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4* & ..**6 REGIMENTAL BAND HERE. 't *i'% Concerts and Parades Scheduled* for ,,..• One Month. 'bm —••—pi S The regimental band, which was ex acted here earlier in the summer, has at last arrived and is stationed at Fort Lincoln. There -will he a series of concerts given at the fort and par ades will be one of the regular feat ures of the drill for the next month. There will be a concert at the par ade grounds Sunday afternoon be tween four and five o'clock It is ex pected that the governor will be in vited to review the troops soon after his return from Governor Johnson's funeral. REGISTER A BISMARCK,N.D., FOR A FREE HOMESTEAD O A- 2 3 S E I A RMLROAD SERVICE Soo Hotel Building Phone 53 Ou Motto-QUALITY "Fifty" Boxes fancy Colorado Efberta Peaches Worth $1.60 Our price today -,„, $1.40 PerBox TelephoneOrdersseotCOJ. •*h £i& 'i '$x :-^r & & & TWO MURDER CASES IN SUPRtMt COURT NOAH AND PELTIER WILL BE GIVEN ANOTHER CHANCE FOR THEIR LIVE3. 8hort History of Both Cases—Both Have Been Sentenced to Death and Then Sentence Postponed. The fate of two murderers now con fined in the state penitentiary under sentence of death, will be decided by the supreme court In the course of the next few months, or as soon as their cases can be reached. Both be ing criminal cases of the first import ance—especially to the appellants— it is likely that the 'Court will decide the cases at the earliest possible time after the arguments are made and the cases submitted. The cases are those of B. M. Noah, convicted of murder of a homesteader in Ward' county, and sentenced to death by Judge Goss, and Joe Pielter, a half-breed from the Turtle moun tain country, who. with a brother, Chas. Peltier aaft a full blood I ndiar named tittle Rising Sun, murdered an old man yrho Kept a store arid his daughter, beating their heads with a gun barrel and then burning the building to the ground and partially destroying the bodies. Both cases are unique in their pro gress up to date. Noah pleaded guilty to the murder of which he was accused, and was sentenced to death by Judge Goss. He was then brought to the penitentiary with the date of the execution fixed and was apparently resigned to suffer the pen alty for his crime. His brother, a sailor in the TJ. S. navy, arrived on the scene and soon after that an effort was made to have a reprieve granted, to bring his case before the board of pardons. An ex amination was made to determine his sanity, which was brought Into ques tion, and finally an appeal was taken from the Judgment of the lower court, this acting as a stay of proceedings. As a result the time originally fixed for the execution is long past, and the case Is in the supreme court on the trial of the appeal. The attorney general and the states Thursday and Friday September 23rd and 24th THIS TIME our Fall and Winter line of Ladies' Hats will be on display. The Cossack and other Russian shapes *%hich will play a prominent part in this season's Millinery'will'be much in evidence^ m.&• All are invited to call and inspect new attorney of Ward county will appear for the state, and Purcell and Divet of Wahpeton, for Noah. Recently Noah peremptorily discharged hiB counsel, but the supreme court took the matter in hand and entered an order that the attorneys in question should present the case, so they will represent him on the appeal. In the event that the sentence Is affirmed, a new date of the execution will have to be fixed, probably by the judge who passed the original sen tence, as was, done in the case of John Rooney, who was first sentenced to be executed on a date before the limit prescribed by the law. The Peltier case is in much the same state. Peltier's brother was be fore the state board of pardons and his sentence was (commuted from death to imprisonment for life. Then the execution of Peltier was deferred on the theory that an appeal had been taken by his attorneys, to the supreme court and that this acted as a stay of execution. According to statements made yesterday, the pap ers in the appeal have not been filed in the supreme court and the attor ney general has requested the clerk of court of Bottineau county to for ward the record In the case, in order that it may be gotten before the court. If the judgment in this in stance Is affirmed, it will mean also, that Peltier will have to be resen tenced, as the original date for the execution has gone by. AFTER TRUANTS. It is probable that an effort will be made by the school board of the city to -enforce the truant law as regards children of school age, and it is under stood that the school board will ask the chief of police to co-operate with them in rounding up the youngsters who are not attending to their school duties with a regularity that Is pleas ing to their teachers. McDonald stated to a reporter of the Tribune' that he had already discovered one family In which there are two child ren, apparently 11 and 12 years of age, who have never been to school and who are unable to tell their own age, and can only state approximate ly how long they have lived in Bis marck. It is such conditions as the above that the law compelling parents to send their children to school was drawn up to the present. '^S0?k^j&0:: £tf*, BISMARCK DAILY TRIBUNE, THURSDAY MORNING, SEPTEMBER 23, 1909. LEUTZ SAYS HE DID NOT PAYBACK MONEY 8TATE8 THAT CHECK WA8 TURN ED INTO 8TATE TREASURER WITHOUT KNOWLEDGE His Records Were Straight and He Got Nothing But What Was Com ing to Him. Some time ago the Tribune pub lished a statement to the effect that the action brought against Ferd. Leutz of Hebron, former insurance commissioner of the state, had been settled by Mr. Leutz by the payment of the sum claimed to be due for al lowances for exchange, which allow ances were not authorized by law. It appears from the following state ment by Mr. Leutz in the Hebron paper that the payment in question was not made by Mr. Leutz, who says regarding the matter: Nearly every paper In the state made a statement, in some of the last issues that I had paid' to the State Treasurer the amount of $875.85 for which the attorney general had brought suit against me. I expected that at least one of them would make an attempt to find out the exact facts of the case but in this I was disappointed. I have paid nothing and never in tended to do so, until this question was investigated through the courts because by this method alone could I fully clear my name. Other parties have settled and they sent the money to Mr. R. N. Stevens my representative in the case with the request to turn in this money to the treasurer. Mr, Stevens complied with this request but not as my rep resentative. I personally had no right or power to stop it. The Fargo Daily News after mak ing a fair statement as to my person al reputation says that I made a bad mistake because I did not attend to the duties of my office In person. In reply to this I wish to state that the force in my office during my two terms consisted of one deputy and one stenographer, this force was nec essary and adequate. I was in office whenever it was necessary, the force whieh I selected I considered good and my presence was practically only necessary occasionally, especially when my deputy was absent on some trip for an investigation or some other cause. I am at the head of dif ferent business enterprises in differ ent localities and I think they are fairly well managed though I do not reside at these locations nor devote my entire time to their management, and. I am positive that the rule which prevailed in the office during my term as insurance commissioner was entirely dfflerent from what It was under my predecessor. I do not believe anyone would have expected me to stay in my office as long as it was not necessary or to do routine work. .., The bank account of the office I never considered a very profitable one for the banks, for the reason that while I had sometimes large amounts on deposit, it always was only for short durations, because the law requires every state office to turn over all amounts collected to the stat treasurer at the end of every month and the banks had, as every body can see, only a lot of work and practically very little benefit out of this account. Furthermore the laws do not say that the fees had to be paid in gold and I accepted the checks as it was customary since statehood and allow ed the banks the usual charge for exchange. I considered this fair and I had no reasons to deviate from a system which was in force before and re ported to and approved by every gov ernor, republican or populistic, since statehood] One thing is sure: Not a cent went into my pocket to which I was not fully entitled. FERDINAND LEUTZ. With respect to this statement of Mr. Leutz, Attorney R. N. Stevens states to the Tribune that it is in accordance with the facts, as far as he is familiar with them. Mr. Stevens says that Mr. Leutz did not pay any sum to him to be paid to the state treasurer, and* that the pay ment made to the state was not by Mr. Leutz or at his instance. Mr. Stevens says as an attorney he re ceived the sum in question from the First National Bank of Mandan, N. D., with instructions to pay it to the state treasurer, and that he did as he was requested to do. The Tribune makes this statement in justice' to Mr. Leutz, and that his positio* 4n the mater may be set forth as be states it. SUGGESTIONS FORDUBUDAY OCTOBER 7 18 A DAY SET ASIDE FOR NORTH DAKOTAN8 TO USE DURUM—HINTS TO THE HOUSE WIVES ON BAKINQOURUM EDI BLE8 OF ALL KINDS. Professor Ladd has issued the fol lowing bulletin-regarding Diirum day and offering suggestions as to Ha ob servance and hints to housewives aboufljaking Durum bread: '"Durilta flay' is teaming and its \vdr 'if.*-"?'.''- V.'.'-Si.'tMJ a longer period than the hard wheat flour—possibly a matter of thirty min utes. "This flour will make excellent bread, biscuits, muffins, doughnuts, and pancakes. For pastry certain grades of hard wheat flour is superior to durum. The breat retains its mois ture longer than the hard wheat flour ordinarily does. The objection of un due sweetness may be wholly obviat ed if care is taken not to add too much sugar." BULL VS. CAMPBELL CASE BEING BEARD MANY 8ECTIONS OF COUNTY LAND INVOLVED IN OLD CASE. Land Lies Northeast of the City—Case Has Been Long Drawn Out Affair Includes Defective Foreclosure- Arguments on the rehearing of the case of Bull vs. Campbell, involving the possession of several sections of good Burleigh county lajad were made in the supreme court yester day. J. W. Bull and R. Nv Stevens appeared in the court in the inter ests of Bull and Guy C. H. Corliss and Attorney John W. Noble of St. Louis, formerly secretary of the in terior appeared for Campbell The case was once before the su preme court, when a decision was rendered setting aside the foreclos ure of a mortgage covering the land some twenty-five years ago, in the territorial district court. The land was formerly owned by J. Warren Coulston, and was by him mortgaged to Campbell. In due time a fore closure was made, but there was a defect in the foreclosure which t^ie court held to have invalidated it. In ehmeantime J. W. Bull bought a quit claim deed of the Coulston inter est and brought an action to obta:u title to the land. The case was tried in the district court where Bull ob tained a verdict, and on the app'a? to the supreme court the foreclos ure was held to be valid. A rehear ing was afterward granted, and this was argued yesterday. The land involved lies notheast cf the city and is worth a considerable sum of money. MEMBERS OF GRAIN BUAKD IN THE CITY MEET WITH RAILROAD COMMIS SIONERS TO GET IDEAS OF THEIR WORK, Mr. H. O. Brown of Brinsmade. N. D., who was recently appointed state grain commissioner to Bit with the Minnesota grain board of appeols, is in the city and met with the railroad commissioners yesterday. Mr. Brown has been state president of the Amer ican Society of Equity the past two years. He says that his appointment was Indorsed and is commended by the members of the Society of Equity in this state and* that there is no ill feeUns because Theodore Nelson, an other member of the society, failed to obtain the appointment. Mr. Clifford, the other grain, com missioner, who comes from Mahall, was also in the city to attend thv» meeting. They expect to leave soon for Minneapolis to,begin their work, The appointments are msle an**"*, the provisions of the Talcott bill which aims to bring about better,re lations between grain raisers and grain buyers. cannot be overestimated. Durum wheat is one of our leading products. "A discrimination against it in the markets means a loss to our people running into the millions annually/ If durum flour is what we claim it to be—as good as any on the market— we are in duty bound to try it our selves, and, if we like it, help to make for it a market that now seems to be lacking. "That is the purpose of Durum day —to get us acquainted with our own wheat, milled, baked, ready for the table. Through the courtesy of Mr. Bailey, baker at the agricultural col lege, we are able to give some sug gestions to those who never have used this flour. _,If you cannot get durum flour here In town the following mills 0 3 1 and perhaps others of the state have it: Oakes, Milnor, Lisbon. is oftimes a very unpieasant task, "Mr Bailey suggests to users of and if you heat your house with stoves .,.„, fho ,t ,„ „ot,u0,i _,,„!, or a hot air furnace, it's a safe bet durum flour that it is naturally much Examining the thftt a & sweeter than the hard wheat flours, inspect every month. Besides this and for that reason requires less sugar uneconomical method of heating, than the housewife generally uses more than in baking. Plenty of water is needed! A to mix it to the proper consistency,x 5(J Ol S and it will be found to be somewhat stickier than the hard wheat flour• BURLEIGH days and if then he I can't use it, return and his money will be refunded. -, J. 0 S p f^Q It must be very thoroughly mixed, and it should be allowed to raise for us assist you to get away from this antiquated system and install for you a modern steam or hot water plant. The fuel yon now use in one. stove will suffice to heat your en-" tire house with one of the steam or hot water heaters. Like to have an estimate? H. C. Meacham SuccMtor to G. W. Wolbert Hardware Company Plumbing and Heating Phone 475 Co.* 3rd and Broadway HEN WANTED: take We want every man who has not a Safety Razor to one of ours. We have many makes. Try it for 30 J»_ JlilTWi" E. Ii. FIELD Furniture and Undertaking LICENSE EMBUMEB IOO DAY O N I Main ft Third St., Blsmarek Now Is the Time to buy your LUMBER for your fall building-. W have ALL that goes with the Lumber Business: Quantity Quality and Right Prices and a square deal all the time not fail to call on US before placing your order. North Star LumberCompany W. E. OUason, Wfr.