Grand Rapids Herald-Review Newspaper, October 26, 1910, Page 8

Au ordinance ‘for'‘the préservation o 4 tae neato of tae maapitants of lme village ot Keewatin and estap- vausning a poard of health for such vulage, and providing regulations tnerefore. ~‘sne village council of the village of acewaun do ordain: section 1—A poara of health is he.cvy establishea and createa in anu tor tne village of Keewatin. Sad poara snail consist of three Mewocrs Who saa ye ChOSeu 4S Rereinatver provilaeu ana sual ‘Ow olfice tor tne term ot one year aud uli tuelr successors are elected and qualired. Sa.u poard shalt consist of three. <li.czens of the said village, and at iewet one Of WuOuw Shall pe a practic: img physician aud he saall pe siX-of- ticu cresident o: sald board and the bicuith orticer of said village. All the memoers of said board snall_ be elected at the first regular meeting | of we council in Apri: or eacn year, | or as soom thereafter as may be. | \Waenever a vacancy shail occur im| the poard of heattn, it snail be filled | by the village council in the same manner as the original board. Section 2—The board of health | shuu exercise general p over the healtn of the inhabitants of saia village. it shall take all steps and use all measures necessary 10) promote the general health or the! ihhabitants ot sald village, to pre-| yeut the introduction into said vil-| lage of contagious, intectious aud thasigmant disease, and to keep said | jillage in a clean and sanitary cOn-| dition. Section 3.—It shall have power to remove or otnerwise care tor any per- sou attacked by any such disease, and =o adopt to such end any regulations that may be necessary to preserve | che health of such person and pre: | the spread of such disease. It shall have control, supervision and management of the village pest house! and quarantine hospital and may es-| rules for the government of. | section 4.—The health officer and} ilSmbers of the board of health shall | receive such compensation for their | work as the village council may de- jeoths health officer, as ection 5.—The hea! otticer, | president of the board of health Shall have and exercise a general | supervision over the sanitary condi- | tion of the village. He shall give| to the village council and the board of health all such professional ad-| vice as may be mecessary to preserve | and care for the public health. He! shall investigate the existence and | cause of any epidemic or of any! malignant, contagious or pestilential | sase and adopt all measures nec- iry to prevent the spread thereot and to control the same. He shall | without other compensation than his salary as health officer, attend all persons in the village pest house who are unable’ to employ medical care. He is herevy empowered to eil-| ser any building or enclosure in said | village for the purpose of investigat- ing the sanitary condition thereof or, for the purpose of caring for or con- | ‘rolling any disease that may be | therein, Section 6.—The board of health} shall have all the power and author- | ity vested therein by any of the laws of (the state. It shall give notice to) the owner or occupant of any pre- mises within said village of any un- sanitary condition of said premises, and shall give notice to such owner or occupant of any nuisance danger- ous to the public health, to abate the same within twenty-four hours | after the service of such notice. And | it is hereby made the duty of all per-| scs to obey any such notice so} given to them or either of them And upon the failure of any owner or occupant of any premises within said village, to abate within twenty- four hours after the service of notice upon him or them to so abate any | such nuisance dajagerous to public health, the health officer shall cause | the same to be abated and — shail make report of the expense thereot | to the village council, and the same; shall be assessed and levied against such property on which such nuisance existed and shall be collect- ed as other special assessments are | collected. And any person Owning or) occupying any premises within the} village of Keewatin whe shall fai! | to abate any such nuisance within twenty-four hours after notice so to do, shall be guilty of a misdemeanor aud upon conviction tkereof before any justice of the peace shall be punished by fine of not less than five nor more than fifty dollars and costs of prosesution, or by imprison: | ment for not less than five nor more than forty days. Provided that the payment of such fine or the suffer- ing of such imprisonment shall in no way relieve the property containing such nuisance from payment of the costs of removal thereof. | Section 7.—The health officer shall, at the end of each month, make re-' port to the village council of his do- ings during said month, and at the} end of the official year he shall make a detailed report of the doings of said board of health during said year. Such report shall contain a- full statement of the births and) deaths of said village during said time and shall contain a statement of gach recommendations with regard to the public health as he shall deem r, He shall forward to the! state board of health, each month, a copy of his report to the village coun- cine 8.—It shall be the duty of the health officer to make a thorough ivestigation of the sanitary condition of said village as often as may be nec- essary and at least twice during each calendar year, and at the next meet- ing of the village council thereafter otherwise the expense thereof shall be paid ‘as provided for by the laws of the state. Section 10.—The board of health shall have charge of the quarantine hospital or pest-house of the village and shail haye power to employ such nurses and medical attendance, and provide such food, clothing and medi- cine as may be necessary for the care and control of disease and per- sons suffering from disease within such hospital or pest-house. It shall have power to bury any person who shall die withim such pest-house or hospital. The expense of such food, clothing, medicine, nursing and medi- cal attendance shall be paid by the person suffering from such disease in such hospital or pest-house if able, otherwise as provided by the laws of the state. The board of health, through its health officer shall immediately quar- antine any house or building in which there is any person suffering from smail-pox, diptheria or other contagious or pestilential disease and such quarantine shall be kept on} such place during the period of in- fection. Such quarantine shail con- | fine within such building all persons affected by such during the whole therein whether disease or not, supervision | period of infection. Section 11.—It is hereby made the duty of every practicing physician to immediately report to the health of- ficer of said village any case of small pox, diptheria, cholera or oth- er contageous disease coming under his notice, care or attention. Section 12.—The health officer, at the expiration of the period of in- fection, during which any building is quarantined, shall before realeasing said building or its occupants from such quarantine, cause such build-| ing and its occupants to be thorough- ly disinfected, the cost thereof to be a charge upon the premises so treated and if not paid by the own- er or occupant thereof to be levied | and assessed against. said premises the same as other special assessment are assessed and collected. Section 13.—It shall be unlawful for any occupant of any building quarantined under section 10 and 12 of this ordimance, to leave or depart from such building before the disin- fection and remoyal of the quarantine s thereon. . And any person within any building at any time during such quarantine (the regular attending physician excepted) so leaving or departing from such building prior to the removal of such quarantine shall be guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of not less than ten nor more than fifty dollars and the costs of prosecution, and may be imprisoned in the village jail until such fine and costs are paid, not ex- eeding ninety days, or by imprison- ment in the village jail for not less than ten nor more than Section 14.—Any person violates, disobeys, omits, neglects or refuses to comply with, or who resists any of the provisions of this ordinance, or who neglects or re- fuses to, obey the regulations of the board of health of said village | dr'ving ; shall be deemed guilty of a misde- | excavation shall be guarded at night meanor and upon conviction thereof /" |shall be punished by a fine of not | fic ent to wam all persons of the less than five nor more than fifty | P ¢ r be imprisoned in| lights ‘shall be kept burning from the village jail until such fime and dusk to daylight of each night dur- dollars, and may costs are paid, not exceeding ninety days, or by imprisonment in the or public ground to the same con- dition in which the same was prior to such excavation. And the bond which shall be filed shall be condi- tioned to restore said street, alley, highway or public ground to as good condition as the same may have been prior to the making of such ex- cavation. The village council shall thereupon consider such application at its next regular meeting and may, if it deem it proper and the purpose a proper one, allow such permit for jsuch excavation according to such blua print so filed with such ap- | plication and the time for such ex- cavation being of the essence thereof. And if the village council deem pro- per it may make or impose any other | and futher condition to the granting lof such application as it may deem necessary for the best interests of | said village. : | Section 3—If such excavation is to be made in any improved _ street, jalley, highway or public ground | said village the applicant shall, at least three days prior to the com- |mencement of such excavating, notify | the village clerk in writing of his in- tention to commence such -work at |the time stated in such notice, and the said village council may, if it deem it proper, appoint some suita- ble person to attend upon and sup- ervise the work of making such ex- leavation and restoration of such | street, alley, highway or public | ground to its natural condition, and {such person shall have power to ‘compel such applicant to properly jperform such work and such ap- pticant shall perform such work in accordance with the instructions of such supervisor. The compensation lof such supervisor shall be paid by ich applicant, who shall deposit with the village clerk sufficient money to pay such supervisor before | the commencement of such work, and from time to time thereafter as de- thanded by such village clerk, and failure to so deposit such money shall immediately work a forfeiture of the parmit granted. ; Such supervisor shall report, to} the village council an accoutit of] ch work and the manner of its do-| | | ing. The compensation of such supervis- | or shall be fixed. by the village coun-! cil at the time of his appointment. Section 4.—The bond so filed in at- cordance herewith shall run} for at least one year after the completion of such work and shall be |yalid for the purpose of paying the cost of any settling or depression or ‘improper restoration of said street, vy, highway or public ground. Section 5.—Any person, persols, | firm or corporation making any ex- cavation in any of the streets, alleys, | highways or public grounds of the | i of Keewatin shail have and around such excavation a stantial fence at least three }feet high and so placed as to pr !yent children, persons, animals or} {vehicles from falling, walking — ar}! into such excayation. Such | th a red light, or red lights suf- ence of such excavation. |ing the progress of such work. | If such excavation be under any |. Minn., Edgar E. Reynolds, of Hill leach of the parcels of land, hi Such |? village jail for not less than five nor \sidewalk, or crosswalk, accross any i more than six ys. | street or alley, the person so making Section 15. S ordinance shall such excavation shall keep and ‘take effect and be in force from and | Sintain over such work a substantia after its passage and publication. ; foot bridge for the accommodation of people walking along and upon said 'sidewalk or crosswalk, which said foot bridge shall have a railing on} {each side to the hight of at least | three fee. | Section 6.—It shall be the duty of any person, persous, firm or corpor- ation making any excavation in any of the streets, alle: highways or public grounds of the village of Kee-| watin to replace such street, alley, highway or public ground and leave the same in as good condition as the cane was when such work commenc- | Section 7.—Any person violating jany of the provisions of this ordin- jance shall upon conviction thereof Passed this 13th day of September, 1910. CHAS. R. GRAFF, President of the Village Council. Attest: J. J/ ROBERTS, Village Clerk. H. R. Oct. 19-26. Ordinance Number No. One An ordinance regulating excavation» in the highways and public grounds of the village of Keewatin, and pro- viding a penalty for the violation thereof. The village council of the villagee of Keewatin do ordain:— Section 1,—It shall be unlawful for/}e Punished by a fine of wot less any person, persons, company or corporation to make any excavation for any purpose in any of the streets, alleys, of the village of Keewatin without first having secured a permit for such excavation as hereinafter pro- vided. The foregoing shall not strued to prevent proper excavations under the direction and supervision of competent. employees of the village, or by any contractor for the village or his em- ployees in pursuance of a contract properly made with the village coun- etl for the improvement of any street, alley highway or public ground of the village of Keewatia or the building or repairing of sewers, drains, conduits, or the laying or repairing of watermains or gas pipes belonging to the village of Keewatin;nor shall it be construed to prevent any person, firm or cor- poration which has by law been granted a franchise to construct water mains, sewer or gas mains in the village streets, alleys or pub- lic grounds or other public improve- ments, from excavating for the pur- pose of such public improvement. Section 2—Any person, persons, firm or corporation desiring to make any excavation in any of the streets alleys, highways or public grounds of the village of Keewatin shail apply in writing to the village council for permisson so to do, which applica- tion shail state the nature and ex- tent of such excavation and for what purpose to be made, and shall be ac- he shall make a-epecial report to | companied with a blue print showing such council of such investigation. Section 9—The health officer shall isit and examine, or cause to be Mhitea and examined by some com- petent physician, all sick persons who shall be reported to him as suffering from small pox, cholera, or other contageous or pestilential dis- ease, and cause all infected persons to be removed to | the village pest- house or other proper places as he may deem proper, not exceeding two miles from said village, and shail ‘cause such person to be properly provided with suitable nursing and medieal attendance, food and medi- cine, at the expense of such person the nature and extent of such ex- cavation and which application shall also be accompanied with a bond running to said village of \Keewatin with at least two sufficient sureties, in the sum of at least five hundred dollars conditioned that said applicant will hold and save the village of Keewatin harmless on account of such excavation and on account of all injuries to such street, alley, high- way or public ground and also hold said village of Keewatin harmless on account of all injuries that may be suffered by amy other person or per- sons on account of such excavation, if he or she ts able to pay the same, highways or public grounds | bY imprisonment for not more than | be con- | Rot exceeding ninety days. village authority, by | 9" after its passage and publication. than twenty-five dollars nor more} |than one hundred dollars, together With the costs of prosecution, or ninety days in the village jail; and apon default in the payment of such fine and costs may be :mprisoned juntil such fine and costs be paid, Section 8.—This take effect and be ordinance shail in force from Rinses ‘this 13th day of September, CHAS. R. GRAFF, President of the village Council. Attest: J. J. ROBERTS , Village Clerk. H. R. Oct 19-26. Notice of Applicatien for Liquor License. State of Minnesota, County of Itasca Village of Cohasset.—ss. Notice is hereby given, That ap- Plications ~have been made im writ- ing to the village council of said vil- lage of Cohasset, and filed in my of- fice, praying for license to sell in- toxicating liquors for the term com- mencing on October 11th, 1910, and terminating on October 10, 1911, by the following persons and at the fol- lowing place, as stated in said appli- cation, respectively, to-wit: | In the front room, lower floor, in the Bass Brook hotel, situate on lot ten in block one (1) original plat of | Cohasset. | _ Said application will be heard and determined by said village council of the village of Cohasset at the coun- |cil room in the village hall in Itasca jcoumty and state of Minnesota, on | Thursday the 27th day of October, /1910, at 8 o’clock p. m. of that day. Witness my hand and seal of office this 11th day of October, 1910. M. H. JONES. Recorder. (Seal) HAR. Oct. 19-26. Notice For Publication. Department of the Interior, U. 8. Land office at Duluth, Minn., October 12, 1910. Notice is hereby given that Charles | North, range ‘27 county, at his office at Aitkin, Minn., on the first day of December, 1910. Claimant names as witnesses: John F. Harrington, of Hill City., Minn., Johm R. Pilgrim, of Hill City, Minn., Fred B. Smith, of Hill City, City, Minn. CHARLES F, HARTMAN. Register. H. R. Oct 19-Nov. 23. bj STATE OF MINNESOTA, COUNTY | of {tasca, District Court, Fifteenth Judicial District. An the matter of the petition and | application of ‘the Minneapolis & Rainy River .Railway. company to take and condemn certain real Property in the county of Itasca state of Minnesota, for railway purposes. _To Charles Murphy, Louis W. Me- Nair; Louis K, Hull; Agnes N. (or MeN.) Hull; - Louise P. McNair; | Henry L. Carpenter; Kate ‘G. Canp- | eller; vaniuse .eveux; Rosilda Ne- | veux; Simeon D. Patrick; First | State Bank of Deer River; Axel Ol- sen; Louis Pinette; Thomas L. Shev- | lin; Renselaer L. Horr; Canadian | Bank of Commerce; S. M. Myhbre; A. | sb, Ulair; Olette A. Johnson; E. Swedback; Backus-Brooks company; rokegama Lumver company; Henry A. brecnt; Nils Olson; Reidar OD. xovig; Mueller Lumber company; Shevin Mathieu. Lumber Company; Minneapolis Trust Company; | siugn McDougal; Simion D. Patrick; John Charles Rite and wWlitian ; aud to all otner per- sGus in iy manner interested in tne foliowing described property. | You aud each“ of you, are here noufied thal tue petition of the M geapolis & halny diver Kalway cOupany, above named, will be p | sented lo the District court in ana sor the couaty of itasca afd state of | Minnesota, on s,onday, tue Zist day | or November, 1910, at lv ociock a. | m., at the court nouse, in the Vit- lage of Grand Rapids, county of Itasca and state of Msmesota, pray-j| Ing the appointment by said court of | tnree (3) competent and disinterest- ed persons as commissioners to certain and determine the compensa: | tion to be made to the Owners, resp- ectively, of the several parcels 5 | | land hereinafter described, and to ali tenants, incumbrances or ochers interested therem, for the tusinue ur myjuriously affecting the prem hereinafter described, or,any tion thereof. The said petits filed ‘with the Clerk of the District | Court in and for said county of Itasca on the 24th day of September, | 1910, and the Objects thereot, brie! stated, are the appropriation and condemnation of certain portions of after described, for right of way pur poses, to be used by the said Minne- apolis & Rainy River Railway com- any. ‘The lands so proposed to be taken and appropriated for the purposes | aforesaid by the said petitioner, and which will be affected by such tak- mg, and which are described in said petition, are as follows: A strip of land 100 feet in width, | being 50 feet in Width on each side | of the center line of the railroad ot said Minneapolis & Rainy River Railway company, as how constructed land operated over and across tlie | southeast quanter of the southwest | quarter of section 26, township 58, west; fhe nonth- West quarter of the southeast quart- | er of section 29, township 60, north, range 26 west; the southeast quart- er of the northwest quarter of sec- tion 27, the southwest quarter of the } northeast quarter and the northwest quarter of the southeast quarter | of section 22, the southeast | quarter of the southeast quarter, the | northeast quarter of the southeast | quarter amd the east half of the} northeast quarter of section 15, the | southeast quarter of the southeast | quarter of section 10, and the north- | east quarter of the northeast~ quart- er, or Lot One (1), of section 3, all | in township 61 north, range 26 west: | the east half of the southeast quart- er of seetion 34, the northeast quart- er of the southeast quarter and the east half of the northeast quarter of section 22, the southwest quarter of the southwest quarter, the north- west quarter of the southwest quart- er, the mortheast quarter of the | southwest quarter, the southeast quarter of the northwest quarter, the northeast quarter of the northwest | quarer and the northwest quarter of the northeast quarter of section 11, the southwest quarter of the south- | east quarter, the northwest quarter of the southeast quarter, the north- east quarter of the southeast quart- | er, and the southeast quarter of the northeast quarter of section 2, all in township 62 north, range 26 west; the northeast quarter of the north- west quarter and the northwest quarter of the northeast quart- er of section 15, township 149 north, range 26 west. Dated at Minneapolis, Minnesota, ane 28th day of September, A. D., MINNEAPOLIS & RAINY RIVER RAILWAY COMPANY, By H. W. Seaman Atteat:—Fred A. Bill. Secretary. R. J. POWELL, Attorney for petitioner, 312-14 Lum- ber Exchange Bldg., Minneapolis, Minn. x H. R. Oct. 19- Nov 2. President Application for License to Seli in- taxicating Liguors. Notice is hereby given that Gust Johnson has petitioned the board of county commissioners of Itasca coufaty, Minnesota, for license . to sell intoxicating liquors for a period | of one year from the 22nd day of September, 1910. ‘ In the front room of one story building situate on Lot 4, block 9 in townsite of Snowball, Itasca coutn- ty, Minnesota. This application and any remon- stramces or objections to the grant- ing of the same will be heard anc from whatever cause or nature. Amd |B. Daty, of Hill City, Minn., who on|determined by said board of county | this 15th day of September, 1910. Wiedineaueho e Rapids, 1. county, Minnesota. may: M. A. SPANG, County Auditor Itasca County, Mu. Dated October 15, 1910. H.R. Oct 19 26. Se ae haat Application for License to Sell 1 Notion tame Lizuars, ie is hereby given that J. R. Wolfrom has petitioned the board ae | county commissioners of Itasca | ony, Mifnesota, for license to = 1 Ce liquors for a period | October, ‘eee the 17th day of | the front room, ground inst | floor sof that certain two aiiierane | building situated in the lot 1, block | >, townsite of Snowba ot sectio | 15, township 56, range 23. nl This application and any remon- strélice or objections to the grant- aS of the same will be heard and | syormined by Said board of county commissioners, at their nex ion | | T h on Tuesday the 15th day Neen : of Novem- oc fea rey sous ‘house, in the fy, Whee apids, Itasca eoun- M. A. SPANG. Coumty Auditor Itas¢ eS | Dated Oct, 15 reyes county, Minn. H.R. Oct 1 _Notice of Sealed Bi. i ao Minn., Oct 1s 1916 aa ‘otice is hereby given that sealed ids will be received by the villag council of the village of Keewatin, Up to the hour of § o'clock p. A November, 1910, for the construction | of .approximately 3700 feet of sewer, | se and specifications for Which | re nOw on file at the office of | | the village ¢leyk, Each bid must be s i with a certified check ‘tor “ta jee ss the amount of the bid Phe ‘council reserves ig ject any and all bids Dae el J. J. ROBERTS, HW Gas: Village Clerk. eS See Miosce of Seaied Bids, -, eewatin, Minn., Oct. 18, 19 aes is hereby given that Seaba ids will be received by the village council of the village of Keewatin up to the hour of 8 o'clock bp. m., Noy- ember 1, 1910, for the construction of a combined boiler and engine nouse, said house to be brick vene- er inside, four inch wide, galvanized iron outside, galvanized corrugated Astin t ea and specifications for v are naw On file i i ce village clerk, Pees ach bid to be accompanied wi 2 with Certified check for ten per as "of the amount of the bi Ae The council res. ves the right to! | reject any thd all bids. J. J. ROBERTS, Village Clerk, € of Special Election, s BEeeY given that a speci- i electiyn will be held in and the village of Keewatin, Itasca pain ty ,Minnesota, on Monday, October 31st, 1910, for the purpose of voting on the following question, to-wit: Shall the village of Keewatin build | a sewer system for said village. y Spall the echo hy of Keewatin erect , y combi; i! i ey ned boiler and engine | The polling place wi vil- inane ll be the vil | By order of the village council passed October 13th, 1910, i J. J. Eon Village Clerk, H.R. Oct. 1 aa Application for Transfer of Li:uor : License. ; To the village council ,of the village of Keewatin, in the county of Itasca and state of Miunesota—ss, | We, the undersigned, Otto John- | son and John Peterson, hereby make application to have the saloon license | heretofore granted to Thomas Weay- er by your Honorable Body, to sell intoxicating liquors in the front | room, ground floor, of the two | story frame building situated on let five (5), block sixteen (16), in the| village of Keewatin, Itasca coumty, | Siinnesota, transferred to them, the} said Otto Johnson and John Peter-| son, to carry on the said business | at above location in said village of | Keewatin and this application states and shows as a reason for such tramster that the said licensee, Thom- as Weaver, has sold and disposed | of to these applicants all his im- terest covered by said license. Said applicants pray that such transfer of license be granted to them, pursuant to the laws of the state of Minnesota and the ordinance of the village of Keewatin, in such case made and provided. Dated at Keewatin, Minnesota, this 15th day of September, 1910. OTTO JOHNSON, JOHN PETERSON, The whdersigned, to whom said above license was originally granted hereby affairms the statements herein made and asks that the said trans- fer therein mentioned may be made. Dated at Keewatin, Minnesota, THOMAS WHAVER. H. R. Oct. 19-26. RUSH TRAINING SCHOOL WORK. Girls to be Moved from Red Wing to Sauk Center Soon. Sauk Center—Mrs. Fannie French Morse, whose Massachusetts methods of training the girls in the state school at Red Wing were recently so violently assailed, has made an inspec- tion of the four cottages in course of | erection here. She was greatly! pleased with the rapidity of the con-| tractor’s work. The contractors have been notified to rush the buildings, so that the de- sire of the board of control to move the girls as soon as possible to Sauk Center from Red Wing may be real- ized. In. consequence of this rush or- | der the buildings will be completed | before the scheduled time. The plas- terers and electriciams are already at work on one cottage and the other three are rapidly nearing completion of the external parts. ‘erty employed in the state. |of the Otis decision. EXCEPTIONS ARE FILED TO THE OPINION OF THE MASTER IN CHANCERY. tN MINNESOTA RAILROAD CASES &. T. Young and E. S. Durment Acting As Special Counsei—Famous Rate Cases to Go To Supreme Court. St. Paul—Another important step ia the fight to maintain the validity ef the Minnesota rate laws was takem when general and special exceptions of the state of Minnesota to the fimé- ings of Judge Otis, special master im chancery in the rate cases, were fled j with Judge Otis at St. Paul. The general exceptions, contained ia 33 closely typewritten pages, were pre | pared by E. T. Young, former attormey general. The special exceptions, ef about the same length, were prepared and submitted by Edmund S. Durmeat Both appeared as special counsel fer the state in the preparation and trial of the case and in the exceptions filed | acted for C. F. Staples, Ira B. Mills am@ Charles E. Elmquist, members of the state railroad and warehouse commis sion, and for George T. Simpson, atte» ney general, Case an Important One. Inasmuch as the case is one of vital importance to the people of Minune sota, involving principles of state sow _ereignty and the rights of the state te regulate and control the affairs of public service corporations, the state’a attorneys have incorporated in their exceptions every material point affect ing the merits of the case which may be the possible subject of contention in the supreme court of the United States. The reasons for each excep tion are set forth at length. Direct issue is taken with Judge Otis’ findings that the state exceeded its constitutional powers in prescrib> ing the contested rates because, am the master said, such rates constitute /a direct interference with and impose a burden upon interstate commerce. The state maintains that the consti- tution gives congress control over com- merce beginning 'in one state and end- ing in another and the interstate com- merce act provides for the federal regulation of transportation carried om between different states; that the laws involved apply. by their terms only to intrastate business and do not over lap and conflict with any federal laws. Although substantive law cited in support of the constitutionality of the | Minnesota rate laws, expediency and | public policy are also urged in that a judicial finding which cripples the commerce power of a state does net enlarge the commerce power of the | nation. Judge’s Method Criticized. General exception is entered to the method adopted by Judge Otis in fix- ing the valuation of the railroad prop- This is considered the most important feature After stating that the master ignored the original investment as a measure of the valua- tion upon which they are entitled to a ceturn and also ignored the outstanding stocks and bonds of each company, which exceeded the actual investment, Mr. Young says: “He adopted the so-called cost of reproduction as the sole measure of tha value of railroad property. The plan followed by the master reduces rail road valuation to a mere exploit of the imagination. Under it the value of railroad property can be fixed at any figure which interested partieg will swear they believe it to be worth, and if such a plan is upheld by the courts, railroads can make the publia pay any rates they see fit to charge.” The attention of the master is alsa called to the fact that the actions ara brought by the stockholders and not the railroads and that a railroad stock holder has no right in law to claim a return from the public on anything more than the face of his valid stock. At the suit of a stockholder the value found cannot, according to the state’s attorneys, exceed the outstanding stocks and bonds. Another Exception Filed. Exception is filed to Judge Otis’ apportionment of interstate and intra- state freight and passenger business carried on railroad property strictly within the state. This point is re garded as of the utmost importance for on the proper and just apportionment of this business depends the property valuation which determines whether or not the rates in question in this case are confiscatory, as found by the mas- ter. The state objects to Judge Otis’ divi- sion of the value of railroad property between state and interstate businesa, both passenger and freight. It is stated that Judge Otis by charging to intrastate business an undue percent- JNCLE SAM SELLS MUCH TIMBER. Washington, D. C.—A sale of $14,785,000 feet of timber for $20,709, $30, an average price of $8.59 4 thousand feet was effected by awards which the secretary of the interior nade on the bids for the ceded Chip yewa timber in Minnesota. The bids | were submitted at Cass Lake, Minn, 3eptember. 15 last, and the average grice this year is about $2 higher than in 1903 and 1940, when timbes of a better quality was sola. moms a