Grand Rapids Herald-Review Newspaper, September 28, 1907, Page 4

— — - of the civil engineer. MINNESOTA M. E. CONFERENCE . | CONVENES IN MARSHALL | ak eo se ——-@ MARSHALL M. E. CHURCH AND PASTOR. Rev. Benjamin C. Gillis is pastor of congregation that entertains delegates to state Methodist conference. PLUM CROP IS CORNERED. Minnesota Output Limited to One Richfield Orchard. One man holds the local plum mar- ket in his hand to do with it what he will. That man, who. by the way, is a Minneapolis fruit’ merchant, came into this advantageous position by con- tracting to purchase the output of the orchard owned by James Elwin at Richfield, Minn. By a freak of nature it happens that Mr. Elwin’s trees are the only ones in the whole state of Minnesota, culti- vated. and wild, that are bearing this year. The late spring frost, blight or one thing or another, caused a general desiruction of the plum crop, with this single exception, as far as reports at the central market disclose. Mr. Elwin has a_ fine orchard of 2,000 trees, loaded almost to the point of breaking, with luscious red plums. But nobody can get any of them from him, as he has sold out the entire crop to a wholesaler on Commission row, Minneapolis, and he gets the fancy price of $1.75 for every case of sixteen quarts WOMAN'S. BUILDING COMPLETED. Macalester College Plans Housewarm- ing to Open New Structure. Macalester college is making prepa- rations for the opening of its new $75,- 000 women’s building which has been named Wallace Hall after Dr. James Wallace, formerly president of the col- lege, now on leave of,absence in the east. The opening is expected to be some time early in October, but may be delayed to a later time if the work on the building is not completed as soon as expected. The plans for the opening include a house warming in the form of a gen- eral reception, to which Presbyterians and others interested in the college, will be especially invited; speech- making by representative men of the church and the state, music, refresh- ments and opportunity to see the hand- some new dormitory from cellar to attic.. The young women of the hall will serve as guides for the visitors. The attendance at the college is now about at the two hundred mark, and is expected, before the year closes, to reach at least 250. LYLE (MINN.) CITY HALL. Building that has been erected for $15,000 for municipal departments. ST. PETER SELECTED. Butter and Cheesemakers Will Meet There on Oct. 1. St. Peter has been selected by the officers of the Minnesota State Butter and Cheesemakers’ association as the place in which to hold the next state convention. Several cities, including St. Cloud and Owatonna, made over- tures for the meeting, but James Sor- enson of Maple Plain, president; G. E. Lindahl of Milaca, vice president, and E. P. Greeley of Alden, secretary, met in St. Peter recently and decided to aecept the invitation presented by St. Peter. The convention will be held on Oct. 30 and 31 and Nov. 1, and will be at- tended by upwards of 300 butter makers. The officers have voted to set aside a fund of $1,200, the largest ever appropriated by the association, to be paid in premiums in the butter-scoring contest. PETITIONER WINS CASE. Devil Creek Ditch Will Be Construc- ted as Engineer Specifies. Judgment has been filed in the clerk of .court’s office at Faribault in the Devil Creek ditch case. The decision is in favor of the petitioners, who ap- pealed from the report of the county commissioners. The ditch will be constructed as specified in the report It runs through Morristown and Shieldsville townships and is long. WILL FIX VALUES. Commissioners Go to Grand Rapids to Settle County Dispute. The commissioners appointed by Gov. Johnson to appraise the value of the county buildings in Itasca county in order to arrive at the basis of division of the county indebtedness be- tween Itasca and the newly erected Koochiching county have gone to Grand Rapids to inspect the property. Under the law the new county is li- able for its proportion of the debts ot the county from which it was created, less the value of the county buildings and the amount in the county treas.- ury at the time of the separation. The officials of the two eounties were un- able to agree on the value of the property and the governor appointed Elnar Holdale, Thomas Downs and M. C. Tifft commissioners to deter- mine upon the value of the property. Glass Bath Tubs, Glass bath tubs are being made in Germany, and are said to have ad- vantages over the metal and enamel, the principal one being that they are much cheaper. They are made in a solid piece, and one can be turned out complete in about five minutes. How Wealth Is Divided. The states west of the Mississippi possess a combined wealth of more than $$23,000,000,000, and the states east of that river $80,000,000,000, near- YOUNG MAY COURT ATTORNEY GENERAL MAY DISRE- GARD LOCHREN’S ORDER IN RATE CASES. TO DETERMINE JURISDICTION JUDGE LOCHREN FILES ORDER WHICH IS MADE TO INCLUDE EVERYBODY. St. Paul, Sept. 25—Some move by Attorney General E. T. Young in the railroad rate cases is expected in a day or two which will bring him in contempt of the federal court. His purpose is to get himself arrested and fined for contempt, so that the case may be taken to the supreme court of the United States on habeas corpus proceedings to determine the jurisdic- tion of the circuit court imposing the fine. It is probable that the attorney gen- eral will bring an action in the state courts to compel one of the roads to put into effect the commodity rates enacted by the legislature last winter. This is the law the enforcement of which was enjoined by Judge Loch- ren in the order filed yesterday in the federal court. Test Question of Jurisdiction. The purpose of the attorney general in taking such a step would be to se- cure a decision by the supreme court on the question of the jurisdiction of the federal court in the cases. The state maintains that by making the attorney general a party to this suit it becomes in effect a suit against the state in violation of the constitutional provision which makes the states ex- empt from suits. If the attorney general is arrested for contempt of the federal court it will be for a violation of the order of Judge Lochren in these cases, in which the jurisdiction of the court was challenged, and if the supreme court holds that the circuit court had no jurisdiction the injunction becomes vold and the contempt: proceedings will fail. Mr. Young yesterday declined to say what course of action he would pursue. Takes in Everybody. Judge Lochren’s preliminary injunc- tion restraining the enforcement of the commodity rate prescribed by the legislature is comprehensive. Not only are the defendants in the action, the attorney general, the officers of the railroads and the the shippers, re- strained from taking any steps to put the rate into effect, but the order is directed also against “all other per- sons and each of them.” This is in- terpreted to be a check on proceed- ings of any kind to secure the enforce- ment of the rate. LIQUOR LAW INVOKED. Anti-wine Room Crusade Brings Ar rests. Billings, Mont., Sept. 25. — During the last two days several arrests have been made of persons . who are charged with violations of the state anti-wineroom law. Tony H. Minder of the Topic theater and saloon and Ross & Brewer of the Globe, together with seven of te women employed in the places, have been taken into the toils of the law. The charges aré that the’ women are employed in places where intoxicating liquors are sold. LABOR IS SHIPPED WEST. More Than 1,000 Men Go to Railroad Construction Camps. Billings, Mont., Sept. 25. — Special trains, two in number, passed through this city yesterday morning filled with laborers, who are en route to the western part of this state and to Washington and Idaho, where they will be employed in railroad construc- tion work. Altogether there were more than 1,000 men on the two trains, whieh were made up at St. Paul. CAN’T BEAR ILL SUCCESS. Man Takes Headache Remedy to End His Life. Rapid City, S. D., Sept. 25—Follow- ing a period of melancholy induced by lack of financial success, George W. Stunkard, a farmer living at Quinn, /took morphine wheich he had been using for headache and died a few minutes later. Hobos Are Troublesome. Grand Rapids, Wis., Sept. 25.—Be- cause of the large number of vagrants and hobos that is now annoying the people of this city and Nekoosa, the county authorities have been asked to establish a county workhouse. To Erect Y. M. C. A. Building. Breckenridge, Minn., Sept. 25.°— A big mass meeting of the citizens and railroad men of this city was held here Sunday night as the first step toward erectlug a $15,000 Y. M. C. A. ly three and a half times this amount. | building. ‘FORCES ISSUE IN RATE CASE CONTEMPT CHARGE WILL ASK SUPREME COURT TO SETTLE THE QUESTION OF JURISDICTION. | St. Paul, Sept. 26. — Can federal judges tie the hands of state officials to prevent them from enforcing a’ state law which is repugnant to the! federal constitution? Upon the theory that they may do so Judge Lochren! enjoined Attorney General Young, from taking any action to enforce the! railroad rates prescribed by chapter| 232, Laws of 1907, known as the com- modity rate law, pending the decision of the rates cases on their merits. Attorney General Young, however, being anxious to test Judge Lochren’s theory, has placed himself deliberate- ly in contempt by bringing mandamus proceedings to compel the Northern Pacific railroad to adopt the pre.| scribed commodity freight rates. Petition Is Allowed. Judge Bunn of the district court of Ramsey county yesterday allowed the attorney general’s petition for an al- ternative writ of mandamus which di- rects the Northern Pacific railroad of- ficials to show cause at the special | term of the district court Saturday, Oct. 5, why they should not be com- pelled to adopt the rates in question and in all other respects comply with the provisions of chapter 232. Mr. Young’s object is to get himself arrested for contempt and then sue out a writ of habeas corpus. Mr. Young probably will be cited to ap- pear before Judge Lochren to show} cause why he should not be adjudged in contempt for violating the injunc- tion by beginning mandamus proceed- ings. Appeal to Highest Court. The court wil] probably adjudge him | in contempt and sentence him to im- prisonment or to pay a fine. If a fine is imposed by the court instead of im- prisonment the attorney general will accomplish his purpose of breaking into jail, or at least getting into the custody of the marshal, which techni- cally is the same thing, by refusing to pay the fine. He will then apply for a writ of habeas corpus and when this is denieq he will appeal to the United States supreme court. Attorney General Young contends that the suits brought by stockholders to restrain the attorney general from enforcing a state law are suits against the state, preventing it from carrying oh its governmental functions, and as such are in violation of the eleventh amendment of the federal constitu- tion. STATE BAPTISTS TO MEET. Preparations Are Made for Gathering at Albert Lea. Albert Lea, Minn., Sept. 26. — The Baptist convention for the entire state will be held here Oct. 14, 15, 16, 17 and 18, and preparations on a large scale are being made for the meeting. This will be the forty-eighth conven. tion held by this denomination in Min- nesota, and already there is some talk about the jubilee meeting in 1909. On the evening of Oct. 17 the men’s ban quet will be held in the dining room of the church, and the alumni of the Chicago university will have a ban- quet during the convention. There are three Baptist churches in the city, and al! will work together in arrang- ing for this meeting. SNOW AT HEAD OF LAKES. Unusually Early Fall Is Noted From Inland Points. Duluth, Sept. 26.—Snow fell in vary- ing quantities over the Lake Superior region and vicinity at some time yes- terday. Early yesterday morning a little snow fell in Dufuth. Yesterday forenoon there was quite a snow storm on the Vermillion range, reports to that effect coming from both Tower and Ely. Eveleth also reports some snow. South shore towns clear to Ishpeming and Marquette report snow, as do the Keweenaw point towns. This is unusually early for snow in this part of the country. FIREMEN TO COMPETE. Southern Minnesota Tournament Asso- ciation Is Formed. New Richland, Minn., Sept. 26. — Delegations of firemen from a number of the smaller towns of Southern Min- nesota have organized a Southern Minnesota District. Tournament asso- ciation. The first meeting will occur at Wells next summer, at which time companies from different towns be- longing to the association will com- pete for prizes for efficiency in han. dling fire fighting apparatus. Short Term for Thief. Eau Claire, Wis., Sept. 25.—George Mayer, an ex-Soldier, who stole a roll of money from a jeweler’s counter sev- eral weeks ago, pleaded guilty Tuesday and was sentenced to six months in the county jail. Fewer in Reformatory. St. Cloud, Minn., Sept. 26—The pop- ulation of the state reformatory is the smallest in years. There are just 243 prisoners at the state institution. In ‘September, 1906, there were 300 in- mates. HO .ORED BY ST. CROIX VALLEY OLD SETTLERS vu ad CHARLES A. RUTHERFORD, Elected president of the St. Croix Valley Old Settlers’ association at its thirty-third annual meeting and ban- quet in Stillwater last week, was born on May 13, 1824,in Steuben county, N. Y. His grandfather, Thomas Ruther- ford, a Scotchman, located. there in 1818. The family came West in 1850 and arrived in Stillwater on June 16, that year, coming on the steamer Yankee, which landed at a_ point where the old Minnesota house stood at the corner of Chestnut and Main streets. They were three weeks in making the trip from New York. Mr. Rutherford’s family consists of a wife and three children: Frank Ruther- ford, residing in St. Paul; Lysle Ruth- erford and Miss Gladys Rutherford. He is a retired farmer living on Olive street in Stillwater. MAKE PRISONERS WORK, Idlers Who Rather Serve Time. Than Toil Will Lose “Snap at Mankato.” The Blue Earth county board took action to co-operate with the city of Mankato in carrying out a plan to have prisoners in the county jail, whe are sentenced to hard labor, perform that labor. A guard is to be hired, and the expense divided between the city and county. It is likely that the prisoners will be put to work on the roads. It is expected to reach the class of idlers who would rather be in jail than work for their support out side. The results of the plan are awaited with interest. The board decided to take no action on the petition from the village of Lake Crystal school district that the territory for two miles out from the village limits on all sides be added to the village district, so as to have the farmers who have been sending their children to the village schoo} stand their share of the expense of maintaing the schools. Sixty farmers appeared before the board in opposition to the petition, Six or eight school districts are affected, and most of these, as well as many farmers, were represented at the hearinng by attorneys. The Lake Crystal district also was represented, The board decided to take no action because the county superintendent had not indorsed the petition with his approval or disapproval stating his reasons therefor, as provided by law. Building Means Also Site. The word “buildings” in law in cludes the ground upon which the buildings are located, is the opinion ot the attorney general's office given by George T. Simpson, assistant attorney general, in construing the statute re- lating to the division of the indebted. ness of a county when a new county is formed out of a part of an old one. The question arose upon the ap: pointment of appraisers to determine the value of the county buildings in Itasca county, in order to arrive at the basis of division of the indebtedness of that county and Koochiching coun. ty, which was recently formed out of the northern part of Itasca county. The officials of the two counties wera unable to agree upon the value of the county buildings, and a commission was appointed by Gov. Johnson to ap- praise the value of the buildings, the law providing that the new county shall assume its proportionate share of the indebtedness of the original coun- ty, less the balance in the county treasury at the time of the separation and less the value of “its county build. ings.” The Itasca county officials contend- ed that under this staute the value of the buiidings alone should be consid- ered, while the Koochching officials argued that this included the ground upon which the building were erected as well as the furniture in the build- ings. Adams’ Great Granddaughter. The great-granddaughter of Presi- dent John Quincy Adams, who has just been made Mrs. Robert Homans, in addition to the other activities of her girlhood, has been an earnest and devoted worker in Boston charities. Charity of Dublin Women. Dublin women take such an interest in cats that a home for the invalid and homeless cats has been formed and a ball was given in aid of it, all so- ciety attending and many pounds be- ing added to the home fund. ; STATE BANKS ARE GAINING. Commissioner Bergh Shows Increase in Resources and Liabilties. According to a statement issued by State Banking Commissioner Bergh the total resources and liabilities of the state banks of Wisconsin increas. ed from $124,609,073.94 to $128,063, 158.34 during the three months from May 20 to August 22 of this year. This is an increase of $3,454,084.40 for the three months, or over $1,000,000 a month. The total deposits on May 20 were $106,032 12, and on Aug. 22 they were $109,244,735.70, an increase of $3,212,208.58. The increase in the number of banks during the three months in question was ten, making a total of 423 on Aug. 22. An abstract ef the statement of the condition of the banks issued by Commissioner Bergh, comparing their resources and liabilities on May 20 with those on Aug. 22 is as follows: Kesources— Aug. 1907. May 20, 1907. Number of banks 3 413 Loans and counts Overdraft Bonds +remium bond: 24,112.23 Stoe! nd s curitigs .. 282,066.49 300,399.95 Banking heuse turniture and fixtures Other re: Due from banks ...... Checks on other banks and cash items .. 19,247,908.31 405,761.77 423,554.64 Gold coin Bilver coi! U.S. and Nat. currency ... Nickels and cents Other Te- sources 8,184, 209.77 52,943.85 3,046,672.80 53,443.31 3,716.17 Totals Liabilities— Capital stock —deposits .. 1,488,163.21 1,536,089.36 Div. unpaid. . 10,516.08 4,503.70 ind. deposits subject to check .. 33,679,940.05 32,991,930.38 Demand ci of deposi 15,760,036.87 14,672,246.93 Time ce! deposit 5 $4,888,463.41 Sav. deposit: 23,479,886.40 een Cope 47,008.57 Cashier's ch’ks outstanding. 187,262.42 204,620.07 Notes and bills is rediscounted 79,260.22 88,729.00 Bills payable. 67,052.27 of Other liabil... 4,388.25 Totals ...... $128,063,158.34 $124,609,073.94 Commissioner Bergh approved the articles on incorporation of two new state banks—the Bank of Adell, She- boygan county, and the Bank of Prai rie Farm, same county. The Adell bank has a capital stock of $12,000, and its incorporators are E. C. Strat- ton, Noah Saemann and Joseph W. Kilb. The Bank of Prairie Farm is capitalized at $10,000, and its incorpo- rators are F, J. McLean, G. E. Scott, J. P. MeLean, Ada M. Coe, J. H. Coe, George R. Borum and C. J. Borum. LINE DOES NOT MOVE. Center of Population in About the Same Place Now as in 1885. The secretary of state has discover- ed that since 1885 the center of popu- lation of the state has remained within the bounds of eight square miles in Green Lake county, and although the point had moved almost to the north- ern boundary of Green Lake town in 1895, at the state census taken two years ago it had returned southward to within two miles of the point at which it was fixed twenty years pre- vious. Ten years ago the census compil- ers located Green Lake county 1.55 south of the north line and 4.2 west of the east line of Green Lake town, in section 8. In 1885 it had been located three miles south in section 29. As the result of the figures gathered in 1905 the point has been located in sec- tion 24, Green Lake town, it having taken a westward course in ten years of 2.2 miles to the south and 1.8 miles to the west. COMPANY TO TEST TAX LAW. Western Union in Wisconsin Fails to Pay State Assessments. Having failed to pay its state taxes under the ad valorem law, as well as having ignored completely all notices that the tax is due, the Western Union Telegraph company apparently is planning to test the validity of the act which has increased its taxes in Wisconsin between 40 and 50 per cent. The law as applied to the railroads al- ready has been upheld by the state su- preme court, but it is the belief of the state treasurer’s office that this will not deter the telegraph company from fighting payment of the $19,710.90 which has been past due for thirty days. Under the ad valorem law 15 per cent interest will be charged against the corporation for failing to pay in the required time. MOTHER A STUDENT, TOO. A freshman class with a mother and her son and daughter as members is the record at Lawrence university es- tablished by the Lewis family, which came to Appleton from Horicon. The mother, Mrs. Cora Lewis, was gradu- ated from the Horicon high school twenty-seven years ago and has enter- ed the freshman class with her chil- dren simply in an effort to obtain a di- ploma. All three are in some of the same classes. NT RR %