The Bemidji daily pioneer. [volume], April 12, 1904, Image 1

About The Bemidji daily pioneer. [volume] (Bemidji, Minn.) 1904-1971

Image provided by: Minnesota Historical Society; Saint Paul, MN

                
VOLUME 1. NUMBER 301.
United States Supreme Courf
Remands Merger Case to
Courts of Minnesota.
OPINION O TRIAL JUDGE STANDS RE
VERSED BY HIGHEST COURT.
Circuit Court Erred in Hearing'
Case and Rendering Deeision,
Says JusticeJarlan.WheDe-
livered Opinion.
..Washington. April 12The United
States supreme court has decided the
case of the State of Minnesota vs. the
Northern Securities company and the
Northern Pacific and Great Northern
Railway companies* involviiur th*
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Silks and Dress Goods
New Voiles, black and colors 50c to $1.50 a yard.
New Taffeta Silks, from 75c to $1.50 a yard.
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3
-4FV
JURISDICTION
vaunity or tne merger of the two rail
road companies, holding that it was
without jurisdiction and reversing the
opinion of the court below.
Justice Harlan, who delivered- the
"eplln S*M that th* circuit court
should not hare entertained jurisdic
tion in the case, the effect being to
remand the case to the state courts.
In delivering the opinion of the court
Justice Harlan cited the facts bearing
on the origin and history of the case,
saying that originally the suit was in
stituted by the state in its own court,
but before an opinion could be reached
there it was, on petition of the Securi
ties coninanv. transferred to the
9XA
MflDHPRILZaeCQ
KmClOTIMt CIKAbO
cult court ot tne district of Minnesota,
by which court it was dismissed.
Much controversy arose over the right
to remove to the federal court and
after hearing the case argued once the
supreme court ordered a second hear
ing on that point.
Justice Harlan called attention to
the fact that the proceeding was for
the purpose of enforcing both the
state laws and the federal anti-trust
act. saying that the circuit court could
not have taken jurisdiction if only the
state statutes had been Involved/
Federal Law Not Involved.
Taking up the federal law and an
alyzing its provisions he said it_was
clear that the case did not belong to
any of the clauses provided for by it,
"It is," he said, "not a criminal pro
ceeding nor a suit in equity in the
name of the United States to restrain
violations of the antitrust act nor a
proceeding in the name of the United
States for the forfeiture of property
nor an action by any person or cor
poration for the recovery of threefold
damages for injury done to business
or property by some other person or
corporation/
The contention that the case in
volved proprietary Interests of the
state was not allowed to influence the
opinion. On that point the court said,
in part:
"The injury on account of which the
present suit was brought is at most
only remote and indirect such an in
jury as would come alike, although in
different degrees, to every individual
owner of orooertv in a state bv reason
It pays to buy at Bomidji's largest store
BEMIDJI. MINNESOTA.
Auler Suits from
Adler Rain Coats from
R. & W. Trousers from
Ladies' Shoes.
Composite, Pingree's best~$3 shoes.
Gloria, Pingree's best $3.50 shoes.
Vogue, Pingree's best $5 shoes.
Ladies' Oxford Ties.
This season we carrv a full line of Drew Oxfords in
the kid or patent leather, $2.50 to $3.
Men's Suspenders.
Special: 50 pairs Men's Fancy Suspenders, one pair
in a box, regular price 75c, now at 50c a pair.
Men's Clothing.
Mill Men's Clothing.
The Bemidfi Daily Pioneer
BEMIDJI, MINNESOTA, TUESDAY, APRIL 12. 1904.
oi me suppression, lu violation ot uie
act of congress, of five competition be
tween interstate carriers engaged in
business in such state. If Minnesota
may, by an original suit in its name,
invoke the jurisdiction of the circuit
court because alone of the alleged re
mote and indirect injury to its pro
prietary interests arisipg from the
Mere Absence of Fiee Competition
in trade and commerce as carried on
by interstate carriers within its lim
its, then every state upon like grounds
may maintain, in its name, in a circuit
court of the,- United States, a suit
against Interstate carriers engaged in
business within their respective lim-
its."
The court also refused to hold that
Minnesota's dignity or rights as a
state would be-affected under article
IV. of the federal Constitution by per
mitting the stock of corporations of
that state to be held by an outside cor
poration like the Socurtties company.
Justice Harlan said the court, did not
think that the article of the Constitu
tion had any bearing whatever on the
question. He said in conclusion:
"For the reasons stated we are of
opinion that the suit does uotto use
the words of the act of 1S75really
and substantially involve a dispute or
controversy within .the jurisdiction of
the circuit court for the purpose oi" a
final decree. Thai being the case the
circuit court, following the "mandate
of the statute, should not have pro
ceeded therein, but should havo re
manded the case to the state court.
"The-decree of the circuitcourt Is
reversed and the case is sent back
with directions that it be. remanded to
the slate court."
The opinion of the court was unani
mous.
HIGH SCHOOL BURNS.
Fireman Killed by Falling Wall at
Calesburg. III.
Calesburg, 111.. April 12.Fire which
broke out in the basement of the
GaleSlmrg high school resulted in the
dostniction-of Hie hjiildlhg,
John Sinter, a fireman, was Instant
ly killed 'by a falling Avail. The loss
is estimated at $]OO.ono,"fully covered
ty insurance.
Candy
Pure Sugar Stick Candy
25c
per pound
We'carry.a large assortment of Moire Overalls, Jack-
ets. Shirts, Underwear. Mitts, Gloves, Mill Caps and Oil
Clothing. _^___
_!-__ $10 to $25
$12 to $15
S2.50 to $7.50 a pair
GERMANS DEFEAT MAIN FORCE
OF HEREROS IN DESPERATE
ENGAGEMENT.
NATIVES FINALLY PUT TO FLI6HT
LATTER'S tOSS HEAVY. BUT GER
MAN CASUALTIES ARE LESS
THAN A SCORE.
Berlin. April. 12.--The forolRU office
has received the following dispatch
from Colonel Lctttwoln, the govonmi
of Gorman Southwest Africa:
'With the milled Principal division
and Western division I attacked the
enemy's Chief foiro about 3,000
strong, at pngnnjirn. The Hereros
were in a strong, semi-circular post
tlon on a hill fronting the northwest
W first (tanked niid forced back tht
enemy's loft vving and then attacked
the center aiid rlghH Two pnttrgotfi.'
counter attacks of tin- enemy against
our Lett were repulsed. The ciit'omy'd
position was broken through at uiglil
fall, afiur eight hours' fightings and
the enemy was driven back on all
sides. The chief forces appareally ro
tired in a northeasterly and easterly
direction. Our losses include Liout err
ants von ISstorlt and von lirl'fa and
two cavalrymen killed, Ueuiennnl
Rosenborg and live men sovereh
woilndofl and live men sligbtl
wounded.
"The enemy's loss has not. yet. been
luuMjrTalnod, bill was heavy, owing IS
the excellent effect of our artillery
llie
'Nothing new from Von (ilast napp's
Eastern division."
JIMINEZ IN NEW YORK.
Defeated Dominican Rebel Arrives In
United States.
New York. April \2. General Juan
J. Jhnine?., the febol leader who Ibd
from the victorious forces of Presl
dent Morales, arrived hero daring He
day on the steamer* Philadelphia fioni
Venezuela and Porto Hi' o. He i in
barked at San Juan. Jimlnez refused
to make any statement concerning hi:-
lnlended movemi'iits In this country
AGREEABLE TO RUSSIA.
Satisfaction Expressed Over Anglo
French Colonial Treaty.
Paris, April 12^-The Uus.--.ian am
bassador., M. NelldolT, acting on in-
BtructionH from Foreign Minister
~hrtrnsdor)f,- has expressedto-Fwu-d-K-n-
Mlnisler Deleasse tin satisfaction of
Russia at iho conclusion of the Anglo
French colonial treaty. This Is a
copied as Russia's answer to the re
ports that the ArrglOvFrench treaty
was Indirectly hostile to Russia. In
the course or an Interview M. NelUlOff
Is quoted as saying Hint M. Deleasse
ail vised "Film several weeks"'ago "TOTF
cerrdni Hie negotiations and the" au
thorities at Kt. Petersburg were kept
informed of the developments concern
lng Newfoundland,! Slam and some of
the other questions In vol veil.- M. Nell
doff Kald Russia had no Interest In
these questions as they have no inter
national importance, but concerning
Morocco and Egypt, the ambassador
continued, .Russia felii-ilnie France
on the"happy solution. He said:
"Wo are friends and allies of
France As friends wo rejoice al your
successes. As allies we _nre gratified
at this new guarai^ee of French
strength, rind security. We naturally
wish to See our ally as strong as pes
slble and with the least possible In
ternational Issues. Then-fore, as the
accord removes hitmerous vexations, it
Is most agreeable to Russia.",
Russians Pray for Victory.
Vladivostok, April 12.The churches
have been crowded in observance of
the Raster holidays, with people pray
lng for victory. Many of the Inhab
itants win, fled from Vladivostok to
Khabarovsk, Eastern Siberia, at the
outbreak of the war, are now return
ing Sere:
QUI-E-T- -IN--JEWI6H CE*ITERSr-
No Easter Disturbances Occur In Eu
copean Russia.
St. Petersburg, April 12.-The Asso
ciated Frcr.s is informed officially that
up to the present hour the government
has not received any advices of East
disturbances anywhere In European^
"ttUTTsTtnt'Mh\)U:lf- ijiiiet renins, accoru
ing to reports from all the Jewish cen
ters of population.
Found Dead in Bath Tub.
St. Paul, April 12. Flora K. von
Suessmlkh was drowned in a bath tub
at the Astoria hotel during the morn
ing. Apparently death was accidental.
It is supposed that the woman fainted
from weakness while in the tub and
was drowned. The woman was once
a prominent, society woman in DuLuth,
where her husband is a well known
ientist.
Lieutenant Parshall Dead.
Washington, April 12.Acting Adju
tant (Ieneral Hall is informed that Sec
ond Lieutenant Harry Parshall of the i
Twenty-second infantry died at Mara
hul, Mindanao, on the 8th irst., of
heart disease. Lieutenant Parshall i
was a native of Wisconsin and was
appointed from the ranks in. February,
'tuo _~ :.__
EIGH HOU BiffLE^oro Dignitary Declines to Hold
A Conference With Gen
eral Wood at Vicars.
SHARP FIGHTING REPORTED AT THE
WAR DEPARTMENT YESTERDAY.
Washington-. AprHH-?-.-The follow
ing "bulh-i in was posted at Hie. wai de
partment during the day:
''General Wood reports thai he in
vited the sultan of Taraca. to nc-i him
at Vicars on March 111 for consulta
tion ami that tlui-sultnn. refusal to
come and lnswad made oMen.uve lies
ifle |)reparations. Marching columns
from Matabui and Vicars left.' for the
scone on April 2. The Vicr,. column
was llrcd into all night ten miles fioni
Vicars ami one enlisted man was stnd-j
ously wouinleil. '1 lie Mavaiiaii column
was strongly resisie I nl tie- intuitu of
the Tarata rlvor, althonsb every el'-'
l'ort,w:is made lo accomplish a poaeS-]
ful iandiiig. Two ,nii: tod men were
sci'iou..)y woundC'l. Tire combined
lorct-s assembled in the vnllej on April
1 and a large n.umbei of 1M lie fin
lied cottas, cupit'd. were dosiroyed
from Apiii 1 to Apiil l-hy trtopr
then returned lo their proper stntious.
Newionii'. t'omp.inv K, Seventeenth
inlniiiry. and Wampler, Company 1
Twenty third Itifa'nlry, were killed..
'KV.TV efl'orl was uu'ob- 'to Urfnu
SEVENTY THOUSAND PRESENT.'
Pope Plus X. Celebrates His First^
Mass in St. Peter's.
Rome-, Apiil 12 -For tin- that timei
idiici- his coronation. Aug 1S03, tie' I
po|ie-_went lo St. Peter's to suy tuaa i
in ceiebratlon of the Ihirleeinb ceutefl/,
nial ol Si. Otegoly the Groat, who
died in Gti'-i A. D.
The Immense basilica of St. PeterJsH
was lillcd, more than 70.000 IH-ISUIIS
Celng present. On the pop.-'s express
recommendation the ancltghcc re-i
Iraimyl Horn applause or living out,
i oni'-ntlng themselves with the wav-,
lng of handkerchiefs.
FLOOD AT MONTREAL.
Thousands of People Forced to Flee
From Waters.
Montreal, April 12. ,Three thousarwil
persons in A'erdan, adj'oinini.' lie- we:,lj
era llniils o'r He- city of Montreal, are,
living In I lie upper- stories their'
bouses, while several thousand more
t Point St...'barb- uv in danger.
Trains from out of town points are
all delayed by the Hoods In the sin
rounding country. No lives have been
'rosF :_
Escaped Prisoner Suicides.
Abbcyville, Ala., Aiudl 12. Captain
W. W. Millikcn, who-was placed in
Jail here on the charge of assaulting
Miss Snyder of Uothan. broke jail dur
ing the day. ('"hiding be could not
escape he shot himself through the
heart, DOES NOT TEACH POLYGAMY.
President Smith Denies the Charges
Against Book of Mormons.
Kirtland, April 12 There wen-
1T200 people prt-settt at Sunday's reli
gious exorcises ol tie- Mfi first annual
corsl'erence of lie- !corg iiiiz inircji
Sr "JesiLS C'hrisj of Cutler Iav Haints,
now. in session ..a| (hi-: pl.n The
prirolpal sermon we by Pi'sid.ent
Joseph F. Smith The address was an
abb* n-vlew-of Vto'tnofi l-j'lrev of tllij
cent years and denial of Ihe i-hargfi
that the Hook of Momfioi [OSRies ot
advocates polygamy. The speaker
maintained thai the contrary was the
case, (hal He- RooTi of Mormon taught.
with the Hibb-. thai one husband
should have ore- wife and one wife one
husband.
Another able address was that by
Apostle Heman C. Smith of Lnistoni.
Iowa.
RACE WAR THREATENED.
Brother of Congressman Pinckuey
Murdered by Ncyio.
Houston, "few. AjjjFD 12. -Kepr.n-
frorn \V -!.l-.: .ix.iuri-vsiml4-
cate thai !,i. i lie.-, i
ow
ing lo the niurijtjr i .-o fjernpstead ol
Tucker Pihckhey. brother of t'ongress
man loFn I'Tr.--! nev or the Houston
district
Pit i knej an i i companiori were rid-'
,in^ by a v. h--n thy were
ttrcil tipoh W.lilli the dead man's1
body lay lu fro- of lie- hnreh _a_-ngij
gro. wiih i sbtitgun, re !e by and \rv\
formed the crowd thai ho did the!
shooting,.after which he disappeared.]
This nemo had a linger shot off, which
indicates that Pfnckney and his com
panion, whoso name is unknown, re
-turrtT^rneTTe.
GREATEST PRODUCER IN OHIO.
Monster Oil Well Struck Near Upper
Sandusky^
Upper Sandusky, O., April 12.A
monster oil well has been struck on
the farm of Albert Wright, just south
of this place. When the drill pene:
trated to the depth of nine feet in th
sand there was a terrific rush of oil
that went in a solid column over the
top 6! the del rick. .After the flow
had Continue! for hours the well was
finally brought under control. It is
estimated that in twenty-four hour?
the well flowed fully 2.00u barrels. It
Is believed to bo the- greatest protlitc
los oil well in Ohio.
TEN CENTS PER WEEK.
STANDS PAT
,\II Kfforts to Bring Moros to
Terms Peacefully Futile and
Force Xot Resorted to Until Last
Resort Was Effective.
A'o'-'W lerms peacefully, nut in eacn
instance our troops were attacked be
fore tiling ft shot ami force was only
use-.I when all peaceful methods failed
and Hie, eueiuv attacked us. The two.
Chiefs who have been at the bottom
of all the trouble on the east side o(
l.anao for two years are now in hiding
and they will t" arrested if possible.
(ieneral Wade, to whom General
Wood's report was made and who
tiaiisnriiie-l it to the department,- adds
that the conditions ih the Taraca val
ley for the Iri'i three months have
been smh as to render the above ac--
Hon absolutely necessary."
QN E MA N FATALL INJURED.
Collision of Automobile and Carriage
Wrecks Both Vehicles.
New York. April 12.-One man has
been probably fatally injured, another
seriously hurt, a horse killed and a
carriage and an automobile smashed In
a collision between a 2l-horsepowei
automobile and a carriage at Ocean
boitU-vartl and The Neck road, neat
Coi Island.
Tin automobile was in charge of
\,i!t:.mi
A stark "of Brooklyn. In
company with another man he was
running home from, Coney Island at.
the rale of ten miles an hour when the
blB machine suddenly collided headon
with a buggy carrying two Italian mer
chants from New York. Men. animate
and machine were thrown Into a heap.
The horsemen were injured most,
however, and one. whose skull was
crushed, probably will die. The auto
moblllsts were badly bruised and cut
and it was found necessary to kill the
horse. FOR MURDER OF MISS PACE.
JChaxlcs :U Tuciier-Arralgned In Qeurt
at Waltham, Mass.
Walt ham, Mass,. April ft.Charles
L, Tucker was arraigned here during
the day and formally charged with the
murder of Miss Mabel Page at West
Newton. He pleaded not guilty and
the case was continued until April 21.
Miss Page was stabbed to death In
her lioine" fit West Newton mt March
?,I. Tin-kef,'"WrTfrTS"a^foraterTaiiroad
employe, was arrested in connection
with the crime on April 4, but ap
parently establishing an alibi he= was
released. Ho was kept under sur
veillance, however, and was rearrest
ed at West Newton last Saturday.
__Woman Charged WithMurder.
WhccjlnK, W. Vra
April t2.Mrs.
Klla (Iraham ami Victoria Robinson
disagreed and quarreled "over the at
tentions Mr. Robinson, was. alleged- to
have lavished upon Mrs. Graham and
hi consequent.? Mrs. Robinson Is dead
and Mrs. Graham in jail charged
with murder with a revolver.
BRIEF BITS OF NEWS.
Henry C. Kumpf. three times mayoi
of Kansas City, died at his home there
Monday' of grippe, aged seventy-three
years.
The condition of winter--wheat 19
7r..r against 07.3 on April 1, 1903. The
condition of winter rye Is 82.3, against
97.9 last April.
The United States supreme court
has decided that books published
LpeHqdl^alIyM.
i:U|
are .not entitled- to. trans.
mission- through the mails as second
class mail matter.
Samuel Hoar, a distinguished law
yer and nephew of United States Sen
ator George F. Hoar, is dead at Con
cord. Mass.. of paralysis. He was
fifty-nine years old.
O. S. Kelly, millionaire manufac-
:titier.Js.jlead._.aL-Springfleld,-0^.^gd^ 1
efebty-two. Mr. Kelly has been for
years identified with the leading man*
ufacturlng interests in Springfield.
Jane Emery Searles Cogswell, wife
of General James Grant Wilson, th
author, is dead at her home In New
York city. She was a descendant oi
Mmc. Bayard, a sister of Governor
Peter Stuyvesant.
A notable decrease in the percentage:
of deaths in Chicago from nerroM
diseases ^suggests to the- health
partmeut that the high tension of life
in Chicago Is being lowered and thai
the people are returning to saner and
simpler monies of living.
MARKET QUOTATIONS.
Minneapolis Wheat.
Minneapolis, April 11. Wheat
May. 94^#94
Sc July. 94*i@943i
Sept.. 82"*c. On trackNo. 1 hard,
9n^a96'4ci No. Jl Northern. 95%Q:
95Tnc No. 2 Northara. 9%Ott9c.