Bemidji Daily Pioneer Newspaper, May 29, 1917, Page 4

~ CITY COUNCIL HAD in the aggregate sum of $3,711.15, on the ground that the authoriza- tion-of the issuance of said warrants Dy the ‘¢ity council in refundment of payments made for liquor licenses ‘was without authority of law. It is the rule, supported by the weight of authority, that a license voluntarily pajid with knowledge of the law, cannot, in the absence of express statutory authority, be re- eovered back. Roberts v. City of Boise, 132 Pac. (Idaho) 306, and cases cited. The Minnesota statute which au- thorizes refundment in certain eir- cumstances provides, so far as ap- plicable to this case, (Sec. 3150 G. S. 1913), that “every liquor license shall be annulled by operation of law by the sale of liquor becoming un- lawful in the place for which said Ticense is granted,” and that “in such cases, and in no other, such part of the license fee as corresponds to the time such license had yet to run may be returned.” This statute ecannot be held applicable to the case at bar for the reason that the sale of liquor in the City of Bemidji did not BECOME unlawful after the is- suance of licenses. The law was just the same when the applications for licenses were filed and the pay- ments were voluntarily made as it was at any subsequent date. The ‘use of the words “becoming unlaw- ful” contemplates a change in the Taw after the license was issued. If there was no such change the license was not annulled. It must be assumed, as a matter of law, that each licensee knew at the time that he applied for his li- cense of the treaty of 1855 and of its restrictive provisions. The de- cision in the federal district court in the Geralds v. Johnson case, then pending on appeal, was no protec- tion to the licensees. The construc- tion placed upon the treaty by the court of 1ast resort was retrospective and established the legal effect of 3“ treaty from the time of its adop- on. 26 A. & E. Enc,, 179. 11 Cye., 768, and cases cited. Under the admitted facts, I am not impressed with the argument that “in equity and good con- science” the refundment should be made. The situation is far differ- ent than if the city had revoked the Ticenses. Here the city did nothing whatever to prohibit, or even re- strict, the licensed business; and no applications for refundments were made until after the expirations of COURT CLERK FENTON - TO"JOIN ARNY BAND Municipal Court “Clerk Fenton leaves Friday for Minneapolis where he will take the examination for the regular army as & member of an army band. Clerk Fenton is a crack band musician and should have no difficulty in making good with one g: the big military bands of Uncle \m. ABRUZZI TO HEAD MISSION. Italy Will Send Marconi Here With Other Experts. Rome.—Although the Italian mission to the United States has not yet been officially appointed, its chief members bave already been decided upon. They (nclude the Duke of the Abruzzi, cousin of the king and admiral of the navy, who will be the head -of the mission. Senator William Marconi will also be a mernber. Senator Tittoni, former minister of foreign affairs, was also expected to join the party, but has found it impos- sible to go. The mission will include well known military, naval, financial and industrial experts. Saw Snake Swallow Young. Waterbury, Coun.— The statement that snakes do not swallow their young meets with emphatic denial by Albert M. Scott of Jacksonville, Fla. “On the Baird farm,” he says, “east of Steele’s brook, below the old suspender shop in Oakville, about sixty years ago, I saw snakes about four inches long, as I re- member them, run into the mouth of a corn streaked or chicken snake. I could not say how many there were, but I killed with a hoe twenty-two young, and the old one made twenty: three.” Gr————— KIND WORDS. Den’t be afrald of speaking a kind word. The art of saying appropriate words in a kindly way is ene that never goes out of fashion and Is within the reach of the humblest.—Faber. the licenses. So far as the city| was concerned the licensees enjoyed the same privileges during the en- tire periods covered by the licenses as they did when the applications were made. After the term of the licenses had been completed, with- out the municipal authorities at- tempting, in the exercise of dis- cretion, to refund any part of the money, the transaction was entirely|? closed. The point is urged that refund- ments should be made because the ‘city violated the’ spirit, if not the letter, of the law, in authorizing the licenses in disregard of the treaty. Granting, for argument, that the city had no legal right to issue the lcenses, such situation would not entitle the licensees to refundments, because it is the settled rule that “one who loses his money or his property knowlingly engaged in a contract or transaction which in- volves his own violations of a gen- era] law enacted to carry into effect a public policy, cannot maintain an action for his loss or his damage because the acts of others deluded or persuaded him to believe that they would continue to violate the law or to perform an illegal con- tract.” Levy v. Kansas City, 22 L. R. A. (n. 8.) 862, 93 C. C. R. 523. The licensees seeking to recover back their money fall far within this rule, and the city council had no legal right to make the refundments in question. Plunlnfimré.%inunl!n “Hot tiag = Water Heat Get our estimate, 4s Phones 666 and 30! 'EEEEE R R R R R “WHITE HOUSE" 0! C served exclusively THIRD ST. CAFE 'EEEEEE R R R B R B LA 22 2 227 XX KKK KX KKK Hair dressing, manicuring, face massage, scalp treat- ment, switches made from combings. _Corns, ingrow naus treated a specialty. MINA MYERS 311 6th St. Phone 112-W XXX KXXR KKK KTKKK 222328 2% 122222 2 223 l TUSETH SCHOOL OF MUSIC Teachers of Violin, Piano and Band Instruments Phone 683-W 116 3d St. Spend Your Money; with your home merchants. They help pay the taxes, keep up the schools, build roads, and make this a com- maunity worth while. You will find the advertising of - DRY CLEANING Clothes Cleaners for Men, ‘Women and Children DON’T Write it on Your Cuff! Jot it Down in the x| Pan MEMO BOOK The ideal way to make memoranda and carry infor- mation that you need fre- quently. Covers last for years. Sheets can be obtained anytime, ruled in six styles. Bound in Handsome Dura- ble Black Morocco, with Red Leather Index that enables you to find what you want in- stantly. ‘ THE BEMIDJI DAILY PIONEER S48 355L44404 TWO POTATO CROPS. Intensive potato culture may be practiced in this year of food shortage by planting a late crop after clover is cut or strawber- ries are picked. - ‘Sun sprouted seed is required for the second crop, according to gardeners at the Ohio experiment station. - For such planting tiig potatoes make quick growth if sprouted in partial sunlight in the spring. When spread out in sbhallow trays or on a floor where the sun shines part of the day short, stubby green sprouts grow to one-half to three-fourths of an inch long and the tubers shrivel somewhat. ‘These potatoes may then be cut and planted with the sprouts on, care being taken not to injure them. At the experiment sta- tion such seed planted June 80 yielded nearly twice as much as ordinary cellar stored potatoes planted the same day.. B EELPEEREECEEHEEFFEEFEETEEEEET ST XXX EEREREC RN H FARMING COMMUNITY QUESTION [Matiena! Crop Imprevemeat Servies.] Far be it from us to urge the far mers to do anything more than they are already doing, but in case any of our farmers are prevented from: plant- ing their maximum acreage through the lack of money, labor, power or seeds, it is a public question and we ought to help them solve it immed} ately. United States of America. The assumption of the title “the United States of America™ first ap- pears. in Jefferson’s draft of the Dec- laration of Independence, and in this particular the first draft was not al- tered by the congress in ordaining the Declaration. The words are found in the final paragraph and thus appear in the official copy on file: “We there- fore, the representatives of the Unit- ed States of America, in general con- gress assembled”— On Sept. 9, 1776, the congress first officially designated the now nation by the title and style of the United States of America. ltemized Statements MAPS IR R R R R R R R R R R A A Al MG LA Gall Btones, Cancer and Ulcers of the Stomach and Intestines, Auto-Intoxi- cation, Yellow Jaundice, Appendieitis and other fatal ailments result from Stomach Trouble. Thousands of Stomach Sufferers owe their complets recovery to Mayr’s Wonderful Rem- edy. TUilike any other for Stomach Aflments. For sale by Barker’s Drug Store and druggists everywhere. ———————— NOTICE To all those wishing to join the Bemidji Ladies’ Concert band, call Miss Neitert at the Tuseth School of Music, Phone 683-W, on or befo June 9. 6-62 — ——— _TRIANGLE PLAY 7 PARTS FRANK KEENAN in “SINS YE DO” and CHAS. MURRAY -in the Keystone Comedy “THE LOVE RIOT” GRAND TOMORROW August L. Berg, Joe Hague, Roy Jarvis and Fred Graut Service Night and Day * +* * *® * * * AxERXEXKE XXX XKE L2232 2 238 MORTGAGE FORECLOSURE SALE Default having been made in the pay- ment of the sum of Ninety Six Dollars, which is claimed to be due and is due at the date of this notice upon a cer- tain Mortgage, duly executed and de- livered by Loren L. Edmonds and Lu- cenia Edmonds, his wife, mortgagors, to John F. Gibbons, Mortgagee, bear- ing date the 17th day of May, 1915, and with a power of sale therein contained, duly recorded in the office of the Reg- ister of Deeds in and for the County of Beltrami and State of Minnesota, on the 19th day of May, 1915, at three o'clock P. M., in Book 27 of Mortgages, on _page 502. ‘Which said Mortgage, together with the debt secured thereby, was duly as- signed by said John F. Gibbons, Mort- Charles Nan SSIFIED e S LR i WANTED-~A woman-to keep lpouse on a.farm, situated five miles north of Blackduck, Minn.. -For particulars write or telephone E. 8. Hermanson, Blackduck, Mi;n;.sl WANTED—Upholstering and auto top work. Chas. Johnson, 402 Beltrami. Phone 223. 6-5631 WANTED—Stenographer. sahl. Phone 177-W. 6517t¢ WANTED—Dishwasher at Vicker's Restaurant. 2-629 WANTED—Office help. Sathre Ab- stract Co. 2-529 WANTED-—To buy single harness and buggy, also sanitary couch, cheap. R. Gulbranson, Wilton, Minn., R./ 1. 2-530 WANTED—Girl for general house- work. Birchmont Beach. Mrs, Ira J. Cool. Apply Pioneer om:;el. 3-5 S bt WANTED—Carpentry, painting or remodeling of all kinds. Work guaranteed. Wm. Snelson, 108 Ir- xine Ave. So, 6-61 ——————————————————— . FOUND FOUND—On cross streets between Omich Ave. and Bemidji, # tub of salt pork. Owner may have same by calling at the Weber home, 26th St. and Omich Ave., and pay- ing for this ad. . - = AN AP PP FOR SALE—First class garage. See Burgess. Phone 334. 6-61 FOR SALE—Township- plats show- ing government surveys and to which has been added roads, ditches and other local informa- tion. 26c each. Pioneer office. FOR SALE—A slightly used No. 6 Oliver typewriter at a big sacri- fice. Will sell for $25.00 cash. J. 0. Juvrud, 706 Minn. Av:.“o S == FOR SALE—Horses, 1,400 to 1,600 Ibs. Also harness. H. Thursdal 724 14th St. FOR SALE—W r maps, 16 pages, bound, showing all nations of the earth. Every home should have one during these times of war. 26¢c assures you of ome. We CE ) limited number only. Read detafls in big ad in this-issue. - Ploneer Oftice. 426t8 Alm—m—-—— ge | FOR SALE—A good work horse at been instituted, at law or otherwise, to recover the- debt secured by said Mortgage or any part thereof. A Now, Therefore, Notice is Hereby Given, That by virtue of the power of sale contained in said Mortgage, and pursuant to the statute in_-such case made and provided, the said Mortgage will be foreclosed by a sale of _the premises described in and conveyed by said Mortgage, viz: The south-half of _the north-east ) of section twenty- quarter (8% NE¥% seven (2 Court House, in the in saild County and State, on the tenth day of July, 1917, at two o'clock P. M., of that day, at public vendue, to the highest bidder for cash, to pay said debt of Ninety Six Dollars, and interest, and_the taxes, if any, on said premises, and Twenty Five Dollars, At- torney’s fees, as stipulated in and by said Mortgage in case of foreclosu in one vear provided by law. = Dated May 24th, A. D. 1917, CHARLES NANGLE, Asl{snee of Mortgagee. JOHN F, GIBBONS, Attorney, 1dji, Minn. Bemitd 6t Tues D 529-73 ne WORLD IN FOURCOLORS RONTS ALL BA’ TTLE F! COUPON Preseated by the BEMIDIJI A sixteen page set of large heavy super-caleadar paper at merely nominal COUPON AND ONLY 250 MAIL ORDERS PIONEER scale, authentic maps on extra cost. Preseat or mail to this peper three coupons like this with Tweaty-five Cents (25¢) to cover cost of handling. OUT OF TOWN READERS ADD 3c FOR PUOSTAGE L G. a bargain if taken at once. 5-530 Haycraft, Solway, llinq. MELBA BEAUTY PARLORS PRONE 540 A A~ Full Line of Melba Tolles Articles 'FUNERAL DIRECTOR M E. IBERTSON 'UNDERTAKER 405 Beltrami Ave., Bemidii, Mi Huffiman & O’Leary FURNITURE AND UNDERTAKING ln.um_l_-lma-' Phone (78-W or R YOUR meu%lomn vt the mln goca. g’nfl omu!s Pool or Billiards X E KKK KKK KK MOTOR T Leav%s Redh?‘every ‘Wednes- day for Ponemah, Heulin and north lake points on Red Lake. HEULIN BOAT COMPANY KXk xRKKKKKKKEK * % J ok kok ok ok ok ok * * * * * * * * Bobbie Burns is a Relation of Scoop's AND THUS INCREASE- TS MY BELEF, THE NATIONS SHORT PuTIF BYCHANEE \Ts PROVED TOYou 3. 3. op-|’ 6-530 | SO! TUESDAY. MAY 29. 1917 — FOR SALE--A thoroughbred Alaskan Spitz dog, T weeks old. Mrs. Mar- tin Everson.. Phone 409-J. 4-531 —_— FOR SALE—Mr. ‘Earl Barker's Kis- sell 6-48+ 7-passenger private.car. Fitted up ‘in most modern ‘way. Good as new. Looks like' ne . Electric lights,. self-starter. . $2380.00. _Mr. Barker has been called to the front, which. may mean years, compels him to’sacei. fice this beautiful 6-cylinder. ocar: for $1050.00.. If you want a car .or know of some one, please call their attention to this. You will confer a favor on both Mr. Barker and the man who takes advantage of this exceptional bargain. ONLY $1050.00 for a $2380.00 car. Car can be seen at our garage. C. W. JEWETT COMPANY, Inc. 61itt FOR SALE—All-modern, eight-room dwelling, 50-foot corner lot om Dewey Ave. and 12th St. Terma. Address C. G. Johnson, Ownecr.sn FOR SALE—On easy terms, one four- room cottage, nearly new, and a - lot 80x240 ft., on First street, Fifth ward. Inquire of K. Paul- sor, Nymore, Minn. 6-531 FOR SALE—Three horse power elec- tric indication motor in good eon- dition. Price $25. Bemidji Elecr tric company, near the Bell tels Bhons seatlen _______SGE FOR RENT—3-room house, Beltrami Ave. —a FOR RENT—Good pastureage, three miles from Bemidji, well fenced, pure running water, easy of ac- cess. Larson & Larson. Phone 92. . 7-66 — FOR RENT—Furnished rooms at right prices. 315-317 Minn. Ave. A. Brose. 10-61 i s SRR RGN . /o 1% FOR RENT—A little cottage at Grand Forks Bay. Inquire at the boat house. Andrew Aubol Phone 340-W. 9-53 el i SRS Sl 12 FOR RENT—7-room house st §08 Beltrami Ave. Available May 1. Apply John Moberg. tho‘u{i 1312 2-529 MISCELLANEOUS AUCTION SATURDAY. BE SURE Al YOUR PER- INAL PROPERTY READY . FOR THE AUCTION SALE NEXT SAT- URDAY. THIS MEANS EVERY ONB. . E. J. Willits, Licensed Auctioneer, 115 3rd St. Phone 41. 6-531 - FOR . 2 corner lots, only (snap) $300. 2 corner lots and grocery store bldg., $5625. 6-room house, one acre, $1,250. z‘.‘g-l'mm ‘house and lot, cheap at $1,- 5-room house, 1 acre, $300. 3-room house, $250. Confectionery car with fixtures, $100.. k. 903‘“‘" 8-room house and lot, $1,- 8-room house, 3 acres( will rent) $6,000. 90-acre farm, cheap. 116-acre farm, only 4 miles out, $16.00 per acre. Will rent to right party and allow rent on purchase price, if renter desires to buy. A:)xtomoblle to trade for lot or land, $300. 92,000 Fair store stock to trade for land. 5 ACRES choice land, PLOWED, FOR RENT. G Good farm 2 miles out, for remt. 5-room house, close, for rent, $15.00. 5-room modern house except heat (down town), $25.00. 11-room, thoroughly modern, down town, for rent. 6-room house, fine location, $8.00. 3-room house, down town, $250, and cash for good automobile. $6,400 clothing stock to trade for good land. Improved 10 acres near town, to trade for good improved 40 or 80. 160 acres good black land, $3,000, worth standing pine, all for only $4,000. 480 acres good land near here for $5.00 per acre. This is only a few of my bargains. Phone 41, write or call . J. WILLITS, 5-61 115 3rd St. Three lntlrlex% two houses on Be- midji Avenue, $3800.00. 4-room house, small lot, well lo- cated, $550.00. 60-foot lot, 5-room house, $2000. 100-foot lot, large house, on Miss. ’ A']?I' lsuoo.oo. alf acre lot, 5-room house, good barn, $2000.00." Half a lot, 7-room house, barn and woodshed, $2500.00. NYMORE 300-foot lot, 9-room house, $3000. 37.5 foot lot, 5-room house, stome foundation, woodshed, $750.00. 150-foot lot, 3-room house, $600. 25-foot lot, store building, 25x50, $500.00. 50 lots near Mill No. 2—$65.00 each, $5.00 down and $5.00 per month. Reynolds & Winter. 6-529