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I '•m ~*¥m I A. 'M J? THE CASE PLAINLY STATED. How a Little Business Prudence Will Work Wonders for Farmers. Tliey Can Make Enough to Build Grauaries by Holding Their Wheat. Some Interesting Agricultural Statistics Taken From the Assessors Returns. Farmers Should Build Granaries. The press of North Dakota can serve the interests of their readers in no better way than by giving publication to saeh timely and excellent communications as the following from Hon. F. G. Barlow, taken from the Foster County Indepen dent: Mr. Editor:—It looks at this date as if the farmers of iorth Dakota would soon be harvesting a big crop, as big probably as they ever raised, judging from what I see at home and hear from all parts of the state and once secured, the question how to handle his graic with the greatest advantage to himself arises with the farmer. The object of this letter is to urge upon our farmers the importance of building granaries at home or clubbing with their neighbors if necessary to build some kind of granary storehouse at a station or elsewhere, anything, any where, that will enable them to control their own product in so far at least as to save them from the necessity of sacrific ing a part of their crop because they have no place to keep it. Every fall as soon as the grain is ready to market the railroads shape matters in this part of the state at least, in such a way through their alleged inability, to furnish cars for the farmers to load on their own account that they are forced to sell to the eleva tors, and that state of affairs continues until the elevators have been enabled, thereby, to secure the bulk of the crop, though it is somewhat difficult to see where the railroads gain by such a pro ceduie, as it is not probable that they get any greater rate of freight from an elevator company than from a farmer. No doubt the plea of a shortage on cars is partly true, as the roads are not pre pared, and should not be required to furnish cars to carry all the grain to mar ket in three months or so and be forced to let them stand idle the rest of the year, but the farmers have good reason to believe that the difficulty is aggravat ed in the interests of the elevators, the big companies at least, especially when it is seen that they have but little ap parent difficulty in getting cars when they need them, while a farmer gets a de lusive promise or a bluff only too often. But really it is of but little use to com plain about the railroad and elevator companies because they play into each others bands, somebody making money by the process, as they will continue to do so, despite nurses or tears, as long as they are allowed to by the un thrifty ways of the farmers them selves. The farmer must assert himself and take a position that will enable him to control his product until they reach the best market open to him, and the only way to do that is to make himself independent of the local buyers, shipping his grain where and when he pleases from his own store house. Be can not pile it in the field and hold it safely so the buyer gets it. There are two advantages in such a course, his product is not thrown upon a glutted market helping to intensify the glut and a consequent lowering of prices, and he makes the middleuians profit for his own pockets, not to men tion the matter of grades which are likely to be more satisfactory in Minnesota than at the home elevator. I have no fault to find with our local buyers, as it is only natural that they should seek to please their employers, and they can only do so by making money for them. How many farmers will say that they are not able to build granaries—"granaries cost money"—and yet the same men are able to lose fifty dollars on every thou sand bushels of wheat they sell, appar ently thus throwing away more than money enough to build a fair Btore room to hold 1000 bushels and they continue to do so year after year. The man who owns a car load of wheat can, under ordinary circumstances, save enough by storing it at bajne until he can ship it himself, to build a granary to put it in that will last him for ten years to come. I know that there are other reasons beside lack of Btore rooms which compels the farmer to sell his grain as soon as threshed—the chattel mortgage crowd perhaps—but the fact remains that many sell vvhd are not obliged to, and if that class would bold, as a general rule, it would have a tendency to help their less fortunate neighbors, as well as themselves, to better shipping facilities ana prices. Yonrs tru'.y. F. G. BARLOW. Usury Law Constitutional. A very important decision was handed down Wednesday by the supreme court, being a legal construction of the famous usury law of 1890. The action was com menced before Judge Templeton in Grand Forks by the Vermont Loan and Trust company vs. H. L. Whithed, It was brought to recover from Whithed judgment on a promissory note end the statement of the case on the trial showed that on July 1, 1890, Whithed executed and delivered to the company a note for 8575, due in five years, and bearing in terest at the rate of 7 pei cent. At the time of the execution of the obligation Whithed received $500, and no more. By agreement of the parties the remaining MvV •j" ni 975 was retained by the loau firm as a compensation or fee for making the loan. The point in coutroversy was whether the transaction comes within the saving clause of the statute, which provides that a fee may be retained if the interest and fee together does not exceed 12 per cent per annum. The compensation and in terest at the rate of 7 per cent for the time of the note—five years—does not exceed 12 per cent and hence the validi ty of the note is claimed. The court holds that, as it exceeds the sum of 12 per cent for the first year, it is void. The defendant also claimed that the statute was void by reasou of making an excep tion in its operation in favor of building and loan associations. This point is over ruled by the court. The decision of Judge Templeton was against the law, but by decree of the supreme court this is reversed and the action is dismissed. The practical effect of the law will be to do away with the fee business in making loans, which runs up the rate of interest paid the first year. The following is the syllabus: 1. Sestion 4 of chapter 184, laws of 1890, provides that in all loan transac tions the written contract shall correctly state the amount received by the bor rower, and the rate of interest to be paid, and a failure so to do renders the con tract usurious and void, except as other wise in the chapter provided. Section 7 provides that a loan broker or other per son may receive a compensation for pro curing a loan when such compensation and the interest stated in the contract, together do not exceed 12 per cent per annum in the aggregate. In a transac tion where no middleman was employed a note was given for 8575, due in tive years with 7 per cent interest. The bor rower received 8509, and no more, $15 being, by agreement, retained for mak ing the loan, and the amount so retained added to the 7 per cent stated in the note did not exceed 12 per cent on S500 for five years. Held, that if the transac tion was usurious under section 4 it was not saved by the provisions of section 7. 2. A public law of universal interest to the people of the state and embracing all the citizens of the state, or all of a certain class, or certain classes of citizens and not limited to any particular locality, is a general and not a special law, as the term is used in the constitutional mhibi against special legislation. 3. A statute that grants no privileges or immunities except such as would ap ply to all citizens under the circumstan ces and conditions expressed in the stat ute, does not violate the constitutional provisions againt granting special privi leges and immunities. 4. The constitutional requirement that all laws i.t a general nature shall have a uniform operation is satisfied if the benefits and burdens of such law fall equally upon all members of the class or classes upon which it does operate. 5. The legislature h»s the right to classify persons or subjects for the pur popes of legislation. Such classification must not be arbitrary, but must be based upon such differences in situation, con dition and pumoses between the person and things included in the class and those excluded therefrom, as fairJy and naturally suggest the propriety of and necessity for different or exclusive legis lation in the line of the statute in which the classification appears. 6. The dealings of building and loan associations with their own stockholders differ from ordinary loan transactions to such an extent as to warrant the legisla ture in excepting such associations as to such dealings from the operation of the provisions of the general usury law. 7. In construing a particular section of a statute it is the duty of the court to ascertain the intent of the legislature and for that purpose it should consider the entire statute and its general subject matter, as well as all other statutes in pari materia, and where the court is sat isfied that adherence to the strict letter of the law would defeat the object and intent of the legislature it is the duty of the court to regard the intent even where to do so, it is compelled to restrain the application of the letter. Stutsman County Statistics. Assessor John Severn of the Second district furnishes the following interest ing county statistics, which were gather ed by the district assessors in their as sessing rounds, in accordance with a new law. The wheat acreage last year was 52,807 acres the yield 450,443. This would only make an average of about 9 bushels per acre. The yield averaged better than that, however, and would so appear were not several thousand acres that were hailed out inoluded in the acreage. ThiB year the wheat acreage is 57,407, a slight increase over last year. The oats acreage last year was 10,856 acres and the jinld 189,669, or 18 bushels per acre. This year there are 11,538 acres planted to this crop. Six hundred acres of potatoes were planted and 43,193 bushels were raised. The product of hay was as follows: Tame 176 tons prairie, 19,989 millet. 4,044. The amount of butter made by farmers was 161,497 pounds, and the wool clip was 38,371 pounds, of which 28,800 pounds came from the Second district. In the First commissioner district the wheat acreage was 16,567 and the 110,783 bushels. The Second, 15,795 acres and 131,824 bushels the Third, 20,455 acres and 207,836 bush els. It will thus be seen that in the First and Second districts, where the hail struck, the yield was much less than in the Third district. The assessors also made an enumeration of population. Their returns show a population by com missioner districts as follows: First, 1512 Second, 1427 Third, 1565. The total is about 800 less than the census gave us. ThiB discrepancy is probably due to the fact that the census enumer were the more thorough in their work. Wwpuff!' 'A THEY WANT OUR WOOL A St. Louis Commission Alan Gathers up 35,000 Pounds in Jamestown. Shipments Already Made Front Here Aggregate Over 100,000 Pounds. A Correspondent Discusses Sev eral Phases ot the Farmers Alliance Movement. A Biff Wool Purchase. S. Williams, representing the Funsten commission company of St. Louis, Mis souri, has been in the city for several days. During that time he has made some very large wool purchases. He bought what remains of the Lloyd & Hamilton wool, about 25,000 pounds, and the clip of the Milsted, Alexander, Wil liams and various other flocks. His pur chases aggregate 35,000 pounds. The price paid ranged from 14 to 16 cents per pound, according to the quality of the lots. Mr. Williams expects to remain here several days and then proceed to Edgeley, where they have a wool market. From there he will go to Montana,where, although well along in the season, he expects to find considerable wool. The Jamestown shipment, Mr. Williams says, is the largest single shipment his house, which handles 2,000,00J pounds a year, has had this year. It is probably the largest single shipment ever made from the state. Mr. Williams says St. Louis is rapidly coming to the front us a wool market and that his and other firms are reaching out for more territory. This is his first visit to North Dakota, but hereafter be in tends to try for the trade of the north west. The condition of the wool market, he says, is about as uncertain now as one year ago. Since the opening of the wool seeson in April the price of wool has dropped 2% cents. He looks for an ad vance this fall, however, i* the big crop prospects are realized, as that will have a stimulating effect on all classes of trade. Mr. Williams had read the report of the Edgeley man who cut a fleece in twp, shipped one-half from Dakota to a Chi cago wool man and sent the other half to Wisconsin to be shipped from there to the same man—and was offered 7 cents a pound more for the half he shipped from Wisconsin. He discredited the story—although as a resident of St. Louis he was ready to believe most any thing of Chicago—but said that if "it really did occur the men who made the quotations were inexperienced and did not know their business." Wool," says Mr. Williams, '*is bought on its merits" The fact that Dakota wool is classed as terri torial does not operate to the disadvant age of the Dakota sheep raiser. A good quality of wool from Dakota will bring as much in the market as the same qual ity of other wool. What determines, in a large measure, the price of wool is the shrinkage. Your North Dakota winds blow your Bheep full of your black dirt and your wool is less valuable than that of Ohio or Wisconsin, because of its greater shrinkage. The shrinkage in preparing your wool for the looms is over 60 per cent. It is a line grade of wool when scoured." Exclusive of the purchase of Mr. Wil liams, over 103,000 poundn of wool have already been shipped from this place. Among the large shippers have been Kirk, Allen & Hathorn with 40,000 pounds, Lloyd & Hamilton 30,000 and Frank Jandell 15,000. A Power for Good. An Alert correspondent takes ocoasion to present several phases of the alliance political movement throughout the coun try in the following clear and forcible manner. The various farmers movements seen in every state, Bhow that the agri cultural toilers are certainly agitating a change in laws affecting their interests, and that they are almo3t certain to bring about many changes of benefit rather than disaster, is haidly to be doubted. The various movements, conventions and discussions in the press and in the school houses of the countrv, can not but result in abetter understanding of the rights of the agricultural laborer and other classes of people. The correspondent says: What is to be the outcome of the present movement of the farmers and toilers of this country? This question is prominent before the people of this nation, and it is not the least of the many questions being agitated by our people at the present time. That in the united eforts of the toilers for a greater reform in the management of our nation al affairs they have discarded the third, or prohibition party, was demonstrated both at the national council at Ocala, Fla., by refusing to endorse prohibition, or make it apart of their reform move ment, and at Cincinnati, by refusing to give it a place in the platform, or declar ation ot purposes. We predict therefore that the third, or prohibition party, will remain in the field as a distinct and inde pendent party. It is a mattter of no little moment among the farmers of the country, as to whether or not the alliance is drifting into one or the other of the old parties, or whether the Cincinnati convention will result in a full fledged fourth inde pendent political party. The far sighted leaders of the Farmers' alliance and In dustrial union, appear to take in the VOL XIV JAMESTOWN, NORTH DAKOTA* THURSDAY JULY 23 1891 NO 51 1 "T? f\ ""V situation. Indeed it must be apparent to all thinking alliance men of both north and south, that such a division of voters of the nation as a fourth party will make, can only result in the success of one of the old parties. The farmers are not united in the movement, born of the Cincinnati convention. Indeed the farmers of the south are more closely united against it than the farmers in the north are united for it. While we would not make the sweep ing charge that there are designing men in the farmers movement—men bent on carrying the alliance into one of the old parties, yet we cannot refrain from say ing, that to the average citizen there does appear in Bight, a disposition to lean Btrongly toward toward the democratic party. The Alliance state organ for North Dakota, is partly a democratic paper, and is issued out of a democratic office. This, however, may be partly on account of superior facilities in and arourd the office. It is currently reported that an effort is being made for a union ot the alliance and democracy in the state of Kansas. In the state of Texas—the state that gave birth to and has become the strong hold of the Farmers alliance—there is to day a division in the ranks that must seriously retard the work of the order. A convention of the members of the alliance who have repudiated a portion of the Ocala platform was held July 11th at Fort Worth. This convention called a national convention to be composed of brother uih.uice men of the United States to meet in St. Louis, September 15,1891. This doubtless is in opposition to the plan of the Cincinnati convention. The alliance in the Btate of Missouri is overwhelmingly democratic—and will work in and with the democracy. This is doubtless true of the alliance of every southern state. In their tour of the south, President Polk and Congressman Livingston of Georgia, expounded the plan and principles of the order in detail. At a large alliance gathering at Carroll ton, Georgia, on June 24th, Col. Living ston is reported by a southern paper to have made a bold and manly defense of democratic principles, and to have said that every plank in the Ocala platform is pure democratic doctrine. President Polk and Col. Livingston are good authority on all matters pertaining to the alliance, than whom none stand higher among alliance men. The outcome of the great reform movement of the farmers can be only what they make it. Either a power for good in the land or else a power to ele vate designing men into lucrative gov ernmental positions. The Agricultural College. President Stockbridge of the North Dakota agricultural college, and Pro fessor Ladd of the same institution spent the day in Jamestown. They were piloted around the various points of in terest by Capt. Wade, and driven to the latters stock farm. President Stockbridge is anticipating a year of great progress in the institution at Fargo. Th9 summer vacation is be ing utilized by the faculty in gathering information relative to the state's flora, and to the almost un limited and unknown agricultural re sources. There are at present five bota nists in the field gathering specimens which are being preserved for the future. "The college building has practically been turned into a herbarium" said the professor. "We receive thousands of specimens of curious and interesting plants. The express brings us daily something from the men in the field. All parts of the state are being visited and examined. It is a diffi cult matter to preservo entire the color of the flowers we press, but much time and effort is being made to do so as completely as possible.I think the prepared specimens found in gift books, iu which the colors are perfectly natural and life-like have been touched up by hand. The extrac tion of the juice of the plant tends to de stroy the clear colors. There is a good deal of work to be done in this region which is comparatively new aud yet full of interest to botanists and scientists. Their investigations can not but be of benefit to the people a practical way." County Business Matters. There has been little business in equal ization of taxes by the county commis sioners. There were a few kicks made but none that showed any great injustice done by the assessors. The levy for the road and bridge fund remains the same as last year the levy foi the county fund is the same, but that of the sinking fund has been raised §4,500 over last year. Treasurer Flint has paid out about §15,000 to the school townships and for various expenses, sinco July 1. He still has plenty of funds on hand to meet all demands on him. The commissioners are expecting to get bids before long for the purchase of election booths required by the Austral ian law. There are two firms making a specialty of manufacturing booths and the agent of one is expected here soon. The latest and apparently the best booth is said to bo made of sheet iron and can be folded aud put away without much trouble. The re-distncting o£ the county into large and inconvenient voting pre cincts is found not to be necessary. There will probably be few changes made, in this respect, although there is a desire on the part of a number of resi dents of the First ward to divide that precinct. A part of this precinct extends to within a short distance of Ypsilanti. It is proposed to establish a new voting place at the Dewey school house, to save the distance a large number of farmers have to travel in order to vote in that precinct. Whether the commissioners will do this or not is undetermined. Boiler and engine repairing done by J. T. Eager. •i. 1 WEEKLY ALERT. COWAN'S FIXTURES CUT UP Vengeance of Prohibition sits Wreaked on the Inoffensive Bar Boom Fixtures. As by Law Provided, Sheriff Schmitz Destroys two Wagon Loads ot Property. Jamestown Capitalists are Seri ously Considering an Opera House Project. Prohibition Vandalism. The thirty days allowed W. M. Cowan to file his answer in the proceedings against him for violation of the prohi bition law having expired Tuesday, States Attorney Gonklin went before Judge Rose and secured a decree of judgment, ordering the destruction of the bar, liquors, and bottles and barrells containing the same, gambling tables, screens, signs, chairs, corkscrews, etc., etc., found in the building when the seizure was made. Accordingly Sheriff Schmitz carted off two wagon loads of the contents of the place Wednesday. They were taken back of Mayor Fuller's barn near the river and there cut up and destroyed. Cowan's place has been in the sheriff's charge for a month and the destruction of the furniture and contents of the place, which had been conducted as a saloon, is in accordance with the provisions of the prohibition law. There were only a few bottles of liquor and cor dials found on the premises and all of them were broken by the sheriff and the ground irrigated with the contents. The property destroyed is valued at 8200 or $300. Among the contents of the build ing was an iron safe, which escaped de struction. The billiard table in the ad joining billiard room also escaped. North Dakota Wants the Editors, Too Several enterprising North Dakotans are Crying to induce the editors in St. Paul to take a trip into this state and see the greatest wheat field vision on earth. John Dwight of the Dwight farm, Senator Hansbrouah, General Passenger Agents Fee and Whitney and others, have been trying to get the edi tors on a special train to convey them to Wahpeton, Fargo, Grand Forks or any other point where they could be enter tained The value of a personal inspec tion of North Dakota's condition, right now, by editors of newspapers in every state in the Union, could hardly be esti mated. There is no question but what many of the visitors, especially the south ern delegates. have a poor opinion of this region and let no opportunity escape of ventilating it. One visit to the state, and a few prayer meeting exercises in the wheat fields tomorrow—Sunday— would have a great tendency to correct many wrong impressions. There are so many different excursions and pleasure plans laid for the visiting newspaper men by the Twin city entertainers, ana by West Superior and Duluth parties, that it is doubtful if the North Dakota visit can be secured, but active efforts are being made to get it, just the same. A New Opera House a Probability. There is a strong probability that Jamestown theatre eoers will be wit nessing plays in a new theatre before snow flies. Plans for such a structure have been secured and Saturday an Alert reporter was privileged to inspect them. The plans call for a block 50x140, with two store rooms 50 feet deep in front, the space of 50x90 in the rear be ing devoted to the opera house. Between the two store rooms is a wide passage way which leads to the box office and entrance of the theatre. The plans call for commodious stage, dressing rooms, gallaries and private boxes. There is to be arising floor for the better accom modation of the audience. The seating capacity is to be 640. The gentlemen for whom the plans were drawn have been considering the matter of erecting an opera house for some months. They have not yet fully determined what to do and therefore do not desire publicity at the present. The gentlemen are resi dents of Jamestown and have an abun dance of capital, so that the opera house is a certainty if they decide that it can be made a paying investment. If the opera house plan is decided against, a block of stores will be erected. Look out for Prairie Fires. If people do not take early precautions there will be serious losses from prairie fires this fall. Every farmer must know that no such grass has grown on the prairie for five or six years as there is now. The fires of tho last two or three seasons have been of slight consequence, because of the growth of grass, but this fall it will be very different. In tbe hurry of harvest and threshing everyone is liable to forgot or put off protecting his property. Plowing breaks ought to begin as early as August first, and burn ing between furrows should be done as an extra safeguard. Fires will jump a long distance and heat will be great owing to the large amount of material which will feed the flames this year. If care is not taken the result of a whole year's work and waiting is liable to be lost in a few moments. Farmers and neichbors everywhere ought to combine to prevent the starting of a general fire in any locality. The advantages of keep mg the grass on the prairies are so many that it iB unnecessary to enumerate them If farmers would protect tbe grass for live years they could mow hay on the uplands, and get a better quality than is now obtained in sloughs. The Russian Cactus. i. Henry Mulberger, of Watertown, Wis., a gentleman who has large investment* here, has interested tbe national depart* ment of agriculture in tbe Russian cactus of which mention has frequently been made by The Alert and which is found quite numerously in La Moure county. The LaMoure Chronicle says in this connection: Mr. Mulberger, wrote to the department of agriculture about the cactus. The reply received by him said that his letter had been sub mitted to Ass't Sec. Wilhts, who ordered the Botanical department to take hold of the matter. They are not familar with tbe pest, and for the purposes of study seat Mr. Mulberger "franks" for transit of specimen. Mr. M. sent tbeee franks to Air. Powers. He has given them to C. W. Davis, who will, as soon, as he can get a good specimen, forward it to the department. A thorough analysis of the weed, and the beBt way to treat it, may be expected as a result of Mr. Mul berger's interest. Free Scholarship. At a meeting of the board of directors of the North Dakota Agricultural college, held July 2, it was voted that a scholar ship entitling its holder to free room-rent in the North Dakota Agricultural college be placed at the disposal of the board of county commissioners fcr each organized county of the state. Tuition is free to all citizens of the state. The scholarship therefore, entitles its possessor to a free collegiate education in this institution for one year, with the exception of trav eling expenses and such incidentals as board, fuel and washing. Tbis offer pre sents an opportunity for some deserving Stutsman county lad. Further particu lars can be learned upon applicption to the county commissioners or by writing the North Dakota Agricultural College, Fargo. Advertised Letters. List of uncalled for letters in the post office at Jamestown, North Dakota, for the week ending July.20,1891: LADIES. Brown, Mrs. Henry Huttam, Nellie Broughton, Mrs Merriam, Mande Devor Miss Carrie Paulhamus, Carrie GENTLEMEN. Anderson, A Grig, John Baker, Hudson W. Lande, Frank Barnes, N Malone, W Boman, Paul, W W Carrington, Mr Reed, W Durand, Weeves, Frans If not called for within 14 days, will be sent to the dead letter office. In call ing for these letters, please say adver tised, and give date of this list. «fiir 1 1 •.' 4 1 ft 4^ C. P. SMITH,P. M. They Like the Weekly. Every day brings an increase in the Weekly Alert's subscription lists. The circulation of the paper is steadily growing. Old readers continue to take the paper and new ones are finding out that it pays to do so. It is worth the price to any person interested in the state in any way. The Alert is read with as much interest by people out side of the state as those here. As a complete recorder of events, and a loyal newspaper advocate, many have declared tbe paper to be unsurpassed by any journal in the state, and The Alert is naturally grati fied at being able to record tbis item along with its hundreds of others. Their First Statement. The first statement of the Lloyds National bank is published elsewhere, and for the short time since organization makes an excellent showing. Cashier James Lloyd says that the next state ment will undoubtedly show a much heavier volume of business. The de posits at this season of the year are lighter than usual in all banks but the Lloyds show a total of about $146,000. ADDITIONAL) LOuAIJ. Headquarters for machine oil. Strong & Chase. Will Fletcher returned from "Valley City last evening where he has been em ployed by the North Dakota Elevator company. There are four elevators at Valley City, one of which alone received over a million bushels of wheat last year. This was the North Dakota elevator. What the others received is not stated, but this speaks well for Valley City. Henry E. Bowen of New York, a gen tleman representing one of the standard proprietary remedies of tbe world, was looking up business in Jamestown today. Mr. Bowen is impressed with the great prospects before the state and predicts an awakening of favorable interest in eastern states when the results of the present crop year are made jjenerallv known. The reports of the hail storm at Oriska Monday afternoon have not been exag gerated. The grain between Tower City and Oriska. in the track of the storm, is said to have been cut down within two inches of the ground, as if it had been mowed. The hail pounded the heads and stalks into the ground clear out of sight. An Oriska dispatch says, "hail fell two inches deep and as large as butternuts. Three thousand acres are probably de stroyed. The buildings today show" the hail marks and the windows in almost every house are broken." At Inketer, Grand Forks county, on the 15th hail did §20,000 damage to crops. a 11 1 UMi Mm i?