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--8 to the Saturday News •and figuring on a basis "that four people read each copy every week would give us over 8,000 readers weekly. WARDEN'S POSITION Gen. Engiesby in Letter Clears Up Tangled Affairs of State Game Warden. GOVERNOR NOT IMPLICATED Bancroft£Bound by Law to Appoint Mr. Bibbons—the Law is Explained. Watertown, S. IX, Aug. 28, 1911. liditor Saturday News: 1 would consider it a personal fa vor it you would publish the enclosed letter to the governor. The letter pertains to the matter of the appoint ment of a deputy game warden for Codington county. It possibly would be of interest to tlie general public, only so far as it relates to he part taken by the governor in this partic ular appointment and his motives. As I happened to be the one thru whom the governor communicated his views to the several parties concerned with reference to the apointment, 1 am in position to know the governor did not consider "polities' or "frame ups" iu any of their multitudinous phases or forms when he recommend ed that the slate game warden abide by the decision of tlie board of coun ty commissioners by naming Mr. Bib bins. There was absolutely no "pol ities' in the action taken by the gov ernor. Mr. Bibbing and Mr. Sclioen berger are both "stalwart" republi cans and both belong to the same wing" of that faction. Both were always considered as Mr. Basicer ville's staunch friends in this county. Letter a Report. The letter 1 am asking you to pub lish is in the a report to the governor by myself on my action iu following out his instructions to help adjust the controversy and prevent friction if possible. There is one feature of the general question of the appointment of county game wardens which has not been re ferred to in this particular case and which 1 hope will sooner or later be determined by the courts. I was one of the sub-committee of a point com mittee of the two houses of the legis lature two years ago, appointed to prepare and present a new game bill. The present law, with its shortcom ings and all, is the product of the -jf forts of that sub-committee. There was no alteration or amendment to the bill they reported and it passed with but few dissenting votes. The intent of that legislature as expressed thru this committee and by general discussion on both floors was to have the entire matter of the selection of county game wardens in the hands of the commissioners of the different counties, the object being to entirely remove the enforcement of the gar.ie laws from the realm of politics. The lawyers of the legislature (particular ly Senator Curtis, of Aberdeen, who was a member of the joint committee I believed the language of the law was strong enough to insure this method of procedure in the selection of dep uty wardens. Under even a liberal interpretation of this law, Mr. Schoer. terger has never been a legally ap pointed game warden of this comity. Mr. McMath was the first and only game warden ever regularly appoint ed as contemplated by the law until the appointment of Mr. Bibbins. Mr. Schoenberger has never been ap pointed or nominated by the county commissioners. I would like to see this feature ol the law fairly treated iu ihe courts and while it is a digresison from the object of this comunlcation, it is not without interest nor- entirely irrele vant. Very respectfully, —C. H. Engiesby. The Letter to Vessey. Watertown, S. D., Aug. 26, 1911. The Governor, Pierre, S. D. My Dear Governor: In view of the recent developments In the matter of the appointment of a -county game warden for Codington county, and the accusations made -Against you thru Public Opinion as having forced the anointment of Mr. Bibbins and ousted Mr. SChoenberger '"Continued on Page S. t/r* 40 .IP a*4Q t*i%* 7* m~yy t^r^i .-•--» a. V$»3 5 «•. „t ,r Dr. Chas. Greer is Injured by Horses Dr. C. H. Greer, who resides on south Maple street, had a narrow es cape from death last Sunday after noon. Mr! Greer has been staying home for a couple of weeks on account of the serious illness of his aged mother who resides with him, and he had not harnessed his driving team during that time. The horses are pretty high-lived and standing so loug in the barn without, their usual exercise did not have a tendency to make them any too gentle. Last Sunday afternoon Mr. Greer vent to the barn to do the chores and had given the horses their hay and feed, and was in the act of wa tering them when the accident oc curred which nearly cost him his life. He always carries the water to the horses with a tin pail as there is a well in the barn. He had water ed one horse and was going after an other pail of water for the other horse. As he stepped in between them he spoke to them and one of the animals had his head down in the manger. This horse jumped and kicked, knocking the pail out of his hand and clear across the barri be tween a couple of other horses and frightened them. The frightened horse kicked again, striking Mr. Greer in the side and knocking him down between them.By this time botli of the animals werj thoroly frightened and they jumped and kicked and stamped on him un til he was nearly unconscious. He managed to crawl as far as the man ger and hoped to be able, to get into it where they could not%tep on him .but-he was tco weak by'ithis time to drag himself into the -manger. The horses would pull back oh their hal ter ropes trying to bfresit loose but as they could not. get '/away they would again fly forward-jamming him up against the manger'' AH thru the trying ordeal Mr. Greer retained his senses and shout ed for help. He called for help as loud as ho could and every minute •seemed like an hour to him. He kept calling and he could feel his voice growing weaker every second. Finally Dr. Heiutz and Mr. Ballau tine who reside several doors south from him on the same street heard his cries and hurried to his rescue. By that time John Nevenheim and several other neighbors had arrived on the scene and then it was a prob lem how to get Mr. Greer out of his perilous position. Mr. Greer, how ever, still retained consciousness and directed the work of rescue. He managed to untie one of the horses and it came out of the stall, giving the men a chance to get to him. He was picked up and carried to the house and a physician summoned who examined him closely but could find no bones broken, but he was badly bruised up and may have suf fered internal injuries. He is now resting as well as could be expected, but it will be some time before he will be able to leave the house. D. F. Jones Appointed on Drug Committee D. F. Jones of this city has been honored by being made chairman of a committee on drug standards which was recently appointed by State Dai ry and Pood Commissioner Cook of this state. The duties of this committee will be to act as a sort of referee board and to furnish standards for the com missioner to work to in enforcing the drug law. Besides Mr. Jones the other mem bers of the committee are Dr. McAu ley of Aberdeen and Mr. Fellows of Sioux Fails. The preliminary meet ing of the committee was held at Hu ron during the state association but another meeting will be held at Ab erdeen In October, D. F. Jones returned Saturday from attendance at the South Dakota Pharmaceutical Association held at Huron last week. Mr. Jones reports it as being the. most succesful meet ing of the kind ever held in the state. Senator Crawford, Lteat. Gov. Byrne and several other distinguished vis itors were present at the meeting. 5 *v% "VOL. 10 NO 11. WATERTOWN, SOUTH DAKOTA, THURSDAY, AUGUST 31, 1911. FOREIGNER Such was Andrew Toth Called When Punished for Crime He Never Committed. LEAVES AMERICA FOREVER With a Heart Filled With Bitter ness—The Sad Story ofi His Wrong. .'I'/..* New York, Aug. 29.—His heart till ed with bitterness toward this "land of the free," which for him was a country of suffering and imprison ment, Andrew Toth, who spent twen ty years behind the bars of a Pennsyl vania prison for a murder he had not committed, sailed today for his na tive home in Austria, never to re turn to these shores. Toth had been in this country only a short time, and was working hard to support his wife and children and in the hope of acquiring a home and competence, when he was arrested on the charge of killing a fellow work man. He was only an "ignorant for eigner," unable to speak English,and as circumstantial evidence pointed to his guilt, he was right speedily con victed and whisked away to prisoa. There was no "law's delay" in Toth's Bitter Experiences. "Free America," scoffed Toth, with the bitterness of twenty years of li.i tred in his voice, "do not tell me of free America. It, has robbed me of my wife and of my youth, of every thing that makes life worth living, and 1 shall be glad to shake its dust from my feet. If you could realize the anguish I have suffered for twen ty years, two months and nineteen days—even the days seem like years in a prison cell—you would not won der that I feel anger and sorrow in my heart toward the government. "You do not know what it is to sit, day after day, looking up at a nar row strip of sky, crying until your eyeB are so dry they hurt. You do not know what it is to have a wife that trusts and loves you, and child ren whom you most want to respect you, beginning '.o believe after all that you may be a murderer. If you could only understand these things, you wou(ld know why prisons are hell for the guilty and doubly hell ish for the innocent. And after all this, they thrust me out in the world, broken and old, unable to make a living—and they gave me a suit of cheap clothing and five dollars in money. Five dollars for twenty years of labor—for twenty years taken out of the life of a man innocent of all wrong—five dollars to assuage the grief of a woman for twenty years deprived of her husband and forced to toil like a slave for her subsis tence—five dollars to atone to my children for the education and oppor tunities they might have had could I have been left free to provide for them—for all this, and., much more that I could never put into words, five dollars. "Some people blame me because I talk so. They say it was only a mis take, that nobody was to blame,'that ought to accept it in a philosophic manner and be thankful that I am free. I am thankful, of course, but this philosophy—It is not for those who have spent twenty years in pris on. "I would not have enough money to return to Austria except for my sons and the benefactions of charita ble people. Andrew Carnegie was Continued on Page 8,. fH J** 4' DELAYED Matter Continued to Next Meet ing of Council Two Weeks Hence. '-Mh. ASK CHANGE IN THE STREETS M. & St L. Wants to Close Streets to Aid Them in Their Depot Plans. Those who had expected that the city couucil would take some action on the paving proposition Monday evening either to accept or reject the petitions before them were doomed to disappointment. The chairman of the street and alley committee reported that his committee had gone over the paying petitions and had found the same to cary the names of a sufficient num ber of signers but that he would rather have the whole council act on the matter and made a motion to have the same brot up at the next meeting. So the matter was again postponed and with such action it may be in ferred that all hopes of having any Paving done this year went glimmer-, ing also. ~''r The one matter that did arouse 3 case. Behind the grim walls of the good deal of interest, however, and penitentiary lie was eoon forgotten, little feeling also was the request find might have diel there had not from the M. & St- L. Ry. and the C.R. another, after twenty years, confess ed to the crime of which Toth was wholly innocent. Toth's sons,grown to manhood, had for years spent all their earnings in attempts to prove their father's innocence. Toth's wife, heartbroken and hopeless, despairing at last of justice in this strange land where poor men are rushed ott to prison on flimsy suspicions, returned to Austria to end her years. In the little town of Cengyel Falu she is an xiously awaiting the old, broken maj, with the prison pallor on his face, who sailed today to join her. that the council pass a resolution and ordinance with a "hurry up" clause allowing said railroads in the first place to change certain side tracks and switches, and in the sec ond place asking the city to vacate certain streets and alleys on the north side. Mr. Case as the representative ol these roads asked for speedy actioa cn these matters because of the de sire of the company to get tii Work immediately on the new depot and other Improvements they intend to make in Watertown. After the second reading of the resolution permittffig the railroad companies to go ahead with their switches a lively argument ensued because of the seeming desire of the some of the members of the council to go ahead and pass to the third reading of that resolution regarding the vacating of streets, they think ing it would mean no definite ac tion if they asked for the date to oe set for hearing objections. Mayor Martin in a few remarks said that the city should be libera) with the roads because of the fact that it will only be a short time un til the St. Louis will be one of the most important roads in the city, but that he did not feel like being hasty in such a matter as cIobm,j streets and he thot because of that fact when the council adjourned it could adjourn to meet Tuesday night and after going over the ground on Tuesday would be more competent to handle such an Important matter. Alderman Pritchard stated that he did not think the city had any debts to pay and that as far as the St. Lo uis railroad company is concerned, they never asked for anything, ho said, that they did not want it in a hurry, and when the city made like request they were the last one to do anything in regard to making the improvement asked for and addel that he thot they could wait a day or two. Mr. Case said that so far as that was concerned it was perfectly sat isfactory and that he would much prefer to have the council act wisely in the matter but at the same time stated that the companies had ask ed for nothing that they could not justly claim the right to ask for. He also added that the St. Louis railroad had some time ago purchas ed nearly the whole of the Stutenroth addition which was the part wanted Closed and that the company is .sole owner of the property affected. The streets asked to be closed are Mellette, First, and Second street? northwest, also the vacation of the alley east of Mellette Street, all it Second street, northwest in the Stu tenroth addition, the alley in block 2, a part of First street northwest In .return for this the railway com j" -3 Roy Floreyfi Death in Occident Roy Florey, son of Mike. Moray, residing on a farm one and a half miles northwest of Henry, met with a terrible fate last Friday morning. It appears that the young man was plowing with a six horse teaa? on his father's farm when the acci dent happened. In some manner the lines had gotten down between the horses and when he attempted to straighten the lines out a couple of colts which he was driving oh the plow became' frightened and started to run throwing him under the plow in such sl manner that one of the plows caught him in the abdomen completely disemboweling him. It is said that it was one of the most horrible accidents that has oc curred In this county for many years. Physicians were summoned to the scene and everything possible was done to alleviate his suffering but ht died where he was found on the field. After his death his body was removed to his home. He was aged about twenty-nine years and was respected by all who knew him. Ma erial Here for Passenger Depot Material has commenced to arrive for the erection of the new passen ger depot which will be built by the M. & St. L. and Rock Island railways in this city. As soon as the old depot is moved work oil the new depot, will be com menced. •life .Ml Judge McNulty is a Candidate for Congress I By authority,the Aberdeen News announces the candidacy of Judge Frank McNulty, of Aberdeen, for thj republican nomination tar congress, fo represent the second district. This afinouncetftent gives the second dis trict thr'£! known republican candi dates tot the national house of rep resentatives and bestows expectation upon Aberdeen, which has not been glutted with official honors. Weather Report by R. Q. Wood for News The following weatu retort is fur nished the Saturday iJews by Robert Q. Wood whioh will be of interest to the readers of this paper: High Low Aug. 25 GO 39 Aug. 26 H2 39 Aug. 27 79 55 Aug. 28 63 34 Aug. 29 60 ::s Aug. 30 71 49 Aug. 31 88 48 Average 72 42 Precipitation, Aug. 25, .05 Aug. 27, .40 Aug. 30, .14. Total .59. pany agreed to dedicate to the city a tract of ground which will m&kii the same width street as Spicer ave nue between First street and Park street and thus make ingress and egress for traffic. Mr. Pritchard again took the floor and waxed eloquent in his determin ation to use his influence in having the council wail until they had gone over the ground and finally conclud ed his little speech by adding that the companies had promised lots of things that they had never done and some of them thru their representa tive, Mr. Case. To this statement Mr. Case took strong exceptions but the argument was brot to a close by a sharp rap from His Honor's gavel. The matter of both resolutions was then laid over for final action at the special meeting called for Tuesday evening. A petition from the Watertown Wa ter company asking the council to take some action In the matter of having all future underground water pipe constructed of lead was referred to the proper committee. A liquor license was granted Van C. Rogers to'run a saloon at 222 First ,.Continued on Page 4, J- •"Etnas* x. ADVERT!SERB SHOOt^'^ BEAK IN MIND ill That th* Stturday haB tie largest bona circulation of any woewA'flpn •tat« SeJ $1.50 PEE YEA •-'5 wasst Representee Kendall of Iowa Gives Democrats Tounge Lashing on Methods Used." ARIZONA DIDN'T GET RECALL: More Publicity to be Given to Doings of Congress is Plan of Rep. Underwood. Washington, D. C„ August 28.— few good hard hits from the shoulder'^,1 were administrated by Mr. Kendall"^/ of Iowa in the final disposition o: the cotton schedule In the houBe. showed wherein the original bill b«4r returned from the senate, embracing, steel, Iron and coal, and then be wenfyS on to shew that under the dfastlaq rule adopted by the majority of tha:i House, there was no opportunity left! to perfect or modify the measure by amendment. Mr. Keiidall proceedel ~gf with his remarks to say: performance of the democratic partyt"' this afternoon on the floor of this house is the most lamentable exhlbi tion which the American people have witnessed in many years of that per* fldy which sometimes manifests it» self In politics. Wo have had all ovef' 4| this country a clamor which has prei vailed for nearly a decade agaiigjf Jjf 'gag rule' in the house. ?C fepresen- "j tetlves, atuj our friends have made/'jf that clamor aft asset' in every cam»4^? paign. I met it in my own contests! and others have met It and tlierar^Al Er£ thirty gentlemen on that side, oq/ cupying seats now, who owe their pg," s-tions here to'lte fait thai-' they ojjj$»i-' posed the very principle which they"' feiive established this afternoon.No#,' •, Mr. Speaker, I have experienced, no embarrassment whatever as I have approached the performance of my duty respecting the various bills' which.have beeii reported by the dem» ocratlc majority in revision of th*"' existing tariff schedules. I voted against the enactment of the Payne law in the sixty-first congress becait84"S I believed, from such fragmentary '(formation as I could collect that the tates it proposed were excessively high and I have voted against the Underwood bills in this congress be cause I have believed, from such fragmentary Information as I could collect, that the rates they proposed- if' were destructively low.'' Representative Anderson of Mtn«fe neBota, made a speech upon the pas sage of the final resolution in admit*. C\ ting Arizona and New Mexico into" '"', the Union, in which he said: "A few J| days ago, by an overwhelming ma-'/f jority, both houses of congress voted to the people of Arizona, not the,,,, right to place in their constitution'' .*' the recall of judges, for that pro position was not involved in that ie-, y,, solution, but to give to the people of that territory the right to vote like ft ee men. Now, we propose to take. sway that right, and I suppose we''}, will justify it upon some theory of .Jf mental gymnastics. So far as I am concerned the crags and peaks anil desert wasteB of Arizona will fade In the dim and far-reaches of eternity before I will vote to place this inatilc upon them. You may crucify the people of Arizona upon a cross of co wardice, but I thank God you can not pluck from their breasts the spirit of progress that has placed in the con stitution which they adopted the in- V] stitutions of a popular government", The question was upon the passing?-' a resolution which would be satltK factory to the president. Mr. An-,',.' derson was one of the gentlemen who believe that congress should m-"'» sist upon maintaining its previous po-r,«»*j sition of the recall notwithstanding the direction of the president. How/*#! ever, he was in the hopeless minority, and the bill was finally passed al moBt unanimously. Jill In the lower house both. membersS|l? from South Dakota were on hand to" help uphold the position of President Taft of the Republican administra tion during the period that tests of power were exercised in the closing hours of congress, growing out of the veto measures coming from the white house. Mr. Burke's jiosition ou Continued on Page 4.