The Wahpeton times. [volume], February 26, 1914, Image 1

About The Wahpeton times. [volume] (Wahpeton, Richland County, Dakota [N.D.]) 1879-1919

Image provided by: State Historical Society of North Dakota

                
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HENDERSON LOST
HIS APPEAL CASE
Supeme
Court of State Denies
Writ of Habeas Corpus He
Asked for Recently.
CASE OF LOCAL INTEREST
le Decided Adversely to Applicant,
Bail Sinoo Reduoetl and He
la Out Again.
The state Supreme Court last
week denied the appliaction of
Frank Henderson, held on bail and
arrest proceedings, for a writ of
habeas corpus and he was remand
ed to the custody of Sheriff Bu
dack. Following arc the findings
of the court:
1. The common law privilege
exempting suitors and witnesses,
residents of a foreign state, in civil
eases, on their claim of privilege,
from service of civil process while
in attendance as civil suitors or
witnesses in the courts of this st ate,
until after a reaonable opportunity
afforded them to return to their
abode, does not include non-resi
dent defendants in criminal pro
ceedings, temporarily here to de
fend in the criminal action against
them, when the criminal proceed
ings are prosecuted in good faith
and not fraudulently instituted
merely for the purpose of procur
ing the presence of the foreign res
ident that, he might be here served
with civil process.
2. To a non-resident defendant
in a criminal case the law extends
no such privilege, and lie may
while here be served with a sum
mons and complaint and arrested
under bail and arrest proceedings,
an incident to such civil action, and
held to civil bail without there be
ing afforded him any opportunity
to return to his home in the foreign
state.
(Syllabus by the court).
Application of Frank Henderson,
held on bail and arrest proceed
ingss for writ of habeas corpus.
After full hearing the writ is de
nied and the petitioner remanded
to custody.
Opinion by Goss, J.
Wolfe & Schneller, of Wahpeton,
N. D., and E. S. Carey, of Minne
apolis, Minn., attorneys for peti
tioner.
Purcell, Divet & Perkins, and
W. S. Lauder, of Wahpeton, X. IX,
attorneys for Frank Budack, sheriff
of Richland county, N. D., in cus
tody of the petitioner.
Since the above decision was
made known the district court, oil
application, reduced the bail bond
and Henderson has be released.
His trial will not take place until
next term of'court.
MRS. JARVI8 DIES
The wife of Editor Jarvis of the
Oakes Journal died very suddenly
last Wednesday afternoon of heart
failure. He has the sympathy of
everybody in the profession in his
great loss.
Braun's
Theatre
Monday Evening
March 2nd
Daniel Frohman Presents
The Bishop's
Carriage
With Nary Pickford
In
notion Pictures
Two Shows 7:48 and 9:00
Adults 28e Children 18c
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BURKE OR PURCELL—WHICH?
There has been much specula
tion as to whether Ex-Governor
John Burke will be a candidate for
the United States Senate from this
state this year, and nobody yet.
seems to know. It is certain, how
ever, from what he has said, that if
he becomes a candidate it will be
a case of the office seeking the man.
He is not, and will not, be a can
didate on his own initiative.
That he would be a strong candi
date everybody admits. Three
times he has been before the people
of the state and was always elected.
He could be again. There is prac
tically no doubt about that and if
elected he would ably represent the
state in the upper house of Con
gress. He has the ability, and al
ready has a national reputation.
But Burke already has an hon-
We have a man here in Wahpe
ton with at least equal ability. The
Times does not know that he as
pires to that position again, but he
made an excellent senator during
the short, time he was there, and if
Mr. Burke does not want to change
his office now. why not nominate
and elect our l'ellow citizen, the
Hon. W. E. Purcell
He was Burke's choice for that
high office when Burke was gover
nor of tlie state, and he appointed
him himself when there was a va
cancy and he was given the oppor
tunity and everybody knows that
he made good. The Times would be
specially pleased to have Mr. Pur
cell nominated and elected to that
office by the people of the state
themselves, and if given a chance
The Times believes they would very
gladly do so.
WON TWELVE PRIZES
Wallace Manikowske Takes Nearly
Everything in Sight.
Wallace Manikowske has receiv
ed word from Secretary Treasurer
H. L. Bolley, of the i.nproved Seed
Growers' association, that at the
recent state contest he won the fol
lowing twelve rises:
1st prize lot 10, :j:m!.f-r oat class,
$15.
3rd prize lot !), white Russian
oats, 1 year's sub. to the Dakota
Farmer.
1st prize lot 49, 'jerman millet,
$5.00.
2nd prize lot 2(5. Fhimer, 1 yrs.
sub. to North nrot:» Farmer.
1st prize lot 2t.
2nd prize lot .'56, Flint, $7.
2nd prize lot .'14, Minn. 23, $3.
1st prize lot 3.'j, R-it tiers, New
Elk Cultivator.
2nd prize lot 3?, Minn. 13, $5.
1st prize lot 29 ¥s, Sunflower,
$1.00.
1st Special Cl.an.pior«-hip, lots
30 and 35, Farm Stock and Home
3 years.
Champion in Corn, prize Great
Northern Cup.
It is doubtful if any other young
man in the state evev secured an
equal number an 3 vav:ety of prem
iums at a state exhibit, and Mr.
Manikowske mav well feel proud
of his achievement not for the
money value only but for the un
usual honor he achieved.
COURT NEWS
The' case of Millie Gromo vs.
Christian Jorgenson, the jury brot
in a verdict in favor of the plaintiff
for $2000.
In the case of First State Bank
of Walcott vs. Frank Budack as
sheriff the jury brot in a verdict in
favor of the defendant.
The case of Butler Bros.
VB.
Geo. J. Mack, et al, was dismissed
on motion of plaintiff's counsel.
The jury in the case of the State
against Ben lilies, found the de
fendant not guilty.
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VOLUME XXXVIII WAHPETON, RICHLAND COUNTY, NORTH DAKOTA, THURSDAY, FEBRUARY 26,1914
orable position as treasurer of the Kenaston, Sask., is the man wanted.
United States, and one he is filling He is charged with eloping with a
to the entire satisfaction of the double sister-in-law, who was both
people. We can afford to leave his wife's sister and his brother's
him there, unless he aspires to the wife. They were here the greater
U. S. Senate, and it seems that he part of December and then left for
does not. We have other equally Glenwood, Minn., but later went to
good men in the party for the Sen- Minneapolis. In Canada the pen
ate, and then why not leave Mr.
Burke where he is at present?
ELOPED WITH
HIS SISTER-IN-LAW
Canadian Officials Arrive at Hank
inson Too Late to Find the
Man They Want.
HAS A WIFE AND CHILDREN
And, If round, Will be Liable to
the Heavy Penalty Canada
Imposes for the Orime.
A Hankinson dispatch of last
Friday says that seeking a man
who eloped with his sister-in-law,
the Canadian officials have been
investigating local conditions.
James Marshall, a resident of
alty for wife desertion is heavier
than in this state and if the elopers
are caught they will be prosecuted.
Marshall left a wife and children
and the woman a husband and
children.
BUSINESS CHANGES
D. D. Swank recently sold the
building occupied by "Nick" Mey
er as a barber shop to Messrs.
Brown & O'Brien and they, in turn
sold it to a couple of Greek candy
manufacturers of Aberdeen, who
will occupy it as a candy kitchen.
It. is understood that Mr. Meyer
will move his barber shop to. the
Frank Benda building, near the
postoffice.
THE MEXICAN CRISIS
A British subject by the name of
William S. Benton was courtmar
tialed and shot in xico by order
of Gen. Villa last week and, alarm
ed for the safety o? their subjects
in that, country, other European
nations are landing marines and
there is danger of complications
involving the United States.
Germany was the arst European
power to land marines and ammuni
tion in Mexico and other nations
are following in her footsteps.
Official Washington, including
Congress, is fully alive to the gravi
ty of the situat ion, a tic' while The
Times is of the opinion that matters
in Mexico will quiet, down without
any intervention on our part being
made necessary, yet there is no tel
ling what a few days may bring
forth. The query is, Is Germany
trying to force another Pekin situ
ation
GETS VERDICT FOR $2000
Millie Qrun Wins Her Suit Against
Chris. Jerguaon.
The breach of p»\»mipe suit of
Millie Grun against Chris. Jergu
son, son of the contractor for
building the new court house, end
ed in a verdict fcr the plaintiff of
$2,000.
She is a highly respected em
ployee of the City Hotel, and it is
unnecessary to state that the ver
dict is pleasing to the 11 ny friends
of the young lady in tbi» city,
where she is so wftl- and favorably
known.
THE GOLD WAVE
The cold wave that reached this
city last Saturday afternoon spread
over almost the entire country.
Parts of Montana, Bismarck and
Fargo reported as low as 40 below
on Sunday and the entire country
reported a cold wave with much
snow in some places. The coldest
point reached here was 27 below
Monday morning.
BIO FIRE AT OOQSWELL
Fire of an unknown origin and
starting at an early hour Monday
morning destroyed the building
.and stock of the Cogswell Hard-
The case of the State vs. G. A. ware Co., with a damage of about
Goolsbey is now on trial. $3,000, fully insured. The entire
Judge Pollock from Fargo will town was threatened for a time and
be here March 5th to hear the case help was started from nearby towns
of Martin Paulson vs. J. A. Reeds, but orders were cancellel when the
as Judge Allen leaves for Dickey local fire department had the fire
county to hold court. under control.
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OUR TAXATION 8YSTEMI
In a recent address delivered to
the State Association of County
Commissioners at Devils Lake F. E.
Packard, of the state tax commis
sion, declared in an address that
while real property pays nearly
$8,000,000 of the total of $12,000,
000 taxes levied in the state cor
porations, representing much more
capital invested in the state, pay
only a fraction of that amount of
taxes.
He declares that the listing and
appraising of property for taxa
tion has broken down in the state
for want of system. He showed
that apart from real estate, no
class of property in the state is all
listed. As examples of thisj he
cites the fact that in the same year
that the census enumerators found
2,027,030 head of farm animals in
the state the appraisers found only
1.289,640. The census enumerators
appraised these animals at $106,
091,919 while the tax appraisers
found them worth only something
over $22,000,000.
Last month, the bank deposits of
the state aggregated more than
$100,000,000 while moneys on the
assessment rolls was less than a
quarter of that amount. While the
state has $60,000,000 of stocks and
bonds there are but $50,000,000 on
the tax rolls.
The foreign corporations doing
.business in the state, aside from
•tlie railroads, are not paying any
knx scarcely. Tn Rhode Island, for
instance, they paid last year $580,
000 in Ohio $2,500,000 in Ore
gon, $225,000, in addition to their
property tax ill little Idaho,
'M30,000, while in North Dakota
1 liev paid only a measly $1,300.
MEETING OF WOMEN'S CLUB
District Federation to Meet in
This City on April 24.
The fourth district i.^.eting of
the N. D. Federation Women's
(!lubs will be held in this city on
riday, April 24tli. Tlii district
is composed of I-Ni-hlnnd, Cass.
Ransom, Trail and Kt^le counties.
Mrs. E. L. Kinney of TTankinson
is president ana si'.e is arranging
an interesting progra for the
meeting. State President Miss
Minnie Neilson of Valley City will
be present and give an s'ddress.
Social features will given at
the S. S. S. under the direction of
the domestic scicnec department.
The keynote of the Siaie Federa
tion work at th'i meeting will be
rural extension ami an effort
will be made to interest every one
in this work.
E. W. Hoyt was a Sunday even
ing passenger to the cities.
*ft
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any stock in that."
£!mMm?$m
limes
BURKE DEFENDS
THE TARIFF LAW
Wheat Prices Higher in Manitoba
Than at Minesota Terminals
and Politicians
CAN'T FOOL THE FARMERS
He Found the People of North Da
kota Well Pleased With Wil
son Administration.
Ex-Governor John Burke was
interviewed in Minneapolis while
on his way back to Washington,
and he is quoted as follows:
"As long as wheat prices are
higher in Manitoba than in the
Minnesota terminals, republican
politicians cannot make the farm
ers of the northwest believe they
are injured by the tariff," declared
John Burke, United States treas
urer and former governor of North
Dakota. Treasure! Burke left Min
neapolis for Omaha and Topeka,
where he filled sr caking dates
before returning to Washington.
"I found the people of North
Dakota well pleased with the ad
ministration," said Mr. Burke. "A
few of the republican politicians
like Senator Gronna and Congress
man Helgesen have been trying
to make the farmers believe that
the tariff has cut wheat prices, but
the fanners are an intelligent
class, and as long as wheat prices
are higher in Winnipeg than here,
as they are now, they will not
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take
TEACHERS' LEAQUE MEETING
The Parents' and Teachers"
League, formerly known as the
Mothers' club, will meet in Mr.
Sulky's room at the grade school
on Friday of this week at 3:30 p.
in. Dr. Meckstroth will be the
speaker. The mothers ind teach
ers of the city are cordially invited
to attend.
A TEACHER8* MEETING
A teacheis" and patrors' meet
ing will be held in \vaiipeton on
March 7th, under il:e oneetion of
the county superintendent, and an
excellent program is being prepar
ed. Evcrybodv invested in the
work of the sch'i) is invited to be
present.
FARMERS, ATTENTION!
A ehanee to improve stock. I
will sell at my farm two miles'
west of Mantador 10 young Dur
ham cattle, bulls, heifers and eowx.'
(•an trace herd for thirty years to
registered bulls.
2-2(i-3t II. CARTKK.
Wahpeton Hospital
Modern Equipment
Patrons of this hospital have the advantages of a resident phy
sician of thirty years experience in medicine and surgery.
T. O'BRIEN, M. D., Proprietor
FARMERS' MEETING
At Wahpeton City Hail, Saturday,
Feb. 28th, 1 o'clock sharp.
George S. Loftus and Elias
Stcenersou will speak »n coopera
tive grain marketing. The Cham
ber of Commerce of Minneapolis
has been invited to send a repre
sentative. This will give the nearby
towns an opportunity to hear ter
minal marketing discussed by men
thoroughly posted and who meet
their opponents openly. Those in
terested should take advantage of
this opportunity.
THE MINSTREL SHOW
The home talent minstrel show
given at the opera house Monday
night drew a. medium crowd and
was much enjoyed. All did well, and
most of them splendidly. Henry
Kraker was right in his element
and shone as a star of the first
magnitude.
A- vtv 'ESS
i.
NUMBER 1
MISS LAUDER MARRIED
Miss Minnie B. Lauder, daughter
of Judge W. S. Lauder of this
city, \v is married in Duluth, on
February 21, to Mr. Henry Tur
rish, one of the 'leading bankers
and business men of Duluth and
the bride is a beautiful and highly
accomplished young lady so well
known and highly respected in this
city.
On the day of their marriage
they left for th« east and will
spend several months in Europe.
On their return from t»ie continent
they will reside in Duluth. The
bride's many friends in this city
and state tender their congratula
tions.
FARGO COLLEGE WINS
Fargo College won a 25 to 17
victory in a fast basket ball game
here last Friday night. The out
come was uncertain at all stages.
At the end of the fiist half the score
stood 14 to 8 in favor of the Fargo
men.
WAHPETON "PICTERS"
The Fargo Forum of last Friday
evening contains a page write-up of
Wahpeton and "pieters" of 25 of
its business and professional men
These are Dr. Gilbreath, J. G.
Forbes, J. II. Dietz, R. V. Mc
Michael, Walter G. Worner, V. C.
Fandel, A. E. McMichael, W. J.
Robinson, J. P. Murray, F. H.
Hankins, 0. E. Lounsbury. Dr.
Parmer, O. J. Olson, C. A. Donald
son, 11. B. Lidstone, John P. Ol
son, James Purdon, J. W. Worner,
N. J. A. Johnson, Frank Budack,
A. C. Kindler, J. B. Lotzer, If. F.
Lieber, F. A. Burton and Mayor
Eberley.
9