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BY H. P. HALL.
KO. 17 "WABASHAW STREET, ST. PAUL
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ST. PAUL. FRIDAY. OCT. 17, 1878.
State AuditorMahlon Black.
Clerk of the Supreme CourtDillon O'Brien.
First DistrictWm. Meighen.
Second DistrictHenry Poehler.
Third DistrictIgnatius Donnelly.
District JudgeWescott Wilkin.
AuditorS. Lee Davis.
Probate JudgeHenry O'Gorman.
County Commissioners (city)John Wagner.
J. F. Hoyt.
County Commissioner (country)Edward
Superintendent of SchoolsEugene Hen
Senator, 23d DistrictJ. H. Beaney.
Senator, 24th DistrictC. D. O'Brien.
Representative, 1st and 2d wardsJ.N.Rogers.
3d wardJacob Mainzer.
4th wardL. B. Hodges.
5th wardJames Smith, Jr.
HON. IGNATIUS DONNELLY
will addiess his fellow citizens as follows:
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.
Glenwcod, Tuesday, Oct. 15.
These meetings will be held in the evening
peaking to commence about 7:30 o'clock.
Friends of the cauBe are requested to give the
ncoossary notice and ariange as to halls.
"T HE Brat's Burial" is the way the Chi
cago Times heads the election returns.
Bather rough on the Kepnbliean party to be
called a brat by its chief admirer and most
BLAINE has declined to speak any more
during the present campaign, as his voice is
failing. Returns such as those of Tuesday
have a tendency to produce a certain huski
ness of articulation in Bepublican orators.
MAJOB MAGINNIS (of the Minnesota First)
has been unanimously renominated for
Montana's delegate to Congress and stands
a fair chance of being unanimously re-elect
ed. He has deserved it by his efficient ser
vice in Congress.
TTJBKEY. seems to be spoiling for a fight with
Austria. One would think she had had
enough of war, but her case may be but
another illustration of the truth of the old
axiom, "whom the gods seek to destroy they
first make mad."
OHIO is like a bottle of medicine. You have
got to shake it up pretty well to bring out its
full strength and virtueand when you do that
it's a sure cure for corns.Pioneer press.
Well, you have taken the dose. How do
your corns feel? You seem to limp consid
B. BANNING'S speech before the Young
Men's Donnelly club last night shows in de
tail Mr. Donnelly's friendship to the great
Northern Pacific enterprise. He was the
chief promoter of that great enterprise in
Oongrsss, for which he never received any
compensation other than the satisfaction of
doing his duty as a public servant. Some
of his chief traduoers at present are men
who stole fortunes from that work. These
men don't like Mr. Donnelly beoause he has
always stood in the way of rings and cor
O UB financial dispatch from New York
reports a considerable flurry in the price of
gold and railroad stocks, the fluctuations
having been greater than for months past.
It is very evident that this is brought about
by the near approach of resumption, and is
a natural result of the determination of the
secretary qf the treasury to force specie pay
ments before the country is ready for such a
contingency. Resumption is certain to create
a demand for gold, and consequently to in
crease the premium upon it, and the specu
lators know and will be sure to take advan
tage of the fact.
A TELEGRAM from Los Angelos, California,
states that the Southern Pacific railroad peo
ple are actively interested in the annexation
of northern Mexico, and attention is called
to Gov. Stanford's speech of two years since,
declaring the intention of his corporation to
extend their operations into Mexico. There
is a large amount of Eastern capital interest
ed in Sonora and Lower California. Eecent
arrivals from Tucson and the districts south
speak of great mining activity, and also bf
a growing belief that there must be a move
ment at an early day south to the line of
Mazatlan, east therefrom to Nuev Leon,
and thenoe south to Matamoraa. It has
been an open secret ever since the subject of
a Southern Pacifio railroad was bruited,
that one result of its completion would be
the annexation of the northern states of
Mexico, so rich in auriferous deposits. Such
an addition to our territory would be of
great value, and would render the Southern
Pacific railroad a paying enterprise from
the very day of its completion.
A STUNNING REPORT.
Does the Chamber of Commerce need any
more convincing report than that furnished
by the GLOBE this morning? Two instances
are given where farmers ground their wheat
and sold their flour. One sold thirty-six
bushels of wheat, ground yit flour, for
twenty dollars and fifty cents more than the
Washburn wheat ring would pay for the
wheat. This shows a profit of fifty-semen
cents per bushel on that wfceat.
Another realized on forty bushels twenty
one dollars more than was paid bythe millers'
ring. This was a profit of fifty cents per
bushel. That is the way the ring are taking
advantage of the farmers.
No wonder the organs shout that Wash
burn is not a member of the association. He
is part owner of the largest mills in Minne
apolis, and is represented in the ring by his
partners. He receives his share of every
dollar stolen of the farmers by the ring.
REPUBLICANS AT LIBERTY TO OP
There are certain rules of honor in con
nection with political parties, which are gen
erally recognized and often control men's
actions against their better judgment. One
of these rules is to support a man who fairly
and honorably receives the party nomina
tion. I this manner party discipline is
maintained, and an organization held to
gether in spite of diverse sentiments.
In the case of Mr. Washburn no such obli
gation rests upon the members of the Repub
lican party. In the Congressional canvass
of 1868 he bolted his party organization and
aided in securing the election of a Democrat
to Congress. In 1875 he bolted the caucus
nomination of Alex. Ramsey, and, with the
aid of the Hennepin delegation, which sup
ported him, defeated that gentleman's re
election to the Senate.
It has also grown into party usage, especi
ally among the Republicans in this State, to
give an official the endorsement of a second
term. Dr. Stewart was elected to Congress
two years ago. He served faithfully his
party expressing the utmost satisfaction
with his course, and by party custom he was
fairly entitled to the endorsement of a re
nomination. He would have been renomi
nated but for the corrupt practices of Wash
bur I. Mr. Washburn, in violation of
decency, party, honor, and personal
integrity, took his ill-gotten wealth,
the money which he had macle by his swind
ling settlement with his creditors, and
bought the nomination away from Dr. Stew
art. While it would have been indecent and
in violation of party custom to have defeated
Dr. Stewart in any way, it would have been
far less reprehensible if Mr. Washburn had
secured the nomination honorably on his
merits. But honor is a thing unknown in
the Washburn family. His nomination
was a direct purchase paid agents of
the Wheat Shylook, pine land grabber,
and champion failer were sent out to buy
He succeeded, but in so doing every Re
publican was released from all party obliga
tion to endorse him. Dr. Stewart's friends,
and all other Republicans, are fully absolved
from all obligation to sustain him, and the
example which he set in 1868 and 1875
should be followed without hesitation. If it
is not, if his parly sustains him, it will
be a public advertisement that the
Republicans of Minnesota sell themselves in
theshambles. Itwill be formal announcement
that any man with money (no matter if it is
obtained by defrauding creditors) can come
in and secure the Republican nomination
and call upon his party for support.
We greatly mistake the temper of Dr.
Stewart's friends if they sit down quietly
under the insult inflicted upon them. If
they are really loyal to their parly they will
manifest that loyalty by protecting its honor,
and placing the seal of condemnation upon
the purchasing of nominations as inaugu
rated by Washburn.
THE LESSON OF THE ELECTIONS.
Every Democrat feels proud of the gallant
fight made by their brethren in Ohio, In
diana, Iowa and West Virginia on Tuesday.
They have won victories which place beyond
all question the control of the next House of
Representatives, no matter what may be the
result in November. The Democrats are
certain to have a majority in both houses of
the next Congress, and if they gain from the
enemy in the same ratio in November as in
October, the Republicans will be able to
count on less than a hundred adherents in
the Forty-sixth House.
How have the results been accomplished,
and how can the Democrats elsewhere do as
much for the country? The answer is brief:
Work! From the opening to the close of
the campaign the Democrats of Ohio and
Indiana have been at work, early and late.
They saw and appreciated' the magnitude of
the task before them. They had to meet an
enemy thoroughly organized, fortified in the
possession of all the offices in the gift of the
general government, amply provided with
the sinews of war, confident of victory, de
termined to win, feeling that this was their
last resorttheir only hope of being able to
maintain their pre-eminence in the affairs of
the nation. The Democrats recognized the
necessity for work to overcome the foe.
They opened a vigorous campaign, attacked
the enemy at every salient point, accepted
every gauge of battle offered them. Twice
a day for a month Senators Yoorhees and
McDonald and Gov. Hendricks addressed
the people from the platform, and their
example was followed by Senators Thur
man and Pendleton in Ohio, and by
every man in the party in both States gifted
with the power of oratory. Every school
district was canvassed, and the issues at
stake were presented in a clear light to every
voter. The result has been a splendid vic
tory and the complete discomfiture of the
Republican party. In both States the Dem
ocrats have a majority of the Congressional
vote which insures the weight of their influ
ence in favor of the Democratic candidate
for the Presidency in 1880, in the event of
the decision being thrown into the House of
The lesson of Tuesday's battle ought to
be brought home to every Demoorat in
every State which is yet to hold an election
the necessity of unceasing, untiring work.
The odds are not so great in any Congres
sional distriot in the country but they can
be overcome by work. If the Democrats
but will it they can not only have a majority
but two-thirds of the next House, sufficient
to enable them to carry out the necessary re
forms of government despite the opposition
of the executive and his servants. They
should have the power to enforce a reduc
tion of the expenditures of the administra
tion. They can gain that power by hard,
persistent work for the next four weeks in
every Congressional distriot in the country.
They ought to have the power to check the
financial lunacy of the secretary of the treas
ury, and give to the currency issues
of the government, their full value in the
money marts of the nation. They cant have
thatrpower if they go to work at once and
keep at work until the polls close on the
evening of the 5th of November. They
ought to have the power to work a
thorough reform in the civil service, and to
regulate matters in the interests of the peo
ple in spite of the efforts of the corrupt gang
of office-holding sharks who now manage
our affairs. They can grasp that power only
by unceasing, whole-souled work. They
ought to bo able to place the stamp of disap
proval upon the consummated fraud by
which a man never elected has been placed
in the executive office, and punish the cor
rupt and venal tools who did the bidding of
the monstrous villains who ,directed them,
not forgetting to properly meet out retribu
tion to the principals in the transaction.
They can attain to this power by work, and
by work alone. They will have to meet a
well disciplined army, desperate in the con
sciousness of having reached the last ditch
where they must die. But they must re
member that it is a battle between honesty
and dishonesty, economy and corruption,
true democracy and despotism. They must
not relax their vigilance. They must organ
ize and work. Only by the most Herculean
labors can the Augean stables be thoroughly
cleansed. It is a task of the utmost import
ancea sacred duty from which none must
flinch. The results will be a full recompense
for the labor, and Democrats must neither
grow weary nor hesitate. Organize and
work! DONNELLY VINDICATED BY TttE
MOUTH OF HIS ENEMY.
Bill King has reached the Memphis &
El Paso roorback relative to Mr. Donnelly.
Bill is shocked at the idea of being a lobbyist,
and descants in bis paper upon the corrup
tions growing out of that business. People
would think that a great and holy man was
preaching to them, if they did not know
that it was Bill King, the king of the lobby.
Bill King claims that his paper exposed Mr.
Donnelly in 1875, but Bill forgets to say
that his paper at that time retracted the
charges, and when the whole subject was
fresh, it talked in this wise:
[St. Paul Preis, Tuesday, Feb. 16, 1875.1
"If Mr. Schmoele's story is true it relieves
the transaction of its worst feature, as implied
in the original statement of the case, to-wit:
The imputation that this stock and money
were paid or agreed to be paid to Donnelly as a
corrupt compensation for his legislative ser
vices. ^Vhile, of course, it is
possible that Mr. Schmoele would
feel under an obligation of honor
to defend his friend from any injurious infer
ences from the disclosures made of the trans
action, still, we are rather inclined, on the
whole, to accept his statement as the most
probable one, and afc any rate Donnelly is
fairly entitled by every principle of fairness,
to the full benefit of an explanation,
which relieves him from the charge of
accepting this stock and due bill as a bribe.
Mr. Donnelly i3 himself so rarely disposed to
place a charitable construction on transactions
which, by any sinster perversion of inference,
can be tortured to the disadvantaae of an ad
versary, that he is hardly entitled to the
charitablo consideration which he denies to
others, but at any rate we shall
not follow his bad example in this
respeot. And we, therefore, cheerfully admit
that as the case now stands the evidence affords
no sufficient grounds for the conclusion that
the stock or money agreed to be paid him weie
designed as a corrupt consideration for his
LATEB reports of the elections of last Tues
day are still more favorable to the Demo
crats than those of yesterday. There is no
longer any doubt of the election of Warner
over Van Voorhees in the Thirteenth district
of Ohio, while the election of Weaver in the
Sixth and Gillette in the Seventh Iowa dis
tricts is assured. Both of the latter are Na
tionals, but Mr. Gillette has heretofore affil
iated with the Democracy, and Democratic
votes elected him. In Indiana there has
been no change in the Congressional delega
tion from yesterday's reports, but corrected
and official returns from the legislature show a
Democratic majority o* eight on a joint ballot
over both the Republicans and Greenback
ers. This result gives positive assurance of
the re-election of Voorhees to the United
States Senate, and.the apportionment of the
State on an equitable basis. The days of
gerrymandering in the Hoosier State have
HAYES has visited the home and tomb of
Madison. What better is this than sacrilege
Madison was a patriot, who devoted his best
energies to framing the constitution under
whioh we live, and during a long career in
public life he labored to enforce its provis
ions and interpret them aright. Hayes has
done as much as any other man who ever
occupied the Presidential office to bring
the constitution into disrespect and to
heap contumely upon the laws. He is the
antipodes of Madisona man who owes his
office to the most flagrant violation of con
stitutional and legal right ever attempted.
It is a wonder Madison's bones did not arise
from their resting place and protest against
the unhallowed presence of a man who has
done so much to subvert the organio law of
the land and degrade thef highest office in
the gift of the people.
DUBTNG his incumbency of the office of
probate judge Henry O'Gorman has proved
himself a competent, painstaking official,
ever ready to guard the interests of widows
and orphans, and never refuting such legal
advice as might be needed by those in poor
circumstances to enable them to get the
benefit of bequests left them by departed
friends. His decisions on contested points
have been learned and impartial, and have
rarely been called in question. The Demo
cratic county convention did well to place
Judge O'Gorman before the people for re
election. Increased Their Wages for Political Effect.
To the Editor of the Globe.
Directly after his nomination Hon. W.
D. Washburn increased the wages of his
mill hands in Anoka from $ 1.25 to $ 1:50
per day for common hands. We know of
no change in the price of lumber that war
ranted an increase of wages. If his profits
are such that he can afford to pay $1.50 a
day since his nomination, should he not have
paid it the previous part of the season, and
has he not wronged his laborers by not do
ing it? Don't you think the increase of
wages was simply an indirect bribe for
FULL TEXT OF DECISION FILED.
Martin 8. James, respondent, vs. W. D. Cor
nish, administrator of the estate of John P.
Kilroy, deceased, A. R. Wilder and others,
appellants. wo^ r^ -H.
The plaintiff, alleging that he is the owner in
fee simple of a parcel of land of which he is in
posssessien, brings this" action to determine
adverse"claims made to the same by defend
ants. When the plaintiff had closed his case
the appealing defendants, Preston and Wilder
& Co., moved for a dismissal of the action for
misjoinder of a cause of action to determine
the adverse claim made by one, with a cause of
action to determine the adverse claim made
by the others. The objection (if it be one)
not having been taken by demurrer or answer
was, waived. Gen. Stat., chap. 66. 88, 74, 77,
The adverse claims set up by the appealing
defendants in this action were based upon
judgment liens against the parcel of land of
which the plaintiff alleges himself to be owner
and in possession. It appeared from the find
ings #f the referee who tried the case that the
judgment of Wilder & Co. was entered, and
docketed April 18, 1867, and that of Preston on
July 5, 1867. When the appeals taken by
Wilder & Co. and Preston came on to be heard
in this court at October term, 1877, the plain
tiff moved to dismiss the same upon the ground
that the judgment and liens had become ex
tinguished by the lapse of ten years from the
time of the entry and docketing of the judg
ment, no execution having been issued or
levied thereon so that the appellants ha'i ceas
ed to have any lien (if any they ever had) upon
the parcel of land in controversy. Whether the
position thus taken in support of the motion
to dismiss is sound or not we do not deem it
necessary to determine at this time and upon
a motion for a dismissal. The judgment,
among other thirgs, adjudges costs to the
plaintiff in the sum of $135.67. Even if the
defendants have lost their interest in the laud
in controversy in the manner mentioned, they
are still entitled to bave the judgment appealed
from examined for the purpose of having it de
termined whether the judgment upon the
merits was correct, so as to entitle the plaintiffs
to the costs awarded. The case does not stand
exactly as it would if the defendants had lost
their interest in the subject of litigation by a
voluntary settlement by the parties of the matter
In that case this court might refuse to pro
ceed with the hearing of the appeal, for the
reason that if, on settling the matter in litiga
tion, the parties have omitted to settle the
costs, it is their own fault.
But no such reason is applicable to this case.
The motion to dismiss is therefore denied.
It appears that by the judgment in this case,
defendants Wilder '& Co. and Preston were en
joined from issuing executions upon their
judgments. As to what effect the injunctions
have upon the liens of these judgments, or the
right to issue executions upon them, we are not
to be understood as making any settled decis
ion, though our opinion was intimated upon
We come now to the merits of the case.
So far as deemed material to the purposes of
this opinion the facts found by the referee are
as hereinafter stated. Sept. 1st, 1856, a judg
ment was entered and docketed in favor of the
board of commissioners of Ramsey county
against Wm. H. Bandall.
Feb. 19th, 1858, the premises in controversy
were sold upon execution issued upon said
judgment to Olivier.
Dec. 8th, 1871, a sheriff's deed upon such sale
was made to the heirs of Olivier, who con
veyed to the plaintiff.
On Sept. 17th, 1850, a judgment was entered
and docketed in favor of H. W. Hart against
W. H. Randall. Sept. 15th, 1860, the premises
in controversy were sold upon execution issued
upon Said judgment to Hart.
Nov. 15th, 1860, a judgment was entered and
docketed against Olivier in favor of the board
of county commissioners of Ramsey county.
January 25th, 1861, the premises in contro
versy were sold upon execution issued upon
said judgment to said board of commissioners.
Aug. 2lst, 1861, Hart, in consideration of the
payment to him by the county of Ramsey of
the sum for which the premises were struck off
to him with interest, executed a sealed instru
ment whereby he assumed to sell, transfer and
convey to said county all his right, title, inter
est and estate in and to the premises in contro
versy, and to assign and transfer to said coun
ty the sheriffs certificate of sale
issued to him upon the sale
to him as aforesaid and all the rights, benefits
and privileges derivable therefrom.
Dec. 14, 1861, the sheriff executed to Ramsey
county a deed under the seal to Hart.
Jan. 31, 1862, the sheriff executed to the
board of commissioners of Ramsey county a
deed under the sale made to said board on Jan.
Jan. 23, 1860, Olivier and his wife executed a
power of attorney to Giberton, authorizing him
to sell any real estate belonging to them in
this State and to give deeds therefor.
Sept. 6, 1861, Giberton assuming to act as at
torney under such power executed a quit
claim deed to Dousman of all the right, title or
interest of Olivier and his wife in or to the
premises in controversy, but there was no con
sideration for such deed.
July 22d, 1862, Dousman and wife executed
to Ramsey county their quit-claim deed of said
premises, purporting to convey to said county
all their right, title and interest in or to the
Nov. 11th, 1865, the board of commissioners
of Ramsey county executed a warranty deed of
the premises to Kilroy.
July 30th, 1870, Hart quit-claimed the prem
ises to Pritchard, and shortly after Pritchard
quit-claimed the same to Kilroy.
April 18th, 1867, defendants Wilder & Co. re
covered and docketed a judgment against
July 5th, 1867, a judgment owned by de
fendant Preston was recovered and docketed
June 14th, 1872, Kilroy conveyed the south
half of the premises in controversy to Lyon.
June 20th, 1873, Lyon and his wife conveyed
said south half to the plaintiff.
In Lash vs. Williams, 8 Minn., 496, it was
held that under the statute as it read prior to
1860, it was not competent for a county to pur
chase and hold real estate, except under the
statutory provision found in Pub. St., ch. 1,
sec. 251, authorizing a county "to purchase and
hold for the public use of the county lands ly
ing within its own limits and that any pur
chase except for such public use was invalid.
And in the same case "public use" was de
fined as "that actual use, occupation and
possession of real estate rendered neces
sary by the proper discharge of the
administration or other functions of the county
through its appropriate officers," as, for in
stance, the use of such real estate as sites for
county buildings. It was also further express
ly held that this disability of a county to pur
chase and hold real estate, extended in the case
of purchase at an execution sale upon a judg
ment obtained by the county against the treas
urer and his sureties upon his official bond,
since there was an absolute lack of power to
purchase and hold, except for the "publio use"
mentioned in the statute. This case was upon
the principle of stare decisis followed in Shelly
vs. Lash. 14 Minn., 498.
By section 2, ch. 15, laws 1860, the statute
was amended so as to authorize a county to
purchase and hold real estate for
the use of the county and
lands sold for taxes as provided by law.
The word "public" is here omitted. But we
do not think that the omission affects the
sense. A county cannot be said to have any
private use of real estate. It is a wholly pub
lic quasi corporation, and its uses of property
are wholly public. The counsel for one of the
apDellants contends that the expression, "for
the use of the county" is equivalent to "in
trust for the county." But we see no reason
why the words "for the use of the county"
should in this respect receive any different in
terpretation from that which has already been
put upon the words "for the public use of the
county," in Lash vs. Williams, whether if the
matter were res nova we should agree with the
decision in that case or not, we think it ought
not now to be overruled. The application of
these views to the case at bar is that the par
chase at execution sale by the
county board January 25th, 1861, the
sheriff!a deed under such purchase to said board
Jan. 31st, 1862, the instrument executed by
Hart Aug. 21st, 1861, whereby he assumed to
transfer his rights under his purchase at his
execution sale to Ramsey county the sheriff's
deed of Dec. 14th, 1861, to said county tender
the sale to Hart, and the deed made by Douse
man to Ramsey county July 22d, 1862, must all be
held to have been invalid and wholly ineffectual
to vest in thecounty any estate or interest in the
premises in controversy. In all these instances
of foreclosure, transfer and conveyance, there
is not only nothing to show that they were
made for the use of the county, in the said
hereinbefore attributed to the term "use?' but
t is quite manifest, as it was
vs. Williams, (see pp. 505-6 of opinion
of the court,) and upon similar
grounds that they were not so made. It fol
lows that the deed of Nov. 11, 1865, from the
county board to Kilroy, conveyed nothing.
This brings us to the. conveyance of July 30,
1870, from Hart to Pritchard. Under the de
cision of this court in Dickinson vs. Kinney, 5
Minn., 409, which, so far as we are aware, has
never been disturbed, Hart, by his purchase
at his execution sale, t-ok all the estate of
Randall (found by the referee to be the fee) in
the premises in controversy, subject only to
the right of redemptioners. This estate the
county did not acquire by the transaction be
tween it and Hart, for want of capacity. We
are unable to see how that trans
action could operate in any way
to protect the lien of the county's judgment or
toprevent Hart from asserting the estate which
he acquired by his purchase. If it could have
such operation at all it must be by an estoppel
in pais. There is no basis for such estoppel,
for both Hart and the county are to be taken
to have known exactly what"the legal effect of
the transaction waB. There could then be no
estoppel in pais within the doctrine of County
Commissioners of Hennepin County vs. Robin
son, 16 Minn., 381, or within the definition
given in Pence vs. Arbuckle, 22 Minn., 420,
where it is Bald that "an estopnel in pais arises
when one by his acts or representations, or by
his silence when he ought to speak out, inten
tionally or through culpable negligence
induces another to believe certain
facts to exist, and such other right
fully acts on the belief so induced in such
manner that if the former be permitted to de
ny the existence of such facts it will prejudice
See also Plummer vs. Mold, 22 Minn., 15
Shillock vs. Gilbert, 23 Minn., 386. &,
Notwithstanding then the transaction be
tween Hart and the county, the estate and title
which Hart acquired by his purchase remained
in him. By his conveyance of July 30, 1870,
Hart passed this estate and title to Pritchard,
who subsequently conveyed the same to Kilroy.
The'judgment against Kilroy owned by de
fendants, Wilder & Co. and Preston, accord
ingly became a hen npon Kilroy1
the premises unless Kilroy held the same as a
homestead, and therefore exempt from judg
The referee has found that from a
time anterior to the recovery of the
judgments aforesaid, and up to the
time of the conveyance of the south
half of the premises to Lyon, Kilroy levied
upon, used and occupied the whole of the
premises as his homestead, and that he ''levied
upon, used and occupied," the other half of
the premises as his homestead until his death,
on or about Nov. 27th, 1872. We think the
evidence (although not so explicit as it might
be) sustains these findings: That Kilroy owned
the premises from the time of the conveyance
by Pritchard to him in 1870. We have already
seen they were therefore "owned and occupied"
by him as provided in the first section of the
homestead act. It follows that the judgments
aforesaid never became alien upon them, and
that therefore the defendants, owners of the
judgments, have no interests in or claim upon
the premises in controversy. The plaintiff, on
the other hand, has upon sufficient evidence
found to have been at the time of
the commencement of this action, and before
and ever since, in the actual and peaceable pos
session of the premises in controversy, and in
addition to this he shows a paper title in fee to
the suth half of the premises through the
deed from Lyon.
Upon this state of facts we see no reason
why the finding of the referee to the effect
that the plaintiff is the owner and well seized
in fee simple of the premises in controversy
and the further finding that the defendants
Wilder & Co. and Preston have no right, in
terest or claim, or lien in or to upon said
premises and the corresponding conclusions of
law should not be sustained.
Two or three exceptions taken by defendants
to the admission of evidence by the referee
may be briefly disposed of. The deeds
from Kilroy to Lyon and from Lyon to plain
tiff were properly received as evidence ot
plaintiff's title to the south half of the prem
ises in controversy.
The premises conveyed being, as the evidence
tended to show, part of Kilroy's homestead,
the homestead law permitted him to make the
conveyance without subjecting them to levies
in favor of detendant's judgments.
As to the judgment and proceedings in the
action brought by the Olivier heirs against
Douseman and others it is apparant from the
view which we have taken that they were en
tirely immaterial in this case, because their
only value consisted in their tendency to sus
tain the title which the plaintiff attempted to
derive from the heirs of Olivier. In the
view which we have taken, the Olivier
title was entirely wiped out by the sale to Hart
on his judgment. The Olivier title, therefore,
loses all importance. The plaintiff derives no
estate whatever from it, and the evidence in
troduced in its support becomes altogether im
material, and it is not only immaterial, but
harmless, because it could have no bearing or
effect upon the proof of the Hart title, and
that is the title which is sustained.
The judgment is affirmed. BEBBT, J.
ANOTHER CLERGYMAN FAIXEN.
Disgusting Criminal Conduct Alleged,
A(/ainst an Old Minister of Eastern
|Venceburg (Ky.) Correspondence Cincinnati
For months past it has been rumored that
Rev. William B. Broadwell has been addict
ed to irregularities unbecoming a civilized
man, much less a teacher of the holy word.
His acquaintances were slow to accept such
charges, as Mr. B. has been known in this
community for more than thirty years as an
earnest worker in all moral causes, enthusi
astic in Sunday-schools, and gifted in song
and prayer. To see this venerable looking
person, 68 years old, a gray-headed veteran,
arrested by offlceis of the law, and then tried
before the junty judge for crime, shocks
beyond expression the better sense of the
community. It was a straggle, indeed, to
accept the situation. But truth demands an
exposure of the facts, a task I perform with
profound sorrow, especially in regard to his
aged wife and to his children and grand
As presented in court the circumstances
were as follows: The accused, William B.
Broadwell, is a merchant tailor by trade, and
occupies a rear room on Main street, this
city. He also kept a small shop for the sale
of apples and confectionery, which school
children frequented. Young* girls testified
that in this retired place they met their ruin.
The accused received the testimony with
scorn and defiance, but Judge Fryor held
him in bonds of $500 for trial at the criminal
court. Broadwell claims to be the owner of
500 acres of land in this (Lewis) county and
a house and lots in Dover, Mason county,
where his wife resides. But, with this rea
estate to back him, no friends appeared as
surety, and to jail he was committed.
It was well he did go into durance vile.
Our prison is very strong, and the fathers
and brothers of the children were ready to
take the law into their own hands. The
most determined set of men I ever saw were
in readiness to administer tar and feathers
on the hoary accused. But our law-abiding
citizens maintained the peace, be it said to
their credit, and our officials were firm in
This unfortunate man is a native of New
York. migrated to Maysville in 1840.
His religious work then was with the Pres
byterians, under Bev. Dr. Grundy. After
ward he accepted a position as a Baptist
minister, and labored with that denomina
tion until of late years he has co-operated
with, and preached for the Christian church.
He is superintendent of a Sunday-school
here, and to ail outward appearance he was a
zealous and earnest minister of the latter
denomination, both here and in Dover, Ky.
The officers of his church here had formu
lated charges which would have tested Mr.
BroadwelTs standing at an early day.
has, of course, many sympathizers, who be
lieve it is impossible he could have offended
as charged, and who allege his age and fixed
Christian character as absolutely warrant^Sg
his innocence. It is hoped that investigation
may show that they are right.
The Hastings & Dakota railroad will be
completed to Montevideo by the first of
December. Next year the road will reach
Appelton and then to the west line of the
State. When the road reaches Appelton,
that plaoe will be one of the nicest towns in
western Minnesota. It already has one
flouring mill, and the second one nearly
DIE MAXES A LEVY ON A POSTMASTER
A* WHO EXCORIATES HIM.
The Begging Circular Washburn Is Circu-
latingThe Postmaster at Melrose De
clines to be Blackmailed by the Man Who
Swindles His CreditorsA Manly Reason
for Refusing to ContributeExcellent
Reasons for Voting Against Washburn.
LFfom the Melrose Record.1
Two weeks ago we received a letter from
C. W. Johnson, secretary of the Bepublican
committee, Minneapolis, asking for a copy
each week of the Record till the 9th of No
vember, for which he would remit the
amount of subscription on receiving a bill.
We sent the paper, but instead of a bill
merely pointed 8^ to our rates. The next
week instead of a remittance we were mod
estly asked by the said Johnson to subscribe
at least $10 to a fund for the purpose of
securing a Bepublican majority for
Washburn, and argued that it was the
duty of Republicans to do what they could
to obviate the dire calamities that would
befal the country in case of a Democratic
victory. Now we are not in favor of using
money to secure the election of any man to
Congress, and would suggest that if Wash
burn cannot be elected without the spend
ing of such a large amount as $10 from each
Republican in the district, he would better
stay at home for it is evident the people do
not want him to represent them or they
would vote for him without the incentive of
money. Our own individual preference is
for the man who is, and always has been, the
friend of the laboring man, and opposed to
the one who found it convenient to pay
his laborers at the rate of 40 cents on the
There are indeed many reasons why the
people of these United States should demand
a ohange in the administration of officers.
And it is not very difficult for a man who
is not wrapped up in party and prejudice
against ell others, not to see many good and
sensible planks other pa^ty platforms.
While the Eepublican party has accom
plished very much good for the country, and
no doubt comes nearer being perfect than
any other, it is far from being perfect, and
the complete control it has of the adn-mis
tration of affairs, the appointment of fed
eral officers, etc., has become corrupt, as
witness the attempt to carry an
election in our own fair State
by the use of money. Nor do
we think a Democratic or National victory
any calamity at all. It would be the means
of purging the Bepublican party of much
that is offensive to the people at the present
time, and might stiengthen it for the next
Presidential campaign. And unless it is
purged of corruption it would be better to
suffer defeat. In the present canvass there
will be three candidates for Congress. Let
the people judge for themselves which would
be the most likely to support measures that
would aid the poor man to live and edu
cate his family, and vote for him no mat
ter what party has brought him out.
The people are too much controlled
by partyafraid of being stigmatized as
turn-coatsto exercise their own judg
ment and vote for a man of another party,
even when their conviction is that he is the
best man. Happily, this state of things has
nearly run its course so that it will not be
always said, when a party is largely in the
ascendancy, that a nomination is as good as
an election. The people should rule, but
they cannot as long as tricksters can buy
themselves positions of honor and trust.
"Measures, not men" should be the peoples'
motto, and they must exercise their own
good judgment what measures are most
likely to ameliorate the depressed condition,
and elevate labor to its proper position in
His Unfitness to be a St. Paul Representa-
To the Editor of the Globe.
ST. PAUL, Oct. 9, 1878.In your issue of the
8th inst. I notice that you speak of Mr. Barden,
who is nominated for Representative, as the
lieutenant of "Bill King" of Minneapolis, and
you follow that statement by remarks which
lead one to think that ho is in the interest of
Mr. King. Will you be kind enough to state
the evidence on which you base this inference,
and oblige a FIFTH WABD VOTEE.
In reply to our correspondent, who, by the
way, is a large property holder of the Fifth
ward, and a consistant Bepublican, the GLOBE
makes the following explanation of its charge
against Mr. Barden's loyalty to St. Paul. In
the first place, the GLOBE states as a fact, so
notorious that even Mr. Barden will not at
tempt to deny it, that in the late "fair" con
test between St. Paul and Minneapolisthe
latter being Bill KingMr. Barden threw all
his influence, and did everything in his power
to advance the interests of the latter, to the
detriment of the exhibition in his own city.
The truth of this statement is so notori
ous thai it hardly seems necessary to resort
to specification, but as our correspondent has
asked for proof, we will give one instance of
record in the files of the GLOBE, part of it
over Mr. Barden's own signature.
Last spring, after the announcement of
the fairs, Mr. Barden and two or three other
leading stock breeders agreed to make a
trotting match for 3-year-old colts owned
the State upon a specific date, eaoh entry to
pay $ 100. Subsequently it was agreed that
the' entries should close the night of the
4th of July, and that a meeting should be held
of the parties making entries, at the
Metropolitan hotel, St. Paul, the 5th of July,
at which meeting the rules for the race, and
the place for holding it should be designated,
a majority vote governing.
At last the time for opening the entries
and deciding upon the place for the race
rolled around. The entries were opened as
specified in the agreement, but there was
none from Mr. Barden. The ofher parties
to the original agreement went forward and
completed details for the race, selecting St.
Paul as the place. In noticing this action,
our reporter mentioned the fact that the
failure of Mr. Barden to make an entry was,
under the circumstances, looked upon in cer
tain quarters as a want of loyalty to St.
Paul. To this reflection Mr. Barden took
exception, in a communication of date July
6, in which he ascribed his reason for non
entry, to be the fact, that the colt being
"16% and otherwise in proportion, and
while showing sufficient speed and endurance
to go in any company, it will be apparent
to any horse man, that no animal of that
age and size, can be used as would become
necessary to make a respectable showing,
without injury,'* etc. As Mr. Barden in the
same connection announced his intention of
paying to the fund his $100 for entry, no
-one was disposed to question the honesty of
Thus matters stood until the week of the
great fairs. The colt race at St. Paul was a
feature of its fair. Bill King, to combat this
feature, announced a similar race, and to
the astonishment of all, Mr. Barden enters
and trots his "16% and otherwise in propor
The above is a simple statement of fact.
It needs no comment, further than that the
"16% and otherwise in proportion" colt was
badly beaten in his Minneapolis race, but not
so badly as will Mr. Barden be in his race for
the legislature from the Fifth ward.
The Belgian minister is to marry a New
Alaia, la., has a 5 year old girl who weighs
Ne York city reduced in debt over $5,000,000
in the last year.
Lumber mills employ 75 per cent, more labor
than flour mills.
About $7,500,000 is invested in manufactures
in Lewiston, Me.
Marshalltown, la., has 500 more scholars than
its schools can accommodate.
The best article we ever saw on that noblest
of animals, the horse, was a covered side-Bad
President Garrett, of the Baltimore & Ohio
railroad, will arrive from Europe on the 15th
The subscriptions lately raised for Mario
will secure to him an annuity of about $30
Many beautiful ladies, when walking out, are
angry if they are gazed at, and indignant if
they are not.
When a woman makes an effort to whistle,
the great glory of her month is seen without
being heard much.
Fifty years ago 40 per cent, of college gradu
ates in the United States became clergymen
now the per centage is only 17.
Five hundred and sixteen deaths, 489 births
and 125 marriages were reported to have oc
curred in New York, laRt week.
A Boston firm has a British order for 5,000
reams of sand paper. Somebody over there is
going to take a bath, apparently.
Henderson, Ky., has a hermaphrodite pig
with blue eyes, the jaw of a child, and a snout
and ears like those of an elephant.
Brother Potter is said to be enfoying domes
tic ease preparatory to another move upon
fraud after the November elections.
It has been decided at last that it is the lady
mosquito that does the biting. It is the gen
tleman mosquito that makes the racket around
The Germans of Shreveport, La., who Bent an
address of sympathy to the emperor when he
was bhot by Nobihng, have received a cordial
letter of thanks.
The Chinese at home never "go visiting."
When one wants to see his relatives he journeys
to their abode, puts up at a hotel, and sends
for thein to come over and shake hands.
In the midst of the deep gloom that over
spreads the South, reports Bhow that the cotton
crop was never more promising. There is now
no complaint from farmers in any quarter.
When a Chinaman makes love to a white girl
he doesn't rave about how his heart pants f.
her, etc. No, he simply tells her he loves her
better than he does rats, and she believes him.
George Gorham, secretary of the Republican
Congressional campaign committee, is quite
seriously sick with some kind of kidney com
plaint. The election returns have nothing to
do -with it.
"Here I am for you," were the last words of
Mehemit Ah as he rushed out from tho burn
ing tower at Jachova into the midst of his as
sasins. He was luthlessly cut down with 200
The talk in St. Louis, Mich., is about Ste
phen Dodge, an exhorter, and one of the pio
neers of Gratiot county, who has abandoned
his wife and children, and has eloped with an
inmate )f the poorhouse.
Mr. John Parker, of Louisville, whose father
died recently in Paterson, N. J., leaving him
15,000, has written a letter to tho executor,
"relinquishing all right to his inheritance, com
ing as it did from a man who voted for Lin-
He was getting a certificate from the clerk,
and in reply to the usual question, "first or
second marriage?" he said: "It's my second
marriage, I'm sorry to say, but my wife le
quested me to marry again and I'm going to
In a Michigan town not long ago the busi
ness affairs of a man who had suffered loss
through a thieving clerk were put into the
hands of a receiver. Now, this case, it
can't be said that "the receiver is as bad as the
Red-shirted darkeys and even colored women
in red tippetsthe finer the bettersalute
Wade Hampton in crowds as he passes in his
campaigning through South Carolina. An au
dience of five thousand, all colored people,
greeted him at Bonneau's on Thursday night of
In Brazil all males over 21, be they white or
black, and all civilized Indians who have ar
rived at the majority, arc allowed the right of
suffrage. A traveler reports that elections are
conducted with seeming fairness, and without
any evidences of excitement or of partisan
The jealous woman ia New Jersey who con
spired with an over-compliant postofhee clerk
to intercept and open her husband's letters,
has put him and herself into the clutches of
the law. Both have been convictedand the
warning is a solemn one for women who sus
pect their "worser" halves of improper goings
The late Colonel Kinloch Falconer, secretary
of State for Mississippi, went from Jackson to
Holly Springs, his native town, to help his
friends and familj in their hoar of trouble.
His father died, and then his brother, and then
he himself was stricken. He served in the
confederate army on the staff of General Jo
seph E. Johnston.
John Brougham has suffered a Bevere bereave
ment. His wonderful parrot, which for many
years has been his companion and friend, suc
cumbed on Thursday to illness, and when his
master returned from a meeting of the mem
bers of the Dramatic Fund, he found him stiff
and stark at the bottom of his cage. The old
actor's attachment fpr the bird is well-known.
M. D. Conway writes from London that Mr.
Edward Trueiove, imprisoned four months for
Belling a Malthusian pamphlet by Kobeit Dale
Owen, had a welcome on his release from prison
which will not have failed to make its impres
sion. Mr. Trueiove is one of the most venera
ble booksellers in London. He is a man of not
only unblemished character, but of singularly
modest manners and unaggressive temper.
Mrs. C. E. Deihm, the New York lady who
owns the "Centennial Safe," (a wonderful
repository, which, being shut and sealed on
the 22d of next February, Washington's birth
day, will be kept closed for exactly one hundred
years, has been in Washington to pay her re
spects to Mrs. Hayes. The President's wife
will contribute the inkstand and pen for the
safewith which the eight to seven commis
sion signed their verdict.
What are called the Princess Mary's Village
Homes, at Addlestone, England, were estab
lished chiefly for the benefit of infant children
of female felons. The children are carefully
trained for industrial occupations and a large
proportion of them turn out remarkably well.
They require exceptional care in training, from
the fact that so many of them have had drunk
en mothers, which often produces in the off
spring what has been termed moral insanity.
Miss Carrie A. Wheeler, a Boston young lady
who has yet hardly bidden adieu to her teens,
has been busily engaged during the past sum
mer in constructing an opera bouffo, which the
Hollis Street Dramatic club, of which she is a
member, intend to produce this wmter. The
operatta, which is now practically completed,
is wholly the work of the young iady, its text!
songs, piano accompaniments, introduction,*
dances, etc., having been composed and written
out by her.