Upper Des Moines-Republican (Newspaper) - July 19, 1905, Algona, Iowa THE UPPER DBS year THE year JULY 2 DRAINAGE LAW IS VALID Court Benders Two Covering Three allowed ap new the un The Drainage Work Projected in Most of the Counties Will Now be The most important decision in andone affecting vitally the in terest of the greatest number of was the ruling of the Iowa Supreme Thursday on the Iowa drainage The newspaper re ports make the rulings a sweeping disposal of the objections to the con of the Seldom has any enactment been attacked on so many grounds and so menaced by numbers of The law from the outset had been widely believed be and for that reason boards of supervisors had been holding off for over a fearing to tackle needed It is to be ex that from this time on the dirt will fly on hundreds of drains all over the state and that great good will be There has been con fault found with the law on questions other than those concerned with its but what ever its defects it is the best we are to have for some and no doubt the most will be made of the authority it confers to go ahead and do Following is the Register and Leaders report on the case In two opinions covering three peals in which the validity of the Iowa drainage law was Iowa supreme court yesterday qualifiedly sustained the opinions were among the the most important of the years nearly all projected drainage in the state being tied up awaiting the decision of the supreme court on the In an opinion covering thirty type writen Judge Bishop disposed of the appeal in the case of Sisson the board of supervisors of Buena Vista county in which the of the statute was attacked on a dozen An action was begun in the district court at Storm Lake for an injunction to restrain the board of supervisors from constructing drainage ditches or establishing drainage districts in the It was claimed among other things that the statute was in direct contravention of the constitution and was consequently void that the title was defective in not expressing the subject matter that the legislature had attempted to eliminate the diff between private and public lands that the appeal provided for the property owners deprived them of the right of trial by jury that an assessment greater than the benefit to the abutting property was per mitted that it enabled the board of supervisors to use the credit of the entire or the benefit of a par Judge Bailie in the district court granted a temporary granting in part the prayer of the Both sides the board of supervisors being deter mined to establish beyond a doubt the validity of all the points in question in the Judge Bishop in his opinion goes in detail into the various provisions of the quoting them and explaining He states that the statute in all points controversy is in perfect accord with the In con he states It is our conclusion upon the whole case that there is made to appear no violation of the constitution in any re The injunction should not have been and the lower court should have dismissed the petition Judge Weaver the other which was on certiorari pro instituted in the case of Frank the board of supervisors of Wright county and county The validity of the law was attacked in manner similar to the Buena but Judge Weaver holds as lor the measure as does Judge Judge Weavers opinion is a lengthy covering 20 typewritten pages and goes into the various pro visions in It is said litigation in years has been of so much general interest and importance to the The supreme court officials are in receipt of hundreds of requests for copies of the opinions in the nearly all of the several hundred projected drainage ditches being affected by the lao avowed nominal damages at least where a portion of the ditch or dram crosses his The total number of lineal feet of ditch to constructed in the j oint drain age d is A between and Kossuth feet or a miles number of cubic yards of dirt moved There are also lineal feet of tile to be laid ie figures estimate and are given in the notice which the boards of the two counties have had published calling for bids on the LEW BOYLE Young Man Passes Away Lew son of Boyle of about 30 years of age and died last evening at Pleasant in a of softening of the Boyle went to Madison some six weeks ago to take a position as a guard in the which he had formerly but he was soon attacked with softening of the brain and was cared for at the hospi The remains will be taken to and buried beside the grave of his Boyle left for Pleasant last night to take charge of the MO DIED at Former Political Factor Paul Saturday a prominent public man in this died sudden ly Saturday night in ing just as he was stepping on board of a sleeping car to return to his home in he having been on a land trip through Canada with a par ty of Iowa business McFar land located in Estherville after grad in law at the state university and soon entered He was a candidate for the legislature while Kossuth was districted with Palo Alto and and after Kossuth was made a district by itself he served two terms as the member for the Palo His election as secretary of state followed and he served two terms in that McFarland was well known in Kossuth as a neighbor and his defeat in his first candidacy for the ure was in a convention held in Algo GOEDEN IS Says He Has 825 for Buffalo Evidence Outside of Pucker Brush Terri who came up into this region a few weeks since to distribute among the old announces that he still has left and that he will give to any responsible per son or persons for proof to his satis by that buffalo ever inhabited except in this so called locality in northern Iowa and adjoining As for the locality Gordon seems to give it He does not care to try conclusions even with the adjoining territory and he has seen all he wants of Jimmie The county went all over the district of drain number three last week and decided what damages to allow on each tract but no official action will be taken fixing the allowances till the next which it is expected will be called as soon aa the required bonds are filed to secure the payment such Titonka Topic Supervisor Hall us Surveyor Lilly has been ordered to takea survey of the Portland and German drainage ditch es to begin this Those interested in German township are very anxious that the improvement begin without Swea City Herald All members of the board of supervisors with the ex ception of Jacobson were here on Tuesday going over the county ditch 3 with Auditor Potter and Survey or The damage committee on this drain allowed but the board has revised the same and allowed 92 It is probable that every own NEWS The Burt creamery paid 22 cents for June butter Lon Whitehill of Burt has bought a machine for making cement blocks and will see what can be done in their The Germania Standard says that unless some unforeseen enemy springs up to destroy present prospects Koss uth will have the largest small grain crop ever Burt has beaten Lone Rock at ten nis with Hardy Buell and Oar ver maintaining her claims against James Kerr and Josh Of course they will try it Germania has just adopted an or transient merchants and them at to a People who come in there to unload bankrupt stocks will pay for the Kyler who with his wife went out to the Epworth League convention at Sprints writes to the News that up crops anywhere any considering than between Lu Verne and Fort Moses one of the pioneer settlers of the has passed His funeral was at Whitte more on The was the father of with whom he made his home for many Charley Nass of who died of internal injuries caused by fall ing out of a buggy and being run over on the had insurance in the Woodman order which goes to his wife and three small The burial was at Iowa White of the Whittemore Champion writes to his paper while en route to the west coast that North Dakota looks but like Iowa is suffering from too much rain and too little Everything is shorter and more backward than in HOME FROM TRIP TO COAST Lawyer Curtiss and Wife Reach Home Sunday After Delightful Nothing for Hunters for Employ ment West of the Cascades Spokane and who left in company with and for the northwest coast early in arrived home on the early morning train from They were in company with and Adams till the main objective was reached and the exposition Banff was the first place on the trip Paul over the Canadian Pacific road where a halt was At Banff is the Canadian national world famed for the beauty of its mountain The park has a glacier as one of its and at the next a combination of and glaciers bewilder the visitor with visions of the Laggin sta tion is feet and feet higher is Lake where is the Lake One thousand feet above this is Mirror and feet higher a third The lakes are fed by a giant 300 feet in thick filled in between mountain rid The lakes In the as they are abound in some of which were the prey of the Algona The most magnificent drives have been constructed by the Cana dian Pacific through this elevated re spanning canyons and swift mountain scaling summits and tunneling A heavy build of wagon is run over these perilous leights by trained Cur tiss counts this one of the most beauti Eul spots on the The party spent two days at Van on the way out and went on o the capital of British and a very beautiful city of Eng an easygoing place where no body but the tourist ever gets in a Victoria has many great of Englishmen sequestered in parks of ten acres and and in closed by well kept The show of shrubbery and flowers is marvel and as for Curtiss declares they are as big as The government build ing are very interesting to the American The Seattle region contained at tractions to compel a weeks After a day and a half in the city of which Curtiss regards the coming Chicago of the north a journey to the Olympic Mountains took them into what Curtiss de clares is the wildest region out of Cushman Lake is one of the most attractive points to proof of which proposition is in fact that it is a favorite fishing ground of While the Algona party were quartered at the lodge which is the home of all wayfarers in those parts a bear came down out of the mountains and carried off a The visitor here is close to the heart of It has not been overrun and spoiled by the stogies of Five days were given to a sizing up of the Portland which is a very more compact than the recent One of the attractions is the illumination at which is claimed to exceed in beauty anything at Chicago or On the return trip and Curtiss spent a week at from which a side trip was made to the Couer de Alene where lead mines are operated which supply half the lead ore product of the United The 3rd and 4th of July were spent in this wild section of Curtiss says that west of the Cascades the except for the lumber industry is At Seattle and other coast points there are twen ty men after every The rule has been for everybody in search of fort une or employment to go clear through to the and the consequence is that the country is overrun and over But with Spokane Curtiss was There is no boom out but a consistent development which has made one of the most pros and cleanest cities of people in the Rob Warren is enjoying the beaming smiles of Percy Ball is in Comstocks and he says nobody need look to see him Both Corn stock and Eugene Shadle are build ing beautiful new houses on Cannon hill overlooking the Hunter does upholstering give him a call We have a little money to loan on town HOLMES Call From First Congre Church at ular Pastor Spends Sunday There Friday last Holmes re the following telegram July H Algona Church gives you unanimous Wire at our ex pense if you will preach for us next Holmes visited Muscatine and spent Sunday in the It develops that the Muscatine church has had a committee in attendance upon the ser vices in the Algona church on at least two Sundays Holmes has declined to go to churches as a candidate and would not have gone to Muscatine as But after a call had been extended without any prom ise or encouragement from he felt that a visit was His going did not signify whether he would or would not Muscatine is one of the important cities of with a lation of upwards of In and the First Congregational is one of the historical churches of the denomi nation in the Holmes is one of the strongest and most popular ministers In this section and is not on ly an able and acceptable but is genial and interesting His decision to leave should it will be keenly out side as well as inside the The Algona pulpit was ably filled on Sunday by President Tucker of the Memorial University at Mason The first of the summer series of Un ion Sunday night meetings was held in the Baptist church at 8 oclock Holmes arrived home from Muscatine this He says he declined to commit himself on the question of accepting the call of the It is presumed that a decis will soon be SAWVEL AT With the War Department Exhibit at the son of Sawvel of this who contributed the illustrated article appearing in this paper last month entitled The Big pun on is spending the season at the Lewis and Clark Ex position at he having been to go there with the war de He writes that he will be pleased to show the department exhibit to any Kossuth County people who will call for him at the govern ment MONEY GOES FOE Bids on Proposed Floral Hall Beyond Limit of The building committee of the agri cultural society met at Whittemore Monday to receive bids on the con struction of a floral hall at the fair plans for which had been accepted the week The plans were drawn for a build but the lowest bid received was This being outside the limit placed upon the the committee by the no contract was The contracters did not like to take the re sponsibility of completing so large a building in the short time remaining before fair aa a great deal of the lumber would have to be ordered and Under these the committee decided not to attempt the of the floral hall this but instead to build more barn ut up hog and sheep fix up the grounds and wait another year for Receiving BO donation from he and failing to secure all money the committee will not have as large a fund to work with as they hoped There has been a suggestion made hat a large tent be used this year to take the place of the anticipated floral in addition to the build ings already would give sufficient room for a large ON THE LAWING AT WHITTMORE Assault and Battery Case at Whitte more Results in What Made Milwaukee Famous Brings On Another Suit and Lawyers Change Clients Litigation was active at Whittemore County Attorney Harring ton In the forenoon prosecuted Henry and John Larson for assault and battery committed upon Frank near the offense being provoked by a disagreement between the Larsons and Rich over the settlement of some work done by the Larsons for Cot ant defended the Larsons and secured the acquittal of while Henry was found guilty in Fred Wagners coart and fined and An appeal bond was put but a settlement of the case was Justice Wagner remitting of the In the afternoon the tables were the Larsons turning and a warrant was sworn out against charging with the sale of Intoxicating liquors con trary to In this case Har rington was called upon to prosecute Rich and Cotant The evidence showed that Rich had ordered some beer the Larsons and that it was con between and that all chipped In their share of the was discharged by Justice and the legal bouts of the day were brought to an OFT Judge Reed In Federal Court Sustains Demurrer of Attorney George Jte George Clarke yesterday received from Judge Reed of the federal that his demurrer filed at the re ent term at Fort Dodge in the case of Harrison of Topeka against Clarke of Algona had been sustain The demurrer was against an tern of claimed by amages because of the failure of the defendant Clarke to build a trolley line Mille Lacs Harrison that Clarke agreed to build the Ine so as to take care of the traffic to he where the land was bought where a summer resort was to be If Judge Reed stands by him m a few more items that the Algona attorney will ask him to strike out of Harrisons the sum eventually in will be reduced to about An Interesting Trip To California The Union Pacific and Southern Pa Lines closely follow the path of ne which has be he shortest and best road to San If the continent n one of the tourist sleepers of this ine you will enjoy your trip and save Inquire about ow rates to California of Lo max Union Three Men Killed and Two Fatally Injured A wreck on the Iowa Central near Friday caused the death of three Engineer Jesse Fireman Will West and Brake man Samuel and the fatal injury of Engineer Carl Williams and The for ward engine of a doubleheader freight train jumped the track close to a bridge and went into the creek be taking the other engine with and the engineers and firemen had no chance to jump for their lives but went down under their A tank of oil behind the engine burn ing the bodies of the dead to a The freight cars piled on top of the wreckage and six were The bridge also was Insist on Taylors Ice Cream and for this leiling a staple line of goods direct to amily Goods In daily use in very Position No money No experience nec essary very profitable liberal cash jommission territory protected es 25 years capital Highest bank Write at Great Eastern Coffee Tea FARM From now on for Farm Loans at the owest rate of make applica on at the Kossuth County S ELLIS SELLS Swea CUr Herald does to Hubert Burma of Hubert Burrus and wife of were in Algona this morning In route for Swea he having purchased the paper and office build ing and being under contract to take possession August apd Burrus have run a paper at Columbus for some Ellis Is to re main In the county but the state of his health forbids of the NO SYMPATHY POE State meeting of Druggists Discussion of Parsons Is Put on Committee on The Des Moines Capital in its re port of the convention of druggists in that city last week said All dis cussion of the liquor selling question was promptly squelched at the bus iness meeting of the Iowa Pharma ceutical association held this morning in the Elks club Two new members brought the question up and it was prompt y referred to a com which will report The present state law concerning liquor selling permits is largely the result of the rank violation on the part of a few disreputable The better class of pharmacists are represented in the present Accordingly they feel that they have suffered enough because of the out laws and they do not intend to take up a question which is so complex and so unlikely to be solved through any action they may Numer amendments have made the pres snt law very difficult to as illustrated in the recent decision of an Iowa judge in regard to malt prep The committee appointed o the question for the drug gists consists of the following men Halestad of chair man Parsons of and George Peterson of Bailey for Hampton Chronicle While two million people of this state were pound ering their brains and Who shall be our next governor aned In the northern part of the state comes to the front no lesser per son than Bailey of That a pro phet Is without honor in his own state be for honestly we had never thought of Bailey as any good or gubernatorial But once iet our attention be directed on the right and we see him as he a man of the an ideal man or governor of this and in every sense of the word a big Of he will be our next for at his first opportunity consented to be a and has even commenced to select his staff His candidacy has been taken se at they have named a of cigars Bailey the guaranteed to be purely This was to get the farmer Bailey feels so good over it that ho las started his and like a noble he celebrated the fourth In three different hur from one to another hobo con vention and told the Garner people he wants the court house to stay In Gar He has offered terms to Cummins men by saying he would stay away from Des Moines when the second house of the next general assembly chooses He has called off his annual auction sale of delinquent debts to get that He has all the newspapers with The far mers are for him because he is a far or rather Bailey of Britt will control the next state convention while Perkins and other will sit in the body of the hall and look with envy upon this new king of the people as he de livers his speech of Now that we have our next governor lets all pull together for the state Cider vinegar for ALICE Sept 6 Money to loan at 5 gard per A Certif of With the County Savings Bank Draws interest and you can get your money without fail when it is You will not be asked to wait till we sell our Dakota or Canadian nor need you wonder if you will ever get your money back OFFICERS DIRECTORS President Vice Vejer Spear Podda Andrew Peterson hay ft tew 9
