davidaulloa/AmericanStories huggingface dataset:
Courier Democrat. (Langdon, N.D.) 1891-1920, 1911-01-12
NECESSITY OF THE LAW
is VERY APPARENT.

Having determined the constitution.
atty of the law, the next question is
it's necessity. There certainly ought
to be a responsible head to the state
government; some official that the PEG
pie might look to for the enforcement
of law and hold responsible. There is
no business concern in the state with.
out a responsible head. Every store,
every farm, every city, in fact, every
family in the state has a responsible
head; some person or officer that can
be held responsible. The mayo OF
every city has the power and the PEG.
Pile generally believe that the govern.
or has. If the state should have a re-
sponsible head, who should be the re.
sponsible head? To determine this we
should look to the constitution and
see if it in any way indicates that such
power should be given to any of the
officers. The indication is found in sec.
ton H., which say t"thes executive
power of the state is vested in the
governor" This vests in the governor
the executive power, and standing
alone it would be sufficient to indicate
that it was the intention of the con-.
stitution that the governor should be
responsible for the enforcement of the
laws Of the state. But it does not
stand alone. Section rs of the con-.
stitution says that he shall take care
that the laws be faithfully executed.
The constitution would not command
the governor to enforce the laws of
the state unless it intended that he
should have the power to obey the
command. The present law is grossly
inadequate to carry into effect the pro-
visions of the constitution and I rec.
ommend the enactment of a law Civ
ing the governor power to remove of.
ficers not liable to impeachment for
the auses mentioned in section 1877 of
the constitution.
Courier Democrat. (Langdon, N.D.) 1891-1920, 1911-01-12
WOULD INCREASE POWERS
OF THE EXECUTIVE.

'oAS az iSNolil ieludllOuS mace
to the Eleventh legislative assembly
was one for the enactment of a law
giving the governor power to remove
officers not subject to impeachment
for willful neglect OF duty. Such a
law was introduced, but failed to pass.
The opposition claimed that it would
give too much power to the governor
and that under it he would remove his
enemies and appoint his friends to
office. This reasoning has been be-
o the courts in constituting such
laws and the courts have invariably
held that the responsibility to the peo.
pie OF he officer to whom this power
is given will always prevent him from
removing an Off Ger without just cause
1t was also ~strenuously argued that
such a law would be unconstitutional
upon the theory that it would give
judicial power to an executive officer
and this argument, NO doubt, had great
influence in preventing the passage OF
the bill. This question has also been
determined by the courts and always
in favor of the constitutionality OF
the law. THE removal of an officer
is considered a quasijudicial function
and statutes authorizing removals arc
not unconstitutional as delegating ju.
dicial power" People VS.. Raymond
IN. " 129 Appellate Div. ATT; State
VS.. Wells, 210 Missouri Sol; People VS..
Chicago, 334 Illinois 41G. l have been
unable to find a single authority hold.
ing such laws unconstitutional. The
same principle was before the su.
preme court Of our w state in the
case of Kermott VS.. Bagley, 1874 North.
western Reporter 397. The druggists
permit law, under which the granting
of permits was imposed on the district
judges of the state, was construed in
this case. The claim was made that
it was unconstitutional, inasmuch as
it conferred administrative powers
upon a judicial officer, and the court
held hat while it was an administra.
tive power that the law was not I'm.
constitutional. Under this same rea,
soning the power to remove officers
must De upheld.
Courier Democrat. (Langdon, N.D.) 1891-1920, 1911-01-12

ton Of the law. This is a nonpartisan
measure and 1 hope to see it ratified
by the legislature of this great pro-
gressive state without a dissenting
vote. The ratification may be by joint
resolution signed by the governor and
certified to the secretary of state at
Washington and to the presiding Off
Ger Of each house.
There is a great movement in the
United States for uniform legislation.
Many Of the states. in fact nearly all
of them, have provided by law for
commissions to act with commission
ers of other states in drafting uniform
legislation. OF course. it is impossible
to adopt uniform legislation upon
every subject. The matter | deem of
sufficient Importance, at least, to call
your attention to it.
Courier Democrat. (Langdon, N.D.) 1891-1920, 1911-01-12

are manufactured. The report or Pru
fessors Babcock and Snyder show that
they can manufacture %briquettes, a
ton of which is equal to twelve-thir
teenths of a ton of the best anthracite
coal, for So per ton, and gas of great
value for heat, light and power. The
Ignite coal is one of the greatest re
sources that we have in this state, and
| invite your attention to the report
OF Professors Babcock and Snyder
with a view Of determining for your
selves the great Importance and value
OF the work they are doing and OF
continuing the experiments and the
development of this great
Courier Democrat. (Langdon, N.D.) 1891-1920, 1911-01-12

der which they were appointed they
have made q valuable report which
will be duly printed and placed upon
your desks, and which shows the man.
ner of handling, weighing, docking,
sampling and grading of our grains
at these terminals. 1t shows further a
tremendous loss to the grain growers
of this state and recommends as a
remedy the building of warehouses at
Minneapolis, Duluth and Superior and
at some points within our own state,
in which our wheat could and would
be handled, cleaned and conditioned
under u state inspection, and when
shipped from Il elevators, identified
as North Dakota wheat by certificate
OF inspection, would command a pre-.
MUM of from 5 to s cents per bushel
Not only does it appear that u grain
is mixed with other grains of poorer
quality, but 1t appears that our Durum
wheat is mixed with No. 1 hard and
manufactured into the best patent
flour. The remedy recommended by
the commissioners, the building OF
warehouses and elevators at Duluth,
Superior and Minneapolis and with.
in our own state, is at least in part in
conflict with section 1856 of the con.
stitution. Our state can build or lease
elevators within the state, provided
the same is authorized by a two-thirds
vote Of the people of the state as pro.
vided in section 1856 of the Gonstitu.
ton, but 1t has no authority to 60 out.
side the state for the construction Of
any such improvements without an
amendment to the constitution.
Courier Democrat. (Langdon, N.D.) 1891-1920, 1911-01-12
FAVoRs CREATION OF
TAX COMMISSIONER.

TAX COMMISSIONER.
In my message to the legislature in
1907 and again in 1909 l called atten.
ton to the necessity of amending our
that all property might be assessed
at it's actual value; that while the
present law required all property to
be assessed at its actual value, it is a,
matter of common knowledge that it
is not, and that if it were, officers
salaries based upon the assessed val.
uation would be too high and the in.
crease in the mill tax would be I'M.
necessarily ~burdensome upon the PEG.
pie, and that legislation furnishing the
machinery necessary to secure the as
sessment of property at it's actual
value would also require amendments
to the law regulating officers salaries
based upon the assessed valuation of
the property and amendments to the
mill tax. By the term mill tax, l mean,
of course, the tax levied for the main.
tenance Of our educational institu.
tions.
The platform of the dominant par.
ty in the last campaign contained a
plank in favor of providing by law
for a tax commissioner. l believe the
growth and development and enormous
increase in the taxable property in
the state in the last few years will now
warrant the legislature in providing
for a tax commissioner whose duty it
will be to look after the assessments,
see that they are just and uniform
and for full value, to assist in the col
lection Of taxes and to furnish the
state board OF equalization with all
the information necessary to enable
them to justly equalize the assess.
ment.
In reference to the capitol building,
l a only repeat my recommendations
made to the last assembly. l invite
your inspection of the building so that
you may determine for yourselves the
necessity of the improvements recon.
mended.
Courier Democrat. (Langdon, N.D.) 1891-1920, 1911-01-12
GOOD ROADS LEGISLATION
OF GREAT IMPORTANCE.

Good roads legislation is receiving
much attention throughout the differ
ent states and surely this subject is of
great Importance in an agricultural
country, where the products of the
farm must necessarily be hauled over
the country roads to the railroad. The
compilation of Mr.. Svenbjorn Johnson,
who is in charge of the legislative
reference library, of the laws of the
different states will be of great service
to you in the selection of laws for the
building of good roads. l repeat my
recommendation to the last legislative
assembly, viz, to enact a law requir-
ing all road taxes to be paid in cash
and the building of the roads to be
let by contract to contractors expert
enced in road building.
In my judgment there should be a
REIMBURSEMENT of the judicial districts
of the state. In some of the eastern
districts OF the state the business is
decreasing and there is scarcely
enough of work to keep one judge EN-
ployed, while in some of the central
and western districts of the state the
legal business has increased so that it
is impossible for a judge to keep
abreast of his work. This is espe-
cially true of the Ninth and Tenth dis
tricts.
The dairy interests have continued
to grow and develop under reasonably
liberal legislation passed by the last
assembly. 1t is of great Importance
to the state because of it's %enriching
and resting the soil, as well as for the
revenue derived from it. 1t needs
some encouragement and l hope that
you can see your way clear to at least
continue if not improve on the legis-
lation of the last assembly upon this
subject.
Courier Democrat. (Langdon, N.D.) 1891-1920, 1911-01-12
SHOULD RATIFY INCOME
TAX AMENDMENT.

Hon P. C.. Knox, secretary of state
of the United States, has certified to
the secretary of state of this state a
joint resolution proposing an amend
ment to the Constitution of the United
States providing for IN income tax.
1t is my duty to submit this resolu-
ton to you for ratification or rejec-
ton. The purpose of this amendment
is to enable congress to pass a consti-
tutional law taxing incomes, and both
of the great political parties of this
state have many times approved of
such a law in their platforms. Hence,
unless there is something objection
able in the language of the amend
ment itself, you ought, in justice to
the demands OF the people of this
state, ratify this amendment.
This amendment passed the United
States senate without a dissenting
vote and in the house there were only
fourteen against it, It is not a par
tisan measure. 1T is intended to raise
revenue by taxing the incomes of
those who are most able to pay. This
IS right, because those who have the
most property have the most protec.
Courier Democrat. (Langdon, N.D.) 1891-1920, 1911-01-12
URGES PROMPT ACTION
ON APPROPRIATION BILLS.

The official estimate Of the state
revenue for 1911-12, as made by the
state auditor, is $2,500,000. and'now at
the threshold Of your labors l ask you
to keep your appropriations within the
revenues OF the state. Introduce your
The Glenwood post., 1911-06-03
NOTICE OF PUBLIC TRUSTEES
SALE

Default having teen made by j. w
scoggln OF tho County of GARFIELD,
State of Colorado, under the terms and
conditions of the Deed Of Trust herein
after mentioned, cn tine payne 1T of the
principal and the interest on his GER
tain tvs FROM .ssory' notes payable TO
the order of j. w. Cummins, secured
by certain Deed of Trust, dated Au-
gust 3, 1910, and recorded in Book 81
at page 139 of the records of Garfield
County, Colorado, by reason of which
default, the legal holder of said notes
has demanded this foreclosure subject
to certain Deed of Trust, dated Jan
uary 9, 1908, and recorded in Book SO,
at page 149 of the records of said
County.
Now therefore, four weeks public no.
tice is hereby given that /, the under
signed. as trustee in said Deed of
Trust and under it's powers and author
ity and for the uses and purposes there
in stated, will sell at public auction
for the highest and best price the same
will bring in cash, on Thursday, the
9th day of July, A.. d. 1911, at the
hour of two o'clock p. m. of said day
at the west front door of the County
Court House, in the town of Glenwood
Springs. Garfield County. Colorado, all
the following described property, in
and by said deed conveyed, situate in
said Garfield County, towit The SEA
of the NW1A. See. IS, TIP. S, R. 95
West of the 9Th P. NJ, also the NEA
of the SW14 of Sec. is, TIP. s., R. 90.
West of the 9th P. NJ. together also with
$40 shares of stock in The Battlement
Water Storage Company; together also
with water and ditch right in and to
the "R F." ditch getting its supply
of water from Battlement Creek to the
amount of 81 cubic feet of water per
minute of time as per the decree of the
District Court.
Dated at Glenwood Springs, Colorado.
this 31st day of May, A. d. 1911.
j. A. MacRAE.
Public Trustee of Garfield County,
Colorado.
First publication June 8. 1911.
Last publication July l, 1911.
The Glenwood post., 1911-06-03

lands were listed upon the applications
of the persons mentioned below, who
have preference right subject to the
PRIOR right of any such settler, provided
such settler or applicant is qualified tC
make homestead entry and the prefer
ence right is exercised prior to July 25
1911, on which date the lands will be
subject to settlement and entry by any
qualified person. The lands are as fol
lows: The NWA of SEA of SEA of
SEA, the NH of SWA of SEA of
SEA, the SWA of SWA of SEX of
SEA. the s1s of SWA of SEA, the
E1s of sEA of SEA of swA, Sec.2
the NWA of NWA of NEA, of NEA
the Ne of NWA of NEA, the NWA
of SEA of NWA of NEA, the
NJ of SwA of NWN of NEA, the
SWA of SWA of NWA of NEA, the
E1s of NEh of NWA, the S1s of
NWH of NEA of NWA, the SwA
of NEA of NW14. the SHs of SEA of
NWA of NWA, the EH of SWA of
NV, the VIZ of SEA of NWA, the
NWA of SEA of SEA of NWA, the
NEA of SEA of NWA, Sec. IL, T. l
application of E. D. J. Stevens, of
CololduO. G-DDl. ut oIo
Of SEh of SEA of SEA, the SH of
SCI of seq, the NWA of SEA of
sEA of seq, Sec. S, the NEA of
NEl4, Sec. 8. the NWA of NWA of
NV, the S1% of NWA of NWA, the
sWh of NEA of NWA, the sEA of
NV, the We of NWA of sWA nf
NEh, the SEA of NWh of SWA of
~
Sec. 9, T. 3 s., r. 81 W.. 16O acres,
application of Eugene Keep, of Gyp-
sum, Colorado; List 1850. A tract of
16O acres within unsurveyed but what
will probably be, when surveyed, Sec.
1s, T. l N, r. sS W., described by
metes and bounds as follows: Begin
ming at corner No. l, lava stone
marked HI. whence corner No. Of
S. T. B. Hines homestead bears N.
3O0 f. IS links; extending thence S.
30o W. 30 chains; thence S. co. E. 25
chains; thence s. 800 W. chains;
thence s 6O0 E. 10 chains; thence s..
300 W. 10 chains; thence S. 600 f. 10
chains; thence N. 300 E. so chains;
thence n. 60' w. 45 chains to the
place of beginning. Variation 15o e..
Said tract was listed upon the applica-
tion of Miss Bessie A. Hines, of Blu
ford. Colorado; List 1884. The SWA
of NWA of SEh, the VIZ of SWh of
SEA, the SEA of NEA of SWA the
EKs of SEH of SWA, Sec. 80, the Eis
of NWA. the VIZ of SWA of NE1A,
Sec. 81, 7. 4 s.. r. 81 W., 100 acres,
application of John Diviney, of Gyp-
sum, Colorado; List 2-l004. s. v.
PROUDFIT, Assistant Commissioner
of the General Land Office. Approved
April %. 1911. FRANK PIERCE, First
Assistant Secretary of the Interior.
5-136-3
The Glenwood post., 1911-06-03
RESTORATION TO ENTRY OF
LANDS IN NATIONAL FOREST

Notice is hereby given that the lands
described below, embracing 32O.s3
acres, within the Battlement and Sopris
National Forests, Colorado, will be sub
ject to settlement and entry under the
provisions of the homestead laws of the
United States and the act of June IL,
1906, (34Stat., 233), at the United States
land office at Glenwood Springs, Colo
radc. on July e5, 1o11.. Any settler who
was actually and in good fiith claiming
any of said lands for agricultural pur-
poses prior to January l, 1906, and has
not abandoned same, has preference
right to make a homestead entry for
the lands actually occupied. Said
lands were listed upon the applications
of the persons mentioned below, who
have a preference right subject to the
prior right of any such settler, provided
such settler or applicant is qualified to
make homestead entry and the prefer
ence right is exercised prior to July 20,
1911, on which date the lands will be
subject to settlement and entry by any
qualified person. he lands are as fol
lows: Lots 8 and 4, the SWA of
NWA, the VIZ of sEA of NWA, Sec
5, the Nh of SEA of NEA, Sec. 6, T.
8 s., R. 90 W., 9Th P. NJ, 1908 acres,
application of Judson B. Van Cleave,
of Rifle, Colorado; List 1854. The
SWA of NWA, the SA of NWA of
NWA, the NWA of sEA of NWA'
the SHs of SEA of NWA, the SWA
of NEA of sEA of NWA. the SWh
of SWA of NEA of NWA, the N1a Of
NWA of NWN of SWA, the So of
sA of NEA, the N1a of NEA of SEh,
Sec. 81, T. g., R. SO W., 100 acres,
application of John L. Lyke, of New
Castle Colorado; List 2-S13. s. V.
PRoUDFIT, Assistant Commissioner
of the General Land Office. Approved
April 25, 1911, FRANK PIERCE, First
Assistant Secretary of the Interior.
5-13-6-3
The Glenwood post., 1911-06-03
SIIERIFF'S SALE

By virtue of an execution issued ort
of the Clerks Office of the County
Court of Garfield County and State of
Colorado, and to me directed, whereby
I am commanded to make the sum of
Four Hundred and Twenty and fiftyfour
one-hundredth Dollars, ($420.54) and
costs of suit, the amount of a certain
Judgment recently obtained against
The Glenwood Pressed Brick & Plaster
Company in favor of The South Canon
Coal Company out of the lands, tene-
ments, goods and chattels of the said
The Glenwood Pressed Brick & Plaster
Company, I have levied on the follow
ing property, to-wit.
One dry press mill, stiff mud brick
machine, dry pan or mixer and brick
carrier, / tile cutter and carrier. 6
wheel barrows, 3 brick buggies, lot
of betting and shafting, l Huston
Stanwood Gamble Engine 30 horse
power, l boiler 100 horse power, l
steam pump complete. and Hancock
Ejector.
Therefore, according to said command,
/ shall expose for sale, at Public Auc-
ton, all the right. title and interest Of
the above named The Glenwood Pressed
Brick & Plaster Company in and to the
above described property, on Monday.
the 18th day of June, 1911, at 10
o clock a. M, at the plant of the said
The Pressed Brick & Plaster Company,
near the mouth of Cattle Creek, in Gar
field County Colorado.
Dated at Glenwood Springs, this 25th
day of May, 1911.
Sheriff of Garfield County.
A. L. BEARDsLEY, Attorney.
Date of first publication May 9th, 1911
Date of last publication June 10th. 1911
The Glenwood post., 1911-06-03
NOTICE FOR PUBLICATION.

Department of the Interior, U. S.
Land Office at Glenwood Springs
Colo, May Is, 1911.
Notice is hereby given that Jasper
H. Cummins, of Sunlight, Colo, who
on March Z, 1910, made desert land en-
try serial, No. 0405s, for N 1a, NE "A, N
", NWH, and lots l, 4, S and 10, Sec
tion 90. Township 7 South, Range 80
West, 9Th Principal Meridian, has filed
notice of intention to make Final
desert land proof, to establish claim to
the land above described, before the
Register and Receiver, U. 8. Land Of
fee, at Glenwood Springs. Colo, on
the 9th day of June, 1911.
Claimant names as witnesses
John G. Huober, Clarence Moore,
Jasper W. Cummins, Edward ]. Hawk,
all of Sunlight. Colo.
E. E. FORDHAM
Register
5-2O-6-24
The Glenwood post., 1911-06-03
NOTICE FOR PUBLICATION.

Department of the Interior, U. 5.
Land Office at Glenwood Springs
Colo, May Is, 1911.
Notice is hereby given that Joseph
Miklich, of South Canon, Colo, who
on May 7th, 1906, made homestead en-
try No. 34s Ute, serial. No. 02219, for
NV u, Section 26, Township South.
Range 80 West, 9Th Principal Meridian
has filed notice of intention to make
Final five year Proof. to establish
claim to the land above described, be
fore Register and Receiver U. $. Land
Office, Glenwood Springs, Colo, on the
2sth day of June, 1911.
Claimant names as witnesses:
Martin Okraut. Vince Smarke. James
Randle, Joseph 'DeBois, all of South
Canon, Colo.
E. E. FORDHAM
Register
5-2O-6-24
The Glenwood post., 1911-06-03
A CHARMING WOMAN

is one who is lovely in face, form, mind
and temper. But it is hard for wo
man to be charming without health. A
weak. sickly woman will be nervous
and irritable. Constipation and kidney
poisons show in pimples, blotches, skin
eruptions and wretched complexion.
But Electric Bitters always prove n
godsend to women who want health.
beauty and friends. They regulate
Stomach, Liver and Kidneys, purify the
blood; give strong nerves, bright eyes,
pure breath. smooth, velvety skin, love
ly complexion and perfect health. Trv
them. soc at all druggists.
The Glenwood post., 1911-06-03
CORRESPONDENCE
EAGLE

Everybody is going fishing in Eagle
and lots of fish are being caught. This
is beginning to look like a good crop
this season for the fishermen.
Mrs. Oscar Kempf entertained the
Embroidery club on Saturday.
Mr.. Lees family are now enjoying
the new home of Mrs. Lanning, lately
Mrs. Laura Livingston's.
H. A. Hockett left on No. 8 Saturday
morning for Grand Junction. Salt Lake
City and other points in Utah, for the
purpose of buying horses.
Mr.. and Mrs. Charlie Gordon drove Mp
Brush creek Sunday.
Mr.. and Mrs. Lou Peterson were
Eagle visitors Saturday. They were
guests of Mr.. and Mrs. Frank Fox for
dinner.
Mrs. A. Lumley and Mrs. Laura Liv-
ingston left for Greeley and other
eastern slope points on Mondays out
going No. 4. Mrs. Lumley will bring
her granddaughter home from school at
Greeley and will visit in Denver, Pueb-
10 and Leadville on their way home.
Mrs. Livingston will stop in Boulder
and also in Denver.
Agent Greenland made a flying trip
to Doll's ranch last week and purchased
three fine young hogs.
Mrs. Andrew Christensen drove to
Summer camp and spent Monday.
Mr.. and Mrs. Harold Kracaw are in
their pretty new cottage. Moved in
last week.
No ball game in Eagle Sunday, and
the lads rested that day.
Miss Marian Baer returned home
Monday evening from Rifle where she
had been attending school,
Miss Lena Mather left on Mondays
No for her home in Buriette. Kan
sas, having spent two or three months
with her sister, Mrs. Wernett.
Tuesday, as Decoration day. was OBJ
served by the business men of Eagle.
The graves were very nicely decorated
by friends and relatives.
Mrs. j. W. Goodrich went to Red Cliff
on No. a Tuesday for Decoration day.
DR.. W. J. Wiley returned home Mon
day morning from salida. He says Mrs.
Wiley is doing nicely.
Mrs. A. D. Mckenzie and grandson,
Lauriston Stuart, left on No. 5 Sunday
evening for Grand Junction.
The Glenwood post., 1911-06-03

The Post gives ali the news all the
oi.a
The Glenwood post., 1911-06-03
RESTORATION TO ENTRY OF
LANDS IN NATIONAL FOREST

Notice is hereby given that the lands
described below, embracing $40 acres,
within the White River National Forest,
Colorado, will be subject to settlement
and entry and under the provisions Of
the homestead laws of the United
States and the act of June IL, 1905,
(34 Stat, 233), at the United States
land office at Glenwood Springs, Colo,
on July 25, 1911. Any settler who was
actually and in good faith claiming
any Of said lands for agricultural pur-
poses prior to January l, 1905, and has
not abandoned same, has = preference
right to make homestead entry for
the lands actually occupied. Said