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SATURDAY, NOVEMBER 24, 1906.
CHI HSK SERVE ON THE SUPREME OH Correspondent Doubts Hi* Right to Fill Unexpired Term. SOUTH DAKOTA OASES Cited and Construed as Appli cable to North Dakota Conditions. To The Evening Times: The present Judicial muddle in thin, state has caused a lot of commment, especially in view of the fact that the law is not well settled as to the meth od of filling vacancies. There is no statute or provision in this state pro viding for the nomination and election of a judge to fill a vacancy. The only provision on the subject is found in the constitution In section 98 which in general terms provides that such va cancy shall be filled by the governor until the next general election when it shall be filled by election. The refusal'of Judge Fisk to accept the proposition of Judge Kauf to al low him to resign and to take up the position at once that the work of the court might not be delayed has caused the matter to be nvestigated with more ordinary care. Our sister state of South Dakota has also been confrontetd wiui this same question. Their constitutional provision is very similar to this state and provides that vacancies in district as well as supreme courts shall be filled by the governor by appointment until the next general election, but their, legislature has failed to enact any law to carry in to effect this pro vision. In deciding one of these cases the court said: "It would become the duty of the legislature to provide for such election and until such provis ion is made there is no law in this state for the election of judges." This was the case of the State ex rel McGee vs. Gardner. In this case reported in 54 N. W. 606, Judge Now lin resigned on Nov. 1, 1891 and the governor .appointed William Oardner to fill such vacancy. On the next gen eral election, held on Nov. 8,1892 Levi McGee was a candidate for such posi tion, and was duly elected. He quali fied and demanded possession of the office which was refused by Gardner, who claimed that his appointment held for the unexpired term of Judge Now lin. The court after an exhaustive examination of the law and authori ties held that there was no law for filling such vacancy, and that the term "next general election" means "the next election at which it is pro vided by law that the officer may be elected whose office has become va cant." This matter was again passed on in South Dakota by its supreme court in the case of a vacancy on the supreme bench caused by the death of Judge Bennett who died just about as he was commencing to serve his second six year term for which he was elected in November, 1893. In that case in construing the constitutional provis ion the court held that the person ap pointed to fill such vacancy would hold the entire six years for which Judge Bennett was electetd, notwith standing the constitutional provision that the governor should apppoint un til "the next general election." See 67 N. W. 495, Should North Dakota follow th«. construction placed on the law by its sister state it would seem that Judge Knauf's appointment would hold until the expiration of the term for which Judge Young was elected, the laws in both states being ^practically the same, and the legislature in this state hav ing failed to make any provisions for filling such vacancies by election just as they likewise failed to do in South Dakota. START BASKETBALL PRACTICE University and Y. M. C. A. Teams Are Hard at Work and Will Play Good Ball This Tear. The Y. M. C. A. unci university basketball teams have entered into the first stage of hard work for the com ing season. The first ftam will be played on Friday night tho first, week of November when the Fargo Y. M. C. A. will meet the local Y. M. C. A. team. The following afternoon the Fargoans will play the university aggregation. Dr. Sweetland has a good bunch to pick from and expects to put out the best team in the his tory of the institution. At center Soreneou, Oliver and Mason will con test for honors. Captain Netcher O'Keefe and Burke and several other promising stars will put In bids for positions on the forward line. The guarding department will be looked after by Nelson, Farnham, Mahon and two or fhree other old timers at the game. At the Y. M. C. A. the outlook is. not so bright as no new material has been added to the aggregation. Albertson, one of the best guards on the team will not be seen In uniform. How ever, the boys expect to make up In team work what has been loBt In ma terial and will put a strong team on the floor. A YELLOW JOVEL FIEND Young Fergus Falls Lad Was Arrested Hera Last Night—Brother Will Take Him Hone. George Blersdropp, a 14-year-old lad from Fergus Falls, was arrested at tihe Great Northern depot last night on Information from his home charg ing him with the theft of $70 from a brother. The boy is strongly addicted to yellow novels and concluded to seek his fortune in the great world. He was on his way to the home of a mar ried sister living in British Columbia. He stepped from tlte train to purchase a ticket to that 'point and was imme diately arrested by Capt Sullivan. He had spent $11 for literature on the train and the rest of the money he had placed inBide his underclothing except $25 with which he intended to pur chase his ticket. He will be returned to his home at Fergus Falls as soon as tola brother arrives in the city. HUNTIN6 NOTJIF THE BEST So Says Hotel Keeper, Who Has Been Onl on Trip Through Western Fart of State. Fargo Forum: Returning from a two weeks' hunting trip in McKenzie county, just south of Willlston, G. E. Cole, proprietor of the Metropole, stated that deer hunting in North Dakota this year is not what it has been in times past. "The deer are growing scarcer every year," he said, "and while our party had fairly good luck. I have seen a good deal better hunting. "We did not secure any very large deer though we got one or two size able ones." Dr. James P. Aylen of Sheldon and Dr. H. M. Wheeler of Grand Forks ac companied Mr. Cole on the trip and together with the camp attendants and guides they succeeded in bagging a total of ten deer. The party camped In a tent during the entire trip and in spite of the cold did not suffer from exposure. F. B. CHAPMANJQB SPEAKER Of the House at the Next Session Says a Newspaper Corns pondent. A newspaper correspondent writing for the Minneapolis journal under a Fargo date, says: home discussion is being heard over the state as to the probable selection of speaker in the next house. Speaker Piercy of the last house has a government job and will not be a member this winter. Few plans for the speakership have ma tured up to date, and the preliminary talk at present indicates that Repre sentative Chapman of Williston stands as good a show as anyone else to wield the gavel over the next ses sion. Mr. Chapman was national bank ex aminer and resigned, his resignation to become effective Jan. 1. In the meantime he was re-elected to th«. house. A8i a member of the last ses sion he "made good" and has a large circle of friends and supporters. The western part of the state demands the speaker this year again, and Chap man may be the man. Last session there was one lone democrat in the lower house. This session there will be thirteen, but the leaders are not disposed to regard that number as unlucky. Of the other eighty-seven members many of course are inclined to insurgentlsm, but there seems to be enough stalwarts In the house to organize that body as they wish. In the senate, composed of forty members, there are nineteen hold over republican senators, fourteen new republican members, one demo cratic holdover senator and six new democratic senators, unless the offi cial figures greatly change the pre liminary reports. Lieutenant Gover nor Lewis- of this county will be ex officio presiding officer in that body. Cass county has twelve of the 140 members of the legislature, all re publicans. Three of these members are in tlie senate and nine in the house. The Cass county members will caucus in a few days and deter mine on their plans for the coming session. Extraordinary Discounts. Discounts like these are not offered in the furniture stores every day. Steel couch and mattress for $7.20, regular price $9.00. Regular $8.00 iron bed for $6.40. Many other bargains space does not permit us to quote here. You will do well to attend Pano vitz furniture sale. FELT ROMEOS $1.00 $1.25 $1.50 The Acme of Comfort, Eletfance and Ease. AND BRO ELIABLB SHOE s. IE JURTMEN ME CASE Of the State vs. Anton Sor, Which is Right Name of the Defendant. PANEL IS EXHAUSTED And Adjournment Was Taken Until December Third— Killing of Brother. Out of the entire panel of jurymen in the district court at Grafton only nine were found who could serve as jurors in the case of the state of North Dakota vs. Anton Sor, who is charg ed with murder in the second degree. The name of the defendant in the case is Sor instead of Shore. This fact developed in court yesterday af ternoon. Judge W. J. Kneeshaw, who is sit ting in the case of Calder-Prindevilk held the court at Qrafton, and stated to a Times reporter today that court at Grafton had been adjourned until Dec. 3, when a special venir of jury men will be summoned, the remainder of the jury of twelve men to try Sor picked, and the trial of the case taken up. Owing to the widespread publicity given the case and the prominence of Sor in Walsh county, it is hard to secure a Jury. SERVICES 0NJHS6IVIN6 Presbyterian, Baptist and Methodist Congregations Will Join on Thursday Horning. The pastors and congregation of the Presbyterian, Methodist and Baptist churches of this city will join In a union Thanksgiving meeting to be held in the Presbyterian church on Thurs day, Nov. 29 at 11 o'clock a. m. The speaker will be Rev. Wm. Moore of the First Methodist church, who will de liver a sermon appropriate to the day and occasion. The choirs of the several churches will likely join In a special musical endeavor for that service. A SERIES OF SERMONS Will Be Announced by Hev. F. E. B. Miller of the First Baptist Chnrch on Sunday. Rev. F. E. R. Miller will tomorrow announce a series of sermons on the subject, "Jesus' Doctrine and Its Per sonal. Consequences," the plain truths from the Sermon on the Mount. The series will be an exposition of studies in his great document of Christian teaching. Following are the various sub-topics for each Sunday, commenc ing Dec. 2: "What He Says About Murder," "What He Says About Adul tery," "What He Says About Oath Taking," "What He Says About Re taliation." "What He Says About Ha tred." HOUSEKEEPERS DREW FINES Several of the "Elite" of the Hollow District of East Grand Forks Ar raigned in Police Court. The sun shines bright in the hollow district of East Grand Forks, but sev eral of the inhabitants of that section are somewhat obscured. Today in Judge T. A. Sullivan's court rooms two of the housekeepers were brought before the bar of justice, and justice full was meted out to them in the shape of $35 fines which were promptly forked over. But the house keepers were not the only ones to suffer through the activity of the tan talizing fingers-of the strong arms of the law. Fifty dollars additional was raised through the levying of a $10 tax upon five inmates of the mansions in the hollow district. The showering of fines upon the residents of the ill-starred community will tend to keep things more under cover than has formerly been the case. PECULIAR ACTION OF TRAIN The Parts of Wrecked Oriental Went Through All Kinds of Strange and Funny Movements. Old .time railroaders and Great Northern employes who have eyed the scene of the disastrous wreck of the Great Northern Oriental Limited near Do yon, N. D., In which Engineer Com fort and Fireman Morrissette were killed, have all remarked on the peculiar actions of the engine, tender and coaches of the wrecked train after derailment. When the accident occurred the flyer was speeding at the rate of fifty miles an hour and when the bad spot was encountered the big engine jumped sideways perpendicular to the roadbed and launched itself into the ditch where it lay partly overturned with its pilot digging into the bank of the ditch. Engineei Comfort had suc ceeded in turning off steam and when his dead body was recovered his hand still grasped the throttle. The ten der, on the other hand, kept straight down the track for a distance of over three car lengths and was final ly brought to a stop with the rear wheels still on the ties. The car which coupled directly onto the coal tender, severed its connections with the cars ahead and In the rear, THE EVENING TIMES, GRAND FORKS, N. D. and plunged Into. ditch on the opposite side from the engine and struck out across the prairie. The clerks in this car were injured by tho rough passage accorded them in their rapid flight over the ditch. The next three suc ceeding cars, the baggage, smoker and day coach, headed down the track, past the fated engine straight for the coal tender. If a guiding hand had been at the steering gear they could not have hit the mark more directly for they were brought up with a jar against the tender and subsequent ex aminations showed that not only had they taken the exact trail of the coal tender but that a perfect coupling had been made when the sections came together. The smoker and the tourist cars were probably the most badly dam aged cars of the train, both having large gaps and rents torn in their sides by forceful contact with the engine cab. The last cats on the train turned slantwise and heaped up against the gasping engine and it was probably these cars that worked the havoc in the cab of the engine. THE ADltplmRAM At the University Convocation This Morning Was Interesting and Well Rendered. The Ad Altiora Literary society of the university, the "all boy" society of the institution, gave the program at the convocation this morning. The program was a good one and was as follows: Address—President J. M. Learn. "History of the Al Altiora"—T. G. Johnson. "Public Opinion vs. the Lawyer"— Wm. C. Husband.' "Scene From Rip Van Winkle"— Paul B. Griffith. "Some Advantages of a Literary Society"—J. F. T. O'Connor. Song "Ad Altiora"—By the society. Judge C. F. Amidon will be the speaker at the convocation exercises next Saturday. PRACTICNL FWRMERS WANTED Trl-Statc Grain Growers' Convention to be Largely In Their Hands. The Tri-State Grain Growers' asso ciation which meets at Fargo in Jan uary promises to be the best gather ing of the agriculturalists of the state ever gotten together. President Worst and Secretary Johnson have sent out ttfe following request to the farmers of the state which shows that they realize the importance of having the matter largely in the hands of men who know what they are talking about Instead of men who know nothing of our local conditions. The statement reads as follows.- The ninth annual convention of the Tri-State Grain and Stock Growers' I association will be held in Fargo Jan. 15, 16, 17 and 18, 1907. Some very I good talent has already been secured for the program. It is desirable, however, to have .the actual farmers and stock growers of the three states represented, to participate as largely as possible in the addresses and dis cussions. The best results generally arise from enlisting home talent. The purpose of the convention is to help the farmers of these three states. Perhaps, after all, farmers can best help themselves If they will but get together and discuss local affairs. It is impossible, however, for us to see the farmers personally. We hereby request our farmer friends to suggest subjects they wish to have discussed, as well as to give us the names of persons who will discuss them. Do not be afraid to send In the name of a subject, expressing your willingness to discuss the same. This appeal is to you, progressive farmer. Let us hope to hear from you. Respectfully, —J. H. Worst, President, —J. A. Johnson, Secretary. SPOUTING MAM Arrested on Charge of Embezslement of Gans-Xelson Film Money. 4«Meiated Pw» to The Rvniig Tlatra. Cincinnati, Nov. 24.—On a charge of embezzlement, "Billy" Nolan, manager of "Battling" Nelson, was arrested hero today. The arrest came as a •sensational finish to the dispute over tho proceeds of the exhibition of pic tures of the Gans-Nelson fight Nolan, It is charged, withheld about $7,000 from the California treasurer of the films, pending a decision as to the proper division of the money, and he was therefore arrested. sirs COURT HAS 10 IT THE E Of Calder—Prindeviile and Attorney for Board Moves for DismissaL OF ALTERNATIVE WRIT Arguments Pro bad Con Madt and Case Smnbitted Late This Afternoon. This morning in district court be fore Judge Kneeshaw a motion for the dismissal of the alternative write in the case of Calder vs. the board of canvessers of Grand Forks county was made by Attorney Wineman, rep resenting the board in the action. At torney Wineman made his arguments this morning as did Attorney Murphy, representing Miss Prlndeville, the candidate for superintendent of schools, against whom the action is directed. Mr. Wineman argued that the board of canvassers was following out the provisions of the law, and that the district court had no right to issue the writ, and asked that it be dis solved. Attorney Bangs, representing Mr. Calder made his arguments this after noon, and a decision is expected this evening. ADJOURNED JJN6D0N TERM Judge Kneeshaw Found It Necessary to Adjourn the Term of Court at Langdon—Dec. 11 New Date. The term of court at Langdon sched uled for the 4th of December has been postponed by Judge Kneeshaw from the 4th to the 11th. The change was made necessary by the continuance of the Sor murder case at Grafton. This case will come up on Dec. 3. Judge Kneeshaw will hold court all next week at Grafton, disposing of a number of cases which have piled up. HAGENIHRTAN ACTION Stanley Farmer Arrested on Suspicion of Killing His Brother May Wont Damages. HOX. KNITTE NELSON United States Senator From State of Minnesota. .Martin Hagen, the Stanley, N. D., farmer recently arrested and brought to Devils Lake on suspicion of hav ing killed his brother, may start an action for damages against the Ram sey county officials. The box in which it was claimed that Hagen had placed the body of his brother, is said to have contained pork, and this fact started the report which resulted in Hagen's arrest. THE SMJtTTENDANCE By Counties Throughout the Slate There Area Large Number of Children Enrolled. The November apportionment of the state school funds is a small one be cause during the last three months there have been light collections on account of interest on land contracts and district bonds, and from fines and taxes. The February apportionment will probably be larger. For Novem ber Ward leads with Cass second and Grand Forks third. The amounts are: Rate per capita from interest and income fund $.37 Rate per capita from fines, taxes, etc 06 Rate per capita from total state tuition fund 43 The following shows the attendance in various counties of the state: Barnes 2,649. Benson 1,672 Billings 206 Bottineau 2,553 Burleigh 1,668 Cass 6.09S Cavalier 3,137 Dickey 1,342 Prominent People Eddy 852 Emmons 344 Foster 933 Grand Forks 5,546 Griggs 1,020 Kidder 456 LaMoure 1,416 Logan 403 McHenry 2,862 Mcintosh 835 McLean 2,166 Mercer 269 Morton 2,177 Nelson 1,634 Oliver 259 Pembina 3,633 P'erce 1,159 Ramsey 2,288 Ransom jt656 Richland 4,14# Roletto 1,676 Sargent 1,600 Stark 1,575 Steele 1,127 Stutsman 2,633 Towner 2,024 Traill 2,721 Walsh 4, 245 Ward 6,142 Wells i,653 Williams i,3go McKenzie *155 Total 80,600 MENARRESTEDFORPERJURY Four Men Have Been Pinched by Mar. shal Stout and Will Be fried Here. Word comes from the western part of the state to the effect that four men havo been arrested by Deputy United States Marshal Stout They will probably be tried here on a charge of perjury in connection with making final proof, which is the charge against them. The men arrested are Peter Mayer, William Heiser, Joe Mayer and Jacob Barth. VALLEY CITY BOOM. Great Activity Shown in the Barnes County Metropolis. Fargo Forum: From present indica tions there promises to be a building boom in Valley City next summer, ac cording to J. W. Ross, the Grand 'Forks architect. Mr. Ross stopped at Fargo last night on the way to Val ley City, and owing to the temporary blocking of the Northern Pacific west of here was obliged to remain in this city a part of this morning. He stated that he was on his way to Valley City to deliver plans for a large business block which Rushfelt Lee will erect there. The block will be a two-story brick structure, 75 100 feet There will be space for three stores on the ground floor and offices and fiats above. Mayor Wood of Valley City is plan ning to erect a fully modern four-fiat building at a cost of $15,000, and Mr. Ross is to submit plans for this. Mr. Ross stated that the erection of several other large buildings was being plan ned by Valley City people. PANIC IN THEATER. Horse Used in Play Leaped the Foot lights and Smashed' Things. \NMHfntrd 1'rvm to The Kvnlnit Time*. East St. Louis, Nov. 24.—While the performance was in progress at the Broadway opera house last night a horse utilized in the last act to draw the heroine in a buggy, became fright ened and sprang over the footlights into the orchestra. The heroine fell unconscious to the stage and three women in the audience fainted, while the horse floundered around in the orchestra pit, demolishing chairs with its hoofs and creating intense excite ment In the theater. The presence of mind of a number of men in seizing the horse and sitting on it, and at the same time admonishing the people to sit down, prevented a panic. The Churches Christian Scientist. First Church of Christ, Scientist Regular Sunday services at 10:45 a. TO. and 8 p. m. Subject, "Ancient and Modern Necromancy, or Mesmerism and Hypnotism." Morning service, solo by J. A. Evans. Sunday school at 12:20 p. m. Wednesday evening service at 8 o'clock. Public reading room in church foyer, open on week days from 2 to 4 p. m. Church edifice corner of Belmont and Fourth avenues. All are cordialy invited to attend the services and visit the reading room. First Baptist. Frank E. R. Miller, pastor. Public worship at 10:30 a. m., with a sermon upon the subject, "The Kind of a Gos pel We Have to Preach." In the even ing at 9:30 the subject of the discourse will be, "What the Child Owes to the Parent," the sixth in the series on "Marriage and Domestic Life." Excel lent music, under the direction of Prof. Gladstone, with Miss Jane Smith at the organ, will accompany these serv ices. Bible school at 12, R. B. Griffith, superintendent. B. Y. P. U. at 6:30. Prayer meeting Wednesday at 7:30 o. in. in the church parlors. Extraordinary Discounts. Discounts like these are not offered in the furniture stores every day. Steel couch and mattress for $7.20, regular price $9.00. Regular $8.00 iron bed for $6.40. Many other bargains space does not permit us to quote here. You will do well to attend Pano vitz furniture sale. OPPOSES PARDON TO MM KARTELL Negro Convict Will Not Have Assistance of States v' Attorney. PROSECUTED THE CASE St. Lawrence Will Also Labor Without Officials' Help. State's Attorney J. B. Wineman, who prosecuted the case of the state ve» William Martell, who was convicted and sentenced to twenty years in th*1 state penitentiary on a Charge of mnr» der, will oppose the granting of a. pardon or commutation of sentence In, the case. Martell Is a negro, and wm convicted several years ago of killing a man named Malally. The killing oc curred in an alley near Fifth street and Alplha avenue. Martell got a twen ty year sentence, and recently asked for a pardon. Mr. Wineman will also oppose the granting of a pardon to Louis St Lawrence, convicted of stealing a horse in this county last June. In the Keene case, another man who has asked for a pardon, it is probable that Mr. Wineman will recommend that the same be granted, although he has not decided as yet. Keene has been In prison two years. FASHION PARAGRAPHS. New York, Nov. 24.—It is not neces sary to put on an expensive gown for every informal occasion, for it is worse to overdress than to underdress, but the craze for outdoor athletic life has had its marked effect on the dres sing of women for any daytime affair. No matter who does it the extra short skirt, white shirtwaist that has no pretense at being a blouse, the turn over collar and cravat, the plain street hat and heavy shoes, have no place at the 5 o'clock tea in the fashionable house. Some women do It to show how casual they consider such a social oc casion. A coat suit is proper, although not as pretty this season, as a blouse frock worn to the house under a top coat this is merely a matter of taste. The point is that the suit or frock should be the best one has. All accessories should be as good as one can afford, for there is to be a strong reaction for this winter from the fashion of street dressing used in the drawing rooms. If It is necessary to go about at all in the evening in a public con veyance it is most necessary to have long dark wrap that is at once smart and inconspicuous—in other words a wrap that will be correct for the theater, and be also appropriate in a street car. The best solution to this problem is to have a good fitting, long* empire wrap of black or dark rod, in cloth or brocade. Black will be found most satisfactory, but red is often more becoming and is more youthful. Gray is another that is fashionable this year in its darker shades, and is, there fore, excellent for this style of cloak, as it is one of those indefinites which seem to be sufficiently dark or quite light and 'dressy,' as occasion de wands. Black over white is a French touch that is taking on this side of the water. A handsome black gown trimmed with black lace which has the black cut. away from under its most striking pat terns, letting a white lining show through, gives something the appear ance of medallions set on, but is mvtih newer. If a woman cannot afford two coats, one for morning and rough wear, the other for all social afternoon affair*, then by all means let her choose the one for tho street. For the other oor casions she can wear a blouse froch under a coat. This is the best arrange ment of her money. The latter may be made at home and quite Inexpensive in material. It can be lace trimmed with unlJned yoke and lace sleeves. This suit will serve for every social affair, such as receptions, luncheons teas and theaters. For the house the shirts are ex tremely full. They are long, sweeping the floor in the ordinary skirt and ex tending into a square court train IS SELLING DRY OAK WOOD AND —DRY PINE SLAftS. Cheaper than anybody else in the city. We have them both sawed and in four feet lengths. G. SORENSON, Agent. 01 elaborate ball frocks. The latter wll be worn, however, by the majority, to they are intended for that class whi move in very formal society. The should not be worn casually to simple affair. The debutante will nc wear them as she once did. They ar one of the fashions really kept exclu ively for the matrons. The St. Hilaire Retail Lbr. Co. BOTH PHONES No. 24