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I 4 I DISTRICT COURT NOTES. The Dakota Building and Loan Association Under In vestigation. Charges of Irregularity Against Some of the Directors in Their Duties. Tour Prisoners in the County Jail Come Betore Judge Rose for Sentence. District Court Notes The court was occupied the whole of Tuesday morning with the trial of the actions brought by the Dakota Building & Loan association against L. B. Miner, J. W. Cloes, Anton Steinbach and Peter fTana, the case being heard in chambers. Nickeus and Baldwin are attorneys for the association, and S. L. Glaspell for the defendants. The case will probably occupy the whole of the day. The case of L. B. Miaer was first taken up. The complaint sets forth that certain of these defendants were indebted to the association in certain sums, and that at an irregular meeting of these directors) these parties were allowed to settle this indebtedness for a sum less than the fall amount due the association, contrary to the interest of the other investors. The association therefor asks to have these proceedings cancelled and set aside as illegal and fraudulent. In opening the case Mr.Nickeus stated that he should prove that the meeting at which the releases were ordered and de fendant relieved from obligation to plaintiff, was irregular, and that all busi ness done thereat was void because there was no notice given of this meeting as required by the bylaws, and it was not a regular meeting, as is shown by the min utes. The beard of directors consists of eleven members, but only fiye were pres ent at the meeting in question, and even if a majority had been present their action would not be legal unless the others had notice given them so that they had a chance to be present. Messrs. Steinbach and Haas who were claimed to have been present and voted as direc tors, thus making seven present and vot ing, were not legally authorized to act as directors at that time because the meet ing, at which it is claimed that they were appointed to fill vacancies, was not a regular meeting, nor had the proper no tice been given of a special meeting to elect them. Therefore they were not legal directors on April 10th, when this fraud was perpetrated,and without them there were but five directors present. A special meetiag can transact no business other t.hnn that for which it is called, as stated in the notice. Moreover, the plaintiff alleges furthur that even sup posing that this meeting had been legally called and held for this purpose, and supposing that there had been a majori ty of the board present yet borrowing members of a building association can not force an inequitable settlement upon the investing members. They are trus tees for the stockholders, and can not therefore, without fraud, secure to themselves advantages not common to other membere. The board of directors had no power, even if all the meetings at which these proceedings took place, had been regular, to do an act which not only disturbed, but destroyed the vented rights of the stockholders, in order to benefit themselves. In defence it is claimed that these meetings were properly called, and that a majority of the directors were present and voted, believing 'that such action was for the {best interests of the_ stock holders. The defendant also denied that he was indebted to the association, in the sum of $2000, as alleged in the com plaint, and states that he never owed them more than 8845, all of which he has repaid. He admits that at a meeting on April 10th, a resolution was passed by the directors setting aside and releasing him bom the provisions of an instrument purporting be a mortgage on his properly, but he alleges that this mort gage was null and void because it had never been signed by his wife. He also denies that there was any conspiracy or agreement in regard to this resolution, which was passed by the directors in the belief that they were taking the action which would best serve the interests of the stockholders of the association. He also alleges that this meeting was called in a regular and proper manner, and that a majority of the directors were present and voted for the resolution and he therefore asks for judgment with costs. The greater part of the morning ses sion was occupied with the testimony of L. T. Hamilton who was formerly the secretary of the association. He intro duced and identified the books and records of the association. After the testimony was all in the case was adjourned till Thursday morning, to allow a transcript of the evidence to be made when the case will be argued on the points of law involyed. At the morning session on Wednesday Mrs. Clara E. Hulett was admitted to citizenship. The case of J. B. Holliday vs. H. G. Anderson was dismissed on motion of the defendant, the plaintiff not having complied with the former order of this court, to pay the defendant the sum of *10. Edward Callahau the young man who was indicted by this grand jury for bur glary, committed at the Northern Pacific ticket office at this city last January, and who pleaded guilty, was brought up for sentence. It will be remembered that this, prisoner while confined in the county jail managed to break his way out through the ceiling of the jail, and taking a horse from county commission er Woodbury made his escape from the neighborhood but was recaptured at Helena. Being questioned by the court the prisoner said that he was 18 years old on the 14th of last May, and that he had never been convicted or indicted for any offense before this. His father and mother are now living in DeSmet, South Dakota. The judge before sentencing the prisoner said that he was sorry that his age being over 18, would prevent his being sent to a reform sohool, which he though would be much better for him, than a prison. Under the statute, however, he had no power to send a lad to a reform school who was over eighteen years. He was sorry to see a young man just entering on manhood in such a .position, as in this country there was no excuse for a heal thy, able-bodied young man taking to The sentence of the court would be that you shall be confined in the penitentiary at Bismarck for two years frem this date. The law allows a sentence of five years for the offence of burglary, but taking into consideration that it is your first offence, the court will only sentence you to two years, which you will be able by good conduct to re duce by some months. Fred Horton was brought up for sen tence upon an indictment found by the grand jury charging him with carrying concealed weapons, to which he had pleaded guilty. While in a state of in toxication one night, the prisoner was put out of Mrs. True's boarding house by Mr. Churchill, and when out side the door he drew his revolver and fired it off in the air. It was not charged that he pointed it at anybody. The judge,' addressing the prisoner, said he hoped that this would be a lesson to him in the future, to lot all intoxicating drink se verely alone. While there might be noth ing intrinsically wrong in the moderate use of liquor, when a man found that he could "t use it without its gaining con trol of him and taking away his reason, he had better stop right there. He hoped that this would,bea warning to him, as he naa a Very narrow escape from committing a serious crime, while carry ing this weapon under the influence of liquor. However, as he had pleaded guilty, and taking into consideration the fact that he had already been a month or more in prison, sentence would be suspended, and he would be set at lib erty. The two young men charged with breaking seals on a Northern Pacific railroad car were then brought into court and the state of the case explained by the county attorney. He told the court that he had examined the evidence given at the preliminary examination before the justice and in his opinion it was very doubtful whether a grand jury would indict the prisoners or whether a petit jary would convict them. It would be nearly 7 months before we had an other term of court, and it would not seem right for the prisoners to be kept in jail for that length of time without trial at the expense of the county. He there fore asked the court to release the pris oners upon their giving bonds to appear at the next term of court. In answer to the court Wm. Wallace said that he was 22 years of age his parents formerly lived in St. Thomas, Ont.,buthe believed they were now in Cleveland Ohio, he was going along the Northern Pacific looking for work when he was arrested. Wm. Hopkins the other prisoner said his parents were living 27 miles southwest of Mitchell, South Da kota, he was also looking for a job. The judge said that taking the circum stances into consideration he would make an order allowing the prisoners out upon their own recognizances, and while of course he did not know whether they were innocent or guilty he hoped that this would be a warning to them never to allow themselves to be tempted to do anything which was wrong or dishonest. Good Luck. News came by mail last Saturday that a ticket held at the Hardy post ofliceinthe February drawing of the Louisiana State Lottery had drawn five thousand dollars but until Monday no one appeared hold ing the ticket, and it was about conclud ed that some transient person had pur chased it. Miss Tressie Webster came over to town Monday morning and when told of the fact stated that her father held fifteen tickets in the drawing and she thought one of them was close to the number that drew the money but did not remember the exact number of his tickets. She took the number, it being 64,109, down on a slip of paper and upon com parison at home found they held the lucky ticket which drew one twentieth of the hundred thousand dollars. Mr. Webster s®on came to town and exhibit ed the lucky ticket to his friend and placed it in the Hardy bank for eollec tion. He is one of the pioneers of Jack son township, Jewell Co., Kansas, eight miles south of townhaving homesteadhis present farm in 1873, and is a hard-work ing. industrious citizen, who will appre ciate this luck. He says he began buying tickets about three years ago and at the time of purchasing these fifteen tickets had drawn five dollars more than he had invested. The Herald, with his many friends, congratulate him on his good fortune and are glad to know that the money falls into good hands and will not cause extravagance and trouble to follow. Hardy (Neb.) Heiald, Feb. 22. Major Edwards ou Dakota Climate. While in St. Paul last week Major Edwards caught a Daily-News reporter and worked the young man for the fol-, lowing breezy interview: "Major Edwards, the jovial pilot of The Fargo Argus, was voluminously ap parent in various parte of the city this morning and his genial exterior had the effect of coaxing the sun into view. When cornered in the Omaha general office he reiterated his oft-repeated statement that he knew nothing whatever of politics. "I am a seeker after transportation—not truth," he remarked. "Where am I going? To Coloraro and Nevada, and my mission is a purely business one. I have sonae_ mining property out there and there is a fellow who thinks he wants it more than I think I want it. If he is of the same opinion when I reach him he'll get it. In my younger days I was given some good advice relative to mining in vestments—to always sell and never buy' —and I think it hits the nail on the head.? I wouldn't settle in either of those states for money, for Dakota, my boy, is God's" country." "How are things coming up there, Major? "They are coming our way and we shall lasso every blessed one of them. Dakota is a great place. No country on the globe is to have so many elections in so short a time. Every town has a boom. And the weather? Oh, my boy, you should spend a few days in that equatorial region where the roses' bloom at any and all times and the silver-tliroatr ed nightingale gets in his work on the ethereal circumambient. While the effete east is wearing an overcoat a muf fler-and galoshes, Dakota has "on her. lawn dress, her lisle thread hose, her summer slippers and her straw hat, with knots of wild flowers in her corsage, ati her belt and in her odorous hair. The sun is getting high—too high for comfort— and people up there are getting so now that during the meridian heat they take a siesta in their hammocks under the shady trees, while the hired girl plays whist with the hired man on the back porch. Corn is knee high ami wheat is looming up like the legendary two dol lar fiddle, while the refreshing milk shake, drawn from the finest Durham cows which are kopt in ice houses for that purpose, is interfering with the digestion of all concerned. The con stitutional convention meets on the Fourth and the nation's birthday will usher in a new era. President Harrison will issue his proclamation in October, and then yoif can look at us as we soar! into the atmosphere at a 2:40 gait. We'll make the fur fly, and don't you permit that fact to evade your retentive memor Buy your corner lots right now or you will be eternally left." Imitation is Impossible. It has been shown that in many cases it is easy to successfully imitate. Scarcely has a new invention been an nounced before a host of imitations spring up on every side. No higher encomium can be paid the inventor or discoverer than to encounter imitation, notwithstanding such flattery is not acceptable. la some cases successful imitation is rendered impossible, inasmuch as the imitator is unable to lend a complete knowledge to the subject or has not the means at hand to aid him. Perhaps no article has been the object of attempted imitation more than the worldwide specific for the prevention and cure of kidney and liver disorders, fami liarly known as Warner's Safe Cure. In the preparation of this intensely popular remedial agent, it is claimed that it is impossible to successfully imitate safe cure, even if the correct formula is known, because the peculiar devices and highly expensive mechanism used in its manufacture are beyond the reach of the would-be imitators. Adding to this the lack of along experi ence, which has rendered perfect every step in its preparation which inventive genius can suggest, together with the great skill exercised in the selection of only the very best materials, the genuine article is perfection itself. Some effort it also being made to imi tate a popular line of old-fashioned log cabin "home cure" known as "Warner's Log Cabm" remedies, comprising a sar saparilla for the blood, hops and buchu for the stomach and system, cough remedy for colds, rose cream for catarrh, extract for relief from pain, hair tonic, porous plasters and pills. Successful imitation is rendered im possible for the rotu.on that the same care has been given in the preparation. An expensive laboratory, costing thou sands of dollars, has been especially con structed for their manufacture and is under the immediate supervision of one of the best chemists known. Poor material and means employed would be susceptible to easy imitation, but with the best material, machinery and skilled labor employed, these house hold articles are given to the public be yond the reach of all successful counter feiters. "Among the Breakers." The play "Among the Breakers" which the Jamestown dramatic club has had in rehearsal for the past two months, will be presented next Tuesday evening at the rink. This play is given under the auspices of the Ladies Relief society as a substitute for the annual charity ball and the proceeds will be distributed among the poor people of our city. The tickets will be on sale in a few days, and it is hoped our citizens will respond liberally when called upon to buy. Tickets will be fifty cents to all parts of the house children twenty-five cents. Reserved seats without extra charge, at Wonnenberg & Avis'. VOL XII JAMESTOWN8 DAKOTA THURSDAY APRJL 25 1889 NO 36 THE TWINE TRUST. A Practical Solution of the Twine Trust Question—Advice to Earmers. Col. Dodge Denies his Interview Sons of Veterans Encamp ment at Jamestown. Episcopal Ea&ter Services—A Lot ot Appointments—Other Lo cal Matters. Twine Factories Wanted Dakota. It is announced that several of the large manufacturers of self binders will sell an attachment this year for using wire instead of twine for binding. While this may be a good move as a temporary expedient to keep the price of twine from going to exorbitant limits, it furnishes no guarantee that what has happened this year may not occur again next season. Wire was tried some years ago, but has been driven out of use by the twine binder for several reasons, chief among which were the increased cost and the difficulty of keeping the wire out of the threshing machine. Everyone agrees that something is wrong with the present state of the twine trade, but in order to find a remedy it is '"necessary to seek for the cause of the trouble. When the cause is removed the ^matter will right itself, but for the farm ers to work themselves into a rage over a fancied monopoly or trust is not the way to set it right. The cause of the present high price of twine is that the demand is greater than the supply and therefore the price rises as naturally as in the case of wheat under the same cir cumstances. Ira Bursley, of New York, one of the largest and oldest importers of manilla and sisal hemp, when asked to what he attributed the advanced price of these ,:fibers, said: "The immediate cause of the in crease is the falling off in the re ceipts of sisal. The receipts of this fiber :in 1880 were 80,000 bales of 400 pounds reach, in 1881,136,000, and so on increas ing at the rate of 10 to 15 per cent yearly Until 18S7, when the import was 216,000. Of course, we assumed that the ratio of increaso would.be maintained, but in stead of that the scale turned so that last year we received only 210,000, and this year there has been a further de crease down to the first of March of 29,000 bales as against 38,000 in the cor responding period ef last year. This falling off in face of a growing demand has naturally had the effect of raising the price of the fiber, and it has also affected the price of manilla." The last number of the Farm Imple ment News gave a general statement and summary for the years of importation, stocks, prices, etc., of manilla and sisal. On January 1,1886, manilla was 8 cents per pound, and sisal was from 3 15-18 to 4 cents. Although/ manilla bad not changed much during that year sisal had nearly doubled, and both materials bad climbed until they stood—manilla from 13% to 14 cents and sisal 10% to 11 cents per pound. The hard fact is that one portion of binder twiae material has nearly doubled and the other nearly trebled in cost during the last three years. A few long-headed men last year took the trouble to find out that the supply of manilla WEEKLY ALEKT. and sisal fiber would be short thin year, and acting on that information they bought up all they could get. They nlan bought up as much as possible of the twine left over from last year's har vest, which they have since held, and this has aided them te control the mar ket and demand a higher price in return lor their foresight and business sagacity. The question now is for the farmer: "What are you going to do about it?" The whole of our supply of manilla and sisal fiber is produced abroad, and there does not seem to be any prospect of that Supply largely increasing. There fore the price of this fiber may be ex pected to advance rather than decrease. But the remedy lies at our own doors, if we will only use it. There is flax straw enough going to waste in Dakota every year to bind every bushel of wheat grown here. It is true that it is now too late to do anything in time for this year's crop, bnt no time should be lost in making ar rangements to have Dakota grown twine on the market in time for next season's crop. Instead of paying out our money to the East Indies or Central America, let us keep it at home and utilize the raw material now going to waste in every county in Dakota. North Dakota needs a flax twine fac tory right away, and Jamestown is the place to locate it. The Day is at Hand. This is the day set for the meeting be tween Archbishop Ireland and Bishop Marty at which the present vicar iate of Dakota is to be divid ed into two Episcopal sees and the new bishop for North Dakota nominated. The arrangement of the de tails by which the present vicariate will develop into two fully organized and canonically erected dioceses will include the selection of the See city for the northern division. This is a matter in which every citizen of Jamestown is interested. A strong effort has been made to have Jamestown chosen and the result of the meeting will be awaited with general interest, jiiev. Father Cas sidy of this city, loft yesterday for St. Paul and expects to be present at the meeting. There is a possibility that the selection of the See city may not be made today. amestown has as much cause to hope that this city will be chosen as any of the cities that are candidates for the plum. Episcopal Easter Service. A very pleasant entertainment was provided at the Episcopal church on Sunday evening by the Sunday school scholars the account of which was receiv ed too late for publication in Monday's Alert. There was quite a fair number of persons present and the readings and recitations were rendered in good style. Altogether it was one of the best Easter festivals that has been given in this church since its organization. The service began with the beautiful hymn, "Onward, Christian Soldiers," fol lowed by the special Easter service for the Sunday school. The scholars then sang "He is Risen." The lesson of the day was read by Rosa Bassett and a reci tation "Easter Morning" was nicely ren dered by Hattie Bill. Katie Tilden read "The Walk to Emmaus" in good style followed by the hymn "Sing my soul his Wondrous love" by the congregation. The Superintendent George Brewitt, then gave a short and well considered Easter address to the scholars after which the Easter eggs and cards were distribut ed to the children, who seemed as de lighted in receiving these little gifts as the teachers were in giving them. After the singing of the closing hymn, "Jesus Christ is Risen" by the scholars they were dismissed with the benediction. Lfikes the Institution. Editorial correspondence Saturday's Pioneer Press: There is one public insti tution in North Dakota, or all Dakota for that matter, that offers a surprise to home visitors as well as strangers. It is the Jamestown insane asylum. Although the buildings, arranged upon the cottage plan, cost less than 8300,000, they look as if they might have cost a million. The equipment in every detail seems to be perfect and the discipline and order are simply above criticism. It looks as if the laet legislature figured too closely, but the Mellette board, that met at Jamestown this week, directed the su perintendent to cut down the pay roll to 81,080 a month, being within the appro priation allowed by the legislature for employes' salaries. If the asylum is suc cessfully managed upon that basis it will be a monthly saving of over $400. It is understood that the new board is unani mous in the matter of limiting expendi tures to what has been appropriated for each fund and in redeeming the institu tion from the charge of extravagance There will be no deficiencies to report to the next legislature. A Batch of Appointments. Commissions were issued yesterday by Gov. Mellette as follows: Superintendent of Public Instruction —Leonard A. Rose of Fargo. Assistant Superintendents of Pubhc Instruction—C. M. Young of Bon Hom me county Albert T. Free, Lawrence county. Adjutant General—James S. Huston of Spink county. Publio Examiners—South Dakota, H. E. Blanchard,of Davidson county North Dakota, John A. Percival of Ramsey county. Attorney General—Johnson Niekeus of Stutsman county. Trustees for the Penitentiarv of Da kota—Gus Uline, Sioux Falls: Roy Wil liams, Siohx Falls O. S. Pender, Hanson county B. S. Williams, Yankton Frank Ferguson, Lincoln county. Trustees for Dakota School for Deaf Mutes at Sioux Falls—John F. Norton, Minnehaha county Frank A. Dirkee, Miner county J. H. Patten, Miner coun ty Frank M. Steere, Clark county J. K. Colton, Minnehaha county. Dakota Will Get Some Herself. Aberdeen Republican: Hon. F. H. Hagerty, commissioner on immigration, has decided to send a lot of printed mat ter, describing tho attractions of Dakota, to Oklahoma, where there soon will be thousands of disappointed homeseekers, who may be introduced to turn their steps towards this better land. W. F. Elrod, of Clark, who has a host of friends and acquaintances in Aberdeen, has been appointed envoy extraordinary to the land of boomers, and will go some time in May, after the first excitement is over. Mr. Elrod is well qualified in every way for the mission and will make it pro ductive of good results. S. O. V. Encampment. The annual encampment of the Dak ota division of the Sons of Veterans will be held in this city commencing May 14, and continuing three days. A committee from the local camp is now at work arranging for the entertain ment of the visitors, who, it is expected, will be here to the number of loO. Last week a subscription paper was circulated among the merchants and enough monev was pledged to insure proper care of the visitors. It has been determined to give a ball one night and a banquet the next. An Interview Repudiated. Last week Col. W. E. Dodge, of Fargo, was in St. Paul, and in Saturday's Pion eer Press there appeared an alleged in terview with him, which has caused a stir in various quarters. In this inter view the colonel was made to criticize Gov. Mellette and say some rather "sassy" things about Dakota politics in general. Yesterday an Argus man found *,„. V' ?!*"•& "v Mr. Dodge, who made the following statement: The alleged sensational interview be tween the "Jamestown lawyer" and The Pioneer Press, reported in the Dakota edition, was a base fabrication from be ginning to end. The persons referred to are personal friends of mine, whom I have neither reason nor inclination to criticize, and I am sure that The Press will correet tho error in the next terri torial issue. TI:K KITOKIAJJ TIPS. In sinking the artesian well at Moor head they have discovered iron at a depth of 1,330 feet. The Lincoln county Farmers Alliance proposes to get back at the twine trust by not using any. They so resolved at their last meeting. Valley City Alliance: There is abso lutely no occupation but what danger lurks in and about it. Only a few days ago a Valley City lady bit her tongue so badly, it swelled so largely that she could hardly talk for two long days. What was the occupation? Ob! yes she was chewing gum. Sioux Falls Press: Word was receiv ed from Chicago that the Sioux Falls patent car coupler, which has been tried in the Illinois Central's yards, gave un qualified satisfaction. To leave no test untried, a train provided with these cou plers has been sent over the road, and as it pulled out of the yards the brake men who have witnessed the tests, cheer ed the train lustily. This appreciation by practical men is a good criterion as to the value of the invention. A factory for manufacture of the coupling in Sioux Falls is now practically assur ed. Stories of the big prairie fire in South Dakota are not yet all told. Alderman Smith of Minneapolis says: Those who witnessed the fire told me that the flames jumped four and five rods, so that an or dinary fire protection was of no avail. One man had a sick daughter in bed when he saw the fire coming, and his wife rushed into the barn to untie the horses while be ran to save the girl, and he had just carried her out on the plowed ground when the fire sprang upon his house, his wife barely escaping. The horses were burned. I saw where 400 sheep had been burned in a heap. Dr. Duncan, a well known Chicago scientist, says that Dakota is "destined to be a health resort. First, because of the pure water to be found everywhere second, because of the invigorating cli mate and cool nights in summer third, because of the dry, cool breezes during the day and evening, fourth, because of the absence of low marshes and other malaria creating substances. The learn ed doctor closed a valuable discourse on the health and climate of Dakota with this sentence: "Dakota can invite the dyspeptic, hollow-chested young men from the east and expand and develop them into vigorous manhood." The special committee of the Minne sota legislature to investigate the binding twine trust reported that it found the trust to exist that 1,560,000 pounds of twine had been left over from last year's business at Minneapolis and that all of it had been purchased by a firm at Eliza beth, N. J. It was purchased by this 6rm in December last at from 12% to 12^ cts. per pound, the total outlay being about 8200,000 that importers and manufact urers of twine and farming machinery have taken advantage of the alleged shortage in materials of which twine is made and propose to raise the price to such an extent as to impose a great bur den upon the farmers. The committe recommended that the state provide for the manfacture of twine at Stillwater prison. Advertised betters. List of uncalled for letters in the post office at Jamestown. Dakota, for the week ending April 22,1889. LADIES. Becker, Lena Green, Mrs Sarah Siefke, Miss S Smith, Kittie Tresdell, Carne Walton. Lizzie E Armstrong, Mrs Mollie Gunderson, Mies Gurnie. GENTIjF.MEX. Bennett, Burd. Charles (Jummings, George Chiids. Albert Hevenor, Jno Ilildretb. Holbrook. A Kirtz. John Kemp, Lebo, W Miller, W Mosby. A Merrill. Charles A Piatt, .Tames Read, Williaui Ross, .Tames Ross, Benjamin Skroeh, John Stauffer. Isaac Shefler. George Tory, Wyk. W W Wood, E Wendtland, Charley. If not called for within 30 days, will be sent to the dead letter office. In cal ling for these letters, please say adver tised and give date. A. KLAUS, P. M. Warner's Log Cabin Remedies—old fashioned, sins pi® compounds, used in the days of our hardy forefathers, are "old timers*' but "old reliable." They comprise a Warner's Log Cabin Sarsaparilla. 'Hops and Buchu Remedy." "Cough and Consumption Remedy,* "Hair Tonic," "Extract," for External and Internal Use, "Plasters," "Rose Cream," for Ca tarrh, and "Liver Pills." They are put up by H. H. Warner fe Co., proprietors of Warner's Safe Remedies, and premise to equal the standard value of those groat preparations. All druggists keep them.