Newspaper Page Text
Decision Filed This Morning By Judge
Stanton Gives Vote as 1,463 to
1,460 For J. 0. Harris.
THE COURT DECIDES QUESTIONS
Says Moon Had Access to Vault at all
Times But that Harris Occasion
ally Entered-Did So. Dec. 11
NO CHANGE FOR TWENTY DAYS
General Opinion Is That The Case
Will Be Carried to the Supreme
Many Counts Different.
TO TAKE FURTHER ACTION
E. E. McDonald, one of Mr. Har
ris' attorneys, stated this afternoon
that steps would be taken to get a
new trial here or the matter before
the supreme court.
The Finding of the Court.
"That at said general election in
said county the aggregate number of
voted cast for each of the parties
hereto for the office of register of
deeds was as follows, to wit: For
C. O. Moon, the contestant, 1,463:
For J. O. Harris, contestee, 1,460. It
finds as conclusions of law that the
said contestant, C. O.Moon, Is en
titled to judgment herein adjudging
and declaring that he, the said C. O.and
Moon, was at the general election on
Tuesday, the fifth day of November,
1912, duly elected register of deeds
in and for said county for the term
beginning on the first Monday in
January 1913, and that he is en
titled to said office.
"Let judgment be entered accord
ingly after twenty days from the
C. O. Moon was elected register of
deeds of Beltrami county at the last
general election by three votes ac
cording to a decision filed this morn
ing by Judge C. W. Stanton. The
decision provides that judgment for
Mr. Moon be entered in twenty days.
According to the returns of the can
vassing iboard, J. O. Harris, was de
clared elected by a majority of five
It has generally been understood
that the case would be carried to
the supreme court by the losing side.
Should such an appeal be taken by
Mr. Harris, he will retain the office
until the appeal is settled. Should
the decision of the supreme court be
adverse to Mr. Harris, it is probable
that Mr. Moon will have an action to
recover fees collected in the in
Inspectors Named Nov. 25.
The notice of the contest on which
the present, action is based was filed
by Mr. Moon November 25 and asked
that inspectors be appointed to exa
amine the ballots. It was so ordered
by the court and Thayer Bailey, act
*ed for Mr. Harris, F. S. Arnold for
Mr. Moon and two selected Fred
Rhoda, clerk of court, as the third.
The inspectors reported on December
12 and made a supplemental report
on December 19. Attorneys for Mr.for
Harris appeared before Judge Stan
ton on November 29 and December
4 and filed written objections to fur
ther proceedings but in each case
The case was called to trial Dec
ember 19 at an adjourned session of
the September general term and at'
that time Mr. Moon was allowed to
file an amended notice of appeal in
which the towns of Frohn and Grant
Valley, whose ballots had been found
to be missing, were omitted from the
general allegation of error. Mr. Har
ris' amended answer stated that there
was an error in these two towns.
Testimony was taken until December
24 and on January 11, attorneys for
the two contestants made their final
Judge Stanton's decision, in speak
ing of the Frohn and Grant Valley
precincts, says that the testimony of
every member of the election board
of these towns confirmed the accur
acy of the official returns. The coun
ty canvassing board's report was al
lowed to go in uncontested by the at
torneys for the contestee, Mr. Harris.
No Suspicion on Moon.
|In speaking of the fact that Mr.
Moon, as deputy county auditor, had
access to the ballots since they were
placed in his care, the court quotes
from an Iowa case that the mere op
portunity to tamper with the ballots
ie a suspicion
C. 0. MOO N DECLARE DUL ELECTE
REGISTE O DEEDS O THIS COUNT
were so touched by the deputy coun
Judge Stanton, in his decision,
finds the following as facts on which
the decision is based:
1. That both G. O. Moon and J. O.
Harris were qualified voters at the
last election and that their names
appeared on the ballot for the office
of register of deeds.
2. That the report of the canvass
ing board indicated that the vote cast
for J. O. Harris was 1,463 and for C.
O. Moon was 1,458, and that a cer
tificate of election was made out and
delivered to Mr. Harris.
3. That C. O. Moon has been dep
uty county auditor for three years
and has had unrestricted access to
the vaults and files and knowledge of
the vault combination.
4. That Mr. Moon handled many of
the packages of ballots when received
by messenger, mail or express and
that the ballots of every precinct
were in the same condition when re
ceivedtoythe auditor as when cast by
5. That when the packages were
opened they were piled in the "com
missioners' room" and that the room
was constantly occupied by Mr. Moon
in the discharge of his duties as dep
6. That the ballots remained in the
room while the canvassing board was
at work that Auditor George sealed
and filed them in his vault from
three to five days later and that the
ballots of Frohn and Grant Valley
were so placed in the auditor's vaults.
Harris Entered Auditor's Vaults.
7. That the auditor and his depu
ties had access to the vault, at all
times and the clerks during business
hours that other county officers had
access to the vault and that J. O.
Harris occasionally entered the vault
did so enter the forenoon of De
8. That the inspectors started the
recount December 10 taking the bal
lots, a few at a time, from the audi
or's vault to the commissioners room"
that the ballots were sealed with the
auditor's seal which was intact on.
each tlwtt4^became ittown-'Bfecein^i
ber 11 that the ballots of Frohn and
VOLUME 10. NUMBER 231. BEMIDJI, MINNESOTA, MONDAY EVENING, JANUARY 27, 1913.
RESUM E FIGHTIN
Gran Valley were missing and that
they they have not been seen since
that the recount of the inspectors did
not include Frohn and Grant Valley.
9. That in fifty-two of the pre
cincts of the county the vote stood,
Harris 811 and Moon 880 that the
Second ward in Bemidji cast 138 for
Harris instead of 137 that the Third
ward cast 71 instead of 72 for Moon
that the Fourth ward cast 98 instead
of 97 for Harris that Nymore cast
44 instead of 43 for Harris that Bat
tle cast 17 instead of 16 for Harris
that Baudettecast 101 instead of 102
for Harris, and 47 instead of 46 forlegislature
Moon that Blackduck cast 108 in
stead of 107 for Moon that Chilgren
cast 8 instead of 7 for Moon that
Hornet cast 4 for Harris and 18 forin
Moon instead of 5 for Harris and 17
for Moon that Jones cast 5 for Har
ris and 16 for Moon instead of 4 for
Harris and 15 for Moon that Lan
gor cast 7 for Harris instead of 8
that Moose Lake cast 21 instead of
20 for Moon that Tenstrike Center
cast 36 instead of 41 for Harris and
that the Tenstrike error was due tobar
10. That the Frohn and Grant Val
ley ballots were removed from the
auditor's vaults by an unknown per
son on or before December 11.
Vote in Missing Precincts.
11. That in Frohn the vote was 17
Harris and 27 for Moon.
12. That in Grant Valley the vote
was 17 for Harris and 25 for Moon.
13. That no one had opportunity
to tamper with the ballots during the
time they were in his vaults but
the auditor, Mr. Moon and H. W. As
The decision also finds as facts
that in several instances judges of
election failed to follow the letter of
Mr. Harris was at his office in the
court house this morning for
first time since January 4 as he
been confined to his home with a
Sfcutve. TWeet Ae-
wrm LA CHWPE, PO.
(^Mt. re 6re.T A WHOLE.
^-~^Poe OOT"OT= rr^
Vienna, Jan. 27.Trieste has re
ceived a message from Constantinople
asserting that Turkey has opened
hostilities along the Tchatalja line.
Constantinople, Jan. 27.Gravest
apprehension of further and more
serious disorders last night was felt
throughout Turkey. There was a
well defined rumor that a counter
revolution was planned to overthrow
the Young Turks who seized the porte
two days ago after killing Nazfon
Pasha, commander-in-chief of the
It is a matter of general knowledge
that many of the most influential of
ficers of the Turkish army are bitter
ly opposed to Enver Bey and his
methods and the newest revolution
ary plot is said to have the backing
of the soldiers now at Tchatalja.
The militarists credited with plan
ning the counter-revolution fear the
influence of Enver Bey. They believe
that he is too radical as well as too
ambitious. They believe that he
means to make himself absolute dic
tator of Turkey if possible and that
practical anarchy would follow the
success of his schemes.
O. L. Lindh, state scale inspector,
was testing scales in the village this
The Ladies* Aid will meet with
Mrs. McGhee next Wednesday after
There will be a taffy pull at the
Guild hall Saturday night.
S. E. Thompson went to Minneap
olis on business this week.
A progressive euchre party was
given at the farm residence of Mr.
and Mrs. L. J. Duer Friday evening.
A fine lunch was served. All report
an anjoyable time.
Mrs. C. J. Wild has returned from
an extended visit to her old home
Mrs. E. E. Schulke returned from
Montevideo, Minn., Sunday morning.
Miss Marjorie Knappen, teacher in
public schools at Bemidji, came to
Tenstrike Friday evening
v/eek-end^itMier ai*ntto Mrspend
John Zeck and family left for Chi
cago Monday morning.
Knute Strand and Guy Stevens
were trading in the village Saturday.
Miss Ilah Erickson returned home
from Margie where she has been
visiting her sister, Mrs. Draper.
Harold Heroux came in Saturday
evening and Returned Monday morn
ing to Big Falls, where he holds a
position with a timber company.
TO BAR THE COMMON CUP.
A bill has been introduced in the
by Senator Marden' of
Clay county, prohibiting the use ofDuluth
the common drinking cup in all pub
lic places in Minnesota. The bill is
the hands of a committee and may
be acted upon within the next week.
Should the legislature enact the
measure into law, the roosting place
of many billion disease germs will be
destroyed and a lot of infection, suf
fered by the people avoided. America
laughed at Kansas a few years ago
when the Sunflower state placed a
against roller towels, but after a
report was made on the number of
disease germs that lurked in some of
them, persons became sober and
thoughtful as they turned to the
drinking cup. More investigation,
and this hypothetical question fol
"If one and one-third million bac
teria can dwell together in peace and
harmony on one-third of a square
inch of a roller towel, how many bac
teria can be imparted to an area of
one square inch on the edge of a
common drinking cup?"
The common drinking cup is even
more deadly and dangerous than the
roller towel because from it germs
left by diseased persons are carried
directly into the mouth, while from
the towel they are only rubbed upon
the outside. Should the Marden bill
passed, the common drinking cup
be prohibited in all depots,
public halls, office buildings and
(Continued on last page).
Wl-m NIMBLE FEET OSEC"n
W. BUHW MUCr AN* FRISCO Q*|
BOT NOW By 4*Stt STOM8VE SUP
MV BftC* WVMsEV* SKIDfin'UP" XTWF1
i A Dttt-f HCAO AND ACHINfir
\6 SPEAK A, SiQMJBg UK&mtptFL,
LEGISLATURE IS -QUIET
Three Weeks Have Paised Without
Startling Developments in Bills
Passed on Investigations.
SOME ORATORY SAID COMING
By United VrM.
St. Paul, Jan.
parsed, w^jth^ut any -stas&Ung. devel
opments in the matter of legislation
passed or invesigations conducted.
It is evident, however, from the
matters pending, that this week will
inaugurate the real excitement of the
First of all, tEere is the womans'
suffrage bill, which has been made a
special order of business and which
will undoubtedly come to a vote in
the senate Tuesday morning.
The grain probe committee, headed
by Rep. C. M. Bendixen, promises to
subpoena prominent board of trade
members in St. Paul, Minneapolis and
to see why farmers cannot
gain membership. Also whether or
not terminal elevators juggle the
grades of wheat, and whether it is
with the approval or connivance of
the state grain inspection depart
The Coates-Gillman contest will
very likely be decided early in the
Open meetings of the committees
having under consideration the ton
nage tax, public utilities and work
mens' compensation bills, promise to
furnish some variation from routine
business during the week.
It seems to-be generally believed
that reapportionment will not come
before either the house or senate be
fore Febuary 15. In the meantime
the various forces are lining up their
recruits, or converts, and a flow of
oratorical ammunition is being stored
up to enliven the later days of the
sessions. ADELBERT SENEAR ARRESTED
Adelbert Senear was in police court
this morning on a warrant sworn out
by Martin Brown and served by De
puty James Cahill. Brown said that
Senear threatened to "crucify" him.
Senear was released 'and his case put
over ten days in order that he might
go to Grafton, N. D., to appear as a
witness in a case in which Joe
SteidI is interested.
INTO N HAWKMVNOSCX tw
\VfiL MEW BR0PS WW SMptKJS
BAR* NOT feVENTAKfc. A HIP.
BOWS "WtGOLDVKW. OH MYUfO
CAUJED UP HOC ,To ftETHS
27.3!faree weeks of
NOW, WHAT WOULD YOU DO?
TA FIGURES FRO OTHE CITIES
City Clerk George Stein has compiled the following table after having
written county auditors, -in which the cities are located, for the tax figures.
The able shows that one reason Bemidji's taxes are high is that the county
tax is double and treble that of other counties. This is largely caused by
the large bonded indebtedness necessary to care for the ditch work being
done. Another reason is that the school tax is high as the city has twenty-
five per cent of all the children in school in this county.
Popu- Proper. Schools. County. State.
CITY. lation. Mills. Mills. Mills. Mills.
Rochester 8,000 22.55 16.55 4.32 3 58
Crookston 8,000 20.10 28.90 5.32 3 68
Mankato.. 11,000 19. 10. ,5.32 3.58
LittleFalls 7.000 17.71, 19.75 8.84 3 58
Red Wing 10,000, 17.35"" 1,2.55'' -'-r 5.02 3.58
Austinv....y,.- 7,000 16.80^ 15 30' 5^52 3.58
BEMIDJI 6.000 16-50 20 1642 3 58er
Owatonna 6,000 15.70 15.50 5.22 3--68
Albert Lea... 6,000 13. 21.86 4.47 3 58
Brainerd 9,000 10.66 17.84 -8.92 3*58
Virginia 10,000 20*.30 10.30 3.58 3!58
Andrew Shaw went to Blackduck
The Literary society held its meet
ing at the Murray school on Tuesday
evening. The following program was
Recitation .Lucille Thorn.
Essay, Robert Burns,.. .Eva Murray
Reading, "To Mary in Heaven"..
Recitation, "That Old Sweetheart
of Mine" Miss Anvld.
Address, "Love".. .R. M. Oossentine.
Mrs. Jake Miller visited friends in
Blackduck for a few days, and rebishop
turned to her home on Thursday.
Mr. Teneyck and sons came from
Quiring on Wednesday to put up the
wire and telephones at Shooks, also
in the houses of J. S. Tope, R. Shaw,
J. D. Bogart and the two school
It was reported on supposed good
authority, that the telephone wire
was completed to Funkley. This is
MRS. MADGE C. BASK DEAD
Mrs. Madge C. Rask, a dressmaker
of this city, died at her home Satur
day morning. The body has been tak
en to Freeborn, Minnesota, for burial.
Mrs. Rask was married in 1912 and-is
mourned by her husband. She was a
member of the Methodist church and
a taecher in the Sunday school.
ELKS' CLUB IS DESTROYED.
St. Louis, Jan. 27.The Elks club,
a three-story building, was destroyed,
three firemen were killed and scores
of persons had narrow escapes from
death in a stubborn fire at East St.
Louis late last night. The dead: Lieu
tenant John Conner, Pipeman John
Ford and Fireman Joe Croners.
The City Editor Was Feeling Rather Grippy Himself By "HOP
Boss-x'u. UET vou
CATHOLICS RAISE $100,000
St. Paul, Jan. 27.A purse of
$100,000, the gift of friends and ad
mirers, much of it in contributions .of
from $1 to $25, was presented to
Archbishop John Iceland Saturday
night at his residence here, while his
close friend, Bishop James McGolrick
of Duluth, stood beside him.
Paul Doty, chairman of the gift
Committee, headed a group of fifty
persons and presented the gift on
half of the donors. Bishop J. J. Law
ler and a group of priests were pre
sent. The fund given to the arch
is to be devoted by him
raising the dome of the cathedral
which is being built for the archdio
cese. After the presentation and
reply, an informal luncheon was
served. Archbishop Ireland predicted
that the cathedral would be complet
ed before 1915.
U. C. T. PARTY FRIDAY
The local council of the United
Commercial Travelers of this city will
give a dancing party at the city hall
Friday evening, January 31. This
will be the last dance before the
opening of Lent and the committee
anticipates a record breaking attend
ance for this dance.
Special music, dances and refresh
ments are being prepared for this oc
casion. The affair will be strictly an
invitation event and admission will
be extended only to those who have
been invited or who have been recom
mended by a member of the local
Mrs. J. Peterson, Jr., left for
Barnesville to attend the funeral of
her mother who died Friday after
noon at the age of eighty-nine years.
TEN CENTS PER WEEKF^^i
CASS LAK E HAT
A $15,000 FiRE
Finishing Boom of the Northland
Pine Crating Company Burned
WILL BRING MEN TO VEXUm
Plant Here to Be Bun at Poll Capac
ity in Order to Care For Orders
Which Are Now In.
A FIREBURG IS SUSPECTED
Factory Has Been Visited By Many
Blazes Since Its Establishment
Rebuild With Concrete.
Spaeial to Th* VioMwr.
Cass Lake, Jan. 27.Fire Satur
day night destroyed the finishing
room of the plant of the. Northland
Pine Crating company and entailed a
loss of |15,000. Officers of the com
pany are not certain there is any in
surance on the part burned as an in
surance policy was pending.
Owing to the fact that the company
has a large amount of orders ahead,
enough men will be taken to the Be
midji Box factory, which is owned by
the same people, to run that factory
at full capacity and so practically
double its output. E. S. Kenfield,
manager of the Bemidji plant, came
here Sunday to investigate.
There have been five or six fires at
this plant since it was built a teig
years ago and insurance companie|
have been wary about writing a lin|
on the building. The Chicago repw*'
sentative of tne company was ne
gotiating for insurance about ten
days ago, hut it is not certain wheth
or not^h^'had he policies'atTtb*
time of the fire.
It will be remembered that a few
days before the federal court at Su
perior held H. N. Harding, a local in
surance agent, responsible to the
Liverpool and London and Globe in
surance company for over $2,000 for
a policy which the company had ord
ered canceled,, but which the agent
did not promptly do and caught a fire
at this same plant for the amount of
the policy. The Crating company
sued the insurance company and re
covered and then the insurance com
pany after several years in court re
covered judgment against the agent.
Suspect a Firebug.
The frequency with which fires
occurred at this plant have
forced the citizens of Cass Lake and
the company to the reluctant conclus
ion that there is a firebug working to
the plant. The company has
always suffered financially to quite
an extent at each fire but have al
ways rebuilt the burned part. After
the fire immediately preceding this
one which was in the boiler room, the
company began the policy of rebuild
ing of fireproof material.
Mr. Oman stM^s that in line with
the policy of the company the de
stroyed portion of the plant will
probably be rebuilt of either steel or
concrete at once. The engine room,
boiler room, saw mill office and dry
kiln were not injured by the fire.
T'.cre was no lite of any kind in
the destroyed building prior to the
discovery of this and Mr. Oman states
he haa two men at work all day yes
terday thoroughly cleaning up the
entire building of all kinds of litter
and there seems no possible chance
for the fire to have started except by
the act of an incendiary.
BATHGATE BOY NEABLY PB03EBN
Bathgate, N. D., Jan. 27.Thrown^
from a horse, knocked unconscious,
and awakening several hours later v"
numb with cold but still able to crawl
to a nearby haystack where he cov
ered himself with straw as protection^
against the cold, F. Foster was in a
serious condition when his father, 1
Ike Foster found him. The father
and son had been riding horseback in-f
search of some cattle. The parent did
not learn of the accident until on his %l ,-j
return Jtome he found the riderless '~r%
Saturday evening at the home of y.
the bride in Nymore, the marriage of M'^^^m
Miss Jessie Hoffman and Forrest Van Ejs|p^
Tassel, tooth of Nymore, was ceJe-y^f
brated by Rev. S. E. P. White of Be-S^
midji, the .ring ceremony being |J|
used.: Mies Gladys Austin of
midji, was bridesmaid and the groom
was attended by Elmer Hoffman. 4,/
wedding dinner was served at t:30
to immediate friends and relatives,