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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* Candy Choice Chocolate Creams 25c to 40c per pound Men's Oxfords. Men's Patent Leather Oxfords, I)6ugksmake, $3,50 a pair MenWici Kid Oxfords, Douglas make, $3 a pair. Ladies' Shoes. ._.Xady..Elgin,^el^-s-best41^^ shoes. Romana, Selz's best $200 shoes. Miss Chicago, "Selz's best $2.50 shoes. Buster Collar Buster Tie The Little Buster Boy can be outfitted here. BusteTSmts pMto PXJO Buster Oxford Ties, patent leather, heavy soles 15c 2 DC $2.25 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. Wall Paper. We can furnish the paper for your house for less than you are asked elsewhere. 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.