davidaulloa/AmericanStories huggingface dataset:
Jamestown weekly alert. [volume] (Jamestown, Stutsman County, D.T. [N.D.]) 1882-1925, 1900-05-10
A Legislative Bull.

The state supreme court has re-
versed Judge Pollock by holding that
there is no way for the state to collect
the fine provided by the legislature in
the noxiors weed act.
In the case of the State VS.. Chris
tian Messner, appealed from the dis
trict court Of CaSs county, involving
the noxious weed faw, the supreme
court holds that the law is inopera-
tive by reason of a legislative lapse,
the legislative assembly not having
designated for whose benefit the re-
covery of the penalty imposed by law
should be had. The action was
brought by the district attorney of
Cass county against the defendant,
who was the road oyerseer in Durbin
township, for the recovery of the pen
atty of $50 for failure to destroy nox-
ious weeds, as specified in sections
16S3-16S6, Revised Codes. The defend
ant, by his attorneys, Ball, Watson &
McClay. demurred to the complaint
on two grounds. one of which, the only
one considered by the supreme court,
raised the question of the states ca
pacity to sue. From the order of the
district court overruling this demur-
rer the defendant appealed, and the
supreme court reverses the decision OF
the district court.
In closing the opinion the coart
says: - ...
''If it is true under our statutes
and we think it is too clear for discus
siOn-that the state has no capacity
to sue for penalties except as author
lied by law, then certainly the state
cannot maintain this action. True
there is no other party who can main
tain it. That is Dy reason of legis-
lative lapse. If the legislature in
tends that penalties shall be recov-
cred in civil action, it must desig-
nate for whose benefit the recovery
can be had. Failing in that the pen
atty cannot be recovered"
Jamestown weekly alert. [volume] (Jamestown, Stutsman County, D.T. [N.D.]) 1882-1925, 1900-05-10
TRESTLE ON 500 BURNED
Serious Loss Sustained By the Com
pdny. Fargo Fire 4 Bad
One.

A 500 trestle near Valley City
burned last evening. The trestle was
900 feet long and between fifty and
sixty feet high. 1t was built across
a deep ravine with bluffs around about
and it will be difficult to transfer
goods until the trestle is rebuilt.
Section men attempted to put the fire
out shortly after it started but were
unsuccessful. The loss to the 500 is
considerable. Traffic will be greatly
delayed.
The losses by the burning Of the
Webster block in Fargo yesterday
amounted to about 100000 with in
surance Of about one third that
amount. Seven mercantile firms oc-
cupied the lower floor. Their loss was
total. In the upper story were living
apartments. Most of them lost all
their living effects and wearing ap-
parel.
Jamestown weekly alert. [volume] (Jamestown, Stutsman County, D.T. [N.D.]) 1882-1925, 1900-05-10
Representative Sulzer Makes De-
termined Effcrt to Call Up His
BOer Resolutions.
Republican Opposition Defeats The
Same In The
House.
Subject Also Comes Up in The
Senate and Mr.. Teller Ad-
voCateS Action.

WASHINGTON, May 8.-This was sus.
pension day in the house and Mr.. Sulzel
IN. " created slight furry by at.
tempting to secure the adoption of a
resolution expressing sympathy with
the South African republics He got
recognition before the approval of the
journal and moved the adoption Of his
resolution under suspension of the rules.
"The journal has not been approved
said the speaker. "The gentleman is
out of order"
A moment later, after the journal had
been approved, Mr.. Sulzer again de-
manded recognition.
"For what purpose does the gentle.
man rise?" inquired the speaker.
'This being suspension day." replied
Mr.. Sulzer, II rise for the purpose Of
moving: to suspend the rules and adopt
the resolution expressing sympathy
with the patriotic Beers who are fight
ing for liberty in South Africa
Chair Refuses Recognition.
1.-The chair declines to recognize the
gentleman for that purpose" replied
the speaker.
us it because the chair is opposed te
the resolution" asked Mr.. Sulzer.
1.-THE gentleman is out of order.''
"a parliamentary inquiry" shouted
Mr.. Sulzer.
''The gentleman will state his point. "
II desire to know whether member
Of this house has not the right to make
q motion in accordance with the rules
of this house?''
'The chair" replied the speaker,
"must perform its duties in making
recognition to suspend the rules. The
gentleman is out of order and will take
his seat"
Thereupon Mr.. Sulzer subsided.
Jamestown weekly alert. [volume] (Jamestown, Stutsman County, D.T. [N.D.]) 1882-1925, 1900-05-10
LEAGUE IS ACTIVE
Papers Issued for Forty Prosecutions
By the enforcement League
During April.

April has been very busy month
at the State Enforcement League
headquarters, evidence having been
received and papers issued for 40
prosecutions, though not all Of these
had yet been served. Nineteen Of
these cases are in one county. The
latest field of operations of the league
is Enderlin, Ransom county, where on
Monday, County Constable A. r..
Stone raided the blind pig operated
by E.. G. Kimball, an elegant place
and another run by Messrs. Baker &
Bartee. Two kegs of whiskey and
large quantities of beer and wine were
found and taken possession Of. A
temporary injunction had been grant
ed against the selling Of liquor by the
above named proprietors, Baker &
Bartee.
There was trouble, however, and
plenty of it when the officer attempt
ed to search the premises Of kimball
d great stir and racket being raised by
the proprietor and sympathizers.
Constable Stone arrested kimball for
resisting an officer, and took him to
Lisbon, where warrant was issued
for his arrest for maintaining a nllis-
ance, and the latest report stated that
he was still hunting for 5000 bonds for
his release.
Kimball is reported to have made
some statements that caused a great
sensation throughout Ransom county.
1t is claimed that kimball said that
he resisted arrest on the grounds that
he had paid Sheriff Lamb and County
Attorney Curtiss of Ransom county,
for protection.
Jamestown weekly alert. [volume] (Jamestown, Stutsman County, D.T. [N.D.]) 1882-1925, 1900-05-10
bOnatidc settlers on agricultural lands

bonafide settlers on agricultural lands
on Indian reservations open to settle
ment. These lands were taken up by
settlers who contracted to pay for
them S1.25 to 1915 per acre. BY the
terms of the bill, the government as
sumes the payment OF the purchase
price to the Indians, and changes the
existing law relative to agricultural
colleges SO as to insure the payment of
the endowment which heretofore have
come out of the sale of public lands in
case of deficiency. These payments
involve ST., 100000 annually. OF the
29,OO0,OOO acres Of Indian reservations
opened to settlement for which the
government is to pay or has paid $780,
000.0 900, about 100000 acres have been
taken and about 100000 are supposed
to be still available for agricultural
purposes.
Jamestown weekly alert. [volume] (Jamestown, Stutsman County, D.T. [N.D.]) 1882-1925, 1900-05-10
IN THE SENATE ALSO.
Mr.. Teller Discusses His Resolution Of
Sympathy.

Mr.. Teller Discusses His Resolution Of
Sympathy.
WASHINGTON, May Sat the begin
ming of the senate session Mr. Teller
called from the table his resolution ex-
pressing sympathy for the Beers and
addressed the senate.
Mr.. Teller called attention to the fact
that his resolution was pararh1ase Of
the Cuban plank Of the Republican ma
t1onal platform in 1896. He was salts
fed that it would be proper and right
to pass such resolution, and he quoted
a number Of precedents for such action
by the senate. He found a precedent
for for it in the resolution offered in the
house of representatives by Mr.. Clay Of
Kentucky in 1881, in the interest of the
South American republics, and in many
subsequent resolutions of a similar
character If this resolution was OBJ
jectionable to the senate, he thought
any resolution would be objectionable.
Such an Intervention as he suggested
could not be regarded as hostile or
unfriendly act.
Jamestown weekly alert. [volume] (Jamestown, Stutsman County, D.T. [N.D.]) 1882-1925, 1900-05-10
An Excellent Band.

The Casselton band gave an open air
concert Saturday evening, rendering a
number of excellent selections. For d
young organization the band plays ex-
tremely we'll. The members are hand
somely uniformed and, under DR.. S. G.
Putnam's direction, have made re-
markable progress. The members
include some Of the best known young
men in Casselton. Editor Charles e.
Stone of the CaSSeltOn Democrat is
assistant leader. The members are %
in number and have been organized
only since September last, and many
Of the boys never had an instrument
in their hands before that time.
Jamestown weekly alert. [volume] (Jamestown, Stutsman County, D.T. [N.D.]) 1882-1925, 1900-05-10
Delegates From Wells.

Delegates were elected in Wells
county Tuesday to the republican
judicial convention to be held in Val
ley City, to the Fargo convention and
to Grand Forks. Both sides claim the
judicial delegation, which, telegram
states, was uninstructed and will
vote as a unit. c. V. Brown was en-.
dorsed for national republican dele.
gate. Attorney Youngblood of Fes'
sender who is candidate for attor-
ney general named the delegates tC
the Grand Forks convention. The
delegation favOrs Senator Porter of
Foster, for secretary of state.
Jamestown weekly alert. [volume] (Jamestown, Stutsman County, D.T. [N.D.]) 1882-1925, 1900-05-10
10. The Human Snake
Eddie McLain.

IntermissiOn HOO p. m.-TO Our
Absent Brothers.
Note-Commissary General Franklin
Crapshooter Plummer and Aides de
Camp will issue rations of speed oil
and army beef, in sealed packages
Purcell BRANDY to those present.
sPAsM NUMBER TWO.
II. Something by the Band
II. A Little After-Dnner "Hot Air"
Charlie Stone. .
13. Coon Rag Time Warbler
Johnnie Weidemann.
IA. The Pied Pipers, Two of Them
Putnam and Stone.
Is. The Terrible Swede
Nellie Wasem.
l6. The Pagannini Of the Guitar
Allie Osborn.
II. Profundo de Basso in 9 Flat
Harry Schein.
IS. Cornet Contortionist-Solo
Clarence Putnam.
10. Adrift -Four Days on the Deep
without a Rudder
Sammie Crabbe,
Our Exhausted Rooster, Late Of
KlOndike.
Who are Royal Entertainers?
The Boys of No. 26O4!!!
''That's All.'
EXECUTIVE STAFF.
Josie Montgomery, chairman social
session; frankie Wolfe and BERTHE
Otis, "Fly Cops" two of the finest on
the force: Josie Purcell, custodian OF
the Commissary; Charlie Dill, George
Compton, George Merritt permanent
social session committee.
The ElkS are all right.
The candidates had to 60 along
some. Some are reported tohave struck
a two minute clip-and are not sure
they have stopped yet.
The machinery for transforming
Fawns into Elks was brought from
Fargo dray loads.
Fin Leech was the most gallant Elk
in the bunch. He was kept busy tip
ping his hat to the fair sex along the
line of parade.
Some of the Valley City, Casselton
and Wimbledon boys went through to
Fargo, returning on the afternoon
train Sunday.
John Haas supplied the Fargo boys
with cigars for the trip which act on
Johnnie's part was highly appreciated.
Jamestown weekly alert. [volume] (Jamestown, Stutsman County, D.T. [N.D.]) 1882-1925, 1900-05-10
Foster for Porter.

At the republican county conven'
tion held in Foster county for the
purpose of electing delegates to the
Judicial convention at Valley City
and the state conventions at Fargo and
Grand Forks. State Senator Porter
was the unanimous choice as the
county's candidate for the office of
secretary of state. He was given the
privilege of choosing his own delega-
tion. The delegation chosen to the
judicial convention were uninstructed
and will vote as a unit.
Jamestown weekly alert. [volume] (Jamestown, Stutsman County, D.T. [N.D.]) 1882-1925, 1900-05-10
North Dakota Crops.

The n. d. crop report issued by the
Bismark weather bureau says: The
past week has not been a favorable one
for vegetation. The rains of the pre-
cceding week were followed by dry
weather, with heavy frosts, and in the
eastern portion of the state, high
winds, both have done damage. Most
Of the small grain is now sown. except
flax. All early sown grain is up, but
reports as to its condition are very
conflicting. Rain is badly needed in
all parts of the state.
Jamestown weekly alert. [volume] (Jamestown, Stutsman County, D.T. [N.D.]) 1882-1925, 1900-05-10
Married,

Francis A. kellogg and Miss Ethel
Stevens of Courtenay We're married
Tuesday by Rev. G. II. Phillips
of the Congregational church. The
bride is a well known and popular
young lady. NJ. Kellogg is agent for
an elevator company at COurtenay.
The bride is a sister of John Reid of
Courtenay. Mr.. Kellogg has been a
resident of Courtenay for some time
and has wide circle of friends, who
extend congratulations on this happy
occasion.
Jamestown weekly alert. [volume] (Jamestown, Stutsman County, D.T. [N.D.]) 1882-1925, 1900-05-10
Permanent Fund Exhausted. =.

For the first time since the organ
ization of the state government the
permanent school fund is entirely de.
pleted. At a meeting OF the board OF
university and school lands last week
school district bonds to the amount Of
$4,000 were purchased, which con-
sumed the funds. There will not be
much more available money until fall,
when the third payment on school
lands which we're sold in 1890 becomes
due.
Jamestown weekly alert. [volume] (Jamestown, Stutsman County, D.T. [N.D.]) 1882-1925, 1900-05-10
North Dakota News.

The little 6-year-old girl of Mr..
Bergland and wife living near Lake
Wanitah, Foster county met most
peculiar death. AS she was carrying
a bottle Of milk to the wOrkmen in
the field the bottle fell into a badger
hole and as she bent down to get the
bottle She slipped down into the hole
and could not get out. 1t is not known
how long she remained in that condi-
tiOn. When the mother came out
and saw the condition her child was
| in she became frightened and called
| to the WOrkmen who hastened to the
child and pulled her already lifeless
body out OF the hole. 1t is presumed
that death was caused by fright and
SutfOcatiOn.
| Linemen are stringing wires on the
telegraph poles along the line of the
| Washburn road. Tracklaying was
commenced Monday.
| The State Bank of Harvey and the
| Harvey State Bank have consolidated
and will organize as the First Nat
ional Bank Of Harvey.
B. F. Sprague and Joe Fleming were
| arrested at Harvey and charged with
running blind pigs.
Dune. Mcdonald of Valley City
secured the contract for erecting the
! German State Banks stone building
at Harvey.
Special Agent Lounsberry vacated
six homestead claims near Harvey.
One man had proved up and had OBJ
tained a loan of $3.50 on the claim.
The money loaner is wroth.
Dozens of flower beds have been
CONSTRUCTED, bushels Of seeds planted
as well as vines and creepers, rustic
seats provided, and numerous other
improvements made in the Valley
City park and it promises to be a
bower of beauty.
The Edgley Mail reports the arrival
| Of about a dozen new settlers in that
part of La Moure county last week,
and all Of them bought land. They
will do breaking this spring and build
houses for their families to move into
next season.
A fund of 500, raised by popular
subscription, has been forwarded to
Mrs. O'Leary Of Mandan, who brought
about the closing of the saloons at
that place.
| Governor Fancher has pardOned
Gust johnson OF Fargo. sent to the
penitentiary not long since under SEN
tence Of d year for embezzlement.
johnson took his employers coin and
played the Slot machines
\ Fargo taxpayer wants Judge Pol
| lock given the privilege Of naming his
delegation at once to the judicial con-
vention-now that the judge has been
upheld by the supreme court in
case.
Over $500 has been raised in Grand
] Forks for the starving in India.
Jamestown weekly alert. [volume] (Jamestown, Stutsman County, D.T. [N.D.]) 1882-1925, 1900-05-10

A baby boy was born at the home of
Mr.. and Mrs. Thos. Lacy Sunday, May
9Th at Sykeston. DR.. Johns OF Cathay
was in attendance. Mrs. Lacy has
been very sick, but is now improving.
Her many friends will be glad to see
her up again.
Jamestown weekly alert. [volume] (Jamestown, Stutsman County, D.T. [N.D.]) 1882-1925, 1900-05-10
Foreman Stabbed.

Dagoes, employed on the n. p. at
Bismarck, imbibed too much booze
Sunday and brief battle ensued. NJ.
Rogers who attempted to separate two
who were fighting was stabbed in the
leg, as reward for being a peace
maker. He will probably be sent to
Brainerd hospital.
Jamestown weekly alert. [volume] (Jamestown, Stutsman County, D.T. [N.D.]) 1882-1925, 1900-05-10
The Free Homes Bill.

The free homes bill which has passed
the house provides that the govern
ment shall issue patents to actual
Jamestown weekly alert. [volume] (Jamestown, Stutsman County, D.T. [N.D.]) 1882-1925, 1900-05-10
Consumption Cure.

Warmers White Wine of Tar Syrup.
the best cough remedy on earth, cures
a cold in one day if taken in time. 25c
and soc. For sale by Wonnenberg i
Avis
Jamestown weekly alert. [volume] (Jamestown, Stutsman County, D.T. [N.D.]) 1882-1925, 1900-05-10

Lost-Black Cocker Spaniel, an
swers to name of Port. Return to
Dwight Donnslly for reward.
The Burke County news. [volume] (Morganton, N.C.) 1899-1901, 1900-01-26
Other Caldwell Items.

Lenoir Topic, Jan. 18th.
We received a letter this
morning from Mr.. 7. II. Deal.
He is still in Dawson, Alaska,
enjoying good health, and de
termined to make a fortune.
The letter was written Dec.
18th, '99.
Mr.. C. D. Coffey, of Collects
vile, is, perhaps, the largest
corn farmer in the county.
This year he had 60 acres
planted and it averaged so
bushels to the acre--makinghis
crop 5000 bushels.
Mr.. l. G.. Revis, Of Wilkes
county, but who married a
daughter Of the late j. w.
Smith, near Lenoir. is expected
home inafew weeks from Iloilo,
Philippine Islands. He is a
member Of Company ."1Sth,
U. S. Unfit, and has served
eight years in the regular army.
His command went to the
Philippines in Nov. '9S. His
wife, who is with her fathers
family near Lenoir, has the
glad tidings from her husband
that he will secure his dis
charge tomorrow Thursday }
and will take first transport for
home. It will take 5 OFT weeks
to make the long journey.
The Burke County news. [volume] (Morganton, N.C.) 1899-1901, 1900-01-26
CALDWELL.

Bold Theft -Caldwen's New Jail
Nearing Completion CALDWELL Mills
plant to Start Up Again Shortly.
Lenoir News, Jan. 10Th.
Caldwell's new jail is now
nearing completion, and is
quite a presentable building.
We are told that the road
from here to Blowing Rock is
in the worst condition it has
been for years.
Last Wednesday night some
one broke into the kitchen part
Of Mr.. j. T. Montgomery's
house and stole nearly the
whole of a hog that was sailed
down IN the room.
The Caldwell Mills { Plant }
will start up in a short time.
The company are getting things
in shape about the mill and
hauling in logs from the boom
at Collettsville daily. The
recentrains have broughta good
many logs down the river, and
they will likely run the mill for
some time.
Calvin j. Cottrell. Esq, of
Watauga, was in to see us yes
terday. He tells us Mr.. Geo.
II. Blair, of his neighborhood,
has several hundred bushels of
nice potatoes to be marketed
The Burke County news. [volume] (Morganton, N.C.) 1899-1901, 1900-01-26
WATAUGA.

Death Of Mrs. Jas. Taylor Educa-
tional Interests on a Boom-An
Epidemic Of Whooping Cough.
Boone Democrat, Jan. 18th.
Temperance Baird and son,
Stuart, are preparing to leave
for the State Of Washington in
the near future.
The whooping cough is be-
coming an epidemic in Wa
tauga. 1t is said that there
are more than a hundred cases
on Meat Camp.
1t is a pleasure to us to note
that the schools at Cove Creek,
Sutherland and other points
are prospecting, as we'll as our
own. Truly the educational
interests within our borders
are on a boom.
For some time Mrs. Jas.
Taylor, Of Meat Camp, has
been suffering from heart trou-
BILE, and on last Sunday, at II
a.. M, death claimed her as a
victim, and the spirit of that
noble, christian lady took its
flight to the God whom she had
served SO devotedly for SO
many years.
The Burke County news. [volume] (Morganton, N.C.) 1899-1901, 1900-01-26

Miss Harriet J. Wilson and
Jonathan Duncan, both OF
Marion, were united in mar
riage by Justice of the Peace
W. F. Craig on Tuesday at
his office. This is Mr.. Dun
cans third venture in the mat
rimonial line.
Justice Of the Peace w. F.
Craig officiated at the marriage
Of Miss Jennie, daughter Of
James Godfrey. Of Gaffney, S.
c., to John r. Sewers, Of
Statesville, n. c., last Sunday.
The ceremony was performed
at the residence of the BRIDES
cousin, W. w. Godfrey, of
this place.
Receiver George /. White,
acting under a decree of court,
on Saturday sold the stock,
fixtures, ETC., of the drug firm
of Morphew & Harvard at
public auction to the highest
bidder. Dr.. NJ. F. Morphew
bid in the business and on
Monday the store was opened
once more to the trade.
Joseph Franklin, Of North
Cove, who was brought here
Thursday Of last week, charged
with being implicated in the
shooting of Robert McGee, a
neighbor, at the Cove, the day
before, was given a hearing
before Magistrate Craig last
Saturday. Franklin claimed
that he had nothing to do with
the shooting and stated that
his son had the gun. Offering
no bond, Franklin was remand
ed to await trial by court. The
younger Franklin has not yet
been arrested audit is reported
that McGee is in a serious con-
dition and growing worse.
The Burke County news. [volume] (Morganton, N.C.) 1899-1901, 1900-01-26

| want to let the people who suffer
from rheumatism and sclatica kno"
that Chamberlain's Pain Balm relieved
me after a number Of other medicines
and a doctor had failed. 1t is the best
linlment | have ever known of. A.
DoDGEN, Alpharetta, Ga. Thousands
have been cured OF rheumatism by this
remedy. One application %relives the
pain. For sale by w. A. Leslie
druggist.
The Burke County news. [volume] (Morganton, N.C.) 1899-1901, 1900-01-26
MCDOWELL.
Joseph Franklin Bound to Court Two
Marriages Cabin Burned.

Marion Democrat, Jan. 10Th.
Photographer j. c.. Howen-
stein. who has announced his
intention of removinghis bust
ness to Morganton, is doing a
rush" Of work. He leaves
here on February 10.
The cabin Of NJ. Feamster.
colored, located about five
miles west Of Marion, was de.
stlOyed by fire one night
last week. The occupants had
a narrow escape from being
burned to death and saved but
few of their belongings. A
colored woman, residing in the
neighborhood, is charged with
setting the cabin on fire and a
lawsuit may follow.
The Burke County news. [volume] (Morganton, N.C.) 1899-1901, 1900-01-26

A stranger went to a private
house Sunday night and de-
manded admittance. A row
followed in which several shots
were exchanged. The stranger
had a bullet hole through the
leg Of his pants and was fined
$500 and costs by Mayor
Cobb.
Our talented townsman, Mr..
w. Adger Fair, is engaged in
writing an historical novel,
the scenes Of which are in this
section during the revolution
airy period. He is most care
full and painstaking IN its
preparation and the collection
of the historical data. That
the work will prove Of great
interest and high literary merit
is assured by Mr.. Fairs re-
cognized talent as a writer and
his rare intellectual gifts.
The cotton mill owners along
the South Fork had a consul
tation here yesterday with
General Manager Nichols and
Chief Engineer Fletcher Of the
Carolina & Northwestern re
lative to an important
change in the line Of that rail
road. Preparations are being
made to change the road from
a narrow gauge to standard
gauge and an effort is being
made to have the route changed
at Harden and run up the
South Fork river passing by
the Harden High Shoals, Long
Shoals, Laboratory, Lincoln.
Daniel and Elm Grove Cotton
Mills. The Importance to the
mills Of this change is obvious
and we learn the mills are Of
fering inducements to the rail
road to secure the change OF
route. Up to the hour Of go
ing to press nothing definite
has been learned of the result
Of the conference. It wa
whispered, too, to the Journa
yesterday that there is a likeli-
hood Of the Southern's captur-
ing the G. & n. w. from the
Seaboard. This would give
Lincolnton the advantage O.
competing lines and no Lin
colntonlan would be apt t
kick over that.