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BY II. P. HALL.
NO. 17 WABASHA.W STftEET, ST. PAUL.
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HT. PAUL. FRIDAY, SEPT. 20, 1878.
nON. IGNATIUS DONNELLY
w!U address his fellow citizens as follows:
Litchfield, Tuesday, Sept. 2i.
Stillwater, Thursday, Sept. 20.
Taylor's Falls, Friday, Sept. 27.
Whit" Bear Lake. Saturday, Sept. 28.
Rush City, Monday, Sept. 30.
Dnluth, Tuesday, Oct. 1.
Pine City, Wednesday. Oct. 2.
Gottage Grove. Thursday. Oct. 3.
Long Lake, Friday, Oct. 4.
Wayzata, Saturday, Oct. 5.
These meetings will be held in the evening
speaking to commence about 7:30 o'clock.
Friends of the cause are requested to give the
necessary notice, and arrange as to halls.
Mr. Donnolly will also speak at the Anoka fair
Sept. 25th, at 2 v. M.
TVirr TDistrlot Committee.
To tho Editor of the Globe.
In accordance with the resolution of the late
Democratic Third District Convention, I have
appointed tho following committee for this
district. W. M. CAMPBELL,
Chairman Third Dist. Convention.
LITCHFIELD, Sept. 16, 1878.
Robert A. Smith, Chairman,
Eugene M. WiUon,
Jost B. BasFctt,
Harlan P. Hull,
W. W. McNnir,
William L. Banning,
Dr. A. A. Ames,
P. J. Gicsen,
J. A. Bowman,
Frank J. Mead.
T. Q. Mealey.
C. F. Macdonald,
J. W. McClung.
The above committee are requested to meet
at St. Paul, on Tuesday, Sept. 24, at 2 P. M.
The meeting will be held at tho Democratic
Campaign Room, 4G West Third street.
ROBERT A. SMITH, Chairman.
CALL mo pet names dearest. Something
like "pimp and parasite of a perjured scoun-
drel." Bill and Joe are in.
HAYES, it is said, will pro\ide Hale with a
foreign consulate or a home judgeship. Of
course Hale cannot get along without an
office of some sort. Nature never designed
him for honest toil, either mental or physi
IT i3 now a grave question at the P. P.
office whether the St. Paul dog will waggle
the Minneapolis tail or the Minneapolis tail
will waggle the St. Paul dog. Appearances
seem to bo greatly in favor of the tail wag
gling the dog.
THE Democrats of the Milwaukee (Fourth)
district have nominated V. Deuster, ed
itor of the See Bote, tho leading German pa
per of Wisconsin, to Congress. Mr. Deus
ter is a gentleman of ability, who will do the
district credit at Washington.
THAT pestilent fellow Cohen, who has
been endeavoring to incite disturbance and
bloodshed at Washington, has been held in
bonds to keep the peace for thirty years, and
the case was postponed for that period. If
he doesn't break the peace before his bond
expires there may be some hope that he will
eventually become a peaceable and enterpris
THE Philadelphia Times, one of the
sprightliesb of our exchanges, is about to
begin an innovation in the Quaker City by
the publication of a Sunday edition. This
may shock the propriety of the denizens of
that ancient burgh, but we have no doubt
the Sunday 'Times will soon become an in
dispensable accessory of the breakfast roll
THE appointment of Cardoza, the colored
convict of South Carolina, to an important
office under Mr. Hayes, causes some invid
ious remark. But why should not a man
who himself stole the office he holds, ap
point a man who was only guilty of stealing
a few hundred thousands of dollars from the
State treasury? There is nothing incon
sistent in tbe appointment that we can see.
LET 'S see. Thirty thousand dollars, paid
by Bill King to Joe and Fred, as their share
in the construction company. Odd coinci
dence that before the payment Charley
Nichols should have visited Clark Thomp
son and urged him to run for the Senate,
promising support of the Press. Funny,
that after tho $30,000 was paid the Press
supported Bill Windora. Queer, that a few
years later the Press should call Bill King
tho "strumpet of corruption, striding in
naked horror through the district." Per
fectly natural that in 1878 Bill King should
edit the Press, while Fred and Joe fall on
bis shirt front and weep great tears of joy
over tho acquisition of the great and good
man so graphically described in their files.
UB Washington police authorities seem
to be very timorous beings. They dread an
attack by the few hundred ranting commun
ist* upon the United States treasury, and
fear lest the hoards of wealth there stored
may bo distributed according to tbe commun
istic plan. They may possess their souls in
peace. There in in the socialistic mind a
holy horror of tho results of the contact of
grape and cannistcr with the human anato
my, and it is not at all probable that they
ji ii iimnirw II..M..II a,y=t i rm HHIIIHWT* i|i iwg'iy in '"f i"W","l*
will ran the risk of encountering a leaden
hail from the months of the governmental
A BIG row has been created in one of the
Pennsylvania districts, because of the action
of one of the Bepublican candidates for
Congress using unjust discriminations
against certain delegates. The Huntington
Nationalist explains the matter thus:
The Perry county men got onlv $25 apiece,
v/hue tbe Snyder county men, including their
candidate, got each $100 a head. Evidently
there is something wrong. The Perry county
people ought to be worth as much per man as
the Snyder county fellows.
We don't wonder that there is a dis
turbance, especially as it is the cardinal
principle of the llepublican party to permit
no discriminations whatever.
George M. Robeson, ex-secretary of the
navy, has just been nominated for Congress
by the Republicans of the First New Jersey
district. In his speech accepting the nomi
nation he flung this defiance in the teeth of
You have given me the first opportunity I
have had to say to the whole pack of my as
sailants, hunters and hounds, "Now is your
time! Meet me face to face before the people
of this district! Try the issue between us
man to man, eye to eye, each man who fights
to see the man who strikes him."
George needn't give himself any uneasi
ness. He will find plenty to "meet him face
to face" before the campaign is over and
prove to his full satisfaction the charges that
have been made against him. But he is not
to blame for accepting the nomination ten
dered him. It is the party that is to blame
for placing before the people a man convict
ed of the most bare-faced maladministration
of the public trust given in his charge. A
party which chooses such men to represent
it cannot escape the imputation of being in
sympathy -with, the jobbery and thievery
that have been the salient features of the of
ficial conduct of Robeson and those of his
In this connection the GLOBE may be per
mitted to call Mr. Robeson's attention to a
few of the charges that have been at various
times preferred against him, simply that ho
may begin to explain them in due season for
if he doesn't get an early start it is to be
feared that his explanations will require
more time than is allotted for the Congres
sional canvass. Mr. Robeson cannot be ig
norant of the fact that while he was secre
tary of the navy he was openly accused of
being in a corrupt partnership with the Cat
tells, of New Jersey, through whom all con
tracts for work or materials for the depart
ment were made, and that the government
suffered serious loss through such partner
ship, often having to pay double or treble
prices for the construction of vessels of war
and for navy supplies. This charge has
never been successfully contradicted, and
the bills on ttle in the department are strong
ly presumptive of its truth. Again it is al
leged that another corrupt partnership ex
isted during a part of Robeson's adminis
tration with Secor, and that the relations of
the twain were redolent of fraud. To cover
up these frauds and destroy all evidence of
a documentary character that might bo used
against them, it is charged that the navy de
partment building was set on fire several
years ago, and a large number of important
public documents destroyed.
It is also charged, on the authority of the
present secretary of the navy and a Con
gressional investigating committee, that ves
sels that cost many millions of dollars and
were never put into service, were broken up
and sold for the price of old iron to some of
Mr. Robeson's pet contractors, and that in
this manner the government was twin
died out of twenty-six millions of
dollars. Robeson has never attempted
to explain these circumstances, and he might
begin now. These are a few of the matters
that his adversaries will fling in his face
when he meets them in controversy. It
would probably be well for Robeson to com
mence explaining these rather suspicious
circumstances, BO as to get his hand in for
other explanations that will have to follow.
He needn't be backward in coming forward.
The New York Commercial Bulletin is
somewhat distressed because of Secretary
Sherman's vacillating policy regarding the
issue of silver dollars in exchange for green
backs. As the Bulletin is a purely commer
cial and financial paper, taking no part in
partisan politics, its opinions are deserving
of more than ordinary attention. It says:
The government is no more authorized to
give silver in exchange for egal tenders before
the date of resumption than it is to give gold
in such exchanges. We assumed that the sec
retary had considered this question and had
deliberately determined to act without author
ization, relying upon Congress to sanction his
action because it seemed to be necessary as a
means of getting the new silver dollar into cir
culation and because, by reducing the pre
mium on gold, it would somewhat aid his
preparation for resumption. Strange to say,
however, the secretary's order countermanding
the exchange of the standard silver dollar for
greenbacks requires us to believe that the
question of the legality of his previous orders
of the 3d and 7th inst., had never been seri
ously considered by him, and that the matter
of authority is entirely an afterthought sug
gested by somebody whose opinion the secretary
respects. Such an exhibit of the flippancy
with which the most important department of
the government is conducted is so astounding
that no words of ours are needed to character
ize it. We presume this is tho first time a sec
retary of the treasury has openly confessed that
he issued an important order bearing on the
national finances without considering whether
he had legal authority for his act.
The point of the Bulletin is well taken.
It is indeed extraordinary that a man to
whose care is committed such vast responsi
bility, should take a step calculated to create
so great disturbance in the money markets
of the country, without considering whether
he had legal authority for his act or not.
But the act is characteristic of Sherman. He
is not one of those who considers himself
bound by the law. He is above obeying its
mandates, thinking that he knows better how
to govern the affairs of the nation than those
who made the laws. He therefore attempts
to carry out his own sweet will until brought
to time with a reminder that others respect
the law and will see that it is obeyed.
The pernicious effects of Sherman's fluc
tuating course are already apparent. The
premium on gold is maintained steadily, the
holders not knowing what course the financial
secretary will next pursue. Speculation is
rife at all the money canters, the prices of
all commodities likely to be affected by tbe
gold premium are unsteady, and those who
wish to purchase goods dare not do so for
fear of a further move on Sherman's part
that will knock the bottom out of values.
But this is not tbe worst of it. It has created
a feeling of distrust among all classes of the
communityan uncertainty as to whether
he will succeed in his evident purpose of de
basing the coin of the government. This
Btate of affairs is gratifying and profitable to
a few it is discouraging and ruinous to the
rtany. It prevents what we most needa
settled currency, settled values, and full con
fidence in the financial policy of the govern
ment. The more seen of Sherman the
greater the need is felt for a financial officer
who is endowed with wisdom and actuated
by honest motives.
WILL THE MINNEAPOLIS P. P. GIVE
ST. JP--*.IJJO. A sjaow.
To the Editor of the Globe:
ST. PAUL, Sept. 19.I sent the followirg to
the double-ender to-day, and that the GLOBE
may have an opportunity to publish it simul
taneously I also forward it to you.
Editor of the Minneapolis Pioneer Press:
ST. PAUL, Sept. 19.I see by your replies to
correspondents this morning that you propose
to stand by the local interests of Minneapolis
and devote you best energies to building up
your city. This is right and admirable, but it
occurs to me to suggest, whether, as a business
proposition purely, it would not be advisable to
give St Paul an editorial column also. I would
not expect you to really advocate the interests
of St. Paul, as that would conflict with the city
in whose exclusive interest your paper is pub
lished, but perhaps you have some readers in
St. Paul who would like to see a recognition of
that city even though it was only in name. 1
have felt some doubt about making this sug
gestion lest you might regard it as a matter of
presumption, and I beg you not to consider
that I urge the matter as a right but simply
as an act of magnaminity your part.
This correspondent is certainly not devoid
of cheek. Bill King has over forty thousand
dollars invested in the Pioneer Press. He
has allowed Blakely and Driscoll and Joe to
fool around with the property until it is
much depreciated, and now he proposes to
assume the management himself. Everyone
knows that Bill King is loyal to his town,
and he does not propose to allow his paper
to be used to puff or even tell the
truth, about St. Paul. As a matter Of
convenience he keeps bis machinery in St.
Paul, but he does not, on that account, pro
pose to allow his journal to be disloyal to
Minneapolis. We do not expect to pluck
figs from thistles, and there is no reason to
ask or expect Bill King to give St Paul fair
play in his paper. As far back as when he
published the weekly Atlas in Minneapolis,
be abused and misrepresented St. Paul.
His management of the recent "exposition"
shows that he has not changed his temper,
and his present morning paper, though
printed in St. Paul, will bear the usual Bill
King imprint of hostility to St. Paul. That
is what Bill lives, and works, and has his
WIIV JHZ.Z, KIiSG AND DOC. KEITH
Bill King, editor of the Pioneer, and Doc.
Keith, postmaster at Minneapolis, are urdont
supporters of Bill Washburn for Congress.
In 1871 Cyrus Aldrich was removed from the
Minneapolis post office by Bill King, and
Doc. Keith appointed in his stead. Bill
Washburn got up an indignation meeting
and was the leading speaker. The following
is an extract from the report in the St. Paul
Press of April 12, 1871:.
'"Never before has this community been so
stirred up as it has at the jeinoval of Col.
Aldrich from the office of postmaster in this
city. At first it was not believed by any one,
hardly, and it is safe to say
that not five persons in the city
knew of it, and a still less number desired it.
In the five may be classed BILL KING, Dr.
Keith and Granny Greene. "1 will not attempt
to give you a sketch of Mr, Washbnrn's speech,
but. it was full of bitter denunciations of not
only the dastardly and contemptible means
by which the outrage was committed, but filled
with cutting sarcasm of the mean, contemptible
wretch with whom it was sought to displace
the present occupant.
This explains why King and Keith are so
anxious to elect Washburn at the present
time. Keith rather enjoys being cailed a
"contemptible wretch," and licks the hand
that smites him.
JUDGE WES T, in concluding a speech at
Hillsboro the other day, rounded off one of
his periods with these words:
The greenback is the child of Republican
patriotism. Born of rebellion and cradled in
tbe conflict it was the star of hope and prom
ise of redemption in the struggle for liberty.
This "child of Republican patriotism" is
now disowned and dishonored by those who
brought it into being, and has been obliged
to fly to the Democrats for protection.
What kind of a party is it that throws dis
credit upon its own child.
DAVID A. GAGE, the late city treasurer of
Chicago, who left the city in the lurch to the
extent of over half a million, has gone out
to Colorado, and from thence informs his
numerous creditors that they will have to
look to the bankrupt court for their pay. His
liabilities foot up to about four and a quarter
millions bis assets to four and a quarter
cents. David always had a winning way
Brainerd Tribune: Fires have been rag
ing through the country southeast of the city
during most of the week past, destroying
hay, timber, etc. Wm. Wick has lost nearly
forty tons of hay, and many others similar
and smaller amounts. Hay will be in large
demand here before spring in consequence.
The prairie chickens that have been so
mercilessly pursued by hunters, guided by
instinct, an unerring substitute for reason,
if not reason itself, have betaken themselves
(those that survived the slaughter) to parts
unknown, and it is now difficult for the
keen eye of the hunter, or hi* dog, to sight
even a straggler in their accustomed haunts.
Three thieves Waseca undertook to
rob John Fox, who, drunk, had taken up his
lodgings for the night in a lumber yard.
Marshal Rodel and his assistants had his
on the men, suspecting from their move
ments they had designs on Fox. The mar
shal detected the robbers in the act of rob
bing Fox. Two were arrested, the other es
Mankato Review: A force of nineteen
workmen are engaged in putting in the new
iron bridge at the Blue Earth, on the St.
Paul & Sioux City road, and another gang of
seven are at work on the Winona road, erect
ing barbed wire fencing along the track. The
road has been fenced to this city, and the
force is now working westward, via St.
Sewall and the Stow Pavement.
S T. PAU L, Sept. 19,1878.
To the Editor of the Globe:
I notice a communication in the GLO BE
this morning relative to the Stow pavement
that does injustice to Mr. Sewall, the city
engineer, and thought it proper, as the rep
resentative of that patent, to set the matter
The writer infers from the specifications
that Mr. Sewall means to "crowd out the
Stow pavement." I infer that he is mistaken.
The clause in Mr. Sewall's specifications
which the writer refers to, reads as follows:
"The following specification is intended for
the Stow pavement, but shall be followed by
other pavements so far as it is applicable to
them. The foundation shall be clean, coarse
gravel six inches iu thickness, free from stone
exceeding one inch in diameter, which shall be
thoroughly compacted by ramming. All gravel
used for filling between blocks shall be screened
THE ST. PAUL DAILY GLOBE, FRIDAY MORNING, SEPTEMBER 20, 1878.
so as to be of a size between the size of peas
and the size of hazelnuts, and shall be thor
oughly rammed, &c."
Mr. Sewall having previously recom
mended the Stow pavement in preference to
all other wood pavements, believing it to be
the best, considering the cost, for this city
where the streets are almost constantly being
torn up for repairing sewers, gas pipes, etc.,
he would naturally assume its adoption, and
"having that in mind casually mentioned
that pavement in .the specifications, but yon
will notice he specifically provides that this
specification shall apply to any other pave
ment in case of its adoption.
I can see nothing in this that leads me to
think in the slightest degree that Mr. Sewall
intended, or intends to discriminate against
the Stow pavement. I see nothing unfair,
the specifications will apply to almost any
kind of wood pavement. I am satisfied and
hope all others may be. A. A. MCLEO D.
William S. King: Installed as Editor of a
St. Paul Paper.
To the Editor of the Globe:
The capture of the Pioneer Press by the
Minneapolis Sawdust company and "Grand
Northwestern Exposition," as represented
bs William S. King, introduces a new era in
St. Paul journalism, and presents a new
anomally in the conduct of a professedly St.
The P. P. has had its hands tied and its
feet bound and its mouth gagged so that it
dared not fight for St. Paul interests ever
since it assumed the name of the "St. Paul
and Minneapolis P. P." It has permitted
Minneapolis to present bogus figures of its
growth and claims to supremacy over St.
Paul, without daring to contradict and ex
pose the trick. The union arrangement has
thus been a great injury to this city,
while it has given circulation to Minneap
olis lies, and a publicity that village
could never have had by any of its own
feeble papers. It was therefore noticed,
and has been recently remarked by many of
our citizens, that it was a pity for Si. Paul
that one of our principal journals should
be emasculated in tuis way, and become a
wooden horse for the enemy to introduce
its armed legions into the very heart of our
It was bad enough before. In fact it was
a surrender entire and complete of our
paper to a rival city. But this new arrange
ment throws the old into the shade. It is
not only a surrender, but it will be difficult
hereafter to know which is the dog and
which is the tail.
Bill King says he is not to be the tail. Says
he will not be wagged. Wheelock was ten
der enough before, now will he be less so?
Has this new arrangement emancipated him
so he will dare expose the lies and false
claims of King and Minneapolis? Is
mum the motto of the St. Paul end and fight
tho motto of the Minneapolis end.
Or will "Wheelock advocate St. 3?aul and
puncture the lies of the Minneapolis end.
If the new arrangement does not make the
P. P. a fighting paper for St. Paul while the
King end is a fighting paper for Minneapo
lis then indeed are we sold out, horse, foot
and dragoons. St. Paul becomes the tail,
and King the dog that wags it. Citizens of
St. Paul, where do you find yourselves?
Stillwater Mills yesterday shipped a car
of screenings to New York.
The Helen Mar went out for Hastings yes
terday with another raft of ties.
On Wednesday 2,125 bushels of wheat
were unloaded at the Stillwater mills.
Track laying on the extension of the
transfer line will be completed to-day.
The Nellie Kent yesterday brought up
from Prescott twelve cars merchandise for
Harvey Davis and John Moore were up
before Judge Norgord, yesterday, charged
with assault and battery. Both were dis
John Navratil will play the clarionet in
the Germania orchestrato-morrow evening.
It is probable that his services will be re
The St. Paul & Duluth road yesterday
shipped six cars merchandise and six cars of
lumber to St. Paul and one car of wheat and
four of flour to Duluth.
Mr. Gus Borene, formerly proprietor of the
St. Croix house, is negotiating the purchase of
thirty feet front of ground, corner Second
and Chestnut streets, from Jacob Mieli.
A Happy Murriaf/e.
Theodore Van Tassell and Miss Ida Lowell
were united in marriage Wednesday evening,
at the residence of the bride's mother, by
Rev. Mr. Keihle. Mr. Chas. McCluer and
Mr. Chas. McComb acted as groomsmen,
and Miss Oretha Seymour and Miss Hattie
McKusick as bridesmaids.
After the ceremony was performed the
happy couple received the congratulation of
their many friends. Under the influence of
the sweet strains discoursed by Prof. Jones
and Charles Burns, the company tripped the
lh'ht fantastic. Mr. Van Tassell and bride
were the recipients of many beautiful pres
ents, among which were: A silver ice pitcher
by the members of the bar berry dish,
groomsmen and bridesmaids silver cake
basket, "T. T. T. boys sugar spoon, Mr.
and Mrs. AI. Hospes card case, Matt. Clark:
bouquet holder, J. A. Johnson berry spoon,
J. E. Staples butter dish, Mr. and Mrs. W.
G. Bronson silver butter knife and two
table spoons, Miss Jessie Robertson cuff
pins, Stella Thomson half doz. teaspoons,
Mr. and Mrs. Marsh parlor lamp, Mr.
and Mrs. J. C. Henning two camp chairs,
Nellie Sawyer, Viola Wheller, Cora May
carving knife and fork, Mr. and Mrs. Myron
An Alleged Mail Robber.
Joseph E. Patton was arrested at Rush
ford on Monday, and wasyestereay arraigned
before Commissioner Cardozo, charged with
robbing the mails. Some weeks ago the
postal authorities were informed that a draft
sent from Jamestown, Dakota, to Green Bay,
Wis., for the sum of $100, had been cashed
at a bank in Fargo on the day after it was
mailed. This awakened suspicion, and S.
Childs, special agent of the postoffice depart
ment, was sent to work the case up. He suc
ceeded in tracing the man who drew the
money to Rushford, Fillmore county, where
he arrested him on the charge of robbing the
mails. On application of the prisoner the
case was postponed to the 28th inst., to en
able him to.prbcure witnesses to prove that
the draft of right belonged to. him.
The final report of the executors of the
estate of James M. Taylor, deceased, was ap
proved and executors discharged.
The last will and testament of Mrs. Julia
V. Kiehle, deceased, was provedand allowed,
and the executor named in the will, Mr. R.
S. Lee, required to file his bond, with sure
ties, to the sum of 10,000.
In order to take deposition of witnesses
residing out of the State the hearing of proofs
of the will of Marrietta J. Moulton was ad
journed to October 16, 1878.
SAN FRANCISCO, Sept. 19.Victoria dispatch:
The opposition victories in Canada East have
created much interest here. Sir John A. Mc
Donald, having lost his seat for Kingston.Ont.,
has been put forward as a candidate in Victoria
City, and will undoubtedly be elected. The
Chinese strike continues. Great inconvenience
is experienced by housekeepers and hotel
keepers in consequence of a lack of servants.
There were thirty marriages and twenty
births in" Fond du Lao county during the
month of August.
'fff^y,. jftfeirve,-jW iH-4W''."' i 'i%pjpi JH' nwri^iPrrjiiiifi urn pmptnnifir ^i^^ip
FULL TEXT OF DECISION FILED.
The City of St. Paul, Respondent, vs. Frederick
W. Treayer, Appellant.
The ordinance, for a violation of which, de
fendant -was convicted, purports to be an
amendment of Section 2 of an ordinance in re
lation to markets, and as amended its provis
ions are as follows: "Every farmer, gard
ner, or person producing vegetables,
ahall not sell the said vegetables
in, upon, or along the public streets
or highways in the city of St. Paul without
having first obtained a license so to
do from the city clerk, as other li
censes are procured, for which license
said person or persons aforesaid shall pay
into the city treasury the sum of $25 for one
year ending on the first Thursday of May in
each year, and no fractional license shall be
given, and said license shall only permit the
sale of vegetables away from the public market
after 10 o'clock of any day."
It is apparent that the provisions of this
section are founded upon the assumption that
the common council, under the charter, pos
sesses the power to license the pursuit of tbe
particular calling or business mentioned, in
and along the streets of the city, and to pre
scribe as an incident thereto when it may be
followed, what sum shall be paid
for the privilege, and also to
prohibit the business entirely without a
license as an efficient means for the protection
and enjoyment of the power itself. The ordi
dance is in entire harmony with this view and
no other. It was not passed, as suggested by
counsel, by virtue of any power of supervision
and control over the streets, because powers of
hat character are conferred for the sole pur
pose of putting and preserving the public
streets in a fit and serviceable condition as
such, by keeping them in repair and free from
all obstructions and uses tending in any way
to the hinderance or interruption of the public
travel, and to that end alone can they be exer
The ordinance in question has no such ob
ject in view. On the contrary, it expressly
authorizes the use of the public streets
for the purposes of the licensed traffic during
that portion of each day when ordinarily the
travel is the greatest, and when such traffic
would be most likely to interfere with the free
and uninterrupted passage of vehicles and
footmen, and it contains no provision in any
way restricting, or calculated to regulate, the
manner in which the licensed business shall be
conducted so as to occasion the least public in
convenience. It cannot be claimed that it was
enacted in the exercise of any police p'-wer for
sanitary purposes, or for the preservation of
the good order, peace, or quiet of the city,
because neither upon its face, nor upon
any evidence before us, does it appear that any
provision is made for the inspection of any
articles sold or offered for sale under the license,
or for preventing the Bale of any decayed or
unwholesome vegetables, nor is there any re
straint or regulation whatever imposed upon
the conduct of the business during the time it
is permitted to be prosecuted. Tbe annual
sum exacted for he license is manifestly much
in excess of what is necessary or reasonable to
cover tho expenses incident to its issue. The
business itself is of a useful character, neither
hurtful nor pernicious, but beneficial to society
and recognized as rightful and legitimate, both
at common law and by the general laws of the
State. No regulations being prescribed iu ref
erence to its prosecution under the license, there
coula be little, if any, occasion for the exercise
of any police authority :n supervising the Lusi
ness or enforcing the ordinance, and no cause
for any considerable expense on that account.
In view of these facts, it is quite obvious that
the amount of the license fte was fixed with
reference to revenue purposes which it was the
.main object of the ordinance to promote by
meanB of a tax imposed upon the particular
employment ^r pursuit through the exercise of
its power over the subject of granting licenses.
Mayo vs. Cinn., 1 O. S.. 268.
Such being the nature of the ordinance, and
the power asserted in its passage, the question
arises whether under the provisions of the char
ter of the city of St. Paul, in force at the time
of its passage, which provisions are found em
bodied in the consolidation act of 1874 (8p.
laws 1874, ch. 1), the common council possessed
the particular power which they have thus as
sumed to exercise.
Under the general rule of construction ap
plicable to municipal charters, 4he existence of
powers of a legislative character must be shown
by an express giant, or as incidental and neces
sary to the proper enjoymeut and exercise of
such as are expressly conferred. Nothing out
side or beyond this can be taken by intend
ment or implication. St. Paul vs. Laidler, 2
Minn. 190, Dunham et al. vs. Trustees of
Rochester, 5 Cow., 462.
And when, as in this, case, the ordinance
which is sought to be sustained operates in re
straint of an occupation or pursnit useful in
its character, and which is so recognized at
common law and under the laws of he State,
it is especially necessary to show that the au
thority for its passage has been expressly or
otherwise unequivocally conferred. Dill. Minn.
Cor. Ees. 291 and note.
Furthermore, if, as in this case, the charter
confers in generrl terms upon the common
council authority to pass ordinances for certain
designated general purposes connected with the
eood order and government of the municipality,
which is followed by a provision in the same
section containing the grant, declaring in terms
that such ordinances &c, "shall have the force
of law provided they be not repugnant to the
constitution and lawB of the United States or
of this Btate, and that for such purposes said
council shall have authority by ordinance, reso
lution or by-laws," to do, ordain and enact
various enumerated things in the way of mu
nicipal control, regulation, restraint,
prevention, granting licenses, &c, em
bracing as in this instance forty-one distinct
specifications, thereby showing lhat the legis
lative mind was fully directed to the different
matters concerning which municipal author
ity was intended to be given, it is but reason
able to conclude that the exact scope and ex
tent of municipal power and authority con
ferred must be found in these specific enum
erations rather than the general grant itself
that the latter restricted and limited by the
Following these general canons of interpreta
tion there can be but little difficulty in de
termining the question as to the validity of
the ordinance under consideration.
Subdivision eighteen, section three of
chapter four of the charter (special
laws of 1874, chapter 1) under which
in particular the power claimed by respondent
is asserted, confers authority in terms "to es
tablish public markets and other public build
ings, and make rules and regulations for the
government of the same, to appoint suitable
officers for overseeing and regulating such
markets, and to restrain all persons from inter
rupting or interfering with the due observance
of such rules and regulations."
This phraseology is so precise and specific as
to leave little if any room for construction to
arrive at the meaning and intention of the
legislature in making the grant. The statute
is its own best expositor. The power ''to es
tablish and make rules, etc.," here given ap
plies both to "public markets" and to
"other public buildings." It is
the same in each. The use of the word other
8 hows that markets was used in a restricted
sense to designate public buildings erected and
devoted to the use of receiving for sale and
purchase such marketable articles for daily use
and consumption as mipht be wanted to sup
ply the inhabitants of the city. This of course
would include the sites for the buildings and
grounds adjacent used for market purposes.
To establish a public market in this Rense is
to designate and provide by purchase or other
wise, a site and place for the purchase and sale
of provisions and articles of daily consump
tion by all who may desire to repair thither for
that purpose, to erect thereon a suitable build
ing adapted to the purpose, and to dedicate the
same to such use for the benefit of the pub
lic or the inhabitants of tbe
municipality wherein it is loca' ed, "to make
rules and regulations for such markets or
other buildings" is not a general and unre
stricted one in relation thereto but it is lim
ited and confined to such as pertain solely to
their government, to which end overseers "may
be appointed for their enforcement and "to re
strain all persons from interrupting or inter
fering with the due observance of such rules
and regulations." Under such authority any
reasonable system of police regulations may be
adopted providing for the safety and preserva
tion of the proDerty itself, its convenient use
and beneficial enjoyment for the purposes for
which it is intended, for the maintenance of
good order, and in case the building
is a market such further rules as may tend
to insure honest dealings between buyer and
seller and guard against fraud and imposition
by the use of false weights, the sale of un
wholesome food and such like evil practices.
But it would not be allowable under the color
of such a limited authority for the council to
prescribe regulations in respect either to the
use of the streets of the city or the dealings or
transactions of any of -ta citizens or other
persons outside and beyond the established lo
cal limits of any of its public markets or oth
ei public buildings. A license or permission
given to a farmer upon payment of twenty-five
dollars into the city treasury to sell and deliver
his vegetable products for a year to a customer
living on a street at a distance away from the
established public market, cannot in any
just sense be regarded as a regulation,
pertaining to the government of snch market.
That the power to license, regulate or re
strain the particular business aimed at by the
ordinance in question, is not covered by this
subdivision of section three, is made further
apparent by reference to the otter specifically
enumerated powers thererein contained. We
find there given express authority to license
and regulate various kinds of business and em
ployments, including "butchers' shops and
butchers' stalls, venders of butchers' meat
also power at any time "to revoke any license
granted for malconduct in the course of trade,
and to regulate and restrain the sale of fresh
or butcher's meat, within the corporate limits
of the city," and, "to punish or restrain the
farestalling of poukry, game, eggs or
fruit, within said city." If the
power "to establish public markets" included
an authority to license, regulate or prohibit any
kind of business away from the locality of the
market, it certainly covered that of vending
fresh meats, and yet it was deemed necessary
to confer it in express terms in that matter,
thereby excluding the infer* nee that any such
authority could be exercised under the pro
vision in relation to markets. It also appears
that although the council is expressly author
ized to license and regulate various trades and
callings, and to restrain them if not licensed,
there is no provision whatever for licensing
hucksters, or the producers or venders of vege
tables, or for preventing the sale and delivery of
such products without a license elsewhere than
at the public market. This is a significant fact
indicating a legislative intent to withhold all
such power. The ordinance cannot, in our
judgment, be sustained under the clause re
lating to the establishment of markets or any
of the provisions of section 3, eh. 4, of the
charter. Dunham vs. Daniels, 5 Cow. -lb'-
Bath vs. Hughs, 28 Geo. 560 Caldwell vs.
Alton, 33 111. 416 Bloomington vs. Wadel, 40
111. 489 Darling vs. West, 29 Wis. 307. Tht
question whether and how far, under the char
ier, the use of the streets of the city may be
prohibited to huxaters and others for the pur
poses of traffic, need not be considered, for
the ordinance is not one of that character.
Judgment reversed. COBNELL, J.
The Trial of Bev. II. II. Hay den for tliv
Murder of Mary Stannard.
(New Haven Special (Sept, 15) to Chicago
Something has been said in tho trial of
Rev. H. H. Hayden for the murder of Mary
E. Stannard, in Madison, of a letter she sent
to her sister. This letter shares tho fate of
all other evidence tending to show that Hay
den was criminally intimate with the unfor
tunate girl, in being ruled out by the justice.
The facts about it are as follows: Tho lat
ter part of the week before her murder,
while working at Mrs. Studley's, in Guilford,
Mary became convinced that she was preg
nant. She told Mrs. Studley, who, upon ex
amination agreed with her. She then told
her that Hayden was the man and that her
intercourse with him began one even
ing when she was working at his
house, and his wife was absent at
an oyster supper. She at first pro
posed to Mrs. Studley to send for Hayden,
who she thought would come down to Guil
ford and bring her to this city to have an
operation for abortion performed. Mrs.
Studley did not want her house connected
with such proceedings, and to'd her she had
better go home, where Hayden was. Before
going she wrote a letter to her sister, which
was postmarked the Saturday before the
murder. In it she told her sister that she
was not well, and asked her to give another
inclosed lelter to Hayden as soon a3 she
could without letting her father know any
thing about it. On the Sunday she went
home from Guilford. Soon after getting
there the letter came, and when her sister
opened it Mary took tho letter
intended for Hayden and burued
it, saying she could now take care of that
matter. The letter to her sister still exists.
Then, in answer to her sister's questions,
she told the history of her relations with
Hayden and the cause of her anxiety. On
Monday she visited Hayden's house twice,
and told her sister she could not find Hay
den either time, as he had not got back from
where he had preached Sunday. She went
again and saw him, as Hayden admitted to
the coroner's jury. Tuesday morning he
went to Middlitown, and on his way back
saw her at the spring. She told
her sister that he saw her there and
asked her to meet him in the
woods, Vhere be would do something for her.
She then went into the woods to the spot
where the body was found. This is a brief
sketch of the evidence which Justice Wilcox
has ruled out and without which it is hard to
give Hayden a motive or connect him with
the crime. It is not likely that the stomach
will be analyzed for the poison at present.
Next Wedneseay Prof. White will probably
close the State's important evidence by
showing that he finds more blood on Hay
Hoto Fortunes are. Made fJuicTc.
[Virginia City (Nev.) Chronicle.]
The growlers assert that the recent rise in
silver stocks does not make the times any
better. As fast as lucky operators clean up
they rush off to San Francisco or the lakes
to spend their money, and Borne are in such
a hurry that they do not even settle their
small bills. A good many Comstockers who
asserted that Sierra Nevada was going to
$200 a share could not resist the temptation
to realize at 35 and $40, and got out with
a handsome profit.
A couple of Italian vegetable dealers on
street realized $11,000 on a lot of this
stock, which they had bought at $4.75 a
share. They gave their store away to a
friend, and will start for sunny Italy next
A mar. who was dealing faro over the El
Dorado saloon bought some of the stock at
$5, and induced everybody around the game
to go in, except one man, who said that faro
was good enough for him. All had sold out
last Saturday at f37 and are going off to
have a good time. The man who didn't buy
was a case-keeper, who says that he hasn't
called the turn right in five yearB.
Numbers of people who passed for poor
folks, and were always ranked as such, are
now coming to the front and pulling money
out of old stockings to invest. Capital is
coming out of its hole with a vengeance, and
$20 pieces are swarming like flies who rush
to flit joyously in the warm sunshine, or
stick in the seductive molasses jug, maybe.
How Harmony Was Bestored in a Much
Some weeks ago Andrew Johnson, of
Brooklyn, complained to the police of that
city that his wife Catherine had left his bed
and board with, as he supposed, a man
named Sill, who had been a boarder in the
Johnson family. That Andrew was mis
taken in the latter supposition is evident
from the following card published by him
SEPTEMBEB, Wensyday 4, 1878.I mean to
inform the public that I have fond my wife
and three children by themselves in bisnes in
Williamsburgh I hab rong her she never went
with no blacksmith nor with no painter named
Sill I hope to be excused for the wrong I have
don I hope the public will excuse me for the
wrong I have don to my wife and family.
Catharine Johnson's husband,
Sauk Rapids (Benton county) Press: Mr.
E. Cross is having a sugar mill made for
manufacturing sugar and syrup out of the
sugar amber cane, which has been quite ex
tensively raised by a number of our farmers
this year. It is a splendid crop, and many
of our rural friends, as also several of our
own -townsmen, expect to make enough
sugar and syrup this fall for their home con
sumption this winter.
Cremation has been made optional by law in
Baltimore boasts of the wickedest boys in
San Francisco dreads leprosy more than yel
Mosby goes to Hong Kong at a salary of
e^.OOO a year.
Mrs. Van Cott was converted on a Faltoa
ferry boat, and weighs 225 pounds.
Mr. Clegg, of New Albany, bas lived on a
pint of corn meal a day for five months.
The oldest man in the worm has just .lied at
Lima, U. We have no oldest man now.
Boston J'osi: Soiiurz may not be much of a
machine politician, but he is pretty cranky.
Orville Grant's physicians pronounce him
much better, and expect to complete a cure.
Alexander H. Stephens over-exerted himself
in his renominatioa campaign, and is sick-a-bed
Large numbers of hogs, afflicted witk tho
hog cholera, are arriving at the Chicago stock
When a woman sees a flock of birds she cries,
"How beautiful!" A man say-3, "What a
It is reported in London that Lord Cairns,
lord high chancellor, is about to be created Earl
Gideon S. Moody has been appointed associ
ate justice of the supreme court of Dakota
The English court has gone into mourning
for three weeks for the death of Queen Chris
tina of Spain.
Nashville thinks her exemption from yellow
fever is due to the fact of her situation on a
It is proposed that the tramps holdanational
convention, in order to pass a vote of thanks to
Kearney aud Butler.
New Haven Register: The portrait of Ada
Cavendish now adorns New York show wiudows.
it is said to be a fine cut.
Abdul Aziz, Sultan of Tukoy. in his dread
of lire, used to read by the light of a candle
floating in a basin of water.
Ex-Gov. Dennison, of Ohio, will reside in
that State permanently hereafter. lie has se
eded Columbus as his home.
John G. Whittier says that Kalph Waldo
Emerson is the one American who is sure of be
ing remembered a thousand yiars.
Miss llosanna Uana, a daughter of Richard
H. Dana, Jr., was recently married in Boston
to Mr. Henry Wild, of Nev? York.
A Newburyport lady was thrown down by a
big dog and broke her nose the other day. And
yet they say clogs should not he muzzled.
There is insanity in Victor Hugo's family.
One of his daughters died insane, and one of
the poet's daughters is a hopeless maniac.
Palestine. Texas, has just laid the corner
stone of what will be the finest Masonic temple
in the South. A good place for such an edifice.
Two Caiifornians have made plays out of
Bret Harte's "M'liss," and each is suing the
other for exclusive right to tbe borrowed ma
M. Jacotin, the French Senator and Judge,
caught cheaUug at cards, has resigned l-.oth of
his dignities and will be expelled from the
Legion of Honor.
The oldest living horse thief in the world
is Michael Eugene Chcvrcol, who was born
August 31, 17.*5G, and has just entered upon his
They got up a bull fi^ht at Momcgur, France,
recently. It was a great success. One matador
had his ribs broken, another was trampled on
and a third was bruised.
Prince Arthur will, after his marriage with
the German princess, Fettlo in Ireland, and
either purchase or build a residence in tho
neighborhood of the Hill of Tara.
The robins are donniug their overcoats, bon
nets, and shawls preparatory to bidding us a
pleasant guod morning. They purpose accom
panying the polar wave down South.
A drunken man in New York, when he camo
to his senses the other night, found that somo
woman had bequeathed him a baby to tako caro
of. He'll never get drunk any more.
A girl at Applegate, Oregon, accuses tho
teacher of keeping her in after school is dis
missed and trying to kiss her. The teacher
emphatically and vehemently denies the charge.
Catlin, once a paragrapher on the New York
Commercial Advertiser, but now fallen to a
consulship at La llocbellc, France, is writing a
society novel, which is to be issued in time for
Mad. Wells bases a belief in his own nomi
nation and election to Congress from Louisiana
on the fact that 10,000 white Democrats have
fled the scourge, leaving the indigent black
Marshal McMahon, it was reported, refused
to attend the Notre Dame Cathedral on the an
niversary of the death of Thiers. It turns out,
however, that there was Notre Dame word of
truth in the report.
George French, a half crazy inmate of the
Newton (Mass.) poorhouse, tried to poison his
companions by putting about a nound of
Paris green in a pan of milk, because he was
jealous of another inmate.
They had a railroad accident in England re
cently, and the JJuily jVcirs says that "the pa
tience of the servants of the company was sore
ly tried" by the relatives of passengers ia tho
wrecked train coming to make enquiries.
Mr. J. Hale Bypher, of Louisiana, who is
now in Washington on business, says he is not,
and never has been counsel for Anderson, the
Potter committee witness, as published, nor
had any conversation or consultation with
The Swiss matchmakers have held a meeting
at Geneva to devise means for the refutation
of certain injurious statements concerning
the Swiss watch trade said to have been pub
lished in circulars by the American exhibitors
Mme. Binehart, a lion tamer, came near be
ing killed while she was performing in a cage
of wild animals at Marlboro, Mass., an infuria
ted panther biting her on the arm and bip. Her
coolness saved her, and she cowed the beast
with a whip.
A large snake was found coiled on the read
ing desk in a church in Borth, Wales, but it
ran into a hole on being disturbed. A tune on
the organ, drew him out however, and he was
caught. The villagers regarded the reptile
G. Washington Childs prints with evident
pleasure the news that Grant, when in Moscow,
attended a dinner given by Prince DolgOIQUkV,
and tasted the famous sterlet Of liuSSia. It "is
a rather expensive fish, one large enough for
ten persons costing 18.
A Chinaman found a nugget of gold in the
Dunolly district of Australia weighing over
twenty-two pounds. A rush of miners to the
place was the result, but thns far none of them
have been lucky. Australia's yield of gold has
been steadily declining for years.
Edward King, Writing from Geneva, says:
"Calvin would not have his grave marked, and
thus unconsciously made the fact that he is
buried at Geneva more conspicuous than it
would otherwise have been. The old church of
St. Pierre may really be called his monument."
Beecher usually has hay fever in the au
tumn, so that he cannot return to his congre
gation until October, being compelled to re
main in White Mountain air. This fall he is
lecturing for 19,000 in California, and his
Christian Union says he is not suffering from
hay fever, California has a remarkable cli?