davidaulloa/AmericanStories huggingface dataset:
The Redwood gazette. [volume] (Redwood Falls, Minn.) 1873-1940, 1911-04-18
COURT
IS REVERSED
judge Olsen Hands Down De-
cision in Favor of Verne
Baldwin.

Last Wednesday Judge [. M. Oh
sen Of the district court reversed
the decision of the lower court in
the case of the State against Verne
Baldwin, the wholesale liquor dealer,
who was convicted in the municipal
court in this city on Jan. 31st last,
for the violation of city ordinance
prohibiting the sale of intoxicating
liquor within the city. The defend
ant was sentenced to pay a fine of
SIS or spend term of rs days in the
county Jail. Following is the ruling:
By agreement of counsel the case
was argued before the court at
chambers, Messrs. Davis & Michel
appeared as attorney for the defend
ant and A. C. Dolliff, Esq.,, appeared
as attorney for the City Of Redwood
Falls.
Now after due consideration of
the record in this case returned by
said Municipal court to this court,
and hearing and considering the ar
guments of the respective counsel.
1t is ordered, that the judgement
of the Municipal Court Of the City
of Redwood Falls, made and entered
on the 31st day of January, 1911,
adjudging the defendant guilty and
sentencing him to pay fine of SIS
and costs in default of such payment
to be confined in the county Jail for
the term of rs days. which is the
judgment herein appealed from be,
and the same hereby is reversed and
the defendant and the sureties on
his appeal bond are hereby dis
charged from further liability in
this action.
Let judgment be so entered,
Dated April II, 1911.
|. M. OLSEN,
Judge of District Court.
The Redwood gazette. [volume] (Redwood Falls, Minn.) 1873-1940, 1911-04-18
TWO FORMER RESIDENTS PASS AWAY.
thomas Mcmillan at Minneapolis and
Henry kahIer at Granite Falls.
CAPTAIN THOMAS NC MILAN.


Captain Thomas Mcmillan. the
first commandant of the Minnesota
Soldiers Home, passed away at his
residence at 2412 18th Ave. South,
Minneapolis, at $50 o'clock last
Wednesday night.
Captain Mcmillan has been suffer-
ing for many years from trouble
contracted while in the army and his
death was due to a complication o f
these troubles.
Thomas Mcmillan was born in
lower Canada. January 10th, 1884.
In 1856 he moved to Wisconsin where
he was engaged in numbering until
1862 when he enlisted in the 9th
Wisconsin infantry. During the
Civil War he was promoted from
second to first lieutenant, and mus
tered out in that official capacity in
1865.
Shortly after retiring from the
service he moved to Redwood coun-
ty, when he engaged in farming for
a few years after which he took up
The Redwood gazette. [volume] (Redwood Falls, Minn.) 1873-1940, 1911-04-18
RAMSEY PARK
IS ASSURED
The Bill Has Passed Both the
Senate and House With
But Little Opposition.

A phone message was received in
this city last Saturday that the Ram
sey Park bill had passed both houses
and the park is now assured, there
being but one dissenting vote in the
Senate and ten in the House. The bill
carries with it an appropriation of
$4,000 for the purchase of the ground
and for improvements. The pro-
posed park will contain the land
owned by the Riheldaffer estate ly-
ing adjacent to the O. B. Turrell
place and running west to take in
the Ramsey falls, containing be-
between sixty and eighty acres in
all. 1t is expected that work will
begin on the improvements within
a month or six weeks, and the park
should be in good shape to be en-
joyed by our people this summer.
This is one of the improvements
that Redwood Falls has been sorely
in need of, for of all the pretty and
picturesque places in and around the
city we have no real good park, one
that our people can feel proud of
and one where they can go and en-
joy themselves to the fullest extent.
We are indeed fortunate in get
ting this appropriation and Senator
Clague and Representative Keefe
and other active workers should re-
ceive vote of thanks for the work
they haYe done in procuring the
same.
The Redwood gazette. [volume] (Redwood Falls, Minn.) 1873-1940, 1911-04-18
MEMORANDA

In view of the beneficial nat
ure of the ordinance in question
and the admitted evil which it
seekes to remedy. I have care
fully considered the charter pro-
visions and the laws and decis-
ions Of the question presented,
in an effort to sustain the con-
viction in this case.
THE courts, however, have no
power to add to or take from the
law, but may only construe the
law and apply it as it stands.
"The ordinance prohibits the
sale of intoxicating liquors in any
quantity. The complaint and evil
dence in the case show a sale of
Intoxicating liquor in a quantity
of more than five gallons; so far
as the complaint and evidence
show a single tranfaction and
purely commercial The exact
question then is does the council
of the city of Redwood Falls,
under it's charter, have the pow
er to prohibit the sale of intoxi-
eating liquor in greater guam
tity that five gallons, as "a COM
mercial transaction, within the
city.
THE charter of the city grants
power to it's council, specifically,
to license all persons dealing in
intoxicating liquor, and to desig-
nate the place and conditions
upon which such liquor may be
sold. Provided the license fee
shall not be less than the mini
mum sum allowed by state law,
and that licenses shall begin and
terminate at a certain time and
shall be for a term of not less
than one year.
1t further grants power to
the council, specifically, to re-
strain any person from selling
without a license.
The powers SO specifically
granted are the usual powers
The Redwood gazette. [volume] (Redwood Falls, Minn.) 1873-1940, 1911-04-18
HENRY KAHLER.

Granite Falls Journal:
Our people were greatly surprised
to learn Sunday morning that Mr..
Henry Kahler had died at 10 o'clock
the evening previous. Few knew
theeold gentleman was sick, but he
had been confined to his bed for
about week. He was u years OF
age, and was we'll known to nearly
every travelling man in the state.
Mr.. Kahler was born in Germany
on the 9Th of May, 1889. At the age
of two years he came with his par
ents to Ontario, where he grew up
to manhood, received his education
and started in business life.
On June 18th, 1861, he was mar
ried to Miss Emilia Ellsworth. Their
long married life would have reached
its 50th anniversary this year, and it
was the hope of Mr.. Kahler to live
long enough to celebrate his golden
wedding. Mr.. and Mrs. Kahler
spent 10 years in Worthwhile, Mich,
after which period they moved to
Minnesota. Mr.. Kahler has been
successfully engaged in the hotel
business in several towns of this
state. He was for three years pro-
prietor of hotel at Dundas. Twelve
years were spent in the same BUSH
ness at Mortified. For a time he
run hosiery at Redwood Falls.
His health was rather poor during
the last five years of his life, and
because of this and an advanced age
he withdrew from active life. About
year ago he came with his wife to
Granite Falls. where they have made
their home at the Winter hotel with
their son, Roy E. Kahler. His last
illness confined him to bed for about
a week. He died peacefully Satur-
day night. April 9Th, Bright's dis
ease being the cause of his death.
He leaves wife and four sons to
mourn him. The sons are: John H.
Kahler, William Kahler. George and
Roy E. Kahler. The funeral services
were conducted from the hotel Mon
day noon. three of his sons being
present. the absent one is now sail
ing for Europe.
Most beautiful floral offerings
covered the casket, being tokens Of
love and respect from many friends.
Rev. G. Melby conducted the SER
vices. assisted by the choir: Misses
Hazel and Esther Larson. William
Kramer and B. E. Smith.
The remains were taken to North
field for interment. Thus closes a
long and useful life, whose chief
characteristic was a genial good will
to all men.
The Redwood gazette. [volume] (Redwood Falls, Minn.) 1873-1940, 1911-04-18
Land Agent Wanted.

We want an honest, energetic, ex-
perienced resident agent in Red
wood county to sell our high grade,
selected WHEAT LANDS in SAS-
KATCHEWAN on commission and
expense basis. Do not reply to this
unless you have the above qualifica-
tons. Godard-McCann Land Co.,
704 Plymouth Bldg. Minneapolis.
MINI. 1t
The Redwood gazette. [volume] (Redwood Falls, Minn.) 1873-1940, 1911-04-18

his residence in this city and en-
gagged in the livery business.
In 1878 in connection with Fisher
G. Shaver, resident of Redwood
Falls. Mr.. Mcmillan commenced the
introduction of blooded draft horses
in southwest Minnesota, the two be-
ing the first to engage in that ex-
pensive enterprise.
He was sheriff of Redwood county
for FIVE years. and about 1884 he
The Redwood gazette. [volume] (Redwood Falls, Minn.) 1873-1940, 1911-04-18

moved to a farm near Candy in
Yellow Medicine county. He was
elected a member Of the Minnesota
legislature in 1885 from the 18th dis
trict, composed Of Lincoln, Lyon
and Yellow Medicine counties. When
the following legislature enacted a
law providing for the establishment
and erection of home for the old
soldiers Mr.. Mcmillan became a
candidate for commandant and re-
ceived practically the unanimous
vote of the board for that position.
He continued to serve in that capa-
city for twelve or more years, after
which he retired and took up his res
idence at the above address.
He was married in 1867 to Lydia
B. Malone and they are the parents
of four children. All the them, to-
gether with the widow survive the
deceased comrade. The children
are Mrs. Flora B. Bolt, wife Of DIR.
N. w. Bolt of Dodge Center, Mrs.
Fred L. Warner of Redwood Falls,
Chas. J. Mcmillan, residing in Idaho
and Mrs. Minnie May Cutterson of
Minneapolis.
The funeral was held in Minneapo-
lis Saturday, interment being made
in Lakewood cemetery.
The Redwood gazette. [volume] (Redwood Falls, Minn.) 1873-1940, 1911-04-18


reference to the retail liquor
business. These specific powers
clearly relate to and prescribe
the powers of the council in re-
ference to the licensing, regula-
ton and restraint of the ordi-
nary retail or saloon business.
The charter further provides,
that in addition to the powers
therein specifically granted the
council shall have full power and
authority to make such ordin-
ances as they shall deem expedi-
ent for the suppression of vice
and intemperance and the pre-
vention of crime, and to enforce
the same, provided they are not
repugnant to the constitution
and laws of the United States or
of this state.
There being no specific author
ity in the charter to prohibit
the sale of liquor in quantity Of
more than five gollons, or at
wholesale, the question then
arises, does the last mentioned
general clause of the charter
grant power to the council to
prohibit such sale.
The question is answered in
the negative.
First, because the specific
grants of power in the charter,
granting power to license and
regulate the retail liquor bust
ness and to restrain sales at re-
tail without a license. defines the
exact scope and authority of the
council over the subject of the
sale of intoxicating liquor, and
indicates an intent on the part of
the legislature to limit the power
of the council to the matter so
specified.
Whenever specific powers are
granted in a charter in reference
to a given subject, the general
clause of the character is then
limited by the specifications
and no other or greater power is
granted over the subject than
that specified.
If the general grant with
which the section begins seems
larger over a given subject than
the subsequent specification
treating Of that particular SUBJ
ject would justify, the latter
must prevail"
State VS.. Hammond 40 Mimi.
43.
St. Paul VS.. TRACER Is MINI.
248.
City of Redwing vs.. Ry. c., u
Mimi. 240.
Second, It seems clear that the
legislature, in granting the char
ter to the city Of Redwood Falls
did not intend to grant to the
city power to prohibit the sale Of
intoxicating liquor in greater
quantity than five gallons, in or
binary commercial transactions.
In other words, neither by ex-
press grant nor by necessary inn
plication did the state confer
such power.
Authority in a municipality to
legislate must be either expressly
conferred by the legislature or
else necessarily implied from the
legislative enactment.
State ex rel FarnsWorth v Mu-
nicipal Court 80, Mimi. 329.
st. Paul v Briggs, IS Mimi. 290.
The granting Of the charter and
the general powers in the charter
no doubt grants to the city the or
binary and necessary police power
incident to its existence as a city of
the fourth class. In determining
the extent of the powers SO granted
over any given subject. the intent
of the legislature, the general policy
of the state and its general laws
in force at the time the charter was
granted should be considered.
The charter of the city of Red
The Redwood gazette. [volume] (Redwood Falls, Minn.) 1873-1940, 1911-04-18

Relative to the recall the former
president intimated he believed in the
recall, but stated positively it should
not apply to the judiciary. The house
has passed two recall bills, one of
them originating in the house and the
other introduced by Senator Moonan
in the senate. As amended by the
house both apply to the judiciary, so
The Redwood gazette. [volume] (Redwood Falls, Minn.) 1873-1940, 1911-04-18

Last page
Edgefield advertiser. [volume] (Edgefield, S.C.) 1836-current, 1911-02-15
Don't Set Out Seeding Trees.

An agent tells me that the only
way to get long-lived trees is to
plant seedlings, that the budded or
grated trees fail soon and gum, ,and
the gum runs down on the roots and
kills them" Planting Seeding trees
will result in all sorts of fruit, and
most of it very inferior. When a
man plants an-orchard of peaches or
apples, or any other sort of fruit,
he wants to know what he will get,
and the only way to get the best
sorts is to plant budded or grated
trees. A peach tree gums because
there are borers in the roots, and
there will be as many in a Seeding
tree as in a budded one, and, of
course, they will kill the roots if
not taken out. Any man who tries
to sell you Seeding trees is a fraud
and does not know anything about
fruit culture. Progressive Farmer.
Edgefield advertiser. [volume] (Edgefield, S.C.) 1836-current, 1911-02-15
Successful and Happy Occasion.

The reception at the Baptist par
sonage on Friday afternoon was a
perfect success and was attended by
about four hundred guests. From
the appointed hour at four o'clock
till ten O'Clock in the evening there
was continual stream of people, of
every age, and not only Baptists but
friends of the other denominations
who came and passed pleasant greet
ings. Beautiful music added pleas
ure and happiness to the occasion.
Three rooms were open to the
guests. In the hall a large basket
held the envelopes in which were
deposited the contributions for the
pipe organ fund, which amounted
to one hundred and sixty dollars. In
the parlor while sweet music
filled the air, DR.. and Mrs. Burts re-
ceived the guests. In the dining room
adjoining, salad course and coffee
was served by bsvy of beautiful
girls. From there they repaired to
the room in whichE fruit punch was
found to refresh before bidding
adieu to so unique and delightful
an occasion.
Edgefield advertiser. [volume] (Edgefield, S.C.) 1836-current, 1911-02-15
Those Received.

Al; murder and carrying concealed
weapons, 5; manslaughter, 80; as
sault and battery with intent to
kill, l5; rape, 4; assault and battery
with intent to kill and carrying con-
cealed weapons, 6; assault and bat
terry, I; resisting an officer, 4; big
amy, 4; attempt to rape, 3; assault
and battery of a high and aggra-
yated nature, 6; breach of trust, 8;
assault with intent to ravish, 5; car
rying concealed weapons, 8, and
burglary 6. There were l42 prison
ers for crimes committed against
persons and 81 for crimes commit
ted against property.
Health of Conyicts.
A most interesting report is given
on the health of the convicts. There
were no epidemics during the year.
The number of cases treated in the
different wards of the hospitals were
l,l43. There were SO cases of tu-
berculosis treated. Only four cases
were lost. The mortality of the
disease was reduced during the year.
Of the cases treated there were 465
cases of malaria and Is cases of
beri beri, all of which recovered
with the exception of two.
The Table.
Tie following table shows the
number of pris oners received from
each county in the State:
Abbeville, g; Anderson, 6; Aiken,
9; Bamberg, 2; Berkeley, 1; Beau
fort, 2; Barnwell, s; Calhoun, 2;
Charleston, So; Chester, 8; Ches-
terfeld, :; Cherokee, Q; Clarendon,
l; Colleton, 2; Dorchester, 8; Oar
lington, 6; Edgefeld, l Fairfield, 2;
Florence, Z; Georgetown, 9; Green
wood, l3; Greenville, 6; Hampton,
8; Horny, L; Kershaw, IL; Lancas-
ter, 2; Lee, 8; Lexington, I; Laur-
ems, 5; Marion, 8; Marlboro, a;
Newberry, A; Oconee, Z; Orange
burg, 6; Pickens, l; Richland, 10;
Saluda, 4; Sumter, 8; S'partanburg,
Z; Union, 1; Williamsburg, 3;York,
Z. Total, 239.-The State.
Edgefield advertiser. [volume] (Edgefield, S.C.) 1836-current, 1911-02-15
Sees With Glass Eye.

One of the most remarkable sur
gical operations ever performed was
that upon DR.. William Copley Win
slow, noted archeologist, historical
writer and minister of the Protes-
ant Episcopal Church. The opera
tion involved the placing of glass
lens, in the eyebail, which enabled
him to see almost as clearly as with
the natural eye. Four years ago
last October DR.. Winslow felt his
eyesight failing. He was delivering
lecture from manuscript and his
notes began to dance so that he
could not distinguish them. Cata-
racts were found over both eyes and
their removal did not restore his
sight. DR.. Frederick Spalding of
Boston, where DR.. Winslow lives,
made an incision in the eye far
above the lid. With great Difficult.
ty he put an antiseptic dressing in
the wound and kept a bandage over
his eyes for twenty-five days. When
the wound had healed the surgeon
Inserted glass lens, and through il
Edgefield advertiser. [volume] (Edgefield, S.C.) 1836-current, 1911-02-15
DR.. Burts' Farewell Sermon.

Sunday morning the Baptist
church was as full as the capacity
would allow, reminding one of the
commencement season. Carriages
and buggies surrounded the church
long before the time for service, the
congregation seeking for the last
time to listen to- the words of wis
dom and counsel as well as farewell
of their retiring pastor DR.. G. E.
Burts.
DR.. Burts had in the audience mem
bers of his own congregation as well
as many of other denominations and
the country churches. His text was:
BE ye steadfast, immovable, al
ways abounding in the work of the
Lord, inasmuch as ye know your
labor is not in vain in the Lord. !"
At the conclusion of the sermon DR..
Burts made a few remarks on the
pleasant relationship which he had
borne to the church during the 8
years of his ministry in Edgefeld,
and announced that his resignation
had beens accepted on Wednesday
evening at the time of the regular
prayer meeting. This farewell SER
v;na .--- -,o+Lo+;n IN NOW
Edgefield advertiser. [volume] (Edgefield, S.C.) 1836-current, 1911-02-15
Box Party at College.

On Friday evening at 8 o'clock
the young people of Edgefeld are
invited to come to the college audi
torium where a most interesting en-
tertainment will be provided. There
will be concert of wind instru-
ments trombone and cornet in
which Mr.. Royal V. Bidez, Rev. P.
P. Blalock and others will take
part, and to which ten cents admis-
sion will be charged. There will al
so be several humorous recitations.
The young ladies of the town and
S. G. C. /. have been invited to
bring boxes which contain delight
full eatables of their own make, and
these will be sold for the benefit of
the Civic League. There will be no
charge for admission to those who
bring boxes. A large crowd is ex-
pected.
Edgefield advertiser. [volume] (Edgefield, S.C.) 1836-current, 1911-02-15
Don't Go Back to the Farm
Stay There.

(" Back to the farm is futile, be-
cause only failures come back, but
Stick to the farm is good, because
all that is or can be springs from
the SOIL" This sentence, attributed
by Harper's Weekly to Theodore
N. Vail, president of the great tele-
graph and telephone consolidation,
may not be absolutely true in every
case, but in it's general meaning it
is. The men needed on the farm
are not the derelicts or the drifters,
but those able to guide their own
course, 1t may be a good thing
to bring boys and men from the
towns out to the farm; but it is
far finer and more valuable thing
to train the young men now grow
ing up in the country so tha. they
will love the farm and make it pay,
to educate them for leadership in
the great work of re-making our
rural life. The story of the coun-
try boy who went to the city and
made great success has been told
q thousand times; let us show the
strong, energetic country boy that
he can make just as great a success
in the country. When we do this
these boys, born to be leaders of
men, will not feel that they must go
to town to seek their fortune, and
country life will be finer and better
than we have ever dreamed. What
is your community doing to make
its brightest boys and girls stick to
the farm.-Progressive Farmer.
Edgefield advertiser. [volume] (Edgefield, S.C.) 1836-current, 1911-02-15
Farm Opportunities of Today

1t may be there is opportunity
wide and unexampled lying stretch
ed out in every section of the South,
and while we believe that there is a
good living for everybody still man
owes the world greater duty than
just to dig up what may be found
necessary in the course of life. He
who lives and dies on a farm and
leaves it no better than he found it
is not much of benefactor to the
upbuilding of the world, and the
fellow who robs earth of its virgin
qualities and puts nothing back is a
vandal in the eyes of nature.
But it must be admitted that this
is true in numberless instances. We
hear a lot about the abandoned and
worn-out farms of the South, but in
reality tits due to species of van
dalism that prevails in nearly every
section of the country. There seems
to be no way to eradicate this
trouble but by just keeping ham,
mering at the perpetrators of the
deeds and possibly they may grad
ually cease.
There is another cause which may
eventually contribute to the work,
and that is the continual destruction
of the forest and consequently less
acreage of virgin soil. Some time
it will be a case of necessity for the
farmers of the future to take up the
old abandoned tracts of land and
restore them to their old fertility.
tits good thing for the South that
nearly all the land can be treated in
this style for there are really no
worn-out farms in the country. 1t
is all a case of mere abandonment.
However, now is the opportune
time for the Southern farmers to
get together and solve the troubles
that seem to be effecting the whole
country. The farmer who takes up
system of farming that will pro-
duce what he needs at home will
be following one of the best ideas
that it is possible to advance. There
may be measures of science applied
with benefit but the crons that can
Edgefield advertiser. [volume] (Edgefield, S.C.) 1836-current, 1911-02-15

the farmer has, and it is partly his
fault if he overlooks the measure.
There may be some other things
that look more attractive tethe av-
erage man than farming, but if you
want to live a life worth the living,
then stick to the farm through thick
and thin, and res ults will be sure to
come.
There are many openings in in
dustrial and commercial ways in
the South now, it must be admitted,
but to every one of them there are
dozen in farming for the fellow
who will settle down and stick to
the work.