from the |, then to Ib se inter was Owen Fournier at the first trial and which was read by the court reporter. Cyrus Fournier testified that his brother Owen had told him, in the presence.of his (Cyrus’) wife, that he wenld get even with Paul if it took him the remainder of his life; ' this talk being at the conclusion of a row between Paul and Owen. Mrs. Fournier corroborated the testimony given by her husband. A, Carter of Bemidji, who cen acting as deputy sheriff Beltrami county, testified that he served a subpoena on gene Caldwell (an important ness for the state) to testify at I Caldwell had said ul Fournier was set free i) would ‘go man- terest has been shownin r trial, the court room z crowded at all times. Brainerd, Dec. (Spe 14—9 a. m.— 1 to Pioneer. )—Paul Four- on the witness stand behalf yesterday after- al for the murder of emphatically denied ed- the crime or d commit it. that four of the who had sworn to Received at B Dated Minneapo of-way .at once. To W. L. Brooks, Pres. Commercial Club. Start vacation and remon ! of buildings on right- —THOS. GREENE Chief Engineer, Soo R. R. What would if cost you THINK OF {o build & house today? " HOUSES AS LOW g AS $50 Look over this list of buildings==-= Budley Ne. No. No.. - No. . No. . No.-13==Third st t, McLeroy house you may find just what you want house . . ... ., .. $250 .. 250 300 400 50 150 450 350 650 400 150 Ask or Write for 14th,, in St. Philips' church-base ment. Tickets 25 cedts. iore Information A.H. JESTER BEMIDJI, MINNESOTA