Grand Rapids Herald-Review Newspaper, October 1, 1913, Page 1

VoL, XXIV. No. 12 LONER COMPANY MUST PAY HELNER Jury Returned a Verdict for sum / $2,077.38 and Interest from November 15, 1910. JUDGE DIXON NOW HOLOING COURT Claim for Death of A. 0. Clyde Against Orth Lumber Company is Receiving Attention of Jury and Court. The suit instituted by the Min- nesota Cedar & Logging Co. against the Minneapolis & Rainy River railroad was decided adversely to the railroad on Friday by the award of damages tothe amount of $1,543, and interest from Dec- ember 1, 1910. Following that suit the - next to be taken up was the damage suit against the Shevlin-Matthews Lum- ber Co., brought by John Helmer. The claim of the plaintiff that Thomas Simpsom secured @ patent to a piece of land up above Deer River from the U. 8.gov- ernment in the year 1886. He held this land without convey~ ance until the year 1907, when he sold it toJohn Helmer and gave a quit claim deed. This deed was recorded im September of that year. Nothing was done by way of taking the timber product from the land until November, 1910. At that time the Shevlin-Matthews Lumber Co. cut the timber con; sisting of White pine, norway pine, spruce and tamarack. They claim- ed to have the right to do so by virtue of the» fact that. they. possessed a timber title given to them by one J. D. Campbell of Duluth. He made the timber title} over to the lumber company on the) strength of a deed held by him and said to have been made and ed by Thomas Simpson, the al patentee, im the state of Arizona. Relying on the timber | title given to the lumber company by Mr. Campbell they cut the tim- ber in 1910. The lumber company had paid Mr. Campbell the sum of $700 for the timber title. After the timber had been cut and disposed of Mr. Helmer came with _ his deed made over to him in 1907 by Thomas Simpson and asks dam- ages from the lumber company for the timber so cut. He at first asked for tripple damages because of wilful cutting of timber. This claim was afterwards dropped and the claim for the actual worth of the timber was all that was asked. Several witmesses were produced to show that the actual value of the timber taken off was in fact about $2,000 instead of $700 as paid by the company. This constituted the measure of damages collectable from the lumber company if any should be collected, together with interest at the rate of six per cent interest from the date of the cut- ting on November 45, 1910. Thomas Simpson was on the witness stand im behalf . of the plaintiff and he said that someone forged his name to the deed dated and supposed to have been exec- uted in Arizona whereby he sold the land to Mr. Campbell. He said that he had not been in Arizona. In order to show where he had been during the last ten years he produced a set of daily memoranda n | pany to recover $5,000 damages tha was |, books with each day's happenings written therein. Considerable con- troversy centered around the mem oranda books but the fact that Campbell had not made a record 0 the purported deed gave quite a lot of credence to the claim that such paper might not be genuine. Just who was deceived seems a little hard to tell. After a short deliberaitve ses- sion the jury returned a verdict whereby the defnedant in the case is to pay to John Helmer the sum of $2077.38 for the timfher cut. to~ gether with inerest at the rate of six per cent from November 45, 4910. Judge Dixon of St. Paul is con- | ducting court, beginning | Monday; morning in place of Judge Stanton, because the Orth Lumber Co. de | prospect that a good-color will fendant in the action which is be- GRAND Rapids, Irasca County, Minn., WepNespAy OcropeR 1, 1913. ing heard asked for a change of , a) A p juages, the ostens.:.¢ reasom being! Teil that Judge Stanton was prejudiced: | i , The case im question is one . in against the lumber company for tha death of Mr. Glyde im 1940. At that time ,Clyae was working for the defendant lumber company and while carrying some material across the yard fell into an open hole in which machinery were running. sultant injuries produced death. Suit was brought against the com- which O. E. Jackson, acting as ad- 4 ministrator for the estate of A. O. 4% Clyde brings action for damages| ; 7 ‘. being at that time the maximum amount recoverable. Since then however the sum recoverable for a death has been placed by the state! legislature of Minnesota at $7,500. The filing of the suit by the ad- | ministrator ofthe estate brought a demurer from the lumber company attorney ,on some technical point. That issue was taken before, the supreme court of the siate and after a décision was given and a} new trial ordered the complaint: The case is just getting into court on its merits. Attorney M. J. Brown son of Chief Justice Brown of the Minnesota supreme court and At- torney Ralph Stone of Grand Rap-, ids are conducting the plaintéff. ) Several witnesses from a con- siderable distance have been sum- moned and it is probable that the fight will be a strenuous one be- fore concluded. The attorneys for the complaint claim a good case saying that the hole in the ground was covered and guarded as soon. as Mr. Clyde was injured and that his widow and four children are entitled to recompense from the lumber company. The defendant company seems just as determined that no death dxmage shall be paid, The jury today returned a ver- dict giving the plaintiff $4,625. VENEERING PLANT FOR DEER RIVER Wisconsin Factory Has Decided to Locate in Hustling Itasca County Village. As a result of the campaign be- case for the {gun last spring by the Deer River Commercial club for commercial and industrial enterprises, thad place is now to have a factory which will mean a good deal to the town and district. It is ave-| neering factory, and comes from Spring Valley, Wis. The facbory will use basswood almost exclu- its work, and as the tim- ber is scarce now in Wisconsin! the firm, after looking over the, immense tracts of basswood near Deer River, his concluded to move there. Secretary Moran some time ago received word from the com- pany that they were dismant- ling their plant and will ship it ithis fall. The «ite for the MeWigeason some very acceptable ser- factory has been selected on the | vice and it was largely through shore of White Oak lake and east’ his work that the great exhibit: of the Deer River company’s saw- mill. To use up the waste spalt or by-;jer assisted the secretary in hi : ary in his product of this factory, the com-|jarge amount of work connected pany expects to be able to induce| with the enrties. Under their care another company to put a plant there to manufacture excelsiar, complaint. spokes, staves and headings. They would use balsamspruce, poplar, and inferior timbers, such as -balm of gilead. . Football Score A Double Nil, ‘The toot ball game Sunday be- tween Grand Rapids and Bemidji resulted im a tie, Neither side, scoring. .R. F. Patton and Mayne Stanton, who did the refereeing, had their hands full.at times to keep the game in proper bounds. Canoeing Down Mississippi George Ghezoni, C. Mattson, and N. Eacobacci, three young | men from St. Paul passed through here this week on their way from Be midji to St, Paul, traveling | by canoe down the river. They were looking for good fishing. Drilling in Balsam The Rein Brothers, a drilling outfit at Bovey, are in Bal- sam township drilling for ore. ‘They are now fi the vicinity of Crooked lake and there is every be several pieces of} The Te ‘FIRST TO INTRODUCE BABY HEALTH CONTEST ‘Rest Room Was Most Agreeable and Highly Appreciated Addition to against Judge Stanton came along.| ‘The first day of the Itasca coun-Mr. Dickinson of this village is Immense Presentation of Agricultural! and Horticultural Products Places This County Easily Among thefLeading Farming Sections of State—Progress Almost Beyond Belief. Accomodahions—Football, Base Ball, Rumning Races, And Jumping Help Make Fair A Success— Officers Gave Excellent Service. lity fair was by no means propi+ always able*to make good in that tious, the weather being chilly,line. rainy and raw. But in spitg of this, “Henry ‘Trempler, the superiu- those who had decided to bringtendent of grains and grasses exhibits, brought them, thus evin-said he never saw a better showiug cing a determination to do their of these articles. Wheat, barley, es in spite of any and all ad- buckwheat, oats, Blue Stem, mil- verse circumstances. let, wild and tame hay and some A few said that the fair wouldalfalfa. B.S. Booth, who conducts The Grand Rapids Wom club has announced its program. Teaghing.” Following is the program: Oct. 7 and 44, “The Return of. Peter Grimm,” Belasco; Oet. 24, “Stones of Venice,” Ruskin; Oct. 22, Kipling; Nov. 4, “The Montes- sori Method of Teaching} Nov. 44 and 18, “Everywoman,’,\Barri Nov. 25, lecture; Dec. 2 ‘9, the plays of fbsen; Jan. 6 and)33, “The Man From Home,” Tarkington; Jang 20 and 27, “The Light of Asia,” Ar- nold; Feb. 3, lecture; Féb40 and 47, “The Daughter of Japio,” D'- “A Fool There Was”; rch 40, open meeting, Shakespeare; March 17, “Hero Worship,” Carlyle; March 24, business meeting. : Depot Was Burned, \: The depot om the Great Northern at Swan Lake was burned\.to the ground last week. It was mot'a very large structure and not,very well kept so that the loss was\mot con- siderable. The people’. around there are rejoicing oven\\the fact that they will get another, depot, when Jim Hill wants to build it. Will Sell Damaged Timber. S. J. Golter, chief of the field di- vision of the United States land be a failure and that the foot ballone- of the most successful small and base ball games could only befarms near the Rapids, assisted played by the participants wearingMr. Trempler in looking after these \bathing suits. Those who keptexhibits. going were well rewarded on Fri- Miss Burligame who had charge day morning for the sky had clear-of the school exhibits was on the led the night before and the second ground early and all the time at- cay of the fair was bright and thedicy to that branch of the ‘elear. By the middle of the fair and answering questions con- forenoon one could meander aroun cerning the work. She was. _ably comfortably in shirt sleeves, and assisted by Miss Ashton and he: ‘the ground had dried up so thatcorps of normal girls, Miss Cooper, walking was not difficult. This instructor at th LaPrairie scohol, association is formed for theand Mildred Lee, president ofthe purpose of providing a suitable Tomato club. There were a great and convenient way whereby tbe, things shown in this school producer of agricultural, and’ hortis ‘tment that had-no place —as* | cultural products as well aS the iraisers of sattle, horses, hogs,put the schools presenting their sheep, poultry, bees, flowers andwoi did it simply to give some tgarden truck can show to the rest idea of what is being accomplished. | ‘ef the people the progress thatas a member of the Tomato club , has been made in these various Miss Helen Morce made the high- | ilines. The exhibits also gives thst record, reporting. a yield of joutside a definite knowledge of 297 pounds of tomatoes from 25 ; what can be accomplished im Itascayines, Miss Celia Francisco or the jcounty for man’s material well- McKinley school presented a draw- fare. The average person hardly ing that attracted much attention, ‘realizes the immense benefit thathen the maps and booklets about will actually accrue from a well Or-subjects of interest in school work dered and extensive collection ofwere quite fine. These various to- |the things that have been raised. pies treated were such as weeds, It is coming to be realized more ;inds of timber ~-‘‘te and. sheep. | and more however, as can be seen 4 number of relief maps uf Min- by the increase in the number _ofnbsota were also shown. The best | exhibits shown. this year. When gisplays came from the ‘Lrout lake the seeretary closed his books 0M sehool and the LaPrairie school. Thursday evening there were Over Much fancy sewing came to the 2000 entries recorded, a number? cojjection and practically all of far in excess of anything that has j, was of the very finest; work. | been ceen at any previous Itasca jylig Rapawy presented a fancy county fair. apron which was entirely beyond _ The secretary, E. C. Buell i8 the ordinary. Many others had es- very enthusiastic over the Pros- pecially handsome pieces of work. pects. He has given to the fair this|enneth Russel brought the big squash which was raised om his own plot of land in Grand Rapids. Mrs. H ad charge of the devartmert of Househald and Fine Arts under the skillful di- rection of Mrs. Stark each article was shown to its best advantage. came. Mrs. Katherine Murchie, John Aiton and Miss Margery Sis- everything moved along without] »ver 100 years old owned by Mrs. Sarle. Mrs. D. €. Anderson exhi- bited a loaf of rye bread which attracted much attention. This was largely dut to the facet that the rye in the bread was raised by Mr. Anderson and ground at the An-> derson mill at LaPrairie. Miss Bessie Campbell who is. 01 the Grand Rapids High Shool staf: at present as a teacher of arts and craftq was an exhibitor of some work. Several copper de- | In the live stock exhibit there ' were about 80 head of stock. Thi is the greatest number of animals that have ever been shown at an Itasca county fair and the increase thus recorded is a great inspiratio to those who have had the matter ir charge. P.P. Elliott had charge of this department and was as- sisted by Peter Haines. The exhibits for the prize on 4 ‘dairy herd were made by two herds, those of A. M. Sisler and J. D.Hinegardner. Last year Mr. Hinegardner won this prize and this season it was given to Mr. Sisler. There will be much interest in this particular entry next year. Mr. Sisler has a fine herd and so has Mr. Hinegardner but it is likely that they will not be the only seekers after this honor the next time. The poultry show was not slow and in addition to the poultry shown there were a number of other animals for special prizes. While there are comparatively few bell was at Two Harbors Inst. year doing shool work. The general display of fruit, vegetables corn and garden truck ‘was beyond all measure the great- est that Itasca county has ever seen assembled. Not so very many fair could never be raised in Itasca county. In spite of the pes- simistic views of many, this coun- ty has been steadily progressing, ar as premiums were Concerned, |~ Lhere was a lunch cloth wihch is| signs were in evidence. Miss Camp- the court room: last years ago the statement was free-| office at Duluth, has received word from ‘Yashington to the | effect that the timber on gov menit lands outside of national ‘forests, which was damaged by fire prior to March 4, 1913, may be sold to the highest bidder. Timber cruis- ers of the general land office will make inspection of fire swept tracts, report their estimate of WARBA First State Bank of Floodwood to Erect Brick Building 24 x 45 for New Institution. E, E. Klinite who resides Warba, was .a business caller in Grand Rapids during the fair and while here was asked about the sew banking institution that is to begin operations in that town soon. He said that a contractop was over Thursday contracting for teams to do the excavating worl for the foundation. The bank will be started by the officers of the Firsu State Bank at Floodwood, and Uey will build a two story brick 24x45 feet.in whieh to house the bank. The structure .ig to be erected on a lot at the side of the Western hall. Just how soon the new bank will be in operaiton is not known as yet. M. W. Hingeley is the cashier of the Floodwood bank, which has a capital of $10,- 000, surplus $2,000 and ‘resources $52,000. This will be‘a.gerat aid to the development of the\ vicinity around Warba. Vie ————— JUDGE SCORED. JURY SP A tah , A Man Who. Wants to’ Sieve as a Justice Dispenser is. One that is Wanted. It appears from fhe evic a number of murmurs’ about pro- fessional jury sitters ,must have weached the ears of Judge Stan- ton during the present, term, At any rate that is the ednclusion that must be reached his remarks to Sheriff the | ley in His remarks were nob at Sheriff Riley but way of caution. The that the law of the nesota makes it a any man to solicit for - |tion will probably be held in the the season. The study includes lec- PN Fe as Packs tures-on plays and a special topic) : ‘ 2 on, “The Montessori Method of| ~ is am Annunzio; Feb. 24 and: March 3, Road Work Occupies Major portion of Commissioners’ Time—No Culvert Contracts Let-— Two Liquor Licenses. The County ommisionesrs met in regular session on ‘September 25th. Commissioners Pasa,srd, O’Brien and Nelson were present. ‘ On account of the absence of Chairman King, Commissioner Pas- sard presided. All bids for the furnishing of culverts were passed this time and the decision . was reached to advertise for bids again. at a later time. 44 The bids for the construction of State road No. 101 were opened. This hiehway is about three miles from Deer River. George Hard-. ing put ina lump sum bid of $41- 85, Dowling & Shea would do the work for a lump sum of < $2550, William Hulbert wante | for doing the work and A. A. Mitchell - asked for. $2335. The bid was awarded to Mr. Hulburt but Mr. Tel the damaged timber to the office | nowling asked about the biddi hesthaghed bide til! het he agcéd, the "ams antec wee tion of bids a little, After some furhiter investigation it was found that Dowling & Shea had agreed 4o furnish: the culverts. and. in- he 2 ders had thought only of doing the work of installing them. This placed the bid of Dowling & Shea the lowest and gaye them the work. Engineer Lidberg was in- at structed to survey and report Coun ty road No, 133, beginning at the south quarter post, section 6, town- ship 54, range 23, running on west across the bog to the high land a distance of one and @ half miles. | ; Commissioners Passard, O’Briew and Nelson were appointed as a committee to examine and report- on County road No. 91, south of Swan River, County road No. 90, known as the Feeley-Bruce road — and County road No. 46 in the town of Wawina. 5 : William Carlin in the town of quor. A remonstrance was pre- sented asking that the license be not granted and as a settlement of this seemed ot be a good ways off the commissioners decided to pass the consideration of the matter until another session. - Engineer » Lidberg was also in- structed to survey and report on County road No. 138 in township 54 range 24. The report that hog cholera has made its appearance in the vicinity of Goodland was considered by the board and a committee of three was selected to look into the matter; Commis- sioners King, Pasasrd and Nelson will be the ommittee. ~ he having arrived in the afternoon. A license was granted to William Carlin at Nore ot sell liquor and one to William Sinclair at Ball Club. : f ‘Mhe auditor was then instructed to advertise for bids for the $300,- 000 county bonds voted! at the spe- cial election. These bids will be asked for in accordance with the specifications as stated in the re- - | solution of the board on August 26, - 1913. The bids are to be received o'clock October 28, 1913. A short course in land clearing and farming for the timbered sec- 'ADVERTISE AGAIN FOR BOND BIDS. * bids Nore wanted a license to sell li- * that’ with Chairman King in the chair, atthe office of the auditor until 40 om