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'll"*"' 1' i 1HT Mil i fP^atsaEB^neB
NO. 17 WABASHAW 8TKEET, ST. PAUL.
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ST. PAUL, THURSDAY, OCT. 3, 1878.
HON. IGNATIUS DONNELLY
will address his fellow citizens as follows:
Gottage Grove. Thursday, Oct. 3.
Long Lake, Friday, Oct. 4.
Way .data, Saturday, Oct. 5.
Delano, Monday, Oct. 7th.
Howard Lake, Tuesday, Oct. 8.
DasRel, Wednesday, Oct. 9th.
Morris, Thursday, Oct. 10th
Lac qui Parle, Friday, Oct. 11th.
Hancock, Saturday, Oct. 12th.
Donnelly, Monday, Oct. 14th, at 1 P. M.
Herman, Monday, Oct. 14th, at 7:30 P. M.
Glenwood, Tuesday, Oct. 15.
These meetings will be held in the evening
Bpeaking to commence about 7:30 o'clock.
Friends of the cause are requested to give the
necessary notice a rearrange as to halls.
THE Young Men's Donnelly club will
meet at the campaign headquarters in Opera
House block this evening. This will be the
first of a series of club meetings to be held
during the campaign. The object of the
club is to perfect an organization to be effect
ive at the polls. It is a movement which
should spread throughout the district. The
young men can very readily determine who
shall be the next Congressman.
THERE is some talk in the Thirty-eighth
district relative to sending Geo. C. Chamber
lain, editor of the Jackson Republic, to the
Senate. That is an incorrigible Itepublican
district, and George is rock-rooted in politi
cal blindness, but the Republicans cannot
find a better man in that district. He is a
man who will be able to do his constituents
some service and reflect credit upon the
State. With Macdonald of the St. Cloud
Times to maintain the political equilibrium
of the Senate, the public interests will be
well served by the presence of these editors
in the Legislature.
THE Republican papers in their anxiety to
screen Washburn will very soon be denying
that the Washburn mills exist at Minneapo
lis. They are shouting the chorus, Wash
burn is not a member of the Millers' Asso
ciation, ignoring the fact that he is part
owner of the largest flouring mills in Min
neapolis, and, simply as a matter of conveni
ence, is represented on the books of the ring
by his partners. One of his enthusiastic
advocates assures us that Washburn's forte
is stealing pine instead of cheating the
farmers, and argues that his success in the
former line proves his innocence in the
latter. AN ANSWER WHICH CAN RE UNDER
Bill King, a man whom the proprietors of
the Pioneer Press, with a most outrageous
and shameful disregard of the feelings of
their readers, have foisted upon them and
compelled them to take every morning the
slush that they dare not refuse to print and
endorse, any more than they dare combat its
venom or assert a word for the city that has
fed and clothed them from poverty to inde
pendencethis man lectures the people of
this city and its chamber of commerce daily
through the editorial columns of a paper
printed in our own city.
And why? Simply because the cham
ber of commerce of St. Paul
proposes to inquire into the reasons which
are operating upon the Northern Pacific
Railroad Company to induce it to construct
a short line of railroad that there is reason
to believe is or w'U be hostile to the interests
of this city.
It is Btrange, passing strange, that when
the interests of a people aro menaced the
Republican journals are, silent, and the hope
of the people rests upon a Democratic paper
like the GLOBE. For we propose to give a
few serious words to this matter now, and
all the bellowing of Bill King will not divert
us nor our readers from the point.
The Northern Pacific Railroad is a rfatiohal
institution. The nation has bled and nearly
died in supporting it, for the money that
Jay Cooke beguiled from the widows, or
phans, clergymen, and village and rural cap
italists, and squandered with reckless prodi
gality on this road, and his visionary schemes
precipitated upon this nation the awful dis
tress which has afflicted it since the day he
failed to kite and keep afloat the bonds of
this company, of which the people were
everywhere becoming distrustful.
St. Paul held her peace and allowed the
improvement of the water power at St. An
thony Falls to become a national matter a
shameful and humiliating silent partnership
that the GLOBE would never have counte
nanced, and will never allow to be repeated
The Northern Pacific Railroad is already
loaded down with one lease that enriches
one or more of its managers at the expense
of its stockholders and the nation. It now
proposes another one. Corruption grows by
what it feeds upon.
And now if the schemes of private ag
grandizement are likely to be inimical
to the interests of St. Paul, we propose
to fight them to the bitter end, both here and
in Washington. For be it remembered that
this great national horse leech is a suppli-
cant before Congress for its life that it has
forfeited by reckless mismanagement.
And we are glad that the resolution of in
quiry adopted by the chamber, was offered
by a well known friend of Mr. Washburn
for the insane idiots, little and big, all over
the country, cannot charge upon us that this
is a political movement to endanger his
Our people, of course, will weigh their in
terests against his ambition, and decide for
themselves which of the two can
didates St. Paul could best rely upon
to make the Northern Pacific railroad attend
strictly to its legitimate business
of devoting all of its money, all of its energy,
all of its influence to the pushing westward
to the Pacific of ita line of road, instead of
entering upon little side private speculations
like the one referred to, and others.
Space will not permit us this morning to
throw some side lightB on this scheme,
which would open the eyes of our Minneap
olis friends very wide, and set Bill King on
his haunches. We shall allude to the matter
again, and very exhaustively, if necessary.
STRAIT A CIPHER.
Search the records of the Congressional
Record for the past four years and you will
fail to find any record of Horace B. Strait's
presence in Congress, save an occasional
motion to adjourn. Even that motion he
makes by direction of some intelligent mem
ber, as he has no idea when even such a
motion is appropriate. He is an absolute
nonenity, and his alphabetical location on
the roll is all that enables him to know how
to vote. By the time his name is reached
he obtains the party cue and votes
accordingly. Even this stupidity
might be endurable if it was serviceable,
but since the Republicans have lost control
of the House he is the veriest cipher in ex
istence. It takes a man of brains to secure
favors from a hostile political majority. It
is sufficiently difficult to obtain them when
the applicant is in accord with the dominant
political party, but the idea of a man of
Strait's calibre securing anything from" a
Democratic House is preposterous.
The next House is certain to be Demo
cratic. There is not a shadow of doubt
upon that point. The Senate is already
lost to the Republicans. It is two years be
fore Minnesota can change her Senatorial
representation and secure a Senator in ac
cord with the majority. It is highly import
ant therefore that a Demociat should be
sent to the House without delay in order to
save Minnesota from being wholly unable to
provide for herself. Mr. Poehler will be
heard and respected on the floor of Congress
and will be able to labor effectually for his
constituency. In a young and but partially
developed State like Minnesota, where so
much is needed, it is even more important
than in the older communities to be in
accord with the majority. If Minnesota ex
pects to secure any favors from the next
Congress she must not send a solid Repub
lican delegation. No Republican will occupy
a prominent place on committees, and,
in the committees, where all important
measures are crystallized, Minnesota will be
eclipsed unless she furnishes a Democratic
We desire to call publio attention to the
following article from the Fergus Falls Advo
cate, which was printed in that paper and
copied by the GLOBE previous to Mr. Hodge's
movement in the Chamber of Commerce:
We are daily hearing complaints of the un
fair way in which the wheat which is taken to
the St. Paul & Pacific railroad is being graded.
Wheat that without question is taken for No 1
at Pei ham and other points on the Northern
Pacific is graded No. 2 at Campbell and the
other stations on the St. Paul & Pacific. Then,
again, 16 cents more are paid per bushel on the
Northern Pacific than on the Main Line, which
would seem to be too great a difference. Now
the reason for this isFirst, the wheat market
on the St. Paul & Pacific is under the control
of the Minneapolis mill ring. They have the
only buyers at the stations on the upper end of
the road. They fix the price and the grade,
and having no competition they fix both the
price and the grade to their own advantage. On
the Northern Pacific the position is reversed.
There, there is competition, and if the mill
ring wants wheat they have to five as much as
it is worth according to the Duluth, Milwaukee
or New YorK markets. Under these circum
stances we would advise those of our farmers
who can do so, to take their wheat to the
N rther Pacific, and we shall keep our
'readers posted on the changes that may take
place in prices, etc. The building of the Min
nesota Northern will stop this extortion in two
ways: I will mak* -juipelHion, and wi'l cause
mills to be bmlfc at Fergus, which will also add
to the competition for wheat. But, unfortu
nately, the Minnesota Northern is not built this
year, and we have to dance to the tune that the
Minneapolis Mill Ring plays for us, with Bill
Washburn turning the crank with his 40-run
mill. Moral: Don 't vote for Washburn for
Here is a plain statement of facts which
have played no part in the controversy thus
far, but which prove conclusively the robbery
charged upon the Washburn wheat ring. It
answers at once the argument of the ring
that they take no advantage of the farmer,
and pay the value of wheat for shipment.
All of the investigation which can be made,
all the arguments and sophistry of the ring
and their defenders cai?not satisfactorily
show why the gt-adeof wheat should so wide
ly differ between stations on the Northern
Pacific and on the St. Paul & Pacific. The
difference in price between the same goods
at the points named, is another conclusive
point. It demonstrates the importance of
the agitation now in progress, and fixes the
responsibility where it belongsupon the
Washburn wheat ring.
What the Ring is For.
The talk about "the wheat ring" isn't all
talk by a good deal. That the members of
the Millers' association are all honorable
men in the main few will question nor
should they question the fact that it is a
wheat ring formed to enable our millers to
buy the most wheat for the smallest amount
of money. As to the alleged swindling in
grades we know nothinginjustice may be
done on both, sidesbut we do know that
when the association offers to sell all its pur
chases at cost, it is mere buncombebeg
ging the question in a manner not calculated
to inspire confidence in its published state
Can't Convince Them.
[Benton County Press.]
W. D. Washburn, of Minneapolis, the
man who is running for Congress in this
district, and doomed to defeat, paid Sauk
Rapids a visit Friday. He came up here to
try to convince the people that he was not
connected with that gigantic wheat ring at
Minneapolis, but his pitiful protestations of
innocence in that were of no avail. He left
town looking more melancholy and down
cast than the last rose of summer.
You'll he More than Satisfied in November.
I Mankato Record.]
We have a great deal of curiosity to see
how the Democrats of St. Paul vote on the
Litchfield, Meeker county, pays the prin
cipal of its school $100 a month, and assist
The hog cholera prevails at Mankato, Blue
Earth county. One farmer lost nine by the
disease last week.
Four steamers and twenty-two barges are
now busily employed on the river improve
ments just below Wabashaw.
Litchfield Independent: The St. Paul
GLOBE says Litchfield is to have a $1,000
school house. Put on another cypher, if
N. G. Taylor, of Ellsworth, Meeker county,
had three stacks of wheat burned by prairie
fires. He estimates his loss at from 200 to
The apparatus and machines belonging to
Charles Foster, of Appleton, Swift county,
and used by him for making sorghum syrup,
has been totally destroyed by fire.
Superintendent Gordon, of Litchfield, says
that nearly every school district in Meeker
county will have a term of school this win
ter, and that the demand for male teachers
is very brisk.
On the premises of C. Hartung, near Eagle
Lake, Blue Earth county, some malicious
person placed iron bolts and spikes in
bundles of wheatt causing, as was designed,
serious damage to the threshing machine.
An idea may be formed of the brisk times
around Clontarf, Swift county, says the Ben
son Times, when it is known that there are
350 acres of backsetting to be done, at $1.50
per acre, and no one with leisure enough to
Lac qui Parle County Press: There are
twenty-one organized school districts in Lac
qui Parle county. Who will ay that the
cause of education is not progressing in this
porti on of what was once known as "the
howling wilderness without trees."
W DeGroot, of Mankato, was loading
some shells, when to fit a cap he rapped it
lightly with a mallet, causing it to explode,
scattering its contents in a fearful manner.
wonderfully escaped with only slight,
though somewhat painful, injuries.
S Peter Times: Peter Wigdall, of the
town of Traverse, in Nicollet county, came
to a horrible death a few days ago, whi le
leading a vicious bull to water. The animal
became unmanageable, and in his fury tore
the unfortunate man to pieces. When found
by his son, half an hour afterward, he was
Montevideo (Chippewa county) Valley
Ventilator: Litt le Georgie Severens was
accidentally run over last week by a wagon
loaded with wagon tongues, bolsters, etc.,
weighing several hundred pounds, a nd at
first supposed to be fatally injured. The
hurt, however, did not prove to be so serious
as it was feared, and the little fellow is abo ut
at play again.
Lake City (Wabashaw county) Sentinel,
Oct. 2: Last Sunday morning, Rev. Mr.
Raymond, of West Albany, had a valuable
team of horses killed duri ng the recent
thunder storm which prevailed in that vicin
ity on that day. had harnessed the team
preparatory to going to church, and while
putting the buggy in readiness a terrific
bolt struck the barn with the above result.
New Ulm Review The farmers all over
the State are making an emphatic protest
against the present grading of wheat estab
lished by the Milwaukee boaxd of trade a nd
the Minneapolis Millers' association. They
claim that it is not a just one for the grading
of the peculiar crop now being marketed,
and committees have been appoint ed at
Willmar, Owatonna a nd other places with a
view to bri ng about a less arbitrary grading.
The difference in prices between No. 2 and
N o. 3 is 15 cents, between No. 2 and rejected
3 5 cents. This difference causes much of
the dissatisfaction, as wheat falling half a
pound below required weight for No. 2 falte
15 cents in price.
New Ulm Review: Mr. Cletus Epple, ot
West Newton, Brown county, met with a se
rious accident last Sunday. It appears that
lie was engaged in hauling sugar cane to the
press, a nd on the way met a lot of swine at
the sig ht of which his horses became fright
ened. jumped from the wagon a nd ran
to the horses' heads in order to better control
them, but when the swine came nearer the
horses became unmanageable, threw him to
the ground and started on a run, the wagon
passing over and breaki ng his right leg.
The horses were finally captured, without
doing any further damage, by some Norwe
gian s, who conveyed Mr. Epple to a neig
boring house. Surgical aid was at once sum
moned from this city, and he is doing as
well as could be expect ed under the circum
The Wilkin county Gazette says: During
the late high wind some person set fire to
the prairie about two miles north of Wahpe
ton, which swept along between the Red and
Wild Rice rivers for forty miles, doing great
damage in its course to grain and hay stacks
and farming implements, and in one case
caused the loss of life. When the fire
reached the farm of James Hernnan, four
miles west of Fort Abercrombie, Mr. Hern
nan and a boy who was stopping with him
went out to stop the fire from getting into
his hay stacks and stables. After working a
short time Hernnan was seen by the boy to
drop down, and when he went up to him was
heard to say, "I am beat the last words he
ever spoke. The boy dragged him back sev
eral rods from the fire, when it swept over
him. The fire soon reached the stables and
burned them to the ground in a short time.
Help having arrived, they found the dy,
which was lying face downward. Mr. Hern
nan was a single man, about 55 years of age,
and leaves considerable property.
Mankoto Review: Messrs. Zimmerman &
Comptonare operating by steam at Eagle
Lake a large plantation mill, and on Friday
last they made 100 gallons of syrup of excel
lent quality. Nearly every farmer in Le
Ray, Lime and Mankato has his patch of
sorghum or amber cane, and the crop of
syrup will be large, for which there is a live
ly demand. Chicago firms buy it, and after
putting it through a refining process send it
back to us in the form of golden drips and
sugar. i. During the past week
there was a marked decrease in the number
of deaths reported from diphtheria. While
there were a number of new cases, we be
lieve they were generally slight, and the
worst less virulent than those previously oc
curring. The family of Mr. Fox,
living in Le Ray township, of this county, is
sadly afflicted with diphtheria, seven of his
children being taken down with the disease
about the same time. Two died in the early
part of the week, two more were buried on
Saturday, and another has since died. The
two remaining are recovering. The family
of Mr. Wersung, in the same vicinity, had
threo cases, two of which proved fatal.
An Ahovigln il Abolitionist on the Republi
[William Llyod Garrison's Letter to the Boston
So timid, inconsistent and devious has the
Republican party been in its action since
the inauguration of President Hayes, that I
hardly see any J.ope of its success even un
der more favorable circumstances than are
now apparant. But this may be safely pre
dicted, that no mere financial policy, how
ever subordinately important, can insure vic
tory for the party at the coming Presidential
election as against "a consolidated South,"
which admits of no division.
Republican Papers Which Think It Will Be
We'll bet an oyster supper with the Union,
that Washburn don't get 2,000 majority. The
winning party to visit the loser and partake.
Rush City Post.
All right, Robie. But we have got a good
many oyster bets already, however we will
consider your bet. You don't give hardly
ST. PAUL DAILY GLOBE, THURSDAY MORNING, OCTOBER 3, 1878.
The court met at 10 A. M. yeiterday, and the
calendars being present, proceeded with the
call of cases as follows:
1. Plaze Bass, appellant, vs. Oliver Anderson
and H. T. B. Bagge, respondent.
2. Information of A.E. Meigs, relator, vs.
Lafayette French, respondent the State of
Minnesota, ex rel.
3. Robert M. Addison, relator, vs. James W.
Williams and L. Webter, respondents.
4. Albert Armstrong, appellant, vs. the
board of county commissioners for Ramsey
5. Roger S. Munger and Rish A. Gray, re
spondents, vs. John D. Howard, appellant.
6. In the matter of the appeal of Elliot
Walker fand A. J. Walker, heirs of Versal J.
Walker, deceased, from the report of commis
sioners of probate court of Hennepin county,
allowing claim of Susan P. Walker, adminis
tratrix of the estate of V. J. Walker, deceased.
7. Angelique Mathew and Oliver Mathew,
her husband, respondents, vs. Michael Young,
Nicholas Young and Susannah Young, appel
8. In the matter of the information of An
drew Wilson, relator, vs. John W. Arctander,
9. I the matter of the information of A. F.
Nordm, relator, vs. John W. Arctander, re
10. I the matter of the information of
John A. J. Bornsta, relator, vs. John W. Arc
11. Adloph Graff miller, relator, vs. the City
of Northfield, respondent.
12. In the matter of the application to sus
pend C. N. Enos. an attorney of this caurt,
from practice, etc., by R. A. Murray, petitioner.
13. State of Minnesota on the relation of the
Minnesota Midland railway company, relator,
vs. the Town of Roscoe, respondent.
14. State of Minnesota on the relation of
the Minnesota Midland railway company, re
lator, vs. the To wn of Highland, respondent.
15. The State of Minnesota on the relation
of F. Morgan, relator, vs. George W. Hand,
as county auditor of Fillmore county, Minne
16. State of Minnesota on the relation of the
Minnesota Midland Railway company, relator,
vs. the town of West Albany, respondent.
17. The State of Minnesota, relator, vs. An
drew M. Weller, respondent.
18. The State of Minnesota, relator, vs.
Granville Sharpe, respondent.
19. Robert W. Cummings, respondent, vs.
Perry Long, appellant.
20. D. Eyre, J. Eyre andF. W. Oliver,'
copartners, as Eyre Bros. & Oliver, respondents,
vs. Ignatius Donnelly, appellant.
21. Lemuel D. Strong, appellant, vs. Thom-
W. Sprague, C. Baker, and Hiram Shippey,
22. D." B. Coleman, appellant, vs. B. A.
O'Neill and E. Pierce, respondents.
23. The city of Winona, respondent, vs. the
Minnesota Railway Construction company, ap
24. Nels T. Langmoe, respondent, vs. Ten
nis S. Slingerland, appellant.
25. Michael Lambert, respondent, vs. Ten
nis 8. Slingerland, appellant.
26. Edmund Rice, Horace Thompson, Sam
uel J. Tilden, trustees, respondents, vs. The St.
Paul & Pacific Railroad Co., the First Division
of the St. Paul & Pacific Railroad Co., Geo. L.
Becker, William G. Moorehead, and Geo. T. M.
Davis, trustees, Martin Farrant, Peter S. Le
Clair, John D. Gray, Augustus Moores, Ghas.
Haywood, James C. Cartledge, Frank
Honore, et al.
27. Horace Thompson and Samuel J. Tilden,
as trustees, respondents, vs. the First Division
of the St. Paul & Pacific Railroad Co., Geo. L.
Becker, William G. Moorehead, Henry Hale
and James E. South worth, as trustees, et
28. Horace Thompson and George T. M.
Davis, trustees, respondents, vs. the St. Paul
& Pacific Railroad Co.. the First Division of the
St. Paul & Pacific Railroad Co., Geo. L. Becker,
and William G. Moorehead, trustees, and
29. Edmund Rice, Horace Thompson, and
Samuel J. Tilden, trustees, respondents, vs. the
First Division of the St. Paul & Pacific Rail
road Co., Geo. Becker, William G. Moore
head, Henry Hale, and James E Southworth,
as trustees, et als., appellants.
30. Ole Simonson, respondent, vs. Horace
Thompson, Edmund Rice, and John S. Kenne
31. Mary L. Hall, executiix and John J.
Cole, executrix of John M. Hall deceased, ap
pellant", vs. J. Page Mumford, respondent.
32. Fanny S. Wilder and Amherst H. Wild
er, her husband, respondents, vs. Franklin
Cou. and William Corliss, and William C. Sar
33. Tarns Bixbp, respondent, vs. George
34. Anna R. Geer, respondent, vs. Sidney
H. Smith, sheriff of Wabasha county, Minn.,
and J. F. Rogers, deputy sheriff of said county
of Wabasha, John Dobner, Frank A. Burdett
and Charles Knapp, appellants.
35. A. Reed and Joseph Richardson, co
partners as A. H. Reed & Co., appellants, vs.
Mary E Pixley and Norman Pixley, respond
36. Levi Butler, Orlando C. Merriam, Jas.
S. Lane, and Leonidas Lane, partners, doing
business under the firm name as L. Butler &
Co., respondents, vs. Chas. White, sheriff of
Cottonwood county, appellant.
37. Alvina Semrou, respondent, vs. Julius
38. Cecillia A. Williams, George H. Wil
liams, respondents, vs. Gardner Stewart, Sarah
P. Stewart, David F. Rand and James McGee.
39. E. M. Titterud, respondent, vs. Charles
40. Eliza D. R. Brown, Emma A. Brown and
Maria R. Bushnell respondents, vs. Isaac At
41. William D. Richardson, respondent, vs.
Frank Reynolds, appellant.
42. Robert A. Hurst, assignee of bank
ruptcy of Chas. Hawes and Almon Stores,
partners, as Hawes & Stores, respondents, vs.
D. Marston and W. Marston, partners, as
Maiston & Co., appellants.
43. Russell Blakeley, respondent, vs. Wm.
G. Le Due and Franklin R. Smith, appellants.
44. The State of Wisconsin, respondent, vs.
Louis E. Torinus, J. Edwin Staples, William
A. Bronson and Martin Mower, appellants.
45. Byron Porter, respondent, vs. Loren
Fletcher and Chas. M. Loring. appellants.
46. The State of Minnesota, respondent, vs.
John Schmail, appellant.
47. The State of Minnesota, respondent, vs.
John Schmail, appellant.
48. Charles Germain, appellant, vs Timothy
J. Sheehan, respondent.
49. The St. Paul, Stillwater and Taylors
Falls Railroad company, appellant, vs. The
First Division of the St. Paul & Pacific Railroad
Co., John S. Kennedy, Horace Thompson and
Edmund Rice, mortgagees in possession, in
trust for the mortgage bondholders of the de
fendant, The First Div., of the St. Paul & Pa
cific Railroad company, respondents.
50. I the matter of the appeal of Eliza A.
Dutcher from the judgment of the probate
court of Ramsey county, upon her accounting
as administratrix of the estate of Gilbert
51. The St. Paul. Stillwater and Taylors
Falls Railroad company, respondent, vs. Mary
52. Peter Yost, respondent, vs. The Board of
County Commissioners of the county of Scott,
53. The Red Wing Hotel company, respond
ent, vs. John Frederick and John Heck, appel
54. John Chadwick, appellant, vs. Wm.
Cornish, administrator of the estate of Mark
Hendricks, deceased, respondent.
55. Timothy Ryan, appellant, vs. N. F. H.
Krans, Rudolph Latto and Eugene Thein,
56. Rufus J. Baldwin and the State Na
tional Bank of Minneapolis, respondent, vs.
Thomas H. Canfield, appellant.
57. Rufus J. Baldwin and the State National
Bank of Minneapolis, respondent, vs. Thomas
H. Canfield, appellant.
58. Rufus J. Baldwin and the State National
Bank of Minneapolis, respondent, vs. Thomas
H. Canfield, appellant.
59. The Minneapolis Mill Company, re
spondent, vs. C. T. Hobart, B. P. Shuler and
J. W. Hobart, partners as Hobart, Schuler &
60. The Board of County Commissioners of
the County of Meeker, Minnesota, respondents,
vs. Chauncey Butler, E. A. Campbell, W. M.
Campbell, M. J. Flynn, Daniel Flynn, Jacob
Koerner, V. H. Harris, Milton Gerton, Per
Ekstrom, and others, appellants.
61. Henry Brown, respondent, vs. Min
neapolis Mill Company, appellant.
62. E. A. King, as administrator of the goods
and estate of Henry L. Emery, deceased, plain
tiff, appellant, vs. W. G. Delorie and Anthony
Kelly, defendants, respondents.
63. Mary Greve and Herman Greve, her
husband, appellants, vs. The First Division of
the St. Paul and Pacific Railroad Company,
64. The City of St. Paul, respondent, vs. 0
V. Smith, appellant.
65. James Braley, respondent, vs A. B
66. The State of Minnesota, respondent, vs.
Charles R. Mims, appellant.
67. The State of Minnesota, respondent, vs.
Martin Hanley, appellant.
68. The State of Minnesota, respondent, vs.
Charles R. Mims, appellant.
69. The State of Minnesota, respondent, vs.
Charles R. Mims, appellant.
70. Ashley C. Morrell, James A. Lovejoy,
Eunice E. Farnham and Hannah A. Lovejoy,
respondents, vs. The St. Anthony Falls Water
Power Company, appellants.
71. Hannibal H. Kimball, respondent, vs. R.
R. Bryant, appellant.
72. John W. McClung, respondent, VB. A. G.
Manson, A. M. Radcliffe and A. Condit, a p
73. Adele Guerin. widow of Vital Guerin,
appellant, vs. May Moore (formerly Goodhue)
and Chas. A. Moore, husband of said May
74. I the matter of the appeal in the estate
of Russell Post, deceased.
75. Eviline Goodwin, respondent, vs. Daniel
and Mary Jane Rice, appellants.
76. John Stromberg vs. C. E. Lindberg, ap
77. Priscilla McKeen, as guardian of Edwin
Deloy Jones and Agnes Ellen Jones, respond
ents, vs. Sylvester Waldron, H. Krnckeberg,
Alvira Bidwell, Rosie L. Humphrey, Sarah M.
Daygett, Carrie A. Fletcher, Emma V. Gifford
and Edwin Bidwell, appellants.
The cases are set as follows:
Oct. 3: 20,26,27,28, Oct. 31: 46,47,67.
23- Nov. 1: 12,30,42.
8: 11,19. C: 60,65,75.
"15: 2. "7: 45,52,73.
"16: 16,34. 8: 53,54.
"17: 55,72. 59,63.
"2 1: 4,37. 12: 56,57,58.
"22: 31,44. 13: 17, 18,40,61,62.
23: 49. 66,68,69.
"24: 33,43. 15: 71, 79.
"25: 8,9,10. is: 76.
"28: 32, 36. 19: 74, 75.
"29: 15,21,35. 20: 77, 80.
CASKS HEARD YESTERDAY.
Angelique Matuew and Oliver Mathew, re
spondents, vs. Michael Young, Nicholas Young
and Susannah Young, appellants. Motion ar
gued and order entered dismissing appeal.
In the matter of the application to suspend
C. N. Enos, an attorney of this court, from
practice, etc., by R. A. Murray, petitioner.
Order entered giving C. N. Enos till November
1st to file answer.
State of Minnesota on the relation of the
Minnesota Midland Railway company, relator,
vs. The Town of Roscoe. Motion to quash the
writ argned and submitted.
State of Minnesota on the relation of the
Minnesota Midland Railway company, relator,
vs. The To wn of Highland, respondent. Ar
gued and submitted.
The State of Minnesota on the relation of D.
F. Morgan, relator, vs. George W. Hand, as
county auditor of Fillmore county, respondent.
Order entered appointing N. P. Colburn, of
Preston, Fillmore county, sole referee to take
testimony and file the same October 29th.
The district court opened at 10 o'clock A. M.
yesterday, Judge H. R. Brill on the bench.
The court took up set case 49, entitled:
Joseph Gelind vs. The City of St. Paul.
Messrs. Clough and Bryant appeared for the
plaintiff. And the interest of the city was in
charge of City Attorney Murray. The case is
one brought for damages against the city, the
same having been caused by the negligence of
the city to put up safeguards on University
avenue during the progress of grading thereon.
Plaintiff fell into an excavation in the street at
night, receiving injuries therefrom for which
$1,000 damages are claimed.
Pending the trial, David B. Barrett, indicted
for robbery, came into court and by attorney
entered a demurrer to the indictment.
Charles Reid, indicted for obtaining money
under false pretenses, pleaded not guilty.
Thomas Gannon, charged with larceny, stated
he was unable to employ an attorney. Hon.
W. W. Erwm was assigned to the case. And
defendant waiving a reading of the indictment,
pleaded not guilty.
John Ostenberg, who, on a former day of this
term of the court, having pleaded guilty to an
indictment for larceny, was called up for sen
Thereupon the court sentenced him to be
confined in the county jail for the period of ten
The case on trial was resumed, and continued
until 12 o'clock M. when recess was taken.
The court resumedn businesjs at 2 o'cloco'clock.
case was give to the ur at 2:3 0
The jury was instructed to return a sealed
The case of Michael La Borge is identically
the same as the above, and a verdict in Gehnd's
case will be agreed upon for the other.
At 2:30 o'clock the court adjourned until to
day at 10 A. M.
Oct. 3d: 59.
J. Lange vs. L. Fabrinski.
order of the court yesterday, Charles F.
Mink was excused from further duty as a petit
The clerk was ordered, yesterday, to issue a
ventre facias for thirty-five petit jurors.
The criminal cases will be taken up by the
court next week.
I Before Judge Flint.
The City vs. Emanu el Harris disorderly.
Committed to jail for ninety days.
The City vs. Peter Harris assault and bat
tery. Fined $ 5 and costs. Paid.
The City vs. Joseph Murch assault. Charge
withdrawn and case dismissed on payment of
The State vs. John Lane incorrigibility.
Sent 0 the State Reform school.
John Jagger vs. John Aiton action for price
of brick furnished defendant, in which a prom
issory noto is interposed as a counter claim.
Tried and submitted. FIGURES WIM ME.
Especially if They are Manipulated by
[Washington Special to Cincinnati Enquirer.]
Secretary Sherman's "figgers," which
have recently been given ouj at the Treasury
in the shape of tables, having for an object
the making of political capital, are always
suspicious, and for the reason that they will
not bear either analysis or close scrutiny.
It will be remembered that Senator Thur
man, in his famous financial speech, quoted
from the finance reports of the Treasury
Deparment from 1854 to 1870 to illustrate
the economy of Democratic rule and be
sides the figures for that period he
quoted those for the years from 1869
to the year 1875 as an illustration of
the lavishness and extravagance of the Re
publican party. The senator, by deducting
from the total expenses of the government
during the Republican period the amounts
paid for pensions and for interest on the
public debtadmitting that these* were war
expenses, and not properly chargeable to the
Republican policyheld that the per capita
cost of the government under Democratic
rule was $1.94 per annum, while under
Republican administrations it had averaged
$3.45. Senator Thurman was correct
in bis conclusions, but to offset his state
ment Sherman had prepared a table covering
the period mentioned in the Senator's
speech, to show that the per capita expense
was only $2.70. The table is ingeniously
prepared to show that from 1869 *to 1876 the
war expenses of the government were more
than half of its entire expense. To make
these expenses swell up so as to distract at
tention from Republican profligacy, the sec
retary- in computing the war expense,
charged to it the cost of assessing and col
lecting the internal revenue, which had no
legitimate right to be thus charged up, and
which, if deducted, will make about the ex
pense which Sherman charges in his speech,
and which only by trickery can the govern
ment attempt to gainsay.
[Red Wing Argus.]
The promptness with which Hon. H. B.
Strait telegraphed to some of our citizens
that the President and party would stop at
Red Wing, fall arrangements therefor having
been previously made by other parties,) is
very creditable to his industry as a news
gatherer, although it does not add anything
to his reputation as an influential member of
FULZ TEXT OF DECISIONS FILED.
In the Matter of the State of Minnesota vs. Cer
tain Lands Situate the County of Aitkin,
Dorilus Morrison Petitioner.
Judgme nt was rendered in 1876 in the coun
ties of Crow Wing, Wadena, Cass, Itasca and
Aitkin for enforcement of the taxes against
certain lands for the year 1875, and the lands
were sold pursuant to the judgment.
Dorilus Morrison afterwards presented a pe
tition to the district court claiming an interest
in the lands, and claiming that by reason
of certain facts the petition stated
the lands were exempt from taxa
tion and asking that the sale
and judgment be set aside and he be allowed
to file an answer. No fact is stated aside from
his interest and the exemption as a reason for
granting the relief asked for on the hearing
the fqpts as stated in the petition were stipu
lated to be true.
The court denied the application and from
the order denying it this appeal is taken.
It is objected that an appeal will not lie
from such an order. We think, however, as
the application is one authorized by Rtatute
the order is within Sub. 6, Sec. 8, Chap. 86. Gen.
Stat., a final order affecting a substantial right
in a summary application} in an action after
judgment and is therefore appealable.
The act of March 1st, 1877, session laws,
chapter 79, under which the application was
made provides, (sec. 3): "If the court shall
find that the petitioner had an interest in said
land either as owner or by virtue of any lien
or incumbrance thereon, and is a minor, mar
ried woman or incompetent person, or that the
taxes on said land had been paid, or that the
lands were exempt from taxation, or that the
amount for which said lands were sold was
greatly less than the value of such lands, or
that the published notice of sale was not in
fact brought to the knowledge of such person,
or that for any other reason justice will be
promoted by the granting of such petition, the
court may in its discretion make an order set
tine aside said udgment and the proceedings
thereunder, and allowing an answer to be
section two the petition must ask that
the judgment be set aside and the applicant al
lowed to make an answer.
It is apparent that the establishment of the
facts specified in this section did not entitle
the appellant as a matter ot right to an order
setting aside the judgment and allowing an an
swer, for if such had been the intention the
granting or refusing the order would not have
been left to the discretion of the court, as it
expressly is, and where a statute specifies cer
tain facts and provides that upon these facts
the court may in its discretion giant certain re
lief, we cannot say that these facts and none
others appearing a refusal to grant the relief is
an absence of discretion, for that would in ef
fect make the statute impentive. No facts ap
pearing in this case o*her than tho-e upon
which the statute authorizes the eoart in its
discretion to grant or refuse an order setting
aside the judgment, the order must be af
firmed. GlLFILLAN, C. J.
Mortis Ilolbrook, respondent, vs. Josiah O.
This case was decided in the district court
upon the return of the justice of the peace
befoie whom it was originally tried to an a p
peal, taken from the judgment there rendered,
upon questions of law alone. The judgment
rendered by the justice in favor of the plaintiff
and against the defendent for $2.20 damages
and $60.71 costs was affirmed in the district
court, and from that judgment of affirmance
the defendant has brought an appeal to this
court. The complaint states six distinct causes
of action, the fifth and sixth of which are
as follows: "The complaint shows,
for a fifth cause of action, that
the plaintiff attended on the trial of a cause in
the probate court, in which the defendant
herein was plaintiff and the executor of the es
tate of Asa G. Suttig was defendant, one day
as a witness for the defendant herein, at his
request, and that he traveled twenty miles in
going and coming to court on said trial, and
that said services were worth the sum of two
and 20-100 dollars.
For a sixth cause of action the plain*iff al
leges that on the trial of the said cause in
probate court the defendant requested the
plaintiff to bring his team to Waseca and come
himself and his father to Waseca and that he
would pay therefor that the plaintiff did
bring his team to Waseca as aforesaid and that
the value of said team services for said day is
the sum of two dollars.
Besides a general denial, the answer set up a
former suit and judgment in bar in respect to
the matters contained in said fifth
and sixth counts or causes of action
stated in the complaint. The pro
ceedings which were had and the testimony
which was introduced on the part of the plain
tiff in respect to these two causes of action are
these stated in the return. The plaintiff him
self testified as follows: "He (defendant
wanted father and I should come outheie (Wa-
seca) to a suit he had with Suttig. He said if
we would take our team and come out he
would pay us for it. I attended the trial and
was sworn in probate court. I was one day in
attendance. The distance was ten miles each
way. I took my team and hitched on father's
buggy, and brought him and mysolf. He said
if we would not come he would get
ay subpoena. QuestionWhat was your
services and team worth? Objected to as
irrelevant and immaterial that the law fixes
witneps fees. Overruled. Defendant excepted.
AnbwerIt was worth $2.50. I paid my own
T. Holbrook, the father of the plaintiff,
testified in respect to the same matter as fol
lows: "Defendant came to my house plain
tiff was living with me he wanted we should
go to a law suit that he had no subprcna, but
he wanted we should go. and he would paj us
for it I have a load, and have to go around
the other way I want you to go with your own
team, and carry yourselves I will pay you for
it he told us when we must be there, plain
tiff took his own horses and my buggy and
QuestionWhat was the use of the team to
come to Waseca worth
Objected to as irrelevant and immaterial,
and also on the ground that the statute
has fixed the fees for attendance, and
mileage, which is the amount the plaintiff could
recover therefor, if any thing. Objection over
ruled. Defendant excepts to luling. It was
worth $2 for the use of the team. Defendant
objects to answer, recorded on same grounds as
above, with same ruling and exceptions.
Cross-examined: told us he wanted us to
go to Waseca he had no subpoena, but wanted
we should come and he would pay us for it.
He had a load, and had to go around the other
way, and could not carry us. You will have to
go with your own team, and I will pay for it.
We came to Waseca under that request as wit
The following comprises all the testimony
of these witnesses in regard to the matters
embraced in the fifth and sixth causes of ac
tions, all that was given in the case in support
thereof, so far as the return of the justice dis
The material and only reasonable inference or
conclusion to be drawn from this testimony so
far as it respects the plaintiff, is that the de
fendants promise related solely to plaintiff's
services as a witness in going to and attending
the trial. That was the subject of defendant's
request, the material thing which he wanted,
and constituted the sole consideration for his
promise. The use of the team or wagon was
not the subject of the contract, nor the thing
concerning which he was stipulating. Whether
the witness adopted one mode of conveyance or
another in reaching the trial or none at all, was
a matter of no moment or interest to him so
that their presence at the trial w&s secured.
That is what he wanted and what he agreed to
pay for whether they came in one way or
another. This being the contract between
the parties, and the only one found
in connection with this mat-.er, there
was but one cause of action
growing out of the transaction in favor of
plaintiff, in respect to which any evidence of
damages was admissible, and that was for the
recovery of such compensation for his services
as a witness as he was entitled to in the absence
of any special agreement fixing the amount.
The rule for ascertaing the measure of dama
ges or compensation in such a case is that pre
scribed by the statute which allows one dollar
for each day's attendance, and mileage at the
rate of six cents per mile each way from the
residence of the witness to the place of trial.
(Gen. Stat. 7,087.) No special agreement as to
the amou nt of compensation is alleged in the
complaint in this action. The allegations are
that plaintiff attended the trial as a witness for
defendant at bis request one day, and that he
traveled, &c., twenty miles in all, and
that said services were worth $2.20,
and the testimony does not show
any agreement to pay any specific sum nor to
pay any particular way. The rulings of the
court, therefore, in receiving the evidence which
was objected to upon the question of damages
were erronebus, and the judgment it rendered
must be set aside, unless it clearly and affirma
tively appears that no prejudice resultedas
the return does not purport to contain all the
evidence, it cannot be definitely ascertained
upon what ground the judgment was rendered
or upon which of the several causes of action
stated in the complaint. That the judgment
was not affected by the evidence which was re
ceived nitder the objections does not, therefore,
clearly appear and cannot be said that the del
fendant was not prejudiced by the erroneous
Judgme nt reversed.
Eleven horses, three mules and several
wagons belonging to Dan Rice, the show man,
are under attachment at Sadalia for a debt of
$750 contracted at Kansas City during the fair.
A Massachusetts paper notes as a singular
circumstance that the State has not elected a
graduate, of Harvard college governor for near
ly forty years. The last one was Edward
Revenue cutters are convenient for various
purposes besides conveying officers of the gov
ernment on mid-summer excuwions. Hayes
put one at the disposal of the committee ap
pointed to receive the released Fenians, Melody
A silver dollar in the pocket of ex-Policeman
Burns, of Baltimore stopped a bullet from the
pistol in the hands of Policeman Jameson
Yet the pewter ass continues to allude to it as
a "debased coin." It is needless to say that
the dollar was one of 412}^ grains.
In 1860, says the New York Indicator, the
United States took 227,000,000 yards of British
cotton goods. In 1877 we took only 61,000,000
yards. I 1860 Great Britain used half the
cotton crop of the world last year she used
only 3,017,000 bales, against 8.059,000 bales
used elsew here.
The Indiana Democrats should invite Blaine
and Hannibal Hamlin 10 speak against the
Democratic ticket in their State. If they suc
ceed as well as they did in Maine the Republi
cans will be tolerably well wiped out. The
venerable Hamlin slaughtered the most Repub
lican votes in his State, while Blaine killed off
many handsome Republican majorities.
Fit/hug h, of Texas, has written still another
letter. Notwithstanding the fatal results of
his previous epistokuy efforts, he cannot resign
the pen. This particular letter is devoted to a
fresh assault on his antagonist, Mr. Holman
but it concludes by the assurance to members
of the Fortj-fourth Congress that he has not
authorized the statement that he knows bome
thing bad about them.
It will be a cold winte r. says one man, be
cause the wild geese fly high. It will be a cold
winter, sa\s another, because it was a hot
summer. It will be a cold winter, says a Penn
sylvania journal, because beais and squirrels
are plentier than usual. That it will be a cold
winter because fools are abundant we have not
yet heard predietod, but if that is any sign we
think it high time lor things to begin to freeze
"Gem'len," said Brother Gardner, as re
ported by the Detroit Fm /Vss, "death mus'
come to all. We can't escape it. Some of us
will be hung, some diowned, some burned up
in barns, some git shot by de police, but it will
be death jus' de same. Let us hev our cabins
in order, an' let us be 'specting a visit from dat
white-faced angel who moves so softly dat men
hear not, an' who strikes so swiftly dat men
hev no escape."
William Henry Smith, of Chicago, is claimed
as the person who gave the information upon
which was ba^ed the recent publication that
Commissioner Le Due was to be removed, but
Smith's relations with the President are such as
to preclude the possibility that he didn't know
what he was talking about when he made the
assertion. Le Due is doubtless doomed, and
the American tea-crop will reeeive a blow fiom
which it will never recover.
A Chicago wholesale grocery house, which a
few years ago carried sixteen drummers at an
expense of 840,000 per ann um and did an al
most profitless business, has abandoned the
drummei sjste m, spends one-fourth their cost
annually 111 newspaper advertising, dividing
the balance among customers. As a natural
result, their trade hasincieased tenfold and the
net profits to the house in 1877 were $1.50,000.
This ear they will do still better.
A New York elergjman says he "doesn't
know himsflf He should get nominated and
run for a political office if he wants to be told
all about himself, and more too. The news
papers and speakers on the other side would
crowd more astonishing and awful things into
his pedigree than he ever dicamed of.
would be surprised to learn that he starved his
grandfather to de^th, and threw his grand
mother down an old well.
The Hon. J. H. Acklen, of Louisiana, is
again aceused of having been guilt} of a name
less outrage. The victim was a joung woman
on the Bayo-i Teche. Sue died a fewdivs a^o of
yellow fever, but shoitly previous to her death
made an affidavit that Ackleu had drugged her
with wine and accomplished her ruin. The
scandal creates quite a sensation in New Or
leans, and Acklen is yet to be heard from. If
he is not a guilty man, he is certainly a, very
Timothy Lynch said ten years ago that he
would kill his wife, and she was very much
frightened: but he did not then carry out his
thieat. They moved to San Francisco, and
there he declared his murderous intention so
often that Mrs. Lynch at length eame to pay
little attention to what he said on that subject.
A tew months ago, being 73 jears old, and pos
Bibly fearing that he would die without mak
ing his word good, he- took a knife and de
liberately killed the unoffending woman. is
trial is in progress.
The supreme court of Indiana holds that the
occasional drinking of a glass of ale, wine, or
whisky bv a man who is not in the habit of be
coming intoxicated, docs not constitute such
immorality or unfitness as would preclude an
applicant from obtaining a license to retail in
toxicating liquors. In support of this view,
the court quoted the Scriptural texts: The
Lord causeth to grow the wine that maketh
glad the heart of man" (104 Ps., 15th verse).
"Drink no longer water, but
a little wine
for thy stomach's sak and thine often
firmities" (1 Tim., 5th verse.)
Mr. J. Madison Wells, surveyor of the port of
New Orleans, is running for Congress in Louis
ianna, but no one in Washington thinks it
worth his while to send him a copy of execu
tive order :No. 1 to be laughed at. The return
ing board and its cieatures are well represented
in the nominations for Republican Congress
men in Louisiana. Besides Wells, there are
running Castellanos, who was counsel for the
board Collnm, who was also counsel Ludel
ing, who was a member of the supreme court
which sustained the board and Anderson, ho
was a memb er of the board, and is now in the
Postmaster Jones, of Crook City, in the
Black Hills, has fallen into disgrace. A local
newspaper tells the story: "The people of
Crook City believe he has gone for good, and
petitions are being circulated for the appoint
ment of a new postmaster. At the last game
of poker he played there he made a grab for
the pot. said to represent $125, and claimed it
as his money, accusing the other players of
cheating. He made good his grab by refusing
to give it up at the point of a revolver, daring
the holder of the weapon to shoot him. It was
a clear case of desperation, as hejhad invariably
lost, and probably this was hiB only chance to
secure sufficient money to leave the countrv