Grand Rapids Herald-Review Newspaper, October 9, 1897, Page 4

Published Every Saturday. By E. C, KILEY. Grand Rapids TheraiaReview the people requiring their’ taxaticn.” “The motion is denied,” promptly decided Judge Holland. “Exception,” demanded Grover, Hadley and Clapp. And the first attempt of the rail- TWO POLLARS A YEAR IN ADVANCE Six Months...... $1.00 | Three Months........50¢ road companies to annul the <Ander- son act on the ground of Albert Berg's error is defeated. Counsel Grover presented, an ex- Entered in the postomce at Grand Rapids Minnesota. as secoud-class matter. THE TAX LAW IN COURT The Lawyers Haye Had Their Innings on the Anderson Measure. DECISION IN TWO WEEKS Judge Holland Hears Arguments at Erainerd --- Constiiutionality of the Law is At- tacked. A Brainerd special to the St. Paul Dispatch says: The hearing in the railroad Jand tax case is attracting a large amount of interest here, and the legal battle over the constitutionality of the An- derson law has been fought with skill and vigor. For over an hour before the open- ing of the trial before Judge Holland, General Counsels Grover and Hadley, and Special Counsel Mosses E. Clapp, in behalf of the railway corporations, argued that the railroad Jand tax law was void because in was not properly certified to by Berg and bec there was no evidence in the oftice of the secretary of state to show that the Anderson law was ratifled by the peo- ple. It was claimed that Berg pro- vided the county canvassing boards with wrongly printed blanks, omit- ting spaces showing the total number of votes registered and cast, and that an attempt made to correct the error by securing worthless certifi- cates from county auditors. It was claimed that the state canvassing board was thus unable to certify that the Anderson bill was ratified and that Berg himself issued no such cer- tificate. The railroad counsel there- upon contended that there was no evidence whatever from Albert Lerg’s office that the Anderson Dill had ever become a jaw, and that be- cause of his errors the act was void because it never was adopted by the people. Attorney General Childs and As- A. Y. Merrill, the father of the y land tax bills, replied that the errors of Albert Berg could not annul the will of the people. The court should take note of the act and the people’s vote, notwithstanding the secretary of state’s record was deficient and void. Theact as pub- lished in the volume of General Laws was prima facia evidence that it was a law. If it was not a law, the burden of proof rested upon the de- fendants to prove that it was nota Jaw. Counsel for the railrovds must now produce evidence that a majority of the people did not vote for the Anderson bill and prove that the vote was not canvassed. Arguments of counsel on this issue were earnest and heated. Said General Counsel Grover of the Greag North- ern: ‘There is no certificate what- ever of the passage of this act, and without such a certificate there is no law.” Attorney Genera] Childs—No law can be defeated by the dereliction of the secretary of state. Grover—But there is no evidence that a majority of the people ratified this act, and without such ratifica- tion itis void. Childs—If a majority of the people did not ratify it, it now rests upon you to prove that fact. Jaw, it is presumed to be such until proven otherwise. General Clapp, in concluding a half hour’s argument on this point, reiter: ated vigorously: ‘‘There is no evi- dence in the secretary of siate’s office that the act was ever submitted, that it ever passed, and that it ever re- ceived a majority of the votes as re- quired, or that the vote was ever can- vassed. In short, itis not a law, and this court has no right to consider it as such,” Ceneral Child’s answered: “On that argument every public officer would be compelled to prove he re- ceived a majority of votes before the court could recognize him. That will not do, The presumption is that he obtained his office lawfully until proven otherwise,” : “What is the motion of the defend- anis?” asked Judge Holland. “That this writ of mandamus to compel the listing of these lands for taxation be dismissed,” answered Counsel Hadley, ‘on the ground that there is no law passed and ratified by soci Published as } haustive argument to show, first, that the Anderson bill never passed the legislature of 1895 because the act was passed by the vote of Frank A. Day,who was not legally a senator; and, second, that the act was never lawfully submitted to the people, because not priuted on the ballot. Grover called Day ‘an intruder, a usurper, who yoted without constitu- oional right and knew he had none,” Argument was resumed by railway counsel to prove that the tax ex- emptions of their lands in early land grant acts and gross earnings laws were contracts which cannot be amended or repealed. Attorney General Childs opened for the state this morning and was fol- lowed by A. Y. Merrill, also repre senting the state. Ex-Atterney Gen- eral Clapp closed for the railroads in an able address of over an hourand a The contentions of the rail- said Gen. Clapp, are that the Anderson taxation law, the constitu- tionality of which this case is now brought, was illegally passed.. The bill passed the senate by a majority of one, that being Frank A. Day, his right to vote being questioned as he had assumed the duties of liewtenant governor. Their second defense. as argued by Gen. Clapp, is that the gross earnings tax amounted tv a contract between the railroad com- panies and state and that the state cannot collect above that amount or abrogate that contract. The hearing@wclosed at noon. The order of the court at the end of argu- ment was the attorneys should file briefs within one week, after which the case will be examined, considered and decided by Judge Holland. A decision is to be expected within two weeks. St. Paul to Grand Rapids. A re ent trip, made by the writer, from St. Paul to Grand by via of the St. Paul & Duluth short line, was in- teresting in the fact of the great area of vacant land along a portion of the route traversed by the St. Paul & Duluth railroad and the Duluth, Superior & Western railway. Com- ing, as we did, froma new county, being newly and rapidly settled up, it looked a little strange to see su much good land vacant. Along the popular route from St. Paul to Du- luth, there is plenty evidence of new settlements and the prospect of a rapid settiement and development along the lire of the St. Paul & Du- Juth, which railroad, by the way, runs | about as swift trains ar one wishes to ride upon. This road runs three gas- senger trains daily between the Twin Cities and Duluth and is the shortest and quickest route, besides the ac- commodations are all one could ask for- Returning to the land, it ap- peared from our casual observation that the country in and around Hinckley offered fair inducements for settlers, and there is no doubt but what the roilroad company is do‘ag all it can to induce settlers to take Jands along its line. From Duluth to Grand Rapids over the Duluth, Superior & Western Ry., commonly known as. the Duluth & Winnipeg, is a far more lonesome picture after you leave the saw mill town of Cloquet. The ride from there on is through timber and swamp, of which there is thousands upon thousands of acres, which, when properly drained, will make great meadow lands and possibly good farm- ing lands. Grand Rapids and Deer River, the letter being the reiminus of this road, are the jumping-off places for sportsmen who are well ad- vised of the famous hunting and fish- ing grounds in the vicinity. Here Cincinnati and in fact from all over the country to enjoy a few week’s outing. They get what they come foi, and not. disappointed and so make the trip year after year. Grand Rapids has a model court house and school building not excelled in their completeness by any public buildings in the state. A visit to Grand Rap- ids is well worth the time and money. —fosseau Time: Jabor for Postal Sayihgs Banks, ‘The State Federation of Labor in session at Bloomington has added its indorsement to the agitation for the establshment of postal savings banks. Local{unions in large number have indorsed the movement. Other state and national conventions as they meet should also take action along the same line. Especially should the American Federation of Labor, which meets in December, take a strong position’ in favor of postal saving banks. ‘The demand for their establishment should be reiterated so persistently that congress cannot longerfignore the subject. The vote upon the adoption of the postal say- ings bank resolutions at Bloomington Was ubanimous, which indicates the general sentiment of workingmen on the subject.—Chicago Record. come people from Pittsburg, Chicago, | DRINKING IN MANY AGES. An Interesting Lecture on the History of Alcohol. At the Natural History Museum Charles BE. Pellew, of Columbia Uni- versity, delivered the first of an inter- esting series of popular lectures upon alcohol last night. His subject was “The History of Alcohol,” and began by explaining the universal prevalence of stimulating or narcotic drugs as snowing the universal craving of man- kind for something to hide the trials and troubles of life. He spoke briefly about the early beverages of the an- cient Hindoos and Chinese, and then illustrated the drinking habits of the ancient Egyptians with a curious col- lection of lantern slides. The habits and customs of ancient Greece came next, and the worship of the great god Dionysus, or Bacchus, was illustrated by some splendid photographs of vases, statues and bas-reliefs. Their wine was drunk diluted, never stronger than half water, and frequently with two, four or even fifteen parts of the milder fluid. Mention was made of the curious nature of their wines, the ad- mixture of honey and spices, or rosin and turpentine, even of salt water, and the questicn cf fermented and unfer- mented wines among them and the an- cient Hebrews. The use of wine among the more hardy and less civilized Mace- donians was Jess refined, and the ex- ploits of Philip and his son Alexander rivalled the tales told by the mo&t ar- dent prohibitionist. At the feast given by Alexander at the tomb of Cyrus, a prize was offered for the boldest drinker, and the victor, Promachus, credited with fourteen quarts of wine, died in three days’ time from the effects of his debauch, along with some fifty of his competitors. Early Rome was de- scribed as painfully temperate, espe- cially for the fair sex, who were sen- tenced to death for touching wine. It was sad to hear that kissing on the mouth was invented by the Roman husband to test his wife’s abstinence from the wine :ask. Later, however, after Greece and the East were con- quered, wine flowed freely, and the later republicans vied with the sub- jects of the early emperors in gross and unbridled drunkenness. The capacity of the Roman must have been considerable, for a citizen was knighted by the Emperor Claudius under the title of Tricongius, or ‘“‘three- gallon man,” such having been a sin- gle draught of his. New-England came in for a touch from the lecturer. It was somewhat surprising to heart that, in the first eall for suppiies sent home by the Plymouth Bay eelonists, the famous appeal headed by “ministers,” there were, along with requests for barley, rye and wheat, fcr seed, and stores of fruit trees, a petition for ‘‘vyne plantes” and for “kop-rootes.” The minister, Mr. Higginson, was duly sent in 1628, and his ship was furnished with ‘45 tuns beere, 2tuns canarie, 20 gallons aqua vitae” and only 6 tuns of water. The lecture closed with a short de- scription of the last century, charac- terized by the growth and development of the temperance movement. Some fine illustrations were given from Cruikshank’s powerful plates of “The Bottle,” and a comparison of the drink- ing habits of both the educated and un- educated classes of the present day as sompared with those of a hundred or 3ven fifty years ago showed the great advance of the present civilization. He Didn’t Mind, Andrew Lang, in the illustrated Lon- don News, gives an anecdote of Dean Stanley’s amiable simplicity. The dean was invited out to dinner, and was very late. When he arrived his collar was unfastened, and the ends vibrated like little white wings about the head of a cherub. People could not but look at him with curiosity during the din- ner, and at length, with due precau- tion, his hostess ventured ‘to ask him if he knew that his collar had broken adrift. “Oh, yes!” said the dean. mind?” “Not at all,’’ said the lady. “Then I don’t mind either,” answer- ed the dean. “The button dropped off whiie I was dressing,” and he contin- ued his conversation. “It was not,’ says Mr. Lang, “ab- sence of mind, but unrivalled presence of mind that Stanley displayed on this occasion. Any other human being than he would have been at the point of changing his shirt.” “Do you asily Gauged, “Johnny,” said the farmer, “go down in the cellar and draw a pitcher of that sweet cider. Take a candle with you.” “Don’t need no candle,” said Johnny. “Ah, my little man,” said the min- ister. who was staying over night, “you must have quite an accurate judgment to have filled that pitcher in the dark without running it over.” “Aw,” said Johnny, “it ain’t no trick at all., When it got up to the first joint of my thumb I stopped.”—Cin- cinnati Enquirer. X-Rays from Glowworms, A Japanese man of science, Mr, Muraoka, reports in a German scien- tific journal, Wiedemann’s Annalen, the curious results obtained by him last summer while experimenting with the light of glowncrms. He operated with 300 glowworms at Kyoto, and he says that the light which they emit- ted, when filtered through cardboard or copperplates, showed the properties of X-ray, or Becquerel’s fluorescence rays. Not So Bad. Slutter—Do you suppose it’s such a very bad thing to be sarcastic? Cutter—Not nearly so bad as to think you are and not be so.—Truth. $4.80—ExXeursion Rates—$4.80 Minnesota Stase Fair. Via St. Paul & Duluth R. R. Ex- cursion tickets to St. Paul and Min- neapolis on sale September 4th to 11th inclusive, at the rate of $4.80 for the round trip. Includes ticket of ad- mission to fair grounds. Tickets good returning September 13th. Purchare them via St. Paul & Duluth R. R., the shortest and quickest, and the only line running three daily trains, leaving Duluth Union Depot 9a. m.; limited, 1:55 p. m., and 11:15 p. m. Frocure tickets from your home home agent or at the Union Depot or at the City Ticket Office, 332 West Superior St., Providence building, Duluth. F. B. ROSS, Agt. FINEST TRAINS ON EARTH FROM ST. PAUL AND MINNEAPOLIS TO ST.LOUIS. Electric Lighted and Steam Heated. The “DOMESTIC” Is absolutely the best Sewing Machine made. Leads in latest and best improvements, SIMPLE PRACTICAL «DURABLE For over 30 years has been endorsed by the public as the most satisfactory of all sewing machines. We want your trade and can save you money. Write for free catalogue and prices. THE DOMESTIC S. M. CO, 298 Wabash Ave., Chicago. Pianos at Less Than Cost. Ihave leased the elegant store at No. 222 West Superior St., Duluth, and am closing out at less than cost prices the stocks of R. C. Munger of St. Paul, who assigned, and W. F. Edbolm of West Superior, who also went into bankruptcy. The sale of these pianos is now going on, and I expect’ all of them to be closed out early next neek. Do you want a piano? Ifso, get on the train and come to Duluth and see me. I can save you from $150 to $200 and you may never again have a_ similar chance. The pianosare of the best makes and grades and, by the order of the courts to turn them into money, I am selling them at less than cost. <All you have to.pay is $25 down and $10: per month. We are selling fine upright pianos at $98, $125, $127, $165, $150 and $178. hey are of_the following standard makes: New Eng- land, Haines, Smith & Co.and Briggs. We also have organs at $15, $20 and $25. Come in and see us at once. A. E. WHITNEY, Selling Agent. No. 222 West Superior St., Duluth For Sale. Eight lots in block 24, Third Divi- sion of Grand Rapids, for sale at a bargain, or will exchange for Farm Stock of any kind. These lots adjoin model farm and are clear of incumberances. For par- ticulars address. J. A. BLACKWOOD, Duluth, Minn. or Herald-Review, Grand Rapids. mer Homesteaders Can save time and expense by proving up before E. C. Kiley, Judge of Probate, Grand Rapids. 4 Filings Upon Land him. May also be made before The Expense of taking witnesses to Duluth or St. Cloud can be saved. All Business Entrusted to my care will be given prompt attention. If You Want to File upon lands under any laws of the tates, or when you are ready to make final proof, call at the office of the Judge of Probate, United Court House, Grand Rapids. E. C. KILEY. 1 \ 7 = o BETTER CIGARS ARE MADE THAN THE .. .- Pokegama Boquet “Cup Defender Manufactured in Grand Rapids By tt tt GEORGE BOOTH. Alb for either of these brands and you will get an exceilent srnoke, stock used. } Whiteaker ite s 1 c call be They Por the above sum Breeker Inakine a uit as can be had he country tor t you want somet can show vou th mpl 2 OunLy. flue a them a roorder, garmcub guar Kone but the finest Security Mutual # Life Association ot Bingh mton, New York. Incorporated under the Laws of the State of New York, Noy. 6, 1886 Insurance in Janu ry 1 1896. Force, - - - Paid Policy Holders and Bettefici- aries, - Net Surplus, GAIN in new business written over 1894, 87 per cent. RECORD FOR 1895. $20,137,350.00 - 308,352.41 410,839.65 GAIN in amount of insurance in force, 46 per cent. GAIN in Income 60 per cent. GAIN in Assets, 36 per cent. GAIN in net surplus, 37. per cent: Life, Annuity, Equation and Return Accumulation Policies Premium rates about 40 per cent less than old IIne companies. For full information address. L. K. THOMPSON, Ma Northwestern Department nager. d. W, EARL, Suporintendent Agensies MINNEAPOLIS MINN. ate ae teste SY ae ae ate ate ah ae ae af ate a ae ake st ate ae ate ate ae ate ate ste se ae ate ate ate ae ate ate pe as ae ate ae te te ae a ae eae We Hie ee Me ae ae He ae He ake ae ae ae a ae eae a ae ae sheaf ae he aft a ae ae ale ae at ae he a ate ea ae EE wre ee ee RE Re ee po ae Sidgnusuauasseteuseasesnaggengesuagugusstsnasssssses$ SESE EE ee a a ae ee a a a ea a ae a ee ee ee ee ee ae eae ae eae ae ae ~The Herald-Review |Job Rooms turn out Fine Work on Short Notice. - > ze