The Bismarck Tribune from Bismarck, North Dakota • Page 1

1 el fr TWENTY-FIRST YEARS Tegisla4ive ii 29 to 2. 1Thersamp iPci. the State-Gets Down to Business, and the Work Begins. tip 'W Organization of the Two Houses fected in Accordance with the J' Caucus Agreement. Lieutenant Ruffles rthe Even Tenor of the Senate Declines to Recognizee Nominations for Places nbt Provided for by the Statutes.

rK Senate 6vferrules, and Holds' to the Right to Choose What Officers it Wants. Speaker Pollock Chosen to Preside in the House, and Harmony There." A THE SENATE. -J The" senate was called tcf order at noon. The gavel in the hands of J. C.

Smith, secretary of the last senate, fell at that hour arid the divine blessing and guidance was feelingly invoked by Rev. A. A. Joss, chaplain, The roll of the hold-over members was called, and then that of the new bers, who were called to the bar of the senate and the oath, of office adminis tered to them by Judge W. H.

Win. Chester of the district court. ORGANIZATION: organisation of the senate being the first matter to be disposed of, Mr. Iiittle nominated Jud LaMoure of Pembina for president pro tern of the body. Talcottof Cass nominated George L.

Townes as secretary. Mr. Cox nominated J. Moe as tant secretary. Mr.

Hale nominated -L. D. McGahan 'as chief engrosser and enrolling Mr. Little nominated it. M.

Tuttle of Morton for stenographer iMr.Ti&vayea nominated Olaf Holton for bill clerk. Mr. Taylor nominated H. Brown for sergeant at arms. Mr.

Hegge nominated A. M. field for door keeper. Mr. Sanborn nominated Mr.

WarroQ of Rashom for messenger. vv Mr. Wolbert nominated Porrit for postmaster. Mr. Laidlaw nominated George son for clerk of the judiciary committed.

Mr. nominated Mts. J. 1 Brown for journal watchman. £Mr.

Little nominated A. A. jossfor th THB.PIHST '26 mm 4 vfaThe first ripple of excitement in lative proceedings crossed the heretofore tranquil waves of legislation when Mr. Miner of Wells nominated P. for second assistant seijretary Governor Bartlett clared the nomination.out of border.

He said that the "law of state provided, for no such officer in the senate organi zation, and that for the present he would have to nomination out of order. He realized the senate might think ferently on this matter" and he recog, pized right of $tood hy the law on'the matter. iMr. Mi'aer appealed from the decision' ofthe bhairand the chair was toot The nomination was then put and Mr. by a Vote of "whenMr! mpson of Stark jifiss man for assistant journfel clerk.

The lieutenant governor rtoh log and itnot peal by M. Simpson, by yofcat'of -1 to 6. Swenson nominated M. I Shirley, of NeleOn for proof readeJ of, the senate. Bartlett declared the motion out df order jruled the officer? nbmi Tron of jbha -over the decis- were elected by the -LaMoure thojh nominated! Alex fta clerk oi the bill ssiid the membeta the seed of an officer, to hfive of the ewe and distribution of bills and it Would bow matter oi-fteonomy for the senate tp him: The lieutenant governor rffeSi' ttfe nomination and there was the eame rw Louden whether the had not the right name and elect its own Mr.

Bartlett said he believed the law governed in the matter and that the tificate of Election of the senators was: not a license to violate the statutes on the subject of employes. Mr LaMoure then nominated Masters McLean, Lambert, Call, Hare and lock as pages. The said the law provided for only two pages, but that he would consider the chair appealed from and the decision of the chair overruled and the 'five pagea by the senate. the naming of committees to notifiy the governor and the house that the senate was organized and ready for business, Mr. LaMoure went out and took his oath of office as president pro tem of the senate before Clerk Hoskins of the supreme court.

In the meantime Lieutenant Governor Bartlett stated to "fchfe senate that he would swear in no employe not provided for by law, and that as the names of the officers he held to be legally constituted' by the senate were called they approach the bar of the senate and be sworn in. The officers were then sworn in with the exception of those whom the lieutenant governor refused to recognize the ate's right to elect. Mr. LaMoure stated it to be his inter pretation of the law that, in case the lieutenant governor refused to swear in the employes of the senate, it was in the the power of the president pro tern to administer the oath. Mr.

Little did not think there'was any question as to the senate's right to name what officers it chose. He recognized that, under the lieutenant governor's terpretation of the law, there.might be a question with that officer when it came to signing of vouchers for pay Mr. LaMoure said that the lieutenant governor had refused to swear in three of the pages that had been elected by the senate, and that if any member who had voted for them should request him, as president pro tem of the senate to swear fhem in, he would feel it his duty under the law to do Mr. Bartlett said there was no doubt the majority 'of the senate wished the officers of the senate to be as indicated by the vote on the matter. He thought, ftowever, that the proper way was to pass a law, if the senate chose, and not to override che law already passed what had been done in the past was no cedent for the action of the as there had been many things done in the in the way of clerk hire that the senate would not wish to take as a pre cedent." He'wanted h(s position in the matter distinctly understood.

GOVERNOR INFORMED A committee of three consisting of Messrs. Little, Noble and Cox was named to notify the governor of the tion of the senate, Messrsv Simpson, Gashel arid Sharpe were named to notify the house. A message from the house notified the senate of the organization of that body. 1 The rules of the last session were adopted for the government of the sen ate until the adoption of new rules. LaMoure, Little, Noble, Cox, Sharpe and Wolbert were named as ja committee on rules.

BILLS INTRODUCED. Senate Bill No. 1, by Mr. To provide for the trial of civil The state bar association bill. Senate Bill' No.

2. by Mr. Little. To provide a time when claims against decendents shall be barred Bppate Bill No. by -Mr.

Jjittle. (Amending Section 6256 Revised dodee. Bill, JTo. 4, hy Mr. LaMoure.

Changing law fixing dates for terms of court in Seventh judicial JUD SWEARS 'EM: fi 1 TF VR If Senator pro tem of the adininistoreiff the oath'to the employes elected the senate, and whom Lieutenant fused to swear 7: JOINT SESSION senate recessed until 9 o'clock today, 2 will go into joint session' with the housetop receiving the messages vs THE' HOUSE 'f v. A members of thB 4ew in their and with considerable interest watched the hands ojf alpwly. creep up" to 12, -jChief CletJt Scanian was "the In the ln bis efforts Ao eee that acid the newspaper Irafcernity were made comfortably and suppUad with, "flfat aid" piackete in the way of janitorial force of the capital unaef the Si Gillis, had the seats, desks and other matters ip comfortable shape for gang was not There werd quite' a number of ladies present. It was 12:05 p.m. when ex-Chief Clerk Lavayea rapped the house to Rev.

Guernsey of Bismarck invoked the divine blessing, after which Mr. Lavayea called the roll as furnished by the secretary of stater All the members were in their seats. The oath was then administered by Judge Winchester. Nominations "for speaker being in order Mr. Gassell of Steele in a neat speech eulogizing his placed R.

MV Pollock of Cass in nomination. The nomination was seconded by Mr. Hare of Burleigh. There being no further nominations Mr. Pollock ceived every vote except his which as or a on Messrs.

Leech, Bacon and Tufte were appointed a committee escort Mr. Pollopk to the chair. Aftor being sworn in by Judge chester, Speaker Pollock said he highly esteemed the honor conferred on his county and himself, that there were others more worthy but none more anxious to honestly and fairly administer the duties of the office. He asked the support of the members and predicted an harmonious session. Mr.

Bacon then nominated Joseph Scanian for chief clerk, seconded by Mr. Tufte, and the election was made After the new clerk been sworn, Senator Lavayea gracefully turnbd the office over to the new man, and congratulating the speaker on his election.and thanking the house for its courtesy, took his seat in the senate. Mr. Chacey: nominated W. D.

Austin of the Tenth district for assistant clerk Austin was unanimously elected Hill moved and Representative Tubbs seconded the nomination of W. E. Clark fot chief enrolling and engross ing clerk, and as were all those ing him, he was unanimously electodj Mr. Young placed E. E.

Ellis of Barnes in nomination for bill clerk, and Mr. Tubbs seconded. Elected. Mr. Hare nominated Miss Bessie goner lor stenographer.

Seconded by Mr. Reade and elected," Mr. Willison nominated Thos. son of Traill for 89rgeant-at-arms. onded by Mr.

Leech, and he was elected James Flanigan of Morton was inated for doorkeeper and elected. Mr nominated Burton L. Weld of Stutsman. Seconded Mr. Reatje and elected.

Rev. R. Ti Guernsey was nominated by Mr. Reade. Seconded by Mr.

Johnson and elected: Casfeius Lisk was nominated by Mr. Thomas for postmaster seconded by, ThordarSon and elected. Kirk Noyes of Mandan, Arthur Mason Lester Eckstrom, and Leo Horner of Biemarcfe were elected pages. At this point a committee from the senate announced that body organized and ready for John Clark and C. D.1 Rogers were elected janitors on motion of Mr, Reade.

Mr. Michels nominated Hans O. Blegan for'watchman, and he went through like the rest. Mr. Winslow of Steele named A.

M. Baldwin sdr clerl? of the judiciary mittee, and he-was fprthwith elected. Mr. Restemayer presented the name of Wm. Surerus of Pembina for journal clerk and he was elected.

The elective force was then sworn by the speaker, after recess, was taken'to 1:35. Upon reconvening Mr. Tutfle deliver ed a message from the senate, ing the names of its officers, and was ready for business. Mr. Hare moved to pages thur O'Connor and Roy Joslyn of marck.

Mr. Wade nominated Henry Preide of Burleigh and Mr. Tufte ijogainated of Mr. Hare t)xe naming of pages liad been conceded to Burleigh county and the members from that county sisted upon naming them, otherwise the choice of pagea should go to other j' Mr. Bacon, and Michels thought four Sufficient at Chacey agreed with Mr.

Bacon Mr. Wade'said the agreement only plied to the naming of four pagea. Mr. indorsed miti.tn|ti| Mr.Galbraikh moTed to reeonsIdertW tote bv was speaker app( Messrs. void, and a Mr.

Gulaok moved the appointment of a committee on and per dieoav and the chair named Messrs, Qulack. mBS BISMARCK, NORTH DAKOTA, WEDNESDAY, JANUARY 9, 1901 DISMISSED. Case' Against Mayor Patterson missed on Motion of the State The ease against Mayor Patterson, charged with letting a building knowing that gambling was being conducted therein was dismissed by motion of the prosecution last night. The case came up in Judge ter's chambers. Mr.

Miller for the fense stated thai he had decided that Mr. Patterson would not takfe the stand, and that the state proceed its amination. I Mr. Cochrane for the state said there was evidence to hold the defendant in the possession of the state. He ed with Attorney General Comstock garding the matter and ut length moved to dismiss the action, Both cases were dismissed.

Bond for W. H. Sanderson in the sum of $1,000 was furnished with: E. G. terson and P.

P. Wilcox as sureties, Both were examined as to their property holdings before the bond was accepted THE DAY'S DEVELOPMENTS. W. H. Sanderson was arrested yester day morning on a warrant charging him with having conducted a place of bling, and was arraigned before Judge Winchester, whj issued the order.

derson waived exnmination and at a sequent stage of the proceedings was held to trial in $1,000 bail, which was furnished. When the Sanderson case came up, to the temporary setting aside of the other case against E. G. Patterson, the state moved the court to order the de struction of the roulette table that was seized in the building on Main street at the time the warrant was issued for the arrest of Mr. Patterson.

At this time a bill of sale was Intro-, duced, transferring the offending table from W. H. Sanderson to Ed. J. Berry of Dickinson.

1 Mr. Milleg objected to the issuance of an order for the destruction of the table. He stated: to the court that the table had been seized as the property of Mr. Patterson, and that the warrant had been directed against him. He held that the table, as the property of Mr.

Sanderson at the time it was seissed and not dl- Mr. Patterson could not be stroyed under the law, unless under a warrant directed against Mr. Sanderson. He said that it had also appeared in dence that the table had beeri sold to a third party and that the right of that third party intervened in the case. The court entered an order for the struction of the wheel by the sheriff of the county.

The order was framed by the attorney for the prosecution, Mr. Cochrane and after relating the facts of its capture and detention by the sheriff and the' fact that it had been used for gaming purposes, directed the sheriff of the county to destroy it in the yard of the county jail, by fire. The time was not set for the destruction, as Mr. Miller asked for time to prepare an appeal to the supreme court on a writ of certiorari. He said that the usual time of thirty days ought to be granted, and the order was left undated, the date of the destruction to be fixed later.

Mr. Miller' excepted to the order for the destruction of the wheel. Mr. Cochrane for the state then stated to court that in the Patterson case, the' testimony of the witnesses son and J. P.

Port would indicate that October 5, the defendant in the case bot fee of offending property op the the offense was complained of. While the transfer was secret and while on the records at time complaint was made, the title of the property was in and while the state might have its suspicion as to the good of the transfer, yet this not. Action for setting aside a transfer, and if the witness woolcl iake tha stand and testify that tranter was bona fide dad to its Wa fid4 nature, the state not aak that Mr. Patterson be haiUL 3Sx. Miller for the defense said that he inclined to waive' any of iuu diontV uonBtitutional rights.

If the the 4 Last Night. Evidence Taken Showed that Mr. Patterson Was Not the Owner of The Buildingr W. H. Sanderson Arrested and Held in Bail for Trial in the' District 'Court.

Order Entered for the Destruction of the Wheel Seized, at a Date to be Fixed. examination of Mr. Patterson be confined to an oral questioning as to the bona fide nature of the transfer, Mr. son would take the Ifton the other hand, the state desired to ask Mr. Patterson to produce books and papers of a private nature, and to' secure facts not connected with this case, he would not consent, and was willing the state should proceed with its examination as far as it chose and with what witnesses it chose.

The state was not inclined to comply with the limitations asked by the fense- an adjournment was taken to last night at the office of Judge chester, for the attorneys in the case to come to an understanding in the matter. AT THE ASYLUM. Sister of William Barry, the Milton Slayer, at the Asylum. Jamestown, Jan. Barry, whose Statement to her, brother William brought about the killing of William? Melleu of Milton, was brought to the asylum Sunday evening by Sheriff ertson of Cavalier.

He was assisted in looking aiter the patient, as she is vio lent at times. She is ta 1, dark and tractive. Her face has the usual look of a maniac, with eyes staring straight ahead, and her general appearance is that of an old maid of 25, whose ures in life had been few. She was as sisted from the train to a carriage in waiting, and taken directly to the asylum. There her case was defined as agitated melancholia, a state of mind said to result from too much brooding over one particular subject.

The truth of statements of Miss Barry to her brother have not as yet been investigated, but probobly will be within a week or so. On this will de pend the fate of Wm. Barry, her brother. It is stated that much feeling exists in Milton and Cavalier county against Barry, and there are many who believe he should have hesitated before mitting murder on the strength of the statements made by his insane sister, The affair is looked upon a eoldbloodfed murder by the citizens ally, and it may be that an example will be made of Barry to check the tendency to murder, so prevalent of late in North Dakota, under the plea of temporary in sanity. WILL SHELL OUT.

Thos. Lowry Has Entered the Minne. sota Senatorial Rase in Earnest. St. Paul, Jan.

Lowry has entered the senatorial race. AN ASYLUM HORROR. Rochester, N. Jan. o'clock this morning fire, broke out in the hospital section of the Rochester orphan asylum in an unknown manner.

The identified dead number twenty six dren, one nurse and the cook. BIG DEAL. The Northern Pacific Likely to Sell the Yellowstone Park Hotels. Helena, Jan. big deal is on which will undoubtedly be consumated at the current annual meeting of the Northern Pacific in 'New York.

It is the purchase by the Yellowstone Park Transportation Company of tha hotels and other park property of the Yellow stone Park company. $25,000 FOR NORTHFIELD COLLEGE Northfield, Jan. Strong received a check for Dr. D. K.

Pearson of Chicago, who-bra now paid the college 850,000. He ised it of $100,000 if it could be secured. SUCCESSFUL BURGLARS. 1 Grinnell, Jaa. are holding up Oskaloosa.

Three places Of business were enterexl last successful CONGRESSMAN MARTIN'S' Deadwood, S. Jan, tin, congressmen elect, was able to sit up today tor a short is. believed that the dangerous point of attack of is passed. wpticaMaa devised is Mm at onoe aaid oares piles, motley eexsma and skin dfeattseg. Beware of imifcattoae, S.

Fousth FIVE CENTS Representative Spalding Wins in His Fight For North Dakota The Burleigh Plan of tional Repreeeatatioa Under the Bill GOOD FOR SPALDING. Washington, D. Jan. Have secured an amendtnent to the HopsI kins bill, so we get two members1 ever bill passes. -A A "DROVE" WAITING.

That's the Way Gov. VanSant Spoke of Office Seekers. St. Paul, Jan. annual meeting of the Minnesota State Agricultural Association opened today at the mercial Club.

There was- a fair ance of farmers from all parts of the state. Gov. VanSant, who took the oath of office this morning, welcomed thel delegates. He began by excusing his, tardiness for the reason that there was a "drove" up at the state capitol ing his attention. The reference was meant for office seekers and produced great laughter.

TO HELP BUDGE. Congressman Secures an Extra Clerk for Grand Forks NOT LEGALLY PASSED: Iowa's New Amendment was Not Good and the Old Law Holds. Des Moines, Jan. Dewey day decided at Washington, that the biennial election constitutional ment is void, not having been submitted to th6 legislature in legal form. THEY DIDN'T SCABE.

South Dakota Vigilance Committee is Arrested by Parties Threatened. Woonsocket, S. Jan. number of farmers living twenty miles west of here, organized a vigilence committee, and notified Frank Arnold and Fred Depot to leave the country on pain of being lynched. Instead of leaving Frank Arnold swore out a complaint and had the entire Committee arrested.

KNEESHAW IN WASAINGTON. Washington, D. Jan. W. J.

Kneeshaw of Pembina is in the city. He is receiver of the first national bank of Pembina, and has conferred with Comptroller Dawes. He expects, it is understood, to retire as receiver, on account of his election as judge of the seventh North Dakota judicial UN ANIMOUS FOR GAMBLE, Pierre, S. Jan. R.

J. Gamble has been selected as the unanimous choice of the republican cus for United States senator. SUDDEN DEATH. Helena, Jan. wife of Justice Milburn, died this evening of ia.

Mrs. Milburn accompanied her husband, who was sworn as associate' justice of the supreme court only terday. Ho went to Helena from Miles City Saturday in apparent good healtiu tiJjS 4 First and foremoet in tfie' field of medicine is Hood's Saisapaiilla. It possesses unequalled merit and cures' all diseases caused promoted by impure or impoverished blood, ing irheumatlsan, dyspepsia, All liver ills are cured by Hooa'fi. A report from General McArthur, owved by the wsr department, are 30,000 lepers in the pine lslahds.

£Ee 'W planted is' whoa flje Japanese Smperor eeM )epefs to the to 'W' syfaapj I Washington, Jan. has secured an order an additional clerkfor the Grand Pork postoffice..