Newspaper Page Text
PROBE INTO ALLEGED
LAND FRAJJDSORDERED GOVERNOR BURKE OFFERS RES. OLUTIONS AT MEETING OF BOARD. Story or the Collins Case Told By Ex Land/ Commissioner Laxdal In teresting Developments Expected. At a meeting of the board of uni versity and school laws, held at the capltol yesterday afternoon, at which were present Governor Burke, Supt. W. L. Stackwell and Attorney General Andrew Miller, Governor Burke offer ed the following resolution and mov ed its adoption^.. Whereas, The Fargo Forum has in its Issue of February 26, 28 and March 1, persistently charged Governor Burke and Supt. Stockwell with sup pressing evidence of fraud in connec tion with land sales, and Whereas, the said Fargo Forum claims to have knowledge and evi dence of fraud in the sale of lands belonging to the institutions and com mon schools of the state: therefore be it Resolved, that the 31st day of March, A. D., 1910, be fixed as a day for hearing evidence of fraud in con nection with the sale of any public lands since statehood for the purpose of obtaining information upon which to set aside any fradulent sales by actions of court, this board having no power to cancel an approved con tract except for default in payment, according to its terms that said hearing be at the office of the land commissioner in the capital at Bis marck and notice thereof duly pub lished In the newspapers, and special notice be served upon the Fargo Forum, and its editors, H. Plum ley and Charles Brewer, by register ed letter, to appear before said 'board and furnish any evidence they may have of fradulent sale of public lands for the purpose of obtaining evidence to base an action for the cancellation of such sales and Whereas, my attention has been called to the sale of the N. W. of section 36-148-51, and Whereas, the records of this office show that said sale was illegally made by private sale instead of at oublic auction therefore, he it Resolved, that the attorney general be and is hereby instructed to bring immediately an action to cancel the deed executed by the board of uni versity and school lands on the lltn II™of January, A. D., 190C and to recover damages from the grantee in said deed, viz: The Great Northern Railway company, for gravel taken from said lands. Unanimously carried. It will be seen from the above res olution that the board of school and university lands has determined to onen the transactions of that body from the time of statehood, and ac cording to the statements of certain parties, there will be some interest ing developments. In iconnection with the above reso lution the following letter, written bv State Land Commissioner Laxdal In the latter (part of 1907, will be in teresting, as it tells the story of the sale upon which the assertions of The Forum were evidently based. The records of the board show that this particular case was dismissed when (Mr. Collins, the man who made the charge of an illegal sale, appear ed before the meeting and withdrew his claims and charges, stating at the time that he had been misinformed and had no grounds uoon which to base his assertions. The letter was written a few days after the charges were filed by Mr. Collins with the governor, and was in response to a request for Mr. Laxdal's recollection of the events attending the sale, referr ed to in Collins* complaint. The let ter follows: To the iBoard of University and School Lands, State of North Da kota. Gentlemen: At the request of the land commissioner. I submit the fol lowing regarding the affidavit of D. B. Collins effecting the sale of sec tion 16-158-65, Towner county. So far as I can remember after the lapse of six and one-half years, the facts regarding the sale of this land are as follows: Under the Cashel resolution (Chap. 136 session laws of 1901), the board of university and school lands ordered large tracts of land to be sold in the various counties of the state during the fall of 1901. the Towner county salo being one of this number. The land department was unable to find sufficient land not covered by term lease to satisfy said resolution and accordingly advertised in the various counties through the countv auditors, that those holding leases of state lands and wishing them sold, S a SerTld?aUnce Shoe now being shown. BISMARCK, should surrender their leases to the county auditors for (cancellation, as no land would be sold having a term lease thereon, but leases would be reinstated in case of no sale. The various county auditors forwarded to the land department a list of such lands, and such lists were included in the sale lists. The tract in ques tion was put on sale in this manner. •When the sale came to be held in Towner county, I checked over the sale list with the county auditor, and found that the lease covering this land, together with several other leases, had not yet been turned over to the county auditor, but was in formed by him that these leases would be surrendered on the morning of the day of the sale and it appears that Mr. McCanna, who held the lease cov ering this land, did actually come in on the morning of the sale with the lease to surrender the same, but be fore he had a chance to surrender the same a very unfortunate and shocking thing occurred in the court room where the sale was to be held. Mr. Lempke, a neighbor of Mr. Mc Canna. was stricken with apoplexy and died before any business had been done, and the confusion caused thereby resulted in the postponement of the sale until in the afternoon. When the tract in question was reach ed for sale I called for the surrender of these leases, and was informed that Mr. McCanna had been overcome by the 'sudden death of his neighbor and that he had gone home, but was expected back at any time. I there fore announced that this land would not be sold until the surrender of these leases and that the land would be passed for the present. I contin ued through the list, the sale not being concluded until the afternoon of the following day and sometime during that period the leases were delivered to the county auditor, and the land offered and sold. As to the value of the land I have no informa tion except as is shown by the ap praisment. It is possible that the same is worth the amount stated in Mr. Collins' affidavit, it being a well known fact a lot of the school and state lands have been sold for less than their value, or perhaps more correctly stated, at a less figure than the same land sold for at private sale only a short time after being sold. This can be accounted for in part of course, from the fact that the various sales held during the fall of 1901 brought in a lot of outside buy ers who created competition, and rapid raise in real estate values fol lowed. iSince the time of this sale until some time during the past win ter, I had never been advised of any claim of fraud regarding this sale, although, have met him and convers ed with him several times Bince that time. I am satisfied that no fraud or collusion existed, and whatever the value of the land, the sale was regular and fair. Respectfully submitted. D. J. (LAXDAL. The following notice was sent out by the secretary of the board to all parties interested in the case, and when the meeting was-held Mr. Col lins appeared and stated that he wished the charges dismissed: Dear Sir: I enclose you herewith a copy of an affidavit that has been filed with the board of university and school lands, and was duly consider ed at a recent meeting. The board has set Thursday, the 30th day of April, 1908, for the hearing" in this matter, which will 'be held at the of fice of the land commissioner In Bis marck, on that date, which date is a regular meeting day for the board of university and school lands. You are requested to be represent ed at such hearing and submit any evidence that you may have contrary to the allegations of the affidavit. Yours very truly, The complaint of Mr. Collins was filed with the Rovernor November 12, 1907, and bv him filed with the board December 12 of the same year, and the meeting for hearing set for April 30, 1908. Do you shape your head to fit your hat or do you buy one-sixteenth sizes in the matchless Gordon? GATHERING OF FAITHFUL. Pilgrimage of Democrats to Bismarck Wednesday. There was an unusual number of democrats in the city Wednesday. Whether there was anything Qt spec ial importance to be considered or not is not known. It is barely pos sible they "just happened" to here all at the same time. During the day most of them at one time or an other secured an audience with the governor. Senator Purcell's health is said to be especially good at the present time. SPRING HATS. About 50 dozen Hats iust received at Dahl's Clothing Store, including the season's best styles and colors, also nobby shapes for young men. E DRYLIGHT S O E ANNOUNCEMENT To the Man Who Cares for Early Selection Which Invariably Is the Best Advance shipments from America's famous clothes is a S S S Mux and Hirsh-Wickwire-are now being shown Sf onr S Coats-Cravenettes and Suitings-Blues and Grays tend to be most fashionable-patterns and cloths very mod S a beautiful-We cordially invite every man who is interested nnreciates good clothes to view our display.-Even if you So not intend to purchase come in anyhow-Some day we might shipments of The "Bergeson" Hat and The Ralston S. E. BERGESON & SON NORTH DAKOTA WELL ATTENDED EETING OF RAILROAD COMMISSIONERS TUESDAY. Grand Forkt-Kenmare Freight Rate Will probably Be Settled Without Difficulty. Representatives of the various ex press companies who were in the city Tuesday for the purpose of appearing before the railway commission to dis cuss express rates, left the city yes terday afternoon on one of the delay ed Northern Pacific trains. The discussion of rates at tne Tuesday meeting was general, and the officials of the companies shed some light on the special rates that were made for the transportation ot commodities such as cream, bread, meat, laundry and other commodities that take a special rate for the 'build In* up of a particular (business. There was a discussion of compar ative rates in this and other states, I S tie matter of the rates to the population was also gone into. Some shippers were present, nota bly in the interest of lower rates on laundry shipments, and their state ments were presented to the hoard. After a discussion of the entire mat ter the question was taken uflder ad visement by the board. There will probably be a further Investigation of the matter or rates generally, and in the meantime the hoard will hold the matter in abeyance. The Grand Forks-Kenmare freight rate question was discussed 'before the iboard and it is probable that this matter will be amicably adjusted without difficulty. Members of the board will probably have a confer ence with the traffic officials of the roads concerned -for the purpose of reaching an agreement that will be fair both to the roads and the ship pers. ANNIVERSARY OF THE GEM. Over Seven Hundred Consecutive performances Given. Prof Hirsch, manager of the Gem Vaudeville theatre, informed a rep resentative of the Tribune last even ing that today is the second anniver sary of the starting of that theatre, and also that there had not been a single performance missed in tbat time. The house has always enjoyed a good business and have tried to get the best attractions, and their shows have always been clean and up-to-date. The bill for the latter part of tne present week promises to be above the average and is all comedy. Ballard and Alberta offer a comedy sketch in "Dick's Return," that i3 said to be classy and catchy. The Priors are billed as refined comedy artists and as they have been making good on the larger eastern circuits, will surely please the Bis marck audiences. There is a good picture bill and popular prices will prevail. COMPUT^SORY EDUCATION. Glenullin News: Rueben H. Whit ney, a well-to-do farmer living eight miles east from Almont, was brought to that place and arraigned before Judge Templeton last Thursday on the charge of neglecting to send his children to school as required by law Assistant States Attorney Sul livan conducted the prosecution. The testimony in the case disclosed that the family lives within the proper distance from the schoolhouse and that out of the eight months school was taught in that district last year. Mr. Whitney's children attended less than one-third of the time. At the time Superintendent Lorin made the complaint, this particular school had been in session five months for the present year and the children had been present but one week during that time. Mr. Whitney was found guilty and the minimum fine—five dollars—was imposed, which with the costs amounted to $36.85. This is another of a series of cases of this nature that has been tried this win ter, in an earnest effort on the part of the school authorities of the county to get the children of indif ferent parents into school. •I8MARCK DAILY TRIBUNE, THURSDAY MORNING, MARCH 3, 1*10. ARMORY HALL, Friday Night MARCH 4th BASKET BALL Bismarck High School Game called at 8:30 P. M, EXPRESS MEN HAVE RETURfe TO HOME vs. Dickinson High School A Contest of Supremacy Between Prospective Collegians Motto: "Fast and Furious." Come and Shout. ANOTHER BUNCH HASjEEN CALLED HEARINGS IN THE SUPREME COURT WILL COMMENCE THIS MORNING. A Dozen Cases Will Be Argued at the Present Time No cases of Extraordinary Importance. Supreme court will open this morn ing for argument of another assign ment and today's call is as follows: Casseday vs. Robertson, from Ward county. Palda and Burke for appel lants, Gray and Grav, contra. Borden vs. Graves, from Ward county. Burke, Middaugh and Cuth hert, for defendant and appellant, Palda, Aaker, Green and Kelso, con tra. Miller vs. Smith, from Stutsman county. John Knauf for defendant and appellant, Geo. W. Thorpe, con tra. Schultz vs. Schultz, from Barnes county. John Knauf for plaintiff and appellant, Herman Winterer, contra. Maftin vs. Royer, from 'Foster coun ty. C. B. Craven for plaintiff and ap pellant, T. F. McCue, contra. Singer vs. Austin, from Dickey county. McCumber and Forbes for plaintiff and appellant, IS. G. Roberts, contra. McKenzie vs. Boynton, from Em mons county. Cochrane and Bradley for defendant and appellant, IH. A. Armstrong, contra. iStubbs vs. Hoerr, from Emmons county. Cochrane and iBradley for defendant and appellant, H. A. Arm strong, contra. County of Burleigh vs. County of Kidder, from Burleigh county. Jos. W. Walker for defendant and appel lant, Geo. W. Newton, contra. On motion to dismiss the appeal from the district court of Barnes county, the attorney general's office has noticed for this day the cases of State vs. Winbauer. State vs. Froelic, and State vs. Schantz. The attorneys in opposition to this motion are IMessrs. Hanley, Simpson, Faber and Campbell. Swish—off goes your stiff hat! Not If it's a one-sixteentih size in the known Gordon—a perfect headfit. Admission 50c OLD SOL GETS IN HIS WORK ONTHE SNOW ONLY REMINDER WINTER IS THE PREDICTION OF WEATHER MAN. Passenger Train Service From the West Has Been Restored to Semb lance of Regularity. Water was running in the streets yesterday. In some places a depth of several inches, drains were bubbling merrily with surface water, snow was slushy over walks and crossings, the air was mild and balmy and It look ed like spring. The only reminder of the fact that winter was still here was the prediction of the weather bureau of colder weather today. Out west the snows are melting In the mountains and there is a prospect of more trouble for the transportation companies when th spring floods turn loose. There Is a great blanket of snow in the mountains and all through the western country, and with sudden warm weather, that will go off with a rush, filling all streams to their banks, and possibly washing out bridges and track. The officials of the western roads are making what preparations they can to combat the dangers of high water. The east bound train service was restored to some extent yesterday when a number of delayed through trains passed through the city. In the western part of North Dakota a lot of water went into the soil and the water courses yesterday. In the city the snow settled rapidly under the advances of a spring sun, and a few days like it would leave the ground hare. ROBERT HILDRETH, PRESENTING "A FOUR LEAF CLOVER" AT The snow is distributed generally through the state and should leave the fields in splendid condition for spring farm work, which will begin before many days. HAIR VIM. A certain relief from dandruff, fall ing hair and scalp irritation. Simple in compound, delicately perfumed, imparting vim and lustre to the hair. Ladies find it a refreshing and deli cate dressing. Does (j^~ not stain or dye. Man- '^Jj/j/ ufactured and for sale by THE GRAND FOR TH E REST OF THE WEEK. Balls. PIVt KUPITZ During Lent Fresh Blue Point Oysters Fresh Halibut Fresh Salmon Fresh Whitefish Fresh Pike Fresh Herring Fresh Smelts Smoked Salmon and Halibut Genuine Salt Cod, Breakfast Mackerel, Whitefish and Herring All kinds and sizes Imported & Domestic Sardines Can Lobster, Crab, Salmon, Mackerel, Anchovis and Fish Terse Title Talks DON'T YOU KNOW That nine out of ten titles are defective in some measure. May be immaterial. May he fatal de fects. Don't you want to find out how yours shows up?. You can't tell unless you have a carefully prepared abstract. We know how to make abstracts. Twenty years •experience. That's our busneas. Vrite us for information. Burleigh County Abstract Co. Coats & Feeiey, Billed Abstracters Lucas tleoh, Bismarck, N. 0. BAKER TALKS ABOUT RIVER CONDITIONS SAYS WATERWAYS ARE USELESS WITHOUT THE USE OF THE RAILROADS. Tells What Is Necessary for the Im provement of the Missouri River in Western Parts. St Paul Dispatch: According to Captain I. P. Baker of Bismarck, N. D., head of the Benton Packet com pany, which operates a Hne of eight boats on the upper Missouri river, farmers who own property along the banks of the Big Muddy, will have opportunity of helping themselves and helping the government, if the appropriation of $175,000 is made for river improvement north of the Da kota line. A great part of tne money will necessarily he spent in revet ment of the river banks to prevent the stream from cutting further in land. The revetment is usually made of a matting of willows with stones heaped upon it. There are sufficient willows along thft banks to supply the need in re vetment and sufficient, stones loose upon the fields to give it weight. Farmers will not only improve their farms by collecting these stones, but the government will pay them for hauling them to the river bank. "Senator McCumber has succeeded in having incorporated in the appro bation bill an item of $175,000." Cap tain Baker said on his way home from Washington where he has l°En In the interest of river improvements. "This $17.-, 000 is to p.-iv for the improve ment from Le e.Bau, S. D., to Fort Benton, a distance of about 1.000 miles. The greater part will be spent I presume, in work upon the river banks. A great deal can be accom plished with that sum." Captain Baker declares that an er roneous idea is held by the .public generailv in looking upon waterways as possible competitors of railways for freight business.. On the contrary, he savs, railways are what make waterways profitable. "Of what val ue." he explained, "would the Great Lakes "be without railroads to haul business to them? Where could you ship freight on the Missouri river without railroads to haul it to and from distributing points? Cities don't create freight. They distribute it I wouldn't give ten cents for all the freight traffic in the Mississippi river valley if there were not rail roads to help handle it." *,• Yoa can trace most complaints about dull business to dull ad vertlslng.