Grand Rapids Herald-Review Newspaper, June 15, 1907, Page 1

VoL. XIV.—No., 51 Granp Rapips, Irasca CouNnTyY, MORE OF SPEARS WORK CONSIDERED BY GRAND JURY Buys Tax Title and Defrauds the County Out of Taxes Due. INDICTMENT VOTED WEDNESDAY Investigation Developes Some Facts That Shows the True Character of the Man Who Has Long Posed as Friend of People. Geo. H. Spear was the subject of considerable attention by the grand ury that adjourned on Thursday of this week. It was a clear case, and he records disclosed certain trans- tions by the ex-county attorney ch places him in anything but an position before the eyes of blic—the public that he loves to serve. When the matter vas brought up for consideration there was no question as to the guilt e accused andan indictment was promptly yoted. It had been known for some time that Spear had bought ix titles during his incumbency in lice and that the county was not a square deal through his ia ble getting machinations. It is not a criminal ict for a county official to buy tax titles any more than it is for any one else to speculate in a like manner, but it was entirely a different proposition with Spear as county ttorney. In that position it was luty to guard the county’s sts just as an attorney is obli t to guard the interests of a nt, instead of trying to defraud him out of that which is justly his The records show that Spear bas bought many tax titles, only pay- ing a portion of the taxes delinquent, curing a certificate which operates as a bar againts the county’s just claim of the full amount charged against the property—thus defraud- ing the county out of many dollars. These transactions took place while Spear was acting as couoty attorney, ; ata time when his legal advice was the guide for other officials. In plain, unvarnished English words, it wasa case of robbing the tax payers —rob- bing them cold-blooded and high handed—a case of misfeasance in ffice. The particular tract of land on which a portion of the taxes were bought up by Spear is described as the of nwd of section 22, township 54, range 27. The taxes on this prop- erty showed on the records to have nquert from 1896 to 1904, and judgments had been agammst the Jand by the county. In March, 1906, Spear paid the taxes delinquent for the years 1901 and 1902, taking a tax certificate therefor, and leaving the balance of the accumulated delinquencies un- paid. The land belonged to J. M. Dempsey who has brought suit in listrict court against Spear to quiet title to the same. A peculiar coinci- dence connected with the transaction was the serving of the notice of ex- piration of redemption after Demp- sey had left Itasca county, al- though be had been engaged in the logging business here all winter. The sheriff's return shows that Dempsey could not be found within the connty. This required service by publication. Here again the surreptitious action of the double-dealing. attorney is apparent. The notice was not pyb- lished in Grand Rapids, but was sent to the Little Fork Guardian. For what purpose? To hide the notice, rather than to makeit public. The Little Fork Guardian is an obscure little paper published up im the woods. It is an excellent hiding spot in which to bury a legal publication. This is one of a number of similar transactions by Spear. The intent to defraud was so apparent that the grand jury voted an indict- ment as soon as the facts were placed before them. When County Attorney Thwing was consulted he expressed some doubt as to the probability of an indictment holding good. While it was clearly a case of misfeasance jin office yet he would not advise an indictment in any case where he felt inclusive, entered 5000 ACRES OF ; STATE LAND SOLD The sale of state lands for Itasca county was held on Tuesday forenoon of this week in the rotunda of Hotel Pokegama by State Auditor Iverson and County Auditor Spang. The sale began about 10:30 and closed at 12:30. The actual amount disposed of was 5,001.60 acres, most of which was bid in by residents of the county. Thera were some fine agricultural trac’? offered. Those bid in were mostly in the southern part of the county. The amount to be paid for tracts sold foots up to a total of $29,- 276.70, three hundred dollars of which was paid for timber on two pieces sold. The highest sum paid per acre was $11.00 and the lowest $5.00 per acre. But one piece sold for $11.00, bought by Andrew Johnson. It was lot 8, section 16, township 54. range 23, in the town of Feeley. CELEBRATION OF THE FOURTH ‘The committee appointed by the Order of Eagles to look after the great street parade on July 4th will begin to frame up the order of attrac- tions next week. It is expected that a large number of our local merchants will prepare appropriate floats as advertisements of their business. The calithumpian brigade will be on an extraordinary scale. Next week the large bills will be printed containing the full program. CASES TRIED IN DISTRICT COURT The jury in the case of ¥. L. Vance against the Great Northern railway company returned a verdict for the plaintiff in the sum of $1,500. Fifty thousand dollars was*the amount sued for. E. N. Remer against Olif Lind and Eric Brandt as intervenor, recovered damages in the sum of $500. T. P. Hornseth vs. Chas. Piggott, et al., was given a verdict by the jury in the sum of $250. Thomas Trainor vs. Dave Maturen; verdict for plaintiff in the sum of $65. WHERE TEACHERS SPEND VACATION The instructors in Grand Rapids public schools will spend the vacation months, according to present plaus, about as follows: Miss burlingame, at her home in Clinton, lowa; Miss Belle Parker will visit in Iowa and the west; Miss Mary Lathrop, Vermillion, S. D.; Miss Mabel Edmunds, Iowa: Miss Margaret Aiton, St. Peter, Minn.: Miss Olga Wetzel, Madison, Wis.: ™ Mary Summerville. Newberry, Mich.; Miss Honora Hessian, Aitkin and St. Peter; Miss Alpheda Herrell, Duluth; Miss Lillian Scott, Duluth: Miss Viola Backes, Michigamme, Mich Miss Helen Murray, Smiley, Minn.; Miss Katherine Connell, Waterville, Minn.; Miss Lillian Stebbins, Minneapolis; Mrs. Grove, Ulinois ; Mr. Hilton H. Wilder, Cleveland, Ohio. who also ex- pects to spend part of the summer at Cornell university; Supt. E. A. Free- man will be one of the instructors at the Duluth Normal during the sum- mer. The Misses Parker, Lathrop, Edmunds, Aiton, Wetzel and Sum- merville will make up a boating party to Isle Royale before leaving for their respective homes. APPORTIONMENT FOR SETTLEMENT County Treasurer Kremer has already completed the work involved in the June settlement of county funds. This is about two weeks earlier than in former years, as heretofore the statement has not been ready until some time in July. Auditor Spang prepares the unpaid tax statement and when the two are added the settiements will be made. There is an unusual amount of work involved in the preparation of these statements and the fact that the treasurer has his books up to date bespeaks much for his proficiency as a public official. Next week the settlements will be made of the several funds. Mr, Kremer is naturally pleased with the showing that he 1s able to make at this early date, considering the vast amount of extra labor that has been involved. For some time past he has been working nights to complete the records in order to serve the public at the earliest possible moment. that the court would not sustain the action. Upon this advice the indict- ment against Spear was not returned. For job printing of all. kinds the Herald-Review is well: equipped with material and skilled workmen, THE LDS OW GRAND RAPS Saloons Now Close Promptly at 11 P. M. and on Sundays. SALOON MEN WELCOME INNOVATION Grand Jury Held Conferences With ’ Mayor Powers of Grand Rapids and Representatives of Other Villages. ‘There was the least commotion oc- casioned by placing the “lid” on Grand Rapids of any town that has yet reported. Nobody seemed to care much whether the cover was on or off. The recent supreme court de- cfsion in the case of the state against the mayor of St. Cloud, in which it is held that the executive officer of any municipality must enforce the state laws relating to traffic in liquor, seems to have exercised a state-wide influence. The result bas been to clap the lid of in all directions. Itasca county towns are not to be overlooked in the more strict enforce- ment of the liquor selling regulations as prescribed by state law. Presi- dents of villages and councilmen were called before the grand jury during the week apd instructions issued to notify all dealers in the cup that cheers and inebriates to close their places of business at 11 o'clock p. m. each day; to remain closed on the Sabbath and to remove all gambling apparatus from their premises forthwith. Otherwise in- dictments and prosecutions would follow. This decree will make but very little diffenence in the condi- tions that have prevailed in Grand Rapids. A majority of the saloons in this town were voluntarily clos- ing up their places of business about midnight, and if the custom were strictly observed by all dealers the new condition would be endorsed by those engaged in the business. There were several slot machines in differ- ent places about town, but they had become about obsolete as ‘‘money- getters” in® this community and hence their exit to storage rooms did not create any great uproar. Like the game of “craps” and other simi- lar devices calculated tu relieve the “sucker” of his money, that are no longer seen in Grand Rapies, the slot machine had become a thing of the past in this good town. It is said that the saloon men of Grand Rapids will organize and work in harmony with the county attorney and other officials to see that the law is strictly enforced not only here but in all other towns in the county. While they are willing and even anxious to observe the regulations under state and municipal laws, they do not propose to allow their neigh- bors to run wide open and reap illeg- al benefits to the financial detriment of those who are more inclined to be law abiding citizens. This action would be characteristic of the Grand Rapids saloon men. They have been largely instrumental in gainiog for this town the repution of being one of the mest law abiding of any iu Nortbern Minnesota, and there is no occasion to fear that the new order of conduct will not be strictly ad- hered to. With this good exampleset by the Liquor Dealers association at Uhe county seat the dealersin sur- rounding towns should adopt the same policy and thus evade much expen- sive and disagreeable litigation. It 1s evident that the laws will be en- forced, and any attempt to evade this enforcement will result disastrously to those who lay themselver liable to prosecution. SUPREME COURT SUSTAINS DIVISION In a decision handed down by the supreme court yesterday morning every contention of the respondents | was sustained in the creation of the new county of Koochiching. The election and all proceedings relating thereto was declared legal by the court. George Spear brought the action to set aside the election. C. W. Stanton of International Falls and C. C. McCarthy of Grand Rapids represented the respondents. This settles the division proposition. Minn., SaturDAy, JUNE I5, 1907. COMMENCEMENT WEEK GLOSES Nine High School Graduates Re- ceive Much Coveted Diplomas. FOUR NIGHTS PROFITABLY SPENT Every Feature of Program as Ar- ranged Carried Out and Enjoyed by Large Audiences at the Auditorium. f These received diplomas: } JESSIE ADELLE AIKEN KATHRYN HELEN GILBERT CARRIE JEAN BECKFELT WILLIAM ARTHUR KING ERWIN C. ROECKER FRANK E. WILLIAMS EDWARD G. KREMER TRUMAN S. SEAMANS JOHN CHARLES POLLEY Irn Beginning Sunday night at the High school auditorium, when Rev. E. Spencer Murphy of the Episcopal church delivered an eloquent class sermon, the commencement week ex- ercises continued until Thursday night, when the Alumni association held a reception and promenade at Village hall in honor of the gradu- ating class. The baccalaureate sermon was in- tensely interesting and instructive throughout. Rev. Mr. Murphy took as his subject ‘Personality,’ and his able presentation of the importance of personality in character building should have made a lasting impres- sion.on those who heard him, and espeévially upon the minds of the young graduates to whom the sermon was more particularly addressed. On Monday evening ‘“‘The Merchant of Venice’ up-to-date was admirably presented by members of the eighth grade and High school. The large room was filled to the doors and the frequent applause was ample evidence that the modernized drama of Shakes- peare was highly appreciated as pre- sented by Incal talent. Commencement evening, June 11, was one that will long be remem- bered by those who were fortunate enough to be present. The first number op the program was a selec- tion by the orchestra, followed by the singing of ‘“The Lost Chord,”’ by the High schooi chorus, under the direc- tion of Miss Dewey. **Barearolle,” by the Girls’ Glee club, was received with decided favor. William A. King was the class orator. Hechose as his subject “The Man of Wealth.” His delivery of the address was a di~play of good orator- ical ability throughout. It showed thoughtful consideration of the sub- ject and a commendable spirit of fairness in the discussion. The young orator saw the good and the bad that might come of vast fortunes and pointed out wherein much greater good might come to the world, and especially the working world, were the vast fortunes of individuals ex- pended for the uplifting of those most in need of assistance rather than to aid the class that is already well cared for. Miss Kathryn Helen Gilbert, the valedictorian of the class, chose for her subject ‘‘Lessons from Litera- ture.” 1t was really an intellectual treat to hear the learned discussion of the works of the great literati of past ages and down to the present. Miss Gilbert had evidently giyen much thuught and study to the prep- aration of her valedictory address, but whatever labor of research may have Deen devoted to the acquirement of a close acquaintanceship with the masters of art and literature and their influence upon the ages and centuries of time, was doubly compen- sated by the appreciation shown when her beautiful discourse was deliv- ered Tuesday evening. “Opportunity” was the subject of United States Senator Clapp’s ad- dress. Much was expected of the eloquent statesman by the audience and none were disappointed. His erudite illustrations of opportunity, taking the history of great men as they adyanced to fame, as models from which to pattern, made his ad- dress one of great value to the young .Two Dollars a Year. ladies and gentlemen who were take ing their final leave of the. High } school to go out into the broader field | of life’s activities. The diplomas were presented tothe pupils by Supt. Freeman, who pre- | faced the act by a few appropriate | and feeling remarks to the graduates who had been for three years under his direction in the school room. On Thursday evening the Grand | Rapids High School Alumni associa- tion held a reception and promenade at Village hall in honor of the gradu- ating class of 07. The event was one of the most enjoyable ever held in Grand Rapids. The attendance was large and everyone present will recall the ‘07 Alumni reception as one of the social gatherings of Grand Rapids that will ever be a joy to the memory. THE MINNESOTA LAND SALES The sale of state Jands in this city was exceedingly gratifying. Not only was the acreage sold large, but the prices, ranging from $5 to $40 per acre, with an average of over 38, shows that the desirability of these lands is becoming known At Cass Lake alsoa hundred men and woman were in line at the open ing ofa single township for settle- ment, anda hundred families were added to the ropulation of that county says the Duluth News Tri- bune. In Itasca county on Auditor Iverson sold nearly 5,000 acres at a high average price, and the inquiry for Northern Minnesota lands is increasing to such an extent that it will be but a few years when all the vacant state and government lands wili have passed into private hands The man who invests Northern Minnesota farm with the fortunate ones. is past for skepticism as to the possibility of agriculture here. The richness of the soil and its produc— tiveness have been proved by too many settlers, and within the next decade agriculture will have begun eto. rivaitmining ia the procuction of wedlth. ROUND ONE; HE TOOK THE COUNT Arthur Gibbs, who lives at Deer River, is a slim, pale-faced youth, about eighteen years of ~uge ip ap- pearance and weighs about 130 pounds. He is a mild-mannered boy who bears the reputation of attend- ing to his own business. Frank F. Price, who lives at Grana Rapids and practices a certain brand of law, isa big, burly looking brute, with a voice that is calculated to frighten little children and timid ladies; weighs about 250 pounds, and bears the reputation of meddling with eyerybody’s business but his own. TheGibbs boy was a witness before the grand jury for the state against Keaton Willis, who is charged with Tuesday now in a will rank The time the murder of his father. Price 1s defending Willis. The witness and the attorney met in a Third reet saloon last Saturday night. The attorney, as usual, was drunk, and started in to abuse the boy, using the language common to an English fish-fag, in which the barrister is very proficient. The boy tried to escape the wrath of the burly bar- rister, whose appearance and fero- cious manner would indicate to a stranger that he would relish noth- ing better than a raw bull dog for the first course of a meal, and so Gibbs started for the depot to take the 12:25 train for Deer River. Price evidently thought he had discovered a subject that he could not only frighten but whip and he proceeded to follow the object of his wrath to the station where he renewWed the abuse. Finally he grabbed the boy’s hat and threw it on the railway teack. Gibbs meekly picked up the hat and offered no resentment. This indicated to the brave Price that he had the kid scared and that the time had finally come when he would make a reputation for himself asa fighter. He seized the frail- looking boy by the throat as if he would sever the head from the body. This made the boy mad. He land— ed on his assailant between the eyes. T'wo hundred and fifty pounds of cowardice and corruption struck the platform witha thud that made a} noise like taking the count. Every- |} body howled and hoated. except the would-be gladiator. He howled not and neither did he stir. Finally some of the boys present picked up the prostrate form and dumping it | into the depot mail cart wheeled it to a place of safety behind the build- ing, where it remained until the effects of that awful wallop passed away. Fourdays later Price again appeared on the street. x a ReeerTivE PAGE + ‘AN IMPORTANT LAND DECISION State Supreme Court Upholds Con- tention of Attorney J. R. Donohue. RAILWAY INDEMNITY LAND INVOLVED Prior Rights of Original Home- steader Sustained in Decision Against Indemnity Claim of Railway Company. An important decision was handed down by the state supreme court on the 7th inst. some of the facts being familiar to a number of our citizens. In the early days there lived here a lumber jack by the name of Jerry Hickey. He located upon a tract of vacant government land in township 60, range 24, as a squatter, prior to the survey of that township. In Au- gust, 1892, congress passed an act granting to the St. Paul, Minneapolis and Manitoba railway company lands to indemnify the railway company for lands relinquished to the govern- ment. The act provided that they should select lands to which no ad- verse claim had attachéd or been in- itiated at the time of such selection. Some two vears after the settlement of Hickey, the railway company, un- der the act quoted, made a selection of a quantity of Jand in that town- ship including a portion of the land claimed by Hickey. Upon the survey of the township it was found that the improvements of Hickey were on two fractions of abovt forty acres in the technical south-east quarter of the section. When the plat was filed in the local land office Hickey ap- peared and offered his filing which was rejected as to these forties, then claimed by the railway company, and allowed as to the two fractions. An appeal was taken by Hickey te the general land office and while the appeal was pending Hickey died. In due time the general land officé af- firmed the decision of the local office. From this decission the heirs of Jerry Hickey through their attorney, J. R. Donohue, former state’s attorney for Itasca county, appealed to the secre- tary of the interior who reversed the lower offices and ordered that, inas- much as it was shown that Hickey had settled upon and initiated a claim to the whole tract prior to the selection by the railway company, up- on completion of the entry by the heirs of Hickey the railway company’s selection be cancelled. ‘The heirs completed the entry by making the usual homestead affidavit and paving the fees required. A few months afterwards the heirs relinquished and J. tt Donohue made entry thereof under the stone and timber act. The entry was cancelled by the general land office as to the three forties claimed by the railway company and upon appeal was affirmed by the sec- retary of the interior. As soon as the patent was issued to the railway company Mr. Donohue brought suit, and in a decision by the Hon. M. A. Spooner it was held that the railway company held the title in trust for Donohue, and ordered the railway company to convey to Donohue. From this decision the railway company ap- pealed and in the decission handed down on the 7th inst. the lower court is sustained. The main points of contention were as follows: the railway company con- tended that Hickey shou:d have given notice as to what land he claimed and in failing to do so should be restricted to the technical quarter section in which his improvements were located. It was also contended that the heirs of Hickey did notcom- plete the entry because they did not carry it to patent. Hence, upun re- linquishment, the right of the rail- way company attached. The court held in part: “Rights acquired by set- tlement and improvement upon un- surveyed lands, duly and timely as- serted will, as against am intervening indemnity railway selection, made under the act of August, 1892, be pro« tected in its entirety although the lands claimed lie in different quarter sections and the improvements of the settler are shown to be contined to a single quarter section. The entry for this land by the heirs of the home- | steader was completed, this operating to cancel the railway selection. The subsequent abandonment of the homestead entry restored the land to the public domain and rendered it subject to disposition according to law, as by the entry of this plaintiff.” In fact it appears that every conten- tion of Donohue has been sustained. ee es