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Vfet Sii-wanh Unburn*. BY H. JEWELL. Every Evening, except Sunday, and Weekly. Publication Office: 800 FOURTH STREET. COR. BROADWAY Established S Slowest in State Telephone—Business Office, 32 Editorial and Local IS. Private exchange. State party wanted. Subscription Rates: Daily by carrier 50 cents a month Daily by mail Weekly by mail $4 per year '. $1.50 per year Foreign representatives: North Star Dally Press Association. S. O The.s, manager St. Paul, .\tinn. American Press Association, general office, 245 West 3Uth St.,. New W fr nearest American Press, adverus.ng ofr.ee, located in eighteen prmapal cues of the United States La Coste & Maxwell, 140 fcas sau St., New York. Manuscripts offered for publication will be returned if not available. Communications for the Weekly Tribune should reach this officp on Wednesday of each week to insure pub lication in the current issue. No attention paid to anonymous contribu tions. Writers' name must be known to the editor, but not necessarily for publication. Correspondents wanted in every city, town •nd precinct in the western part of the state. All papers are continued until an explicit order to discontinue is received, and until all arAd"r,Lamentacdopy should be in the office by 10 o'clock in the morning to insure proper insertion. Entered as-second-class matter. MEMDER OK ASSOCIATED PRESS. FINANCIAL SITUATION. It lias been a specialty market during the past week ami the investment de mand seems to have been largely satis fied by the liberal offerings of new is sues and short-term notes. The April disbursements will approach nearly '$150,000,000 and should stimulate tem porarily at least the demand for better grade stocks and bonds, according to the report of Henry Clews. The chief causes of hesitation among buyers appear be the approaching ses sion of Congress and delay in Supreme Court decisions. It is not yet realized by the general public that these factors in the opinioh our influential bank ers have been thoroughly discounted. Fiiiaiu-iaMiciuidation. they believe, is complete, and ha* been unusually thor ough and drastic. It is safe to say that the financial situation is sounder than has been the case for several years. This opinion is shared by all our lead ing bankers and financiers who are in position to reach sound conclusions. The average investor, however, is discour aged, chiefly by that which is closest at hand? He sees thi/his own business at hano sees thX In own t.usines is quiet and Icsseprohtahlc that a year or two ago. Being^in a depressed state of mind, he is naturally indisposed to of mind, lie is naturany IHUISIKWCU enter Waln enter .i I* I" Street, for the present at Sentiment least. General business is unquestion ably satisfactory, and this explains the afosence'of the outside public whether as investors or speculators. It nevertheless remains true that thc financial outlook is growing brighter daily. This is recognized by the heads of large financial institutions, and much of the buying of the last few weeks has been from sources of this charac ter. The amount of quiet absorption of high grade investments by shrewd judges is much larger than generally anticipated, and it is this movement -which gives tre market its present strong 'undertone. The most potent consideration is that stocks today yield much better returns than money, a sit uation which is recognized by a class of wealthy operations who are quietly A I A SEE borrowing money at low rates and placing the proceeds in securities which they are confident will bring much bet ter prices later on. This probably partly explains the ex pansion in bank loans of $1."5.000,000 during the last two months. No un easiness, however, should follow this expansion, for the banks gained $":?, IMHI,0(M in cash during that interval and deposits increased $1!»-J.oo0,0i0. These figures show a distinct betterment in banking conditions and should prove nil important element in restoring con fidence. There is no better panacaea f, dull business than an abundance of cheap money such as now exists, and a* soon as existing doubt disappear, we shall probably see a partial revival at least in trade activity. This week the special session of Con gress begins. Its programme will be watched with considerable interest. Tt is to be regretted that consideration of the tariff could not be postponed and attention devoted exclusively to reci procity, the purpose for which the ses sion was called. As for tariff agita tion, there is no need for becoming unduly alarmed. No radical revision is in sight. An attempt may be made to cut down the peaks in the tariff schedules .one of the most conspicu ous being that of tvool and woolens. Apparently the attack will be concen trated upon Schedule K. A great deal of discussion and political fireworks is to be expected, but actual changes do not promise to be serious, for the gov ernment is much in need of revenue, and this fact alone will prevent any radical cutting of tariff rates. We are still inclined to the belief in a better market. All known conditions have been amply discounted. Liquida tion has been thorough. Wall Street invariably discounts commercial and in dustrial movements. It has thorough ly discounted trade reaction and is now willing to anticipate trade recovery. Much will depend upon the crops. Should these prove satisfactory recov ery is. inevitable. Spring is here with the soil generally in good condition. Tin- snowfall has been abundant and only in sections is there any scarcity of rainfall. A argc acreage is in pros tact litis year, and with improving ag ricultural methods there is every rea son to anticipate a record output under favorable meteorological conditions. LINE-UP AT WASHINGTON. Despite the fact that the Democrats of the house, by official caucus action, have declared a purpose to enact tar iff legislation during the extra session of congress, beginning today at noon, the prediction was freely made in con gressional circles today, that no such Tegislatiou can be put through the sen- th .m a gc ion will adjourn earlier than hass gen erally been anticipated. rregulair „„„i. renuh- among. the repab ,.„,.,.,e mcrwhclmmgly licans in the senat ies overwhelminglv against any sort of tariff revision at the extra session. And there are mul tiplying evidences that the regular Re publicans aje disposed to do all they can to placate the progressive or insur gent win gof the party. Without the support of the progressives, the Demo crats cannot possibly get any tariff bills through the upper branch of congress. President Taft. by sending in a mes sage dealing with Canadian reciprocity alone, will pave the way for .the pro gram which the senate republicans pro pose to adopt at a caucus tp be held probably this afternoon. Tfie promise made by President Taft that the tariff board will be ready with a complete report on the textile schedules of the tariff by December 1 next, and the hope B1J0 THEATRE SATURDAY AFTERNOON AT 2:30 SHARP SATURDAY NIGHT AT 8:30 SHARP SYNDICATE INCORPORATED.] OFFE Dramatization of ElinOr Glyn S He Famou Novo "Three Weeks" WITH BEAUTIFUL MARCELLA HAMILTON And a Splendid Cast of Players "The feast ot the Roses" and the Loggia of the Pal ace of Venice. The Grand Canal and Its Rippling Moonlit Waves. The Beautiful View of the Swiss Alps at Lucerne. Magnificent Electric Effects Beautiful Costumes Superb Scenic Effects PRICES Evening—50c 75c, $1.00 Matinee—50c, 75c Beats at Knowles & Haney he has informally expressed that con gress will decide to wait for this re port before acting on these schedules, makes the situation a little more dif ficuJt for the Democrats in that the insurgent vote in the senate is likely to be won over to the president's proposi tion. The Republican insurgents regard the tariff board idea as of their own creation. President Taft has worked hard ti» secure legislation making the tariff hoard permanent and may send in a second message dealing with this subject. There is little doubt but that con xideration of the reciprocity measure will occupy many weeks of the sen ate's time. It is argued that it would be late in June before consideration could be given in the senate to a bouse bill deal ing with even one schedule /rf the Payne-.\Jdrieh law. With a determin ation on the part of thirty QJ more senators-that no such legislation should be enacted at the extra session, it can be easily seen, acording to the repub lican leaders, that attempts to get such measures thrqtigh the extra session. would be futile. There is said to be no disposition on the part of the senate Republicans to block legislation of omparatively minor importance at the extra session. Tor instance, there is likely to be con siderable legislation for the District of Columbia,* the affairs of the N capital having been wholly neglected during the last regular session. Deficiency bills and bills to correct mistakes in the enrollment of acts during the final rush of last session, will be given a right of way. It' is even stated Mia', ilie subject of reapportionment of rep n'Miitation in the house to accord to the figures of the thirteenth census may be taken up in the senate. The senate Republicans are just now without a caucus chairman. Senator Hale was the chairman, but he will not be in the new congress at the cau cus to be held either this afternoon or tomorow. Senator Cullotn. of Illinois, will be chosen chairman by reason of the fact that after Senator l-'rye. wh ims declined on account of ill-health he is the senior Republican in thc sen ate. Senator,.Gallinger. of New Hamp shire, will be made chairman of t!v senate commitlue on committees. Tt is said that the committee assign ments in the new congress will clearly indicate the purpose of the regulars to give" increased recognition to the pro gressive Republicans in the senate. The Democratic house leaders to night indicated that they will go alteau\ wtih their program in the house re gardless of the probable fate of their measures in the senate. On the other hand, it is said that some of the Democratic members of the senate are strongly in favor of waiting until the regular session con venes before revising the tariff. They declare that the Republicans already have passed big appropriation bills for the nex-k" fiscal year and that revenue* must be raised to meet them. Supreme Court j' In The Supreme Court, State of North Dakota, Octot-er, 1910, Term* Rock Island Plow Company .res pondent, vs. Western Implement Com pany, appellant. Plaintiff sold goods to L. & upon a contract reserving tftle until pay ment- The defendant secured poi session of the goqds before the said contract was filed jvith the register of deeds, but does not claim to be a subsequent creditor without notice or a purchaser or incumbrancer in good faith for value. Under those facts the reservation of title is no' void as to this defendant. 2. After filing the said contract, plaintiff commenced an action in claim and delivery against the defendant and the sheriff took the goods into his possession. The defendant sebonded and retained the goods. Three days later L. & filed a petition in bank ruptcy and their trustee took the said goods from this defendant in action in the United States courts, but with out making this plaintiff a party. Held that the said property was in the law ful custody of the state courts and that the defendant could not plead the action of the trustee as a defense in the action in the state court. 3. The federal courts will neither interfere with property in the lawful possession of -the state courts, nor tolerate interference by the state courts with propertv in its custody. 4. Betw-een two courts exercising concurrent jurisdiction, the court which first acquires possession will maintain its possession until final judgment. (Syllabus by the court.). Appeal from judgment of district court. Ward county, Goss, J. Affirmed. E. H. Bossard and G. W. Twiford. for appellant. Blaisdell. Bird & Blaisdell, for res pondent. Opinion of the court by Burke, J., all concurring except Morgan, C. J., not participating. Mr. Justice Goss being disqualified did not sit on the hearing of this case, Hon. W. H. Win chester, judge of the Sixth judicial district sitting in his- place by re ouest. GARBAGE HAULED. Ashes and garbage hauled on short notice. Wachter Transfer Co. Phone 62. B1SMAB0K DAILY TBIBUR1 \z Amusements OHPHEUM Standing room only was the. case last night. The Invincible Colored Trio sure made a big hit in their com edy singing, talking and musical act, having to take four encores each show, If you saw the Giant Quartette then you will want to see this trio. Elmer Thayer the black face comed ian with the happy laugh also receiv ed his share of the applause. Mabel Degman's new song sure pleased all. The photoplay were all good subjects. So all in all a good show is on at the Orpheum. Election returns will be shown on the curtain. GRAND The excellent bill being presented at the Grand for the front part ot' this week drew packed houses to the "old reliable" last night. The Three Morrisses were a big- hit, and every one contends that Walter Hale is just the classiest/ttanjoist that ever picked a string. Miss Nelson has a pretty and snap py pictorial melody and the photo plays are exceptionally good. Make sure of seeing the best and go to the "old reliable" Grand. BIJOU Elinor Glynn's story "Three Weeks" was -essentially a woman's story and appealed to them more than men be cause it struck a note of truth in most of their lives and contained a mute appeal for the whole sex for the practical demonstration from men of love and affection. For this same rea son her dramatization of her story which is announced for an engage ment in this city playing at the Bijou theater Saturday matinee and night, will also appeal strongly to the women and it has been so written that the most sensative mind cannot be shock ed or off-ended. The play opens with a prologue showing the queen with her brute husband at Sardalia. The first act occurs at Lucerne whore she sees Paul who realizes her ideal of all that is noble in manhood. The second act is a beautiful picture of the Loggia at Venice, where "the feast of roses" oc curred, and the last scene is back in Sardalia, where the queen pays the price of her happiness with her life. Miss Mrella Hamilton as the lady heads the notable cast. NOTICE OF SALE OF BONDS. Notice is hereby given that sealed proposals for the purchase of the Ward county, North Dakota, bonds hereinafter described will be receiv ed By the Board of County Commis sioners of Ward County at the office of the County Auditor in the court house in the city of Minot, North Dakota, up to th-e hour oiUwo olclock p. m., on Thursday, the 13th day of April, 1911, and will be opened by said board at said time. The bonds hereby offered are Seed Grain bonds of Ward County, North Dakota, «to the amount of $40,000.00 with a privilege of $&0,000.00 or any portion thereof, issued in pursuance to Chapter 210 of the Session Laws of North Dakota for 1909, entitled, "An Act authorizing counties to issue bonds or warrants to procure seed grain for needy farmers resident therein." Said bonds will be in de nominations of $500, dated April 15th, 1911, due April 15th, 1913, bearing in terest at the rate of seven (7) per cent per annum payable semi-annual ly, principal and interest of said bonds payable at any National Bank, with out exchange. All bids shall be sealed and endors ed "Proposal for the purchase of Seed Grain Bonds," addressed to Louis A. Larson, County Auditor, Minot, North Dakota, and filed in the office of said auditor before the time fixed for the, opening of said bid. AH proposals for the purchase of said bonds shall be ac companied by a deposit check on a na tional bank payable to Arne Amund son, chairman of the Board xf County Commissioners of*Ward County, for the sum of One Thousand Dollars, which check shall be forfeited by the bidder in case he fails to accept and pay for the bonds bid for by him if his bid is accepted. No conditional bids will be consid ered, and no bid will be consdered for less than par and accrued interest! The Board of County Commissioners reserves the right to reject any or all bids. Dated at Minot this 30th day of March, 1911. LOUIS A. LARSON, County Audltof, Ward County, North Dakota. BRENNAN STILL ON STAND (Continued from page 1.) "Yes sir," replied Mrs. Hopkins. "Any lightning," asked the defend ant's couusel and of course he got a good hand. Must Show Facts. Ruling on the question of submitt ing as evidence the opinion of wit nesses bearing upon the intoxication of Judge Cowan, President Burdick yesterday afternoon declared that in asmuch as there was a difference of opinion among the courts on that question, that it would be well to have witnesses testify as to facts that led them to reach conclusions as to intoxication, and that in cases where such facts were not testified to, that the court could take the opinion of the witness at what it appeared to be worth. Tuesday Morning Session. Further examination of Dan V. Brennan tending to prove cf disprove personal bias or prejudice upon his part toward Judge John Cowan was Drought about at the opening of im peachment court this. morning, Bren man resuimind the stand when Presi dent Burdick made the ruling that the prosecution could continue the exam ination of witness as to facts tend ing to disprove personal animus that time as two weeks in direct answer to a question propounded. It was a notorious fact. Brennan claimed, that there were about thirty beer selling establishments in Devils Lake as well as several disord-erly houses which he said were in the res idence district. Culmination of sen timent, he claimed, came when the daughter of a well known resident was insulted on the street, several men deciding at that time to employ a detective to investigate the situa tion, among whom were Fred P. Mann and Siv-er Serumgard." It was either a case of doing something or turning the town over to the law breakers, Brennan claimed. This detective worked thirty days, with Cowan under observation during the latter part of that period, but he claimed the detec tive had not been 'brought there for .that purpose. He said he had no per sonal feeling toward Cowan, nor to .ward Messrs^ McClory and Cuthbert, although admitting that it was hard to divorce personal feeling in a political fight. He said that he believed they were opposed to law and order. He claimed that in raids that were made, conditions in Devils Lake were so bad that they went to Starkweath er to secure warrants, and at hearings found City Attorney Cuthbert acting for defendants. "But Attorney Cuthbert said a few 4ays ago that he was not so engaged," said George Bangs. "He was," answered Brennan. Asked as to whether his- evidence had in any ^manner been altered by reason of the fight at Devils Lake, he declared it had not. Then Counsel Tracy Bangs for de fendant and witness proceeded to en joy a short visit, as did the remainder of those attending. Tracy Bangs asked the witness if he had at any time asked City .Attorney Cuthbert for warrants against alleged blindpiggers, and he said that he had not. with the same answer being giv en in response to such question with Mayor McClory as official. He went to the acting state's attorney, Fred Tray nor, he said, on'the third question along that line.- Traynor was one of th-e men in Bismarck making fight against Cowan before the- house of representatives. Asked as to whether oAnot he had been at Starkweather at the time the cas-es were in progress, witness said he was not, nor had he seen Cuth brt acting as attorney then. The re port had been made to him, he said. a ween **•*•***, *.w TWO NEW LEAVERS WILL TIE SEEN IN CONGRESS AT SPECIAL SESSION OPENING APRIL 4 Washington. April 1—When congress meets in special session Tuesday, April) •1, two new party leaders will be found in the place of Speaker Joseph G. Can-! non. and Senator -Nelson W. Aldrich. of Rhode Island. They will be Con gressman and Speaker Champ Clark of Missouri, and Senator Boies Penrose of. u*»»r «.*•« w«.—. Pennsylvania, who succeeds Aldrich as chairman of the finance committee. This position carrier with it the leadership of the upper house Penrose, a repub lican, will undoubtedly endeavor to line up the conservative Wees in the senate to oppose amy radical tariff provisions that the Democratic house may pass. might appear to have teen elicited what term counsel had designated the' upon cross examination. league, contending that that was the The question of why Judge Cowan name given it by blindpiggers, and he had been placed under observation by a number of Devils Lake men who em ployed a detective was the one pro- s°},* )auf,„ 'Youn know," responded Bangs, 1 never have been in one of those pmrndedT and^n"'res^nse'lhe"wUnes"s Places, so I yield to your superior declared that the detective had not knowledge." been brought there originally to make I "1 m'Sht. suggest that you got in such observations, not doing so un- formation a little nearer home, re til he had been there about two weeks. Plied Brennan. Brennan first made answer that Cow-1 The vis£ was terminated shortly, an had been placed under observation when reports^ came from the detective that the judge had been seen drinking in a drug store, but later gave thei tive. however, Brennan making the state •ment that he had contributed money toward the employment of the detec- Brennan also admitted that he had been a participant in sending out on the night prior to election of a circu lar directed against Cowan's interests, such circular relating to religious matters. He also declared that this matter was in answer an article published in the Rockn,ake Ripples which claimed that Cowan had the ed itor of that paper under his thumb and that he was responsible for the article. The witness also admitted that the article in that paper was an editorial and that Cowan had no in terest in the publication. N. A. Way of Devils Lake, formerly active in Minnesota's liquor zone1 fight was next called, stating that he had lived in Devils Lake for-twenty years, and admitting that he had once been convicted^ in Ramsey court for blind pigging, serving a year's sentence. He' claimed to have seen Cowan once dur ing the term of the federal court in -Devils Lake last year when he was drunk, and also that he saw Cowan in Gordon's livery barn the night before the June election. Objection was made to -the examina tion of witnesses as to charges of de layed cases on the grounds that no corrupt, fraudulent or improper con duct was charged. The objection was not carried out but will be taken up later." F. P. Mann was next called, stat ing that he had seen Cowan intoxi cated April 4, 1910, on city election day, at the Sevtlla hotel, and also on November 8, 1910, fall election day. On the latter occasion h-e said Cowan was very drunk, while in the first in stance he could not swear that he was intoxicated. On cross examination Mann admit ted that he had been defeated in the April 4 election for alderman by Avery Johnson, the candidate brought out the night before and runing on stick ers. That he had not been in any or ganization for law and order prior to that time, that he was a member of the Devils Lake city council when the saloons were operated openly under city license or fine of $50,"and that he supposed such procedure within the law in view of the city ordinance. The question was raised as to who drew this ordinance, witness being asked whether M. H. Brennan, then city attorney, had drawn it, and Mann replied that this view had been dis puted. Mann also admitted that at one time as member of the city coun cil he had received severe reprimand from Cowan because of such open saloons. He admitted that he ould Now this little band of good samar- pay his share in counsel fees neces itans," started Tracy Bangs, tut ob-, r-ary ate jection was made as to the manner, of the question and sustained. "I withdraw," he followed up. "I was entirely mistaken." "Now this Physic league included Fred Mann. A. B. KerHn. Siver Ser umgard, and a number of others," said Tracy Bangs. "Not all," said Brennan, "Kerlin was not a member." Witness then wanted to know by »•». «.. as^u impeachment proceedings be- fore th house, and that he had inter viewed witness-es with reference t» their evidence before the court of im peachment, that the Civic league had been in existence only a short time when the plan to impeach Cowan was broached, being in fact, discussed prior to last November's election. His interest in the movement had not been in evidence until after the citv elec tion of last year, and said that he had Tuesday, April 4, 1011. Makes Hone Baking Easy *AKlH* Absolutely Pure ThB only baking powder mama from Royal Grape Cream of Tartar WALUMOUMEPMSPHATE made no complaint--to the mayor or city attorney with reference to alleged violations. He also claimed that li quor was served over soda fountains in Devils Lake. Mann was also asked whether or not fie had at any time sold liquor over soda fountains at the Chautauqua grounds and he declared that he had not. In Devils Lake open days saloons were run wide open with bars, beer being sold across bars. This period, he claimed, was ended by action of the state enforcement league, but he admitted that practically all violat ors were brought before Cowan and convicted. Witness had not made complaint as to* bawdy houses in the city altholugh admitting that they had been present a long time. He also ventured the opinion that last elec tion was on the policy of a wide open or closed town, and that McClory led th-e wide open contingent. This view he claimed, was generally accepted, al though he admitted no statement or platform to that effect had ever been published. McClory was elected over Fred Traynor, one of the active par ticipants in the fight against Cowan. The witness was also asked as to the actual condition or stage of intoxi cation Cowan was under on city elec tion day. responding that the judge had quite some capacity and "guess ed" that he could put him (Mann) "un der the table." Albert Roberts. Albert Roberts, residing three miles from Devils Lake, said that he had gone, into the Gordon livery barn be tween 7 and S o'clock election day and had been accosted by Judge Cowan whom he said came out of the office and spoke to him for several minutes, advocating that he "vote her straight." At that time Roberts said Cowan was intoxicated and looked as though he was a bit worse for wear. James Fitzgerald. James Fitzgerald, also on the stand, testified that he had seen Cowan at the Gordon barn about 12 o'clock the night before election and that Cowan was then intoxicated. On cross exam ination he admitted that he had been before Cowan on criminal charges, that he had been lectured, and that he did not hold kindly feeling toward the accused. Avery Johnson. Avery Johnson, a Devils Lake laun dryman, said that the Gordon livery bam had the reputation of being a place where liquor flowed freely, and declared that he had several times taken active hand in clearing "drunks" out of that place or in the lot between his laundry and barn. There was a wrangle between attorneys over ad mitting this reputation evidence, but facts bearing upon the question were finally allowed. P. -J. Keersten was the first witness called this afternoon and said that he had seen Cowan in the Moran & Green drug store at Devils Lake and that Cowan drank something that appear ed to him to be liquor. Attorney Fred Duggan of Grand Forks gave corroborative evidence on an incident in the Vanderhoof hotel when he had a motion to make before Cowan and when, he-said the jurist was drunk, this being the occasion testified to yesterday by Attorney Flynn who was present. On crosi examination Duggan said that the case had been fixed for the day follow ing, and that the opposing party had the right to appear,.but that the op posing counsel did not appear. While in the hotel room Duggan said^ some one else came to the door and that the judge inquired of him if he had anything to drink. Fred Traynor of Devils Lake next called said that he was in the district court room at Devils Lake when the case of John Michaels, charged with violating the prohibition law, was call ed, and that Cowan appointed Attor ney McClory as defending attorney after he himself had been named by defendant. On that occasion Traynor said Cowan was drunk on the bench. On April 4, last year, Traynor said Cowan was also drunk, and that he saw him on that^ay. In preparation of the court docket in Starkweather Traynor said that he had made out a form of entry ,and that he had included Cuthbert's name as counsel" for defense in that form. Traynor claimed, however, that Cuth bert did actually act for defendants. The General Opinion. Belle—How silly men act when they propose! Why. Jaek acted like a per fect fool: Nell—That's what everyb°dy thought when your etigaseuiHVt was announc ed! Funny to Her. "Is he really a humorist?** "He certainly Is." replied* the sweet yonng thing. "He actually asked me to marry him." 1 f.