Bemidji Daily Pioneer Newspaper, August 30, 1911, Page 1

THE BEMIDJI D z HI8T et ) VOLUME 9. NUMBER 105. BEMIDJI, MINNESOTA, WEDNESfiAY EVENING, AUGUST 30, 1911. TEN CENTS PER WEEK. STANTON RULES ON 7 FIRE LAW CASES Sustains Justice Court in Four In- stances and Reverses in Three, In- volving Rail Company. AGAINST CANADIAN NORTHERN Originated in Baudette District Last Summer, Spark Arresters Statute Being Used. DRY SEASON SECTION TESTED Judge Resorts to Dictionary and De- cides Point at Issue is to Be y | defective in its failutre to allege any | Sustained. | certain help or particular measure which the railroad company should Nl have availed itself of for the purpose - . . |of extinguishing the fire. 2 f Precedents important to all tim- | 0F extin "‘. hing the firg, ?"d LRl i % {ther “help’ and ‘measures’ which | bered sections of Northern Minneso- z 2 A < . 22" | would be ‘available'—which could be ta are established in seven decisions handed down in distriet court here by Judge C. W. Stanton, involving the right of the state to compel rail- road companies to maintain proper spark arresters on locomotives and to | assist in preventing and putting out fires alonz thelr rights of way dur-| BEMIDNL “SKY PILOT® ABROAD | ing summer seasons. The cases were first tried by the state against the Canadian Northern railroad company. originating in the vicinity of Baudette and Spooner during the months of July and Aug ust of last year and being taken be- fore justice courts. the cases and reverses the three. The attorneys in the were (. R. Middleton of Baudette for the state and Alexander Fosward of Warroad for the railroad company. Upholds Justice in This One. In the combustible material case, quoting from the District Court de-| cision, “1t appears that the defend-| ant objected to the introduction of | any evidence on the part of the state, for the reason that the complaint | fails to allege facts constituting a| public offense. This objection was overruled by the justice of the peace. “This appeal. therefore, presents this question for review and after| careful consideration * * * “It is ordered that the judgment of the justice of the peace herein be and the same is hereby affirmed and that judgment be entered herein ac- cordingly.” In his attached Judge Stanton adds: other | | memorandum " Negative Not Strong. “This prosecution is brought under paragraph 2, section 2037, chapter 182, laws of 1909. The only question presented which gives rise to any doubt is whether the exception con- | tained in the statute is sufficiently | negative by the complaint. While| the complaint would have been im- proved by a more express negative of the exception I think it is sufficient.” The section cited by the court reats: “Every such (railroad) company shall keep its right of way clear of combustible materials except ties and other materials necessary for the maintenance and operation of teh road from April 15 to December 1.” In the spark arrester cases the same point was raised by the rail- roads that the complaint did not “cite facts constituting a public of- fense.” In reversing the jutsice court Judge Stanton says: Spark Arrester Case. “This complaint fails to allege con- stituting a public offense. The only statutory offenses which the com- plaint approaches are those defined by paragraphs 1 and 3 of section 2037, chapter 183, laws of 1909. Paragraph 1 requires every company operating a railroad to “use upon each locomotive engine a good and efficient spark arrester. It is plain that this complaint does not allege the violation of this requirement. e ox “It is also plain that the complaint can not be held good under para-| graph 3 for -the obvious reason, among others, that it contains no al- legation that the fire was ‘emitted in the immediate vicinity of wood land or lands liable to be over run by fire.” “As there is a palpable failure to allege any offenses defined by stat- ute, it is unnecessary to determine whether the statute is void for in- definiteness.” Measuring of Word Involved. The court delves into Webster's dictionary for aid in deciding that the opinion of the justice be re- versed in the cases involving alleged The cases were | terian church,” says a special to the appealed to the district court and|Minneapolis Tribune from London, Judge Stanton now afirms four of |England. case | midji, violations of paragraph 4 of section 2037. “Without reference to the ques- tion,” rules the court, “whether the term ‘in dry seasons’ as used in par- agraph 4, section 2037, chapter 182, laws 1909, renders the statute void for indefiniteness the complaint here- in fails to state a public offense. “The definition of the word ‘avail- able’ becomes important. This word has two distinct meanings. Webs- ter’s dictionary defines it, first, as ficacy, for the object; effectual’ and second, as ‘such as one may avail |ones self of; capable of being used for the accomplishment of a purpose; usuable, convertible into a resource.’ If we adopt the first definition to mean effectual we must assume that the railroad company is required to | extinguish the fire at all hazards and |however impossible it may be to do |so. Such penal requirement would be so absurd that we can not serious- |1y contemplate it. Facts Indefinite. “If we adopt the second definition ( 1 | l we find that the complaint is fatally | |‘converted into a resource’—are SO | |conjectural and uncertain that it] | would be impossible to say in any| | case what state of facts would war-| |rant a conviction.” ! iy |Rev. F. E. Higgins Preaches at | Crouch Hill Church in London. i _ i | “The ‘Lumberjack’s Sky Pilot’ has| arrived in London. He preached his | first sermon at Crouch Hill Presby- “ile is Rev. F. E. Higgins, of Be- superintendent of logging camp missionary work among the | thousands of lumbermen in northern | | Minnesota, Michigan, Wisconsin and | Oregon. B | | “:The Sky Pilot’ as he has affec- | tionately been knews in the lumber | camps for the past 20 years, believes that in order to save men you must | show that you love them. “Putting this theory into practice | in his daily contact with the 'lum-i ber-jacks,’ as the lumbermen are called in the local vernacular, he has reformed thousands of rough-and- ready workers, among them a num- ber of desperadoes and outlaws, who now assist him in his work. “Mr. Higgins first gained a foot-| hold as a missionary for the board of home missions of the Presbyterian church in the United States by the physical prowess he showed in ‘wal- loping’ the camp ‘bad man,” who in- terfered when he was about to preach his first sermon at a lumber camp at Deer Creek, Minn., 20 years ago. “On that occasion, the bully in question persisted in attempting to grind an ax while the ‘Sky Pilot’ was trying to preach. “The upshot of the interference was that, while several of his audi- ‘tnrs stood by to see fair play, Mr. | Higgins chastised the ‘bad man’ and put him head downward in a barrel | of rainwater. SIX BOATS STORM TOSSES | | Torpedo Craft Wrenched By 90 Mile an Hour Gale. ‘Washington, Aug. 30.—The storm | { which swept the soutn Atlantic Sun- day night left its imprint on the navy. Six torpedo boats were wrench- ed from their moorings at the Char- leston navy yard and tossed as toys {high upon the beach by the ninety-| mile gale. Many buildings of the yard are believed to have been wrecked. No estimate of the dam- |age can be made here because of in- | terrupted telegraphic service. It is not believed that any lives were lost at the navy yard. The violence of |the storm is indicated by its play with the torpedo boats. These were | strongly fastened to the stall-like wharves of the inner harbor. While they are obsolete in design, it was a revelation to the navy officers here to learn that they have been picked up by the wind and swept ashore. With a shudder they contemplate the pos- sibility of these little vessels with tae | human burdens on an open sea dur- }ing such a storm. i Work and Worry. “Worry wears out more people than work does,” said the ready made philosopher. “Of course it does,” Te- plied Mr. Groucher, “for the simple reason that so many of us would rather put in our time worrying about work than doing it."” The Perfect Man. A perfect man is the one who ad- mits his every fault and not the man ‘having sufficient power, force, or ef-| {eral Simpson on the Elweil law will | | state that the limited amount of state | LACK OF FUNDS T0 DELAY ROAD MAKING Opinion of Attorney General on El- well Law, It is Said, Will Point Out Limitations. TO IGNORE CONSTITUTIONALITY Author of Statute Believes Counties Have as Much Right to Build | Roads as Ditches. [TEST SUIT APPEARS LIKELY | i | Effort to Carry it to Supreme Court to Settle the Point Per- manently. | | | | | | That the opinion of Attorney Gen- | funds available for the purpose will | render it practically inoperative for such an enterprise of road building as that proposed by the Northern Min- nesota Development league, whe!her‘ (Copyright, 151L) NO, SPOT You CAN'T COME wWIiTH ME! | GOTTA GO INSIDE! the bill is constitutional or not, is| said by Assistant Attorney General ing the legality of the bill for the department. i That the opinion consequently will | point out that the only recourse open to the State Highway commission and others interested in promoting the good roads movement in the state is to induce the Legislature to author-| ize a specific levy to carry out the in- tention of the law, also was asserted by Mr. Smith. Will Sidestep Constitutionality. | By rendering an opinion to this ef- fect, Attorney General Simpson will gidestep the necessity of pronouncing upon the actual question of the com~{ ‘must pay Lumber Company $900 for $300 Robinson of Big Falls Ordered By Court to Pay Lumber Company Treble Damages. ITASCA CASH SCANDAL ENDS George E. Robinson of Big Falls the International Falls stitutionality of the law, under which the state bears half of the expense of constructing new roads, and the coun- ty and abutting property owners the | other half. That the attorney general’s depart- ment is somewhat divided on the question of the law’s legality is Attorney General himself would rath- er not give an opinion on it. sequently an attempt on his part to |cloud this feature with an opinion that the bill is rendered practically available state funds will not come unexpected. Other Points Involved. bill,” Mr. - Smith expense of a general improvement. known, as is also the fact that the Con- inoperative because of the lack of | “This financial question is not the only one raised in regard to the said yesterday. “There is also a question whether it is ‘pork barrel’ legislation, and an- other whether property owners can legally be made to bear part of the worth of timber wilfully cut on the | company’s land adjoining the town- site of Big Falls, according to a de-| cision by Judge Stanton, following arguments on the case here yester-| day. The action was brought against George T. Robinson and his son, George E. but the case against; George T. was dismissed and treble damages was ordered paid by the younger Robinson. C. J. Rockwood was attorney for the lumber com- pany. An echo of the Itasca treasury scandal which resulted in County Treasurer A. A. Kremer being re- moved from office about 18 months ago and sentenced to the state’s pris- on for five years, also came before Judge Stanton late yesterday after- noon when he granted a request from | Former State Senator McCarty and former County Attorney Frank Price for the discharge of C:. E. Aiken as trustee of Kremer securities to the amount of about $32,000. {the United National Association of lovoeovo00000000 |® OUTSIDE NEWS CONDENSED. © |OPOPROIPOOROOOOO®® | BALTIMORE, MD.—With eclub | house and grounds greatly improved | since the close of last season, the Pimlico race course is in readiness for the opening tomorrow of the fa]l] meeting of the Maryland United | Hunts. MINNEAPOLIS, MINN.—A large and representative attendance mark- | ed the opening of the annual con- vention of the National Bee Keepers’ Association in Minneapolis today. i The convention sessions will last two days and will be devoted to the dis- cussion of a wide variety of subjects relating to bee culture and the pro- duction and marketing of honey. JACKSONVILLE, FLA.—At the annual convention here next week of Postoffice Clerks a strenuous effort will be made to defeat the re-election of President Frank T. Rogers and others of the present national officers on the ground that they have been inactive and inefficient in promoting legislation desired by the member- ship. ¢ WASHINGTON, D. C.—A wedding of interest here today was that of Miss Josie Helen Dodson, daughter of Dr. and Mrs. H. A. Dodson of this city, and Professor Rollin Henry Den- niston of the University of Wiscon- sin. The marriage took place at the bome of the bride’s parents, the Rev. Donald C. McLeod of the First Pres- byterian Church performing the cere- mony. BERLIN.—Seldom before in the “There is also doubt whether the counties could bear any part of the expense, because there is a law that says that they can use only their surplus funds, that is, the amount left over after current expenses have been paid out of the tax collections,” he continued. “Very few counties in the northern part of the state have money enough for the purpose, under this law.” May Bring First Suit. An opinion such as it is reported the attorney general will give prob- ably would postpone indefinitely ap- proval by the State Highway com-| mission -of further applications for roads to be built under the Elwell law. In the meantime it is not im- probable that a test suit will be brought to determine the law’s con- stitutionality, resulting in a decision by the state supreme court. In this, way the attorney general’s office would be relieved of the burden of passing upon the question himself. Judge Stanton made an order for Mr. ties to the National and Metropolitan | Surety companies, as these concerns, ‘who had bonded the erring treasurer, have paid into the county treasury practically the full amount appro- priated by Kremer for his own use. The only sum now held up is a $1,200 mortgage and litigation over it is pending with the surety com- pany. Kremer’s total was in the neighborhood of $42,000. He was convicted in December, 1909, and given a five year term and is still in prison at Stillwater. Mr. Aiken was named trustee for the mortgages, bank stock and other securities, amounting to more than $30,000 and has had charge of them since that time. Aiken to turn over all the securi- misappropriation SALOON OPEN SUNDAY; FINE $50 | Ole Anderson Makes Unsuccessful Ef- fort to Tilt Lid Here. Ole Anderson, proprietor of a sa- Pray.. And Still Pray and Work. | WORK WITH ALL YOUR MIGHT Pray, Then, and Work.. Work and loon at the foot of Beltrami avenue on the way to the new union depot, attempted to tilt the Sunday closing lid last Sunday and as a result the history of the German empire has such a powerful fleet been brought | together for review by the Kaiser as was assembled at Swinemunde today. Dressed from stem to stern in flags and bunting, the great armada of warships stretching across the broad channel at the mouth of the Oder, made a magnificent spectacle. In his review of the great naval fleet the Kaiser was accompanied by a num- ber of foreign royalties. PORTLAND, ORE.—The grand lodge meeting of the Scandinavian- American Brotherhood began here to- day with an attendance of delegates representing local lodges of the or- der in Colorado, Montana, Idaho, Washington, Oregon and British Co- lumbia. JudgeJ. M. Arnston of Ta- coma is presiding over the sessions, which will last three days. A propo- sal to consolidate with the Scandi- navian Brotherhood of the east is one of the principal matters to receive at- tention. The creation of a supreme lodge, with grand lodges to have charge of the various jurisdictions, also will be considered. MINOT, N. D.—William McCord, charged with being one of the burg- lars who robbed the P. M. Cole and the G. A. Bodner stores at Kenmare Saturday night, was captured at Sur- Work with all your ‘might; but trust not in the least in your work. Pray with all your might for the blessings of God; but work, at the| |same time, with all diligence, witi | all patience, with all perseverance. Pray, then, and work. Work and |pray. And still again pray and| work, and this all tke day of your, life.—George Muller. Telephones on St. Bernard. | - The monks of St. Bernard have fitted the refuge huts i nthe most perilous spots with telephones, which whe insists he has none. ring up for assistance. city is $50 richer. | before Municipal Judge Pendergast yesterday afternoon and was found| guilty of having had his place open | Jact Sunday. wkich amounted to $3, was imposed. | Ole was in court A fine of $50 and costs, Torn About. “Every husband ought to make his {bride a regular allowance from the start,” said Senator Depew at a wed- ding reception in New York. is but just,” he continued, “because from the start every bride finds that will enable travelers in distress to|she must constantly make allowances “This. “.ton, are certainly great hitters. - rey today by Sheriff Ed. Kelley. Me- Cord was arrested on -complaint of | some Greeks working for the Great Northern Railroad company. Mr. McCord was, accompanied by another man, thought to be one of the rob-| |bers, but he made an escape. On | McCord’s person was found four ra- zors, which answered the descrip- tion of the razors taken from the | Bodner store. He was bound over to | the district court under $500 bonds. _ The two Jacksons in the big show, Joe of Cleveland and George of Bos- {lette men against Eberhart. The DULUTH THANKS BEMIDJI Secretary Eva Writes President Bur- ke Appreciation for Entertainment of Trade Excursionists. _ HOPES TO BE ABLE TO REPAY Bemidji made a hit with the busi- ness men of Duluth who came here a fweek ago on.thedfoo special train, as is shown by the following letter from- H. V. Eva, secretary of the Duluth Commercial club, addressed to Thom- as J. Burke, president of the Bemid- ji Commercial club, and received by him today: - “Mr. Thos. J. Burke, “Bemidji, Minn. “Dear Sir: “On behalf of the business men of Duluth, comprising the recent Trade Excursion, I am directed to convey to you eur great appreciation for the courtesy and good fellowship extend- ed to us while in Bemidji. “We greatly enjoyed our visit with you and trust it will be but the be- ginning of an acquaintanceship that will be beneficial to all. “Assuring you we shofild be glad to welcome yourself and any of your citizens to our city and trusting some we may have an opportunity to reciprocate, I am, “Yours truly yours, “H. V. EVA, “Secretary.” LEE TO OPPOSE EBERHART Long Prairie Man Also Declares in Favor of LaFollette. Minneapolis, Aug. 30.—William E. Lee of Long Prairie made his bow as candidate for governor last even- TROPPMAN IS FINED FOR“AUCTION” SALE Department Store Man’s Enthusiasm to Reduce Stock Causes Police to Grab Him. ENTERS PLEA OF NOT GUILTY Pays $10 and Costs, However, Rath- er Than Undergo Expense of Taking Appeal. . RENEWS THE SELLING AT ONCE Goes From Court Room to Resume “Dutch” Retailing—How the * Plan Works. | F. G. Troppman, proprietor of Troppman’s department store, Third street and Minnesota avenue, was ar- rested on a warrant sworn out and texecuted by Chiei of Police Joseph Harrington yesterday charging that an auction sale had been conducted without a license. Mr. Troppman was arraigned be- fore Municipal Judge Pendergast yes- terday afternoon. He pleaded not guilty, but the judge decided the law had been broken and imposed a fine of $10 and costs. Troppman Pays Fine. Mr. Troppman paid the fine, ex- plaining that he did so rather than to go to the expense of taking the case to a higher court, maintaining, however, that he had not violated the law. For several days Mr. Troppman has been conducting what he terms a “Dutch” auction at his store. He plans on repairing his building at a cost of about $12,000 and decided on the auction feature in an effort to reduce his stock quickly. Has Sold Many Goods. For several days his store has been crowded and Mr. Troppman declares that not less than $5,000 worth of merchandise has gone over his counters during this time into the hands of consumers. The “Dutch” auction differs from a regular auction in that no bids are asked. The person who is selling the { goods picks up an article—a bolt of silk for instance—and names a price for which a yard will be sold. Thus: How the Plan Works. “Who will give me $2 a yard for ‘this silk. No onme wants it at $2; will you give me $1.50, $1,” and the salesman keeps on going down until he hits a level where some spectator admits he will pay the sum men- tioned, and the goods are turned ov- ler. Mr. Troppman insists this is no {infraction on the auction sales re- quiring a license. Resumes His Sales. So sure is he of his position that he proceeded directly from the court room after paying his fine to the store where- he proceeded with an- other “dutch” auction sale as if noth- ing had happened. He is conducting ing at the smoker given in honor of.the sales as usual today and declares Gifford Pinchot, who was passing threugh on his way to Alaska. Mr. Lee was on the point of coming out against Governor Eberhart before the convention last year, but thought bet- ter of it, came to St. Paul to meet the progressive republicans, and made a speech which was construed as a bid for their support. It was distinctly anti-Taft, and placed him in the La Follette column. La Fol- lette men have had in mind Lieu- tenant-governor S. Y. Gordon as a candidate for governor, but were dis- appointed in him. He was brought to the smoker and called on for a speech but pleaded illness and in his brief speech did not commit himself on anything. The La Follette men are determined not to support any one for office in the state next year unless he is in the La Follette camp. Mr. Lee’s speech was taken as such, and the result of last night’s gather- ing was to place him in the limelight as the probable entry of the La Fol- Long Prairie man criticized the pres- idential vetoes of the recent fyssion. The smoker was attended by about 125 progressives. Eberhart to Run Again. Minneapolis, Aug. 30.—Governor Eberhart will be a candidate for gov- ernor to succeed himself next year. He said so flatly in denying a state- ment that he planned to seek the that they will continue for several days to come. CHAMP CLARK HITS AT TAFT Declares President’s Hamilton Ad- dress Was “Remarkable” Effort. Quincy, Ill, Aug. 30.—Champ Clark, speaker of the national house of representatives, before leaving here yesterday, replied emphatically to President Taft’s speech of defiance to insurgent republicans and demo- crats, delivered at Hamilton, Mass., last Saturday. In a signed interview, the speaker accused the president of not stating facts. He said he did not reply for the insurgent republicans, who “no doubt will take up the cudgels in their own behalf.” He declared among other things that if the tariff board is to be used as a pretext for delaying tariff revis- ion downward, the democrats will cut off its supplies. “President Taft’s speech at Hamil- ton, Mass,, last Saturday” said Speak- er Clark, “can only be described as remarkable, when the history of the recent past is taken into considera- tion. He essayed the rather large stunt of running amuck on both the democrats and the insurgent repub- licans in congress.” Lt Cleveland has thle Highlanders’ nomination and election .as United States senator to succeed Nelson. goat and Detroit is duck soup for the - Chase crew. o ILY PIONEER."