Grand Rapids Herald-Review Newspaper, September 2, 1908, Page 9

a News Gathered During the Week Grand Rapids and Vicinity A. J. McGuire is a visitor at the state fair this week. H. E. Butler was a passenger to Duluth last Saturday. G. G. Hartley of Duluth was a Grand Rapids visitor last Thursday. A. S. McGullouch of Coleraine was a Grand Rapids visitor last Thursday, Miss Edna Eckman of Bovey 1s a guest at the Aiken residence this week. Harold Luther was a passenger to Aitkin Sunday on the new steamboat Onole. The ladies of the Episcopal guild will meet with Mrs. H. D. Powers to- morrow afternoon. Mrs. C. Ring and daughter Lillian have returned from a visit with rela- tives at Newfolden. Frank Ressler is remoddiing his re- sidence and when completed will have a home to feel proua of. Mr. and Mrs. Robert Aiton are re- joicing over the birth uf a baby boy at their home last Fnday. Miss Jennie Doran left last Saturday for Hibbing where she has accepted ay on in the public schools. Mrs. John A. Brown and Mrs, Per- cy Warner returned last Saturday from a visit to Mt, Clemens, Mich. Rev. Theo. Buenger of Cass Lake i) hold German Lutheran services next Sunday. wedish church Th Mississippi Transportation company’s new steamboat the Oriole came up from Atkin last Saturday and is a beauty. The stork visited the home of Mr. nd Mrs, E. J. Farrell last Saturday and left a baby boy. Mother and son doing finely. Mrs. G. G. McAllister left last Sat- urday to join her husband at Missoula, Mont., where they will make their future home. Frank Voigt and wife were in form their Deer Lake resort yesterday and n the afternoon left for the twin cities and the state fair. C. W. Prescott and Leo Erb of Bo- vey were among the bunch that came in last Saturday to see the Bovey team do up the Rapids boys. Mrs. Janet Holman accompanied by her son-in-law Thos. Wilkinson arrived last Thursday from Regina, Canada, and will visit at this place for a while. Mrs, G. F. Meyers and sister, Mrs. E. an visited friends in Aitkin last They report a delight- Mississif pi. The catholic ladies will serye a uct dinner and supper at the - village hall on pnmary election day the fifteenth ot Sept. Dinner will start at halt past eleven and supper from five until all are served. Dr been and Mrs. Hutterer who have ing Mrs. Hutterer’s parents, Mrs. J. F. Metzger, for six ks psst left Saturday for their home at Wall, N. D., but will first visit at St. Paul and Sioux City, Super Towa. A. L. Hamilton of Aitkin and Chas. W. La Du of Pine River, candidates for the legislature, where in Grand Rapids yesterday and today in the interests of their campaign. They are courteous gentlemen and will be live representatives of this district in the next session of the jegislature. The wild plum crop mm this vicinity is a good one this season and is in a measure making up for the short crop of other wild fruits and berries.. Plum- ing parties are off to the woods every day and the good housewives of the community are putting up a supply of delicious jelly for the long winter. Last Saturday’s Deer River News says: “A party of ladies from Grand Rapids spending the day with Mrs, S. J. Moran yesterday were Mesdames L. M. Bolter, W. C. Gilbert, T. R. Pravitz, W. J. Nisbett and W. J. Powers. They returned on the late night train,” The ladies of the United Foresters will give a pie social at K. of P. hall next Tuesday evening. A fine pro- gram has been prepaired and all ladies attending are requested to bring a pie. After the program the pies will be auctioned off and the purchaser will be assisted by the fair baker to eat the delectable confection. The Presbytenan Ladies Aid, num- bering about twenty-five, gave a pleasant surprise in honor of Mrs, Knox, who will leave shortly for her new home at Minneapolis. Mrs, Knox is one of Grand Rapids earliest settlers and has been a member of the Aid ever since it was first establshed at this place and will be greatly missed by her associates in church work. The afternoon was pleasantly passed by the Jadies and will. long be remem- bered by the participants as one of the most enjoyable. J. Ross Dodson is over today from Nashwuuk. Work WanTED—Washing or house- cleaning. Inquire at this office. O.L. Mather came up from Du- luth this morning and will renew ac- quaintance with his former townsmen. For toothache use DIKES tooth- ache drops or wax. Every package is guaranteed, 2-9-16. ‘ The First State bank cordially invites the public to attend a pubiic demon- stration of their new burglar alarm system, Friday afternoon, Sept. 4. C. L. Simmons and family have re- turned to their home at Bloomington. Indiana, today after a two month’s sojourn at their summer cottage at Wabana. For summer complaint use DIKES blackberry compound. Every bottle is guaranteed. 2-9-16. John Beckfelt, Ed. Kremer and Bert Powers left last Monday for the Red River valley where they will in- dulge in chicken shooting for a few days. They were accompanied by their new hunting dog and a patent water bag guaranteed to keep water fresh and cold for twenty-four hours. The water bag is intended for the dog only, Monday night as the west bound passenger train was pulling nto Grand Rapids a man who was beating his way west fell from the blind baggage and was instantly killed. In his pockets was found a Minneapolis em- ployment ticket in the name of Otto Hendrickson and a ticket on the Rinehart hospital of Ashland. Wis. bearing the name of Otto Aho. The remains were cared for by Undertaker Kremer. Hon. J. Adam Bede and wife ar- rived in Grand Rapids yesterday morning. In the evening Congress-. man Rede addressed the voters at the Court house and put upa rousing talk defining his position in congress and telling the audience what he had accomplished and incidentally paying his compliments to the Duluth News Tnbune in anything but a_ gentle manner. The room was crowded and the genial congressman made a good impression. Work WantEpD—Plain sewing by day or to take home. Inquire at this office. Goodland News Notes Fred Nemec has gone to Cable, Wis., where he will spend a few days at his home. N. D. Fairbanks and John Ander- son returned from Michigan the first of the week, Mr. and Mrs. Victor Haigh have returned to Oshkosh, Wis. A farewell party was given at the home of Mr. and Mrs. Joe Torby in honer of Miss Viola Cordy, who left for Cumberland, Wis., where she will attend high school the coming term. Miss Felice Barard of Big Fork 1s visiting Miss Nellie Brackin. Steve Fuller left Tuesday for Mon- tana. F. E. Nemec was at Hibbing the first of the week. Miss Dora Brackin 1s visiting frinds at Minneapolis. D® CHAS. M.‘STORCH, PHYSICIAN AND SURGEON Office and Residence corner Leland avenue and Fourth street. GRAND RAPIDS. \', ag rae A. ROSSMAN, Attorney At Law. Office in First National Bank Building. cea RAPID. - - MINN Boe F. PRICE LAWYER Office inthe First National Bank building GRAND RAPIDS’ - MINN — F. P. SHELDON. P, J, SHELDON, President. Vice-President O.E. ayy cor Grand Rapids, Minn. Transacts a General Banking’ Business There are very few attorneys who have had as many cases in the Su- preme Court during the first seven years of their practice as has had Mr. Thwing. Among the many cases that Mr. Thwivg has tried in the Supreme Court from this county are the cases of Lauver v. The Great Northern Railway Co.: Cable v. Hoo- lihan; Myers v. McAllister et al; State of Minnesota v. Bray; Board of coun- ty commissioners of Itasca Countv y. C. C. Miller et al; State of Minnesota v. Taber Lumber Co.; State of Minne- sota v. Itasca Lumber Co.; Trainor v. Maturin; Varley v. Sims. Some of these cases were of such importance that they attracted the attention of the bench and bar out- side of the state of Minnesota, and one of ther, the case of Harry ©. Varley v. Thos. W. Sims, has at- tracted the attention and critical examination of the bench and bar of the United States. Thecase was of so much importance that it was se- lected and reported in full in Vol. 8 Lawyer’s Reports Annotated (N.S.), on page 828, and in the Americano State Reports, Vol. 117, on page 694. The Lawyers’ Reports Annotated and the American State Reports are publications of selected cases. The publishers of these buoks select the cases from the important cases tried throughout the United States. It is the intention of the publishers and authors to select only such cases as are of great importance to the bench and bar; cases that are decisive of great principles of law. These two publications, the Lawyer’s Reports Annotated and the American State Reports, are considered by the law- yers and also by the Courts of the United States, as the very best selec- tions of important cases that have yet been made. The question litigated and settled in the case of Harry C. Varley v. Thos. W. Sims was the right and power of a person, in avticipation of death, to draw a check upon a bank for all of the money he had in the hank, and deliver such check to one person to hold in trust for ancther, to be delivered to that other in case of the death of the drawer of the check, and in case of the recovery of the drawer of the check, same to be returned. Harry C. Varley and his mother resided in Grand Rapids, for a good many years. His mother’s name at the time of her death was Brown. At that time she was at the home of her sister, Mrs. Wright, at West Allis, Wis., and was about to undergo a serious surgical operation. She had on deposit in the First National Bank of Grand Rapids, Minnesota, $1,168.30. In view of the operation and the probability of death resulting there- from, she drew her check on the Grand Rapids bank for the entire amount of said deposit, payable to her son, Harry C. Varley, and left the check with her sister, Mrs. Wright, instructing her, the sister, to deliver the check to Harry C. Varley who was not then present, in the event the operation resulted fatally. Mrs. Varley further stated to her sister that if she survived the oper- ation, the check should be returned to her. Thereafter, the operation was performed and Mrs. Brown the mother of Harry, never regained cop- sciouness, but died. Harry was noti- fied of the serious condition of his mother, and immediately started to go where she was, but before he got there, she died. The check was de- livered to him after the death of his mother. He thereafter presented the check to the First National Bank of Grand Rapids, and demanded pay- ment, but payment was refused. Sims was then appointed administrator of Mrs. Brown’s estate, and the bank paid the money to him, and thereupon Harry C. Varley brought the action against Sims to recover the amount of the check from the administrator and to determine the question whether the making and delivery of the check under the circumstances above stated constituted a valid gift causa mortis. Mr, A. L. Thwing was employed by Harry C. Varley, and the administrator employed George H. Spear. The administrator and his counsel, Mr. Spear, took the pos ition that as the check was not delivered to Harry C. Varley until after the death of his mother, it did not operate as a transfer to him of the funds in the bank, but that the check, under the circumstances, being a mere gift, ceased to have any binding effect upon the death of the mother, and the money in the bank became the property of the estate. Mr. Thwing, however, took the position that this was a gift causa mortis and that the mother had the right to make this gift with the conditions attached to it, that is, that the check should be delivered to Mrs. Wright, the sister of Mrs. Browz, to be held in trust for Harry C. Varley and to be delivered to him in case of the death of the mother, gnd in case she survived, the check to be returned to her. The case was fought hard. by both sides, and the Supreme Court of Min- nesota in the decision, states as follows: “The case was presented to this “Court on the oral argument and in ‘the briefs with much ability by “counsel, and the Court has been ‘aided very materially in the consid- “eration of the question.” Mr. Thwing won the case. The prop- osition of law attracted attention throughout the country. and the Courts and lawyers of the United States, including the Supreme Courts of the State of Minnesota, have con- sidered and do consider Mr. Thwing’s brief and legal argument upon the quéstions of law involved in thé case, as being among the best briefs and legal arguments made in recent years in the trial of cases. The case is reported in Vol. 100, Minn. State Rep. commencing on page 331. The decision is prefaced with the briefs of the attorneys in condensed form, and itis interesting to notice how early the syllabus of the case written by the Court, and the decision itself, follow the brief legal argument of Mr. Thwing. That case was decided by the Su- preme Court of Minnesota on the 15th day of March, 1907, and it at once placed Mr. Thwing among the able lawyers of this state. Another case tried by Mr. Thwing in the Supreme Court that attracted considerable attention was the case of the State of Minnesota v. the Taber Lumber Co. This case is ‘re- ported in the 101 Minn. Rep., page 186, and was won by Mr. Thwing in the Supreme Court. The question in that case was one of taxation and re- guired a discussion and application of the constitution of the United States and the Federal Laws as applied by the Supreme Court of the United States and the Federal Courts, to property in commercial transit from one state to another. In this case, the argument and brief of Mr. Thwing before the Supreme Court were considered to be able and ex- haustive of the subject and the Court in writing the decision adopted the views and conclusions of Mr. Thwing. While the case of Varley v. Sims is of more interept to the legal profes- sion generally, the case of the State v. Taber Lumber Co., is probably of more interest to this County and> the people of this State in that it settled to a great extent the question wher property is in such commercial transit from one state to another that it is not the subject of taxation; or, to put 1t in another way when property ceases to be a part of the mass of the prop- erty of the state and becomes seg- regated therefrom and becomes pro- ducts of interstate commerce. Dr. cosnzeL1o DENTIST. Offic. in First National Bank Building.— GRAND RAPIDS, MINNESOTA. ITASGA COUNTY ABSTRACT OFFICE ABSTRACTS, REAL ESTATE, FIRE INSURANCE, Conveyances Drawn, Taxes Paid for Non-Residents, KREMER & KING, Proprietors. GRAND RAPIDS, - - MINN OS F-U-R-S I will pay $5.00 apiece for No. 1 Mink, other Fur according. Timber Wolves $5.00 each. WM. WEITZEL, Grand Rapids, Minn SELTCCLSLSSKSLSSSSSSSSSSS | Luck chaslasheslasheadesdasheciaslastastasleatesleslastastasaahaind MADE A eee a a ae aa asa H. E. GRAFFAM REAL ESTATE AND INSURANCE FIDELITY, JUDICIAL, EXCISE, CONTRACT, and in fact all kinds of Bonds issued. Notary Public Office opposite Post Office. ei Over Finnigan’s : There is a « *:' JOHN DEERE Plow for You : ts a oF No matter what kind of soil you have there is a ; €2é- John Deere plow made for it. Deere & Company make. 800 different styles of plows to meet the requirements of farmers in all parts of the world. Location makes no difference. All you have to do is to pick out a plow suitable for your farm. There is a JOHN DEERE Plow for Every Man For 70 years these plows have been the standard of the world. ’ There is a high grade quality about them that you can’t explain but you ‘‘feei’’ it every time you plow with a John Deere. Gold Medal at every World’s Fair or International Exposition Seg, A since 1840 ew ce W.J. & H. D. POWERS, Grand Rapids, : - - - Minnesota Big Tract of Land Opens 30000 ACRES As Fine Land as can be Found. $200 BUYS A FARM Terms:- $10.00 Cash, Balance Easy Payments. One Lot in County Seat goes Free With Every Farm Do you want it? No waste land — Good préductive soil. Better, Cheaper Easier than proving upa homestead. Address RALPH REALTY CO., Crookston, Minn. General Sales Agents in Northern Minnesota. THE PIONEER Kuh-Nathan & Fischer; Liebman, Phillipson & Schiff; McMillan; Ederhimer, Stein & Co., and Keystone Clothing. McKibbon and Roswelle Hats and Caps. Douglas and Watson Plum- mer Shoes. Clarendon Shirts. Goods bearing the names of these well known firms can be had in this city only at ‘““THE PIONEER.” SUITS OF SUMMERWEIGHT Somewhere among our suits---prices $10 up to $25---is your price. Be it $12, $15, $17, $20 or even more, you can pin your faith on the statement that with your price, whatever it is, there goes intrinsic value every time. JOHN BECKFELT, GRAND RAPIDS. SUMMER GOODS We have the goods. Our prices are right. Come in at once. And be convinced. Our Spring and Summer Showings are very fine and the assortment of fabrics complete. Gent’s Furnishings Ladies’ Furnishings: Everything Ready to Wear. Cc. H, MARR Grand Rapids - Minnesota