The Fargo forum and daily republican. [volume], November 06, 1903, Image 9

About The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957

Image provided by: State Historical Society of North Dakota

                
v
THE OCEAN
4.
Emperor William Will Send His Big
Yacht to the United States
i ^arly Next Year*'
It Will Compete in the ilnternational
Yacht Race for the Em
3$ jperor'sOiiji.
Berlin, Nov. 6. —The emperor's
schooner yacht Meteor will go to the
United States in the spring to take part
in the ocean yacht race for the emperor's
Clip.
big model for the fair,
Washington, D. C., Nov. 6.—The
$14,000,000 railroad station v^Tiich the
Baltimore & Ohio and Pennsylvania
Co's. will build at Washington will be
represented at the St. Louis. Exposi
tion by a model with a front of eighty
feet, a depth of forty feet, and a height
of fifteen teet from the floor. It will
be on a scale of proportions and effec
tiveness never before attempted in an
architectural model.
SACRED TO MASONRY.
Rochester, N. Y., Nov. 6.—Members
of the Masonic fraternity came from
all parts of the state today to attend
the dedication of the new Masonic
Temple. The ,officers of tlfe Grand
Lodge, Gfcnd Chapter and Grand
Commandery were here, together with
lodges from Syracuse and other cities.
The visitors were welcomed at the rail
way stations upon arrival and escorted
to the hotels.
The public reception this afternoon
was a brilliant affair and largely attend
ed. The front of the temple was dec
orated with a mammoth cross and on
either side were gorgeous Masonic em
blems. Past Commander George F.
Loder was at the head of the reception
.committee and with him were the
grand and past grand officers, and offi
cers of local bodies. The reception
.lasted until late in the afternoon, with
.music by several orchestras., and. six
'organs."-
The dedicatory exercises proffer are
v-to be held this evening, and will be
•under the direction of Grand Master
Crandall, of New York City. Follow
ing the close of the exercises a grand
banquet will be held in Gothic hall of
the temple.
ROUND-UP OF CONGRESSMEN.
JMenben Congress Are Qathertec for the
Special Session.
Washington, D. C., Nov. (*-~Mem
bers of congress are gradually drifting
into Washington in anticipation of the
opening session next week. The old
fairiiiar faccs dre again to be seen about
the hotels ahd other public places,
-while here and there a new member is
pointed out to the old habitues.
Though the social season will not get
into full swing until the special session
is over and the regular session begun
next month, indications are already
£Abundant
'vfe
IJSr
that the capital is to have an
iinusually gay winter. Congressman
William R. Hearst of- New York and
jbcveral ether members of wealth who
are to take their seats at the approach
A ing session are expected to entertain
"on a lavish scale. For the-first time in
number of years the speaker of the
ft^aiouse is not a hotel resident. Con
gressman Cannon, who is to occupy the
Speaker's chair, is expected to entertain
ipn a more elaborate scale than his im
'.tvj-'inediate predecessors whose social ac
-\ivities were somewhat hampered by
Jthe fact that they kept up no estabiish
Clients of their own.
AUTO RACES.
San Francisco, Cal., Nov. 6.—The
much-1a
1
ked-of automobile races under
the auspices of the Automobile Club of
California began today. An extensive
programme has been {prepared and,
'•'Avith Barney Oldfield and other promi
-fcent drivers among the contestants it
is expected there will be a great smash
ing of coast records before the meet is
concluded. Today's programme oj
\races is as follows:
Two miles for gasoline' cars only,
six and one-half horsepower and un
't*ler—first prize, $50 second prize, sil
'f Ver cup.
5
Three miles, "open, for cars weighing
^1,200 pounds and under—first prize,
$100 second prize, $35.
s, Five-mile handicap for motorcycles
first prized silver cup second prize, sil—
ver cup.
Five miles, f?r gasoline cars only,
twenty-four horsepower or under—
4irst prize,
$100
second prize, $25
third prize, silver cup.
Five miles, opin for cars 1,800
founds or under—^first prize, $aoo sec
pnd priie.^o.
Five mites, open event, for pars ir
respectweiof form or weight, but to be
legitimately owned in California—first
prize, silver cup, second prixe, silver
cup.
Ten miles, open event for cars lr
respiectftr^of 99$** or weights-first
LABOR LEADERS GATHERING.
Be Held in Boston.
v
Boston, Mass., Nov. 6.—Headquar
ters wer^ opened today by Secretary
Frank'Morrison of the American Fed
eration of Labor in anticipation of the
twenty-third annual convention of the
organization which begins Monday in
Faneuil Hall. Many of the delegates'
have already arrived and it is expected
that by tomorrow noon all of the 500
delegates, representing among them
2,000,000 organized wage-earners of the
United States will have put in an ap
pearance.
Seldom if ever before in the history
of the federation has one of its conven
tions attracted such widespread atten
tion as will center in the proceedings
of the coming week. For the first
time in nearly a decade there promises
to be a spirited contest for the presi
dency. Samuel Gompers, who ha
be.en at the head of the organization
for- many years, has of late aroused a
feeling- of some antagonism among
certain element of the members, not
ably the United Mine Workers, who
charge Gompers with having given
them but half-hearted support in the
recent great strike in the anthracite
region of Pennsylvania. President
John Mitchell of thg mine workers,
while refusing to stand fpr the presi
dency of the federation himself, is un
derstood to favor the candidacy of
James Duncan, secretary of the Gran
ite Cutter's Union and first vice-presi
dent of the federation. Duncan also
has the support of B. J. O'Keefe,
president of the Longshoremen's Un
ion and other prominent leaders, and
from all indications he will be able to
put up a strong fight against Gompers
even if he does not accomplish his
overthrow. .• *v
WOULD CANCEL POLICIES.
St Louis, Nov. 6.—In the United
States circuit court the Mutual Life In
surance Co. of New York filed an ap
plication for cancellation of two' life in
surance policies aggregating $250,000
carried by the company upon the life
of James L. Blair. The company
charges that the policies were secured
through fraudulent representations.
The petition further charges that Blair
attempted to take his own life on Oct.
13 and Oct. 31, and defraud the com
pany of the amount of the policy.
MACEDONIA' AT ST. LOUIS:
St. Louis, Mo., Nov. 6.—-A Mace
donian-Albanian concession at the
Louisiana Purchase Exposition is like
ly to mark a departure from all prev
ious expositions. An attache of the
consular section of the ministry of for
eign affairs at Belgrade has been in
correspondence with Thomas W. Crid
ler, World's Fair Commissioner for
Europe, with the view of obtaining such
a concession.
It is proposed to include in the ex
hibit a Macedonian house with its in
ner arrangements and its home life na
tional and feminine costumes national
songs and justic together with Turkish*
Albanian, Greek, Servian, Roumanian
and Bulgarian danccs.
•?v
OHIO TEACHER&
k
'VJji,: -ii"
than
Cleveland, O., Nov. 6.—More
1,000 school teachers have arrived in
Cleveland for the annual convention of
the Ohio Central Teachers' Associa
tion. The visitors represent every
county embraced in the territory cov
ered by the association.
Today was spent largely in visits of
inspection to the public schoois of
Cleveland. The formal opening takes
place this evening when there will be
addresses of welcome and responses
and several addresses by distinguished
educators. Tomorrow will be occupied
with business sessions and sectional
conferences at which there will be pa
pers, addresses and discussions cover
ing every branch of educational work
from the district school, to th$ higher
educational institutions. ,,
tlREAT DELAY OVER JURORS.
ITfcuTnHible In Selecting Jury at Langdon it
Increasing.
Langdon, N. Nov. 6.—At the
present rate it will require,, several
weeks to secure a jury to try William
Barry of murder, and it looks now as
though it would be impossible to secure
a jury i,n Cavalier County. Yesterday,
the second venire was summoned and it
is expected that this will be exhausted
by today's examinations.
Attorney Nye in examining jurors in
behalf of the state so far has confined
his passing of jurors'to general dis
qualifications.
The difficulties of the juror when ex
amined in behalf of the defendant by
Attorney Purcell appear to show that
actual or implied bfes does not exist
through previous knowledge of the
a y a e y o y e a o
So far the seeuinw', jurors in
tfte fcresent trial show? mlteatibiis of
png, compared wittt thd progress
$at, the, first /trial, whfii tMfo^yry-
iff
png,
compared witB thd progress
|r bl 1
es frottfr
fe arrived,
fd, in fact,
his sisters and c#r
are understood
does
—ie.
A PECULIAR
LAWSUIT
A Prisoner in a Washington State Pea
Has, an Unusual Ground
^Dama*e8-
He Blames His Troubles Onto Some
Men Who Failed to Keep
The plaintiff blames the defendants
for the serious trouble in which lie be
came involved. Mendenhall claims that
he had arranged with the defendants to
deposit the money in the bank for him
to obtain money with which to pay for
the apples and as alleged the failure
and refusal of the defendants to
was the cause of his conviction on the
criminal charge. During his confine
ment in the Yakima County jail in the
state of Washington the plaintiff claims
1:14
fts"""""1'- SCI..
Butte, Mont., Nov. 6.—An amended
complaint was filed in the district court
in the suit of Edward C. Mendenhall
against T. M. Hodgens and T. Dennoon,
doing business as the Copper State Fruit
Co. Plaintiff Mendenhall is now serv
ing term in the penitentiary of the state
of Washington on the charge that he
had obtained four carloads of apples on
the alleged pretense t'iiat he had $5,500
on the bank to pay for them.
MRS. BOOTH-TUCKER, WHO WAS RECENTLY KILLED
RAILROAD WRECK.
that he. lost the use of his right eye
and his lungs became diseased. For
the physical disabilities that he alleges
he sustained through the imprisonment
and for humiliation and alleged dam
age to his character and reputation
the plaintiff asks for a judgment in
damages in the sum of $64,000 and $2,
900 alleged to be due for alleged services
rendered.
FOR ROXBURGHE WEDDING.
New York, Nov. .6.—The Duchess of
Roxburghe, mother, of the Duke of
Roxburghe, and her daughter, Lady
Isabel Innes-Ker, were passengers on
the Cunard liner Campania, which ar
rived today from Liverpool. They
come to attend the wedding next Tues
day of the duke and Miss Goelet. Safe
ly stowed away in the Campana's
strong-box were emeralds of priceless
value which will form a part of the
Duchess of Roxburghe's wedding gift
to the bride.
CONVENTION OF EDUCATORS.
Wahpeton, N. D„ Nov. 6.—The
Southeastern North Dakota Education
al Association began its semi-annual
meeting here today with an attendance
thai completely filled the large auditor
ium of the new high school building.
Four counties were represented and in
itl, wh# tvfo......
tjke first day.'* ^tsie^a^litton there were a number of dis
wfrpiJfehed educators from various parts
neighboring states. The
speakers today include Su-
by the
it the de
li be tnen-
Emma Moss Booth-Tucker, recently killed In a railroad wreck, was the
second daughter of General William Booth, commander in chief of the Salvation
Army. She was married in 1888, when she was twenty-eight years of age, to
Commander Tucker, who thereupon adopted the double surname Booth-Tucker,
by which he has since been known. Mrs. Booth-Tucker spent her entire life in
the service of the Salvation Army and was noted for her eloquence and execu
tive ability. In 1896 she and her husband were transferred from India to the
United States, where as consul she exercised equal authority with him in the
conduct of the army's affairs.
Aifred Logie of Far«o,
will continue through tomor*
REPUBLICANS
An Important Business Meeting of
tl|e State Association Held at
-J&' ... .11
HUlsboro Thursday*
LaFol,ette
\/r
Resolutions Were Adopted Strongly
Endorsing President Roosevelt.
spo^^
A business meeting of the Scandina
vian Republican State League of North
Dakota, called for the purpose of ar
ranging for an extension of the league
work in the state, was held at Hills
boro yesterday, and over 100 delegates
were in attendance. Two sessions were
held, morning and afternoon. J. *A.
Sorley, president of the league, pre
sided, and in the absence of Secretary
Hanson, of Fargo, P. O. Thorson of
Grand Forks, acted as secretary.
Plans for an extension of the league
work were discussed at some length and
a committee will be appointed by Presi
dent Sorley to take charge of thes ex
tension work.
A committee on resolutions, compos
ed of H. T. Helgeson, Ole Serumgaard,
J. A. Sorley, P. O. Thorson and Theo
dore Kaldor, presented a set of resolu
tions, which were adopted without a
dissenting vote a dnamid considerable
enthusiasm. While the resolutions were
being read Governor LaFollette of Wis
sonsin, entered the hall, and was given a
royal welcome by the league members.
The governor, very promptly commend
ed and endorsed the resolutions and in
a short address urged the members to
work along the lines laid down by the
resolutions, claiming that constant and
hard work would certainly bring its re
ward. The resolutions:
In conformity with the provision of
its constitution, the Scandinavian Re
publican State League of North Da
kota, at a regular called meeting at
Hillsboro, Nov. 5, 1903, do hereby adopt
the following declarations of princi
ples:
First—^We endorse the able, fearless
and just, administration of President
Theodore Roosevelt, and especially
commend him for the stand he has taken
for purity in politics and honesty and
integrity in public service and honesty
and integrity in public service and pri
vate life, and pledge him our loyal sup
port in his candidacy for re-election.
Second—Believing in purity in poli
tics and the sacredness of the ballot
and that the present primary election
system is inimical to true representa
tive government, we pledge ourselves to
the support of the enactment of a pri
mary election law,' providing for the
nomination of all public officers, by di
rect vote of the people.
Third—Until the enactrfient of such
primary law, we are unalterably op
posed to the unit rule, being enforced
in nor
Foi
shoulc
den o|
ment
Cflnjr^itions
'1|at all property
pare of the bur
we favor the
cmeni of such
SHOOTING AT MAYVILLE.
A Drunken Row Developed Into a Shooting
Scrape--,No One Injured.
Mayville, N. D„ Nov. 5.—To The
Forum: In a drunken brawl that oc
curred in the Olson livery barn John
Lindberg fired three shots at M. P.
Brandon, one of the shots going
through the vizer of the latter's cap.
The cap was not its owner's head, how
ever. Lindberg was arrested and jail
ed, and later was arraigned before Jus
tice Torgerson, who by direction of the
state'sattorney imposed a fine of
$5
and
twenty days in the county jail.
A. J. Osman of Portland has bought
a half interest in the livery business of
E. E. Ellertson and the firm will be
known as Ellertson & Osman. Osman
has secured a house in town for his
family.
Julius Rosholt of this city and Jacob
L. Rosholt are among the incorpora
tors of a new first national bank at
hiampden, this state, the capital of
which is $25,000.
The ladies of the Synode church
gave a social at the residence of N. D.
Nelson at which over $31 was netted
for the church. The evening was very
pleasant for all who attended.
The Mayville high school football
team went to Hillsboro last Saturday
to play the high school team there. The
score was 20 to o in favor of the for
mer team. The organization of an ath
letic association at the normal has got
as far as the adoption of a constitution
and by-laws. The organization will be
perfected soon by the election of offi
cers.
Dell Shaw, a printer on The Goose
River Farmer, took part in an "ad"
writing contest conducted by a St. Paul
paper, and while he did not win the
prize, he did receive a letter compli
menting him on his work and offering
him immediate employment on the pa
per in its advertising department. He
was unable to accept, however, on ac
count of personal reasons.
At a basket social, given at the home
of Mrs. Halvor Skadeland of Mayville
Township, by the lady of the house,
Mrs. H. H. Skadeland and Mrs. C.
Gulicks, $100. was netted for the city
hospital. Twenty-one baskets were
auctioned off by John Larson, some of
them bringing 4s high as $7.
President Joseph Carhart will attend
the educational meeting at Wahpeton.
Professor Robison is on the pro
gramme. •, Cor. M.
as will result in the equal taxation of
all property.
Fifth—We believe in the maintenance
and enforcement of our present prohibi
tion law.
Sixth—We recommend that the re
publican party at its next state con
vention, embody these principles in its
t|4atio0814.
v. "TO THE A. C.
Walhalla Mountaineer: Keith Mc
Guin left Monday for the agricultural
collegc where he will take the general
course of study, after completing which
he will take some branch in science or
the professions. Keith is one of our
best young men who passed through the
school here and did it with honors. He
will be one of the progressive pupils of
the A. C., which will not be ashamed
of him when he completes his studies.
We wish Keith every kind of success
now—and later in life.
GOOD ORDINAN
Grand Forks Herald: At the ad
journed regular meeting of the council
Tuesday evening, the council, by an al
most unanimous vote directed that the
ordinance relating to street signs should
be enforced. The order naturally was
directed to the mayor, The ordinance
in question is an old one and provides
as follows:
It shall not be lawful for any per
son or persons to suspend or place or
cause to be suspended or placed any
goods, wares, merchandise, sign, sign
boards, sign posts, swinging signs,
canvass, fixture, article or thing what
ever in front or rear of any house,
store or other building, which shall ex
tend, be suspended or placed more
than two feet over or upon any side
walk or alley from the line or wall of
such house, store or building. Any sign
board, swinging sign, canvass, fixture
or thing suspended or placed over or
upon any sidewalk or alley previous to
the publication and passage of this or
dinance and which shall extend, be
placed or suspended more than two feet
from the line or wall of any such house,
store or other building is hereby defined
and declared to be a nuisance, and the
owner thereof, or the owner and occu
pant of the house, store or building in
front or rear of which the same may be
placed or suspended, shall, within ten
days after the'publication of this ordi
nance, remove and abate the same in
default whereof the mayor may cause
the same to be abated and removed by
the chief of police. Any person who
shall violate any of the provisions of
this ordinance shall upon conviction be
fined in'a sum of not less than.$10 nor
more than $25, and a like penalty for
every day's continuance, thereof, after
conviction,"
The ordinance has been among those
published in the book of ordinances for
many years, and there is a feeling in'
the council that it should be either re
pealed or amended so that it would
conform more closely to modern meth
s of. si£n jSUXy®'
the
liderable
Of the
IK A-
UPPER COURT
DECISIONS
The Supreme Court Hands Down An*
other Bunch of Decisions on
Appealed Cases.
Judge Cowan of Devils Lake Gets ail
Even Break—Judge Lau4*r
Is Affirmed.
The supreme court has reversed the
district court of Pierce County, Judge
Cowan presiding, in the case of the
state vs. Wm. B. Tough, who was con
victed of burglary in the third degree,
in the entering of a railroad car with
intent to steal. The points upon which
the reversal is ordered are set forth in
the syllabus, which says:
1. The statute, section 8082, Revised
Codes, specifies the ground upon whjch
an indictment may be set aside on mo
tion of the defendant, and these are ex
clusive of all other grounds.
2. Where a duly licensed and practic
ing attorney appeared with an assisted
the state's attorney in the prosecution
of a criminal case in the district court,
with the consent of the presiding judge
of the district, it will be presumed, in
the absence of a showing to the con
trary, that he was rightfully there,
either under an order of the court made
pursuant to and for one of the causes
specified in the statute, or because of an
employment by the county commission
ers of the county, with the advice and
consent of the state's attorney. If any
error was committed by the trial court
in overruling defendant's objection to
the participation of such attorney in the
trial of the case against him, it is not
available to defendant because not made
to appear upon the record of the ap
peal.
3. An indictment for burglary in the
third degree, for breaking and entering
a railroad car with the intent to steal,
as defined in section 7406, Revised
Codes, will sustain a conviction for the
minor and constituent offense defined
by section 7411, Revised Codes, of en
tering a railroad car with intent to
Steal.
4. A coavictiort for entering a rail
road caK with intent to steal will be
sustained agaiqst li\c objection that tjje
evidence is insufficient to show a bur
glary, the verdict amounting to an ac«
quittal of burglary.
5. Upon a trial for burglary, the ac
cused being charged with breaking and
entering a railway car in which prop
erty was kept, with intent to steal there
in, under section 7406, Revised Codes,
and in defense testified in effect, that
he entered the car to obtain coal in re
liance upon statements made to him by
the person who accompanied him and
assisted in taking the coal that such
person had a license to take coal from
the car accused was entitled to have
the jury instructed upon his request as
to the statutory definition of larceny,
in order that they might be informed
that to convict they should find he in
tended all that is essential to consti
tute larceny.
6. A defendant has a right to have
an instruction based on his own testi
mony and to testify as to his intent
7. On the trial of a party for bur
glary with intent to steal, where the
evidence upon material points in the
case is conflicting, it is error to refuse
an instruction for the defendant fair
ly, the law on the theory of the case
contended for him, having a basis ia
the evidence on which to rest.
(Syllabus by the Court.)
Appeal from district couit Pierce
County Cowan, J.
Defendant was convicted, under sec
tion 7411, Revised Codes, of the offense
of entering a railroad car with intent
to commit larceny, and appeals. Re
versed.
George A. Bangs, for appellant.
B. L. Shuman, state's attorney fog
the state. Opinion by Cochrane, J:
Judge Cowan is affirmed in the case
of John Johnson vs. the Great North
ern Railway Co. This is one of twen
ty-seven prairie fire damage cases
brought from Williams County against
the Great Northern road. Judge Cow
an denied a motion to make the com
plaint in the cases definite and certain
and from this the road appeals. The
court in its syllabus says:
1. In a case where the complaint
states that a fire was negligently start
ed by one of the defendant's engines on
Sept. 18, 1902, and plaintiffs property
thereby destroyed, a motion to make
the complaint definite and certain by
stating the time of day when the engine
certain, so far as the nature of the
ch n ge or defense is concerned, that
the remedy afforded in section
a^pli^s.
v
passed the point where the fire origt
nated, is not the proper remedy.
The complaint is not indefinite or un
certain so far as the nature of the cause 1
is concerned^ within the meaning of
section 5284, Revised Codes.
j. It is only when the complaint or ,~
answer or reply is indefinite and
v
5284
4. In cases where the pleadings are *tif
definite and certain as to the nature of
the charge or defense, but fuftl&r par
ticulars are required for furtjtetjlead«
ing or for due prestation for tinal, the
remedy is by asktntf a bill of particu*
lars to be ttiftiiil
5. The remtiUm
5284 and 520a, Jlevi
tinct and tobbf
&