davidaulloa/AmericanStories huggingface dataset:
The evening times. [volume] (Grand Forks, N.D.) 1906-1914, 1906-02-16
PRIMARY | | LAW NOT
EFFECTIVE At
FARGO
No Party Candidates and There
Will Be No Primaries Y.
Local Opinions.

"A peculiar situation prevails at
Fargo so far as the new primary cleo
ton law is concerned. To date there
has not been party candidate filed.
All petitions are under the old law
and for Independent candidates. The
general opinion is prevalent in that
city that there will be no party can
didates and that the primary law will
be ineffective.
The question naturally arises, If
there are not party candidates, how
can there be any party nominations
Under such conditions would the city
be compelled to go through the ex-
pense of primaries for the simple pur-
pose of fulfilling the provisions of the
law? City Attorney Newman has rul-
ed that If there are not party candi-
dates to file. there will be no primary.
He holds that the object of the law
is to provide for party nominations
and IL there are no parties there can
be no nominations and hence the law
is ineffective.
There will be no such difficulty in
Grand Forks as three party candi-
dates have already filed. In fact the
only candidates so far are party can
didates. John Dinnie for mayor, j.
r. Church for city justice and Oscar
Knudson for alderman from the
Fourth ward, all republicans.
However, 1t is interesting to note
the position of officials and attorneys
relative to the matter. 1t is the opin-
ion of Auditor Brown that it would be
necessary for the city officials to pre-
pare blank ballots as the law allows
of stickers or of writing the name in.
The people could not be deprived of
voting If they SO desired.
States Attorney Wineman holds that
the fact that there are no party can
didates does not lessen the RESPONSE
bility of the city officials relative to
allowing each nan to vote. The cleo
ton must be held just the same in or
der that people that SO desire may use
stickers or write the names in He
differs from City Attorney Newman.
He authorizes The Evening Times to
state that there would be primaries
held SO far as Grand Forks county
is concerned whether there were any
party candidates or not.
r. M. Carothers has been studying
the question for some time and is of
the opinion that City Attorney New
man is right. If there is no party can
didates there can be no election. If
the first part of the law relative to
petitions and filing them is not COM
piled with, there seems to be no valid
reason why the city should go to the
expense of allowing few people to
go and use stickers or write in names
He is emphatically of the opinion that
Newman's position is sound.
The evening times. [volume] (Grand Forks, N.D.) 1906-1914, 1906-02-16
GRAND FORKS HIGH.
SCHOOL LARGER
THAN FARGO
Also Better in Point Of Eff
ciency-strong Corps of
Teachers.

Superintendent ]. Nelson Kelly of
the Grand Forks schools is preparing
circular of the high school for dis
tribution over the city and state. 1t
Is not fact generally known, per-
haps, but Grand Forks has the largest
and best high school in North Da-
kota. Superintendent Kelley reports
that the Grand Forks school has an
enrolment of 275 while Superintendent
Hicks of Fargo says. that he has $40.
This is not an exceptional number in
either case. While it is the largest
enrolment the Grand Forks scbon!
has ever had, it is not larger than a
legitimate growth would warrant and
the growth is not of the mushroom
kind, it will be larger next year. 1t
Is also Fargos largest enrolment.
1t is not alone in numbers that the
Grand Forks school exceeds it's sister
school at Fargo but in efficiency as
we'll. 1t is the consensus of opinion
among educators that the local scIpo l
has the better equipment of teachers
and that it has never been retarded
lin its growth by internecine strife
Fargo has had quarrels and .lua rels
between the high school principal and
the superintendent, while here every
thing has been harmonious
The teachers are all most carefully
selected by Superintendent Kelley. All
ore university graduates with large
experience as teachers In high schools
While there are but eight teachers at
present., two more will be added next
year.
The evening times. [volume] (Grand Forks, N.D.) 1906-1914, 1906-02-16

In an order for. the publication Of the
summons are merely conclusions that
a finding Of due diligence will not be
upheld.
3. A finding that the residence OF a
party is in specified place is find
ing Of fact and not conclusion.
4. The facts stated in an affidavit
for publication of the summons con-
sidered and help sufficient to sustain
an order of publication; and that the
publication of the summons pursuant
to such order conferred Jurisdiction
on the court to, enter judgment of
foreclosure of real estate mortgage
against a nonresident defendant.
s. The failure to file the afiidavit
and order for publication until one
day after the filing of the summons
and complaint does not invalidate a
publication of a summons, as the stat
ute does not prescribe that the affida-
Wit or order shall be filed at the time
the complaint is filed.
6. In an action for specific per-
Torrance, the allowance of interest
on the purchase price due on a con-
tract for the sale of real estate in
favor of the vendor was proper, where
the vendee did not pay the same when
valid deed and abstract was tender
ed pursuant to the contract, although
the contract did not provide for inter-
est, as the vendee had taken possess
sion.
z. Courts of equity will adjust the
rights of parties to such contracts
such actions SO as to give to each
what he would have received under
the contract If there had been no de-
fault by the vendee.
The evening times. [volume] (Grand Forks, N.D.) 1906-1914, 1906-02-16
HIGH SCHOOL
BOARD
Held Last Evening ut the U.-Pem.
bina School Admitted to First Class
-Debaters Leave Today for Winni.
(By q Stafr Correspondent. !

(By q Staff COrrespondent)
University, Feb. 16.-The state high
school board, composed of Governor
Sarles, President Merrifield and Super
intendent Stockwell, held regular
business session at the university
Tuesday afternoon. The Pembina high
school was admitted to first class and
those at Bottineau, Harvey, Caledonia,
Hankinson and LaMoure were designa-
ted as secong class schools. This
makes total of twenty-six first class
and sixteen second class high schools
in our state, figures which indicate the
steady growth of our excellent system
of public school education.
Among those who accompanied the
University of North Dakota debating
team to Winnipeg this morning were
the Rev. F. E. R. Miller, one of the
judges; DR.. Libby, Prof. Koch, w. C.
Westergaard and Martin Rund of the
Student" editorial staff, and Dan
Brennan, F. E. McCurdy and Will
Hutchinson, the university's inter-
collegiate representatives who will de-
bate with Carleton college in few
weeks. A special rate of Sc. Is for the
round trip was made by the Great
Northern railway, and quite number
of the students went north to root for
their men.
The athletic board OF control held
its regular monthly meeting, as pro-
vided- by the new constitution of the
association, last Friday at the univer-
sity. The following student managers
were elected: John Carkin, basket
ball; Dave Boise, baseball; Jay Bliss,
track. In these men the student body
will be given capable representatives.
The street car has not been in oper-
alton this week owing to the snow
blockade and an accident to the car
motor. Bobsleighs are making trips
between Third street and the "U" on
the street car schedule to accommo-
date town students.
One of the most enjoyable social
events of the winter at the university
was the hop given by the athletic as
sociation at the armory last Saturday
evening. In the receiving line were
President and Mrs. Merritield, Dr. and
Mrs. Stewart, Prof. Brannon, Miss
Donovan and Miss White. The univer-
sity orchestra furnished their usual
excellent dance numbers for about
fifty couples.
The evening times. [volume] (Grand Forks, N.D.) 1906-1914, 1906-02-16
SHOULD BE MORE CAREFUL.
Drivers Who Make Corners nj Break.
neck Speed Should Be Careful.

This morning a hack whirling the
corner to go down Walnut street from
Third street ran into a pedestrian
knocking him to the ground with such
force as to almost break some of his
limbs. The hackman got away with
out being recognized and the pedes-
trian was highly indignant. The driv-
ers of hacks as we'll as other vehicles
in this city are altogether too careless
about this matter and should slack
up when they go around corner thus
insuring safety to themselves as well
as others. If they would be more care
full less trouble would be caused and
the people who walk across the streets
would do SO with less danger
The evening times. [volume] (Grand Forks, N.D.) 1906-1914, 1906-02-16
THE ICE CHAMPIONS
MEET At DACO1Ah ]
TONIGHT
Norval Baptie and Charlie
Rankin Skate for Worlds
Championship.

This evening will be a memorable
one among the lovers of Ice sports in
Grand Forks and vicinity. The great
est skating contest ever pulled OF In
the city will take place tonight when
Norval Baptie of Bathgate, N. D., and
Charlie Rankin of Duluth contest the.
worlds championship in half mile, one
mile and two mile races at the Dacotah
ice rink. There will be but three
heats, but Rankin is fast young fell.
low and while he will probably 60.
down before the renowned Baptie, he,
will doubtless make it an interesting
contest. The judges will be C. O. Ma
loney. J. W. Lyons and c. E. Kelley.
The starter will be Tom Hill.
Norval Baptie, the worlds champion
skater, is but 26 years ofage, a native
Of North Dakota and has; skated since
he, was II years of age. He won the
worlds championship at Montreal last
winter when he went against Johnnie
Nelson of Minneapolis, Peter Sims
rud, the European champion, and Har-
IVY A|ovAuoOA. ANCAASOll u6u u6lu lUGs
championship since 1896, and lost It
on Feb. 4, 1905. There. will be no
world championship races this year,
the one tonight only being called such
in an unofficial manner.
Charlie Rankin of Duluth is but 20
years of age and native of that city.
He won the mile championship of Min
nesota on Jan. rs at Duluth from Carl
Alsworth OF Superior, who had held it
for nine years.
Mr.. Baptie will go from here to St.
Paul, where he will do an exhibition
stunt in a downtown rink. He will
meet Peter Simsrud, the European
champion, during the week. From
there he goes to Pittsburg for week
of professional work. He will not fill
any more dates in this section during
the present winter.
The evening times. [volume] (Grand Forks, N.D.) 1906-1914, 1906-02-16
ABSOLUTE
FALSE

ternational Harvesting Machine
Company is Not Looking for Cheap
Hotel Rates.
The following item appeared in the
Fargo Forum of last evening and was
copied in the morning sheet of this
city:
A report. is current in U. c. T. circles
those representing machinery houses,
that employees of the International Har-
states calling upon hotel men and using
their best endeavors to persuade. the
mine hosts" to sign q contract allow.
fiat rate of 81 SO day where the regu-
lar rate Is 81. Little attention was paid
to the report at first by the knights of
a plain case which the Representative
Of leading machine house at Min
neap POLLS SO says he can verify The mat,
meetings Of the U. i. 6. councils. Sc '>'
When Manager ] F.. Jones attention
was called to the article this morning
by The Evening Times, he was most
outspoken in his denial. Mr.. Jones
has charge of northern North Dakota
and northwestern Minnesota for the
/. H. Co., and he authorized The Even
ing Times to state emphatically that
SO far as his territory was concerned
it was absolutely false. The subject
has never been suggested to him by
the company and his travelling men
have received no such instructions.
The fact Of the matter is that the story
is highly improbable. If Mr.. Jones
knows nothing of it, it is not at all
likely that the great machine trust
has Instructed other managers to that
effect in the territory designated.
The evening times. [volume] (Grand Forks, N.D.) 1906-1914, 1906-02-16
TAKES CHARGE
OF AGENCY
Guy {. ThOrnburg Of Cr0okstOn Has
Been Promoted to the Superinten.
dency Of the j. Case Offices Here
General Manager Coming.

A change which many of the resi-
dents and farmers of Grand Forks and
vicinity viii appreciate was instituted
this morning when Guy C. Thornburg
of Crookston took charge of the local
Lranch of the J. |. Case company's
offices. Mr. Thornburg has been trav-
cling for that company and by his
willingness and efficiency has shown
that he was worthy of the position
and consequently the officials have
given him the position named above.
He will take charge OF his duties inl-
mediately and will endeavor to give
the public efficient service. Oscar
Hanson OF Fargo, general superintend-
ent of the company, will arrive in a
few days and fix up things in gen.
eral so the new manager can start in
The evening times. [volume] (Grand Forks, N.D.) 1906-1914, 1906-02-16

church In maintaining schools Of its
/ own is to insure Leadership In re-
sligious and denominatio WORK.
There is, therefore, logically, no con-
sflict between their respective missions
for the same young people are to serve
In both these capacities. These two
missions being In no sense antagonis-
TIC. but supplementary, 1t would seem
I the part of wise economy that these
two educational agencies should avail
themselves. 30 far as possible. of the
facilities and appliances of each other
in the working out Of their respective
missions. keeping always in view the
principle of the separation of the
church and state in SO far as regards
the control and expenditure Of the
financial resources of each.
Accepting the foregoing principles
as fundamentally sound, the University
of North Dakota cordially invites the
people of the various denominations Of
the state to the consideration of q
plan under which the members of the
several denominations while preserv
ing their UNCONVENTIONAL identity and
maintaining separate institutions for
such educational work as they may
deem necessary, shall join, its citizens,
In patronage of the state university
as the common agency for the higher
education of the youth of the state
AS basis of cooperation between
the state university and the Methodist
church of the state, the following sug-
gestion seem practicable:
/. That the Methodist church change
the name of its institution from the
Red River Valley University to Wse-
ley College.
2. That a building or buildings be
erected in near proximity to the state
university but on a separate campus
to include a Guild Hall, such recita-
ton rooms as may be required for the
work proposed, possibly dormitories
for young women and young men and
a presidents house.
8. That the course of study may be.
(a) Bible and Church. History, Eng
lish Bible, New Testament Greek, He
brew, Theism, and such other subjects
as the college may elect in pursuance
of its purpose.
(b) A brief course that may be des-
ignated as Bible Normal course, in
tended especially to fit students to be-
come efficient Sunday school teachers
and lay workers, and upon the COM
pleting of which certificates of recog
milton may be granted.
(c) Instruction in music and elocu-
ton may be given if desired, and APP
propriate certificates granted.
td) Guild Hall lectures.
4. That the state, university grant
for work done in subjects included
under (a) above, such credit toward
the B. A. degree as it gives to techni-
cal work done in its own professional
schools and to work done in other col
leges of reputable standing: Likewise,
Wesley College shall give credit for
work done in the state university in
similar manner as preparation for any
degree or certificate it. may offer.
5. Each Institution shall have full
control of the discipline of students
upon Its own grounds.
6. 1t shall be deemed proper for
students to take degrees from both in
situations il they SO DESIRE
University, North Dakota. January
9, 1905.
Edward P. Robertson.
Webster Merrifield.
The evening times. [volume] (Grand Forks, N.D.) 1906-1914, 1906-02-16

$500, Revised codes of 1899, and all
the evidence that is offered is re-
ceived. although some of it is OBJ
1ected to, this court will not remand
the cause for another trial under said
section which authorizes this court to
grant another trial where necessary
to the omplishment OF justice.
2. The reception OF such evidence
under such circumstances although
$it may be error. does not authorize
new trial under said section, but is
an error Of law occurring at the trial
which must be objected to. excepted
to, specified as error in the statement
of the case, and assigned as error be-
The evening times. [volume] (Grand Forks, N.D.) 1906-1914, 1906-02-16
fore the same will be reviewed in this

fore the same will be reviewed in this
court
3. An amendment Of a complaint
after notice and about sixty days be-
fore the trial. which does not substan-
TALLY state different facts, is permits
sible, although the prayer of the ORR
ginal complaint is one applicable to
claim and delivery proceedings, and
that of the amended complaint per-
tains solely to demand for damages
for the conversion of the property.
4. A demand followed by a refusal
to deliver property is only evidence
of conversion and need not be made
before the commencement of the ac-
tion in case a demand would be OBJ
viously unavailing, as when, by plead
ing and proof, the property is shown to
be detained under claim of absolute
right.
The evening times. [volume] (Grand Forks, N.D.) 1906-1914, 1906-02-16
WARREN AND
Y. M. G. A.
Also the University Will Meet in Bus
ket Ball Games Tomorrow-Fast
Games VIII Be Played Both in the
Afternoon and Evening.

One Of the fastest basket ball games
ever played in this city will be pulled
off in the university armory tomor-
!, row afternoon at 4:15 o'clock Both
teams are the fastest in their line and
1t Is expected that the gu" will come
out with honors. The two teams met
a few weeks ago at Warren and the
Z u" was showed under by the WARREN
ties. Consequently the students are
out for revenge and expect to wipe
the visitors off the map. The lineup
of the visitors has not been received
/ to. date, but the local team will line up
as follows: Center, Sorenson; left
guard, Fornham; right guard, Nelson;
right forward. Johnson; left forward,
Metcher.
Game mt Y. NJ. C. A.
Tomorrow night the Y. M. C. A. gym
nasium will be the scene of another
fast basket ball game, when the War;
rem high school quintet VIII face the
fast Y. N. q. A. aggregation. The
Warren team comes here with a long
string of victories Decking it up, and
promises to make the Y. M. C. A. score
appear about as scarce as Il ham sand
wich at a Jew picnic. The visitors
+ will probably arrive in the city to-
night, as they have a game with the
university in the afternoon. The uni
versity team is out looking for deep
revenge to atone for its defeat at War;
rem two or three weeks ago. The Y. M.
g. a. line-,p will probably be: Dietz.
left forward; Woods, right forward;
Fawcett (capt) center; Woods. right
guard Chittich or Albertson. left
/ guard.
The evening times. [volume] (Grand Forks, N.D.) 1906-1914, 1906-02-16
OPERATIONS
TO BEGIN
Pembina Portland Cement Company
Will Open Work ut Plant Near Mil.
: ton Next Tuesday-Some Changes
Promised.

AVhAsSNs
Thomas d. Campbell who is general
superintendent of the Pembina Port
land Cement company, is in the city
this week. and informed The Evening
Times this morning that the plant near
Milton would begin the manufacturing
of cement week from next Tuesday.
The plant is uaieisa.ag changes
which will make it within few
months one of the big industries of
the state. When the mill starts next
week it will have a capacity of 800
barrels daily, and SO soon as the
weather will permit of the installa-
tion of the new machinery, the capa-
city will be moved up to the 500 bar
rel capacity and in a few months it
will be increased to 1000 barrels. The
material is mined by tunnel driving
into the side of a hill, and increases
in quality as the depth of the head
ings are increased. The ore is burned,
crushed and ground, the latter process
reducing 1t SO that every particle will
pass through a sieve with 10000
meshes to the square inch The COM
pany employs IS men. and because
the work is largely protected, the
plant will be run the entire year.
There is a ready market for the pro-
duct, and the demands being SO much
larger in recent years than the sup
ply the company was able to put out.
caused the increase in the producing
power Of the plant this year. and it
now looks from the orders coming in
that there would be trouble In keeping
the supply equal to the demand.
The evening times. [volume] (Grand Forks, N.D.) 1906-1914, 1906-02-16
A LOCAL CASE
DECIDED

Lever Court Affirmed In Pillsbury
Against Streeter-B Both Parties Get
"a Square Dealr Affidayit for Pub.
LEGATION Considered.
John s. Pillsbury and Charles s.
Pillsbury against J. B. Streeter. Jr...
Company. {.
Appeal from the district court Of
Grand Forks county; G. j. Fisk. Judge.
Thomas H. Pugh for appellant.
Guy G. H. Corliss for respondents
Opinion by Morgan, G. j. Action to
COMPEL specific performance Of con-
tract. Judgment fof plaintiff and de-
PENDANT appeals AMrmed.
Syllak1s. 81
4. The findings OF the, district court
that 1t is satisfied that the facts stated
lin an anidavit on which an order Of
publication Of q summons u requested
are trne will not be disturbed where
1T fairly and reasonably appears that
\ the facts stated IN the afIidayit show
/ due diligence. ISL "a
q. It Ii only where such recitals
The evening times. [volume] (Grand Forks, N.D.) 1906-1914, 1906-02-16

On his duties all Strengthened out. The
business men of Grand Forks will well
come Mr. Thornburg as an addition
in their midst.
Chicago Tribune: Don't you think :
said Deacon Hardesty, that our
preachers sermons are sometimes too
long?TT 5
You're the last one that ought to
say that" answered Deacon Jymes.
He quits preaching the moment you
begin to nod. I've heard him say so. =
B I'm glad you told me- rejoined
Deacon Harlesty. I'll nod at the end
Of .fgrty minutes after this" s
The evening times. [volume] (Grand Forks, N.D.) 1906-1914, 1906-02-16
JUDGE PALDA
AFFIRMED
Case Of Moore Against Burger and
Moyius From Ward County is If.
tirmed-Conversion OF Property Rule
Laid Down.

A. Y. More and John l.. More, part
ners as More Bros, against r. B.
Burger and l.. w. Movins.
Appeal from the district court of
Ward county; l.. J. Palda, Jr., judge.
George H. Gjertsen, (Newton & Dull
lam, of counsel,) for appellants.
Jerome Parks for respondents.
Opinion by Morgan, C. j. Judgment
for plaintiffs and defendants appeal.
Affirmed.
Syllabus.
l. Where an action is properly ,tri-
able to jury but jury is express
ly waived and it is tried under Section
The evening times. [volume] (Grand Forks, N.D.) 1906-1914, 1906-02-16

Once in a great while a woman gets
SO angry at her husband that she even
refuses to talk back. IA
The evening times. [volume] (Grand Forks, N.D.) 1906-1914, 1906-02-16

A man with a new watch is always
anxious to consult it.
The evening times. [volume] (Grand Forks, N.D.) 1906-1914, 1906-02-16

CUSTODY
Habeas Corpus Proceedings In TweteD
Case TO be Argued Before Judge
Fisk Tomorrow-Sentiment is d.

The hearing in the hdbeas corpus
proceedings instituted by Charles TIVE
ten against his wife to recover possess
sion of his children. Sill Le beard by
Judge Fisk at 10 o'clock tomorrow
morning. The case has attracted con-
siderable attention locally, and senti-
ment is somewhat divided on the mat
ter.
The evening times. [volume] (Grand Forks, N.D.) 1906-1914, 1906-02-16

3 Subscribe for The Evening Times.
The Cairo bulletin. (Cairo, Ill.) 1???-1928, 1906-08-31
CHICAGO LIVE STOCK.

Chicago. H., Aug. 30.-CATTLE-
All good natives were in good demand
at prices on a level with these obtains
able yesterday, but there was TEND,
ency for easier tone for natives which
had TO be sold under Sc.
HOGS-The downward trend was
not interrupted today, another g.
cline of ) cents taking place. The
buyers were naturally bearish and this
proclivity was encouraged by the fact
that in addition to todays run of 49,
GOO there were 10000 held over from
yesterday. Shipping orders were mea-
gre, and eastern buyers would take
hold only when concessions were
granted.
SUSCEPTIBILITY steady. Light sup
plies of lambs caused prices to rule
10 and . cents higher.