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

VOLUME 13, NO. 196. FORTY CENTS PER MONTH. JURISDICTION OF COURT QUESTIONED United States District Attor"~ Claims Judge Stanton Has No Au¥ “vin Grand Rapids Injunction L%,‘,’ v %, e, IF UPHELD, SALOONS MUST CLO: %, Governor Hammond Says It Is Duty of Local Authorities to Enforce Provi- sions of Bemidji Closing Order. ‘Whether Judge C. W. Stanton, one of the jurists of this judicial district, would be acting within his jurisdic- tion if he granted the request of twelve Grand Rapids saloon owners, in which they ask that a temporary injunction be issued, restraining offi- cers of the Federal Indian department from interfering with the operation of their places of business, is a ques- tion which is being fought out in a legal combat at the court house to- day. During the latter part of July Henry A. Larson, chief special officer of the Indian department, served no- tice on the Grand Rapids liquor deal- ers fo close their saloons on or be- fore July 30. On the day named for the *“1id” to go into effect an order restraining the Federal officers from in any way interfering with twelve saloons of the Itasca county seat was served on Chief Larson and several of his assistants. The restraining or- der was made returnable today, the government being called upon to show cause why a temporary injune- tion should not be issued. Saloons Have Been Open. Taking advantage of the restrain- ing order the Grand Rapids saloons have continued to operate, only two closing on July 30. Alfred Jaques, of Duluth, United States district attorney, is represent- ing the government at the hearing being held today and Elmer E. Me- Donald of Bemidji and W. W. Barron of Grand Rapids are appearing for the liquor dealers. Indian Officers Brandt and Thomasen were in attendance at the hearing and a large number of persons interested in the outcome of the matter were also present. Has No Jurisdiction. Attorney Jaques in his argumert claimed that the state’s court has no jurisdiction to act in _a case of this nature, his contention being opposed by both McDonald and Barron. Should the position of Jaques be sustained it will probably mean that the Indian officers will slap the “lid” on Grand Rapids immediately, lack of time pre- venting the saloon men from obtain- ing a restraining order from the Fed- eral courts. Should Judge Stanton rule that an injunction be issued it will mean an appeal to the Federal courts, indicating another long legal battle before the new points involved keep it so. Build Up Your Town, * Build Up Your Home 0O000000000000000000000000 +)on’t forget that this is a community of home makers and home keepers and that one of YOUR MOST IMPORTANT DUTIES is to You can aid materially by doing your shopping and marketing with the advertisers in this paper. CHECK GERMAN OFFENSE Indications Are That Teutonic Power of Attack is Weakening—Shortage of Ammunition Hampers Troops. STUBBORN RESISTANCE BY SLAVS By J. W. T. MASON. New York, Aug. 17.—The German offensive against the Russians is be- ing effectively checked at both flanks and indications are abundant that the Teutonic power of attack is weak- ening. In particular, Marshal von Hinden- burg, who commands the northern army in the present drive, is failing to do the work assigned to him. The Russians have rallied in excepticnal strength against Von Hindenburg, not only because he ttreatens Riga and the entire Baltic, but.also because he would be in a position to isolate Petrograd if his plans are allowed tc mature. Germans Hampered. Shortage of ammunition is unques- tionably hampering the Germans. No- voe Goergievsk and Kovno continue to hold out against the Teutonic as- saults, although neither fortress has the resisting power which they should have to successfully resist the Ger- man onslaughts. The principal reasons for the more successful de- fense of the Russian fortresses ig un- doubtedly the Teutonic difficulty cof obtaifing sufficient shells. AE The Germans are unquestionably storing a large part of their new am- munition to resist a possible Anglo- French offensive in the west. The Galician drive and the capture of Warsaw used up most of the winter and spring accumulation of supplies, and not even German manufacturers can produce shells as quickly as they can be shot away. Waiting for Shells. in the enforcement of the 1855 treaty are acted upon. If he denies the application for an injunction the case will be appealed. The case was re- sumed at 4 o’clock this afternoon. Enforce Lid, Says Hammond. That Bemidji and Beltrami county officials should prosecute violators of the treaty closing order is the dec- laration of Governor W. S. Hammond made in a letter received by J. J. Opsahl, of this city. Mr. Opsahl, who has favored the enforcement of the treaty provisions, wrote the governor asking that the city and county attorneys be directed to prosecute illegal sellers of liquor. The Governor’s Letter. Governor Hammond does not ac- cede to the request for definite in- structions to the officials, but agrees that it is their duty to act. In his letter to Mr. Opsahl, he says: “Upon receipt of your letter of August 6, I went over the situation with General Smith. I think the at- torney general is disposed to perform his full duty in the premises., “Since the supreme court decision early last summer, the federal au- thorities have enforced the treaty pro- visions in certain territory in Min- nesota. The city of Bemidji is in that territory and the traffic of liquor in that city is prohibited. No M- cense for the sale of liquor will be issued by the municipal authorities, comparative inactivity to permit the war factories to catch up with the field artillerists. One of these per- iods is now taking place among the Germans in Russia. They are wait- ing for more shells and, at the same time, they must subordinate their de- mands to the necessity for increasing the reserve supplies along the west- ern battlefront. The Russians must be given high praise for the stubborn fighting quali- ties they are showing. There is no evidence of demoralization in their ranks; and if the eastern conflict is to be fought to a finish it is becom- ing apparent that the Teutons will be near to exhaustion themselves at the end. The Slav genius for defense rather than offensive warfare has never been bettér exemplified than in the present campaign. will assist in such prosecutions in any way at his command. Assistance Sent. “At my request he has today agreed to send one of his assistants to help a county attorney prosecute a liquor case, the county attorney having written me that such assist- ance is necessary. “General Smith thoroughly agrees with me that violators of the liquor| laws of Bemidji should be prosecuted and will co-operate with the county attorney to that end.” and if it were, I think it would be no protection whatsoever to one engaging in such traffie. Jurisdiction Defined: “A lawbreaker may be prosecuted either by the United States govern- ment or by the state of Minnesota. If prosecuted by the federal government, the charge would be dealing in liquor in contravention to the treaty previ- sions, and the federal authorities have jurisdiction over such prosecutions. 1If prosecuted under the state law, the charge would be selling intoxicating liquor without a license, and the state of Minnesota has jurisdiction ove: such cases. “The attorney general has no force of detectives to hunt up evidence nor a sufficient force of prosecutors to try all the cases of violation of the liquor laws there are in the state, but he will certainly direct all county at- torneys to prosecute such cases and The way of the transgressor is hard but rarely is it lonesome. There must be long intervals of|, INDIANS TO SIGN PLEDGE Commissioner Cato Sells Issues Blanks —Promise Not to Drink Liquor and to Discourage Its Use. ‘IT IS GREATEST MENACE TODAY’ Red Lake reservation Indians, as have those of other agencies in Min- nesota, have received blank pledges asking the Indians to forego the use of King Alcohol. The pledge, issued from the office of Cato Sells, commissioner of Indian Affairs, a man who is a strict prohi- bitionist and under whose direction the enforcement of the 1855 treaty is being carried out, reads: “I hereby promise that I will not use intoxicating liquors as a beverage and that I will do everything that I can to free and protect my people from this great evil.” The pledge is being presented to all Indians, men, women and school chilren, for signature. Commissioner Sells, in a recent ad- dress, said: “I believe that the greatest present menace to the American Indian is whisky; it does more to destroy his constitution and invite the ravages of disease than anything else; it does more to demoralize him as a man and frequently as a woman; it does more to make him an easy prey to the unscrupulous than everything elge combined. , If I say nothing more to you tonight that leaves an im- pression, let it be this one thought: Let us save the American Indian from the curse of whisky.” TWO DITCHES ACCEPTED County Commissioners Approve of Ju- dicial Drains 14 and 20—Were Erected at Cost of $100,000. PROVIDE 70 MILES OF GOOD ROAD Two judicial ditches, No. 14 and No. 20, erected in Beltrami county at a cost of approximately $100,400, have been approved and accepted by the board of county commissioners which is now in session. These two ditches provide the county with 70 additional miles of excellent roads. Ditch No. 20, which is 22 mijes long and was built by George E. Brown, a Litchfield contractor, at a cost of $20,387.66, runs north from Ditech No. 14 to Ditch No. 13, just south of Baudette and Spooner. Tais ditch forms the connecting link in the road which is to make travel be- tween Bemidji and Baudette by team and automobile possible. All bnt six miles of this road is now ready for travel. It is 90 miles from Be- midji to Baudette via the new route. It cost $79,987.20 to build Ditch No. 14, located at.the north end of Red Lake. This ditch is 48 niiles long and was constructed by the Kohler Contracting company of ‘Frazee. Work on this ditch, directed by Judge B. F. Wright of Park Rap- ids, was begun in the spring of 1913. It is giving general satisfaction in the community through which it pro- vides drainage, said Oscar L. Dent, ditch referee, this afternoon. These ditches are two of the most important in the county. STATE’S SOIL 70 $240,000,000 to Be, ‘Raised, 1916 Grain ‘and Cereal Crop Value Ex- ceeding 1914 by $60,000,000. WOULD ABOUT PAY FOR CANAL Estimate Does Not Include Livestock and Dm.rymg—Yxeldl Are Esti- mated by Government. Minnesota farmers, with eight prin- cipal crops, have added $240,163,000 to the nation’s wealth this year. This result, reduced from govern- ment estimates of the 1915 Minnesota vield and from current prices, is nearly $60,000,000, or 32 -per cent, in excess of the returns for 1914. In the total, only wheat, corn, oats, rye, barley, flaxseed,; potatoes and hay are included. No reckoning is made of livestock production or of the rich returns from the dairying in- dustry. 4 What $240,000,000 Would Do, Here are some of the things $240,- 000,000 would do: Pay four-fifths of the .cost of building the Panama canal. Meet the expense’of the Euro- pean war for five days. Liquidate the public debt of Minneapolis, St. Paul, Duluth, Chicago, Philadelphia and Bos- ton. 5 Satisfy the salaries of the pub- lic school teachers of the nation for a year. Reproduce five Panama-Pacific expositions. ks The new crops, the early movement of which already is on, will not turn into money on an old-¢rop basis. Old crop spring wheat in the Minneapolis cash market is selling at $1.42 to $1.50 a bushel. The ¢rop now being harvested will probably be marketed on a September price basis in the main. Corn May Exceed Estimate. The corn crop is n{ore indefinite. The government figures of August 1, giving the Minnesota {production as 60,000,000 bushels, compared with an actual production of 91,000,000 bush- els in 1914, sounded Qhe full depth of the adversity that lxas been mani- fest in the cornfields {hrong\mut an nYSadily wet-Season: iu ‘Weather such as has ruled -for the past several days throughout Minne- sota, if it continues, might reason-: ably warrant the raising of the 60,- 000,000 bushels estimate of August 1 by 5,000,000 or even 10,000,000 later. The figures $240,163,000, for the eight crops, do not mark the ful! measurement of the state’s agricul- tural production this year. Neither cattle nor hog production nor the heavy returns from the dairying in- dustry appear. But the eight crops enumerated are the big money-pro- ducing and prosperity-making fac- tors. MINNESOTA SHOULD HAVE 3,000,000 ACRES OF CORN IN 1916 “Minnesota has by no means reach- ed the maximum acreage of corn that should be grown in the state,” says A. D. Wilson, University Farm, St. Paul. “At least one-fourth of the tillable land in the state should be planted to corn each year. Unfavor- able conditions in 1915 should not discourage Minnesota farmers when they know that for the past twenty years successful corn crops have been matured each year, and that the av- erage corn crop produces twice as much feed per acre as the average oat crop. Minnesota farmers should plant at least 3,000,000 acres of corn in 1916, or an increase of about 12 per cent over the acreage this year.” Mrs. Sullivan Dead. Mrs, James F. Sullivan, wife of the Blackduck jeweler, - died yesterday morning at 7 o’clock, after a “short illness of bright’s disease. Mrs. Sul- livan was well known in Bemidji, be- ing president of the Beltrami County Sunday School association, and had many friends here. She was a niece of Rev. Barrackman of Duluth, formerly pastor of the Blackduck Presbyterian church. The funeral will be held at Blackduck tomorrow. GIVE BUMPERCROPS ' onnnmwz REGULATING BAIE OF MILK PASSES CITY GOUNCE In the future Bemidjl is to hav? an ordinance which will govern the sale of milk, cream .and dairy prod\lce. The ordinance which fltriclly regu- latés the sale of milk and cream was read for -the third and last tims at Monday evening’s session of the coun- ¢il and was favorably acted upon, As soon as it has been published it will be placed in operation. The ordin- ance provides that all cows providicg milk for Bemidji trade shall be tested regularly; that all dealers shall be licensed; that milk shall be of a proper test and that all produce shall be properly marked. The ordinance ‘was modeled after the ones which are now in operation at Duluth and Min- neapolis. The need of a milk ordin- ance in Bemidji has been felt for some time and every effort willi be made to enforce it. - READY FOR 10-DAY CRUISE Bemidji Militiamen Plan to Take Ad- vantage of “Gopher” Trip Next Week—About 35 to Go. MINNESOTA BOYS WIN HONORS With the arrival of a dispatch sta- ting that the crew of the U. S. S. Gopher, the training ship of the Min- nesota Naval militia, had won the honors in signalling when the ma- neuvers of the Great Lakes militia was held just outside the har- bor at Erie, Pa., members of the Be- midji division doubled their interest in the cruise which is to be taken naval fnext week. Ensign William McDonald said this morning that about ‘35 Bemidji mili- tiamen will take advantage of the op- portunity to make the ten-day cruise on the Gopher next week. Members of several other divisions will also go on the trip. The cruise was the chief topic of conversation at the drill of last eve- ning.” It is likely that the ecruise will start about August 25. The work of the Bemidji militiamen will be watched with much interest by officers of the staff for they have becn informed that the local division com- prises a class of young men which is soon to lead the state in efficiency. At Erie officers and men of the Gopher were warmly praised by the government omcers who are oversee- ing "the maneuvers. Sham battles, target practice, boatl and gun drills and races of all kinds have been held off Erie. SLAYTON CONDEMNS FRANK'S LYNCHING (United Press) San Francisco, Aug. 17.—Ex-gov- ernor Slayton of Georgia, who com- muted Leo M. Frank’s death sentence to life imprisonment, and who with his family ig visiting the exposition, in an interview this afternoon was unable to find sufficiently strong words to condemn the lynching of Frank. AKELEY PIONEERS ARE BEMIDJI BUSINESS VISITORS Charles Scheers, editor of the Ake- ley Herald-Tribune and one of the best known newspapermen in the state and last year president of the Northern Minnesota Editorial asso- ciation, and Carl Wrinkleman, a mer- chant of Akeley, are Bemidji business visitors today. Mr. Wrinkleman erected the first building at Akeley, this being in 1897 and was the towu’s first resident. He was followed but a short time later by Mr. Scheers. New Officers Are Named. At a regular meeting of the R. A. M. chapter held in the Masonic hall| last evening officers for the ensuing year were named, the result of the ballot being as follows: -Dr. E. W. Johnson, H. P.; A. M. Bagley, K.; A. P. Ritchie, S.; E. L. Benner, C. of H.; W. B, Stewart, P. 8; A. D. Wedge, treasurer, and George Kirk, secretary. Heated arguments .nearly always are followed by a chill. =./LEO FRANK IS LYNCHED BY ARMED MOB WHICH CARRIED.HIM FROM PRISON FARM JUSTICE DEMANDS REFUND City Attorney in Written Opinion ‘Tells Council That Unused License _ Money Should Be Returned. SHOULD BE INCLUDED IN BUDGET ‘While ‘there is no law requiring the council to return any part of the money, there is no law against re- turning it, and equity and justice de- mands. its return,” were words in- cluded in a. written opinion - pre- sented to the city.council Monday evening by P. J. Russell, city attor- ney, Mr. Russell had been instructed to provide a written opinion in the matter of returning unearned por- tions of liquor. license money to sa- loon men forced to close their places By the.Indian treaty enforcement. Applications for the - refund of nearly $5,000 have been received by the council but no action has been taken, the aldermen desiring to be certain that no mistake be made. Alderman Lahr, who a week ago re- called that as the saloon men secured licenses with the understanding that they were not to obtain .refunds should the treaty be enforced, sug- gested that the refunds be laid on the table for the present, the next budget to provide a tax levy for their payment. This idea seemed to meet with the approval of the council. The suggestion will be acted upon at the next meeting. Cites States Law. In his written opinion Mr. Rus- sell-carefully recited the law relative to the return of license money in in- stances where death had come to the licensee; where the sale of liquor Lad become unlawful and where granted by a.county board and the subsequent inclusion of the place for which it was granted within a municapility. In these instances the money can be returned if the council sees fit to do so. The Bemidji former saloon own- ers do not come within any of these provisions, says Mr. Russell, the li- censes having been -llegally graated originally. “The question thérefore,” says Mr. Russell, “for:-you gentlemen to de- termine is: ‘would it be- just ‘nnu equitablé for ‘you to Teturn ‘this. Tox- cess? The writer has always main- tained that as a matter of right and justice thece men are entitled tc re- ceive back the money paid by them for a privilege, which the council was unable to extend. “It is a maxim of law that no per- son can take advantage of his own wrong—it was as illegal for the ccun- cil to issue a license to them as it was for them to receive it—and no action can lie against the council for equit- ably adjudicating this matter hy rc- turning the unearned money.” Two per - cent of all license money goes to the State Inebriate Asylura fund, and this cannot be considered in making the refund according to Mr. Russell, but all of the remainder should be included unless it cau be shown that ten per cent was actually expended for improving roads leading into, but outside of the city limits. FOUND GUILTY OF ASSAULT Turtle River Man Pays Five Dollar Fine—Second Offense. For the second time during the past three months Frank Roher of Turtle River was arraigned in municipal court last evening on a charge of sim:- ple assault. He was accused of as- aulting August Radi and upon being found guilty was fined $5.00, which he paid. On May 19, this year, Roher was found guilty of having as- saulted his wife. BIRTHDAYS IN AUSTRIA Vienna, Aug. 17.—There was little celebration today of the 28th birth- day of Archduke Charles Francis Joseph, heir to the dual throne, and few preparations are being made for celebrating tomorrow, the 85th birth- day anniversary of Emperor Francis Joseph. The archduke received con- gratulatory messages. from the kaiser and others in Germany. SCOOP Bl YCNOWS THE CUB REPORTER ' The Boss Cleans Up Inside And Out ' BOARD-YOU MIGHT || SHAVE -AN' MAKE. \YOURSELF BEAUTIFIED) \T N A CAN THAT LooKS LIKETMH; | prison. farm headed direct for - ‘| Corrugated Culvert company, agree-' . terday where she will be the gussg of “|her aunt, Mrs. H." D-ntelsan, for A eo\xpls of weeks. Is Hanged Short Distance From Home of Utfle Girl He Was Accused of - - Murdering--Bullet Holes in Body - GUARDS OFFER NO rnoucfion Viotim is Rushed Hundred Miles in Automobile—Mother T :anks God He is Dead. (Unitea Press) Marietta, Ga., Aug. 17.—Leo M. Frank, convicted of the murder of Mary Phagan, a little factory girl of this city, was lynched shortly before dawn today within two miles from the home of the child he is claimed to have killed. ‘This was the second time attempts have been made to take Farnk’s life since he was placed in the state prison farm at Milledg- ville following his commutation’ of sentence by Governor Slayton, Wil- liam Green, a fellow convict, slash- ing his throat with a butcher knife just a month ago tomorrow. His condition was critical for several days. Dead Several Hours. The lynching occurred more than a hundred miles from the prigon - farm, Frank having been 'kidnapped = from his prison cell last evening. It was learned that not a single armed guard at the prison farm rais- ed a hand to save Frank. Frank's body was found dangling from-a tree. Officials have been unable to locate Supt. Burke of the prison farm. There is no doubt but that the mob formed in Marietta as several auto- mobiles loaded with men left here last night. The body was found at Marietta with several bullet holes and ~ had been dead several hours, indicating that he had been lynched before dawn. The body was found a few miles from the Little river and Mur- der river. James Jackson, a farmer, reported that this morning, just before day- light, he heard men rush past his house. Later a hundred shots were heard. Empty cartridge shells were picked up ‘this morning near the Jackson home. It is evident that the men who captured Frank from the home’ of-1ittte: Mary Phagan:™ Posses Scoured Country. The mob which took Frank from the farm numbered between 50 and 75, and arrived and departed in eight large automobiles. The men were orderly and worked with precision, two of them holding the warden at the point of a brace of guns and two others the superintendent, while others hurried to the stockade where Frank was housed and rushed him out. Until this morning not a trace of the mob or of Frank had been found, although the searchers felt certain that a lynching had taken. plac e,the feeling against Frank being intense in certain circles. Large posses scoured the surrounding coun- try for miles in search of Frank. The largest posse in the history of a man- hunt in that part of the south worked. When the body was taken down several jumped on the face. Mother Glad of Death. New York, Aug. 17.—*“Thank God, he’s dead and through with his trou- bles,” said Frank’s mother this morn- ing when she heard of the death of her son. ‘“He would have had a lite of trouble and they might have killed him in a worse way.” M'TAGGART TO GRAVEL ROAD Drayman Given Fourth Street Con- tract by Council—Buy Grader. Joseph "'McTaggart was awarded the contract for placing gravel on the Fourth street corduroy road by the council at its Monday meeting. were presented to thecoun- cil, McTaggart, who is a Bemidji drayman, A. H. Wright and .B. Thursdale applying for the work. Tae successful bid called for dirt at 33 cents per cubic yard, about 1,300 yards to be placed on the road, and was one cent a yard lower than that of Wright. McTaggart will begin work immediately and will endeavor to have the road completed by the middle of September. This is the road which has caused considerable grouble this year because of the ]Imlyy ‘rains which completely flooded it in severnl places. The bid of the Lyle ing to sell the cny an _eight-font - Austin Western grader, weighing 2,- 650 pounds, at a cost of $245, was ac- - cepted and it will be shipped here immediately. This grader will ba kept in constant use and it will ‘be the effort of the street commissioner to improve faulty streets' within the city limits as rapidly n‘pmuflnle. ‘Miss Elizabeth’ Erickson of Bel- trami avenue went to Crnokston yau-