Newspaper Page Text
NO. 17, WABASHAW STREET, ST. PAUL.
rerm of Subscription to the Daily Globe.
5.0O 6nOAtl)8.. 4JX)
12 months .lu.w I
THE SUNDAY GLOBE.
THE OXOBX will be ur-lshed every day In the
week to city subscribers at 88 cents per month or $10
By mail the SUKDAY GLOBX will be one dollar per
year in addition to the rate given above for mail
THE WEEKLY GLOBE.
The WEEKLY OLOBK la a mammoth sheet, exactly
double the size of the Daily. It is Just the paper
for theflrealde,containlngin additionto allthe current
news, choice miscellany, agricultural matter, market
reports, &c. It is furnished to single subscribers at
$1.60 per year. Clubs of five (address to one per
son) for $1.15 each.
Postage prepaid by the publisher on all editions.
All mall subscriptions payable invariably In advance.
Daily Globe Advertising Bates.
Fourth Page 5 cents per line every insertion.
Third Page 5 cents per line for the first week. All
subsequent insertions 3 cents per line.
Display Advertising (on Fourth Page only) double
above rates. All Advertising is computed as Non
pareil, 10 lines to an inch.
Beading Matter Notices, First, Second and Fourth
Pages, 26 cento per line.
Blading Matter Notices, Third Page, 20 cents per
"Hpacial Locals," Bocond Page, 15 cents per line.
The GLOBE offers no yearly space, but proposes to
charge by the line for the space occupied, and the
charge for the last day will be the same as for the
first, no matter how many insertions are made.
Rates are fixed exceedingly low, and no charge Is
made tor ohanges, as It ia preferable to have new
matter every day If possible.
Minneapolis Office, 213 Hennepin avenue, up
ST. PAUL, TUESDAY, MARCH 12, 1878.
HE mild winter has rendered it unneces
sary for the Swedes on the frontier to gather
fallen tree tops, and hence Marshal Mc
Laren's fees have been sadly short, owing to
his inability to arrest them for trespass. Bat
McLaren has struck a bonanza now, having
finally arrested a man in Idaho, after tracing
him about for a month. The mileage and
fees will be as good as the capture of a
dozen Swedes. Congratulations.
CITY ENGINEER SEWALL is reported to be
very abusive of citizens who favored the re
duction of his salary, and is said to declare
that he will make it cost the city ten dollars
where they save one. That is, through pure
ugliness he will entail loss upon the city
where he might economize. Mr. Sewall's
mulish propensities have long made him ob
noxious to every one who has anything to
do with that office. He is not competent for
the place, unless pig-headed obstinacy
can be called a qualification. In that re
pect he doubtless surpasses all the civil en
gineers in the country combined. has
set up his will against that of the people
relative to Como Avenue, and delayed an im
provement that would otherwise have been
completed long since. He has needlessly
abused and quarreled with nearly every con
tractor who has had a contract under his di
rection. He has changed the grade of sev
enty streets, apparently for no other purpose
than to show what a great man Mr. Sewall
is. His salary was not cut down enough.
The city could not afford to keep him if
he gave his services for nothing. If he will
not resign he ought to be kicked outand
that without delay.
THE MEXICAN SOLDIERS.
The spiteful littleness of radicalism is
making its usual exhibition in Congress by
trying to defeat the pending bill for the pay
ment of Mexican veterans, simply because
the bill does not exclude those who were from
the South, The real purpose of the oppo
sition ia to defeat the bill. The reason given
is a mere subterfuge. It is a very striking
illustration of the narrow meanness
of the faction in control of the
government. This faction is hypocrisy con
densed, a kind of mixture of vinegar and
blue vitriol, hating everything unless within
the narrow horizon of their vision.
Here is a bill of undoubted merit, a bill
to which no one ought to have any objec
tion, recognizing the great services of the
surviving soldiers of the Mexican war. It is
too late to discuss the history, either the
causes or results of that war
these have nothing to do
with the debt due to the
have men who fought its battles. If the
whole of Mexico had been demanded in sat
isfaction of its cost in life and suffering and
money, the Americanizing and civilizing of
Mexicans would only have been anticipated
by a few years. Considering the effect of
the settlement and development of Califor
nia, with its mines and wealth of every de
scription, upon the commerce of the world,
what would have been our present condition
had not these new elements been introduced
into the progress of the United States? But
we suppose there must be no exceptionstothe
rule that republics are ungrateful.
GARFIELD AND FIG-IRON KELLY ON
Garfield, the chosen leader of President
Hayes, and Pig-iron Kelly are the latest Re
publican bruisers. They have given the coun
try another example of how pleasant it is fox
brethren to dwell together in unity. N
sooner had the military been removed from
the South, and the President, to some extent
at least, put his foot down on the co
hesive power of public plunder,
than the "great and glorious" Re
publican party fell to pieces in ite own
rottenness. There is nothing left of it. It
has suffered a double compound fracture of
both legs, and will never bo able to stand on
its feet again.
Its ablest and most distinguished leader
Ben Butler long ago retired in disgust
Conkling was seized with an attack of
vertigo from which he has not recovered,
but is still assuming and false Blaine died
a martyr to railroad bonds Morton and
Wade are dead Edmunds is
cold icy and treacherous Burnside
is as silent as the tomb Oglesby remains in
his cups Don Cameron is getting married,
and old Simon Cameron has been sued for
breach of promise. And the great and good
Garfield has entered the prize ring with Pig
iron Kelley to disgrace himself by a person
al and political brawl.
It is a matter of very little moment what
the multitude of minnows and small fry,
such as Bill Wisdom, Gran
ny DaweB, Florida Conover, and the
like are doing. They could not live a day
without administration patronage, so their
death may be already recorded, or it may be
that they may save their lives by repentance
under a Democratic administration. One
thing is, at least, certain, there is little left
of the Republican party, and the pitiful"
remnants seem determined to cut each
other's throats whenever they can get a
chance. How are the mighty fallen! Babylon
is no more!
AN OUTRAGEOUS BILL.
The people of St. Paul and Mi nneapoli
will doubtless be surprised to learn the
nature of a bill which passed the Legislature
at its late session. It is innocently styled
"An act to regulate elections in cities
having over 1,200 inhabitants." This
renders it applicable to St. Paul and Minne
apolis alone at the present time. The bill is
quite elaborate in its details, providing
among other things that ballots shall be
printed on white paper, in a certain typo
graphical style, with a given space
between each name, &c. But the outrageous
feature of the bill is the utter destruction of
the secresy of the ballot.' Each man's name
is numbered on the poll list, and when a
voter offers his ballot, the judge writes a
corresponding number upon the ballot, and
deposits it. For instance, John Smith stands
upon the poll list, with the number 648
opposite his name. On election -day Smith
offers his vote, and the clerk, looking over the
list, finds it down and he calls off the number,
648, to the Judge. The Judge writes upon
the ticket 648 and puts it in the box.
Of course it is only necessary to select the
ticket marked 648, and refer to the poll list
for the name bearing the corresponding
number, to ascertain exactly how John
Smith voted. In cases of contest the law
provides that the ballots shall be examined,
as we have illustrated, but unless there is a
contest they are to be regarded as
secret, and the judges are to be severely
punished for divulging how a man votes.
Every one can see, at a glance, how much of
a secret it will be regarded. It creates a sys
tem of espionage whicb-is illegal, outrageous
and ought not to be tolerated.
This bill was the handiwork of ex-Aid. J.
W. Fisher, and was introduced in the Senate
by C. D. Gilfillan. It was put through under
suspension of the rules and when opposition
sprung up it was silenced by the cry that it
was a bill affecting only St. Paul and Min
The bill had not been signed by the Gov
ernor up to a late hour yesterday afternoon,
and it is to be hoped he will veto it. As all
bills must be vetoed or signed by noon to
day it behooves our citizens to move in the
matter and request the Governor to prevent
this monstrosity from becoming a law.
GRANT OX MIS TRAVELS.
Grant has finished the Nile and is on his
way to Jerusalem and the East. He has
traveled in royal state everywhere, receiving
unbounded hospitality, occupying palaces
and placing his feet under the mahogany of
princes. has enjoyed the greatest facil
ities for seeing and hearing everything, and
no such honors were ever before accorded to
a citizen of the United States. has
been accompanied by the irrepressible corre
spondent to record the journeyings, and
more insipid duller foreign letters we have
never had the misforture to see in print.
As to reading them, that is a thing quite im
The "General" will doubtless prolong his
visit, for a year or two, and return, as the ex
citement of the next Presidential contest be
gins. After so long an absence his return
will be greeted by a right royal welcome,
and all the machinery brought out to get
up enthusiasm. Sherman will send a United
States revenue cutter down the bay of New
York to receive, and Conkling gather with
his brass band on the pier to welcome
him. Then we shall have a re-hash of the
General's military exploits and so on, and
the Republicans will, at once, discover that
the re-election of Grant as President is
essential to the salvation of mankind. The
General's native modesty and want of
ambition may reject the proffered honor,
but those who know him best, think he may
be prevailed upon to accept, especially as his
exchequer may need replenishing after so
protracted an absence in Europe.
AN APPEAL FOR AID.
The Destitute Condition of the Burned Out
People of the Hot SpringsWhy They
Must Depend on Charity.
HOT SPRINGS, March 11.The liberal dona
tion of five hundred dollars from the Chicago
board of trade, has swelled the cash contribu
tions for the relief of the sufferers by the cur
rent conflagration here, to something over two
thousand dollars. Much has already been done
in the way of providing for the most pressing
needs, but a generous public should be inform
ed that much still remains to be done, and that
their efforts and contributions should not cease.
The case here has unusual features of private
hardship. The distress is far more general and
severe than usually attends such disasters.
The victims, with few exceptions, have lost
their all, and have absolutely nothing with
which to begin anew. Here, too, are hundreds
of infirm or crippled, who were living by char
ity while seeking a restoration of health in this
pool of Bethesda, and now those who were their
dependence are themselves equally destitute.
It is also indispensable to send hence to other
fields of efforts. Hundreds of laboring poor,
whose opportunities for employment vanished
in the flames which engulfed five-sixths of the
business establishments of the city. Many
others there are who were engaged in prosper
ous trade one week ago, but have now lost their
entire possessions, including their homes,
places of business and stocks of merchandise.
Few had any insurance, which was difficult to
procure upon the exceptionally risky structures
that have-now~hee swept away. They cannot
build again because the titles to their building
sites have been judicially decided to be in the
government, and they have no land to mortgage
for means with which to rebuild. The federal
commissioners have also very properly decided
not to permit the construction of shanties or
other frail and temporary structures. Indeed,
it is not probable that any rebuilding will be
permitted until the proposed new street lines
shall have been defined and established. Thus
it appears that many families are reduced fiom
comparative affluence to absolute want, with no
reasonable prospect of improvement. They
are equally unable to earn support here, and
helpless to get away, except as Christian chari
ty shall provide the means, and these should be
generously forthcoming.. The distribution of
relief is in the hands of a competent commit
tee, so the public may be assured that all con
tributions will bo faithfully and judiciously
Much Obliged, to Brandt.
The House of Representatives last week
passed a resolution thanking Brandt for
offering himself for sale, and sent Liberty
Hall's case to the attorney General.
Wliy -He Didn't Recalcitrate.
The closing hours of a .legislative session
are. hardly the time for recalcitrations. It
takes the wit out of a man to work all day
and half the night*
j, Orange*In Minnesota.''
[Le Sueur Sentinel.]
Some one in Henderson had the audacity
to make garden on the 27th of February.,
Minnesota Will soon be raising oranges and
lemons as staple products.
DECISIONS OJF CASES AMOVED AT
THE OCTOBER TERM.
The Syllabi and Opinions in Full of the
Supreme Court of Minnesota, as Filed
With the Clerk, March 8th and Oth. ^4
A. M. P. Whittier, Respondent vs. The
Chicago, Milwaukee A St. Paul Hallway
Company, Appellant. 3
Beotions 1 and 2, chapter 25, laws of 1872,
entitled "an act to compel all railroad com
panies within this State to build proper cattle
guards and fences" is to be presumed to apply
to a railway company operating under a special
charter (which ia not made a public act) in the
absence of any charter provision pleaded and
proved by virtue of which such company, is
taken out of the operation of said sections.
Under said sections 1 and 2, the omission to
build and maintain a fence is in itself negli
gence on the part of a railway company. But
though the failure to build and maintain fences
is thus made an act of negligence on the part of
a company, this does not exclude the operation
of the general rule regarding contributory
negligence and its effect as respects aright of
recovery against such company, when the very
act of negligence on the part of the company,
to-wit, the neglect to build or maintain a fence
has been assented to, agreed to, and licensed
by the owner of land adjoining the railroad,
whose cattle have been killed in consequence
of such neglect, the case is one in which such
land owner has contributed to the
very act of negligence of which
he complains. The act may be said to
be his own as well as that of the company,
and by his participation in it, disentitles him*
self to recovery for its consequences.
Hocnm vs. Wetherick, 22 Minn. 152, fol
lowed as to the point that contributory negli
gence is not required to be disproved by the
plaintiff in a case of this kind, in order to
make out a prima facie case.
This action is brought to recover damages for
running into the plaintiffs cattle with a
railway train, and killing tbem
upon the track of the Hastings
& Dakota railway, which was being
operated by defendant. The complaint is
framed upon the idea that sections 1 and 2,
chapter 25, Laws, 1872, entitled, "An act to
compel all railroad companies within this State
to build proper cattle guards and fences,"
apply to the Hastings Dakota railway com
pany. Judicially speaking, this is to be pre
sumed to be the fact in the absence (as in the
case at bar) of any charter provision pleaded
and proved by virtue of which such company
is taken out of the operation of said sec
Section 1 provides that "all railroad compa
nies in this State shall within six months from
and after the passage of this act build, or cause
to be built, good and sufficient cattle guards
at all wagon crossings, and good and substan
tial fences on each side of such road."
Section 2, that "all railroad oompanies shall
be liable for domestic animals killed or injured
by the negligence of such companies, and
a failure to build and maintain
cattle guards and fences as above provided,
shall be deemed an act of negligence on the
part of such companies." The court charged
among other things that the omission to build
and maintain a fence was in itself negligence
on the part of the railroad company. This is
unquestionably a correct statement of the rule
of law presented by seotion 2, above oited. But
there was evidence in the case going to estab
lish the following state of facts: The plaintiff
was the owner of a tract of land used by him
as a pasture, which was divided into two parts,
by the Hastings Dakota railroad running
easterly and westerly.
The water for stock pastured was upon the
south side of the tract. The company built a
board fence upon both sides of it through
plaintiff's land, leaving at one place in the
south fence a bar-way. The plaintiff for his
own convenience, and of his own motion re
moved the boards from the north fence oppo
site the bar-way in the south fence, and made
a bar-way there also.
For some considerable time he made
use of the place where the bar-ways
were, as a crossing for his stock from
one side of the road to the other, and
kept up the bar ways for that purpose. The
bars were frequently broken down by his cattle,
yet for about two years the plaintiff kept them
up, but finding this to be troublesome, he aban
doned the idea of keeping them up, and for
some four or five years, and up to the time of
the injury complained of in this action, they
were suffered to be down, so that during such
period the plaintiffs cattle could pass, and did
pass back and forth over the crossing, at will,
and without any obstruction.
To this condition of things no objection- ap-
pears to have been made, either by the plain
tiff, or by the company. From these facte we
are of opinion that a jury would have been
warranted in inferring that so much of the
fences as consisted of the bar-ways, was, by the
common consent of the plaintiff, and the com
pany, opened, and left open, so as to furnish a
convenient crossing for the plaintiff's accom
modation. In other words, that it was so
opened, and left open, upon and in pursuance
of a tacit understanding between the parties
that it should be for the purpose mentioned.
Though this understanding may never have
been expressed in any set form of
words, it Would, nevertheless, possess
the element of an agreement
or license, and be such in legal effect. Now
section 2 of the act of 1872 declares that "all
railroad companies shall be liable for domestio
animals killed or injured by the negligence of
Buch companies and a failure to build and
maintain cattle guards and fences, as above
provided, shall be deemed an act of negligence
on the part of such companies."
But though the failure to build and maintain
fences is thus made an act of negligence on the
part of the companies, this does not exclude
the operation of the general rule regarding con
tributory negligence and its effect, as respects a
right of recovery. Where the very "act of
negligence" on the part of the company, to
wit, the neglect to build or maintain a fence,
has been assented to, agreed to, and licensed by
the land owner, whose cattle have been killed
in consequence of such neglect, the case is one
in which he has contributed to the very act of
negligence of which he complains. The act
may be said to be his own, as well as that
company, and by his participo- of the
tion in it he disentitles himself
to recovery for ite consequences. The applica
tion of the maxim quibet potest remmciare
sine per se introducto lekda to the same result,
as between the land owner and the company
the understanding in pursuance of which the
building or maintainance of the fence is dis
pensed with, has relieved the-oompany tram its
obligation to build or to maintain.
Some of the instructions given by the court
to the jury, as well as one or more of the re
fusals to instruct as requested by defendant,
ore inconsistent with these views of the proper
rule of law applicable to the evidence, and
must therefore be held erroneous, and for this
reason there must be anew trial.
This disposes of what appears to us to
be the principal question ra~ the case as it
Hocnm vs. Wetherick, 22 Minn. 152, deter
mines that contributory negligence is not re
quired to be disproved by the plaintiff in the
trial of an action of this land, to make out a
prima facie case.
With reference to the point that the charter
of the Hastings Dakota railway company
contains a special provision as to fencing, which
exempts the company from the operations of
sections 1 and 2 of the act of 1872, we observe
that if such provision is relied on it should be
pleaded and proved, at the charter is not, so far
as we discover, made a public act.
The order denying a new trial ia reversed
and anew trial directed. BEBBT, Judge.
George Volner, Respondeat, vs. August
Stageman. and Caroline Stage-nan, Ap
pellents. ~Y1* V-tV*
This action was properlv dismissed for want
of evidence tending to prove the cause of ac
tion set out in the Complaint The order grant
ing anew trial is accordingly reversed.Jr^
This action having been idea by" the Court
below, without a jury, wan upon, defendant's
motion dismissed. The pontiffs,,iflpon a case
settled, moved for a new trM^m the order
uiting which the pra^t^apr^. teJUn.
motion for anew t?ia-was j&afolg^ ttro
grounds: FirstThat the oeeiafotf til _df1ut_~
THE ST. PAU"DAlLY'Gt(B, TUESDAY MORNING, MARCH 12, i87a*f?^^**ft=aP*
fied by the evidence and contrary to law.
SecondThat errors in law occurred at the
ferial which were excepted to by plaintiff.
There is nothing in the second
ground, for the settled case shows no
case shows no exception of any kind taken by
plaintiff, as to to the first ground we are of
opinion that the dismissal was right
for the reason that there was no
evidence in the case tending to prbve
the cause of action set out in the complaint,
The, particular allegations, with reference to
which there was a lack of evidence, are those
relating to the blank notes, which are an es
sential part of plaintiffs cause of action, as
stated in the complaint. The defendant hav
ing duly objected to the sufficiency of the evi
dence in his motion to dismiss, the motion was
Order granting new trial reversed.
John George Stein and John Godfrey Stein,
Respondents, vs. Adolph Stierle and
Gustav Munch, Appellants.
Horton vs. Williams, 21 Minn., 187, followed
as to the effect of a stipulation
between a chattel mortgagor and mort
gagee permitting the former to sell
and dispose of the mortgaged property in the
usual course of business and as his own. The
character of the mortgage as respects the rights
of the mortgagors' creditors depending upon
the intent with which it is made, it is not in
the power of the mortgagee or his assigns to
remove the original taint resulting from such
a stipulation by taking so much of the mort
gaged property as has not been sold into
possession urtder and by mrtve of the mortgage.
The court below finds that at the time of the
execution and delivery of the chattel mortgage
involved in this action, it was stipulated by
and between the mortgagor and the mortgagee,
that the mortgagor should retain possession of
the mortgaged property, that he should con
tinue and carry on the retail drug business,
with the stock of drugs, _c, (being the prop
erty mortgaged) in his own name, and that he
should sell and dispose of the same in the usual
course of business, and as his own. This stip
ulation made the mortgage fraudulent and
void as respected the mortgagor's creditors.
Horton vs. Williams, 21 Minnesota, 187. Aa
is further remarked in that case, the
character of the instrument as regards the
rights of the mortgagors' creditors "depends on
the intent with which it was made. From
this it follows that it was not in the
power of the mortgagee or his assigns to re
move the original taint of the mortgage and
moke it good by taking so much of the mort
gaged property as has not been sold by the
mortgagor into possession, nnder and by virtue
of the mortgage.
Blokeslee vs. Koseman, Wis, Supreme Court,
M. G. 2, Wis. Rep. 120 Robinson vs. Elliott,
22, Wallace, 573: Delaware vs. Ensign, 21,
Barb. 85 Janesville vs. Fogg, 49, N. H. 341.
This conclusion disposes of the case.
Judgment affirmed. BBHBV, J.
Luther C. White and the Victor Sou ing Ma
chine Company, Copartners as L. C. White
Sc Co., Appellants, vs. Theodore W. Keltli
ly and D. W. Johns, Respondents.
A note preceding the signatures of the mak
ers of a bond and stating that certain words
have been inserted in the bond before the affix
ing of the signatures, is not apart of the bond
itself. An alteration of a bond which en
larges the liability of the obligators is material
and avoids the bond.
As respects the defendant Johns (the only
party upon whom summons was served) this is
an action upon a bond executed by him and one
Keithly, and written upon the back ot a certain
contract executed by Keithly and the plaintiffs.
The condition, of the bond as it is set out the
complaint, and as it appered in the instrument
itself when it was put in evidence upon the
trial, ia as follows: The condition of the ob
ligation is such, that whereas there is
an unsettled account between said L. C. White
Co. and Theo. W. Keithly as their agent, if
the above bounden, Theo. W. Keithly,
shall pay unto the said L. C. White & Co. all
moneys or indebtedness which shall be found
due on settling said account, or which shall be
come due said L. O. White & Co. undei and
pursuant to the within contract, on which
shall arise therefrom, whether by note, open
account, endorsement or otherwise, and shall
well and truly perform, in all respects, the
contract on which this obligation is endorsed,
executed between the said Theodore W. Keith
ly and said L. C. White Co., dated this twen
ty-seventh day of August, A. D. 1873, then this
obligation shall be null and void, otherwise to
remain in full force and effect." Immediately
after this condition and above the Rigntures of
the defendants is the following. Note the fol
lowing words inserted above before signatures
affixed: "Whereas, there is an unsettled ac
count between said L. C. White & Co. and
said Theodore W. Keithly as their agent now be
found, due on settling such account or which
shall." One of the defences set up in his an
swer by defendant Johns, in that the bond had
without his consent been materially
altered after its execution by
the insertion of the words: "Whereas
there is an unsettled account between said L.
0. White Co. and said Theo. W. Keithly as
their agent, and the words "be found due on
settling such account, or which shall.
Although this note appears the
signatures of the bond it is not a part
of the bond proper, for it in
no way enlarges, restricts, qualifies, explains,
or in any manner or degree affects the meaning
of that which precedes it. It is just what it
purports to bea mere note or memorandum*
and is entitled to the same -weight and effect
as if it were written upon the bond, or upon a
separate paper attached to or referring to the
bond. In other words, it is a simple admis
siona piece of evidence. In order, then, to
properly set up the alteration of the bond, it
was not necessary to make any allegation with
reference to the note, and as the note was valu
able only as an admissiona piece of evidence
it was competent for the defendant Johns to
confront it by evidence going to show that he
never made it. And to do this it was obvious
ly unnecessary for him to plead that he never
made it. As to the matter of proof of the
alteration of the bond, there is competent evi
dence as respects the condition of the bond
(aa well as the note) sufficient to
support the referee's finding that
the alleged alterations were made
without the knowledge or consent of the de
fendant. If the alterations were material, the
bond, in accordance with a well settled rule of
law, is void. If- the alterations hod the effect
to enlarge the liability of the defendant Johns,
they were material, because they materially
altered his agreement to his prejudice. That
they did enlarge his liability is apparent. We
very much doubt if without the alterations the
condition of the bond extended at all to the
unsettled account for the proceeds of all ma
chines theretofore sold by Keithly, mentioned
in the sixth clause of the contract, upon which
the bond is endorsed. But if it did, it is quite
apparent, as is suggested by the court below,
that it did not extend to the entire unsettled
account between said Keithly and L. C. White
& Co., which, as appears from the exhibits in
the cose, embraceditems other than the proceeds
of 'the machines sold. The further remark of
the court below, that unless the design of the
alteration was to increase the liability of the
makers of the bond, it was entirely unnecessary,
would seem to be not without force.
Order denying new trial affirmed.
Patrick New and Julia New, his wife, Res
pondents, vs. Michael B. Farrell and John
N. mode to F. a deed of land, in form ab
solute, but in legal effect, a mortgage. F. mort
gaged the land to W., who, in taking the mort
gage, relied upon F.'s title as it appeared upon
his deed from N., and upon F.'s representation
that he owned the land. At the time when W.
took his mortgage, N. was in the possession
and occupancy of the land, and of this pos
session and occupancy W. then hod actual no
Nothing appearingto do away with the effect
of such possession and occupancy, and W. S.
actual notice thereof.
Meld, In-accordance with the doctrine of
March vs. Morrison, 4 Minn., 422,-and Groff vs.
Ramsey, 19 Minn. 44, that the same were no
tioe to W. of N.'s rights in and to the land.
Filed March 9th, 1878. -,ve*ji
The facta of this case as found by the court
below are these: On January 5th, 1874, the
plaiiitiffr Patrick New. being the owner of cer
land executed together with the plaintiff,
Julia New, his wife, a deed conveying the same
UI fee simple to defendant Farrell, which waa
duly recorded on the 24th day of the same
month. The deed was executed in pursuance
of an agreement between, the plaintiffs and
Farrell to the effect that the land shonld be
conveyed to the latter to secure him for liabili
ties incurred by him by becoming Burety on a
bail bond for a son of the plaintiffs, who was
in custody upon a criminal charge.
On January 27th, 1874, Farrell applied to de
fendant Wbeaton for a loan, offering the land
aforesaid as security and representing that he
was the owner of it.
Thereupon Wheaton lent him (Farrell) $1,000
upon his note and a mortgage
upon the land executed by him as
security. Wheaton relied upon FarrelTs title
as it appeared upon his deed and upon FarrelTs
At the time of loaning the money and tak
ing the mortgage, Wheaton had "actual notice
that said real estate was in the possession of
said plaintiffs, and was occupied by them."
It does not appear that defendant Farrell's
liability on the bail bond has terminated.
As conclusions of law it is found:
1st. That the conveyance from plaintiffs to
Farrell, is, in fact, a mortgage.
2d. That the possession of the real estate
by plaintiffs at the time the mortgage from
Farrell to Wheaton was given, was notice to
Wheaton of plaintiff's rights, as respected the
3d. That it not appearing that the liability of
Farrell upon the bond is terminated, plaintiffs
are not entitled to judgment in this action.
Judgment was rendered for defendants for
costs and disbursements.
The defendant Wheaton appeals to this court
as to the correctness of the first conclusion of
law upon the facts found, there is no contro
The principal attack of the appellant in this
court is made upon the second conclusion of
law. This conclusion is, however, supported
by March vs. Morrison, 4 Minn. 422, and Groff
vs. Ramsey, 19 Minn. 44.
In both of these cases it was in effect held,
that actual possession of land by a person other
than the vendor thereof, is notice sufficient to
put a purchaser, whethei in fee simple or in
mortgage on inquirv, as to the particulars of
the title of the occupant.
In the cose at bar there was not only an ac
tual possession and occupancy by the plaintiffs
at the time when the mortgage to Wheaton was
executed, but Wheaton had at that time actual
notice of such possession and occupancy. Noth
ing appears in the case to do away with the effect
of this possession, occupancy, and actual notice,
as notice of plaintiff's title. This effect is not
done away with by the fact that the plaintiff's
had made the conveyance in fee simple to Farrell
because their possession and occupancy are
prima facte evidence of title in them, and
therefore inconsistent with a fee simple title
in Farrell, according to the terms of his deed.
See Palmer vs. Bates, 22 Minn. 532.
Neither are the plaintiffs, as appellant con
tends, estopped by their negligence in execut
ing a deed, absolute in form, to Farrell, from
claiming that it is a mortgage for their pos
session and occupancy, were notice to put the
appellant on inquiry as to their lights at the
time vvhen he took his mortgage, so that he
cannot in law claim to have been mis
led. The case of Pence vs.
Arbuckle, 22 Minn. 417, citea by
appellant is not at all in point. Upon these
grounds the secondconclusio of law found bj
the court below is correct.
The plaintiffs' point, that the third conclu
sion of law should be modified so as to givo the
affirmative relief prayed for the complaint,
at least against defendant Wheaton, cannot be
considered, as the plaintiffs have taken no ap
peal. Edgerton vs. Jones, 10 Minn. 427.
fBefore Judge Wilkin.]
Rosanna Wallace ana husband vs. B. W. John
son, administrator of George and Alexander
McAuley, deceased. Defendants entitled to
|Before Judge Simons.]
Davidson & Newel vs. M. C. Fraehck, was the
case on call yesterday morning, and was placed
at the foot of the calendar.*^
TO BE CALLED TO-DAY.
The appeals of the executrix in the estate of
Russell Post, deceased, from the probate court
of Ramsey county. Attorneys: James B.
Beales, for Mrs. Louisa Post, executrix Davis,
O'Brien & Wilson, for Mrs. Burnell.
R. N. Johnson, assignee, vs. Wm. Frey. At
tornej's- W. H. Sanborn, for plaintiff, Williams
& Davidson, for defendant.
Before Judge Flint.]
Falley&Hoes vs. John Fetsch action for
goods sold and delivered. Dismissed.
Mary L. McGiath vs. Samuel Gordon action
on a note. Judgment entered in favor of
plaintiff for $28.50.
Waltcrstorff Bros. vs. S. Naden, action for
goods and work. Dismissed.
John N. Gebhardt vs. John Ortle action for
rent. Decision filed oidenng judgment for
plaintiff for forty cents, with interests and
Patrick Nee, charged with assault and bat
tery, had his case dismissed.
Michael Rouban, being too fond of "the
ruby" and thus bemd led into disorderly con
duct, was discharged on signing the pledge.
James Allen, of whose exploits on Saturday
night in the way of robbery from the person of
one McLindon a full account was given in THE
SUNDAY GLOBE, appeared in court yesterday
morning, and, having given bonds in the sum
of $200 for his appearance on on Thursday
next, had his case continued until that time.
A TERRIBLE FALL.
Motliei's Jlaby Bo Everlastingly Rolls
Out of the Nest.
On last Thursday evening, at 9 o'clock, a
quiet party, including the relatives and inti
mate friends of Mr. John B. Hanson and Miss
Minnie L. Gardner, assembled at the residence
of Mr H. R. Gardner, near the Harvester
works, to witness the wedding ceremonies of
the youg couple. The ceremony was performed
by the Rev. E. S. Thomas, rector of St. Paul's
church, in a most impressive manner. The
bride, who is one of the most lovely of St. Paul
young ladies, appeared in elegant evening toilet.
A bountiful wedding feast followed the cere
mony. The display of gifts was very large and
beautiful. Thus has mother's baby boy fallen
ont of the home nest.--.4f Home, n thePtomer
Press of Uth.
Rock-a-by baby on the tree top,
When the wind blows the cradle will rock,
When the bough bends the cradle will fall,
And down will come cradle, baby and all.
Death, of a Toteran of Two Wars.
Moritz Erhardt, a veteran of the Mexican war,
and also of the war of the rebellion, died on
Saturday at White Bear. Mr. Erhardt came to
this country one year before the Mexican war.
The vessel in which he came over having been
wrecked off the coast of Texas, and having lost
everything thereby, Mr. Erhardt enlisted in
the First Texas Rangers, under the banner of
the then struggling Republic of Texas, and
served throughout the struggle for independ
ence, and until the close of the Mexican war.
In 1855 he came to Minnesota, and in 1861,
while a resident of Stillwater, enlisted in the
8th Minnesota regiment, in which he served
until mustered out at the close of the great
Mr. Erhardt has resided at White Bear for
the past ten years, surrounded by a family of
intelligent and industrious grown up sons and
daughters, several of whom are married into
the oldest families of the neighborhood. The
deceased was an active, public spirited citizen,
and mnch respected by all who knew him.
His good wife survives him, and will remain
with the eldest son and two daughters at the
farm homestead, near White Bear,
After nearly three score years and ten the
veteran sleeps well. Requkscat in pace.
Mr. Spangenberg to the City.
To the Editor of THE GLOBE:
Thankful for your past kindness allow me
to say, that I have sold tom brother Bobeit
all interest i a my prdperty on the corner of
Carroll and Bice streets, and assigned to
him all my interest in damages from the
city, fie will duly appreciate any favor
from the city, but possibly may not give
himself any extra trouble about it. Your
friend, ALBEBT SP-XO-NB-BO.
Batcher, corner St. JPeter and Tenth
SJH8 P|HP^?S*!*^? ?5?W
MINNEAPOLISNEWS Specially Reported for the Dally Globe.
il Business Office.
The Business Office of the Minneapolis end
of the DAILY GLOBE will, from and after this
date, be found at No. 213 Hennepin avenue, up
stairs, where all friends are cordially invited to
call and see us. Don't mistake the number
213 Hennepin avenue, up stain.
The Hessian band ia expected to return.
Another invigorating spring day yesterday.
Special meeting of the city council this after
Minneapolis packed 8,000 porkers during the
Tne street car company was fighting mud all
The spring term of the State Uuniversity
The Choral society will give their next con
cert on the 19th inst.
Six new churches have been erected in Min
neapolis during the year.
President Washburn, of the Minneapolis and
St. Louis road, has gone to Chicago.
The Mississippi has beaten the Hudson in
the opening of navigation this year.
The Chicago, Milwaukee St. Paul road
gives employment to 420 men in this city.
Work will be commenced at once upon the
new fire proof vault for court house records.
During the year 1877. 131,031,095 lbs of local
freight were delivered at Minneapolis, and 92,-
208,830 lbs forwarded.
Budd Reeve lectured at the Grace Mission
chapel lost evening, and a neat little sum was
netted for the chapel fund.
Messrs. Anthony Kelly, C. H. Pettitand J. K.
Sidle left lost evening via the Chicago, Milwau
kee and St. Paul line for St. Louis.
The ice is all out ef Lake Calhoun, and in
all probability the popular Pavilion resort will
soon be open to the pleosuse seeking public.
Hoffman, of the Minneapolis nine of last
year, has engaged to catch for a Davenport
club, and Bonn will pitch for a Buffalo club.
The directors of the State firemen's life asso
ciation will hold their regular monthly meet
ing at Chief Engineer Brackett'a office this
The fountain in the Nicollet house court
yard was yesterday throwing its cooling spray
with as much energy as it would display in
The bills relating to the poor of Hennepin
county, and authorizing the Minneapolis gas
company to issue bonds, were yesterday signed
by the Governor.
The McVicker dramatic company of Chicago,
have engaged the Academy for the evenings of
March 26th and 27th. "A Celebrated Case"
will be piesented.
The "management of grass lands" is the next
subject announced for discussion at the Satur
day meeting of the Farmers, Gardeners and
Fruit Growers association.
A hunting dog valued by its owner, Mr. C. S.
Whittaker, at $75, died yesterday from the ef
fect of eating meat that hod been poisoned for
the purpose of killing rats.
The members of the celored bond propose
giving a musical and literary entertainment at
an early day, the proceeds to be devoted to the
purchase ef band instruments.
Manager Seeley advertised no encottx at the
Saturday evening PMlhonnonic concert, and
yet every member on the programme with the
exception of two wore repeated.
Steam power has been supplied to the print
ing office of L. Ed. Davison, in the Harmon
block, by connecting shafting and belting
with the Nicollet House engine.
O. P. Morrison, charged with drunkenness,
and John Demordo, charged with vagrancy,
were before the Municipal Court yesterday,and
were reprimanded and discharged.
Miss E. E. Kenyon, late of Elgin academy,
has associated herself with Mrs. M. B. Milligan
in the management of the young ladies sem
inary of this city, founded by the late Mrs.
Officer Christensen yesterday found two po
niesone brown and/ one buckskin in color
wandering in the f**rtets. The owner can se
cure the same by calling at police headquarters
and proving property.
John Dillon's advance agent is in the city,
and announces the appearance of the inimita
ble comedian in "All the Rage" at the Academy
of Music, Monday, Tuesday and Wednesday
evenings of next week.
Under the consolidation of the two boards of
education, the value of the public school prop
erty of the city will amount to $363,000, with
$55,000 to be added upon the completion of
the new High school building.
On Saturday last, 88 car loads of flour, com
prising 8,812 barrels, were shipped from this
citj. This is the largest shipment ever made
in one day from Minneapolis. In addition to
the above, 18 car loads, or 216 tons of bran,
were also shipped.
At a missionary meeting, in the Free Will
Baptist church, on Snndsy morning last, the
sum of $500 was raised toward establishing a
bible school for the education of the natives of
India. Dr. J. L. Phillips, a converted native,
delivered the address.
Mr. A. F. Kenyon yesterday presented to offi
cer Christensen a fine pocket-book and a pair of
kid gloves. The gifts were a slight token of
Mr. Kenyon's appreciation of Officer Christen
sen's services in securing a valuable mackinaw
blanket recently stolen from bis store.
At an early hour Sunday morning afire broke
out in the frame boarding house of K. A. Bal
stod, on Seventh avenue north, between First
and Second streets, and burned the structure
to the ground before practical assistance could
be rendered. The loss is $700, and ia fully cov
ered by insurance.
The board of trade report credits Minneapolis
with ninety-seven private boarding houses,
but does not add the following popular stanza:
There is a boarding house not far away
Where the boarders are fed on hash
Three times a day.
And oh how those boarders yell
When they hear the dinner bell
Three times a day.
A Raid Upon the O'Donnell House and the
Saloon of John Furness.
On Sunday night last, officers Solberg, Mc
Kiernan and Kinney were taking a midnight
stroll about town, with a special reference to
looking for violators of the Sunday
saloon ordinance. When near the Bellevne
House alight was discovered in the bar room
of the O'Donnell House, located just across the
Washington avenue crossing of the St. Paul
Pacific railroad. Upon a close approach the offi
cers discovered a burglar at work at the
money drawer instead of a midnight dispenser
of spirits. The burglar had alighted lamp in
his hand, but hearing the officers approach, ex
extinguished it and leaped upon the bar near
the front window. The officers had scarcely
time to take position at each of the threee out
side doors, when a bullet came crashing through
the window and whizzed post Officer McKer
nan. This was immediately followed by the
burglar, who leaped from the counter through
the window, taking the sash with him. This
movement was so sudden and- unexpected that
notwithstanding nine bullets-were sent in pur
suit, the burglar managed to escape up the
railroad track, which act waa greatly facilitated
by the surrounding darkness and the presence
of numerous freight ears.
Upon examination of the premises it was
ascertained that the robber had secured from
the money drawer the stun of #25, and from a
boarder the snmof $55. The thief it supposed
to be a transcient boarder who took dinner at
the O'Donnell House during the day and
applied for lodging at night, a_
he was not to- ha found
in the morning, and- his fellow room-mate ia
the one who is 965 out. The police believe
they have clues that will lead to his ultimate
Yesterday morning John Furness, proprietor
of a Washington avenue saloon, made com
plaint that his premises had been entered dur
ing Sunday night and the sum of $40 taken
from the money drawer. An investigation
showed that the thief had gained entrance to
the-saloon by crowding off the catch that held
the lock-bolt to the rear door. Both cases will
receive the attention of the police and detec
Judge Young yesterday granted the prayer of
the petitioners in the matter of the petition of
the Minneapolis St. Louis railroad company
for the appointment of commissioners to ap
praise the value of lands required by the road
for the use of tracks, depot grounds and water
tanks, and appointed John G. McFarlane, A. T.
Ankeny and E. 8. Corset such commissioners,
to meet at the board of trade rooms on Friday,
March 15th, to organize and hold the first
In the matter of the estate of William H,
Hutchings, deceased appeal from probate
court, attorney for appellant filed a stipulation
reducing respondent's claim to $75, respondent
waiving all right to any greater sum, and ac
cepting it in full settlement of the claim. The
appeal was dismissed.
The following decision has been filed by
Judge Young: Richard R. Cummings vs.
George B. Halsted, administrator of the estate
of Frank W. Halsted, ordered that the demur
rer to the complaint be and the same is hereby
ovenuled, with leave of defendant to answer
within ten days. Ten dollars costs of demurrer
to be taxed favor of plaintiff final deter
mination of the action.
State of Minnesota vs. E. S. Jones.
State of Minnesota vs. Chas. Cordell.
State of Minnesota vs. Delana & Davidson.
Newell Harrison vs. McKibben & Vosburg,
defendants, and the First National bank of
Judge Rea summed up the business of the
probate court yesterday, as follows:
Letters of administration were issued in the
estates of Daniel E. Guild and David Balhn
Distributions made in the estates of Martin
Keppeler and John Corcoran.
Extension of time granted to pay claims in
estate of Frank W. Hoisted.
Final accounting of R. S. Rryant in the mat
tor of Pounder minors allowed.
The exhibition of the Minnesota State poul
try show opened yesterday in Brackett'a hall,
and chicken men were in ecstaciea- Although
entries can be made until noon to-day, over 150
entries were made before closing last night, in
cluding large varieties of fine birds of the lead
ing breeds. The judge, B. N. Pierce, Esq., of
Corning, Iowa, arrived at noon and reported
for business. A large attendance and good
display is anticipated during the remaining
days of the session, the patent incubator,-which
is expected to hatch out a brood of chickens
every day, being alone a great attraction.
ALL AKOUnTD THE GLOBE.
The Marj boro, Ont., flouring mills burned
yesterday. Loss $30,000 insurance $12,000.
John G. Pink has been sentenced at Boston to
be hanged March 14th, 1879, for the murder of
Five stores were destroyed by fire at Eaton
Rapids, Mich., yesterday morning. Loss $10,-
000 insurance $3,500.
A fire in the Central building at Great Mills,
N. H., caused a loss of $24,000, distributed
among a number of occupants. Insured.
At Augusta, Me., the Republicans elect the
mayor by 242 majority, but the Democrats
gain control of the government, carrying five of
The steamer Euphrates from Philadelphia for
Liverpool has put in at Fayal severely damaged
in fearful gales. She must discharge and re
stow her cargo.
A special from McMinnville, Tenn., state
that Miss Carrie Beaumont has been awarded a
verdict of $10,000 damages against B. O. Scott
for breach of promise.
In amass meeting at Omaha, last evening,
to consider the branch mint location, a com
mittee of seven was appointed to visit Wash
ington and present the claims of Omaha.
Cubans residing in New Yoik and neighbor
hood have resolved to send men and meanB to
their faithful compatriots who still struggle
to win the independence af their native
John Gunning was dangerously shot in a
party not in the east end of Montreal Sunday
night. Joseph and William Gardner, George
Kelley, William Chester and George Beatty, all
Protestants, have been arrested.
A Mr. Hodges, while walking along a road
about a mile from Memphis, this evening, was
struck by lightning and instantly killed.
Another gentlemen with Hodges was also
struck and dangerously injured.
The new Quebec government had a cabinet
meeting yesterday. Writs for there-election
of ministers have been issued. Measrs. Poc
hard, Marchandaud, and Chauoean, will prob
ably be elected by acclamation and July by a
The Home savings bank of Boston suspended
yesterday, a temporary injunction having been
obtained. For two ears the deposits amounted
to $6,798,243. Since then the) dwindled to
$3,117,431. Of this amount $2,341 534 are in
vested in real estate loans.
Saturday's storm damaged the levees below
New Orleans toa considerable extent. Crevasses
are reported at Jesuit's Bend, eighteen miles
below the city, and at Dr. Williamson's, thirty
five miles below the city, both on the right
bank. No estimate of damage has been made.
The Virginia House delegates yesterday pass
ed a bill to take the sense of voters of the State
as to calling a constitutional convention in
November next, but the bill was subsequently
virtually killed in the Senate by adoption of a
motion to indefinitely postpone its considera
tion, yeas 21, nays 8.
Hon. Edwards Pierrepont, late minister to
the court of St. James, writes that he is not a
candidate for the judicial office so long and so
eminently filled by Judge Blatchford. I have
not sought or desired the place, nor cov.ld I
accept it if tendered me. I am about to re
sume the practice of the law."
Judge McAllister, of Chicago, yesterday
morning, in a habeas cm pus case, decided that
the city ordinance prohibiting the sale of
liquors to minors conflicts with the State law
and with the city charter, both of which make
a like prohibition, but with a variation as to
detail, and that the ordinance is therefore
A well dressed man jumped into the river at
St. Louis from a barge Sunday evening and
was drowned. He left a memorandum on the
barge containing the following- "Whisky did
this. Take compassion on my Little boy. D.
Lavin." The writing and paper were identi
fied as belonging to Dominie Lavin, a well-to
do peddler who had been on a spree for several
An engine and seven cars of a freight train
bound north on the Jackson, Lansing & Sogi
inaw railroad yesterday morning ran through
the bridge at Marsh creek, between St. Charles
and Saginaw, Mich., killing the fireman, Chas.
Thayer, and badly injuring the engineer. Silas
Hill. The accident was caused by the giving
way of a dam above the bridge, which washed
out the embankment.
Ctold in Minnesota.
To the Editor of THE GLOBS.
Having read in your issue of March 1st of a
lecture delivered by Major T. M. Newson, in
which he says if gold and silver exist in the
Block Hills, why not in Minnesota, I wish to
say that in my opinion it does exist in Detroit,
A short distance from Floyd Lake, near the
road to Oak Lake, can be found quartz boulders,
and easterly from there (from five to eight
miles) on a homestead claimed by Phillips, can
be found good quartz if not the cropping*, it
is good indications of lode near by. It is more
difficult to find a quartz lode in Minnesota than
in a mountainous country. The dethof soil
keeps it hi MDJSB.
We assisted Hans Lund to get the post
office last fall, and now he has gone back a
ns. What base ingratitude!