Grand Rapids Herald-Review Newspaper, October 1, 1913, Page 2

VoL, XXIV. No. 12 | | GRanD Rapids, Irasca County, MINN., LUMBER GOMPANY | MUST PAY HELMER Jury Returned a Verdict for sum $2,077.38 and Interest from November 15, 1910. JUDGE DIXON NOW HOLDING COURT Claim for Death of A. O. 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 4, 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 was that Thomas Simpson secured a patent to a piece of land up above Deer River from the U.S.gov- ernment in the year 1886. He held this land without convey- ance until the year 1907, when he sold it to John 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 the lumber company on the} ( of a deed held by him | to have been made and| Ly Thomas Sir n the | c inal 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 witnesses 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 eae In order to show where he had! been during the last ten years he produced a set of daily memoranda 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 o the purported deed gave quite aj 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-j; sion the jury returned a verdich whereby the defnedant in the case, is to pay to John Helmer the sum of $2077.38 for the tinfber cut. to~| gether with inerest at the rate | of six per cent from November 145, 4910. Judge Dixon of St. Paul is con-| ducting court, beginning Monday; morning in place of Judge Stanton, because the Orth Lumber Co. de- fendant in the action which is be-| | pany to recover $5,000 damages tha | being at that time the maximum FIRST T0 INTRODUCE BABY HEALTH CONTEST ing heard asked for a change of | 4 . { juages, the ostens.:.¢ reason being! : that Judge Stanton was a | ay The case in question is one i which O. E. Jackson, acting as ad-| ; ministrator for the estate of A. 0.) Clyde brings action for damages! against the lumber company for tha death of Mr. Clyde im 1910. At that time Clyae was working for the! defendant oe ——- , re Immense Presentation of Agricultural and Horticultural Products Places | while carrying eC Material, . *) a . . across the yard fell into an open This County Easily Among thefLeading Farming Sections of State—Progress Almost Beyond Belief. hole in which several pieces of} machinery were running. The re-| sultant injuries produced death. Suit was brought against the com-| amount recoverable. Since then, however the sum recoverable for a death has been placed by the state ‘ legislature of Minnesota at $7,500. * ty Be ‘The filing of the suit by the adj Rest Room Was Most Agreeable and Highly Appreciated Addition to ministrator of the estate brought a’ Accomodahions—Football, Base Ball, Rumning Races, demurer from the tumber company | And Jumping Help Make Gar A ee attorney on some technical point. cs a That issue was taken before the! Officers Gave Excellent Service. supreme court of the state and! after a decision was given and aj new trial ordered the complaint against Judge Stanton came along.’ | i i ‘The first day of the Itasca coun-Mr. Dickinson of this village is | The case is just getting into court] “y fair was by no means propi+ always able to make good in that | on its merits. Attorney M. J. Brown tious, the weather being chilly, line. son of Chief Justice Brown of the 'ainy and raw. But in spitg of this, Henry ‘Trempler, the superiu- Minnesota supreme court and At- | those who had decided to bringtendent of grains and, grasses torney Ralph Stone of Grand Rap-, ¢Xhibits, brought them, thus evin-said he never saw a better showing | ids are conducting the case for the , “id @ determination to do theirot these articles. Wheat, barley, plaintiff. J csi in spite of any and all ad-buckwheat, oats, Blue Stem, mul- Several witnesses from a con-, Verse circumstances. ; iet, wild and tame hay and some siderable distance have been sum-| 4 few said that the fair wouldalfalfa. B.S. Booth, who conducts moned and it is probable that, the be a failure and that the foot ball one of the mos# successful small fight will be a strenuous one be- and base ball games could only beYarms near the Rapids, assisted fore concluded. The attorneys for played by the participants wearingMr. Trempler in looking after these the complaint claim a good se| bathing suits. Those who keptexhibits. saying that the hole in the ground | &°in# were well rewarded on Fri- Miss Burligame who had charge was covered and guarded as soon! ay morning for the sky had clear-of the school exhibits was on the as Mr. Clyde was injured and that'd the night before and the second ground early and all the time at- his widow and four children are ©2Y ¢f the fair was bright and tendirg! to that branch of the entitled to recompense from the elear- By the middle of the fair and answering questions con- lumber company. The defendant forenoon one could meander aroun cerning the work. She was . ably company seems just as determined comfortably in shirt sleeves, and assisted by Miss Ashton and here} : : ».q the ground had dried upso thatcorps of normal girls, Miss Cooper, that no death d:mage shall be paid. e iy F 'p girls, per, ;walking was not difficult. This instructor at th® LaPrairie scohol, 3 ee anda ene association is ( dict giving the plaintiff $4,625. s cere i ar ‘ bao % : (apa of providing a suitable Tomato elub. There were a great VENEERING PLANT }producer of agricultural, and horti=gepartment that had no place as cultural protuets as well as thefar as premiums were ¢oncerned, garden truck can show to the vest idea of what is being accomplished. ‘ef the people the progress that, j lines. The exhibits also gives th record, reporting. a yield of ' outside a definite knowledge Oof297 pounds of tomatoes from 25 | | The jury today returned a ver-| C formed for theand Mildred Lee, president of the }and convenient way whereby the :gany things shown in this school raisers of sattle, horses, hogs,put the schools presenting their FOR DEER RIVER sheep, poultry, bees, flowers andwork did it simply to give some | ard = has been made in these variou: what can be accomplished im Itaseayjnes, Miss Celia Francisco of the | a member of the Tomato club | Helen Morce made the high- | Wisconsin Factory Has Decided to Locate in Hustling Itasca County Village. fi As a result of the campaign be-| county for man’s material well-\eKinley school presented a draw- gun last spring by the Deer River | fare, The average person hardly ing that attracted much attention Commercial _ club for commercial realizes the immense benefit that-Then the maps and booklets an and industrial enterprises, thad will actually accrue from a well Or-supjects of interest in school work place is now to have a factory! dered and extensive collection ofwere quite fine. These various to- which will mean a good deal to the things that have been raised. pics treated were such as weeds, | | while here was asked about the !Spring Valley, Wis. ; Shore of White Oak lake and east the town and district. It is ave- The factory | will use basswood almost exclu- | sively in 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, has 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 ‘this fall. The site for the mnewi factory has been selected on the! of the Deer River company’s saw- mill. To use up the waste spalt or by-; product of this factory, the com- pany expects to be able to induce another company to put a plant there to manufacture excelsior, | spokes, staves and headings. They would use balsamspruce, poplar, and ‘imferior 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 ii the vicinity of Crooked lake and there is every prospect that a good-color will be struck. s 4 : It is coming to be realized more jinds of timber neering factory, and comes from) and more however, as can be seen, number of relief maps uf Min- by the increase in the number _ofpesota were also shown. The best exhibits shown this year. When , the secretary closed his books on Thursday evening there were over 2,000 entries recorded, a number far in excess of anything that has been seen at any previous Itasca county fair. The secretary, E. C. Buell is very enthusiastic over the pros- pects. He has given to the fair this season some very acceptable ser- vice and it was largely through his work that the great exhibit came. Mrs. Katherine Murchie, John Aiton and Miss Margery Sis- ler assisted the secretary in his large amount of work connected with the enrties. Under their care everything moved along without complaint. 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 “Yo and sheep. displays came from the ‘lrout lake school and the LaPrairie school. Much fancy sewing came to the collection and practically all of it wasof the very finest work. Julia Rapawy presented a fancy apron which was entirely beyond the ordinary. Many others had es- pecially handsome pieces of work. Kenneth 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 EDNESDAY OCTOBER I, 1913 Club Arranges Program, The Grand Rapids Woman's club has announced its program for the season. The study includes Jec- tures on plays and a special topic on, “The Montessori Method of Teaqhing.” Following is the program: Oct. 7 anid 14, “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,*. \ Barrie; | Nov. 25, lecture; Dec. 2 and'9, the plays of fbsen; Jan. 6 and43, “The | Man From Home,” Tarkington; Jane 20 and 27, “The Light of ‘Asia,” Ar-; nold; Feb. 3, lecture; Feby'\40 and| . 47, “The Daughter of Jario,” D’- Annunzio; Feb. 24 and: March 3 “A Fool There Was’; March 140, open meeting, Shakespeare;,. March 17, “Hero Worship,” Carlyle; March 24, business meeting. : Depot Was Burned. The depot on 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 over ‘the fact that they will get another depot, when Jim Hill wants to build it. Will Sell Damaged Timber. S. J. Colter, chief of the field di- vision of the United States land office at Duluth, has received word from ‘Yashington to the effect that the timber on government 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 the damaged timber to the office and sealed bids will them be asked. WARBA WILL GET First State Bank of Floodwood to Erect Brick Building 24 x 45 for New Institution. E. E. Klinite who resides at Warba, was .a business caller in Grand Rapids during the fair and few 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 work fur the foundation. The bank will be started by the officers of the Firsu State Bank at Floodwood, and Uiey will build a two story brick 24x45 feet in wihien 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. ° JUDGE SCORED THE was shown to its best advantage. here was a lunch cloth wihch is over 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 fact that the rye in the bread was raised by Mr. Anderson and ground at the An- 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 a 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 yards of poultry those who are in the business are keeping right up with the head of the profession. 1AITLAITIMNALA! derson mill at LaPrairie. Miss Bessie Campbell who is. on | at present.as a teacher of arts and craftg was an exhibitor of some work. Several copper de- signs were in evidence. Miss Camp- bell was at Two Harbors last ‘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 years ago the statement was free- ly made that farm products such as was shown in abundance at this fair could never be raised in Itasca county. In spite of the pes- simistic views of many, this coun- ty has been steadily progressing, until now it is admittedly among the foremost counties of the state. The best part of it is that those who have made the greatest strides (Continued on Page Six.) JURY SPONGERS A Man Who Wants to’ Serve as a One that is Wanted. Two Dollars a Year HOG CHOLERA IN GOODLAND TWP. Comm'ttee from the County Com- missioners Will Investigate Hog Dying Report. ADVERTISE AGAIN FOR BOND BIDS Road Work Occupies Major portion of Commissioners’ Time—No 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 timeand the decision was reached to advertise for bids again at a later time. The bids for the construction of State road No. 101 were opened. This hivhway 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 wanted! $2398 for doing the work and A. A. Mitchell asked for $2335. The bid was awarded to Mr. Hulburt but Mr. Dowling asked about the bidding as he desired to look into the ques- tion of bids a little. After some furhter investigation it was found that Dowling & Shea had agreed to furnish the culverts .and. in- BANKING HOUSE) icc: ster tue other vige ders had thought only of doing the work of installing them. This placed the bid of Dowling & Shea the lowest and gave them the work. Engineer Lidberg was in- 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 a half miles. Commissioners Passard, O’Briem 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. 16 in the town of Wawina. William Carlin in the town of Nore wanted a 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 Kimg, Pasasrd and Nelson will be the ommittee. An evening session was held It appears from fhe evidence that’ with Chairman King in the chair, a number of murmurs about pro-|he having arrived in the afternoon. any rate that that must be neached after hearing his remarks to Sheriff Riley the court room: last weék. fessional jury sitters must have|A license was granted to William A a weached the ears of Judge Stan-|Carlin at Nore ot sell liquor and the Grand Rapids High Shool staff} ,. quning the present term. At|one to William Sinclair is the conclusion | Club. at Ball ‘The auditor was then instructed in}to advertise for bids for the $300,- 000 county bonds voted at the spe- His remarks were nob directed | cial election. These bids will be at Sheriff Riley but to him, by|asked for im accordance with the way of caution. that the law of the state‘of Min- nesota makes it a misdemeanor for | 1913. The Judge said | specifications as stated in the re- solution of the board on August 26, The bids are to be received any man to solicit for jyrK service} at the office of the auditor until 10 or to ask any officer for the selection of ju to as- sist him to become a» i aly view of this fact the’ said that the sheriff must.’ be msible| o'clock October 28, 1913. LandjClearing Short Course. very| A short course in land clearing careful to select only men/who are|and farming for the timbered see- not anxious to of that body. igi sem tion will probably be held in the The man, ing | new library hall at the Experiment to his Honor,-who deisres to sit||farm fronr October 27 to November on the trial jury-has either an ul-)1. Superintendent A. J. McGuire terier motive or else is just a plain| has taken the matter ‘up with Dean no-account. In either case he ig|A.F. Woods and Superintendet | A. not the kind of an anticle that is| D. Wilson and a definite announce- RIIDI TrATE EYXPOSIIRE license to sell li- * nec cmnargraneciens | |