davidaulloa/AmericanStories huggingface dataset:
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1910-09-25
|PEM|b|NA COUNTY SEAT
DECISION HANDED down
JURISDICTION IN CASE AND
ELECTION WILL HELD TIL is FALL FOR COUNTY SEAT RE-
movAL WITH PeMHNA CAVALIER CANDIDATES


juris wherein are directly involved
the sovereignty of the state, its fran.
chises or prerogatives or the liberties
of the citizens. State v. Holmes, 16
n. D. 457 and cases cited; State "
Fabrick, II N. d. 533, and State v
Gottbrecht, II N. D. 543 and cases
cited. Only in rare instances has
this court deviated from the above
rule. The case of State V. Fabrick af-
fordS such an instance. There eXcep-
tional circumstances were presented,
, creating an eXigency or emergency
imparatively demanding the exercise
of original jurisdiction by this court
in order to obViate great injustice.
/ The facts presented a question pub
lici juris but affecting directly the
citizens of county merely and the
coLlt, following limitations to that
effect in certain prior decisions, held
that such a situation may justify the
issuance of the prerogative writ. In
State V. Gottbrecht, which involved
a controversy over an attempt to re-
move county seat, the court ex.
pressly declined to exercise original
jurisdiction. Whether the facts of
particular case bring it within the
rule or the exception as above stated
so as to warrant the issuance of
prerogative writ is not matter call
ing for the exercise of a discretion.
The rule is inflexible and will be ap-
piled as the test to the facts in each
case. The facts present case per-
hitting the exercise of original juris-
diction then the court is clothed with
a discretion, and, as held in State v.
Holmes, supra, "Whether the court
will exercise it's extraordinary juris.
diction is a matter within it's
sound judicial discretion depending
on the particular facts in each case"
applying these rules to the facts
presented in REALTORS application we
agreed that this court is without ju-
risdiction to issue the writ prayed for,
and, therefore, there is no room for
the exercise of any discretion. We
are unable to concur in the views of
counsel that this case may be diff.
ferentiated on principle from State
V. Gottbreht, supra.
Writ denied and order to show
cause Quashed.
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1910-09-25
gen. ACT. OF J.. P.
ACCIDENTALLY SHOT
By associated Press.

By associated Press.
Cleveland, O., Sept. 24.-Donald P.
Stubs, general agent of the Union
Pacific railroad here, was taken from
the Union Pacific Offices tonight with
probably fatal bullet wound over
his heart. At the hospital Stubs
declared his wound was the result OF
an accident. He was alone at the
time.
The big office building on which the
Union Pacific Offices are located was
practically deserted at the time of
the shooting. The first person to
learn what had happened was the
night elevator boy, who found Stubs
leaning against the wall of the corri-
dor outside his Office. The wounded
man was holding one hand over his
heart and gasped: Il am shot. shot
myself accidentally. l need help"
The boy ran for doctor and other
attaches Of the building summoned
the ambulance. Stubs was removed
to a hospital, where it was found a
revolver bullet had penetrated his
breast just above the heart. To the
doctors he made brief statement to
the effect that he had been examin-
ing now revolver which he had pur-
chased earlier in the day and had &C.
cidentally discharged it.
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1910-09-25
:. record lime Vas

! Handed down l.: record lime va:
the decision of IN" supreme court il
what has been Nr.)Nn as The PEN
bina County Seat Case" The decis
ion was announced Saturday after
noon after the case had been argued
Thursday The decision is in effect
that the election will be held and tina,
Pembina and Cavalier will be the can
didates for honors.
The case was originally started by
Hami..on, in Pembina county, who
! were anxious that their own town
, have a look in on the fight. Follow
! ing is the syllabus and the decis
! ion:
: State of North Dakota, ex rel. Andrew
/ Miller, attorney general, and Thos
Cornell, A. +. Thacker, O. II. John.
son, NJ. II. Miller, G. G. Thompson
F.. NJ. King, August Short and G. w
Shumaker, REALTORS, plaintiffs, w
Adam Norton, John X. Olafson VIM.
Bigwood, Joseph NORM and r. c
Myrick, members of the boA"d Of
county commissioners of the coun
ty Of Pembina, state of North Va
kota, and as such members OF said
board of county commissioners, and
as the board of county commissions
ers of Pembina county, North a
kOta, defendants.
Application for the issuance by the
supreme court of its prerogative writ
to enjoin defendants, as county com
missioners of Pembina county, from
c,,hn,iftiru tn thu a. 1f
county at the ensuing general cleo.
ton the question of the removal of
the county seat from the city of Penn
bina to the city of Cava..er.
Writ denied and order to show
cause quashed.
Ball, Watson, Young and Lawrence,
for REALTORS.
D. J. Laxdahl and George A. Bangs,
for defendants.
per Curiam) Realtors have peti.
toned this court to assume jurisdic-
ton in this proceeding for the pur.
pose of issuing its prerogative writ
enjOining defendants, as county con.
missioners of Pembina county, from
submitting to the electors of such
county at the ensuing general election
the question of the removal of the
county seat of such county from the
city of Pembina to the city of Caval-
Ter. An order to show cause was is.
sued returnable on September 23rd,
at which time counsel for defendants
in effect, stated that they did not de-
sire to raise any objection to the
exercise by this court of it's original
jurisdiction and that they joined with
REALTORS counsel in requesting that
this court exercise its discretion upon
it's merits.
AS we view the matter there is an |
insurmountable obstacle which pre-.
vents us from complying with coun. !;
sells request. The constitution of this |
state, which defines and limits the
jurisdiction of this court, confers on
us the exercise of no jurisdiction to
issue original writs Except those
writs necessary to the proper exer-
else of appellate jurisdiction and to
aid this court in it's supervisory con.
troll over inferior courts), extends only !
to prerogative writs and that such
writs will issue only in cases publici |
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1910-09-25

State Engineer Atkinson, who has
recently been laying out irrigation
bitches on the Mouse river, north of
Minot, has returned enthusiastic over
the results shown by the use OF water
on the bottom lands this season and
the possibilities fer the future. Mr..
Atkinson was over most of the valley
between Minot and the Canadian line
and is satisfied that there are at
least twenty thousand acres between
these two points that are susceptible
of irrigation with maximum pump.
ing lift of fifteen feet. The lands lay
especially we'll for easy irrigation as
the banks of the river are several
feet higher than the adjacent lands,
so that it only become matter of
constructing ditch along the bank,
pumping into this ditch and flooding
all the land between the river and
the hills.
Henry StamMen. who has a large
farm. eight miles south Of Grano, and
has irrigated ,hree hundred acres
this season. is so thoroughly convinc-
ed OF the profits to be made by irri-
eating this land that he has recently
purchased 4 six thousand gallon pump
and is now constructing Il large ditch
two miles in length and will next year
irrisate seven hundred acres. This
season Mr.. Srammel has oats that
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1910-09-25
ROOSEVELT ADHERENTS
Defeated in Wash.

Portland, Ore, Sept. 24.JEarly re.
turns from the state primary eleec-
ton held today indicates that Jay
Bowerman, republican candidate for
governor on the so-called assembly
ticket, has defeated Albert Abraham,
who ran under a Roosevelt-Hughes
banner
The assembly and anti-assembly
fight is a straight issue and has to
do with the method of electing the
United States senators. The anti-as-
sembly plan is an attempt to thwart
the direct election of senators. Bow
erman is running we'll ahead of Abra-
ham in the Portland district and in
Multnomah county.
By the same uncertain figures A.
w. Lafferty has defeated W. R. Ell
lis, for congressman in the second
district. Ellis is the incumbent.
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1910-09-25
LAST MARKET DAY
NEW PLAN WILL BE SUCCESS.

The Commercial club are working
hard to secure as fitting climax for
the several successful Market Days
given this summer, the largest and
most attractive program and list of
prizes ever offered for this, the last
event of the season, which will occur
Saturday, October 9Th.
The new plan will differ materially
from that used heretofore, so that in
stead of using page advertising, in
which practically all the merchants in
town are represented, the club itself
will care for the publicity end of the
October market day, in addition to
giving a number of excellent prizes
as shown in their ads. AS this re-
lieves the merchants of the usual ex-
pense for the days entertainment,
they will be asked to offer various
gifts, guessing contests, prizes and
attractive merchandising offers for
that days. business and pleasure in
their regular advertising over their
own name. In this way a number of
attractive prizes may be given, and
uuCu ulIeIcsI CIedIeu Will very LIIlo
individual expense to any firm.
As the Commercial club have work.
ed increasingly to make Bismarck tho
market place of the community, have
created and developed much new
business in all lines through their
efforts, the merchants will readily re-
spond, which insures a phenomenal
cuccacC for thic c10sinp ovont which
has accomplished excellent results to-
ward making Bismarck "the best town
on the map"
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1910-09-25
IRRIGATION ON MOUSE RIVER IS
PROVING TO Be GOOD INVESTMENT
ATKINSON RETURNS FROM INSPECTION oF rn
vATE PROJECTS FARMERS EXPERIENCE WITH 500
ACRE PLACE PUTS HIM IN r. CLASS - ALFALFA
DOES ESPECIALLY UNDER IRRIGATION

yielded one hundred bushels to the
acre and blue joint that yielded two
tons per acre. He states that his en-
tire outlay for pumps, engines, ditch
es and operating expenses has been
more than returned to him by the
yields this season, and is convinced
that with irrigation he can produce
twice the average yield annually. The
results obtained by Mr.. Stammen this
season has served as an object lesson
to the farmers along this stretch of
the valley, and water right applica-
tons have been made covering about
five thousand acres a. -.iOnal which
will be irrigated next season.
The state engineer Is convinced
that the soil on these bottom lands
is of the best, and believes that in
tensive farming with the aid of irri-
CATION will produce a net income an
nually of at least thirty dollars per
acre. Alfalfa will be sure crop
with a yield of five tens per acre and
it is fine potato soil when irrigated.
The pasture land adjoining the bot
toms together with alfalfa and other
forage that can be raised, makes it
it is believed that the farmers are
an ideal dairy and hog country, and
now alive to the possibilities and will
make this one of the richest and most
productive valleys in the state.
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1910-09-25
DICKINSON editor
WEEDS FARGO GIRL

Forum: Wick w. Wood of Dickin-
son and Miss Inga Johnson were mar
ried today at high noon at the home
of the brides parents, Mr.. and Mrs.
Severt Johnson, OF 213 Ninth street
south, Moorhead, Rev. John ePterson,
officiating. The bride looked very
pretty in an embroidered gown. Mr..
and Mrs. Wood leave this evening for
Dickinson, where they will make
their home. Mr.. Wood was formerly
of the Forum staff, but is now man.
ager and editor of The Dickinson
Post. The Forum and Fargo friends
extend congratulations and best
wishes for the future.
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1910-09-25
SHIPPERS ARE
GETTING Rebate

Chicasgo, Sept. 24.-The direct
charge is made in an editorial ap-
pearing in the Railway Age Gazette
today that many of the big shippers
of the country are receiving rebates
from the railroads in the form Of ex-
cessive allowances for loss and DAM
age to freight and in an allowance
of excessive divisions of the through
rates made to tap lines and so-called
industrial roads.
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1910-09-25
NORTH DAk0TAN IS
SLUGGED and ROBBED

Minneapolis, Mimi, Sept. 24.-Sohn
Eek of Laureate, N. D., was robbed Of
$12O and badly beaten by thugs last
night. He was found at Third street
and Sixth avenue south in dazed
condition. At the city hospital he
had sufficiently recovered this morn
ing to tell the police of the assault.
He said he was attacked in another
part of the city early in the evening
and had wandered about in a dazed
state until he had dropped.
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1910-09-25
minnesota Won FIRST GAME
CONTINUED from page y

(COuCIUu6U ITUIH pd6o II
yards respectively, the latter run be-
ing for a touch down. Morrill, kicked
goal.
The next goal was another process
sion, Erdahl, who replaced johnson,
helping McGovern and Rsenwald in
carrying the ball the five yard line.
Stevens went over. Bromley inter
cepted a forward pass on the 33-yard
line and run for a touch down. Nor
ril kicked goal.
Minnesota used several substitutes
in the last half and Lawrence took
a big brace, the Maroon and gold
making only one touch down.
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1910-09-25
SUBSTITUTE FARM FOR PRISON

Chicago, tSpt. THE establish
ment of an agricultural clny near
Chicago, to take the place of prison,
bridewel and jail, was advocated by
Prof. Eugene Borel, delegate to the
International prison congress, and a
member Of the faculty Of the Univer-
sity of Geneva, Switzerland, at the
banquet given to the delegates to the
congress BY Chicago Association Of
Commerce last night.
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1910-09-25
TRl.STATE WEATHER.

North Dakota-Partly cloudy Sun
day with colder in east and central
portions; Monday fair.
South Dakota-Partly cloudy and
colder Sunday; Monday probably fair.
Enthusiastically cloudy and cold
.er Sunday; Monday fair and cool;
moderate to brisk northwest winds.
The Barre daily times. (Barre, Vt.) 1897-1959, 1910-02-08
BYRON AND THE BALLOON.
How the Poet 10 1922 Predicted ths
kirship Of Teday.


How the Poet Ia 1922 Predicted tbs
kirsbip Of To-day.
Those who have read The fiction Of
Edgar Allan Poe viii recall bis won-
derful story Of the balloon with pro-
pellinR ruddsr, which. crossing the At
Iantie from Europe IL three days. land
ed GU the coast Of South Carolina.
This story was published IN 1898, pre-
csalng the flght Of Blariot from Calais
70 Dover more than seventy years
and now It is remarked that as early
as 1922 sixteen years before Poe, BY
ron foretold the motor.
Il was m 1922 tkat Byron lived at
Pisa. Italy, where be bad rented f0r
year the Lsnfranehie palace, and Il
WIS there that be entertained d Cap.
tain ModwlB who on hts return TO
London published bis Conversations
with Lord Byron One 81 these con-
versationE il 10 this effect.
"Who can but regret said Byron,
that be has been born two Or three
hundred years too soon Here Is 4 let.
ter from savant Of Bologna who
claims to have discovered the secret
Of guiding balloons BY means Of
rudder and who assures me that be is
ready 10 disclose this secret 70 the gov
eminent imagine that We are soon
e make journeys through the air To-
stead Of sea voyages. at last 70 Gud
way to s. to the moon despite the lack
OF atmosphere that Fontanelle has dts
covered there. There Is not as much
madness IN this idea as one may sup
pose The sciences sre now in their
infancy
Medwln left Pisa 10 March. ls22.
II was near the close Of that year thar
Byron published the latter parts of
IFS Don Juan. IL which the poet
shows that he bad been inspired s.
the discovery Of the Bologna savant.
aee tie second atanka Of tie tenth
carte.
Man rem uith APPLES and with apples rose.
e taia Be- true. for We must deem the
Afa4#
ID which Sir Isaac Newton could disclose
Through the t9sn impaired stars the
turnpike road.
a thiak 70 countarhalanee human woes.
For ever since immortal man hath
glawed
with ali kinds Of mechanics and fun soon
Steam engines viii conduct hlm f. the
moon.
Byron's don Juan was translated
into French b. Amedee Pichos ID 1870.
but daring As was that translator be
did not venture 10 put sDon Juan
into rhyme and today the foregoing
stansa done III French prose Il sup
posed to he i prediction of aviation by
motor though Byron's suggestion goes
no further than steala L0ndon Globe.
The Barre daily times. (Barre, Vt.) 1897-1959, 1910-02-08
oLD.FAsHIoNED THRIFT.

Referring to Che sinking fund project
in Barre, the YergenHes Enterprise and
vcrmenter turns the discussion ia the
channel Of personal business, by declar-
ing:
eve know Of several firms who draw
n cheek each week Is their sinking fund
as the first one on the pay roll When
they want the money To pay note or
for improvements u their plant, it is
ready, and tie best Of al is. they
scarcely feel the small sum put into the
sinking fund eaeh week II YOU never
tried 4 sinking fund account. start one
This very week"
The plan outlined hy the contemporary
from the experience Of several Of it's
business acquaintance il most com.
mendablc one, and the man Or The firm
which follows It out IS practically sure
Of making success 81 his business.
The sinking fund idea i simply an out.
growth 81 the old fashioned plan 81 lay
ing away fof a rainy day" the homey
expression for the spirit Of thritti and
t. carry cut tie principle = % he neither
misery, close nor narrow On the con.
trary, Il is indicative Of broad minded
ness on the part Of every man, firm Or
municipal corporation which employs il,
and ia some cases ike Chat Of Barre, il
Is absolutely essential 10 the wei being
of the municipality that pan Of CHS
sort should Be followed. We suggest
with the Rergennes contemporary, that
the plan be tried bv individuals and
firms. and see how they come out.
The Barre daily times. (Barre, Vt.) 1897-1959, 1910-02-08
MUNICIPAL RARRE.

The political reformer who writes 10.
day about the @Fottenness and eorrap-
ton Of Barre cibp politics the evils 81
our present city government" aud tile
pflth and degradation which defle our
town. must have some inside informa-
ton, which BE- ought to present to the
local prosecuting authorities, Of, if he
distrusts them. to the county's prose-
cutting officer Or even the attorney gen
eral Of the state. II IS pretty stern
arraignment which he makes Of the gov
eminent Of this little municipality ana.
without desiring, u 50 aeing. 70 combat
any party q clique which may have
Politiosl aspirations in the coming eleo
han. we dseline - bellevs that aueA a
The Barre daily times. (Barre, Vt.) 1897-1959, 1910-02-08
Rules e slesp.

Those who think most who do most
brain werk. require most sleep, and
time saved from necessary sleep II
infaliibly destructive to mind, body
a1a estate Give yourself. your chill.
dren, your servants give all that are
under you the fullest amount " sleep
they will take BY compelling them te
10 ID bed III some regular early hour
ana To rise II the morning The moment
ther awake, and within 4 fortnight ID.
ture. with almost the regularity Of the
flsihg sun, win unloose tha bends II
sleep the moment enough rapose has
been secured foF TIE wants of the sys.
tenn That ID the only safe and sum
lieut rule and Is to the question how
much sleep any one requires, each
must be d rule far himaelf Great ua.
tufe win never fah "a write It out te
the observer under the regulations just
given London Globe.
The Barre daily times. (Barre, Vt.) 1897-1959, 1910-02-08

various Vermont communities are
claiming the distinction Of having led
Montpelier to see the benefits Of wom
ems club. Why not given the credit to
the president q the state federation,
Mrs, Ashton. who went before the Mont
pelier ladies and sat forth the advantages
Of such an organizations Montpelier
was 4 triFe dilatory IA entering upon
this work but II Is foolish for other
cities or towns to Fay that they set
Montpelier sight il this regard, simply
because they happened to have WON
ms club 81 tlieir 0Wn.
The Barre daily times. (Barre, Vt.) 1897-1959, 1910-02-08

Nicaragua, wedgea ii between Hon
durH and Costa Riea. Il triangular ID
shape. IT'S base of some 2s0 miles rest
Ing on the Caribbean sen It's area Is
about 5s000 square miles and BE- pop
ulati0n somewhat less than million
mostly Indians nestizos negroes and
mulattoes The whites Of pure blood
constitute but d small part ~ the peo-
PIE. The main products % the country
are rice, cocoa, coffee. Indian corn ard
bldes Like most of the South Aneri-
can countries. Nicaragua is noted for
its military pronuneiamentos," popu
lar rapolts, revolutions, etc, by which
the land il almost constantly troubled
to the verge of ruin New York Amer
lean.
The Barre daily times. (Barre, Vt.) 1897-1959, 1910-02-08
.Is,vsIes Mo,,atsys.

IN the upper cretaeenna deposits at
White cliffs, New South Wales. two
skeletons of plesiosaurlan reptiles
have been found, both of which were
completely opalige8 like the tree
trunks found N Arizona aud other
western localities III the FIRST exam.
pie 81 these ieweled monsters that
were unearthed tha color was rich
and striking The second was less
brilliant Of hue. and precious opal oc.
cnrrea only here and there Oh The
specimen. especially ia the transverse
process of tie neck The plesiosanrs
afe au extinct race of very long neck
ca creatures which swan IN ancient
seas Harner's Weekly.
The Barre daily times. (Barre, Vt.) 1897-1959, 1910-02-08

condition IF affairs exists n Barre as
The writer Of the article suggests. II
The correspondent was pinning hls firth
On more 81 less common report about
municipal life 10 general u the United
States and applying that 70 Barre, We
do not believe be was Justified. And
this we say without intending e cover
mp any intentional wrongs which may
b committed By ely officials, and with
a sincere desire % sse as clean and whole.
some a municipal life p Barre as IL is
possible % secure.
The Barre daily times. (Barre, Vt.) 1897-1959, 1910-02-08
zeaIoaleal PuxEIa.

italian biologists have puzzle to
solve. owing to the discovery 90 Mont
Blane of tile body of white bear.
which has been taken 20 Aosfa II
was thought 1t argt that the bear
AUST have died some 800 years SEQ
and must have been preserved hy the
ice. since fl has always been held that
white bears vanished from the Alps
three centuries ago, BUT 1t has since
been demonstrated that death could
have taken place only d few days pre-
vlons % discovery. AS this would
seem 10 show that there are atill white
bears Ii the Alps, expeditions are now
I'd be sent To test the theory Dundee
Advertiser.
The Barre daily times. (Barre, Vt.) 1897-1959, 1910-02-08

HtAt ~ We NNANtf @t+# fAftAHANA MfAR A@"A
Ia helpless. fls condition al present is
considered critical
4. NJ. Hubbard has gone to Boston
this week on & business trip.
Miss Emma Seymour viii 80 to Lynn,
Mas. this week for several wrecks
stay with friends
The Randolph Woman's Literary club
was entertained on saturday by Miss
Kate Howard az che home Of Mrs. 2, r,
Upham.
Bennett. the little son Of II. B. Bell.
who was very ~ Sunday, i somewhat
improved and bis condition il much more
favorable.
G. w, and Fred Hayward estimate The
lnss 70 their automobile which we're
damaged 10 the fre 81 sunday. ct 81 GOO
with no insurance.
The latest news from Hon. James
Hutchinson who met vita a serious
accident In Washington ID. O. indicates
an improvement ii bis condition.
Mrs Norman Greene was taken to
sbe sanatorium on Sunday night for
treatment. and a was expected that she
would undergo q surgical operation soon.
Misses Laura and Pauline Hutchinson,
youngest daughters of J + Hutchinson.
went - Pittsae3 40 visit their grand
parents Monday They were accompanied
81 far as Bethel By their father, J. Z.
Hutchinson.
The funeral Of Henry Corey, aged 80