davidaulloa/AmericanStories huggingface dataset:
Pine Bluff daily graphic. (Pine Bluff, Ark.) 1893-1942, 1911-08-26
IiNEMtN KING ELECTROCUTED
On POLE AND HUNDREDS VIEW
TIE GREENSBORO SIGHT.
FALLEN WIRE CAUSE
Was Room Mate OF Man Who Met Sim.
liar Fate Two Weeks Ago
In This City.

For nearly an hour yesterday after.
o'clock, the lifeless body of Winford
King, a lineman for the Southwestern
Telegraph and Telephone Company,
who was electroeuted while stringing
wires for his company at West Sixth
avenue and Elm street, was suspend
ed i'll mid air, at the top Of telephone
pole, until members of the Fire Depart
ment were called and lifted the body
to earth.
II was a grewsome sight and hum
dreds OF Pine Bluffians stood by I'M
able to render any aid to the man,
whose life they thought was gradually
carried out, although il was evident
after the body was viewed by physi-
Clans chat death was instant Drs O. G.
blackwell, W. S. Stewart and J. L.
Magce worked with the body for some
time in an effort TO revive any life
that might remain within it, but they
finally gave UP hopes and the body
WAS removed 10 the undertaking es-
tablishuent Of Ralph Robinson. It was
shipped carly this morning to his old
home, Blaekford, Ky, for interment.
His aged father, g. IL. King, will re-
cciTc tae body al that place Sunday
morning
King was i roommate of Floyd
ploye and lineman who was electro
euted two weeks ago at a point within
a few blocks of the horrible scene OF
yesterday and the electrocuton of the
two men was practically within the
same hour of the afternoon. King, at
his boarding house Thursday even
ing, occupied the same chair at the
table that was occupied by Young
Gardner the evening before he met
his death. They lived at No. 419
East Sixth avenue, with J. r. King,
an uncle of the deceased.
Kings safety belt was around the
pole upon which he was working He
was preparing to string a new drop
wire from the pole to nearby resi-
dence, to replace fallen one. He had
been asked by Foreman Harry Harvey
if he was ready and replied that he
was. At about the same time the re-
ply came King screamed and was seen
to fall back from the pole. His belt
caught in a bracket which held him in
midair.
The telephone wire, which King
was handling, in some manner came
in contact with live wire of the Citi-
zens Light and Transit Company In an
alley one block from the scene of the
accident. 1t was charged with 1890
volts and these passed through Kings
body, killing him instantly. Fire lad
ders had to be used to remove the
body from its position.
City Inspector Jack Troxel stated
yesterday that he inspected the wires
and found that telephone wire had
fallen upon wire of the Transit
Company, sending the current into the
telephone wire This is, in his opin-
ion, what caused the accident.
King went to work on the local
lines yesterday at noon, having re-
quested the management here to give
him employment in the city. He had
been at work about an hour when he
met his death. He was formerly en-
ployed on the long distance lines In
this section of the state and worked
for the company nearly year.
The deceased was % years old and
was unmarried He was member OF
the Masonic lodge of Blackford, KY.
Ia uac axccadinglx napular with all
Pine Bluff daily graphic. (Pine Bluff, Ark.) 1893-1942, 1911-08-26

jeff Hicks has returned from a
business trip to Little Rock.
Pine Bluff daily graphic. (Pine Bluff, Ark.) 1893-1942, 1911-08-26
COLUMBUS RACES
POSTPONED, RAIN

Columbus, Ohio, Aug. PA heavy
rainfall today caused not only the
postponement of today's races but the
complete abandonment of the remain
der of the meeting as there is no
chance to race tomorrow. Five races,
including the Madden Sweepstake, was
thus called off, in spite of the Off
Gals claim that the meeting was a
success.
Pine Bluff daily graphic. (Pine Bluff, Ark.) 1893-1942, 1911-08-26
UMBRELLAS RECOVERED AND RE.
PAIRED

If you want a neat Job on you'
umbrella. 4O2 West Second avenue :
the place.
/. GLICKSBERG.
The Umbrella Man.
Ouposite Telephone Once.
Pine Bluff daily graphic. (Pine Bluff, Ark.) 1893-1942, 1911-08-26
NITTEE Is MEET
ING WITH GREAT SUCCESS IN
nISpOSiNG OF TICKETS.
TO END WORK TODAY
Continue TO Meet With announcement
One Hundred and Ten Tickets
Sold Friday.

One hundred and ten dollars was
added to the aeroplane flight fund
yesterday by the special committee,
composed Of Sheriff Edgar Brewster,
Secretary w. e. e. Koepler, OF the
Board of Trade, aud Minor q. Wood
ward, who were named several days
ago to raise $500 to enable the Board
of Trade and other commercial bodies
to accept the proposition of Captain A.
f. w. Macmanus to give exhibition
| flights in this city on White Way Day
September ID,
The committee succeeded in dispos-
ing of 10 tickets, which will enttle
the holders to grandstand seats at
Forest Park during the flight and also
entrance to the hangar for an inspec-
ton of the Macmanus aeroplane,
which is being built and has been
practically completed in the hangar at
Tenth avenue and Plum street.
The committee raised $3.50 of the
required amount on Thursday, bring
ing the total up to $3.50 on yesterday
The soliciting committee expects to
secure the balance of $140 today. They
received no turn downs yesterday,
but We're encouraged on every hand.
The following is the present standing
of the work of the committee:
Previously acknowledged ....... $3.50
Cotton Belt Savings and r. Co. :. 10
l.. & f. Wertheimer ....... 10
Senyard and Company .......... 10
Fox Bros. Hardware Co. .. 10
J. b. Speers & Co. ........... 10
Hicks Ice Company ............ 10
Home Insurance Agency ...... 5
w. e. Mullikin .............. ,
Claud Clegg & Co. .......... )
Central Pharmacy ............. 5
Galbraith Supply Co. -. 3
Pine Bluff Brick Co. ............ 3
j Alexander Brothers ........... 5
d. w. Richey Observation-Disclosures. D
Mead-Hudson Company ....... 5
DR.. A. c. Jordan ...,...... 5
Subscribed yesterday $40
: Previous subscriptions .......... 250
lOlAL ................ .@ooo
Pine Bluff daily graphic. (Pine Bluff, Ark.) 1893-1942, 1911-08-26

WANTED-100 pair Shoes sewed
half soles at Is cents per pair. This
price for 60 days only. Come to see
NEED Wallis, 20s West Barraque.
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1911-06-06

lATHOMPSON, N. D.-The most sue
eSessful district convention the w. C..
| +. U. of Grand Forks and .'elson
counties ever held will come to a
close here this evening.
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1911-06-06
A Terrifying Hat.

When the French artist Benjamin.
Constant was travelling in Morocco he
was invited by the sultan to present
himself at court at F'ez The painters
first thought was in regard to his cos
tune. Court" in Europe was one
thing; in Morocco 1t was likely TO
prove something different. There was
nothing to do. however. but to wear
his ordinary evening clothes. He was
ignorant Of the fact that the MOors
look upon black garments as very vul-
car. and 1t was only after his arrival
that he learned his mistake. The
courtiers smiled openly: worst OF all.
they sneered. The painter was a man
OF hasty temper. and suddenly. net
led by their insolence. he closed his
opera hat and sprang 1t open IN the
faces Of the jeering crowd. They
scattered. yelling with surprise and
fear. The sultan heard the noise ana
demanded the cause. After he nad
seen and examined the wonderful hat
he gave this oracular opinion:
III I had lived a hundred years IN
your country and adopted all your
other customs could never have
brought myself to set on my head -
hideous contriyance. as that
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1911-06-06

Constitution, Section -. Officers are
required to take an oath on entering
unon the performance of the duties
of their office. The same require
ment is made of witnesses before tes-
tifying. with certain exceptions. The
constitution is witnessed by the sigma
ture of the president and secretary. as
well as the members of the convention
which framed it, lin the year of our
Lord. 1889" All Of these things
show that the character of our insti-
tutions was recognized by the dele
gates who framed the constitution,
and by the people who voted for its
adoption, so when we find it provided,
in the same section that guarantees
the free exercise and enjoyment Of
religious profession and worship, that
the legislature may enact laws to pre-
vent practices inconsistent with the
peace or safety of this state, we have
very strong intimation that the SUI
preme authority regards laws of the
nature of the one complained of, as
necessary to secure the peace and
safety of the state and if so. unless
clearly without relation to that SUBJ
ject they are valid. It also seems in
creL ole that the power of the legisla-
ture to enact such laws should be
questioned at this day, then the ten
dency throughout the American ma
ton is towards a more general OBJ
servance of all laws protecting people
in the observance of the first day OF
the week. 1t is plain to us that this
statute. if invalid, must accomplish
one of five things. First it must
work an establishment OF religion;
second, provide for compulsory sup
port, by taxation or otherwise. of re-
ligious instruction; third. make atten-
dance upon religious worship compul-
sorry; fourth, work restriction upon
the exercise of religion according to
the dictates of conscience. or, fifth, i'm
pose restriction upon the expression of
religious belief. The statute COM
planned of does neither of these things
and. therefore, as against the Objec-
ton which we have considered. it is
valid. Such laws have been so uni
versally sustained that we cite only a
few of the authorities bearing on the
subject, in addition to those to which
reference has already been made:
City Council vs.. Benjamin., supra:
Specht vs.. Commonwealth. 8 Pa. st.
312: Allen VS.. Deming, IA N. H. 1873;
Shower vs.. State, supra; Tucker vs..
West ct al. 20 Ark. 1856: Huntington
vs.. State, 80 CT. 1896: Story vs.. Elliott.
COwan p. PeODle vs.. Moses 14O
n. Y. PA; Commonwealth VS.. Dexter,
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1911-06-06
SUPREME COURT ON


and by the authority of the good peo-
ple of this state. ordain, determine,
and declare that the free exercise
and enjoyment Of religious profession
and worship, without discrimination
Of preference, shall forever hereatt'
er be allowed, within this state, to all
mankind; provided, that the liberty OF
conscience hereby granted shall not
be so construed as to excuse the acts
Of ,icentiousness, or justify practices
Inconsistent with the peace or safety
Of this state"
And the constitution of 1921 of New
York, Section 80, of Article Z, reads:
THE free exercise and enjoyment
of religious profession and worship.
without discrimination or preference,
shall forever be allowed in this state
70 all mankind; but the liberty of
conscience hereby secured shall not De
so construed as to excuse acts OF H.
centiousness, or justify practices In
consistent with the peace or safety
of this state"
This section was copied literally In
Section 3 of Article l of the consti-
tuition of 1916 of New York, except
that there was interpolated the pro-
vision now found in the constitution
of this state. that no person shall be
rendered incompetent to be a witness
on account of his opinion on matters
of religious belief. 1t thus appears
that, in all material respects. Califor-
MIA adopted its provisions regarding
religion from New York. in which
state. by "a long line of authorities,
only a few of which are cited in this
opinion. laws prohibiting labor.
amusements. etc., have been sustained.
both on religious grounds and as be-
inc within the police power OF the
state. While. as we have said. we
have no doubt that the intent of the
trainers of the dinerent constitutions
and laws was to protect Sunday as
sacred day, set apart for religious OBJ
servance and rest, yet for the pur-
noses of this cause it is immaterial
what their purpose was. II the pro-
visions are clear, we need not consld-
or the motives which prompted the
lawmakers, and they are clear. The
law here in question in no manner in
terferes with the religious convictions
or scruples of and inhabitant OF the
state. 1t neither prescribes for nor
compels the petitioners or others to
observe any form of religious wor-
ship. 1t creates no establishment OF
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1911-06-06

religion. The Wills and consciences
of all the people are left free in this
respect. In the language of Chancel.
lor Kent. tine constitutional provis-
ion is fully satisfied by free and uni
versal toleration." People are at lib
erty to attend the church of their
choice or to continuously remain away
from church. They are not required
by it to contribute by taxation or 9th.
erwise to the maintenance OF any
form of religious practice or worship.
They are at liberty to ignore, so far
as their individual conduct is affected
by the statutes. the existance of the
churches and of religion. The legis-
lative assembly has. however,, said
that in doing so they must not inter-
fere with the purposes OF the day. as
viewed i'm the light of the history of
the times, when our constitutions
were framed. and the purpose of the
founders. In fact, it may be MAIN
tanned that the only effect of Sunday
laws like our own is to secure peace
and quiet in the observance of the re-
ligious ceremonies and worship of an
overwhelming majority of our peo-
pie. The fact that they happen to be
adherents of the Christian faith may
in no manner affect the principles.
The legislature has reached the con-
clusion that the performance of or
binary labor and certain other acts
are infringements upon the right of a
great majority of the people to wor-
ship and to observe the day as set
apart for that purpose, and as day of
rest. 1t is not for the courts to split
hairs in an attempt to determine
whether the Judgment of the legisla-
ture has been exercised to the last
degree of refinement so as to include
nothing which may in any manner re-
late to such rights. In the exercise
of the police power. the question as
to what provisions are needful or
appropriate is primarily for the legis-
lature to determine, and when it does
not appear clearly that a statute
thought to be within that power has
no real or substantial relation thereto
and the rights of the citizen, the
Judgment OF the legislature assembly
is conclusive. The preamble to the
constitution recites that, the people
of North Dakota, grateful to Almighty
God, for the blessings of civil and re-
ligious liberty. do ordain and establish
this constitution" Elsewhere, Sum-
day is EXPRESSLY recognized by ex-
Guiding it from the time required for
the return of bills by the governor
during the sessions of the legislature.
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1911-06-06

ESTELLINE, S. D. Automobile
owners will hold meeting soon to or
ganize an auto club.
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1911-06-06

WHITE, S. D.-Rev. August Atrops
of Olympia Wash, has accepted call
to the pastorate of the German con-
gregations at White. Argo and Hen
bricks.
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1911-06-06

WANTED-Couple without children
require furnished or unfinished
flat or house, with privilege of buy.
ing at end of rental perod. State
full particulars. Address c. NJ,
Tribune.
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1911-06-06
FOR RENT-ROOMS.

FOR RENT-First Of July, one of the
choicest rooms in Bismarck, strict
" modern. Extra desirable on &C.
count of veranda, air, etc. Apply
900 Fifth St.
FOR RENT-Room at 623 9Th St.
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1911-06-06
When You Read Real Estate Ads You Are Educating Yourself Up
To the blouse =owning" Stage of Your Life.
MISCELLANEOUS,

WANTEO-Couple without children
require furnished or unfinished
flat or house, with privilege of buy.
ing at end Of rental perod. State
full particulars. Address c. NJ,
Tribune.
FOR sALE-Eight year old bay horse
weight 1900 pounds. Absolutely
sound and gentle. Best single horse
for dray or delivery in the city. APP
ply Marshall Oil Co.
NORTH DAKOTA HOMESTEAD
The Berthold Reservation is the
choicest agricultural land in North
Dakota. 1t will soon be opened for
settlement. Send Csc in coin to Geo.
J. Smith, united States Commissioner
at Plaza, N. D., and get his valuable
booklet telling all about the opening
and the land. Send today.
FOR sALE-Want ad space at one
cent a word for the first insertion
and half a cent a word thereafter,
when paid in advance. They do tae
business. Have you tried It?
FOR SALE-50 foot lot in best part
OF city, $500; 25 foot corner lot on
water and sewer, 5000; entire block
of lots $275. Another entire block,
$3.50. Half block, 500. Another
half block $120. ]. S. Knauss.
FOR sALE-A quarter section only
one mile from good town with two
elevators and several stores; 14O
acres plow land; 10 acres fine
meadow; this is real snap at
$3.50 per acre. F. E. Young.
FOR SALE-Fine team of bay geld
ings; harness and lumber wagon.
J. G.. Hartmann
FOR SALE-Fresh dairy butter at
zoe a pound in 5 pound lots. Phone
Sunnycrest Dairy Farm, Phone 454L.
WAN1ED-Everybody who has wants
to use the want ads which quickly
satisfies their wants.
WANTED-People to learn about the
little business pullers. the want ads.
Have you?
FOR SALE-Diamond Willow fence
posts. Inquire 405 Ninth street.
WANTED-All parties having prop.
erty to exchange, whether real or
personal to list them with US. We
keep in touch with people all over
the Northwest having properties to
trade, and make no charge for plac.
ing yours on our lists. We aim to
make all exchanges on an actual
cash value basis and invite you to
call on or write The Real Estate
Exchange, Kennedy Block, Fargo,
N. D.
cotton rags, free
from hooks and buttons, apply to
foreman pressroom, Tribune.
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1911-06-06
Professional and Business
Directory

NIELSEN CO.'S MILLINERY STORE
First class Shampoo, Hair dressing.
Manicure, Massage and Scalp treat
ment. Puffs and Switches made from
your combings. An Expert from the
East has charge of our Hairdressing
parlor. Phone 248.
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1911-06-06

143 Mass. ~; STATE vs.. AmDS, supra /,
City vs.. Elliott, AZ Mo. APP. 418; Lii
herman VS.. State, l26 Neb. 464; People
vs.. Bellet, 80 Mich. 161; State VS.. So
pher, Is Utah, 318; Note, IL Ann.
Cases, 1896; State VS.. Dolan, Idaho
693; State vs.. Petit, "a MINI. 376;
Petit vs.. MINI. III U. S. 1874; Topeka
vs.. Crawford, Is jKans. 5S3.
4. It is urged that even though
Sunday laws may, as a general propo'
sition, be found unobnoxious to the
provision of the constitution to which
reference has been made, and that if
the act complained of were a part OF
the general Sunday law, and as such
constitutional. that having been
passed as a separate and independent
measure it is in contravention of the
terms of Sections IL and 20 of the
constitution. In other words, that IL
is special legislation. We need not
take the trouble to define special
legislation. nor to determine whether
this might not be such if it were the
only law on the subject. The only
answer necessary to be made to this
contention is that as evidenced by the
terms of the emergency clause at
tached to this law, the legislative as
sembly considered the general Sun
day law as not prohibiting the main
tanning and running OF theatres and
similar shows on Sunday, and that un-
til the enactment of this statute it was
legal to maintain such shows upon
that day. Without determining
whether the legislative Interpretation
of the old law was correct, but assum-
ing it to be so. it is quite evident
, that instead of this being a special
law it is in the nature of an addition
to the old statute on the subject, max
ing it more general in it's terms and
more universal in it's application than
it was before the the new enactment
took effect. 1t enlarges the scope
and application of the statute by emu
merating theatres and shows among
subject to the objection made. How
ever. if it did stand alone, the books
are replete with authorities passing
upon the constitutionality OF similar
statutes. and almost without eXcep-
ton holding them valid as against
. these identical, and similar. objec-
tiOns
TX parte Koser, supra; ex parte
Donnellan, (Wash.) IS Pac. 1885;
State VS.. Dolan, supra; State VS.. So
pher. 25 Utah 31S; BOIL VS. State, 3
Tex. App. 6S3; St. Louis VS.. De Las
sus, 2O5 Mo. 57S; People VS.. Hagan,
70 N. Y. Supp. 564; Liberman VS.. State
Is Neb AGA: State VS.. Belief. supra;
People VS.. Havnor, supra; Petit vs..
Minnesota. Supra; State VS.. Petit, SUI
pra: State vs.. Justus, 81 MINI. 447,
and note to same case. l Ann. Cases
90; State VS.. Weiss, 81 MINI. 127;
State VS.. Bergenfeldt, Al Wash. 234.
The statute in question is not vul-
nerable to the attacks made upon It,
and we hold that it's terms bring with
in the proper exercises of the legis-
lative power. The writ heretofore
allowed is quashed; the petitioners
are remanded to the custody of the
sheriff with directions that upon pay
ment of the fines imposed or in lieu
! thereof. imprisonment as adjudged,
they be discharged.
! Morgan, C. J., did not participate
Hon. w. J. Kneeshaw. Judge OF
Seventh judicial district, sat by re-
quest.
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1911-06-06
NOTICE AND CITATION, HEARING
OF FINAL ACCOUNT AND DIS
TRlRuTjON OF ESTATE.

State OF North Dakota,
County of Burleigh,
In county court before Hon. M. J.
Mckenzie, Judge.
In the matter of the estate of Ca
lista S. Partridge, deceased.
Henry P. Foster, petitioner, vs.. H.
Gertrude Bridge, S. Augustus Red
way, Harriet F. Earle, Ruth Part.
ridge, Frederic C. Miller, Herl@rt
c. Miller, Alice Harland, Susan
Parks, Harry Slemmons, Lee Stem
mons, Charles P. Boswell, George
Boswell, Charles +. Boswell, Stella
Johnson, Lydia Bates, Lettie South
worth, Hattie Southworth, Grace
Boswell, Mary Louise Boswell. Jes.
sic Boswell. John Boswell, Guy r.
Miller, Elizabeth NJ. Partridge,
Margaret H. Redway. Indian Hos
pital, Fort Defiance, Ariz.: John
Osier and Hugh !. Miller. respond
ents.
The state of North Dakota to the
above named respondents:
You, the said respondents above
named, are hereby notified that the
final account of Henry P. Foster, ex-
ecutor of the will of Calista S. Part
ridge, late of the city of POtsdam, In
the county of St. Lawrence and state
of New York, deceased, has been
rendered to this court, therein show.
ing that the estate of said deceased
is ready for final settlement and dis.
tribution, and petitioning that his ac-
count be allowed, the residue of said
estate distributed to the persons
therunto entitled, his administration
closed and he be discharged; that
Monday, the 10th day of July, A. D..
1911, at ten o'clock in the forenoon
Of that day at the court rooms OF
this Court in the court house in the
city of Bismarck, county Of Burleigh,
and state of North Dakota, has been
duly appointed by this court for the
settlement thereof, at which time and
place any person interested in said
estate may appear and file his ex-
ceptions, in writing, to said account
and petition and contest the same.
And you, the above named respond
ents, and each of you, are hereby
cited and required then and there to
be and appear before this Court, and
show cause, II any you have, why said
account shall not be allowed, the
residue of said estate distributed, the
administration of said estate closed
and said executor be discharged.
Dated the 22nd day of May, A. D.
1911.
(SEAL.)
BY the Court:
NJ. J. M'KENZ1E.
Judge Of the County Court.
Newton, Dullam & Young.
Attorneys for Executor.
Let the foregoing citation be
served by publishing same once each
week for four successive weeks in
the Bismarck Daily Tribune. daily
newspaper printed and published at
Bismarck, Burleigh county. North
Dakota.
(SEAL.)
NJ. J. M'KENZIE.