Bemidji Daily Pioneer Newspaper, April 15, 1910, Page 5

S S S ————————— | l ! (U (ES—— PATROL SEGTION FIRE LAW UNGONSTITUTIONAL Judges McClenahan, Stanton and Wright Concur in Decision Which Was Filed Today. W. 8. McClenahan of Brainerd, C. W. Stanton of Bemidji and B. F. Wright of Park Rapids, the three judges of the district court in the Fifteenth Judicial district, hold that the “‘patrol section” of the state fire warden law of 1909 is unconstitu- tional, their decision having been rendered in findings which were filed with Clerk of Court F. W, Rhoda in this city today. The constitutionality of the “patrol section” of the state fire warden law was attacked in several cases which were brought against railroad companies last fall, wherein the state attempted to enforce that provision of the law which required the railroad companies to ‘“‘employ at least one patrolman for every mile of their railroad through land liable to be overrun by fires, discover and extinguish fires occuring near the line of railroad, by which is meant a distance within which a fire could usually be set by sparks from a passing locomotive.” Judges McClenahan, Stanton and Wright decided to sit en banc and jointly consider a test case which was taken from the municipal court at Brainerd, the N. P. Railway com- pany being the defendant. The case was heard on the 23rd day of September, 1910, at which time the state was represented by John P Coleman. of St. Paul, M. F. Price of Grand Rapids, with C. A. Hart for the N. P. railway; W. N. Steele for the G. N. Railway company; E. E. McDonald, Crookston lumber oom- pany and R. F. Powell for the Min. neapolis & Rainy River company. The different features of the state fire warden law were gone into pretty thoroughly at that time and both the attorneys for the state and council for the different com- panies went over the ground thoroughly with regard to the patrol section of the law. The judees took the matter under advise- ment, and to Judge Wright was delegated the duty of writing the decision, in which all three judges concurred. Judge Wright holds that the fire warden statute is void and that the fire warded paragraph of the statute is almost wholly composed of terms, no practically exact definition of which is known, and that the act itself does not define it; and that in case of a trial various witnesses would be unable to testify as to the season, the nature of the land through which the railroad passed and other material issues involved;y and that in submitting the case it would seem almost impossible for the court to instruct the court intelli- gently in the matter. WALSH ESTATE NOT LARGE Shown by Will to Be Less Than Fif- teen Millions. Washington, April 14.—The $100, 000,000 baby no longer exists. ‘When the will of the late Thomas F. Walsh was filed for probate, and when it was read by the world, it was found that the son of the daugh- ter of the millionaire would be not the $100,000,000 baby, but merely one of the many babies who can count themselves as merely millionaires’ when they grow up to man’s estate. The estate of Mr. Walsh, as shown by his will, reaches a total of $10,000,- 000, or may be $15,000,000. The bulk of this sum is left to the widow and the daughter, now Mrs. Edward Mc- Lean, and through her to the baby that has been supposed to be the “$100,000,000 baby.” SHERIFF RAIDS LODGEROOM Alleged to Have Found Intoxicants and Gambling Outfit. ‘Willmar, Minn.,, April 14.—Armed With two search and seizure warrants Sheriff Peter Bonde and his deputies entered the lodgerooms of the local chapter of the Eagles, arrested Will- iam C. Kemp on the double charge of maintaining an unlicensed drinking place and gambling rooms and confis- cated, among other things, a poker ta- ble and 200 chips, 21 decks of playing cards, 10 quart bottles of whisky and 83 quart bottles of beer, together with beer and whisky glasses and other supplies. ALL ON BOARD ARE TAKEN OFF Wireless Saves People on Sinking Ship. VESSEL SETTLING FAST elelp Arrives When the Stranded Steamer Is in a Serious Condition and the Work of Rescue Is Carried on With Great Difficulty—Ninety- five Persons Saved by Small Boats and the Damaged Vessel Is Left to Her Fate. Eureka, Cal, April 15—Ninety-five persons rescued from the North Paci- fic Steamship company’s steamer San- ta Clara, which foundered ‘Wednesday, arrived here on the tug Ranger. Everybody on the sinking ship was rescued. The Santa Clara sank about four miles down the coast. The Santa Clara, which was bound for San Francisco, had almost cleared the bar when her keel plunged into the sand and she sprung a bad leak. Her serious condition was not fully realized until a point four miles south of Table Rock was reached, when the steamer was put about and an effort made to return to Eureka. Water poured so rapidly into the hold, how- ever, that the fires were swamped. ‘Wireless calls for help brought the Ranger. The steamer was settling fast when the tug came up and got a line to her and the transfer by small boats of the sixty-one passengers was immediately begun. A high sea was running and the sea work of rescue was both slow and perilous. But shortly after 7 o’clock the last of the passengers and crew were safely aboard the tug and the Santa Clara. then low in the water, was left t» her fate. The Ranger lay outside the bar all night, awaiting daylight before at tempting to return to the harbor. SEEKS TO AMEND COMPLAINT Government Makes Motion In Oregon Land Fraud Cases. Portland, Ore., April 15.—In a mo- tion to amend the complaint of the United States against C. A. Smith, a millionaire timber owner of Minneap- olis, United States District Attorney John McCourt has asked the federal district ,court to sustain the right of the government to lodge an action in equity for the recovery of the value of the lands in this state acquired through fraud, as charged, where the statute of limitation prevents either criminal prosecution or an action to set aside the patents. Hinging on the disposal of this mo- tion, it is said, is the filing of many suits. by the department of justice for recovery of lands in Oregon to the value of millions of dollars, which the government . claims were secured through fraud. Argument on the motion will begin April 18. GIVEN A FIFTY-YEAR TERM Youth Kills Wealthy Farmer to Secure Money to Wed. Carrollton, Mo., April 15.—Love for his pretty country sweetheart, whom “he could not marry because of lack of funds, caused Arthur Wooden, eight- een years old, to slay George W. Smith, a wealthy farmer, March 25 last, that he might secure $600 he knew Smith had in his possession. Sobbing and begging for mercy ‘Wooden told his story to the court and then entered a plea of guilty. The judge sentenced him to fifty years in the penitentiary. After securing the money Wooden spent $40 of it for a wedding outfit. He was arrested while driving to the home of his in- tended bride. TWO0 OF THE CREW KILLED German Torpedo Boat Run Down by Small Cruiser. Stettin, Prussia, April 16.—Torpedo boat No. 122 was run down by the small cruiser Muenchen during the German naval maneuvers. Two engi- neers of the torpedo boat were killed and several others of her crew wound- ed. She was towed into Swinemunde in a sinking tondition by two other torpedo boats. At the time of the accident the ves- sels were maneuvering off Sassnitz, on the east.coast of the island of Ru- gen, in the Baltic sea. The cruiser struck the smaller craft amidships. Youth Admits Brutal Murder. Richmond, Ind., April 15.—A nine- teen-year-old boy, Charles Revelee, confessed that it was he that beat and burned to death Mrs. Charles Allison at her home near Cambridge City, ac- cording to the statement of Chiet of Police Gorman, who arrested Revelee at a hotel in this city. Earthquake in Central America. ‘Washington, April 16.—Senor Calvo, minister to the United States from Costa Rica, received a cablegram from San Jose stating that an earthquake shock was felt in all parts of the re- public. Slight damage w¥as reported from various sections, but there wers no fatalities. . 2609778 Y e 4 e e e Illinois Central Victim of Alleged Con- spirators. Chicago, April 16.—Exposure of an alleged conspiracy through which the Illinois Central railroad has been de- frauded of hundreds of thousands of dollars is expected in a few days fol- lowing weeks of investigation launched by President J. T. Harahan. The investigation is said to have uncovered evidence of fraud that will lead to a number of arrests. ‘While President Harahan refuses to discuss the results of the investiga- tion it comes from high sources that there will be sensational developments shortly and that the principal graft- ing operations which have been dis- covered are in Chicago and they im- plicate some men well known in rail- road circles. The disclosures, it is said, will not affect the present higher officials of the road. Wood Popular in Havana. Havana, April 15.—The popularity in Havana of the former governor of Cuba, Major General Leonard Wood, was again attested at a banquet given in his honor at the Hotel Plaza under the auspices of Dr. Guiteras and oth- «.8 of the sanitary service under“Gen- eral Wood’s administration. Two hun- dred of the most prominent officials and citizens attended. MANY ARRESTS ARE IMMINENT- HEARSTITES READY TO ~ RETURN TO PARTY Announcement Made at Demo- cratic Banquet. ‘Washington, April 15.—The possibil- ity of a Democratic campaign being launched with the ery of “Harmon, Hearst and Harmony” is being dis- cussed following the Jefferson ban- quet, which developed a number of surprises. The Bryan letter, of which much had been written and said before the banquet, was not read until after mid- night, when many of the guests had departed. Throughout the dinner there was a predominant spirit of “getting togeth- er,” and all the speeches reflected the high 2opes of Democratic victory. The climax came in the speech of John Temple Graves, former candi- date for vice president on the Inde- pendence league ticket, who an- nounced that the Hearst party was ready to return to the ranks of the Demoeratic party. His announcement was received with an outburst of applause that in- dicated the approval of those present. Champ Clark™ of Missourl Bad an- nounced that the Democratic party was ready to welcome all who wished to join it in the coming struggles. One of the most significant features was the generous round of applause which followed the declaration of Francis Burton Harrison that “the governor of Ohio is the most popular man in the party.” UNDRAPED FIGURES MUST GO Condemned by Regents of University of California. San Francisco, April 15.—The eight undraped male figures of the new $100,000 Sather gate at the Telegraph avenue entrance to the University of California must go. So declared the board of regents. The action comes as a climax to the agitation which has held Berkeley en- thralled since Artist Earl Cummings placed the statues there a month ago. Since that time the women students have avoided the Sather gate. Auto Speeder Goes to Workhouse. St. Paul, April 15—George T. Greene, proprietor of the auto livery at the Ryan hotel, was given thirty days in the workhouse by Judge Fine hout for reckless driving. Greene several days dgo started out from his livery in a big car and, after several collisions and narrow escapes, ended by crashing into a line of automobiles standing in front of the Elks’ club. S POLICE RAID WHITE SLAVES" 8ix Arrested and Warrants Issued for Twenty Others. New York, April 14—With the ar raignment of six men in a Brooklyn police court and the announcement that warrants were out for twenty oth- ers the Brooklyn police declared that one of the biggest raids on dealers im white slaves ever made in New Yorlk was in progress. Eight girls were in court to testify, against the prisoners. One of them was only nine years old, the oldest was fifteen. They all told the same story—that they had been lured to al - moving picture show where candy or other cheap presents were given to them and that then they were taken to some house maintained as a resort of the white slave band’s activities. The arrest of the six persons was brought about by the Society for the Prevention of Cruelty to Children, agents of which have been on the trail of the band for months. - Walsh’s Health s Falling. Leavenworth, Kan., April 14—The physical condition of John R. Walsh, the Chicago banker, serving a sen- tence in the federal prison here, is causing the officials uneasiness. ‘Walsh’s health has shown no improve- ment since his arrival at the prison. It is stated that he has broken down greatly during the last few weeks and it is feared that he may collapse. here. Mora Hats at $3.00 Here only. 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One of the best evidences of our high quality and the assurance of getting the right thing here, is the great array of KUPPEN- HEIMER and SOPHOMORE Suits and Overcoats, [specially made, of selected and best values in clothes Young Men’s New Styles College models, high school models; made for the young fellows of ultra tastes in dress as extreme as you like; or as quiet; new fash- ions in suits and overcoats. Suits and Overcoats $12.00, $15.00, $18.00, $20.00 $25.00, $30.00 Bring your boys to us for clothes; for styles that are mighty artistic and in beautiful fab- to $7.50 $3.50 Wilson Bros. GILL BROS. The Popular Priced Clothiers Shoes of the best sorts. setts and Douglass shoes for sale here exclusively. $3.50, $4 and $5.00 Here’s the ideal shoe store for boys’ school and dress shoes $1.50 to $3.50 Young Men’s Cros- MINNESOTA s E f i i NSS! S S—— & - T