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The pioneer express. [volume] (Pembina, Dakota [N.D.]) 1883-1928, January 31, 1908, Image 7

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iFrom Washburn to Painted Woods on
A large and enthusiastic meeting of
farmers and residents of Washburn
was held to consider the proposition
of forming a water users' association
for the purpose of obtaining funds
from the reclamation service for- the
irrigation of about 10,000 acres of
land along the Missouri river from
Washburn to Painted Woods.
W. H. Storrs, electrical engineer in
Trenton projects, and State Engineer
T. R. Atkinson addressed the meeting
as the principal speakers, and an
swered the many questions asked.
They showed the neople the benefits
to be derived from irrigation and the
best methods to pursue in order to
obtain funds from the reclamation
service to hasten the construction* of
:n irrigation plant.
State Enginesr Atkinson lias been
making preliminary surveys and plans
for the work during the past month,
nnd is pleased to note that the irriga
tion of tie tract is practically as
The development of the project will
mean a great deal not only to the
farmers who will receivc the water
on their land, but also to the two
counties and the state. It means that
abundant crops of all kinds will be
raised each year, and that alfalfa will
be grown to fatten our cattle at home.
A committee was appointed to or
ganize a water users' association for
the purpose of promoting the enter
prise, and the people of this section
believe that ultimately we will have a
more extensive enterprise than that
at Buford or Williston.
Held in Washburn Jail on a Serious
Chris and E. A. Bauer, farmers re
siding near Dogden, McLean county,
are in the county jail as a result of a
slashing and attempted shooting af
fray in the city of Dogden several
days since. The men are being held
for the next term of the district court,
bonds being fixed at $2,200, which
they have been unable to furnish.
The two men became somewhat
intoxicated at Dogden, when Ernest
Gilmore asked one of the brothers
for a small sum of mcney due him.
This started the trouble, the brothers
resenting the dunning and chasing
Gilmore to a local lawyer's office. The
Bauers remained on guard duty for
some time, a deputy sheriff Anally ar
riving and attempting to escort Gil
more from the place, but without suc
cess. Several other Dogden residents
then took' a hand in the matter, Ben
Niceolis being one of them. He at
tempted to keep the Bauers away,
when one of them drew a knife, giving
him a bad slash in the face.
The fight then became general,
finally resulting in the brothers be*
Ing overpowered and placed in jail.
Commissioner Gilbreath Plans Conven
tion for Discussion of Upper Mia*
sourl Improvement.
A big meeting in Bismarck soma
time in February, to promote state
interest in the proposed development
of navigation on the upper Missouri
river, is the Idea of Commissioner Gil
Jireath of the state department of
agriculture and labor and president
of the State Beal Estate Men's asso
Gov. Burke has become Interested,
and efforts will be made to obtain the
attendance of several governors of
other states, including possibly Hoch
of Kansas, Crawford of South Dakota
an'd Cummins of Iowa. Old-time river
men who have served on the Missouri
for thirty or forty years will be pres
ent, and it is hoped that much valua
ble information may be gathered for
the purpose of attracting attention
to the possibilities of the upper Mis
souri. Calls for the meeting will
probably soon be issued.
Bursting of Water Pipe Send Iron In
to Men's Face.
Four Great Northern employes were
hurt seriously when a four-inch water
pipe burst at Minot. The men were
working in- the vicinity of the pipe
when it broke into many pieces,
which struck them. Too much pres
sure was put on the pipes, it Is be
lieved, and the foot valve did not
work properly. The injured:
Jerry LaDuc, ankle broken.
William Mclntyre, leg broken.
A. Duffy, arm and .shoulder broken.
A. Pafeiilldlc, a Jap, Wg broken.
The men Were taken to a hospital
at once.
Engineers Are Becking to Find Place
to .Build a Bridge.
The- Northern Pacific engineers
have finished/ surveying on the south
side of the river, and are now 'Bound
ing the riyer about. two miles below
•J- Williston for a bridge^ They want to
locate- a good coal vein, In order to.
:^haV^ a firm foundation for pie bridge.
the rlverbottom is clay of a shifty
V? character it would be almost lmpossl-
|ble to build a bridge unless a coal
,„ivein is 'located.
& &
\l *r
0, fcv
Gov. Blirke. Has Glvdn Out List pf
Appointees for New Coupty.
Gov. Burke has appointed county
officers for the newly organized .coun
ty of Dunn, north of Stark county.
The officers appointed are as follows:
County auditor, T. R. Evans regis
ter of deeds, Jerry Palmer clerk of
lourts, T. F. Murtha county judge,
dharles Bugbee state's attorney, F.
3. McCurdy sheriff, Robert Wilcox
aounty treasurer, W. P. Owen super
intendent of schools, C. L. Melby pub
'ic administrator, Thomas Bailey sur
veyor, T. G. Saunders coroner, Dr.
3ailey county commissioners, Vin
jent Kovash, Win. Connolly, L. L.
Lewis justices of the peace, Antone
Ladowsky, H. Sieverts, Ole Peterson,
?. A. Little constables, Ole Kyseth,
Edward Boe, M. J. Johnson.
While the county seat has not yet
been designated, it will probably be
'ocated at Manning, a town named
after Mayor Manning of Dickinson.
This is the fourth county organized
during Gov. Burke's administration,
and is the last of North Dakota's: utt!
organized counties. Most of the ap
pointees are old timers and ranchers
who understand the country and
needs of the people thoroughly. Or
ganization will soon be effected, and
in the selection of Manning as the
name of the county seat an honor has
been paid to one of the old land marks
of the Missouri slope, formerly of
Burleigh county, but now mayor
Prosecution Moves Dismissal for Some
Unknown Reason.
The case of the state against O. O.
Adams, which has ibeen on trial In
the district court at Minot, came to
an abrupt and wfiolly unexpected ter
mination, when after the evidence
of the state had been concluded, the
state resting, the defense without in
troducing a word of evidence also
resting, the state's attorney from
Ward county, after consideration,
moved a dismissal of the action. The
grounds f^r dismissing the case were
not stated, but it is presumed to be
dtie to the fact that a vital piece of
evidence had been thoughtlessly left
out—that while the matter had been
talked about, shown in court, and tes
timony concerning it taken, the ex
hibit itself had not been formally in
troduced In evidence. It is saiid that
the evidence against Adams was quite
strong, showing that there Was rea
sonable grounds to believe he was
guilty of obtaining money under false
pretenses as charged. The dismissal
of the case was followed by his dis
cbarge from custody. Attorneys for
the defendant claim that their client
cannot again be arrested on this
Man Arrested at Minot Wanted for
Running a Whisky Still.
Sheriff Lee went to Stanley and re
arrested Zfib Smith, who was in jail
at Minot last week on the charge of
shooting at a constable. It was dis
covered that Smith was wanted on
the charge of running a whisky still
in North Carolina. Smith, however,
got word of the deal and went to Can
ada, where he was caught this after
Burke and Gibbons, the alleged box
car robbers, pleaded guilty In the dis
trict court.
Boy Criminals Under |200 Bonds.
Zeb and Frank Smith, the Stanley
boys, charged .with holding officers
of that city at bay and with firing
several dhots at Constable Miley, ap
peared before Judge Murray at Minot.
He Informed them of their rights un
der. the statute, and they chose a con
tinuance. In the' meantime they will
engage an attorney. It is not known
whether or not they will fight the
Homesteader's Entry Application
Upheld at Washington.
Melvin A. Gunderson has won his
suit for a $5,000 quarter section of
land located near Aneta, and, after a
prolonged contest with the Northern
Pacific railway, the decision is handed
down by the interior department at
Judge Amidon last spring canceled
the patent issued to the heirs of Lars
M. Holland and the Northern Pacific
railway immediately afterward ap
plied to the Devils Lake land office
to scrip the tract. This application
was made before the commissioner
of the land office had formally opened
the land to entry. On the day the
quarter was opened to entry and no
tice to the effect was sent to Devils
Lake, Gunderson filed his application
and a contest was on ^between him
and thp railway company. The Dev
ils Lake land office rejected the North
ern Pacific's entry and suspended that
of Gunderson. Both appealed to the
department at Washington.
The commissioner of the general
land office decided in favor of Gunder
son, holding that upon the cancella
tion of a patent by the United States
courts the land does not become sub
ject to entry as homestead land until
the department of the interior has
acted on the decision and reopened
the land to entry.
The supreme court of North Dakota
has handed down the following decis
ions in the case against ^^Minneapo
lis & Northern Elevatorfipomphny:
The State of North Dakota, Respond
ent, vs. Minneapolis & Northern El
evator Company, Appellant. (Two
cases, on.e involving, a shipment to
Duluth, Minn., and one a shipment
to Anoka, Minn.)
Duluth Case—
1. Chapter 113 of the Laws of 1S07,
which is entitled "An act requiring el
evator certificates of inspection and
weighmaster's certificate of weight to
the local buyer," and which provides
for the return of such certificates by
the elevator companies, etc., to their
local agents, and also that the latter
shall post the same in a conspicuous
place in the elevators, does not contra
vene section 61 of the state Constitu
tion which requires that no bill shall
embrace more than one subject, which
shall be expressed in its title. The
subject^ or object of the act is to fur
nish information to the public of the
facts which such official certificates
will impart, and the provisions of sec
tion 2, requiring local agents to post
such certificate in their elevators are
germane to the provisions of section 1,
and hence to the subject embraced in
the title of the act.
2. Such act is not vulnerable to the
objection that it contravenes the pro
visions of the Interstate commerce
clause of the federal constitution, as
its operation will not directly or re
motely interfere with interstate com
merce, but its enactment is a legiti
mate exercise of -the police power of
the state.
3. Appellant's contention that the
law is void because it attempts to
make acts or omissions committed in
a foreign state a crime in this state,
is not sustained. The conditions on
which foreign corporations are per
mitted to do business in this state are
within the legitimate power of the
state to prescribe, and defendant cor
poration, having been authorized to
transact business in this state, is
amenable to its laws enacted under its
police powers to the same extent as
its citizens.
(Syllabus by the Court.)
Appeal from the district court of
Cass county Hon. Charles A. Pollock,
T. F. McCue, attorney general R,
N. Stevens, assistant attorney general
W. H. Barnett, state's attorney Seth
Richardson, assistant state's attorney,
for respondent.
Ball, Watson, Young & Hardy, for
Judgment affirmed. Opinion by
Fisk, J. All concur.
Per Curiam. This is a companion
case to State vs. Minneapolis & North
ern Elevator Co., just decided by this
court. The facts differ from that case
•only as to the place of the shipment
and sale of the grain. As alleg
ed in the information, the shipment
was made to and the grain sold at
Anoka, in the State of Minnesota, and
that under the law of that state pro
viding for the official inspection and
weighing of grain no provision is made
for the official inspecting or weighing
of grain at said place. Following the
construction of chapter 113, Laws of
1907, adopted in the recent case above
referred to, we hold that the facts al
leged in the information do not state
a public offense under said act. The
judgment is therefore reversed and
Adair,s Man
Act RequiringReturnofGertif totes to lock! Buyers is Valid
—Appellant's Contention That the Law Is Void Because
It Attempts to Make Acts ojr- Omissions Comntitted in a
Foreign Stute a Crime Is Not Sustained.
(Anoka Case Same title as Duluth
Is Awarded Homestead on
Which He Had Lived for Years.
Alfred Aronson has been awarded a
claim near Adams after one of the
most peculiar contests on record. Ar
onson bought the land from the heirs
of Carl Anderson, deceased, and made
a number of improvements on it and
Its value at the present time is $8,000.
Last summer Aronson discovered that
as the young womau who made final
proof oh lie claim had never become a
naturalized citizen the general land of
fice at Washington was about to can
cel the final/proof and leave the land
open to be filed on by any one who
chose to take it.
There were two ways left for Aron
son to get the land. One was to con
test it and the other was to have a
bill passed by congress giving him a
title. He decided a contest would be
the surest and quickest method.
Aronson's attorney, J. B. Wineman,
has received notice from Washington
that the government had decided in
favor of AronBbn and he will be
obliged to live five years on the land
before he can make final prpof, unless
he should care to commute.
Husband Doesn't Like Silence and He
Gets Divorce.
In the district court at Grand Forks
LOUHS P. Tangen was granted a'di
vorce from Augusta Tangen. It was
alleged that the defendant had an unT
governable temper, was abusive at
times and at times would sulk and
would refrain from talking to him for
a month at a time. The husband de
clared Ole Grqnna and Nels Nelson,
both residents of Northwood, helped to
break up his home. ,,
the district court is directed to dis
miss the action.
Appeal from the district court of
Cass county Hon. C. A. Pollock,
Children's Home 8ociety Contesting Ef
fort of. Woman to Recover Offspring.
Jiildge L. H. Hassell, at Grand ForkB,
overruled the demurrer of the North
Dakota Children's Home society in the
case brought by Mrs. Eliza Carlson of
ftelson county, for the recovery of her
children. Attorney E. H. Wright of
Fargo, interposed the demurrer on the
ground that the probate court had no
jurisdiction in the case. Following
the overruling of the demurrer At
torney Wright filed an answer in be
half of the Home society. In this an
swer the whereabouts of the three
children, so far kept a secret from the
mother, was disclosed. Mabel, the old
est, aged 15 years, is at the home of
E. H. Hura, at Hurdsfield, Wells coun
ty, where she has a beautiful home,
with all modern conveniences and com
forts, and where, according to Attorney
Wright, she is contented and happy to
remain. Albert is at the home of Mr.
and Mrs. Charles Ode, Monoken, Bur
leigh county. Francis, the other boy,
has been legally adopted by William
M. Davis of Perth, Towner county.
Mabel and Albert have not been legal
ly adopted. They are out under a
contract with the Children's Home so
F. D. Hall, superintendent of the
Children's Home society, and Miss A.
B. Thompson, traveling district in
spector, were present during the court
The evidence which had been taken
at a hearing at Lakota a few weeks
ago, was submitted on behalf of the
plaintiff, Mrs. Carlson, and after the
answer had been filed by the Home
society, Attorney Wright asked for
time in which to get witnesses for a
further hearing. Judge Hassell set
March 18, as the date for the hearing
and an adjournment was taken to that
According to Attorney Wright the
case will be carried to the district
court and supreme court in case the
decision is unfavorable to the Home
society. He believes there is a great
principle involved, and if it should be
decided that parents can regain con
trol of children after they have been
adjudged unfit to care for them it will
greatly hamper the work of the socie
ty. It is his contention that it would
mean disappointment to the children
and the people who have adopted
them, to allow them to be returned to
the home of the mother in Nelson
county, where the comforts are far in
ferior to those in the homes the chil
dren now occupy. Carlson, stepfathef
of the children, is poor. He owns a
qtiarter section of land'on which is lo
cated a residence, not any too com
fortable, and which will be badly
crowded if the children are allowed to
return home, the Home)society assert
ed. It is located two miles from a
country school, and the educational ad
vantages are vastly inferior to those
now enjoyed by the children.
Miss Mabel will attend a normal
school next year, if left to the Hurds,
it is stated. She has been given a fine
education and has enjoyed all the ad
vantages possible for a young lady of
that section of the state. Music has
been included in her accomplishments.
The Home society insists that it would
be a cruel and inhuman proceeding to
return her to her home at this time.
Insurance Commissioner Cites "The
Homesteader" to Show Cause.
Insurance Commissioner E. C. Coop
er of the state department has cited
"The Homesteader" of Des Moines,
Iowa, to appear nnd show cause why
their permit to do a fraternal insur
ance business in North Dakota should
not be canceled. The date of the hear
ing has not been fixed. The applica
tion for the cancellation of the permit
is made by Attorney George A. Bangs,
who sets forth that the assessment
rates do not meet with the require
ments of the state, and quotes an actu
ary to the effect that the rates are
"essentially fraudulent." The society
has a lodge in Grand Forks and other
points in North Dakota.
Pleas of not guilty to charges of plot
ting to commit arson were entered by
C. Dahl, A. E. Thompson and John
Rudsell, when the men were arraigned
before Judge Cowan at Devils Lake.
These three men were arrested on in
formation furnished by a man who
claims to have overheard a certain con
versation between two of the defend
ants while laying plans to start a big
fire, the object in view being the burn
ing of the I-X-L store.
A verdict was returned in the dis
trict court at Fargo which finds Clay.
ton Rhoades guilty of rape in the first
degree. The accused man was up for
a crime whfeh was committed about a
month ago. He is an operator at the tising the state.
Western Union and was well thought!
ot. The complaining witness was a' President Stewart of"the American
several hours. ten by the limb of the law. •••••••,
Underwood- gets a rural mall route
Stutsman county has some wheat
The Devils Lake schools are over
Minoters are looking for the big road
to the gulf. .'
Gophers are playing in the sunshine
at Goodrich.
The school enrollment at Minot now
exceeds 1,000.
Up at Grand Forks the gas question
is the big issue.
Some fine brick clay has been found
near Bismarck.
This has been an ideal winter for
the homesteaders.
Ray Harrington's home near Center
was destroyed by fire.
The Gargrave residence at Aneta
was destroyed by fire.
There is a row at Anamoose over
telephone connections.
Company of Grafton is to have a
strong basketball team.
The electric light plant at Hope may
be in operation by Feb. 1.
The people of Mercer don't favor di
vision of McLean county.
Grano had a big meeting of the
American Society of Equity.
The farming community around
Moffit is developing in good shape.
The Mandan curfew whistle is so
husky it can be heard in Bismarck.
Mandan expects a big crowd at the
shooting tournament to be held there
in June.
The elevator burned at Kenaston
belonged to W, S. Young, a former
Trappers are making a good thing
of the business in many sections of
the state.
There is some agitation for the cre
ation of anew judicial district out of
the Fifth.
Candidates for county offices are an«
nouncing themselves in many parts is
the state.
The floor fell out of the waiting room
1 at the ice rink at Rugby and caused
some excitement.
Mr. and Mrs. William Wentzel of
Glenullin died within twenty-four
hours of each other.
The people of Kindred entertained
the Red River Valley Business Men's
association last week.
A Bismarck boy carried a newdle
around in his side till the doctors got
•busy and extracted it.
Blind pig spotting is not a lucrative
business in North Dakota under the
supreme court ruling.
McKenzie county is coming to the
front. At Shafer new boxes are being
placed in the postoffice.
The Krueger brothers, charged with
meat stealing, were held under $800
bonds at New Rockford.
C. K. Von Nieda of Minot has dis
posed of his investment company and
will locate on the coast.
The office of register of deeds is
getting to be a profitable source oi
revenue in many counties.
An insane man was arrested at
Churches Ferry while roaming the
country carrying a loaded gun.
The Valley City normal shows an
increased enrollment of 20 per cent
over the same period a year ago.
The people of Minot do not propose
to give a street railway franchise to
an organization that doesn't mean
The youngest deputy county official
in the state has resigned. He was
Hubert Rothgren of Towner and had
been deputy treasurer, though only
There is some soreness at Wilton
because the people of Milton want the
Wilt'onites to change the name of their
town. There is more or less confusion
over the names.
Farmers have been buying short on
machinery for some years and the im
plement dealers ..anticipate a big trade
this year.
Commissioner of Agriculture Gil
breath gives an illustration of the
proper use of printer's ink for adver-
waitress in a restaurant who claimed Briquette company at Williston, is to if^. _T *n* *nole of Gr^at Britain.
Rhoades used a revolver in accomplish- sue a Williston attorney for damages POWtotlpn of about 48.00*,.
ing the assault. The jury deliberated 'n
Attempt Made to BI«w. Uf Boarfciif
Near HibMif^-&4spect /.' ..
if' Afflict.
.• .pv,-/,1
Duluth, Minn., Jan. 28.—Another dy
namite outrage was discovered and
made public yesterday, and Nick
Brickirch was arrested at Hibbing, ac
cused of having attempted to blow up
a boarding house conducted by Matt1
Kronic, near Hibbing. Kronic staled
that the attempt was made Thursday
night. Friday morning he says be
found the banking about the house
torn up and a space under the house
large enough for a man to get
through. Upon investigatUn he found
a fuse partly burned leading to a bag
in which were four sticks of dynamite,
and beside it were unburned matches.
Kronic suspects Brickirch of the deed
for two reasons. For some time prior
to last October Brickirch had been
employed under Kronic, but had been
discharged. Since then Kronic says
he has been having trouble with him.
A few days prior to the outrage
Brickirch had a suit of underwear,
identical with that wrapped about the
dynamite, washed at the Kronic house,
according to the latter. A hearing in
the case will be held at Hibbing to
Tragic Case in Destitute Family Re
ported at Deadwood.
Deadwood, S. D., Jan. 28.—One of
the most tragic cases with which the
city has ever had to deal came to
light with the discovery of the dead
body of the baby of Mr. and Mrs.
Frank Murchaa, ignorant Polanders,
who but recently came here from the
old country. The Murchaas were dea
titute and without friends when Mrs.
Murchaa gave birth to a child, which
soon died from impoverishment, while
the fatlier was away hunting for
work. The woman was given care just
in time to save her life and that of
another young child.
Italian Sentenced to Montana Peniten
Billings, Mont., Jan. 28. Robert
Vanella, convicted of murder in the
second degree, was sentehced to fifty
years in the penitentiary by Judge
Fox. Vanella was convicted of killing
Raffael Orisio in a house in South
Billings several weks ago. Both Va
nella and his victims were Italians.
Attempts to Destroy Blind Man's Prop
erty Arouses Residents.
La Crosse, Wis., Jan 28.—Two at
tempts in three days of incendiaries
to destroy the stable and property of
Herbert Coolidge, a blind man, has
aroused residents of the North side
until an organized hunt for the fire
bug has been started. Other fires are
charged to the incendiary.
Car With 500 Pounds of Dynamite
Blows Up.
Des Moines, Jan. 28.—Five hundred
pounds of dynamite in a box car at
the mining town of Hocking, two
miles from Albia, exploded during a
fire which started in the company's
store and five men were injured and
worth of property destroyed.
City Lockup Has No Bed and Not
Much to F?t.
Chippewa Falls, Wis., Jan. 28.—To
teach the tramp fraternity a lesson to
stay away from this city, Judge Jen
kins has sentenced Manley Lindsay
to thirty days in the city lockup. The
lockup contains no bed or bedclothing
and is provided with very little heat.
The meals are iheager.
Believed to Be Olaf Anderson
Killed Near Fargo.
Fargo, N. D.. Jan. 28.—A man sup
posed to be Olaf Anderson was horri
bly mangled on the Northern Pacific
railroad, between Fargo and Dilworth,
Minn. The body was entirely dismem
bered, every limb being cut off. It is
claimed he had been stealing a ride.
High School Student Sends Bullet Into
Her Brain.
Minneapolis, Jan. 28.—With appar
ently no motive for taking her own
life, Eleanor Priebe, a sixteen-year-old
student of the North side high school,
sent a bullet crashing into her brain
at the home of her parents, dying al
most instantly.
Burns to Death in Well.
North Platte, Neb., Jan. 28.—James
Thomas, a farmer near here, descend
ed a shallow well to thaw out some
pipes. His clothing caught from the
blaze. He could not reach the top,
and was burned to death.
Thieves Take Furs.
Tyler, Minn., Jan. 28.—Magandy 4k
Rasmussen, butchers, were robbed o(
$75 worth of furs, consisting of 290
muskrat skins and eight mink. The
burglar is believed to have been hid
ing under a counter.
vvM ./-aiehep Kept BiHy.
The Bptaopid bishop of Loekatnr
libel suit because of a letter writ-1« whom only. 102,000 an Chft^

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