Bemidji Daily Pioneer Newspaper, December 17, 1909, Page 1

R | THE BEMIDJI DAILY PIONEE VOLUME 7. NUMBER 206. PARL.ONE r"—-—E—:‘D-—““""‘S MINNESOTA | HISTORICAL SOCIETY. . | : BEMIDJI, MINNESOTA, FRIDAY EVENING, DECEMBER 17, 1909. TEN CENTS PER WEEK. STATE AUDITOR ANSWERS LETTER OF P. J. RUSSELL Explains Methods Followed in Defending ‘“Swamp Land” Contests.—Desires Only to Set the Public Right as to the Real Condition Existing. State Auditor Iverson, who was here yesterday and last night con- ducting a sale of state stumpage for Beltrami county, has given out the following reply to the lefter of criti- cism which P. J. Russell of this city, attorney for many of the settlers in the northern “swamp lands,” wrote to a Duluth paper attacking the policy pursued by the state auditor’s office in the so-called “swamp land contests:” "I have read the article prepared by P. J. Russell, Esq., regarding swamp land contests. He com- plains of legislative acts 30 to 44 years ago giving swamp lands to help build railroads; that the state did not sell its swamp lands and use the proceeds for reclaiming them by drainage; that the state is not warranted in defending the con- tests against settlers. “He gives me too much credit for the personal efforts I may have exerted. It is evident that learned lawyers do not fully comprehend some phases of these swamp land matters. “I should like to advance a few thoughts that I hope may clear up some details that appear to be mis- understood. “First: The state did not begin any swamp land contests. We are always on the defense. “Second: The state does not select the swamp lands. From the field notes oi the surveys made by the surveyor general those tracts shown to be swamp are placed in a selec- tion list and, with a copy of the township plat, is sent to the state auditor, the local U. S. land office -and the general land office at Wash- ington. “If the swamp selections are found to be free from conflicting claims and the swamp character is verified by the field notes, the commissioner of the general land office prepares a list for the approval of the secretary cf the interior, who sends it to the governor. “The governor acknowledges receipt of the list and requests the secretary to cause a patent to be issued. In due time a patent is sent to the governor, when the state’s title is completed. That is the method of selecting swamp lands for the state. “I wish to call attention to this— that the State of Minnesota and its -officers have absolutely nothing to do with selecting the swamp lands. We only receive those descriptions which the federal officers decide are swamp and belong to the state under the act of March 12, 1860. “An intending homesteader or scrip-entry man may, before ap- 1proval or patent, contest the selec- tions made for the state, if he has a quarter on the land before the township was surveyed. The burden of maintaining the defense is on the state. “If the land is in fact swamp, as proven by an investigation in the field by competent land examiners, it should go to the state. If itis found to be not swamp, the state’s side of the case is promptly dropped and the settler or claiment wins as a matter of course. “The people have placed me in -charge of the state’s landed interests, and have a right to expect that I will defend their lands from any -attack, or as the law directs, to the extent of my ability. If I should default in making a proper defense at the hearing before the local land offices, the state would lose in every such instance. This would be equivalent to a relinquishment or conveyance of the land in question direct to the contestant. “Surely no one, and certainly no attorney at law, would presume to say that the state auditor possessed the authority to thus convey lands belonging to the state. “On the contrary, if the land is proven to be dry, the contestant is the victor, but in such cases the state’s interests will have been pro- tected, even though a loss of land results therefrom. No one desiring only right and justice will contend that the state auditor should not use every honorable effort to defend these swamp land selections. “Third: It is exceedingly fortun- ate that the state did not sell its swamp lands outright as did other states I could mention. I know of ten forties of swamp land on the Messaba range that are on the assessment rolls for about 40,000,000 tons of iron ore and the state will receive over $10,000,000 from those tracts alone. “We have about 200,000,000 tons of iron ore estimated on swamp land alone. This great sum goes one- half to schools and the remainder for the support of state institutions. “That would all have .gone into private hands if the state had sold the l]ands. We are now spending $100,000 a year to reclaim the swamp land by drainage, more than ever in the history of the state, and this good work will continue for many years. “Finally, my suggestion is that instead of criticizing the state auditor for upholding the law and defending the state’s lands from attack, or attempting to do so, the friends of northern Minnesota should get together and try to solve some of the questions involving the wel- fare of this great undeveloped empire. “Perhaps new laws are needed. The entire state will approve any sound, practical method that may be proposed. “For myself I may be permitted to say that whatever of talents I may possess have always been and will continue to be at the service of the friends of northern Minnesota and every other district and for the promotion of a united and harmoni- ous greater Minnesota.” “‘Blaze Was a Small Affair. Sister Benedict, St. Anthony’s Hospital: “The small blaze of which mention was made in yesterday’s Pioneer was really an insignificant affair, and caused no damage what- ever. A workman was trying the gas plant, and whenja match was palced near a leak there was a small explosion which frightened those near the- leak, The blaze was a small affair.” Moral: Insure with the T: J. Miller Insurance Agency. BUY ICE BY THE LOAD. We delieverice direct from the lake to any part of the eity. Bemidji Ice Co. THE CHRISTMAS SPIRIT. : [CONTRIBUTED] Long ages past the Good Man' came, To bless and help the halt and lame, To hearld forth Peace and Good-will; And share with all their good or ill. That hell and strife and war should cease, And jealous hate received His ban, || *Twas He that taught His brother man II That brotherhood should hence increase. Or social casts its serfs create--- *Twas freedom in all hearts the same; II *Twas not His wish that Mammon reign, And for all men a peaceful fate. And thoughitlessly forget the poor. "Tis sham to pray, “Save ‘me’ from ill,” We dare not sing of Peace, Good-will; || Let us no longer mock His name, Indulge no more in babbling sound, || Then drive the needy from our door. Or prate of brotherhood in vain, Let all for each, and each for all, But make it real he whole worle round. II This Christmas-tide our practice be; Shall share this season’s blessings free.” Transcendent truths! Such aims ideal! II And say, “Patricians, plebians all, “ L= Should swell the human breast with pride, And make us labor for the weal Of friendless homes this Christmas-tide. --BY DAGONET. _=—_='—!I INDEX TO ADVERTISERS. PAGE 2 — T. J. Crane & Co. PAGE 3.— Gill Brothers, PAGE 4.— Berman Emporium, PAGE 5.— Geo. T. Baker. ‘The Model Bakery. Peoples Meat Market. PAGE 6.— State Land Department. Charles L. Cum mer. Bemidji Commercial Club. PAGE 7.— The Bazaar Store. The Hakkerup Studio. Majestic Theater. T. Beaudette. PAGE 8.— Roe & Markusen. 0‘Leary-Bowser Co. The Bemidji Provision Co. PAGE 9.— The Model Clothing Store. PAGE 10.— Lumbermens National Bank. Given Hardware Co. PAGE 11.— Brinkman New Family Theater. PAGE 12.— E. A. Barker. Bemidji Auto Co. Want Ads. PAGE 13.— Cormanton & Hanson. PAGE 14— E. A. Barker. PAGE 15— Arthur N. Gould. PAGE 16.— City Drug Store. M. N. Koll. W. G. Schroeder. Jobbers and Wholesalers. PAGE 17.— S. P. Hayth. Bisiar & Murphy. Harry Masten. Professional cards, Occident Flour. Douglass Lumber Co. Northwestern Telephone Ex. Co. Electropode. Bemidji Townsite Co. PAGE 18— Schneider Bros. Clothing Co. PAGE 19.— Larson & Larson. PAGE 20.— 0'Leary-Bowser Co. Bemidji Brewing Co. J. C. Ayer Co. EVERYTHING READY FOR ELK BALL THIS EVENING Armory Has Been Beautifully Deco- arted.—There’ll Be Fine Music and Generous . Hospitaity. Everything is in readiness for the event of the season in Elk circles— the annual charity ball, Don't Forget the Dance, “Bill." which will be given at the Armory, under the auspices of Bemidji Lodge, No. 1052, B. P. O. Elks. H. Jerrard, chairman of the execu- tive committee, who has been ably assisted by other members of the local lodge, the Armory has been decorated in such a finished manner that those who have been privileged to “take a peep” in advance pro- nounce it about the swellest “bower of beauty” ever provided for a soc- ial function in this city. Elks’ colors predominate, and the purple and white color scheme has been worked out on a very extensive scale. No one will be admitted to the hall who has not an invitation that has been given by a member of the order in good standing, and door- keepers have been provided who are instructed to observe this rule strictly to the letter, so that there will be no possibility of any un- desirable parties attending the affair. i The program of dances, prepared by Mr. Jerrard and printed by the Pioneer Printery, is certainly a “taking” folder. “On with the dance; let joy be Under the able leadership - of E. |unconfined!” FOURNIER WILL BE TRIED * FOR AAGOT’ "| Has Pleaded “Not G;xilty" to Charge, and Retains Charles DAHL MURDER Secrutchin to Conduct His Defense.—Fournier Wears ] an Air of Extreme Confidence. Paul Fournier, who was recently acquitted at Brainerd of the charge of having killed N. O. Dahl, was brought into the district court here yesterday afternoon in custody of Sheriff Hazen to answer to the in- dictment returned by the grand jury of Beltrami county at the term of court held in March, 1907, which indictment charged Fournier with murder in first degree—the killing of Aagot Dahl. The indictment is as follows: “That the said Paul Fournier, on the 7th day of April, 11904, at the Town of Quiring, in the county of Beltrami, State of Minnesota, did then and there, without authority of law, with malice aforethought, and with a premeditated design to effect the death of the person killed, to-wit: one Aagot Dahl, killed said Aagot Dahl by shooting her with a rifle, a more particular description of which said rifle is to this grand jury un- known, and by crushing her head with some instrument, a more parti- cular description of which said in- strument is to this grand jury un- known.” W. N. Bowser was foreman of the grand jury and the indictment was returned on the 21st day of March, 1907. The records were examined, and it was found that Fournier had been arraigned on March 22, on the charge of having murdered Aagot Dahl, and at that time he pleaded “not guilty.” This point having been decided, Judge Wright took up the consider- ation of an applicattion filed by Fournier requesting the appointment of Charles W. Scretchin as his attor- ney to handle his defense in this case. Tudge Wright had Fournier sworn and then questioned him concerning his ability to hire counsel. Fournier claimed that he had ro means of his own and knew of no friends who could furnish funds for the employ- ment of an attorney. Judge Wright caused an order to be issued appointing Mr. Scrutchin as attorney for Fournier, after which Fournier was remanded to the cus- tody of Sheriff Hazen and lodged in the Beltrami county jail, where he will await the action of County At- torney McKusick in this matter. Eugene Caldwell, who has always been very prominent in the previous trials of Paul Fournier and Wesley, was présent at the court room when Fournier was arraigned. Mr. Cald- well seemed quite nervous and watched the proceedings closely. Fournier is the picture of good health. He seemed happy over the result of the trial at Brainerd and expressed confidence at the outcome of the present trial. The killing of Aagot Dahl was one of the most revolting and dia- bolical crimes in the history of Minnesota. With confidence in the protecting arm of the good God above, the unsuspecting young woman lived alone with her aged father on a claim many miles from any settle- ment and no neighbors living in close proximity to her cabin. She was cruelly killed by being shot with a bullet from a large-cali- bre rifle, and to make the crime more brutal, her slayer beat in the back of her head, thus mutilating her features in a horrible manner and completing his fiendish work by making sure that life was extinet in the frail body. THE REAL XMAS STORE. IS FLOYD BROWN'S STORE Everything in Toys, China Ware, Books, Tree Trimmings, Pictures, Etc.— Gift Selections Made Easy. The one store in this city that presents itself in an exclusive holi- day attire is Brown’s Toy and China store. This store is prettily decorated with trimmings for Christmas trees and room decorations. The splendid assortment carried in this store should make shopping a pleasure. Among the many things to be found here are fancy china dishes, the Doneth line of handpainted dishes, German Austrian and French china. ' The dinner patterns consist of Haviland ~china, Austrian china and a complete line of Homer Laughlin ware. Another line in which this store leads is toys, dolls, notions, etc. In this stock you:can find a gift-for every child, boy or girl. This de- partment is visited by the children to a large extent and it makes their little hearts glad to behold such splendid array of Santa Claus’ var- iety. . ) 5 Among the gifts for the older people . Mr. Brown carries a large line of books. Among this extensive Southworth, Carey, Mead and Ellis as authors. There is probably no more acceptable gift to give or receive, than a book. This popular store is located at 317 Beltrami avenue and the pro- prietor is just as popular as the store. : To behold this stock at this sea- son of the year is a sight for sore eyes. You cannot afford to pass up this store when making the rounds. Cass County's Popular Attorney Here. Richard Funck of Cass Lake, the popular young county attorney of Cass county, came to the city yes- terday afternoon from Cass Lake and appeared as attorney in a case in district court here. The case was that of Wenzler vs. Wenzler, wherein John Wenzler sued his wife for divorce, alleging cruel and in- human treatment. Mr. Funck ap- peared for the plaintiff. The case was continued for six weeks because of a technicality as to jurisdicsion. Mr. Funck is one of the youngest attorneys in northern Minnesota. ‘He has made his home in Cass Lake for some time past, and by sheer force of his efficiency as a lawyer and his sterling worth as a man, has pushed himself into the front ranks of legal fraternity of this section. Mr. Funck is making a very accept- able county attorney for Cass; in fact, nonelwho have preceded him have looked after the legal affairs of Cass county with any .more degres line we will find Algers, Webster, | of efficiency than has Mr. Funck,