davidaulloa/AmericanStories huggingface dataset:
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1909-06-20

such election VIII 1chs state the pur.
poses 5ofF the prop osed bond issue ia
be ito defray the cost Of building
and constructing a new water works
pumping station and Installing
therein new high duty pump and
necessary steam boilers; and for the
purpose Of installing an electric
light plant In connection with said
pumping station for furnishing
street and other lights and power
state two purposes and an election
held pursuant to such resolution and
notice is illegal, and a majority vote
In favor Of issuing bonds for the
purposes stated, does not authorize
or empower: the city council to is:
sue them Ss fs:;. Az s III; ;3$2 s5
16. Section 1888 OF the constitution,
and the statute. provide debt limit
for general purposes OF cities of: five
per cent, with power to incur addf-
tional Indebtedness equalling three
per cent of the assessed valuation
on a 20 vote, making possible
Indebtedness for general purposes OF
eight per cent. 1t is also provided
that city, when authorized by 9
majority vote, may increase Its In
,debtedness not exceeding four per
cent without regard to existing in
debtedness, for the construction or
purchase Of water works or con-
structtng sewers, and for no other
purpose whatever. .s,-3t+ "a .~+s
y Query: Can city issue bonds for
the construction of water works or
sewers in such a manner as to me-
cessarilly include the amount of such
bonds in the five per cent or eight
per cent debt limit provided for ordi-
nary purposes, or must they be Isl
sued In such manner as to be in
cluded within the four per cent pro
vision for sthe construction of water
works and sewers II they must be
SO issued as to- admit their being
included within the four per cent
special water works provision, the
connection Of an electric light plant,
or Of any other subject except sew
ers, with water works in the issu-
ance Of bonds, furnishes an addi-
tional reason for holding the pro-
posed issue under consideration IL
legal. 55 Hi Is 49,. ., >. %. I'M 55s3
+ (Syllabus of the court.) - -. z Il. (
! Action. to entoin the City of Far
60 and mayor and auditor thereof
from issuing bonds voted by the city
for the construction Of pumping
station and electric light plant. } :.$ +
( Appeal from an order of the dis
trict court Of Cass county, sustain
ing demurrer to plaeiAtift's COM
plant. Pollock, J. Reversed.
e. H. Wright for appellant. x@.ss. s:{s
w. G. Resser and Engerud, Holt
and Fran, for respondent. ~
Andrew Miller, attorney general,
for the board Of university and
school lands, appearing specially. u
Opinion by Spalding, J. All con-
cur. Morgan. G. J.. not participat-
Ing Ing. j. &5s5, { ri. 49,, ,g.# ss, ~ !, ss
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1909-06-20

Its plans. When the notice fails to
i state the amount Of indebtedness
proposed to beincurred by the 1s.
uance of bonds, opportunity Is not
afforded the voters to inform them
selves so as to be able to vote intel
ligently. 4. .+:@ = r...t:s3 49, 81
g.. An election for the issuance OF
bonds, under the provisions of sec
tioen 1873 of the constitution for the
construction Of part Of a water works
system on a notice which did not
state the amount Of the bonds to be
issued, is invalid, and the council is
not authorized thereby to issue bonds
voted. 3. .%Z' =, $2E .%.>ss.,.
g.. A resolution or a city council
providing for an election, and no.
t1ce Of such an election, under sec.
ton 1873, must state. the purpose for
which 1T Is proposed to issue bonds.
10. The legislature, by the pro-
visions which 1t has made for the
issuance of bonds by cities, has not
provided for submitting the question
Of their issuance to the voters In
such manner as to permit only q
vote for or against the issuance Of
bonds for two or more purposes on
single vote. i. ! 81 -, -.
IL. Under our. system of elections,
every voter Is entitled to the oppor
tunity to vote for or against any
question submitted, separately and
independently from his vote for or
[against any other proposition sub
mitted. &5{$s :*J..% % fja@ = ~ u =
IL. The test whether questions
submitted include one purpose or
more lis whether the. objects for
which bonds are to be issued have
q natural or; necessary connection
with each other, and IL they have not
two purposeA can not be made one by
verbal connection. I$$G. : (, 5;... q
Is. When the meaning Of q stat
ute is doubtful SO that either of two
may with propriety be
adopted by the court, Is is the dutp
OF the court to adopt the c0nstruc.
ton best calculated to- protect thu
public against fraud and imposition.
even though IN individual instancea
such construction may work sligh'
hardship. @5.s+ s5s5 ;s3,,, j; 2.
Ia. The fact. that one construction
|OI " NEUTRALITY-SUSPICIOUS. AAPOs - e =
lit be conceded that the meaning OF
the statute In question is doubtful,
would admit OF the submission OF .
devoid Of merit In connec-
'tion with another Of unquestion-
toned merit, and the adoption OF
70 weak proposition by reason Of it,
su omission In connection with a me
ritorious one, furnishes q strong rea'
son for the rule Of construction
stated In paragraph II, and this rea.
son !! applies notwithstanding no
question Is made Is this case as ia,
the good faith or merits Of either
proposition submitted BY the city
council. z5f& 3. y. ~
is.5I 49, a; resolution adopted by the
city council providing for an: cleo
ton to vote on the issuance OF bonds
and q notice BY the city auditor OF
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1909-06-20

The opinion in the Fargo bond cas-
was handed down from the supremt
! court Saturday and the syllabus Il
1 printed below: < E 5.g. s + s. ~. u!
\ Max Stern. appellant, v. City Of Far.
s3s 4 90, let al, respondents Fargo
s$. Bond Case) i .ss..:. II. t%" :. &
/. Cities have only the following
i powers; (a) Those granted in ex
press words. o. Those necessarily
Implied or incident I'd: the powers ex.
pressly granted. s(c) Those essen
: tial to the daclared objects and pur-
poses Of the corporation-not simply
convenient and Indispensable. H.
.as2 Doubtful claims of power, OF
I doubt or ambiguity in the terms used
y by the legislature, are resolved
against the corporation. 81 I. ~
3. The constitution and statutes
! providing for the issuance of munich
pal bonds are more strictly construed
1n actions to prevent their issuance.
than In actions to prevent their pay
}ment after they have been issued
! and negotiated. +. 5a$s .zs>@ n y.
4. Section 267s,e R.. c.. 1905, emu.
merating the powers of cities, among
other things provides how and for
what purpose bonds may be issued,
and requires that the question of is
suing bonds for the construction or
purchase OF waterworks shall be sub.
mitted to "a vote Of the electors OF
the city, at an election, after. twenty
days notice, stating, among ohe1
4 things, the purpose for which the
bonds are to be issued and the
\ amount thereof. ,>. 4, - ~ IA
iS Held: That resolution Of a. city
council providing for the issuance OF
I 100000 in bonds or such part there.
!: Of as may be required and q notice
OF an election to submit such issue
ance to the voters, In the same lang.
uage as the resolution, did not state
the amount Of bonds to be voted
upon, and that without such state
ment the question Of the issuance OF
bonds is not fairly presented
TO the electors who are entitled to
know DEFINITELY what is proposed IN
!; the way Of increasing the indebted.
ness of the city. :: :5 B :t2 { . 8
III. s. The duties of the auditor In
! iisuing the notice of such an cleo
ton are purely ministerial and such
notice must follow the terms and
conditions Of the resolution authoriz-
Ing the election. IA 3% $S5 Il s55
The power to- authorize the Is;
fAuance Of bonds Is vested in the vo-
tiers and they can. not delegate such
power to the city council. %ss I.
The object Of the notice Of cleo.
..tfon. and the requirement that the
amount Of the bonds be stated, is to
give the voters and tax payers such
informal ION % will enable them to
consider, weigh. and discuss the mer:
Its OF the. proposition and to- availI
themselves OF the 81 opportunity 20
ssiven te acquire information g to
the necessity q the proposed ex:
penditure and the amount Of the In I;
5debtedness necessary to incur to- en-.
able the city council to carry out
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1909-06-20
Do You Want to Sell Your Landi

Do You Want to Sell Your Land3
We have one of the best and LARGEST
organized land companies In the
northwest and are so equipped we can
sell your land for you very quickly
II you want to sell give us q chance
and we can absolutely assure you Of
quick sale. ~
If your price is right we will buy
your land.
Call and see our North Dakota man
ager, ]. R. Crystal, of1ces on Main
street, over Cowan's drug store. The
-.TRI-STATE INVESTMENT CO.,
Unexpectedly
Minneapolis, Mimi. @
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1909-06-20

IlIlYIlpY Nothing gives you a
q .onv.. fresh start in the
m orning like cold shower bath.
Needle Showers, adjustable to any
bath tub, this week only $500.
~ FlNNEV'S Drug Store.
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1909-06-20
MISSOURI RIVER NANI
CATION CONGRESS
COMMISSIONER GlLeREATH Is
W ENGINEERING THIS END or
.S2f ! THE DEAL. NV. s
}Bismarckers and North Dakotans TO
Attend Meeting IN > eody-Make
s% Trip BY Boat to Yankton.

!. The executive committee has sent
out Invitations to attend the second
navigation congress at Yankton, and
the following facts are urged upon
citizens of the northwest: y
III The second annual convention OF
the Missouri River; Navigation cong.
sress will, pursuant to the official CALL
meet in the city of Yankton, $. D.,
on the 7th day Of july and will con.
itinue in session until the evening 0!
the 9th of July, 1909. T.. y -
This organization, which has for its
object the Improvement of the Mis-
souri, river and it's tributaries for the
purposes of navigation, was launched
IN January, 1908, at Sioux City, Ia,
and during it's brief existence has &C
complished much towards the ultimate
success of its colossal und \,
~ The people are awakening to the re-
aalization of the magnitude OF the pro
ject and Its manifest Importance mas
solution of the formidable tran,
5sportation problems with which they
are confronted. 81 NED * \ MA
a While mucnS has already$ been done
we cannot hope for success until We
have enlisted under our banner the IN.
telligence, energy and active support
Sof the citizenship Of this great sec
ton of our country. and It - with
this purpose that the second annual
convention Of the organization y call
ed. 80 - 5'as.ssss ,s2v1a+ esf.''set 4"
II The membership Of the convention
will consist of. representative dele
cations from the different 11nicipa1.
civic and commercial organizations,
cities, towns, villages and counties.
and states bordering on the Missouri
river and its tributaries. Each body
will be entitled to three Aelegates,
and each one 1 of the seven states,
comprising the district. will be en-
titled to ten delegates ANY individ-
ual citizens of any Of the said states
may have seat In the convention
upon the payment Of the sum Of 81.
Don't forget the dates: July Z. 8,
and 9. at Yankton, 8. D.
~ Tlvorxyhodx, oo Goa pi,ar11 fny. ahOQa
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1909-06-20

. Try Tribune Want Columns.
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1909-06-20

a Everybody go see Busch for shoes
See ad. %1
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1909-06-20
Opinion IN fARGObOND
Case HANDED DOWN SAT.
Opinion Was Written by. Spalding,
All Concurring

STATES THAT TWO osJEcTs MUST
LoT-t+oLDs No DEFINITE BONDS WAS MENTION
M Ep FOR ETHER WATER PRoJEcT-hEw ELECTION
Will HELD SOON i~tTzt~5~ ..*t *aE
Los Angeles herald., 1909-09-16
' a Ii - 4 4 -
El MOdeDa

Goldhnch, S s, Fl Modena ,,,.....,,.,.2.4 Z
FL Modena, same ...........,..,....,. /. 8
LEMONS
Los Angeles herald., 1909-09-16
SAN BERNARDINO
office 2s4 e Street
Phonesi Home 269. Sunset Main los.
TAFT TO PAY BUT HASTY
VISITS TO INLAND CITIES
President VIII Stop In San 5ernardino
to Pick Up Chamber of COM
merce Representative

SAN BERNARDINO, Sept, 10
President Taft will pay but a hasty
visit to the inland Southern California
cities, the arrangement now taking him
through San Bernardino and Redlands
by automobile without a stop, except
to pick up a representative of both
chambers of commences, and then on
to Riverside, where he will arrive In
time to prepare for dinner, after which
he will return to Cotton and board his
special train for the east.
The trip will be made from Pasadena
to this city via the Santa Fe and 1t
is probable he will deliver a short ad'
dress at several of the larger towns
along the route. Arriving here he will
be transferred to an automobile and
then taking the main thoroughfare
through the city go to Redlands,
where he will go over the Mckinley
drive and then to Riverside.
The speed at which he will ride
through san Bernardino will be four
miles per hour in order to allow every
one along the street to get a good
glimpse at the chief executive. 1t is
the intention at no time to drive at d
greater speed than eighteen miles per
hour,
Los Angeles herald., 1909-09-16
WILL DROP NORMAL
COURSES AT THR00P
SCHOOL TO SPECIALIZE ON
ENGINEERING
For First Time Since 1898 Trustees Of
Institution Decide to Change
Laws Governing the
Work
fsnsclal to Ths Herald.l

PASADENA, Sept. 15.-For the first
time since 1898 the trustees of Throop
Polytechnic institute have changed the
laws governing the institute, this action
being taken at the annual meeting held
last night, at which A. H. Fleming,
w. H. -Vedder and DR.. Norman Bridge
were reelected to succeed themselves.
A permanent finance committee, Whlch
will have an office in the new admins
tration building, was appointed. 1t In
cludes c. w. Gates, j. A. Culbertson
and A.. H. Fleming.
DR.. James A. B. Scherer presented his
first annual report as the president OF
the institution, showing the degrees by
which the sum of s157,v00 has been
raised for the erection of the new
building now being constructed on the
20-acre campus on East Callforhla
street and Wilson avenue.
The raising of half a million dollars
is included in the present plans work
ing toward the following objects;
Pasadena hall, $160,000; equipment OF
hall, $780, 600; liquidation of tioatlng IN
debtedness, $50, 900; provision for tenn
porary maintenance, 100000, and the
foundation of a permanent endowment
fund, 100000.
Principal efforts are to be directed to-
ward upbuilding a high grade school
of engineering, comforting the degree OF
bachelor of science and no other Nor
NAL courses are to be abandoned, and
at the end of the present year typewrit-
ing, domestic art, cooking, wood carv-
ing, drawing, patterns, language, hand
icraft and physiology are to be dropped
as courses.
Los Angeles herald., 1909-09-16
SANTA MONICA
Trolley way bet. Pier ave. and Marine st.
Home All; Sunset 1861.
FIRST METHODIST CHURCH
SHOWS PLEASING GROWTH
Reports Indicate Both Membership and
Finances Are In Encouraging
Condition

SANTA MONICA, Sept. 15.-The re-
ports of the various departments of the
First Methodist church, presented at
the annual meeting of the congregation
last evening, show an encouraging
condition of affairs, both in finances
and membership.
There were fifty-nine new members
received into the society during The
last year and many were transferred
to the new Ninteenth street church,
leaving the original body member
ship of 2S2.
The debt on the church building has
been reduced by more than $4,000.
A strong resolution was passed COM
mending the work of the present pas
tor, Rev. Edward Vaughn, crediting
the advancement of the church to his
labors.
The following officials were elected
to serve for the coming year:
Turstees; T. A. Moody ]. E. Pitten-
ger, c. c. Towner, George Hart and
T. H. Hartman.
Stewards; T. A. Moody, Delos Wat
enpaugh. Alice Nichols, David Crowley,
Mrs. Elizabeth Richmond, Mrs. S. j.
Death, Jenkin Richards, W. A. Alb
bott, Mrs. Hattie Yeaton. Mrs. T. E.
Grain, Mrs. A. A. Ralph, Mrs. Charles
Trafford, Calvin Miller.
Rev. A. w. Atkinson, district su-
perintendent, was present and pre-
sided at the quarterly conference.
Los Angeles herald., 1909-09-16
PACKING HOUSES PREPARE
FOR NEXT ORANGE SEASON
Crop Expected to Be Considerably
Short of the One Last
Year

REDLANDS, Sept. 15.-The various
packing houses, several of which nave
been closed down for several weeks are
again the scenes of much activity, car
penters and employees getting them
ready for the opening of the new sea-
son. In the Redlands Fruit association
house. Golden Orange association
house, Mutual Distributors house ana
some of the others extensive changes
are being made, practically all of the
old packing machinery having oeen
torn out and much of 1t repaired with
new and modern machines, the eX-
penditure In each house being ABOUT
$4,000. The former house also has re-
modelled the building recently, raising
the roof and building a double roof'
also building a large cellar to store poX-
ing material.
The packers say the crop will be con-
siderably short of last season, but they
are going ahead with extensive I'M
provements and are enlarging the
capacity of their houses. The Golden
orange house, which averaged eight
cars a day last year, is to have the
capacity enlarged to sixteen cars day,
and the others will make corresponding
Increases to get ready for larger out
nut. Considerable new acreage in the
Redlands district is coming into bear
ing. and this will assist in keeping the
crop near the figures of the past year.
Los Angeles herald., 1909-09-16
MARRIAGE LICENSES


sHIPLEY- Y-LEWIs-Isaac n Shipley; age 49,
native of Maryland resident of Wilmington
and Wurna Lewis, age AZ, native OF Wiscon-
sin resident of Welsh La.
BAHN-WEEKS-Joh II. Balm, age 49, ma
tive of Indiana, resident Of Delano, and Rose
Weeks age 49, native of Illinois, resident OF
Los Angeles.
SCOTT TT-HUGO-Benjamln Scott, age 40, native
of Scotland, and Emma Hugo, age 81, ma
tive of Sweden; both residents OF Los
Angeles
YOUNG G-McKEY-Willam P. Young, age 20,
native Of Canada, and Alys H. Mckee age
29 native of Indiana; both residents of Los
Angeles
BOWERS s-RALEIGH--George A. Bowers, age
81 native of Ohio. and Alice Raleigh, age
"a native of California; both residents OF
Los Angeles.
wv ALINA A-BOSWELL-Arthur o. zwalina, age
81, native of Germany. and Fannie A. Bos-
WELL age AZ, native of Texas; both resi-
dents of Los Angeles.
WIDNER- R-McCORMICK-Lore C. Widner
age 81, native of Kansas. and Margarette
Mccormick, age %, native of Michigan; both
residents of Los Angeles
STRONG-CURLEY-No w. Strong, age
26, native Of Canada, and Bertha j. Curley
age "a, native of California;; both res.d, nts
of Los Angeles
WEST T-ROBINSON-Leslie NJ. West, age 49,
native of Wisconsin. and Margaret Robinson,
age 26. native OF California; both residents
of Los Angeles
BARNETT -sLATER-ohit r. Barnett age 20
Los Angeles herald., 1909-09-16
BOY BROWNS IN SURF
NEAR HOTEL VIRGINIA
SWEPT OUT TO SEA BEFORE
HELP ARRIVES
Body of Marvin Mcclure Recovered
from Ocean After Three-quar-
ters of an Hours
Search
Especial to The Herald. ]


LONG BEACH, Sept. 15.-The bath
ers on the other side of the Hotel Vtr-
ginia were startled this afternoon when
it was learned Marvin, Mcclure, the
son of Mr.. and Mrs, Mcclure of 729
West First street, 15 years old, was
drowned while in bathing and out of
sight of the attendant who was sup
posed to be watching him. While
preparing to return from his swim the
lad took one more plungs, and in some
manner got beyond his depth, was car
ried out to sea by the fast receding
waters, and before any of the bathers
could reach him sank out of sight,
and for three quarters of an hour all
attempts to get the body proved futile.
His attendant made desperate ef-
forts to reach the lad, and came near
losing his own life, and no doubt would
had it not been for the quick action
of the life guards who made a hurried
trip from their station to the scene,
nearly one mile away. While the
crowd was watching the efforts of the
life saving crew searching for the body
cry came from those in the water
who were also on the lookout, and
rushing into the water Mrs. Myron
Wells managed to grasp the body and
bring it in. At once Mr.. Archer, the
bathhouse man, applied artificial res
piration, but life was extinct.
Los Angeles herald., 1909-09-16

native of Iowa. and Azalia Slater age "a
native Of Utah; both residents of Los An
geles.
MELE-F -FRANK-Fran Mele, age 30, native OF
Italy, and Carrie Frank age IS, native OF
kentucky; both residents of Los Angeles.
LARKIN- N-CARLEsON--william Larkin, jr.
age 21, native of California, and Rose Carls
son, age a., native of Washington; both
residents of Los Angeles.
-ROLOFF-Joh Robertson, agi
Sc, native of Scotland, and Bertha q. Roloff,
age 81, native Of Germany; both residents OF
Los Angeles.
MOORE-LUCCOCK-John w. Moore, age AZ,
native of Texas resident of San Bernardino,
and ALA NJ. Luccock, age 2S, native of Kan.
sas, resident of Los Angeles.
WHERRY- Y-ROBERTS-Lindley p wherry age
%, native of Kansas, and Sarah NJ Roberts,
age %, native of Utah; both residents Of
Bingham, Utah
. 26, native of Germany, and Nellie Evans,
age IS, native of South Wales both resi-
dents of San Pedro.
-HAENEL-Frederick F. J. Zench-
er, native of Austria, and Alma Haenel, age
81, native of Texas; both residents OF Los
Angeles.
MS-McFARLIN-Roy B. Williams, age
25, native of Iowa. resident of sherrard, Ill,
and Ada r. McFarlin, age %. native of
Illinois. resident of Long Beach.
CLAY-GRAVES-Wil F. Clay, age "a, ma
tive of Iowa and Helen B. Graves. age SO.
native of New York; both residents of
-WkLsH-Archie F. Holbrook, age
81. native Of Pennsylvania, resident Of Los
Angeles, and Edith Walsh, age IS, native
of Massachusetts, resident of Huntington
Park.
ARDS-GAYLORD-John F. Richards, age
26, native of Connecticut and Fosta M. Cay
lord, age 81, native of Nebraska; both resi-
dents of Pasadena.
EVERHART-GRIFA L. Everhart
age 80, native Of Ohio, and Marguerite G.
Grifalva, age SO, native of California; both
residents of Los Angeles.
HOCHELERFFER-WO Edward r
Hochelerffer age 21. native of Arizona and
Agnes e. Wooster, age %. native OF Mime
sofa; both residents of Los Angeles
Los Angeles herald., 1909-09-16
PASADENA NOTES

PASADENA, Sept 15.-Tomorrow in
Pasadena viii be bargain day, being
the fifth monthly event of this charac-
ter under the auspices of the Pasadena
Merchants association.
Rev. w. C. Hull, the new pastor Of
the First Christian church, and his
family, who recently arrived in Pasa-
dena, were last night rendered a re-
ception at the church.
The Pasadena Canadian club held its
third meeting last night and COM
pleted it's organization by electing the
following officers: James Barber, presi-
dent; Mrs. Black, vice president; o. A.
Nlckerson, secretary, and DR.. Fillmore,
treasurer.
The alumni nurses Of the Pasadena
hospital will hold a meeting Thursday
day evening of next week.
The Pasadena Merchants associa-
ton will hold its quarterly meeting
Thursday evening to listen to an adj
dress by Horace NJ Dobbins, presi-
dent of the Pasadena Rapid Transit
Railway company and to make plans
for the coming winter season.
The Ohio society will picnic tomor-
row afternoon and evening at the home
OF Mr.. and Mrs. Giddings Of East Colo
RADIO street Watermelons will be the
hig feature of the refreshments.