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REHEARING IN THE
BURKE COUNTY CASE NUMBER OF POINTS CITED ON WHICH A REHEARING IS BEING ASKED. Case Was Decided By Supreme Court Some Weeks Ago Error Claim ed in Petition and Ballots. Before the supreme court this morn ing the arguments in the rehearing of the Burke county case will be made. George A. Bangs of Grand Forks, will appear for the Burke county peo le, and Attorneys Bngerud and Rex, against. Al number of points have been rais ed on which a rehearing of the whole matter is asked. It is claimed that the notices of election and some of the ballots were in error in describ ing the boundaries of the proposed county, and an application has also been made .on behalf of those inter ested in Burke county to amend the record in the supreme court with reference to the' description of the proposed county. This is resisted on the other side. The Burke county case was decid-, ed by the court some weeks? ago, "it being held that Burke county had been created by the vote of the peo ple at the last election. The vote in Kenmare was involved, and part of that was thrown out. BETTER PLEASED EVERY TRIP. Attorney C. H. Stanley of Steele, arrived in the city last evening on business, accompanied by his cousin, "R. L. Phelps of Chicago. This is the second trip of Mr. Phelps to this state and he says he is surprised at the rapid development. The Northwestern Educational Association of the state will meet at Minot April 15-16. Reed-hood Recliiiing Go-Cart finished inBar onial brown upholstered fin Belford cord loose [cushion seat and back. Sides lined with same. Most resilient el 'springs, 5/s inch cushion 'tire, adjustable reed Price... $ 1 0 5 Collapsable Go-Cart with [adjustable hood, storm front and wind shields in back, heavy rubber tires, heavy tubular frame, a perfect cart. Beautifully trimmed Price... $12.00 Folding Go-Cart with adjustable back and dash, loose cushion seat and back, inch rub ber tires, complete with parasol. fl*C 2C Our Price.. eJJUetJfJ GOONEN WILL OPEN A NEW RESTAURANT BY CITY NATIONAL BANK. Bismarck is to have another res-' taurant and the new one will be up to-date in every respect if the plans of R. D. Ooonen arranged now are carried out to completion. Mr. Coonen needs no introduction to the* people of Bismarck, as he has been in the same line of business here before and conducted a place that was very popular with the people who had occasion to patronize a pub lic eating place. The new restaurant -will he located in the building on Main street recent ly vacated by. the City National bank. The fixtures hare been put in place and everything is in readiness for the opening which will be Saturday morn ing. The Coonen Cafe will be open and ready for business for twenty-fonr hours of the day and seven days in, the week, and should enjoy a good? patronage. OUT AFTER CONTRACTS. Contractor Milstad of the Bismarck Construction company, has returned from a week's trip to the Twin Cities, stopping at Fargo on his way home. Mr. Milstad has been arranging for material for several contracts in hand and others in prospect for the sea son. TO CURE A COLD Take Cowan's Laxative Cold Tab lets. Guaranteed by Cowan's Drug store. Price SSe. Your Baby's CARRIAGE Must be selected with care and consideration do not buy a cart thatyyour better Judgment wjll condemn the next day. Buy your Baby's Carriage with due regard for Baby's age, for Baby's future health and happi ness. Our stock is large, it is varied. We can give you the easy riding, luxurious English Perambulator we can give you the Reed Go-Cart with its adjustable, reclining back and dash, its soft cushions and resilient steel springs, that induce sleep and rest for the little one, and we can give you the largest sized, springiest, easiest riding collapsible go cart, with heavy cushion tires, reclining sleep ing backs, and we have such a large variety of patterns to select from that we can suit both your taste and pocketbook. See the new Baronial Brown used on the Reed Carriage. See the new Roadster style, the cart of distinction. We sell only Heywood Carriages and we guarantee every one. We have an attractive leader in a col lapsible cart, complete with hood, adjust able back and dash, rubber tired, colors: Brewster Green, Maroon or Baronial Brown at a special price of $3.75 each. This is the sensation of the go-cart trade. A. W. LUCAS CO. FURNITURE BEDDING RUGS BISMARCK DAILY TRIBUNE, FRIDAY MORNING, APRIL 1. 1910. NOTHING DOING AT LAND DEPT. PROBE WILL OCUPY ROOMS VACATED COLLINS AB8ENT ON ACCOUNT OF DEATH OF HIS BROTHER Opening Will B« Saturday Morning— John Almen of Grafton Asks That Will Operate Up.te.Date Eating Matter of Agricultural Section Be Place Open Day and Night. Straightened Out. IN WI8C0NSIN. The general public Investigation of matters in the state land department was held in the office of the state land commissioner yesterday and was without especial Incident. The prin cipal matter before the board was in connection with the charges made by D. B. Collins, formerly of Towner county, that a parcel of land in l'own er county had been sold Irregularly some ten years ago for a less sum than its real value, and after its sale had been passed on the first day of the sale by the state land commis sioner, who at that time was D. J. Laxdal After some interrogation of Attorney T. H. McEnroe of Fargo, who appeared for Collins, by Govern or Burke and Attorney General Mil ler, the hearing was adjourned un. til April 28, to* give an opportunity for the presence of Mr. Collins for examination in connection with the charges filed by him. Attorney McEnroe appeared for Mr. Collins and filed a formal com plaint* by the latter in connection with the sale in question. Collins' claim is that at the time of the sale in Towner county in the fall of 1901, a parcel of land offered for sale was temporarily withdrawn because of the fact that leases covering it were outstanding in the hands of D. W. McCanna. This land was subsequent ly sold, on the day following, and Collins' claim is that persons present at the sale who were prepared to bid more than the land was finally sold for were not aware that the land was to be sold, but thought it had been withdrawn for the sale instead of for the time being. A number of questions were asked of Mr. McEnroe by Governor Burke Bind Attorney General Miller. Mr. McEnroe said that he had no charg. es of fraud to make in connection with the sale but that he thought the sale was illegal and that the state should take steps accordingly. It de veloped also that there were no charges made against any of the members of the present board of uni versity and school lands. In connec tion with the withdrawal of the charges at a former meeting of the present board, Mr. Collins' state ment is to the effect that pressure was brought to bear on him at that time to withdraw the charges by per sons interested who were In position to do him financial injury. Since that time, according to Mr. Collins' statement, he is beyond the reach of financial injury, and hence the charges are brought at this time. Governor Burke indicated by his Interrogation that malice on the part of Mr. Collins was the source of the charges against the parties con cerned in Towner county and against some of the members of the board. It was finally agreed that the hearing should go over until April 28, in or der that Mr. Collins might be Inter rogated with reference to the whole matter. John Almen of Grafton, Walsh county, appeared with reference to the granting of a section of school land to the state agricultural college in 1891, and detailed the history of that legislation. He thought the state school fund had been deprived of the value of the section and that the matter ought to be righted. A resolution was finally passed that the matter be laid before the next ses. sion of the legislature, with a recom mendation that steps be taken to re pair what loss had been suffered by the state school fund. You can trace most complaints about dull business to dull ad vertlsing. English Perambulator large size, upholstered in leathercloth to match body. Pull perambula tor gear, with strap hangers. Patent foot brake, patent hubs, wheels are 14 inch and 20 inch sizes with heavy cushion tires, all trim mings are heavy brass plated. Big adjustable hood. Note our Price, 4 Only «D I O each Collapsable Go-Cart with hood, adjustable reclining back and foot well, all steel frame with fancy mud guards, heavy cushion tires. Folds flat with one motion. The very best low priced one motion cart on the mar ket. Our d* 7 A Price Only tj O Run-about Folding Carts, steel frames, veneered seat and back wood arm, 7/% inch rub ber tires. A dandy cart for a child 2 or 3 years old. Our Price $2.00 STATE HAS MORE CASH THAN ANYTIME IN PAST STATE TREASURER BICKFORD REPORTS LARGE COLLEC- TIONS FOR MARCH. lion On Hand Disbursements Are a Little Over Quarter of a Million. The collections by the state treas urer during the Past month are saidj to have been the largest in the his tory of the state for the same period, and for the month of March, 1910,. $1,415,195.32 was paid into the state' strong box. I The disbursements for the same period were $228,747.58. The balance: on hand at the close of business last evening, was $2,609,000. I This is the largest balance that has ever been on hand since the or-' ganization of the state. KICK FROM HORSE IS FATAL TO YOUNC ROY BOY PLAYING WITH COLT IS KICK- ED IN HEAD AND INSTANT- LY KILLED. Young Son of Mr. and Mrs. Ludwig of Ashley Meets With a Fatal Ac cident Thursday. A special fom Ashley tells of the accidental death of the ten year old son of Mr. and Mrs. Ludwig of that place Thursday afternoon. It appears from the report that the young son was playing with a colt| when an older horse standing nearby' kicked the boy in the head, killing him instantly. A long gash was cut on the little fellow's forehead, his skull fractured and brains scattered over the ground. A number of com-i panions playing with the unfortunate! boy were not attacked by the vicious horse POPULAR PLAY COMING TO THE BIJOU SOON ADVANCE AGENT WAS IN THE CITY WITH STORIES OF BIG HOUSES. "House of a Thousand Candles" Will Prove One of the Biggest Drawing Cards of the Season. The advance agent of "The House of a Thousand Candles" company, which plays at the Bijou Monday evening, April 11, was in the city yesterday attending to some of the details of the advertising and other work connected with the staging of the producion in this city. He stated that the company has been playing to enormous business on the present trip and he has the figures to prove his assertions. There are a number of striking sit uations in the play and some of them are really new. The company is not one where all the money is paid to one star actor and the rest of the cast made up ofmedisre talent, but the company is well balanced and has made a great success of the produc tion. The company that will present "The House of a Tnousand Candles" in Bismarck will close the season on May 5 in New York City, and after a rest of only a couple of weeks will sail for England where the play is booked solid for a run of an entire year. The time of the sale of seats will be announced in a few days and it will be well for those wishing to get a good seat to appear on the scene early in the morning for there is sure to be a big demand for space. UNIQUE ADVERTISING FOR PUBLIC CITY HALL SOME NEW STUNTS WILL BE TRIED TO ATTRACT ATTEN TION TO THE AFFAIR L. K. Thompson Promises to Spring Something New On the Unsuspect ing Public in a Few Days. Preparations for the Publicity Bail to be given April 8 by the Commer cial club, are well under way and Publicity Promoter L. K. Thompson( talks about folders, cards and other, advertising novelties in a way that leads one to believe there will be something doing in a day or two in the way of attracting attention to the ball. I The banquet for the occasion will be served by the ladies of the Civic League and that settles that part of the entertainment in favor of the pub lic, Everything used in connection with the party will be entirely local pro duction, and. the money received from the sale of tickets will be used for the promotion of publicity for the city of Bismarck. The tickets will be offered for sale in a few days and it is up to every patriotic citizen to dig up to the extent of three dollars, the nrice of adm.ssion. MVB REHEARING GRANTED IN DRAINAGE CASE 'MOUSE RIVER DRAINAGE CASE" BEFORE THE SUPREME COURT AGAIN. Total of Over Two and a Half Mil-, Rehearing Is Granted On Three Dif ferent Points Date of the Argu ments to Be Settled Later. The supreme court has granted a rehearing in the drainage case that came up from Bottineau and Mc Henry counties and is known as the "Mouse River drainage case." The drainage commissioners of the two cou.nties obtained profiles and plans from State Engineer Atkinson for the drainage of some 22,000 acres of land by the construction of a drain, whose outlet is some ten miles in Canada, in the municipality of Ar thur. An action for a restraining order was brought against the drain commissioners and was granted by the district court. The supreme court later reversed this decision. Now a rehearing has been granted and the matter involved will be gone into again. The principal questions upon which the reheading is grant, ed are these: 1. From the record here- wherein is title vested to the bed or channel of the Mouse river along the course of the proposed drain north of the International Boundary line? 2. In case it should be found that such title is vested in riparian own ers will the requirements of our statute providing for the construc tion of drains be satisfied, and juris, diction to establish such drain con ferred on the drain commissioners by anv act other than the convey ance to the counties of Bottineau and McHenry of the full title held by these riparian owners? 3. Whether deviating from the cha.nnel of the river and digging the ditch to some extent outside of the channel of the river makes it neces. sary to secure title to the land to the county? The date of the arguments is to be settled later by the court and the attorneys interested. GEN. HAWKINS DIED ATGLENSPRINGS,N.Y. WAS AT ONE TIME STATIONED AT OLD FORT LINCOLN NEAR THIS CITY. Was At Battle of San Jaun and Took Prominent Part in That Engage ment—Governor at Soldiers' Home. Another old time frontier officer of the army is dead in the person of General H. S. Hawkins, retired, who was governor of the national soldiers' home, and who died at Glen Springs, N. Y. General Hawkins was station ed at old Fort Lincoln in the early days of that fort, back in the early eighties. He had a distinguished military record and it is said that to Gen. Hawkins belongs a large share, perhaps the larger share, of the credit for the victory In the battle of San Jaun. Early on the morning of the fight the cavalry division of the American army was on the trail near the "bloody angle." Soldiers were falling on every side notwithstanding the orders to take advantage of every possible bit of cover. The dismount ed cavalrymen were blocking the trail when Gen. Hawkins came into the apex of the angle with the members of his staff, two of whom, Lieuts. Den nis Michie and Jules G. Ord, on that day's field saw their last tour of ser vice, both of them being killed on the firing line. In front of the broken line stood I Gens. Hawkins and Sumner. The bul lets were coming in deadly showers, and, while discipline still prevailed, there was momentary danger that the entire American line would be thrown into confusion. There was a confer ence, and then a reconnoissance was ordered, the result of which was the discovery of the San Jaun fort. In the lead toward the hill was Gen. Hawkins. His erect figure, white hair and inspiring presence, as he charg ed at the head of the Sixth ^cavalry and Sixteenth infantry, swinging his hat and calling out, "Come on! come on!" formed a picture that quicken ed the heart beats of every one who witnessed it. At the base of the hill the men took such cover as they could once more before the charge, while Gen. Hawkins, with his bugler, stood in the open field, a target for a thous and guns. The general was wound ed within a few moments, but he let no one know it. Gen. Hawkins was promoted to ma jor general of volunteers on July 8. 898, and on September 28 in that year he was appointed brigadier general in the regular army. Six days later he was retired at his own re quest, after a service of forty years. He has been governor of the sold iers' home in Washington since Jan uary 10, 1903. A son, Hamilton S. Hawkins, is a captain of the Fourth cavalry. A CLOSE RACK. Pittsburg, Mar. 31.—Xot more than 25 yards separated Dorando and Longboat'at any period in a fast 20 mile race at Exposition hall tonight. Dorando winning in one hour 54 min utes and 8 25 seconds within four min utes of the record. Hettinger people are also arrang ing for the building of a potato warehouse. (From Saturday's Daily.) Trv Tribune Want Columns.