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^JV IMVORTANT FROBATE DECISION.
A Order Entered Rejecting: Stewnrt'
Investment*, as Guard an and Executor--
Nnmeroiu ease*, in other ConrtsMiuor
Sometime in 1860 a gentleman from t,he
East named Perdue, came to St. Panl for his
health, and we believe died here. Subse
quently his widow made a will appointing
Dr. Stewart her executor and guardian of a
minor child. Mrs. Perdue then having died
the executor and guardian proceeded to ad
minister the estate. Suit has
now been brought to overthrow
the settlement proposed by the executor and
guardian, and Judge O'Gorman yester
day filed the following important ordeis in
the probate court:
[Before Judge O'Gorman.]
I the matter of the exammatian of the
account of Jaco Stewart, Guardian of
Charrie A. Perdue, minor, the account of
said gnardian was filed in this court Octo
ber 8t 1877, and pursuant to orders duly
made, entered and published, came on for
examination on the 29th day of December
Said guardian appeared in person and by
his attorney, Henry J. Home and Warner
and Granger appeared as attoneys of said
minor and objected to the allowance ot said
account as presented whereupon the com
proceeded to the examination of said account,
a nd from the evidence introduced at the
hearing thereof finds
That on the 18th day of Septomber A.
1865, Jacob Stewart was duly appointed
by this court and qualified as the guardian
of Charrie A. Perdue a minor, upon
he petition of Mary E Perdue the
mother of said minor.
That on Januar 2d, 1866, said guardian
filed in this court an inventory of the estate
of said minor, describing lot four, block live,
Leech's addition to St. Paul, which was ap
praised by the appraisers appointed in said
matter by this court at the snm of i$s3,.*(X)
a nd on the same day said guardian filed in
this court a petition for license to sell said
lot for the support, maintenance and educa
tion of said minor. That said petition was
heard and license to sell said lot granted by
this court on the 9th day of March, A.
That on the 6t day of Apiil, A. 1866,
said gnardian sold said lot under said
license to one Stephen Mann for the sum of
$3,500.00. That said sale was reported to
this court on the 7th day of April, I860,
a nd on the same day the said sale was con
firmed by said couit, ad the said sum of
%3,500 received by said guardian as the con
sideration of such sale.
That previous to March 8th, 1866, Jacob
H. Stewart subscribed for (in his own name)
certain shares of stock of the Music Hall as
sociation, commonly known as Opera
House stock, and that he
paid in, on such subscription,
he sum of one thousand dollars, by checks
upon his own bank account in the Second
National Bank of St. Paul, at the dates and
in the sums following, viz:
March 8th, I860, $250 payable to J.
Merriam, Esq., treasurer or bearer.
June 26th, 1866, $125 payable to Col. Mer
riam or bearer.
August 7th, 1866, $125 payable to John
Merriam or bearei.
September 6th, 1866, $125 payable to Opera
House company or bearer.
November 10th, 186 $125 payable to
Opera House company or bearer.
December 14th, 1866, $125 payable to
Opera House company or bearer.
December 29th, 1866, $62.50 payable to
Opera House company or bearer.
January 18th, 1867, $62.50 payable to
Opera House company or bearer.
A nd that there was issued to Jacob
Stewart three certificates of the stock of the
Music Hal association, as follows:
O ne certtficate of ten shares of $50 each,
November 5th, 1866.
O ne certificate of five shares of $50 each
ay 15th, 1867.
O ne certificate of two shares of $50 each,
ay 29th, 1867.
That said guardian claims to have made
said investment in Opsra House stock for
the benefit of his said ward, and with money
belonging to the estate of the said word.
That at the time said stock was subscribed
for, and at the time the first installment was
paid thereon, viz: March 8th, 1866, said
guardian had no money in his hands or un
der his control as such guardian, and that he
received no money as such guardian prior to
April 7th, 1866. when he was paid $3,500,
he consideration of the sale of said lot as
That on December 31&t, 1868, said Jacob
H. Stewart filed in this court his
account as guardian of said minor, subscribed
a nd sworn to by him, which does not show
that any of the funds of the estate ot said
minor was or had been invested in Opera
House stock, nor has theie been at any time
a ny report or paper filed in this court, pre
vious to the acconnt of said guardian, now
under examination, showing any such in
vestment of the funds of said minor, nor
a ny claim by said guardian, that such invest
ment had been made for said estate ot said
That said investment was considered a
good and safe investment at the time it was
made, but that said stock is now worth not
more than one half its face value.
That the accounts of said guaidian on file
in this court show that he leceive moneys
belonging to the estate of said minor, as
such guardian, as follows:
April 7, 1866,1 from sale of lot as
aforesaid f3,500 00
April 23, 1868, interest on money ad
vanced to estate of Mary E Perdue 211 50
Total $3,711 50
That said guardian did not keep the money
so received by him in a separate fund, but
mixed and deposited the same with his own
private funds, in his own name, and drew
upon such deposits both for his own use and
for disbursements made by him as guardian,
and that he used the funds belonging to said'
estate for his own use.
And upon the foregoing finding of facts
the court holds as
CONCLUSIONS OF LAW,
that said sum of one thousand dollars invas
ted in stock of the Music Hall association
commonly known as Opera^House stock- was
not invested by said Jacob H. Stewart as
guardian of said minor, nor for the benefit
of her estate that said Opera House stock is
not and never has been the property of said
estate, but such investment was made by
Jacob H. Stewart for his own private use
That the item in said account, "Paid for
stock in opera house $1,000," cannot be al
lowed as a disbursement made by him, of
the funds of said estate, as guardian of said
That said guardian should be charged in
said account with interest at the rate of seven
per cent, per annum, on all sums received by
him as guardian as aforesaid, from and since
the time he received such sums respectively:
and that he be credited with interest on all
sums disbursed by him as such guardian and
allowed in his accounts (as shown in the
statement adjusting said accounts and order
allowing same as adjusted, this day filed in
this court), from and since the time of such
respective disbursements, at the same rate of
No elaim for counsel fees in the
l/etttidaigogot 1 adjusted in conform-
ity with this decision, and settled and allowed
as and when adjusted.
[Signed] HUNBY O'GORMAN,
Judge of Probate.
Sr. PAUL, Feb. 8,1878.
In the further matter of the examination
of the account said Jacob H. Stewart as
executor of the estate of Mary E. Perdue,
the court found the item of $1,000 claimed
to have been invested by said executor in
certain oil stocks, which stocks are now en
tiiely valueless, which sum of money
said'Stewart claims was left with him by the
deceased for such particular investment.
The finding of the court is mainly embraced
in the following words.
-That said sum of one thousand dollars
left in the hands of Jacob H. Stewart by
Mary E. Perdue, was not invested for her
that said executor should have returned the
same in his inventoiy of the estate of said
Mary E. Perdue, deceased, and should have
accounted for the same in his accounts: that
he is chargeable in his accounts with said
sum of. one thousand dollars, together with
interest thereon at the rate of seven per
cent, per annum from and since the date of
his appointment of executor of said estate,
viz.: May 2d, 1866.'"
The order adjusting the several accounts
in this case will probably be filed to-day.
THE DOBSEY ESTATE.
In the estate of Robert A. Dorsey the
bond of administrator was filed and approv
ed and letters of administration were issued
to Webster Smith.
[Before Judge Simons.
Norman W. Kittson vs. City of St. Paul.
[Before Judge Wilkin.]
Fanny S. Wilderrol vs. Franklin De Cou,
et al. Memorandum on settlement of allow
ance of case.
[Before Judge Brill.]
P. V. Giiggs vs. Bruggeman. Ordered
that the plaintiff, a non-resident of the State,
giye bonds for costs before the case is called
for trial, and in default thereof, that the case
The National fire insurance company, of
Hartford. Conn., vs. the Hanover fire insu
rance company. Settled.
The National fire insurance company, of
Hartford, Conn., vs. the Germania fire in
surance company. Settled:
Robert A. Hurst vs. Marston & Co. A
sealed vertict was returned by the jury
shortly after the evening adjournment of the
[Before Judge Flint.
The city of St. Paul vs. George Pratt,
drunkenness. Plead guilty, and was fined
$5 and costs, and committed to jail for seven
days in default.
The city of St. Paul vs. Charles Hawkins,
drunkenness. Plead guilty, and was fined
$5 and costs, which were paid.
The City of St. Paul vs. Elvida Gonyea
assault and battery. Fined $15 and costs.
The City of St. Paul vs. Sylvester Mon
teur: drunkenness. Discharged from jail in
consequence of sickness in his family.
The State vs. Joseph Hale: larceny. Com
mitted for two weeks.
E. M. D. Wright vs. P. J. Eagan. Action
on account. Judgment in favor of plaintiff
THE PAGE IMBROGLIO.
Fresent Aspect of Ihe CaseThe Judge's
Adherents Satisfied, if not Jubilant
Outline of the Testimony presented Yes-
terdayA yew Batch of Witnesses Arrived
The Page impeachment continues to drag
its slow length along. The committee hav
ing held, yesterday, a morning and afternoon
session, and adjourning at a late hour to
nine o'clock this morning. The nature of
the testimony given yesterday cannot be ac
curately or even approximately stated, furth
er than that its general bearing was decided
ly in favor of the accused, and in direct con
travention of that adduced on the part of the
prosecution. Indeed, it I already pretty
generally admitted by the partizans of both
sides, that in all the material points of the
case as thus far exhibited, there is a direct
conflict of testimony which c-*ir.^+
nmvgmm "iBGft," UIU
any possibility, reconciled, but must be
weighed and adjudicated o.i the theories of
probabilities. In plain phiase, in reaching a
conclusion, the committee will be under the
necessity of accepting the testimony of one
side, and rejecting wholly that of the other,
and vice veisaso direct and conflicting has
it been from the outset.
During the forenoon session, Judge Page
himself was the only witness examined. In
the afternoon, however, some five witnesses
gave in their testimony, the leading points of
which the GLOBE reporter succeeded in
gleaning as follows:
J. M. Greenman, attorney and counsellor
at law, in Austin, testified in relation to the
Cuddy, Collins and Meany wniskey prosecu
tions. He stated he was the attorney for
these parties, who were prosecuted for non
payment of the inebriate asylum tax that
there was never any argument on those
cases whatever, but that judgment was af
firmed by consent of the defendants.
E. O. Wheeler of Austin, testified that in
the Woodard case where Judge Page was
charged with having entered up judgment
(ho being a party to the case, he, Judge
Page ,never made an order therein, but that
the clerk entered up judgment, the same as
it the matter had come into his office bv de
F. A. Richardson testified in relation to
occurrences at the celebrated whisky riots in
Austin that there was great rioting and dis
turbance at the time Judge Page came on
the ground. In his testimony he emphati
cally contradicted that of Baird and others
of the prosecution.
Frank Ticknor, merchant of Austin, and
Messrs. Greenman and Wheeler all testified
to the character of the charge made by Judge
Page to the grand jury. The testimony of
Messrs. Ticknor and Greenman was cor
roborative in all respects to that of O. E.
Wheeler heretofore given in these columns.
Hon. Gordon E. Cole, of Faribault, was
also one of the witnesses examined yester
day. His testimony was. in relation to the
Davidson and Basford libel suit and was to
the effect that it was through his (Cole's)
personal solicitation as attorney for the
parties that Judge Page consented that a
nolle prosequi be entered in the case.
The above is substantially the drift of the
testimony given yesterday, as far, at least,
as could be gleaned under the peculiar cir
cumstances of the case. Every day the com
mittee apparently became more hardened in
the quality of non-commitalism and in the
determination to keep the gleaners of news
in the dark as to what is transpiring within
their closed doors. The afternoon session
lasted until nearly half-past five o'clock,
when the committee adjourned to 9 o'clock
Late last evening, THE GLOBE reporter
learned that ten or eleven witnesses, all sub
poened in behalf of Judge Page, had just ar
rived, and would (some of them at least) be
called to testify this morning. From present
indications it is not probable that the
testimony will be closed before Wed
nesday of next week, if then.
The first grand annual subscription mas
querade of the German society will come off
ftb the Athenaeum on Monday next,
rf ^'^*v H^^^^
OUR COUNTY AFFAIRS.
.1 FIVE YE All OLD CLAIMj FOR $900.
The Boffus Interview* in the Pioneer-Press
A Peculiar Claim for $900It Dates From
1873Couldn't be Presented Sooner Be
cawe the Newspapers Howled.
The special meeting of the County Com
missioners was held yesterday afternoon.
Before the President called the meeting to
order, great amusement was created by the
President reading from the Pionee/--Press an
imaginary interview with members of the
board. Mr. Dawson said he was quite sur
prised to discover what an eloquent man he
had become, and how versed he was in
choice and elegant expressions. Mr. May
nard could not understand how a man could
be interviewed unknown to himself and Mr,
Miner, had not only not seen an interviewer
but had never uttered one word attribued to
him. The whole matter was food for much
merriment and considered a good joke.
When the roll was called all answered to
their names except Mr. Hunt.
A petition from Mounds View township,
school district, No. 20, was read asking the
board to discontinue that part of Hennepin
No. 2. district in Ramsey county, and asked
that the same be attached to district No. 20
in county of Ramsev.
The petition was referred to the committee
A petition asking that the St. Paul and
Centerville road be restored to the proper
line and made passable through section 16,
Referred to committee on roads and
A $900 CLAIM.
A petition from M. B. Farreii for an al
lowance of $900 over his contract for build
the "temporary court house." He states in
the petition that he found before he signed
the contract that he had put in too low a bid,
and some members of the board had told him
that if he signed the contract, an allowance
would be made.
The petition was discussed at length, Mr.
Maynard stating that if he had put the
$900 in his bid he would have lost the con
tract. He wanted to know what would be
the use of contracting if contractors could
come to the board and get any sum over the
contract price that he might ask for.
Mr. Lindeke contended that the petitioner
could not expect the board to take cognizance
of the petition. If the petition were all
true, Mr. Farrell could have no claim.
The president wanted to know why this
claim originating as far back as 1873, was
not presented before. Mr. Wagner understood
Mr. Farrell to say to him that he had done
work not in the contract for which he now
makes his claim.
The contract was then read by ho auditor.
The president asked for the petition to be
read again, pointing out that the petitioner
admits that the mistake was his own.
^The auditor stated that the original con
tract was for $7,700, and the petitioner had
already received $9,517.91.
The petition was then laid over till next
meeting to give petitioner's coun
sel an opportunity to attend.
THE ALMS HOUSE AND HOSPITAL.
The next business brought before the board
was the appropriation of the $1,000 for the
alms house andhospital.
Mr. Miner was not content to vote money
for what he did not understand. Since the
last meeting he had looked at the books but
he could not tell from them what the money
was laid out for. He saw $50 for this, and
$100 for that, bnt he would like to see in
voices to know what prices they paid for
things purchased. He did not doubt the
books were kept all rightthey looked to be
in first-rate order, butjbe wanted invoices for
his own information.
Ultimately the appropriation was allowed.
THE 1AEBELL CLAIM AG\LN.
Mr. O'Brien coming in, the petition of
Mr. Farrell was re-considered.
The president, addressing counsel, said
that the original bid was $7,700, Mr. Farrell
had been paid $9,517.91, the overplus being
for extra work, but what he now claims is
not for extra work.
Mr. Farrell was sworn, and gave his case,
stating that when he made the bid he left
out the $900, because he depended upon
the agent of the Detroit iron works to give
his prices for doors. He was too late to
alter it, and when the mayor, Mr. Stewart,
told him the contract had been awarded to
him. he said he could not take it. He was
told by members of the committee to go
ahead, the season was short, and they would
put it right.
In examination by Mr. O'Brien, Mr. Far
rell stated that the whole board promised he
should have the money, except Mr. Lindeke.
He would at least be $900 behind if he got
this claimhe had figured so close. He
would not have gone on with the contract if
the board had not promised to pay him
Mr. Lindeke questioned the petitioner
about his assertion that the board said they
would pay if he would wait till the howl the
papers were making about extra work had
died out. He said Mr. Blaisdell was one
who said so.
Mr. Welch was questioned. He said some
fault had been made in the papers about the
brick used, and he went down to see when
Farrell told him about the doors and win
dows being omitted in the bid. He said if
he made his claim, no doubt the board would
give it consideration.
Tne president asked Mr. Welch why the
board did not allow the claim before. To
which Mr. Welch said he supposed there
was some suspicion.
Mr. President asked if he remembered the
board saying that they would allow the
claim if he would keep still until the howl of
the papers had died out.
Mr. Welch did not recollect that. The
president would feel greatly ashamed of any
such assertion from the county board.
Mr. Sheire (architect) was questioned, but
did not hear anything of the claim until the
building was considerably advanced.
Thought at the time of reading the bid that
Farrrell would lose at least $1,000. He most
undoubtedly had omitted something.
Mr. President asked if Mr. Sheire recol
lected if any other bids were made. To
which he replied there were three or four, one
lower than Mr. Farrell's.
The auditor then referred to the bids, from
which it appeared that Alex. Porter bid
The President would like Messrs. Berkey,
Hoytand Brainard to be present.
Mr. Maynard did not propose to hold a
special meetingit could stand over till the
next regular meeting.
The President thought it the duty of any
public man to make a close scrutiny into any
old claim before it should be allowed, and he
certainly would not vote for it without the
most convincing proof of the justness of the
Mr. Lindeke stated that no such state
ments were made before him as those assert
ed. The only man on the board who spoke
for this claim was Mr. Blaisdell. He would
be willing to attend again to-morrow so that
Mr. Brainard attended.
The President said they could sit without
charging the county three dollars.
The board then adjourned till this morn
ing at 10 o'clock.
The rink of John X. will be the attraction
this eveningsplendid ice,fireworksand the
Great Western band,
THE ST. PAUL DAILY GLOBE, SATURDAY MORNING, FEBRUARY 9, 1878.
ANOTHER DAY O SOLID WORK.
Compromising With Seymour, Sabin & Co.
Reducing Homestead ExemptionHow
Shall the Reform School be Supported
The Text Book Special Order in the House
Next FridayTlie Bridge Bills Coming
InBoth Houses Adjourn to Tuesday.
The resolution in yesterday's report for a
settlement of the old railroad bonds was
presented by Senator Edwards, instead of
Senator Edgerton as reported in THE GLOBE.
As known probably to most, if not all the
readers of THE GLOBE, there is a controversy
between the State prison contractors, Messrs.
Seymour. Sabin & Co.. and the State, as to
the terms of the contract. With a view of
an equitable settlement of the points in dis
pute, Senator Waldron yesterday introduced
a resolution for a commission of three to
adjudicate the matter. The resolution names
Gen. H. H. Sibley of this city, and Mr. J. W.
Johnson of Minneapolis, as two members of
the commission, and empowers them to name
a third. In another column will be found the main
points in a controversy between the South
western railroad company and the Southern
Minnesota extension company. The subject
matter of the dispute has now been intro
duced into the Senate, by the introduction of
a bill by Senator Goodrich^ granting the
lands vested in the State from Winnebago
City to the western boundary of the State to
the first named company. A lively senatorial
fight is anticipated.
To Senator Pillsbury is due the credit of
introducing a bill limiting homestead ex
emption to $3,000. Whether the figure
given in the bill is the proper sum THE
GLOBE reporter is not prepared to say, but he
is decidedly of the opinion that there should
be a reasonable limit made to such exemp
In committee of the whole the bill amen
ding the act relating to the State reform
school was considered at some length The
main features of the change proposed is to
make boys sent to the school by conviction
of crime a State rather than a county charge.
The change was supported by Senators Ed
gerton, Nelson, C. D. and J. B. Gilfillan and
Norton, and opposed by Senators Donnelly,
Mealey, Drew and Henry. The claim made
in support of the change is that the State
having adopted the plan of caring for crimi
nals at the general expense, it was unjust to
make llie invidious distinction against this
institution, the more especially as the great
aim of the institution is to take youths, be
fore hardened in crime, and by
a judicious course of treatment, leaving them
trades, and by the inculcation of wise coun
sels and sound principles transform them
into honorable men, thus not only saving
them to lives of usefulness but benefitting
the State in making them self-supportin"
instead of leeches upon its bounty, as would
lae the case in nine cases out of ten, were it
not for this institution. This seems to be a
correct view of the case, but as a majority
of the pupils came from Ramsey and Henne
pin caunties, the county members generally
will probably vote against the measure. At
least Senators Edgerton and Nelson were
the only ones to raise their voices in its sup
port yesterday. Perhaps if Ramsey and
Hennepin counties were not quite so fiee in
voting to tax themselves for the benefit of
the country when in distress, their just claims
when presented, would meet with a little
more consideration. Who can tell. The
following is the
S T. PAU L, Feb. 8, 1878.Senator Clements
presented a petition of ladies of Northfield
asking a law prohibiting the manufacture and
sale of liquor in that place.
By Senator WaldronFrom the joint com
mittee on State prison, to provide for the ap
pointment of a commission of three to settle
all matters in controversy between the State
and State prison contractors, naming H. H.
Sibley of St. Paul and J. W. Johnson of Min
neapolis as two members of said commission,
they to name the third.
By Senator DrewTo legalize certificates not
recoided in proper form, etc.
By Senator CloughAuthorizing the city of
Austin to ibsue bonds for court house purposes.
By Senator GoodrichGranting certain lands
vested in the State lying west of Winnebago
City to the western boundary of the State, to
aid in the construction of the Southwestern
railway, to run from Winnebago City to the
State line on the west, with a branch line from
Mankato southward to Fairmount, Winnebago
City and Blu Earth City.
By Senator LangdonTo amend the act of
incorporation the Hastings & Dakota rail
By Senator C. GilfillanMaking the em
ployment of children under 14 years of age as
beggars, acrobats, etc., or cruel treatment of the
same, a misdemeanor.
By Senator PillsburyAmending the home
stead exemption act. Fixes the value of prop
erty exempt at $3,000.
By Senator EdgertonRelating to the gross
earnings of railroads, lists of lands, etc.,
changes the time for making reports from April
to March. Passed under suspension of rules.
SENATE BILLS PASSED.
Relating to clerk hire by the treasurer of Wi
Abating penalties for non-payment of taxes
by grasshopper suffeiera.
To incorporate Ihe village of Cokato in
To incorporate the village of Lakeville.
Relating to school district in Sueur countj.
HOUSE BILLS PASSED.
To incorporate the village of Excelsior, Hen
To amend the act authorizing Stearns, Pope
and other counties to issue bonds to aid in con
struction of railroads.
COMMITTEE OF THE WHOLE.
In committee of the whole, Senator Nelson's
bill for foreclosure by action, and the bill for
making boys sent to the reform school, for
a criminal offense, a State charge, were con
sidered at some length, but without final ac
Adjourned until Tuesday next, at 8 o'clock
In the hurry of reporting the debate on
Mr. Brandt's bill relating to legal publications
on Thursday afternoon the position of Mr.
Bohan was incorrectly reportedthe GLOBE
reporting him as opposing the bill. This
was not the case as it was Mr. Hick's amend
ment and not the bill that he objected to.
What Mr. Bohan said substantially was that
the bill was a just and good one, of a nature
such as he would have introduced if Mr.
Brandt had not done it that he would have
made it more favorable to the classes intend
ed to be benefited thereby, and that he would
give them the publication not only in their
own papers bnt also in their own language.
For several days past, petitions on the
Page impeachment and the Merrill text book
bill have become staple, and in this particu
lar yesterday was no exceptionseveral of
the latter kind coming from Houston and
Nicollet counties, having been read.
Several bills were passed out of .the usual
order, among them the memorial to Congress
for the improvement of the Mississippi
rivw, not, however, before the bill bad been
T^JPWH w' W I'HjigjiMtiiil*
so amended as to read from St. Anthony
Falls to New Orleans. On the amendment
above stated St. Paul made no opposition
whatever, the special committeeHicks and
Reaneyreporting back the amendment.
Among the bills introduced yesterday, the
most important was perhaps that from the
grasshopper committee appropriating $150,-
000 for the purchase of seed grain for the des
titute. The necessity of such a measure is so
universally acknowledged that it is probable
no serious opposition will be encountered in
the passage of the measure, and none shoidd
be. A bill was also introduced for the ap
pointment of a commission of three, (con
sisting of Gen. H. H. Sibley of St. Paul, and
J. W. Johnson of Minneapolis, with power
to appoint the third,) to settle all matters in
dispute between the State and Seymour,
Sabin & Co., State's prison contractors.
The afternoon session was long, tedious
and generally uninteresting. Most of the
bills disposed of in the House or in commit
tee were of a local character and therefore
not specially inviting to the general listener.
In committee of the whole a list of nearly
fifty bills confronted the members who were
anxious to get through and take advantage
of the recess they had voted themselves in
the morning. The first bill on which a hitch
occurred in committee was that reported
from the judiciary, relating to a revision of
the constitution. Mr. Dresbach. of Winona,
moved a favorable recommendation, which
was followed by a motion for indefinite post
Quite a lengthy discussion ensued, which
was participated in by Messrs. Hinds, Hicks,
Purdie, Dresbach of Winona, and others.
The drift of the discussion was apparently
against the bill, only on the score of expense,
however. Almost every speaker admitted
the propriety of a revision of the organic
law, but was afraid the State was not in a
condition to stand the strain. The final dis
position of the matter, however, was making
it the special order for Thursday next at 11
The following is the
Sr. PAU L, Feb. 8.On the favorable report of
the delegation from the 41st distiict, Messrs.
McCrea and Holton, to which had been relened
the Jiill authorizing the commissioneis of Otter
Tail county to issue bonds to the amount of
$5,000, the rules were suspended and the bill
Mr. Bohan offered the following resolution,
which was lost:
WHEREA S, There is a general inqnirj by the
people of the State as to the progress of the
text-book bill, and whereas petitions ate being
received by this House in relation to the same,
therefore be it
Resolved, That 10,000 copies of said bill as it
has passed the Senate be ordered printed for
distribution among the people of the State.
PASSED UNDEB SUSPENSION.
On motion the rules were suspended and
Senate bill, relating to the city of Austin, in
Mowei county, was read a second and third time
On motion of Mr. Denison the rules were
suspended and the bill authorizing Rice countj'
to convey certain real estate was taken up and
On motion of Mr. Fulton the Senate bill
authorizing the board of education of Duluth
to use certain funds, to pay current expenses,
Also on motion House bill allowing Ramsey
county to issue bonds to build the FortjSnell
Mr. Hicks from the special committee
Messrs. Hicks and Reaneyto which had been
referred the memorial to Congiess asking an
appropriation for the improvement of the Mis
sissippi river, reported the same back with an
amendment inserting the words "from St. An
thony Falls to New Orleans," which amend
ment was adopted, and on motion of Mr.
Hicks the rules were suspended and the bill
passed, yeas 82, nays none.
Mr. Bowler moved that when the House ad
journed it adjourn to Tuesday next at 10
o'clock, a. m.
Mr. Huntlej moved to amend by inserting
Tuesday next at 8 p. m. This would give
every member a chance to go home.
Mr. Hicks thought the House would not
loose anything by the proposed adjournment
and he was willing to support it if the House
would consent to meet this afternoon and
evening and finish up the business now pen
Mr. Bowler accepted the amendment and the
motion thus amended prevailed.
By Mr. WilliamsLegalizing the oiganiza
tion of the t*wn of Lake Benton.
By Mr. LienLocating State road from Ben
son, in Swift county, to Lake Whipple, in Pope
By Mr. StanleyAmending section 1, chap
ter 76, of the special laws of 1877.
Bp Mr. FellerAmendiug statutes relating
to widow'd' allowance from estates of de
By Mr. StoneProviding for payment of
jurors in Big Stone countj.
By Mr. DayAmendin the acts for the pre
servation of game.
Mr. NullAmending laws to taxes for
maintaining public schools.
By Mr. GeibRequiring countj commission
ers of Sibley county to give bonds to the
amount of $3,000.
By Mr. FowlerFor the protection of wool
growers and the taxation of dogs.
By Mr. DenisonRepealing the act incorpor
atmg the village of Shieldsville, in Rice countj.
By Mr. SabinAmending the acts incorpor
ating the charter of the city of Stillwater, re
lating to municipal court.
By Mr. SabinRelating to a bridge over
Lake St. Cioix.
By Mr. SabinAmending the acts incorpor
ating Stillwater and consolidating the same.
By Mi. LangemoAmending the laws re
lating to claims against towns.
By Mr. McCreaAppropnating the sum of
$150,000 for the pnrchase of seed grain for
Recess to 2 o'clock.
Mr. ChristensonChanging name of indi-
By Mr. AndersonAmending the Statutes re
lating to running at large of cattle, &c.
By Mr. PetersonAboUshing office of super
intendant of school of Washington county.
By State prison committeeTo provide for
appointment of a commission of three to set
tle all matters of difference between the State
and Seymour, Sabin & Co.,
Bj- sameAppropriating money for State
Bj' Mr. McCreaChanging name of individ
By Mr. McCrea.Amending special laws of
1877, relating to towns.
By Mr Mc. McCreaTo reimburse Wadena
county for expenses- incurred with small pox
during summer of 1877.
By Mr. MosherProhibiting the running at
large of cattle in Fillmore countj-.
Mr. BrandtAppropriating $700 to pay
James Levine for damages to farm by reason
of the occupation of United States soldiers.
By Mr. MorseRelating to county commis
sioners of Hennepin county.
By Mr. HuntleyAppropriating $500 for
bridge across Zumbro river.
By Mr. HoltonAppropriating $1,000 for
bridge across Wild Rice river in Polk county.
By Mr. HoltonAppropriating $350 for
bridge across south branch of Wild Rice river.
By Mr. HicksProposing amendm to
constitution prohibiting special legislation.
By Mr. HicksAmending statutes relating to
The Senate bill supplementary to the act to
provide uniform and cheap text books for the
public schools of Minnesota, having been read
the first time, Mr. Mills moved to refer to the
committee on education, with instructions to
report it back on Wednesday next, and also that
it be made the special order for that day.
Messrs. Cole, Purdie, Robinson and others, op
posed this motion, when Friday at 2 o'clock,
instead f Wednesday was substituted, and the
motion was carried.
SENATE BILLS rVSbED.
Memorializing Congress on the subject of
HOUSE BILLS PASSED.
Amending statutes relating to civil actions.
Fixing time of term of court in Lvon coun
Changing time of holding terms of the dis
trict court in Carver.
Amending act authorizing Lyon county to
Eelating to building bridge across the Mis
sissippi at Fort Snelling.
Incorporating the village of Montgomery
Le Sueur county.
Relating to county commissioners in Winona
Amending chapter 55 of the general laws of
1874, relating to highways.
In committee of the whole, Mr. Brandt in
the chair, consideration of a large number of
bills was entered upon and continued until 7
o'clock, when, the committee rising, the House
adjourned until 8 p. m. Tuesdaj.
MEETISG OF CITIZENS LAST NIGHT.
Considering the Salar ^Reductions Prepar
ed by the Chamber of Commerce Commit-
teeStrong Points move Against Some
of the Reductions.
A confesfencc of the retienchment commit
tee of the Chamber of Commerce and of the
Ramsej- county legislative delegation was held
last evening the Chamber of Commerce.
The object of the session, over which Mr. Ban
ning was called to pieside. was the consideia
tion of the bill, proposed to be submitted to
the current Legislature fixing the salaries of
county and citj officers, several of whom were
present, and watched the proceedings with keen
The bill was considered item bj item. The
present salary was that of the clerk of the
Board of Pnblic Works, which was cut down to
$1,000. City Attorney Muiray testified that that
paj was inadequate tor the work to be per
formed. The oftice was an exacting and labor
The Citj Engineer *1,500, and stieet inspec
tor $2.00 per dajr
were passed without com
The Chy Treasurei is proposed to be limited
to $1,300. Mr. Muriay thought such pa\ was
equal to abolishing the office.
The City Comptroller was passed at $1,500
The Citj Clerkship being fi\ed at 51,500 per
ear, Capt. O'Connor said the copj alone re
quired all the time of one clerk at an expense
of $000 and preparing statistics costs $-230
The Citj Attornej being faxed at ?!.500, Mi.
Murray said he would give the office to anj ont
who would take it at that price.
The maiket master, at ^500 a jcar was
passed over in silence.
The salaries of the fare department, proposed
as under, created a breeze in connection with
the police department
Chief Engineer. f^OO
Engineers of steamers 1, 2,3 and 4, each 800
Hose duvers 400
Hook and ladder drivers 400
Chief of Police 1,200
Twenty policemen, each 000
One detective 1,000
Mr. Wilej' characterized the leductions as
City Attornej' Murray thought that, in con
sideration of the hardness of the tunes, officets
with salaries of SI,000or o\er, might consent to
a reasonable shave, but he could not too strong
lj depiecateanj cutting down of the wages of
firemen and policemen.
flChief of Police King said he had been nine
years on thefoice of St.fPuul. There was not a
citj- in the countrj' that paid its policemen less
than $70 pel month. If the force is not effec
tive it would be better to have none
at all. The mean lives were in jeopardy everj
went out they worked 365 days in
without a holiday, and paid tor their
owp uniforms. It was merely absurd to ex
pect twenty men to patiol thirty souare miles
of territory, and fall speciol details as .veil.
The force of St. Paul costs less than any other
city. Since he had taken charge he had in
creased the revenue from licenses from '57.000
to $30,000, and this amount, together with
the fines collected in the municipal
court, more than met the whole expenses of
the force and the court. The lives and prop
erties of the citizans were entrusted to the lg
llanceand integritj of the police, and thej
must be paid foi accoidmglj.
The abstract clerkship at 53,000 was passed.
Sheriff Becht claimed that Jhe profits troni
his office weie moderate in the vtreme.
Clerk of the Court Kiefer wished a thorough
investigation ot his duties and their compensa
The county attomej's compensation drew
forth Mr. C. O'Brien who said the nature of
the office was such as to destroj, in a gieat
measure, a lawjer's ate prattice. He
claimed the bill was imidious in its distinc
tions. Three salanes, those of the municipal
judge, abstract clerk and municipal clerk, had
been left untouched, and the speaker claimed
that if the city attornej'ship was onljr
ceive 81,500 the municipal clerkship was worth
no higher wages than a nurserj' girl. The ab
stract clerkship he viewed prettj' mmh as the
fifth wheel of the coach.
Chief King believed the gieat haks had been
in the countj board, and not in the enormitj
of the salanes. Enough monet had been voted
for road service to ha\ planked ev erj road
the countrj. but everj one knew the funds
had been diverted. He suggested
that heads of departments be conferred with,
to see if reductions could be reasonablj made.
For his part he was willing to follow thib
Countj attorney Rogers claimed *4,000 wa
altogether too small for the county auditor,
whose functions, quasi-judieial bj nature and
requiring much Lechnieal hkill and knowledge,
should receive icasonable ipward.
Countj clerk Kiefer said this measure would
not give him,a stipend of 31 000.
Hon. J. H. Reanej' suggested that all salanes
should be net, and strongly inveighed against
anj interfeience with the salaries of the fire
men and policemen.
Mr. Gorman believed the salanes of officers
should he commensnrate with those corpor
Citj Attoinej Murray, referring to the
board of public works said that
Mr. Diake, a prominent leader in the iptrench
ment business, after his experience on the
board, now thought members thereof ought
to be paid enough monej to enable them to
perform their work faithfullj
Hon. E. Rice, favored pajing fan salaries for
skilled labor and considered theeitj and coun
tj would have been gainers in the
past if that pohc had been
pursued. He did not piopose to into the
legislature to lend a hand in the grinding
down process, as he deemed this might open
the temptation to dishonesty.
Hon. C. D. Gilfillan said officers should be
paid just what j-ou can get other men to do
their work for.
Representative Mead hoped the bill would be
agreed upon and perfected as nearly as pos
The meeting then adjourned without any
"Captain" Cavanaugh Fairbaulfs
'"boss" hardware man, is in the city.
J. W VanVliet, of Wildon.placed his beau
tiful signature upon the Merchants register
Oscar Long TJ. S. A. arrived in the citj
to-day. he is making the Merchants his
George "W. Benedict, of Sauk Kapids.
leaves for home this morning after several
days' hard labor among the Solons of the
capitol. George is well satisfied with the
prospects of the second State's prison being
located at Sauk Kapids, and, moreover, jubi
lant that the scheme of tacking Benton
county to Stearns has fallen through. is
ot afraid to own he had a finger in that pie
to the great discomfiture of the annexation
Arrivals at the Merchants: John McClure,
Star Prairie W. G. Branson, A. B. Eaton and
wife, Stillwater Oscar P. Long. U. S. A. P.
Cusick, Spring Valley J. G. Henry, Rockfo'rd
C. A. Buffie, Brainerd Dentley, Black Hills
R. Busmell, Afton J. J. Thornton, St. James:
W. G. Blake, lio&e, la. Mrs. 8. C. Holland,
Zumbrota: William Sha-v, Morristown: M.
Calm, New York Edwin Bean, Chicago: Louis
Abraham. Milwaukee A. H. Southworth, Chi
cago M. Marx, J. Mar\, Hastings
J. R. Donohoe, Chicago J. A. WorniBn, Boston
G.J.Owen, A. E. Lidgerwood, Chicago
Wilmot Smith, Wappeton, T. Mrs. Robert
Deak m, A. J. Clark, Red Wing C. E. Hart, At
water J. T. Teichner, N. Y.C. Dean, Amster
dam, N. Y. M. Aronson, Philadelphia W. B.
Wakelin New York D.Tripp, Liscomb. la.
W. A. Chambers, Muscatine. la. P. N. Pva\
Fargo, T. A. Wilkinson, Stillwater G. F.
Cowl, Morns, Minn.
l.nde Tom's Cabin.
There was scarcely a vacant scat in any
part of the Opera-house last evening, the
draw no doubt being the attractive name of
Lottie, which many mistook for that of
Lotta who is now playing at Philadelphia.
he play of "Uncle Tom's Cabin"' has been
worn threadbare, and last night it was well
nigh torn to shreds and vet there were many
ui the large audience who could laugh till
their sides ached, and not a few who could
shed teaTS at the sorriest attempt of the
pathetic. -Lottie" is a fair follower of hei
prototype and after mentioning Yanke
W ea\er and Will Hendeison theie is not an
other character the whole cast deserving
mentionthe performance would do ciedit
to a third rate rnuistrel hall. It will be re
peated tins afternoon and e\emn.
Knight, of l'jtliia", l.ntertahuiient.
It will be seen from ad%ertisement in
our columns to-day that the Kmht3 of
Pjthias of this city, have made preparation*,
for a lirst-elas-s entertainment to be given in
the Opeia House next Wednesday evening.
Mr. Homer D.|Cope, of New York, the star
of the occasion is an elocutionist well-known
the Eastern Spates. His rendition of the
stirring tragedy of Damon and thias has
been everywhere leceived with unstinted ap
plause. and we confidently hope that St. Paul
will not be behind hand in giving him the
cordial leceptiou his great hibtnonic powers
entitle him to iecei\e.
A veij pleasant affair occurred at the re
ception looms ot Christ Church (Episcopal)
in this citj a few nights since, the occasion
being the presentation to the rector, Eev.
Mr. TenBioeck, bv his congi egdtion. of a
verv' handsome silver pitcher and easj* chan
On Thuisdaj evening the juij of the district
court the case of Adam Rotu vs. X. P. Lang
ford was locked up and had flailed to arrive at
a verdict up to two o'clock this morning.
MONDAY, FEB. 11th, 1878
Of the Gorman Society.
PROMENADE AND BML.
Music bj Seibert's full Concert Orchestra.
S^W.OO in Gold, as Pri?j for most elegant and best
com'c nialf and iemale masks.
Subscription lists now ov-u. Sea hand bills.
Tieke's for Gentlemen sl.00, for Ladies 50 cents.
Reserved seats at fel.00, and Gallerj tickets at 00
cents, now on sa at Zahouyi and Weide's Muaic
Orders for carriages, at 25 cents the round trip for
eaeh person, ma be lelt at F. W erner'8*place.
Doors open at 7 o'clock, Promtuade to Com
meuee at 8.
The strictest order will lie ob-prvPd and no im
proper chaiacters admitted. '25-28
Wednesday, February 13th.
THE KNIGHTS OF PYTHIAS,
of bt. Paul, have midearraufjemeutb with Mr. Homer
D. Cope, of New York, to deliver celebrated reu
dltlou of the tragedj of IMU.OU and Pythias," ou
the e.enlng of tho above date.
General admission, 50 rents.
Tiekets maj be obtained at the Opera House, or of
any member of the orde in St. Paul. For finther
paiticulars see bills. 26-30
THE ST. JAMES
Dunns Hall, at 1J Wabashaw stiet t, is the largest and
ht .ippomled IU th citj.
All Regular Meals 25 Cents.
Breakfast, 6 to'. Dinner, 12 to '2 Supper. 0 to 8.
OTIOE TO CREDITORS
Iu the matter of the estate ot "Vlargaretha Rra*%
deceabed: N'otiee is herebj given, that the undersigned have
been appointed by the Judge of the Probate Court of
the countj of llamsej, State of Minnesota, commis
sioners the mutter ot eaid estate, to receive, ex
amine and adjust all claims and demands of all per
sons against flaid Mai garethi Krass, late of said
counts, dei eased that six mouths Irom Februarv
1st, 1878, have been hunted and allowed bv said court
to creditors to present their claims to us as afore
said and that we mill, on the second Monday of
every month for the nei.t six mouths, (beginning on
Monday, the 11th da, of February, 1878,) at the oftice
of Pierce, Stephenson Mainzer, attorneys, 3J Wab
a*haw stiect, in 8amf
OFFICE ot THE CITY TREASCF.EF,
S T. PAUL MINNESOTA. Jan. 30. 1673.
All persons interested in the assessment fai tho
Rice Street from Bianca Street to
Partial Grading of
Fourth Street from Hoffman Ave.
to Maria Avenue.
Partial Grading of
Fifth Street from Hoffman Avenue
to Maria Avenue.
Partial Grading of
Acker Street from Mississippi Street
to Courtlandt Street, Courtlandt
Street, from Acker to Agate
Street, Buffalo Street from
Acker to Genessee street,
and Mississippi Street
from Genessee Street
to Granite Street.
WILL TAKE NOTICE
that on the 20th day of January, 1878, I did
receive a warrant from the City Comptroller of
the city of St. Panl, for the collection of the
The nature of these v.arrants is, that if jou
fail to pay the assessments within
after thefarst publication of this notice, I shale
report you and our real estate so assessed as
delinquent, and applv to the District Court of
the county of Ramse), Minnesota, ft.r judg
ment against your lands, lota, blocks, or paicel-.
thereof so assessed, including interest, cost and
expense*, and for an ordei of the Couit to sell
the same tuv the payment thereof.
F. A. REJs'Z,
16-27 City Treasurer.
Paul, in biia countj, meet to
reieive, fxamme and adjust claims :'iid" dtmande
against said deceased an alorebaid
S. I PILIICK,
Commissioners of the est't ot Margaretha Krass,
OS r.Wednesday eveuuit last a ri^'hthand otttr
glove. A liberal reward
It. W.dsh, II Wabashav, Htreet.
OLTM Y'S Stomal li Bitf
Robert st eet.
makers and t-vo ent
guaranteed to good mc n.
i nd Ovters at 7e
akcrs, two pantaloon
makers. Stead} work
(S \\f,t Third btreet.