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- ed at one session, it may be at the THE BEMIDJI DAILY PIONE MINNESOTA HISTORICAL RIETY. VOLUME 8. NUMBER 28 LAW NOT IN WAY | OF REAPPORTIONMENT Attorney General Says Extra Session May Be Held If Nothing Is Done With Bill Now. FAVORS ELECTROCUTION PLAN Representative Morton Proposes to Abolish Hanging—Johnson Mon- ument Bill Goes to Senate. | St. Paul, Jan. 27.—If reapportion-| ment is not accomplished at the pre- sent session of the Legislature, it may be done at a special session, or at any nuéeeeding session, This is the opinion of E. T. Young, former | attorney general, and George T. Simpson, the Both have givn opinions on the subject, and both are positive that the consti—t incumbent. tution provides for it. The clause of the constitution providing for reapportionment says; “At their first session after each enumeration . . . and also at; the first session after each enumer- ation made by authority of the United States, the legisiature shall have the power to prescribe the bounds of congressional, senatorial and repre- sentative districts,” etc. According to the placed upon this provision by the two attorney - generals, construction the comnstitution merely designates or confers the power on the Legislature to reap-| portion, and it jt is not accomplish- Text or the mext, and s0 on. Young's opinion was given Februagy 27, 1907. { In his opinion, Mr. Simpson said further that the constitutional amendment proposed by Senator Works, fixing a different basis of re- presentation for cities, would not be unconstitutional. Senator Works proposes that the number of -Sena- tors and Representatives in the cities of the first class shall be based‘ on twice the population at which the| representation from the outlying districts is fixed. This would mean that St. Paul, Minneapolis and Du- luth would have only half as many representatives in the Legislature as they would have if the basis is the same in city and country. “Personally I hope no such amend- ment is enacted into law,” Mr. Simp- son added, “but thé power of the bal- lot in the matter is supreme. If the state votes to limit representation from the cities in such manner, the amendment could not be knocked out in the courts.” Any classification of cities for pur- poses of legislation is permissable under the Constitution. This is the decision arrived at by the sub- committee of the judiciary committee of the House, Charles Orr, chairman. Of course the classification, says the committee, must be general in its application and there must be some reason for making it. The question arose in connection with a querry: Can cities be classified on any other basis than population? which is the one basis apparently recognized by the Constitution. The sub-committee finds that any old classification goes so long as it is not so ipecific as to eliminate other cities having the same general char- acteristics. The report has been prepared by the sub-committee and will be sub- mitted to the judiciary committee. * x % Electrocution instead of hanging is proposed as capital punishment by Representative Rufus P. Morton in a bill presented to the house yesterday. The board of control is directed to provide a permanent death chamber in the state prison where all execu- tions must be conducted. The bill specifies that no news- paper reporter or representative shall be present at the execution, nor any newspaper publish any -details be- {HAMILTON WRITES K. K. ROE | wrote to John J. Hamilton of Des | much as I should enjoy visiting your { Who are seeking to'put your mmaici-; Mri 1. yond a statement that it has taken place. The wurden’ may admit to the exe- cution only his assistants, a priest or clergyman, three friends of the prisoner, two physicians and such others as he may designate, but not to exceed six in number. * ¥ X A monument to mark the grave of the late Governor John A. Johnson is the object of a bill introduced into the senate yesterday by Senator H. N. Benson of St. Peter. The bill creates a John A. Johnson monument commission and abpropriates $25,- 000 for carrying out the work. A similar bill was introduced in the house last week. Des Moines Man Is Unable to Come to Bemidji. Alderman Knute Roe, of the third ward, who has beep taking much in- terest in the commission munijcipal government, form of recently Moines requesting him to come to Bemidji and deliver an address on the plan. Mr. Roe received the fol- lowing letter from Mr. Hamilton this morning: Des Moines, Iowa, Jan. 25, 1911. K. K. Roe, Bemidji, Minn. Dear Sir:— Replying to your favor of the 20th inst., which did not reach me until last night, I regret that it will be imposssible for me to come to Be- midji to deliver an address on the commisgion form of government, wide-awake city and conferring with the public-spirited -ditimsns pality on & mora busifiess like basis than is practicable under the old type of government. | Wishing you all success in your undertaking, and hoping you can get the service in some other way, I remain, Yours very truly, JOHN J. HAMILTON. Mr. Hamilton has just finished a book on the commission form of gov- ernment. G. G. ANDREWS HAMPERED Says He Has Not Enough Funds To Do Effective Work. General C. C. Andrews is not at all excited about the attack being made on his position as forestry com- missioner. It has been reported that a committee of the foresty board is drawing up a bill covering the pro- tection of the forests of the state which contemplates the employment of a younger man than General An- drews as head of the work. Yesterday General Andrews ar- gued that the state appropriation is too small to accomplish as much as is desirable. “Mr. Marshall, the government superintendent, has $24,000 a year at his command,” said Mr. An- drews.” The Minnesota National forest is protected by three big lakes. The appropriation for caring for it amounts to about 8 cents an acre. At the same rate I should have for state forests $1,500,000 a year. In- stead of that sum, last year I had $21,000 less than fhe government forester had. “The government also has a super- intendent of logging and an assist- ant, not included in the total amount named. These men watch the logJ ging and see the slashings are burn- | ed properly.” The bill drawn by General An- drews has been approved by the for- estry commission of Michigan. It is now under consideration by the forestry committee of the House, which may present it as a committee bill. “The bill is drawn solely in the interest of the state,” said General Andrews. | “Oh, You Skeleten,” probably almost BEMIDJI, MINNESOTA, FRIDAY EVENING, JANUARY 27, 1911. MAJESTIC TO SHOW HOUSE OF 7 GABLES Is a Story That Has Been Read By Nearly Every Resident In and About the City of Bemidji. ENTIRE BILL FEATURE TONIGHT “Oh You Skeleton” and the “Ghost of the Oven” Are Other Numbers On the Opening Program. The House of Seven Gables is u‘; story that has been read by most | people and one that is khighly appre- | ciated by its readers.” It has also been the desire of every reader to see | this story acted out. be realized to thg fullest extent by visiting the Majestic Theatre tonight where the film wil be shown com- plete. This destre can | The management of the Majestic has tried for some time to secure this feature film for his patrons and much credit is due him for having succeeded. The second film tonight is entitled every one would scream and run who turned around and saw a skeleton sitting beside him. This is just what Martha did and possibly the poor girl is running yet. There is no doubt but those who witness this picture will laugh whenever they think of it. . ~AGEBL of the Oven,” is another e of those comedies that one enjoys seelng, although the name does sound rether creepy. It is a laugh producer in every sense of the word. The price of admission tonight is the same as usual, ten cents, and anyone of the films is more than worth the price The entire bill is an unusually strong one and should pack the house to its dors. The illustrated song entitled “Little Star Won’t You Twinkle,” will be sung by C. J. Woodmansee. INTEREST BEING AROUSED Important Business Meeting of Com- amercial Club Monday Evening. Much interest is being aroused in connection with the business meeting of the Bemidji Commercial Club which has been called for next Mon- day evening. The chief matter to be taken up will be that of obtaining better and larger quarters. The building com- mittee has recommended the O’Leary- Bowser proposition to the club. The O'Leary- Bowser company have con- sented to rearrange the upper story of their building on Third street so as to suit the members of the club and it is very likely that they will accept the report of the committee. building GOURT GOMMISSIONER BUSY Judge H. A. Simons Discharges A. B. Carr on Liquor Selling Charge. A. B. Carr was arraigned before Court Commissioner H. A. Simons, yesterday on a charge of selling liquor without a license at Clement- | son, Minnsota. Judge Simons found | that he was not guilty and he was | discharged. Frank Rohrer, of ‘Turtle River,‘ who was arrested recently on a| charge of arson, appeared before| Judge Simons this morning and his| case was continued until January 31.| Robrer is charged with the burn- ing of a dwelling house at Turtle River. "POSSIBLE STREET SCENE | Columbus Show Said To Be Greatest 0f Kind Ever Held. Columbus, Ohio, Jan. 27.—With the opening of the National Corn Ex- position in the city but a few days distant, the arrangements for the big The | exhibition will be the largest and%‘ most notable amalr of its kind ever| held. Eight mmense buildings on| the Ohio State Exposftion grounds| will be used’ for the exbuiitton. More | than 35 states have installed cumpet-! itive exhibits. ~ These deal in a prac- | tical way with nearly every phase| in the science of agriculture. 1 The National Corn Exposition was organized five years ago. The first show was held in Chicago. Since that time the show has been held in Chicago, Omaha and Columbus. A strong movement is under way to have the exhibition held next year in the south. If the movement is| successful the show will probably be| held in Columbia, S. C., where the| South Atlantic states corn exposi- tion was held last fall. MAN SWIMS SPOKANE RIVER show are practically comipleted. Leonard Knowles Says Cold Bath is Health Medium. illustration of the value of physical culture in its higher developement, H. Leonard Knowles of Spokane, physical culture director and devotee of the doctrine, successfully swam the ‘Spokane river from bank to-bank at 12.25 o'clock the afternoon of Janu- ary 21, also winning a wager of $100 made with E. E. Walker of the Spo- kane Hardware company. Knowles advocated the cold water bath as a| health medium, while Walker holds| that it has nothing but poor features. This is said to be first time the swin has ever been made in midwinter. A crowd of nearly 2,500 witnessed the feat. The thermometer stood at 31 degrees and the temperature of the water at the freezing point. Knowles used the Australian crawl stroke. When he was a quarter of the way across he turned over on his back and shouted to the “Fine dope, boys!”” Knowles swam the Columbia river last January and | is an ardent exponent of the cold | water bath theory from a hygienic;‘ and health standpoint. crowd: Shiveley Denounces Ship Subsidy. ‘Washington, Jan. 27.—Ship subsidy was denounced by Senator Shiveley (Dem,, Ind." in the senate as a waste of public money. The decay of the American merchant marine, he said, wag due not to the lack of bonus paid from the national treasury, but to the operation of an antiquated navigation code. ; | his sanity. Spokane, Wash., Jan. 27.—As an| IN LONDON IF THE RECENT DEMONSTRATION HAS NOT GORN EXPOSITION OPENS|NO NEW MEN IN RAGE No Changes in List of Office Seekers At City Election. Rumors to the effect that there would be a new candidate in the field today for the office of mayor of the city of Bemidji heard yesterday, evidently had nothing to them, for as yet no candidate has come out and no new petition is being circu- lated. The three public ownership can- didatea-for the offices of city treas- urer, alderman of the fourth ward and alderman at large have as yet no opposition. DAKOTA MAN GOES INSANE Deloss Tufford, Examined By Judge Clark and Found Crazy. Deloss Tufford was examined by Judge M. A. Clark this afternoon in his office in the court house as to He was found to be of unsound mind, but wiH not be sent to an asylum until the Minnesota board of control is heard from, as Tufford’s home is in Egeland, North Dakota. It appears that Tufford has been around Bemidji for several days and his actions have been of the order that have attracted attention. MAIL CLERKS SEEK RELIEF Meeting Tomorrow To Discuss Means of Gaining Points. Two hundred railway mail clerks from Minneapolis, St. Paul and the northwest will meet Saturday in St. Paul to discuss means of gaining extra pay for extra service. There is an undercurrent of dissatisfaction with Norman Perkins, division sup- erintendent, but conservative clerks in Minneapolis today said no open breach was expected. Mr. Perkins is said by some clerks to-be too eager to carry out “econ- omy” policies, and fails to show re- gard for men under him. lowa Deadlock Continues. Des Moines, Jan. 27.—The ballot on United States senator in the Iowa legislature resuited as follows: Funk, 35; Kenyon, 34; Young, 34; Garst, 1; Porter, Democratic, 53; absent, 1; necessary to elect, 80. Dynamite Explosion Fatal. ‘Winnipeg, Jan. 27.—Fifty boxes of dynamite of forty pounds each explod- ed at the Fairford (Man.) gypsum works. George McCollum, general foreman, was killed. Two Indian as- sistants. were badly injured. Fairtord is located on the far northern shores of Lake Manitoba. ALREADY SCARED CRIMINALS FROM THAT CITY. | —Bradley in Chicago Tribune. QUINTET GOES TO BABLEY! Play This Evening. On the three o'clock train this afternoon the boys who form the Be- midji High School basket ball team left for Bagley where they will play the team of that city this evening. Coach Robinson is of the opinion that the game tonight will be the hardest game to win of any contest &m- “‘9,9;?;;30 -The Bagley. five ia od for several seasons and who have been practicing since October, Bag- ley not having a foot ball eleven in the game last year Only one change has been made in the lineup of the Bemidji quintet, Bailey having been given one of the forward positions. Although Bailey has never had much experience as a baskt ball player, he is a sturdy little athlete, and no doubt will make good. The Bemidji lineup this evening will be as follows: Larson, (cap- tain) centre; Spencer and McDon- ald, guards; Bailey and Elletson, forwards. \WHITES' NEW HOPE A RED Carl Morris Latest Fighter Picked to Beat Johnson, an Indian. Some joke on the boosters of the last and biggest “white man’s hope,” dear brothers and lovers of the ring. Yea, bo! For Carl Morris, the huge Oklahoman, touted as the grandest young elephant of many seasons, is an Indian, anl, therefore, shouldn't count as a “white man’s hope” at all. ‘When Morris was visiting the Kan- sas City newspapers a few days ago a scribe chanced to comment on the young giant’s high cheekbones and dark complexion. Morris explained TEN CENTS PER WEEK. WILLARD'S RULING WILL BE APPEALED Pending an Action By the United States Supreme Court His Deci- sion Will Stand TAFT TO REMOVE RESTRICTIONS Government, However, Will Take No Action on Judge Amiden’s De- cision. Washington, Jan. 26.—Semi-of- ficial announcement was made today | that the government-will take an ap- |peal to the United States supreme. Ecoun from Judge Willard’s decision Temoving the liquor 114 from flle-,‘ territory covered by the tresty of 1855. No appeal will be taken, however, from the decision of Judge Amidon, covering the territory in- cluded in the treaty of 1851 and em- bracing most of the city of Minne- apolis. * | Letters advising the attorney gen- | eral of this stand of the department | High School Basket Ball Team .to| of the interior are now being prepar- ed and will be forwarded immediate- {1y after Secretary Ballinger returns from Boston, where he is today. Di- rections probably will be sent to District Attorne)' Houpt within ten days, directing him to file the ap- peal from Judge Willard’s decision, in order that it may be brought to the attention of the supreme court as quickly as possible. It s probable also that the goy- ernment will submit a motion for the advancement of the case on the supreme court”docket, in order that term, which ‘ends the Iatter part of May. . Later information relative to President Taft's intentions as to the modification of the minor treaties is that he will remove the restric- tions on all territory where ke has the authority. It is expected that a formal announcement covering the entire liquor situaion will be made in a few days. The acceptance of the Amidon de- cision, which removes the lid from Minneapolis and practically all the southern part of Minnesota, will make it unnecessary for the presi- dent to issue any executive order re- lative to the sale of liquor in this territory. He did not have the option of mod- ifying the treaty of 1855, that pow- er lying with congress alone. Auth- orities here differ in their opinion whether the supreme court will sus- | tain or reverse Judge Willard's de- cision and it was because of this dif- ference of opinion that decision to appeal was reached. W. G. Calder- wood, of the Minnesota prohibition committee, was largely instrumental in impressing upon the minds of the officials of the interior department that the Willard decision was good law and, as has been stated here- tofore in these dispatches, called the attention of the authorities to sever- al decisions by tHe supreme court directly in conflict with Judge Wil- lard’s conclusions. i S. E. Nicholson, representing the that he came by these features nat-i“u'"l‘?" league, has indicated to urally, as his mother was a Cherokee | 1® Prsident that his organization Indian of Oklahoma. His father is an eastern man, said to be part Yan- kee and part German. LANDIS SETS A NEW MARK Chicago Jurist Fixes Appeal Bond at $1,100,000. Chicago, Jan. 27.—Judge Kenesaw M. Landis, who already held the rec- ord for having imposed the heaviest fine known—the Standard Oil fine of $29,000,000—set a new mark in the matter of appeal bonds, when he fixed the surety of $1,100,000 in the petition of John A. Lewis, named by Jolm Alexander Dowie as successor and heir to Zion City estate. The bond is the highest known in the history of the federal courts. The bond was set for the filing of a bill of exceptions on an appeal to the United States circuit court of appeals regarding the order permittig the sale of Dewie’s property to Ira Gobe and John McKinnon. 3 does not oppose a modification of the treaty of 1854, covering the north- eastern part of the state, and it is probable that the president will issue an order lifting the lid in that ter- ritory. Pending a decision by the supreme court, Judge Willard’s decision will stand, and the state of Minnesota will have to enforce the local liquor laws in the 1855 teritory. Doings of the Municipal Court. John Humphrey and John Ander- son were arraigned. before ' Judge Pendergast in the municipal court this morning on charges of being drunk. Humphrey was sentenced to 10 days in jail or to pay a fine of $8. Anderson was given a fine of $10 and costs or 20 days in jail; he took the twenty dsys.