Bemidji Daily Pioneer Newspaper, January 27, 1913, Page 1

: fystorial 590}0; Decision Filed This Morning By Judge Stanton Gives Vote as 1,463 to 1,460 For J. 0. Harris. THE COURT DECIDES QUESTIONS Says Moon Had Access to Vault at all Times But that Harris Occasion- ally Entered—Did So. Dec. 11 NO CHANGE FOR TWENTY DAYS General Opinion Is That The Case Will Be Carried to the Supreme —Many Counts Different. TO TAKE FURTHER ACTION E. E. McDonsald, one of Mr. Har- ris' attorneys, stated this afternoon that steps would be taken to get a new trial here or the matter before the supreme court. The Finding of the Court. “That at sald general election in sald county the aggregate number of votes cast for each of the parties hereto for the office of register of deeds was as follows, to wit: For VOLUME 10. NUMBER 231. C. 0. MOON DECLARED DULY ELECTED REGISTER OF DEEDS OF THIS COUNTY| viein, sen. sr—rtmto s e jroom while the canvassing board was e RESUME FIGHTING cpived a message from Constantinople were 80 touched by the d _|asserting that Turkey has opened ty auditor, 4 oputy sun hostmties along the Tchatalja line. Judge Stanton, in his decision, finds the following as facts on which apprehension of further and more the decision is based: 1. That hot.h g’ eo Moon and J. 0. |Serious disorders last night was felt Harris were qualified voters at the thrlc;uihgut Turkey, thT:,w“ w“: 8 last election and that their names| "¢l defined rumor that a counter- appeared on the ballot for the office | F¢Yolution was planned to overthrow of register of deeds. the Young Turks wha seized the porte| 2. That the report of the canvass-| WO 388 ago-atter killing Nazim ing board indicated that the vote cast | L 250% commander-ln-chlet of ; the for J. 0. Harris was 1,463 and for C.[*™ 0. Moon Wwas 1,458, and that a cer-| \b 18 & matter of general knowledge tificate of election was made out and | 1At many of the most influential of- delivered to Mr. Harris. ficers of the Tugflsh nn;y are b‘iitt:;'- _|ly opposed to Enver Bey an s 8. That G.O. Moon has heen deD-| ) ovog," oig e maweat Henolitidn uty county auditor for three years 3 ary plot is said to have the backing and has had unrestricted access to of the soldiers now at Tehatalja. the vaults and files and knowledge of The militarists credited with plan= thie vanit comblastion. ning the counter-revolution fear the 4. That Mr. Moon handled many of |, influence of Enver Bey. They believe, the packages of ballots when received thot Bo 18 too radlcal &s -well &8 tof by messenger,. mall or: exprems and ambitious. They believe that he that the ballots of every precinct 5 ceived by the auditor as when cast by practical anarchy would foliow - the the voters. 5. That when the packages were |°UCC0SS Of his schemes. opened they were piled in the “com- missioners’ room” and that the room |« 4 4 % % % & K & € & € K X & & was constantly occupied by Mr. Moon | x TENSTRIKE. S in the discharge of his duties as dep- KKK KKK KKK KK KKK KKK uty auditor. O. L. Lindh, state scale inspector, 8. ‘That the hallota remained In the| o, "oy o soales in the village this week. The Ladies’ Aid will meet with Mrs. McGhee next Wednesday after< noon, There will be a taffy pull at the Guild hall Saturday night. S. E. Thompson went to Minneap- olis on business this week. Constantinople, Jan. 27.—Gruvsct at work; that Auditor George sealed and filed them id his vault from three to five days later; and that the ballots of Frohn and Grant Valley were so placed in the auditor’s vaults. Harris Entered Auditor’s Vaults, 7. That the auditor and his depu- (Copyright.) LEGISLATURE . IS QUIET Three Weeks Have Passed Without ‘TAX FIGURES FROM OTHER CITIES City Clerk George Stein has compiled the following table after having A 515 000 hilE Finishing Room of the Northiand Pine Crating Company Burned .Saturday Night. WILL BRING MEN TO BEMIDJI Plant Here to Be Run at Full Capac- ity in Order to Care For Orders Which Are Now In. A TFIREBURG IS SUSPECTED Factory Has Been Visited By Many Blazes Since Its Establishment ~—Rebuild With Concrete. Special to The Piomser. Cass Lake, Jan. 27.—Fire Satur- day night destroyed the finishing room of the plant of the Northland Pine Crating company and entailed a loss of $15,000. Officers of the com- Pany are not certain there is any in- surance on the part burned as an in- 3 surance policy was pending. o Owing to the fact that the company : has a large amount of orders ahead, enough men will be taken to the Be- midji Box factory, which is owned by ] the same people, to run that factory = written county auditors, in which the cities are located, for the tax figures. The able shows that one reason Bemidji’s taxes are high is that the county tax.is double and treble that of other counties. This is largely caused by the large bonded indebtedness necessary to care for the ditch work being done. Another reason is that the school tax is high as the city has twenty- Startling Developments in Bills Passed on Investigations, C. 0. Moon, the contestant, 1,463: |ties had access to the vault, at all| A Drogressive euchre party was For J. O. Harris, contestee, 1,460. It|times and the clerks during business| 8iven at. the farm residence of Mr. finds as conclusions of law that the|hours; that other county officers had| and Mrs. L. J. Duer Friday evening. saild contestant, C. O.Moon, is en-|access to the vault; and that J. 0.|A fine lunch was served. All report at full capacity and so practically double its output. = E. E. Kenfield, % manager of the Bemidji plant, came B here Sunday to investigate. = titled to judgment herein adjudging an: anjoyable.time, and declaring that he, the said C. O. Moon, was at the general election on Tuesday, the fifth day of November, 1912, duly elected register of deeds in and for said county for the term beginning on the first Monday in January 1913, and that he is en- titled to said office. “Let judgment be entered accord-| ingly after” twefity days from the date hereof.” C. 0. Moon was elected register of deeds of Beltrami county at the last general election by three votes ac- cording to a decision filed this morn- ing by Judge C. W. Stanton. The decision provides that judgment for Mr. Moon be entered in twenty days. According to the returns of the can- vassing board, J. O. Harris, was de- clared elected by a majority of five votes. It has generally been understood that the case would be carried to the supreme court by the losing side. Should such an appeal be taken by Mr. Harris, he will retain the office until the appeal is settled. Should the decision of the supreme court be adverse to Mr. Harris, it is probable that Mr. Moon will have an action to recover fees collected in the in- terim. Inspectors Named Nov. 25. The notice of the contest on which the present action is based was filed by Mr. Moon November 25 and asked that inspectors be appointed to ex- amine the ballots. It was so ordered by the court and Thayer Bailey, act- ed for Mr. Harris, F. S. Arnold for Mr. Moon and two selected Fred Rhoda, clerk of court, as the third. ‘The inspectors reported on December 12 and made a supplemental report on December 19. Attorneys for Mr. Harris appeared before Judge Stan- ton on November 29 and December 4 and filled written objections to fur- ther proceedings but in each case were overruled. The case was called to trial Dec- ember 19 at an adjourned session of the September general term and at that time Mr. Moon was allowed to file an amended notice of appeal in which the towns of Frohn and Grant Valley, whose ballots had been found to be missing, were omitted from the general allegation of error. Mr. Har- ris’ amended answer stated that there was an error in these two towns. Testimony was taken until December 24 and on January 11, attorneys for the two contestants made their final arguments. Judge Stanton’s decision, in speak-| ing of the Frohn and Grant Valley precincts, says that the testimony of every member of the election board of these towns confirmed the accur- acy of the official returns. The coun- ty canvassing board’s report was al- lowed to go in uncontested by the at- torneys for the contestee, Mr. Harris. No Suspicion on Moon. In speaking of the fact that Mr. Moon, as deputy county auditor, had aceess to. the ballots since they were placed in his care, the court quotes from an Iowa case that the mere op- portunity to tamper with the ballots does not raise & suspicion that thoyJ Harris occasionally entered the vault and did so enter the forenoon of De- cember 11, 8. That the inspectors started the recount December 10 taking the bal- Y lots, a few at a time, from the audi-| Montevideo, Minn., Sunday morning. or’s vault to the commissioners rooni; | Miss Marjorie Knappen, teacher in that the ballots were sealed with the['Public schools at Bemidji, came to auditor’s seal ~ Which was intact on | Tenstrike Friday evening- to spend each; thét-it-became Enown-Becemd| the week-end>with-her awht Mrs M. ber 11 that ‘the ballots of Frohn-and | B. Knappen. Gran Valley were missing and that| ~John Zeck and family left for Chi- they they have not been seen since; |cag0 Monday morning. that the recount of the inspectors did| Knute 'Strand and Guy Stevens not include Frohn and Grant Valley. | Were trading in the village Saturday. 9. That in fifty-two of the pre- Miss Ilah Erickson returned home cincts of the county the vote stood,|from Margie where she has been Harris 811 and Moon 880; that the| visiting her sister, Mrs. Draper. Second ward in Bemidji cast 138 for| Harold Heroux came in Saturday Harris instead of 137; that the Third|evening and returned Monday morn- ward cast 71 instead of 72 for Moon; | ing to Big Falls, where he holds a that the Fourth ward cast 98 instead | Dosition with a timber company. of 97 for Harris; that Nymore cast 44 instead of 43 for Harris; that Bat- tle cast 17 instead of 16 for Harris; that Baudette cast 101 instead of 102 for Harris, and 47 instead of 46 for Moon; that Blackduck cast 108 in- stead of 107 for Moon; that Chilgren cast 8 instead of 7 for Moon; that: Hornet cast 4 for Harris and 18 for Moon instead of 5 for Harris and 17 for Moon; that Jones cast 5 for Har- ris and 16 for Moon instead of 4 for Harris- and 15 for Moon; that Lan- gor cast 7 for Harris instead of 8; | that Moose Lake cast 21 instead of |20 for Moon; that Tenstrike Center cast 36 instead of 41 for Harris and that the Tenstrike error was due to a transcribing clerk. 10. That the Frohn and Grant Val- ley ballots were removed from the auditor’s vaults by an unknown per- son on or before December 11. Vote in Missing Precincts. 11. That in Frohn the vote was 17 for Harris and 27 for Moon. 12. That in Grant Valley the vote was 17 for Harris and 25 for Moon. 13. That no one had opportunity to tamper with the ballots during the time they were in his vaults but the auditor, Mr. Moon and H. W. As- lop. The decision also finds as facts that in several instances judges of election failed to follow the letter of the law. Mrs. C. J. Wild has returned from an extended visit to her old home in- Chicago. Mrs. E. E. Schulke returned from TO BAR THE COMMON CUP. A bill has been introduced in the legislature by Senator Marden of Clay county, prohibiting the use of the common drinking cup in all pub- lic ‘places in Minnesota. The bill is in the hands of a committee and may be acted upon within the next week. Should the legislature enact the measure into law, the roosting place of many billion disease germs will be destroyed and a lot of infection.suf- fered by the people avoided. America laughed at Kansas a few years ago when the Sunflower state placed a bar against roller towels, but after a report was made on the number of disease germs that lurked in some of them, persons became sober and thoughtful as they turned to the drinking cup. More investigation, and this hypothetical question fol- lowed: “If one and one-third million bac- teria can dwell together in peace and harmony on one-third of a square inch of a roller towel, how many bac- teria can be imparted to an area of one square inch on the edge of a common drinking cup?” The common drinking -cup is even more deadly and dangerous than the roller towel because from it germs left by diseased persons are carried directly into the mouth, while from the towel they are only rubbed upon Mr. Harris was at his office in the| the outside. Should the Marden bill court house this- morning for the|be passed, the common drinking cup first time since January 4 as he has|will be prohibited in all depots, been confined to his home with a|public halls, office buildings and severe illness. . (Continued on last page). SCOOP gerorter REPORTER WITH NIMBLE FEET T USED Yo SKP WITH LA GRIPPE. FOR. BUT Now BN M T STUMBLE, su> ME_ YO GET 4 WHOLE. MY BACK WHEELS SKID an' Up T TRIP| A D1IZZY HEAD AND Ammh HlP BESPEAK A e THE SOME ORATORY SAID COMING By United Press. St. Paul, Jan. 27. —Rree weekas of the legislative sessign’ ._hnve now: passed, without. any stastiing devel-|; opments inthe matter of legislation passed .or invesigations condicted. It is evident, however, from the matters pending, that this week will inaugurate the real excitement of the session. First of all, there is the womans’ suffrage bill, which has been made a special order of business and which will undoubtedly come to a vote in the senate Tuesday morning. _ The grain probe committee, headed by Rep. C. M. Bendixen, promises to subpoena prominent board of trade members in St. Paul, Minneapolis and Duluth to see why farmers cannot gain membership. Also whether or not terminal elevators juggle the grades of wheat, and whether it is with the approval or connivaace of the state grain inspection depart- ment. ‘The ' Coates-Gillman contest will very likely be decided early in the week. Open meetings of the committees having under consideration the ton- nage tax, public utilities and work- mens’ compensation bills, promise to furnish some variation from routine business during the week. * It seems to-be generally believed that reapportionment will not come before either the house or senate be- fore Febuary 15." In the meantime the various forces are lining up their recruits, or converts, and a flow of oratorical ammunition is being stored up to enliven the later days of the sessions. ADELBERT SENEAR ARRESTED Adelbert Senear was in police court this morning on & warrant sworn out by-Martin Brown and served by De- puty James Cahill. Brown said that Senear threatened to “crucify’” him. Senear was released ‘and his case put over ten days in order that he might go to Grafton, N. D., to appear as a witness in a case in which Joe. Steid! is interested. The City Editor Was Feeling Rather anpy Himself TMTO MY HANIC MY NOSE. T DB, W DEW DRIPS DROP Nmmfim X DARE NOT EVEN YAKE Q NP (rr BuRNs. vfl.msou N MYLIR) T CALLED UP DOC To GET HE TP, \CHEER UP SEZ HES 1T JurT W five per cent of all the children in school in this county. City City ~~—wwess | this plant since it was built a few Popu- ~ Proper. . Schools. County. State |YeTs 880 and insurance companiep % CITY. lation. Mills. Mills, Mills. Mills, fhave been wary about writing a-ling : Rochester ... .. 22.55 16.55 4.32 3.58|on the building. The Chicago reprer g":::::g“.: 33-10 fg-” g~g§ g'gg sentative of tne company was ng- Little Falls .. 17.71, . 19.75. 8.84 3.5g|Sokiating for . insurance abgut i 17.36 12.56 5.02 3.58]days ago, but it is not certain wheth: 1 16.80 < 15.80-" ; 5.62 3.68]er or Hot’ e had he policies at the: T 16-50 20 16-42 3-58| time of the fire. 2 %?70 ;f-gg ffg ggg It will be remembered that a few z Brainerd 1066, 17,84 - 8.9 . g.gg|dav8 belor the feleral court.at, Sus e | Virginia .. J...10,000 2630 10.30 3.58 3.5g| Derior held H. N. Harding, a local in- EEKKKRKKKK KK KKK KX * HORNET. x LR RS RS EEEEERE EIL Y Andrew Shaw went to Blackduck on Monday. The Literary society held its meet- ing at the Murray school on Tuesday evening. The following program was given: Recitation........... Lucille Thom. Essay, Robert Burns,...Eva Murray Reading, “To Mary in Heaven”.. tsssseeeeeeo. . Florence Green. Recltnunn, “That Old Sweetheart of Mine”............Miss Anvid. Address, “Love”...R. M. Cossentine. Mrs. Jake Miller visited friends in Blackduck for a few days, and re- turned to her home on Thursday. Mr. Teneyck and sons came from Quiring on Wednesday to put up the wire and telephones at Shooks, also in the houses of J. S. Tope, R. Shaw, J. D. Bogart and the two school- houses. It was reported on supposed good authority, that the telephone wire was completed to Funkley. This is an error. & MRS. MADGE C. RASK DEAD Mrs. Madge C. Rask, a dressmaker of this city, died at her home Satur- day morning. The body has been tak- en to Freeborn, Minnesota, for burial. Mrs. Rask was married in 1912 and is; mourned by her husband. She was a member of the Methodist church and a taecher in the Sunday school. ELKS’ CLUB IS DESTROYED. - St. Louis, Jan. 27.—The Elks club, a three-story building, was destroyed, three firemen were killed and scores of persons had narrow escapes from death in a stubborn fire at East St. Louis late last night. The dead: Lieu- tenant John Conner, Pipeman John Ford and Fireman Joe Croners. There have been five or six fires at surance agent, responsible to the Liverpool and London and Globe in- surance company for over $2,000 for a policy which the company had ord- ered canceled, but which the agent did not promptly do and caught & fire at this same plant for the amount of the policy. The Crating company sued the insurance company and re- covered and then the insurance com- pany after several years in court re- covered judgment against the agent. Suspeot a Firebug. The frequency with which tires have occurred at this plant have forced the citizens of Cass Lake and the company to the reluctant conclus- ion that there is a firebug working to destroy the plant. ' The company has always suffered financially to quite an extent at each fire but have al- ways rebuilt the burned part. After the fire immediately preceding this AR one which was in the boiler room, the & company began the policy of rebufld- b ing of fireproot material. Mr. Omap statss that in line with = the policy of the company the de- stroyed portion of the plant will probably be rebuilt of either steel or concrete at once. The cugine room, boiler room, saw mill office and dry kiln were not injured by the fire. Tr.cre was no fire of any kind in the destroyed building prior to the discovery of this and Mr. Oman states he haa two men at work all day yes- terday thoroughly cleaning up the entire building of all kinds.of litter P and there seems no possible chance for the fire to have started except by 2 the act of an incendiary. BATHGATE BOY NEARLY FROZEN Bathgate, N. D., Jan. 27.—Thrown from a horse, knocked unconscious, and awakening several hours later - numb with cold but still able to crawl to a nearby haystack where he cov-. ered himself with straw as protection against the cold, F. Foster was in serious condition when his father, Tke Foster found him. The father - and son had been riding horseback in- search of some cattle. The parent did ‘| not learn of the accident until on his return home he found the riderless horse. CATHOLICS RAISE $100,000 St. Paul, Jan. 27.—A purse of $100,000, the gift of friends and ad- mirers, much of it in contributions of from $1 to $25, wes Dpresented to Archbishop John h'ieland Saturday night at his residence here, while his close friend, Bishop James McGolrick of Duluth, stood beside him. Paul Doty, chairman of the gift committee, headed a group of fifty persons and presented the gift on be- half of the donors. Bishop J. J. Law- ler and a group of priests were pre- sent. . The fund given to the arch- bishop is to be devoted by him to raising the dome of the cathedral which is being built for the archdio- cese. After the presentation and reply, an informal luncheon was served. Archbishop Ireland predicted that the cathedral would be complet- ed before 1915, U. C. T. PARTY FRIDAY The local council of the United Commercial Travelers of this city will give a dancing party at the city hall Friday evening, January 31. This will be the last danée before the jopening of Lent and the committee anticipates a record breaking attend- lance for this dance. Special music, dances and-refresh- ments-are being prepared for this oc- casion. The affair will be strictly an invitation event and admission will be extended only to those who have been invited or who have been recom- mended by a member of the local council. Mrs. J. Peterson, Jr., left for Barnesville to attend the funeral of her mother who died Friday after- noon at the age of eighty-nine years. By "HOP” VAN TASSEL-HOFFMAN. : Saturday evening at the home of the bride in Nymore, the marriage of. Miss Jessie Hoffman and Forrest Van Tassel, both of Nymore, was cele- brated by Rev. 8. E. P. White of ¢ midji, the ring ceremony | ‘fused. Miss Gladys Austin of