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j{T' i7? ~w^ VOL. XXII, NO. 80. COAL MINE CJI$E ATTRACTS CROWD JURY FINDS FOR PLAINTIFF IN PERSONAL INJURY SUIT AMOUNT FIXED AT $2250 Ray Wright Not Paroled—Several Other Convictions on Liquor Charges—Sentences B. B» Warahdm was awarded$2,250 'for injuries received at the Husebye A Ellithorpe coal mine by the verdict of the jury rendered Tuesday morn in*. The case was the moat interesting ao far tried at this term of district court. The trial consumed more than four days and was contested with all the cleverness possessed by thfe at torneys. Wm. G. Owens of Williston and E. R. Sinkler of Minot were- at torneys for the plaintiff and T. F. Craven of Pahner, Craven and Burns, and U. L. Burdick for the defendants. The accident happened in 1915 when the plaintiff, Wartheim, assisted in desengaeing the cable that held the cage and fell with the. eagre and a car of coal about 70 feet to the bottom of the shaft Besides broken bones, Wareheim dalnat that Ms tight and hearing were impaired ana that he is still incapacitated for work. The to tal damages claimed in the suit was $21,000. Able Pleas The court room was packed with interested spectators during the tak ing of evidence and especially Satur day afternoon when the attorneys pleaded the tase before the jury. U. L. Burdick and E. R. Sinkler vied with each other in tossing profes sional bouquets and heaping en comiums upon Teach other's heads. Each vowea eternal friendship and endless admiration "for the other but warned the jury against being unduly swayed by the eloquent sophistries of the other. The arguments to the jury which were all considered very able closed Saturdav at five o'clock and Judge Fisk withheld his charge until Monday morning. The jury arrived at a decision sometime Monday night and. the sealed verdict was read with the opening of court Tuesday morn ing. As is usual in such cases the verdict was undoubtedly a comprom- ISC* Insurance Case E. L. Gunderson vs. Arthur H. Rein haft was 'the title of the case tried Monday. This was a case involving a fire insurance premium. Both par ties live at Bay. The jury took the case Monday evening and returned a sealed verdict in favor of the defen dant. "Wright Not Paroled In the account of court proceedings in last week's issue it was erroneous ly stafted, through a misunderstand ing, that Ray Wright, who pleaded eruilty to a charge of violating the liquor laws, was released under the parole act. Wright was not paroled but was sentenced to four months in jail and a fine of $200 and costs. Another liquor conviction was in the case of The State vs P. A. Arm strong, who first pleaded not guilty, and then after the State's evidence bad been presented, changed his plea to guilty. Judge Fisk sentenced him to fourteen months in the peniten tiary. John O'Brien pleaded guilty to petit larceny and was fined $30 and costs with the option of serving 30 days in jail. In the case of Martin Hanson vs A. J. Thnmerick, the defendant fail ed to appear and judgment was ren dered for the plaintiff The case of Henry Wagner vs. Frank F. Tke was dismissed. Yesterday -court was engaged with the case of John W. Robertson vs Otto Sherer and Albert Sherer. MINNIE A. REIDER HAMILTON On Saturday Jan. 6th the death angel crept stealthily into the home of Orion Hamilton of Garden Valley and took with ihim the beloved wife and son to that fairer land beyond. It came as a shock to the entire com munity that showed its appreciation of the deceased and sympathy with the bereaved by turning out en masse at the funeral which was held at the Methodist church on Tuesday qfter noon and officiated by the Rev. H. Styles Harriss. Minnie A. Reider was born on July 2nd in 1885 at Velano Minnesota. She came to North Dakota in the year 1903 and was married to Orion Ham ilton on July 10th 1907 from which union four children survive. The old est is nine and the youngest two, all are boys. These with the husband, mother, three brothers and one sister and the entire community mourn her untimely demise. The immediate cause of death was heart failure pre cipitated by childbirth. The little son was placed by her side in the casket and both were laid to rest in the city cemetery. "DAD" HOLLAR LAID UP Report says that W. O. Hollar, one of the genial spirits of Muddy Valley, has been confined to his house for the last ten days by an extremely sore finger. "Dad" injured the finder more than two months ago while handling coal. The injury never healed and about ten days ago a slight infection set in and became so serious that he has been unable to do much work or leave his home. It is hoped that he will soon be able to be out amongst his friends again. -vr*'—" 1 ""TT" "'v Lure of the Farm Gets Carl Erickson When the spring chinooks have swept the snow from the prairie down, into the Old Mizso and the grass roots begin to show green, vou will see a pertly form climb h.to a Go-Henry and head her east. It will be Carl Ericksoo, with his baggags cheeked for Spring Brook. Carl was sheriff for four yean and by the statute of limi tations could not be audi any longer (nor any thicker either) and it la hardly likely that he wanted to be. He saya he fat just a trifle tired of being resnon Bible far the goeats at the Motel de Williams County. Tired of plugging up the holes that Jack Or Willie «i in the friendly brick walla when wanderlnat seis ed him in seasons when it was more pleasant to be on the out aide looking in. "Oah the ether night," re marked Mr. Erickson, "one of the boys in the unpadded cells had the movies, which is a modern phase of the 'trimmins,' and saw a Richard K. Fox tragedy and a Keystone comedy both at once. He hollered loud enough to wake up every eitixen in the First Ward." So it is back to the farm far Carl, to recreate and dlvenHv— raise some blue stem, pin and rye. And there is hh old MtflN of auctioneering—ju*t can't get away from'it—and the old slogan: "Erickson the auctioneer, he g*N the money. HI OfWSfSl III WHEY COfflTY MONTANA DEPUTY SHERIFF "GETS" BAD MAN NEAR HINS DALE—RESISTED ARREST Desperadoes and their like will find it to their advantage to stay away from Valley county, if they will take the incident which happened Tuesday, January 2 near Hinsaale as an omen of what will happen to them in case hey attempt la match their wits or "nerve" against the strong arnr of the law says the Glasgow Courier. Deputy Sheriff Jack Teal perform ed his duties well. He had orders to arrest a man and bring him to Glas gov. He knew that the mission was one which would probably mean the death of the hunter or the hunted. He found his man, told him what was what, and when in defiance of the law he attempted to pull his gun, Jack ^hot. As a result. Jay Clarke, a des perado, wanted in many counties in Montana and North Dakota, and in Canada has gone to his reward. Monday nipht Sheriff Powell re ceived word from Hinsdale that man he was after was around there. Nothing was said who the man was but only that it was desperado and a gun man. Wanted at Crosby Going over his list of criminals who •vere at large, the Sheriff decided that it must be Clarke, alias Bill Neuman. alias Billy Raymond, who was want ed in Phillips county, and also by the Canadian authorities for various of fences. The sheriff at Crosby. N. D.. also wanted him for breaking jail and warned the officers to take no chances, as he was a bad man. Deputy Sheriff Jack Teal was sent on the mission, and was told by the sheriff to take no chances in making the arrest. Teal refused any assist ance, and said he could handle it alone. Tuesday jnorning Deputy Teal left for Hinsdale and on reaching there gained the information that the man he wanted was out at the. Ella Powell place. Securing a team from Charles Farmer, who went along as driver, and deputizing R. D. Harden to make the trip with him, Teal started out. Shortly before arriving at the Ella Powell place, they saw a man on horseback riding along the section. Inquiring at the Powell ranch, they found that their quarry was the man they had seen on the other road a short time before. They then followed the man's tracks, and saw where he had crossed the Milk river and had turned into the Charley Smith place, south of the Vandalia dam. They 'i r.ve in here and to quote Mr. Teal's own words: "You Will Have to Do It" "Just before we got to Smith's I ^ys to Dick Harden, 'Smith doesn't like me very welt- and you ask him "bout the fellow stopping here.' Smith came out and when Harden asked him he said the fellow had iust nulled in a minute ago. I told Har den to fell Smith to have the fellow come out, and Smith did. The fellow came out without any coat or cap and I said 'good morning. I've got a war rant for you.' He said 'Who the hell are you,' and I said 'I am the deputy sheriff of this county.' I reached over and grabbed him by the arm and said 'I want to search you' He eave his arm a jerk and when he did it I pulled my six-shooter and put it against him and said: 'Don't make fight or I will kill you.' He brought his hands up to his chest with a jerk and stood for half a second and said 'Well, you will have it to do.' He made a motion for his shirt as if to make for his gun and then I shot. I think I shot three times. He ran (Continued pn page 8) MEETING TO EliCI DIRECTORS JAN. 19 SIX OFFICIALS AND GOOD ROADS WORK OF EVENING—MEM BERSHIP CAMPAIGN The annual meeting for the alec tion of directors of the Commercial club has been set for Friday* Jan uary 19. The hall has not yet been, decided on. It is desired to hold the meeting at Odd Fellows hall if it can be secured, otherwise the high school auditorium will probably selected. The fixing of the date for this an nual meeting was one of the things done at the meeting of the directors held Tuesday evening. The directors will put on an active membership campaign between now and that date to recruit the membership to nearar the number it should be. Interested Man Invited All man interested in the welfare of the city are urged by the officers and directors of the club to attend this meeting. All who join liefore the election of directors begins will ho given vote. The directors be lieve that the campaign for members has never systematically covered the city. They are confident that they can add fitm fifty to a hundred to the already fairly long roll as an initial step toward a biff, effective year's wont. WM Bert Six Six new director* will be elected to fill the expired terms of G. B. Metz ger, Dr. MacMatius, C. A. Mansfield, George Fames, HI. J. Borden and S. M. Hydle. The holdover members are J. W. Jackson, J. A. Cunningham, W. H. Westergaard, L. C. Wingate and A. F. Burk. Besides the election of directors the important topic of good roads for Williston will be brought up at the meeting for thorough discussion. A lunch will be served. At the directors meeting Tuesday evening the resignation of Secretary F. S. Morrill, which was filed some time ago, was accepted to take effect January 15. The matter of a fitting reception "for Company E. on its return home from the Border was considered and a tentative plan laid out subject to revision after it has been learned what day and train will bring the boys to the city. A LAMPMANS IN LOS ANGELES Word from Mr. and Mrs. H. R. Lampman brings the news that they arrived in California just in time to spend Christmas with Mrs. Lamp man's mother. They wisM to say Happy New Year to all their friends. Their address is 943 S New Ham shire ave., Los Angeles, California. Good Games He 1 ween Athletic Club Fives Basket ball teams representing the Athletfc clubs of Stanley and Willis ton met at the high school auditorium in this city Saturday night. Stanley had a1ready given the Williston boys a ViO trimming in a game at Stanley but found their worl: much more difii cult in this second game. Stanley took an early lead ond the Williston quint did not get their stride until the sacond half when they went far toward closing up the gap. The Stanley toun is fast and we 1 coached and the game was hard fought but clean. Score: First half —Stanley 20, Williston 8 final—Stan ley 36, Williston 28. The Line-Ups Williston Stanley Hogan center Finney Harding.... forward liudei Martineau forward Wold Callahan guard Fenstermaker Batten guard Lovell Referee, 'Schaetzel of Williston. The Williston team plays a team from Berthold at the local high school gymnasium next Saturday night. The berthold team has the reputation of being fast and aggressive. The game will be a good one to watch. COUNTY BOARD ADJOURNS The Board of County Commission ers concluded a busy session today, adjourning until February 27. One Life Lost When Nelson Home Burn.® Meagre information received by elephone this afternoon from Nesson to the effect that the old residence of Herman A. Nelson has just burn ed and that one of the younger Nel son children lost its life in the fire and another was seriously burned. So far as reported no other property than the old house was destroyed. A large -new residence had just, been completed and the family in onded to move from the old to the new home on the return of Mr. Nel son who had been called east by the death of his father. Mr. Nelson is one of the early pion eers of the county, settling in Nesson Valley over twenty years ago. He is also one of the most extensive and crosrressive farmers of this district. This is Mr. Nelson's second disas trous fire. The first occuring two or hree years ago, destroying a large barn and valuable farm property. '\v. ./•- -n J'., WILLISTTON, WILLIAMS COUNTY, NORTH DAKOTA, THURSDAY, JANUARY 11, 1916. CREAMERY MEETING CALLED Ml JJU. 13 STOCKHOLDERS AND ALL IN TERESTED URGED TO ATTEND —COURT HOUSE 1*00 P. M. Secretary A. G. Lougheed of the Williston Farmers Creamery and Produce Company has addressed a letter to all stockholders of thecom- Eeen any advising that a meeting has called for Saturday, January 13, at one o'clock p. m., at the court house. "It is of vital interest to you," says the letter, "plan to be there with your friends and neighbors." An in teresting program of speakers is promised and a complete report of the operation of the creamery will be made and future plans outlined. Potato Warehouse The subject of a potato warehouse wilt be brought up for discussion and all interested in potato growing are expected to be present. The supply ing of more cows will be another topic to receive attention. The secretary's letter follows: Williston, N. D., Jan. 5, 1917. Dear Sir:— The Annual Meeting of the Stock holders of the Wilnston Farmers Creamery & Produce Co., will be held Saturday afternoon Jan. the 18th 1917 at 1 P. M. in the Court House. An interesting program of able speakers will be provided for at which time a new creamery, a potato warehouse and the supplying of cows will be dis cussed in full. A complete rep -t of the operation of the creamery'will be given and plans outlined for the fu ture with a view of making this insti tution ed a really co-operative ono and make it perform the functions intend for it. As this meeting is to be of vital interest to you, plan tc be there with your friends and neighbors and assist in making this gathering a real success. The Williston Farmers Creamery & Produce Co. Per A. G. Lougheed Secy. BRUCE LaDU TOWNSEND Early Saturday morning, January i, the Grim Reaper claimed the infant son of Mr. and Mrs. Glen R. Town send, 308 Fourth street east. Services were held at the home Sunday after noon at 8 o'clock conducted by Rev. Nelson E. Els worth, pastor of St. -I iter's Episcopal churcn. and attend ed by sympathizing friends who brought many floral tokens of love for the little life so soon cut off. Bruce LaDu Townsend was born October 5, 1916, hence was but three months and one day old. A slight cold developed into pneumonia only two days before the end and all that could be done was unavailing. "Old Joe" No Longer Makes the Trains "Old Joe" the bus driver is dead. He has called "All aboard for No. ?, or No.* 2 as it chanced to be, for the last time. A familiar figure and a faithful servant of the public, "Old Joe" has made the trains for the Great Northern hotel and "any part of the city" for along term of years. Joe came to Williston about seven years ago and had been in the em ploy of Heffernan & Son practically all the time since. Recently his health failed rapidly, and for about three weeks he was confined to his bed in his own little house. Death, resulting from a complication of dis seases, came to his relief about one a. m. Sunday. His brother and a brother-in-law arrived shortly before the end and took the body to Ackley, Iowa. Joseph Finger was not old, but on account of hardship and "habits" ap peared older than ne was. He was a man who had little to say but was al ways ready to do a kind deed. If an old lady or a child arrived on a night train and did not know jtfst where their friends lived, it was never too much trouble for Old Joe to look them up If an unfortunate "bo" put up a hard luck story, he could always get two bits from Joe, if he had it. One of the chief mourners for the departed is Old Don, the yellow and whi,te dog that faithfully followed the bus when his master was driving. Vow he refuses to leave the shack that Joe had shared with him. Bad Year For Backers of Booze The wet forces are having worse 'ufck than the Belgians. Right on top of the losses suffered in thn No vember election comes such setbacks as the declaring by the United States =,ipreme of the Webb-Kenyon law. And now the Montana, supreme court has decided that the Sheridan county, Mont., commissioners were wrons: in refusing to grant a peti tion for an election on county option. The election will be held and Mondak is likely to go dry sooner than ex pected. In the state vote or. prohibi tion Sheridan county went for it al most two to one. Congress seems certain to vote booze out of the Nation's capital Now comes Sheriff Strom of Williams county, North Dakota, with an ax which was applied, one morning this week, to 125 bottles of evidence that was no longer needed. Graphic Constitution Says Do It, So They Must One of the 277 votes (if. that proves to be the correct number) that will make Woodrow Wilson president for four more years came front WiHistou. The man who cast it did not go into a booth in a school house or a fire station and mark an "X" after a name on a big ballot but wrote his own ballot and signed in full view of witnesses thus: For president of the United States, Woodrow Wilson. (Sign ed) George A. Gilmore presiden tial elector for North Dakota. According to the constitution ally prescribed and time honored but superfluous custom Mr. Gil more and four other good Demo crats and true met at Bismarck last Monday and cast, counted and certified to the electoral vole or the state. The electors were, besides Mr. Gilmore of this county, David F. Gorman of Grind Forks, John Mahon of Cavalier, Samuel L. Nbchola of Morton, and John A. bright of Cass. Mr. Gorman and Mr. Gilmo were selected to make the trip to Washington. Mr. Gorman, as the senior mem ber of the board of electors will be custodian of the certified vote of the State, which, literally he will carry in his pocket. The vote of all the states is oflkially counted at Washington the second Wednesday in Febru ary. If nothing unexpected hap pens Mr. Wilson will receive 277 votes and Mr. Hughes 254. Some valentine for Woodrow. ORDERS OF UMGER I ONE SAYS, OBEY LAW—OTHER SAYS, RIDICULOUS —'BIS MARCK'S BAD, BLUE DAY Bismarck, N. D., Jan. 8.—No ar rests have yet developed from yes terday's, temporary lifting of State's Attc?zey McCu/,1/'.: Sunday mi ught about Ihrou ?h Justice James E. Robinson's picturesque campaign against enforcement ,f the statutes fo Sunday closing. Justice Robinson'r attack on the lid during which he succeeded in coii vir.cing at least wo cigar stand pro prietors that hey had a iij ht lo open, is still big topic of interest, about the capital. Justice Robinson stands by his as sertion, mado yesterday, that the Suiday law is ..-iJu ilous, and that stverc closing regulationi are "not the law and would not be so construct ed by the supreme court." He terms Sunday laws ridiculous the ex treme. State's Attorney McCurdy will cause arrests and call on numerous members of the legislature as wit nesses. The cigar stand owner in sists he will defend on the- plea that Robinson insisted that he op°n his place of business. "Justice" Prevails "This is a fearful condition prevail ing in the city today. "We can't buy any newspapers or any drugs, and want to know who is responsible for all of this." These were the words of Justice Robinson, of the -supreme court, addressed to Chief of Police Down ing, of Bismarck, about 3 o'clock yes ^erday afternoon—when the blue Sun day laws of North Dakota had been enforced as never before, since 12 o'clock Saturday night. Justice Robinson broke the Sun day closincr in Bismarck. It wasn't till mid-afternoon that ho discovered the ends to which North Dakota laws—or at least some of the state's laws, really jro. Orders From Headquarters But he was quick of action—and he got lesults. Supreme Court. State of North Dakota. To the sheriff and the police of the city of Bismarck: You are hereby directed to al low all business places and drug stores, news stands, to remain open in the usual manner as on other Sundays. J. E. ROBINSON. Judge of Supreme Court. Some Reopened His order to Chief of Police Down ing, issued about 3 o'clock, to notify keepers of cigar stands, news stands, -onfectionery stores, etc,, was fol 'owed by reopening of several such -•lrf late ii- the afternoon. Not because the' chief of police or •lerifF obeyed the ovHa-—iu,t hot- .i.^e ,:h court 'of the constitutionality owi rs of two or th.-ee establish ments took cognizance of i(. P-" eve in sr. some Bismarck folks, denied throughout. Sunday the usual privilege of buying cigars, gum, newspapers, etc.. had been restored to at least a portion of their long es tablished rights, all ..because Justice Robinson took up the eudgel3 for them. It wisn't long, however, till county officials got on the job, and ordered the places re-closed, and today they promise arrests. The operations of stands That open ed fo* a short time during the after rosin will make tboir defense on lie cvleis they received from Ju.-iice Vobinson. Attorney Gen^- William Lanytr ordered the enforcement of all staie (Continued on page 4) •-,=•• V.?. $1.50 PER YEAR IN ADVANCE CON CON WILL BE FACTIONAL ISSUE METHODS OF FRAMING AND ADOPTING NEW CONSTITU TION THE BIG QUESTION McBride Offers Senate Resolatiam That Meets Oppaaltien—Lea goo Forces Have Plan Bismarck, N. D., Jan. 10.—Oflldal announcement today of the Nonpar tisan league's plans for bringing amnifc the adoption of a new state eonatlta^ tion, reveals a movement somewhat different from the previously intiri pated theories. Under the plan that will be pur sued, a new constitution that is draft' ed almost entirely from the present constitution, will De submitted to tkt legislature, with a resolution passing" such constitution on to the people ar a special election. The new proposed constitution will carry provision for state ownership of public utilities, raise the bono limit, provide exemption for farm im provements, provide state insursmeo features, ana probably one or two other features. McBride Plaa Surprise Bismarck, N. D., Jan. 8.—The firsT big surprise of the session was sprung* like a thunderbolt out of a clear slop this afternoon when Senator McBride introduced a concurrent resolution? providing for a constitutional con vention with a referendum vote to be taken at a special election Nov. 6, 1917, with the election of delegate* to be held in conjunction with the reg ular primaries the last Wednesday in June, 1918, the convention to as semble July 12, 1918, for a session of' fortyfive days, and the election for tho ratification on the first Tuesday after the first Monday in November, 191S. The compensation for the delegates is placed at $5 per day and mileage. This resolution puts a crimp1 in the plan of the Nonpartisan leaders to force a revision by- the legislature. It provides for the hold'.ng of but" one special election, that being the referendum on the proposition next November. The League leaders' pro-* gram called for one special election, so the two plans are even on the mat ter of expense to the stata. The plan proposed by Senato.* Mc Bride will require less th »n two year* and in iact but eighteen months af ter the resolution could beanie ef fective without an emergency clanaa^ to put the revised constitution into effect. The League leaders' plan would in quire one year and give little or no time for consideration by the People- Lieutenant Governor Kraabel re ferred the resolution to the judiciary" committee, of which Senator'McBrfcw is chairman, and it will be reported out at once, passed and sent to. tho house. League Opposes Bismarck, N. D.. Jan. 9.—Endorse ment last night by the Non-partisan league caucus of the leaders' plan for a legislatively constituted' consti tutional convention, which took the form of a resolution committing the league members of the assembly to the plan, really marks the formal onenmtr of a fight that bids fair to attain gigantic proportions within comoaratively short time. The Nonpartisan leaders said to day their bill had not been definitely decided upon. Anv 0"" of several methods of naming delegates may be accepted, hut thfv "'iff s*»nd firm for their principle that the people have al ready declared their aoDroval of the convention idea, bv the manne:* in •vhich t.hev voted for th^ leaeue pro 'rr«m in recent Apnointment of delegates by the: "o houses, or by the governor, or* the selection of delegate'? from among: Mv m^mbprshiD of the tw houses,. ar2 methods under consideration. That the Nonnartisan bill will not be introduced till the latter part of the week, is also indicated. Confer ence during the nexr. two or three daia will be held to definitely do— fmine the form of measure. In last nierht's caucus, Represen tative E. E. Cole of Fartro a.ddrssef the gathering, declaring himself for the league's program. A general discussion it. is stated of the entire constitutional convention sit^ uation took place, the cause declar ing it was absolnfelv n^o nosal contained in Senator McBride's bill, introduced yesterday. Following is the resolution dortcd at the caucus last evenin": "Resolved, That it is the sense of~ the m^etim* that the present lecnsla— should submit to the people draft of constitution for their adop tion or rejection which will allow carrvine out of the leasrue proerram and thus avoid the pre*t QXDensq of a special constitutional convention and not wait two years as would be necessrry under a conttarrent resolu tion introduced this day in the state sf-nate by Senator McBri Marriaws Oscar Knutson and Emma Tostteqp rud, both of Tioga, Jan. 2 by Judge Butler. Patrick Cannon and Te^esn Jovce, both of Tiosra, Jan. 8, by Father Ber nard van Gils. Peter Pederson of Buford and An na Larson of Falsen, Jan. 9,' by Rev-.. I. G. Monson. George Charlies Montague and Lena Mathilda McFarland, both of Willis ton, Jan. 10, by Judge Butler. A, "V