davidaulloa/AmericanStories huggingface dataset:
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1909-11-06

the school children if they liked
strawberries. A large number OF
hands shot up. A few words more in
which it was stated that Linton could
grow as good strawberries as any
place in the world, and that the
sweetest and reddest berries ever
grown were those We raised ourselves.
The Mr. Gregg was introduced and
and asked to teach the class.
oBiled down, the catch words In his
address were: Plant out in the
spring Of the year only. Plant two
kinds, side by side, so as to get bet
ter fertility of the blooms. The best
varieties to use are the Bederwood,
fertilizer, and Warfeld, a bearer.
Plant four rows each variety in al
ternate rows, the rows about four
feet apart and about twenty inches
apart in the rows. This applies to
planting on a small lot where land is
scarce, but in the country put rows
six feet apart. Do not allow plants
to bear the first year. Cover the
ground in the fall with straw, placing
straw thick in the middle of the
span between the rows and very lit
tie right on the plants. Remove the
straw from the plants late in the
spring. Leave it between the rows
until fall, when it is removed to al
low cultivation of the land Later
mulch again. No danger of winter
killing in this climate.
How to Get Hens to Lay in Winter.
After a further discussion of small
fruit growing the question of eggs
arose and it was concluded that by
keeping hens comfortable in temper
allure, feed with enough green and
animal matter to keep in thriving con-
dition and give plenty of exercise.
In building poultry houses make the
rooms sixteen feet square for every
fifty birds, and keep warm, dry and
well ventilated.
The Dairy Cow.
At this stage of the work a man
asked If the cow represented on the
chart on the platform had been dis
cussed. A vote was taken and nearly
every one present requested full
discussion of the cow
Mr.. Gregg took the platform ard de-
livered one of the best addresses of
tho entire course. lThis complete
address is to be furnished by Mr.
Gregg and later will be published in
the Tribune in full)
Next followed a careful discussion
of the merits of the silo and the milk
ing machine. These features were
brought out by members of the au-
dience and aroused enthusiastic in
tel est.
The next meeting is to be held on
Saturday at Dawson.
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1909-11-06
HUM0RIST Comedian
BILLED FOR BIJOU
EZRA KENDALL in 1.-THE VINEGAR
BUYER" NEXT ATTRACTION
At THE B!JOU.
Star Is Supported BY Fine Company
PLAY is Unique in Its Plot and
Stage Settings Elaborate.

Ezra Kendall, the humoristcomed-
ian, who has long been a potent mag
net in vaudeville, comes to the Bijou
theatre Saturday evening, Nov. 10, in
an up-to-date revival of Herbert Hall
Winslow's three act comedy, "The
Vinegar Buyer"
The play in it's new form, is ad-
mirably adopted to exploit his unique
personality, and it provides a pretty
perspective of wholesome, basic,
American life, for his delightful crea-
ton of Joe Miller, character adapt
ed from James Whitcomb Riley's
poem, Jap Miller"
His position as star is more than
secure. The theatre public would
scarcely be willing to accept him in
a half-hour monologue again since
they have been permitted to revel in
his fun for nearly three hours.
He is supported by an excellent
company and his managers, Liebler &
Co., have supplied stage settings of
a pleasant appropriateness.
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1909-11-06
M'G|LLIS CASE VlLB
TRIED in BURLE|GH GO.
OF suPREM COURT ARE DIVIDED TWO TO THREEIN
OPINION = JUDGE CRAWFORD or DICKINSON WILL BE
THE PRESIDING JUDGE - APPEAL VENUE
WAS REFUSED. ."%-:, ".~':. - a.

against sheriffs for failure to enforce
the prohibition law, naming McGil-
lis as one of the men who was fail
ing so to do.
The action was brought by the at
torney general on June last and the
defendant pleaded not guilty. A day
or so later Attorney General Miller
filed a motion in the district court
asking for change of place of trial
of the action. The motion was bas-
ed on the affidavit of the attorney
general, stating that in his opinion
the state could not have fair and
impartial trial in Burleigh county;
that the people of Burleigh county
were so prejudiced against the pros
ecution and conviction of Offenders
against the prohibition law that the
laws had been openly and notorious
ly violated by numerous persons In
the city with the knowledge and ap-
prevail Of the people generally and of
the peace officers; number of other
alterations were made against the
having of the trial in Burleigh coun-
ty; and a motion was also made for
the calling of another Judge for the
trial of the action.
Judge Crawford of Dickinson was
called in by Judge winchester, but
the motion for change Of place of
trial was denied. Thereupon the at
torney general applied to the supreme
court for an order to show cause why
a writ of certiorari should not issue
to bring up the record in the district
court for review. This order was is-
sued and the matter was argued in
the supreme court by George w.
Newton, appearing for Judge Win
chester and by Attorney General Mil
Ter for the state: The arguments oc-
cupied a number of hours and At
torney General Miller recounted the
conditions alleged to exist in Bur
leigh county regarding the prohibi-
ton law, as showing that the dis
-trict court had abused it's discretion
in not granting change of place OF
trial. The opinion Of the court as
handed down yesterday states that
upon the showing made in the case,
the court is not prepared to say that
there was an abuse Of discretion in
denying the motion of the attorney
general for a change Of venue"
The majority of the court holds
that in it's opinion Section 1891 Of tie
code, which permits a change Of
place Of trial in criminal actions, is
not mandatory but rests in the sound
discretion Of the district court. THIS
question being decided, the only
other question is whether an abuse
Of discretion has been shown. With
respect to this the court says in the
opinion: "The attorney general made
very good showing in behalf Of the
state yet we cannot say after care
full review of his affidavit and the re
turn of the respondent that the. dis
trict court abused its discretion in
denying the motion of the state to
change the place of trial.
The application for the writ is
therefore denied and the temporary
restraining order is dissolved.
Judge spalding dissents in min
GRITTY opinion covering ten typewrit-
ten pages, in which he says that he
is strongly impressed that when the
attorney general makes out a case
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1909-11-06

"Many-Use" Oil fine for locks,
clocks, skates. 2 OF. spout oiler, 10c
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1909-11-06
Football GAME IS
Attracting interest ! |
INDIANS AND LOCAL HIGHS WILL
TRY OUT THIS AFTER
NOON.
Officials Have Been Chosen and Line
up Made Public - A Close Game
is Expected. 49,

The football game to be played this
afternoon at o'clock at the baseball
grounds between the local high school
and a team from the Indian school,
will he well attended if the talk on
the streets is any criterion of the in
interest that is being taken In the big
event. ~~
Joseph Hare has been selected by
the high school boys as referee and
Prof. Fischer of the Indian school
will act as umpire. The other field
officials will be chosen before the
start of the game. -....-
Following is the lineup of the two
teams as given to the Tribune last
evening by the captains Of the two
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1909-11-06

for change Of the place of trial 1t
is mandatory upon the district court
to grant it. 49,"
Judge Ellsworth holds that the
court has no jurisdiction unless the
writ is issued and the records of the
court brought up for consideration.
So far as the question of the right OF
the district court to deny motion
of the attorney general for change
of place of trial he concurs in the
conclusions of Judge Spalding. ~,
The effect of the decision is TO pro-
vide that Sheriff McGillis shall be
tried in Burleigh county before
Judge Crawford, who has been called
to sit in place of Judge Winchester.
The State of North Dakota, respond
ents, VS.. Honorable w. H. Winches-
ter, Judge Of the Sixth Judicial Dis
trict, and the District Court Of the
Sixth Judicial District State of
North Dakota, respondents.
Constituting section 1881 Of the Re-
vised Codes of 1905, which provides
in substance that tho states attorney,
on behalf of the state, may apply for
a removal of a criminal action, and
the court being satisfied that it will
promote the ends of justice, may or.
der such removal. Held, that the
granting or denying Of an application
duly made by the attorney general
for change of the place of trial of
a criminal action on the grounds that
an impartial trial cannot be had in
the county where the action is pend
ing is a matter within the discretion
Of the court to which the application
is made, and it's ruling will not be
disturbed except for an abuse of dis
erection.
The fact that the defendant, as
sheriff, subpoenaed the jury, might
be sufficient cause fer a challenge to
the panel, but is not cause for a
change Of venue.
Upon the showing Of this case, this
court is not prepared to say that there
was an abuse of discretion in denying
the motion of the attorney general
for a change of venue.
spalding and Ellsworth, J. J. dis
sent.
Syllabus by the court.
This is an application by the state
Of North Dakota for writ of cert
iorari to the district court of the Sixth
judicial district, and Hon. w. H. Win
chester, j.
Writ denied.
Andrew Miller, attorney general, for
the state.
Newton and Dullam, for respond
ents.
Opinion by Carmody, j., Morgan, c.
j., and Fisk j., concurring. and Spald-
ing and Ellsworth j. j., dissenting.
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1909-11-06
PLEASANT SURPRISE PARTY.
Bakers Hall Scene Of Fine Social
Gathering Last Evening.

Among the leading society events of
the week was the masquerade sur
prise party Friday evening at Bak-
er's hall. given by Mrs. r. j. Barth,
the occasion, being her !. husbands
birthday. Upwards Of thirty couples
were present and the costumes were
most tasty and unique. The dance
program started with a grand march
and Rhobotham's Orchestra supplied
high class music throughout the even
Ing, every number being encored gen.
erously. Mr.. Barth was tue recip-
lent OF numerous valuable presents.
Sergt. John McWilliams made the pre-
sentation which was responded to by
Mr.. Barth. Those who assisted Mrs.
Barth in entertaining were: Mr.. and
Mrs. George Fortune, Mr.. and Mrs.
]. D. Wilson, Miss Carmichael, Miss
Agnes Carroll, Mr.. J. McWilliams,
and Mrs. and Mrs. II. f.. Stimps.
Dainty viands were served for re-
freshments and the party was voted
a complete success by all present.
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1909-11-06

The game will be called promptly at
8 o'clock so the game may be finished
and the players have time to set to
their homes and ready for the grub
pile by six o'clock. It is hoped there
will be a good attendance to this.
the first uptown football game of the
season. 49,
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1909-11-06
r.,]HIRn,. .nlAY.

Linton, NJ D., Nov. 1.-THE third
days session of the institute work
was opened III the opera house here
at 1:30. by Prof. Hoverstad, asking
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1909-11-06
II You Can't Come Sz<,<,e,a
Telephone Nos EEn
Liunite Coal Supplies.

Sealed bids are requested to fur
nish 300 tons (more or less). best
lump ignite coal. delivered at the
public schools during year 1909-10.
Right reserved to reject any or all
bids. Bids to be opened at regular
meeting Of board at Will school on
Tuesday, Nov. 9, 1909.
By order of the Board of Educa-
ton
Richard Penwarden. Clerk.
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1909-11-06
FOR A SKATING RINK.

All the ladies of the city interested
in the establishment of a skating rink
are requested to meet this evening at
tEs, Ward home, 400 Seventh street.
The San Francisco call., 1909-09-14
EQUAL SUFFRAGE LEAGUE
HOLDS FIRST MEETING
Women Urged to Organize in
the Assembly Districts

The. equal suffrage league held its
first meeting of the season yesterday
afternoon at the home of Doctor Walsh
in .Sutter street, Mrs. Mary t. Gamage
the president, being in the chair.
Some work toward a more complete
organization of the state in suffrage
work was done and the women of the
various assembly districts were urged
to act.
The matter of dental clinics. which
is to be taken up by the Women's
Health association, the Local Council of
Women and other organizations of the
city, will be aided as far as possible.
The members were addressed by the
president on the subject of the Local
Council of Women and they were ad-
vised to affiliate with the council.
Franklin Hichborn's book, THE Cali
fornia Legislature of 19O9," was re-
viewed and discussed and approved.
Delegates to the Stockton conven-
tion were appointed as follows: Mrs
Gamage. Mrs. Helen Moore, Mrs Isabel
johnson, Miss Selma Solomons and Mrs
Augusta Jones. The alternates will be
appointed later by the president
The San Francisco call., 1909-09-14
SAYS CATARINA FLOW
SURPASSED NIAGARA'S
Engineer Computes Awful Rush
of Flood Waters

MEXICO CITY, Sept. 13.-James D..
Schuyler, an American engineer, who
recently accompanied President Taft
on a tour of inspection of the Panama
canal, declared in an interview today
that the rush of water in the recent
Monterey flood. which destroyed mil
lions of dollars worth of property and
thousands of lives. exceeded the flow
of Niagara by 4s, 900 cubic feet per sec
ond. He based his statement on rec
ords furnished him by competent en-
sineers. Schuyler said:
THE volume of water swept down
the Santa Catarina river during the
flood was about 100000 cubic feet per
second. Niagara, understand, carries
a volume of water amounting to 222,-
600 cubic feet per second. The Santa
Catarina watershed comprises 544
square miles, so that the estimated
discharge of water during the height
of the food was $50 cubic feet per
square mile The discharge at Estan-
zuela was S25 cubic feet per second
per square mile.
"The highest food ever heard of be-
fore was not more than 15O cubic feet
of water per second per square mile.
AS much as 20.16 inches of rain fell
in Monterey in SO hours from August
2s TO August 90. A few days before
that time IA inches fell in AZ hours,
making total rainfall of S4.16 inches
in 140 hours.
The San Francisco call., 1909-09-14
MISSION GIVEN ISLAIS
CREEK SEWAGE OUTLET
Promotion Club Opposes Site
for New ArmOry

The request of the Mission promotion
association for the 1slais creek outlet
sewer from Mount Vernon avenue to
the junction of Mission street and
Springdale avenue has been granted,
the organization having been thus noti-
fed by City Engineer Manson at q
meeting held last night. All the plans
have been completed and work Will
begin as soon as the private rights of
way can be secured.
A committee composed of Rev, T. O.
Crowley. John Chetwood, III. l.. Seager
and e. Fl. Mitchell was appointed to re-
quest the park commissioners to i'm
prove Holly park and also to connect
water pipes to the park reservoir
After a lengthy discussion the asso-
citation passed a resolution opposing
the proposed site of the new arnory at
North beach, on the ground that it is
not a central location. w. N. Kelly. G.
Lachman, +. J. Lazarus and Glen Miller
were appointed as a committee to ar
range for the lighting of Mission street
during Portola week, and also to have
a Mission float in the big parade.
The San Francisco call., 1909-09-14
TEAMSTER KILLED WHEN
CAR AND WAGON COLLIDE
Fatal Accident at Crossing in
Richmond District

Sutter street car crashed into a
heavy wagon at First avenue and Cali
fornia streets yesterday afternoon. IA
tally injuring Frank Hale, the driver,
and fracturing the shoulder OF George
Heacock, 255 Fl street, who was on the
wagon with Hale. Hale died at the
Children's hospital shortly after the
accident. Heacock was taken to the
Hahnemann hospital
Both were thrown to the ground.
Hale's skull was fractured He was a
member of the building material team
sters' union and, with Heacock, was
employed by the Stone construction
company.
At the Hahnemann hospital the wife
and daughter of George Yates, a team
ster, living in Eighteenth street near
Douglas, grew hysterical. having been
told that the injured man was George
Yates A glimpse of the man proved
their fears groundless. Heacock was
also mistaken for George Cart, another
feamsster.
Hale's body is at the morgue. Morris
Marks, the motorman of the car, was
arrested and charged with manslaugh-
ter and battery.
The San Francisco call., 1909-09-14
YOUNG LAD SAILS
THROUGH THE AIR
Clyde Payne Jr. Builds Flying
Machine Which Meets Test
in the Sand Dunes

Encouraged by the partial success
Of trial flight he made Sunday after
noon at Parkside in the small flying
machine made by himself, Clyde Payne
Jr., the 5 year old son of DIR. Clyde
Payne of 1850 Jones street, is planning
to construct biplane that he thinks
will have at least one Improvement
over that made by the. Wright brothers.
Although he had no motive power
with which to drive his machine, young
Payne flew from a sand dune 40 feet
high for distance of about 40 yards
Sunday, alighting with perfect safety.
BALANCING APPARATUS
While young Payne modestly denies
that his work is deserving of special
mention, his invention of a balancing
apparatus shows mechanical original
ity. With the exception of his bal
ancing improvement his new machine
will be almost Identical with that con-
structed by the Wrights. He has
planned to provide it with a Gnome
rotary gas engine, which is considered
one of the best for flying machines.
Three trial flights were made by
young Payne Sunday. The first was
from six foot elevation, and he flew
about 15 feet. The seeonh was from
his machine flying with him for about
so feet. Then he tried the 40 foot ele-
vation and met with even better sue
cess than he had anticipated. There
was no wind, which he claimed was a
drawback to a successful flight.
IF there had been a wind,' said the
boy yesterday. Il would have flown at
least 100 yards. But 1 broke the rudder
to my glider and had to abandon fur
ther experiments"
The glider" as young Payne calls
it, with which he made his fight SUM-
day, is a simple affair costing only
about sac. The planes are of canvas
on light frames. the upper being % feet
in length and the lower being 81 feet
long.
WILL BUILD BIGGER MACHINE
According to his present plans young
Payne will build his new machine about
twice the length of the one used Sun
day. AS he does not allow this to
interfere with his schooling he does not
expect to have his new machine COM
pleted for several months and perhaps
not inside of year. In the mean
time he will continue to experiment
with the present machine. Next Sat-
urday he expects to repair the rudder
broken Sunday and the following day,
If conditions are suitable, he will prob
ably make another fight from sand
dunes at Parkside.
The San Francisco call., 1909-09-14
DAUGHTERS OF PIONEERS
INSTALL THEIR OFFICERS
Retiring President Presents Re-
port for the Past Year

The Daughters of California Pion-
GERS held their opening meeting for
the year yesterday afternoon and in
stalled their officers for the ensuing
year. as follows: President, Mrs. En-
ma Tiffany Macgregor; vice president,
Mrs. Edgar M. Grant; treasurer, Mrs.
william Limbaugh; recording secre-
tary, Miss Eloise Nolan; financial sec
retary, Miss Ottilie Meusdorffer; cor
responding secretary. Miss Ida NJ.
Biven: directors. Miss Clara A. Adams.
Mrs J. J. Murphy, Miss X. Cram and
Mrs. Herman Meyer.
Miss Clara Adams, the retiring
president and other officers who CLOSED
their year of service, read their re-
ports, and Mrs Miilie Scott Biven read
a report of her Impressions of the
Del Monte convention of clubs last
May.
She brought also as souvenirs a
blossom from the Sherman rose OF
Monterey and a bit of bark from
Father Serra's tree at the Monterey
mission.
The San Francisco call., 1909-09-14
BULLET IS
FATAL TO DAUGHTER
Marion Levy Dies From Gum
shot Wound Inflicted by Pa
rent Who Killed Himself
Cause OF Triple Tragedy Still
Remains Mystery and May
Never Be Explained

From the effects sof the wound she
received when her father, Ferdinand
Levy. shot her before killing himself
Sunday. little Marion Levy died last
night at the central emergency hospi
tai, where the child's mother, who was
also shot by the same man. is making
hard fight for recovery. The physicians
in charge have but little hope for the
life of the latter.
With the same heroic bravery she ex
hibited at the time of the crime, Erma
Levy. the eldest daughter, watched at
the long night. and not until an opiate.
which was smuggled into her food yes.
terday by friends. began to act did she
relinquish her vigil. The unselfish 10y
atty the girl displayed in her attention
to the wounded mother and sister was
no less intense than her defense OF her
dead fathers character. She would not
listen to criticisms against him for the
crime he had committed
With Erma at the home of friends is
her little brother. who is too young to
realize the misfortune that has be-
fallen his home.
Several theories for the act of the
husband and father have been sug-
gested by the police. One of these Is
business losses and another is tenn
porary insanity. 1t is known that
Levy's wholesale liquor business at Van
Ness avenue and McAllister street has
suffered loss of trade. The place had
1oo ad W fc q
for five years under terms that blocked
removal.
There is still another theory to the
effect that the shooting was not inten-'
tional, but that the automatic revolver
was discharged while he was flourish
ing it for effect. Since Levy died with
out being able to make a statement, 1t
will probably be impossible to deter
mine the cause of the crime. Erma, the
daughter. declared positively yesterday
that her father had not been drinking
previous to the shooting