Bemidji Daily Pioneer Newspaper, February 24, 1910, Page 1

THE BEMIDJI DAILY PIONEE © Hlstoric al Soclety: HISTORICAL OCIETY. VOLUME 7. NUMBER 263. BEMIDJI, MINNESOTA THURSDAY EVENING, FEBRUARY 24, 1910.- TEN CENTS PER WEEK. STATE FIRE WARDEN LAW Wil Jointl IS UNCONSTITUTIONAL () Judges McClenahan, Wright Arguments for and Against the Validity of the Law The constitutionality and valdidity of the state fire warden law of 1909 was vigorously attacked here| yesterday, in district court, before Judges McClenahan, Wright and Stanton, sitting jointly to hear argu- ments of counsel in some six cases | of the State vs. various railway com- | panies, the latter being charged| with baving violatad certain sections ! of the fire warden law, more particu- larly the ‘‘patrol” section, the cases baving been decided in the lower justice or municipal court adversely to the railway companies, and hav- ing been appealed to the disuicti court from three counties in the Fifteenth Judicial district. The particular section on which is based the attack as to constitutional- ity of the act is that which requires railway companies of the state “in dry seasons toemploy at least one patrolman for each mile of its road| through lands liable to be overrun by fire to discover and extinguish fires occurring near the line of the road, by which is meant a distance within which a fire could usually be set by sparks from a passing locomotive.” C. A. Hart of St. Paul represented the N. P. Railway company, on two cases from Crow Wing county, R. J. Powellof Minneapolis represented the M. & R.R. Ry. on a case from Itasca county. Judge W. M. Steele of Superior was counsel for the G. N. railway, one case from Itasca county, E. E. McDonald of Bemidji repre- sented the Crookston Lumber com- pany on a case involving that com- pany’s road which extends from Wilton to Island lake, in Beltrami county. John P. Coleman of St. Paul acted for the state as the special] representative of State Fire Warden C. C. Andrews, and Frank F. Price of Grand Rapids sat with Mr. Cole- man, as prosecuting attorney from Itasca county. Prior to hearing of arguments, it was agreed that the hearing involved the constitutionality of the law and did not have any bearing on any other phrase of the suits. The principal contention of the attorneys for the roads was based on these grounds: That the state fire warden law of 1909 violates the provisions of the state constitution, in that no act shall cover more than one subject, which subject shall be expressed in its title. That the law is invalid, uncertain and indefinate in its provisions and terms as a penal statute, because acts | indefinite, uncertain and not under- and Stanton, Jointly, Heal: of 1909. attempted to be made criminal are ! [§3 not defined with sufficient definite-; ness. That the law violates the 14th amendent of the counstitution of the United States, in that it takes away property without due process of law, not being a reasonable exercise of the police powers of the state. ! And in the case against the Crook- i ston Lumber company, that com- pany’s road is not a commou carrier, and hence the law is class legislation in its bearing towards the road. The counsel for the railway com- panies claimed that the law was so standable to a degree of being unen- forceable, and actually void for un- certainty. The law if enforced would require the railway companies to have a man on every mile of their roads every hour in the year; and Judge Steele claimed, in the case of the G. N. company, which owns some 3,000 miles of track, the cost to that company of maintaining patrolmen in compliance with the law would entail an expenditure of some $6,500,000. The point was made that the law required the railway patrolmen to 2o onto the lands of private parties and ascertain the conditions of those lands with reference to a dry season and to extinguish fires on those lands—actually. become a tres- passer. The counsel for the companies contended that the law was exceed- ingly uncertain in its requirements of a “dry season” and left too much to be determined by guess work, and also that the distance to be covered by the patrols in determin- ing what constituted where’ sparks from a locomotive would ‘“usually cause fire.” Mr. Coleman, fcr the state, con- tended that the supreme court had ruled that such a law should be very liberally construed, and that the fire warden law of 1909 was suffici- ently certain and definite as to be easily construed so that the “lay- man” very well knew beforehand whether he was committing a crime or not, in the case of setting fires or neglecting to extinguish such fires. Many authorities were quoted, by both sides; and the decision of the judges will be rendered as soon as they can again get together and disucss the different phases of the arguments that were presented. The decision which will be ren- dered by the judges will have a far-reaching: effect, in that if the rons. is due And if chase Or THE PRESCRI French’s Toilet Gream| Isthe delight of the fastidious and the firm friend of the refined Its soothing and satisfying re- sults in case of chapped hands, chapped skin, chapped lips, skin roughness, etc.,, are known and appreciated by an army of pat- ble toilet requisite. Its wide sale real value make a specimen pur- The price is easy—only 25c. COUPONS. CITY DRUG STORE It is really an indispensi-, altogether to its merits. you wish to appreciate its of our TOILET CREAM, brilig in your GREEN y Pass on Constitutionality of State Fire Warden Law of 1909 JUDGE W. B. McCLENAHAN. JUDGE B. F. WRIGHT. JUDGE C. W. STANTON. decision is to the effect that the law is unconstitutional and invalid, and is so held by the judeges, no appeal can be taken to the supreme court by the state. However, should the decision up- hold the constitutionality and validity of the law, the defendants may appeal to the supreme court. DISTRIGT GOURT TODAY Litigation in district court is being disposed of very expeditiously, under the guidance of Judge McClena- ban, who is presiding at the present term. A number of cases were dis- posed of this morning, several being continued, a few setiled, and one stricken from the calendar. Judge McClenahan stated that be expected to be able to.take.up the trial of criminal cases early next week. Paul Thompson, who lives near Pitt postoffice, northern Beltrami county, in the Baudette district, was arraigned in court this morning and plead not guilty to the charge of assault in the first degree. Itis al- leged that Thompson shot Hazel Farrier, on Hallowe’en night, last November, while the girl was a mem- ber of a charivari party which made exceedingly merry in front ot Thomp- son’s hou.e, the Ilatter becoming angry and shooting into the crowd with his rifle, the bullet from the gun hitting the Farrier girl in the arm. Farrier was subsequently arrested and held to the grand ju-y, giving a bond in the sum of $750 for his appearance before the jury, which body returned 2 true bill against him, yesterday, charging assault in io the first degree. This morning, through his attor- ney, Thompson plead not guilty; and his case will be one of the first tried when the criminal -calendar is taken up. His bond, in the sum of $750, was continued. Judge McClenahan administered a gentle reminder to the members of bar to the effect that they had better consult the court a litile more definitely in the matter of - setting cases, and there would be no couflict of litigation. It is thought that the damage cases of T. R. Symons and J.P. Pogue against the G. N. railway will be tried sooner than was at first agreed upon, March 11th having been agreed as the earlist date. If the calendar is cleared as rapidly as it was today, the cases will be reached sooner than 11th proximo. The court ordered that J. F. Gibbons of Bemidji be appointed assistant - county attorney for this term of court. . The grand jury, yesterday after- noon, returned a true bill- for assault in the second degree, the name of the party indicted being secret. The case of Thos Maloy, city clerk of Bemidji, vs, the City of Bemidji, was called up this fore- noon. The jury was called and waived before being sworn. Mr. Maloy testified in his own behalf and documentary testimony was introduced, and when arguments had been concluded, the case was taken under advisement. This is PTION 'STEBE [Continued on Last Page.} EIGHT PEOPLE ONBILL AT BRINKMAN THEATRE Cozy Smith and Her Picanninies, Miss Valoris and Harry Valoris Show Tonight. Cozy Smith and her five picannin- ies will tonight open an engagement at the Brinkman Theater. This is one of the best acts on the Ameri- can stage today. The Fargo Call says of Miss Smith and her minstrel boys, who played at the Bijou Theater in that city: “Cozy. Smith, "and her five picanninies which opened at the Bijou last night; offers an act which made a big- hit with. the patrons of that theater. Miss Smith and her Ministrels were given applause at the first show last evening, which was onlyglitlle short of being an ovation. *‘Behind Miss Smith’s appearance 1 vaudeville there is an interesting story. Several years ago, about ten to be exact, Cozzette Smith wasa little girl with a big place in her heart for music, and an earnest desire to study for the concert stage. Her ideas of the concert stage were rather vague, but she pictured her- self as rising from a big grand piano to receive the plaudits of many men and women in eveniug dress. “For a long time she studied the piano with a local music teacher, until she learned about all he could teach her, and then one day she was fourteen, Miss Helen Gould came to San Antonio, Texas, where she lived. Without consulting her parents or friends the girl called on Miss Gould and told her what she wanted to do. “The wealthy yourg woman, whose gifts to various philan- thropic institutions have made her famous all over the world, was so pleased with the appearance and the playing of the little girl, that she agreed to give her a musical education. Accordingly Cozette Smith, packed her .duds and en- tered the conservatory of the St. Louis University where she gradu ated with high-honors after three years of study. * ‘I found that I could net qualify asa concert pianist however’ said Miss Smitb in telling the story, ‘and I began to compose music of songs. Several ‘of them bhave been pub- lished. Later it occurred to. me that if I could pick up a number of picanninies, real darky youngsters, who could sing as if they enjoyed it, the act would be received well in vaudeville. Accordingly I began trying the voices of a number of little black youngsters. So well has my act been received that I have remained.there for four years, and I intend remaining there for as many more.” In addition to the above, which is a whole show in itself, Miss Valoris, saprano singer and pianist, will appear on the bill. Harry Valoris, the famous mimic, will put on several inimitable stunts. There are eight people on the bill at the Brinkman and the show. is by far the best ever put on at that popu- lar place of amusement. lispecting Handling High Explosives. H. B. Eyade of St Paul, special agent of the government who has charge of the inspecting of the manner in which dynamite and other high explosives are handled m this section of the state, has been in Bemidji today, inspecting the railway offices and also con- sulting with Jocal merchants and shippers relative to the handling of the explosives, There have been no complaints lodged here relative to the handl- ing of explosives; and it is more than likely that Mr. Eyade found everything satisfactory relative thereto, $200 Fire This Morning. - Fire, this forenoon, caused a dam- age.of some $200 at the home of Mike Downs, 506 Fourth street. The fire originated from an over- heated chimney avd spread to a part of the garret, damaging the upstairs somewhat and also turnicg some in the partitions. "The fire departmment responded- promptly to the alarm and subdued the flames before any great damage was done. 5 Moral: Insure with the T. J. Miller Insurance Agency. Band Rehearsal. There will be a band rehearsal tonight at the armory. It isespecially desired that the entire band turn out, INQUIRIES ARE POURING IN FOR LANDS FOR SETTLERS 'W. R. Mackenzie, Secretary of Northern Minnesota Development Association, Receiving Many Inquiries Since Recent Convention. At this early date, the farmers of {and summer. other states have already taken cognizance of the development | meeting held in this city February 17 and 18. A letter addressed to the president f the Northern Minnesota Develop- ment Congress, Bemidji, Minn., has been received from a party in Plymouth, Iowa, stating that he noticed in the Mason City news- papers an article stating that there was plenty of room in northern Minnesota, and that the land was good agricultural land and that there was plenty of room for setilers in this community. The. party also asked information regarding the whereabouts of the government lands on which claims might be filed and 1nformation in general regarding the settlement of the land in this territory. What a good live real estate man could _ accomplish for 1his coun- try as well as for himself can bardly be realized. ~ There are thousands of people who want to come, but they do not know where to come. It's up to the land dealers in this community to make, it known. It seems certain that the migra- tion wave is coming our way. According‘ to good reliable informa- tion from immigration authorities and experts, Beltrami county, as counties, aré due to receive a great influx of settlers this coming spring REAL CAUSE OF EARLY MASSACRES BY INDIANS Sensational Picture of Aboriginal Life Is Being Shown at the Majestic I+ Thieatre. Few people have any 1dea of the Indian massacres, most of us be- lieving that it was purely the savage instincts ot the Indians, An interesting-picture is now be- The ~experts state that the greatest number of settlers made their homes in Montanz dur- ing the past year, but indications point very favorably towards the fact that Minnesota will be the favored state this coming year. The impression of northern Min- nesota has been vague to outsiders and they believed that this section was a frozen and barren country, and that the land was not productive and fruitful. This idea has been done away with -and it is becoming realized that northern Minnesota will be the garden spot of the north- west. Farmers of Illinois, Iowa, Indiana and Wisconsin have been over this part-of the state with the view of buying farms and have been agree- ably surprised to learn of the pro. ductiveness of the soil and the early maturity of the crops. Toestimate conservatively, we can say that at least 500 families will settle in this county the coming year. Many will exclaim that this estimate is over-rated, but when you will take into consideration the fact of the large area of the county and the low prices at which the lands are sold, they will change their point of view and wonder that many more do not take advantage of these low values. : Northern Minnescta has “started well as_some of the aurrounding!sometbifig;” but it hasn’t started . |ing shown at the Majestic' theatre anything that it cannot finish. It is “there with the goods.” which plainly shows how the Indians were persecuted: and driven from their lands, which they had been taught to believe belonged to them, thereby causing in their hearts bitter hatred against their white conquorer, = Some- thing of interest to every man, woman and child in Bemidji. Don’t miss it. Miss Laurie of Brainerd left for her home this morning after spend- ing yestereay in the city as the guest of Miss Haldemann, ~ Box Gandy Free A half-pound box of McDonald’s Fancy Choco- lates free with every 25-cent cash “Want Ad:” This Offer Starts Monday, Feb. 26th, and Gllllfl»lllllis for ong week only Ads must be in the office before 12 o’clock noon, the day of publication, to receive the candy free. EVERYBODY HAS something to advertise, either For Sale, For Rent, Work : Wanted, Help Wanted, Wanted to Buy, Rooms to Rent, T House to Sell, To Trade or Exchange, etc., etc. - Fionear Publshing Go. WINNESOTA | r