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BY H. HALL.
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THE DAILY tfLOBE
FOR THE CAMPAIGN.
The campaign of 1878 bids fair to be as impoitanl
and exe'ting as any which the country has witnessed
sinoe 1860. It i3 conceded that tho Democrats wil'
have control of the Senate In 1879. If the Democrats
can retain the House of Representatives, which the
now hold, they will have full control of Congress.
The Kepublicans arc making a life and death strug
gle for the House.
Minnesota can, with proper effort,
8eni Two Democrats to Congress
The GLOBE proposes to do its share to accomplish
that result Two Republican district conventions
are to be held July 10th, and two Democratic and the
third Republican follow the same month. The
DAILY GLOBE will be sent by mail, post paid, to
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JDLY lOtn O NOVEMBER
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GLOBE to let such a flood of light in upon Republican
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Do not delay, but send in your names at onco to
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ST. PAUL, SATURDAY, JULY 6, 1878.
of being a gobbler, Turkey is
MOTTO of the peace congress: Ijet us have
a pieceof Turkey.
SHELLABAEGER turned pale when he heard
Weber's testimony. His client will be turned
It was the name of the American boat
crew that beat the Irishmen. They couldn't
master the Sho-wae-cae-mettes.
OTTEB TA IL county with eight votes has
declared for Washburn. The strumpet of
corruption went through that county some
six months ago.
WASHBUEN figures up that he has bought
sixty-six of the delegates already chosen. As
he only needs sixty-nine he can probably
buy up the other three and be happy.
How would "Hurrah for Hewitt and Wat
terRon!" sound as a battle cry in 1880?Cin-
It would be "full of sound and fury, sig
nifying nothing," just like their controversy.
THE Sherman letter is destroyed, and the
author is now said to bo sorry he didn't deny
its existence emphatically in the first place.
Tho photographic copy, however, may rise
up in the day of judgment to accuse him.
TILD EN has gone to Europe. couldn't
stand the Hewitt-Watterson controversy any
longer. And besides, it is said Grant is
accumulating campaign capital over there,
and Sammy wants to see how he does it.
MINNESOTA only gels $-10,000 in the river
and harbor appropriation bill passed at the
recent session of Congress$10,000 for
Minnesota river and $30,000 for Red river.
These amounts are greatly needed, and will
he productive of as much benefit as any sim
ilar amounts elsewhere applied.
IF Mr. Lee, of New Jersey, had rowed but
two more strokes in the race for the diamond
sculls at Henley on the. Fourth, the Ameri
cans would have had a clean record in their
contests with their British cousins.
thought he had passed the stake, but found
out when too late that he hadn't.
AUSTRIA refuses to agree to the proposed
limitation of her occupation of Bosnia and
Herzegovina, and notwithstanding the pro
test of Turkey, has already commenced her
occupation. Once established, the Austrian
occupation will be permanent, despite either
protests or promises.
THE newspapers who have shed teais of
grief and wasted columns of space over the
death of Muley Hassan, the Emperor of
Morocco, are now indignant to learn that he
is not dead. This business of assassinating
emperors is getting altogether too common,
and the editors who engage in it deserve no
IF the St. Paul boat club hope to gain
fame among respectable people they had
better have a little more regard for decency.
We do not know any reason, muscular, or
otherwise why any more latitude should be
allowed members of the boat club than other
people, but we do know that if a man should
appear on Third street to-day in such a garb
as the young men of the boat club wore on
the Fourth, he would be arrested for indecent
exposure of person. Until such time as the
unii 111 IILI ii i i!- '""'^m
boat club ohoose to change their style, ladies
having regard for modesty should abstain
from visiting the dab house.
CHICAGO property owners are in a great
stew because a list of the houses of prostitu
tion in that city, together with the names of
the owners of the property on which they
are located, was recently submitted to the
grand jury. I ia said that more than half
of the owners of the property leased for
such purposes are prominently connected
with churches and religious societies.
EPH. HOLLAND, the Cincinnati ballot-box
staffer, is filled with gratitude to Stanley
Matthews for interceding with the President
in his behalf, and to Hayes for granting him
a pardon, and therefore declares he will work
for the Kepublicans in future, especially as
the Democrats have cast him out. His
assistance is accepted with great glee by the
Republican pres3, and the Cincinnati Com
mercial and Chicago Tribune entreat that he
will give them a Congressman or two by the
means he delights to employ.
THE irrepressible Private Dalzell wants
somebody to knock a chip off his shoulder,
and is disconsolate because nobody will do
it. wants to debate the question: "Ought
the people of Ohio, and especially the sol
diers, to indorse and approve tha character
and conduct of the present Democratic legis
lature in every particular?" could make
the question still broader, and yet find no
body to quarrel with him. might ask:
'Ought anybody to indorse and approve
the character and conduct of any legislative
body that ever existed in every particular?"
and the answer would be unanimous, "Cer
REPUBLICANS all over tbe country are
abusing the Democratic House for delaying
*he passage of the appropriation bills till the
last few days of the session, under which
aircumstances the enactment of odious legis
lation could not be avoided. We admit that
it is a pernicious practice, and should be
remedied, but does the oldest inhabitant
remember a Congress which completed the
vppropriation bills earlier in the session?
CUey have been invariably the last business
transacted by both Republican and Demo
sratic Congresses, and one party is deserving
of as much blame as the other for the evils
which almost invariably flow from hasty leg
islation on the most important of subjects.
IN speaking of the policy of the govern
ment towards Mexico, Secretary Evarts said
the other day that he fully realized the neces
sity for using every possible means to put
an end to outrages on the Texas border, but
that if he adopted such means, Congress
would not support him. This is a gratuit
ous insult. Had Mr. Evarts pursued any
but the most craven policy towards the rob
bers of the border, he would not have lacked
Congressional support. Th truth of the
matter is, the government of the United
StateF, by its cowardly, despicable policy,
has invited and encouraged insult not only
from Mexico, but from every other nation
on the globe. American nationality is a
laughing stock all over the world, simply
because of the contemptible imbecility of
the present and the preceding administra
TIIK columns of the GLO BE yesterday
morning gave a very correct idea of the char
acter of the pastimes most in vogue in
America at the present time. Horse-racing
occupied the greatest prominence, and tens
of thousands of people visited the race tracks
on Thursday, and remained beneath a broil
ing sun to witness the trials of speed. Th
stJort is fast becoming fashionable, and if di
vested of some of its worst features, such as
the pool-box and the drinking booth, it
would become wholly unobjec-
tionable. This reform, however,
must be the work of many years. Some
of the more influential horsemen, we notice,
are moving in this direction, and it is to be
hoped their efforts will be crowned with suc
cess. Next in importance to the race track
is the water course, and trials of speed at
vowing were had on bot sides of the Atlan
tic that awakened more than a passing inter
est. Th regatta is surrounded by fewer
temptations to gambling than the horse
race, and is theretore more popular among
polite people. Bu reform in tho manage
ment of these is also needed, for the tenden
cy is to make tkem more and more each year
contests for profit instead of mere muscular
superiority. The ball-field attracted its share
of the public attention. All three of these
sports appear to be increasing in popularity
every year, and as people will be amused by
these or other similar means, it behooves
those who are interested in their success to
make them, as far as possible, fit for the pat
ronage of the best class of our citizens.
WILL THEY BE PUNISHED?
After the Potter investigation what? Will
the members of the committee be content
with probing the iniquity to the bottom?
Will they be satisfied with having proved to
the whole world that Hayes holds the Presi
dency by fraud that the chief among his
counsellors is a man who actively participat
ed in the frauds by which a whole nation was
swindled out of the benefits of the fran
chise that the hops of political preferment
has been held out as a reward for perjury and
theft that few of those who now hold office
are unsmirched by the prevailing corruption
of th3 times? Will it be enough to expose
the disreputable means employed by usurpers
to fasten hold upon public officesto let the
people behold them in all their hideousness
and execrate the workers of this iniquity?
If this shall be done will it constitute the
whole duty of the committee? W think
not, and for several reasons.
The punishment of the criminals will be
wholly inadequate to their offenses. What
is this much-talked of public sentiment? I
is simply partisanship. There never yet was
a criminal so depraved, so imbued with
crime, as to be absolutely cut off from public
sympathy. Murderers have their partisans
their friends who shower favors upon
them with unstinted hand, and lead them to
overlook the enormity of their of
fenses. What cares a man who has
imbrued his hands in his brother's blood
that the bulk of mankind hold him in ab
horrence. Th people whose friendship he
most values, remain faithful to him all the
rest are mere indefinite idealities that do not
concern him. So with a liar, a thief, a
perjurer, a forger. They are all surrounded
and sustained by their particular coterie of
friends, and were it not for the punishment
visited upon them by the law, all the "pub
lic sentiment" in the world would have no
effect upon them. They would laugh at it I
_^ --r-r- T\"if ITT /\x,
against Sherman and his gang of perjurers
and thieves, the theory that public sentiment
would be an adequate punishment is sheer
mockery. From the very nature of this
case, public sentiment is partisan in partic
ular. Many Republicans are firmly of
the belief that the pending prosecution is
simply a partisan device, conceived and car
ried out for the purpose of attaining some
political advantage. No amount of testi
mony, no matter how direct or unimp acha
ble, will convince them that the President
and his associates have committed wrong.
They will steadfastly believe that the wit
nesses against them are perjured. These
will be always active in their sympathy
towards those they conceive to have been in
jured. Misfortune and prosecution always
beget sympathy the human mind, and
the object of it is surrounded
as by a bulwark against the
annoyance of unfriendly criticism
or hostile remarks, so that a man who is in
reality ostracised by the public at large, for
crimes committed, never realizes the fact by
reason of the quickened sympathy and in
creased faith of those who still cling to him.
Public sentiment is impotent to punish for
crime in every instance, and particularly
where the criminal is rich, and surrounded
by active and influential partisans, who take
the pains and have the power to bar the ap
proach of all that will offend.
There is but one adequate punishment for
the offenses that have been committed in
Louisiana and Florida, and that punishment
is prescribed by law. The crimes of bribery,
perjury, forgery are punishable at common
law by imprisonment and fine. If the Pot
ter committee, having proved these crimes,
shall stop short of the enforcement of the
utmost penalties of the law upon thooe who
have been proven guilty, it will be direhct of
its duty, and its labors will be of no availa
mere farce. Th public must be given to
understand that such crimes as these men
and women have committed shall not be per
mitted to go unpunished. If Sherman, by
reason of his high position, shall escape
punishment for bribery and subornation of
perjury, and Matthews, Packard, Kellogg,
and others shall escape the penalties of their
transgression, the punishment of a score of
criminals of less degree will be useless.
If Jenks and his wife, Anderson, Darrall,
Dennis, McLin, and the scores of other dis
reputable, self-convicted perjurers are to go
unmolested, how can justice consistently be
meted out to Tom, Dick or Harry, who
may hereafter go on the stand and boldly
perjure themselves, without creating a su
preme disgust for the law and its adminis
We insist that it ia the duty of the Potter
committee to act firmly in this matter. Th
exposure of the mass of political rottenness
thus far made has been to some extent a
benefit to the community at large, but the
actors in this tragedy have not been made
to feel that they have committed crimes.
On the contrary, they have been elevated to
the dignity of heroes in a battle for right, oi
martyrs to a good cause. It is not justifia
ble to commit a transgression that good tuaj
come, and when it is recognized that perjurj
in any cause will be condoned, we may at
well bid farewell to public truthfulness ai
once. Sherman must not only be made
feel the weight of public sentiment, but he
must sleep behind prison bars. Anderson,
the Jenkses, Darrall, Packard, Kellogg ano
their partners in crime must do penance on
prison fare for their brazen disregard for
the laws of the land. No less punishment
will vindicate the law by no less rigorout
means can these people and others be deter
red from repeating, at the first opportunity,
the offenses of which they have been guilty.
Lake Superior News.
This is the title of anew paper just issued at
Duluth. Judging from the initial number, ii
gives fair promise of being a SDrightly, lively,
newsy journal, independent and outspoken, but
candid and fair. Messrs. Woodbridge & Dei
plain are the publishers.
There is no paper in Mexico, and the news
papers have been obliged to suspend publica
Beer and musio will not mix in Boston,
where all attempts to establish such gardens as
are fashionable in most other cities, have
Spurgeon says he would do nothing to con
vert Bob Ingersoll He is a green watermelon.
The more he abounds the sooner the public
will turn from him.
B^The Queen of Denmark has received from
the Empess of Russia the decoration of the
Red Cross. If reports are true the Queen was
cross enough before.
Edison's very, very, very latest invention i
the tasimeter, to measure pressure. Every
young lady should wear one about her waist, as
evidence in a suit for breach of promise.
Senator Blaine's grandfather was Commis
sioner General in Pennsylvania during several
veara of the Revolutionary war. So it will be
seen that Blaine comes naturally by his war
A Wisconsin paper is trying to divert the col
ored emigration from Liberia. I states that
there is a watermelon patch in that State, 14P
acres in extent, which gives promise of pro
ducing half a million mellons.
It was a mean thing to go and publish the
amount of Bryant's wealth. The idea of his
leaving half a million has infused new vigor
into the amateur poets, and our waste-basket
is full to over-flowing.Boston Traveller.
The prettiest compliment that was paid to
MiRs Newton who was recently thrown in Hyde
Park, was this. Observed a dandy: I sup
pose the horse was jealous because he could
not see her, and in his determination to do so,
threw her off and killed himself."
Cincinnati Breakfast Table: among the Zu
lus, a nation of Caffres, according to eti
quette, the mother-in-law cannot face the son
in-law, but must hide or pretend]to hide, when
she sees him. I this country the custom is re
versed. It is the son-in-law tnat does the
The Vicar of Moresby, England, refused to
bury the son of a publican of the neighboring
village of Parton, and the service was read by a
Congregational minister. His effigy was there
fore carried through the streets on a pole ac
companied by a band of music, and then pub
The old Catholic Synod at Bonn has decided
by 75 votes against 22, that the prohibition of
the Canon law of the marriage of ecclesiastics
above the rank of Sub-Deacon does not consti
tute, in the case of old Catholics, either an ob
stacle to the marriage of ecclesiastics or to the
care of souls by married ecclesiastics.
Senator Thurman, of Ohio, said to a New
York Herald interviewer: "We want to, and
will carry Ohio this fall." He thought the
Democratic party was never in better condition
for a contesttheir record in Congres had
been excellentthey had done much work that
must be acceptable to the peoplethe Potter
investigation would do the Democratic party
scorn it, I the particular offenses charged sailed.
good, as long as Hayes' title is not as-
THE ST. PAUL DAILY GLOBE. SATTJRTUV Mnwffi M.T i7
JDECISION OF CASE FILED YESTER
James Bennett, Respondent, vs. Richard 0. Jolly,
Montgomery Q. Tiers and Catherine A. Bob
imon, Defendants, and 0. P. WhUcomb, In*
tervenor and. Appellant.
The object of this action was to correct a
misdescription of premises, occasioned, as ia
alleged, by inadvertance and mutual mistake
tbe execution of certain powers of attorney
and a certain deed made in pursuance thereof,
on the 22d day of September, 1876, for the
purpose of conveying to the plaintiff certain
premises purchased by him of the
defendant and to reform such instruments in
conformity with the actual agreement and in
tention of the parties thereto. Defendants
made no answer to the complaint, but suffered
a default to be entered against them, after
such default the appellant herein, Mr. Whit
comb, procured upon his affidavit accompanied
with a propoe complain as intervenor, an
order upon the plaintiff to show cause why
upon the facts and grounds therein stated he
should not br permitted to intervene in the
action and become a party thereto by filing and
serving his said complaint for the purpose of
defending as action as snch intervenor.
Upon the hearing the application was denied
and the order to show caus discharged. From
this order the intervener appeals to this court,
and the respondent made the preliminary ob
jection that the appeal will die, because the
order is not an appealable one, and a dismissal
of the appeal is aski d. The statute (Cb. 60,
Gen. Laws, 1876, amendatory of section ill,
ch. 56. gen. stat.) under which the right to in
tervenor is asserted does not seem to contem
plate the necessity of obtaining any prior leave
of the conrt to serve and file
a complamt in order to be-'*
come a party intervenor in an action.
In case a party brings himself within the
statute by the facts stated hia complaint, his
right of intervention would seem to be au ab
solute one, not dependent upon either the favor
or discretion of /he court. Ail he is required
to do is to servq and file within the pioper
time the requisite "complaint, and he thereupon
becomes a party to the action v\ith the right to
be heard in respict to the matter in litigation
so far as concern* any interest disclosed by the
complaint whieh'he may have theiein to be af
fected by its lesut accotdmg to strict practice,
theiefore the application of appellant tor leave
to file and serve tb\ proposed complaint as an
intervenor herein vas wholly unnecessary, but
we spe no valid objection, however, to the
course which tbe court pursued iu this in
stance, with the consent of all parties, of con
sidering the question sought to be raised by
such application aato the ri^ht of the party to
intervene upon the complaintall the parties
in interest being bfore it and heardthe same
as though tbe question was properly raised af
ter complaint fildl upon a motion to strike
the same from the files as being
wholly unauthorized under the statute, and
of determining it accordingly. Thus con
sidered and treatei, the order, which is the
subject of this appeal, is not an appealable one
under oub. 6, sec. 8, ch. 8C, general statutes,
because it is not an order made in a special
proceeding or upon a summary application ia
civil action fter judgment. The term
special pioceedihj, as used in this clause of
the statute, has no reference to any judicial
proceeding or decision had or made in -and
during the progress of a civil action to
judgement. The order in question was made
in the civil action already commenced and
pending, and if afpealaKe at all it must be
because of some other pr vision of the statute.
It is not covered bv tho fifth subdivibi not the
-am section, as snggested by appellant's
ounsel, because itneither determined the ac
tion nor prevented rendition of a judgment
therein. Does it fall within the the
third subdivision as an order invoicing the
.nerit.s of the action or any part thereof,
if the order in its effect passes upon or deter
mines any positive legal iis,ht, or interest of
the appellant in litigation, in the action which
oy the statute he is authorized to interpose
therein for adjudication as an intervenor, or if
it deprives him of any oppoitunity of inter
vening in respect io any such right or interest
or the purpose of obtaining
ny adjudication thereon in such
iction, it may be said to that extent
to involve in part the merits of such action. If
however, its only effect is to prevent him from
intervening as a party in the action for the as
.ertion of rights wholly iirclevant and foreign
any matter involved in the litigation in con
roversy therein, it can be haidly said to affect
in any way any part of the merits of said action,
,he character of the order in question therefore
in this respect depends upon the construction
the statute under which the right to inter
vene is asserted and whether the facts disclosed
in the complaint of intevention, considered in
reference to the matters in litigation in the
iction between the original parties
thereto bring the case with its provisions. The
statute provide* that "any person who has an
interest in the matter in litigation, in the suc
cess of either of the parlies to the action, or
igainst either or both, may become a paity to
*ny action or proceeding between other persons,
aithcr by joining the plaintiff in claiming what
is sought by the complaint or by uniting with
che defendant in resisting the claim of the
plaintiff or by demanding anything adversely
to both the plaintiff and defendant, or either
3f them, either before or after issue has been
joined the cause and before the trial com
mences. The court phall determine upon
the issues "made by the intervention at the
same time that the issue in the main action is
lecided aud the intervenor has no right to de
lay end if the claim of the intervenor is not
sustained he shall priy all the costs of the in
tervention. The intervention shall be by com
plaint which must set forth the facts on which
ohe intervention restH, and all the pleadings
therein shall be governed by the same princi
ples and rules as obtain in other pleading^'
(chapter 50 general laws 1876).
The doctrine of intervention as embodied in
the statute evidently originated in this
country in the civil code of Louisiana
whence it was subsequently taken
and incorporated into the jurisprudence of
the States of California and Iowa, whose
*tatutes upon this subject have been copied by
aa in almost their identical language. The
question as to the meaning of the provision
which in terms allows "any person who has an
interest in the matter in litigation in the suc
cess of either of the parties to the action or
against either or both," &c, to berome an in
tervening party, has been betore the courts of
thooe States at different times
and has uniformly received one
and the same answer. In Gasgrut, et al
vs. Johnson et al., 1 Louis, 431, a leading case
upon the subject, the suit was brought upon a
bill of exchange drawn by the defendants, but
the plaintiffs' petition contained such a misde
scription of the draft as was fatal to a recov
ery, unless it was allowed to be amended. Sub
sequent attaching creditors claimed the right
to intervene for the purpose of obiecting to the
power of the court to grant the amendment on
the ground that they had an interest in defeat
ing a recovery in favor of the plaintiffs, be
cause the debtor defendants' propeity was in
sufficient in amount to satisfy the claims
of all their creditors. The court deemed their
eight to intervene for that purpose on the
ground that Ruch their interest was not "an
interest in the matter in litigation within the
meaning of the statute." Speaking of an in
terest of that kind it says: "This we suppose
must be a direct interest by which the interven
ing party is to obtain immediate gain or suf
fer loss by the judgment which may be ren
dered between the original paities otherwise
the strange anomaly would be introduced into
our jurisprudence of suffering an accumula
tion of suits in all instances where doubts might
be entertained, or enter into the imagination
of sub&equent plaintiffs that a
defendant against whom a previous action was
made, prosecution might not have sufficient
property to discharge all his debts, for, &s the
first judgment obtained saight give a prefer
ence to the person obtaining it, all subsequent
suitors would have an indirect interest in de
feating the action of tne first. To authorize an
intervention, therefore, the interest must be
that created by a claim to or lien upon the
property, or some part thereof, which is the
subject of the litigation." Por a very full col
lection of the authorities upon this subject,
see Pomeroy on Remedies, sees. 426 to
431, and notes thereto appended.
In Horn vs. The Valeano Water Power com
pany et al., 13 Cal., 62, the doctrine of Grasjast
et al. vs. Johnson, supra, is cited with ap
proval and the true rule is thuB tersely ex
pressed: "The interest which entitles a person
to intervene in a suit between other parties
must be in the matter in litigation and of such
a direct and immediate character that the in
tervenor will either gain or lose by the direct
legal operation and effect of the judgment."
Under this rule as is there declared, a simple
contract creditor of a common debtor has no
right to intervene in a suit between the latter
and another creditor for I he sole purpose of
contesting the validity of latter's
"*NJfc$SkS* ~r ?^'-s%C.?fv*'3?*- item's*-
claim and preventing the recovery of a
judgment thereon. The case *of Speyer vp.
Shmels & Co., 21 Cal. 281. cited by appellant,
gives no countenance to any different doctrine.
There the question arose between the prior and
subsequent attaching creditors of a common in
solvent debtor. The subsequent attaching
creditors were allowed to intervene in the ac*
tion between the debtor firm, Shmels & Co.,
and Spf-yer, the first attaching creditor, for the
6ole purpose of securing a postponement of
the prior lien which he had acquired under his
attachment, and contesting the validity of his
claim to that end, on the ground of its ficti
tious character, and that it was being proscnted
by collusion between plaiutifi and defendants
with intent to defraud tbe bona fide cred
itors of the latter, including the said
intervenors. The principle of this decision is
in entire harmony with the doctrine held in
Howe vs. vol. W. C. 13 Cal. sup. In case at
bar the proposed complaint of appellant dis
closes no interest in the matter in litigation
between the original parties to tbe action,
such as entitles him to intervene therein. The
sole object of the action is to reform certain
powers of attorney from defendants to one
Sharpe, authorizing the sale and coveyance of a
certain tract of land, and also the deed of con
veyance given to plaintiff under such powers,
in respect to an alleged misdescription of the
premises intended to be conveyed, which oc
curred in both the powers of attorney
and in the deed through mu
tual mistake and inadvertance as executed
they related to the east half instead of the west
half of a certain quarter section, as was intend
ed. The reformation of these instruments so
as to conform to the actual agreement and un
derstanding of the parties thereto was the only
purpose of the litigation in the action, the con
troversy respected the validity ot no title noi
possession of any land. It Bimpiy involved the
inquiry whether the land intended to have been
described in the instiuments in quettio was
in fact the east or the west half of the quarter
section, according to the actual agreement ot
the parties thereto, and if there was an error
in the description whether it occurred
through mutual mistake and inadvertance. In
the determination of these questions the claim
of title and position made by the intervenor to
the land in question under the tax sale, and
the alleged attempted redemption thereof bj
the plaintiff, are wholly inelevant matters en
titled to no consideration, and incapable o be
ing directly affected by any judgment that can
be righttully rendeied in the action assuming
the facts to be as stated in the intervenor's
complaint, and that neither of the original par
ties to the action have any lawful title or right
of possesion to the lands. Still the plaintiff is
entitled, of light, upon defendant's default
to his judgment reforming the erroneously
made instruments. The intervenor sets up no
I claim under either of the parties to the action
neither does he connect himself as a parly or
privy to any of tbe conveyances or instru
ments sought to be mnected, and it is no
concern of his whether the alleged mistakes
therein are connected or not, as both he and
his alleged title are utter strangers thereto,
whatever judgment may be rendered between
the original parties to the action it is cleai that
he will not derive any immediate gain or suffer
any loss by its direct legal operation and
effect. Such being the case, he has n. right to
a standing in court to be heard in such action
in respect to his alleged claim, and the ordei
appealed fiom was properly granted. The or
der in no way involes the merits of the action
or any pait thereofas well might it be claimed
that an order prohibiting him from intervening
in the action for the purpose of eni'oicing a
claim against one of the parties thereto, found
ed upon a personal toit or upon a prorniBhor)
note, was an adjudication upon any of hi
rights in respect to such action.
It sirr ply determines that unon the alleged
facts he is an utter 'stranger to the matter
controversy, and hence has no right
to interfere in the litigation as bearing upon
the appealable character ef the order as involv
ing the merits (see St. John vs. \Vest, 4 How.
Pr. Rep. 320,) where a question somev.hat anal
ogous is discussed.
The appeal must be dismissed. COKXELL, J.
Mankato Union: Corn looks splendid.
Windom Reporter: Grain is heading out
niecely and the rust is reported as not dam
Ortonville (Big Stone county) North Star:
The wheat fields in the vicinity of Orton
ville make flattering promises of an abundant
lted Wing Adcance: By the latest reports
from the country the wheat never looked
finer. The heads are all full arid large, and
the wheat will be ready for harvest in the
course of three or four weeks.
Farmers in Sherburne county side are
jubilant over their prospects for a fine crop
of small gram. Th season has been all
they could desire. Their grain is more for
ward than that west of the liver, and harvest
is almost at hand.
Caledonia Courier: I Sheldon, Houston
county, gram looks well, and no complaint
has reached os in the valley about rust, al
though there is some fear of serious injury
on the prairies. The heavy rains have de
moralized the chinch bugs.
Wa&eca (Minnesota) Radical: The storm
in this vicinity, last Saturday night, was
quite heavy, both in wind and water. From
all parts of the country we learn that wheat
and oats are badly lodged. This is unfortu
nate as lodged grain never fills well.
Le Lueur Sentinel: Tho wheat in i.his vi
cinity is all headed and tbe berry is half
formed. Th heads are unusually large.
The rain storm on Saturday nig lit blew down
considerable wheat and oats in the timber.
and will cause some loss. Some of it has
since partly raised, however.
Todd county, (Long Prairie) Aryas: Mr.
Hilger, living a mile east of town, showed us
a sample bunch of spring wlieat las Wednes
day which he pulled from his field. It meas
ured over forty-two inches in height, and is
just heading out. I lodged during the
rain Tuesday, tut righted again.
Cannon Falls Beacon: Growing corn in
this vicinity has been much improved by fa
vorable weather during the past three weeks.
Cold weather before that time exercised a
damaging influence upon it. Farmers who
had planted large fields were feeling rather
despondent at one time, but now say the
prospect is more encouraging.
St. Cloud Times: Commissioner Halm,
of the town of St. Martin, Wis., is in the
city to-day. He reports the crop in st)len
did condition in his locality, but states that
the wheat, which is very heavy, has been
"lodged" in small patches, by late rains and
winds. If dry weather should continue for
three or four weeks, he calculates that no
damage will result, and that an immense
crop will be harvested, Only 28 bushels of
wheat and 2,000 of oats were harvested
that town last year.
Little Falls Transcript: Mr. C. B. Buck
man, of Buckman township, has 210 acres
of splendid wheat. I is now higher than
his fence, and the yield cannot fall under 30
bushels to the acre, if the weather continues
favorable. This will give a total yield of
6,300 bushels. Mr. Buckman estimates the
cost of raising it, including interest on the
value of his land, threshing and the cost of
fences, &c, at 37 cents a bushel. also
has 90 acres of oats, barley, and other crops,
all of which look equally as w.ell as his wheat.
Who says that farming does not pay?
Owatonna Journal: Some of the farmers
in this county report that the heads of wheat
are much smaller than they were last year,
and predict a large decrease in the yield.
We still continue to hear of rust on th8 low
er portion of the stalks. Rust on wheat is
unusual in Minnesota, but a season during
June of heavy morning dews, followed by a
hot sun, has produced it. As yet we have
heard no fears expressed that the rust will
materially injure the crop. We hear of very
little damage done to the wheat by the late
wind and rain storms. I fact the4ain has
been a benefit by washing off a good deal
of the rust. There has been some com
plaints in regard to smut, but a_ gentleman
who has examined a great deal of wheat, in
forms us that there is no genuine smut.
Here and there he finds a blasted black head,
bushel to ten acres.
A bank is about to be established in Zum
brota, Goodhue county.
Thieves were frightened away from the
store of Good, in Morris, Stevens
county, the other night, by the clerk who
sleeps* in the store. They fled before he had
time to get a crack at them with his revolver.
George Watford, of Kenyon, Goodhue
oounty, was drowned a few days ago in a
mill pond while bathing.
In the early morning of July 2d an un
occupied house in Waseca was destroyed by
firethe work of an incendiary.
I is reported that tramps are beginning to
move in force on southern Minnesotasev
eral petty depredations are reported.
John A. Willard, of Mankato, has sold
some $40,000 worth of land this season, lo
cated in different parts of the State.
On the morning of July 3d, the machine
scop of I. Cotton & Co., in Kasson. Dodge
county, was destroyed by fire. Loss $8,900.
Twenty and twenty-five pound catfish were
for sale on the streets of Ortonville, Big
Stone county, the other day, and it was a
poor day for fish, too!
A drawn knife, a knock down, hard swear
ing, a rough and tumble and a lively time
generally illustrates a billiard saloon row in
Red Wing the other day.
A band wagon belonging to Rurr Rob
which will disappear before harvest. There
is not enough of them, however, to make a I the school house found upon them.
menagerie was upset a few days ago,
nenr Mound 'Prairie, and one of his men
seriously, if not fatally, injured.
Prairie chickens are growing large and
fat, preparatory for the general merciless
slaughter which commences (or is legally
permitted) on the 15th of August.
The Todd county Argus says their great
hearted sheriff feeds the prisoners at his own
expense. But, then, the county has neither
jail nor prisoners. What a paradise is Todd
county, to be sure.
County Treasurer Ring was tried in Shak
opee, Scott county, last week, for embezzling
tbe public funds. The trial occupied three
days. The jury were out ten minutes and
returned a verdict of not guilty.
Many farmers in Steele county are selling
their cows owing to the low price of butter.
Interior butter sells at 6 cents a pound, and
it is hard to find buyers at that. Good
butter brings from 12}^ to 15 cents a pound.
The Austin, Mower county, Transcript.
pays: "Burglars have attempted to enter
several houses in the city during the last
week, but tho inmates slwep like the devil,
that is. with one eye open, and their callers
left. No cards."
Mrs. Rev. Gilbert Shaw, of Wilton, Was
eca county, was thrown from a buggy by a
flightened horse, and the bones of one ot
her aims were broken, and the elbow joint
was dislocated. Being an elderly lady she
suffer* seveiely from the shock.
On Monday, July 1st, the citizens of Al
bert Lea were startled with the announce
ment that Hattie Stage was dead. She vis
ited Moscow a few days before, where it is
supposed bhe contracted the disease, dip
thena, of which she suddenly died.
Most of the buildings in Faribault de
stroyed by the late great fire will be speedily
rebuilt. The insurance has generally been
satisfactorily settled, courage and enterprise
are being devloped, and the burnt district
will soon be covered with buildings far bet
ter than those destroyed.
The body of a young man named Jacob
Biackuer was found a few days siuco in the
woods, in Hollywood township, 'Wright
county. I had lain there some ten days,
and was terribly mutilated by crows. Th
deceased was given to intoxication, and it is
supposed he died in a drunken fit.
In the town of Hartford, Freeborn county,
an attempt was made, the other night, on
the life of Thomas Rambo. met a
man on horseback, who, after
few words, drew a revolver, and threatened
to shoot him. Rombo fled and hid, the dark
ness covered his retreat. Th horseman
On the road between Caledonia and Hokah
occurred a few dijs ago a lion and a tiger
fight in a cage belonging to Burr Bobbins'
menagerie. The compartment dividing the
animals was broken down and the two beasts
rushed upon each other with exceeding fe
rocity. The Ion was so badly injured that
Goodhue is claimed to be the banner
wheat county. Last year it had 162,000
acres of wheat (3,800,000 bushels.) This
season the acreage of wheat is believed to be
10 or 15 per cent, more than last year. The
pr&spect is cood for more than 4,000,000
bushels of wheat Goodhue county alone.
In Windom, Cottonwood county, awhile
since, R. K. Johnson and Albert Small
argued a horse trade rather energetically,
and both were considerably bruised, and now
Johnson, at the instance of Small, has been
arrested for highway robbery, or horse steal
ing or something, and has been bound over
in $700 to appear at the next term of court
On the evening of July 1st, Bishop Whip
ple, assisted by L. D. Mansfield and D. T.
Booth, held religious services at Morris,
Stevens county, and in his remarks the good
bishop said: "Minnesota is without com
parison in all my travels I have never seen
a country more bountifully blessed." In
private conversation afterwards he remark
ed: "This county, (Stevens), is one of the
best portions of the State, and in a few
years will be one of the wealthiest."'
The annual tramp scare prevails in several
of the States below us. They are moving
northward, and the advance guard is already
scouring northern Iowa and southern Minne
sota. Their conduct has been such in Iowa
that some of tbe papers are calling on the
Governor to make such provision aa he can
in the way of preparing the militia com
panies to afford protection where it is need
ed. Th railroads so far, have suffered
most, for the tramp never pays fare when he
can avoid it.
A horse thief in the Fergus FalK Otter
Tail county, jail, happening to think the cool
air on the outside would be more agreeable,
opened the door and walked out. has
not returned. Another prisoner, feeling
rather sleepy, did not avail himself of the
opportunity presented by the open door, and
remained quiet, but towards morning, feel
ing rather lonesome, he went and informed
the sheriff of the loss of his companion.
This is the way they do things in Otter 'Lai'
county. confess the truth it is no "great
shakes," that Otter Tail county jailonly
The Freeborn County Standard says: "The
unusual number of tramps afloat, which will
be largely increased between now and harvest,
should make people careful to lock up their
premises at night. Two men tried to break
into G. Parker's residence a few nights
since, and were plainly seen by Mrs. Smith,
who was awakened by the noise. On Mon
day night of last week a man was 6een
prowling around the residence of C. M.
Hewitt. During his travels he encountered
Mrs. Hewitt and ran away. I is a pretty
good plan to keep a shot gun in the house
well loaded with buckshot for the benefit of
Some tramps entered a school house at
Watson Creek, Fillmore county, a few days
since, and stole several articles. When the
teacher, Miss Maloney, returned to the school
room she noticed a strange odor. On open
ing her desk she found a light, powdered
substance, which she smelled of this
caused her, as well as several pupils,
who had smelled of the same, to feel faint.
She dismissed school and started for home,
but fell by the way and had to be carried to
her residence. Physicians were summoned,
who pronounced it a bad case of poisoning
by inhalation. Mis3 Maloney is lying at the
point of death. Three men have been ar
rested, and some of the articles stolen from
are in jail.
MINNESOTA NEWS. THE JEALOUS STEVENS.
q i W"Hf c- rc^"'
Elfelt'8 Relations With tho Murdered Girl
Wife in ChicagoHer Visit to His
"One day I followed my wife up toElfelt'a
rooms at 89 Dearborn street, and made her
come down. The person who keeps these
rooms could throw some light on certain
matters that transpired there, but she will
not do it," said Peter E. Stevens to a re
porter of the Titter-Ocean through the bars
of his cell on Tuesday afternoon. What tbe
"certain matters" were he hardly seemed to
know, so the scribe undertook to find the
mysterious person and get some of the
requisite light sh?d around. A legend at the
bottom of the steps said '-Furnished rooms,
inquire at No 24,*' aud, after cliraing three
pairs of stairs. No. 24 and a lady of portly
figure and benign countenance came into
"Are you the proprietress of these rooms
"Mr s. Ford."
I am a reporter, and have come to see
you regarding this Stevens shooting affra\
"Pray be seated. I know ver little nbout
any of the parties, bat will tell you what I
'The prisoner, Stevens, has said that you
can throw some light on ceitain matters, if
'I have noticed that remark, and am at a
loss to know what it means."'
"You know Mr. Walter Elfelt?"
"Only from his occupying a room here.
He came here (books refei red to) on Satur
day, October 20, 1877, and left on the 23d of
"You have seen his name mentioned in
connection with this affair what 18 your
opinion of him?"
I really don't know much about him, ex
cepting that while here he always behaved
himself. He had a room-mate with him most
of the time, and I had no fault to find with
eithei of them, but once, when I blew up Mr.
What was that for?"'
"Well, one evening I hearod footstepst iin
the lower hall, and, K'
BATTLE O BOYNE.
The Magistrates of Montreal Moving to
Preserve the Peace on the 13th of July.
MONTBEAL, July 5.A meeting of justices
of the peace of the city and district, took
place to-day, to consider the best means of
pieserving the peace on the twelfth of July.
Two hundred magistrates were present. Th
mayor offered resolutions which weie adopt
ed, regretting the Orange association per
sisted in the determination to celebrate in
Montreal events distasteful to the majority
of its inhabitants, declaring it unwise and
inexpedient to call out the military except
when the civic foices are inadequate, and
recommending the mavor to issue at once a
proclamation to foibid all assemblages or
gatherings on the streets or public places
the twelfth of July, and calling upon the
citizens to aid the authoiities to maintain
the peace. A resolution that the authorities
be empowered to call out the military
brought on a long and exciting discussion.
Finally it was decided by 40 to 7. that the
rnagistiates having full confidence the
mayor, place in his hands ail power and au
thority to preserve the peace on tho twelfth
A New Name lor Uemittt's Arctic Io?t
HAVEE. July 5.The ceremony of re
christening James Gordon Bennett's steamer
Pandora as the "Jeanette," was performed
to-day in the pr sence of Mr. Bennett, Mr.
Stanley, Capt. De Long and many other
Americans. After the ceremony a lunch was
given on board and many toasts to the suc
cess of the expedition were drank. Mr.
Bennett sails for New Yoik in the steamer
St. Laurent on Saturday.
a Mt\ rial for Turkey.
N EW YOKK, July 5.The steamer J.
Walker for Constantiuopie is now ready for
sea at New Haven, with a caigo of war ma
terial valued at two million dollars.
was I found Mr. Elteli with two ladies
knocking on the door of his loom. I called
him and said, I can't have this, jo must
not bring ladies here."' He explained that
they were friends of his room-mate, and as
they did not go in, and I had no other cause
for "complaint. I let the matter drop."
"Stevens says Elfelt ia a bad voang man
what do you think of th.t?"
"Well, be was onng and good-looking, and
I ehould not wonder it he DiiUd, although I
don't know that he did but I should not
call him a bad man."
"Did you at any time see him taking
women into his room, or know of his doing
"No, or I should have stopped it. There
was one young lady I think I have heard him
tefer to an Eva, who came to see him oc
casionally, but in the day time when he was
at busiuess. She had no k"y, but would
come to me or the c'va'iibei-maid and ask
for the key of Mr. E!fe t's room. Some
times I would go down theie and find her
alone, either attcnduig to his linen or deco
rating the room with flowers, and so on."
"Did you know Mrs. Slovens, tho dying
"I saw her once or twice."
"Stevens said he followed his wife to El
felt's room one day, and made her come
down do you know anything of that?"
"To the best of my knowledge and belie^
she was never in Elfelt's room, or in mi
other room the building, but once, and I'll
tell you how that happpned. Mr. Elfelt left
here on the 23d of Maich, and in my charge
he placed a worked cushion, which be said
belonged to Eva, and asked me to give it to
her when she called for it. One alt&rnoon
about four o'clock. I think it was just about
a week after Mr. Elicit had left the building,
I was sitting alone diinking a cup of team
my bitting room, when a beautiful ^'iil tipped
on the door and asked if Miss Canoll was
there, or had called for that cushion. I paid
no, and on invitation she came inside. We
chatted a few moments, when suddenly I
noticed somebody hovering around the door
and peeping in. I arose and said, "Come in,
sir," and a sly, mean looking little fellow
shuffled in. I said, "What do you want,
sir And he, pointing at the pretty gnl,
said, I want that woman." I have been
across tho road watching jou
for half an hour." Then
I think he remarked. "She's my wife," and
on learning that she had come and inquued
for Miss Carroll, he commenced to Jibuse
her (Mibs and after the pretty gii 1 had
defended her friend awhile, they left to
gether. The thing bewildered mo for the
time, but I shall never forget how pretty
that girl was. Now I take it that she was
Mis. Stevens, (by the way, she told me sho
was Miss Young) and the little mean nun
no other than that Stevens, and if tins is tko
occasion he refers to, when he sajs he fol
lowed her to and took Ler from Elfelt's
room, ho tells a base falsehood, for Elfelt had
moved out a week before."
"Do you know how Mibs Carroll and Mrs.
Stevens got acquainted?"
I do not: but irom hearsny I glean that
it was in this way: One day while Eva was
fixing Elfelt's clothes she found some letters
in his pocket from Miss Young or Mrs.
Stevens, and that being piqued at the dis
covery, she found out Stevens and gave tbtm
to him. I also hear that Stevens and Elfelt
met, but don't suppose that Steven^, thought
he was such a veiy 'bad man as he now
says, or there would have been sometiouble.
I suppose this episocc of the letters brought
the two girls together, and tended to ally
them together, as Mrs. Steven" was vtiy "ve-
hement in the defense of J.Iis Carroll, when
the mean little man abased her." That was
all. And, thanking Mrs. Ford for the in
formation, the scribe withdrew.