Bemidji Daily Pioneer Newspaper, August 18, 1911, Page 1

T VOLUME 9. NUMBER 95. TORRANCE SCORES IN HAZEN BILL CASE Informed by Judge Stanton That “Bringing Prisoners Into Court” Items are Illegal. FUNKLEY TO ARGUE ON AUG. 28 Requests Time to Reply to Assertion of County Attorney that Docu- ment Contains Fraud. LATTER CITES LAW AS PROOF Asserts That Had Money Been Paid Out Peterson and George Would Have Been Liable, Although the case went over until August 28 to permit Henry Funkley, attorney for Sheriff Hazen, to make reply, County Attorney Torrance scored in his argument of the writ of mandamus proceedings before Judge C. W. Stanton late yesterday after- noon, the court making the announce- ment that the $66 charges for bring- ing prisoners into court were clearly | illegal. All Three in Court. The mandamus was brought against Viggo Peterson, chairman of the Beltrami board of county com- missioners and County Auditor James L. George to compel the payment of 2 bill of $752.70 for alleged services readered. Both Mr. Peterson and Mr. George were present and Sheriff Hazen was an interested spectator. Following the continuance of the proceedings, Mr. Funkley and Mr. Hazen with oth- er friends held a long conference in the sheriff’s office. Moves That Writ Be Dismissed. After the answers were presented to the Court Mr. Torrance said that while it was the usual practice, upon the interposition of answers, for the case to stand for trial as an ordinary action, that in this case he wished, on the undisputed facts appearing upon the face of the pleadings, to move the court to dismiss the writ as having been improvidently issued. The attention of the court was first called to the fact that while this ac- tion was apparently brought by the Sheriff against the Auditor and the Chairman of the Board, that the real party interested was the County of Beltrami; that it was an attempt made by a public officer to obtain money from the public treasury to which he was clearly not entitled, and that the writ must be dissolved, contended Mr. Torrance, because: It clearly- appeared from the bill the sheriff was trying to collect, that it contained illegal items and items for which the sheriff had no legal right to collect from the county. Reference was here made to the charges for bringing prisoners into court, for attendance on court and for mileage in bringing prisoners in- to court, and Judge Stanton prompt- ly stated that he needed no citation to authorities on that point, for he was satisfied beyond any question that such charges were illegal. Says Peterson and George Did Right. It was further argued that the writ must be discharged because, the bill containing illegal items, the respond- ents, Peterson and George, were clearly right in refusing to issue the warrant, and that if they had done so they would have laid themselves liable to repay to the county the money so improperly expended. It was contended on the part of the County Attorney that public officers entrusted with the disbursement of public funds, were bound to see that the public funds were only proper- ly paid out, and that if they had knowledge of the facts which made a bill illegal, and still paid the money, that they would be personally re- sponsible for their action. On this point the court was cited to the case of Town of Buyck vs. Buyck, 112 Minn. 94, decided July 20, 1910, where a town treasurer had to repay to the town over $9,000 for paying illegal warrants on bills which had been passed by the town board, orders drawn by the Town Clerk, but which the Treasurer knew were not legal claims against the Town, and to that portion which reads as follows: On Danger of Public Plunder. It is the duty of a public of- ficer, charged with the custody and expenditure of the public money, to keep it safely and dis- burse it in accordance with law. For a fallure to do so he is liable to the municipality he repre- sents. It is no answer for him to say that while he knew the facts he did not know the law. To sustain a plea of that sort would open the door to PUBLIC PLUN- DER. Nor is the question of his lia- bility in any way controlled by the fact that a town board, in allowing claims, acts judicially. In whatever capacity they may act, defendant’s knowledge of the facts and his participation therein expose him-to liability That defendant is liable for the misapplied money is settled by the decisions of this and other courts. Says Hazen Misled Court. It was further contended that the writ must be dismissed at this time because the relator, Hazen, had mis- led the court.by making a showing, in order to obtain the writ, that he had put in a bill to the board that was correct, a bill that had been veri- fied by Hazen to the ecect that “the services therein charged had been actually performed, and that the fees therein charged were such fees as are allowed by law,” whereas it now appeared conclusively that many of the fees charged were without any aathority of law whatever. The court’s attention was called to the fact that the Write of Manda- mus is not issued as a matter of right, that in ordinary actions par- ties are left to their ordinary reme- dies, and that the writ can only be used where the right to the exact re- lief sought is clear; that it will not issue to test doubtful rights; that a party seeking such a writ must come into court with clean hands, that where it appears that a claim is tainted with fraud or illegality, the relief sought will be denied; and it ‘was argued that in this case the right of Hazen to this order was not clear, but that he was clearly not entitled to it; that this suit was brought to determine doubtful rights; that the county had a claim against the sher- iff for similar illegal charges all through the years 1909 and 1910; that the Sheriff did not come into court with “clean hands,” but that the claim was tainted, throngh and through, with fraud and illegality. Cites Supreme Court - Cases. Authorities from the Supreme Court of this state were cited in sup- port of every proposition advanced. Mr. Funkley stated to the Court that he did not then have any au- thorities to submit to the Court, that he did not know what matters of defense would be interposed, and that he would like time to look into the matter and later argue his side of the case. The Court suggested that the matter be again taken up today, but at the request of Mr. Funkley the hearing was continued until August 28, at 10 a. m. LOYALTY OF AFRICAN NATIVES He Had Been One of Livingstone’s Boy; Preferred to Die By Load. While journeying through central Africa once, after several days of severe marching, the men of Alfred J. Swann’s caravan failed to reach camp. He returned to them with water and assistance, and finding the carts with only half their crew, he asked where the heavy load was and they replied, “miles behind.” It was on this journey that he witnessed a remarkable instance of the endur- ance and loyalty of a black man. _Fearing the men would be starved, writes Mr. Swann in “Fighting the Slave-Hunters in Central Africa,” we pressed on toward them, and finally discovered the load drawn up under a hush. Searching round for traces of the crew, I heard a voice faintly call out: “I am alive, but give me water.” On looking into the bush, we dis- covered the leader, sheltered from the sun, and after giving him water, I asked: “Where are the others?”” “Gone on to cam he replied, “for food and water.” “Wiy did you not-go?” “No, master, I could not leave the boat section. My name is Mahau- bubu. 1 was one of Livingstone’s bubu. T was one of Livingstone's boys. I should have died by the load. I cut off the hide lashings and ate them, and the roots I dug up and sucked for moisture.” Let no man question, concludes Mr. Swann, the ability of black men to perform loyal service after evidence of such heroic conduct.—Youth’s Companion. Among the Cannibals. “In my most successful povel,” said Upton Sinclair, at a vegetarian banquet in New York, “I aimed at the public’s heart and hit it, with my beef talk in the stomacr. “I was rather 'like the Bangala missionary, who said: “4q failed, alas, to bring tears to those cannibals’ eyes, but at’ least I .|made. their mouths water.’” CHEAP GRAPES COME OTHER FOOD HIGHER Canned Products to Make Substantial Increase as Result Recent Pure Goods Ruling. SUGAR ALSO IN NEW INCREASE Oranges Join Procession and Peach- Unusually Scarce, Held at 50 Cents Dozen. ALL BERRIES THING OF PAST Plenty of Finest Kind of Home Grown Vegetables to Be-on Market Saturday. Concord grapes have arrived and they are selling unusually cheap, 35 cents for a 10 pound basket, but aside from this crum—or drop—of comfort, the market man has no glad tidings, so far as prices are con- cerned for Bemidji housekeepers. In fact the high cost of living promises to edge up still a little closer to the moon, and this will es- pecially be true of canned tomatoes, peas and corn. Sugar in Another Jump. Incidentally sugar, which has been aeroplaning around for some time, is still trying for the altitude record, advanced during the past few days shoving that commodity up to $7 for 1100 pounds. No attempt is made to explain this new jump but in the case of the canned goods new pure food rulings are responsible. Tomatoes which formerly sold at 15-cents a can will cost 20 while 10 cent peas are a thing of the past and corn will show about the same-amount of increase. | -~ New Law_ Prohibits Junk. Under the new ruling, however, it will be impossible for the packers to can anything but solid tomatoes, perfect peas and unadulterated corn, so that while the price is more, the produce will be better. In some in- stances in the past the cheaper grades have contained peeling, over ripe to- matoes and imperfect vegetables have been used in the other cans. On the Bemidji market. tomorrow will find an abundance of wild plums selling at 8 cents a quart. High bush cranberries, picked in this vicinity, will also be found in profusion. No Blackberries This Year There will be no other berries of any kind, the berry season, so far as the merchants are concerned being a thing of the past. No blackberries. have been received and there will be none here this year, say the deal- ers. Oranges are another commodity which are moving up into the aris- tocratic class, having flapped their way into the 50 cents a dozen class. Lemons live up to their name and will not budge at less than 40 cents. Many Home Grown Vegetables. ‘When it comes to home grown veg- etables, the housewife will find a tempting array at reasonable prices, including green corn, at 10 cents, cabbage, with heads as hard as a darkey’s, 3 cents a pound; potatoes, 75 cents a bushel; hubbard squash at 10, 15 and 20 cents. The smaller members of the vegetable family, on- ions, radishes, lettuce, carrots, tur- nips, etc., can be had fresh from the garden. Water melons are selling at 45 cents. If that's too much' a half a melon can be purchased. Canteloupe is hard to get. Peaches are a poor crop, extremely high and scarce. They are now-sel- ling at 30 cents a dozen or $1.75 a crate. Secret Cameras. A number of secret cameras are on the market. One resembles a pair of field glasses. While the photo- grapher is apparently looking at-a distant view he is in reality snap- ping the unsuspecting person at his side. Market for Canadian Tomatoes. Sample boxes of tomatoes, pnbked in peat and sawdust, were recently despatched from Toronto to Covent garden. It is thought that a brisk oped between' England and Ontario. Not of Much Account. A man who can’t stand prosperity isn’t likely to bear up very well un- der. adversity. trade in this vegetable can be devel-| RECEIVING sdp«m OF CITY ———— A. BE. Brown, who has conducted business colleges; in' Faribault, New Ulm and Northfield, Minnesota, fs arranging to opeh & business college in Bemidji. About three imonths ago Mr. Brown’s attentionr was called to the fact that Bemidji,was without a bus- iness college. He has received suffi-| cient encouragement through a small campaign of advertising in papers in this community # insure a success- ful college here. /- Mr. Brown hag established head- quarters at the Rex Hotel and will remain in Bemidjl for several weeks, during which time “he will perfect arrangements regarding the renting of suitable quartérs and of organiz- ing classes for slmrlhnnd and type- writing. He expects to. open the school about September 1 and will be pre- pared to give speglal individual in- struction to all: students from the grades and the high school. Ad- vanced work will also be given to high school gradugtes. Nearly 100 names have come, to Mr. Brown in response to his adver- tisement from Bemidji and the sur- rounding country {and towns. Stud- ents from International Falls, Miz- pah, Northome, |Blackduck, McIn- tosh, Pequot and other cities of this northern - country —have expresied their desire to attend a buslness col- lege in Bemidji. A number of thé business men and members of the Commercial club in- cluding Mayor John.C. Parker and F. J. Burke, president of-the Com- mercial club, favor the new enter- prise and believe that Bemidji should accord a hearty welcome to the new school. BOOKSELLER EMm'm BOOK| “Lie There, Thou Son of Dullness, Ignorance and Obsecurity-” Tom Osborne, the bookseller, was one of “that mercantile rugged race to which the delicacy of the poet is sometimes exposed.” Osborne, irritated by what he though an unnecessary delay on the part of Johnson, went one day into the room where Johnson was sitting and abused himin the most illiberal manner. Johnson heard him sometime un- moved; but at last losing all patience he seized a huge folio and, aiming a blow at the bookseller’s head, suc- ceeded in sending him sprawling to the floor. Osborne - alarmed the family by his cries; but Johnson, placing his foot on his breast, would not let him stir till he had exposed him in that situation; and then left him with this triumphant expres- sion: “Lie there, thou son of dull- ness, ignorance and obsecurity.”— Kearsley’s “Anecdotes.” CANDIDATE FOR LEGISLATURE Joe Harkins Won Nomination By Display of Agility. “Any news down my way?” re- peated the farmer, as he stopped his team and bit a chew off his plug. “Well, I kin give you-a leetle bit, I guess. It hain’t earthquakes nor cy- clones, but it'does purty well for our place.” “Well?” queried the tollgate man. “Well, the news is that Jim Wil- liam’s wife’s canary bird got out of the cage the other day and she had to chase it more’n two hours to get it back.” “That isn’t much news.” “Nope, I s’pose not, but I was sav- ing the best for the last.” : “And what is it?” “Why, a tin peddler came along and bet Joe Harkins that he could outjump him, and Joe held his breath and jumped seven feet and ~won the bet, and it’s already settled that we are to run him for the legislature next fall.” Such Funny: Parents. “Oh, mamma, I met such a funny little girl at. school today.” “Did you, dear? What was funny about her?” 9 “Her papa and mamma have not been divorced.” - Normal: Children. " All proper children are destruc- tive. That is their way of finding out what things are made of. But they get over it." It is not well to ‘'senger train being compelled to make | thair-arsival in-Bomidfic-- & +The ‘train. pulled jinto Bemidii. at BY WRECK DINE HERE Fifty-six Landlords Who Had- Been to Grand Forks Here For Hur- ry Up Dinner. FREIGHT IN DITCH- AT BENOIT This Compels Visitors to Return to Crookston, Using Northern Paci- fic as Far as Dugdall. LEAVE AT NOON FOR DULUTH Will Be Entertained There and Then (o to St Paul and Minneapolis to Disband, The Northwestern hotel men, who held a convention at Grand Forks, N. D, Tuesday and Wednesday of this week, came to Bemidji today over the Great Northern Railroad about 11 a. m., the train being 12 hours late. It was due to reach here shortly af- ter midnight. The cause of ‘he delay was a wreck of a freight train near Benoit, thir- teen miles out of Crookston. - Had to Go Back to Crookston. The wreck was caused by a derail- ment of the engine piling up the entire train of freight cars. The pas- the run back to Crookston and run over on the Northern Pacific tracks to Dugdale, where they again ran on the Great Northern road. “Prepare Dinner” Message Received. About 10 o’clock this morning word was received at the Markham Hotel to prepare dinner for 56 hotel men, to be served immediately unnn 11:10 sharp and the men were at once taken to the Markham Hotel, where dinner was in waiting. After dinner the visitors hustled on board the train and continued on their way to Duluth. : To Be Entertained in Duluth. The hotel men of Duluth have made special preparations for the ar- rival of this gathering and will en- tertain them in. that city Saturday and Sunday. From Duluth they will go to St. Paul ‘and Minneapolis, where the party will disband. The Northwestern Hotel Men’s As- sociation consists of representatives of various cities of five states: North and South Dakota, Iowa, Nebraska and Minnesota. The trip was pure- ly an advertisement and a part of the social function, arrangements of which were made by the association at its meeting in Grand Forks. Can you Say This Without Sneezing? Thomas Thistle, the sucessful thistle sifter, in sifting a sieve full of unsifted thistles thrust three thou- sand through the thick of his thumb. How many would’st thou, an unsue- cessful thistle sifter in sifting a sieve full of wunsifted thistles, thrust through the thick of thy thumb? Success to the successful thistle sifter Bridge Perfectly Adjusted. In the Forth bridge there is a hor- izontal pull of 10,000 tons on the chief spans, and the weight of 100,- 000 tons o ntheir bases. Half a dozen ironclads might be hung upon them without causing any undue strain. Learn How to Shake Hands. Few people know how to shake hands well; the general run of folk either give a limp paw and allow it to be shaken, or else grasp yours in theirs and nearly dislocate it with their violence.—London World. Utilize Every Moment: Know the true value . of time; snatch, seize, and enjoy every mo- ment of it.. No idleness, no laziness, no procrastination: Never put off till tomorrow what you can do to- day.—Earl of Chesterfield. The Ignorance of Casey. Casey—Phwat kind av a horse is a cob?. Mulligan—It’'s wan thot’s been raised intoirly on corn, ye ignoramus. Keep YanrM Counsel.” take inconvenient activities too ser- lously.—George Hodges, in Atlantic. Tell your secrets and become & [KEEPS PRISONER'S CASH Charles Ingram Turnkey at Interna- tional Falls, Sentenced on Grand / Larceny Charge. TAKEN TO THE REFORMATORY Because he searched a prisoner in the Koochiching county jail at In- ternational Falls and found $30 which he kept, Charles Ingram, 27 years, was yesterday committed to the reformatory at St. Cloud- by Judge C. W. Stanton of this city. Ingram was brought to Bemidji by County Attorney McPartlin and Clerk of Court J. H. Drummond of International Falls to enter a plea of guilty and receive sentence. The young man had been employed as a turnkey at the jail and part of his duties was to search prisoners when brought in to be locked up. Af- ter baving searched the man who had $30 he resigned his position, but was later arrested in "Internation- al Falls and the money taken from the prisoner. was found upon him. The specific charge was grand lar- ceny in the gecond degree. Once be- fore he was arrested on a similar charge. On gccount of the prisoner’s youth and his vigorous assertions of “never again,” he was let off with a reformatory sentence and has been taken to the St. Cloud institution. CASE ON OVER LOST LOGS International Company. Alleges Brad- ley Concern Took 1,000,000 Feet and Sawed Them. ASK FOR INJUNCTION-RECEIVER A case inyolving the alleged dis- before Judge C. W. Stanton,” the In- ternational Lumber company bring- ing action against the Bradley Tim- ber and Railway Supply company, al- leging that the logs were taken by that concern to Gemmell where they were converted into timber. Harris Richardson of St. Paul, ap- pears as attorney for the Interna- tional company and Albert Baldwin of St.: Paul together with Judge Spooagr and F. 0. Jevne of Big Falls for the defendants: The International company re- quests a restraining injunction and that a receiver be appointed. Arguments are being heard this af- ternoon by Judge Stanton in cham- bers here. ELKS BUY SITE FOR NEW HOME Purchase Mclver'’s Two Lots; Plans on for Building. According to present plans, with- in two years’ time the Bemidji lodge of Elks will be located in a modern new home erected by themselves in the heart of the business section, on Beltrami avenue between Fourth and Third on the site now occupied by Meclver’s livery stable, these two lots having been purchased by the Elks at an enthusiastic meeting here last night. The Elks have been looking for a location for several weeks and the building committee of which Ray Murphy is chairman and other mem- bers are George Kreatz, Joe Harring- ton, Gene Berman and John Graham, have considered several different propositions. The committee camé to the conclu- sion that the Mclver 50 foot lots were by far the more desirable and the report that this site be purchased was favorably received by the lodge. The lodge also authorized the com- mittee to now proceed to devise ways and means whereby a new building can be constructed and it is expect- ed one will be erected within two years, At present there will be no change on the Mclver property. Francis Joseph is 81 Today. . Vienna, Aug. 18.—Emperor Fran- ¢ls Joseph today celebrated his 81st birthday, as has been his custom for some years, in retirement in the im- perial summer villa at Ischl. The people kept a general holiday and in thanksgiving were held. Cruelty. of Love. ; A New England sentimentalist uldn’t marry the girl he loved, so ed in bed 40 years. The old, old ory. - Just trying to hy dnwn his lfle for her... slave—Sterne. all the churches special seryices of | TEN CENTS PER WEEK.. SIMPSON TO QUIT; PETERSON PLEASED Beltrami Chairman Comments on At- torney General’s Resignation to Take Effect Jan. 1. SMITH TO FILL VACANT .OFFICE Named By Governor Eberhart, Who Has Accepted Offer of Present Occupant to Quit. HAS LONG BEEN PUBLIC WORKER Came to Minnesota in 1888 and Has Twice Served as Lieutenant Gov- ernor of State, “Well, T am only sorry that he doesn’t quit today, instead of Janu- ary 1,” was Viggo Peterson’s com- ment of the public announcement of George T. Simpson that he was to retire as attorney general on January 1, 1912. Mr. Peterson was in Bemidji today on business connected with the man- damus proceeding brought against him by Sheriff Hazen. He did not attempt to conceal his satisfaction over the prospect of the public offi- cial who has blocked his efforts to have the sheriff’s office investigated retiring to private life. The attorney general presented his resignation to Governor Eberhart yesterday and it was accepted and Lyndon A. Smith, at present assist- ant attorney general, was named to succeed Mr. Simpson on January 1 next, Lyndon A. Smith’s Record. “Lyndon A. Smith, who will become attorney general immediately after Mr. - Simpson’s resignation” becomes effective January 1, 1912, was lieu- tenant governor of Minnesota from 1899 until 1903. He was born in Merrimac county, 'New Hampshire, in 1854. He was born in the same county and in the same month as Justice Calvin S. Brown of the Min- nesota supreme court. Mr. Smith’s father was a Congre- gational minister, who died when Lyndon was eight years old. To the boy was entrusted the ask of provid- ing for the family. He went to work, doing odd jobs. When he was 17 years old, his occupation was work- ing on farms in the summer and teaching school in the winter. When he was 22 years old he had saved sufficient money to enable him to en- ter Dartmouth college and he gradu- ated from the straight academic course there in 1880. He was vale- dictorian of his class and won all the college prizes in Latin and math- ematics. The same year in which he graduated at Dartmouth, he went to Washington, D. C., where he obtained a position as assistant to Commis- sioner General John Eaton in the bu- reau of education in the national cap- itol. While working in this place, he attended Georgetown University, where in 1882, he got his L. L. B, degree, and in 1884 his L. L., degree. Came to Minnesota in 1885. In 1885 Mr. Smith came to Min- nesota and opened up a law office at Montevideo where he has maintained his home, since. He was elected lieu- tenant governor of this state in 1899 and served until 1903. He was elect- ed county attorney at his home in 1889 and served until 1891, and again in 1903 he was elected county attorney, serving this time until 1909 when he became first assistant attor- ney general under Mr. Simpson. Mr. Smith is married and has one daughter—Charlotte. He is a mem- ber of the Congregational church, and belongs to the Masonic, 0dd Fel- lows and A. 0. U. W., lodges. J. and P. Coats Plant Closes. Pawtucket, R. I, Aug. 18.—The big plant of the J. and P. Coats Com- pany will shut down at the close of business tomorrow and will not re- sume operations for at least four weeks. Twenty-six hundred em- ployes will be thrown out of work temporarily. Lack of orders is said to be responsible for the shut-down. Togo to Visit Niagara Falls. Boston, Mass., Aug. 18.—Admiral Togo, after spending the morning in an inspection of the public library, art museum and other places of in- terest, visited Cambridge and Har- vard Usiversity this afternoon. The party returned to Boston®n time to take the later’ afternoon train for | Buftalo’and Niagara Falls.