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COIMGRAI.. ~
VOLUME SPEECHES IX Tt r'TU
HOUSES OS PEJTJBING QUESTIONS.
Tiie Civil Service Bill la the Senate—Pa
triotic Speech by Senator George, of Mis
sissippi—The Pcstofßce Appropriation
BUI In the House— Good Pxos'taa Made
Senate.
Washington, Dec. —In the senate
Messrs. Cameron, of Pennsylvania, Ingalls
and Sherman presented petition for in
crease of pensions to one-armed and one
legged soldiers. Referred.
Messrs. Pendleton and Sherman present
ed a memorial of the tobacco board of
trade of Cincinnati, asking a modification.
or repeal of the tax on tobacco. Referred.
Mr. Ferry, from the committee,reported
favorably the hou?e bill lnakyig it an of
fense punishable by fine and irhprisonnsent
to personate a postoifice ijrspecfesr. Placed
on the calendar.
Mr. Anthony from tha conmitteo on
printing reported the tonne amendment
to the resolution providing for printing the
report of the tariff commission. Agreed to.
It" provides for printing,* kidexiEg and
binding 42,000 cepies of the report, testi
mony and accompanying f^ipers for the
use of congress •said the tari2 con: mission
•and -for printing 20,090 copies of the re
port without the testimony "for tfr-3 use of,
the two booses. At the clove of fie morn
ing haw: "the-cansideratioa of lira French.
spoliations biS was resumed.
Mr, Hoar advocated the bill. '
Mr. Sherman reviewed lihe history of the!
•claim-;-. fie was satisfied thrt however
strong the ccwimsaaight'be against Fr«nce,',i
they v?ore ::'^-ui;:Ul;. groundless against the '•
United States.
Mr. S lyasd \vs" "ind'to ha«*) an oppor
tunity to express his opinion en the justice
■of file claims.
After further debate the MB was nmencl
■ed end parsed, sad ti*» senate resumed the
consideration oi the :FendU*on ciril svr
vice •bill, Mr. M:ller of New York on t'.ie
floor.
Mr. Miller scid the senior frocnl Geor
gia feared this bill. if passed, would, tend
to establish life tenore of office, b-rt in fact
it would simpcy pot trnck tb^* tenure cf of
fice where it was (taxing th* first fifty. years
of-ear national life. That, senetar also
professed to£ear tho bill would establish
*ii aristocracy. This talk 'would net-do to
frighten children with; orach fcsss would
ii serve to frigiten brave senators on
the iJ^inocratic -side i'.-om supporting
this bill. If the orals of She present system
continue to increase in 3ihe sasae propor
tion as in the past the .government could
not live another^sentnry
. Mr. Oeorge th«rfzght the passage of this
bill would inaugurate « most important
■and neooassarjf jaform, £or the evils which
it sought to remedy were of the ; most
inon^entau? character cffecting^deeply the
purity -af-our governmental administration,
and even threatening the stability of our
institettens. It ,proposed to over
threw a -da&gersas and corrupt
fiyetsEi chic's had flat its . motto, "to the
victor belong the -spoils," which held, as
Webster said, -"by ri^'nt of conquest," pub
lic oAices. -created by the people for the
common goad, *nd treated ;the defeated
part;,- efiien one-half the American people,
as unworthy to participate in the govern
ment d their country. Tbe people had
tired of the esils, and had demanded a
radic?.l reform. Tins demand was made
in no doubfcfnfnl tone, and the man or
party, vrho could sot understand the mean
ing of the recent popular upheaval
must be blind indeed The
Democratic party, at least, ought not and
would not resist the people's will. If any
body imagined the people,.tired of Repub
lican corruption and profligacy, over
threw the i\epublican party merely to give
the Democrats an opportunity to practice
the same methods, he was most seriously
in error. The Republican senators seemed
to understand the people's meaning, and
he (George) was glad to see the change
that had roaie over the spirit of their
dreams oj. this subject, for what
ever might be the cause of it, the
change was most salutory. Still, the
change was remarkable. .Last session civil
service reform was sneered at, and the
senator from Ohio (Pendleton) was re
garded as insincere or visionary in press
ing it upon public attention, while politi
cal assessments were defended as a justici
able means of gaining and retaining
power, but now the general opinion seemed
to be that political assessments were a crime,
or even worse —in the politician's creed,
a serious blunder and that a monopoly of
office "by right of conquest" was not the
surest means of retaining power. Repub
licans were now so thoroughly conscious
of the guilt of political assessments that
they came to congress in the first day of
the session, and by their president asked
the speedy passage of a law to prevent
them from relapsing into sin. The senator
from Georgia (Brown) seemed to think
there would be no chance for the Demo
cratic party unless it could promise its
members the spoils of office. He (George)
repudiated the idea. He denied'
that the Democratic party was
dependent upon "the cohesive power of
public plunder," and said it would go into
the campaign of 1884 as it went into that
of 1876 under the motto, "reform, fidelity j
to public trusts and economy in adminis
tration," and not with the miserable battle
cry of "booty to the victors; woe to the
vanquished."
On motion of Mr. Pendleton the first
section of the bill was amended so as to
require the civil service commissioners to
be confirmed by the senate.
The question was on Mr. Allison's
amendment providing that there shall be
three commissioners, instead of five, and
they shall not be connected with any de
partments.
Mr. Bayard spoke of the importance of
reforming the civil service, and the de
moralizing effect upon public men of the
spoils system. H« would support the
pending bill, and was quite ready to meet
the responsibility to which th» senator
from Georgia (Brown) said Democrats
who supported it would be held.
Mr. .Morgan offered two amendments
which were ordered printed. One of them
provides that no advice or recommenda
tion of any applicant for examination or
appointment given by a senator or rep
resentative shall be received or considered
by the examiners, unless it shall have been
previously asked in writing by one or
more of them! The other authorizes the
commission to designate in each state
', five examiners not in the service of the
United States and not more than three of
them belonging to the same party, who
shall examine applicants residing in the
state.
Mr. Yoorhces culled up his resolution,
directing the secretary of the interior to
send the senate any paper or information
in his possession in relation to any dispute
between the Cherokee Indians and the
United States arising out of treaty stipu
lations or laws relating thereto. Adopted.
Mr. Biair offered a resolution, which was
■greed to, directing tho secretary of the
interior to furnish the latest and fullest
information in possession of the bureau of
education in relation to technical educa- !
tion in schools endowed iv whole or part
by the government, and also iv certain
other schools. Adjourned.
House.
Washington, Dec. 15.— the house
O'Neill, of Pennsylvania, presented a peti
tion of the Philadelphia maritime exchcrage
urging an appropriation for gas-lighted
buoys. Referred.
Mr. Kasson, of lowa, from the 'commit
tee on ways and means, reported back the
bill amending the act to repeal discriminat
ing duties on goods produced -cast of the
Cape of Good Hope. Passed. The bill re
lieves from payment of duty such goods as
may be in bonded warehouses or on ship
board on the Ist of January, ihu date when
general relief goes into effect.
Mr. Gunther of Arkansas introduced a
bill granting the right of v/ay for railroad
purposes through land the United States
at Fort Smith military '-reservation, Arkan
sas. Referred.
Mr. Reed of Main© presented as a ques
tion of privilege theTE.emoriai of Jus. 11.
McLean, claimed te kave beea Bleated to
succeed lie; late Thomas Allen, from
the Second congressional dis
trict of V. Missouri to the Forty
seventh congvefw. McLean asserts ihat
he received a plurality of the votes cast at
the special electien, but that the secretary ,
of state refused to give him the certificate i
en th« grouad that the Second district had
been legislated out of existence. Be ask*;
the "house to declare him entitled to the
seat. Mr. Jxhbl • stated there was no dis
pute as to McLean's plurality-. S-'herea
son-3 which v.'ere alleged for not giving <he
certificate ws»3 that the new re-districting
of the state iad abolished t&e old district.
That ground could not fee maintained.
Ha admitted that be had no • documentary
e/idence tc show that that was ihe .ground
far rafasaL
i Mr. CnrSsle, of Kentucky, agreed that
'the re-di3icicting cf the state only went
into effect at the .election for the sabse
queni coagress; but if Mr. B-oed had no
evidence or the ground of the refusal of a
, certificate by the secretary of state, he
thought that question -should be referred
to the committee on elections.
| Mr.-Clardy, of Missouri, stated that Col.
Brodhead, the rival -candidate for congress,
did not deny that on a fair return McLean
•was entitled to the Beat. He had never on
iertain-t- the idea of contesting the elec
tion. He had authorized him(Clardy) to
say feat he did not wish 'to interpose any
obstacle to McLean's taking the seat.
Mr. Bland, of Missouri, said there were
preoedents to sustain the -secretary of
state in the ground which he had taken.
He though* the committee on elections
should investigate the case and raport
wiitt the law and precedents were.
Mr. Springer, of Illinois, favored the
immediate seating of Mr. McLean. It was
conceded that he was elected, and the
committee on elections could throw no
new light on the matter.
Mr. Herbert, of Alabama, argued in fa
vor of referring the question to the com
mittee so that the decision would have the
w&ight of well considered precedent.
Mr. Reed said that the refusal to admit
Mr. McLean on the instant was not only a
denial of justice to him, but to his constit
uents who elected him. The question was
then put as to whether the claimant be
sworn in, and it was decided in the affirma
tive, 149 against 15.
Mr. Me Lean appeared at the 'bar of the
house and took the oath of office.
Mr. Duigley, of Maine, from the joint
shipping committee- reported a biil to
relieve the burdens of the American mer
chant marine, together with a report. The
bill was referred to the committee on com
merce. The views of the minority pre
sented by Mr. Cox, of New York, was re
ceived and had the same reference.
Mr. Washburn, of Minnesota, from the
committee on commerce, reported a bill
authorizing the East t West Railroad
company, of Alabama, to construct a
bridge across the Coosa river.
Mr. Martin, of Dei ware, introduced a
bill to enconrage manufactures for export.
Referred. It allows a drawback on articles
manufactured in part of imported materi
als when exported.
Mr. Binghain, of Pennsylvania, intro
duced a bill providing that whenever it
shall become necessary to increase the
speed on which mails are carried on a star
route, it shall be re-advertised for the re
duced time required. Referred. The house
then went into committee of the whole and
resumed consideration of the postoftice bill,
all debate being limited to two hours. Mr.
Calkins, of Indiana, was in the chair.
Mr. Townshend, of Illinois, delivered an
argument in favor of the amendment
which he proposed to offer for the bill
abolishing postage on second class matter.
Mr. Atkins, of Tennessee, thought there ;
wouid be considerable danger of creating
a pretty large deficiency in the revenue of
th« postoiiice department if a reduction
should be made in the rates of postage.
Mr. Willis, of Kentucky, stated that dur
ing the last congress he had introduced a
bill to reduce postage, for tbe purpose of
bringing about an investigation of the
question, and that investigation, he was
glad U> say, had shown its propriety.
Mr.«irinnell did not think any measure
could be passed by congress that would
be received with more approbation than
one reducing the rate of postage.
Mr. Holman of Indiana thought the
present, plan of inland mail transportation
by railroads was open to objection, and
considered it strange no effort had been
made to remedy its defects. As to the '
land grant roads, they should be required
to transport the mails on the basis fixed
by the decision of the United States su
preme court.
Mr. Reagan of Texas opposed the reduc
tion, holding that its effecs would be to re
move a mnall tax from persons moat able
to boar it.
Mr. Robeson of New Jersey
closed the discussion. The
bill proposed to reduce the
postage t-jf. on tho individual people 33f y
per cent. It was a reduction which the
experience of the world had shown to be
in the interest of the spread of intelli
gence and of the dissemination of knowl
edge. Wi>atever danger there might be in
tbe experiment, for himself and for those
who were associated with him, ho accepted
the responsibility before the American
people. This was a measure in the in- ;
terest of the individual people, nnd if an
additional tax was to be ievied
for its support, let it fall on
the aggregated capital of the
country. Another change in the bill was
the omission of the provisions for the
benefit of certain sections and in certain
interests, what was known as special mail
facilities. Instead of spending §1,000,000,
which had been appropriated, the poet
master general had found it aeoeesary to
spend only $185,000, yet at the last session
there was a great clamor for special facil
ities. All /hose facilities were given to
certain special trains that left New York
in the gray of the morning just after the
metropolitan papers were issued and
reached tho country in advance os the lo
cal press. He did not object to that, but
he did object paying for special facilities
for mail oarried on regular passenger
trains. Ho had been directed by the com
mittee on appropriations to offer the
amendment to the bill providing that com
pensation for carrying mail to railroad
companies that received government
aid in bond subsidies as well
as land grants shall not excocd
">0 per cent, of the amount allowed by law
as compensation for the same service by
railroads which bad not received govern
| ment aid. Of coarse, this amendment was
for the benefit of the people, and when
that was done at the expense of power, the
individual who took a share in that benefit
puffeyed at the hands of the power?. When
a man undertook to benefit individual in
terests, he must expect to receive
THE.ST. PAUL DAILY GLOBE, SATIRDAY MORNING, DEO^^ 16( lfe g 2
the blows of the consolidated powers,
whom he attacked, but ho (Robeson) for
one should be content in the records of
history, if it ■were understood that, so long
as ho held the key of the position, he was
neither overridden by power nor frightened
by obloquy.
The bill was then read by portions for
amendment?. In speaking to aP formal
amendment Mr. Mill?, of Texas, protested
against the reduction of the rate of post
age. Like all reduction of taxation sines
the war, it was a reduction which
began at the wrong end. What was all
this talk about superabundant treasure,
when there wa3a national debt of $1,400,
---000,0(8? It was not the poor people but
the coVnvnerci::! interests that paid the tax.
These interests were the interests which de
manded the reduction, and congress was
going down on its knoss and taking all the
burdens off them, and placing them on
poor people. How many gentlemen on
the other side "who voted for this reduction
would vote to take the tax from cotton ties
: Mr. Springer, of Illinois, favored the re
'^uciiou because he believed the postal ser
vice would lie self-sopporti*g after the re
duction was made. '
: Mr. Blanchard, of > Louisiana, moved to
increase foe appropriation for transporta
i tion by steamboat routes from $5,000,000
to $7,00*,000. Ejected.
Mr.'Oaswell, of Wisconsin, on behalf of
the committee on appropriations, offeree
an amendment increasing the star service
r0m^.5,000,000 to §5,250,000.
Mr. Upson, of Texas, moved a further
increase of $*258;000. Rejected.
Mr. Caswell's amendment was adopted.
Mr. Robinson. of Massachusetts, offered
as amendment appropriating $(500,000 for
necessary and special mail facilities.
luscessary and ■special mail facilities. an
Mr. Hiscock, of New York, offered an
amendment to tho amendment, fixing the
amount at $39t\0G0. Pendiag action the
committee rose.
Mr. Dutnell, of Minnesota, offered a
resolution reciting the allegations that
some collectors of customs along the
northern frostier are in receipt of large
fees from th« safe of blanks, which are not
turned into the treasury, and that said col
lectors are iii the pay of importer* and
corporations, and directing the committee
of ways and .means to inquire into the
troth of these allegations. Adopted. Ad
journed.
ATROIOMAL MISERY.
A Prominent Chicago Attorney and Politi
cian Applies for a Divorce from His
Wire.
[Special Telesrraai to the Globe.l
Chicago, Dec. 15. —On Wednesday last j
a bill in chancery was filed in the superiDr i
court which was immediately ordered by
Judge Jameson to be suppressed, and was
sent up to his court. The reporters had
no clew to the parties or object of the bill \
except that it was No. 85,996. By labo- '<
rious searching through the index yester- '
day, they learned that the bill was a bill fof.
divorce, filed by Simeon W. King, the
United States commissioner, against his
wife, Grace M. King. An effort was made
to learn the ground of the prayer for di
vorce, but without success. Mr. King
brought the suit for • himself, and
positively declined to divulge anything,
Judge Jameson was applied to, but said
the bill would probably be suppressed for
a considerable time to come. Simeon W.
King, the gentleman who asks to be di
vorced from his wife, is an attorney, and
at present a United States commissioner,
commissioner of deeds for all the states
and territories and Canada, commissioner
of the United States court of claims, pass
port agent and notary public. He lives at
541 Wabash avenue, and his office is in the
First National bank building. Mr. King is
about forty-five years old, but hi:< gray hair
gives him the appearance of a much more
venerable age. " He has for
some years been an
active campaigner for the Republican par
ty, and although not exactly the most elo
quent orator, has been a frequent speaker
at campaign gatherings. If there is any
peculiar reason why Mr. King's divorce
bill should be especially screeaed from
publicity it is left entirely to conjecture,
as are also the undoubtedly interesting
facts concerning the disagreement of Mr.
aud Mrs. King.
The Telegr;-2>li War.
Albany, N. V., Dec. IS. —Before Attorney
Gensrai Russell to-day, in the case of
Greaves and others against the Western
Uniou Telegraph company, seeking per
mission to compel that corporation to va
cate its charter, an able argument was
made by Gen. David H. Hub bard on be
half of the applicants. Gen. Hubbard
sought to show that the Western Union
company had, gone on absorbing rival
companies, increasing its capital stock and
pursuing a policy calculated to crush all
competition, and that it had violated the
law repeatedly and defiantly. General
Manager Swain, on behalf of the respon
dent, urged that the statute of limitations
ran and held that the complainants had re
cently purchaHed their grievances. He
defended the various and successive issues
of stock by the Western Union and main
tained that each and all of its transactions
had been sanctioned by law. Gen. Frances
C. Barlow followed General Swain, and
after complimenting the attorney general
on the soundness of his decision in allow
ing suit to be brought by the people
against the Mutual Union, continued that
what was sauce for the goose, wa3 sauce
for the gander." He then proceeded in an
easy and brilliant manner to controvert
the points made by General Swain, aiming
to establish that the statute of 1848 under
which the Western Union was organized,
did not confer authority to increase its
capital stock, and that all such increase?
had been in violation of the spirit and in
tent of the statute. Further hearing wjis
adjourned until to-morrow at 9 o'clock.
One Krmilt «f Tinkering.
[Special Telegram to the Globe. ]
Chicago, Dec. 15. —A dispatch states that
John Rfluch, a prominent cigar manufac
turer of Indianapolis, made an assignment
to George W. Wiahart to-day. Assets,
$16,000; liabilities, $25,000. The heaviest
creditors are Rothschild & Schroeder, and
Elliel, Kolenberg &, Hiller, of Chicago. He
attributes his failure to the depression in
the trade caused by congressional tinker
ing with the revenue law.
(^"Explicit directions for ever; use are given
with the Diamond Dyes. For dyeing Mo6ses,
Graseee, Eggs, Ivory, Hair, Ac.
A. itensUtlt) Hint.
[N. Y. Sun.]
If the governor of New Mexico and the
governor of Dakota, who are spending
their time in Washington, would go home
and attend to their official duties, they
would be doinr +!:' j worl^ for which the
people pay th'i.; di J fitting those terri
tories for ;«">•; ■ r. io tue union when the
proper tune comes. No state shogd b<;,
lobbied into the Urn ion.
%!*"A eowatd can be a hero at a distance:
: presajice of danger tests presence of miDd.'"
Presence of disease tests the value of a cura
tive. Kidney-Wort challenges this test always
and everywhere, so far as all complaints of the
; bowsle, liver and kidneys are concerned. 1\
curuti all, nor asks any odds.
SUPREME COURT. |
Perkins "vs." Mowe: motion for vca^a
ment denied. i
Richard Fleming, appellant, vs. E. li
Roverend, as County Auditor of Houst- jn
county, respondent; submitted on V- r j e f s
by appellant: argued by responds an
taken under advisement. • ■' ■
Julia F. Greenleaf, responded vs o ter
F. Eoran, appellant. Argr 0(J *' and , nb _
mitted.
Henry L. Gud<^ Mfc^andent, vs. the City
of Mankato, appettrjit. Argued by appel
lant; respondent to submit on briefs.
. Nos. 6, l".i, 32, 55, 03, 72, 86, 93, \)i, 05
and 103, of calender were submittad on
briefs. No, 3 was struck from the cal
ender and Kos. 22, 75 and 12-1 continued.
AdjoarneA sine dip
DECISIONS.
S. J. kelson, respondent, vs. the Chica
go, Milwaukee & St. Paul Railway com
pany, appellant.
Syllabus— ' liability of a railroad
company under section 55, chapter ' 84,
general statutes 1878, for injuries to do
mestic animals in consequence of its neg
lect to build and maintain fences on each
side of its road is not limited to injuries
caused by collision with trains, bat extends
to any injury which is the natural and
proximate consequence of such neglect;
that is. any injury to animals getting upon
the railroad which might naturally and
reasonably be expected to result from such
neglect in view of the character and condi
tion of the railroad and the uses to which
it is put.
But the statute does not change the gen
eral rules of law governing liability for
negligence, so as to make a railroad com
pany liable for cv. ry injury which would
not have occurred had-p. fence been built,
regardless of th« fact whether the neglect
to fence was the proximate or only the re
mote cause of such injury. As in other
eases of negligence the company is only
liable for injuries of which the neglect to
fence is the proximate cause and which are
the natural and proximate consequences of
such neglect.
In this case the evidence tended to show
that the animal, while running alon<r the
railroad track, set its foot into a small
hole in the ground, not ordinarily danger
ous, and about the size of its own foot, and
thereby, in some way not otherwise ex
plained, broke its leg.
Held, That the injury being one that is
not usual, and which would not reasonably
and not usuaLy be expected to result from
a neglect to fence the road, cannot be said
to be the natural and proximate conse
quence of such neglect, and hence must be
attributable to chance or accident, and not
to the neglect of the defendant.
Order reversed and new trial ordered.
Mitchell. J.
Associate Justice Berry, dissents in part,
as follows: "I agree to the final conclusion
arrived at in the majority opinion, but ob
ject to th« reasoning by which it is reached.
Under our statute, I think the liability of
a railroad company for injuries to domes
tic animals going upon its so-called right
of way. in consequence of the company's
neglect to bnild or maintain fences,is a lia
bility for such damages only as result from
the fact the right of way is used for rail
road purposes. In other words, it is a lia
bility for what may, for short, be styled
railroad damages only, or t such as result
from the fact that there is a railroad there.
The injury resulting in this case to the
plaintiff's mule from stepping into the
small hole between the ties evidently does
not come within this description of dama
ges." i
In the matter of the estate of Stephen
Desnoyer, deceased, Sally Desnoyer, re
spondent, vs. Mary Jordan, et al., appel
lants.
Syllabus—ln May, 1873, Stephen Des
noyer and Sally Desuoyer entered into an
anti-nuptial contract, whereby, ia consider
ation of the contemplated marriage, he
granted to he?, among other things, an
annuity of £f>GO per annum during the
time of her natural life, which was made a
charge upon his estate and lands, and in
consideration thereof she released all
hor right of dowor, and all her interest or
cJaini of any kind in bis estate, except rs
to the provisions made fur her as afore
said. After their marriage Stephen died
I intestate, leaving Sally, his widow, surviv
ing him. The probate court upon petition
of the widow, made an allowance to her of
i <?f>o per month for her maintenance dar
ing the settlement of the estate", pursuant
to the provisions of Pec. 1, eh. 51, Gen.
Statute 1878. No exception was ev«r taken
to this order and this allowance was paid
by the administrator daring the settlement
of the ostate without objection from any
one; and his accounts showing such pay
ments were approved and allowed by the
probate court, and no appeal was ever
taken from such action of the court.
Held, That these payments having been
made and received under the statute,
cannot now be applied as payments upon
the widow's annuity under the anti-nuptial
contract. It is wholly immaterial that ac
cording to the teima of this contract she
may not have bean entitled to any al
lowance under the statute. If the order
of the court in that regard was erroneous
the remedy of the heirs was by appeal to
the district court, or by application to the
probate court to have the order revoked.
Held, also, That it was competent for
the probate court to make a decree assign
ing the real estate to the heirs subject to
the charge of the annuity to tho widow,
and such court was not required to retain
control and custody of such real estate
during the life of the widow for the pur
pose of raising funds with which to pay
the successive installments of the anunity
as they might become due. That the
whole real estate being ' charged with the
payment of this annuity, is was just as ac
j cessible for such purpose in the hands of
the hair?, os in the hands of the adminis
trator, and hence the decree assigning the
property to the heirs in no way prejudiced
the rights of the widow.
Judgment modified and cause remanded.
Mitchell, J.
Janus C. Stord, respondent, vs. George
Stappel, Jr., appellant.
Syllabus— That under the evidence
and instructions of the court in this case,
the verdict of the jury necessarily estab
lished the facts:
First, That the relation of landlord and
tenant never exißted between the parties
to this action.
Second, That the shelving . and drawers
described in the complaint were erected
and placed in defendant's building by
plaintiff under a license from 'defendant,
and - under . and agreement . that
plaintiff might remove s the . same at
pleasure. Hence they never
became a part of the realty, but preserved
their character the personal chattels of
plaintiff.
Held also, That having b*en erected and
placed in defendant's buildir.^ tinder this
license and agreement, and being capable
of being severed and removed without ma
terial injury to the building, an action for
tkeir wrongful conversion and to recover
their value will be against the defendant
after demand upon him for permission to
remove the same, and a ref nsal on his part,
although they are still attached to the
building and have not been dirannexud.
Order denying a new trial BfSrm«-d.
Mitchell, J.
David J. Henoessy, respondent, v*. The St.
Paul, Minneapolis & Manitoba Railway
company, appellant. . '
Syllabus—Action of ejectment for per.'
aisF* .-•• 7^ . -»-. . .. . ' ~~ "7~T
,f <+>h9%. an audivided'interest in a tract
v #>>,7, That it -was aot necessary to allege
■ -he complaint tfagl the defendant had
r ot since its entry «pon the premises ac
quired the right to the possession by con
demnation for the purpose of its road.
This would bo a matter of defense to be
set up by answer.
Neither was it necessary to allege that
the defendant was Hot the owner of the
other undivided interest, or in possession I
under s»ch owner. This would also bo a
matter of defense, even if the complaint
did not allege facts which would amount
to an ouster of a tenant in common by his
co-tenant.
Order affirmed. " Mitciikll, J.
Harlan P. Hall, appellant, vs. the Board of
County Commissioners of the County of
Ramsey, respondent. . ' ,y
Syllabus—Section*; 72 and .110, chapter
11 general statutes 1878 construed and'
/iW</,that there can be no valid letting by
the board of county commissioners of the
advertising of the list of delinquent taxes
on real estate without a -designation of the
, newspapers in which such list shall be
! published.' • ■':•' .£
Also, that under section 72 the board
i must designate such paper either at their
annual meeting in January or at their meet
ing in March and if they fail to do so their
power to act is terminated and thereafter
the power and duty to designate such
newspaper is devolved exclusively upon
the county auditor.
Order sustaining demurrer to complaint
affirmed. Mitchell. J.
Warren Smith, appellant, vs. John Deid
rick, Catherine Deidrick and John C.
■ White, respondents.
Syllabus—Transfers of property by an
insolvent debtor valid by the state Jaw but
declared void by section 35 of the Federal
bankrupt act are voidable only in favor of
proceedings in bankruptcy, and the fact,
that such transfers are in fraud of the
bankrupt act is only avoidable in proceed
ings under and in aid of such fact. Hence
in an action by a judgment creditor in aid
of his execution a transfer of property by
the judgment debtor, valid where made
under the state law. cannot be declared void
as against such creditor although voidable;
under the bankrupt act.
Judgment affirmed. Mitchell, J.
John Kraus, Joachim Butzow, Theodore-
Peters, co-partners under the firm name
and style of Butzow »i Peters, respond
ents, vs. Nathanios R. Thompson, ap
pellant.
Syllabus—The fact that a vender of
goods in ignorance of fraud on the part of
hi* vendee constituting a ground for a res
cission of the contract of sale, has pro
ceeded to judgment against the vendee for
the purchase price of the goods will not
amount to an affirmance or ratification of
the contract of sale so as to preclude him
from rescinding upon subsequent dis
covery of such fraud.
Order denying a new trial reversed, and
new trial ordered. Mitchell J.
Mayor Shaperia, respondent, vs. T. J. Bar
ney, appellant.
Syllabus Evidence considered and held
sufficient to sustain the findings of tho
court below. A wooden platform situate
in the building of defendant belonged to
plaintiff who had the right to remove it.
The defendant refused to permit the plain
tiff to enter the building and remove it,
and claimed it as his own property.
Held, That an action will lie against •
the owner ofthe building'for the wrongful
conversion of the platform although i? be
attached to the building.
Judgment affirmed. Mitchell. J.
U. & Circuit Court.
[Before Judge McCrary.)
A, Anderson vs. P. T. Scotland. Contin
ued.
The United States vs. Benjamin Soule-
Continued. (Two ca?e?.)
The United States vs. John S. Pillsbnry
Continued.
Horatio Secord vs. the St. Paul, Minne
apolis & Manitoba Railway company. Set
for Dec. 28.
JUBY. CASES.
Harriet A. Sweet, administratrix, etc.,
vs. the Chicago, Milwaukee & St. Paul Rail
way company, et al.; and Ethan A. Clark
vs. the same. (Tried together.) Lovely
& Morgan for plaintiffs, and Camoronj
Losey & Bunn for defendant. On trial.
[Before Judge Nelson.)
Nichols, Shepard & Co. v?. P. A. Odell,
et al. On trial by the court.
Adjourned to 10 a. m. to-day.
Probate Court.
[Before Judtfo o?Gonnan."J
Estate of Teifair Mariott, deceased; will
and petition filed; hearing Jan. 8, at 10
a. m.
District Court.
BPBCIAIi TEEM.
[Before Judge Wilkin.]
Daniel J. Hennessy against Jacob Peter
son; on trial.
[Before Jud;o Simons.]
Corlies, Chapman & Drake, against
Elizabeth Halenden, Thomas Halanden
and S. Madeaa;on trial.
Municipal Court.
[Before Judge,Barr. |
Wm. Ames, drunk; jail five days.
M. War drunk; paid $5.
Wm. Gibson, drunk; five days.
James Wheeler, crank; paid $5.
James Peel, drunk: paid $5.
Anna McDonald, drunk; sent out of
the city.
John Williams,'larceny; thirty days.
Chas Johnson, larceny; continued to
Dec. 16.
J. H. Mann, assault and battery; paid
$13.
J. O. McCibs, larceny; bond of $100
forfeited.
Frank G. Broberg, seduction; continued
to Thursday Dec. 21, in .SI,OOO bail.
i — .—
Board of I'ublic Works.
A resolution was adopted reciting that a
mistake had been made in the assessment
for opening Eighth street, to Wabashaw,
and requesting the council to authorize an
order to be drawn in on the city treasurer
in favor of A. Winter for $759. '
The clerk was directed -to give first no
tice of . assessment for ■ opening j an alley
from Dakota avenve to Prospect tarrace.
An adverse report to the council was
voted in the matter of opening and extend
ing Irvine street.
The nlerk was directed to advertise for
bids for ■ grading ■ Claghorn street from
Thomas street to Minnehaha street.
1 The matter of the reassesement for Mac
kubin street for Dayton and Irvine avenue
was postponed to Jan. 5,1883.
Michigan's Vote.
Detboit, Dec. 15.—The official canvass
of the last state election is now proceed
ing at Lansing. The vote for governor is
decided as follows: Begale, Democrat-
Greenback, 15-1,263; Jerome, Republican,
149,6'J0; Izendorif, Prohibition.s,Bs4. The
remainder of tho state . officers stand Re^
publican 157,000, fusion 149,000. :
Get Kich.
When Hops are $1.25 per pound, as now, an
acre will yield $ 1,000 profit, rani yet the beat
family Medicine on earth, Hop : Hitters, contain
the same quantity of Hops anil are gold at the
same price fixed years ago, although Hops now
are twenty times higher than then. Raiso Hops,
et rich in pocket; use Hop Bittors and get rich
id health.
THE COMMITTEE OX STREETS.
Tin Paving of Eighth, • Washington and
: Minnesota Streets Decided to be Un
necessary,
Last evening four members of the com
mittee on streets— Johnson, Van Slyke.
Dowlan and McCarthy—met in" the com
mittee room to consider the various mat
ters referred to them. The matter of pay-
I ing Eighth street was first taken up. Mr.
Slodgett, of the firm of:Blodgett & Os
good. appeared before the committee and
presented a paper signed by all the
property owners between Wabashaw
and Jacks*on streets, protesting in vig
orous terms against the proposed !
paving. Mr. Blodgett stated that the peo- '.
ple on Eighth street between the points
named had been assessed very heavily in
deed for the opening of that street
through to Wabashaw street, so heavily
that the assessment amounted to at least
one-quarter of the value of the property,
and now it is proposed to .make another
assessment as heavy as the former one,"
and all within the space of a few months.
He did not think the committee would
feel like recommending such a bur
densome tax, which, under the circum
stances, looked unreasonable. It will be
recollected that the board of public works
reported the matter back to the council at
its last meeting, with the report that the
proposed improvement was not necessary i
or proper. The committee, without much j
trouble, decided to concur in -the opinion i
expressed by the board b'i public wcrks,
and to this elect the committee will report
to the council.
In regard to paving Washington street
the committee decided the same way.
The board of public works reported
that it was not necessary or proper to
pave Minnesota street, as is proposed
from Third to Ninth, and the committee
agreed with the board, and will so report
unless the people along the street desire
to have it paved. If they do, and ask for
it they can have it.
The pavizsg of Fourth street was laid
over as Alderman O'Connor was too ill to
attend the mooting of the committee, and
the other mombers did not like to act
without him.
The matter of refunding money for re
pairing the St. Peter street sewer between
Fourth and Fifth streets, was referred to
the engineer.
The application of the St. Paul & Mani
toba road to have the bridge over West
minster street accepted, was referred back
to the committee to examine.
The bids for furnishing the city with
lumber were canvassed, and it was decided
to recommend the acceptance of the bid
of J. P. Gri!»en, which was the lowest, the
, total .-urn being $6,476.
Some other matters were considered but
the above is the substance of the business
transacted.
The Telegraphers.
The second annual reception of the
Brotherhood of Telegraphers was held las>t
evening at Sherman hall. The occasion
was quitaa brilliant one, as well as pleas
ant. The hall was very handsomely deco
rated with pendent banners, on streamers
festooned from the center gas lights, to the
sides of the hall. Around the colnmn* that
support the gallery was wreathed red and
white bunting. The entrance to the supper
room was also handsomely festooned. On
the wall back of the stage was the word
"Welcome," the letters being formed of
evergreen. Underneath this word
were the figures '"73." which constitute a
term to signify "couajilirnents." The at
tendance was quite large and much of the
time was spent in dancing. A large sec
tion of Seibert's band furnished the music
for the occasion. Over 200 messages of
congratulation were received. About 12
o'clock the guests sat down to a bountiful
supper, after which dancing was resumed
and kept up through a long programme.
G. A. it. Matters.
The fol'ow n? are the officers elect of
Acker Post, G. A. R. for the enduing term:
Co!. W. H. Taylor, commander; Capt. Ed.
Simonton, senior vice commander; D. I.
Kiugsbury, junior vice commander; Dr.
Chas. Griswold, surgeon; John Way, qua-
termaster; W. J. Sleppy", adjutant; A. P.
Irvine, chaplain: R. V. Pratt, officer of the i
day; Peter Jerome, oScer of the day. i
Representatives to the Grand Encamp
ment: J. J. McCarJy. R. V. Pratt and
C.-ipt. E. Simon ton. The Grand Encamp
ment is made up of all the. posts in the
statt;, and is to be held in St. Paul early in
January. During one evening of the en
tertainment the visiting members will be
entertained by tha local posts, the details
of which have not yet been fully decided
upon, but it will probably be a camp v fire
followed by a ball.
ITot Thick Heads.
Heavy stomachs, bilious conditions, "Wells'
May Apple Pills" anti-bilious, cathartic.
10 and 25c.
Xew liurk Produce Market.
New Yobs, Dec. 15.—Flour firm;
receipts 10,000 barrels; exports 5,420; enpernne
state and western 8.25@3.75; common to good
extra 5.25@4.4d; good to choice 4.50@4.75;
whita wheat extra 6.25®7.50; extra Ohio
3.80@6.75; St. Lonis a.BC{£7.oo; Minnesota
patent proc««» fi.75@7.5». Wheat, 143<c
lower; receipts 665,000 bu-hel«; exports 6,600;
No. 2 spring 36c; ungraded red 82&1.14%; No;
8 do 1.05&; steamer No. 2 red 1.05©;.
No. 2 red 1.08%@M05£; No. 1 rod I.lS#@
1.14; ungraded white 9lc@sl.l3^; No. 1 do
I.08@1.09#; No. 2 red December 1.08&@1.09)£,
closing at I.OSJ^; January i .09?£@l.lU^, clos
ing at 1.09]*.'; Februanr 1.11%@1.12>£, cloe
iog at 1.11%;. March l"l8%@l.l4>£; closing
nt 1.13%; May 1.15@!.15^, closing at 1.15.
Cora y^H%a lower; receipts 71,550 bushels;
exportss9,ooo; ungraded mixed sS@72c: No.
8 57?'@.58}pc; No. 2 69><@"0n elevator:
funnier n?iz«*l 65@66c; No. 2 January 65J<<£§
6S!£c, closing tit 65% c; February 64X((:£
65J£e, cluing at 04?£c; May 6S@63^c, clos- ;
ing at Oatfi X@%c better; fairly active;
receipts 11.000 bushels; exports 28,000; mixed
western 42fl!48o; white -western 43®58c.
Coffoe qnict but. unchanged; Rio cargoes quoted
at 6%@9c. Bngar active and firm; fair to
good refining quoted at 6(6f6J£c. Molasses dull
and nominal; 50 test; BC@33c; New Orleans 4i">@
62c. Uice iii good demand; domestic s@7c.
Petrolenm dull; wanted; united not reported;
erode 7%@7Xc; refined 7>^@7%c. Tallow
dull; prime city 7%@t»e. Rosin dull; 1.65@1.75.
Turpentine firm; 51;£c. Eggs, demand fair
and market firm: 30c. Pork dull and drooping;
new me5518.75@19.00. Beef in good demand.
Cut meats quiet and steady; long clear mid
dles 10.00. . Lard lower: primp steam ll.iO.
Bitter quiet but firm; 16(g4Sc. Cheese quiet but
steady; -western flat 6(S'l2j<c.
M. WALTER. OTTO DUEILEB
WALTEE & DEEHEE.,
No. 127 East Seventh, near Robert street, manufacturers of and
Dealers in Pine and General
UPHOLSTERED FURNITURE
For Parlor, Library, Dining Room, Bed Room or Office Use. Up
holstery Goods and Materials of Every Description. Mattresses
New, Repicked and Reflnished. Artistic Upholstery a Pea tare
All upholstered goods promptly repaired, called for and de
livered in any part of the city. Rail-car upholstery a «pecialtv
Original designs and estimates furnished. Student/ smoking an-**
easy chairs of all the latest designs, suitable for holiday, wedd»i»
or birntday presents, constantly on hand and made to order Also
Ottomans, Foot-Rests, Pcot-Stools, deception Chairs, etc., etc *
2^-We do not claim to bo the ONLY Upholsterers in the eitv
nor do we desire to hoodwink the public by absurd or fa^e state!
i inents, but we DO claim that our large and regular force of skilled
and artistic craftsmen enables U3 to promptly turn out as eoorf
or elegant a piece of work aa'can be done by the best here or else
where, including New York City. We guarantee FIRST rT a*« 3
WORKMANSHIP* and PAIR DEALING in ALLcasesf and odPthS
fair and honeat bssis we respectfully solicit a share of the general
patronage. b U"B4
FITZ JOnx PORTER,
A Manly Letter from Gen. Terry, in irhlch
He Announces His Cfnttif/p of Ojtinio**-..
Fobx Spelling, Minn., Nov. 19, 188-2.
Dear Genebal: Will you permit me to*
express to you the very great gratification
with which I have read your article in the
.North American Reveiic'i Dealing, as it
does, with only the great essential points
of Porter's case," and brushing aside as
unworthy of serious notice all the petty
sophistries with which his opponents have
sought to confuse the public mind.it seems
tome that it most carry conviction to ev
ery fair, unprejudiced man.
The questions involved in Porter's case
are, of course, partly legal and partly
military. Long ago the best legal authori
ty of the country—such men as B. R.
Curtis, Charles O'Coi%>r, and Daniel Lord
—declared that the rules of lav/ were vio
lated by the conviction of Porter, even as
the case stood before the court martial:;,
and now that the highest military authori
ty of the nation has pronounced in hie;
favor upon the military questions, what is.
there left for the government arid the peo
ple to do except to hasten • to make such
reparation as may yet be possible for the
wrong which has been done ?
As perhaps you know, I once. like your
self, believed Porter to be guilty. I be
lieved that he had committed a crime so
great that mere human law couid provide
no adequate punishment for it. But when
it became my duty to examine into the
case ca:efully, I found that I had grossly
erred. I found that instead of being a
criminal he was a martyr.
So believing, it is a source of very great
satisfaction to me that I have borne some
small part in his vindication.
Looking back over the years which have
elapsed since I entered the military ser
vice, I rind nothing that gives me so much
pleasure as the fact that I have had some
part in that vindication, and I can think
of nothing in the future which would be
so grateful to me as to be able to do some
thing more in behalf of one who has suf
fered so grievously and so unjustly. While
I feel thus, you may imagine the gratifi
cation with which I find that the opinion
which I now ent9rt tin, that what I believe
to ha the cause of truth, of right and of
justice, is so strongly supported by your
self; and you wiii pardon me, I am sure,
for expressing to you my feelings. Very
sincerely and respectfully,
AZ.72ED 11. T3SKZ.
Gen. U. S. Grant, New York.
AUCTION SALE 3.
SPECIAL AUCTION SALE.
OF
Elegant Selected
ISTew and Antique,
TURKISH, PERSIAN, INDIA
RUGS AND CARPETS, POR
TIERES, EMBROIDERIES..
ETC., ETC.,
Suitable for
HOLIDAY A! WEDDING
Presents.
These magnificent goods will be
on free exhibition from Wednes
day, December 13,-till Saturday..
December 16, 1832, in rooms 6 to
10, up-stairs, first flight, in
HAITSHEIHEB BLOCK,
and to be sold at auction Monday
Tuesday and Wednesday, De
cember 18, 19 and 20, ISS2, com
mencing at 2:30 p. m. each day,
by
A. 1 life Auctioneer,
_^J^MniriTSlreet.
Gc-rrectioa or Assessment for Oraling;
Hintl Street.
Office of the Board of Public Works, >
City of St. Paul, Minn., Dec. 15th, 1882. \
To Horace E. Thompson, and all persons
interested:
The Board of Pablic Works in and for the
corporation of the city of St. Paul, Minn., will
meet at their office in said city, at 2 p. m., un
the 2'2d day of December, A. D. 1882, to make
a correction in the assessment for grading Ninth
(9th) street, from Jackson street to Broadway,
in said city, as to the strip of land between
Broadway and lot 1, block 12, Iloyt's Addition
to St. Paul, '460 as to conform to the facts and
rights of the case as intended."
All persons interested are hereby notified to.
be present at said time and placo of making said
correction, and will be heard.
JOHN FARRINGTON, President.
Official: R. L. Gorman,
Clerk Board of Public Works. 350
CTATE OF A—COUNTY OF RAMSEY
*J —63. In Probate Court, Special Term, Decem
ber 15,1882.
In the mutter of the estate of Telfair Marriott, de
ceased.
Whereas, An instrument in writing, purporting
to be an authenticated copy of the last will and tea
tamontof Telfair Marriott, deceased, and of the
probate thereof, in the city of Baltimore. Slate
of Maryland, has been delivered to this conrt:
And -whereas, William Hidden Marriott, by
Alfred H. Hall, his attorney, has filed therewith
his petition, representing among other tilings that.
Mid Telfair Marriott died in said city of Balti
more. State of Maryland, testate, and that mid
petitioner is the sole executor named ia paid last
will and te^tampnt, and prayinp that the paid Instru
ment may be admitted to probate, and that letters
of administration with the will annexed, be to
Samuel Morrison issued thereon;
It is ordered, That the proofs of caM instrument,
and the said petition, bo heard before this court, at
tho probate office in said county, on Monday, the
Bth day of January, A. D. 1883. at tea o'clock la
the forenoon, when all concerned may appear and
contest the probate of said instrument;
And it is further ordered, That public notice of
the time and place of said hearing be given t# ail
persons Interested, by publication of these orderc
for three weeks successively previous to said day of
hearing, in the Daily Globe, a newspaper printed
and published at St. Paul, in said county,
i By the Court, v HENRY (XGOBMAN. .
[i- s.] :" Judge of Probate. i
M'<fl: Fbakjt SosjtrT. Jb.. C uk. dec ]<!--•«»-t at
