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Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, September 08, 1900, Image 1

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'The North Dakota W. C. T. U. meets
at Devils Lake Sept. 21-25.
.*, E. J. Moore is president of the Bryan
and Stevenson club at Fargo. I
Grand Porks sportsmen will firing a
case to test the Minnesota game law.
Treasurer Mitchell of Fargo is still
out strong for Hildreth for congress.
A. Langseth, a tailor tut Jamestown,
went crazy and was committed to the
Militia companies through the state
are pleased with the receipt of their
new uniforms.
iielle Norton, a Fargo cyclist, col­
lided with a team and sustained a
broken wrist.
The Northern Pacific has ordered
employes to keep people with railroad
bicycles off its tracks.
Vermont's governor-elect, W. W.
Stickney, is a brother of Dr. V. H.
Stickney of Dickinson.
Dickinson and Medora people hope
to get Governor Roosevelt to make
short stops at each place
Judge Shippam of Wahpeton has
purchased the townsite of.. Bowbells,
paying $5,000, in cash for it. .,
Dickinson -people have sunk a well
in the cemetery there and will beautify
the grounds with trees and shrubs.
Sheriff Carroll of Ward county is
issuing invitations to the execution of
Hans Thorpe, which takes place next
•j. The electric light suit at Fargo be­
tween the rival companies hds been
completed and taken under advise
*/V •'Sfc1,
meat. ,v ,, »*.
The plaintiff's case has been rested
In U. S. court in the suit of A. G.
Brown against the Milwaukee road for
$75,000. t*
William Dwyer of Medina is inter­
esting stockmen of Illinois, Iowa and
other states in the grazing lands in Ms
The Jamestown asylum board has
laid the matter of the appointment of
an assistant lady physician over until
next month.
Some of the men who have the gold
fever in the neighborhood of Edgeley
seem to think it is the real thing, not-
One of the Dunkard farmers who lo­
cated in the northern part of the state
recently has become insane^' This is
the first c^e of insanity reported
among them.
General Miles and party went from
Valley City to Minot over the Sim and
will go on west over the Great North­
ern. The chipkejvehooting at Valley
City was poor.
Sheriff Roth of Quincy/ 111., "will
bring a suit .for damages against Sher­
iff McKechnie of Carrington, it is
stated, for letting Mrs. Smith, the' al­
leged procuress, get away
Fire in the residence of G. M.
Strauss at Casselton resulted in pain­
ful burilB for Mrs. Strauss, and stam­
peded IJhe audience at "For Her Sake"
which was being played there.

Managing Editor -fiaste of the Grand
Forks Plaindealer has resigned and
gone to Minneapolis. He started
enough campaign canards to keep the
Plaindealer' busy explaining for some
Wheat yields in ^Barnes county as
repotted by. the Valley City Times
Record are light. A number of the
fields average only a little over a bush­
el to the acre, and one yield of six
bushelsis reported as the beet average
returned,- »y»
The Bathgate Pink Paper this week
/devotee a page to an Icelandic depart­
ment, which ought tohelp its circula­
tion greatly, The department, it is
understood, 'will' be made permanent.
This Is the ftrsttime lntho history of
the state thaJt a newspaper or any por­
tion thereof has been printed in Ice­
landic. l\ "A
Two uniforms belonging to as many
Fargo policemen were buried Thurs­
day. The police were chasing an ani­
mal which they .thought was a "pretty
pussy," and found out their mistake
when the little animal got caught in a
fence. The "pussy'.' was a skunk.
Dickinson Press: The largest sale
or horses in the state is that of L. A.
Shermam. to the LitJtle Missouri Horse
Co.' In disposing of the Spear brand
Mr. Sherman has sold not only the
largest but one of the finest brands of
horses in the. state. The horses are
being tallied out at an agreed amount
per head, the colts thrown in, and it is
Supposed tha* the number will reach
something like 1,500, netting Mr.
Sherman a little over $40,000.
Fargo Forum: The supreme cpurt
will convene at Griajid Forks Tuesday,
Sept. 18, and the first matter taken up
will be the petitions for the reinstate­
ment of L. A. Simpson of Dickinson,
who was disbarred by the supreme
court two months ago. There are a
large numiber of petitions in the hands
of the clerk of the court and others are
being added constantly.
Mr. Simpson made application some
time ago for a rehearing of his case
and the court denied it.
A petition for re-instaitement is the
only thing left for him to do and the
-court has decided to take the matter
up on the the first day of the Grand
Forks term.
Allegan, Mich., Sept. 8.—Roosevelt
was met here by men who threw broad­
cast a circular sarcastically referring
to "Teddy's war record," stating that
he sihot a man in the back, and "other
savage threats The local republi­
can committee is: very indignant.
Indianapolis, Sept. 8.—It is evident
the miners' board has voted to declare
a strike ait 6 o'clock tonight as mem­
bers are sitting about the session room
Washington, Sept. 8.—Rockhill
cables -from Shanghai Sept. 7th:
"Missionaries are arriving from the
west and northwest and report all
quiet along the routes.
Youngstown, Ohio, Sept. 8.—The
state campaign was opened tod'ay by
Hanna, Foraker and Depew, who
headed a parade of 10,000, and later ad­
dressed the multitudes.
Melbourne, Sept. 8.—-Blacks in the
interior of New South Wales have
risen and murder and rapine will fol­
low. Many settlers have been mas­
Pretoria, Sept: 8.—It is reported De
wet with a thousand men has joined
Thereon near Johannesburg, threaten
ing tjhe place.
London, Sept. 8.—Lord Roberts re­
ports tfhat jDundonald and Brockle
hurst, commanding Buller's cavalry,
have occupied Lydenburg.
V' Philippine Cattle.
The enterprise of «the American
breeder has again been exemplified by
a western live stock enthusiast import­
ing some cattle from She Philippine I*
lands, says The National Stockmitn. As
no specially valuable featiires have
been found in the breed of cattle found
on these islands it is doubtful whether
Importations of this kind will prove
profitable or popular. It shows enter­
prise, however, and demonstrates that
there are but few things beyond the
reach of the wide awake breeder. It
will be a long time before a classifies*
tion will be made for Philippine cattle
ftjt our fairs, but they might be a vittlua
ble adjunct to our cattle shows by waj"
$t «*mparison and as cariosities.'
-Homes ul Btaebinea.
"The bicycle has thus far failed to
•applant the horse. How: could these
light vehicles expect to accomplish
what the railroads faUed to do? It
was once thought that railroads would
almost ruin the horse In all of his
specialties, but TO all know what tbe
result has been. Then came electricity
as a motor tor city railroads. Now,
said the overwlse man, stand still and
see the horse disappear, but the hone
Is still with us and growing In numbers
and vain*. i,
Judge Winchester Decides that In­
junction Prosecution Must Have
Approval of State's Officers.
Promiscuous Injunction Cases Brought'
Without Proper Authority Not Con
Templated by Law.
Three Cases From Dickinson and Two
From Mandan Dismissed on
this Ground.
Judge Winchester has dismissed the
actions brought by the state enforce­
ment league, through Attorneys Bos
ard & Bosard of Grand Forks, against
Leonberger & Witch, Frank Kihm and
Ed J. Berry of Dickinson, for violation
of the prohibition lanfr, and set aside
the injunctions issued against them
and their property in the cases. The
dismissal of the cases was ordered up­
on the motion of Attorney Gregory of
Dickinson and a new and interesting
decision with regard to the prohibition
law is made by Judge Winchester in
dismissing the cases. He holds that
the prohibition law of the state does
not contemplate or intend that actions
for the abatement of nuisances under
the prohibition law shall be brought
without the approval or consent of the
states ia ttorney of the county in which
they are brought or of the attorney
general of the state, and that actions
brought by citizens through other at­
torneys, without the approval or con­
sent of the states attorney or the at­
torney general are not properly
brought. The cases brought at Dick­
inson were brought by C. G. Simpson,
through Bosard & Bosard of Grand
Forks. Judge Winchester holds that
there is no authority of law for the
bringing of these cases by Bosard &
Bosard, without the approval or con­
sent of the regularly elected and con­
stituted attorneys for the state.
The effect of this, decision, if upheld
by the supreme court, is that the en­
forcement league cannot go into any
counties of the state, upon the relation
of spotters, aaid bring cases against per­
sons or property through a firm of pri­
vate attorneys, as is at present being
done. Bosard & Bosard are the attor­
neys for the league, and through them
the league is bringing actions in all
sections in all parts of the state, styl­
ing themselves and signing themselves
attorneys for the state of North Da­
kota. Judge Winchester holds that
under the' law this is an unwarranted
assumption of the authority and pre­
rogatives of the regularly elected legal
officers of the state, and that the state
is not properly brought into an action
without the approval or consent of
these regular officers.
The law provides that "the attorney
general, his assistant, the states attor­
ney or any citizen of the county where
such, nuisance is kept or maintained
may maintain an action in the name of
the state to enjoin the same." It is
the opinion of Judge Winchester that
it is the intent of the law that, while
an action may be maintained by any
citizen of the county, it must be done
through the states attorney, attorney
general or his assistant This view
is further strengthened 'by section 760S,
which states that "if any prosecution
begun by the states attorney, the at­
torney general or his assistants or by
a citizen with the written consent or
approval of the spates attorney or at­
torney general, under the provisions
of this chapter, shall fail, the costs of
such prosecutipn, unless otherwise
specified, shall be paid by the "county
in which such prosecution or suit was
begun." Here the inference is that
aetionis brought by citizens under the
provisions of the chapter are to be
brought with the written consent or
approval of the states attorney or tn»
attorney general.
The matter will probably go to the
supreme court If the decision is
sustained it will, meaii that attorneys
from any part of the staite cannot go
into another and bring actions in the
na.me of the' state, entailing costs upon
all' counties without the approval or
sanction ot the state's regularly con­
stituted legal representatives, as is at
present! being done, by Bosard & Bos­
ard of Grand Forks for the enforce­
ment league.
This morning Judges-Winchester
dismissed tihe cases of the state, ex rel
W. E. Martin, against Tobin & Drury
and Peter Schauta. The grounds for
dismissal were the failure of the plain­
tiffs to serve true copies of the papers
upon the defendants and the fact that
the oases were brought without the
consent or approval of the states at­
torney or the attorney general.
This afternoon Judge Winchester is
hearing the case of Schaffner vs. Mer­
cer county. The county has seized
some of the plaintiff's horses for taxes
and the plaintiff seeks an injunction
to prevent the selling of the stock, al­
leging thait the taxes are illegal, be­
cause levied by Mercer county in un­
organized territory. It is the con­
tention of the county that the territory
has become part of Mercer county, and
the taxes become legal, whether the
law adding the territory to the county
was legal or not, because of the fact
thait school districts have been created,
debts incurred, and other things done
that would make it an injustice to set
aside the taxes. E. C. Rice appears
for the county and F. H. Register for
the .plaintiff, Schaffner.
Dickinson Press: Probably the
most exciting time that ever occurred
at the Dickinson stock yards was Sun­
day afternoon during the loading of
the James Converse train of twenty
six cans of beef caittle. It had been
reported in town thait the round-up
outfit of this shipment had gathered
some "outlaws"—long horned Texas
steers—that had roamed in- the Bad
Lands for many years, and this was
enough to attract a goodly number of
spectators to the yards. Various
herds came down from the north,
crossed the track and were penned
without much difficulty, until finally a
herd with a sprinkling of the long
horned variety made some objection at
crossing the track. The herd broke
several times ana the riders were given
some lively chases. But the real ex­
citement came when an old cow—bel­
lows brand—darted out from her herd
on the south side of the track. Sev­
eral riders gave chase but they could
not bring the animal back into the
herd. She was roped and taken into
the receiving pen by main force. By
this time the cow was furious, making
dashes at every, rider and every cow
and steer in the yarn, and it became
necessary to rope her down. After
a while the pen was cleared and the
riders unloosed the ropes and made a
dash for the outside gate but the cow
was on their heels and there was no
time for closing the big gate and the
former chase and roping had to be all
gone over.
Old cattlemen say they never saw as
bad a cow or steer to load as this one.
She formerly belonged to M. Wads
worth, and a number of different out­
fits had tried to load her for market
but were unsuccessful. The cow when
loaded was the property of the Ray es­
The long horned Texans were rem­
nants of the Berry-Boice herds driven
up from the south in the early nine­
ties. They were long lank fellows
and were classea as canners.
Mandan Pioneer: A week from to­
day, unless something unforeseen in­
tervenes, Ira O. Jenkins will be hung
at Bismarck by Sheriff Bogue. Appli­
cation has been made to Governor
Fancher for a commutation of the sen­
tence the governor has carefully read
the testimony given in the case, and
he has announced that he sees .no rea­
son for his intervention. The jury
that tried the prisoner hadd all the evi­
dence before them they saw the pris­
oner and the witnesses upon the stand,
and were better able to judge as to the
guilt of the prisoner than anyone else
could be, who did not have the advan­
tages they possessed. Besides, the
jury had it in their power to bring in
a verdict of guilty with the death pen­
alty, or guilty, with a sentence of im­
prisonment for life The conditions
surrounding the commission of the
crime were such, that they attached
the death penalty to their verdict
Notwithstanding all the facts, and
dark as they are against the prisoner,
it yet seems sad that a young man such
as Jenkins is, should end his life by
the hangman's rope. He leaves a wife
and child, and his wife has done what
she could to secure a mitigation of the
punishment Another sad feature of
the affair is that the chief witness
against the prisoner was his own
father, who is now in jail awaiting a
possible trial for complicity In the
crime. The whole tragedy is a sad
lesson and one that should be a Earn­
ing to young then who are too much
disposed to spend their lives in pro
Statistics shoiw thait the proportion
of divorces to marriage in Japan is
4,per cent
j, .}\i'
V'- .'"
1'f^ t--ry.-- •••'-ffi/T
Rome Paper Reports the Discovery of
a Plot to Assassinate the
Claims the Plot Was Hatched in
-America—Council of Murder
Claimed to Exist.
Cleveland Wont Serve as a Member of
the Arbitration Board—Harri­
son Accepts.
Rome, Sept. 8.—Perseveransea
states that a plot to murder the pope
has been discovered and frustrated.
Rome, Sept. 8.—The alleged plot
was hatched, according to Perseveran­
sea, in America, where sits a couiicil
of anarchists which condemns people
to death. The
guards are tak­
ing extraordinary precautions.
Washington, Sept 8.—Graver Cleve­
land has declined the president's ap­
pointment as a member of the interna^
tional board of arbitration. Harrison
has accepted.
Chicago, Sept 8.—Senator Hans
brough of North Dakota was at the re­
publican national headquarters today,
and had an extended conference with
Secretary Perry S. Heath regarding
the campaign in the northwest. Sen­
ator Hansbrough was closeted with
Secretary Heath for over an hour, and
as he has just returned from the Pa­
cific coast, he brought very encourag­
ing reports of the republican outlook
in the west He said:
"In North Dakota the republican
party is in good shape for the coming
battler Our people are patriotic and
in entire accord with President McKin
ley's foreign policy. They are al­
ways ready to stand by the flag. The
silver question cuts very little figure in
my state this campaign, and on expan­
sion the people are a unit, believing
that it will add materially to the wel­
fare of the northwest. McKinley and
Roosevelt will receive the electoral
vote in North Dakota.
"The republicans will carry Oregon,
Washington and Montana, with Ida­
ho as a probable'battleground. We
have strong hopes of carrying Idaho,
notwithstanding the claims of the
democrats that they have an electoral
vote to show for Bryan.
"I would not be at all surprised to
see the republicans carry Nebraska, a3
the peopl# of that state are very pros­
perous and attribute it in a great
measure to the present administration.
"From a very careful study of the
political situation in the states I vis­
ited, which in 1890 went for Bryan,
they will in 1900 give their electoral
vote for J^cKinley."
Senator Hansbrough will remain in
the city several days before returning
Bangor, Me., Sept 8.—A two months
drouth in eastern Maine has resulted
in serious forest fires, now raging at
Hancock and Penobscot counties. In
the former 800 men are working to
to head off the flames. The towns Of
Hancock and Franklin are in danger
of destruction. Vast timber tracts
are burned over. A high wind con­
tinues blowing with no signs of rain.
Indianapolis, Sept
workers' executive board went into
session an hour and a haw earlier
than usual this morning. At 10 o'clock
President Licthel' came from the con­
ference: "There is nothing to give
the public at tMs time. There's no
change in the situation since night"
It looks as if the order calling out
14ii0OO men inrne anthracite field will
be issued late tonight No word has
been received from the operators indi­
cating that they will yield.
.." w'
Chicago, Sept. a—The public notifi­
cation of Bryan by the silver republi
1^1 4^)",!
cans, scheduled for St. Paul, has been 'V
declared off and notice #f nomination
is to be made by letter.
Fargo, Sept 8.^—The suit of the Far­
go Gas & Electric company against the
Fargo-Edison company^ /. which has
held the boards in Judge Pollock's
court all of the week, was decided this
afternoon in favor of the Edison com
The plaintiff sought to perpetually
enjoin the Edison company from oc­
cupying with its poles and lines any
of the streets or avenues in the city,
which were already occupied by the
poles of the old company. Inasmuch,
as the opposite side of the street was
in nearly every instance occupied by
the poles and wires of the Telephone
Exchange Col, a decision in favor of
the Fargo Gas & Electric company
practically meant the shutting out of
the Edison company from many, if not
all, of the important thoroughfares of
Fargo. The decision has been awaited
with much interest by the public gen­
The plan as proposed by the Edison
company is to erect its poles intermed­
iate the poles of the Gas & Electric
company, using taller poles and string­
ing its wires upon the same above the
level of the wirjes of the old company.
By this decision Judge Pollock holds
that this can be done without injury
to the old company, and the effect of
the decision is to give the Edison com­
pany the right to carry its lines to all
parts of the city.
The plaintiff will probably take an
appeal to the supreme court, but this
will not prevent the Edison company's
proceeding immediately with its work
of extensions. Messrs. Newman &
Stambaugh have represented the Far­
go Gas & Electric company throughout
the litigation, while the interests of
the Fargo-Edison company have been
in the hands of Ball, Watson & Ma
London, Sept 8.—-The flank move­
ment of Ian Hamilton, Roberts says,
caused the Boers to retreat from Ly­
denburg, thus allowing Bulier to ad­
vance and occupy the town with com­
paratively little opposition. The
Boers split, some going north to Krug
erport others to Spitzkop. Officials
of the war office believe the Boers have
now actually reached the last ditch.
The dispatch reports the Boer com­
mander, believed to be Theron, killed
near Krugerdorp, just west of Johan­
Scranton, Pa., Sept 8.—-Unless some­
thing akin to a miracle happens, the
whistle blast which calls the men
from the hard coal mines this after­
noon will announce the beginning
of one of the greatest labor ware in
the history of the country. The min­
ers made a last desperate effort yester­
day when they agreed to the arbitra­
tion Plan of Father Phillips of Hazle
ton who suggested that a committee
treat with the operators. The com­
pany absolutely ueclined.
New York, Sept a—The cruiser Bal­
timore, with Admiral Watson, arrived
this mominig from the Philippines.
It was greeted by crafts in the harbor,
and Shrieking whistles. The Balti­
more has been in eastern waters for
two years, and participated in Dewey's
eabry to Manila Bay.
Chicago, Sept
and other
distinguished democrats left this morn­
ing for Milwaukee wheretSie isoonsin
campaign opens this afternoon ait a.
democratic picnic* j'*
Allegan, Mich., Sept 8.—Rooeeveit
Conned Allegan today, speaking to a

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