davidaulloa/AmericanStories huggingface dataset:
The Dickinson press., 1910-05-07
OFFICIAL
Proceedings Of the Board of
County Commissioners of
Stark County, Nd.

Dickinson, N. D.. May End 1910.
g A. M. MONDAY, MAY z, 1910.
The board of county commissioners
convened pursuant to q notice from
Herman Leutz, chairman. for the pur-
pose of arranging with the Attorney
General to help the States Attorney in
collecting funds paid out for unauthof-
lied, warrants, also to appoint q COM
missioner for the First Commissioned
district, caused by the resignation Of d.
w. Mckenzie. @@s" sS
Present H. Leutz and A. Jopp.
A petition being On file with the audi
tor signed by 80 voters asking for the
appointment of Gus Anderson as com
missioner. of the First Commissioner
district and being the only petition on
file it was on motion duly seconded and
carried that Mr.. Anderson be appointed
commissioner of the First district.
At q special meeting held at the court
house on the End day of May, 1910,
called tor the purpose of considering the
advisability of employing counsel to
assist, the states attorney in the collec-
ton of money paid by the county on
forged and illegal warrants issued by
former Auditor J.. S. White, and the
board having said matter under on
sideration and having first advised
with States Attorney NJ. L. Mcbride,
it is moved by A. Jopp and seconded
by H. Leutz. that the firm of Miller and
Costello of Bismarck be employed to
assist the states attorney in all of the
civil cases to be brought for the collec-
ton of all said money so paid and the
states attorney is hereby instructed 10,
with the assistance of Miller and
Costello, to forthwith bring suit against
former Auditor j. S. White and his
bOndsmen and such other suits as may
arise in connection Herewith and that for
such services it is agreed that Miller
and Costello shall receive in full of
| all services rendered the sum of $500,
as retainer, actual expenses and 10
per cent of all moneys recovered. Said
retainer, however, to be applied on
per centage of money recovered and
in the event of no recovery then said
$500 retainer together with actual ex-
penses shall be in full of services
rendered. Also to assist in the defense
of all suits brought against the county
for the collection of outstanding and
unpaid unauthorized warrants. Motion
carried.
The auditor was instructed to draw a
warrant to the order of Miller and
Costello for $500 as ar etainer.
On motion duly seconded and carried
the board adjourned.
j. L. HUGHES,
County Auditor.
The Dickinson press., 1910-05-07
A HARTMAN LIVED.

Mr.. Harriman's death changed the
entire course of Wall Street history and
the trend of developments in the trans
portation field. Had he lived he would
have finished doing to the railroad situa-
tion in the East what he did to the rail-
road situation IN the west, and the
Pennsylvania Railroad would have
had a rival worthy the name. Because
of his death the East has lost ten years
of railroad development and even more
than that has been lost to the South.
How far MIR. Hartman would have pro-
ceeded in the Orient is a question. but
that he would have built the Man
churian railway and driven q trunk
line into the heart of Siberia ! firmly
believe. But his banking ambitions
would have overshadowed all else. for
Mr.. Hartman had his plans we'll laid
for the establishment of q banking insti-
tuition in Wall Street. with himself. as
president, whose deposits would have
exceeded five hundred million dollars. -
From Had Hartman Lived in the
Metropolitan Magazine for May.
The Dickinson press., 1910-05-07
BIDS WANTED

The County Commissioners Of Stark County,
N. D. will receive bids up to 10 a. m. May 16,
1910, for the construction Of two steel bridges.
viz:
One bridge over Green river on the range
line between section g. township 140, range 95
and section ], township 40. range &c.,
Also one over Heart river in section 8. town
ship 1879, range 95. The board reserves the
fcations on file at County Auditors office.
Address the undersigned and mark same
. bridge bids j. L. HUGHES,
April Is, 1910. 4303t County Auditor.
The Dickinson press., 1910-05-07
I v YEAR PROOF

Department OF the Interior U. S. Land
Office at Dickinson, N. D.. April 9. 1910.
Notice is hereby given that Seymour E.
made homestead application No. a51, Serial
No. 03920, for SEX sec. 4. twp. 40 a.. range "a
W.. 5th Principal Meridian, has filed notice Of
tablish claim to the land above described, be-
fore the Register and Receiver at Dickinson,
N. D., on the 9th day of June. 1910.
Claimant m names as witnesses: Charles {.
mann. August Stoxen, all of Taylor. N. D.
1886 S. M. FERRIS, REGISTER.
The Dickinson press., 1910-05-07
NOTICE OF EXPIRATION OF TIME OF
REDEMPTION.

CDINl lON
State of North Dakota, Office Of county
County Of Stark auditor.
10 H. Hasserud.
You will please take notice, that. the piece
or parcel, of land situate in Stark County.
North Dakota, assessed in your name for the
year 1904, and described as follows. to-wit:
Northeast quarter 90 quarter of section (3O)
thirty, township GAO one hundred forty, range
(97) ninety-seven was on the 5th day OF De-
ccember; 1905. duly sold for the unpaid taxes
for said year for the sum of six dollars and
twenty-eight cents, being the amount OF
the taxes. penalties, interest and costs due
on said land, which sum, with interest from
the date Of said sale at the rate Of
"A per cent per annum together with subse-
quent taxes thereon, amounting in all to the
sum OF seventy-three and thirty-nine one
hundredths dollars, besides the cost of this
notice, is necessary to redeem said land, and
unless you redeem the same BY the payment Of
said sum on or before the 10Th dayof July, 1910,
being the day on which the time allowed by
law for redemption will expire. a deed therefor
will issue to M. L. Ayers.
Witness my hand and official seal, this Both day
|of April 1910.
[sEALl J. L. HUGHES.
4-393t 81, County Auditor.
The Dickinson press., 1910-05-07
ISOLATED TRACT
Public Land Sale

Department of the Interior. U. S. Land
Once at Dickinson, North Dakota April l. 1910.
Notice is hereby given that, as directed by
the COMMISSIONS of the General Land office.
under provisions Of Act Of Congress approved
q. 1885, GA Stats, SID, we will offer at
public sale. to the highest bidder. at 10 o'clock
q. m. on the oath day of May. at this Offce!the
following described land: 81 swA OF sec. "A.
twp 40 n, range 95 W, serial 0875l. /
Any person claiming adversely the above
described land are advised to file their claims.
or objections. IN or before the time designated
for sale.
4-l6-6t S. M. FERRIS, Register.
The Dickinson press., 1910-05-07
FIVE YEAR O

Once at Dickinson. N. D., March Goth. 1910
Notice is hereby given. that John Drinken-
shuh Of Dickinson, ND. who, on March %, 1905
0 mSss Homestead fop wsst ha Entry w. No souf IT'S; Serial naar No.
swA, sec. 20. twp. 1S n, range Sc ". 5th
Principal Meridian. has filed notice of
intention to make Anal five year proof. to es-
fore the Register and Receiver of the
United States land office at Dickinson. N. D.,
on the Bird day of June. 1910.
Claimant names as witnesses: Frank
Splichal, Frank M. Meier, William B. Meyer,
Paul Schwindt, all of Dickinson. N. D..
4. 23-6t S. M. FERRIS, RegiSter.
The Dickinson press., 1910-05-07
U O

Department Of the Interior. O.. S. Land
Office at Dickinson. N. D., April 9Th 1910.
Notice is hereby given that Christ Grasl
made homestead application No. Os472, for
lots l, 2, Z, 8. sec. 6. twp. 40 n, range 81 W. 5th
Principal Meridian, has filed notice of intention
to a. final Communication proof. to establish
claim to the land above described. before the
Register and Receiver at Dickinson, N. D., on
the 18th day of June, 1910.
Claimant names as witnesses: Nick Wensyl,
Dominick Hilyer. Andres Hirsch, Peter Baker,
all OF Gladstone, N. D.
4-2s-et s. M. FERRIS, Register
The Dickinson press., 1910-05-07

TAKEN UP-At my place, / bay mare,
on right jaw. feet white; l.gray mare.
white hind feet, no brand. Owner -
prove property and pay charges. JULIUS
PRANS, Z miles south OF Dickinson. 4303p !
The Dickinson press., 1910-05-07
FIVE YEAR o

Department OF the Interior. Land Office at
Dickinson, N. D., April 4th, 1910.
Notice is hereby given that Joe kofier of
Dickinson, N. D., has filed notice of his inten-
ton to make final five year proof in support of
his claim, viz: homestead entry No. 272s9.
Serial No. O3362. made March 18th, 1904. tor the
Ell w1 and eh sw4 of sec. q. twp. 1879 n,
range IS w., 5th Principal Meridian. and that
said proof will be made before the Register
and Receiver at Dickinson, N. D., on June 9Th.
1910.
He names the following witnesses to prove
his continuous residence upon. and cultivation
of the land, viz: Johann Dukart, Philip Wolf,
Karl Kof1er, Michael Reisenauer, all Of Dick
insOn, N. D..
4-23.et S. M. FERRIS. Register.
The Dickinson press., 1910-05-07

Dickinson, 2 black horses-one blind-nO brand.
Owner prove property and pay charges.
4,3O,3t. W.B. MEYER, Dickinson.
The Dickinson press., 1910-05-07

SUMMONS =
COUNTY Of stark nac'' IS Tenth 1as: judicial SG"''
The Dickinson press., 1910-05-07
GA. MCFARLAND I. F.MuRTHA
MCFARLAND & MURTHA,
LAWYERS,
Practice in all Courts and u. S. Land
Office. !
OFFICES 5 to 9, RAY BLOCK.
Legal Notices.

SUMMONS
STAG eo S1 SG ct s Dakota SIS Fea Rist 5sSioi SGur'
District.
WindeldK. HoaRland. Plaintin,1
D. q. Fflkins, ana "a. al, other per.
sons unknown claiming any eS I q yrHs.so,yc
or interest In or lien or In. oo""oNo'
cumbrance upon the property!
described In the complaint.
US ~ Defendants.
State Of North Dakota to the above named
defendants:
You are hereby m to answer the
complaint IN this action, which complaint Is
filed In the Office of the clerk of the district
OF county, North Dakota, and to
serve q copy OF your answer to said complaint
on the subscriber within thirty days after the
service of this summons upon you, exclusive
Of the day Of service. and in case Of your fail
ure to appear or answer judgment will be
taken against you by default for the relief
demanded In the complaint.
Dated March "a. 1910.
~ s~s w. F. BURNETT.
Attorney for Plaintiff,
Dickinson, N. q.
To the Above Named Defendants:
Please take notice that the above entitled
action IS brought for the purpose of quieting
title to the southeast quarter of section
three (seA ofO in township one hundred forty
GAO north. range ninety-three (93) west Of the
North Dakota and the complaint in said action
on the Gath day Of March. 1910, filed in
the ONCE of the Clerk of the district
court in Stark county at = Dickinson. North
Dakota.
w. F. BURNETT.
Attorney for Plaintiff,
4-2bt Dickinson, N. D.
The daily Gate City. [volume] (Keokuk, Iowa) 1855-1916, 1910-10-18
oriainaI Notice.

State Of Iowa, Lee county-ss.
In the district court of said county.
Rosanah Hoff, plaintiff, VS. The un.
known claimants to part OF the
southeast IA of section % township 65
range 5, Lee county, Iowa, des sribed
as commencing at a point 20 rods due
north of the southeast corner of said
southeast IA; thence due north on the
section line 20 rods; thence due west
to the center of the public road run
ming through said section; thence in
a southerly direction following the
center line of said road to point ~
rods north of the south line of said
quarter section; thence east to the
place of beginning. The unknown
heirs of Stephen Hoff and the un-
known heirs of Hiram Barney.-Orfg-
inal notice.
To the above defendants: You and
each of you, are hereby notified,
that there is now on file in the clerks
office of the District Court aforesaid
at Keokul in behalf OF the above
named plaintiff, and against you and
claiming to be the owner In fes
simple, free from any claim, OF mort
gage or otherwise, Of the following
/ described real estate, to-wit: COM
mencing at point 20 rods due north
/ of the southeast corner of the south
east IA Of section % township 65
range west. thence due north on the
section line 20 rods; thence due east
to the center of the highway running
through said quarter section; thence
in a southerly direction following the
center line of said highway, to a
point 20 rods due north of the south
line of said quarter section; thence
east to the place of beginning, in Lee
county, Iowa That she is the widow
of stephen Hoff. deceased, and as
such the owner of said described land
and that in fact she was the equitable
owner of same and the said Stephen
Hoff failed to convey to her the legal
title during his lifetime.
And that unless you appear and
defend before noon of the second day
of the next regular November term OF
said court, to be begun and holden al
Keokuk on the twenty-eighth day o.
November. A. d. 1910, default will be
entered against you and decree en-
tered as prayed for in said petition.
A. l.. PARSONS.
- Attorney for Plaintiff
The daily Gate City. [volume] (Keokuk, Iowa) 1855-1916, 1910-10-18
AWAY WITH PIMPLES
Poslam Makes Quick Work Of Erup.
tons and all Surface Skin
q Troubles.

By taking small part of the skin
affected with pimples, rash, blotches,
etc., or which is unduly inflamed,
itching or chatting, and applying there
to only a small quantity of poslam, an
Immediate demonstration may be had
of the remarkable properties of this
new healing agent, and enough pos
lam for the purpose will be mailed
free of charge, upon request, by the
Emergency Laboratories, 80 West
Twenty-fifth street, New York City.
Spots SO treated are cleared and
healed in "a hours
Poslam puts stop to itching as
soon as applied, and its readiness in
healing these small surfaces is but
an indication Of it's rapid action in
the cure of all eczemas, acne, herpes,
letter. piles. BARRIERS and all other
forms of itch, scaly scalp; in short,
every surface skin affection.
Poslam is sold in two sizes (trial,
so cents; regular jars, s2) by all
druggists, particularly Wilkinson &
Co.
The daily Gate City. [volume] (Keokuk, Iowa) 1855-1916, 1910-10-18

the crime was committed prior to the
taking effect of the intermediate
sentence statute. The check which
defendant uttered as set out in the in
dictment is dated prior to the taking
effect of such statute so that regard
less of this objection, it is reasonab
ly apparent that the crime was COM
mitted before the passage of the sta
tute in question. The court could
have sentenced the defendant for a
definite term of years not exceeding
fifteen under the statute. Quite likely
such fact was overlooked by the
state court when pronouncing judg-
ment and no doubt the oversight was
occasioned by the oversight of the
prisoned.
The district court of Ees Moines
county, Iowa, pronounced judgment.
Its judgments are verify and are
final and conclusive, unless modified
or vacated by the supreme court.
The court was not sufficiently spe-
cific in the rendition of the tudg-
ment, but the prisoner made no mo-
ton to have the judgment corrected.
He did not carry his case to the SUI
preme court. His time to appeal to
the state court has long since expir-
ed After much thought and consid-
Grafton this court is of the opinion
that the recitals of the Judgment
were an irregularity and that only,
and courts setting in habeas corpus
cases do not SIT to correct irregulari-
ties, because the same can only be
corrected by motion.
1t has seemed to this court that it
is very doubtful whether the state
court intended to have the prisoner
committed to the penitentiary for the
full term of fifteen years.
1t follows that the writ of habeas
corpus must be dismissed and the
prisoner given ninety days to file 6
bill of exe option.
The daily Gate City. [volume] (Keokuk, Iowa) 1855-1916, 1910-10-18
DRAFTED RESOLUTIONS
ON DOLLIVER'S DEATH
Meetino of Citizens Last Night to
Pass Worss Of Respect Relative
to Statesman's Death.

At a meeting of citizens, called to
order at 500 o'clock p. M, on motlon
of Major w. B. Collins, A. Hollongs-
worth was chosen as chairman ana
C. A. Wright, secretary. On motlon
a committee of four, consisting OF w.
B. Collins, H. /. Sawyer, c. A. Wright
and A. Hollingsworth, was chosen TO
draft resolutions relative to the death
of Senator Dolliver. The committee
reported the following resolution:
Resolved, That it is the sense OF
this meeting that the citizens OF this
community have learned with profound
sorrow of the death of our senior Sen
ator Johnathan P. Dolliver, and con-
template with deep regret the loss
to us and to the state at large IN MS
untimely death.
Resolved, further, that we OF this
community feel particularly the loss
of one who was of special service 10
lis in procuring legislation that was
important to us in making possible
our water power development, and for
] which service we entertain for MIN
lively sense of gratitude.
Be it Further Resolved, That we
commend his brilliant and useful pub
lie career and his uniform example
of upright, intelligent and honorable
conduct throughout his public and
private life.
Be it Further Resolved, That we
express to his family our feeling OF
j profound sympathy for their irrepar
able loss.
On motion these resolutions were
adopted by unanimous vote. and the
secretary was directed to furnish
copy of same to the local newspapers
and to send copy of same to the
family of the late senator.
On motion the meeting adjourned.
A. HoLLINGsWORTH,
Affect. Chairman
G. A. WRIGHT, Secretary.
Keokuk, Ia, October 18th. 1910.
The daily Gate City. [volume] (Keokuk, Iowa) 1855-1916, 1910-10-18
Habeas Corpus Case.

Judge Mcpherson gave his decision
in very interesting habeaS corpus
case in which +. Mapes, a prisoner
in the penitentiary at Fort Madison,
sought to gain his liberty because of
an irregularity in the district court
of Des Moines county. The judge de-
MED the writ holding that court
sitting in habeas corpus case does
not sit to correct irregularities,
which should have been corrected by
motion at the time. Mapes was con-
victed of forgery and was given a
sentence not exceeding fifteen years
under the indeterminate law The
question involves the time when this
indeterminate sentence law was pass
ed by the legislature of Iowa and a
system previously in vogue at the
penitentiary which the prisoner de.
clared he got no benefit of. The opin-
ion in the case is of interest and is
given in part as follows
F. Mapes is prisoner in the r'ort
Madison, Iowa penitentiary and has
made application in this court fol
his discharge by the writ of Habeas
Corpus His conviction was under an
indictment charging him with the
The daily Gate City. [volume] (Keokuk, Iowa) 1855-1916, 1910-10-18
Mild, GENTLE LAXATIVE
FOR women GIVEN FREE

so many of the Ills of women are due
NJ naoitual constipation, probably be-
S ta OF their false modesty on the sub
s s that their attention cannot be too
tr ,oneiy called to the Importance of keep
rs rs 'ne bowels open. 1t is always impor-
tant to do that, regardless of the sex, but
especially important in women.
from the time the girl begins to mem
a ,.uate until menstruation ceases she has
thmays vastly better prospects of coming
naa aoush healthy II she watches her bowel
1--WE If you find yourself consti-
p ,on with bad breath, pimply complex
s sr, headaches, belching gas and other
t oi.a OF indigestion and constipation.
pa ne d small dose of DIR. Caldwel's Syrup
.r,epsin. 1t is woman's favorite laxa-
,v,,, GU will find that you can do away
"''i salts, strong cathartcs. etc. which
The daily Gate City. [volume] (Keokuk, Iowa) 1855-1916, 1910-10-18

crime OF uttering a forged check at
Burlington, Iowa, which check was
dated Feb 16, 1907. The judgement
of the district court of Des Moines
county was that the defendant be i'm
prisoned for not more than fifteen
years.
At the time of the commission of
said crime, there was in force and
still is in force section SOB of the
Iowa Code which provides that
| prisoner who observes the rules of
the prison shall be entitled to a dim
mutton of time, which for "a judgment
of fifteen years imprisonment would
require that prisoner only actually
serve eight years and nine months of
time.
April End, 1907. there became effec
tive the Iowa statute providing that
after July 4, 1907, with certain ex-
ceptions, that the court shall not fix
| the limit on duration of same, but
that the term Of Imprisonment shan
not exceed the maximum limit. The
statute also provides for a board of
parole consisting of three persons.
Section 10 of the statute provides
that all statutes in conflict with this
act are hereby repealed; also that
the statute shall not operate to re-
peal any of the laws then in force in
so far as they relate to persons
heretofore convicted of a crime, nor
who shall thereafter be convicted of
crime committed prior to July A.,
1907.
Under the foregoing statement of
the facts and the law the prisoner
Mapes insists that judgment pro-
nounced against him is void because
the law as applied in the judgment is
an ex post facto law as to him. He
contends that while the court could
have sentenced him for fifteen years
Imprisonment, yet that by good beha
vior and strict observance of the
rules, he could only have been i'm.
prisoned for eight years and nine
months, even though the court had
promised the maximum penalty which
he says is not probable, and quite
likely would not have been imposed
But he says that if the court had sen
fenced him for fifteen years, that he
could gain his liberty at the expira
ton of eight years and nine months
whereas under the judgment imposed
he can be and will be confined to the
penitentiary for the full term unless
released by the Board of Parole.
Three questions are permitted fol
, decision:
/ One is whether this court has the
y power, and if the power, is it the
, dut yof this court to pass upon the
, proposition here presented?
> Another is. if the court should act
is the law as appealed by the jud.
ment of the state court, an expos
a facto law? And the remaining question
! is, is the judgment void under the
terms of the indeterminate statute
n itself?
: The comfy that should exist be
tween the state and national court
is such as to require the courts o
= one system to be cautious and sloy
before interfering with the juds
Z ments and DEGREES of the courts c
the other system. The supreme cour
S. of the United States, and that couT
only, can issue writs of error to re
If wise the judgments of state tribunals
a That there is a discretion on tn
It part of national corpus cases is will
" out question.
s. In the case at bar it appears tina
The daily Gate City. [volume] (Keokuk, Iowa) 1855-1916, 1910-10-18
are entirely unsuited to womans require

are entirely unsuited to womans require
ments.
Mrs. Katherine Haberstroh of McKees
Rocks, Pa, and Mrs. A. Il. Herrick of
Wheeler, Mich, who was almost para
lyzed in her stomach and bowels, are now
cured by the use of this remedy. free
sample bottle can be obtained by address,
ing DIR. Caldwell and after you are con-
yinced of it's merits buy 1t of your drug
gist at fifty cents and one dollar bottle.
Dr.. Caldwell does not feel that the
purchase of his remedy ends his obli-
cation. He has specialized in stomach.
liver and bowel diseases for over forty
reader any advice on the subject free
of charge. All are welcome to write
him Whether for the medical advice
or the free sample address him DR..
W. B: Caldwell. SAL Caldwell building.
Monticello Ill
The daily Gate City. [volume] (Keokuk, Iowa) 1855-1916, 1910-10-18

unimpeachabIe-If you we're to see
the unequalled volume OF unim-
peachable testimony in favor OF
Hoods Sarsaparilla, you would up
braid yourself for SO long delaying
to take this effective medicine for
that blood disease from which you
are suffering.
The daily Gate City. [volume] (Keokuk, Iowa) 1855-1916, 1910-10-18
Too True.

Baby John was not allowed to have
pepper in his food, but seeing his
father putting pepper on his roast
beef, hurriedly seized the pepper box
and sprinkled 1t over his plate.
Mother" he said, I'VE eat everything
with our mouth but pepper, and we eat
that with our nose" -Delineator.
The daily Gate City. [volume] (Keokuk, Iowa) 1855-1916, 1910-10-18
E. J. MCDONALD, M.
DR.. J. EATON JOHNSTON.

DR.. J. EATON JOHNSTON.
PHYSICIAN AND SURGEON
The only physician pracucing Osts
patty in the county. The Smith
sonlan truss fitted and guaranteed.
me only truss that holds. Once
North side of Main street. third door
ABOVE Fifth. Phone 50. Residence,
Ninth and Webster. Phone 48A 2.
O. Lock Box Al. Warsaw. III.