Bemidji Daily Pioneer Newspaper, April 28, 1914, Page 1

VOLUME 12. NO. 1. GRANTS INJUNCTION IN ORDINANCE CASE Judge Stanton Files Order Restrain- ing City of Bemidji From Enfore- ing Third Street Ordinance MEMORANDUM EXPLAINS LAW Jurist Cites State Constitution Show- ing that Act of Council ‘was in Di- rect Violation to Article Judge Stanton, by order filed to- day, has granted to Hoganson Bro- thers an injunction restraining’ the and its officers from enforcing General Ordinance No. 1, which seeks to prevent the erection of buildings within three feet of the property line on the north side of Third Street. In the litigation At- torney M. J. Brown appeared for the plaintiffs and P. J. Russell, city at- torne; presented the argument for the city. The memorandum filed by Judge Stanton follows: “The city ordinance involved ia this section provides that no build- ing shall be constructed on the north side of Third Street between Bemidji Avenue and America Avenue closer than three feet from the property line fronting on Third Street. Is The Ordinance Valid? “Is this ordinance valid? The an- swer to this question settles this con- troversy. It is contended by the city that the ordinance is a valid ex- se of the police power of the city while on behalf of the plaintiff it is nrged that it is not, on the ground that it is so unreasonable as to be in- valid, and, if enforced, would deprive plaintiffs of their property without compensation. “The city charter (See. 5, Chaptor i) provides that the city council shall have “the full power and au- thority to make such ordinances as it shall deem expedient for the govern- ment good order of the city, for the protection of the public and of the publie health, comfort and safety.” Owner' May Suit Himself “It is fundamental law that the éMy council may, nunder such an or- dinance, require the owner of a lot to so use it that the public health, comfort and safety will be best con- served and to ‘this end its police pow- er may be exercised. But it is also fundamental that such owner has the right to erect such. buildings cover- ing such portions thereof as he choc and put his property, as thus improved, to any legitimate use which suits his pleasure, provided that in so doing he does not imperil or threaten harm to others. Restric- tions upon the use of property can only be imposed upon the assumption that they are necessary for the health comfort or general welfare of the public; and any law abridging rights fo a use of property which does not infringe the rights of others, or which limits the use of property be- voud what is necessary to provide for the welfare and general security of the public eannot be included in the police power of a municipal govern- ment. Curran B. P. Company v. City of Denver, 107 Pac. 261. 27 L. R. A, (n.s) 544 ‘Willison v. Cooke, 130 Pac. 828,, 44 L. R. A. (n. 8.) 1030. No Express ‘Authority “The city charter confers no express authority upon the council to re- quire buildings to be erected at any designated distance back of the pro- perty line; and, hence, it is only by virtue of its power to enact police re- gulations that the city can assume to act in passing the ordinance in question; and consequently the or- dinance is invalid if it appears that it is unreasonable. “The plaintiffs purpose the erec- tion of a store building on their lot on the nonth side of Third Street. Why should they not be permitted to cover the entire lot if they desire to do so? In what respect would their doing so injure the health, molest the comfort, or endanger the safety of the public? I am unable to un- derstand how it would do either. It seems clear to me that the restriction is unreasonable, arbitary and oppres- sive. “While generally it is for the legislative body to determine what .aws are required to pro- tect and secure the public health, comfort and safety, un- der the guise of police regula- tions it may mot arbitrarily in- fringe upon personal or pro- perty rights; and its determina- tion as to what is a proper ex- ercise of the power is not final or conclusive, but is subject te ithe serutiny of the courts.” In. re Peter Jacobs, 98 N. Y. 9 Violates State Constitution Further, the ordinance plainly vio- lates See. 13, Article 1. of the State Constitution, whieh - provides that “Private property shall not be taken, destroyed or damaged for public use, without just' compensation therefor (Continued on last page.) . JOHN D. ROCKEFELLER Asked by President to End Feud_ in Colorado Coal Field. TAMPICO FIGHT GOES ON Rebels Continue Attack and Consular Officials Board Warships. Washington, April 98 Constitu. tionalists at Tampico are continuing their attack on the city, according to a dispatch from Admiral Mayo. “The American consul at Tampico,” the dispatch . continues, “now is on board the Dolphin, with the consular force on the Des Moines. The North Dakota has arrived at. Tampico and general conditions are reported as un- changed.” SENIR PLAY NEXT WEEK “At the End of the Rainbow,” to be Staged by High School Graduates In Athletic Club Theatre IS DIRECTED BY MISS COULT Members of the 1914 graduating class of the Bemidji high school will “At the End of the Raiubow,” in the Athletic club theatre -on TFriday evening, May 8. It is aieollege comedy in three acts and is in keeping with the spirit which instills every university stu- dent of today. Rehearsals have held since the aster vacation under the direction of Migs Clarice Coult, of the English dopartment of the high school, who so successfnlly managed the staging the “The College Widow,” last Feb- ruary. There are present their class play, six boys and thirteen girls in the cast, All prepatations for the staging of the play have heen completed and it is certain to be a great succe: “BILL” GOES TO THE PLAY Used to Purchase Tickets to See Home Talent Play At Athletic Club Theatre Last Night IN HANDS OF FATHER PHILIPPE The busy “Dollar Bill” is enjoying ‘himself immensely in Bemidji and expresses himself as heing much pleased with the treatment accord- ed him in this city. Last night “Bill” was taken to the Athletic Club theatre where he pur- chased tickets for Mrs. John Falls in order that she,might see the home talent play given for the benefit of ithe Catholic church. This gave “Bill” an opportunity fto-see the play also. When asked what he thought of the entertain- ment he said, “I haven’t had so much fun in a long time as last night. I want to tell you that Bemidji has some real actors. I do hope Tl have the privilege of going to some play again.” Rev. Fatner Philippe has “Bill” in his possession and will advise the ‘be spent. ‘Wateh “Bill’s” mext move. the paper for MANY ENJOY PLAY . “A Woman’s Honor,” Successfully Produced by Home Talent - “A Woman'’s Honor,” was success- fully staged at the Athletic' club theatre last evening by home talent for the ‘benefit of the (Catholic church. Each member of the cast did exceptionally well, The play wasg one of the most enjoyed of any home talent production given here in some time. It was staged for the benefit of the Catholic church. LAVINIA BECOMES ACTIVE Summer Residents of Bemidji’s Popu- lar Resort Open Cottages—Several New Buildings to be Erected COME EARLIER THAN USUAL Lavinia, one of Bemidji’s most ‘popular summer resorts, is beginning to show signs of the approaching out- ing season life, several families al- ready having opened their cottages and others are expected before the end of the week. Mrs. Chandler and children of Grand Forks, have opened their sum- mer home, as has H. E. Reynolds, the ‘Bemidji land man, During the present week several Grand Forks families are expected to arrive for the summer, among them being Mrs. C. F.- Williams and the Roycrafts. M. 8. Titus, of Minto, North Dakota, will also he an early arrival. : Ted Maloy, Altlwngh Mnted s sense at Meeting ltmflx Ago, Suc- - cessful in His Seoondthempt Ordinance Placing Auto and Livery Business on License Bagis Killed— Tilt Follows Truck ‘Suggestion Bgm}dj‘l’s council 1ast night com-- pletely reyersed its stand taken a month ago, ‘when _ it %'learly demon- strated desire - to'. lessen the number of saloons, ‘by granting a liquor license - to - Ted loy, who had previdusly been . re- fused a renewal. ’l‘h;ree other ap- ‘plications - were also ‘granted last night, Larkin & Dule: Harry Gun- salas and E. K. Anderson. Of the eight aldérman in atten- dance at the meeting three voted license, these being Laht of the first ward, Smart of the second ward and ‘Foucault of the third ‘ward. = Those favoring the license were Moberg of the first ward, Baily of the second ward, Bisiar of the third ward, Mil- ler of the fourth ward and Murphy, alderman: at large. Grant Gunsalas Application The Gunsalas application was granted, Alderman Lahr casting the enly vote against it. The Larkin According to Captain MacLachlan |& .Dale~and Anderson ‘license were | the summer residents of Lavinia are opening their cottages much earlier than in previous years. There will be much building at La- vinia during the season, and among | the new cottage owners will be E. E. McDonald of Bemidji, Roycraft and Carter of Grand Forks. ~ CLEAR FIFTEEN ACRES Gray Boys Prepare Farm Near Be- midji for Crops—Move From Iowa Daniel Gray who came here from tlencoe, Towa, .and who has had three boys here clearing land for the past few months, has arrived tm Be- nidji and will make his home on his fasa three and one half miles south of Bemidji . His farm is lo- cated in the town of Bemidji.. The boys have cleared about fifteen acres of land and will have them under cultivation the coming year. Mrs. Gray will join her family here some- time this week. Before coming to Bemidji- the Gray’s farmed in Iowa and two years ago Mr. Gray purchas- ed this property with a view of tak- ing possession later on. Conditions however prompted them to make the move at this time believing that the prospects here are brighter than in any other section of the country. The boys range from sixteen to twenty one years of age and will prove of great help to their parents in this newly developed community. Bemid- ji farmers and city folk welcome them to this section and will watch with interest their progress as up- to-the minyte farmers. Mr,. Gray was in the hardware business hefore taking up farming. FILES FOR SHERIFF. Marion Hazen, Former Deputy To Op- pose Johnson at Primaries. ‘Manion Hazen, of this city, yester- day afternoon filed for the nomina- tion for sheriff of Beltrami county, with Auditor George. In so doing ‘he will oppose Sheriff Johnson at the June polls. There is also the pos- sibility that John C. Parker of this city will announce his candidacy in the near future. Hazen has been a resident of Bemidii since 1897, and for two years served as deputy sher- iff of this county, this being at the time his father, Al Hazen, was sher- iff. He has been employed- by the Pioneer when and where “Bill” will! Minnesota & International, and was jthe first messenger to make the run jbetween Bemidji and Blackduck. He is well acquainted with-the sheriff’s duties. Harrisonville, W. Va,, is offering a cash bonus for every baby born there. 'street. sranted without opposition, = Five months ago-Gunsalas was refused a license by the council, and Carl An- derson, now-dead, was given one, oc- cupying the same -building on Third Since the death of Ander- son the place has been closed, as has the Maloy saloon sincé the old license expired. In other words, Bemidji to- day has two more saloons than dur- iing the past few weeks. Assist County Fuir Board A. P. White, A. P. Ritchie and Charles Schroeder, officials of the county fair association appeared be- fore the council and asked that the city assist in the erection of perman- ent buildings on the fair grounds, which new.cbelong to. Mxeco\mty, hav- ing been purchased By the commis- sioners. It was voted to assure the association of $250 and promise as much more as the finance committee might find the city able to give. Al- though in previous years the eity has " |always given an appropniation to the county fair, no money was asked for last year. There are now several thousand dollars in the treasury of the fair association. Tilt Over Fire Truck ; That the members of the council do not agree upon the advisability of the purchase of an auto fire truck be- came apparent last evening when the suggestion was made that bids be ad- vertised for. ~Alderman Miller and Bisiar were opposed to such action, while Aldermen Moberg and Smart were of the opinion that the mat- ter should be disposed of for the pre- sent as what opposition as might come up could e dealt with when the bids were opened. The fire depart- ment has recommended the purchase of the truck. A vote was taken as to whether the bids should be asked for, and the vote resulted five to four in favor of so doing, the newly ap- pointed alderman from the fourth ward, A. W. Ditty, casting his first vote. g Condemn Rustic Bridge The report of the street committee, recommending that certain improve- ments be made was accepted. The report condemned the condition of the rustic bridge and recommended that it be® destroyed and a retaining wall built to replace it. Considerable opposition was made to this plan, it being generally believed by the al- dermen and those in attendance at the meeting that the bridge should either be repaired or rebuilt, its value as a beauty spot to the city be- itoo great to allow its being replaced by other plams. Just what action jwill be taken ‘has not been decided upon. Street Commissioner. Carter today closed ithe bridge to travel. The ordinance placing the livery business on a license basis was killed. SCOO DIDNT KNOW HE WUZ MARRIED THE CUB REPORTER NEVER FELTSOEMBARRASSED INAL MY LIFE - CAMETO CALL ON SNDOP— GLONE. WY ER AN as sooN i \ AsSIOP Scoop Is Very Sensmve About His Looks OF COURSE AS S00N AS WE CAME. V‘“ W[[]” MADAM -T- DEMAND &N N -THA UL BOOB SNOOP DUCKED I N[ { OUT UV TH'ROOM AN LEET ME. TOOK. HIS WIFE FOR HIS MOTHER | Ma- |- against the granting of the Maloy | munsn HIGHWAYS, ounty Commissioners Yemrdny Ap- prove of A and B of llumbn ) At a special sessfon of the board of county commissioners, held yester- day, having been continued from Saturday, sectione-A and B of high- ‘way number 9 were established, but action on section C was continued until the next meeting which will be held May 26. Commissioners Thompsgon, Myhre, .Lennon and Chdirman Rako were in attendance at the meeting. CLAIM INDICTMENT ERROR Case of Mrs. Nellie Staples Found Guilty of Murdering Day 01d Babe Will be Taken to Supreme Court. BEGINS TO SERVE SENTENdE That the indictment against Mrs. Nellie Staples, the 17 year old girl, who until a short time ago made Be- midji her home, and who was convie- ed of second degree manslaughter, will be brought before the state sup- reme court is claimed by her lawyer, James H. Maybury. She was con- victed of having killed her day old babe and of having thrown its body in a ravine near her home at St. Cloud, at which place she and 'her husband ‘nave lived since leaving Be- midji. " Mr. Maybury claimed that the in- dictment was not legally correct and that he proposed to show that on the face of it the woman was not properly tried. There were two in- dictments returned, one charging third degree murder and ithe other second degree manslaughter. According to the evidence, he said, Mrs. Staples was not guilty of either crime because of the fact that it was not shown that there was an intent to kill or an utter disregard for the value of human life according to the law as constituting either crime. In the event that the contention of the defense on the indictment is not upheld by the supreme court the case Wwill be taken before the -su- preme court on its merits. If the contention of the defense on the indictment is upheld Mrs. Staples will be freed and will not be submit- ted to another trial, foi the law pro- vides that she shall not be again jeopardized for the same offense Mrs. Staples will soon be taken to the state penuemiary to start serv- ing her sentence, the maximum of which is 15 years. 5 LET CONTRACTS ON DITCH No. 21, Joint Dréin for Beltrami and Marshall Counties, Bids Opened by Auditors George and Lundgren MANY CONTRACTORS PRESENT Many contractors from various parts of the county were in Bemidji today for the purpose of bidding for the construction work on judicial ditch No. 21, which is to be built in Beltrami and Marshall counties. ‘When completed the ditch will be 218 miles in length and will provide 193 miles of new road, amd will drain about 255,485 acres of land. The estimated cost of the new drain is 1$371,850. The contracts for the construction work were to be let this afternoon, ithe bids for the bridges and culvents ito be received at a later date, A. G. Lundgren, auditor of Mars- ball county, James L. George, auditor of Beltrami county, and G. W. Walk- er, engineer for the ditch, acted up- on the granting of the contracts. B. M. Stanton, of Thief River Falls, county attorney of Penning- ton county, was in Bemidji today on legal matters. While in the city At- torney Stanton was the guest of his brother, Dr. D. L. Stanton. German wine growers are encour- aged by their government to distri- bute nesting material and erect bird houses in their vineyards to attract feather foes to insect pests. APOLOGY FOR THEM CRUEL V) IWORDS - NO MaN, WOMENS, |f GEN. VILLA STANDS BETWEEN UNITED STATES AND WAR SAYS CONGRESSMAN -ADMIRAL WINSLOW. Leaves New Yo:‘k_ at Head of Special Service Squadron. l : The spécial ~service squadron's flagship, the battleship New York, with Rear Admiral Winslow's flag fly- ing, left the Brooklyn navy yard on her maiden voyage en route to active service in Mexican waters on sched ule time, setting a record for a new wardship in promptitudde of prepara: tion for gcing to sea. PRIMARY JUDGES NAMED Aldermen Select Men Who Will Have Charge of June Election—Polling Places Remain the Same. A. W. DITTY NEW ALDERMAN Primary election judges were named by the aldermen of the va- rious wards at the meeting of last nightsand m;mollmg places will be the same as duning .the previous elections. The judges and the poll- ing places are as follows: First Ward—Miller)s grocery Store. Judges, E. R. Getchell, Geo. Kirk and F. §. Arnold. Second Ward—TFire hall. Judges, E. J. Gould, Martin Flint and John Williams. % Third- Ward—Building in rear of Decaire store. Judges, P. M. De- caire, Joseph McTaggart and J. M. Phillfppd. Fourth - Ward—Daly Employment agency. Judges, H. E. Anderson, Joseph Anderson and Louis Blooston. The clerks for the various wards will be named later by the judges of election. Because of the removal of C. C. Crippen from the city, his seat on the council as alderman from the fourth ‘'ward was declared vacant, and upon the recommendation of Alder- 'man Miller, A. W. Ditty of Mill Park, Was elected to the place. Mr. Ditty is a conductor on the Minnesota & International mailroad. His selec- tion 18 generally regarded as a good one and his endorsements for the appointment were many, He will serve out the unexpired term of Crippen who now resides in Mon- tana. - Ice Destroys Boat House “The southwest wind of today is playing havoc with the boat-houses along the lake shore, the ice being blown against several near Diamond point and completely destroying ‘them. The Andrews and Klause thouses were ruined. It is not known what the damage to boats will amount to. The fice has gone out of Lake Irving. /i The funeral of Edward Henneghan of Funkley was held this morning in St. Philip’s Catholic chureh, Fa- ther Philippe officiating. Mr. Hen- neghan died of plural pneumonia. He is a brother of Arthur Henneghan, "who is employed at the Box factory in this city. —Confers With General Carranza - AWAIT REPLY FROM PRESIDENT Huerta Unconditionally Acoepts Med- iation Plans—Agrees to Proposal of Brazil, Chile and Argentina Washington, April 28—Spanish Ambassador Riano, in charge of Mex- ican affairs in United States, today informed Secretary of State Biyan that General Huerta had uncondi- tionally accepted principle mediation as involved in proposal of govern- ments of Brazil, Chile and Argentina. ‘Washington, ~Apuil strong man, General Villa, stande be- tween us and war,” declared Repre- sentative Kent of California yester- day in-the house.. “He is a bandit, ito be sure, but he has proven him- self a great leader, growing not only in power, but in understanding what the world demands. We must choose whether we are willing to ‘accept this man’s services or declare war.” Representative Mondell of Wyom- ing criticised Counsel Canada at.Vera Cruz for statements he sent out re- sarding tue conditions in Mexico, which Mondell charged were at- tempts to inflame the American peo- ple against Mexico. Villa and Carranza to Confer. ElPaso, Tex., April 28.—The re- lations between .General ~ Carranza and General Villa became the cen- ter of interest here upon the sudden departure of Villa for Carranza’s hehadquarters - at Chihuahua. The two leaders were expected to meet last night to compose their difference over the attitude of Constitutional- ists shall hold toward the United States and over the grave problems of military command. Refugees have brought word that affairs between them have reached a stage where one or the other must accept dig- tinetly a position in the revolution. The situation alleged to have pre- vailed on Texas, Arizona and New Mexico border is regarded- as- more reassuring. Villa Peevish. Villa contemplated a longer stay at Juarez, but on receipt of tele- grams from the south, suddenly an- nounced that he would depart. “Have a train ready in the morning,” he snapped, and the necessary orders were glven. Villa invited Robert V. Pesqueirs, Carranza’s confidential agent here, to go with him. Pesqueirs, who is the real foreign minister of the Consti- tutionalists, although he holds no portfolio, pleaded a pressure of busi- ness,” and the train, after waiting five hours, departed without him. Significance also marks the departure of Rafeal Zubaran, Carranza’s min- ister of the interior, for Washing- iton. Await Reply to Note Carranza ig still awaiting a reply from President Wilson or Secretary Bryan to the distrubing note of Wed- nesday. The mote, Carranza’s aides repeatedly explained, was intended a8 a basis of further diplomatic ex- changes, but among them the impres- sion is growing that there will be no reply. Carranza asked that the Am- erican forces be withdrawn .from Vera Cruz, and the president has since made it clear that he has no such intention at present. Infantry Arrives Three special trains, carrying. sol- diers and officers of the Sixth and Sixteenth infantry, have arrived, and other trains with the remainder are expected in the course of the night and tomorrow. Fighting at Tampico continued as it has for a week, and the advantage thus far seems to have ‘been with the Federal garrison. Visit Norway and France Elais Mattland, proprietor of the Great Northern restaurant here, left Saturday might for New York, from ‘where he will sail for Liverpool on the Cunrad line boat, Mauretania, tomorrow. From Liverpool he will go to Norway, Cesar Nfogret, has purchased a ticket for France smd will leave Wednesday night. Both secured their tickets from R .B. Fish- er, union depot agent. Opens Land Office Here V. M. Owens of Hines, will open a real estate office in Bemidji May first, having rented the Phibbs build- ing on Beltrami avenue for the pur- pose. He will deal only in northern Minnesota lands. Seven Guards Killed Joe Farr reported early this morning: i thttir’ingmhnmd ntw:lm_mu Representative Kent Believes Nation Must Accept His Services or Fight 28.—10ne ; Walzenberg, Col. April 28—Sheriff