Grand Rapids Herald-Review Newspaper, January 26, 1910, Page 4

Sra Rane ates JUNGE QUASHES. MANDAMUS WAIT By E. C. KILEY. TWO DOLLARS A YEAR IN ADVANCE —_—_—_$_$$ $$ Entered at the Postoffice at Grand Rapids, Minnesota, as Second: Class Matter. THE HERALD-REVIEWISTHE Oficial Paper ef Irasoa Counry. Rrawp Baris, Cad SHOULD SUCCEED HIMSELF. Judge Stanton has announced that he will be a candidate to succeed hith self as Judge of this judicial district and will not bd a candidatd for gov- ernor on the democratic ticket. I hav« not heard anything but praise for the Judge as a judge, since he was appointed and I would not be sur- prised if he were elected without op- position.. ™ would be the handsom- est thing for the Republican party ic do if they did not nominate a can didate against him—‘Koll’s Kolumn” in Cass Lake Times. PUES Sai THE WAR ON TUBERCULOSIS. The schools in many of the states of the country are educating child- ren concerning the ways to prevent tuberculosis. Labor unions, large and small, are beginning to realize that they have in this disease more to contend with than they have im cap- ital. The cigarmakers, printers, primt- ing pressmen, boot and shoe makers, are among the national and internat- ional unions that have started system- atic campaigns against tuberculosis among their members. Hundreds of local unions have also allied them- selves with the movement. The churches are awakening to the responsibility in this national war. Over 50,000 congregations have had anti-tuberculosis sermons preached tu them in the past year. (Continued from first page) be allowed to compel action, but never to control discretion. To do so would be to substitute the judge- ment or opinion of the court for that of the board or officer, to whose judgment and discretion the determination of the matter is de- legated by law.” And in State vs. Chittenden, 88 N. W. (Wis.)' 589, the court says: “It is elementary that in mandamus proceedings to coerce a judicial of- ficer or any person or board in the exércise of judicial or quasi judi- cial power, the sole legitimate pur- pose thereof is to set such person or board in motion; to command him or it to act, not hofy to act, to exercise the judicial power vest- ed in him! @r it; mot to control as to the conclusion to be reached.” It is my opinion, therefore, that the | judgement of the board cannot be j interfered with except in cases of fraud or manifest abuse of descretion As to this latter phase of the question the following language from the opin- ion in State ex rel Casmey vs. Toal, supra, is pertinent. “There are cases holding that, where the proof is clear and convincing that there has been a fragrant a- buse of discretion resulting from fraud, passion, or adversed interest the manner in which the duty shall be performed may be directed by mandamus. Whether this may be done im such extreme cases is a question which we need not con- sider, for this is not such a case.” But in the case at bar the petition contains no allegation of fraud. It does allege an abuse of discretion but the court would not be warranted in finding that there was an abuse of discretion in this case, because Both. pew] exercise of honest judgment, how- and pulpit are beginning to realize) eyer, erroneous it may appear to be, that ‘the gospel of health fis quite + necessary as the gospel of salvation | tion, and righteousness. does not constitute abuse of discre- But, assuredly, from the fact It is useless to} here alleged, the court would not be preach to sick and dead folks. What) justified in finding that the board a mighty host the newspapers bring|qid not exercise its honest to the ranks of the army of white} ment. crusaders! An estimate said to b conservative, is that the press of board, “in its judgment” judge- The court cannot say what the reasons were which induced the to make the country iis giving nearly 350 page:|the contract which it did make. In of space weekly to tuberculosis. “Webster vs. County of Washington, mong the latest recruits are he fra-| 96 (Minn. 220, the court says: ternal organizatfions and the ow: surance companies. It is not a mat- ter of philanthropy with them, but a matter of dollars and cents. Philanthropists have given liberally but the bulk of all the money that has been used in the crusade against tuberculosis has been given by the “As a general rule the motives that may have influenced the official conduct of members of the board of county commissioners cannot be made the subject of judicial in- quiry for the purpose of impeaching official acts.” ” If the statute required the board people of modern means, and not by} to contract for these publications with the millionaires!. What an army] the lowest qualified bidders, the court laymen and doctors, rich and poor,|} would énforce such mandatory re- old and young. quirements, but under the statute as New studies are being pushed for-| it exists the courts cannot do so. ward and new ideas tried out in the hope that some day the discovery will be m de which will do for con- sumption what vaccination does for smallpox, anti-toxin for diphteria. It is of the utmost importance that the people be taught how tocure and how t. stop the spread of consumption. Some are _ optimistic enough believe the plague will be stamped out in ten years; eration; some say fifty years. could in the next twenty years seg- regate all cases, to| faith. RILEY WON OUT IN SHERIFF CONTEST (Continued from page one.) | In the consideration of this case | some say a gen-}the following rules and considerations If we| have peen given! effect: 1. No vote has been counted unles the dangerous advanced] cast in the voting precinct where the we would have reduced the] voter at the time of election ac- morality of the disease into the same] tually resided. This is fundamental— class wih measels and scarlet fever.|a requirement of *he Constitution. But state and municipal bodies move slowly and this may delay the com-|cinct was carried on in 2. Where the election in any pre- ing of the millenium of health. Yet}faith or in such reckless disregard tuberculosis will be wiped out within]of law that the returns cannot be the lifetime of many who are menjrelied upon as a substantially true and} women today.’ As long as the advanced case: of} therein, such returns have been statement of the vote cast re- or fair tuberculosis is allowed to wander up| jected and each candidate has been and down the street, discharging the| required to prove by other evidence deadly sputum where it will infect the number of legal votes cast in those who pass; as long as we doj'his favor. not prohibit promiscuous spitting; as 8. ‘Where in any precinct the el- jong as the infected person contin-| ection was carried on in good faith ues to menace those with whom hejand with fairly intelligent effort to comes in contact, just so long will +here continu» to be numerous cases of tthe’ disease. KJELLAND FOUND GUILTY BY JURY Crookston Doctor Arrested for Purchasing. Deer Will Appeal Case. Dr. C. S. Kjelland, of Crookston, who was arrested a short time ago ou a charge of purchasing a deer fror Norman Fairbanks, at Goodland, was. declared guilty by a jury in Judge Huson’s court Saturday and fined $100 and costs, amounting in all to over $200. Kjelland’s attorney, W. E. Rowe, of Crookston, ‘immediately gave notice that an appear would be ‘taken. comply with the law, returns have been accepted, and for illegal voting found to have been made therein pro- per deductions have been made. In the precinct of Ball Club, for ex- ample, owing to the fact that the officers of election were mistaken as to the correct boundaries of their precinct, a large number of men were allowed to vote who were not resi- dents of that precinct, but the of- ficers were acting in good faith and the returns were not discredited. Pro-} ‘per deductions have been made on account of the illegal votes. 4 The claim is very generally made throughout the northern part of this state that voters have the right to cast their ballots at the nearest vot- ing place. This claim is Without any basis of right or law, and, of course, is rejected. 5. The vote at the so-called pre- cinct of Crooked Lake is beyond all hope of saving. Even votes cast in good faith must be rejected. It is Not always the first but always the| impossible to say that any person pest sale at) H. Hughes & Co.’s store| had a right to vote at that place and next wedk. under the conditions surrounding the | to having two voting places in one such bad |- election held in this precinct, »6. Dhe votes of those who, with- out being sworn as required by law, were rendered assistance in marking their ballots have been excluded. This is necessary because of the rulings of our supreme court and of the best considered cases on this point else- where. Pursuant thereto, many votes cast in good faith for the contestants must be excluded. : i State vs. Gay, 59 Minn. 6. ©. Pennington vs. Hare, 60 Minn. 146. Napier. vs. Cornett, (Ky.) 68 S. W. 1076. *: Gill vs. Shurtleff, 183, Ill. 440. Patterson vs. Hanley, 136 Cal. 265. 7: The votes from polling places in unorganized territory where voting precincts have never been established have been excluded. Such conditions make it necessary for the courts to consider at least two principles: (a) That votes cast in good faith by duly qualified electors should, if possible, be counted: (b) That irregularities in connection with the exercise of the elective franchise made be so demor- alizing in their effect upon the in- tegrity of elections that they can- not be countenanced; and this is so even if in condeming such irregul- | arities, bona fied electors may be deprived of their votes. Irregularity of the kind in question has run riot) in this country. To uphold the elec- tion at the polling places in question would ibe to approve, in a sense, of; the extraordinary conditions which have been allowed to prevail. It would be equivalent to saying that what has been may be; that no remedy is nec- essary; (that the old order of things may continue, and that if such _ ir- regularities develop elswhere they will likewise there be approved. This should not [be done. All should un- jerstand that corrections where nec- essary to prevent possible fraud and irregularities should be promptly mad and that henceforth right methods only must be employed. In Bratt- land vs. Calkins, 67, Minn. 119, at page 123, our court has held that persons residing in territory ‘not in- corporated in any established voting precinct have no right to vote. This if adhered to is controling here. Where an attempt has been made to establish voting precincts but no boun- daries have been affixed thereto, as in the case of Gerard precinct, it is probable that upon objection being made as here, the votes cannot be regarded with any greater favor than if no such attempt had been made. It amounts nearly to fixing a voting place in an unorganized territory, which place imay be and often is| changed from year to year. No vot- | ing precinct within the meeting of the law is thereby established. With respect to the territory generally un-}| derstood to be covered by precinct of Swan River, a distinction may per- haps be made. It was once an organ- ized town and then at least constitut- ed a voting precinct. The town organ- ization was suffered to lapse, but i* has been treated continuously as if it still remained a voting precinct. This vote has not been excluded. 8. The town of Nashwauk is a regularly organized voting precinct. The voting place known as Nashwauk No. 2, at the village of Keewatin did not come into existence in any reg- ular manner but it amounts at most precinct. Stemper vs. Higgins, 38 Minn. 222, is not perhaps controlling us an authori*y for counting this vote but may probably be cited. The con- ditions here, however, are much more favorable than in th case cited, for in the case at bar the authorities of the town recognized the second vot- ing place, provided for the election tnerein and gave notice thereof. See Wildman vs Anderson, 17 Kan. 344. Brown vs. Smith, Ill. Mo. 61, et esq and 16°R. L. A. 754. In the precinct of Sand lake the votes of a few men who were engag- ed in cutting timber therein have been counted. They have no other home andj may remain there an in- definite time. It may well be that they are ‘n a class which constitutes a necessary exception *o the statu- tory provision which is probably aim- ed at excluding the votes of men who may fairly be said to have a domicile elswhere and who are tem- porarily engaged in cutting timber at the particular place where they at- tempt to vote. The finding in this case have been exist as to the disposition of any material question of fact, and so that the rights of both parties may ,ve protected to the fullest possible e-tent, if further proceedings are ad- vised. Unclaimed Letters. Weekly list of unclaimed letters for the week ending January 24, 1910. Badof Dr. Cominsky,, Chas. Lelen, Nils, (Card) McClain, Ben. GRAND RAPIDS HERALD-REVIEW WEDNESDAY, JANUARY 26, much in detail so that no doubt may | 4 } GOVERNMENT TO PROSECUTE TRUST Department of Justice Will Soon Begin Proceedings Before “The Beef Trust” so-called, is to be prosecuted by the national govern- ment. The department of justice evi- dently believed its existence is a lead ing factor in maintaining the present high prices of fresh meats. * The contemplated action of the de- partment follows an investigation which has been, conducted by its spe- cial agents for some months. Initial proceedings wi'l be begun before the grand jury at Chicago, probably next week, and many comtemplate both civil and criminal action. = The firms mentioned in connection with the matter include Swift & Co., Morris & Co. and Armour & Co. all big packing house concerns are com- monly represented to control the Na- tional corporation for their common benefit. 3 The aim of ithe department has been to ascertain the relations be- tween the several firms, individually and the National Packing company to determine whether they have op- erated to control the prices of fresh meats, which, according’ to almost universal complaints, have been go- ing higher and higher. From _ the fact that proceedings are ’o be inst- ituted, the infer nce wi that the of- ficials feel satisfied they h-ve a good cade. One possible method of action may be that a suit to disolve the com- pany, under the Sherman anti-trust law, as an organization, operating in restraint of interstate trade. Pro- ceedings against individuals also may result, The investigation conducted by the department, resulting in the deter- mination to proceed in the courts a- gainst the alleged combination. had their inception in an inquiry into the practices of one of the Western railroads im making shipments for Morris & Co., which it has been charged, amounted practically to re- dating, These were gone into fully at ithe time and the conclusion resulted that while they could be regarded as_ im- proper, they actually had nothing to do with rebating. The practices com- plained of, however, were discon- tinued. An American Citizen. This ‘is the title of the play which will be presented under the auspices of St. Joseph’s Catholic church in 1910 a serious and comic side and it is safe to say that it is one of the best ever attempted at Grand Rapids. The Juvenile Bostonians when last The cast of characters is as follows: |Seen here, made a decided hit, and Beresford Cruger, Egerton Brown, M. Mulvihill; Humphery Bunn, Wm. McAlpine; James Doran; their clever performances made many Sir|friends for them here. They return- | ed last evening for a three-day stand Willie Bunn, John Costello,Jr.; Otto| at the Empjre theatre and were wel- Stroble, Jerome Meyers; Lucas and|¢emed by a large and very appreci- Simms, H. EB, Butler; French waiter,|@tive audience. There are a tew ad- Howard McLachlan; Mercury, ard Doran; Carola Chapin, Juila Durk Georgia Chapin, Prudence Kribbs; An nette, Ruby LaMere; Beatrice Carew, Mary Ehle. The date will be an- mounced in the near future. COURT ADJOURNS TO FEBRUARY 3 Petrus Salter Given $1,000 Damag- es for Injuries Received At Marble. Court adjourned Tuesday afternoon to Thursday, February 3, and Judge Stanton, accompanied by Court Re- porter LeBraw, departed for Brain- erd Wednesday morning where he has some court matters to attend. In the case of Petrus Salter vs. the Oliver Iron Mining company the plain tiff was given a verdict for $1,000 damages. Salter was employed at Marble and it is alleged his right hand was crushed while attempting to stop an ore car. The jury was out 39 hours before bringing in a ver- dict. The plaintiff sued for $15,000 damages. In the case of Frank Decenzo vs. the Oliver Iron Mining company, in which the plaintiff attemtped to cover damages for the death of his re- son, Dominik, who was killed in a ga | explosion at Bovey, the court decided the plaintiff had no case and return- ed a verdict for the defendant. Notice. The undersigned desires to know the whereabouts of Leo Manson, a young Swede, who was last heard of in October, 1909, when the owner of some property in the northern part of Minnesota was looking over his land and found the young man sick in one of his cabins. This gentle- man cared for Manson and gave him He shortly injured his hand and since that time his whereabouts are unknown. This gentleman will confer a favor by giving me the young man’s address and any information concerning him. Other papers please copy.—Elsa Gudmundson, Klippgatan No. 5, Gothenburg, Sweden. Next week at Henry Hughse & Co. Get the bills and get the benefit. How-| ditions and a few of the favorites missing. but “Babe’’ Mason, the clev- er ‘little star of the’ company, till holds the center of the stage and is by far ‘he cleverest. young lady, of her years that has appeared before the foot lights here for many moons. |The operetta, “Bertha's Billion” pre- sented last night, gave an opportunity to the Juveniles for the introduction of many popular and catchy musical mumbers. _ Babe Mason as Bertha, the bewitching little Swiss girl, who has inherited a fortune and refuses to leave her kind friends to take a trip to America, led all others in the amount of applause roccived, and in the number of encor: fer best ren- derations were: “Sausages,” “I'll Remember you,” and the trio “How Did the Bird Know That.” Edith McClaire has a nice voice and makes ;a very good love-sick boy in the part }of Hendree Hedrick. Her “Heaven of Love” which was really classy as was also ‘The Swiss Yodie” and “My Love Must silent.” Other suc- cessful numbers were “Ge, but there's a class to a Girl Like You, "’ by Hat- tie Hellen, “I Want a Postal Card” by Little Alma, the smallest member of the company, Move dn Mr. Moon,” “Has Anyone Seen a German Band?” Wonder Who's Kissing Her Now” j and many other popular melodies, | Spiced with funny jokes and amus- jing conundrums. The Juveniles’ danc jing and stage training is well finish- jed and! the scenery superb, the light- ing effects adding much to the suc- cess of the performance. It is a cleat pleasant entertainment and the young ladies should draw a good crowd the remainder of the week.—Edmonton Journal, COHASSET Mrs. Michael Stapleton, wife of ‘the village marshal, is in much de- mand at social affairs, not only be- cause of her affability but because the young people declare nobody eise can play the piano so well for dane- tig. Mr. Erskine, of the Erskine-Stack- house company, entertained a num- ber of friends at dinner on Saturday. | Mrs. Mable Baker, gave a card party and dance on Saturday night to about twenty of her friends. A dainty sup- per was served at midnight. For Sale! 53 1-2 acres 2 1-2 miles from Grand Rapids at Gunn Junction on Prairie River. 8 acres under cultivation, all good farm land. Will sell with or without stock and machinery. Apply to owner. Wm. Furlong, Laprairie, Minn COLUMBIA Double Dsik Records. Two records at the price of one. Music on buth e-des. Fit any disc machiue. We have just received a large and Com: in varied assortment. and hear them. 10 inch .. 12 inch. We Also Handle Cylender Records and Machines. Roy R. Bell Pharmacist eS pet Mp bea every ist, make his ne: visit to Grand Rapids on usual uates, the 15th and 16th of every month. All those having de- fective eyes, or in need of the proper service for the fitting of lasses, are cordially invited call at Hotel Pokegama the 15th and 16th of every month. 3 Larson & LARSON. E. Church Services. Niliska, Mrs. Toney. Nelson, John. Pajek, Blazej. Raymond, N. C. Smith Walace. Westergard, Andrew. F. A. McVICAR, P. ) Preaching at 10:30 a. m. and 7:30 p.m Sunday School...... 20a. m Epworth League 30 p. m Prayer Meeting... Thursday, 7:00 p. m Choir Rehearsal.. Thursday, 8:30 p. m Ai A cordial invitation extended to all, believe that every man in pail of milk. And so, if you ahead and buy, without seei! your peace of mind. See us first. Then buy W.J.& 4H. DON’T BELIEVE EVERYTHINC YOU HEAR If you believed everything you heard, youd have to to sell, has the best in his particular line. bility. Somebody must be wrong. When the chap up there in the picture hesrd the “honk” “honk” behind him, he beleieved a buzz wagon was about to hit him. His belief spelled disaster to his Hardware, Stoves, Lumbermen's Supplies, etc. some- where else as advantageously as you can here, and go prices, your carelessness will surely spell disaster to this town who has anything An impossi- believe that you con buy ing our stock and getting our where you please. D. POWERS Begins our first give them to the 30th take advantage of the How much eas- per cent on one tele- ing advantage of our positively unable to well as money. Oa a a a oe ss es ee January Ist, 1910 quarter for the year 1910. We will send out bills to each of our subscribers, and will day of January to discount. ier can you make 75 phone than by tak- offer? We will be allow you the dis- count one (1) day after the 30th, so we respectfully urge our subscribers to take advantage of same, thereby saving time as t= Call Phone No. 67 for further information A. W. HOSTETTER, Commerciai Mgr.