davidaulloa/AmericanStories huggingface dataset:
The herald-advance. (Milbank, S.D.) 1890-1922, 1893-03-17
The Baxter and wilson Case.

The criminal case Of w. j. Baxter and
Joseph Wilson, charged wit b breaking
into the cars OF the railroad company on
Jan. 2lst, was taken up yesterday, tie
case of both defendants being conducted
jointly. Ittook all morning and part OF
the afternoon to secure q jury. The COM
painants placing upon the stand the
conductor who brought the train to Mil
bank, Mcclure the detective who dis
covered and arrested the defendants at
the Car, on the night in question, Agent,
Laughlin, who placed the goods in the
car 1T Appleton and sealed the car and
Roadmaster Phelan and Agent Payne
of this place, who testified 10 the cond-
ton and location of the boxes removed
from the car as found after the arrest,
On this the prosecution rested, and the
defense placed upon the stand the two
defendants Baxter and Wilson, who re-
lated how they had been attracted to the
car by noise which they heard, and
while investigating We're pounced upon
by the detective. A. Carl was next
OF the car in question open. Both de
fend.nts and Carl were subjected to a
thorough cross examination. A number
OF witnesses were sworn as to the good
character of the defendants, and some on
rebuttal. The testimony was all IN by
IL O'Clock This morning, when Frank
Sears, an attorney from Webster who has
been assisting in the prosecution, made
the opening plea for the prosecution
He was followed by Judge Bouck and
Atty. Potter for the defense, Attorney
Bell closing for til. prosecution. Judge
Andrews is giving his charge to the
jury as We SO TO press.
This case has excited more interest
than any other on the calendar, tho court
room being completely filed during each.
session, and standing room Icing, 1t -
premium most Of the time.
The herald-advance. (Milbank, S.D.) 1890-1922, 1893-03-17
Chapter 1875. session Laws Of 1890,
Reads thus In IIcgardtO tho
Sale md giving ayay OF
Tobacco to Minors

Be it enacted by the Legisl ature Of the
State Of South Dakota:
That every person who sells, gives
away, or furnishes in any manner, tobac-
CO IN any form, whether as smoking or
chewing tobacco, cigars. or clgaret,s, or
snuff, or furnishes any substitute for
tobacco, OF which tobacco is an ingredi-
ang to any child under sixteen years OF
age, is punishable by u fine not to exceed
fifty dollars or imprisonment in the coun-
ty jail not to exceed ten days, or by both
such fine and Imprisonment.
The herald-advance. (Milbank, S.D.) 1890-1922, 1893-03-17
Advertised Letter List.

Letters remaining uncalled for in the
Milbank Post Office, March II, 1898:
Anderson, s. Menrer w. j.
Sayers, c. EnOla Steinmark, Emma
Themen, S.
In calling for any Of the above, please
say advertised" and give date OF adyer-
tisement. IT not called for in fifteen
days will be sent TO dead letter Office
A. J. BLEsEE, z. NJ.
The herald-advance. (Milbank, S.D.) 1890-1922, 1893-03-17
Notice.

stoby given that the fOliowin., !,
III M4de payable 80 Eliaeon Broed
| 18th tnog. between Milbank and
1aM parties are hereby cautioney
sing Any " them: note given by
of 9e at ~ per cent interest,
.5o3 And exe Nov. l, 1898; note
/ sGwAae0n for go, at 8 per cent.
/, 18oasnnd due Dec 1893: note
AhE2hAMe0n \ for 81. at l. per cent
!. 40, 1l9 due Oct. l. 1898; note
y J0hneOgt Tor $40 S5, at 10 per cent
l6De due Nov l, 1893; note
!, AntahAmson for $40, ut 10 per
Feb. 40, 1893. due Nov. Is, 1888.
II bo rewarded by leaving the
xund0fDt9ned or at the Merchants
&. ELIAsoN Bros.
The herald-advance. (Milbank, S.D.) 1890-1922, 1893-03-17

Attention is called to the advertise
ment of the sale and leasing of school
lands IN another column. The sale will
commence April 4th and tie leasing on
April 9th.
The many friends Of Mrs, George
Croker viii be panied to learn that Oh
Wednesday she was stricken with apo
pleXy, aud since that time has been in a
serious condition, and is at present lying
unconscious
Mr.. G. E. Gage had the pleasure Of a
short visit from II. G. McCaister, the
hardware merchant Of Madison, S. D.,
Yesterday. Mr.. Al. was on his way home
from the east.
Mrs. Maria Vandervoort will have an
| auction sale at the farm on Sec. 4, town
OF Vernon, on Thursday March 30th, at
! which horses, cattle and farm ma
chinery will be sold.
The judges and places for holding the
| city election, which occurs on Tuesday,
April 4, are as follows;
| First Ward--At Schnabel's store. L.
6chnabel, G. w. Crooker and u. r..
Frey.
Second Ward-At engine house. J. B.
| Whitcomb, VIM. Vinnard, II. w. Bailey.
Third Ward--Betcher lumber office
J. G. Knapp, D. Stats, A. Carl.
Humphrey Post e. A. r., is making
preparations tor ball to be given on
April 4th next, the proceeds Of which
will be used to help defray the expenses
of the encampment to be held here the
last Of June. The affair should be well
patronized and the post assisted in their
efforts to raise funds tor the entertain
ment Of their guests.
/ "March to search" is the old adage. 1t
serches out any weakness ofthe system
| resulting from impure blood. These who
use Ayers Sarsaparllla find March no
more searching or even disagreeable than
any other month. This medicine is a
wonderful invigorator.
FoR SALE.-The fine stallion "Lord
Clyde a bright bay Clydesdale II hands
i 1. Z -
The herald-advance. (Milbank, S.D.) 1890-1922, 1893-03-17
Horses for Sale.

The undersigned offers for sale five
good horses, including fine span Of
mares. Also wagon and harness. Ap-
ply to I. 6. HEBERT,
Union House.
The herald-advance. (Milbank, S.D.) 1890-1922, 1893-03-17

K your hair Is harsh, dry, and wiry, you
viii find Ayers Hair Vigor OF essential
service in rendering it soft, plant and
glossy.
The herald-advance. (Milbank, S.D.) 1890-1922, 1893-03-17
FAIRI'he undersigned ia

FAIR The undersigned is pre-
!, furnish rooms to pa-tiee visiting
(, q reasonable prices. Pleasant
.sinute1 ride to the fair grounds
,sk 1rom the car line. In writing
To when they will be wanted and
ildrsss
4 JOHN SCOTT.
am0i1 ave. Harvey, Ill.
yellOwbanks.
The herald-advance. (Milbank, S.D.) 1890-1922, 1893-03-17
COUNTY COMMISSION
official Proceedings of the Board
Of County Commissioners
of Grant County. s. ID.
MILBANK, S. D.. March s, 1893.

M1LBANK, S. D., March s, 1893.
Board met pursuant to Adjournment
with all the members and the clerk
present,
On motion the following bills were
audited and allowed:
Gold y Co, coal Tor INDECENT poor........s 7 90
- . ......... oo
r. B. Roberts cashier Georgia schoo bond
Bank i Of Mibank, p Ada me- school, bond Int AZ
F. B. Roberts, Vernon School Bond int
Henry l'a <, Martens clerk hire in Register
Mise NJ. A. Volkmar. same. 81 %
On motion the following applications
tor Permanent School Funds were accept
ed and approved
Rasmus otterdahl, sEA s-l1s-49. SEES 90
Ole o. Gasrud, sWA sen and NE1a SEA
john Hagen NEA sec 49, i lis, Il O.. a6o 90
On motion the following official bonds
were accepted and approved:
Ed s. Healy. county auditor, $1,000.
Spencer Seldom, supt. poor farm, S1,Ooe
On motion the application of Asa A.
Story of Twin Brooks for auctioneer's
| license was granted and auctioneer's Ii
cense accordingly issued for the term Of
Zone year.
On motion board adjourned till March
8, 1898.
Mllbank, March 9, 1898
| Board met pursuant to adjournment
with all the members and the clerk pres
ent.
| On motion refund order was issued
to Ed. 2. Dore, treasurer, for SIS, being
to redeem from tax sale for the tax OF
1891 the NWl OF sec 20, T 11S, r 80,
same having been government land not
assessable. Tax was also ordered abat-
ed for the year 1892.
On motion it is hereby ordered that
the county treasurer shall pay cash OH
all clerk Of courts certificates on all
grand and petit jurors fees tor the pres
ent term Of the circuit court.
On motion the following bills were al
lowed:
Gold q Co for coal for INDECENT poor 81 oc
John johnson i Co., coal for court house 10 50
Jacob Steitz, same. Observation-Disclosures. 50 81
Tennison y Co, came e.................... = %
Henry ~ Martens, work aHi in registers office. IS 20
Alfred Mortell registers salary ........ 1e5 90
Ed p Dore, treasurer's sal. for JAM. 1s5 90
do do for Feb l25 90
i NJ. IL. Wiseman, col delinquent tax... SO 90
Henry Martens, work in registers office. 35 o0
! Alfred Mortell. registers salary ......... 40 on
/ B II Bradford clerk hire register office 35 CO
! Tilcy Heuer work at poor farm ... 25 0s
T. bic e arland, salary at poor farm ...... 1O1 SO
i Miss N. Bohan, clerk in treasurer's Office 20 90
John L. Lockhart, clerk Of court fees 49,. Al Is
/ do services court reporter. 30 co
i Henry S. Nolkmar. county printing. ... IS 81
/ Thomas Hagen com fees IS mileage ... IL Go
i l.. Cunningham, same me.....,............. Is 20
/ Geo Mitchell sane .. 8 40
On motiona refunding order was issued
to A. NJ. Knight for S6.35, being the
amount Of tax enormously extended on
part Of the 81 NWl, sec. 1 l21 Il
AZ.
On motion board adjourned to Mon
day, April 3, 1898.
! ATTEST: GEO. MITCHELL,
/ ED s. HEALY, Chairman.
Co. Auditor.
The herald-advance. (Milbank, S.D.) 1890-1922, 1893-03-17
HAPPENINGS.

|5ressmal
writer .. ! Northern SOC; No. 2
Try Geors 6.
I. ~ - ,s rrs., )ats ia large or small lots
|bo,n Goa Ink ot Malhank.
Ege and e,socIety will meet with Mrs.
|ant used y next Thursday.
tie opened
,nad ner,nm lad tho misfortune to
[.y Of tauu,le horse last week. The
led his limb on a nail and
HoH cnug sstin ara killed it.
hid yrt of lhe storm the high
thor an.inmsnt which was to have
|tinued: llt Tuesday evening at the
which H4as been postponed to next
is an insr
BY Henry(T
Lat book benevolent Society will
|es." !" the aud. Fairchlld on Thurs
|ee what alrdst $50 p. m.
MLR. KAUFMAN, Sec.
/ ! !, Do not jim she brakeman, puts a
hat your 10 sigor in the work OF
id. Ishodsar Wheels since the arrival
due youfr glrl ~ his home the first
/ your pub
AVE been
|did no vdvest has been appointed
ing over tbitfte Conductors in this
lat still snaSauf osintend the institute
some snnty .trhich will be held
Increment nu,n1
compela
now YOU saof Fl ipon, 5. D., passed
should b Mo- ION his way to Re-
am grestFi ions hess OF q member
.ot lough, a klnsman,
lea anu -, ! tha< egh ghborhood.
|wo debssah L.ss Ne will give a So
the end p. pesDoaage, Friday even
|nanh the.h. noyel feature will
b ovan9lr = rnlatl Library Bring
pa r. ! ! \ csf md a lead pencil
Fanaa naorae M invited.
4. probably M The Daughters of
siSG 1ection with the /.
dh0ElS expected to take
thl Il circumstances
olt1Ge e of this date due
a flyon he charter mem
~ iet4eted Of the fact.
II for harter was largely
: tellS to membership,
& Very encouraging
\ ing lodge OF Re
u NH O.. F.. has COM
- M arations for their
L6I n SA on the 74th ami
April 26th. The
ways looked for
- social events Of
nir this year will
Bo > this respect, as
pure ed to mske-i. an
nv powder, ~.
The herald-advance. (Milbank, S.D.) 1890-1922, 1893-03-17

Fox SALE.-The fine stallion 'sLord
Clyde a bright bay Clydesdale II hands
high weighing about 1900. May he seen
on our farm known as the "Shatto Place"
Inquire Of SARGENT s. DIGGs.
The herald-advance. (Milbank, S.D.) 1890-1922, 1893-03-17

WANTED-Farm hands for seeding
apply at Bank OF Milbank.
Seed wheat and seed oats, cleaned and
and ready for sowing.
The herald-advance. (Milbank, S.D.) 1890-1922, 1893-03-17

bf the hlis'
hust ea..
! claSds i
d undcrs.
End empls!
both clas
lg. Its
take jus
the wi
[ANK LII.
kCREMsN
The herald-advance. (Milbank, S.D.) 1890-1922, 1893-03-17

|SialG a
|enturyl |,
|ssibilitis
layel.
Is an h
! dispNet
sthep 10
| thedop
prophe,,
will leth
The advocate and Topeka tribune., 1893-02-01

shall consist Of the sable bodied male
citizens ETC., which shall be "divided
into two classes" and I call special at
tention to this:
'The organized to be known as the
National Guard" }"
Is that not exactly the phraseology
you would use? I ask my friend from
Alabama (Judge Oates) if you meant an
organization, a national body with a
national name, to be governed from a
national standpoint, rather than this
separate organization in each Of the
states to be governed by the states them
selves?
Mr.. Cutting: Does not the gentleman
from Georgia know that thirty-three Of
the states have adopted the name and
use the term National Guard" in refer
ence to their militia?
Mr.. Watson: They have perfect
right to do 80. But we have no right to
make them take soup whether they want
to or not. Each state has the right to
name its militia to suit itself, but the ma
tional government has no right to con-
solidate the militia of the states in time
of peace and make it "a national body.
After further discussion a vote was
taken, but disclosed no quorum. Mr..
v atson took advantage of this and the
morning session expired before one could
be secured, and the bill is doubtless
killed,
The advocate and Topeka tribune., 1893-02-01
Fine Horses at Low Prices.

EMPoRIA, KAs., January %, 1898.
On account Of my fast failing health,
which almost totally prevents me from
attending to business, and will cause me
to seek some other chime more conducive
to my health for an indefinite time.
I have decided to close out my extern
sive importing business. And in order
to do 80, will be obliged to make
great sacrifice; but I regard my health
as more important to me than money,
and in this case l am going to offer you
an opportunity which only occurs once
in lifetime to get as fine an imported
stallion as there is in America for nearly
one-half price.
In order to illustrate more fully: l
will sell you the samehorse that offered
for $1,000, for 81 900; and the same horse
that offered for $1,000, 1 will now sell
for $500.
Now l am doing this at q fearful sscri-
fee, and one which / can i'll afford, and
must necessarily lose thousands of dol
lars by SO doing but as said before, the
condition of my health simply forces me
to make the sacrifice, and according to
the old proverb, what is my loss will be
your gain, provided you will embrace the
golden opportunity, which 1 have not the
least doubt you will certainly do. So
please come at once and see my stock,
and get the first choice before others
have had time to make selections. This
offer / will hold good for the next thirty
days, so please let me hear from you by
return mail, stating just when you can
come. For this is an opportunity you
cannot afford to neglect, and one which
may never present itself to you again.
Come and see me and get my lowest
prices. am yours most truly,
WILLIAM AUSTIN.
The advocate and Topeka tribune., 1893-02-01

Arrangements have been made to have
E. 2. Ernst, Of Olathe, Kas., write a
number of short articles on genuine CO.
operation and also to post the readers Of
the ADVOCATE as to the progress being
made by the "Labor Exchange" which
has within the last few months made
rapid headwsy in eastern Kansas. He
will respond to calls to lecture on the
subject at the least expense. The OBJ.
ject is not to make money, but to do as
much good as possible and as rapidly as
circumstances viii permit. A branch
can be effected ip any locality and by
any labor organization with mutual ben
eft to all.
The advocate and Topeka tribune., 1893-02-01
A PLUrOcRAT1O gOHEME DEFEATED.

TO Increase the United States Army
The militia bill was taken up, Mr.
Watson having the floor.
Mr.. Watson: Mr.. Chairman, / call the
attention Of the committee to this fur
ther clause Of the report of the adjutant
general, showing what is the real pur-
BOSE aimed at in this bill;
"The army, which needs and must
have the assistance Of the national guard
in any sudden emergency, begs congress
to hasten to assist state legislatures to
disembarrass the state volunteers OF
this condition Of affairs by legallzlng
this force as national force and by ap-
propriating for its maintenance In the
aggregate $1,500,000 a year, to be in
creased should this sum be found too
small, in order to properly equip and dis
cipline United States national guard
Of 10000 men,"
Under the constitution and under the
old law the United States had nothing
to do with the government OF the militia.
The United States could prescribe it's
organization, its equipment, ETC., but the
general government had nothing to do
with the control of the militia, except
when it was called out by the president
Of the United States in terms OF law.
Until that was done the militia was a
state body, commanded and controlled
by state officers, and governed by state
laws. Under this bill it becomes ma
tionsl body, governed by national laws,
and the control OF it is substantially
taken out Of the hands Of the states.
Howp Under the old law, section
1867 of the revised statutes, the arms and
equipments were distributed to the
states pro rata according to their con-
Rressional delegations in the house and
in the senate; that is, each state had it's
share Of the arms and equipments sllot-
ted to it in proportion to the number OF
it's senators and representatives. Under
this bill you propose to divide the arms
and equipments allotted to the states,
not according to any state rule, not &C
cording to the mandate or requirement
Of the governors of the states, but in ac-
cordance with the recommendation Of
United States officers detailed for that
purpose.
In other words, no state draws it's
share Of this appropriation for arms and
equipments, except upon the warrant of
United States army officers. l cannot
conceive Of any provision which more
clearly violates the constitution than
this does, by taking the control away
from the state and giving it to the United
States army, because the supplies gov
ern the troops. Cut off the supplies and
you cripple the troops. Cut off from the
state authority to call for the supplies,
and you take from the state authority to
govern its own troops.
Mr.. Hoar: viii the gentleman per-
NIT question?
Mr.. Watson: Certainly.
Mr.. Hoar: Before the passage oADthis
act, under the old law, by whose author
ity was the distribution of arms made to
the statesY
Mr.. Watson: Section 1867 prescribea
how it shall be done. There ls no dis
cretion about it at all.
Mr.. Hoar: Is not that United States
actI
Mr.. Watson: 1t is q United States
not. h,,t tho annOrt;onmant ID roouirod
The advocate and Topeka tribune., 1893-02-01

the gtAte, anu Iuo SDuV0 OOhOAN+1O OAS'
while under this change which you pro-
pose the state gets nothing except upon
the voucher, the warrant, the order OF q
United States army officer.
Another thing, Mr.. Chairman, under
the old law it wss left discretionary with
the state to say how often the militia
should meet and where they should meet
for drill, but under this proposed law it
ia made mandatory that the volunteer
corps called the national guard shall
meet at least once every month, at least
twelve times agear, and that for five con-
secutive days, and that they shall be
stationed at an army fort or some other
established camp, to be drilled in heavy
artillery pracGice.
Mr.. Lane: The gentleman is mistaken
about that.
Mr.. Watson; No, the bill, section 10,
provides that they shall
SEQ into camp of instruction or be
ausrtered at United States fort for
instruction in heavy artillery at least five
consecutive days in each year in their re-
spective states and territories, and to
assemble for drill and instruction not
less than twelve times in each year.
A Member: Unless specially excused
by the governor.
Mr.. Watson: That is true; you do
give to the governor certain vetopower
in this matter; but at the same time you
take away from him the initiative which
he now has; you simply give him check
rein where heretofore he has had control
Of the reins entirely.
Mr.. Watson: Well, for the purpose OF
testing the sense of the committee OF the
whole on this BILL move to strike out
the section. / desire to state again to
the house as briefly as can the objec-
tions to this bill. In a covert, stealthy
way it undermines our militia system as
it now stands and adopts another system
altogether. II this bill is passed, we
would in less than five years wake uT
some fine morning and find that our mi
litia system was as completely changed
as our financial system was found to be
changed FIVE years after the passage ol
the act Of 1873 dsmonetizing silver.
Mr.. Oates: Will the gentleman tell
us wherein this bill undermines the pres
ent system, and what it substitutes?
Mr.. Watson: / am going to make 6
strenuous effort to do that very thing. In
the first place, it substitutes for the mi
litia in each state, which is now state
organization, national body, composed
it is true, of certain citizens of the states
but in it's composite form a nationa
body.
Then again, it controls that body di
rectly from a national standpoint. II
controls the militia of the states in time
of peace and not merely when they are
called into active service, as provided BY
the constitution. They are governed
here from the national capital, from {
national standpoint, when they are no
in active service. This violates the con
stitutioq. They are governed as q ma
tional body, where heretofore they have
been governed by the states themselves
except when called into active service a.
provided by the constitution. If that
Mr.. Chairman, does not clearly and spe
officially make this a national body
Mr.. Mckinney: Will the gentleman
The advocate and Topeka tribune., 1893-02-01


Cadets, or any other name that local
preferences may suggest That is
mere matter Of fancy with the fellow ho
is doing the christening.
Mr.. Mckinney: 1t does not make any
difference what may be the local names,
but as to the mass of this force, is it not
known as the national guard?
Mr.. Watson: You can call it by what
ever name you please. Phst is only q
question Of taste. But when we seek to
take certain citizens or the great body Of
the people Of the states composing the
union and call them national guard, we
give to such a military organization q
legal existence as national body. it is
no longer o mere state affair. 1t is quite
different thing from what you might
choose to call national guard by way Of
convenience amongst the states them
selves.
Again, we govern these people from q
national standpoint. In the first place,
we prescribe how they must drill and
how often they must drill in time Of
peace, and also where they shall drill.
We do not leave it to the states to say
how each state shall drill its own militia
or how often the state may require them
to be called into camp for the purpose of
drill or training.
Again, Mr.. Chairman, heretofore we
have supplied the militia Of the states as
state bodies, giving to each state its pro
rata of arms, whether it had the troops
or not, on requisition Of the proper officer
of the state, but from now on, if this bill
becomes law, these troops are to have
only what a United states army officer
says they ought to have.
Now, submit that you give them a
national name; that you give them q
national organization; that you consti-
tute them a national body; that you sup
ply them nationally; that you govern
them nationally; and if that does not
make in all respects q national body ]
would like to know how you would set
about accomplishing that purpose.
Mr.. Snodgrass: Let me ask the gen.
tleman from Georgia if the old law is
not changed in this, that this bill re-
quires them to report to the president Of
the United States while the former law
required them to report only to the gov
ernors of the statesp
Mr.. Hoar: That is not correct.
Mr.. Watson: do not know as to that
ror have not investigated the matter,
But as to furnishing them supplies and
governing them in time Of peace, as to
organizing them and prescribing their
makeup, there are three radical changes
in the bill from the old law.
Mr.. Cutting: Will the gentleman per
NIT me to ask him this question;
Whether he will point out single sec
tion of the bill that nstlonslizes the mi
litis any more than the existing law?
Mr.. Watson: l am going to ask you
first why you change the phraseology il
you do not mean to absolutely change in
fact the relation they have heretofore
borne to the states.
Mr.. Cutting: Will the gentleman
point out the section to which he refersi
Mr.. Watson: l am going to try to dc
SO, but cannoti il you keep on asking
me questions. Now, let any lawyer il