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The Dickinson press. (Dickinson, Stark County, D.T. [i.e. N.D.]) 1883-1927, January 09, 1915, Image 1

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Judge Crawford Handed Down
Decision Monday Night.
Case Will Likely Be Ap
Flint Time Question Raised. If
Lower Court Not Affirmed
^Possible Trouble for Bow
man, Adams & Hettinger.
Judge W. C. Crawford has handed
down his decision in the Dunn county
seat matter in favor of Manning.
The decision of Judge Crawford is
b$sed on the fact that there is no
statutory provision governing the
permanent location of county seats
in cases where the county is organ
ized from unorganized territory. The
statute provides, in cases where the
county is organized from unorgan
ized territory, that the governor shall
fix the location of the temporary
county seat at the place petitioned for
by the greatest number of inhabi
tants. There is no specific provision
made in the statute for voting on the
permanent location of the county
seat after this is done, excepting the
general removal statute which re
quires two-thirds majority.. In cases
where the county is organized by di
vision from another organized county,
the governor -names the commission
ers and the commissioners designate
the temporary county seat. The
statute further provides that this
temporary county seat shall hold un
til the next general election when the
people shall vote on the proposition,
and the county seat shall be located
at the place where a majority of the
electors designate.
It is the contention of the Dunn
Center people that the same provision
should be read into the statute where
the county is organized from unor
ganized territory and that a majority
should rule. Judge Crawford in his
memorandum opinion says that the
matter will probably have to .be
passed on by the supreme court to
finally decide the question as the law
is ambiguous and not plain.
~~Judge Crawford is of the opinion
that it is better for, him to leave the
county seat at Manning and let the
case go up to the Supreme Court for
final decision than to grant the writ
and permit removal to Dunn Center
with a strong possibility of its being
moved back.
Adams, Bowman and Hettinger were
created in the same manner as Dunn
county and it has always been consid
ered that the county seats of these
counties were permanently located,
requiring a two-thirds vote to remove.
It is probable that a majority of the
counties of North. Dakota were cre
ated in the same manner as Dunn
In the case of division, as in Billings,
there is no question about the county
seat in the new county being tempo
rary until after the people have had
a vote on the matter, in which case a
majority vote governs.
It is likely that the Dunn county
question can be heard in supreme
court within a short time, as matters
of this kind are usually pushed
This is the first time that the point
at issue has ever been raised in the
Attorneys T. H. Pugh and Alf. O.
Nelson brought the action for Dunn
Center, while Attorneys W. F. Bur
nett and W. A. Cams defended the
This office is in receipt of the news
of the death in the N. P. hospital at
Tacoma, Sunday, December 27th, of
Michael J. Hanley. Mr. Hanley had,
the dispatches say, been ill several
weeks and submitted to an operation
December ,21st. His suffering was in-
tense until death came to his release.
-r Mr. Hanley was sixty-five years of
^jjjjfe&fe-.'age and was twice married. His first
wife died from an operation and some
three years ago he remarried. He
leaves besides the widow, six daugh
ters by, his first .wife, Mrs.- H. L.
Thompson, Mrs. A. E. 'Anderson,
Adelia, Edna, Charlotte aitd Doris,
v"" all of Tacoma.
The Hanleys w$re ^ly remdents
t' of Dickinson, coming here from Can
ada in 1882 Mr. Hanley's father-in
law, James Ferguson,- was a Bectioay
foreman here or near here and Mr.
Hanley was first employed on the
section. He soon took a position as
fireman but aft^r ^..^qyy-r jii 1883
or 1884 W®
line of work ania OTt«^ffi^ ^chihfi
west of Sentinel Butte.
The Hanleys erected the large rtesi-
opposite the PRESS building,
gg. M^Ginley, and
now the pwgsrty
startedr TOere tM Hoe1 diwve of trees
which is now such- an addition tothe
aIixteen years ago they ndwed /to
Tacoma, where Mr. Hanley still
worked for the Northern. Pacific, hav
ing bfeenjn the service of this, com
-two years.
The City Council met in regular
monthly Session at the city hall
Monday afternoon. The meeting was
an unusually quiet one, little being
done aside from hearing the regular
monthly reports of officers and com
mittees. The treasurer's report
showed that $5,660.97 had been re
ceived from the county as taxes for
the yeiar 1914 that $129.97 had been
turned into the library fund for the
maintainance of the public library
that the current expenses for Decem
ber were $1,526.37, the smallest
monthly expense the city has had for
a long time that the amount of
funds on hand the first of this month
was $37,652.12, of which $20,300 be
longs to the sinking fund and
$17,352.12 to the general fund.
On account of Dr. S. W. Bailey
moving from the fourth ward a va
cancy was made in the board of al
dermen. This was fiUed by the elec
tion by the council of J. R. Stewart
to fill the unexpired term. For sev
eral years Mr. Stewart had served' his
ward faithfully in the same capacity
and that he should again be chosen
speaks highly of his recognized abil
ity and of the esteem with which he
is held.
The clerk of the court requested
that 24 names of citizens be drawn
for the jury list. This was done at
this meeting. The question of bet
ter light for the city in place of the
arc lights was also taken up and re
ferred to Mayor White and. the elec
tric lighting committee which is made
up of Aldermen BereB, Beidler and
The second game between the High
School and the Alumni proved the
down fall of the latter, as the High
School had figured when they chal
lenged them for a return game.
Though the score was against the
High School in the first game they
felt that they had not been defeated,
and that they were capable of getting
the better of the old timers. A large
crowd was on hand to see the
youngsters triumphantly leave the
floor with the long end of the 26-21
score. Only once did the Alumni
show signs of taking the game, and
that was in the latter part of the
second half. Three of the All-Stars
which defeated Co. A of Bismarck
played again with the Alumni. This,
coupled with the fact that they de
feated the High School once, gave
them a little too much confidence.
When the High School took the lead
the Alumni were unable to get to
gether with their usual speed and
spirited playing. The teams were the
same as in the first game with the
exception of Watt Johnson, playing
guard in place of Vernon McCiutchan,
who was unable to play .being sick
with a bad throat. Watt played a
wonderfully good game, considering
that he had not participated in a
basketball contest for several years
The following is the line up of
players, the officials and the points
Soules rg
Johnson lg
McCutchan, Wm.
Richards, C. rf
Roquette If
High School
Erb, Capt.
Richards, F.
Umpire, C. J. Kunz Scorers, F. J.
Flury and H. P. Johnson Timekeeper,
Denver Berg.
Field goals, Soules four, McCut
cha^ 3, C. Richards 1-, Erb 1, Morri
son 3, F. Richards 6, Butler 3. Foul
goals, Roquette 5.
A quiet wedding occurred in the
little village of Sims, N. D., Thurs
day, December 24th, when Miss
Elizabeth Wang, daughter of Mrs. L.
N. Wang, was united in marriage to
Gordon Schaffner, only son of Mr.
and -Mrs. H. B. Schaffner of Glen
Laurel. Both these young people
are most favorably known in this sec
tion of the state.
The bride for the past few years
has been- in charge of the Hebron
telephone exchange and gave the
town first-class service. She made
many friends there, who were sorry
to see her leave when she gave up
her position a few weeks ago.
Gordon Schaffner is well known in
this city as he attended school here
for a number of years and made
Many friends. He has been associat
ed with- his father for the past few
Jje^rs in the live stock business at
Glett Laurel and now has some fine
horses and cattle of his own:
-lihe groom has erected a fine new
house on- Knife river, northwest of
OSebton, near his father hoihe, where
he-and his -bride started housekeeping
__ EShe PRESS joins with their many
friends in this section in wishing
tnem a happy -fuia' prosperous life-
f\The Mis
to have a
and to. rush-wo:
Tbe company
ice this season and will
700 tons up for other
ing Berringer Bros.
lard and Gem hotels.
iopg Ice Co., J. M.
crew on this week
the line.
1,800 tons of
While from east and west come re
ports of hard times—"no money and
no work"—around Dickinson there is
a great degree of prosperity in spite
of the hail storms of the summer.
Dickinson and the country tributary
does not have its eggs all in
basket and its revenues are from
various sources—grain and other ag
ricultural products, live stock, coal
and brick and the labor incident to
the handling of all these. The state
ments of the Dickinson and other
banks of this section are proof posi
tive of money in the country.
During the past year the output of
the two brick plants of this city
amounted to $50,000, while the coal
from two mines totalled $200,000
About 15,000 tons are consumed iq
this city alone.
Approximately 650,000 bushels of
grain, mostly wheat, Were marketed
here during the grain Se&son, Septem
ber 1st to January 1st and probably
50,000 bushels came in between Jan
uary 1st, 1914, and September,- mak
ing the year's total 700,000. The
average price was $1 per bushel so
the value of the grain crop is
$700,000. Had it not been for the
hail, there would have been fully
200,000 bushels more. Most of the
farmers carried insurance, however,
and with the good prices netted a
good average crop.
The Russell Miller Milling Co.
yearly about 1,000,000 bushels
of wheat and the Dickinson Roller
Mill Co. has a large custom trade.
Some 175 carloads of live stock
were billed out of Dickinson the past
year, made up of 30 cars of hogs,
worth $1,100 per car or $33,000, a few
of horses and the balance beef cattle,
representing $256,000 to our stock
growers. While cattle were going
out, some were coming in, the records
showing 65 carloads shipped in with
a value of $65,000. The demand for
milch cows and fine butcher stuff may
explain this.
Totalling the value of the products
given above—brick, coal, wheat and
live stock—gives $1,239,000, which
spells comfort and prosperity to the
people of Dickinson and the tributary
While the past year has not wit
nessed so extensive building in the
city as some previous years, yet the
showing is a good one, the fine new
Villard hotel being the largest invest
ment. Perhaps the greatest sign of
permanent prosperity is in the im
provement of the farm homes. Better
houses are being erected and com
modious barns, granaries and ma
chine sheds for the proper care of
live stock, storing the abundant crops
and protecting expensive farm ma
chinery from the waste of. the ele
Below we give a list of the build
ing our contractors have done the
past year, including the great num
ber of farm improvements:
Villard Hotel
Dix. Bottling Works (add).
Dix. Motor Car Co. (add). ..
Elk Theatre
Young Men's Club
Fisher School House
School House Dist. 1
New Hradec Church (add)
Dr. A. P. Nachtwey
S. Pribyl (add) ...........
H. Rase (add)
Jacob Reisenauet'
Matt Slban —.............
Alfred Skinner
C. H.- Starke (add). —-t
Jos. Stein ...
Ambrose Sticka
Ludwig. St&ka .....
Frank SvyM
F. A. Thompson
Peter _Walter ~~—. ir
Jaihn Wock .....—
TaL Koch J*
PSfgfeaffl •vr•• •"•.
PRODUCES $1,239,11 III YEAR 1914
Prosperous Year For City and Vicinity. Good Average Crops
and Fine Prices. Building General. Farms Being Improved
With Better Houses, Barns, Granaries and Sheds.
$ 75,000
Total $ 84,600
Dr. H. Anderson (add) $ 1,000
Anton Armburst 800
N- Bartell 1,000
Mrs.'Barten (add) 450
Benedictine Sisters 1,500
Jacob Billman 1,100
Clement Binstock 600
Louis Binstock 950
Joe Ceil 800
John Cro.teau 8,200
Mrs. 'B. Dehlinger 1,000
A. H. Deiters 5,200
A. H. Deiters 3,300
John Drinkenshu 700
John Dukart 300
Joseph Dvoray, Sr., 1,000
Elfstrom & Petricka 1,300
Wilson Eyer (add) 2,000
Ed. Fisher 2,000
J. B. Fisher 2,000
Wm. Fisher (add) 1,000
Frank J. Koch 1,800
Christian Krank 1,550
John Kuntz 1,200
Ed. Lenneville —.................... 1,000
H. Lefor 3,500
Frank Lish .... 1,500
J. A Mack ...... 3,000
Peter Metz •. 2,000
Total $ 88,900
Bart Adamski, granary $ 600
L. Adamski 900
Stephen Andor 400
J. Bretzlaff 300
Fred Deverke 700
Christ Eggert 2,000
J. C. Erly 600
Elfstrom & Petricka 400
Lawrence Frank 500
M. Frank 1,000
Stephen Frank 600
John Gulku 800
Jacob Herauf 500
Frank Johnson 800
Frank M. Kadermas 700
Vincent Kovash 2,200
M. L. McBride, also ma
chine shed 2,000
Louis Metz 400
Joseph Powlesh 1,300
John Ridl, Jr. 1,100
Anton Sadowsky 650
E. J. Scharf 700
Total $ 21,050
Grand Total $194,550
The board of Stark county com
missioners— D. Hughes, A. F.
Mischel and John Loh—met Monday
and organized by electing Delbert
Hughes as chairman. John J. Loh
qualified as the new member from the
Second district.
The board has been busy all the
week with the regular routine busi
ness and hoped to be able to adjourn
Friday evening.
H. A. Burgeson, the new state's
attorney, did not xeturn until Mon
day night, qualifying Tuesday morn
ing. J. P. Cain, the outgoing officer,
acted as legal adviser for the board
on Monday.
The 'Dickinson PRESS, Belfield
Times and Nord Dakota Herald were
selected as the official papers. The
bank depositories were designated
about the same as two years ago.
Attorney J. P. Cain and Dr. H. A.
Davis were appointed members of the
insanity board.
In response to numerous inquiries
that have come to this office in re
gard to a recent press notice that ap
peared in the local papers concerning
drawn and
poultry we
submit the following:
Experiments made by the govern
ment and by others have shown that,
if the poultry was badly drawn, its
keeping quality was lessened over
that of un-drawn poultry, in cold
storage but, if the poultry was well
drawn, there was practically no dif
ference between drawn and un-drawn
poultry as regards keeping quality.
Un-drawn poultry conflicts with
the pure food law inasmuch as this
law provides that food is adulterated
"if it consists wholly or in part of
diseased, decomposed, filthy, orsputrid
animal or vegetable substances."
Certainly when poultry is weighed
and sold with the intestines and crop
unremoved, it consists iii part of de
composed, filthy or putrid substance.
Further information regarding the
sale of undrawn poultry may be ob
tained from the Food Commissioner
of North Dakota.
Coach Edwin L. Carlson and his
basketball tossers leave this (Friday)
a'nnn afternoon
for Glendive, where_ the^
were to play a return game Friday.
The boys are all in fine condition and
should, make a good showing at the
Montana city. The Glendive boys
have been practicing faithfully and
may give the locals a surprise. A
better game will be put up by the
*£ei^dfv3 repr&entatives on their
homfe floor than the one played here
which was von by the locals, #1-7.
The squad consists of Captain Erb,
Hartonff, Morrison, Rase, Richards,
Butler and McCutchan.
At a late hour December 31st, Gov.
L. B. Hanna appointed E. P. Church,
W. C. Nearling and John F. Divine
commissioners for the new county of
Slope which was a victory for Ami
don as these men were pledged to
this place for temporary county seat.
Amidon is centrally located and
will eventually become a Milwaukee
town. The location will likely be
come permanent ai the next general
While there were some good points
in favor of Chalk Butte and Bessie
on the proposed Northern Pacific ex
tension, it is generally admitted that
the governor has made no mistake in
his appointment of Amidon men. It
was a victory for J. E. Phelan who
started a bank at Amidon nearly two
years ago.
The Slope County Abstract & Title
Co. of Amidon has been granted a
charter. George E. Burgess and John
G. Bryant of Medora and John
Koehane of Beach are the incorpora
A big bunch of Slope county
boosters met at Amidon Saturday
evening, the house of the Farm Lands
& Coal Co. being the place where
the first scene was staged. First on
the program was a fine turkey sup
per. After doing full justice to the
delicious viands, about sixty ad
journed to the hall when amid clouds
of smoke they talked things over. A
big dance at Midway the same night
kept many away, but as it was, the
meeting was a large and enthusiastic
one, the party including many who
had been at Bismarck—Peter Oberg,
Peter Hagenster, P. H. and F. W.
Rundle, Fred White and J. McCormick
from the east end, Att. Fleming from
the south and Banker Bronson of Ami
don. It was urged that there be a
fair division of the officers over the
As appointed, Commissioner
Church comes from the eastern third
of the county, Commissioner Near
ling from the center and Commis
sioner Devine from the west and the
commissioner districts will very likely
be fixed that way—nine townships in
the east, nine in the center and seven
in the west.
The commissioners of the new
county go to Bismarck Sunday to get
their authority from the governor.
There are about 75 who are willing
to serve the new county as officers
and the process of elimination may
not be an easy task.
Several have made application for
bank charters, among these was P.
H. Rundle of this city, who applied
for a charter for the State bank of
Amidon. Alf. White, also of this city,
is interested in this bank.
The annual meeting of the Congre
gational church Wednesday evening
was a very pleasant affair. The re
ports of the various officers and de
partments showed the church in the
best condition for many years, with
a balance in the several treasurers
and all bills paid. The Brotherhood
has 84 members the Ladies' Aid 72
the church 148.
Mrs. H. A. Davis had arranged a
fine musical program, the numbers
being given at intervals during the
business session.
The musical selections were: two
anthems, a piano duet by Mr. and
Mrs. Luithi, a trio by Mesdames Tol
lefson, Christiansen and Dinsdale and
vocal solos by Misses Ayers and
Butler, Mesdames Christiansen and
The officers elected are: T. H.
Pugh, clerk Harlan Reed, treasurer
O. J. Luithi, deacon Mrs. H. L.
Dickinson, deaconess B. H. Crawford,
trustee F.' G. Reed, superintendent
of Sunday School B. H. Crawford,
assistant superintendent Mrs. A. N.
Jefferies, secretary and treasurer.
A lunch and social hour followed
the business session.
Frank Dick of Belfield has brought
suit against Mr. Seidenberg, a gen
tleman from down east. It is over a
land transaction involving some
$10,000. Originally these men were
partners, buying' land at about $2 per
acre, Dick working the land and Seid
enberg furnishingjthe money for the
purchase price. They were to divide
profits, so Dick save, but later the
eastern man wanted a new deal and
got Dick to sign up some papers
which proved to be a contract to pur
chase at $21 per acre. L.
and T. H. Pugh are looking after
Dick's interest, while F. W. Ames, an
attorney of Mayville, appears for
Seidenberg. Mr. Ames is one of the
oldest practitioners of the state and
has resided at Mayville since 1888.
He was formerly supreme court re
This case was to have been tried
this .week, but Mr. Dick was recently
kicked by a horse and the same was
north of Belfield.
Forged Two Checks in October.
Came Back Monday to Get
$75 on Sam Rhoades' Name.
Had Money on Deposit in Lo
cal Bank Where He had
Forged Check for $59.80.
Peter Zakopiko gets five years in
the penitentiary for check forging.
About the 20th of October he forged
the name of Peter Fisher, a rancher,
for $59.80, and Lucas Adamski, a
farmer, for $62.35. The men whose
names were signed to the bad checks
live some distance from Dickinson
and it was some time before the
local receiving banks discovered what
had nappenea and consequently had
little chance of apprehending the
criminal who had passed the checks
through differet stores, the cashiers
of the respective places taking the
same to the bank on which drawn.
The imitation was fair and nothing
was known of the trick for some
Peter Zakopiko came to the city
again this week and boldly walked
into the Merchants National bank on
Monday and presented a check for
$75 purporting to have been ^iven by
Sam Rhoades to George Nickelson.
Sam Rhoades is a well-to-do stock
man northwest in the Mary country
but Andrew Erdahl, assistant cashier,
was suspicious of the signature and
passed it on to Cashier Wilson Eyer
who took Zakopiko to President W.
L. Richardes in the rear office. Mr.
Richards questioned him sharply and
was soon convinced that he was lying
and told him so. Zakopiko signed
his name before Mr. Richards as
John Warren. J. P. Cain, state's at
torney, was called at once and took
the forger in charge. He was un
able at first to get the sheriff or any
deputy and filled in himself, march
ing Zakopiko down the street to The
Fad, where he found Lewie Koste
lecky, who identified the man as the
person who passed a forged check
for $58.80 in their store in the fall.
This was the Fisher check drawn on
the Dakota National bank. Lewie
had seen the man at different times
around Dickinson. This was proof
enough for Mr. Cain, who commenced
to search the man and soon found
a Merchants National book contain
ing another $75 check, a duplicate of
the one offered at the bank less than
an hour before. The man wilted and
admitted everything. About this
time Deputy Sheriff Weiler appeared
and took Zakopiko to Mr. Cain's of
fice where a complaint was sworn out,
charging him with forgery in the sec
ond degree. Justice Walter Sterland
was called in and the man told the
justice that he was guilty and that he
did not need any attorney.
It was soon found that Zakopiko
had a deposit of $175 in the Dakota
National bank and he was asked to
sign up for $62.35 and $59.80 to cover
the checks which he forged in Octo
ber, but he declined to do this, say
ing that he already had checks out to
the amount of his balance. It was
explained to him that the first checks
presented for payment would be the
ones honored and that he could save
the expense of gamisheement by do
ing as suggested. Still he refused to
issue checks to cover up the forgeries
and the papers were served on him
while he was haggling over the mat
ter. He was taken to the Dakota
National and there saw that the of
ficers meant just what they had said
and he was glad to give checks and
stop further expense. In this way he
saved about $50 to apply on a check
given to Stephen Horst for $66.50,
who he claimed was very needed.
A Dakota National bank book
showed that Zakopiko had given Red
mond Murphy a check for $62.50 on
December 6th, and on December 26th
Mark Cavlin was given one for $21.88.
As nearly as could be learned Horst's
and the last two checks had not been
presented for payment. Zakopiko
elected to protect Horst, saying that
Murphy could probably get his horse
back and would be all right any way.
Sentence was passed by Judge W.
C. Crawford in the afternoon and
Deputy Ellis Hoist took Zakopiko to
Bismarck on Tuesday morning. Lit
tle could be found out about the
prisoner. He talks Russian and
claims to have been in this country
about four years. He is some 30
years old and probably has a home
stead out north. He worked for
Anton Amburst four months and has
a brother who is a homesteader in
the country north.
Attorney Cain seems to have made
a record on running down forgers
during his term of office. Craig "and
Bomgartner are serving time. Zak
piko is the third man landed in the
pen and Frahfc-Sunkh may be the
fourth. In addition to the above a
warrant is 6ut *or a fellow who was
passing forced checks only last week.
Waly Kalchenno came in from the
north with Zapoliko and was griev
ing the loss of a $2 check which he
jcduld not get cashed owing to the
fact that his late friend did not have
money enough to go round. Finally
Zapoliko assigned an order for four
quarts of whiskey which he had at
the express office and Waly felt all

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