Bemidji Daily Pioneer Newspaper, May 17, 1915, Page 1

g L TR ey THE BEMIDJI' VOLUME 13, No. 118, BEMIDJI, MINNESOTA, nomy EVENING, MAY 17, 1815, MOTION FOR TEMP,"RARY INJUNCTION DENIED; LUMBEK« "%“NYMUSTPAYTAX Judge Stanton Decides That Sheriff Johnson has Right to Sell Stock Unless Assessments Are Paid. MEANS COLLECTION OF $10,367.29 Covers 1914 Personal Property Tax on $50,000 Worth of Material— Same Ruling in Koochiching. Judge C. W. Stanton in a decision filed today denies the request of the International Lumber company that a temporary injunction be issued en- Joining Andrew Johnson, sheriff of Beltrami county, from selling any of the property of the company at the Spooner mill for the purpose of pay- ing personal property taxes, amount- ing to $10,367.29. Judge Stanton also orders that the restraining or- der issued following the action of Sheriff Johnson when he levied on the property, be vacated, annulled and discharged. Given Twenty-four Hours. In addition it is ordered that the decision shall take effect and be in force 48 hours after the service of notice upon Harris Richardson, at- torney for the lumber company, of the filing of the order. It is not likely that an appeal will be taken to the supreme court and it is the opinion of officials that the tax will be paid. Restrained Sheriff. Upon the refusal of the lumber company to pay the tax a warrant for the collection was given by Fred Rhoda, clerk of court, to the sheriff, commanding him tocollect thatamount with penalty and costs. This the sheriff did, making a seizure of the property and declaring his intention to sell it under provisions of the law to enforce the collection. The Company in Court. The International Lumber company then instituted action against Bel- trami county and Andrew Johnson, the sheriff, to restrain the sheriff from selling the stock of lumber on the ground that the tax was illegally levied and that the warrant was il- legal and prematurely issued and claiming that the state tax commis- sion had illegally increased the as- sessed valuation of the property with- out notice to the lumber company. Graham M. Torrance, county at- torney, answered the complaint and claimed that all proceedings in the matter had been in strict accordance with the law. He represented the county when the motion for a tem- porary injunction was argued here a week ago, and also assisted Franz Jevne, Koochiching county attorney, when the indentical proposition in- volving that county was argued be- PLAI\ “.RES FOR FAIR Officers of Agricultural Association Announce That Amusements for Exhibition Will Be Superior. BIPLANE TO BE AN ATTRACTION ‘With a biplane and many other attractions of merit being arranged for, it seems certain that the amuse- ments to be offered at the county fair next fall, September 15, 16, 17 and 18, will be better than those of- fered at any previous exhibition. A meeting of the officers of the Beltrami County Agricultural asso- ciation was held Saturday night at which plans for the amusement feat- ures were discussed. Charles Schroe- der, secretary, is busy with plans and will soon announce definitely just what the special attractions will comprise. Many improvements are to be made at the fair grounds during the sum- mer and they will be made as attrac- tive as possible. New entrances will be provided and the fence on the north side will be removed, the wire fence of the school farm being used instead. The safety fence along the race track will be strengthened and extended. Officers of the association realize the necessity of a stock amphitheater |and the proposition of financing its erection will be taken up with the board of county commissioners. The large exhibit building which was used for the first time last fall will provide sufficient floor space for the present and no changes will be made. Work on the premium list will be- gin immediatly and very effort will be extended to make it satisfactory to all in every detail. the payment of the tax, which was refused, and” now threatens to dis- train and sell the property. Hence tlis motion for a temporary injunc- tion. “Prior to 1%97. the statute pro- vided that the county treasurer should file his list of unpaid per- sonal property taxes on the“first day of April, and that the clerk should immediately thereafter issue his war- rant. No provision was made for time after the filing of the list in which to answer. Even under the law as it then existed, our supreme court held in Nelson Lumber Com- pany v. M’Kinnon, 61 Minn. 219, that: “Even though, by reason of in- regularities and omissions, the tax proceedings are in fact void, if the distress warrant is reg- ular on its face it protects the officer executing it in a reason- PR TR TRER® WINDHOCK CAPTURE i Accountant Who Recently l’mahd Here, Returns to Bemidji With Bride Friends of David L. Friedmann, the public accountant who recently es- tablished an office in Bemidji, were much surprised when he returned to Bemidji this morning, accompanied by his bride of two days. Mr. Fried- mann and Freda Josephine Bergstrom, daughter of Mr, and Mrs. N. M. Bergstrom of Eagle Bend, were mar- ried in.that city, Saturday. They will reside in Bemidji. Mr. Fried- mann until recently was connected with the Quail company, public ac- countants, of Grand Forks. NEW BAND LEADER HERE H. Vieson, Director of Many Famous Musical Organizations, to Take Charge of Bemidji Band. ASKS CITIZENS FOR SUPPORT With the rehearsal of tomorrow night, Bemidji’s band will come un- der the directorship of H. Vieson, a leader of much prominence. Mr. Vieson arrived in Bemidji yesterday morning and feels certain that a splendid band may be developed here. “I ask the support of Bemidji’s cit- izens,” said the director, “for with- out co-operation we cannot hope ior success. The members of the band seem enthusiastic and I feel confident that we can send a band to the state fair next fall which will compare - vorably with any there.” Mr. Vieson comes to Bemidji from Kamsack, Saskatchewan, where he has directed a band for some time. His departure from that city was re- gretted and he was offered an in- creased salary, but he preferred to re- turn to the United States. He is a graduate from one of the leading conservatories of music in Germany and has played with sev- eral of the most famous bands in the United States, besides directing many well known orchestras. teacher of piano, violin, all reed and wind instruments and in addition is ‘a leader of choirs, choruses and sing- ing societies. Director Vieson is He is af highly recommended. AUSTRIAN BATTALION CROSSES (United Press) Rome, May 17.—It is Italian frontier. IMPORTANTVICTORY Most Extensive Anwnph:hment of British Armies Durihg War--Neces- sitates Henvy"‘knmm. ALLIES’ OFFEHBWE IS SUCCESS Much Territory is Recovered From Germans, - Fully ‘Compensating Losses Received at: Ypres. J. W. T. MASON. New York, May 17.—The capture of Windhock, the capitol of German southwest Africa, by the British Boer army under General Botha, is the most extensive vlctory the armies of the British empire have won in the present war. Southwest Africa’ is Germany’s principal colony. It has been fost- ered so long by trenfiry of Germany and has seen much; German blood shed in tribal war #gainst Hotten- tots and Herraras, that the colony has been considered the very base of Ger- ’|many’s future colonial “expansions. Germany must add Southwest Africa to her crushed oversea trade, as the principal defeats shé has suffered during the war. Southwest Africa, too, must be heavily ransomed, if it is to be returned to the Germans by the treaty of peace. ‘ Germans Struck First. At the outbreak of the war the German defense of the empire’s most important colony wa§ in the hands of 3,000 police and soldiers and about as many more German civilians. This was a very inedaquate protection for a territory as large as Texas and New England combined. The Germans, however, struck first by fomenting a revolt among the Boers in British South Africa. General Botha, who commanded the Boers during their war against England 12 years ago, has since -become prime minister of a united Boer and Brit- ish South Africa. He remained loyal to the British Empir¢, when the in- surrection broke out’and subdued some 10,000 of his old comrades in arms. The Boer premier has full confidence in the effectiveness of his work. Invaded Africa. ‘When the insurrectia was-quelled | he headed an expedifionary force which invaded German Southwest ITALIAN LINE Africa under conditions that severely tested his genius as a statesman and military leader. With himself and the best troops of British Southwest reported | Africa far away in the interior of that Premier Salandra has summoned [the German colony, conditions were the Italian cabinet for an immediate |admirable for a recurrence of session on account of reports that an | Boer revolutionary movement. Austrian battalion has crossed the|only military obstacle was a force of the The Portugeese troops in Portugeese WHOLESALE HOUSE Crackerjack, Pennlm and Grape Juice is Prize of Youthful Thieves, Thieves, believed by the police to be boys, entered the Gamble-Robin- son-Bemidji company storage house some time last night and made away with a sack of peanuts, some cocoa- nuts and crackerjack. Entrance was gained by breaking a window in the ‘warehouse. Several cases of grape juice, crackerjack and other articles were opened, every part of the stor- age being visited by the prowlers, in- cluding the candy and cigar room. A portion of the stolen goods were found on a hill near the building, in- dicagting that the thieves had been frightened away. Chief Ripple is working on the case and says that he has located the guilty parties. MUNCH DISTRIBUTES FRY Crookston Warden Places Output of Bemidji Hatchery in Various Lakes of Territory—Praises Conditions. FIRST SEASON PROVES SUCCESS Fry from the Bemidji pike hatch- ery is being distributed in many of the lake of this territory and the first seasoifl of the establishment has proved most successful. About 600 cans of fry have been secured at the hatchery, many of which have been distributed. Last week William Munch, thé Crookston game warden, who is in the city to- day, placed 55 cans in lakes between Bemidji and his home-city, the cans helding approximately 1,375,000 fish. Sherm C. Bailey, local game warden, superintendent of the hatch- ery, has placed 125 can of fry in Lake Bemidji and the remaining 400 cans will be distributed in the lakes of this viecinity. “I have had ten years’ experience in the fish fry work. The fry taken from the-hatchery at Bemidji is the best I have ever seen,” said Mr. Munch. “One of the reasons for this condition lies in the fact that ‘the hatchery is at a natural place along the river and another reason is because the fry only remain away from the lake waters for five hours during the time they are transplanted from the hatchery to the lake.” “Friday we took the. fry.: from the Bemidji hatchery ‘at 12 o’clock and by 5 o’clock all had been dis- tributed to the lakes west of here, near Wilton, Bagley, Lengby, Foss- ton and Maple Lake.” Bemidji sportsmen who financed the establishment of the hatchery here are much pleased over the suc- cess of the enterprise. The building in which the hatchery is located was erected by money raised by subserip- tion and was equipped by the State Game and Fish commission. F. 8. INOTE OF UNITED STA FLEET REVIEWED B MILITIACONPANY CERTAIN Guy A, Eaton, State Cdmmnnder, Says Bemidji Division Could Be Mus- tered in On Short Notice. LYCAN RETURNS FROM DULUTH “Bemidji could have a naval mili- tia company within ten days,” said Ralph B. Lycan on his return to the city today from Duluth where he spent Saturday and Sunday as the guest of Guy A. Eaton, state com- mander. The Bemidji representative spent most of both days on the training ship Gopher, the purpose of the trip be- ing to inspect the work done, that information concerning requirements might be given the local young men who have signed a petition request- ing that a company be established here. It had been intended to make a week-end cruise to Allouez bay but the weather interfered and but a ten- mile trip was taken. About 100 men, including the Duluth militia, a delegation from the Pine City com- pany, Mr. Eaton and Adjt. Gen. F. B. Wood, who was making a trip of in- pection, were on the boat. Ralph Lycan is chairman of the committee making plans for the se- suring of a company and he was much pleased with conditions as he found them at Duluth. He has had three years’ experience in the service of the national guard and states that the work of the naval militia is much more attractive and interesting. He was informed that Commander Eaton would come to Bemidji early next week for the purpose of explain- ing more fully the plans and to make plans for the mustering in of the company which could take place within ten days. Mr.. Lycan says that three cutters, holding about 15 men each, and a motor boat, will be provided the Bemidji company and the members will be given two uni- forms and full equipment. The commissioned officers will be elected by the company. Nearly 60 young: men have signed the-petition -announcing their desire to enlist and it is hoped that at least 15 more will do so before the date of Mr. Eaton’s visit to Bemidji. BEMIDJI MEN TO ATTEND Local Knights Templar Will Be Pres- ent at Commandary Celebration. Bemidji is to be well represented A report says that Austrian raid-|East Africa, which England could ers attempted to cross the line and|have used in an emergency but whose at the 50th annual conclave and Lycan is largely responsible for the | contonnial celebration of the hatchery’s existence. He first real- fore Judge Stanton in St. Paul. (Continued on last page). Same Decision Given. Judge Stanton’s decision covers | LABOR BUREAUS GIVEN were repulsed by bayonet charges. One hundred thousand people surged about the royal palace and war and foreign offices cheering for war. Ow- (Continued on last page). © STATE HAS 67,365 AUTOS both the Beltrami and Koochiching county matters. In Koochiching county the action was brought by the International Lumber company and the Minnesota & Ontario Power company, involving about $16,000 in taxes. Memorandum in Case. In his memorandum Judge Stanton says: “In asking for this temporary in- junction the plaintiff seeks to enjoin the sheriff from proceeding under the provisions of Sec. 2078, G. S. of 1913, to distrain the goods and chattels of the plaintiff and to sell the same to enforce the collection of the per- sonal property tax of the plaintiff for the year 1914. “This tax became delinquent on the 1st day of March, 1915. It re- remained unpaid on the 1st day of April, 1915, and thereafter, and not later than the sixth day of April, 1915, the county treasurer filed with the clerk of court his certificate that said tax still remained unpaid. This certified- list became ‘prima facia evi- dence that all the provisions of law in relation to the assessment and levy of such taxes have been com- plied with.’ See. 2077, G. S. 1913. Failed to Use Privilege. “The plaintiff failed to avail itself of its statutory right to file an an- swer setting forth its ‘defense or ob- jection to the tax against it,’ on or before the tenth secular day after the filing of the said list. In fact, it was not until after a distress war- rant had been placed in the hands of the sheriff and demand had been made by him for the payment of the tax—and later than the twentieth secular day after the filing of the list—that any answer at all was in- terposed. Reason for Injunction. “In the meantime, the tax having not been paid and no answer having been filed, the clerk, on or before the 22nd day of April 1915, issued and placed in the hands of the sheriff his warrant -for the collection of the tax. Subsequently, acting under the war- rant, which was plainly and conced- edly valid on its face ‘(unless, as con- tended by plaintiff, it was prema- turely dated) the sheriff demanded RAP AT BALTIMORE MEET Baltimore, Md., May 17.—Before 4 notable gathering of charity work- ers, philantrophists, physicians and institutional directors at the annunl conference of charity and correction workers in session in this city, labor bureaus were handed a rap here to- day by Prof. George E. Barnett of John Hopkins university. The speak- er declared that employment bureaus are all right as far as they go, but asserted that as a means of solving the unemployment problem perman- ently they are an utter failure. Shocking conditions relating to de- fectives in the state of New Hamp- shire, were revealed by Mrs. Lillian Carpenter Streeter, chairman of the New Hampshire Children’s commis- sion, who addressed the conference. Mrs. Streeter said New Hampshire has no institution for the care of deaf, dumb, blind, crippled or tuber- cular children. The legislature is re- sponsible for this appalling situation, said the speaker, for despite appeals of the State Board of Charities for an appropriation for the treatment of unfortunate children, nothing had been done. Mrs. Streeter added that though nothing could be spent for defective minors, large sums of money were spent every year for tu- bercular cattle, as well as for ar- mories, woodchuck bounties and sim- ilar schemes. ing to the fact that King Victor Em-| manuel has refused to accept Premier | Minnesota Ranks Ninth Among States Salandra’s resignation, this action is In Regard to Registration taken as indicative that the Italian ruler favors war. Minnesota ranks ninth among the states of the union in the total num- POLK COUNTY VOTING ber of motor car and truck registra- ON COUNTY OPTION TODAY |tions, according to statistics compil- ed by The Automobile’ from reports County optionists of the state are|of state registration officials and taking much interest in the election |other authentic sources. Besides being held in Polk county today.|climbing from 14th to 9th place, Min- Both “wets” and “drys” have put up |nesota is one of the 10 states that a tremendous fight, it being estima-|had gains of over 20,000 machines ted that $20,000 has been spent to|in 1914. The automobile journal’s stem the anti-saloon sentiment. The|gstatistics show more than 500,000 “drys” expect to win by a majority of | cars and trucks were added to the from 600 to 1,000. Many prominent|number in operation in the United speakers have taken part in the cam- States during the year 1914. An paign. idea of the steady increase in regis- e A trations in 1914 may be gained from Funeral is Held. the statistics of July 1 and Oct. 1. The funeral of John E. Hedeen,|{On July 1 the total was 1,648,350 who committed suicide Friday, was|cars and trucks, an increase of 294,- held this afternoon from Ibertson’s|475 since-the first of the year and undertaking parlors, Rev. J. H. Ran-|by Oct. 1 these figures had grown to dahl officiating. Interment - was|a total of 1,735,369 cars and trucks, made in Greenwood cemetery. a gain of 203,603 over the figures e reported at the beginning. of July. ‘William Heland left last night for ;Since 1911 the number of cars and Minneapolis, having been ca]led:tmcks in the United States has in- there by the serious illness of his creased from 677,000 to 1,754,570 at brother. |the beginning of 1915, a gain of 1,- 1 ' AL 077,670. Production has increased John Sather and Charles Taylor by leaps and bounds from year o of Brainerd are guests at the Hans year to keep pace with the phenom- Erickson home. enal demand fol' motor vehicles. ' ized the value of a local hatchery, interested the commission in the matter and personally had charge of the subscription soliciting. ENGLISH AVIATORS ATTACK ZEPPELINS London, May 17.—Dispatches re- ceived here say that eight English aviators from the Dunkirk station at- tacked and severely damaged the Ger- man Zeppelins which attacked several points in England, including Rams- gate, last night. The battle was spectacular taking place far above the clouds over the English channel. ' The aviators were subjected to a terrific fire from the Zeppelins but escaped without any damage or loss of life. A Zeppelin was first attacked by English aviators along the British coast and was driv- en out to sea near the West Hinder- light ships. When other Zeppelins started to appear messages were sent to the British aviation base at Dunkirk. Bi- planes darted to the attack and closed in on the German raiders firing at close range. the Zeppelin and - dropped through the gas tank. This was fol- lowed. by a cloud of smoke, indicating an explosion. Officials reported .that the Zeppelin was floating tail downward, appar- ently helpless, and it is believed lost. grand commandary of Minnesota Knights Templar which is to be held in Minneapolis tomorrow and Wed- nesday. It is expected that more than 5,000 persons, including wives and families of Knights Templar will visit Minneapolis during the celebra- tion. Thirty-one commandaries are expected to take part in the street parade in full uniform Tuesday night, which will be the chief feature of the conclave. The Knights will be arrayed in black and gold braid and white plumed hats and will carry swords while in parade. It is ex- pected that the following knights will attend: W. B. Stewart, R. H. Schumaker, George Kirk, Rev. H. F. Parshall, A. G. Wedge, Jr., Thomas 8. Ervin, George Baker, who will be accom- panied by his wife, D. H. Fisk, E..C. McGregor, Robert Mitchell, A. B. Palmer, and John King of Walker and Lester Bartlett of Cass Lake, Omar Gravelle and John Morrison_ of Red Lake. RAILROAD HEARING IN WASHINGTON Washington, May 17.—The Inter- state Commerce commission today Two others went above [opened a four days’ hearing for the bombs | railroads on proposed increased ra- tings on beer, empty beer barrels, non-alcoholic drinks, empty bottles, { tobacco, grain, grain products, rags and waste paper. June 1 to 7 the shippers’ answer will be heard and June 8 the railroads will rebut. Q11 Tinri- YN SIv Mo "Defective THE CUB SCOOP geporrer Food F0f Thought POLCE e"g%awr S THO0GHT-) T 2 TOERT ) il AT T SEAR LDING- fakE A ZZATETNE | E soocee. 3 i 0T SRoEr D ST - Cranee ) [ FORISLLCOR ,“?_1? i i {F NOU S0 MucH &5 av— 2 | - F0 ‘ BREATH OUT LOUD! / )2 i i ‘ = ‘. 7 {s | . ¢ ) ‘ BuNuSS / it = il e 1/ ENOVEH) | SELWT L u ~—] CoME_ TES T0 GERMANY IS RECEIVEDINFRIENDLY MANNER; ATLANTIC Y PRESII)ENT WILSON Distinot Line Will Be Drawn Between Gulftight and Lusitania Affairs— Will Not Precipitate Crisis. TO BE JUSTLY CONSIDERED Believed That Submarines Will De- cide Issue—Germany May Ask Americans Use U.'S. Ships Only. (United Press) Berlin, May 17.—It is stated with authority that Gerinany’s reply to the note of the United States will draw a distinct line between the Gul- flight and Lusitania affairs, and it is generally believed that the answer will not precipitate a erisis. It is considered here that the sub- marine warfare is an act of self-de- fense and that abandonment is not likely. It now appears that Germany |will ask that Americans use only | American ships. It is believed here that the attitude of the United States is friendly, but blinded by latitude allowed in self defense. Received in Friendly Spirit. Washington, May 17.—Germany received Wilson’s protest against submarine warfare in a friendly man- ner and the foreign minister treated Ambaseador Gerard with utmost courtesy. The American note will he granted every consideration. In this manner Gerard reported to Secretary Bryan today. Secretary Bryan is hopeful that an agreeable reply will be made. Many Pledge Support. Many letters from German-Ameri- cans have been received at the White House pledging their support to the stars and stripes. President Reviews Fleet. Wilsen, accompanied by Secretary of the Navy Daniels, his private secre- tary, Joseph Tumulty, and other Washington officials, left the pres: ident’s yacht Mayflower at 8:30 this morning ‘'to review a land parude. The Mayfiower. arrived at New. York yesterday. — This-is-the-first-event in- the big naval celebration” schieduled for the next two days. On the reviewing stand before the. Public library on Fifth avenue, the president was met by a large- num- ber of city officials. After re- viewing the officers and jackies of the Atlantic fleet the presidential party returned to the Mayflower. At 3:30 this afternoon the Mayflower made a tour of the fleet at anchor in the Hudson river. Dine on Battleship. Tonight at 7:30 o’clock the pres- ident will dine on board the battle- ship Wyoming, with Secretary Dan- iels and other cabinet members. Mr. Tumulty, Assistant Secretary Roose- velt, Admiral Fletcher, commanding the fleet; commanders of the four di- visions, seventeen captains of battle- ships, Rear Admiral Usher, com- mandant of the Brooklyn navy yard, and other naval officers. Water Carnival Tonight. At 8:30 o’clock the big water car- nival in connection with the fleet festivities, will be held in the North river. The Mayflower is anchored at 72nd street, and the water carnival, “fleet” made up of hundreds of boats and pleasure craft, will assemble at 125th street and pass down the river beside the fleet until it reaches the Mayflower, where it will turn back up the river, passing again beside the battleships. The searchlight dis- play during the carnival promises to be wonderful. Tomorrow the president will re- view the entire fleet as it passes out to sea. Then the Mayflower will re- turn to Washington. ‘While reviewing the fleet Pres- ident Wilson is_keeping in constant touch with the international situa- tion. A wireless station has been equipped at the Hotel Knickerbocker and another station is located on the Mayflower. There is a special wire service from the White House to the hotel. TITANIC LOSS CLAIMS AGGREGATE MILLIONS New York, May 17.—Suits against the Oceanic Steam Navigation com- pany, 1td.—White Star Line—arising out of the loss of the "Titanic . for ‘claims aggregating upwards of $18,- 000,000 came up before Judge Mayer in United States district court today upon application of the steamship company to have liability limited to amount of passage money actually paid to company. £ Edward G. Masterman of Moose- head, Maine, is visiting his uncle B. J. Masterman at the August Jarchow home. He is 73 years old and i just returning from the Panama ‘exposi- tion in California. This is thé first time he has seen his uncle. .. New York, May 17.—President _