OCR Interpretation

Bismarck daily tribune. (Bismarck, Dakota [N.D.]) 1881-1916, April 29, 1910, Image 6

Image and text provided by State Historical Society of North Dakota

Persistent link: https://chroniclingamerica.loc.gov/lccn/sn85042242/1910-04-29/ed-1/seq-6/

What is OCR?

Thumbnail for

15c quality Mercerized, Figured
and Striped White Fabrics, medium
weight and sheer dot Swisses, cross
bars, stripes and figured designs. A
large variety of patterns to select
from. Sale price
FLAXON—Linen finished White
Goods. Nothing more beautiful than
these fabrics can be imagined. The
variety of design and the exquisite
linen finish offer untold possibilities
for Summer Frocks, Lingerie Gowns,
Commencement Dresses, Shirt
Waists, Children's Clothes, and many
other purposes. We show a large
variety of cords and stripes in this
very popular fabric.
During this sale we offer them at
the following prices:
32 inches wide
25c quality, per yd 20c
35c quality, per yd 28c
45c quality, per yd 36c
50c quality, per yd 40c
(Continued from page 2.)
date of the receipt was not shown,
as all of the records of the office and
the clerk at the sale show that the
price paid was $10 an acre, and there
is no indication that the original bid
was for $13 as is claimed by Collins.
Governor Burke asked Mr. McEn
roe what course he thought the
hoard should take in the matter, and
it was suggested that the whole ca:
be put up to the attorney general's
Mr. McEnroe: If the governor
piease, and the members of the board,
if the governor and the board wish
to confine themselves to the record
in this case, there may be but very
little uncovered, if there is any fraud
or illegal sales. Now then, the board
seems to think and counsel has staf
fed that this thing has been brought
and pushed by a man by the name
of Collins, bearing a certain kind of
a reputation. The question has gone
beyond Mr. Collins! This inquiry has
gone beyond Mr. Collins and has
brought in several other men, some
of them as good men and bearing as
good a reputation as any man in the
state of North Dakota. I will say to
this board now, and I do not desire to
make any threat, and I say it in a
friendly way. that I ask this board
on that petition and evidence that
we have brought before it to have
these sales cancelled, and as to in
quiry as to fraud and illegality of
these sales, and I will say to the
board that this has gone beyond Mr.
Two big bargain specials in 32 inch
Long Fold India Linons, made of
fine combed Egyptian cotton yarns
pure white bleached and beautifully
finished fully equal to any India
Linon offered at double the price.
Our special prices during these three
Lot I at 10c per yd.
Lot II at 14c per yd.
Persian Lawns, Batistes, French
Lawns, Organdies, and all plain
sheer white fabrics, 32 and 45 inch.
20c quality, sale priced 16c
sale price 20c
sale price 24c
sale price 28c
sale price 32c
25c quality,
30c quality,
35c quality,
40c quality,
45c quality, sale price 36c
50c quality, sale price 39c
60c quality, sale price 48c
65c quality, sale price 52c
75c quality, sale price 60c
85c quality, sale price 68c
$1.00 quality, sale price 79c
$1.25 quality, sale price 98c
Collins and that if this board does
not see fit to act in this matter, why
well and good. I am quite thankful
to the board for what they have done
and the courtesies they have extend
ed me in this matter, but I shall not
stop even though this board turn me
down in this matter at this time be
cause I feel that this state has been
robbed of money and property be
longing to the state and belonging to
the schools of our state, and if this
board, will not act in this case, why
another board perhaps will.
Mr. Rex: I would like to take
three or four minutes in conclusion.
I am curious to know what phase
of this so-called proof or information
counsel refers to that he has con
fidence in. One of the first tests
and most obvious test in the case is
a man's confidence in his case. If
he has confidence in it he ought to
be willing to submit it to inspection
by the other side. I do not need to
tell you gentlemen what has taken
place here today, and those of you
who are lawyers, the governer and
Mr. Blaisdell, know the extent to
which we have been hampered, not
to browbeat or bully anybody, but
merely cross examine, by the flat re
fusal of Mr. Collins to stand fire.
Now I submit two things, two sug
gestions in connection with this mat
ter as they occur to me. I am not
going to call Mr. Collins any hard
names, but I think that I am well
within the mark as to what proof and
truth there is in this matter when
I say to you that you ought not to
give weight or credence or respect
to any statement that that man has
made today, or any other time before
When you eliminate him from this
investigation, if in the opinion of this
board on consideration there is
enough of it left, that it apparently
ought to be investigated, why gen
tlemen, as far as the people that I
represent are concerned, we are here
not to hide anything or to keep back
anything—I think our. conduct here
today makes this plain to your hon
ors and corroborates me in this mat
ter—and as I say, after this matter
has had such investigation, if any, as
you may see fit to give it, there is
anything left for consideration, we
say go ahead. We have nothing to
conceal from you gentlemen or the
people of the state of North Dakota.
There is not anything in our case that
won't stand fire or stand cross exam
ination or procedure in any court.
And that is the situation in this
matter. It does not seem to me as
I look at it, that there is enough of
actual fact here or any intimation of
any actual facts lying back of this
THREE Daily Pinkney 28
matter, such as would justify or au
thorize this board in taking any ac
tion. Perhaps 1 am wrong on that.
For this Three Days' Sale, we offer you thousands of yards of beautiful sheer
white fabrics at less than market Prices. With raw cotton advancing: and
the cotton crop destroyed, this is a sale of great advantages to the buyers who
are in need of cottons. Do not fail to avail yourself of these money saving prices.
Entire stock of fancy white goods, consisting of mercerized waistings and suitings, Imported fine Swisses, sheer and medium
weight, fine Swisses in dots and stripes, checks and cross bars sheer and medium weight fabrics at from
15c a yard up. Shown in all the season's new and most popular weaves and patterns.
The following prices will be in effect during these three days only.
An endless variety of neat, dainty
patterns in all the most popular
weaves of the season, suitable for
Waistings, Skirts, Suits, Dresses and
all manner of children's wear: Dain
ty mercerized novelties and staple
effects fine sheer Swisses, in a large
variety of handsome patterns and
novelty effects, Batiste and Lawn
crossbars, checks and stripes dim
ity cords, plain weaves in reps, pop
lins, mercerized panamas and
piques. All subject to the following
price scale during these three days:
25c quality 19c
29c and 30c quality 24c
35c quality 28c
40c quality 32c
45c quality 35c
50c quality 39c
58c and 60c quality 47c
65c quality 50c
68c quality 53c
75c quality 59c
8&c quality 67c
$1.00 quality 79c
$1.25 quality
$1.50 quality $1.19
$1.75 quality $1.38
A. W. Lucas Company
If Mr. Thompson and Mr. Lord are
to be believed, and also the inferences
that are to be drawn from certain
other matters that have crept in here
today, this proceeding was initiated
and prosecuted by Mr. Collins for
ulterior motives, and I believe that to
be the fact, and I think the record
shows it. So much for Mr. Collins
I may be biased, and if I am wrongand you have the oral testimony here
in the opinion of tne board, why let
there be an investigation.
It is somewhat premature for me
at this time—not exactly premature,
premature is not the right word—out
of place, for me to state what Mr.
Laxdall will testify to, but in view
of the consent of the board to our
filing Mr. Laxdall's affidavit, I will
take the risk of stating what Mr.
Laxdall will state. Mr. Laxdall's affi
davit will show that the sale was
conducted from start to finish in the
way and manner in which these sales
are conducted that in view of the
enactment put through the legislature
by Senator Cashel in 1901, it was im
possible to get the necessary amount
of lands for these sales without tak
ing leased land. For instance, Mr.
McCanna's land could not be sold
without his consent, and when that
land was reached on that sale it was
passed and announced by Mr. Lax
dayy at the time that the land would
be passed at that time on account
of Mr. McCanna's absence. It was
known to everybody what had taken
place, the fact of Mr. Lemke's death.
It was publically announced that the
sale would be passed and announced
next morning. And Mr. Laxdall will
Join with Mr. McCanna, Mr. Lord,
and Mr. Thompson in showing that
there was absolutely nothing there
in the shape of fraud. I have under
taken to state something that is not
before you and if Mr. Laxdall's affi
davit, when it is filed, does not come
up to this statement, you. may take
his. But assuming that Mr. Lax
dell's affidavit states this, you have
positive declaration under oath of Mr.
Thompson, Mr. Lord and Mr. Laxdall,
of Mr. McCanna, who is the one per
son vitally interested in this matter,
and whom counsel has not seen fit
to ask a single question.
32 in. India Linons
.10c quality, sale price 8c
12 hie quality, sale price 10c
15c quality, sale price 12c
18c quality, sale price 14c
20c quality, sale price 16c
25c quality, sale price 20c
30c quality, sale price 24c
35c quality, sale price 28c
15c quality, sale price 12c
18c quality, sale price 14c
20c quality, sale price 16c
25c quality, sale price 20c
30c quality, sale price 24c
35c quality, sale price 28c
40c quality, saie price 32c
50c quality, sale price 40c
We have nothing concealed here
gentlemen. In the face of that kind
of a showing it does not seem to me
that there is anything here that ought
to entail upon the state the burden
and expense of an investigation that
would throw upon these men the bur
den and expense of standing litigation
and if I am. wrong in the opinion of
the board, then go ahead and let it
be aired from top to bottom, for we
have nothing to conceal and we will
cooperate and assist, and if Mr. Col
lins is put on the witness stand in
this matter, if I am connected with
this litigation, I will promise him two
hours of the most interesting time
of his life.
Mr. McEnroe: I am glad counsel
has stated who will make these affi
davits, and what these will be, and
am aiso very glad that he has told, us
that these affidavits will come from
people who are all interested in this
matter, and they should,, coming from
that source, be very strong, and I
am glad that he has iniformed Mr.
vjollins that if there is a hearing that
he wUl promise him two hours of
very warm procedure.
Mr. Rex: Tou misunderstand me.
What I had in mind was this, simply
that when the case came into court,
he will have to submit to cross ex
Mr. McEnroe: We take it in the
spirit offered. We believe we have
stated before that we have furnished
this board with the evidence of out
side parties that are Interested which
is worthy of consideration. And on
the other hand all the evidence ma
terially interested or affidavits that
are not in point, and a great many of
them as to whom there is some ques-
19c and 20c quality, fn a wide
range of patterns and weaves, such
as Dimities, Mercerized Effects,
sheer and medium weight dotted
Swisses, sheer and medium weight
Lawns,..at only
12%c quality, sale price ..10c
15c quality, sale price 12c
18c quality, sale price 14c
20c quality, sale price 16c
25c quality, sale price 20c
30c quality, sale price 24c
35c quality, sale price 28c
tion as to their reputation.
I have stated to you that it made
no difference what Mr. Collins' mo
tives were in this action. It Is a
question beyond Mr. Collins. I con
sidered this matter several weeks be
fore it was undertaken and told Mr.
Collins that if I undertook it I would
go through with it, and he could not
stop me, and I would not go into it
unless there was something wrong.
Governor: This board has got very
little power in a matter of this kind.
If this sale had been recently made
and sale not proved upon a proper
showing, the board could disapprove
the sale, but as it stands now we
have very little power in the mat
We have granted this hearing for
the purpose of getting some light up
on some of the charges that Mr. Col
lins has made, and as to whether or
not these charges are sufficient to
base an action on for the cancella
tion of these contracts. I think that
is a question that should be deter
mined by the attorney general's of
fice, because if there is an action In
stituted for the cancellation of these
contracts such action would have to
be brought by the attorney general.
As to whether or not there is suffi
cient evidence at the present time to
justify him in instituting an action,
I think that is a question for him to
decide and for his office to decide,
and I therefore move that the ste
nographer be instructed to transcribe
this entire record and that the same
be presented to the attorney general
with the instructions to take such
action as may be necessary to pro
tect the rights of the- state or rather
the rights of the school fund.

xml | txt