davidaulloa/AmericanStories huggingface dataset:
The evening times. [volume] (Grand Forks, N.D.) 1906-1914, 1912-11-21

Final Determination Necessarily Postponed Until Proceedings
Can Be Brought By Appeal Regularly Before Supreme
Court--Another Interesting Chapter In
LoneDra1n Out Case :

In Ito decision handed down yester.
day the supreme court refused to as.
sumo jurisdiction in mandamus oyer
the contempt, proceedings brought by
the Red River Valley Brick corpora
ton against the mayor and other city
omcials. because the remedy by appeal
from the dismissal of such proceed
tngs is adequate, and the final deter
mination thereof is thus necessarily
postponed until by appeal they can be
court, which will not be before the
March. 1913 term.
This is another chapter Of the city
extension litigation. It will be re-
called that last May Judge Templeton
entered judgment in favor Of tho
brick company pe%rpetually enjoining
the city and Its officials from ASSESS
Ing the property within the proposed
extension and holding that such ex-
tension was void for failure to COM
ply with the statutory requirements
as u prerequisite thereto.
Thereafter the city perfected an ap-
peal from such judgment to the SUI
preme court. which appeal had not
likelihood come ON for argument at
the March. 1913. term.
After taking the appeal and upon
the theary that such appeal vacated
the %prohibitory provisions of the judy
ment, the city assessor proceeded to
assess the property within the pro-
posed extension. AS SOC as this came
to the attention of the brick COM
pany. the facts were laid before Judge
Templeton. who %thereupon issued his
order directed to the city and It's on
Gals SECURING them to show cause
why they should not be punished for
contempt in violating the prohibitory
provisions Of the Judgment. Judge
Templeton was taken Ill. and the mat
ter came on for hearing before a
Judge called to take his place. At the
hearing upon these facts 1t was heid
that the city had committed no in
territorial contempt, and the order to
show cause was dismissed.
At this time the city council had
not yet made its equalization Of the
taxes thus assessed. and application
was Immediately made to the supreme
court by George A. Bangs. acting for
The evening times. [volume] (Grand Forks, N.D.) 1906-1914, 1912-11-21

the brick company. for q writ, d.
rected to the district court of this
county. requirink~ IL to show cause
why the order disfnissing the city for
contempt should, not be vacated and
n new order entered finding the city
and Its officials guilty al set forth in
the original order TO show cause is
sued by. Judge Templetop. This ap-
plication came on before the supreme
court. June ;2S.' and. was taken under
AMUSEMENT. by the: court during the
summer vacation The application
was granted and the alternative writ
the latter part of September and was
made returnable October 8. at which
time arguments were. submitted on
behalf OF the brick company BY MI.
Bangs, and on behalf Of the city by
j. b. WinemaM
At the argument the chief conten-
ton on the part Of the city was that
the court was without Jurisdiction or
power to review the. oraerSof the dis
trict court in this, matter, This con-
tention ID: overtuleds" by the aIpIeme
court, but 4: is held that III. visw of
the fact that the brick company has
an ample, remedy by appeal, the court
will not in these proceedings reverse
StS dStlOH VI .eiAG lOEcI COukts Vi 6ANc
consideration thereto.
The syllabus ia as follows:
1. Under the provisions Of sections
Sc and 81 Of the constitution the SUI
preme court is given experimenting
control ver inferior courts and has
the power to issue any of the writs
therein named and such others as may
be necessary to. the proper exercise Of
such control.
; q" The experimenting power of.
the supreme court ia primarily over
courts and was granted to insure tho
harmonious working Of our judicial
system to meet emergencies and for
cases where other relief provided is
inadequate or incomplete. and not for
purposes Of review as by appeal.
3. Whether the remedy by appeal
Is inadequate or speedy must be de-
termined by the exercise Of the sound
discretion Of this court. applied to
the facts in each given case.
I. The primary function. Of this
court Is the determination of appeals.
The evening times. [volume] (Grand Forks, N.D.) 1906-1914, 1912-11-21
TRIP
FOR EDITORS IS
PLAN OF

e. L.. Peterson. editor of the Milton
Globe. was in town last night enroute
to Chicago to attend the annual meet
ing the executive council of the Ma
tiona1 Press Association of America.
He IL 4 representative Of the north
western group of states.
A foreign trip in 1914 for members
Of the association is one of the North
Dakotan's hobbies. He Is especially
DESTROYS that the editors visit Norway
at the Mindegaven celebration two
a hence.
!. Among the states represented by
Mr.. Peterson in the executive council
are North and South Dakota. Mime
sofa and Montana. He was elected
last summer.
The evening times. [volume] (Grand Forks, N.D.) 1906-1914, 1912-11-21

minutes for rebuttal. and the judges
shall consider both thought and de-
livery and shall decide on the merits
Of the debate 49,.
In 1so9-iO the final debate was be-
tween the Darlington and Leeds
high. schools. and the latter team car
ried, of first honors. In 1901 the
debate was won by Minnewaukan aft.
er defeating the Casselton high
school. Last year Leeds was success
full In winning the trophy from the
Hatton high school, Neither the
Leeds or the Minnewaukan schools
will be in the ace this year.
The evening times. [volume] (Grand Forks, N.D.) 1906-1914, 1912-11-21
PRES. M'VEY NAMES
COMMITTEE TO WORK
IN NORTH DAKOTA

At the request Of DR.. Thomas A.
Story. secretary Of the American
School Hygiene association, President
McVey has appointed a state .organiza-
ton committee. to cooperate with DR..
Story in working up interest in an
International congress on school ny:
giene. to be held in Buffalo in August.
mittee are DR.. g. F. Ruediger, Profes.
sor c. c. Schmidt. Professor Maurice
Johnson of Valley City. Supt. s. n.
Volt" Of Mtnot and Supt. g. r, Root
Of Bismarck. -.
The evening times. [volume] (Grand Forks, N.D.) 1906-1914, 1912-11-21
A FORKS WOMEN
SAVE u MONEY

Instead of so much meat a great
many Grand Forks housekeepers are
now serving Minnesota" Macaronl
twice a week. They say the men folks
are not only glad to see them save the
meat money. but like the delicious
nut-Iike flavor of Minnesota" Maca-
roni much better than meat.
To those who do not know what a
big difference there is in macaroni as
sold at the stores. the rich. delicious.
flavor of Minnesota" Macaroni will
be a revelation. 1t is four times a.;
nutritious as ~beef-steak. is much
one cent a dish.
Try the handy Minnesota" Cut
Macaroni, which is cut into uniform
pieces-it cooks more evenly and is
quicker TO prepare.
The evening times. [volume] (Grand Forks, N.D.) 1906-1914, 1912-11-21
UNIVERSITY Is
INVITED TO SEND
A REPRESENTATIVE

A communication has been received
from Professor ]. Goilancx, Lift. B..
secretary Of the International Histori.
Congress-. inviting the University
q North Dakota2to be represented at
he held. IN L0ndon. April 8-S, 1918.
President Mcvev hopes to be able to
q delegate from the university
present OF that occasion.
This Is the third meeting Of the con-
gress. the first being held in Rome in
1903. and the second In Berlin in 1908.
The organization Of the congress IL
undertaken by the British academy In
cooperation with universities. learned
sOcieties n institutions especially in.
terested In historical science.
The evening times. [volume] (Grand Forks, N.D.) 1906-1914, 1912-11-21

and It. appellate turtsdiction is the
one which must be seusht by 'titigants
seeking relief wherever II IA applicable
and furnishes them adequate and
speedy protection. ana It's superin-
tending power should not be exerctsed
except In case OF emergency. exigency
or when necessary by, reason Of the
lack Of any, other adequate remedy,
or when the ends OF Justice, make ita
exercise ~imperativeiy necessary.
e. 'P~toceedin8s were instituted In
the district court OF Grand Forks
county for the purpose OF Furnishing
certain parties for alleged. contempt,
consisting In disohadlence. to the pro-
hibitions' Of q judgment Heretofore
entered in an action In that county
application for 4 writ commanding
the district court In which proceed
ings were maintained, to vacate its
order dismissing the contempt pro-
%ceedings. and commanding 1t to pun
ish the parties named for contempt.
Held, that relator has an adequate
remedy by appeal. and that no such
emergency is disclosed, and NO such
failure Of justice imminent. as will
warrant this court in the. exercise Of
It's power Of experimenting control to
make the alternative writ permanent,
and 1t IL. therefore. quashed. and the
proceeding dismissed.
(Syllabus by the court.)
Mapdamps, bX the Red River Valley
Brick. corporation, Falconer township
and school district No. So. against the
district court Of the. First judicial
district, and Kneeshaw. j.. sitting at
the request. OF. Templetqn.. J. :
Writ quashed.
Geotse A. Bangs. Grand Forks. for
REALTORS.
J.rB. winemaa, Grand Forks for re-
spondents.
Opinion by; spaldiag.- G. J..
The evening times. [volume] (Grand Forks, N.D.) 1906-1914, 1912-11-21
JAIL DELIVERY AT WEBSTER.

Aberdeen. s. d.. Nov. 20.-Thrce
prisoners escaped from the Day coun-
ty jail at Webster Monday night after
overpowering Sheriff Lindquist. when
he went into the cells to lock- them up
for the night. The men We're James
having dynamite in his possession: A.
Boyd. awaiting trial for an upmen-
tionable crime, and Michael TIMBER.
dahl. serving elk months for assault
with a dangerous weapon at Bristol.
McAleer has been implicated In sever.
III other Jail deliveries in this section
Of the state and Is considered. an all
round crook. All three mon are still
ut large. =. ~. :,
The evening times. [volume] (Grand Forks, N.D.) 1906-1914, 1912-11-21
Roy MADE RAPID PROGRESS.

New York, Nov. 20.-Among the
wonders Of surgery seen here BY the
$500 members Of the clinical con-
Eress was an operation that had a
s~urprkingr Development yesterday,
when Terence Dewitt found speech for
the first time in his seven years Of life.
The operation was performed in
the Swedish hospital, Brooklyn.
The extraordinary feature of the
case Is that patients are usually two
or three months in reaching vocal
expression. and here was a lad trying
to chatter and making fair Roadway
1t 1t almost Immediately after the
The evening times. [volume] (Grand Forks, N.D.) 1906-1914, 1912-11-21
CHOSE
AT LAST
NIGHTS E.

At the meeting of the Ad Altiora
Literary society at the university last
evening Lester Smith. Reinhart
Kamplin and Jacob Hofto we're Sc
lected to represent the society in the
debate with the A. D. T. society.
which will take place on December
IS. Cordery Batten was chosen as al
The evening times. [volume] (Grand Forks, N.D.) 1906-1914, 1912-11-21

r. e. Briggs. watertown. 8. D.,
says: II had an acute attack Of kid
ney trouble, with q severe pain across
my back and suffered intensely. 4
took some Of Foley's Kidney Pills and
In a short time the pain left my hack.
I took altogether one bottle Of Foley's
Kidney Pills and today ! am entirely
cured Of all kidney trouble" Nc.
Grath's Pharmacy.
The evening times. [volume] (Grand Forks, N.D.) 1906-1914, 1912-11-21
cARETAKER MUST PAY rARE

Washington. Nov. 20.-Freef railroad
transportation for the caretakesr Of
chickens shipped as q part Of q car
load OF household goods is not con-
be expected from the railroads. ac-
cordinE to a decision as the interstate
commerce commission. The ruling
was made in the case Of Charles Ream
against the Southern Pacific and 9TH
or. "transcontincntalF carriers. Ream
moved from Richmond. Va. to Los
Angeles. Cal. and took his chickens
The evening times. [volume] (Grand Forks, N.D.) 1906-1914, 1912-11-21
Doctors Use This for Eczema

Dr.. Evans. Ex-Commissioner Of
Health. says: There is almost no
between skin diseases and the
The skin must be cured
through the skin. The germs must
be washed out. and so salves have
long. ago been found worthless. The
most advanced physicians of this coun-
try are now agreed On this. and are
prescribing aewash of wintergreen,
and other ingredients for ecze-
and AL. Qther sklna diseases. This
compound Is known as d. d. d. Pre-
scriRtion for Eczema.
The evening times. [volume] (Grand Forks, N.D.) 1906-1914, 1912-11-21

DIR. Holmes. the we'll known skin
specialist writes: II am convinced
that the d. D. D. Prescription. is as
much a specific for eczema az quinine
for malaria. l have been prescribing
the d. d. d. remedy for years" 1t
will take away the itch the instant
you apply it.
In fact. we are so sure of what d.
d. d. will do for you that we will be
glad to let you have a 81 bottle on
u guarantee that it will cost YOU
nothing unless you find that, it does
the work.
Dill ~
The evening times. [volume] (Grand Forks, N.D.) 1906-1914, 1912-11-21

! III 'tafftfte'i tahng.e caused
me- ASsa sul5Mlag an dis
comfort. while the rubbing
ssd ACKNOWLEDGMENT eesa,
"I.sst spring 7 had .
taxtsss treaAlag on o.
baissesy ssres - ~ ss1ns
ed 'nnbs. ~ 6Acs end
assas wsr, slsAoss csverpd
With foSh. could not aosp
The evening times. [volume] (Grand Forks, N.D.) 1906-1914, 1912-11-21

Metropolitan theater and will begin at
$3.50 o'clock. Following the cere-
monial, a banquet will be held in the
The evening times. [volume] (Grand Forks, N.D.) 1906-1914, 1912-11-21
RASH ALMOST
COVERED FACE
AndAms. Terrible ticking. Blistsry
SofesMA smau4l Limbs. Ceusdnot
Sleep. Used Csticura Remedies.
Entirely Rid Of MlS Skin Eruptons.

WaRsa0nlA O.-"E hsva ~ IL s0aeAa
AlAsood polaoaing fne seEhtsa years. I vas
neser Without como seuD1sus on nv body.
Perth Amboy evening news., 1912-02-27
.ANOTH HER BLDG.
FOR SMITH ST.

BY means Of sale today Of the
two lots on the southerly side OF
Smith street Just west of Water
street, to J. N. Wester, the last of
unoccupied property between Staten
Island sound and Madison avenue is
to be graced with a handsome three
story brick building. The property
In question carries with 1t re-
nlarkab1e history. The fact alone,
that during the long history of the
city 1t should be the only tract be-
tween State street and the sound to
be uneccuried, makes it interest,"
ing.
The property was held in the
name of Mrs. Martha A. Stockton,
OF East Orange, a sister OF J. Bruce
Smith, Who has been interested in 1t
for many years back, It Is 50x100
feet in size. Before 1t could be
transferred to Mr.. Wester five heirs
had to be consulted.
Ground for the proposed new
building will probably be broken at
once.
Perth Amboy evening news., 1912-02-27
WORK HARD TO
OBTAIN PERM!!!!!
Members Of the Newly Form
ed Trust Companies Active.

1T developed today that men be-
hind movements to- start the Merl
chants and Mechanics and Citizens
Trust companies In this city are
working most energetically, but IN
secret, for the establishment of
their respective companies. A brisk
tussle is on for permit from the
state.
1t was learned unofficially today
that the Citizens concern centenl-
plates locating at the southwest
corner of Madison avenue and
Smith street, should it be granted
an application to do a banking bust
ness. The leaders Of the Merchants
and Mechanics when seen this morn
ing declared they could not at this
time tell where their institution
might locate should they be success
ful.
Both sides said there was nothing
new for publication at this time, as
both sides were fighting for a
charter to do business and were TAX
ing steps that 1t would not be wise
to make known Those behind the
Merchants and Mechanics concern
declare they are working on their
merits to secure a charter. 1t was
stated by one OF them that the
names of the men given in the
NEWS on Tuesday were not all, as
about twenty-five other prominent
business men and manufacturers
were III the movement. The names
of these men and number of other
details are being withheld until af-
ter a decision on the applications
has been made by Vivian NJ Lewis,
the state Commissioner of Banking
and Insurance.
Perth Amboy evening news., 1912-02-27
ANOTHER FIRE
DURING NIGHT
Candy Store Of |. Sasorona
at 200 New Brunswick
Avenue--$600 Damage.
FAKE ALARM EARLIER
Trouble for Companies on
Account of Storm Three
Calls Within Il Hours.

Firemen of this city answered
three alarms of ire within eleven
hours yesterday. The last alarm
was sounded from box 36 at New
Brunswick avenue and New street
lat 1920 o'clock this morning when
the candy store of l. Sagorona, at
200 New Brunswick avenue. was
damaged to the amount of $500 COW
cred by insurance. The second was
d false alarm from box 65 at Com
merce and State streets shortly af-
ter 10 o'clock and the flrst was at
SO Broad street yesterday after
noon. The fire in New Brunswick
avenue was discovered by Joseph
Platt, Of ~ Fayettee street, who
sounded the alarm.
Brake Locks On Truck.
While going to the last fire tse
brake on the right side of the truck
caught and locked the back wheel,
nearly sending the horses to the
ground and William Petty, the driv-
er, from the seat of the apparatus.
From State to Smith streets to the
scene of the blaze the horses drew
the apparatus with the brake locked.
When the nremen arrived the build
Ing Was ablaze and 1t was some time
before they had 1t under control.
Steam Causes Scare.
In the height of the wind and
storm shortly after 10 o'clock last
night the firemen were called out
for an alarm frerl box 65 at Com
merce and State streets sent In from
Police Headquarters. Mrs. Herman
fnl arayx nzH Aou sfS.sau
that Deiches Department store at
400 to 40s State street was ablaze.
Mrs. Philo. whose husband is man
ager of the concern. was In bed and
was awakened by the steam pouring
into her sleeping chamber. Rousing
the other occupants of tho cuse she
telephoned for the fire department.
Companies In Race.
The firemen made excellent time
in responding to the alarm. The
streets were hooded, the sewers be-
ing stopped up yet the nremen drove
the apparatus as II the streets were
clear. An exciting race between the
apparatus of Protection Hook and
Ladder Company and the steamer OF
the Lineolns was won by the former
company The steamer made excel
lent time considering that the Hooks
had head start, but the members
of that company claim their brake
.was fast which retarded progress.
When the firemen arrived at the
scene of the supposed blaze they
found that water had got into the
fire In the furnace and caused steam
throughout the store and building
giving the impression that the place
was afire. There was no damage.
Perth Amboy evening news., 1912-02-27
ULSTER STAKES
GONE WITH ICE.
Markers of Beds Disappear
damage to Docks.

Raritan bay for the first time In
fifteen years is entirely cleared OF
small piIing and oyster stakes due
to the large amount of Ice which has
been carried out to sea during the
last three or four days. The Staten
Island sound and the Raritan river
are being cleared and the heavy flow
Of ice has swept ell the light ptlin s
and stakes with 1t.
The heavy flow of ice In local
waters may mean quite loss and
much trouble to local men engaged
IN the clam and oyster business,
The stakes were used as markings
of their portion OF the local beds.
Now that they are swept away and
as the ice Is still coming down the
river 1t will be- some time before
they can replace them. Several
years ago the local oystermen were
in controversy over the location of
certain grounds and the eliminating
of the boundary lines may start
the agitation afresh. Longshoremen
say this is the first time in fifteen
years that the damage caused by
the sudden breaking up OF the ice
was so heavy
Not only have the stakes been
carried away but the heavy outflow
of the ice has caused much damage
to small craft anchored in the bay
and river. Damage to the docks in
this vicinity will also amount to
several thousand dollars.
Perth Amboy evening news., 1912-02-27
LOCAL NEGRO CAUGHT
IN ELIZABETH ADMITS
STEALING WATCH HERE

Dennis Randolph, negro with
several aliases who, according to
the police. has a bad record in this
city and about Elizabeth, is in a cell
here for stealing watch from
Daniel shelton, colored, of this city,
about week ago. Randolph was
arrested In Elizabeth yesterday by
Detective Sergeant Ward through
the efforts of the local police.
The prisoner was taken in charge
by Detective Sergeant Long this
snornfng and Brought to this city
He admitted stealing q fifteen-jewel
watch from Shelton and said he
pawned 1t at Louis Kemeny's store.
Randolph has served two and half
years In state prison for assaulting
a local boy He served time In New
ark during 1910 for breaking and
entering and has often been arrest
ed in this city.
Perth Amboy evening news., 1912-02-27
NO HEARING IN
!. QUO WARRANT0
City Attorney Says Not Like
" Until Iune.

A hearing In the quo warranto
proceedings instituted in an effort to
prove that Alderman-at-large Ferd
Garretson is the legal acting mayor
of the city will not be held before
June, according to statement of
City Attorney G. C. Hommann this
morning. In reply to question as
to the next step in the action, he
said hearing would be held some
time in that month.
The hearing will be on plea
fled by the city attorney in reply to
the papers filed on Lawrence G..
Dalton on February q. Mr.. HON.
mann had originally intended to de-
muir to the action, but on Saturday,
February 10, he mailed a copy OF a
plea under which the question of
facts In the case viii be brought In
to consideration. 1t seems to be
the opinion of a number of promi-
nent politicians of both parties that
before this action Is finally settled
neither Mr.. Dalton nor Mr.. Garrett
son win be entitled to act as mayor
as a successor to Albert Bollschwei-
Ter will have been elected.
Perth Amboy evening news., 1912-02-27
STUBBERT To
HAVE HEARING
Gov. Dix of New York Refus-
es to Sign Papers for Doc
tors Extradition.
PELTIER IS AT ALBANY
Influential Friends Of Alleg-
ed "Quack" Reported to
Have Given Him Aid.
PELTIER IS AT ALBANY

governor Dix, Of New York state.
today refused to grant papers to
extradite James Edward Stubbert
the alleged quack, from New York
to Middlesex county so that he could
be tried on indictments of fraud and
practfcing medicine without cer-
tificate. County Detective Richard
a. Peltier waited on Governor Dix
TINS morning and was told Stubbert
mad applied for hearing before
MIN and therefore he would not
grant extradition papers today.
This means a delay In the extra
dltion of Stubbert If 1t is brought
about. Since his arrest while enter
ing the Hall of Records In New York
city week ago today 1t has become
known that he has a number of in
duential friends about the metropo-
lis. Because OF this fact the author
tiles of this county have found It
difficult matter to handle the case.
Pleads Not Guilty.
Before the arrest OF Stubbert
could be brought about 1t became
necessary to present the original
copies OF indictments against him to
the New York police. He was ar
raigned on February 81 and pleaded
not guilty to being fugitive from
Justice. Since that time he has been
locked up without bail to await
Governor Dix's decision and 1t first
became known this morning that he
had applied for hearing.
Stnbbert's pill and X-ray outfit
with which it Is declared he swim
died hundreds of patients In and
about this city while conducting
offices In the Packer House, is still
being held by Chief OF Police Burke
at police headquarters.