davidaulloa/AmericanStories huggingface dataset:
The Hope pioneer. [volume] (Hope, N.D.) 1882-1964, 1884-09-26
THE CAPITAL DECISION.
The Supreme Court of Dakota
Decides That the Capital Shall
Remain at Bismarck.

YANKToN, Sept. 20.-The following Is a syn
opsis of the majority opinion Of the supreme
court Of Dakota in the case of the territory
against the capital commissioners, involving
tho location of the seat of government. Tho
opinion is written by Justice Church, of the
Deadwood district, and covers sixty-three
pages of closely written legal cap. Justice
Church is sustained in the ruling by Justices
Hudson and Palmer, Justice Edgerton dissent
ing.
This was an action in the nature of proceed
ings Of quo warranto brought to prevent the
defendants from exercising certain duties as
commissioners for selecting the site for the
permanent seat Of government and erecting the
capital building Of the territory Of Dakota, I'm.
der appointment Of all act of legislature of the
territory, approved March s, 1883. All the
questions involved ara discussed by Justice
Church and the authorities cited in defense
thereof. He concludes as follows:
Our conclusion is that the provisions Of this
act for the selection by commissioners of a
suitable location for the seat of government
buildings and improvements, are lawful and
proper exercise Of legislative authority, and
that the act in question Is in this respect valid
and operative.
The remaining question Is az to whether the
designation Of the commissioners by name in
the act itself was lawful. The duties of these
commissioners are OF the most temporary char
acter. Their functions wholly cease with tho
completion Of these duties, and we do not
think they can be regarded as officers within
the meaning of the section of tho organic act
referred to.
III conclusion Justice Church says:
The Importance which has been given to this
case by the acrimonious contest over the re-
mOval and relocation of the capital, and the
general Interest with which tho decision of this
court was awaited, has suggested the belief that
such presentation Of the legal principles upon
which our judgment is based a. would render
them measuraby clear to popular comprehen-
sion, would perhaps lie anticipated and indeed
1t We're we'll II our citizens generally were bet
ter acquainted with the resources and extent
Of their political powers. These considerations
have led to somewhat more extended exposi-
ton Of our views, to fuller quotations from the
preeedents cited than we should otherwise
have deemed necessary; since we regard the
questions presented, when viewed in their true
aspect, as free from any considerable legal diff
ficulties and have 10 hesitation in declaring
that i'll our opinion the appellants are lawfully
| entitled to exercise the duties of their appoint
ment under the act in question.
The Judgment of the district court must
therefore be reversed and judgment given by
that court for the appellants upon pleadings.
The Hope pioneer. [volume] (Hope, N.D.) 1882-1964, 1884-09-26

besides it almost completely destroys its
strength. As to length of time it should re-.
main IN the shock beforefore stacking, this de-
pends greatly upon the state OF the weather.
If the weather is dry, four or five days is as
long as it should be exposed to the hot sun;
but if the weather is damp, it must not be put
in stack until the blades on the stalk are per-
fectly dry. 1t Is not the stalk that molds in the
stack, but the blades and roots that cover the
stalk.
As to the length Of time necessary for wheat
to go through the sweat in the stack, will
say this depends greatly upon the state of tho
weather. II tho weather is very dry and tho
wheat dry whom put in the stack, it will not
commence the sweat rs early a. it will in damp
weather. 1t generally takes from three to five
weeks for it to get through the sweat after it
commences. I am very much opposed to
threshing wheat out Ut the shock 1t will go
through the sweat whether in stack, bin or in
the flour. am satisfied that there is more
wheat spoiled by threshing out Of the shock
and binning it up in this green condition than
by all other means combined.-Er.
The Hope pioneer. [volume] (Hope, N.D.) 1882-1964, 1884-09-26
Treatment OF Wheat.

w. S. judd Of the FairveW farm, favored
us with the following production on the treat
ment OF heat, which will be found Of much
interest to the farmers Of this section Of the
country:
Several farmers in western Missouri recent
ly asked Mr.. R. T. Davis, prominent miller
Of st. Joseph, to answer the following inQuir-
les:
Should wheat so through the sweat in the
stack, OF should it he threslled from the shock
and go through the sweat in tho bin Or grana-
~? Which 10 the most favorable for the best
quality Of wheat for market and milling pur-
poses? Also at what stage Of ripeness should
wheat be harvested? How long should it re-
main in tho shock before stacking OR threshng?
Does not the sun, with or without rain, inigre
wheat while standing, or while in shock by
bleaching?
He replied to their inquiries as follows: My
experience in handling wheat is that there is
great danger in cutting when too green; also
danger in letting 1t stand too long. Wheat
ripens from tho core Of the grain out, and if
cut when the grain is in milk, next to the bran
Of the grain, the milky substance will recede
and the bran settle back to that portion of the
berry that has matured; consequently the grain
will he shriveled and the bran heavy from the
milk adhering to it. But if harvested when
the substance next to the bran is in a doughy
state, the grain will not diminish, but retain
Its full size and tie substance then left in the
stalk will continue TO flow to the head and
thoroughly mature the grain after being put in
stack.
This reaction Of new life, as it may be called,
in the stalk generally sets in about ten days
after the wheat is put in tho stack, and is
called by the farmers sin the sweat" which
causes a great change in the grain. It fills
out to the full size Of tho formation OF the ber-
ry and changes the color to beautiful red,
with yellow tint. Therefore, l think the prop
er time to cut wheat is when the substance
next the bran is in the dough, and that wheat
should be stacked and allowed to retain its
natural connection with the stalk until it has
gone through the sweat. Wheat will go
through this change whether in the stack or
bin, and if disconnected from the stalk while
in the sweat it fails to receive the nutrimcnt
from the stalk that 1t would if allowed to 90
through the sweat in the stack, and will turn
to dingy, dead red color, and appear lifeless.
The bran will bs rough aud heavy, and, in my
estimation will lower the wheat in the market
a full grade.
Your question: "Does the sun injure tile
wheat with or without rain, While in the shock
or before reaping% My experience is that it
does very materially, but mncl more when it
is rained on than when it is only subject to the
dew. The dampness, whether from dew or
rain, softens the berry, and the hot sun OIL the
berry in this condition bleaches it and extracts
greatly from its substance. In many cases it
becomes alKlOst worthless to the manufactur-
ers. have known wheat to lose in weight by
exposure from three to five pounds per bushel;
The Hope pioneer. [volume] (Hope, N.D.) 1882-1964, 1884-09-26
sep26oct3-1O-17-24-31noy
SALE.

NJ EORTGAGE SALE.
1vA Default having been made in the payment
Of the sum of sixtytwO dollars and sixty-ve cents
(S6265) and interest from April 2lst, 1884, at
the rate OF IL per cent. per annum, which Is
claimed to be due mt the date of this notice. uDon
certain mortgage duly executed ard delivered by
Anders Larson and A. O. Ness (AndreW Olson,
mortgagOrs to H. G. Miller and o. Behucke, as II.
c. Miller Co., mortgages, bearing date the 2 lst
day OF April, A. d. 1884, and duly recorded IN the
office Of the register of deeds In and for the county
OF Steele and Territory Of Dakota, OH the 23d day
OF April, 1884, at | :46 p. m, In book A OF mort
gage deeds, on page 1}, and no action or proceed
ing at law or otherwise having been instituted to
recover the debt secures by said mortgage or any
part thereof. Now, therefore, notice Is hereby
given that by virtue OF power OF sale containt Il
In said mortgage, and pursuant to the statute in
such case made and provided. the said mortgage
Will be fOreclOsed, and the premises described In
and covered By said mortgage, viz: All of the east
one-halt (e 1sl OF section twenty-five (sec 22) In
township ono hundred and forty.fve (tp 145) of
range fifty four (r 54 IN the said county of Steele
and Territory of Dakota, will be sold at public
auction Subject to prior mortgages) to the high
est bidder for cash to pay said debt and interest,
and fifty dollars attorneys fees as stipulated IN
and BY said mortgage IN case of foreclosure, and
the disbursements allowed by law; which sale will
be made by the sheriff of said Steele county at the
front door OF the post0fice In the city OF Hope In
said county and Territory on Friday, the 81 st day
of October, A. D. 1884, at O'Clock p. IN. of that
day, subject to redemption as provided by law.
H. c. MILLER 4 CO., Mortgages
D. NJ Shanks. attorney for mortgages.
Dated September 10th, 1884
The Hope pioneer. [volume] (Hope, N.D.) 1882-1964, 1884-09-26
An Old Tunnel.


After years of exertion the present governor
Of Samos, Abyssdes Pashs, has succeeded in
uncoverng the entrances to tunnel Of which
Herodotus speaks with adMiration as the work
OF EHpa.ipas ana Megaira, and which, accord
ing to the same authority, was built during the
tenth century B. C.
The tunnel, about five thousand feet long,
was intended to secure a supply Of tlesh water
to the old seaport town of sslnos, and consists
ef three paris. These are: the tunnel proper,
5S feet high and feet wide; canal about s
feet deep and nearly 8 feet wide which runs in
the middle or on the side Of tho base of the
tunnel, and the acqueduct running in this
canal. The acqueduct copsista Of earthen
pipes, each two and eue-htth feet long, 50 to
3a iAches in circumference, the sides ayerag-
ing about " inches In thickness. Every other
Joint has hole, for what purpose has not yet
been fully explained. Mr.. Stamatiadss, a
Greek arcl@ologIst, believes that they were in
tended to facilitate the cleaning of the pipes,
and to make the flow Of water easier The
canal is arched over, but twenty y.elght man
holes were provided to admit the workmen
who were charged with cleaning and repairing
| the acqueduct. The tunnel is not quito straight,
forming an elbow about 1900 feet from one
OF the entrances. This elbow, according to
Stamatiades, Was caused by a mistake in the
calculations of the engineers, who had none
of the instruments used in tunnel building
nowadays.
The tunnel starts near small water course
which may have been quite a stream in oden
times, perces the mountain Kastri, which was
formerly crowned by the fort Samoa, and ends
few hundred yards from the old town Of
Samos, about ton feet below the surface. From
the mountain slope to the city this subterran-
can acqueduct is protected by massive stone
structure, ending within the walls Of tile pres
ent convent of St. John. The preservation Of
this work-which is truly wonderful consider
Ing the imperfect mechanical resources at the
disposal of the builders-for nearly three thous-
and years, is probably due to the care taken by
Eupalinos, who in all places where the rock
did not seem Of sufficient firmness, lined the
tunnel with several layers OF brick, running
on the top into peaked arcll.-Scientifc Amer-
icdn.
The Hope pioneer. [volume] (Hope, N.D.) 1882-1964, 1884-09-26
CONVENTION
Judge Oscar s. Clifford, of Can
ton, Nominated OH the 18th
Ballot.

PIERRE, OAK, Sept. 19.-The convention
was called to order at 9:lO a. IN. Following
the announcement of the committee on reso-
lutiens Mr.. Gamble, Of Yankton, moved that
the report Of the majority Of tho committee be
adopted. Major Hamilton, Of Grand Forks,
moved an amendment to the report, but after
considerable discussion withdrew his motion
to amend and the original motion and report
were adopted.
Stewart from the committee on permanent
organization, reported Judge Carson, of Law
renee, for chairman and the temporary secre-
tary for permanent. Report adopted unani-
mously. Judge Carson was conducted to the
chair and introduced by Chairman Holdbridge.
Mr. Moody moved call of tho roll for the
purpose Of placing names in nomination fo1
delegate. Carried.
When Beadle county was called, Carl Gerner,
Of 1riquois, presented the name of Julius w.
Shannon. Stoyall, for Burleigh county, offer
ed DR.. William A. Bentley, of Bismarck; Fow.
ler, of Pennington, in behalf of Cass county,
presented John B. Raymond, of Fargo. Two.
iney, of Fargo, seconded Raymond's nomna.
ton. Eddy, of Coddngton. placed in nonlina,
ton Arthur G. Millette, Of Waterton. Mr..
Howard, Of Chinn, seconded the nomination Of
Millette Slough, of Hughes, presented Col.
S. w. Laird, Of Pierre. Judge Carter, for
Lincoln county, offered the name of O. S,
Clifford, of Canton. James Baynes, of Harri-
son, seconded Gitford's nomination. Neill, of
Grant, seconded the nomination of Raymond.
Judge Moody, in behalf Of Lawrence county,
presented the name Of Samuel McMaster.
Long, of Morton, seconded the nomination OF
Bently.
On motion Of Judge Bennett recess was
AIKEN of one hour,
The Hope pioneer. [volume] (Hope, N.D.) 1882-1964, 1884-09-26
Was it n Coincidence.

In the death of Andrew ]. Smith, says a
Gainesville, Ga, dispatch, is presented one Of
the straDgest condolences ever known. The
family is the possessor Of an old-tlme clock,
made entirely of wood. IT is between three
and four feet in height, and 1t kept good time
with It's soft and nuffled chimes for twenty
five years up to about six years ago, when it
stopped, and no amount Of fixing could induce
its pendulum to resume work. Little was
thought at this time OF the clocks obstinate
antics, as it was thought it had passed its day
OF usefulness, and was set by, to be handed
down to posterity as an heirloom. A more
elaborate Amepiece took its place. Time went
by and the dust Of years accumulated on the
face and wheels Of the old clock. Still it stood
there as dumb as 1t was on the day it mysteri-
ously stopped, six years ago.
Several months ago Mr.. Smith was taken
very i'll and was confined to bis bed with a
fatal disease About two weeks ago at mid
night, when the long-forgotten clock paaled
forth the hour Of twelve, the family were dumb
founded. The clock did not tick, but stood us
silent as before. Precisely twelve days after
ward and on the twelfth hour Of that day, Mr..
Smith died.
The Hope pioneer. [volume] (Hope, N.D.) 1882-1964, 1884-09-26
seplQ. .2Noot3 .1O17-24-31
AfDRTGAGE SALE. 7-..'-'-N


1Vx Default has been made In the conditions
Of certain mortgage executed and delivered by
Thomas N. Lee and Amity D. Lee, his wife,
mortgagors, to Jacob II. Allen. mortgage. dated
the 18th day Of July. A. D. eighteen hundred and
tf ts beed or tie Tie Guilty st ~ Of te Tfa
IL the Territory Of Dakota On the 3 lst day of
July, A. = 1882, OF 10 o'clock .; M, in book J Of
Is cama to be due at the date Of this notice, the
iid eighty four cents, lSfas41 and no action or
proceeding has been instituted at law or in equity
any part thereof, The said mortgage was duly
transcribed from the records of Traill county, D.
T., and recorded IN the said office OF the Register
OF Deeds OF Steele county. y. T., In book a. OF
molflEges f. S,s, o. Eage 4o Notice Is hereby sise"
~..- power Ol sale contained in said
mortgage, and Of the statute in such case made
and provided. the said mortgage will be foreclossd
by d sale OF the mOrtgaged premises therein de-
scribed, which sale Will be made at the front door
Of the office Of the Hops Pioneer, In the village of
being the most public place in said county Of
steele, where the said land Is situated. at public
auction by the sheriff OF said county, or by his dep
uty duly appointed on Monday, the 9TH day Of
October, A. ID. eighteen hundred and eighty-four,
at O'Clock in the afternoon to satisfy the amount
which shall then be due on said mortgage, with
the interest thereon, and costs and expenses OF
sale, and forty dollars ($4o) attorneys fees as
stipulated in said mortgage in case of foreclosure.
The premises described In said mortgage, and SO
to be sold, the lot piece parcel of land stu
ated In the county Of Steele and Territory of Da-
kota and known and described as follows to wit:
The north west quarter On W I'd of section eight
cen 18.) in township one hundred and fOrty-four
l44) and range tifty-fiyc $50 in Steele county,
D: T., containing one hundred ana fiftyselen and
JACOB H. ALLEN, Mortgage.
W. B. LoCKLIN, Attorney for Mortgagee.
Dated Aug. 14th, 1884:
The Hope pioneer. [volume] (Hope, N.D.) 1882-1964, 1884-09-26
An Eccentric Widow,
IN. Y, Medical Journal.l I

From certain piece of property in the
French village Of Colombes the howls of
about forty dogs and the screeches Of more
than that number Of cats are borne to the
unwilling ears of the neighboring resi-.
dents. These animals are described as bv
no means the choicest Of their respective
kinds, and it is alleged against them that.
besides their unmelodious cries, they give
forth odors which make the quarter de-
cidedly unpleasant. There are those. in.
deed, who aver that the premises on
which the animals are kept coustitute
practically sort Of lazaretto, and that the
efuvia arising therefrom are source Of
danger to their health. On this account
the occupant Of the property has been pro-
ceeded against in the courts, and, as we
learn from the Progress Medical, has been
condemned to pay fine Of five francs,
The person thus mulcted is an old lady
who makes it her business to gather in all
the stray dogs and cats that she meets
with on the streets.
This lady is no less person than tho
widow of the great physiologist, the late
N. Claude Bernard, and her eccentric be-
havior is accounted for in this wise: NJ.
Bernard. as is we'll known, practised vivi-
section, but early in the course of his
married life his wife became violent op-
ponent Of the practice, and their disa.
greement in tho matter is understood to
have made their life anything but hap
Py one, and finally to have brought about
their separation. NJ. Bernard having at
length died, his relict's old to nderness has
risen from its ashes, and, as the story is
told, she has gone to work systematically
to e1patiate his offences against the lower
animals By showing kindness to as many
stray dogs and cats as opportunity may
allow; her idea being that, when ut length
she has succored as many distressed brutss
as ne was the means of staying, his pur-
eation wall have been accomplished vica-
rieusly, aud her soul and that of her late
husband will be ready 30 meet in Para.
disc. How unfeeling it is Of tho people Of
Colombes to interfere with the prosecution
Of this sshemsi
The Hope pioneer. [volume] (Hope, N.D.) 1882-1964, 1884-09-26
FIRST BALLOT,

On the second ballot Raymond lost 3 votes
and Mellette gained 91a. On the third, Clifford
gained and ! was thyawn for Edgerton
There We're no changes Oh the fourth. Ray
mond gained OH tho fifth and McNfasters 2,
while Shannon. lost 211a and Mellette ~. On
the sixth, the Grand Forks delegation split,
throwing votes for Walsh and for Raymond.
The latters total loss OH the ballot was s,
Bentley's q; Mellette gained l and Walsh 12.
On the seventh, Grand Forks returned to Ray
mond. On the eight Raymond gained 2 and
Oh the ninth he lost l. There was no result
reached on the tenth and eleventh, but on the
twelfth Clifford received over 200 votes and was
unanimously nominated! amid tho greatest ex-
element.
The convention reassembed at s p. III. in the
court house and voted that the chairman ap-
point three gentlemen to select central COM
mittee of thirty and submit their names to the
convention.
The Hope pioneer. [volume] (Hope, N.D.) 1882-1964, 1884-09-26
OF FINAL PROOF.

Sept. IS, ] 1SX4 {
Notice is hereby given that the following named
settler has filed notice OF his Intention to make
final proof In support of his claim and secure
final entry thereof 0nthe 18th day of November,
1884. viz: Louis Knudsen, II. E. No. 1887 for
the southwest quarter Is W 1lD of sec g, tp 147 H.
55 W, and names the following rs his witnesses,
viz: Addie Martin, Of NolthwOod. u. T., Ole N
Hern, W. II. Robinson and John Brown Of Port
land, Trail county, p. T. The testimony of claim
ant to be taken before w. P. Miller, clerk of the
10th day OF November A. d. 1884, at his office
The testimony OF witnesses to be taken before
Frank i. Krayenbuhl, a notary public at Portland
Trail county, D. r., Oh the 7th day Of November,
1884, at his Office.
HORACE AUSTIN. Register.
G. 4. White, attorney. saD26Oct}- / (l-1T .24-31
The Hope pioneer. [volume] (Hope, N.D.) 1882-1964, 1884-09-26

The debt of the United States is equal to SIC
for each Of its inhabitants. IN France the
ratio is 800 and in Great Britain ,slo9.
Henry Willard is still worth half million,
and is only As years old.
The Hope pioneer. [volume] (Hope, N.D.) 1882-1964, 1884-09-26
NOTICE OF FINAL PROOF.
N Land Office at FARGO. d r

Sept. 10th, 1854.
Notice is hereby given thatthe following named
settler has filed notice of his intention to make
final proof in support of his claim and secure final
entry thereof OH the 10th day OF November
1884. viz: John W Stansbury. II. f. No. 0,SOS
Il, 81 ". and names the following as his Wit
nesses, viz: James Maclean, James Sweetland
William H. Pease. F. +. HcCutchns, all of Hope
steele County, D. r. The testimony to be taken
before W. P. Miller, clerk of the district court at
Hope. Steele County. D. T., Oh the 9th day of No
vember, A. b. 1884 at his Office.
HORACE AUSTIN, Register
sep2Goct3-I IO-17-2i-3l
The Hope pioneer. [volume] (Hope, N.D.) 1882-1964, 1884-09-26
OF FINAL PROOF.
IN Land Office at Fargo. D. T.

september 5, 1884.
Notice Is hereby given that the following named
settler has filed notice Of his intention to make
final proof In support of his claim and secure lnal
entry thereof On the 3D. day of November. 1884,
viz John J. Padden, II. F. No. 1850 for the "
a Of sec %. tp 143 n, 5G W, and names the fol-
lowing as his witnesses. Wig: James Earsley Of
Co., D. r., John H. Gum, of Hope, Steele Co..
D. T., and CLANCY J.. Earsley, of Hope Steele Co.,
ID. T.
HORACE AUSTIN, Register
C. J. Paul, attorney. sep26oct3- lO-1 7-24-31
The Hope pioneer. [volume] (Hope, N.D.) 1882-1964, 1884-09-26

James Gault and crew threshed, last Satur-
day, on William Venable's farm, 9OS bushels
OF wheat in little over four hours. The crop
on this farm averaged twenty-ons bushels to
the acre.
The Hope pioneer. [volume] (Hope, N.D.) 1882-1964, 1884-09-26

3. d. Wallace, five miles northeast of Hope,
has had captclppes in such profusion in his
garden that he supplied his entire threshing
force with all they could eat.
The Hope pioneer. [volume] (Hope, N.D.) 1882-1964, 1884-09-26
NOTICE OF CONTEST.

IN US Land Office, Fargo. D. T.,
September Sd, 1884.
Complaint having been entered at this office by
Oliver Thore:on against Fred L. Bangs for abali-
doning his homestead entry Number 1O.81I,
dated June 18th. 1882. upon the northeast quarter
IN e lA1 of section q township 145 north range
81 west. in Steele county. D. T with a view to
the cancellation of said entry; the said parties are
hereby summoned to appear at this office on the
2Sth day OF October, 1884, at 10 o'clock a. n., to
respond and furnish testimony concerning said
alleged abandonment.
E. c. GEAREY, Receiver.
Thompson d Krogh, attorneys.
sepl2-lY-26Oct3-1
The Hope pioneer. [volume] (Hope, N.D.) 1882-1964, 1884-09-26

- Postmaster Baldwin has kept record of tho
weather for several months, and he reports
that we have had no general frost since the
2Sl of April last
The Hope pioneer. [volume] (Hope, N.D.) 1882-1964, 1884-09-26

Mrs. J. R. White, mother of Mrs. A. Nc.
Laughlin, of Oquawka, ILL.,, arrived Oh yester.
days train on visit to her daughter,
The Hope pioneer. [volume] (Hope, N.D.) 1882-1964, 1884-09-26

Wheat continues to arrive slowly, farmers
preferring to hold off as long as possible in
hopes Of better prices. The quality Of the
wheat arriving has improved from the earliest
threshing, tho percentage Of No. l hard being
greater. The price still remains So cents for
M 1 Lard