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Jamestown weekly alert. [volume] (Jamestown, Stutsman County, D.T. [N.D.]) 1882-1925, January 09, 1896, Image 1

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Before Action Was Taken
Supt. Archibald Recalled
His Resignation.
Resolution Calling for Resig
nation of Asylum Employes.
Finances All Right.
No Attempt to Investigate
Morals of Institution.—Sub­
poenas Recalled.
Jamestown Merchants Asked
to Testify as to the
Contracts etc.
Another unlooked for turn developed
«t the meeting of tbe hospital boatd
yesterday afternoon. It was ID regard
to tbe resignation of Snpt. Archibald,
handed in at tbe last meeting. Before
the board met to act officially on fats
resignation they were notified that it
had been withdrawn. Dr. Archibald
states he had reconsidered tbe matter
and in order to get an opportunity to
Tetnove the unfavorable impression that
has gained currenoy concerning the con­
duct of the superintendent and certain
'employes he recalled his resignation by
filing such withdrawal with the secretary
of the board. At tbe last meeting the
board bad not acted on his resignation
and by the withdrawal of it yesterday
no action was taken at all by tbe board
on tbe superintendent's resignation.
Tbe terms of the resignation read to
take effect at Marcb 28th or as soon
thereafter as b» successor was elected.
The official term for which the superin­
tendent was elected expires Marcb 12th,
next, so tbe resignation was to take
effect 16 days after the term of office
would have expired.
By the votes of Messrs. Montague,
Mitchell and Johnson the board passed
a resolutiou requesting that Dr. Archi­
bald obtain tbe resignations of Dr.
Anderson, assistant superintendent Mr.
and Mrs. Buddy and Miss Kennedy,
employes who are appointed and
disoharged by tbe superinten­
dent and bold their positions
at his pleasure The board desired to
know at ooce if these resignations would
be tendered as they desired, 'but could
not get tbe information yesterday. A
resolution was also passed by tbe same
votes reciting that they bad no authority
to act on the superintendent's resignation
until the annual election of officers. Tbe
board then left the matter stand, and
after auditing a number of bills ad­
journed until Feb. 18tb.
It was a lively day at tbe hospital, for
the investigation of the financial manage­
ment of the asylum was going on under
the direction of the public examiner with
which the board meeting had nothing to
do officially. The investigation was held
in a fair manner by tbe examiner who
tried to find anything wrong in the
finnnnna but the witnesses subpeoned
did not know anything of that nature.
Noibtntf whatever was attempted in the
investigation of morals.
Saturdays Daily.
The pending asylum investigation to
•occur Tuesday next has been tbe source
of a great deal of comment in local and
-social circles. Ladies who were ram'
owned, among other persons, to give evi­
dence on the financial condition and
affairs of tbe institution were wondering
why they were asked to do so, as from
the nature of things they knew nothing
about tbe hospital's financial manage­
ment. Tbe faot tbat they were not re­
quired by law to testify in this instance
in tbe other affairs of the asylum, has
become pretty generally known. It was
a matter not yet determined with many
what course they should pursue.
Would they answer all questions or re­
fuse to answer any except as to the
finances? Some even expressed a doubt
as to tbe ngbt to compel tbetn to attend
at all.
The city has been considerably stirred
up over the affair and tbe social, as well
as business, circles have had new mater­
ial in the way of enlivening and inter
eating conversation for 'Several days.
^11 this now has been brushed aside by
the receipt, on tbe part of many, if not
all, of those so summoned the following
notification obtained through the post
office today, signed by President McOin
nis of the board of trustees:
"I am direoted by Mr. Corbet, attor­
ney for H. A. Langlie, state examiner,
to notify you that you will not be re­
quired to obey the subptwna command­
ing you to appear and testify before him
IU regard to the affairs of the North
Dakota Hospital for the Insaue, on the
7th day of January, 1896."
This unexpected turn in tbe affairs of
the institution was complete surprise
jk those interested and especially to
those so summoned.
There is little doubt but what all who
were subpoenaed were prepared to be
State Examiner Langlie came in to­
day from tbe east. He registered at the
asylum and repaired shortly afterwards
to the hospital where he expects to re*
main until after the meeting of the board.
Until after his arrival Mr. Langlie was
not informeu of the change in the pro­
ceedings by which those wbo had been
summoned were notilled that they need
not appear. He said that Attorney
Corbet of Grand Forks had not been
employed by bim in the case and that he
knew nothing of tbe notices to witnesses
not to appear. He alBo said that as far
as his investigation went it would be
confined to the financial management of
the hospital as he bad no power to act
in any other capacity.
Subpoenas were served upon H. N.
Middleton, E. D. Strong, O. Churchill,
Frank Taylor and Geo. Lutz yesterday.
It is presumed that these are all wanted
to give their testimony in the financial
investigation as the notices to witnesses
previously subpoenaed not to appear
Jan. 7th, were sent to all except those
wbo were wanted to testify in regard to
the financial part of the investigation.
It is not known why the investigation
of tbe affairs not financial has been so
suddenly called to bait, without it is
the better understanding that the law
gave the board insufficient authority to
ac) dn the matter.
From Tuesday's Daily.
The meeting of tbe board of trustees
at tbe hospital which has aroused so
much interest and comment throughout
this city and the state, began Tuesday
at 11 o'clock a. m. All members of the
board were present and a number of
others as witnesses from abroad.
The board consists of trustees S. K.
McGinnis, F. B. Fancher, and H. Corn­
wall, all of Stutsman county. H. John­
son, of LaMoure oounty J. W. Mitchell,
of Cass county and Alex. Montague, of
Stark county. Capt. McGinnis is presi­
dent of the board, and H. Cornwall,
At the last meeting of the -board tbe
incidents which have led to tbe proposed
investigations occurred, Dr. Archibald
gave in his resignation a superintendent,
and Capt. MeGinnis as trustee. The
former was not acted upon by the board,
and Governor Allin. wbo was present
and others, induced Trustee McGinnis
to with draw his resignation, which was
done pending tbe investigation the
superintendent desired, and for which
snbpeonaa wsra soon after issed to wit­
ness. These summons included a large
number of ladies of Jamestown and
prominent citizens, and the case prom­
ised to develope into a racy af not sensa­
tional public investigation. Owing to«
sudden change in the program most of
the parties summoned were notified,
Jan. 3rd tbat they need not appear
Several of the witnesses however came
in today from abroad to be present if
The dropping of tbe investigation of
certain other affairs of the hospital out­
side of the financial has greatly dimin­
ished public cusiosity and interest in the
meeting of tbeboard. The investiga­
tion by the public examiner of the
finances will be made, however, and sev­
eral witnesses have been summoned to
appear for this purpose. As there have
been no rumors of anything wrong in
this line it is not expected tbat much
will be developed of importance, as tbe
examiner has reoently made an examina­
tion of the institution and found every­
thing in the fiscal affairs all right. The
reported charges of irrgulrrities in con­
nection with tbe purchase of goods for
employes out of tbe state funds have
nothing in tbem, au far as can be
Among those who are present to tes­
tify are Ex-Gov. Shortridge, who was
summoned by Public Examiner Langlie,
and not by the board, Rev. Whitelaw, of
Cummings, and Jos. Hicks, of Sanborn.
Attorney Burke Corbet, who was em­
ployed in the case, did not arrive today,
and it is said will not act in the case at
all as it was reported be wonld do.
There was little of special interest
transacted by the board Tuesday. 'They
met and read tbe minutes of the last
meeting and adjourned until tomorrow,
in order to give Public Examiner Lang­
lie opportunity to proceed with the in­
vestigation nf the financial affairs of the
hospital. There were a number of wit­
nesses examined. Among tbem S. K.
MoGinnis, E. D. Strong, H. N. Middle
ton, O. L. Churchill and Geo. Lutz.
They were asKed as to the letting of
contracts for supplies for the hospital
aud if they knew of any corruption or
mismanagement in the fiscal affairs of
the institution and it was stated that no
such knowledge was iu their possession.
From Wednesday's Dally.
There was little of special interest oc­
curring at the hospital investigation to­
day. The same snbject as yesterday,—
the finances and the letting of contracts
for supplies—was taken up again this
morning by Publio Examiner Langlie
and the scope of bis questions, which en­
deavored to obtain what knowledge tbe
witness had on tbe subject was about tbe
same as asked at yesterday's examina­
tions. Nothing detrimental to the fiscal
conduct of the hospital has been learned
so far all the testimony was tbat as far as
tbe witnesses knew the supplies had
been bought at fair prices, which were
low in faot, and that no extravagance
had come to their knowledge.
Hon. Jno. Paulson of Hillsboro, a
former trustee, was examined yesterday
afternoon and testified that tbe hospital
had been run very well 'as far as he
knew, that the goods purchased were
reasonable in price and fairly good
Ex-Gov. Shortridge said as far as he
could learn tbat there had been no ex
travagance in tbe purchase of goods or
otherwise under bis administration that
the appropriations had been soaled
down and in his view there could be
little money improperly or wastefully
expended on that account.
This afternoon the board has been in
session on the regular business before
it, and the further examination of mit
nesses in tbe investigation was adjourn­
ed until the board's session had been
The investigation of the financial
affairs of the hospital was begun yester
dav afternoon in the office of the superin
tendent and was conducted by State
Examiner Langlie, assisted by Trustee
McGinnis. It was at first desired to
take the testimony br stenography but
as it was the wish of the examiner to
have each witness sign his tesimony as
he left the stand. Miss Kennedy,. th9
hospital stenographer, accordingly took
the proceedings with typewriter to re­
duce the statements of witnesses to
writing. This WHS not very expeditious
but answered all requirements.
The line of examination conducted by
the examiner can best be illustrated by
the testimony of one of the witnesses,
the testimony of all being of a somewhat
similar character varying only as regards
the individual contracts. Take the case
of George Lutz, ut one time a coal con
He was asked by tbe exaniner
Other replies to this question were of
a similar character according to tbe ao
quaintence of the witness with the insti­
Those who gave evidence before the
examiner were Trustee McGinnis, the
president of the board E. D. Strong,
contractor for dry goods H.N. Middle
ton, Mr. Strong's chief clerk O. L.
Curchill, grocery contractor Geo. Lutz,
fuel contractor a year ago F. A. Taylor,
coal and lumber contractor M. L. Park­
er, clothing contractor L. H. Weil,
boots and shoes contractor John E.
Paulson, of Hillsboro, a former member
of the board for four years, the appoin­
tee of Gov. Burke.
Attorney E. W. Camp of Fargo was
among those subpoened to appear be­
the examiner but did not appear,
Mr. Camp refusing to attend to testify
for several reasons. He claims the ex­
aminer has no authority to summon him
to attend here as Mr. Camp is a non­
resident be is not acquainted with the
financial management of the institution
and he doubts tbe authority of tbe ex­
aminer te compel attendance in his caae.
A Happy Kvcnt.
A happy event was witnessed Tues­
day in New Rockford being the marriage
of Hon. Horace Clark, one of the best
known citizens of Eddy county and a
member of the constitutional convention,
and Mrfl. Ovler a lady of Eddy county.
The happy couple came to Jamestown
Tuesday to remain a few days at the
Gladstone on their way east. Mr. Clark
is one of the prosperous farmers of Eddy
trustees called tor bids for the letting of
tbe coal contracts.
"They did," Mr. Lutz replied.
"For what reason was the contract
awarded to you?"
"My bid was tbe lowest of all tbe bids."
"There was no other reason for you
getting the contract?"
"Not to my knowledge."
"There was no agreement tbat any of
the trustees or officers of this institution
were to receive any percentage for your
getting tbe contract?"
"None whatever."
"Have you heard of any charges made
as to corruption or extravagance in the
affairs of this institution?"
"I have not."
"In your opinion, then, it is run as
economically ab possible and has
been heretofore?" Sometimes adding.
"Make your reply as full as possible."
"As a member of the legislature I bad
opportunity to investigate the expenses
of the management of this institution
and I am firmly convinced tbat if tbe
hospital is managed and the expenses
paid with the allowance whioh the state
made tbat it is most economically man
aged and in most excellent manner."
Three Persons Arraigned and
Counsel Appointed to
Defend Them.
How Prisoners Fished for Bot­
tled Beer. Wet Goods at
Court House.
Three persons were arraigned, Thos.
O'Flynn on the charge of assault
with a dangerous weapon. Being
unable to procure counsel S. E.
Ellsworth was appointed by the
court to defend him. J. D. Wallin
den and Jas. Daley were also without
counsel and unable to procure it. R. A.
Bill was appointed to defend them.
These cases were set to be heard to­
The jury panel was called and a
special venire of 10 ordered.
The application of Peter Haas for re­
lease of his building on Front street,
now in charge of the sheriff—one of the
liquor cases—was made. The judge
being desirous of saving unnecessary
expenses to the owner of the building
will take action in the matter as soon as
possible to look up certain points in de­
cisions bearing OB the case.
Amo&g the attorneys from abroad were
W. F. Ball of Fargo, who is here on rail­
road J^usiness and Seth Newman who on
stotemonts made to the court,obtains the
release of Herbert Root of Valley City
nntil tbe case can be beard by the su­
preme court, where it has been appealed.
In the sentence Boot was not disbarred
from practice, but sentence as to this
suspended for future action.
A new hardwood floor is being laid in
the court house hallway.
It is expected that the court can
finish its business in a week.
In the corridors of the jail about a
thousand dollars worth of wet goods are
stored awaiting the orders of court for
final disposition. The remaining fixtures
secured in the late raid, the tables, chairs,
glasses, bars and back bars and biliiard
tables have been invoiced but will not
be removed until so ordered by the
court. The fixtures taken are worth
considerably more than 61,000. It is not
known whether the cases will be tried at
this term of court or not. Some of the
defendents have not employed attorneys
and will not do so until compelled to by
tbe nature of the proceedings.
The liquors that were confiscated from
tbe b. p's last week were stored in the
corridors of the court bouse jail, in such
a way as to be seen by the prisoners
from the oells, and—they admired, they
coveted, they enjoyed. A piece of wood
torn from one of the bunks was lashed
to the broom handle with pieces of
blanket torn in strips, a slip noose ad­
justed at tbe end and a bottle of cold
beer was pulied out of a case and drawn
to the bottom of the cell door as neatly
as Bob Wallace ever landed a pickerel
from Spiritwood lake. This may also
account for the disappearance of certain
long necked bottles from former seiz­
ures. After tickling their palates with
the amber fluid a second bottle was
hooked by the prisoners but before its
could be landed a guard made bis ap­
pearance and the piscatorial sport was
stopped. In the sheriff's oflice the fisL
ing outfit, attached to an empty bottle,
is on exhibition.
The City Schools.
B. S. Russell was elected Tuesday
by the board of education to fill the un­
expired term of E. W. Camp resigned.
The oity school census has been com­
pleted and shows 735 children of school
age in the city, a gain of 9.7 per cent.
Miss Fuller has done the work well and
with thoroughness. As each child enu­
merated adds about §G or $S per annum
to the revenues of the schools the neces­
sity for accurate work iu the taking of
the census is apparent. The price here­
tofore paid for this work was tive cents
per name but Miss Fuller did it for a
Vacancy in School Board
Filled —School At­
District opened Tuesday morning with
eleven continued and seven new cases
on the calendar. In the county jail are
six prisoners, all but one of which are
awaiting the opening of court. Thos.
O'Flyn will answer will answer for shoot­
ing at and holding up Express Messen­
ger M. H. Elvidge Thos. Daley and as.
D. Wallin for holding up and attempting
to rob P. Barnard and H. M. Smith for
the alleged disposal of mortgaged prop­
erty—some horses. Chas. Bartlett is
serving out a sentence for complicity in
the Weil burglary—his pal went to the
state penitentiary—and George LaVelle
is serving out his second sentence.
cent less and to the satisfaction of
Tbe attendance in tbe schools contin­
ues to inorease and show an advance
over tbe corresponding period a year
ago. The total enrollment now is 470,
the average attendance 410, a gain of
22.4 per cent—nearly one-quarter—in
the enrollment in two years' time. Dur­
ing the month ending Dec. 20th, 23 new
scholars were received in tbe schools
and four pupils were promoted. There
are in attendanc 29 non-resident pupils.
A special report by the secretary of
the financial condition of tbe schools,
compiled for the year ending Deo. 31,
was presented. This shows total re­
ceipts of 819,244.12 of which $3,859.20
was received from tbe state fund,
$10,184.89 from tbe city tax, $169.43
from tuitions, 60c from a book lost and
$5,000 borrowed. Of this last amount
all but $1,500 has been paid off. The
total disbursements have been nearly
equal to the receipts, tbe balance on
hand now being 3335.25. Seven thous­
and seven hundred and eighty dollars
was paid for salaries of teachers, 92,232
for interest on bonds, $3,500 for redemp
tion of loans, $1,000 for bonds retired
and $1,028 was an overdraft of a year
Tbe following accounts were allowed:
Mig Fuller, taking census 735 names
at 4 cents each $29.40.
E. P. Wells, one half deficiency in rt,'
opera house for lecture $13.80.
A. M. Clough, repairs $1.80.
Clougb & Anderson, repairs etc. $8.25.
J. B. James & C. Karcher, material and
painting seats and blackboards, $21.18.
Supt. Schmidt, incidental expenses of of­
fice S10.00.
E. S. Miller, setting blackboards 84.00.
Gull River Lumber Co., one car coal
SI 74.13.
P. H. Wehrn, labor 34.50.
Supt. Schmidt says that nearly all of
the recent purchases of reference books
for tbe library have been received and
are eagerly read by the pupils. As long
as school is in session a large proportion
of the books will be and are in tbe pupils'
hands. About 100 volnmns have been
purchased, all standard works and valu.
able aids in broadening the mental
fields of the children and inculcating a
taste for the best literature.
A Consignment of Oxford Down
Sheep Brought into tbe County.
Clinton Wade of Bloom has invested
largely in sheep for Breeding purposes
and has just received two car lots of very
fin.. Oxford Downs. One consignment
came from Edmund Cook of Wilmot,
S. D., the other from Geo. McKerron
of Sussex, Wis. They are all ewes, and'
it is claimed for the Oxfords that they
area larger heavier mutton with a little
closer fleece than any breed now in tbe
oountry and tbat they are speoially well
adapted for this climate.
Mr. Wade believes tbat when the tariff
on wool goes on there will be an advance
in sheep, and that it will be more profit
able than it has been to raise them. He
says there ought to be 100,000 sheep in
this county instead of 11,000, and instead
of a yearly crop of 70,000 pounds of wool,
tbe oounty could just as easily as not
show 700,000, or even a million lbs., with
the present population of farmers. It
would make them well off ana independ­
ent of crops, and become a big source of
wealth. There is abundant feed for that
number of sheep here.
Mr. Wades, enterprise ought to be en­
couraged by farmers who are going to
add a few sheep to the farm.
A Jury Hung in Effigy.
The people or citizens of Medora have
bung in effigy the jury that failed to
conviot Wadsworth in the murder case
at Bismarck. There are twelve effigies
strung up to a cottonwood tree near the
depot at Medora in plain sight of the
trains. On a building nearby is painted
on canvass in neat lettering the follow­
ing hot hot roast:
"Billings county's compliments to
Burleigh county's thugs and packed
•How much did you get for your votes
you poor fools?
•May you roast iD h—1 Hutob, (the
"How many false oaths did you take
to get on the jury, you pimps and
The letters on the building can be
plainly read from the train and the effi­
gies have been hung up for four or five
Blood and nerves are very closely re­
lated. Keep tbe blood rich, pure and
healthy with Hood's Sarsaparilla and
you will have no trouble from nervous­
Hood's Pills are the best after-dinner
pills, assist digestion, prevent constipa­
tion. 25c.
It's just as easy to try One Minute
Coiitfh Cure as anything else. It's eas­
ier to cure a severe cough or cold with
it. Let your next purchase for a cough
be One Minute Cough Cure. Better
medicine: better results better iry it,
Baldwin Bros.
What a Neighboring County
Pays for the Prohi­
bition Law.
Heavy Expenses Being Made
for Stutsman County
Facts in the Hoot Contempt Case.—
The Court Fully Sus­
The expenses attached to the prosecu­
tions of the Valley City liquor cases has
set taxpayers there figuring. Before the
prohibition law went into effect saloons
paid a revenue to tha city of about
$8,000 a year. Allowing eight years as
the shortest time in which tbe prohibi­
tion law in North Dakota will have been
in effeot, it is seen that Valley City will
have lost in revenue $64,000 from this
law, for in all probability the amount of
licenses, fines, eto., wonld have averaged
$8,000 a year. It is said that attempts
tc enforce the law have cost the Barnes
county taxpayers $22,000 np to date..
This makes $86,000 that the prohibition
law has coet Birnes county And what
*en accomplished? Instead of pro
nlbiting the sale of liquors, and elevating
the moral and social oonduct of the city,
the sale of intoxicants has continued
with a few interruptions, almost con­
stantly during all this time, and the
town has been tbe scene of strife, of
personal animosties, of unprofitable
litigation, caused by the law. It is
said tbat only one violator in these
years has been convicted in the
courts, and he served but a short time in
prison as punishment. The question
comes home to the practical man, is tbe
result worth the cost?
Another instance is cited. LaMoure
county paid out last year about $3,000 to
prosecute five "piggers" from Edgeley, a
small place. The trial of the cases was
beard at LaMoure. The result was tbat
those who plead guilty were but slightly
punished and the others wbo plead "not
guilty" escaped entirely.
The complainant in these cases is said
to have never been paid as the county
was unable to convict.
In the light of this record in Barnes
and LaMoure counties, which is in a
great degree the record of every county
in the state, where the larger towns ex­
ist, what prospect is there in Stutsman
county for any reform coming from the
same course of proceedure?
The expense of prosecuting in Stuts­
man has already been heavy enough, and
without any result as far as enforcing
the law goes.
Whoever is responsible for the present
raids and for the costs being made under
the law, it certainly is not the tax payers
of Jamestown, and it only takes a very
short time to learn tbat the great majority
of the citizens here, are opposed to in
curing this expense and are beginning to
inquire who are getting the benefits.
An Attorney's Opinion.
Attorney Taylor Crum of Fargo in the
Forum says:
"I am not interested in the contempt
proceedings against Mr. Boot. Mr. Boot
is a very easy man to beat in a blind pig
case. Your artiole last night was un­
questionably written by Mr. Root. It
is a tissue of falsehoods from beginning
to end. I have no time to refer to all
the foolish lies therein contained. It is
thought by many that Root is insane
and not responsible for the foolish false­
hoods he is constantly promulgating re­
specting Judge Rose, Attorney Winterer,
Sheriff Briggs and the jurymen and
others. So far as I could learn tbe
entire bar of Barnes county, and more
than nine-tenths of the citizens, fully
sustain Judge Rose. The judge gave
Root every opportunity for defense.
Instead of defending himself he wrote,
read, swore to and filed statements in
court which were the most outrageous
contempts, ever tolerated for an instant
in any court. I was not prosecuting
Mr. Koot nor was I defending him. I
was at Valley City on other business
than rooting after Root. No Barnes
county attorney would assist him, I am
told. Even the prohibition attorneys
refused to assist him, and Mr. Young, a
prohibitionist and an attorney who nad
refused to have anything to do in de­
fending blind pig cases, rose from his
seat before Judge Rose convicted Root,
and voluntarily stated in substance that
the motion of the state's attorney was
fully justified and should be sustained.
That Mr. Root's conduct was without
excuse and could not be tolerated by
any court, nor by the bar of Barnes
It is outrageously and notoriously
false that Root was denied the riebt of
appeal. I heard the judge tell the
sheriff that whenever Root procured the
proper bond and judge's certificate, as
required by law. to release him.
A. G. .Hartley of Magic, Pa., writes: I
feel it a duty of mine to inform you and
the public that DeWitt's Witch Hazel
Salve cured me of a very bad case of ec­
zema. It alsocured my boy of a run­
ning sore on his leg. Baldwin Bros.

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