davidaulloa/AmericanStories huggingface dataset:
The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1911-09-15
APPEAL FILED IN
FAMOUS CONTEST
DEPARTMENT. Is ASKED TO APP.
PLY THE SAME LAW AS IN
FORMER CASE.

Devils Lake, N. D.. Sept. l5.-Pa-
pers in the appeal OF the case OF
William Keough VS.. Peter Regain, in
volYing homestead entry No. 35,S03,
made on Aug. n. 1907 for the south
east quarter of section 24-15s-s4, were
filed yesterday afternoon at the local
United States landoffice, by Atty.
Silver Serumgard, representing the
contestant and appellant in the action.
In the assignments Of error. six spe-
cific grounds are set forth for the APP
peal, following which they are speci-
fed in detail.
In referring to the decision in favor
Of the defendant, the attorney for the
appellant in his argument says, in
part:
In so doing they forget they over
ruled two previous orders In this same
case. The only charge contained In
the affldavit Of contest Is failure 10
cultivate. On this charge the register
and receiver issued notices. II their
present contention is correct, notices
should have been refused.
But that Is not all. At the close
OF the taking OF testimony on behalf OF
the contestant, the attorneys for the
contestee interposed the usual demur.
rer to the evidence and moved to dis
miss for failure OF proof. In the final
decision of the register and receiver
is correct this motion should not have
been overruled, but sustained. In JUS
tice to all parties concerned, including
the contestant, it Is hardly fair that
this expensive litigation in which the
taking of testimony alone cost the
contestant $154.50 should be unneces-
sarily prolonged. If the view OF the
register and receiver is correct, the
case should have been stopped right
there
In giving their resume Of the ties.
timony they do not ind which side
proved its contention; who told the
truth; and what their view may have
been on the question OF whether or not
the claim in dispute is most fitted for
cultivation or for pasture and the
raising OF wild hay. The easiest thing
Tor them to do was to take the bull by
the horns and relying on the case OF
george Hathaway. dismiss the case.
That case was known to them when
the case opened without any question.
We therefore maintain that SO far SO
the register and receiver are concern
ed, their decision has no particular
weight. They have utterly failed in
exercising their chief functions, that
of making findings of fact.
"As the matter now stands the case
goes TO the commissioners Office Just
as If 1t had never been passed on by
the local office. There is absolutely
nothing in the decision Of the local
register and receiver by which the
commissioners office can be guided
The testimony is then reviewed n
detail and the decision Of the interior
department in the former case refer.
red to, The witnesses for the con.
testee are brought up for a scoring
the character Of many being shown
The department is asked to appl,
just the same law as was applied
when the land was taken away from
Thomas Keough.
The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1911-09-15
SELF MADE FARGO MAN
Valley City Patriot Tells How William
Sandy Made Fortune in
North Dakota.

Valley City Patriot: william Sandy,
now Of Fargo. formerly one OF the pi-
oneer farmers OF this county, and who
has made snug fortune farming and
who has yet big farming interests
near Wimbledon, was in the city re-
Gently en- route to the farm to see
about his threshing Sandy don't be-
lie his name, as he is endowed with
a good big measure OF sand In his
crop" The early settlers relate the
following instance: Sandy is a native
OF Canada. and even when he was d
young lad during the summer months
engaged In business for himself. But
about the time he reached his major
ify he had slight misunderstanding
with his father. and he determined to
ernigrate to the states. He made his
way out to North Dakota, and took up
a pre- emption claim and tree claim
near what later became the town of
Wimbledon. He worked about for
neighbors and ralxed together enough
money to put up claim shack and a
stable and done some breaking or his
land. One day while he was working
for ID. r. Swarthout, he saw big fire
coming toward his place. Mr.. Swart
hout owned fine horse, said to be
worth several hundred dollars. Sandy
borrowed that horse and struck out Tor
his place. Reaching the farm ne put
the horse in the stable and set about
| nghfing the prairie fire. He could not
The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1911-09-15
HlIlsboro Fair.

Hillsboro, N D., Sept. 15.-Interest
In the Trail county fair to be held
here Oct. 8, and s, has grown TO such
an extent that the fair association to-
day let the contract for the erection Of
a new general exhibit building and a
new barn. All the other buildings win
be given a coat of fresh paint and 9TH
er improvements are being made that
will put the grounds In first-class
shape. The new exhibit buildings is to
be large and of a modern style that will
add considerably to the appearance of
the grounds.
The directors are meeting daily for
the purpose Of arranging new attrac-
tions for the fair and among other
things are negotiating with an aviation
company for aeroplane flights every
day. They have also decided to name
one day as children's day and issue
complimentary tickets to all under a
certain age. The business men are
boosting to make the fair a success
and the farmers have never exhibited
q more general interest. Demands for
space In the exhibiting buildings are
being made every day and the predic-
ton is that the products of Trail coun-
ty's rich soil will make a fair not ex-
celled in this section.
The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1911-09-15
Ronn Nnllax News.

Rose valley, n. D.. Sept. Ito
The Forum: Mr. and Mrs. Mills en-
tertained sunday. sept. 3. Mr.. and
Mrs. Che Magruder. Mrs. and Mrs.
Masie and Mr.. ana Mrs. Billie Nc
Donald, were the guests.
Miss Nellie Nolan from Grandin IL
visiting with Miss RoviiIa Magruder
for a few days.
Mrs. Harry Lincoln and Miss Celes-
tine Lincoln from Fargo visited at the
Lincoln home Sept. 3.
Mrs. Walter Scott and Miss Bessie
Scott were seen in this vicinity re-
Gently.
Miss Ella witt entertained several
young people In honor Of her birthday,
Sept. 5.
The ladies' aid met with Mrs. Irving
MagrudeT last Friday They aIl re-
ported a pleasant afternoon
John Lewis from Ontario, Can, and
Mr.. Carpenter from Fargo were the
guests III Mr.. and Mrs Bliss several
days the past week
| Little Ruth Mattson was taken sud-
| denlv iii last Sunday, having ccnvul-
sione. but she Is better now
| Last Friday evening Miss Rovilla
| Magruder entertained q number 81 her
| friends az birthday party.
I The Rose Valley school opened
Sept l. Miss Minnie Davis II prssid
ling. Cor = "
The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1911-09-15
PEMBINA CASE TO
BE HEARD soon
OCT. 7 IS DATE ANNOUNCED BY
SUPREME COURT FOR NEW
HEARING.

Bismarck, N. D., Sept. lB.-The
supreme court has announced that 1T
will hear arguments on the Pembina
county seat case oct. I. The proceed
ings in this matter have kept Pembina
county people worked UP for some
time.
At an election the people Of the
county voted to remove the seat OF
government from Pembina to Cavalier.
The election was contested In the
courts and some weeks ago the SUI
preme court held the election valid.
which gave the honor to Cavalier.
Later a motion for a rehearing was
granted and the argument on the mo-
ton will come up on the date indi-
Gated above
The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1911-09-15
BOY WAS KILLED
BY lightning
HAY, HORSES, COWS AND BARNS
DESTROYED AND TWO PER-
SONS INJURED.

Langdon, N. D., Sept. 15.--wtllie
woietz. aged is years. son Of Joseph
Woletz of Easily township. was in
stantly killed by bolt Of lightning
that struck the Otto Detler barn near
Langdon late yesterday "A laborer by
the name Of Brokoff and Leonard Det-
Ter were made unconscious by the
same bolt, but have recovered. One
Of Mr.. Detlers most valuable horses
was killed, another fatally injured and
the barn set on Are. The Are was put
out before any damage was done TO
the building. In the same storm,
John Sandberg lost twelve tons Of
hay, Ambrose Ulyott q valuable horse.
George Welsh two cows. Frank Cavers
his big barn. and Joseph Crawford his
farm elevator. all by lightning. 1t
was the severest electrical storm that
ever visited Cavalier county, and
enough water fell TO delay threshins
several days.
The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1911-09-15
Efficient Service Requires
Sufficient Facilities

To meet these requirements il is
essential not only that there be at all
times sufficient cable facilities, under
one control, but that they should be
operated INTERCHANGEABLE with each
other and in close physical connec-
ton with land lines as one system.
Ample spare facilities are necessary
to provide against the very frequent
cable Interruptions.
Neither the Western Union nor any
one Of the companies of the Western
Union group has, independently of the
others, facilities enough to handle
the business which at times any one
company might be called upon TO take
care of, because of some particular
rush of business, or because Of some
cable interruption. Nor could any one
company furnish all the direct circuits
necessary for efficient service, al
though the combined facilities Of
these companies are ample if they
could be used supplementary to each
other aud INTERCHANGEABLE.
AS il is, each company operates ito
own cables through separate and dis.
tinct Offices and under separate and
distinct management. AL intcrchange
Of business is by actual transfer Of the
business from one company 20 the
other, with the consequent delay and
interruption Of q service Ia which
seconds are valuable.
The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1911-09-15
FLOYD SEEKS TO
gain HIS freedom
HABEAs CORPUS PROCEEDINGS
BROUGHT BEFORE SUPREME
COURT FOR HEARING.

Bismarck, N. D, Sept. 15.-The
habeas corpus proceedings in which
M. E. Floyd Of Darlington is attempt
ing to secure his release from the
county Jail Of Foster county, where
he is held for petty larceny. was SUBJ
mitted TO the supreme court yester-
day. The defendant contends that he
has already been placed in jeopardy
and cannot be tried again. On the
occasion in question the jury was
discharged during F1oyd's absence
from the courtroom, his attorney not
being present either.
In opposition to this claim the
state, through Assistant Attorney
General Young. contends that the
Floyd's interests have not been en-
croached upon, and also that the pro-
ceedings started are not. in fact, he
proper channel through which to OBJ
tain relief.
The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1911-09-15

Havana. N. D., sept Ito The
Forum: s. r. Ellsworth and family
went out TO their farm last Tuesday to
remain q month or six weeks.
Mrs. s. e. Ellingson entertained the
Degree of Honor last Wednesday
afternoon.
S. q. Ellingson. John corIen and
Victor Larson returned from Duluth
hospital for some time and was
to make final proof on their timber
and stone claims.
Richard Powers went to Alexandria,
Mimi. last week to visit his brother
john. who Is in a hospital there.
The art embroidery club met with
Mrs. S. e. Ellingson last Saturday
afternoon.
Nora Goltz returned from Aberdeen
last Friday where she had been in a
operated on for appendicitis.
The ladies aid Of the Congrcgati onal
church will meet at the home Of Mrs.
John Maris. Thursday Sept IA.
The girls Of the high school gave an
Ice cream social last Saturday even
ing at the Powers hall, which was well
attended and netted them a neat sum.
Proceeds il for the benefit OF the
school.
@. w. Lyle died at his home in
Canada Sept. Z. He was born In
Lewisviile, New York. in 1887. and
when young man came west to wis
consin. In 1859 he was married to Miss
Della Pickett Deceased was q pioneer
settler OF North Dakota. having come
here in the early SOS. He lived
| In this vicinity about twenty years
previous to his removal to Canada. Ht
is survived by wife and eight child.
rem. The remains were brought here
and the funeral held today from tht
| Congregational church at 10 O'clock
Rev McPeek officiating. The remains
were layed to rest In the cemeter,
northwest Of town. Cor, r.
The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1911-09-15

divert 1t and in short order 1t licked
up his house, stable and the borrowed
horse. He saved nothing except the
clothes on his back. He went back
and reported to Mr. Swarthout the loss
OF the horse. and went to work. One
day he got a letter and on opening
it found 1t was letter from his father.
enclosing draft for $50. Sandy just
put that draft back in letter and
sent 1t back to Canada. In due time
he settled with Swarthout for the
horse. After proving up on his
pre- emption he added a homestead to
his possessions, and as he prospered
he added more land until now II Is safe
to say that it will take abotu six
figures to represent his financial rating.
The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1911-09-15
|DEAf SCHOOL HAS
SAME NUMBER
ENROLMENT AT OPENING or
THE YEARS WORK THIS
WEEK FINDS VERY
LITTLE CHANGE.

Devils Lake. N. D.. sept. l5.-with
an enrolment OF about the same
number for the corresponding time
last year. the North Dakota school for
the deaf opened its fall term this
week.
Supt. ID. +. Bangs announced that
the attendance this week would be
between forty and fifty. composed to
large extent OF the younger pupils.
Older students will be delayed in some
instances until harvesting and thresh-
ing has been completed.
Everything at the school was in
fine running order and Superintend-
ent Bangs has plans for accomplish
ing much during the nine months Of
study.
The faculty Of the school now con-
sists Of sixteen instructors. OF this
number three are new, including Miss
Rhodes of Wausau, wis, formerly OF
the Illinois school for the deaf, Miss
Pimms, formerly of the Mississippi
school for the deaf. and Miss Stewart,
formerly of the Michigan school for
the deaf
The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1911-09-15

jamestown, N. D.. Sept. 15.--Night
Officer Tony cellar of the city police
department was arrested this after
noon by Chief Of Police Obermueiler
and was brought before Police Mag
istrate Murphy, charged with breach
Of the peace. Officer Cellar plead
guilty and was fined So and costs.
The offense occurred between /
and q. m. Wednesday at the cor
nef OF Fifth avenue and Front street,
when the officer was heard by sever
al witnesses using profane language
and creating a disturbance. In his
statement of the case he said that
be heard three men talking loudly
and swearing on the corner, went
over to quiet the rumpus and then be-
came a participant and lost his tenn
per. The complaint was sworn out
by c. F. Rathman. proprietor Of the
Capital hotel in front of whose hos
telry the disturbance occurred.
The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1911-09-15
FIFTY STITCHES
/. TO CLOSE WOUNDS
THREsHER AT CROSBY VICTIM
or TERRIFIC sLAsHlNG AT
HANDS OF PART
NER.

Crosby, N. D., Sept is.--Jay Smith.
a resident Of South Dakota who has
been here awaiting work during the
threshing season. was arrested on q
charge Of assault with dangerous
weapon on the person of Lem shannon
partner who accompanied him from
South Dakota. 1t is reported that both
men had been drinking and as a re-
suit OF an argument became involved
in a quarrel, Smith striking his OPP
ponent with a bottle. breaking the
same over his head and then slashing
Shannon with the broken bottle. The
injured man was hurried to the Cros-
by hospital and 1t was necessary to
take fifteen stitches TO close the
wounds. Smith was given a hearing
and was bound over to the district
court, bonds were fixed at $500, which
he was unable TO raise, so was taken
to Minot by Sheriff Nelson and lodged
In the Ward county jail to await trial
The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1911-09-15
ST. HENRY FELL
WITH BIPLANE

Red Lodge. Mont. Sept 1Bs--R. c.
St. Henry, known is Lucky Bob.
again demonstrated that hts nickname
was no nisnomer, when, with his Cur
tie bipiane Sweetheart" he fell sixty
feet escaping serious injury. The ma
chine was wrecked. st. Henry hasten
ed on to Mandan where he was billed
TO make several flights AT the fair. and
II hoping to have his machine repaired
in time to prevent the fair patrons from
being disappointed. Although he has
to walk with cane. he sustained no
more serious injuries than severe
shaking up and several bad bruises.
The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1911-09-15
The Trans Atlantic Gable
Situation and COMPETITION

The transatlantic cable situation
is as follows:
The Mackay group Of seven ca
bles, including the German cables,
owned by or worked In physical con-
nection with the telegraph lines of
that company form one system.
The French cables comprise an in
dependent system, using both the
Western Union and the Mackay land
lines for their United States connec-
ton.
In competition with these is the
Western Union group Of cables, eight
In ali, owned by three separate COM
panies, two Of which are British
companies owning FIVE Of the eight
cables.
TwO only Of the British osgnsd
cables terminate IN the United States
and all Of them are entirely Deepen
dent on the Western Union for their
connection sUith any telegraph system,
or for their reaching amp centre Of
business, and are noSg tpoFked excEu-
siUsly, 90 far as business Is concerned,
tOitk the Western Union.
The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1911-09-15
FAIR DATES IN
NORTH DAKOTA.

Sept Is. Is. Coward county fair.
Minot
sept. 20. ~. Williams county
fair, Williston.
Sept. as. ~. rs, 2s.-Richland county
fair. Wahpeton.
Sept. as. ~. as. 2s.--TAir at Beach.
Sept. 2s to oct. is.--IndsutriaI Elk
position, Bismarck.
Sept. as. 70. sO.--McHenry county
fair, Granville.
oct. 3. 4. S.--rraill county fair.
Hillsboro.
oct ). =. 6--McLeau county fair,
Underwood.
Oct. 4. 5--corn festival and exposi-
ton Lisbon.
Oct. s. s.-Burke county fair. BOW
bells.
The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1911-09-15
Efficiency Increased,
Waste Prevented

The proposed arrangement between
the Western Union, the Anglo Amer
lean and the Direct u. s. companies
will bring the eight cables of the three
companies under one operating con-
troll. The consequent increase in
effectiveness and economy viii place
the Western Union in a position to
offer certain advantages in cable
service not now enjoyed by the public.
The other way open to enable
the Western Union to make such inn
provements and introduce such new
services as IL proposes to do, would
be to lay new cables. This would
seem to be the height Of folly.
Duplication Of the existing trans
Atlantic cable facilities at cost OF
many millions, when there are more
than ample facilities for al business,
would put an unnecessary financial
burden upon an already fully burdened
business and would probably postpone
the reduction of rates or introduction
Of new services.
The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1911-09-15
SHORT COAL WEIGHT.

Dickinson Man Charged With Having
Used 5ig FIsures.
Dickinson. N. D., sept. 15.-w. c.
Cline who was arrested and later dis
missed on a charge of obtaining
money under false pretenses was re-
arrested shortly after his dismissal
on complaint OF Mrs. ]. Brown. she
alleges that she bought and paid for
a load Of coal sold to her by Cline
who claimed that Il weighed 2,76o
pounds. when 1t weighed but 1850
pounds. He was released on bonds
and will have his hearing before
Judge Folsom Saturday.
The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1911-09-15
HAD BUSY MONTH.
Bismarck LandoffIee Reversss thu
Usual condItlon IN August.

Bismarck Lapdcffice Reversss the
Usual condItlon in August.
Bismarck. N. D., Sept i5.--August,
usually the quietest month OF the
year in the United States landoffice,
is shown to have been very busy
one by the monthly report. The total
receipts for the thirty days were $1S, ;
443.11. equal to the receipts for the
month Of July. and am exceptional
amount for the eighth month.
There were fifty -four entries for
homesteads made by new farmers and
five applications for sale OF property.
One public sale was conducted at the
Office during the month and nineteen
homesteaders relinquished their
rights to prove up. Three hundred
and four proved up on their property
and were given titles, while six filed
notice Of contest.
A large number Of miscellaneous
letters and communications were an
swered, the official count being L.
eS5.
The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1911-09-15

they believed this was his proper
home.
There will bs some communication
between the officers and Mr.. Beck's
wife who lives with her mother in Ed
dy county Ia hopes that more may be
learned about the man.
The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1911-09-15
Proposed Modification OF
Existing Arrangements

A provisional modification of an
arrangement which has existed for
many years has been reached between
the Western Union Telegraph Com
pany, The Angio-American Cable
Company and the Direct U. s. Cable
Company, under which the cable sys-
TENS of these companies now worked
exclusively in business connection
with each other, but operated and
maintained separately, will be cpcr-
afed in direct physical connection
with each other and with the Western
Union land system.
Two objects are to be attained by
this arrangement:
First, more efficient and scono1si-
cal operation.
Second, the infroduction Of nelO
forms Of seTvice to the advantage Of
che pubic.
The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1911-09-15

be obtained, demand direct cable cir.
cults between principal centres Of the
two sides Of the Atlantic, as well as
special circuits devoted to special
business.
The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1911-09-15

AZ At present carried on, the trans.
Atlantic cable business is practically
all fash service, l. &. instantaneous.
Owing TO the difference in time, there
are only few business hours Of the
day common TO both sides and during
these hours At least 7S% Of the cable
business is done. This is demon
strated by the accompanying chart.
In the interests OF international
business nothing should be donc TO
interfere in any way with the so-caiied
fash or instantaneous service, and
the lines should be kept clear to &C.
commodate such messages during the
few business hours common TO both
countries; but to continue to confine
the cables 70 this class OF service, as
at present, viii utilize only about 25%
Of the existing capacity Of millions Of
property and places on that limited
service all the capital, maintenance
and operating charges.
The limited time and the character
Of the business, If best results are 70
THE WESTERN UNION
New York. Sent. lSt. 1871.
The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1911-09-15
Daily and Weekend
Gable Letters

So soon as the proposed rrramRa-
nsenf goes into effect. tho W@es-rr
Union purposes, Ipith the sapnsens al
she British Post Office Department.
to Introduce at LEAST tzOo neSp keGtuYes
or services in addition to che proDosad
deferred rnfe--ths
DAILY CABLE LETTER
The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1911-09-15
and fhn

WEEK END CABLE LETTER
at a peEy lou rate for cable service
cnly. This EDiN enable the pubic to
saDe the six to eight d1ys consumed n
the tvnns- Atlantic passage Of nsails.
The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1911-09-15
Guide 10 NORTH D@AsOsa's Leading |
| Real Estate Brokers'
THIe IN TIts "a These Cuts. tnd@ig Rsiauus
Mlrot

INTERSTATE LAND co.-Writs us.
Irrigated and non-irrigated tracts adj
Joining Calgary, the Chicago OF Canada.