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1* $ i BM PART II. 'P»rfe« 9 to 12. «T. REPUBLICAN, ESTABLISHED SEPT. 5, 1878. LOUis CLUB TO HARRY TAYLOR KILLED. Yotmg Carpenter Is Dead of a fall in a La Moure Elevator. LaMoure, N. D., Aug. 7.—Harry Tay lor, a young man who was working on a grain elevator in this city, met al most instant death. He slipped on a faulty two-by-four, which gave way, precipitating him into one of the bins', a distance of fifty feet. His home is In Otter Tail county, Minn. 8enator Scrappy, Fort Worth, Tex., Aug. 7.—When a reporter sought an interview with Sen ator Bailey in his hotel on a recent magazine attack, the senator from Texas said: ."You can't get anything out of nae. Tour dirty paper and the press in gen eral have villifled my character. Get oyt of here." The reporter told Bailey he was no gentleman, at which the senator made a dash toward the newspaper man. A ttjrht was prevented by friends. Race for Astor Cups. Newport, R. I., Aug. 7.—Never be fore was there so much rivalry among the members of the New York Yacht club and never was so much eagerness to win the Astor cups as this year. The race for the Astor cups which is being sailed today off Newport, will Undoubtedly go down in history as one of the most spirited contests ever held in this part of the country, The races of the New York Yacht club have attracted hundreds of the craft from all parts of the coast and when the competing yachts and sloops started for the starting line today they were accompanied by a formid able fleet of racing and pleasure craft, more numerous than any gathering of yachts, launches, sloops, schooners and other kinds of boats ever seen together in this harbor. Among the boats taking part In the races are some of the swiftest yachts and sloops of this part of the country, many of which have won important races In the past. Colonel Astor this year, at last, has made the sloop prizes the more valuable. Tiffany & Co. have made the prizes, which are Of unusual value and beauty. The cup for sloops is of eighteen carat gold and goblet shaped. It has two handles and stands eleven and two eighths inches high to the brim. The weight is 626 pennyweights, and the capacity is about one aiid one-half pints. A figure of Victory in relief, holdlhg a laurel wreath in each hand, appears on the front of the cup. It stands in the coi entlonalized bow of a vessel. The scrolls which form the bow are repeated four times around the body of the cup and immediately below the band of short curved lines symbolize water. The inscription "Astor Cup for Sloops" in raised let ters, is above the figure, around the rim of the cup. The stem which con nects the body of the cup to the base is chased with a delicate vertical fig ure of scrolls. The Astor cup for schooners con sists of twelve sterling silver plates. These measure ten and one-half in ches in diameter and have a narrow scroll border. On each of the plates is the following Inscription: "Astor cup for Schooners, won by the winning yacht's name to be added im mediately after the race. i Ms "A J, ft* CHANCEFORBASHFIIL lufperial Po PROMOTE MATRIMONY. Picnic Is to Be Given Saturday to Open Up the Market for Those Who Have Never Boon Up Against the Game. 1„. St. Louis, Mo., Aug. 7.—The Matri monial club is to have a picnic at Ma ple Grove next Saturday. Object, matrimony. The purpoM of lite club la best set forth in a public circular, which says in part: "Many young men of the west end, having grown tired of their single blessedness and resolved to better their condition if they can, have or ganized a club, to te known as the Matrimonial club, whose object is to ^ive a series of matrimonial picnics and balls, to bring the unmarried ele ment of St. Louis together in a con genial, friendly gathering. "We realize that there are thousands of good young ladies and gentlemen to this city who would be only too glad to get married and settle down if they could find suitable partners. We **el that if this vast army of young Be6ple can be brought together with tle right spirit, that it will offer ex eellent opportunity to relieve the city Of its congested condition of unmar ried men and women. The Solution, "The servant girl problem, the fac t«ry girl, the dearth of marriages, etc Ma questions that interest everybody Every day we see our sisters entering the workshop and required to do work intended for men, instead of be iilg permitted to remain at home to beautify the household for the strong er sex and add to the sunshine and happiness of our lives, for which our hearts crave. "We believe that the best remedy for all of these ills is to place the girls in their own homes, where they really belong, and we believe this re sult can be accomplished better by bringing them together with a definite object. "Our first attempt to get the willing ones together will be Aug. 11, and we want every unmarried person to be there wearing their best smiles as well as their best clothes. We want to see what is on the market." •d V-J ,f 1 For the third time within the past three years, El Zagal shrine will en tertain an imperial potentate of the Mystic Shrine of the world this even ing. Alvah P. Clayton Of St. Joef Mo., head of the order of the Mystic Shrine, and one of the best known shriners in the world, arrived in the city last night and a ceremonial session in his honor will be held at the Masonic temple this evening. Mr, Clayton is accompanied by his wife, who will be entertained at the Waldorf hocel by the wives, daughters and sisters of the local shriners. Mr. and Mrs. Clayton have been on a trip to the Pacific coast. They were entertained royally by shriners throughout the west and are now en route home. They will stop in Minne apolis and Sioux Falls before they ar rive in St. Joe and word has reached this city to the effect that elaborate preparations are being made by El Riad shrine at Sioux Falls and by Zu rah shrine of Minneapolis to make the visit of the imperial potentate co those places memorable. At 8 o'clock this evening Mr. Clay ton will be escorted from the Waldorf hotel to the temple by the officers of El Zagal Shrine in costume. They will be accompanied by the Arab patrol and the shrine band. Immediately aft er the arrival at the temple the work will be commenced. There are a num ber of candidates who will be led gently over the hot sands. Mr. Clayton's visit here at this time is rather inopportune inasmuch as from this visit he will hardly be able to realize the significance of the order in this state. At just this time of the year North Dakotans are almost with out exception engaged In some branch of the .work of harvesting the crop, and many shriners who might other wise attend the .meeting this evening will not be able to do so on account of the press of important business. How ever, the officers of El Zagal temple have been working hard and the plans have been perfected for a most suc cessful meeting this evening. Fight for Prohibition. Tacoma, Wash., Aug. 7.—J. E. Mar tin, a Cincinnati hotelkeeper and pro hibitionist, says he will consecrate the proceeds of his Alaska mining prop erties up to $600,000 yearly to the cause of the prohibition party, to wipe out the liquor traffic. "The party has heretofore had not Vf y n ...S Vtn k Alvah P. Clayton, Imperial Potentate of the Mystic Shrine of the World. to exceed $50,000 yearly for carrying^) on its work. Martin is st)le owner of mines on Douglas island, Alaska, which it is estimated will produce several hundred millions in gold. Nye Family Reunion. Sandwich, Mass., Aug. 7.—Several IP* hundred members of the American branch of the Nye family met here to day at their annual family reunion. William L. Nye, of this city, is the host of the occasion. An interesting programme for the entertainment of has been prepared. SC i,1* wi ,,, u AND DAILY REPUBLICAN. FABGO, KOliTH DAKOTA, TUESDAY .KVKNINU, AUGUST Clayton Pays Visit to EI the visiting members of the family procedure is wholly different because HVi .T CONSTITUTIONAL LAW. Attorney Robinson Writes on to Be Given Judges. To The Forum: This time I Pow®r«l°f The point I wish to make clear is this: If a judge meet you on the I party who is the object of the proceed decree. Such a decroe is not appeal- Ioous ceeding." That is every other judicial remedy—every other remedy in a court of justice—is a special proceed-I ing.. any property light, however small, lit rests on assumed legislative omnlp-|an(1 Treat, lituatrous Potentate EI Zagai Shripa. IT ORUI 7, l'KMi Gtence, which may confer the same or Similar power on any Justice of the peace, register of deeds, or other of ficial. Such a power, if constitutional, may be used to expedlate the admin istration of justice. When a poor man has earned wages tnd cannot afford the expense of a .aw suit—when any party has an hon est claim for money due hlin, why should he not be permited to prove the same before a justice of the peace, register of deeds, or the clerk of some court, and forthwith obtain a judg ment and execution? Why put him to the delay and expense of serving a notice on the adverse party and there by inviting a doubtful contest? When any party can show that he has good ground for a perpetual in junc tion, why should he not obtain it immediately without incurring the ex pense of a dubious suit in equity? The answer is that such a proced ure puts it in the power of one man to rob another, and does not make It pleasant for the one that may be rob bed. Then there are these two con stitutional mandates: "No state shall deprive any person of life, liberty or property without due process of law. "No state shall pass any law impair ing the obligation of contracts." Due process does not mean that a judge may go around the country making final decrees divesting legal remedies and contractual obligations It means that a person affected by a judicial proceeding must have clue and legal notice of the same, and an op portunlty to appear and protect his rights. It means that notice and hearing must precede a final decree, and that a legal notice Is an essential element of jurisdiction without which a judge can have no more power than a register of deeds or a sheriff. "By the obligation of a contract Is meant the means of enforcing it.* "Validity and remedy are both parts the obl,Sati°n write To lessen the efficacy of the remedy on the A. B. C. of constitutional law I to Impair the obligation to destroy and on a statute purporting to give the remedy is to destroy the obliga to a district judge an extra judicial Man power similar to that of the ancient' These Knight Errant. It is in effect that on an affidavit showing a legal counter claim or other valid defense a distric judge may enjoin a foreclosure by ad vertisement. years, street and order you to stand on your foreclosure, but does not bar a fore head, to sit down in the mud, to com- elosure under the power of sale, which mence a suit or to stop a suit or a sale is a you do not have to obey, even though 3419). He publishes a foreclos the order be made in writing pursuant to a statute. Such an order can have I *n no force unless made in a judicial pro- uro ceedings there are two essential ele- decree? Does it not divest a party of ments of jurisdiction. The first is giv-I ings if either is wanting there is no I 3 jurisdiction, and you will notice that I If a propositions are within the A. B. C. of constitutional law let us apply them to a procedure under the Knight Errant statute. Let us con ceive that a party has a mortgage lien securing $2,000, which is confessedly unpaid. It has run fifteen or more that time bars an action to contractual part of the security notice and is about to sell, when a twinkling an ex parte decree is issued ceeding and oil due legal notice. I depriving him of his only legal rem You know that in all judicial pro- ,ly- forever enjoining the sale and VVhat is the legal effect of the valuable en by law and it relates to the subject MvaIue his security, and delay or of the controversy, the second is ob-I tained by the service of process on the I an ex contract right and impair doMtruy hls of remedy and the obligation ^is eontract? Is it not the same as Parte judgment that the mort Ba&e "Rn k® cancelled and discharged not tl,e Ha,ne as this peculiar statute does not concern- judgment for $2,000 with interest and plate the service .of process or notice costs? Ih 11 not the on any one. Under it a party may pre- Ii,ar decree made by the register of sent an. affidavit to a judge, and In I deeds under a similar statute? the twinkling of an eye obtain a final I iud»e may I A judicial remedy can only be ad-1on ministered by a court having juris-1 without due and legal notice and aril111 opportunity to defend his rights. But, under the Knight Errant statute the thm of the nyi»(i niji .hi *et up an instantan- bar to a leKal able because It Is not made an an Itho legislature may not do It, because an an action or special proceeding. "An ac tion is an ordinary proceeding in court of justice by which a party pro secutes' another party for the enforce ment or protection of a right, the re dress or prevention of a wrong, or the punishment of a public offense." "Every other remedy is a special pro- FORUM ESTABLISHED NOV. 17, 1891. It an ex parte »ame as a sim remedy, learly a legislative bar must give a reason able time for every one to avail him self of the remedy. If a judge may bar the remedy In one county or in one judicial distric rind not In another, clearly the legisla ture may not do it, because all laws of a general nature must have a unl form application Can il be true that the a ,ien or a ,effaI existence of remedy may depend on the will and pleasure of a judge— hls ex lavv diction of the person affected by the I under the Knight Errant statute i remedy. In all judicial proceedings Judge has absolute power in his dls there Is a guarantee of due process retion to divest a party of his legal of law which means that no man shall I remedy and contractual right without be condemned unheard, or deprived of Parte decree—and not on the 'and? Yet it is true that any notice or may be warning and the power exercised in one case, one cial county, in one judi district and not in an- othor rt rests entirely in the dlscre- Judge. There is no appeal no the value of the lien that may be divested or impaired. And still there are lawyers who contend that It is constitutional!!! How amaz ing! It seems the mind does not always perceive clearly the distinction be tween judicial and arbitrary power, and it naturally assumes that any power emanating from a judge is ju dicial. To my legal perception anything in the nature of a final order, decree or judgment, made without due and legal notice, divesting, impairing or destroy ing a contractual or cither property right is clearly unconstitutional. It is purely arbitrary it has no more war rant in law than a judicial and sur reptitious blow on the back with a club. Quite recently, In Barnes county, a party prosecuted a suit in a legal and regular manner to enjoin the fore closure of a mortgage, on the ground that for eighteen years he had made default In payment. The proof was conclusive and uncontradicted, but the supreme court denied any relief, only on condition that he pay the debt and interest. The decision is based on an old maxim, that he who seeks equity must do equity. If the law does not change with the form of the procedure, the same rule or maxim may govern similar cases under the Knight Errant statute. J. E. Robinson. International Gloveworkers. Milwaukee, Wis., Aug. 7,—Twenty five delegates representing the various organizations of the glove workers of the United States and Canada are in attendance at the annual convention of the International Glove Workers' Union, which opened here today. Geo. Taylor of Gloversville, N.Y., the pres ident of the international organization, is the presiding officer at the meet ings, which will extend oyer three iiays. sifi 1 mm •IS E PEOPLE'S PAPER SW PMI'tKITY COMMERCE ADVANCES BY 4&APB AND BOUNDS. Shortage of Dime* and Other Small Pieces Caused by Business Demands —No One Is Hoarding the Small Coins As Reported. Washington, Aug. 7.—Treasury ex perts have discovered that the per capita circulation of money in the United States is $32, and that the per capita of small coins—quarters, dimes, nickels and pennies—Is rapidly in creasing. The output of metal money continues without interruption at all the mints, and still the supply is nt equal to the demand. Recently it was announced that there was almost a shortage of dimes, and immediately It was supposed that somebody was hoarding these small silver pieces with a view to cornering the supply. But this Is not the case. The legitimate demands of business In these times of unusual prosperity have created this shortage. M1MOT SUMMER 8CHOOL. Was and are guaranteed by the constitution against impair ment." Huge Success—Something Of the Work. Bantry, N. D., Aug. 1.—To The Fo* rum: The summer school just clewed In Mlnot was the best ever held In tlM northwest. The privileges of tb« school were not fully understood Ujp teachers and board or more would have a attended the whole three weeks. For Instance, Mr. Raftery of Meadow, who sat for county examfna ions in Towner May 25-6, at an ex x-nse of not less than $10 for fare, hotel and fee, passed the first grade examination at the end of summcr sc-hool instruction in said subjects, and does not have to sit in August at further expense. He has done so well that he has secured the principalship in the new consolidated school in Up sarn. It was mostly tiie young men who secured such privileges. Possi bly they are all reaching towards law. But one man is leaving the new Dun ard college in Ward, and is reaching nto Montana. He, too, was doin# blackboard work In algebra and geom etry under the able instruction of Conductor Hoover. What an excel lent leader Mr. Hoover Is! An A. C. girl, now a teacher in tho L-sbon school, led the agricultural cla^s admirably. But It was curious to see only women—the rural district school ma'ams—sitting in her class. When she led her class afield by tho river or on the hill in Minot, the? lads came too, and showed a knowledge of plant, tree and flower that they had gathered in the hayfleld. But nobody agreed with them about Solomon's Seal. Miss Stapleion is so earnest, so modest and pretty that we all enjoyed he work. Teachers who* do not recognize the signs of the time In agriculture, are sinning away their day of grace and usefulness. The correspondence class of the A. C. is a venture we are all going to try up here. Mrs. Flynn, once Mrs. Roberts of Valley City normal, Is an ideal work er, whose coming winter among the little Jews in Chicago, will make Ideal citizens of those poor shivering refu gees from Russia. i'rofessor Alexander Is the essence of manliness and good works. May his shadow never grow less. Miss Sullivan of Ramsey county, Minn., was the artist of the faculty, tnd though a new worker in North Dakota, was so good that she will surely be Invited to return. The lecturers included Professor Blair of the Duluth state normal, giv ing an account of a year spent in Ger many studying their methods, espe cially their geography (which won the Franco-Prussian war in 1870) Rev. G. Powell and his witty handling of Herbert Spencer, and State Super intendent Stockwell roused everybody with his trumpet call: "You don't cad. Read the papers, the dailies, the weeklies, the magazines. Form an •pinion on the questions of the day. Be leaders of opinion in your com munity, as you ought to be. Hold up as a model, not the man who has only, but the man who is. Let your ideal manhood and womanhood be of char acter that will square." McN. S. ENDERLIN. Enderlln, N. IX, Aug. 3.—To The brum: The farmers are busy cut ting their barley. Mr. Peterson returned from his Nor way trip Sunday, spending seven months there. Mrs. Mofflt is visiting her daughter, Mrs. W. F. Dehn, for a few days. Alfred, the son of August Matthes, got his hand badly smashed a few days ago, but is doing nicely. Miss Madge Sullivan visited her sla ter in Buttzvillc for a few days. John Anderson bought -him»«lf 4 new binder the otlier day. The rain stopped the farmers hav ing for a few days. Sunday there will be a ball game between two farmer teams and they are all good playese. R. T. Petriek said if the weather stays nice he will try his machine on the farmers' barley the first of the week. Frank Kuehl is about ready to put -v' up his new house. Zfe-f C. Holmes is back to work tor R. Lindemann again. Born, to Mr. and Mr*. H. ?. Dehn. a '0 bouncing baby girl. Some of the young folks are think ing of going cherrying Sunday at the «fc. vf ,* vi. iSSLiadL.