Bemidji Daily Pioneer Newspaper, August 29, 1911, Page 1

THE VOLUME 9. NUMBER 104. MONEY DUE HAZEN, FUNKLEY DECLARES Tells Court Question of Mileage and Other Items Settled When Board Passed Bill. “WHY AN AUDITOR?" TORRANCE County Attorney Also Shows Sher- iff's Plea That Mandamus is Last Recourse is Wrong. JUDGE WITHHOLDS DECISION Announcement, However, Expected By Both Sides Within the Next Few Days. i | | In chambers before Judge C. W. Stauton yesterday, Henry Funkley, attorney for Sheriff Hazen presented arguments in reply to County Attor- ney Torrance's attack of the bill held | up by Viggo Peterson, chairman of the board of county commissioners and County Auditor James L. George, amounting to $752.70. Following the reading of a type-| written brief by Mr. Funkley, Judge Stanton took the mandamus proceed- ings under consideration and is ex- pected to give a decision in the near future, so that, if necessary, the case may come up for trial at the Septem- | ber term of court. Passes Board; Pay Money. Mr. Funkley, for Mr. Hazen, ad- mitted that that certain items in the bill in question might be iliegal but contended that in any event the| court has no right to block payment even in the face of assumption that the bLill was passed by the county commissioners and that when so passed, its legelity is ot.once estab- lished. What's An Auditor For? Mr. Torrance, for the county, wanted to know what a county audi- tor, chairman of the board or-& coun- | ty attorney is for, if not to detect illegal charges and refuse payment on such bills, or if such bills are paid to attempt to recover. No Intent of Fraud, Says Funkley. Mr. Funkley asserted that there| was no indication that Sheriff Hazen, although his bill might in a degree be improper, was guilty of any at- tempt at fraud and that he should| be paid for such services as have| properly been given the county. The plea, with emphasis, also was made that the sheriff has no re- course other than his present man- damus proceedings. Why Not New and Proper Bill? To this County Attorney Torrance | called attention to the fact that the original bill containing the present | offensive items was presented to the board containing items for subpoe- nas served by mail; that these items were stricken out and that the bill was presented, after it had first been | held up by the board, and that then the bill was allowed but held up by the chairman and auditor, and that if the sheriff could present a revised bill once to the board he mow could present another one, and pro\'idlngl there is any merit in it, have it al-| lowed by the board and paid by the auditor. Cites an Old Case. Mr. Funkley also asserted that in all but one instance the supreme court decisions cited by Mr. Tor- rance had no bearing on the case, which lead to an amusing incident, Mr. Torrance calling the court’s at- tention to a similar case here some | time ago when Mr. Funkley repre- sented the county with the same con- tentions as is now being made against his client, the sheriff. HAD RIGHT TO ABSOLUTE TITLE New Zealand Chief’s Residence Con- tested as Illegal. A French paper says that a New Zealand chief had just taken up his residence upon a piece of land, his right to which was contested: “I have got an undoubted title to the property,” he observed, “as I ate the preceding owner.” Plucky Robin. In Ladybank Auction Mart, an en- ergetic auctioneer had knocked a hole in t he rostrum with his hammer. In- side this hole and behind the board- ing a robin has built its nest, where it is now sitting on four eggs.—The i water committee attempt to solve the | |schedule partially completed at the CITY LOSES SMALL OCEAN Fourteen Million Gallons of Water Disappears, and No One Knows Where It Went. MYSTERY TO BE INVESTIGATED Lost, strayed or stolen, 14,000,000 gallons of water. According to figures presented to the eity council last night, this small ocean has mysteriously disappeared from the Bemidji waterworks system and it was decided that a committee composed of the city engineer, city water clerk and the chairman of the riddle. 3 Figures Show the Loss. City Clerk George Stein has figures showing that during the month of April the meters at the pumping sta- | tlon registered for April 8,505,000 ! gallons; May 9,855,700; June 10, 937,800, a total for these three three months of 29,299,300 gallons. It is known that the meter meas- ures at the station overrun the ac- tual amount pumped about one-sixth and allowing 5,000,000 for this dis- crepancy, then adding the amount registered in consumers’ meters, there still remains 14,000,000 gal.- lons to be accounted for. No One Knows Answer. 1 City Water Clerk Eckstrom was present but could offer no explana- tion of the shortage. By some of the aldermen it was suggested that pos- sibly the work on the streets in con-| nection with the paving and sprink- ling, etc., might offer an explanation but they were reminded that during the months for the figures presented there was little water used on the SALOON FIGHT WON OVER MAYOR'S VETO Liquor Zone Limits Extended to In- clude Building Owned by Duluth Brewing Company. ENDS HARD FOUGHT CONTEST Action Once Blocked By Tie, Later Passed Only to Be Turned Down By Parker. TO POST PAUPER DRUNKARDS List of Persons Sapported By City to Be Furnished Liquor Men—32 Arrests in July. After a battle unique in Bemidji municipal affairs, the Duluth Brew- ing Company has won, over the may- or’s veto a fight to establish a saloon in its building opposite the ity hall, Minnesota avenue and Fourth street, and thereby enlarges the saloon zone territory originally planned by an ordinance several weeks ago which sought to limit the saloons to points south of Fourth street. History of the Fight. The original ordinance was first favored by the council but later an amendment was presented to take in the brewing company’s building. A letter, addressed to City Attorney Russell from -the Duluth Brewing S Company, alleged discrimination. . = “The first vote on the amendment was It was the general opinion that 2 tia there is a serious leak possibly by means of broken water main, such as the one which flooded the Netzer cor- ner not long ago, and t imme- diate steps should be ascer- tain_the truth. 5| Will Make Tests. It was prop6sed that the exact pumping power be first ubtained by making necessary tests. According to the figures now at hand-a ompar- atively small part of the water pre- sumed to be pumped is ever paid for or consumed. The water committee, of which Al- derman Smart is chairman, will re- port its findings at the earliest mo- ment. TAFT IS TO VISIT 24 STATES Partially Completed Itinerary Shows He Will Visit Minnesota. Beverly, Mass., Aug. 29.—Twenty- four states of the union will be visit- ed by President Taft on the swring around the circuit, according to a executive offices. The president will start Sept. 15 and, with the excep- tion of five states and Arizona and New Mexico, he will pass through ev- ery commonwealth west of the Mis- sissippi. Included in the twenty-four are Massachusetts, New York, Pennsyl- vania, Ohio, Michigan, Illinois, In- diana, Missouri, Iowa, Kansas, Ne- braska, Colorado, Wyoming, Utah, Nevada, California, Oregon, Wash- ington, ldaho, Montana, South Da- kota, Minnesota, Wisconsin and Maryland. Among the big cities that the pres- ident will visit are Minneapolis and St. Paul, Syracuse, Erie, Detroit, Chi- cago, St. Louis, Omaha, Kansas City, Denver, Cheyenne, Salt Lake City, Los Angeles, San Francisco, Sacra- mento, Portland, Ore.; Tacoma, Se- attle, Spokane, Wallace, Idaho; Butte and Billings, Mont.; Deadwood, Ab- erdeen and Pierre, S. D.; Milwaukee and Pittsburg. The president has abandoned his visit to Tennessee, planned long ago, and the time allotted to it will be spent in Michigan where a progres- sive movement to capture the dele- gates to the next republican national convention has been launched. Many Days for Public Worship. By different nations every day in the week is set apart for public wor- ship—Sunday by the Christians, Monday by the Greeks, Tuesday by the Persians, Wednesday by the As- syrians, Thursday by the Egyptians, Friday by the Turks, and Saturday by the Jews. An Autocrat’s Relaxation. “You seem to get a great deal of pleasure out of business.” “Yes,” re- plied Mr. Dustin Stax, “after I have fretted over a golf match there's nothing rests me up like getting back Scotchman. to my desk, where I can have every- thing my own way.” Next time the amendment was adopted, but the week following May- or Parker presented a veto. Last nig the amendment was adopted ) this veto, Bafley, Crippen, Browugy- Elcla, Swart snd Bisiar-vot- ing"n favor and Knute Roe voting against. President L. F. Johnson did not vote. 32 Arrested in July. Frank Silversack was granted a transfer of his license to Matt Hoeff- ner, who will continue to conduct the saloon on the southeast corner of Minnesota avenue and Fourth street. John Flatley’s liquor license was re- newed. The munieipal eourt report for last month presented last night shows that there were 32 arrests made in Bemidji and that a total of $183 was taken in, in fines. Paupers Must Not Drink. As soon as a list can be prepared by Alderman Brown and presented to City Attorney P. J. Raussell, all paupers being cared for, who are known to .become intoxicated, will have their names posted with the saloonkeepers who will be instructed to refuse to sell them liquor. Some Have Imbibed. This action was decided upon be- cause of the fact that members of the pauper colony at the poor farm have been in the habit of coming to Bemidji to drown their sorrows in liquor. The council thought that if a man is too poor to support him- self he is not entitled to become: in- toxicated. The city attorney reaa the law which provides that, when notified, saloonkeepers must refuse to sell to “spendthrift or impover- ished persons.” HUMBOLDT, JOWA.—The North- ern Iowa Power and Light Company is just completing its second dam across the Des Moines river here, built at a’ cost of $100,000. RISING OF SIRIUS, THE DOG STAR Timed Advent of Season of the Year Commonly Known as Dog Days. Dog days is the name applied to the heated season of the year at the time of the heliacal rising of Sirius, the dog star; that is, the tome when it rose just before the sun. They usu- ally lasted about 40 days. We still retain the expression of dog days as applied to the hottest season of the year, but owing to the procession of the equinoxes it is no longer the time of the heliacal rising of the dog star. Youth Never to Be Recalled. A man has a shrewd suspicion that age has overtaken him when he keeps | assuring you that he feels as young as ever—and he doesn’t know but— younger. Poor fellow, he whistles to keep his courage up; but, alas! he cannot recall youth as he calls his pointer—with a whistle. (Copyright. 1911) ISTANTON HAS BUSY DAY Hears Cases Involving Loss of Tim- ber, Street Car Company, Alimony and Bridge Bonds. IMPORTANT DECISiONS PEND With arguments in & case where the International Lumber company | seeks, to collect treblp damages for #4300 Sworth of timber 1 alleges was cut from its preserves adjoining Big Falls; a request for an injunction to restrain the laying of rails on the street car tracks at International Falls; assertions that a bond issue for a bridge near Grand Rapids was illegal and an appeal to declare an International Falls laundryman in contempt for failing to pay his wife temporary alimony, Judge C. W. Stanton spent a fairly busy day to- day. In addition to all these things up for consideration today the judge is preparing several important decis- ions, including the one involving the propriety of Chairman Pet- erson and Auditor George in hold- ing up an alleged illegal bill pre- sented by Sheriff Hazen. The first case, considered today was that of the lumber company against George E. Robinson, owner of the townsite of Big Falls and his son, T. Robinson, charged with hav- ing cut $300 worth of timber and for which the lumber company asks $900. C. J. Rockwood of Minneapo- lis appears for the plaintiff and At- torney Jerome of Lind, Ueland & Jerome, of Minneapolis, for the de- fendant and associated with him is J. O. Jeyne of Big Falls. Arguments on the case are still on. The street car case is a request for an injunction by the City of Inter- | national Falls to restrain the Dakota & Western Railroad company, a Backus-Brooks concern, from putting down its rails on Fourth street in that city. Attorney Rockwood ap- pears for Backus-Brooks and Frank Palmer, city attorney for Interna- tional Falls. A decision will be giv- en later. Attorney A. E. Burdick of Inter- national Falls made the motion to cite C. B. Lang, proprietor of the International Falls Steam Laundry, for contempt of court because it is alleged that he has failed to pay ali- mony to his wife who is sning for divorce. Attorney Palmer is look- ing after Mr. Lang’s side of the case. Former state Senator C. C. McCar- thy and former County Attorney Frank Price were before the judge in the case involving the legality of bonds for a $15,000 bridge near Grand Rapids. DR. GILMORE’S BROTHER DIES Passes Away at St. Louis After Ling- ering Iliness, Dr. Rowland W. ' Gilmore was {called to St. Louis, Mo., this morning by the death of an elder brother, Henry Gilmore, who has been ill for some time. His death was not un- expected. Dr. Gilmore will make | arrangements to have the body of his brother taken to Toronto, where T PPOPDOOCOBLOBDOGOOS® © Outside News Condensed. ¢ R R R R R R R R R R R R SRR KANSAS CITY—President Taft has accepted the invitation to speak before the National Conservation Congress, which will assemble here next month. PRINCE ALBERT, SASK.—Hoo Sam shot and killed Mark Yuen and fatally wounded Mark Yin. Both the victims were partners in Hoo Sam’s | Chinese restaurant. BOSTON, _MASS. — The thirty- fourth annual meeting of the Ameri- can Bar Association’ was opemed in Huntington \ Hall, today, and will Continue ~through_ temorrow - @nd Thursday; concluding with a ban- quet Thursday evening. TOPEKA, KAN.—Answers by the bushel basket full are being forward- ed to the young Massachusetts widow who recently wrote to Arthur Cap- per, Republican candidate for gover- nor, requesting him to find her a hus- band—*“a westerner, big-bodied and ‘whole-souled.” ATLANTA, GA.—In the presence of a great gathering of prelates and priests of the South and of the Cath- olic laity of Atlanta and vicinity the Rev. John E. Gunn, D. D., was today consecrated bishop of Natchez, Miss., as successor of the late Bishop Hes- lin. ST. CLOUD, MINN.—The general committee representing the Commer- cial club has appointed subcommit- tees to arrange for the entertain- ment of the delegates to the annual convention of the Northern Minneso- ta Development league, which will be held in St. Cloud Dec. 8 and 9. JEFFERSONVILLE, IND.—Wil- liam Lee, confessed murderer of his parents and brother, was brought here from Princeton and placed in solitary confinement at the state re- formatory. He has supplemented his confession with a statement that he feared his parents intended to kill him. i CHARLESTON, S. C.—As the re- sult of a freak storm which struck this city and Savannah last night, and which reached hurricane propor- tions, Charleston has been practical- ly isolated from the world for 24 hours. Five "persons are known to have been killed near here and prop- erty losses, it is estimated, will reach $1,000,000. ST. PAUL.—A diamond said to be worth $1,800, which L. M. Rosen- crantz, a diamond merchant of Chi- cago, lost while in Minneapolis on his way to Seattle some time ago, was found while Rosencrantz was again in the city on his return jour- ney to Chicago. The gem was found in the tufts of a large leather chair in the depot waiting room. It had been for days within the reach of any person who happened to sit in the chair. MINOT, N. D.—A large force of deputies and Sheriff Ed. Kelly are on the trail of the robbers who se- cured $1,200 in money and goods at Flaxton and Kenmare, N. D., Sunday night, but no arrests had been made up to a late hour today. At Flaxton the yeggman broke into the postof- fice and secured $250 in cash and $400 in stamps. They also secured $300 in jewelry from L. Randall’s store at Kenmare. They secured about $100 worth of clothing from P. M. Cole’s department store and a large quantity of revolvers and raz- ors from G. A. Bodner’s hardware interment. will be made. TEN CENTS PER WEEK. WARN RECKLESS RIDERS Council Passes New Bicycle Ordi- nance But Promises Woe to the Scorchers. BISIAR VOTES AGAINST ORDER As’soon as the mayér signs the ordinance and it is published, it will be. legal forowgers of bicycles to ride <but 4 sidewalks nine hours a day, threé in the morning, threg at noon and three }in thé evening...- - The new law was-passed by the council last night but not until after there had been renewed discussion as to its wisdom. Some of the alder- men expressed the fear that reckless riders would take advantage of the privileges extended and Alderman Bisiar was against it to the last, vot- ing against the ordinance. The measure passed- with the dis- tinct understanding that reckless riders or persons who use the walks at times other than the specified hours be promptly arrested and brought into court. For a time it looked as if the or- diance might go to the discard and Alderman Sherman C. Bailey, who favors the ordinance, suggested that it be laid on the table for a week in order that the bicyclists might be conferred with before definite action was taken. Alderman Klein said there was danger to pedestrians on some of the streets, especially Bemidji avenue. “I have been walking on Bemidji avenue for nine years and I never saw any danger from bicycles,” re- torted City Attorney Russell. The motion in favor of the ordi- nance carried with but one dissent- ing vote. $1 AND QUIZ FOR LICENSES Blackduck Man Gets No. 1; Five Is- sued to Bemidji Residents. Alfred Heft, received the first hunting license for the small game season which opens September 7, and inciden- tally, it is officially recorded that Alfred is 33 years old, 5 feet, 11 3-4 inches in height, weighs 150 pounds and that he has blue eyes and red hair. Whether these notes are to be used in a man’s obituary if he is shot by himself or someone else, isn’t ex- plained but it is presumed that the law requires the data so that a man can not loan his license. Harry Mayer the traveling man, 32 years old and Weighing 200 pounds has license No. 2 in his possession; G. M. Palmer, the hardware man, No. 3; and Ben Lakin, A. E. Chamberlain and Frank S. Lycan complete the list to date. These licenses cost $1 and are for small game only. The big game li- censes will not be issued until three days before the season opens in De- cember. Earth’s Core. At a meeting of a scientific society at The Hague, Professor Weichert as- serted that his studies of the varying velocity of earthquake tremors, pass- ing throngh the interior of the globe, W of the down town| of Blackduck has| DUMAS PIPE DREAM ‘INSULT’ SAYS JANES Story in Duluth Paper That Politics is Behind Present Move, Arouses Attorney General’s Aid. HOLDS IT UNFAIR TO BOTH SIDES Ridicules Idea That Any Faction Can i Snecessfully Plot to Send Man to Penitentiary. DECLARES IT UNJUST TO COUNTY Fears False Impression Might Endan- ger Jury By Feelings Aroused by Such Intimations. Characterizing an article in a Du- luth morning paper of yesterday in Which it is asserted that politics are playing a leading part in the Duinas case and that Mike Davis is being sheltered on Star Island at Cass Lake as an insult to Beltrami county, and an injustice to the entire North coun- try, Assistant Attorney General Al- exander L. Janes, before leaving last night for St. Paul authorized the fol- lowing: The intimation that undue in- fluence is being used, or has been used, is an injustice to both sides. Furthermore, I want to say that at no time have I heard anything about the arrest of prominent Bemidji citizens or business men. The Duluth Story. The Duluth stody credits its in- formation to a “well known citizen of Beltrami county,” and._ assumes” that the arrest of Dr. Dumas is the outcome of a fight between political fire with fire.” The Duluth paper quotes the “well known citizen” with this Hne of chatter: All Result of Politics. “The whole matter is the outcome of a bitter fight between the politi- cal factions in Beltrami county for supremacy in state and county poli. tics. Politics is behind it all. Mr. Hazen’s conduct in office is being in- vestigated and some things are be- ing developed for Mr. Hazen to ex- plain. This investigation has been threatened for some time and is the first step in a desperate fight between the factions to gain control of the political situation, which for several years has lacked a bell wether, in fact-ever since the death of Bailey and Street. * * * Not So Keen After Dumas. “When the sleuths of the state fire marshal’s office took the trail of Dr. Dumas they knew what they were about. They were not so anxious to involve Dumas as they were to get the goods on some prominent citi- zens of Bemidji. Their efforts were only partially successful. They were unable to fasten anything on the men they most desired to implicate, and the plan they laid out for the capture of Davis and his associates did not place them in a position to command immunity for Hazen from those who had threatened to secure his political scalp. Says, “Situation is Tense.” “The situation at present is tense. Martin Behan, it is claimed, when he goes on the stand at the Dumas trial will supplement the statements he has already made by some details that will implicate some of the most prominent business men in Bemidji in transactions of a questionable character. “At Bemidji now it is current re- port that Mike Davis is in the vicin- ity of Cass Lake. It is alleged that he has recently been seen on Star Island and that if the situation at the trial at Bemidji gets beyond the control of certain gentlemen inter- ested Davis will make an eleventh hour appearance, give himself up and tell the whole truth of his connec- tion with Dumas and others.” Janes Much Shocked. There is more to the Duluth story, but these quotations show its gen- eral trend. Assistant Attorney General Janes at first was inclined to ignore the story entirely, fearing that to com- ment on it would give it undue im- portance. On the other hand he saw peril in the pessible impression it might create. lead to-the conclusion that the earth consists of a central core of iron or store. steel, about 5,580 miles in_diameter. “It is an outrage that such things —— {(Continued on 1ast page) Tactions hére, “a “‘GiSpoBItion o Aght ——— i e