Bemidji Daily Pioneer Newspaper, December 15, 1909, Page 4

— Here is a present that will delight the boy’s heart. What boy does not want a watch? “THE ATMERICAN” BOY PROOF 8 Price $1.00 : CHAS. L. CUMMER 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. JEWELER Postottice Corner Bemidjl my Aristo Lamp I am able to make sittings, not alone during the evening, but also dark days. My Studio is the only Electric Light Studio within two hundred miles of here. Those 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 To avoid the rush in the afternoon, remember by * s |ORDERS GERTIORARI WRIT | - DISMISSED, AS EXPEGTED property, and assessing damages therefor, making special ass essment against . a man’s property to pay for local improvements, determining contested election cases and other similar cases, e “In the case at bar there is nothing of this character. There is no con- troversy, no notice to ‘any one, .or hearing of any nature required or given, and determination of the rights of parties. “It is the contention of the peti- | tioner that the city council. in this MAJESTIC THEATER - EDW, CURREY, MGR. Latest and Best Moving Pictures PROGRAN--TONIGHT 1. The Restoration Dramatic 2. Illustrated Song “When You Know Your Girlie Loves You” 3. Mountainer’s Honor & Emotional ADMISSION Children 5c., Adults 10c. 3 SHOWS NIGHTLY 3 7:30, 8:30, 9:30 } Copyright Hart Schaffner & Marx OU’VE absolutely nothing to be afraid of when you come here to buy clothes; we'll show you our special Hart Schaffner & Marx suits andjovercoats, and give you the most positive kind of a guarantee of satisfaction. That means that you'll get all- wool fabrics, tailoring that keeps its shape, style that is the smartest, latest model; and a fit pleased with. that you'll be -fully If you dont get all these here you dont get enough. We'll give you back your money if you're not satisfied. Suits $20 to $60 Overcoats $20 to $45 This 1s. the h store ome Of Hart Schaffner & Marx clothes Mo' Clothing House Most Exclusive Christmas Gifts for Men ancl BOYS [Continued from First Page.] M case ‘acted without authority, that the ‘resolution adopted: in ¢ éffect granted to the railway company a perpetual franchise, as that term is defined by the city’ charter, which it had no right to do under the statute and charter, that such act was, “Ultra Vires,” and therefore void. *Conceding this contention. to be true, then there would appear to me to be no necessity for this writ. “'State vs. Mayor, 34 Minn, 250. *“Locke vs. Select Men, 122 Mass. 290. - “State vs. Lamberton, 37 Minn, 362, “In the Magsachusetts case above cited, a case very similar to the one at bar - Justice Gray. said, “The doings.of the Select Men were there- fore . merely void, they require -o writ. of Certiorori to -set them aside, and do not bar the petitioner remedy by action.” “Judge Dickenson, in thé case of State vs. village of Lamberton, said that the writ of Certiorari will not be granted for the purpose of reviewing such ‘nugatory paoceedings. This SPECIAL SALE THIS WEEK ~ of Genuine Hand Painted China was a_case where the council ex- ceeded its authority. “In all these cases the acts com- plained of were done under color of authority. As to. the second question, that of the peculiar interest of petitioner, necessary to qualify him to invoke certiorari proceedings, there seems to me to be no necessity of further discussion as the cases heretofore cited have fully discussed this phase of the case. It may be proper how- ever, to state that throughout his petition, petitioner has specifically classed himself so far as the injury he claims to suffer is concerned with the public. at large, he states as follows: “‘That the street or road hereto- for mentioned is the only street or road for petitioner together with the general public to travel. ** ‘That it is necessary for peti- tioner together with the general public to ride or drive teams thereon. “ ‘That the granting of the right to the Railway impairs the usefull- ness of said road and makes it obviously dangerous for the peti- tioner and the public.’ “He has, to be sure, asserted some ihterest péculfar to himself as the owner of real estate at both ends of the road, but there is nothing to show that there are not a great many others similarly situated. “Asto the third question, if the resolution is void as excess of author- ity, there can be no doubt as to the availability of other remedies; more- ever, it seems to me that all the difficulties may and no doubt will be remedied in the near future by action of the city in providing a road as good as the old road and probably better. “There is one other point that has occured to me bearing upon the first question, it is this, that the act of the council in requiring the Rail- way Company to file a written ac- ceptance of the grant with all its conditions, and the filing of such ac- ceptance by the company, con- stitutes a contract, that the making of a contract can not in any way be/| judicial in its nature and therefore not subject to review in certiorari. “B. F. Wright, Judge.” Notice of Bids For Wood. Sealed bids will be received by Independent School District of Be- midji for the purchase of 400 cords of green-cut jack-pine and tamarac cordwood, sawed ends, to be de- livered on grounds of schoolhouses in Bemidji, Minnesota on or before April first, 1910, Bids for lots of 50 cords, or more, will be considered. . Bids will be opened at a meeting of the School board to be held at the office of the Clerk in Bemidji, Minnesota December, 22nd, 1909, at 8 p. m., and should be ‘addressed to Graham M. Torrance, Clerk. 7tD—First Dec. 15 last 21 Notice. The Bemidji Steam Laundry is now moving into its new location, at the corner of Beltrami avenue and Second street: The work of removal - will require | about a week, and during that time our laundry work will be: cared for by the Grand Forks Steam Laundry. We will collect all work.as usual and respond to all calls that may be made by patrons. ’Phone 195. " J.J. TRASK. John E. Wright returned this morning from Blackduck, where he had been doing some work for the Grand Forks Lumber company. An Exquisite Line of Fine Art Goods at popular prices, artistic shapes and designs, decorated in a variety of patterns, by up to date artists, especially for our retail trade. BAKER LINE No. 775, Plate, “ “ No. 778, Plate, “ No. 202, Plate, red currents No. 200, Plate, wild rose.. No. 441, Cake Plate... No. 618, Vase, violets. No. 773, Plate, assorted decoration. ........ $1.25 each No. 627, Sugar and Cream....................$4.50 pair 150 No. 629, Salt and Pepper :;g m No. 621, Salt and Pepper, gold tops,.. « No. 633, Salt and Pepper, gold tops L and scroll “ No. 480, Hat Pin Holder (violets) These Pieces will not last long at the Above Prices. We save you the Middle man’s Profit. 116=3rd Street GEO.T. BAKER & CO. Near the Lake NO MORE TROUBLES AT ERIGKSON LAKE BRIDGE M&L Railw;y Has Built Practically New Bridge at the Bothersome 0id Sinkhole. The M. & I. Railway company is now running trains over the famous Erickson Lake bridge, the bad condition of which, during the past fall and early winter, caused the company much inconvenience, diffi- culty in operating trains and no end of hard work in trying to place the structure on a substantial foundation. Practically almost a new bridge has been built at the site of the old bridge, much piling and other heavy material having been used in making ‘the new bridge a permanent struct- ure. - For some time previous to the ‘permanent repairing of the Erickson Lake bridge it was necessary for the M. & L to- transfer passengers and express, and for several days no freight trains were run over the bridge. By the putting in of heavy piling and strengthening the bridge at both ends, the structure has as- sumed permanency and no trouble whatever is experienced in running trains over the bridge at normal speed. The trouble being over at the bridge, freight shipments are being moved with a little more regularity, and there is peace and harmony “allalong the line” of the M, & L. STABILITY OF THE FIRE WARDEN LAW ATTAGKED Case in District Court Raises Point of Constitutionality of the Patrol Provision. The constitutionality of the state fire warden law of 1g9og is attacked in a suit which is pending in the district court of this county, and which was considered by Judge Wright in this city yester- day. The case arose from the arrest of officials of the Crookston Lum- ber company by a state fire ranger, on the charge of not properly patroling the the right-of-way of therr logging railroad which extends from wilton to Island lake. The case was tried in jus- tice court at Wilton, and the state’s case was presented, when the defendant appealed to the dis- trict court, setting up the claim of unconstitutionality of the law, relative to patroling right-of-way. John P. Coleman of St. Paul, special attorney for the state fire warden's office, and E. E. McDonald of this city appeared in court yes- terday and submitted arguments on the case. Judge Wright is officiating at an adjourned term of the district court, to try court cases. The calendar was called yesterday and cases set for trial until January 11. This morning, a number of de- fault cases were considered and orders will be issued therein later. SURGECNS OPERATE UPGN KING LEOPOLD Aged Monarch Undergoes the 7 Ordeal Successfully. Brussels, Dec. 15.—King Leopold was operated upon successfully. The surgeons found no trace of a tumor, the presence of which in the intestines had been feared. His ma- Jesty’s trouble was due to a simple ob- struction. The king is resting quietly. The king passed a good night and faced the operating table bravely until the doctors prepared to administer the anaesthetic. In their efforts to calm the aged ruler physicians assured him that the operation would not be dangerous, though it is known they feared the king would succumb during its per- formance. The only member of the king’s household who was permitted to see him before the operation was his fa- vorite daughter, the Princess Clemen- tine, who comforted her father, but when she left him he swooned and was revived with difficulty. Despite the encouragement held out by the physicians the public believes the operation will furnish byt tem- porary relief and that Leopold will never recover. Found Guilty of Embezzlement. Olympia, - Wash., Dec. 15.—Ortis Hamilton, former adjutant general of ‘Washington, was found guilty by a jury of embezzling state military funds. Hamilton was convicted of ob- taining $1,800 by forged vouchers. Several other charges are pending against him. He is accused of embez- eling $50,000 belonging to the state. PILES CURED IN 6 TO 14 DAYS. " PAZO OINTMENT 1s guaranteed to cure any case of Itching, Blind, Bleeding or Pro- New-Gash-Want-Rate ',-Gent-a-Word Where cash_accompanies copy we will publish all “Want Ads" for half- cent a word per insertion. Where cash does not accompany copy the regular rate of one ceuta word will be charged. EVERY HOME HAS A WANT AD For Rent--For Sale--Exchange --Help Wanted--Work Wanted ==Etc.--Etc. HELP WANTED, WANTED—6 high school girls to write news items. Call at this office. WAN TED—Good girl for general hou sework. Three in family. Ph one 172. FOR RENT. FOR RENT—Hotel Blocker. Pos- sesion when wanted. Apply at Hotel. FOR SALE. FOR SALE — Carload of sound horses, four to seven years old, weight 1500 to 1700 pounds. O’Brien Land company, Grace- ville Minn. FOR SALE—Four-room cottage for sale, or will rent furnished or un- furnished. Address ‘‘Renter,” Pioneer office. FOR SALE—Good work horses. Will sell cheap. Inquire at my barn, rear of Postoffice block. S. P. Hayth, FOR SALE—Rubber stamps. The Pioneer will procure any kind of a rubber stamp for you an short notice. FOR SALE—A No. 5 Oliver and a No. 7 Smith-Premier typewriter. Inquire at Pioneer office. LOST and FOUND LOST—A bunch of keys. Finder please leave at Peterson’s, MISCELLANEOUS B S VLIRSS WANTED—To buy a well built house of 6 to § rooms with two or more lots. Will pay cash: If you have such a place for sale, give number, size of house and rooms and price asked. Address Buyer, care Pioneer Office. PUBLIC LIBRARY—Open Tues days, Thursdays and Saturdays 2:30to6 p. m, and Saturday evening 7:30 to 9 p. m. also. Library in basement of Court House. Mrs. Donald, librarian WANTED—To buy, 50 Ibs. of clean washed rags. Will pay 5 cents per pound. Call at or phone this office. 402 Beltrami Ave. gruding Pllesin 6 'to 14 days or money re- funded. 50c. WANTED—Place for young gentle. man to work for board and room. Inquire of Prof. Ritchie.