Bemidji Daily Pioneer Newspaper, August 18, 1915, Page 1

; = VOLUME 13, NO. 197. BEMIDJ], MINNESOTA, WEDKESDAY EVENING, AUGUST 18, 1916, APPLICATION FOR IN ENFORCEMENT OF TREATY IS DENIED Judge Stanton Rules That State Court Has Proper Ju~ &‘tion But 1855 Document is "’fo,/ e Law.” “a,&' HELD S0 UNDER CON. %,"ON Restraining Order is Annulled . Grand Rapids Liquor Men Will Be Required to Close Saloons at Once UPHOLDS HIGH COURT DECISION Says Treaty, However Inconsistent or Unreasonable It May Appear, Must Stand—Remedy is Legislative. Holding that the objection to his Jjurisdiction cannot be sustained, but disposing of the main question by denying the application for an in- junction, Judge C. W. Stanton this morning filed his decision in the case of twelve Grand Rapids saloon men in which they sought to prevent the officers of the Federal Indian depart- ment from enforcing the provisions of the 1855 Indian treaty. There being general belief that a decision in favor of the liquor men might play a prominent part in the opening of the entire “dry” zonme, much interest was attached to ‘the hearing. Arguments in the cases, in which the saloon men sought to re- strain Chief Special Officer Henry A. Larson and several of his assistants from molesting the saloons in Grand Rapids were concluded late Tuesday afternoon. Both Elmer E. McDonald, of this city, and W. W. Barron, of Grand Rapids, argued at length in support of their contention that the injunc- tion should be granted, and Alfred Jaques, United States district attor- ney, strenuously maintained, first, that the court had no jurisdiction, and second, that no injunction should be granted. Saloons Must Close. This chapter in the “Indian lid” proceedings being closed it is prch- JUNCTION AGAINST CONTEST SPORTS FORBOYS Beltrami Lads Find Spud Growing Fascinating With Premiums in Sight—Make Practical Farmers, <+ NY OPPORTUNITIES OFFERED 5 Not all youngsters who expect some day to be farmers can attend agri- cultural colleges. Neither can all of them reap the precious benefit of contact and instruction, which is the lot of children born and brought up on farms. But the child of today has far greater advantages than his father or his grandfather. The federal gov- ernment and the state have stepped in to help him further inclinations he may have for agriculture, “There are countless opportunities for the boy to learn,” said W. B. Stewart, county superintendent of schools, this morning. “In Minpe- sota the school and agricultural offi- cials have co-operated and are pro- moting youthful industry by an ap- peal to the ever present spirit of ri- valry.” Mr. Stewart recalled how the offi- cials realized that some interest must be aroused among the boys and girls if they were to become enthusiastic in raising potatoes, and they set about to surmount the difficulty of exciting that interest. “They started a potato contest,” said Mr. Stewart. “It was a simple scheme. They merely enrolled as many boys as they could, and girls too for that matter. This took place in the spring there are now a large number of contestants in Beltram! county. Fathers Take to Plan. “Then each entrant was apportion-’ ed an eighth of an acre of his father’s land. The fathers fell in eagerly. And the boy or girl was instructed to plant Carman potatoes’ in that patch and weed them and water them and watch them and kill bugs and do able that the saloons of Grand Rapids will cease existence forthwith and that whatever liquor remains in that village will be shipped immediately outside of the Indian treaty zone. Federal officers in Bemidji today would make no comment as to what action they would take in the matter. Attorney McDonald, representing the saloon men, said he did not know whether the case would be carried further. Annuls Restraining Order. In his order denying the injunc- tion Judge Stanton inserted a clause which annuls and discharges the re- straining order heretofore in force. In his memorandum Judge Stanton says: In this action the plaintiff seeks to enjoin the enforcement in the Village of Grand Rapids, Itasca county, Min- nesota, of the provisions of Article VII of the treaty of 1855 with the Minnesota Chippewa Indians, which prohibits the manufacture and intrc- duction of liquor into the territory ceded by that treaty. The present application is for a temporary injunc- tion restraining the officers of the In- dian department from interfering with the plaintiff in the conduect of his saloon at Grand Rapids during the pendency of this action. Court Has Jurisdiction. The first question arises upon the objection of defendants to the juris- diction of this court, the contention being that the control of a federal officer is a matter for the federal courts only. This position is, it seems to me, untenable. There can be no question, in the light of a long line of decisions, both federal and state, but that an injunction will issue from a state court to prevent a United States officer from unlawfully assum- ing powers over property in such manner as to infringe upon or vio- late the rights of a citizen. In such dase the federal and state courts have undoubted concurrent jurisdiction. Cannot Be Restrained. * So, the real question now presented is whether, under the law, and the facts presented at this hearing, this court, in the exercise of sound discre- tion, should grant a temporary in- Jjunction. It is an elementary rule of law that an officer who does only what the law commands cannot be restrained by injunction. It is a part of our funda- mental law as expressed in the Con- stitution of the United States, that “this conmstitution and the laws of the United States which shall be pass- ed in pursuance thereof, and ' all treaties made; or which shall be made, under the authority of the United States, shall be the supreme law of the land, and the judges in every state shall be bound thereby.” “Supreme Law of Land.” - Now, the Indian treaty of 1855, the other things that farmers do to potatoes. In short, the contestant was to make it his business to grow as good a crop as he possibly could: This fall there will be prizes.” Only Carman potatoes may be grown. This serves to standardize the crops and the Carman is consid- ered the most hardy and best potato, the country over. Eaaaa—— land,” and the supreme court of the United States has held, as late as June 8, 1914, in the Johnson v. Ger- alds case, that that treaty has not been superseded by any subsequert act, or “by reason of any change in the character of the property affected by the treaty and the status of the Indians therein.” And that decision further holds that the prohibition of the treaty, “is still in force through- out that entire territory, including the City of Bemidji, in which there are but few Indians and in the vie- inity of which there is a large area of territory unrestricted by the pro- hibitions of Article VIL” Officers’ Duties Plain. From all that was shown at this hearing it does not appear that the defendants have committed any overt act or threatened to do anything not authorized by the laws of the United States. Until they do so they can- not be restrained by injunction. The provisions of the treaty are, plain. The duty of the federal officers in the enforcement of ‘that treaty is plain. If either is wrong in fact, the remedy, as said in the- Johnson v. Geralds case, is legislative rather than ju- dicial. E. A. Curry, machine operator at the Grand theater, and wife motcred to Grand Forks, N. D., today in their motoreycle, where they will attend a convention of the moving picture operators’ association, returning te Bemidji Friday. Mrs. Henry Revoir of Fourteenth ing the ninth anniversary of her son, Charles. Covers were laid for fifteen guests. ¥ {SCOOP THE CUB REPORTER HURRY UP B0sS AN' DOLLUP IN THAT TOWN OF NORTHERN - : VOTES TO- CONSOLIDATE By a majority of 20 votes the resi- dents of the Town of Northern have Voted to establish a consolidated school. W. B. Stewart, superintend- ent of schools, said this morning that 52 votes were cast, 32 being in favor of consolidation. This is the third time that elections on the proposi- tion have been held in Northern, one being held in 1913 and another in 1914. Consolidation was approved by a majority of one vote last year, but it was believed best to obtain a larger endorsement. There are now but three schools in Northern. Supt. Stewart has received a petition from Summit, School District No. 68, ask- ing that a special election be held there for the purpose of voting -on consolidation. There are now 11 consolidated school districts in Bel- trami county. SUCCESSFUL FAIR ASSURED Red Lake Indians Taking Much In- terest in Exhibition to Be Held There September 22, 23 and 24. PREPARE STATE FAIR EXHIBIT Indians of the Red Lake Indian res- the agency fair which is to be held Sep- tember 22, 23 and 24, and they have determined to make the exhibition the largest and best ever held, says John Morrison, chief of the Minne- sota Chippewas, who was in Bemidji Tuesday. W. F. Dickens, superintendent of the agency, who originated the plan of Indian fairé, is pleased with the ervation are enthusiastic over preparations which are being made and feels assured that the exhibition will be most successful. The premium list is now ready for distribution ar-l it provides complete information con- cerning the fair. The last day for efitries is Septem- 23. Premiums will be offered tor livestock, poultry, corn, oats, wheat, barley, grains in straw, grasses, gar- den vegetables, stock vegetables, dairy produce, cooking, bead work, domestic manufacture, household goods, embroidery, lace, rugs, school exhibits and there will be Boys’ Corn club special prizes. . Supt. Dickens is also working on the Indian exhibit to be placed at the state fair. He will be in charge of the exhibit and plans to make it as complete as possible. This will be the first time that an Indian exhibit has ever been shown at the state faix. It will be purely educational. WILKENSON POSTMASTER IS RELEASED ON $1,000 BONDS Paul Hanson, postmaster at Wilk- enson, Cass county, who was recently indicted by a Federal grand jury on a charge of filing a wrongful finan- cial statement, the purpose being to obtain credit to which he was not en- titled, was brought to Bemidji last evening by Frank Tufts, deputy Unit- ed States marshal, a bench warrant for his arrest having been sworn out. | He was arraigned before Judge Hiram A. Simons, United States commission- er, and was released on bonds eof $1,000. His case will be acted upon at the next term of Federal court at Duluth. STATE PAYS $70,000 IN WOLF BOUNTIES In spite of the fact that $70,000 has been paid out in wolf bounties by the state of Minnesota for the two years ending July 31, 1915, there are unpaid claims on hand amounting to '$10,132, and state officials ore wondering what is to be done with bounty claims in the future. The leg- islature appropriated only $10,000 a year for the next two years, and the attorney general has ruled that tkis appropriation cahnot be used to pay back claims. In 1913 there was an appropriation of $25,000 a year, but the 1915 legislature made a defic- iency appropriation of $20,000 which also proved insufficient. An effort street entertained at a birthday party | was made last winter to cut down yesterday afternoon, the occasion be-|the wolf bounty. Many a man who walks very swift- 1y hasn’t much of destination, SAWLOR SCENERY - WIFE \s READY TO SEE U — however inconsistent and unreason- able its provisions may appear as ap- plied to the present conditions, is still one of the “supreme laws of the NEW PRISON Congress Will Be Axked to Allow Ap- propriation for-Another Institution to House !’ede;ll Prisoners, —_— PLACE FOR WOMEN IS DESIRED Washington, Aug. 18.—Housing federal prisoners has become so se- rious a problem that it is possible congress will soon be asked for an appropriation for: another pgltéfi- tiary for want of room in federal Places the government has been dis- i tributing made and female prisoners among state prisons, and there are good reasoms, it is thought, why these, especially the women, should be directly under' Uncle Sam’s con- trol. Inadequacy of present prison facili- ties is causing Attorney General Gregory no little concern. After a recent inspection of the penitentiary at Fort Leavenworth, he announced that he intended to ask congress to make further ‘provisions for pris- oners. Theré are but three federal peni- tentiaries—Atlanta, “Ga., Fort Leav- enworth, Kan., and McNeil Island, Wash. A new one probably would be located spmewhere in the East. That would strike a good medium, it is thought, between Atlanta and Fort Leavenworth. “One of the reasons why the fed- eral government should cease sending its prisoners to state institutions,” said the attorney general, ‘‘is that the parole laws. cannot be properly administered unless prisoners are kept directly under the eyes of gov- ernment agents. Then, besides, this thing of scattering woman prisoners all around is bad, generally.” Uncle Sam has only about 40 out of about 500 women in his own pris- ons. There are approximately 600 males that the attorney - general thinks should be taken out of state penitentiaries. Labor at federal prisons is a dis- tinct problem with the department of justice. If the attorney general can have his way all federal prisoners will soon be turning out general sup- plies for the government, including equipment for the army and. navy, such as uniforms, shoes and . caps. Congress will be asked to authorize this. The scheme has worked well in Japan. This is pointed out as an- other reason back of the plan for the concentration of all #&deral prisoners in federal places. There are approximately 3,500 fed- eral prisoners in all and their com- bined labor on supplies*would save Uncle Sam large sums of money. BERLIN TO VOTE ON WAR CREDITTOMORROW (United Press) Berlin, Aug. 18.—Despite the ac- tivities of Dr. Karl Liebknecht, & radical serialist, a majority of the socialists are prepared to vote on a war credit of $2,200,000,000 when the reichstag convenes tomorrow. A few socialists may leave the hall as an act of silent protest, but the ma- jority of the members of the party have announced their_determination to support the government. As a spectacle the session of to- morrow promises to equal the that of a year ago when the first war credits were passed among unparal- leled scenes. The vote tomorrow, it is believed, will reveal splits between the national Liberal and Socialist parties. Social labor leaders, for in- stanceé, will insist that action be taken against food speculators. FOUR LICENSES TO WED GRANTED BY CLERK RHODA Since Tuesday morning four mar- riage licenses have been issued at the office of Fred Rhoda, clerk of court. The licenses were granted to the following: Albert Berg of St. Hilaire and Dena Johnson of Ny- more;. George Douglas.and Jean An- derson Nesbit Ferguson, this license being sent to Baudette in response to a telegram from that village; Fred Swofford and Blanche Otto, both of Nymore, and J. C. Moon of Black- duck to Marie Zimmerman. Mr. Moon is a brother of Charles Moon, Bel- trami county register of deeds. Oh Well -- Hard Work Is Good F OW NEEDED BALKAN SITUATION SATISFIES BERLI Curious Note of Confidence Concern- ing Relationship is Manifesting It- self Among German People. VIEW OUTLOOK WITH OPTIMISM Bulgars Smarting Under Territorial Losses of Former War and May Not Agree With Czar Ferdinand. By J. ‘W. T. MASON. New York, Aug. 18.—A curious note of confidence concerning = the Balkan situation is manifesting ii- self in Germany. ‘The Germans seem to pessess certain information about the diplomatic negotiations in South- eastern Europe not generally known, and obviously Berlin . is obtaining much comfort from the details in its possession. by The attitude of Bulgaria is un- questionably the principal. cause of German satisfaction with the situa- tion. Despite the frank statement of Bulgaria’s terms recently made by the Bulgar prime minister to = the United Press, Germany is almost joc- ularly optimistic concerning the out- look. The only reasonable interpre- tation of Berlin’s confidence is that assurances are in possession of the German government concerning tlie loyalty of the Germanic birth ond training of Czar Ferdinand of Pul- garia. Ferdinand is as thoroughly German as the kaiser himself. IHe is a prince of the Saxe-Coburg-Gotha house and he did not become ruler of Bulgaria until he was 26 years old. All his early training was under Teu- tonic auspices and his point of view is ineradicably Germanic. Loyalty is Shown. It seems certain that Ferdinand's loyalty to his ancestral race is prov- ing of immense benefit at this critical time to Teutonic interests. But, it is unquestionable whether Germany’s supreme assurance that the sitnation iwll continue favorable to her is jus- tified. Even though Ferdinand may be willing to go to any length to keep his adopted country benevolently neutral toward his real fatherland, the Bulgars themselves have no di- vided loyalty. It would be difficult for any Bulgarian governmen ovér-ride Ferdinand, but the fé be accomplished, despite the title of czar which Ferdinand recently pre- fixed to his name. Bulgaria Smarting. The Bulgars are smarting under the territorial loss they suffered in the second Balkan war and they care more for the recovery of that terri- tory than they do for Ferdinand. If the opportunity comes to trade the use of the Bulgar armies for the re- covery of an important part of the lost provinces, it is not probable thai Ferdinand will succeed in holding back his country. The Germans, in fact, probably are counting too much on their Bulgarian propaganda, just as they have counted too much on their propaganda elsewhere in the world. LIKES BELTRAMI LAND Kandiyohi Farmer Buys Farm Near Hines—Pleased With Prospects. Delighted with the quality of his farm which he purchased near Hines last January, and enthusiastic over the future of Beltrami county as an agricultural and dairying district, John Nordeen, a prosperous farmer of Kandiyohi county spent today in Bemidji. Mr. Nordeen visited Be- midji twice during the past winter and while here closed a transaction with J. P. Lahr whereby he became the owner of the Hines tract. His sons, Ernest and George, will comc to Bemidji this fall and will start the work of improving the land immedi- ately. - They will devote their atten- tion chiefly to the raising of cattle and sheep. Mr. Nordeen has unlm- ited faith in the future prosperity of Northern Minnesota. ‘Mrs. Dwight D. Miller and her lit- 'tle daughter, Gene, have gone to Chi- cago where they will spend the nexi ,month as the guests of Mrs. Miller’s mother, Mrs. Katherine Jansen. or A Man OH CAP AN — HERES “THAT DECK HAND T PROMISED YO B - CONCERT FRIDAY NIGHT Director Burchard Announces Pro- gram for Band Entertainment.’ Louis Burchard, director of the Bemidji band, today announced the following program for the concert to be given at the Third street stand Friday night: 1.- March—“Knights of Colum- bus” .................Busen 2. Intermezzo—‘‘The Linnet” “feds oxe om vxeeze oze a0 o o o Althouse 3. Grand Selection--From “Faust” teesssieceei....... Gounod 4. Concert Waltzes'—, ‘Moonlight on the Hudson” . -Herman 6. Gavotte—*“Forest Whispers” “eeetesveaecaaaaa... . Losey 6. Overture—*The New Era” eeseseisisiaaaaa..... Heed 7 TRagtime—*“A Dark Secret” seseriiieiiisss.... Panella 8. “America” Director. Burchard says that the band continues to improve and he is confident that a fine impression will be made at the state fair. About 25 musicians will leave ‘Bemidji on the evening of September 24, spending ‘Sundayin the' cities. NEW TRIAL IS REQUESTED Great Northern Railway Would Have $4,500 Judgment in Pogue Case Set Aside—Tried Four Times. MOTION MADE THIS MORNIKG Again the suit for damages brought by John Pogue, former maycr of Be- midji, against the Great Northern railway company, is attracting the attention of the district court a mo- tion requesting that the judgment for $4,600 returned last spring be ‘sot aside, notwithstanding the verdict or that a new trial be granted, being heard by Judge C. W. Stanton in chambers this morning. This case was first brought in Clearwater county but was dismissed. It was then brought in Beltrami county and four trials have been held, the first resulting in a dismissal, th2 seconded in a directed verdict, the third in & verdiet of $3,500 for the plaintiff and the fourth in a verdict of $4,500. Now comes another re- quest for a new trial., Alexander L. Janes, former assist- ant attorney general, representing the railway company, based his claim for a mew trial on’ the grounds that] the evidence failed to show nesgli- gence on the part of the railway while it did bring out the fact that Pogue was guilty of contributory neg- ligence. The accident for which Pogue seeks to recover damages occurred at the Wilton crossing in October, 1909, a Ford automobile which he was driv- ing being struck by a freight train. The car was demolished and the oc- cupants of the car narrowly escaped death. Pogue sued to recover $10,- 000 for personal injuries, care and the loss of the machine. He, is rep- resented by Marshall A. Spooner and John Gibbons. MAYOR M’CUAIG ACCEPTS INVITATION TO ATTEND OPENING OF SPEEDWAY ‘Winn Powers, mayor of St. Paul, in a telegram to William McCuaig, mayor of this city, this morning in- vited the chief executive of Bemidji to participate in the festivities which will mark the opening of the Twin City Speedway which is to take place on Saturday, September 4, as his guest. Mayor McCuaig immediately replied that as he is to be in St. Paul on the date named that he would accept the invitation. The new Speedway, built at a cost of $1,000,- 000, has a two-mile course and some of the world’s most famous automo- bile drivers will take part in the opening races. The opening will be marked by a demonstration in which the entire northwest will take part. Quick work by the Bemidji fire de- partment undoubtedly saved the home of Jens Dahl, Bemidji avenue, from destruction at 6 o’clock last evening when flames were discovered in the kitchen. The fire originated in back of the range and shot up the walls to the second floor. Damage was caused in the kitchen and one room ]on the second floor, the loss totaling about $150. MERCHANTS DISCUSS FEDERALBUILDING SITE SITUATION Postmaster Ritohie Suggests That Be- midji Residents Permit Govern- ment to Select Location. PETITION TO BE CIRCULATED Request That Fourth of July Fund Be Turned Over to Band in Filling State Fair Engagement Denied. * “When are we going to have our new postoffice,” was one of the ques- tions fired at A. P. Ritchie, Bemidji's new postmaster, following his ad- dress at the meeting of the Bemidji Merchants association Tuesday after- noon when he urged that every co- operation of the patrons of the local office be given that the service, al- ready above criticism, might be im- proved. “Heaven knows that we need one in Bemidji. I never before realized how much new quarters were neces- sary in order to expedite the work, but do realize it now. The boys are hard workers and anxious to please all, but under the conditions they are considerably handicapped to . render such service as is possible, had ‘we newer and larger quarters.” Is Up to Government. Mr. Ritchie was then assailed with questions concerning the possibilities of a new Federal building, to which he replied: “I can’t tell anything about it, because I don’t know.” Mr. Ritchie did believe, however, that if the patrons of the postoffice were united upon the question of the site, leaving the selection entirely to the government officials and in some manner recall what has been done in the past, a site would be selected within sixty days. This angle of discussion brought applause from the business men and it was quickly suggested by E.-H. Winter to get up a petition worded to that effect and circulated amoung the patrons of the postoffice in both city and country. Committee Appointed. The following committee wag ap- pointed to draw up-a petition and <cause-it-to ‘be-circulated: throughiout - the city and courmtry- districts: ~“H- E. Reynolds, George T. Baker,-G. D. Backus and Walter Elliot. If you are in.a favor of a new postoffice i building and are willing to let the government choose the site with a view of rushing the proposition to completion as soon as possible, sign | the petition. ! Band Needs Help. ] The Bemidji bands needs about $200 if it is to fill its state fair en- gagement. This question came up at the meeting and ways and means for the solution of the problem was left to the band commmittee which consists of C. W. Brandborg, chair- man, E. F. Netzer and Frank Koors, The Merchants association has a trifle over $200 in the treasury of the Fourth of July committee, but learn- ed that it could not legally be ap- propriated for any other purpose than a Fourth of July celebration with- out the consent of each individual contributor. In the absence of E. A. Barker, - Vice-President Charles Cominsky pre- sided at Tuesday’s meeting. A dem- onstration of Zieves Fruit Nectar in several different flavors was given in the club rooms, the treat being ar- ranged by Secretary E. M. Sathre. STORE TO REMAIN OPEN Mrs. John Ziegler Says Herman Stich Will Have Charge of Establishment. Mrs. John Ziegler, who has just returned from Eau Claire, Wis., an- nounced today that the store, for- merly operated by Mr. Ziegler, who was drowned on August 8, will re- main open. The business, furniture, hardware and second hand goods be- ing handled, will be managed by Her= man Stich, who has been conmected with the Ziegler establishment during the past three years. The store will® be conducted along the same careful and conservative plan as previously. Mr. Stich is thoroughly familiar with the: business and the. - | store will be given the best possible attention under his management. Dance This Evening. & One of the series of weekly dances being given at the Birchmont Beach summer hotel will be held this eve- ning. ‘A large number of Bemidji people are planning to attend. Music will be furnished by Burchard’s or-: chestra. 5 Misses Florence and Ruth Finne- gan of Merriam Park, sisters of Wil- liam Finnegan, a representative of the Armour Packing house of this city, will arrive in Bemidji today and . will be the guests of Mr. and Mrs. George. Cochran, jr., at Birchmon!