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'S' tl rl: i. Senatorial Election Law Being Tested For Consti tutionality. Bismarck, N. D. Oct. 23.—A num ber of attorneys from over the state were at the, capital early thto morn- ing preparing, matters for the argu ment in the contest of the United States senator feature of the primary law, in the supreme court. When court opened this afternoon Judge Young for the relators in the action, made lan additional applica tion that Charles Stowers of Cass county be made one of the relators in the case and that the county auditor of Cass county be one of the defend ants Judge. Young held he made the application from the fact that the other, relator, Herschell James of Hettinger county, was riot in a coun ty that regularly appeared in a legis lative district, and that this addi tional application would help to fa cilitate the case in the court. Attorney General McCue presented the secretary of state's return and en tered a demurrer to the proceedings and- presented a formal motion .to.' have the law sustained by quashing the proceedings on the grounds that relator had no rights in the by the court matter 'it when arrives gued that the court have the secre tary of state annul the notice that the names of Johnson and Marshall sh9.ll go on, the ballot. The argument from the array of le gal talent before .the court continued way: it throughout the afternoon and It Is .. No-special will be run not certain when the court will reach a decision in the matter. Special to the Alert. Bismarck, N. D., Oct. 24.—The ar guments for and against tbe constitu tionality of the primary election law snpre.jae court late this afternoon, it is not known what decision will be made, but tbe senatorial ballots will sent out as hither to provided for. HIGH SCHOOL NOTES The report cards came out Wednes day with the following ranks: Fresh man class, Grace Meeker, 93.5 Soph- ness, Rules for the H. B. Allen Prizes. October 23, 1908. An award of $15 in gold and an award of $10 in gold shall be made to the boys in the graduating class of the Jamestown high school- who meet the following conductions: all who comply with Condition 1. Condition III shall be changed to read October 23, 1908, Instead of May 27, 1908 The .rules or the W. B. S. Trimble prize are as follows: An award of $25 in gold will be made to the boy in the graduating from the use of tobacco or alcoholic Condition III. It is further pro vided that this shall be air annual award. and that for boys at present enrplled in a high school, compliance wnnBrTellpEJle"'' m(W tban^ once. Condition V. This award shall be made by* tti» high sahool.faQulty. Note.—This prize was publicly awarded at the Class Day Exercises to Garth Howland Three boys in the class were eligible.. .Garth, was also valedictorian of his class. Theschool is well pleased to be able to announce this generous and unso licited offer of Mr. Allen's as an in prominent ^,^^^^^^00 to the special.. 1 omore ,-class, Winifred Larrison, 93 refuting the announcement that, had. Junior class, Edna L'Moure 93.4- gDne out over the state that he was. Seniofi-jclassjr: Elizabeth Nelson, ,91.5. These awards shall be made in ac cordance with the same conditions as govern the W. B. S. Trimble prize as: JAMESTOWN GARDEN PICTURES announced May 27,1908, with the fol-1 The 'Spectrum," the students lowing exceptions: eight page weekly at the Fargo Agri- Condition II of the W.B. S. Trim- cultural college has in the current is ble prize shall be changed to read— sue, a fine cut and write-up of the The $15 and $10 awards shall be given Jamestown public school garden, and to the two boys ranking second and the "Extension", also one of the col thlrd respectively in scholarship of lege publications has as its leading class who meets the following condi- town, has very kindly volunteered to tions: give any information that will, help Condition 1. He has abstained witfothese conditions .may date from condition and there is slight probabil thls announcement, May 27, 190?, in- ity that Mr. Kern will resume hi^cain st^uol of thruo.ut ?ih» high school i-aign duties befpiiB next week, when couta^i, I* number of speeches have been ar Condition IY. In case tbere is no one elifld^ iip tiie graduating olaqs, the av^il shidl be made to tb9. next lower claw which can qualify, tho no' and 11- quor. It will aid the schools in their stand for clean hatits of-body and additional prizes, will mind. These undoubtedly, give greater incentive to a larger number of high school boys as three-will now receive recog nition instead of one. The honor of being one of these first three boys is worth vastly more than the money value which however is well worth any boy's efforts. SPECIAL TRAIN FOR LAUNCHING Final arrangements have'bfeen made for the special train ,which is to car ry (North JDakotans to Qulncy. Mass.* Tuesday. Nov.. 10th to attend the,, launching of the.. Battleship Norths nay introduced the speaker. DENIES SEEKING DEM. VOTES Dakota in the Fore River shipyards the platform were "several democratic The. special train leaves. St. Paul'county candidates,and John B.Fried, Npy 8tb» and will, carry Go v.Burke,, democratic candidate for presidential: his staff, Miss Mary Benton of_Fargo,! elector. who will christen ,the-..boat,-Mrs. Alice Thespeaker discussed the two state Nelson Page of-the Grand Forks Her^ platforms*, showing, practically and that there was a lack of jurisdic- aid, and a large party of North Da- same planks in favor of. government tion because James, the relator, did kofcans, every patriotic citizen of tberegulation-of trusts, revision- of tar not haw sufficient interest in the state being invited* i iff, popular election of senators, phy matterto bring the proceedings. The.trip will be made an unusually sical valuation of railroads/ guaranty All the petitions will be considered delightful one. Every comfort will be at its! arranged: for-iy the way of- sleepers the two,national platforms, andr.then final decision, Judge" Young and At- aqddlners. Stopswill,be made ,en-.| husrled to a discussion of-• state, poU. torney Lawrence argued that the law, route at ChlcagQ and Niagara falls,icies.: is unconstitutional because the con- andcon the -return-* tw days, will be* He-advanced the charge of absen-. stitution prescribes the qualifications given of the'legislative members and the' and Washington, -Di*O. state capital, apparently forgetfiil of legislative has no authority to add to The schedule arranged is as follows, his almost contiguous campaign tour these qualifications. by compelling subject to slight changes,:, of thelast few months, and .the fre the legislative candidates to file anj Special train-of. Pullman sleepers, quent trips away from Bismarck for affidavit that they would support any diners and observation/car will leave, speeches during the rpast two years, certain candidate inthe legislative St.- Paul,- via-Northwestern, Nov.- '8 'or, explaining! thenr on the ground session, whq might be 'designated as at 10 a., m. Arri.v.e.X)hicago, via Wa^ that he had been ''invited to address th« popular choice for United States bash, Nov^S, l,p. m. Arrive, Niagara, the audiences": the proposed senator. The relator's attorney ar-, FaUs,\No«,»,-at.i2 .p.ilm..-' Leaver Ni^-pafes law was gara Falls, via West Shorej Nov. -mi' Arrive in Boston, Nov. ____ __ Bismarck, N. D., Oct. 23.—'There as regards the choice of United States ographer to take down verbatim the s nators were completed before "he and candidates in the city today and many propositions are being discussed and the sentiment from over the. state is being generally sounded. Among the arrivals last night was Tom Marshall and his political, man-., I ager, Sidney Adams of Lisbon. Mar- shall gave it out in the hotel lobbies that Adams was preparing- a state ment which was given out today to: the effect that Marshall was flatly now Ethel"Rhode»'of Dawson returned their support in this senatorial con to school Monday. test. Marshall stated that he had Douglas, Steele has resumed his fostering the democrats and never studies?. ,in high school after an ill- was not asking or democratic votes. There is considerable conjecture as to what effect the supreme court decision-will have on the senatorial, situation and if the law is not sua-, tained there is some, speculation as. to what candidates will come before the legislature seeking to secure the toga. been a democrat and that he article for the current month a de scription of the public school garden at Jamestown. Photographs, showing how the plat looked,before and j&fter the garden .was brought into being accompany the article, whioh de scribes in detail how the work- was accomplished. Supt. Crane of Jaines- those interested in a like under- taking. thruout-liis high school) beverages course. Conditipn II. He possesses the highest scholarship of all those who comply ,with condition I. Kerr. Jr., Critically III. Indianapolis, Oct. 23.—John W, Kern, tbe. Democratic vice presiden tial nomin^whose campaign tour ir New. York and Ohio was interrupted »t. Syracuse by news of the serious illness of his eight-year-old son, Jolin W. Kern, Jr., has reached Indianap olis. He found the boy In a critical '.ranged for him in Indiana. He in tends, if possible to All those engage I menta. V! /mtMW Attempts to Explain Has Failed to Promises. At the democratic meeting, in. the opera house Saturday night, Gov Burke spoke at length, the tenor of his argument being a plea^for the vote&of the .republicans, in that the two platforms iwere similar, and a defense of his administration, in which little has been accomplished, laying the blame upon other officials, and claiming tobe'the-author prac tically of all the good work that had been, done, as has been his attitude during .the long.- campaign, with its many suGh speeches, that .he has been, making- over tlie-state Knowing that the majority of the electors of: North Dakota are republican- he ad-: dressed liis arguments, particularly to. the republicans, who constituted the principal parttof liis audience.- M. D. Williams presided over the meeting, and J. A. Coffey of Courte Upon: 0f bank .deposits,, and also compared sight seeing in New YorM teettm from office of Officials at'the the -proposed aritl-' next introduced,1 and 91*• the speaker passed on to his length 10' explanation of .the. failure -to,raise 5 a.m. the railroad assessment to the height The .fare from Grand Forks will be assured in his campaign, promises of $33.4$,, and from- Fargo, $31.45, one»two years ago, namely to $14,000 per mile as iri Montana, as often 7 quoted on the re- by him He also endeavored to ex turn trip.v i This will give the mem- plain his claim for the-creditofhav bers of the party a chance to visit ing introduced this motion to have a points of interest not on the route of- stenographer take- down all the ire- marks, resolutions, etc., during 1 the sessions, of :the board of. equalization, altho Secretary of State Blalsdell had already' introduced a motion pro viding for the employment of a sten proceedings.of the board, whichcjcovrc ered the resolution of Governor Burke. speech that the democratic candi date) -for tierelectioni'ias«governorJ^ i making throughout-the state, taking the'eredit for pratctlCally all the gdod work that has been accomplished, and placing the blame-for that Which''-he has not-done upon the1 shoulders"'of the other' -officials. E. H. Wright, one of the soundest, and most logical speakers for the republicans, in the campaign, and thoroughly acquainted with the facts and- figures,, iin his speeeh -at 'Bismarck Thursday ex* posed1- -clearly 1 tlie -insincerity of the: democratic arguments for the re-elec tion of the present governor. We have, said Mr. Wright, a gov ernor of the minority- party in the state who seeks re-election, The. ma Jority, of the voter& ln the state are. republican ..and- thei -question is whether we should re-elect a demo cratic governor or el^ot a republitiari' to. the governor's chair. H4s Burkie measured up "to the standard' and promises made, in his campaign" two years ago when lie was .a candidate and fwas making liberal- promises touchlrig various-things? Two years: ago Burke was attacklng theiepubll cans. Now he is on the defensive and is seeking to explainIwhy hev has not oarried out thfe. promises- Me made, v v-v f- In tHis state,"'the' principal Issues of the campaign Were the assessment of railroads and the enforcement of the prohibition ?aw.. Two years ago Governor Burke in his campaign de clared that railroads wer^ ^not a$5 sessed high enough.' Then-'r&iirbatte in, this state^wpre a8seBs^ at$d,0(W a mile on thelr^aln line.^Tfie go^rri1 or had stated^ that inr Mo%ttHMr'^nii«' roads'trerd asseaa^ at Sl^^ Iciiff, conveylog the imfi^ttsio^to .the —^ti6^itf^Wt'''stKWiriaV6h6t-T^ 1%ls s^temenC 'without »ny ex planation' ac to how other- property was assessed in the two states* ww decent! ve~ and had a considerable effect with the voters who thought that the governor was correctly stat 'ing conditions. This year Governor Burke haa stated before the board that- rail roads should' be increased $1,500 a mile. The other members Of .the board took issue with the governor, an*i based their action upon the facts and figures before them. These showed that the highest figures of valuation of the roads were 840,000 a mile. The board then turned to the assessment and valuation of other property, seeking to adjust it and the railroads on the same basis. The governor, stated to the board that real estate he thought was paying on a third of its value. In Cass county the assessed value of real estate- was 6.70 an acre. If the governor was right in his statement, then the average ivaluet of land in. Cass county was!only about 820 an acre. In Bot tineau county the-assessment of land is 84.03. If the governor was right, land there Is only, worth $12 an acre,, when as a -matter of-. fact: it cannot be bought for less than $20 to $30 an acre. The same facts are true of Burleigh, Stutsman arid other coun ties. T}ie other.members found that the real estate-was'in'fact-. only The speaker then became self laud itory, and described the' 'impression'' he-bad made' upon^ the,. other ,del« gatesto the water way conventions, ., ... ,. held ,in Memphis,,- Sioux -City Washing(ony After an attempt to belittle Hon. C. A. Johnson, the choke,of tlie ,republican,voters-, byr ja large majority ,at- the June* pii' maries, the, speaker, stated liis -poaiv tionJor enforcementr ofi the: laws, aad particulary tbe irohibltion law, land concluded^^ The meetings wasi ended by a few nJlhutfeS'talk by Mr. Coffef^1'only to do justice to all men and all 'thef for about a fifth of Its value and per sonal property fdr sixteen to seven teen per cent.- But they, placed the valuation of .the railroads at $10,000 a mile,' or twenty-five-per cent of its value.' The republican members of the board were intent on doing their duty as officials and treating all classes of property, alike, arid Mr. Wright said that no man whO valued his duty as a citizen would stand for a higher rate of valuation of proper ty for the reason that it belonged to a corporation.. The republican members of the board had not acted because they be lieved an -arbitrary and unjust in crease of railroads would be popular They acted because they believed the best information they had justified the figures agreed upon, But the figures obtained by the governor'in his correspondence and inquiries in other states developed other facts. They developed that in stead of the rail roads: in Montana be ing ^assessed' $17,000 a mile, as the governor had stated in his-campaign speechesf-of t#o years ago the rail roads of that statS ^w^rt asseSsedi three*liiie8 fctr$m25{r a mile arid other lines tltfWri' a3 low as $2i~000 a mile. That, branch lines, in., that state- were assessed from- $125 to $2,000« mile,- while in this state all branch lines are assessed at 86,500 a mile. That, in Montana, the state tax levied- was. two and a half mills and in this state five mills, so £that at $17,000 a mile on the Montana val as much per mile for taxes. These fig ures-,-were interesting -as showing whether- the governor's statements of two'years ago as to discrimination in favor of railroad^ were reliable. The attitude'o'f Governor Burke in this'railroad assessment, was not the attitude of. a statesman, who desired man' to respond to popular clamor iand say'that he is against railroads and-will, if-elected, say that he will see that thevrailroads are assessed on a higher-basis.- But--it is the-states' man who says that if elected he will inqulre lnto -the facts and do the right thing-by all classes of property, and go no further than that in the making of promises. The speaker contrasted the attitude of Governor Burke with that of Gov ernor Hughes' of Nciw 'York, who, when asked why he had vetoed a two cent fare bill, said that he had done so because the legislature passed the bill without any knowledge of the actual cosjb of hauling passengers and that no- bill,so passed without, know ledge or inqui ry, would have his ap proval while foe was governor. This was the difference'bet ween the atti tude'of ^Governor, Burke and Govern or Hughes in this important matter of dealing with corporate property." Now as to Gov. Burke's "stand" in not voting upon the. railroad i ment resolution, -the following com parisons have weight: Gov. LaFollette vs. Gov. Burke When "Bob"LaFollette, who is cam paigning for the election of the re publican ticket, was elected governor of Wisconsin and a member of that state's equalization of tax board, he found a majorlty of the board against raising the tax assessment of rail roads and corporation. Governor La Follette offered a resolution for raiSr ing the assessment and went on re cord, voting for it^ and- forced -the majority to r^ise the assessment. Govdrhbr' Bnrke sayi ht found a majority of the^rd-. a^inst. hii» hedidn't didn't force the l^ tostaTKTagalinraTmtjorltjrr Gov.' BugM#?Gofrs fBurlw:— Burke sa^j., tlM!i tng raillrbabd assessments, and there was "no use for'him to vote on it." Gov. Hughes said to the New York Legislature: "I know a maj irity of your honorable body are against my anti-gambling' and anti-corparation jaws but rstand for the right arid unless you pass theSe laws your re cord will he submitted laws,-Roosevelt to your con- stituerits," and he forced the pas sage of those wholesome laws. Gov. White vs Gov.' Burke:—Gov ernor White found/a majority of the equalization board, against raising the railroad assessment but said "I want to go- on record and offered a resolution raising the assessment $1500 per mile and forced the mem bers on record and some who voted against the resolution were not sent back by the voters. Governor Burke didn't offer any resolution, he said "there's no use to vote" and did riot go on record. Roosevelt vs. Gov. Burke: —The congress of the Onited States was opposed to the passage of wholesome took the 'big stick stirred up the Plsttt, DePew, Foraker records and forced the passage of the railway employers liabjllty acts: the pure food act the rate bills arid oth er wholesome laws. Gov. Burke says: "There's no use to vote and go on. record when a ma jority are against you,' 'and gives that as his reason for -not voting- on- the equalization "of the'railroad taxes in !907. 1 DENIES ALLEGIANCE It was curreritly' reported that Thomas Marshall was in allegiance with' the democrats-»and -had made att alliance with Gov. Burke for, democratic votes'at the polls. In a published statement to the Bis marck Tribune, Mr. Marshall denied the existence of any puch demo cratic alliance and strongly advo-! cated the election of C. A. Johnson republican candidate for governor. He repudiated the charge that he had made a deal to trade republican votes for Burke for governor for demf ocratic votes for Marshall.for United States senator. 'Plainly stated,'' he said, "I have never made, never contemplated making, and shall not make any deal of any kind directly or Indirectly with Mr. Burke or any of his associates or represen tati ves. Un doubtedly there is infinitely more smoke than 1 fire' about the whole proposition and .it has tendency to injure.C. A,: Johnson, in whose fiuc cess every republican should be inter ested." ADVERTISED LETTERS. List of letters remaining uncalled for at the Jamestown, N.D. postofflce 'or the week ending Oct. 17,1908: Barbera' Arithony,' Frank Bellum, James Berry, Beyer,' Dee Brown,' Micel Brophy, Frank Clock, Campbell, Harry Dammerllng, Cora Gordlee, NoTmatt Gosslt. JackiGreen trlck,' JohariA'efe HaAdeb, JacoU' Hol der, W Iro'nos, johnsori, A D:^ KieservG ErKeougb,- Thomas Ken- nyi Ray vLeedifig, MeMasterv Miry Nug(Brif, Dfeluca5 Pdutafiefej'! T^omais Philipps, Jrio'Parry, Llllfaif Putney, Rc»s Randall, Sandes, Emma Smithy-Stephens- Vane, Chas, Sherman, 'John ShUltz, Lewis Stan-^ ley, E Stiiarfc, V Thlstbe Wffi' Van Yleck, Wilson, Goldie coar Doesn't up the Flue v vbe ruts jiraa You receive intense, direct heat bom.every ounce olfuel burned~ diere are no damp chimneys or pipes to waste the heat from PERFECTION (Eqnlppcd wtth Smolcel Carry itlrom room lo room. Turn, the wick high' or low—no bother—no smoke—no smell— smokeless device prevents. Brass iont holds 4 fufh. bunis 9 hours. Beautiiully finished in nieket japan. Every heater Warranted The evenings. Mtae .of brass, proved wnbrsl draft burner. It your jfcaler cannot Post cards-wholto'wrHten '-.'Gallie |^hwill,_E^^|^,S^j^il^ri^:*|4 jBurnes,, Al^-*B&tt<^e^y k IMguaVdjt li?irtJBb^B'r^ip,S "JariSWt BerVj-.' 'F' Be'ikulieu, Mrs B6b B^ierSi Miss Mag gie' Cravi'fo'ra, Mlss' Isabelte Carley, Donald Campbell,. Esq., .J.J Dunn, Miss Flora Edwards, Miss Ruby HMtftren,' Mr Albert Hsugari, Mr- Heale, Mr.P Howard, Ha ning, Mrs Nella Hawstrander, W Johnson, Mrs-B-H- Eianzisch, Miss Erma Kauhel, Mr rover Leach, Al fr^d Lyfefeh,'Miss DaTsyl--MorrHl,: M1r! Pierce, Alvina&Peterson, Mr Har vey Peterson, A^M Spencer, Mr Ray mond Shubbert, Miss'Stella Schmidt, Mr Ralph Starke,. Edd, Weasy, Mr Van Stephens., These letters will be be 21 days after which they will tie sent to the dead letter, office1. Wlieh cailing for these' letters ra1WaA fe'ay advertised and give date of this list. John Severri Act!riir Postmaster DREW LUCKY- NOMBfcRS' Oiit of thei six^orisandrpeopfe who were successful' in drawing' land in. the Tripp county. South Dakota,land opening only six-were North Dakota, people.-- There- were 6.000 farms to be di- vided among 114, OOQ applicants and this left l08,OOO peopie,who 'were dis-t appointed. inmot gettlrig'a-f4rm.: The' drawings^'were! conoMddd TliUrSdiy.l FSllow4ng,? a^Kth6^n"an!|tes:: b'f !Norit DakOta ^eoiiie v?Ho ygre sncce^ful itf' drawing a fam'iJ'an&,tM:ntimit)etof thdr^i^tiolf: No.' 1(14—Lbiti Klojg^tad, Sawyer,' yJWt' No.' 5t6—John F." Mills £31endale, N. No. 599—Henry Sageirt,. Cugusa, N. D. r? s. w? No. 673—Charles Suesmilch,1 Gene S60, N. Di: No. S08^Joseph I.^ Long, Flaxton, N." D. .-V 'IV.-":'- i No. 1375-i-Nels RasmUss6n, Lang dori^'N.-D^ INSANE MAN 'CREMATED Minot. Ni D., Oct. 2i.T—An un-, known man,- supposed:$0, be insane, was burned to d^aUi in ,the jail at Donnybrook Thu reday^ night as the» result vof' a* flrej setr by the victims himself. )i".-u .. The inanrwas brought to Donny brook^romi'Aurelia late in the 'even ing with' the InteBttori'Jbf taking liim to Minot for examination by the ln--: sanity board today." The Bre ^started shortly* after $ o'clock a^d before the department or the mkiishair could ar-f rive, the huil^ifhgwM^in ruins. The" body was fojind^Witti. the hands! clasped around-the iron bard: v- A watch chain, a key^-a ring and a key that-resembled a Northern Pacl-? fie switch key were.found beside th®5 rematris and one ln the-'bones that formed thS, 'hari4 !a st. iesabrigbtstetdf ht lo read hr— long testing wairanteiL w a UMrant Periedion Oil •W*® nur'itfearcst agency ring was found1 with thti initiate 'P.'-iF. The 'man is not knbwri at Abulia, but is reported to be from'°'Mlnn^si6ta. The cororieif^ will make n Hh^estfgatipn today.. Serious Water Shortage. New York, OcL 23i—-From all parti of the Btate come: complaiiiis of water shortage:: So iserious is the sltuatiorr in many, parts 4l the- state that ex" treme measures will -soon, be needed' to prevent, actual distress. In varl 1 ous places.dairymen] are compelled to,, drive their^ cows for. miles to-obtaio water and in otbyr^ it is belng carried for1 miles to. supply, .domestic .wants. In the Hudson valfej the shortage ii pai-tictiiariy serious.": .. aX't "•A-