The Madison daily leader. [volume], January 06, 1909, Image 1

About The Madison daily leader. [volume] (Madison, S.D.) 1890-current

Image provided by: South Dakota State Historical Society – State Archives

                
GOVERNMENT
LOSESAPPEAL
Supreme Court Will Not Re
new Oil Fine Case.
WRIT OF CERTIORARI ASKED
Attorney General Mad Petitioned the
Highest Court to Pass on Decision
of Court of Appeals Reversing Judge
Landis—Action of Supreme Tribunal
Leaves in Effect the Findings of the
Appellate Court.
Washington, Jan. 5.—The
1)00 fine case of the Standard Oil com
pany will not be reviewed by the su
preme court of the United States.
The decision of the court to this ef
fect was announced by Chief Justice
Puller. The case came to the court
an a petition filed by the government
asking the court in a petition for a
writ of certiorari to order up the rec
ord in the case for a review of the
decision of the United States circuit
court of appeals for the Seventh cir
cuit, by which Judge T-andis' original
decision imposing a fine of 129,000,000
against the Standard Oil company for
accepting rebates from the railroad
companies was reversed.
In the supreme court the case
turned largely upon the right of the
court to Interfere In view of the fact
that the case had been passed upon
by the court of appeals, the govern
ment contending for such privilege as
a right, while it was urged in behalf
of the oil company that the prece
dents were aM iisainrt such a proceed-
Right
mm4n
the baking
»10vv
We are in the Midst
of moving just now and while it is not pos
sible to settle in an hour yet "by many
hands work is made light" and we shall
soon be ready.
Our new fixtures are not here yet, but
they will be, and in the meantime we shall
use the old.
We shall be glad to see you and to serve
you in any of the several dedartments of
this store.
J. H. ANDERSON.
ing. The aviiuu o£ tile com i-oiiaii-i
ed in the announcement that the gov
ernment's petition would not be
granted. The effect of this announce
ment will be to leave standing the
decision of the court of appeals, which
was adverse to the government and
favorable to the company.
SHOW FAITH K BELIEF
Ten Converts Immersed in Icy Waters
of Lake Michigan.
St. Joseph, Mich., Jan. 5.—An act
of endurance, prompted by their sin
cere Christian belief as members of
the Church of God, wa» exemplified
In this city before a curious audience
of 1,000 people who were grouped
%bout on the snow and ice clad shores
•f Lake Michigan.
Rev. August F. Schmite, local pas
tor of the Church of God, marched
from the nearby beach, followed by
ten converts, ~ut over the ice fields
to a hole ii ice about a hundred
feet from short'. Rev. Mr. Schmitz
entered the ice chilled water by de
scending by the use of a ladder until
he stood up to his chest in the water,
Burrounded by small particles of float
ing ice. Each candidate was then in
Uirn led to the hole and baptized by
being fully submerged In the water
while In the arms of their leader.
IN FAVOR OF DEFENDANTS
Decision in Another Batch of Land
Fraud Cases.
Washington, Jan. 5.—The second
batch of cases before the supreme
court of the United States, involving
charges of defrauding the government
out of large tracts of public lands in
Colorado, was decided in favor of the
defendants. Quite a number of per
sons, including some men of prom
lnence, were involved. The specific
charge was that of conspiracy to de
fraud the government by conspiring
to enter timber lands under the tim
ber and coal act In exoesa
that is where Calumet
Baking Powder prove#
its superiority its
wonderful raising: power its never-failing abfttp
to produce the most delicious baking—and its
economy. In the baking—that is the only way
you can successfully test it and compare it with the
high price kinds. You cannot discredit
•tatements until you have tried
CALUMET
the only high grade baking powder selling at a moderate
cott. $1,000.00 is offered to anyone finding the leaat
trace of impurity, in the baking, caused by Calumet.
Ask your Grocer—and insist that you get CtluMl
Received Highest Award World's Pin
Fosd Exposition, Chicago, 1907.
at
permitted by that law.
.acreage
these
COURT ROLES OUT
CERTAIN QUESTIONS
No Unnecessary Scandal in Erb
Murder Cass.
Media, Pa., Jan. 5.—Judge Johnson,
in the trial of Mrs. M. Florence Erb
uid her sister, Mrs. Catherine Beisel,
tor the murder of Captain J. Clayton
Erb on Oct. 6 last, appears to be de
termined to keep out of the proceed
ings any unnecessary scandal not di
rectly bearing on the case. Mrs. Erb
was under cross-examination and Dis
trict Attorney MacDade continued his
examination in an attempt to break
down her story that she had been
cruelly treated by her husband. The
district attorney endeavored to find
out from the witness whether she had
lived with another man before she
went to "Red Gables," the Erb coun
try home, but the question was object
ed to by the defense. Mr. MacDado
said he asked the question because
the witness said she had stood for
Erb's treatment because she did not
want her mother to know of her rela
Lions with Erb. He wanted to show,
he said, that Mrs. Erb "could have
had no such twinges of conscience."
"I want to prove," he said, "that
3he was not the innocent she pictures
herself to have been, that she had no
reason for staying at "Red Gables'
and that, therefore, she could not
have been so cruelly treated as she
3ay8." The court, however, sustained
the objection.
Mrs. Erb denied having been unduly
familiar with certain men whose
names were not mentioned and said
she had fired a revolver out of a win
dow to scare Captain Erb from com
ing back to the house after he had
dragged her out of bed one morning.
INQUIRY CLOSELY GUARDED
Witnesses Divulging Secrets of Jury*
rsom to Be Prosecuted.
Chicago, Jan. 5.—With precautious
to safeguard its secrets redoubled the
federal grand jury resumed its inves
tigation of the relations between the
big meat packing establishments of
Chicago and the railroads. United
8tates District Attorney Sims is mak
ing every effort to keep details of the
inquiry quiet until results can be an
nounced officially. Witnesses were
carefully guarded by secret service
men and the district attorney stated
that he would demand jail sentences
for any witness who divulged the
secrets of the juryroom. He promised
Similar treatment to any one not au
thorized seeking to secure such Infor
mation from a witness.
Chinese Quarter Destroyed.
Cebu, Island of Cebu, Jan. 2.—A ma
jor portion of the Chinese quarter of
this city has been wiped out by five
Part of the foreign business district
also has been destroyed. The loss is
estimated at $250,000. Considerable
insurance was carried, but exclusively
|n British companies.
MADISON, SOI TH DAKOTA, WEDNESDAY, JANl'ARV 6, 1909
LAST MESSAGE
Cr
General ew of flMct of
Public Business.
RECOMMENDS MANY CHANGES
Payors Amendment of Several of the
Existing Statutes in Order to Make
Them More Effective—Rigid Econ
omy Necessary in Mak'ttg Appropri­
ations for State Institutions—Advo
cates Finishing New Capitol Before
Beginning Other Buildings.
Following Is a synopsis of the mes
sage of Hon. Coe I. Crawford, the re
tiring governor:
A report from the governor giving
s general review of the conduct of the
public business of the state since tne
adjournment of the tenth session of
the legislature on March 8, 1007, and
embodying suggestions and recom
mendations for consideration by the
eleventh session, now convened, is
herewith submitted to you.
In a young and rapidly growing com
monwealth like South Dakota, each
succeeding session of the legislature
Is pressed hard by the representatives
of its institutions and the growing de
mands of its officers, as well as by
the needs of its people, for increased
apropriations. Two years ago thy
i«glslature, in response to Insistent
and zealous appeals, based in most
oa--.es upon actual merit, increased the
appropriations considerably above
thos. made during the years preced
ing.
To provide (or the payment of the
general appropriations for ordinary
current expenses of the state adminis
tration, the slate board levied a state
tax of 2 mills In each of the years
1907 and 1908, and also levied an ad
ditional mill in 1907 and an additional
mill in 1008 to provide for deficiencies
In revenues and in 1907, as directed
the legislature, it levied l^i mills
for the installation of a twine plant
at the penitentiary, making the total
levy of state taxes for 1907, 4^4 mills,
and tor 190S, 3 mills. The end of the
fiscal year, June 30, 190S, shows an
In ct eased deficit which must be pro
vided for by a deficiency levy in 1909,
and it is the duty of this legislature
to firmly hold the appropriations
within a limit that will enable the
state to keep its expenditures within
its income and pay its outstanding
warrants.
Floating Debt Over (400,000.
The state treasurer's report shows
an increase in our floating indebted
ness during the year just closed of
|i'02.020.00. However, if the coming
WBbion will carefully consider all re
luests for new buildings and special
appropriations of all kinds, use a rea
sonable judgment for allowance for
maintenance, we shall, in a very short
time pay up all indebtedness and be
on a cash basis.
Besides the Indebtedness created
during the fiscal year, there are $250,
500 of revenue warrants outstanding,
bringing the total indebtedness of the
etate to over $400,000. These facts
should make it evident that strict
economy in the management of state
affairs Is necessary. Great care
should be taken that the appropria
tions do not exceed the state's rev
enue. This situation in our finances
is not an unusual one. It has fol
lowed every legislative session at
which special appropriations have
been made for new buildings.
Notwithstanding the fact that the
constitution has placed a firm limit
upon the levies which may be made
for state revenues, and notwithstand
ing the fact that only two years ago
liberal appropriations were made for
new buildings for the institutions, the
reports submitted to the governor for
the biennial period now ending, show
a list of new demands which the con
dition of the state finances makes it
Imperative to postpone. We cannot
and we must not undertake to do all
these things at once. The heads of the
several educational and penal and
charitable Institutions, including the
Soldiers' home and the boards of con
trol, recommend special appropriations
amounting in the aggregate to more
than $1,000,000, not Including the
amounts recommended by the state
capitol commission as necessary to
enable it to complete the erection,
furnishing and equipping of the fraJf
sompleted building.
Rigid Economy Necessary.
Do you not readily see how impos
sible it is to comply with these re
tuests?
In order that you may more fully
understand the necessity for the most
rigid economy and the paring down
of the appropriations. I will, in this
connection, submit a general state
ment in regard to the capitol build
ing project
The state capitol commission has
made a full and detailed report of its
BLOc«dlflSS. up to the under
the law, it was required to fife its re
port, Oct. 31, 1908. This report is one
of the most important documents you
will be called upon to consider and I
arnestly request that you give to it
}"ur best thought and attention. This
report shows that under the original
capitol building act, passed by tha
legislature of 1905, the first capitol
commission procured from a firm of
architects in Minneapolis plans and
specifications for the capitol building
and approved and accepted the same,
entering into a contract with the ar
chitects to supervise the erection of
the entire building. It built the foun
dation for the east wing, but did not
proceed further. The government of
the United States, in the enabling act
under which South Dakota was ad
mitted to the Union, granted to the
6tate 82,000 acres of land for the
erection of public buildings at the
capital. No restraint as to the time
these lands may be sold, the price, or
terms of sale, were imposed either in
the enabling act or in our constitu
tion. Their disposal was left entirely
within the power of the legislature.
The first capitol commission received
from the sale of lands and other
sources the cash sum of $102,101.77,
and it expended the sum of $17,695.94,
leaving in the hands of the state
treasurer $84,405.83. Besides this, it
had on hand $1,520.58 still in the
hands of county treasurers, and there
was due the further sum of $46,402.84
•n deferred payments.
The number of acres remaining un
sold when the present capitol building
commission was created was 69,380.48.
The legislature of 1907 amended
the act of 1905 by authorizing the
commission to enter into a contract
for the erection of the entire building
at a cost of not exceding $600,000, and
for the purpose of raising funds, the
amended act authorized the commis
ioner of schools and public lands to
sell and dispose of sufficient of the
lands until the sum raised by sales
and rentals, together with the amount
then in the treasury already realized
hom sales and rentals, or thereafter
received from sales and rentals there
tofore made, shall amount to
Work of Construction.
On June 4, 1907, the commission ac
cepted the bid of a contractor for the
erection of the building according to
the plans and specifications for $540,
552.00, the same to be completed on
or before July 1, 1910, and accepted
the bid of a Watertown, S. D., firm
for the construction of the heating
and plumbing for the sum of $38,000.
The building contractor began work
in July, 1907, and the construction
has been going on very satisfactorily
since then. The cornerstone was laid
oa June 25,1908. The building is now
quite far advanced, the walls have
been erected and the roof, with the
exception of the dome, in nearly all
on. The contractor expects to com
plete his contract by Jan. 1, 1910.
The present commissioner of school
and public lands has sold 27,950.67
acres, and his predecessor sold 12,
617.38 acres, making the total acres
sold 40,568.05, leaving unsold 41,431.93
acres of the public building lands. Ev
ery acre of these lands east of the
Missouri river has been sold. The
lands remaining are located in Fall
River, Pennington, Meade and Butte
counties.
The total amount received as pro
ceeds of the sales of the public build
ings lands is $403,707.92. The total
amount already paid out Is $293,195.10.
Balance of proceeds of sales, $110,
612.82. The resource* are, unsold
lands, 41,431.95 acres, available pro
ceeds of sales remaining, $110,512.82.
From these figures it will be seen
that it will take $200,000 more than
what has been realized from the lands
up to this time to pay the contractors
for the completion of their contracts.
Unsold Lands as Security.
Much of the land remaining unsold
oannot be sold at the present time
without great sacrifice because it is
located a long distance from the rail
road. The lands near the railroad
that could be sold would hardly real
ize more than $75,000, and in order
to enable the commission to pay the
sums necessary yet to be paid to the
contractors it will be necessary for
the legislature to continue the unused
appropriation of $200,000 of 1907 and
make the same available during the
years 1909 and 1910. The unsold
lands afford ample security for every
dollar required to be advanced by the
state and it is the plain duty of this
legislature to provide for the con
clusion of this unfinished work before
beginning new buildings at other
places.
Other expenses in completing the
capitol, aside from the contracts for
erection and heating and plumbing,
will total $204,000. This means that
the state must still raise an additional
sum of $100,000 to fully complete, fur
nish and equip the new capitol build
ing and fill up, grade and landscape
the grounds. For this purpose it still
owns 41,431 acres of land, most of
which cannot be sold for a number of
years without substantial loss. Tc
meet this emergency, the capitol com
mission recommends that the unused
appropriation of $200,000 from th«
general fund made by the legislature
of 1907 for the fiscal years 1908 and
1909, be reapproprlated by this legis
lature In exactly the same mannet
and made available for the fiscal years
1910 and 19it and further, that thl3
Continued on Fourth Page.
Tablets
CHAS. B. KENNEDY
COAL
School Supplies
Ink and Ruleffl
Pencil Erasers
Pens
Pencil Sharpeners
Drawing Pencils Penholders
Drawing Outfits Water Colors
Drawing Paper Colored Crayons
Many other Articles for School Use
are found at this Store.
We buy the Best Grades only and Students
are Assured of
Quality and Price Here
Jones Drug Co
CORNER DRUG STORE Phone 2160
Madison State Bank
MADISON, S. D.
FARM LOANS AT LOWEST POSSIBLE
RATES
PHONE 256
We handle only thf
best and deliver to
all parts of the at
JONES BROS. GRAIN CO.
Successor to Jones & Metcalf.
VAL BLATZ BREWING CO.
MILWAUKEE BEER
on draught at
FRED KURTH'S,
~DCNTISl~
C. KENNEDY,
Vice President
COAL
J. S. MURPHY,
HEAGNEY & MUNBQN®
Prioate stock, Wiener style, BotMe bfcflif'
at all Leading Saloons in the city*
L. J. AHMANN, Agents
DR. a V. GULST1NE, D"-
OfffctiePMlrffkcaifc UttBOK, S. DJttj AW**
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