davidaulloa/AmericanStories huggingface dataset:
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1909-01-30
COUNTIES MUST PAY FOR
TREATMENT OF THEIR INSANE
Supreme Court Ssains Lower Court 10 Appeal by Cass
County From Decision Favorable TO Siate-..1hs In
sufes Revenue to State Of Between $4,000 to
100000 "

The supreme court Friday handed
down decision in the case involving
the right OF the state to require coun-
ties to pay an annual sum for the
maintenance of patients In the state
insane asylum and institute for the
feeble minded. The court affirmed
the decision Of the lower court, and
held the law Of the state constitution
al.
The decision means that the state
will have from $4,000 to 500; 900
more of available funds than II the
decision had been against the law
and is important to the institutions
Of the state which are requesting
funds from the treasury for the next
biennial period.
The decision was on an appeal
from the district court Of Cass county
where the county auditor refused to
pay the sums required by law, and
brought an action to test the law. The
syllabus Of the decision is as fol-
lows: - =.
The State Of North Dakota, ex rel, T.
r. Mecue, attorney general, respon-
dent, W. Arthur G. Lewis az Audi
tor Of cass county, state Of North
Dakota. appellant.
!; BY chapter %, laws 1907, the legis-
lature appropriated the total sum of
$50. 500, for the purpose. as stated,
'"of paying the current and contingent
expenses and for permanent improve
ments Of the institution for the feeble
minded at Grafton, for the period be-
ginning March I, 1907. and ending
March 1, 1909" Out of such sum but
81, 500 was appropriated for .mainten-
ance of said institution. BY chapter
237, laws 1907, "the person legally
responsible for the support of any
person admitted. to said institution,
shall pay semi-annually to said insti-
tuition the sum Of fifty dollars; but If
the person SO liable, be unable to pay
such sum, it Is hereby made a charge
upon the county Such act requires
the county auditor, when furnished
with. certain proof therein required,
to transmit to the superintendent OF
such institution his warrant as such
auditor for the sum Of fifty dollars
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1909-01-30

every six months, such payments. or
so much thereof as may be necessary
to be expended in providing suitable
clothing Tor the inmate, and excess
remaining to be conveyed into the
state treasury at stated times and
credited to the fund for the mainten.
ance of the institution. ~ . =3}'S
Held, That said acts are in pari mat.
eria, and when construed together
they clearly disclose the legislative in
tent that the appropriation Of $11. 500
for maintenance of such institution
should be supplemented to the extent
of payments required to be made un:
der the provisions of chapter ,237,
aforesaid. -.'-sss,@.s
The fact that such institution has
sufficient money in its maintenance
fund derived from the appropriation
and voluntary payments made per.
suant to the provisions Of chapter 237
by other counties, and by persons
legally liable for the support of in
mates, Is no defense in a proceeding
by mandamus to compel the county
auditor of Cass county to transmit
his warrant to the superintendent of
such an institution as required by
chapter 237, aforesaid. ..2 49,.
It is undoubtedly within the power
Of the legislature to take charge Of
and provide for the INDECENT insane
and feeble minded persons within it's
boundaries by general taxation and to
relieve the several counties from such
burden except as they bear their pro
portion through such taxation. It is
equally within the power Of the legis-
lature to require each county to main
tain its own INDECENT persons or to
reimburse the state in whole or in
part for so doing. The fact that the
institution for feeble minded is a
state institution, in no manner re-
stricts or limits the legislature in the
exercise of such power. There is
nothing in the provisions of section
174 Of the constitution of this state
which deprives the Legislature of the
exercise of such power. "
The contention that chapter 237,
aforesaid, Is constitutional as. being
sviolative of sections ia, 50, s172 and
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1909-01-30
GOVERNOR H,ANLY.

The famous Indiana governor ar
rived in the city Friday night too late
to deliver his lecture on the Patriot
ism of Peace" He lectures in James.
town Saturday night and Billings
Mont, Monday night. The governor
delivers this lecture on Sunday, night
at Chautauquas, and before Y. M. G,
A. associations. 1t is a suitable Sun.
day lecture on the same line as Bry.
ans prince of Peace" and he sug.
gests that If thought best he will stop
over on his way to Montana and
preach Sunday night on the Patriot.
ism of Peace"
The governor is on a six weeks
trip to the coast and will return to
Indiana by way of Denver, so would
not be able to come to this territory
again. The lecture committee will
take the matter up today and an
nounce the decision tomorrow morn
ing in the Tribune.
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1909-01-30
4. new BUSINESS firm
.A FINE NEW LAUNDRY PLANT TC
be INSTALLED SHORTLY in
H %t5"rT -. fEr ~
THE CITY.

Bismarck will soon have another
business concern in the shape of a
new laundry. The plans are about
completed but not entirely ready for
publication, as some Of the details are
not worked out.
The new plant will be in the old
Healy building on Sixth street, north
Of the hardware store of the Union
Mercantile company. The manager
will be an experienced and competent
laundryman and intends to reach out
after work over the large scope of
territory which is tributary to Bis
marck. AS soon as all the details are
definitely worked out they will be
made public. Suffice it to say that
the new enterprise will be under way
In the very near future.
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1909-01-30

Benjamin Tufte, states attorney fol
Griggs county, was an arrival In the
city Thursday night. ID
+ C. +. Leonard, who is in charge o.
the office Of the American Steel Wire
company at Fargo, left for home or
Friday afternoon, having shipped out
the company's exhibit at the recent
! convention.
| Ex-senator A. T. Kraable, of Gilt
ford, Trail county, was in the city
Wednesday and Thursday. S. .s.@s
y Herbert O'Hare, the attorney at
Garrison, was doing legal business In
the city Thursday evening. +.
Benjamin Stoelting of Expansion,
was doing business in the Capital City
Friday. = $3.50.
Attorney F. E. Williams was down
from Wilton Thursday night, .. =
]. e. Nelson of Washburn, was a
guest In the city Friday ~,~ Z. =
@. E. Dutton Of Hazelton, was doing
business in the city Friday. '
C. p. Ingmundson of Jamestown,
was among Thursdays arrivals in the
city :..Es!, .:-:., -. r -. u IL. a.-*
r e. Gorham. Of Medora, was q
passenger from the west Thursday. I
i John ]. Ryan of Braddock, was
transacting business with merchants
in the city Friday. s<- r. 9 . .*>>.-
IL. Rovig OF Underwood, was an ar
rival from Minneapolis Thursday, and
is visiting for q few days In the city.
on his way home. ,.( Z. !. s. .... II.
Representative streeter took advan-
stage OF the recess Of the legislature
to visit Minnesota points 5s=3. E =.I Y :
PROT. H. L. Bolley Of the agricultur-
al college It Fargo. returned home on
No. Friday afternoon. He has been
interviewing members Of the legisla-
ture on his seed bill, on which he
desires the Legislature to act. E
Arrivals yesterday: A.. +. Able,
Linton; II. r. Freitag, Max; James
"A. Shea, Rose Glen; Robert Marty
and wife, Washburn; J. NJ. Johnson.
Sharon; H. p. Lestor. Hettinger.
Walker, states attorney Of
Kidder county, was IN arrival Friday
night. }ssss-
Rev. Sterling Of Steele, was Ia the
city over night.
Superintendent A. 4 s. Danford of
the Methodist conference. L in the
city. arriving a delayed No. : Friday
might.
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1909-01-30
Still TALKING
ALL OF FRIDAY TAKEN UP WITH
ARGUMENTS IN RE WRIT OF
e 1900, PROHIBITION. ....


In supreme court yesterday the, en-
tire day was consumed by the attor:
neys in. arguing the order to show
cause why>a writ of prohibition should
not issue restraining the Poole court
martial from; trying that officer on
charges preferred against, him.
i Judge Engerud appeared for Poole
and Attorney General Miller and
Judge Advocate Hildreth for the court
martial. It is understood that the
argument will take up most Of today,
also. %ss2,,.
The court has mot reached the quo
warranto case, which involves the
constitutionality Of the law under
which Gov. Burke removed Adjutant
General Poole from ONCE, retired him
and appointed Col. Peake to the Of
fee of adjutant general with the
rank Of brigadfer general:
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1909-01-30

186. Of the state constitution, are not
sustained. n s2 ;s5 ~
Appeal from the district court of
Cass county; Pollock, 7. \.
Action by the state Of North Dako
e. ex rel, T. F. McCue, attorney gen.
eral. VS.. Arthur G.sLewis, as auditor
OF Cass county. wi. ~ y:,%..ss...3s.} I
From a judgment in plaintiffs ia
svor; defendant appeals. MIL
I'M Affirmed. @ % e. @ .s. a7.s
U Barnett & Richardson's, for appellant.
JEFF M. Meyers, for respondent.
Opinion by Fisk, IT, s. -.
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1909-01-30

Kerosene oil at Faunces, Fourth
street. gallons for 75c, cash. Cas-
olene $1.00 cash for gallons, until
further notice. Try it once.
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1909-01-30
BINDING OF BILLS.

For the convenience of the mem.
bers the pages are busy just now in
having the senate and house bills
bound in convenient form for handling
Nos. / to 100, inclusive, constitute
ing the first volume. Files given to
the pages one day can be bound and
returned for the session of the next
day.
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1909-01-30
Bargains.

High grade enameled ware at spec
ial prices. Look in our two windows;
one has 80 cent goods; the other has
SO cent articles. We know you need
some of these, and they are all spec
ial bargains. Call at store. G. w.
Wolbert Hardware Co.
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1909-01-30

The Baptist Ladies Aid will have
cake, cookies, white bread, brown
bread, rolls and pies, at Hoskin's Sta
tionery store, Saturday afternoon.
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1909-01-30

fiat any time whatever, you visit
the store that has the best ads, you
will be pretty sure to visit the best
store.
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1909-01-30
CAY(||u|.s|,C Co,
81 HstlI Building
N Phone - IN .5@ =. "
Sell For ! Cash Only
Oul Individuality / 70 !:
Fsncy Head Lettuce
Each ] &c . i. :, -. =. !. =. :.
FrSsb Loaf Lettuce
= 5.:+> Il No sc ~. = o-
4. y Fresh Tomatoes
= i Per pound 2bc ss...
6. Celery
I .s .: ,S$...s'' .... 2for Csc.
- Z =
I. i =... caulihower
:. :. 4. 4 ...s,zs.zz St. ( 2 for 26c
!. i. ... Grape Fruit
e. 3 s....sl 4. I: 3.for 2bc - :
F.. Malaga Grapes
II: !: .s3 Per pound 2oc !. -.
. Sweet kavel Oranges
Soc 40c and soc per dozen j
III! Il r. '.' a&~.- '2
Telephone Orders sent c. 0. D.
! The Golden Rule
GROCERIES and NOTIONS

i, Ii - . i 80 m r.., F..-
Large fancy Lemons, per doz..,.. .25
Naval Oranges, per doz., 30 and. .S5
Vanilla Walters, TBS. for ...... .35
Best Ginger Snaps, 8 lbs for -. :25
Fig bar, per lib. s..>.... !. ..-.... .15
Rice Cake; 2 Tbs. for =. ........, rs
Peanut Walters, per lib. :. 49,. rs
Apples. per bk., soc, BY box. =. rs
1711k IBIS. Granulated Sugar. -. i. 90
Aunt Jemima Pan Cake Flour.
2 pkgs. for ...............:. rs
Pure Buckwheat Flour, per lb.... .05
Picnic Hams, per lb. ........... 90
Vinegar, per gal. ..:..... rs
Arm and Hammer Soda, per lb. .07
Bulk Gloss Starch, per lb. ........ .o5
"A 4Uc Broom Tor 35c and 35c j:
Broom for K. !. i. 4 80
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1909-01-30

New ladies' Oxfords and children's
shoes and Oxfords are now being
shown at Webb Brothers.
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1909-01-30

IS A few more soft coal heaters i
called for at once at Faunce's.
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1909-01-30

Webb Brothers announce the arriy-
q sof spring nos.
The Big Sandy news. [volume] (Louisa, Ky.) 1885-1929, 1909-11-26
Good Roads for Kentucky.

Official tabulation OF the vote
cast at the last election by the State
Board of Election Commissioners
showed that the Good Roads amend
ment to the Constitution carried by
majority of 5,49O. This will be
the majority certified to the Secre-
tary of State by the Election Com
mission, and will be final, although
some counties did not send in their
vote on the amendment.
Even counting the vote in the
missing counties the good roads
amendment will have a majority OF
at least 1000. The result was
great surprise even to Senator Tom
Wyatt, who had introduced the bill.
providing for a vote on the amend
ment. He had hoped that the Off
cial vote would show a majority for
the amendment, but even he did
not hope that the majority would
be so large.
The Big Sandy news. [volume] (Louisa, Ky.) 1885-1929, 1909-11-26
Apples in West Virginia,

The NEWS calls the attention of
its readers, especially the agricul-
tural ones, to the splendid article
on apple-growing on the 9Th page
of this issue. 1t will richly repay
a perusal. The soil and climatic
conditions of this section and West
Virginia where these magnificent
crops of apples were grown, are
very much alike. What has been
done in Berkeley county, West Vir-
ginia, can be done in Lawrence
county, Kentucky.
The farmers in this section have
to get out OF the old ruts and raise
something besides corn. Nearly ev-
cry acre of the so called poor" land
in this region can be made as pro-
ductive as are the acres Of Berkeley.
Go to work and do 1t.
The Big Sandy news. [volume] (Louisa, Ky.) 1885-1929, 1909-11-26
Grand Free Show.

There win be total eclipse Of
the moon Thursday night. or rather
on the morning of Friday, Novem-
ber 26, and while it will be visible
all over the United States, yet it
will occur at such an early hour
that 1t will come and go while the
great majority of people are snooz-
ing comfortably in their beds. For
this locality the moon will enter the
shadow at 1887 a, m; the total
eclipse will begin at 2:4O a. m; the
total eclipse will end at 4:02 a. m,
and the moon will leave the shadow
at 5:O4 a. M, standard time. There
will also be partial eclipse of the
sun on December 12. but it win not
be visible in the United States.
The Big Sandy news. [volume] (Louisa, Ky.) 1885-1929, 1909-11-26
Good For a Trip.

Lewis Salyer, 10, and his cousin,
Irvine Salyer, 16, are in Jail and
will likely remain there until the
next term of Circuit Court. These
boys, who had been working on Mil
lers Creek, tiring of their tasks,
concluded to skip the country, so
Friday night they took Ed Burgess
two horses and bidding goodbye to
an unpaid board bill they headed
for the Little Gap section from
whence they came. Irvine rode home
and hid his morse in the woods. He
was arrested. Lewis rode on, swap
ped horses and finally landed in
Jail at Grayson. The horse he had
stolen was ridden to Paintsville by
the man with whom he had exchang
ed and the horse was soon turned
over to Mr.. Burgess, it's rightful
owner. Detective Dan Price went
to Grayson and returned with Lewis
Salyer. Both boys say they are
sorry and doubtless they are, but
the trouble is they grew sorrowfu,
too late, A trip to the penitentiary
will at least impress them with the
truth OF the old adage Honesty Is
the best policy. cy."-Paintsville Her
aid.
The Big Sandy news. [volume] (Louisa, Ky.) 1885-1929, 1909-11-26
NJ. F. conIey, Publisher.

pened In this section for years was
brought to light Tuesday in the
court of Justice Wallace Chafin.
George Smith, who lives at the
head of Sycamore Creek, is the man
charged with chastising his better
half. Mrs. Smith must be an Anna
zon, for George did not tackle the
job alone. Three other men, Lind
sey Smith, Allen Hager and Jake
Smith, are said to have assisted the
valiant George. This trio cut the
switches and carried them to the
husband, who applied them with
great vigor about his wife's body
and limbs.
When Mrs Smith appeared in
the Justices court she showed the
effects of her beating. There were
great welts on her arms and she
was badly bruised and hurt all over.
"The husband and his three as
sistants were charged with conspir-
acy under the Red Mems act and
were held to the grand jury under
$500 bond, which they furnished.
The arrests were made by Constable
John B. Maynard"
The Big Sandy news. [volume] (Louisa, Ky.) 1885-1929, 1909-11-26
County Road to CatlsttsbuTg.

The attention of our authorities
is called to the excellent opportun-
ity that now exists for completing a
good road along the river from Lou
lisa to the Boyd county line at very
slight cost The C. & o. railroad
has just turned over to the county
considerable amount of good new
and rebuilt road. There are only
two short gaps or connections to be
made by the county. One of these
is near Fuller station and the other
between Gains Branch and Two Mile
creek.
1t has been good many years
since there was road from Louisa
to Catlettsburg along the river A
little prompt work right away will
give us good road of this kind at
comparatively small cost.
The Big Sandy news. [volume] (Louisa, Ky.) 1885-1929, 1909-11-26
Appendicitis and Operation.

Late in the day on Monday last
Oscar Blenkenship. the young son
of Dan Blankenship of this place,
WAS taken suddenly i'll. DR.. T. d.
Burgess was sent for. and upon ex-
animation he found the young man
was suffering with appendicitis. The
doctor advised his removal to River
view Hospital. This was done and
the lads father was sent for.
Mr.. Blankenship, who is section
foreman on the c. & o. railway,
was in Pikeville. and there was no
train until the next day, but he
procured a hand car and a crew
and in storm and darkness set out
for Louisa, Long before his arri-
val DR.. Burgess had successfully
performed the required operation
and the boy was and is doing well.
The Big Sandy news. [volume] (Louisa, Ky.) 1885-1929, 1909-11-26
Safe Blower is Bad Man.

The man who was brought from
Pikeyille TO this city and lodged in
Jail on charge of burglary seems
to be a bold. bad man. He was
brought here for safe-blowing and
safe keeping. The Pikeville Herah
tells about him:
"on last Monday night the store
room of ]. NJ. Robinson, at Regina,
was broken into and the safe blown,
with the intention of robbery. The
thief entered the building through
window with a Jimmy and after
using bar on the combination,
breaking the knob, he used dyna-
mite TO blow open the safe. The safe
being very large and strong one,
he had some difficulty. even taking
three loads OF dynamite to blow the
door The door was blown from the
rear TO within about 10 feet OF the
front door Mr.. Robinson's house
/ NdS dbout NNO VI lhISt uunuItu
yards from the store. and he did
not hear the noise until the third
shot. when he awoke. and grabbed
his gun and ran to the store. and
the thief was Just coming out OF the
window when Mr. Robinson covered
him with his gun. The burglar had
secured what money was in the
safe, In all about s23. After sur
rendering there was found on his
person several bits used by profess
ionals, and a jimmy, with a G. g. o.
time table for Kentucky. with sew
eral other books which proved he
was well supplied and prepared for
the business. He gave his name as
Clark, but after placed in Jail he
seemed to have several aliases as
he gave different name to every
one who interviewed him He claim
ed 20 be from Cincinnati and con-
fessed of having been operating with
the same kind OF business In Ohio
and West Virginia"
The Big Sandy news. [volume] (Louisa, Ky.) 1885-1929, 1909-11-26
Predicts BIC development
Chicago Capitalist Visits Big Sandy
Valley and Sees Great Future.

Col. s. C. May, prominent cap
italist of Chicago, was in the city
yesterday. He is largely interested
in the development of the Big San
dy Valley, where he has a vast
amount of mineral and timber lands
Speaking of the outlook for that
section, the Colonel said that the
upper Big Sandy Valley was on the
eve of one of the greatest booms
ever witnessed in this country. His
view was truly most optimistic one
and he proceeded to explain at
length the reasons for believing so
strongly in the ultimate importance
of that country, from a business
standpoint.
There is a rumor afloat that the
Chesapeake & Ohio railroad people
will proceed to double track their
line along the entire route, south
from this city, in the very near
future, so as to be ready to handle
the vast tonnage of coal that will
be mined up there and that the Big
Sandy Valley is to witness greater
activity hereafter than any other
section hereabouts, there seems to
be nos doubt.
For some time there has been a
general rush to buy the coal and
timber lands of the country, until
now nearly all the lands that are
available have been secured by the
various syndicates that have been
operating and the work of develop
ment is now expected to begin and
will be prosecuted to an amazing
extent.-Catlettsburg Tribune.
The Big Sandy news. [volume] (Louisa, Ky.) 1885-1929, 1909-11-26
Another Kind Of Shower.

There have been showers OF all
kinds in Louisa during the past
week or so. Showers of linen,
showers OF rice, showers OF hose
neither garden nor fire. however
showers OF rain and miscellaneous
showers, And not TO be out OF
style on Tuesday evening last, at
the home OF James skene, the lad
les OF the NJ L. Church South had
a silver shower. The drops were OF
various sizes, from dimes to dollars
and although no deluge followed
the rain OF the precious metal a
pretty good stream flowed into the
treasury of the society.
For the silver thus bestowed the
ladies made ample return in the
way Of most excellent refreshments
Delicious cream, cake and coffee
were served abundantly, and song
and instrumental music added to the
enjoyment of the occasion.
The Big Sandy news. [volume] (Louisa, Ky.) 1885-1929, 1909-11-26
TieTney-COnIey.

Speaking of the marriage OF John
Conley, formerly of this place. to
Miss Mary Margaret Tierney, of
Ashland, the Independent of that
city says;
"The wedding of Miss Mary Mar
garet Tierney, the daughter of Mr..
and Mrs, Micheal Tierney, of West
Winchester avenue, and Mr.. John
Conley. of Louisa, but now located
in this city, was an event of this
morning at the Holy Family Church.
The Rev. Father N. N. Gosselin said
the marriage ceremony, which was
according to the rituals of this
church.
The bride, who is quite a hand
some young lady, was gowned in a
white chiffon broadcloth, trimmed
with satin folds, and made en-
traine. With this she wore a large
white beaver hat, trimmed with long
white, willowly plumes. She carried
an immense bouquet of bride roses
Mr.. Conley is engaged in the
restaurant business here, on 18th
street, and he is successful bust
ness man, and both parties have
many friends in the Park City who
join US in extending congratula.
tons"