Bemidji Daily Pioneer Newspaper, September 4, 1911, Page 1

R B . ot : A, o, ". _‘ | 5 : THE BE ’ VOLUME 9. NUMBER 109. DAKOTA RAILWAY - [ siste s s "occupy ‘sivests wna (BIG STATE FAIR OPENS highways must,be given to a rail- CO WINS A POINT | road company expressly or by neces- o sary implication.” 33Cyc. 194, 2 3 B Our next inquiry is as to whether | Doings For Entire Week Will Include Horse Races and Flying Ma- chine Races. “MINNESOTA HISTORTCAL SOCIETY, | TEN CENTS PER WEEK AUTOMOBILE RACES AT COUNTY FARR this generally recognized right of railway companies to cross highways|. Judge C. W, Stanton Denies Motion |and streets has been in any manner restricted by statute in -this state. Thrilling and Exciting Contests Be- o s _ tween Private Owners of Cars Both - to Issue a Temporary The only statutory provisions to B t in Ci Injunction. which attention was called by coun-| EDUCATIONAL EXHIBITS MANY/- in City and County. 2 Sy sel, or which 1 have been able to find |, y are sections 2841 and 2916, R. L. ~ 1905. - CASE ARGUED AUGUST 29TH| poptunately the supreme court of | Minneapolis, Minn., Sept. 4—With MOBERG & JEWETT TO FIGHT this” state has twice recently con-;a wonderful array of exhibits in all = strued Sec. 2841 in this respect, in|gepartments, B : 5 ;| M. & St. P. Sub. Ry. Co. v. Manitou City of International Falls is Plain- Forest Syndicate, 101 Minn. 132, The tiff, Represented by Frank Palm- |court says: er of That City. 5 including agriculture, horticulture, livestock, machinery and general industry, the Minnesota State Fair opened today and will con- tinue until the end of the week. In addition to the educational exhibits| the management has provided an at- tractive program of entertainment. Horse racing, aeroplane flights, band concerts and various other outdoor spectacles are included among the Bemidji’s Two Best Drivers to Go Speedy Five Mile Contest With “Section 2481 applies only Stripped Cars. where it is the intention to make use of the street or public ground for the purpose of op- erating such railway thereon; that is, upon or along the street. But, when it is the purpose to - merely cross a street, alley, or g, LADIES’ AUTO RACE FEATURE ROCKWO0D ATTORNEY FOR CO. »> Memorandum Showing Reasons and| punlic ground as an incident in | ¢entyres, Wiy H?m“ Cochrand and Miss Olhe 3 o — . Supreme Court Cases are Cit- l:e no;:s!(:luctlon ‘of Bthrailrm:d Curtis to Drive Parry’s Ove Five - % throu e country, en, un- i £ ed, Attached. i Mile Course. der the provisions of section 2916, the right of way may be condemned, unless the company and public authorities otherwise 2 agree as to the manner and terms of crossing. To hold that ' {Famous Actor Had Acrobat, Made Up a franchise must be obtained as as His Counterpart, Perform a pre-requisite to crossing a highway, road, or street would Dangefous Leap. put it in the power of the town, village, or city authorities throughout the state to practi- HE WAS T00 GOOD That there will be some hair rais- ; ing feats by speedy automobile driv- ! ers at the Beltrami County Fair, has been decided by the entertainment committee. There can be no doubt but that there will' be three days of solid fun, exciting in the extreme S when the “Pumpkin Show” opens at Judge C. W. Stagton handed down | his decision in the case of the City| of International Falls vs. The Da- - kota and Western Ry. Co. The de-| SR cision is a victory for the Railway company and was brought before the court August 29. State of Minnesota, In District Court, Co. of Koochiching, 15 Judicial Dist. ‘Conveiebt 10113 E. H SOUTHERN TELLS STORY the local fair grounds in this city, e City of International Falls, Dakota & Western Ry. Co., The above entitled matter came be- fore the court, at chambers, in the city of Bemidji, in said judicial dis- the 29th day of 10 o’clock a. m., upon an order to show cause issued by the court commissioner of said county on 25th day of August, 1911, Mr. Frank Palmer appeared in support of said order to show.cause on behalf of the plaintiff, and Mr. C. J. Rock- wood appeared Hn behalf of defend- Hearing was then had upon said order to show cause and the plain- tiff’s motion that the court make an| order directing the issuance of a tem- porary injunction in the action, re- straining and enjoining the defend- ant and each of its officers, agents and employes from building or plac- ing any railway track across any of the streets in said city, and especial- ly Fourth street, and from in any manner interfering with or obstruct- ing any of said streets or alleys. Af- g ter hearing the arguments of coun- set and upon ue comsideration, | QUACK GRASS TREATMENT It is Ordered that said motion be and the same is hereby denied and T | that the restraining order heretofore issued in this case be and the same|There Are Several Ways of Getting is hereby vacated. Dated August 31st, 1911, (Signed) C. W. STANTON, his attached memorandum he “The first question to determine, —and really the controlling one,—is whether the defendant railway com- pany, without express authority, or permission of any kind from the city, | get rid of that patch of quack grass? has the right to lay its tracks across | There are several ways of doing this, the public streets of the city. Be-|but they require work and patience. fore entering upon a discussion of |Quack grass lives on year after year. this question it is well to bear in|It produces much seed. mind that it is admitted that the |Several-jointed root stocks, by means defendant railway company is a cor- [of whieh it spreads rapidly. One way poration created under and in pur-|to eradicate it is to plow late in the suance of the general laws of the|fall, or early in the spring, and then state for the purpose of constructing |use the shovel tooth cultivator every and operating its line of railway from | three days until the middle of June. a point outside through the city of |A harrow will keep the stems cut off International Falls to the Interna-|below the surface. tional boundary in the Rainy River, | vated ‘crop on the soil and cut out with such corporate powers and priv-| with o hoe any grass that grows. ileges, and only such, as it has the| Where the grass is in small patches right thereunder to exercise for that|dig up the plant, taking care to get Seeking, first, to ascertain the gen-| grass is all killed. eral rule of law upon this subject,| mow the patch in June just as the without reference to statutory enact-|heads’ of the grass apepar. ment, we find that Lewis in his work | cover with a deep layer of manure or on Eminent Domain, on page 649,|straw. lays down the proposition, which is|plaw deeply, the only successful way well supported by authorities cited, |to Kkill all the roots. . that “a railroad has an implied au- —_— thority to cross highways and streets| CAN A HORSE COMMITT SUICIDE? and the consent of local authorities —— necessary which is sometimes the case. Au- thority to construct a railroad be- tween certain termini does not au- thorize the appropriation of a high-|theory is brought forward through a way longitudinally; but the right to|singular affair at Prighouse, cross highways is given by necessary |land. About a week ago a horse fell implication.” struct a railroad between designated | Prighouse cricket field, and it was points, the exact location along such | got, out after two hours of strenuous route being left to the company’s dis- | exertion. cretion gives an implied authority to|horse found its way to the same cross public highways which said|uond, and this time met with -its route may intersect, and such cross-|death. ings: cannot be prevented by munici- |if the horse went there purposely. pal corporations through .which the road is laid;” but it does not prima facie confer the right to occupy lon-|proposition when the two teams gitudinally streets or highways lying|clashed in New York recently. cally block railroad extension. Such is-not our view of the stat- Plaintiff,| ute, and, since it does not ap- vs. pear from the petition that ap- pellant proposes to occupy any of the streets, alleys, or public grounds of the village of Tonka Bay for the purpose of operating its railway thereon, it does not become necessary to obtain -a franchise or right for that pur- pose from the village authori- © ties." Defendant. August, GREAT GERMAN NAVAL REVIEW Men in Line.- Berlin, Sept. 4.—Thousands of peo- ple from all parts of the Empire are assembling at Kiel where, tomorrow, Emperor William will review the big- gest force of German warships ever gathered together..- One hundred.and forty vessels, with an aggregate.ton- nage of 400,000 tons and a personnel of 25,000 men will be seen in line. Two of the 22 battleships will be of the Heligoland or super-Dreadnought type, of 22,800 tons. Rid of the Pest, But They All Require Work., District Judge. PLANT PRODUCES MUCH SEED You have been wondering how to It has long, Then put a culti- all the roots. Keep this up until the Another way is to Then After two or three months unless required, | Theory Brought Forward Through Singular Affair in England. Can a horse committ suicide? This Eng- “Authority to con-|into a pond in the vicinity of the A day or two later the Prighouse people are asking The Cubs found the Giants a tough E. H. Southern, apropos of April 1, told at 8 dinner in New York a story about, his famous father. “My father in his youth,” he said, “was once playing in a romantic drama wherein he made a tremend- ous leap—a leap from his lady love’s tower to a matress behind a wooden rock on the stage far below. It was a thrilling leap, and my father no doubt enjoyed the applause it won for him; but one night he sprained his ankle gnd vowed' he would leap no more. Berlin Will See More Than 28,000~ “S6* the manager hired a profes- sional -acrobat to do the 1¢af; made up as my father’s counterpart, while my father would slip back under cov- er of the tower wall and descend to his dressing-room by means of a hid- den ladder. “The afternon the acrobat came to the theatre to rehearse, he made the leap, and then he set up a loud com- plaint. “What’s the matter?’ asked a young member of the company, who happened to be in the theater. “‘Why,’ said the acrobat, in a dis- gusted voice, ‘this here leap is too tame. It's too easy. A man with glass eyes and cork legs could do it. Now, if they'd let me throw two flip-flops in the air as I come down—" “‘Splendid!’ cried the young act- or. ‘The very thing!’ “‘You don’t think the boss would mind?’ said the acrobat doubtfully. “‘Mind? Why, man, he’ll be tickled to death. Ten to one he’ll raise your salary.’ “That evening, when the great leap scene began, my father was gratified to see the acrobat, a perfect picture of himself, crouching in the shadow of the window. “‘Love, good-night—good night!’ my father cried. “‘Stay!” moaned the heroine, and she threw himself on his neck. ‘Stay! That leap is death!” “‘Nay, nay, my own; ’tis honor. I leap, 'tis true, but there is that with- in my heart will bear me up—thine image, love. And so, good-night, good-night.’ “He kissed her madly on the brow, tore himself from her clinging arms, and rushed across the open space in- to the shadow. “‘Jump!’ he hissed between his teeth. “And out, straight out into the air, shot the acrobat. Twice his lithe shape whirled round like a great fywheel. Then he lit lightly and easily on the topmost point of the wooden rock. “Roars of laughter and thunders of applause shook the theafre. The acrobat bowed stiffly and strutted off into the wings with his arms folded. But the remarks of my father on his ladder have not come down to us.” EFFECTIVE WALLPAPERBORDER New Design of Wall Finish Just Put On Market is Unique and Neat. Recently there has come into wall paper fashion a type of border that is cut along the bottom to follow the lines of the design, usually vines, leaves or the like. wall paper such a border is particu- larly effective, as who have seen it can testify. At first this border had to be cut out after the design was printed on the paper, but a New York man has invented a machine which does the printing and the cut- ting at the same operation. Against a plain | U.S.LETTER CARRIERSMEET Rochester, New York fs Scene of the Eighteenth Annual Convention of Carriers, HITCHCOCK ONE OF SPEAKERS Rochester, N. Y., Sept. 4.—For the last twenty-four hours there has |been an almost continyous line of [Tefter ‘carriers arrtving in’ Rochester. They came from all pafts of the coun- try to take part in the Labor Day parade today and the eighteenth an- nual convention of their national as- sociation, which holds its opening ex- ercises in Convention Hall tonight. The convention sessions will con- tinue through the week. Postmaster General Hitchcock, Postmaster Mor- gan of New York city and Postmaster- Warren of Detroit are among the scheduled speakers. Los Angeles and Cleveland are contesting for the next convention. CINCINNATI CELEBRATES Great Feliivitiel Held Today Upon the Completion of the Fern- bank Dam. 3 HOME COMING WEEK FOR MANY Cincinnati, O.; Sept. 4.—The city is gaily decorated and the big crowds in the down-town streets lend a fes- tive air to the opening today of the great celebration in honor of the com- pletion of the Fernbank/dam across the Ohio river. The festivities: will continue through the week and:the program comprises the ‘official dedi- cation of the dam, upon which occa- sion six bottles, : containing water, from the Great Lakes, the Mississip- pi river, the Atlantic and the: Pacific, the Panama Canal and the.Gulf of Mexijco, will be broken over the new dam, so as to mingle their waters with the water of the Ohio river; river and street parades, roving re- gattas, motor boat races, band con- tests and many other features of en- tertainment. E Through the efforts of the Cham- ber of Commerce, the committee of citizens in charge of the celebration and other civic bodies the week has been made a home-coming week for a large number of fermer Cincinna- tians and the meeting of| the Ohio Valley Improvement Assocliition, the reunion of Alumni of the University of Cincinnati and other gatherings of a similar nature will contribute -to |swell the crowds of visitors and add to-the festive character of the occa- ision, Life’s Responsibilities. The man called to a' great work must not waste his life in, trivial things. He must not act like 'the keeper of the lighthouse who, gave:to the people im the cabins abgut him the oil which was intended: for the mighty lamps. of the ‘sea.-—Maeten-| MRS. CLYDE BACON DEAD Dies at Her Home on Lake Boulevard at 1:30 This Morning. > Mrs. Clyde M. Bacon, 37 years old, died at 1:30 this morning at her home on Lake Boulevard. Mrs. Bacon has been ill with lung trouble for the past four years and her death was not unexpected. Though seem- ingly much improved in health at times but little hope was held out for her recovery. Mrs. Bacon was born in Norway in in 1874. She and three brothers have made their home in the United States for some years., Mrs.” Bacon leaves besid™ier: ~Husbuiid, " three brothers in this country and an aged father in ~ Norway. None of the brothers will be able to attend the funeral as it will be impossible to. reach them before interment is made. The funeral will be held tomorrow afternoon at 2:30 from the residence $1,000,000 APPROPRIATION Spokane to Have Parks Within Ten Minutes Walk From Every Home. $260,000 FOR PLAY GROUNDS Spokane, Wash., Sept. 4.—Park commissioners of Spokane, headed by Auhréy Lee White, will have placed at their disposal $1,000,000 for park sites, playgrounds and improvements as soon as the bonds are issued, the supreme court of the state of Wash- ington having just declared valid the election of May 3, 1910. Five hundred thousand dollars is to be expended in acquiring new park sites, upon which $250,000 worth of im- provements will be made, and $250,- 1000 has been set aside for play- grounds in various parts of .the city. Every foot of improved park area in',Spokane was secured through do- notfons, and in the last two years several unimproved tracts have been acquired by purchase. The park sys- tem embraces between 750 and 800 acres. The park commissioners have pledged a park within ten minutes walk of every home in Spokane. Harry J. Gibbon, secretary of the park commission, announces that work may begin before the close of September and will be pushed to com- pletion. It is expected the bonds, to be placed on the market in 90 days, will be taken by local banks. Employing Printers Meet. Denver, Colo., Sept. 4.—Represent- ing the printing industry of the en- tire country, delegates to the twenty- fifth annual convention of the Unit- ed Typothetae of America ssembled in Denver today. In connection with the convention will be held the third International Printers’ Cost Congress, the sessions of which will begin on Thursday. Half-Time for Cotton Mills. Fall River, Mass,, Sept. 4.—The majority of the Fall River print cloth mills_were put on half time today. Some of the mills are to run three days weekly and other alternate weeks., linck, o i | POGUE -~ TAKES PARTNER Son Frank Deeded Half Interest in Livery Business Sunday Sep- tember 3. OCCASION WAS 21ST BIRTHDAY Sunday, September 3, Frank Po- e became half owner of the well mown Pogue Lidfyy. It was not a business: transaction but gge of the happiest 'occasions of his life time.. . Ex-Mayor John Pogue who deeded half interest in livery business to his son, Frank. “A new man in the house,” was the reason, because yesterday Frank be- came 21 years of age. As a birthday present his father, John Pogue deed- ed him a half interest in the busi- ness. Ever since Frank left school, which’ was at the time Mr. Pogue was badly hurt in an automobile wreck two or three years ago, he took active in- terest in the business. His hustling ability and congenial manner earned him a place as a part of the business so well established more than seven years ago. ‘Ex-mayor John P. Pogue came to Bemidji more than 13 years ago. He was elected mayor of Bemidji three successive terms, and street commis- sioner three terms. He established the Pogue Livery about seven years ago and built a fine new livery barn at Irvine Ave. and Third street, at which place the business is now be- ing conducted. Many of Bemidji’s best road horses were owned by the ex-mayor and many merchants and citizens in the city and about ‘the county trust to his judgment when it comes to horse buying. Big Aquatic Carnival at Astoria. Astoria, Ore., Sept. 4.—A list of entries representing all of the Pacific States and British Columbia assures for ‘Astoria this week the greatest aquatic.carnival ever held in this sec- tion of the country.. The affair-is to be held in connection with' the cen- tennial celebration and the events will ‘include gwimming competitions, rowing contests-and trophy races for sailing ‘yachts and :motor: boats. New Hampshire Golf Tournament. Rochéster, N: H., Sept. 4,—The an- nual tournament for the golf cham- pipnshlp of New Hampshire opened today at the Rochester Country Club and will continue.over tomorrow. September 13. . John Moberg will drive his speedy car against a car owned by the “Fa- mous Driver” Chad Jewett. The cars - will be stripped chasis and be held + under 231 cubic inch pressure. They will race Thursday and Friday af- ternoons, September 14 and 15, over a 5 mile course. Another big feature will be a race between two of Bemidji’s best lady drivers, Miss Harriet Cochran and Miss Ollie Curtis. Both ladies will drive a 40 horse power Parry car over a five mile course. The biggest and best feature of all is this one. A race between owners of cars in the city and county. Talk . about” sofirething* excitifig, thils will cap the climax. The race will be over a five mile course also, and will prove exciting, both among the racers and the spectators. B Then on top of all this you will see the best exhibition of fruits and vegetables ever shown at.a county fair. Dairy cows of: various breeds, pigs, sheep, horses and other ani- mals will be there in a large variety. Fancy art work, exhibits from the various schools about the county will be the best in the history of the fair. Many schools will submit work in drawing and painting by the scholars, all of which will be of the most in- teresting type. From every present indication the fair will be the most largely attend- ‘ed of any fair in the northern part of the state. Convention of Postoffice Clerks. Jacksonville, Fla., Sept. 4.—Sev- eral hundred delegates, representing nearly every State in the Union, were present here today when the annual convention of the United National As- sociation of Postoffice Clerks met. The sessions will continue four days, and the program shows that there is much business to be transacted. A movement is on foot to defeat the re-election of President Frank T. Rogers and others of the present na- tional officers, the opposition assert- ing that their administration has been inefficient. Alleged failure of the officers to push legislation: de- sired by the membership is the prin- cipal grievance. National Motor Boat Races. New York, Sept. 4.—The annual national motor boat carnival held un- der ‘the auspices of the Motor Boat Club of America began in Hunting- ton Bay, L. I, today and will last through the week. The feature of the carnival will be the races for the British International Cup, otherwise known as the Harmsworth Trophy, which will be defended by three Am- erican boats against an equal num- - ber of British chdllengers. 3 Racing at Charter Oak Park. | Hartford, Conn., Sept. : 4.—The Grand Circuit race meeting opened at Charter Oak Park today, in connec- tion with the Connecticut State Fair. The meeting will last five days. . The feature event this afternoon was the Charter Oak 2:14 trot, for a §10,000 ° purse. - The program provides for a stake race for each-day. Virginia State Shoot. Lynchburg, Va., Sept. 4.—A num- ber of well known shots faced the . traps here today at the opening of the . annual State- shooting tournament:: :: The affair will last two days:Bnd is béing conducted under the’ auspices . = of the Lynchburg @un Club.