Grand Rapids Herald-Review Newspaper, January 26, 1910, Page 1

Grand VoL, XVII—No. 32. JUDGE QUASHES MANDAMUS WRIT On Ground That Petition Does Not Set Facts Sufficient to Con- stitute Cause. ACTION OF COMMISSIONERS UPHELD They Have Power to Choose Whom They Will As Official Papers, Irrespective of Bids Offered, The following is Judge Stanton’s ruling in the mandamus proceedings in which A. L, LaFreniere instituted proceedings to determine whether the; county commissioners can enter into | a contract for the letting of county printing with any other than the low- est bidder. At a meeting af the board of county commissioners January 4, bids were received for the letting of county printing for the ensiung year. Sever- al bids were received and contracts were awarded to the Grand Rapids Herald-Review, the Itasca Iron News and the Deer River News at the leg- al rate, as mamed by law. The In- dependent was not awarded any part of the county printing and hence the mandamus proceedings were institut- ed. The following is Judge Stanton’s findings in the case: STATE OF of Itasca. In District Court, Fifteenth Judicial District. The State of Minnesota ex rel, A. L. LaFreniere, Petitioner, vs C. M. King, Morris O’Brien, J.P. Tre- bilcock, Neil Mullins, and Archie McWilliams as the County Board of Itasca County, Minnesota, and M. A. Spang as County Auditor of Said County and Ex-Officio Clerk of said County Board. Defendants. An alternative writ of mandamus was issued in the above entitled pro- ceedings upon order made on the 10tt day of January, 1910, and made re- turnable at the court house, in the village of Grand Rapids, im said county, on the 18th day of January, 1910, at 7:30 o’clock in the afternoon. On such return day the relator was represented by his attorney, James A. Worton, and respondents were rep- resented by Frank F. Price, county attorney. Respondents moved to} squash the writ of mandamus herein | on the ground that the petition there- fore does not state facts sufficient to constitute a cause of action, and, secondly, that said petition does not state facts sufficient on which to base or issue a writ of mandamus. The court reserved its ruling upon said motion, whereupon respondents filed their return to the writ and evidence was received upon the merits, Now, after careful consideration of ithe petition herein and of the angu- ments of counsel It Is Ordered, That said motion upon which ruling was reserved at the time of the hearing be and the same is hereby granted, that the said writ of mandamus be and the same is hereby squashed. Dated January 22nd, 1910. Cc. W. STANTON, District Judge. Memorandum. MINNESOTA, COUNTY | ness. Uapids 4 GRAND RapibDs, ITasca County, it may designate, and to pay there- ‘for any price not in excess of ‘the legal rate. Board of Commissioners ot Henry County vs. Gillies, 38, N. E. (ind.) 40. Of course, it would be manifestly improper for the board to arbitrarily awarded the publications t the highest bidder, other considera- tions being equal, but the best in- terests of the county should be sub- served, and and the determination of this question must necessarily rest: with the board in the exercise of its sound discretion. As to the delin- quent tax list, so-called, and the pro- ceedings of the jboard, though, ‘the statutory requirements are different (Sec. 908 R. L. 1905, and Chapter 447, Laws of 1907) and provide, in each instance, that the contract for such publication shall be let to the lowest bidder therefore, except that “the board may reject any offer, if In Its Judgment, the public interests so require, and may thereupon desig- nate a paper without regard to any rejected offer,’ We are thus con- frontéd with the well setled rule of law that tthe action off the public of- ficer which requires the exercise of { judgment or discretion will not ye controlled by maiidamitt. He can be compelled to act but the manner of his action eannot be contralled. In the leading case of istate ex rel Cas- mey vs. Toal, 72, Minn. 37, which is frequently cited with approval, Justic Mitchell said: “When the duty is judical and not purely ministerial mandamus will lie to compel the exercise of offi- cial discretion or judgment, but not to direct as to the manner in which the duty shall be performed. In such cases, the function of the writ is merely to set in motion. It will (Continued on page four) _ INN., WEDNESDAY, JANUARY 26, (910 TOTHE FRONT FAST Woodenware Plant to be Doubled and Another Saw Mill Built This Year. at Pretty Town Where Rail and Water Meet. Cohasset is coming inté iis own fast. This year will witness more improvements than the village has yet known in a single year, and most of our readers know how rapidly this pretty town has been growing and that it has doubled its population during the last three years. Most important of the improvements will be the doubling this summer of the capacity of the woodenware plant, built two years ago at a cost of $150,- 000. Dunn & Marcia, the lumbermen and saw mill men, have decided to fmove their new mill, which’ is five miles away, to Cohasset, where their lumber yard is located. John Main will enlarge his saw mill plant, in- tending to quadruple its present out- put. Captain Ward of the steam- beat Undine, will build a large barge, which he will place in commission NASHWAUK DOES LARGE BUSINESS Grand Rapids Extension Brings Much Additional Business To Village. MINES WORKING LARGE CREWS Sabitka Johnson Mercantile Co. Will Erect New Store Building Com- ing Spring-New School House in Use. Nashwauk, the range metropolis, is all lines are doing a flourishing busi- all lines are doing a flurishing busi- The Grand Rapids-Nashwauk extension is responsible in a meas- ure for many of the improved con- ditions as people from neighboring villages now have access to Nash- wauk and its trading establishments. Sabitka Johnson, manager of the Sabitka Johnson Mercantile company, states that as soon as possible work will be started on a new and modern store building, which his company expects to occupy June 1. The Hawkins, Crosby and LeRue mines are doing a large amount of stripping and the three mines have a large number of men employed. The managers «f the various mines state that a large amount of ore will be shipped the coming season. Both underground, and open pit work is being doné amd the supply of ore is practically inexhaustable. The new brick school building is now fully completed and the school The gist of this proceedings is to determine whether the Board of County Commissioners can legally en- ter into a contract for the county work is running along as smoothly as though the teachers had always taught there. The old school build- ing will be torn down, as the land for transportation of freight and pic- nic parties on the Mississippi and Pokegama lake. The village is build- at a Shaye dock to accommodate the creasing river traffic. The obi Rteepess 8 Company has recently rebuilt its steampoat, 60 that it is bigger and better than ever. One of the most enjoyable social functions this winter at Cohasset was the basket social givem under the auspices of the Catholic ladies’ Altar society. Cards furnished amusement for the early part of the evening and then came the auction of the baskets. Mr. M. O’Brien acted in the capacity; of auctioneer and was very success-' ful. Several gentlemen from out-of- town were present: J. E. Reilly, of Minneapolis. W. A. Campbell and Wm| Cooper, who represent the Canadian government. as inspectors of timber material and Mr. Coolidge, of Minne- apolis. jMiss Florence Nelson’s basket sold for the highest price, while that of Mrs, E. 'L. Buck was conceded to be the prettiest. The ‘sum of $107 was raised from the sale of baskets and all report a very enjoyable evening. The officers of the Altar society are as follows: Mrs. M. O’Brien, president; Mrs. F. Brack- ett, vice-pres‘dent; Mrs. Owen Skel- ly, secretary; Mrs. J. Clarimont, treas mrer, + Since the new village hall was com pleted little use has been made of the fine hall in the Bass Brook hotel. Proprietor John Nelson is going to put into commission again for dances and other social affairs. Sleighing parties from Grand Rapids and Deer River cam secure the hall with music upon most reasonable terms and .ar- rangements can be made at the same time to have a special supper served at the hotel at any hour to suit their convenience. Other improvements are planned for the Bass Brook which will make it one of the best hotels of this section. Alilready a dance is being arranged to take place at. the hotel, due announcement of which will be made in these columns. E. L. Buck, village president, is one of the busiest men in town with his real estate and other large jn- printing with any other than the|Which it occupies has rich deposits) 14. He will bring quite a number lowest qualified bidder—whether the board is required under the law to accept the lowest bid for such ser- vice. As to the publication of the an- nual financial statement, the largest item involved, the only statuary quirement is found in Chapter 205, of ore. ‘The round will be stripped the coming spring. The Commercial club is exerting a great influence in inducing new lines} , and professions to locate in Nash- wauk and its secretary, Johnj C. lage might be proud. The Commer- of settlers to Itasca county this spring Mr. Buck has for sale some of the best farming land im northern Minne- isota. * Occasionally Homer Wright gives re-| Lewis, is a hustler of whom any vil-|stag parties in his handsome bach- elor quarters. He continues to be Laws of 1907, which’ requires the| cial club will hold its election of of-|the despair of more than one maiden county board to cause said statement to be published for three successive weeks “in some newspaper” in said!tained the No other direction to the|and their friends Friday evening. It is| Vocal selections and dancing were the county. board, or limitation, is given. ficers the coming week. The teachers of Keewatin enter- teachers of Nashwauk therefore plain that so far as this|main amusements of the evening and publication is concerned the board|at their conclusion a dainty luncheon has the legal right to place it in any| was served. The event was very much} ‘The ‘Commercial ch ‘club will hold its’ legal newspaper in the county, which| enjoyed by every one present. of Cohasset. Contractor Fletcher has arranged to do some school house work for the city of Hibbing. Mr. Fletcher has built fourteen| school houses in Ttasca’ county. annual meeting next Tuesday evening| ing practically; at fault in any cases, store next week. See the’ bills. SHERIFF CONTEST In Notice Received Saturday Judge Cant Gives Decision in Riley’s Favor. NEW DOCK IS ALSO UNDER WAY! 438 VOTES THROWN OUT AS ILLEGAL Lively Social Season in Full Sway|In His Memorandum the Judge Warmly Scores Election Methods Now in Vogue in Northern Minnesota. Judge Wm. A. Cant’s decision in fhe Riley-Riddell contest for the of- fice of sheriff of Itasca county was received here Saturday, in which T. T. Riley was declared duly elected to the officd of sheriff. At the general election held Novem- ber 8, 1908, according to the returns then received, George Riddell receiv- ed 1,462 votes for sheriff and T. »T. Riley received 1,511 votes. Contest proceedings were instituted by Mr. Riddell and a recount ordered. Num- @rous ‘witnesses were examined as to the methods of conducting elec- tions and as ‘a result, many persons Were found to have vote! who were not, legally entitled to do so. In oth- er instances, elections were held, ‘}every person who would be a can- ; Who has been elected thereat, and @ system has grown up and has been followed ‘from time to time which involves irregularities of so grave a character that they cannot be allowed They invite abuses which are sub- versive of honest elections. Returns of election are at times found to be utterly unworthy of credit, and by reason thereo* the determination of the county canvassing board has very little conclusive effect. Under such circumstances every citizen who wonld participate in elections, and didate thereat, has staring him in the face the fact that after the elec- tion shail be over it will take a long and expensive law suit to determine that even the truth may not be reach ed. It is needless) to say that no such conditions effectually prevent many honest men from active parti- cipation‘in public affairs and that good goyernment must suffer greatly thereby. In this particular case a rigid investigation has been made with reference to a limited number of precincts only, What the real truth investigation extended to every preé- einct in the-county, no man cen tell. The cost of such investigation in any eases would be prohibited, and gener ally a defeated candidate must yield even though he knows that frauds and irregularities have been wide spread. No such conditions should be permitted. The public have a ni is as itl would be disclosed if such} MINNESOTA SOCIETY. Sd Two Dollars a Year. THE PAVING AND SEWER QUESTION Adequate Sewerage Should Be In- stalled Before Streets Are Paved. MAIN SEWER ON.WINNEPEG AVENUE Engineers ‘State This is:Most Feas-- ible Plan—Would Provide Drainage For Northeast Portion of Village. With the proposed paving of Kind« red avenue and the talk of paving Second street, between Kindred and Leland avenues, and the business portion’ of ' Leland » avenue, proper thought should be given to sewerage conditions. Kindred avenue has a main sewer running from Eleventh street, which ig: within ‘a half mile of Ice lake, to to demand, first, that officers of el- ection shall be absolutely honest and impartial as between. candidates, and the river. When the plans and speci- fications for this sewer were design- HISTORICAL] second, that’ ‘hey shall so acquaint |ated, it was intended that it should themselves) with the election laws |bé the main sewer of the village and that no irregularity shall be counten-|the plans called for a depth which anced which may result in excluding} would have proved ample to drain the vote of any elector acting in good (Continued. on page four) thought not intentionally however, in places not designated by law. After summing up the evidence and the recount of votes, Judge Cant decided that Riddell was entitled to 1,227 votes and Riley 1,308 votes. The following is his decision in the © | maitten: we Conclusion of Law, « aat the contestee, T. T. Riley, is e, titled *o judgment against the con- testant, Georgé Riddell, adjuding that ac the genera) election held through- jut the said county on the 3rd da of November, 1908, he, the said con- testee, was duly elected as sheriff of said; county; That said contestee is, and since the commencmeent of his term of office has been,. entitled to all the rights, titles, privileges and emolu- ments thereof, and that he recover against the said contestant his costs and disbursements herein. Let judgment be entered according- ly at the expiration of ten (10) days from the date of motice hereof. Dated at Duluth, Minnesota, 2ist day of January, 1910. this By the Court, WM. A. CANT, Judge. In summing up the evidence the fudge ordered that the precincts of Sand lake, Crooked lake and Keewatin DECIDE TO PAVE LELAND AVENUE Property Owners Have Circulated a Petition Which Has Been Gen- arally Signed. GRANITOID PAVEMENT 0 BE USED Will Also Pave Second and Fourth Streets Between Leland and Kindred. Pave 5 Blocks Leland Avenue. Two petitions for paving have been circulated by property owners living on the streets affected during the past week. The first petition calls for the paving of Second street from any portion of the village, but when the work was being done, it was dis- covered that the village did not have sufficient funds to carry on the work ~ and the engineér in charge raised the sewer near the surface of the ground in ordér to! lessen the expense. The greater share of this Taise was made between Second and Third eee This main sewer has sever- terals branching from it at var- = Thy points. One of the principal laterals branches off at the corner of Kindred avenue and Fourth street and runs east to Leland avenue and jthen north to Seventh street, a dis- tance of three blocks. At Seventh street this sdwer is so near the sur- race that it was found impossible ‘to carry it further on. The sewer on Sleeper ave. extending only a few blocks and therefore the northeast portion of the village és cut-off from sewer connections. This main Kindred avenue sewer also has another lateral branching out at Ninth street, which runs west |to Hoffman avenue and thence north to Eleventh street. Property owners on Hoffman avenue between Eighth and Ninth streets are at present with our sewer connections and many think it will be impossible to establish a grade with sufficient fall to drain that portion, but engineers state that there jis sufficient fall to run the sewer north from Eighth to Ninth known as Nashwauk No. 2, be thrown| Kindred to Leland avenue and thence | street} out on accourt of irregularities and Splithand, Girard, Frazer and Pokeg- ama precincts were rejected on ac- count of their being unorganized. In cther instances) from 1 to 10 votes were thrown out in various precincts on account of the voters having as. sistance from outsiders who were not legt#ly wqualifiesi by law to act in such capacity. The following. is Judge Cant’s memorandum after sum- ming up the evidence. Memorandum. This case was of unusual length, with a multitude of separate ques- tions for consideration. Near the conclusion of the trial, owing to some misunderstanding between coun: sel and client, the attorneys for con- testant, while carefully guarding ‘the rights of their client by making no declined ‘o further participate in the north to the Great Northern. tracks. The second petition calls for pav- ing Leland avenue from the Great Northern tracks north to Seventh street. The petition also takes in the paving of Fourth street, between Kindred and Leland avenues. It is thought that the council will undoubtedly take favorable action ou the matter when presented and granitoid pavement will probably be used, as the pavement on Third street has given satisfaction and the Blome company have fulfilled their contract in a manner which is to be highly commended. A contract has already been made with the Blome company for the pav- ing of Kindred avenue between Sec- On Leland avenue, running south from between Fourth and Third streets, there is a small eight inch sewer, but it is so badly out of line that when the Third street crossing was paved, the engineers attempted to find dt but were unsuccessful. The capacity of this sewer is taxed to its utmost and it has been suggested that it be taken u> and a larger sew- er put im before this section of the street. is paved. , With regard to providing sewerage for the northwestern portion of the village, the engineers state that most favorable propositions is to lay an- other main sewer the entire length of Winnepeg avenue. They state that a sewer can be laid on this street ‘ond and Fourth ‘streets and if ' the| which will run within a half block petitions for the Leland avenue pav-|of Ice lake and provide ample { consessions and insisting that his|ing are favorably acted upon, there|for sewerage on Simpson and Sleep- rights be determined ‘on the evidence,| will be a total of 9 blocks to be pav-|er avenues a d intersecting streets ed the coming spring. There is also In any event the proposition should case. Until very recently; and then|talk of circulating a petition for pav- be thoroughly gone over in order that on a single point only and on behalf of the contestee, no briefs or argu side: "PKS orkdonce: dletioded. “condition of affairs’ with respect to the conduct of elections in ‘this county which ing Kindred avenue between Fourth property owners may pnd Seventh streets and if this is | enjoy sewerage and water connec: ments have been, submitted on either] done, the business portion of Grand ‘tions at their least possible cost. Rapids will have ideal and up-to-date thoroughfares. When these streets are paved, underground conduits will be ‘put in and Tungston lamps, simi- C. E. Aiken Named Trustee. should not longerbe tolerated among|lar to those on Third street will be} Deputy..State Examiner Kain was honest men. In many precincts wher« | installed. With the coming of spring|in the village Wednesday in regard the proceedings have’ been subjected| many new buildings will be erected|tc the disposition of the mortgages, tu ‘critical ‘examination it’ is found|and with the addition of the paving | Stocks, cash, etc., turned over to the that elections are hab‘tually carried 0} Grand Rapids will present an appear-|state by A, A. Kremer. C. E. Aiken with disregerd’ to legal requirments.|ance which-will be the envy of the |cashier of the First National bank, This is so, although in many cases officers of election are honest and imtelligent men. In some places the neighboring cities and villages. The best opportunity to buy the was named ‘by the court to act in the capacity of trustee and the en- tire securities, amounting in all to matter degenerates into @ farce on} eoods you want just when you want |about $32,000 were turned over to election laws." without anyone be-|them will be at H. Hughes & Co.’s Mr. Atken'tto be’ held in trust until {fini Giaposttion te mates