davidaulloa/AmericanStories huggingface dataset:
Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1909-05-02
AND
COMMERCE
go
Wan Street.

New York. May l.-Speeulative at
tention in today's stock market vas
diyested to picked stocks or groups Of
securities while the general list was
neglected and sluggish and the under
tone heavy. Sentiment was affected
nv the unreasonable Weather and tho
n%nfavorable effects to be feared on a
grain crop in need of development to
insure against deterioration and re-
duced yield.
some determined or retarding effect
on mercantile activity Is reported nlso
as an effect of the backward spring
The holiday in London detracted
something from the usual participa-
lion in the market and left opinion
uniform on the foreign view of events.
The publication of statistics of i'm
migration attracted attention by its
disclosure that incoming steeragc pas
sengers for the first three months Of
the year have increased again to ear
the record figures of 1907. Outside
hanks are very large leaders in New
York. The Canadian bank statement
is of interest in its indication Of call
loans placed in New York to an esti-
mated amoun of $1l7,S00, 600.
The improved industrial outlook is
given credit for this department.
Features OF strength in the days
market were the Erie securities. the
Canadian Pacific group, Pennsylvania
and Western Union. The general level
of prices was little changed by the
days transactions. Closing stocks:
Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1909-05-02
First Published April -, 500.
SMALL HOLDING CLAIM No. 1923
Not Coal Land.

Department OF the Interior, Land Of
flee at Santa Fe, y. Mex. April 20.
1909.
/, Barbara Hilario. Administrative
and widow Of Jose Hilario ~tdcccased).
Of Seama. y. Mex, who made filing
for Small Holding Claim No. 1923,
situated In Valencia CO.. n. Mex, be-
ing for the Mex, section No. I. in
township No. 3 ~. OF range No. : W,
y. Mex. meridian. do hereby give no
tice of my intention to make final
proof TO establish my claim to the
land aboVe-dcscribcd. under the act OF
March g. 1891 (26 stats, S54), as
amended by the act OF February q.
1893 OF Stats. 400. and that I ex-
poet 10 prove my continuous adverse
possession Of said tract for twenty
years next preceding the survey % the
township, before l.. s.. Comr. Geo. II.
Pradt. nj I.aguna. n. Mex, on June
10. 1909. boy twO Of the following wit
nesses John Hiei David tiiei. George
Tearia, Frank Stone. all OF Scama. X.
Mex.
Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1909-05-02

Chicago, May 1-Cattle-Receipts
100: strong. Becycs $490m7.00. Texas
steers $3.50 n 500: western steers
81 o sos; stockers and feeders $3.50
@5,5j; cows and heifers 81. 80 a els;
calves $50 0 va 7.25.
Hogs-Receipts 1900. strong.
Light SO. rs 7.20; mixed 500 a 7.35;
heavy $4,000 1.S5; rough $500 :. 05,
pigs $j70M go; bulk of sales S7.10M
$50.
Sheer-Receipts $1,000; steady. Ma
tive s3.70M615; western $3.50 ga;
yearlings 5000 7.05; lambs SO Goa
1855. western lambs $50 SIS.
Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1909-05-02
FOR Sales.--future.

FOR sALE-Star Furniture Company
sell goods on easy terms OF the
lnstallment.
MISUNDERSTANDING to repair. W.
a Con g Co. phone SOS.
FOR RENT-Complete furnishings
for Broom house. Apply $40 ).
walter.
FON SALE-Mission furniture or n
nye-ro0m house. including coal
and gas rnnge. rugs. linoleum ana
utensils. 500 S. Walter. phone 81.
FOR SALE-Cheap Mission furni-
ture 400 or part. House for rent
3e4 s walter
FOR sALn-Compicte furnishings of
3D. 5-room house. no sickness. 6G5
~. Firm street
HDIFsEHOLB effects ef al kinds
cheap at 324 S walter.
Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1909-05-02

Kansas CITY. Nav i-'attlc-ie-
eeinfs 1000. including sou ~nntn,
steers 81 so e. 6 %, southern
rows San0H52s. native CONS ahn
h.teers 50 75ag90: stnckers anu
feeders Ss.75@5.Tj. bulls S3fVe '-p'
Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1909-05-02
FOR SALE-BuSineSS.

FOR SALE-A blacksmith outfit ana
large stock Of material. cheap, in
growing town; extra good opening;
good location. Address J. s. g., Morn
ing Journal.
Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1909-05-02
FOR SALE

S2lOO-5-roOm modern frame cot
tagc. well built; cellar, good out
buildings; =. Walter ST. on Or-
uer.
$IGO0-3-r0Om frame. good barn,
; lots, so fruit trees; y Eighth
street.
SaO0O-i-rOom modern brick rot
tagC: y. second street. good
value.
S2IOU-I-rOOm modern brick,
lawn. good outbuildings, corner
lot. 4th ward.
S3.5O-7-roum. two-story brick,
bath. cellar. cement walks, >.
Arno. -.
s2sOO-5 roOm, modern. comont
block cottage. South Edith "a.
Close La.
sfIOO-4-roOm frame. ". stb st.,
BO-ft. lot. city water; oAsy terms
II desired
S3OOO-5-room. modern brick,
cementcd cellar, large barn,
close iu.
S235O-5-rOom. modcrH brick
near car line.
SOME CHOICE LOTS IN THE
PEREA ADDITION.
Business property AID -ahtles Tor
sale. Money 10 loan
A.. FLEISCHER
sIsh south sn,o.o sUo~t.
Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1909-05-02
Land office at sa

Land office at Santa Fe. y Mex.
Aprl 20. 1909.
Notice Of the above application win
be published in the Albuquerque Jour
nal. printed at Albuquerque. n. Mex,
which hereby designate as the news-
paper nearest the iaud described in
said application.
MANUEL r. OTERO.
Register.
Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1909-05-02
HELP WANTED-FemaIe.


WANrED-Competeut woman FOR
general Homework. Mrs, John Lee
Clarke, 500 W Roma.
NEUTRALITY-SUSPICIOUS. salesladies at
The Economist
WANTED-Compcteut girl for gen
eral housework, good wages. An
~ Mrs. T.. Roscnwald, III West Cop
per.
WANTED a girl for general house
work. Inquire los $ Arno.
WANTED -A An experienced sales
lady. Apply at ltosenwalds
WANTED Competent woman for
general homework, apply mornings.
SIC w. Copper.
ANY LADY eau easily make from
$500 10 $500 per week working
for mo quietly IN her own home To-
cality. This is a bonafide offer-one
which will pay you to investigate.
even if YOU can only spare two hours
per day. No Investment required.
Turn your spare time into money.
Write me at once for particulars. Adj
dress Harriet NJ. Richards, BOX 30,
Woman,s Building. Joliet Illinois.
Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1909-05-02
MISSION FURNITURE

MISSION Furniture 10 order on hort
notice. Best equipped factory In
Albuquerque. Lowest prices. Crown
Furniturs Co, 1If West Gold.
Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1909-05-02
Neutrality-suspicious..

WANTED-Position of any kind by
young married man speaking Eng
lish. Spanish ana German. Address
w. g.. journal
Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1909-05-02
LOST

LOST Dun horse. branded with l. on
Jeff jaw. ~ ON thigh "a 81 On left
shoulder. Return 60 sos Hendricks
.nyenuc and receive liberal reward.
500 RI1M ARD.
On First street. at the hdAd Of Gold
avenue. - diamond weighing about one
karat. Return Ia Room II. Crom-
well building aud receive reward,
Phone 500.
Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1909-05-02
NEUTRALITY-SUSPICIOUS.

~N~N[@F%~NE
WANTED-Pipes 10 repair Joe Rich
ards Cigar store.
WANTED-2nd hand gunny sacks
Hahn's Coal Yard.
WANTED-Plumbing to repair. w.
A. Con y Co. phone b68.
WANTED-Hose to repair. W. A.
CON Il Co. phone F50S.
WANTED-Pupils in piano instruc-
ton By Mabel Nj Kennedy, 3Ob W.
silver Ave. Phone 1904
DO YOU want 20 sell or rent your
house, II 50 you better list II with
Southwestern Realty Co, 20l IL. Cen
trail Ave.
HAIR work, save your cOmbings,
have them made up. Mrs. II. p.
Rutherford, 5l7 s.. Broadway, phone
129l.
WANTED Hauling. packing and
repairing Of furniture, stoves, etc,
at sollic ana LeBreton's. Phone 422.
Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1909-05-02
FOR SALE OR TRADE.

FOR SALE-Or Exchange, 20 acres
under ditch, mile and quarter from
station. good terms what Lave your
S. v. MAY. General Delivery. City.
FOR sALE-Or will trade for real
estate. five-passenger Ford touring
car. cali at 209 5. Second st.
Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1909-05-02

| NV NitAlAb Hl NAN ANhnN Ml ullNllltrnr
April rs, 1909
Resources.
Loans and Discounts. 81, sos, 2St.04
overdrafts. secured and
unsecured ........... 21%,92o,S1
T.. S, Bonds To secure
circulation ."......... 200, 900. 90
l.. 5. Bonds to secure
t. $. Deposits ...... 1875, 900. 90
Premiums on l.. 5. Bonds 100000
Bonds, securities, etc.. 4S,215.4l
and fixtures ....... 100000 90
Due from National Banks
Qot reserve agenls) 220,372.64
Due from state Banks
and Bankers. ..,..... 4~O,29O.5s
Due from approved rec
serve agents ....... s~5l,s7s.72
Checks and other cash
items ............. 2.552.O4
Exchanges fer clearing
house ......,... s,2261o
Notes OF Other National
Banks ...-........ ~42,265.0O
Fractional paper EUR
rency, nickels. ana
cents establishment. 2,593t2
Lawful Money Reserve
in Banks. viz.
Specie ..... sll9929
Legal Tender
Notes ... 7e7ss 1%9G,722.OO
Redemption fuud with IT,.
S. Treasurer O. per
cent of circulation) 100000
Total ..,... .$3,t20,S7G.97
Liabilities.
Capital stock paid ms 200. 00O. 90
surplus fund .......... 100000
Undivided profits, less
expenses and taxes paid 6,12919
National Bank notes out
Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1909-05-02

OUR AssoRTsIrNT OF CANNED
FRUITS AND VEGETABLES IS A
SELECTED STOCK. COME IN AND
EXAMINE 1T. " g. PRATT a
90, 2I4 5. SECOND.
Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1909-05-02
BUSINESS CHANCES

81 26 PER WORD Inserts classified
ads in 80 leading apers In II. &.
Send for list. The Daks Advertising
Agency. AZ South Main street. Los
Angeles. cal.
FOR SALE-Well established. good
paying business. Invoice about
$4,000. Address. +. o. Box 220. Al
huquerque. n. NJ.
Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1909-05-02
PERSONAL

WOULD YOU MARRY If SUITED?
Matrimonial paper containing
hundreds advertisements marriage
able people from all sections. rich.
poor. Young. old, Protcstants, Catho-
lies. mailed sealed free. O.. y. Gun
nrls Toledo. Ohio.
Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1909-05-02

FOR RENT Furnished rooms and
CONS tor light housekeeping. lis
West Lead.
Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1909-05-02
MEDICAL

MEDICAL electric insolcs for cold.
tired. sweaty and ciamHy feet:
cures rheumatism; guaranteed. 500
per pair. We are headquarters for
electric belts. Columbia Commercial
leo. 204 L. Ninth street, Los Angeles.
Calf.
Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1909-05-02
TED-Par tner.

WANTED-Party with $1,000 to in
vest in building "A machine, to be
patented as soon as model ia finished
Address 45GS.
Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1909-05-02
TYPEWRlTERS

TYPEWRITERs. Sewing Machines.
Bicycles. repaired. rented, bought
and sold Typewriter ribbons. Hewitts,
lIl7 s. Third 81.
Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1909-05-02
WANTED-ReaI Estate.

WANTED city lots. improved or
unimproved or acreage close city
for real bargain. NJ g Bouers.
Gen Del
Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1909-05-02
FOR SALE--ReaI Estate.


FOR SALE Mile and "A half from
centre ana Second streets. t2-lcro
ranch. with frame cottage, 4 acres In
orchards, 4 In alfalfa, balance gar.
zen landi Nstuo takes lti n~elRhhof-
llE "ld nelu ~ S"Vu l" sauu per
tcrV' opportunity :" make ShVVu on
Ut ue"" i''Nu i'u"SoAVi -V' NeS'
NON or ana
COZ w n'ouo'n no''s a. ~
N. Hulth' we are leaving tue CITY
II. -, stevenson.
FOR SALE--Iest roominE house out
1T in the city Porterficld Com
panN. ZIG w central
FOR SALE--A modern hume one
mile from town. 9 acres with TIM
provements. See owner 1921 N. 4th.
EoR SAl.E-uouse ~, a rooms. Sonta
Fe brick. with hall. bath, pantry.
Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1909-05-02
GOVERNMENT LAND SCRIP.

We oTer for immediate delivery
Government lnnd scrip in any q%uanti-
ties from 40 acres to 10000 acres; the
most satisfactory Government patents
are obtained by use OF perfect scrip.
For title to townsites, scrip is lndis-
pensable. Scrip suited FOR townsitcs
Is our specially. We guarantee all
scrip sold by Us,
THE W. IL. MOSES LAND SCRIP &
REALTY 90.
Jacobson Bldg. Denver. Colo.
FOR SALE 5-room brick, 8 lots. g.
room frame, 3 lois. at a bargain.
W. u. McMillion, Real Estate Broker,
en- W cold
FOR SALE Brick apartment mousse.
wcll built. good location, 10 rooms.
. baths IA closets. az d bargain furni-
turc goes with it. $500 cash. balance
easy payments. Lloyd I%IunsaSer 200
W. cold.
FOR SALE Little tent house partly
furnished; no rent TO pay on the
lot. opportunity for heuith seeker,
cheap clean, close ion. Apply Room
~. whiting Bag.
FOR SALE-5-room frame close In.
screen porch, sidewalks i'm. price
$500. $500 cash. balance $50 per
month Southwestern Realty CO..
20l g.. Central.
Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1909-05-02
LEGAL NOTICES.

Report of the Condition Of
THE FIRST NATIONAL BANK
At Albuquerque, in the Territory of
New Mexico, at the close of business,
April Is. 1909
Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1909-05-02
FOR RENT-M Miscellaneous.

FOR RENT-Furniture for light
housekeeping. w A. Goff q Co,
200 East Central Phone sos.
FOR RENT-Iarge alfalfa ranch.
near city; two large store rooms.
Albright studio. 12lh n. Third st.
FOR HEN1-Iemcz mountains. three
hundred on moro acres mixed graz
ing ANA cultivated land, partly fenced,
Fruit Ave.
Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1909-05-02
TO LOAN
POULTRY AND PET STOCK.

FOR SAI.E-kggs from Rhode Island
Reds and Black Minorchas, sl00
for Is. w. c. Warlick. 5t5 $, Walter,
phone 43t.
FOR SALE-lcggs for Matching; r..
p. Rocks, SILVER W%Nandottcs and
White Leghorns, 81 IS per 10. H.. L..
Blair. 219 Granite.
Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1909-05-02
F0R Re NT--RoOmS.

FOR RENT-Tho most sanitary anS
up-to-date rooms at the Rio Grands
619 West Central.
Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1909-05-02

vcckIy Bank stafcmcnt.

Z 81. Louis. Nav I-Lead No. $40
ter $4.95.
The Bemidji daily pioneer. [volume] (Bemidji, Minn.) 1904-1971, 1909-12-15

COLs - @@sa.stE.| s...f ..s.
Some jurisdictions have modified
these general rules, notably the
Courts of New Jersey, but even in
that state, the writ would be refused
where, the act to be reviewed was,
Ultra Wires to such an extent that
| it would not protect: the beneficiary
of the privilege in acting upon it.
"Oliver VS.. Jersey City, AZ Att.
1872. ...-:-:.,.. - .>... :.
With these principles; of law in
mind the following: material ques-
tons arise: ':'.|.>;::.- - =, ,~-.
First, Was the act of the City
Council in adopting the resolution
granting to: the Railway company
permission to use a part of the road
involved herein strictly judicial or
quasi=judicial in It's nature?
Second, Has the petitioner shown
himself to be direatly or peculiarly
interested in the matter to be re-
viewed, and that he will suffer a
special injury beyond that which
will affect him in common with the
public or others. similarly situated?
Third, Is there no other :suf6-
.cient remedy available whereby he
may protect whatever interest he
thas? '
1T appears to me that all three of
these questions must be answered
in the negative. IF either one of
them, should be- so answered the
Writ should be quashed.
.@'" AS to the first question, I can
conceive of no act of the city
council that would be strictly
legislative in it's nature if the act
here in question is not such a one.
1t may be said generally that
the exercise of judicial functions is
to determine what the law is and
what the legal rights of the parties
are in respect to a matter in con-
troversy.' -
State vs.~Dun, 86 MINI. 3O1.
~ ~ In most, Hnot all, Of the Mime:
sofa cases, where ,certlorari has been
held to- lie to review acts of
municipalities, those acts have been
such as were to be done on notice.
and. after !: hearing of parties, where
a controversy existed and a sort of
trial was contemplated, such as re-
moval from office for cause, laying
out street or ghway across private
Continued on Last Pa9e.1
The Bemidji daily pioneer. [volume] (Bemidji, Minn.) 1904-1971, 1909-12-15
mot GUILTY" SAYS THE
JURY i'm FOURNIER CASE
Jury at Brnerd Retired at 1880 Yesterday Afternoon and
Is Said to Have Reached Verdict At This Morning..
Another Indictment Against Fournier. i.

= Brainerd, Dec: 1910 a. m
Especial to Pioneer. )-At 9 o'clock
this morning the jury in the -Four.
nier case brought in verdict of
not guilty." :>:s>! - ~.''.:. -
The jury retired at 4:30' O'Clock
yesterday afternoon, and lis stated
that they reached a verdict at 2
o'clock this morning.; that they then
retired, for the remainder of the
night, preferring to not return the
verdict until court convened this
morning. :
When the news spread over the
city this morning that a verdict had
been reached in the Fournier ca Sc,
a large crowd assembled in the court
room to ascertain whether Fourier
had again been found guilty of the
charge Of numbering N. O. Dahl or
would be acquitted,
=. Fourier was brought into the
court room iii the custody of Sheriff
Hazen of Bemidji and he eyed the
jury rather anxiously prior to the
returning of the verdict
There was a death.like silence
when Judge McClenahan asked for
the reading of the verdict. When
the words not guilty" were read,
Fou rnier sank back in his chair and
was greatly affected. After the yer.
dict had been recorded Fourier
approached thu, jury box and shook
hands heartily with every member of
the jury,and in choked and broken
voice, accompanied by tears, he
heartily~thanked them fofttheir YER
dict of:'',not guilty:;'':> :: :.. -.
Fourier will be brought to
Benlidji tonight in the: custody Of
Sheriff Hazen.
Fourier stood the trial very
we'll and his fortitude never
deserted him during the trying
ordeal of testifying in his own
behalf and answering pointed
questions which were directed to
him during the cross-examination.
Chester Nick usick, county
attorney for Beltrami county,
The Bemidji daily pioneer. [volume] (Bemidji, Minn.) 1904-1971, 1909-12-15

acted without authority, then the
approval amounted to nothing and
the matter would stand just as
thoug h he had not returned it at
all, in which case after the elapse of
seven days it would have the same
force and effect as if approved BY
him. j
"salino vs.. Neosho, ~ L. r. A.
769.
There is practically no dispute
as to the law relative to the scope
and office of Certiorari in our state.
It is no longer confined. to the mar
row limits of the common law, and
some states Of the Union have gone
much further then our own in broad
ening its scope. y l. =. =.
In Minnesota, however, the writ
may be used in certain cases to
review the proceedings of special tri:
bunals, boards, commissions and off,
GERS of municipal corporations. But in
these cases it is confined to such
acts as are strictly judicial OF quasi.
judicial in their nature. .s.>~ . :.
"Christlieb ct alss vs. County of
Hennepin, II MINI. 49, -.
"Moede vs.. County Of Stearns, 43
MINI. 312. RI: ri ~
And further it is well established
that the party invoking the writ
must show some direct, peculiar or
particular interest in the proceedings
sought to be reviewed, and that he
will suffer a special injury beyond
that which will affect him in com.
mon with the public or others SIM
ilarly situated. And: this rule is
especially applicable where another
sufficient remedy i available for the
2reveiew of an erroneous determine
ton, or the restriction of excess of
jurisdiction.
Is Cyc. 1888. 768.
= State VS.. <Lamberton. 81 MINI.
The Bemidji daily pioneer. [volume] (Bemidji, Minn.) 1904-1971, 1909-12-15
ORDERS CERTI0RARI WRIT
DISMISSED, AS EXPECTED
Judge Wright Grants Motion of Judge Spooner Vacae
Set Aside and Squash the Writ Secured by j. j.
Opshal, in Re the 500.

Judge B. F. Wright has filed ar
order granting the motion of Judge
M. A. Spooner to discharge anc
quash the so-called writ of certiorari
wherein Jens ]. Opsahl of this city
wanted review of the actions o.
the city council of the city of Be-
midi in vacating a portion of the
Mill road" in order to provide a
right-of-way that the 500 Railway
company may enter the city of Be-
midi in building it's line from
Plummer to Moose Lake.
The order and memo which was
issued by Judge Wright is as fol
lows:
State of Minnesota, County of Bel
trami-In District Court, Fiji
teenth Judicial District.
Jens ]. Opsahl VS.. City of Bemidji,
ct ais.
The above-entitled matter came
on for hearing before the above
named Court, at the court house in
the City of Bemidii, in said county
and state, on the 9TH day of Deem
Der, 1909, at 10 o'clc k in the FORE
noon of said day, ur the motion
of the mayor, city co,.--.1, city attor-
ney and city clerk of said City of
Bemidji, and the Minneapolis, St.
Paul and Sault Ste Marie Railway
company, to set aside, vacate, dis
charge and quash the so-called writ
The Bemidji daily pioneer. [volume] (Bemidji, Minn.) 1904-1971, 1909-12-15

charter relating thereto, are attached
and made a Fart of those papers,
50 that the whole matter was laid
before the court as fully as could
have been done had return to said
writ been made and the commands
thereof fully complied with.
In other words the petition and
writ on their face show all the defects
claimed by the petitioner to exist in
the proceedings of the council, and
thus it appears to me the court is
enabled to determine all the issues
involved in the case upon this
motion to quash as fully as could be
done had those proceedings been
certified and returned as required by
the writ.
"One of the points raised by the
petitioner in the petition and writ
was the approval of the resolution By
the mayor the next day after it was
adopted by the council, instead Of
allowing four days to elapse before
approving it. The charter provision
as to this matter is as follows:
"Charter III-Sec. 8. No ordi-
nance or resolution of the City
Council shall be signed by the mayor
within four days after the same is
presented to him, and if the: same
shall not be returned by him on Or
before the 9TH day, (Sunday ex-
cepted)after it shall have been pre-
sented to him, it shall have the same
force and effect as if approved by
him.
1T appears to me that the A.
prevail by the mayor of the resolu-
ton herein involved 1t the time he
did, while an irreralarity, is
not fatal in the validity Of the
resolution if otherwise VALID IF tie
approval amounted to anything It
the time it was made, the petitioner
was in no way prejudiced thereby;
on the other hand, II the: mayor
The Bemidji daily pioneer. [volume] (Bemidji, Minn.) 1904-1971, 1909-12-15

of certiorari, issued in these proceed
ings; each of said parties severally
appearing specially for the purpose
of making said motion.
Said motion was based upon ten
separately-stated grounds, all o.
which appear in the written motions
duly filed herein;
And the Court having read the
petition for said writ, and the said
writ, and heard the arguments Of
counsel, and being duly advised in
the premises:
1T Is Hereby Ordered, that said
motions be and the same are hereby
granted that the said writ discharged
and quashed.
Dated this 9th day of December
1909.
B. F. Wright,
Judge.
Memo.
Some question was raised as to
the form of the writ herein, but not
seriously urged at the hearing, and
has not been considered.
The petition and writ both set
forth quite fully the history of the
proceedings of the city council
sought to be reviewed under pro-
ceedings, and copies of the resolu.
ton, approval thereof by the mayor,
and several sections of the city