Bemidji Daily Pioneer Newspaper, August 12, 1910, Page 1

"t e e Ao THE MINNESOTA . . HISTORICAL : SHCIETY. | EMIDJ1 DAILY PIONEER. VOLUME 8. NUMBER 99. IMPORTANT DECISION WON BY THE COUNTY ATTORNEY McKusick Gets Point in Beltrami-Clearwater Case—Order Handed Down by Judge Stanton—To Be Tried On Merits If No Judge Stanton has handed down a decision which holds that the al- ternative writ of mandamusis a proper and exclusive remedy tor Beltrami county against Clearwat- er in their suit over division of JUDGE C. W. STANTON Rendered Decision in Favor of Beltrami County. county debt, and has given Clear- water county twenty days to an- swer, Unless Clearwater appeals Jndge Stanton’s decision, the case will be decided on its merits in a few weeks, Following is Judge order and memorandum: State of Minnesota, County of Beltrami, In District Court, Fifteenth Judi- cial District, State of Minnesota, ex rel County of Beltrami, State of Minnesota, Relator. vs Erik Ericson, John C Veit, Jr., I. A. Krohn, Thor C. Nelson, Claus Henderson, as County Commissioners of the County of Clearwat- er, State of Minnesota, Respondents. Order. An alternative writ of mandamus having been duly issued herein, upon order theretofore made by the Court, and the repondents having upon the return day thereof interposed a demurrer to said alternative writ and to the petition upon which said writ is based, and the respondents having also, at the same time, moved the Court to vacate, set aside and quash said alternative writ of mandamus. Mr. O. T. Stenvick and Messrs. Spooner & Brown, at- torneys for the repondents, appear- ing in support of said demurrer and said motion to quash, and Chester McKusick, attorney for relator, appearing in opposition, after hear- ing the arguments of counsel, and being fully advised in the premises. It is ordered: That said de- murrer be, and the same is hereby, overruled; and the said motion to vacate, set aside and quash said alternative writ of mandamus, be and the same is hereby denied, but with leave to respondents to answer within twenty (20) days. Dated August 10th, 1910. (Signed) C. W. Stanton, District Judge. Memorandum. “Although I have formally over- ruled the demurrer herein, it is my opinion that a motion to quash an alternative writ acts as a general demurrer and that the statute (R. L. 1905, Sec. 4562), does not contem- plate a demurrer, except to the an- Stanton’s swer. ‘““This proceeding brings the mat. ter in controversy herein before this Appeal Taken. Court for the third time. The first time was in the action for a money judgment, in which a demurrer to the complaint was sustained. Upon appeal the supreme court (109 Minn., 479) affirmed that order, and held that, under statute, mandamus is the exclusive remedy open to Beltrami county to compel Clear- water county to pay its proportionate share of the 'present county is in- debtedness. Then the Court was asked to -order a peremptory writ of mandamus. This was denied on the ground that issues should be made ard a full hearing had in the matter before a peremptory writ could properly issue. And now, in this proceeding, an alternative writ is sought, based upon a petition fully reciting the facts upon which it is claimed that Clearwater county is indebted to Beltrami county. “Under the decision of the su- preme court in the former case, and in view of the opinion in the case of Polk county vs Demann, et al, 83 Minn.,, I can conceive of no pos- sible manner in which to determine the matters in controversy except by this exact method. The motion to quash must be taken as an admission of the truth of the allegations of the position. And from the petition it appears clear that Clearwater county bas failed, neglected and refused to pay, or make the provision required by statute to enable it to pay any portion of the indebtedness, which it plainly appears from the petition, devolves upon it. Beltrami ‘county is primarily . BEMIDJI, MINNESOTA, FRIDAY EVENII‘iG. AUGUST 12, 1910. SHOULD BUY HIGH LAND Fields 50 to 100 Feet Above Sea Level Drain Surplus Water Easily. County Surveyor Roy Bliler, who was up in the Shotley and Battle River country, with the board of viewers, viewing the large judicial ditches number three and four, has returned to the city. Mr. Bliler spent four or five days in this work in the interests of Beltrami county and reports a very interesting trip. Upon his return from this trip he immediately went to Nebish where they are grading a stretch of road seven miles in length. He states that this road will be one of the best in the county. Land buyers, when driven over a good piece of road with the view of making a purchase invariably make a deal. When these buyers are driven over poor roads, the deals invariably fall through. So far this summer the county has graded about twenty-five miles liable to the creditors of the county for all the indebtedness existing at the date of the creation of Clearwater county. Approximately $23,000.00 of this indebtedness, according to the petition, must be repaid to it by Clearwater county. The statute (Sec. 635 Laws of 1894) designates the time and the manner in which this shall be paid. This statute pro- vision has not been complied with, “The supreme court has said that Beltrami county has no other ade- quate remedy at law—that its only remedy is by mandamus. Itisa well CHESTER McKUSICK County Attorney of Beltrami County Who ‘Won Decision in Important Suit. settled principle of law that, as said in Potomac Oil Co. vs. Dye 102 Pac. (Col.) 677: ‘Wien one has a substantial right to pro:ect or enforce, and there is no other adequate remedy at law, he is entitled as a mat‘er of right, to mandamus, or at least it is an abuse of discretion to refuse it.’ “I can see no teason why issue cannot properly be joined in this proceeding, and when the facts are determined, such an order be made as will equitably determine the rigixts of the respective counties.” A complete history of this case will be printed by the Pioneer Mon- day. Seeks Safer Job and Is Killed. Mason City, Ia., Aug. 12.—John Pow- ers, a teamster, aged fifty years, in a runaway here was dragged to death when his foot caught in the axle of his wagon. Powers was a Milwaukee trainman for twenty years. He quit the railway a week ago because of the danger of railroading. Heart Shaped Spot on Sun. St. Louis, Aug. 12.—Father Martin Brennan, astronomer, 'has discovered a heart shaped spot on the sun. The spot is estimated by Father Brennan to be from 50,000 to 70,000 miles. jn width. It is surrounded by fourteen smaller spots, four of which are of large size. of as good roads as one can find in any portion of the state. The work was all done under the super- vision of Mr. Bliler. Speaking of land settlement Mr. Bliler said, “The wise ones are all buying low lands, land that is from 50 to 100 feet above the water level, which when properly drained will make the finest agricultural land to be found any where. These meadows are covered with long, green grass making ideal dairy farms.” This is the same story thatis heard from men who know property values. They all say fhat land in this section of the country makes ideal farms. When outsiders become more familiar with the future pro- spects of this north country there is no telling how many thousands will make their homes in this fertile _sec- tion. 5 I WEDDINGS I At the home of the bride’s partnts, Mr. and Mrs. Herman Oestreich, Monday at high noon, their daughter, Miss Augusta, was united in marri- age with Charles Dailey of Bemidji, Minn,, Rev. H. Hoerig officiating. The cermony was performed under an arch of ferns and sweet peas. Miss Erna Oestreich sister of the bride, attended to the duties of brides maid, and Herbert Hitz, cousin of the bride, acted as best man. The bride was attired in a gown of cream silk and carried bridal roses while the maid wore pink silk and carried pink carnations. Only a few friends and relatives of the bride were present. A dinner was set forth on a table prettily decorated with sweet peas and smil- ax. Mr. and Mrs. Dailey left the same evening for Malesus, Tenn., his form- er home, where they will remain for a month before returning to their future home in Bemidji, where he has charge of an employment agency—Dunn County News, Men- omomie, Wis., July 21—1910. WEATHER TODAY. Temperature Thursday Friday A M. 7 67 8 70 9 76 10 80 1 80 12 82 P. M. 1 84 2 84 3 83 84 4 84 5 84 6 82 7 79 8 76 9 72 10 70 Barometer—30.3% * inches —Fall- ing, Maximum today—84. Minumum today—>54. Maximum yesterday—83. Minumum yesterday—53. Forecast—Showers. - City Drug Store readings. ERIGKSON APPOINTED ON EXECUTIVE GOMMITTEE President Yanish, of Tri-State Associa- tion, Gives Bemidji Postmaster Good Place. Postmaster Erickson has been appointed a member of the execut- ive’ committee - of the Tri-State Postmasters association by Presi- dent Yanish, who is postmaster of St. Paul. Mr. Yanish was elected president at the meeting of the as- sociation held in Minneapolis Wednesday June 8, and has just made public the appointments on the executive committe, In his speech fo the postmasters at the Minneapolis meeting, M. C. Fosnes, chief inspector for Min- nesoth, North atid'South Dakota, which compromises the district of the association, brought out some facts that are interesting to others than men in the service, Mr. Fosnes said in part, “You meet as the Tri-State association, which is territorially coincident with Charles Gounod’s ““Faust’’ Given Place of Honor on Program. “Faust” has been given the place of honoron the band pro- gram tonight, Charles, Gounod’s great work has always been popu- lar and the selection’ tonightis from one of the best known parts of the score. Overtures and marches make up the balance of the program. Following is the full program: 1. March—‘Colonel Miner’s” -~ — George Rosenkrans. 2. - Selection from ¢“The Golden Girl” - — Joseph Howard. 3. March—« Sweethearts” — - H. F. Neilsson, 4. Selection from “Faust’— Charles Gounod. 5. Intermezzo — “Kisses” — Raymond Hubbell. 6. March—"Freaks of ville”’—Dalby. 7. Medby Overture—"Bits of Remicks Hits No. 4”—]J. B. Lampe. 8. March—"The Banner Bearer” —Fred Jewell. Black- the St. Paul divigion of - postoffice inspectors. From this ‘springs a sense of unity, of common interests. You muster 3,000 in the three states—2960 the latest exact figure— quite an army. There are 2266 money order offices. You may sup- pose I feel the weight of responsi- bility for your good behavior! One more look backward before closing. “Here ‘is ‘the . postal guide of 1850. How many -postoffices then, would you say, in the territory which you now represeat? = Seventeen, all in Minnesota, and here they are, just as listed: “Benton county—Sauk Rapids, Swan River. *“Dahkotah county—Ft. Snelling, Lac Qui rm‘e,._ oo i “Pembina county—Pembina. * “Ramsey County—Red Rock, St. Anthony’s Falls, St. Paul. “Wabasha county—Red Wing, Reed’s Landing, Wabasha. “Wahnahta county—Ft. Gaines, Long Prairie. “Washington ¢ o u uty—Cottage Grove, Point Douglas, Still Water, Taylors Falls. “Dakota, (with 1600 postoffices today, North and South) is unknown in this postal guide of 1850. There is no Hennepin county, no Minne- apolis. (Let us hope that Minne- apolis will not feel too jealous when she finds out that St. Paul’s is the ‘| older.) “You may have heard that Major Haleis trying to get a new stand for his office, and some others among you perhaps feel that they are not equipped in proper shape. I will therefore quote you section 49 of the laws and regulations of 1852: “ ‘For the safe keeping of letters and packets in postoffices, where the business is not so extensive as to re- quire the appropriation of a room to that use, a cheap plain desk, or case, is to be providediat the expense of the department with a good lock and key. But neither this nor any other contingent expense will .be allowed, unless the net peoceeds of the office amount to at least $5 per quarter.’ ” The receipts of the Bemidji post- office for 1909 were over $27,000.00. MINE WORKERS IN SESSION Special Convention Opens Work In " Indianapolis, Indianapolis, Aug. 12.—Nearly 1,000 Jelegates gathered in Indianapolis for the’ special convention of the United Mine Workers, called by President Thomas L. Lewis ostensibly to dis- cuss wage contracts and strike situa- tions. No mention is made specifically in the call of the convention of the dis- sensions in the national order, but one clause says an object of the conven- ’| tion is “to take such action as neces- sary to require the officers and mem- bers of the United Mine Workers to respect and comply with the authority of the international executive board.’ President John W. Walker of the Illinois district and so called leader of the anti-Lewis faction is here. Indicted on Perjury Charge. Chicago, Aug. 12,--Thomas G. Lee of the dressed beef department of Armour & Co. was indicted on a charge of perjury by the grand jury which is investigating the alleged com- bination of packers.: b “ttion is taking most of the water. 9. National March—*Daughter of American Revolution”—], B. Lampe. DROUGHT DRIES RIVERS Mississippi Drying Up At All Points— No Water Coming Down Schoolcraft. Lack of rain is affecting rivers and water powers all over the northwestern states. August is usually a dry month, but June and July had so little water that the hot August days are causing the rivers todry up rapidly, Evapora- Minneapolis mills have been us- ing steam auxiliaries for two months and when the street car company burned out a dynamo, the mills had to shut down for four days as not enough water was coming down the river for both the mills and the car power plant, At Watab, near St. Cloud, the mill is only running two grinders at present. The mill has nine in- stalled and building room for nine more, but the water is so low that only two are in operation, The plant which is supplying light and power to Fergus Falls and Brecken- ridge is not getting enough water for one city and has\ no steam plant to fall back on. Navigation on: the river below St. Paul has been closed and the big steamers which have been coming up from St. Louis have been tied up to the St. Louis docks for the rest of the season. Hastings reports lower water than anytime since 1864. Lake City says that Lake Pepin is lower than it has ever been since 1864. Red Wing says the river is three inches below the low water mark. W. A. Gould, of the Bemidji mill, was over to Lake Itasca Wednesday and says that no water is coming down river from that lake. The wild rice has grown across the out- let and is two feet above water. 'No current can be noticed and the water is stagnant. Lake Bemidji is not suffering as much as other lakes. The power dam has held the water back so that the lake is only .18 of a foot lower than it was in 1908, the low- est year recorded here. The plant at the dam is only running five hoursa day and more water is com- ing into the lake than is going out. Evaporation is lowering the lake .24 of an inch every sunny day, accord- ing to measurements. Not enough water is coming in to overcome the evaporation and no water has come down the Schoolcraft for several weeks. Slight Cut Proves Fatal. Lead, S. D, Aug. 12—A slight cut on one of his hands, received last April, resulted in the death of George Sullivan, a minér for the Homestake, at the local hospital. Blood poison- ing proved fatal. At the time of his death he had wasted away almost to a skeleton. He was forty-eight years [ ald. R : May 1. Overdraft, Scavenger fund transterred Sldewalk fund transfered.. Sprinkling fund transferred. May, June, July, collected May 1. Balance.. Three months receipts. May 1. Balance Three months receipts. Disbursements. Balance, May Disbursements. May 1. Balance. Receipts.... Disbursements. May 1. Balance Collections... Disbursemonts. May 1. Overdraft Disbursements. May-1. Overdraft.. Recelved from special. Oollections .. Disbursements... Disbursements. Balance. May 1. Totals Forwarded. Total Receipts... Total Disbursements Security State Bank First National Bank. Lumberman’s National Banl In city treasurer's office... General Fund, Poor Fund.... NECCEATI\/IC DA TEN CENTS PER WEEK. BAND GONGERT TONIGHT. | CITY TREASURER’S REPORT OF YEAR’S THIRD QUARTER Shows Funds are Not in Prosperous Condition—OverDraft . in Water Money of Nearly Two Thousand Dollars— Submitted to Council. Earl.Geil, city treasurer, has submitted his report for the q:m-m- end- ing July 31 to the city council. The report shows that the city now has on hand $38,714.36 which is credited to the various funds. The water fund is the only one which shows an overdraft, it being $1,895.58, Following is the report in full: City Treasurer’s Quarterly Report for the Second Quarter, Ending July 31, 1910. General Fund. Total..oeeunn Total Total .... 87, Sinking Fund. Interest Fund. Receipts Disb'nts Balance Overdraft i $1,013.52 .8 12633 2.593.98 413.78 02§ 4,183.02 11 $5266.54 § 215157 . 82325091 1,210.58 U149 $24,461.49 # 1,609.12 2113.71 $ 10077 $372:83 3 10077 $3,62208 'und. ® TS50 § 63693 § 10857 Pormanent Improvement Fund. Total Total .... Total .... Total.. Total Total.. Total ... City Funds as Aceounted for as Follows: Total... Water Revolving Fund. Library Fund, .« $3.850.04 3,987.56 $ 20242 $7.037.00 §20242 $591518 $ 871436 $ 8315 oo § 87436 $ 65333 $ 22003 Fund. 3 61660 $ 995 $ 71863 $ 2.097.08 $ 91819 $2713.77 4 1,806.58 $1.344.83 1.637.25 s r $ 20673 62.08 § 206.73 §2,685.35 $ 1,233.40 ¥ 5.8 $ 5 $1.820.22 § 44453 §1,384.60 d. $ 50.00 $ 50.00 $ 500 $33.466.08 15,451.93 $16.204.63 ... $48917.00 $10,204,63 $38'713.38 Sinking Fund Investments. License to interest fund, resolution. Loaned to interest fund, on motion. Total............ e 2,250.64 2,505,02 $4,756.48 Respectfully submitted, EARL GEIL, City Treasurer. l BIRTHS AND DEATHS I Died, Mattie Rouse, sister-in-law of John and J.'W. Plummer. She was in Moose Jaw, Canada, on a visit and was taken with pneumonia. Miss Rouse was a graduate of North- land College, Ashland, Wisconsin, and the burial service at the Presby- terian church yesterday was read by Reverend Hitchcock, of Northland. NEW DIRECTORS ELEGTED Commercial Club Chooses Board for the " Coming Year. New directors were elected at the meeting of the Commercial club held in the courthouse last evening. They. will hold office for a year and have power to elect officers of the club. Those elected were A. G. Wedge, Earl Carson, Wellington Schroeder, W. A. Gould, W. L. Brooks, F. S. Lycan, W, N. Bowser and R. H. Schumaker. Plans were made for the meeting with the farmers a week from tomor- row and other matters of local in- terest were discussed. No definite action was taken on any matter. GROOKSTON ENTERTAINS St. Cloud Commercial Men Visit Ox Their Return From Warroad. “ Crookston, August 12-—(Special to the Pioneer)—The special car containing thirty-two representat- ive citizens of St. Cloud who have spent the past week on a trip to Warroad, going from there to Kenora and spending the first four days of the week on Lake of the Woods, spent last evening in Crookston as guests of the Crooks- ton Commercial club. At 7:30 an auto ride was given the visitors, the state farm and Crooks- ton School of Agriculture being visited and the business and resi- dence section of the city covered. Later two hours were spent in the Commercial club rooms where an in- formal reception was held with short addresses from visitors and local men after an address of welcome by President J. E. O’Brien of the club and responses by C. I. Atwood, Colo- nel Westerman and other visitors, The ladies of Crookston were pres- ent to greet the ladies in the party. The trip was a most delightful one in every way. George Akre, of Prince Albert, Canada, is visiting A. O. Akre his brother, who lives about four miles west of the city. He will be here ten days. < 5 5 S