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The Princeton union. (Princeton, Minn.) 1876-1976, April 06, 1916, Image 1

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Persistent link: http://chroniclingamerica.loc.gov/lccn/sn83016758/1916-04-06/ed-1/seq-1/

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Tuesday MorningJury Finds for
Herdliska in Personal Injury
Case on Trial Last Week.
Case Against Village of Princeton
DismissedActionable Negligence
not Shown the Court Rules.
The district court completed its
labors Tuesday Morning, and Judge
Parsons and Reporter Woodward left
for their respective homes at Fergus
Falls and St. Cloud, by way of Elk
River, on the morning train.
The case of Catherine A. King vs.
J. C. Herdliska and Fanny Herdliska,
on trial at the time the last issue of
the Union went to press, resulted in a
verdict for the defendant. The plain
tiff in this action sought to recover for
injuries alleged to have been sustained
last fall, when the defendant's auto
mobile collided with a street car in
Minneapolis just as the plaintiff was
to leave same. The gates were forced
in, it was alleged, and the defendant
sustained a broken rib, was bruised
and suffered a nervous shock. Ral
eigh Herdliska was driving the car at
the time, and the defense satisfied the
jury that the accident was not a re
sult of negligence on his part. The
defense also introduced evidence to
prove that the injuries, if any were
sustained, were of a minor character,
and the jury decided that the plaintiff
was not entitled to recover. Attor
ney E. L. McMillan appeared for the
defendants, and handled the case in
an able manner. Elmer C. Patterson,
of Minneapolis and S. P. Skahen, at
torney of counsel, appeared for the
The cases of Geo. A. Barrett, as ad
ministrator of the estate of William
Otis Barrett, deceased, and Louis E.
Jesmer, as administrator of the estate
of Willard J. G. Jesmer, deceased, vs.
the village of Princeton, came on for
trial as one action, by stipulation, Fri
day afternoon, but did not go to the
jury. Samuel A. Anderson and W.
E. Prescott appeared for the plain
tiffs, and McLaughlin & McLaughlin
and Village Attorney Skahen for the
defendant. This was a suit to recover
-$15,000 for the death of the Barrett
and Jesmer boys in a cave-in of the
sewer pit in this village last summer.
The village was protected against ac
cidents in the sum of $10,000 and Mc
Laughlin & McLaughlin were retained
"by the bonding company. The plain
tiffs' side of the case was presented
and the attorney for the defense then
moved that the action be dismissed
on the ground that actionable negli
gence on the part of the village had
not been shown. The motion was
granted, which ended this particular
case. A transcript of the proceedings
was immediately ordered by the plain
tiffs' atorneys, and the case may be
appealed to the supreme court. The
case was dismissed Saturday after
noon, and court then adjourned to
Monday morning.
The case of the state of Minnesota
vs. Lee Scott, L. E. Balow and P. R.
Chance was argued before the court
by County Attorney Myron for the
state, and H. E. Poseley for the de
fendants, and it was taken under ad
visement. This was an action to
recover on a bail bond provided by
Balow and Chance to insure the ap
pearance of Scott before a justice of
the peace on a charge of disposing of
liquor to Indians. Scott appeared be
fore the justice, but a change of
venue was taken and he failed to pre
sent himself before the second justice
The bondsmen held that his first
appearance relieved them of further
responsibility, as the bond was not a
continuing one.
The case of Hans Petrin vs. John
von Groensven came on for trial be
fore a jury Monday, and a verdict for
Petrin resulted. This was an action
to determine the ownership of a
heifer and calf. W. H. Stewart of St.
Cloud appeared for the plaintiff, and
H. E. Poseley for the defendant.
In the case of the state of Minne
sota vs. Ed. Kaliher, charged with
burglary in the third degree, no action
was taken and the case was dismissed
on motion of the county attorney.
A continuance was granted in the
divorce case of Rosa A. Bringleson
vs. Charles Bringleson, on motion of
defendant's attorney, as Mr. Bringle
son was too ill to be present.
The motion for judgment on the
pleadings in the case of J. A. Allen
as assignee, vs. Harry Shockley was
The case of O. J. Tagleyi and Peter
ld /5?T
-court by stipulation. This was
ejectment case involving a barn in
In the case of Herbert W. Allen and
Adolph O. Eliason vs. Joseph Craig,
there was no n6 appearance on the
part of the defendant, and judgment
was ordered for plaintiffs. This was
a suit to recover on a note.
The case of R. L. Cramb, doing bus
iness under the firm name of Milaca
Hardware Co., vs. Peter Soder and
Sophia Soder, was continued by con
sent. This action is an appeal from
justice court and involves a claim for
merchandise and labor filed by the
plaintiff, and counter claim filed by
the defendants.
The last case to be tried was that
of the state of Minnesota vs. R. S.
Swedberg, indicted for petit larceny.
A jury was drawn and just as the
first witness was being called, Attor
ney W. H. Stewart, for the defendant,
moved that the case be dismissed on
the ground that the facts stated in
the indictment did not constitute a
public offense. County Attorney My
ron opposed the motion, but Judge
Parsons, after listening to the argu
ments, granted same, although he an
nounced that he would prefer to have
the action tried if that was possible.
Swedberg was accused of stealing a
deer, the complaining witness being
D. G. Wilkes, and the fact that wild
game is different from other classes
of property in the eyes of the law,
complicated matters somewhat. The
case against Hans Petrin, charged
with a like offense, was continued and
will probably be dismissed also.
Court Notes.
The calendar was cleaned up at
this term with the exception of two
cases, which were continued.
Clerk of Court King and his efficient
deputy, Miss Hansmeyer, were kept
busy throughout the session, but ever
found time to be obliging and cour
Twelve talesmen were used at this
term aside from the regular jury
panel, and County Auditor Doane
drew 36 warrants in paying off petit
Attorney E. L. McMillan handled
his two cases in a masterly manner,
and secured favorable verdicts in each
instance. He has few equals as an at
Judge Parsons kept the wheels of.
justice constantly revolving and, while
undue haste was not noticeable, the"
work did not drag. He made a very
favorable impression.
Attorney W. H. Stewart appeared
in court with a smile Tuesday morn
ing, as his father-in-law, Mr. D. H.
Freeman, was elected Mayor of St.
Cloud the previous day.
Hans Petrin swears that he has
the most expensive cow in Mille Lacs
county. He estimates that it cost him
from $250 to $300 to establish
his ownership of the animal.
Numerous lake people were in at
tendance at court the first of the week,
most of them being here as witnesses
in either the Petrin-von Groensven
case or the criminal actions against
Swedberg and Petrin.
County Attorney Myron was rather
disappointed at the outcome of the
Swedberg case, but took a philosoph
ical view of the matter. Mr. Myron
worked hard, and did his part toward
facilitating procedures.
Sheriff Harry Shockley and his
efficient deputies, Henry L. Shockley,
N. P. Olson and Chas. King, attended
to their duties in a commendable man
ner. Mr. Olson has served as court
deputy for years, and has become a
L. G. Brown, who entered a plea of
"guilty" to a charge of forgery in the
second degree last week, and was sen
tenced to serve an indeterminate term
in the prison at Stillwater, was taken
to that institution Monday morning
by Sheriff Harry Shockley to com
mence serving sentence.
Both Plead Guilty.
Walter J. Smith, ex-state treasurer,
plead guilty to second degree grand
larceny before Judge Dickson of St.
Paul, Tuesday, and was given an in
determinate sentencefrom one to
five yearsin the penitentiary at
R. C. Pickit, former investment
clerk in the state auditor's office,
plead guilty to forgery in the second
degree, and was also given an inde
terminate sentence of from one to five
years in the Stillwater prison.
Pickit^ 0
Daniel McFarland was_settled out of not relieve them from criminal pros
an ecution.
At the Princeton Armory Last Thurs-
day Evening Pleases a
Large Audience.
Participants Enjoy a Banquet Tues-
day EveningShow May be
Staged Out of Town.
That a surprisingly large number of
Princeton young men are endowed with
the voice and talent to sing pleasingly
was very evident to each one of the
hundreds in attendance at the Minstrel
show at the Armory last Thursday ev
ening, and the affair was a decided
It was a regulation minstrel shew.
The 38 dusky participants were ap
propriately costumed, and the program
was a diversified onechorus num
bers, orchestra selections, vocal solos,
minstrel jokes, clog dances the usual
amusing side plays, including a stump
speech by Mr. Chambers, who directed
the show, were intermingled so as to
relieve all monotony.
The chorus selections were particu
larly good, and the enthusiastic ap
plause on the part of the audience was
merited appreciation. Vocal solos were
given by Nathan Peterson, Ja^on
Foote, Ray P. Chambers, R. J. Wat
son, Irle Branchaud and Howard Per
sons, and all did splendidly. The
"Rusty Hinge" male quartet, composed
of Nathan Peterson, Lemuel Briggs,
Jos. Kaliher and Jay Winsor sang
pleasingly, and a sextette composed
of the four above named and Howard
Persons and Ray P. Chambers, made
a decided hit with the audience by ren
dering some old plantation melodies
in realistic style. Miss Scheen pre
sided at the piano as accompanist, and
as usual performed excellently.
Wm. Davis acted as interlocutor, and
Howard Persons and Bert Mark were
first end men, and repeatedly "brought
down the house." R. P. Chambers and
Irle Branchaud were second end men,
and the rapid exchange dialogue, point
ed with wit and humor, elicited smile
after smile from the audience.
"Kelly's Dream," given by Mr. Mark
was a screamrand a couple of shunts
by Mr. Persons called forth laughs
from everyone present.
Delightful music was furnished be
tween acts by the high school orches
tra, under the able direction of Chas.
Umberhocker, and this popular musi
cal organization contributed not a
little to the success of the affair. The
"Minstrel Band" which played sev
eral selections on the street in the af
ternon and evening was also a much
talked-of feature.
The program was too lengthy to be
described in detail, but the recitation
by Miss Dorothy Hayes is deserving
of especial mention. Hereunder the
program appears precisely as given,
and suffice it to*say that each number
was creditably rendered:
Overture High School Orchestra
Charles Umbehocker, Director
Opening Chorus* Ensemble
Assisted by Nathan Peterson, the "Mil
lionaire Coon," in 'Cross the Mason
Dixon Line."
Percy tells of his Ancestry.
Mark has an awful experience
Kid has something of the same
Buster in a railroad wreck
Song "Somebody's Been Around Here"
Jason Foote
Percy is also a song bird
Mark has ability in this line as well, and
makes improvements
Kid has to tell of his absence
Buster posted in the real estate business
ConflabPercy to Mark
Song, "Doan Ya Cry Ma Honey"
Mr. Chambers
Percy Gets Puzzled
Mark has a new job
Kid makes a recommendation
Song, "Norway" "The Millionaire Coon."
Selection High School Orchestra
SECOND PARTStreet Scene.
Stump Speech.
"Our First Princeton Band in "x" Miner
Words arranged by Hooly Hooligan Himself
Mr. Chambers
Mr. Mark in Character Song, "Kelly's Dream"
Eccentric Sambo, Mr. Boyn
"Sing Me the Kosary" The Millionaire COOT
Reading, "The Drowning of Leander"....Topiy
Miss Dorothy Hayes
Selection High School Orchestia
SCENEChas. Johnson's Cafe, New Orleans.
Musical Numbers for This Part:
"In Winky, Blinky, Chinky Chinatown"...
The Millionaire Coon
"Ta, Ta, Au Revoir, Choo, Choo, I'm Goin' to
state, but restitution did
and Smit misappropriated
$18,000 of state school funds by means in his Fancy steps
of forged Aitkin COUnty school War
rants. Their friends made good the
Buster Branchaud
"I Want to Go Down South Once Mo'
Rusty Hinge Male Quartet
"We'll Build a Little Home in the U. S. A."
Mr. Persons.
"Mother Machree" Mr. Chambers
"Your Eyes Have Told Me So"....Mr. Watson
Old Plantation Melodies by New Orleans Male
Specialty "Ditties" by Some ob de Coons.
Boxing Bout, Sam Jones and BUI Bones
+Vio c4-+ i. ^+,'+,.i.i j-J "When I Sailed Away From Norwav"...
Coons, and other unnecessaries
Awa Fro Norway
Entire Chorus
The total proceeds amounted to
$128.35, and considering the inclem
ent weather the attendance was more
than gratifying to those who partici
The expenses were rather high, al
though Director Chambers donated his
services, but enough remained to pay
for a banquet, which was held at the
Fredricks restaurant on Tuesday ev
ening. A sumptuous repast was par
taken of, and a jolly good time had.
Wm. Davis acted as toastmaster and
the following responded appropriate
ly: R. J. Watson, John Schmidt, R.
P. Chambers and Robert Berg. Doro
thy Hayes gave a reading, and a mu
sical program was also carried out.
The High School orchestra favored
those present with several selections,
and Miss Grace Gibson sang pleasing
ly. A piano solo by Miss Scheen and
a vocal solo by Mr. Chambers found
favor with those present, and the
"Rusty Hinge" Male Quartet contrib
uted a song to the program and re
sponded to a hearty encore. Vocal
solos by Nathan Peterson and Bert
Mark were also roundly applauded.
Miss Scheen presided at the piano
for all the musical numbers, including
those of the orchestra, in the absence
of Miss Svarry, who is the regular
accompanist. Dorothy Hayes, the lit
tle Miss who participated in the Min
strel show, being the only girl who
took part, was presented with a gold
band ring.
The banquet broke up at 12:30
o'clock and those present pronounced
it the best ever.
The minstrel show may be put on
out of town the near future, and
plans to that effect are now being dis^
Probably Unconstitutional.
Chapter' 168 session laws of 1915
extended the terms of several of the
clerks of court of the state two years
in other words the terms of clerks of
court that would expire on the first
Monday of January, 1917, were made
to expire on the first Monday of Jan
uary, 1919, thus giving the clerks
affected virtually a six-year term.
Sec. 13, article VI, of the state con
stitution reads as follows: "There
shall be elected in each county where
a district court shall be held, one
clen^r of said court, whose qualifica-
ti^^4"'dirtil?..an^JeQmpnsaticQ shall
be prescribed by law, and whose term
of office shall be four years."
Chapter 168 of the session laws of
1915 is clearly in conflict with the
section of the constitution above
The clerk of the district court of
Wright county is one of the clerks
whose term would be lengthened to
six years. John Abel of that county
has secured a writ of mandamus re
quiring the auditor of that county to
accept his filing as a candidate for
clerk of court of that county. There
can hardly be a question but what
the courts will hold that chapter 168
is unconstitutional, and that all clerks
of court whose four-year terms ex
pire on the first Monday of January,
1917, must go before the voters this
The terms of judges of probate and
clerks of court are fixed by the con
stitution and cannot be extended by
the legislature.
The terms of other county officers
will not be affected by the decision of
the courts, whatever it may be.
The decision of the question raised
by Mr. Abel is of local interest as the
clerk of court of Mille Lacs county is
one of those whose term would be ex
tended two years if the constitution
ality of chapter 168 is affirmed.
Horse Plunges Into a Pit.
Yesterday morning at about 1:20
o'clock while John Gilman was re
turning from a drive to Wyanett for
Kaliher & King, one of the horses he
was driving plunged into a pit seven
feet deep in the street near the Riv
erside Garage, and it is doubtful if the
animal will ever recover. Help was
summoned, block and tackle secured,
and after several hours of labor the
animal was in a position to be hauled
out by another team.
The water pipe connecting the gar
age with the city main is frozen, and
three pits were dug to enable same to
be thawed out. The work was being
done under the supervision of Louis
Wicen and Electrician John Bolstad.
A red light was placed at each of the
three pits Tuesday evening, as a warn
ing to the public, but we are inform
ed that the light stationed at the cen
ter pit became extinguished during the
night, and this is the pit that the
horse plunged into.
This is a regrettable accident, as
the horse was one of Kaliher & King's
best. Yesterday the animal was in a
sling all day, being unable to stand.
The three pits were refilled yester
day morning, but the pipe is still
Ti* |i
Appointments Made and Bonds and
Salaries Are Fixed for the
Ensuing Year.
Curfew Ordinance AdoptedPrince-
ton Union is Designated Offi-
cial Village Paper.
The new village council met last
evening with all members present, as
follows: President H. Newbert trus
tees, G. H. Gottwerth, J. A. Smith and
George P. Ross, recorder Clifton Crav
The minutes of the previous meet
ing were approved, and Recorder
Cravens announced that all officers
elected at the spring election had qual
ified, leaving no vacancies to fill aside
from thoso that existed previous to
the election.
The bond of the recorder was fixed
in the sum of $2,000 and his salary
was fixed at $150 per year, payable in
monthly installments of $12.50. The
bond and salary are the same as last
year, and the recorder was also voted
$5 to pay postage for the year.
The salary of the village treasurer
was fixed at $100 for the year, and
his bond was fixed in the sum of
$5,000. A resolution was also adopt
ed instructing him to make a call of
outstanding warrants every month,
and to pay same when funds permit
The bond of Constable Wilkes was
fixed in the sum of $500.
Mayor Newbert and Councilmen
Smith and Ross were named a street
Upon motion duly made and sec
onded and carried L. F. Wilkes was re
appointed village marshal.
The village board of health for the
ensuing year will consist of Dr. Caley,
Mayor Newbert and Marshal Wilkes,
as a result of action taken by the
Justice C. A. Dickey was reappoint
ed to his present position. His term
expired this year, and there is no
doubt but what he would have been
re-elected had it been generally
known that such was the case.
M. McKinnon was re-apointed vil
lage teamster at a monthly increase
in salary of $10his compensation
will now be $65 per month, which is
not too much. Mr. McKinnon is a
good man for the place, and is ever and
always on the job.
Upon motion duly made and carried,
Messrs. Keith, Bryson and Craig,
members of the village commission,
were again vested with police powers.
A curfew ordinance was adopted by
the council, and same will become ef
fective next week, after publication in
the Union. Thereafter all children un
der the age of 16 years must keep off
the streets after nine o'clock, unless
accompanied by a parent or guardian.
This is an innovation in Princeton, but
like ordinances are in force in vari
ous neighboring villages. A short
toot of the whistle at the power house
will be sounded at five minutes to nine,
followed by a longer blast at nine
o'clock, each evening, and children un
der the age limit prescribed found
roaming the streets or# alleys after
that hour, unaccompanied by proper
perons, will be gathered in and dealt
with in strict accordance with the
law. It is planned to enforce the or
dinance strictly, and no exceptions
will be made.
S. P. Skahen was re-appointed vil
lage attorney at a salary of $150an
increase of $50 over the previous year.
Mr. Skahen saved the village consid
erable money last year, and earned
the increase.
A committee consisting of Council
men Smith and Gottwerth was ap
pointed to ascertain if arrangements
could be made with one of the local
banks to cash pay orders for laborers
in the .employ of the village, as soon
as issued. Under present conditions
considerable delay is encountered by
laborers before they receive the cash
they earn, and it is to be hoped that
satisfactory arrangements can be
In the matter of letting the village
printing the bid of the Princeton Un
ion was accepted, and it was desig
nated as the official village paper. The
bid calls for legal rates, but provides
that the total for the ensuing year
shall not exceed $100.
Dice shaking for the treats is now
a thing of the past in Princeton, as
the council resolved that the dice
boxes be ordered out of the various,
business places in Princeton. Slot ma
chines that do not give forth gum or
other merchandise when played were
als,o banned by the council. The orders
were made effective today by Marshal
No other business came up for con
sideration, and after acting on num
erous bills, the council adjourned.
Michael Scanlan.
Michael Scanlan, a respected pio
neer of Spencer Brook, Isanti county,
departed this life Monday evening at
the advanced age of 92 years. Mr.
Scanlan had been feeble for some time,
and old age was the cause of death.
Funeral services were conducted
from the Christian church yesterday
afternoon. Rev. Osgood officiated, and
a quartet composed of Mesdames Well
ington King and Chas. Thompson and
Messrs. Guy Ewing and Nathan Pet
erson sang several appropriate selec
tions, being accompanied on the organ
by Mrs. Ewing. Interment was in
King's cemetery.
Michael Scanlan was born in County
Limerick, Ireland, in the year of 1822,
and came to the United States at the
age of 24 years. He was married to
Miss Nora Carroll at Manchester, N.
H., on Feb. 22, 1852, and eight child
ren were born of this union, four of
whom died in early childhood. Mrs.
Scanlan departed this life eight years
In the year of 1857 Mr. and Mrs.
Scanlan came to Minnesota, traveling
by rail to Dubuque, Iowa, and going
from there to Minneapolis (then known
as St. Anthony) by boat. They resid
ed there until the following yeaif,
when, accompanied by Judge Spencer
and a few other early pioneers they
came to Spencer Brook, Isanti county,
locating on the homestead where they
since lived. Their first home was the
usual pioneers' log cabin.
During the last year of the Civil
war Mr. Scanlan and other of his
neighbors answered the call of their
country, although this necessitated the
leaving of their families to hardships
we of today know nothing of.
During the early years of his resi
dence in Spencer Brook Mr. Scanlan
endured the privations invariably en
countered by the pioneer. The near
est supply station was St. Anthony,
and the only mode of travel were by
ox team or walkingthe latter he
often resorted to, carrying what pro
visions he could on his back.
Deceased is survived by three daugh
ters and one son, viz: Mrs. Katherine
Hewson, Berkeley, California Mrs.
J. W. Hartman and Mrs. Nora Nich
ols of Princeton, and M. C. Scanlan of
Spencer Brook. He made his home
with the latter at the old homestead.
Six grandchildren, and one great
grandchild also survive.
Michael Scanlan was a typical good
natured, whole-souled Irishman, and
exceptionally bright and witty. His
friends included all within the scope
of his acquaintance.
Reduction in Light Rates.
Users of electricity will be gratified
at the reduction of rates from 12%
to 10 cents per kilowat, which will go
into effect this month. The new rate
is as low and lower than most of the
villages and smaller cities of the
state. There may be a few instances
when water power is used where rates
are lower.
The reduced rate is the result of
the strict enforcement of business
methods by the Water, Light & Build
ing Commission. All users of elec
tricity are obliged to pay their bills
monthly failure to pay means a dis
continuance of the service. This is as
it should be. In days gone by the
village lost hundreds of dollars annu
ally through laxity on the part of the
It stands to reason that if some
users of electricity and water fail to
pay for the same the delinquency
must be made good by increasing the
rates to those who do pay, or the tax
payers generally must foot the bills.
Is there any justice in requiring the
taxpayers or the honest users of elec
tricity and water to pay other peo
ples' obligations? That is what it
amounts to.
It is the duty of the Water, Light
& Building Commission to adopt and
enforce such rules and regulations as
will protect the interests of the vil
lage and furnish light and water to
customers at as low rates as possible.
This can only be done by requiring all
consumers of light and water to pay
for what they get, and no favoritism
must be shown to anyone. This we
believe is what the commission is do
ing and will continue to do.
Preparing for Anniversary
The local I. O. O. F. lodge is pre
paring to observe the 97th annivers
ary of the order with appropriate ex
ercises on Wednesday evening, April
26. The Rebekahs will assist in the
observance, and the program is now
being arranged.

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