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4 Dailp © OxlobE Official Paper of the City and County PRINTED AND PUBLISHED. BY THE ST. PAUL GLOBE PRINTING COMPANY No. 321 Wabashaw Street, St. Paul. ST. PAUL, THURSDAY, MARCH 20. JWTERMSIniEfiIOBR SEVEN ISSUES PER WEEK—BY CARRIER One Year, payable in advance $8 00 Six Months, payable in advance 4 25 Three Months 2 25 Per Month 75 SIX ISSUES PER WEEK-^BY MAIL. POST AGE PAID. One Year $6 00 Six Months 3 50 Three Months 2 00 One Month 70 All mail subscriptions payable invariably in advance. Seven issues per week by mail at same rates as by carrier. SUNDAY GLOBE. By Carrier —per year S2 00 By Mail—per year, postage paid 1 50 WEEKLY GLOBE- By Mail—postage paid, per year Sl I 5 WASHINGTON ItUREAU. Tbe Washington News Bureau of the St. Paul GLOBE is located at 1,424 New York avenue. Residents of the northwest viiiillng Washington and having matters of local iniere»t to give the public will reccivo prompt and courteous atten tion by calling at or addressing the above num ber. All letters so addressed to give the name ami Washington address of the sender, to ensure attention. The Gi.obk can be found on sale at the follow ing news stands in Washington: NATIONAL HOTEL, METROPOLITAN HOTEL, ARLINGTON HOTEL, HOUSE OP REPRESENTATIVES. DAILY WEATHKK BULLETIN. Office Chief Signal Officer. ) Washington, D. C, March 19, 3:50 p. m. f Observations taken at the same moment of time at all stations named. VIPER MISSISSIPPI VALLEY. Bar. Ther. Wind. Weather. St. Paul 30.10 37 SW Cloudy La Crosse 30.04 38 N\V Cloudy NORTHWEST. Bar. Ther. Wind. Weather. wwmarck 30.19 22 E Cloudy Ft. Carry ..80.20 10 NW Cle^r Minnedosa 30.19 22 NW Clear Moorhead 30.17 20 N Cloudy Quapelle 30.11 29 Calm Clear St. Vincent 30.20 14 Calm Clear NORTHERN* KOCKY MOUNTAIN SLOrE. Bar. Ther. Wind. Weather. Ft. Assinaboin.Bo.l2 30 SW Cloudy Ft. I!nford 30.17 29 E Clear Helena, M. T...30.07 38 SW Cloudy Huron, D. T....30.17 30 NE Cloudy Medicine Hat...29.99 28 S Clear , UPPER LAKES. Bar. Ther. Wind. Weather. Duluth 30.15 32 NE Clear ' DAILY LOCAL HEANS. Bar. Ther. Dew Point. Wind. Weather. 30.000 37.4 21.7 W Cl'dyrands 1 Amount of rainfall or melted snow, .35, max imum thermometer, 42.5; minimum thermom- ■ eter, 35.0; daily range, 7.5. River, frozen. Note —Barometer corrected for temperature ' and elevation. j P. F. Lyons, Sergeant, Signal Corps, U. 3. A. TO-DAY'B WEATHEK. Washington, March 20, 1 a. m.—lndications for upper Mississippi, clearing followed by fair weather, northerly winds shifting easterly, slight rise in temperature, followed by falling barometer. Missouri, fair weather, followed Friday morning by local rains, northeast winds, becoming variable, slight rise in temperature. ' falling barometer. YESTERDAY'S MARKETS. The grain and produce market here was qniet and prices unchanged. Wheat at all points was irregular,fluctuating and without strength. Mil- ' waukee closing ?£c lower, and Chicago *i@.V 2 ' lower than on Tuesday, Corn also lost strength i both at New York and Chicago, closing 1 at the latter market %.®V*z lower. ] Oats declined and pork went j down 12@15c. The market was under control of the bears. Money was easy on Wall Street at IJ4 per cent. Governments were strong, ex cept 3 per cents. Railroads were active through- ' out the list, and generally higher. Stocks opened ! strong and fluctuated slightly, but no excite- < ment prevailed. At the close the majority of 1 active shares were }■'&©.% per cent, higher, in cluding St. Paul, Northern Pacific and Manitoba. 1 A few shares were \*%V* lower, among them being Oregon Transcontinental and Western - Union. Mining stock opened steady and re- ' mained flrm till midday, but during the afternoon i it was greatly neglected. • Denver does not want any small bills, and petitions Congress to retire all paper cv*- < rency less than $5.00. 1 Tiie Senate was yesterday considering the bill to appropriate 115,000,000, in aid of com- , mon schools. Senator Blair advocates the bill. ' The German Reichstag acknowledges with 1 thanks, resolutions of condolence on the < death of Herr Lasker, forwarded by the Cin cinnati gymnastic society. The resolutions < did not embody a stump speech, and so were i acceptable. Matok O'Brien could ask no higher praise than the abuse of the Dispatch under any cir cumstances, but to have the vomit of its venom because he would not follow the lead of the indecent and dishonest county auditor, is an extra testimonial. Mtlo White, and Washburn, Bill, don't - understand each other. Milo says there is a ' 6trong Arthur sentiment in Minnesota, while ' Washburn says there is none. The one un derstands and mingles with the people, the ■ other entertains the Vanderbiltian view of < the people, and speaks only from his own 1 prejudices 1 sssHssssssssbss Tins farmers of Minnesota, who are de liberating in convention at St. Paul, relative ] to their grievances, approach the vital plan j for relief with great caution and rcluc- { tance. They are very largely afraid to cut loose from the political organization to which they are wedded and 1 apparently prefer to be scourged and robbed 1 for the sake of "the "grand old party." If Qthe] farmers of northern Minnesota had j accepted the Issue made in 1878 ' they would have been happy, independent and prosperous to-day, in- ' stead of having to be meeting to organize for relief. The so-called "brass kettle" campaign ' afforded the key for agricultural independ '• ence. If it had been properly adopted, it would have learned the politicians that 1 the farmers were to be courted ] rather than snubbed. Success at that time • ivnuld have been of more practical value ] Mian all the conventions of late years. When ] i :•■ farmers are ready to trample their politi- ■ .;! t'cs beneath their feet and strike out for ' ni vlves, they will command and receive ! t.ieir rights, ' WO MOItE FREE SALVATION. , A new wrinkle on the horn ecclesiastical ] is making its appearance in the city of New 1 fork. The fashionable and aesthetic churches 1 are not to be disturbed and soiled by the 1 ■ ■ .riiUc. Where there are popular preachers < ■i ml operatic choirs, tickets of admission are : >be sold, as- to places of ordinary amuse- \ ment. The old fogy nonsense of "salvation j is to be discarded, and only those who . 1 :ible to buy high priced rose-scented - tickets can be permitted to while away a 1 ilttisanthour in listening to choral operatic 1 performances and pulpit "sound andfury 1 signifying nothing." 1 Tin- depth of piety in these refined and ex- 1 elusive places set apart for worship, will, iroba.lz. be Ycr_f conspicuous, though Hi: must be confessed it will be following the meek and lowly Nazarene afar off. Why not open Sunday theatres at once as in the French capital, and seek amusement and en tertainment in them, on purchased tickets, rather than seek such objects in the thin guise of an assumed church service. A MAJORITY Ob* A QUORUM CAN ACT. The fine point raised that four affirmative votes are required to pas 6 a motion in the board of county commissioners,would, if en forced, invalidate two thirds of all the busness ever transacted by that body. It is parliamentary and legal usage in all bodies that the majority of a quorum is sufficient to carry a motion or resolution. It is not likely that any attorney can be found, whose legal opinion is worth considering, who will say that any other con struction of the statute is admissible. Apropos to this matter we have received, entirely unsolicited, the following communi cation from Hon. John B. Brisbin: To the Editor of the Globe: Sec. 93 of the act regulating the proceed ings of the county commissioners reads: "A majority of the board of commissioners shall be a quorum, bat no business shall be done unless voted for by a majority of the whole board." The meaning and intention of this section are transparent. A quorum shall be a ma jority of the board, but no business can be taketi up except when voted for by a majority of the whole board. A majority of a quorum can organize and adjourn but cannot proceed to buibuu without at least a quorum vote. If business is proceeded with by such vote or by tacit consent, which amounts to the same thing a measure acted upon is carried by a majority of the quorum. The object of the provision was to prevent the lapse oi meetings and to give power to the minority of a quorum to prevent action as the public interests might iv instances seem to require. My recollec tion is that I drew the bill for an act of which this is a part. J. B. Brisbix. MULTIPLYING COUNSEL. The present condition of things does not find the Republican party in a happy state of mind. As was said of old, there are wars and rumors of wars, as it were, and thought ful men are notwilling to wear the machine collar for the benefit of those persons who make a business of politics. The New York Indcfjendent, a religious journal, Republican in preference and sentiment, speaks pun gently of its party as follows: "The Presi dential "boom-makers" in the Republican party this year are having an exceedingly hard time of it. Several 'booms' have been started for different candidates, but some how they are no sooner fairly under way than they begin to show signs of a collapse. The simple truth is that the general political tem per of the Republican party in this country is not now of the type that favors the creation of 'booms' in behalf of anybody. The worst thing that +** i happen to any would-be Re publican cnnv.tte for the presidency would be to have it generally understood that a set of political wire-pullers have taken him into their special charge, and have undertaken to "fix" things so as to secure his nomination. This would be almost certain to defeat his nomination; and if nominated in tliis way he would stand a very poor chance of being elected. The day of the Conklings, the Cam crons, and the men of their stripe, has passed away, as we hope, never to return." The same paper continues speaking freely, and particularly of the "bosses," and ven tures to advise Republicans how to conduct their forthcoming convention at Chicago, if they would hope for success, and ringing ly concludes, "Let us have no blunders in respect to men or methods." Unless there ire amazing "blunders" in the Democratic convention, the Republican convention will not produce the fruit of success thia year. WnATIS VISIONARY? Gen. Ihrie has a plan for an all-rail route from the United States to Europe. For his pains he is denounced as visionary, Indeed, the most visionary of the visionaries. Per haps he is. But what is it to be visionary? Look over the developments of the last half century, and answer. How has the world been revolutionized, in that space of time, in modes of business, trade, commerce, .ravel, warfare, water-navigation, living, manufactures, machinery, social life, indeed n all things pertaining to the world's affairs md activities. Was not Fulton a shallow visionary, when ie proposed to navigate the Hudson river by iteain. How many a wise old codger of that lay wagged his incredulous head, and de nounced Fulton as a visionary fool? Morse'was__an irreversible visionary shal ow-pate when he proposed the electric tele graph, and had towage a hard, long and persistent warfare to induce congress to jranthim an appropriation to establish an jxperimental line between Baltimore and Washington. And still later, theAtlanticcableproject was lenounced as the wildest scheme of vision iry empirics. To go further back: the con struction of the Erie canal was hooted at as a vild scheme of gigantic impossibilities, and 'Clinton's big ditch" was mercilessly ridi culed. Again, the project of locomotive travel by •ailroad cars was received with incredulous contempt. Again, the invention of the telephone was exhibited in public halls, and was looked upon is a curious, but inutile toy, designed to imuse for the hour an indoor audience But now the pretty toy Is traversing realms md doing its wonderful work. Again, the discovery and refining of kero sene oil and the manufacture of gas have -evolutionized the lighting of houses and cit es, giving the whole a new lease of life, and caused whole ships to rot at their docks. \gain,the electrical light, still in its infancy, s dazzling the vision of an almost bewil lered world. Machinists and machinery have revolu tionized the modes and styles of all kinds )f manufactured products and have fully in ,;dedthe agricultural field, and are adding marvellonB facility for cultivating and har vesting the products of the earth. The young denizen of fifty years ago can tiardly realize that the world he then lived in, is the world that now surrounds him with ill its changed modes of life, and business activity. In view of what has been accomplished, hills leveled, mountains tuneled, and the thousand and one surprises settled into real ities, it is hardly safe to antagonise any sug gestion, however wild and visionary it may appear. The Suez canal was one of the wonders af the day. The conversin of the Desert of Sahara into an inland sea may yet be an ac complished fact, and the Panama canal may stretch its finished work form sea to sea. Should a bold engineer come forward and propose to bridge the Alan tic, it would be tiardly safe to confront him and denounce him as a visionary schemer. But an engineer tias come forward, and porposed an all rail route from continent to continent in spite jf the Atlantic ocean. Is it quite safe in .lew of a half century's wonders to say that my project, however gigantic is incapable 3f accomplishment? The Union Pacific railroad has opened up m empire in one direction, the Northern Pacific railroad has opened up an empire in mother direction, and who now will be so boldly incredulous as to say that the conti nents cannot be spanned by a railroad line Df communication? Gen. George P. Ihrie, is now in Washing ton, trying to get up a company for con necting the Northern Pacific railroad with Alaska, and is mercilessly ridiculed as a pislonary of the visionaries. His scheme may be impracticable. So were thought to be the Clinton canal scheme, Fulton's steamboat scheme, Morse's telegraph scheme, md others, but they have turned out to be Dtherwise, and 60 may Gen. George P. Dirie's. But wh~ In Gen. Ihrie, and what does be .ropose. fie is now a minim: eneinccr in THE ST. PAUL DAILY GLOBE. THUKSDAY 'MORNING. MAECH 20*1884. Boston, and was formerly an officer in the United States army. In regard to his Alaskan railroad project he says that the mining regions and the fur trade of the region to be opened up by this proposed line will fully warrant its construc tion. He also believes that a system of snow sheds can be devised by which the tracks can be protected from the heavy snowfalls of the severe winter, But Gen. Ihrie would not have his line stop at Alaska. He says that the Russians are already begin in gto cross Siberia with railroads. "It is only a question of time when St. Petersburg will be connected by rail with the coast at Behrfng's Strait. China will in time have a railroad line along the eastern coast line." Gen Ihrie would have huge ferry-boats con nect at_the northwest point of Behring's Strait with the two railroad lines if the water was open. Huge sleds could be used in the winter. When all this is brought about pas sengers can take a Pullman through car for Europe for at least six months In the year. Gen. Ihrie believes the European traffic would be very heavy. Many people do not go to Europe because of their fear of the dangers of the sea. The greater time re quired for an all-rail journey to Europe would be compensated by the variety of country seen and the greater safely insured. All rail to China would be possible under this system. Gen. Ihrie believes tbat "this railway project is one of the certain things to occur in the next twenty-five years at any rate." CURRENT COMMENT. Old men for counsel, seerfis to apply to the membership of the present Congress with notable force. In both houses there are at least thirty members who were born previpns to 1820, and nearly all of them are the most industrious and useful men connected with the government at Washington. Gen. Rosecrans is 65, Senator Laphum 70, ex-Senator Eaton 68, Representative Wait of Connecticut 72, Senator Saulsbury of Delaware 67, Representative Shaw of Illinois 73, Senator Dawes 68, Senator Gonger 66, Represent ative Eldredge of Michigan 71, the veteran Kelley 70, Representative Robinson of New York 69, ex- Governor Curtin 65, Senator Anthony 69, Senator Hampton 06, Judge Poland 66, Senator Sawyer 68. Gen. Singleton of Mississippi 69, and Repre sentative Smith of Pennsylvania 69. When Senator-elect Payne, of Ohio, takes his seat next March he will not be the oldest Senator. Senator Morrell, of Vermont, was born In April, 1810, and Mr. Payne in the month of November, the same year. Egypt, Venango Co., Pennsylvania, has a phenomenal case of periodically suspended ani mation. The subject is an eight-year-old boy, who has lived and died every day during the last month. From sunset to sunrise he enjoys good health, and romps around like all children of his age, but at dusk he becomes entirely unconscious and remains so until morning. Physicians are sorely puzzled by the case. One said: "I pricked him with a pin, and applied a galvanic battery to his most sensitive parts, but without creating the least Impression. I forcibly raised one of his arms und it remained in an upright position. The members were like wax, and were covered with indentions which I made with my fingers." The child had just recovered from whooping cough when this strange affliction came upon him. It is proposed to take him to New York, where he will be examined by the most eminent physicians in the country. A gentleman now paying a visit at Washing ton, says he was in Cleveland last week and It so happened that he rode down'Euclld avenue with Col. Oliver Payne, son of Hon. Henry B. Payne, the next Senator from Ohio. About three quarters of a mile from that part of Superior street where Payne has his office, they passed an erect white-haired old gentleman pacing along the sidewalk in a severe snow storm, with his spectacles down on the end of his nose, his head up, and his legs making lively strides. It was the Senator elect walking to his office, as is his custom every day in the week, rain or shine. "Don't talk to me any more about your father being too old for the Presidency," said the gen tleman to the younger Payne; "I don't believe he is more than fifty. See how he walks?" At the meeting of the Round Table clnb at Boston last week, a paper was read by Professor Raphael Pumpelly, of Newport, upon the popula tion of the Great Northwest. Among those present were Martin Brimmer, Justin Winsor, and Professor Laflin, of Harvard college, Mrs. Louise Chandler Moulton, Dr. James Reed Chad wick, and Mrs. Whitman, the artists. Col. T- W. Higginson is the President of the club. The reading of the paper was closely listened to and discussed by -Gen. Francis A. Walker and Prof. Wm. T. Harris. The "foot and mouth disease," is Just now at tracting a large snare of public attention. It has, at last got into Congress—indeed the "mouth disease" has affected that body for a great many years, and no adequate remedy has been found as yet, though often "sought for with tears." The "foot disease" (tanglefoot) has been known to pervade, off and on, the cloak rooms and Con gressional restaurant tea-parties, but may be eradicated, perhaps, when that other "foot dis ease" is abolished. The "Ellen M. Gifford sheltering home for animals," has been founded by a wealthy widow lady of Boston, who is an invalid and rarely leaves her room. Mrs. Gifford has given her portrait 'and $20,000 cash, to the home, which is located in a suburb in Boston and is to afford care for disabled, abandoned and diseased animals. The building is nearly ready for use. Washington territory is knocking loudly at the door of the Senate for admission as a state. The only question in the case is the opinion of the Senate as to the political character of the Senators the new state would elect. If Repub lican, admission is probable. If Democratic it can stay out indefinitely. A Habit to Be Becommended. The Dispatch is not in the habit of cutting off its own nose to spite its owu countenance. — Castle's Last Night Dip. It would improve his countenance if he would adopt the "habit" at once. Besides, there would be no danger of a quarrel among the scavenger companies for the privilege of removing the sundered part. The "Odor less" organization could not sustain its name on such a job. New Prospects for the National Guard Fifty of the old Springfield breech loading j fifty calibre muskets in use by the Minne sota National Guard are to be called in and placed in the St. Paul arsenal in reserve, while 180 stand of the latest forty-five calibre Buckhorn rifies with Wingate sights are to be distributed to the Guard in their place. The new rifle carries a smaller ball, and carries it a longer distance, while its attach ments for true aim are quite perfect aud of the latest invention. City Briefs. Tlie lady friends of Company E would like to meet the fair committee at 3 p.m., to morrow, at the armory. The Norwegian Social society gave their monthly sociable gathering and dance in Lauer's hall, Wabashaw street, lsst evening. The compariy present were of the select of Scandinavia's accepted people in our midst, and we can only say that it was in Jlni Jinitis. BBIEF TELEGRAMS. A fire in a feather merchants warehouse in Paris resulted in severe injury to five girls. O'Kelly, the correspondent of the London Daily flews, is with El Mahdi, and was well received In the Zora Burns murder trial, the cvi dence is all in, and the arguments are pro gressing. General Graham wishes that there will either be an advance or a withdrawal from the country. The French are making arrangements not only to admit salted pork, but also fresh meats at an early date. The Gordon Highlanders aud the cavalry are suffering from the heat and the brackish water at Handout. The Redmond brothers, who were so suc cessful in Australia in organizing leagues, attribute their success to the aid they received from the bishops and priests. Sir Charles Dilke says that the opposition in parliament have been trying to force a dis solution in order to save the peers from the •.".Uuiu cf reicctina th. reform bill. THE STREET RAILROAD. It is Simply Tolerated, and Has no Real Corporate Existence or Right to the Streets. To the Editor of the Globe: The St. Paul Street Railw ay company ap pears before the common council, asking further indulgences and broader privileges. The action of this body heretofore, in con nection with this quasi (this word is used "with industry,") corporation has been so diligent ly liberal, and its present management is so popular, that I am constrained as one of many sufferers to insist that justice to the public requires that it should be held to the strict conditions of the " bond." In the first place the so-called corporation is not a corporation, and is only upon the streets with its rails and equipments by toler ation. I have given the subject thoughtful examination as a lawyer, and will give my reasons for the conclusion stated as briefly as the facts will permit. The constitution of the state became prac tically operative in 1858. Section two, arti cle ten, reads: "No corporations shall be formed under special acts, except for muni cipal purposes." This section received an authoritative in terpretation in the appeal of Oakes Ames and another executor vs. Tbe Lake Superior and Mississippi Railroad company, reported 21 Minn., p 241. The court, upon the first hear ing, decided that the act under which the corporation claimed its rights was unconstitu tional. The interests involved being of great mag nitude the court upon its own motion suggest ed a re-argument, and thereafter upheld the integrity of the corporation by declaring the act constitutional. It would be both inu tile and beyond these limits to review that decision. It is vitima ratio, and it suffices me to say that a careful reading of the able and ingenious opinion of Chief Justice Gilfillan demonstrates that the result was largely con tributed to by the immense public and pecu niary effect of a different decision. Such considerations do often and most properly affect the decision of cases otherwise almost equillbriant. This case, however, I would not recalcitrate, if I could, because in its en tire scope of reasoning it sustains the view I am here offering. I make the following extract from Judge Gilfillan's opinion, not because it contains news to lawyers, but may be good reading for such of the laic public as incline to favor the omnipotence of legislatures. "That a legislature might misapprehend the legal effect of the act passed by it, just as it might mis take as to the limits of its constitutional power, is possible. It might without intending to create a new corporation, attempt such radical and es sential changes in the constitution of an old one as to amount to the creation of a new one ; and if such must be the necessary result of such changes, the act must be just as clearly within the constitutional prohibition as though the legislature actually intended the result, and fully understood that such would be the effect of the act." Let us now examine the facts connected with this putative corporation. In 1553 the legislature of the territory of Minnesota passed an act entitled "An act to incorporate the Saint Paul and Saint Anthony Railroad company" (laws of 1853, passed March 2, 1858). This act provides that James W. Davis, Eli Kinney, Luke, P. N. Smith, George Johnson, John Rollins, James Wells, C. Carli, Emanuel Case, Wm. P. Murray, Wil liam L. Lamed, R. P. Russell, R. M. Spencer, Alrfed E. Ames, Ami Edmund and such others as may become stockholders with successors, etc., become a corporation with the usual corporate powers. Sec. 2. That said corporation is hereby vested with the right and authority to construct a rail road commencing in or near the town of St Paul, in the county of Ramsey, and thence by such route as the dirctors may select, to or near the town»of St. Anthony, County of Ramsey, as the directors may hereafter determine. Sec. 3 limits, the amount and the distri bution of stock. Sec. 4 provides for stock subscriptions, election of directors, officers, etc. Sec. 5 regulates the manner of subscrip tions to stocks, etc. Section 6 reads: ■ Sec. 6. That if said company shall not organ ize within one year from the date of the passage of this act, and have the road completed within three years from the organizatioa of said compa ny, then this act shall be void. I have conversed with Wm. P. Muriay, Edmund Rice and C. Carli, who each in formed me that they have no memory of any organization under this act. fl'importe, it is notorious that nothing practical was ever done by this corporation. Sec. 7 gives the directors power to deter mine the kind of railroad equipments, etc., etc., and authorizes a double track. Sec. 8, relates to condemnation of lauds. Sec. 9 authorizes the corporation if neces sary to connect with or use any other road, street or bridge made by any other company or persons incorporated or authorized by the law of the territory and it is authorized to contract with such corporations or companies for such use or connection, or for a transfer to it of the corporate or other rights or privil eges of such other entities. The remainder of the act relates to details which arc of no importance here. March 4th, 1808, more than ten years after the act of 1853 had lapsed by non use, and by its terms and ten years after the constitutional prohibition, an act was passed entitled "An act to revive and continue an act, and the corporation created by said act, eutitled, "An act to incorporate the St. Paul tfc St. Anthony Railroad company," approved March 2d, one thousand eight hundred and fifty three, and to amend said act." The preamble states in substance that the act of 1853, entitled, as above stated, "and the corporation thereby created be and the same are hereby revived and continued and said act is hereby amended so that the same shall read as fol lows:" Sec 1. George L. Beeker, W. H. Temple. La fayette Emmett, Eugene Underwood. John H. ttihnaii, DeWitt C. Jones, Charles 11. Lienau, P. F. McQuillan, Louis Roberts and Parker Paine, and their associate successors and assigns be, and they are hereby created a body corporate, the name and style of '-The St. Paul Street Rail way Company"' with the usual corporate pow ers. See. 2. The said corporation is hereby vested with the right, power and full authority to iay out, construct, operate, maintain, and use a railway, with all the necessary or convenient tracks, side tracks, turn outs, switches, and other appurtenances from the City of St. Paul in the County of Ramsey in the direction of St. Anthony to the western line of said county of Kamsey, in the direction of the city of St. An thony in the county of Ramsey." Here we have an entire new body of men, created a body corporate without a pre tence that they have succeeded to,the rights of the corporation created by the act of 1^5:!. with the right to construct a railroad over the same route excepting that the westerly terminus is limited to tlie "western line of Ramsey County" instead of "to or at the town of St. Anthony in Ramsey County." (It may be stated that St. Anthony was in Ramsey County in 1853.) These modifications of the act of 1853 with in the reasoning of Ch. J. Gilfillan in the ease of Aniesandothers before cited might not of themselves invalidate the Act, although we could show if space permitted that they ma terially support my interpretation and con struction of the net in gross. I dismiss sucli dicussion however, as possibly more intricate than the proprieties of a news paper article permit. Following the portion of the act of 1568 referred to, comes matter, which, to my mind, creates a fundamental and clearly insuperable objection to the vitality of this act, to wit: "And also with the full ria"ht, permission, power and authority to lay out, establish, con struct, maintain, use and operate a line of railway with single or double tracks, switches, side tracks, turn-outs and all other necessary or convenient fixtures and appur tenances, in, upon and along any and all of the streets and bridges within the present or future limits of said city of St. Paul, in the manner, for the periods and upon the terms and conditions of a certain ordinance of the 6aid city of St. Paul, entitled: "An ordinance to authorize the construction and operation of said carriage ways in the streets of St. Paul," passed by the common council of the city, 17th of December, 1867, approved by the mayor the 21st of the same month purporting to grant to the persons named in the act.their successors, etc., along the streets and bridges of the said city. The ordinance needs not quotation. It gives the I usual pcuerj, _fiuy^.the preeent so i .future limits of the city to lay down and maintain street railways. The rest of ths act relates to details which have no relevancy. February 29, 1872, there was another act passed entitled, "An act to revive, continue and amend," an act entitled, "And to re vive and continue an act, and the corpora tion created by said act, entitled'an act to incorporate the St. Paul and St. Anthony- Railroad company,' approved March 2, 1853, and to amend the said act, approved March 4, 1868." Section 1 provides in substance that the persons named in the act of 1868, and twen ty-seven other residents of St. Paul and Min neapolis, their successors, etc., "are hereby created a body corporate," perpetual "by the the name and style of the St. Paul Street Railway company." Section 2, adds to the terminal words in the act of 1868 the words "or Minneapolis," strikes out the words "An ordinance to authorize the construction and operation of rail carriage*ways in the city of St. Paul," passed Dec. 17, 1867, approved Dec. 21, 1867, and inserts in lieu thereof "An or dinance to authorize the construction and operation of horse railways in certain streets of St. Paul," adopted by the common coun cil Jan. -20, 1872, approved by the mayor Jan. 7 1872. Section 3 "revives and contiuues" the act of 1868 except as amended. I have given above all of the legislation upon which the street railway company founds its right to use our streets. It cannot admit of doubt that this so-called corporation has no existence as sueh —that it is an intruder and usurper. The single and very simple question is, did the act of 1853 create a corporation with the right to construct, maintain and operate a street railway in St. Paul ? If it did not, both the act of 1868 and the act of 1872 are void, because to re-quote the language of C. J. Gilfillan, they "attempt such radical and essential changes in the constitution of an old one (act) as to amount to the creation of a new one * * * and must be just as clearly within the constitu tional prohibition as though the legislature intended such result." I will not argue so axiomatic a proposition —it is a postulate. I present these views for public reading because the street railway is demanding ad ditional favors and because both state and municipal legislation upon the subject has been notoriously lax and detrimental to the comfort and even safety of the people. Double tracks are being laid down against the protest of the property owners: the, strict* on which its tracks are used are made almoßt impassable in winter by suow banked upon their sides, which the city removes in the spring at its own expense; the property own ers are taxed to sprinkle its tracks in the summer, and Fort street at least is for more than one-third of its area inflicted with the nuisance of its cobble stone pavement be tween the tracks which is so incapable and cheaply laid that it depresses the centre of the street and prevents the effluence of water to the gutters, making the street almost impassable at all periods of wetor in clement weather. The common council has abundant power to protect the public and there are no equities to prevent the exercise of this power. I had supposed that the subject lately brought before the council was put to bed by ordinance No. 224, passed Sept. 21, 1880, approved Sept. 23, 1880. This ordinance by its terms (Sec. 3, p. 170, proceedings of com mon council for the yearending January Ist, 1881) was to be and was a contract after its acceptance by the board of directors of the company, which acceptance was duly made. I will quote so much of the ordinance as here appertains: "And when any new improvement, paving, re pairing, planking or replanking, grading only ex cepted, is ordered by the common council on any of said streets upon which said ralway company have laid or hereafter may lay any track or tracks the said railway company shall in the saiime manner and with like ma terial as required of owners of property as to other parts of the street, make such new im provement on so much of the streets of the said city as may lie between the rails of each track and for a space of two feet outside of its track or tracks used aud occupied by their railways as aforesaid." The remainder of the ordinance declares that if the board of public works "deem it inexpedient" that the company make such new improvement the board may do it aud charge the cost to the company; or if the company neglect to make such improvement when ordered by the board, it may be done, and the expense collected from the com pany. Much of your space has been occupied by this letter, which has been condensed so far as consistent with a naked statement of facts. J. B. Brisbix. MOTHER BULL-Y DAY. 5. B. Calls at the Banks, the Post Office and Looks Into Things Generally. "He is not much of a financier," remarked Major McLaughlin yesterday, in referring to Mr. S. Bull, the whilom hair lifter, as the latter's gaze sized up a pile of glittering shekels in the Second National bank. It was the first time that Sitting Bull had been in one of Uncle Sam's banks, and he mani fested the utmost interest and curiosity at the big bundles of bank bills, and the shin ing heaps of gold. In the afternoon he was taken to the post office, where he was initiated into the mys teries of the mail service. Notwithstanding the insinuation made at the commence ment of this article, there are reasens for believing that his recumbent nobs has learned the Yankee trick of turning an hon est penny. Tliis weakness is manifest by the alacrity with which he signs hi 6 autograph at the rate of $1 per signature. Last night the party visited the Olympic theater, and the great American squatter was highly edified at the classic character of the performance. He was especially pleased at the performance of Miss Oakley, the crack shot, and the handy manner in which this amazon handled a rifle was the occasion of hearty applause from the wily brave, who may have beeu reminded that in his palmy days he was no slouch himself. Major McLaughlin, it is expected, will return to Standing Rock agency to-night. THE DRAMA AT THE HIGH SCHOOL. Entertainments by the Pupils on a Stage Fitted Up by Themselves. The pupils of the St. Paul High school have been very quietly but assiduously at work for a number of weeks in fitting up the stage in tLe high school hall with scenery, footlights, carpeting, etc., whereon to fittingly produce both farce aud comedy whenever their youth ful intellects aspire to dramatic heights. In pursuance of this commendable ambition, having purchased several pieces of scenery from the stock of the old Opera house, they have added to these a modern street and a parlor scene, the handiwork of Fred Powers, of their own number, while others have con tributed their skill in other departments of labor, until up to the date of yesterday after noon they began to feel like claiming that they had tbe best stage fitting in the city next to the new Grand. Their only unfinished stage attraction to be added to the ten scenes already set or hung iv the flics is the interior of a sleep ing car which is to be provided with veritable car seats, car lamps and to be a representa tion to the life Their stage has a depth of twenty-four feet with the same width of pro ceniuin. The cost of these fittings will be in addition to their own labor about *500, which they propose to raise by entertainments on Thursday and Friday evenings, March 27 and 28, with a matinee on the afternoon of Saturday, the 26, at which they will produce a comedy entitled "The Sleeping Car," written by W. D. Howell. This will be followed with Shakespeare's "Midsummer Night's Dream," at a fifty cent admission to every part of the house except behind the scenes. The orchestra, ten strong, will be composed also of high school pupils under the leadership of Prof. F. W. H. Priem. They deserve for their enter prise crowded houses at each and every per formance, and they will have them too, for shall we not all want to see with our own eyes, and hear with our own ears what our own boys and girls are capable of in the way of histronic attainment. Gov. Hoadly of Ohio is out in a card de fending the flood relief commissioners, and expressing his belief in their integrity and the wisdom of their distribution of the re lief. , A MODERN FA6IN. Weiwfaertner Convicted of Receiving Stolen Goods—Several Continu ances Until Next Term— The Jury List Ex hausted, Etc. A jury was impanelled at the opening of the criminal court yesterday morning for the trial of Lewis Weingaenner, for reeeivin«. stolen goods, to the value of $240, from Emil Kaesmiller,a lad between twelve and thirteen years of age, employed as a store and errand boy by his uncle, Fred J. Schultz, wholesale and retail millinery goods, East Third street. The offenses run for quite a period last sum mer, when Schultz discovered his losses, ob tained a confession from the boy, traced some of the goods where they had been sold, and, procuring a detective, searched the premises of the accused, after having him arrested, where he found the balance of the goods among some rubbish in an outhouse connected with the prisoner's hat-pressing shop and residence on Sixth street. Wein gaeter is a kind of a Swiss hermit, of nearly seventy years of age, and the transactions between him and the young thief reminds one of Dickens' character of old Fagin the Jew and the adventures of Oliver Twist. The state was represented by Messrs. Egan and Cothcart and the defence by Messrs. F. J. Shultz who went over the stolen goods before the jury and recognized his trade-mark on the arti cles contained in three boxes, consisting of ostrich plumes, ribbons and gold braid, handkerchiefs, gloves, fancy plush and hat ornaments, and named their value. He aslo told when they were kept in stock, of the confession of his nephew, where he found the plumes and some of the other goods which had been disposed of by the defend ant at a Wabashaw and Seventh street mil linery store, and of his finding the balance of them in the out-house. The juvenile Kaesmiller was then called. His acquaintance with the defendant came from bringing hats to press from his uncle's store. The first theft was when the defend ant told him to bring him an artificial llower wreath worth twenty-live cents trom the store and not to tell anybody, for which he was rewarded with five cents. This be was asked to follow up by logging over to the modern Fagin ostrich feathers aud the other articles which he was told to get unbe knownst to any one, from the store, being assured that he could do it without detection, and for which goods he received as his share of the swag all the way from fifteen cents to $1 in cash, according to the lower or higher value of the articles. Finally Fagin tells him to bring over to him anything he could take conveniently, which he did, and sue cessfully delivered to him according to in structions when no one was looking, there being an understanding between them when the receiver of the booty would be at home. He explained to the jury how Weingaertner told him to effectually conceal the large os trich plumes under his clothes without in juring them, going through the operation several times with $10 feathers without giv ing them a ruffle. He did not know he was doing wrong when he stole the articles. He knew the sacredness of an oath. He had never borrowed any money of the defendant, and had spept the money given him by him for pretzels aud such, lie never slept at defendant's house, who threatened to shoot him witli a revolv er if he told anything, or had any other asso ciation with him but to bring what he ordered him to bring and to get his dividends for tin transfer. He, the boy, was tried at the muni cipal court for the theft, but bis sentence was suspended, and having lost his situation with his uncle, he was now going to school. Iv answer to the judge he said that when the defendant ask,ed him to bring him a flower wreath he said nothing about pay for it, but gave him five cents for doing it. He, however, told him not to let anyone see him get it. Detective Ahem corroborated the evidence of Mr. Schultz as to the finding of the stolen goods on the defendant's premises, aud to the latter's showing a good deal of emotion when they were pulled out of the rubbish, saying as each box was found, "Dot vosh all," and also that he cried and was much excited. Miss Jennie Forgie of the Wabashaw street millinery firm of Jamieson <& Forgie testified to purchasing black feathers of the defend ant to the amount of $40, which Bhe recog nized in the court, paying him $20 down, but 6he had not seen him since. Had known him three or four years, but he had never offered such goods for sale to her be fore. He pressed so hard for her to buy, and they were so cheap in price, she invested and was consequently out $20. Mrs. Smith of East Seventh street had known defendant many years. She had a good feather stock when he offered to sell her plumes. She asked him where he got them, lie said his sister had broken up her millin ery store at Cincinnati and had sent him the plumes and other goods to sell. He offered her plumes for $61 with other things thrown in the bargain and as the feathers were styl ish and nice she offered him $50, paying him $25 down and telling him to call soon for the balance. The next day he came to her and did not want her to 6ay she bought the goods of him, as some one was going to make him pay $10 for peddling without license. She had not seen him since. AFTEKNOON SESSION. At this session the prisoner, Weingartner, was examined, when he said that he had been in St. Paul eleven years, and carried on the business of making up hair goods and iiat cleaning. The boy, who was ii. the em ployment of Mr. Schultz, used to do a great deal of^ delivering of packages, and used to leave them in my store, and call afterwards and get them, and among them were the boxes which contained the feathers, but which at the time I did not know was stolen. Before I knew that any of them were stolen, i had given the boy $30.00 which he borrow ed from me, saying that he wanted clothes, and that his father was sick. The boy used to bring me a large number of hats from this store to do up, and I became fond of him. After a time I told him I wanted the money he borrowed, when he opened the boxes he left with me and told me to take that for my pay. I charged him with steal idg them, and I told him to take them back to the store, but he said he would not. Then I told him I would tell Mr. Schultz, when he drew a revolver and said he would shoot me if I said a word about it. He frightened me as I was old and sick, and I did not dare to tell on him. I then wanted to get rid of him as I knew there would be trouble, so I sold what I could of them as I was in much need of money. I did not know they were stolen until after he brought the last box with th m in. I know I told lies about where I got them when I offered them for sale, and when I hid the boxes, but I was afraid of the pistol. I never was arrested before or had any charge against me. I am sixty-seven years of a<;e. The oid man, who was quite feeble, and at times during the recital wept bitterly. Be ing a Swiss, he gave his evideuce through an interpreter The state summed up very shortly, and Counsel Egan showed the evidence given clearly, aud Mr. "Willis on behalf of the pris oner, made a touching appeal to the jurors in behalf of his client. The judge charged directly against the prisoner, the evidence being very clear, aud they withdrew. The jury went out at 4 o'clock and came in soon after the court had re-convened after a half hour's recess, with the verdict — "Guilty of the charge in the indictment, but recommended to the mercy of the court." The case of Martin Guuderson for man slaughter, was continued to next term on ac count of the absence of his counsel, and that of James Renehine, for rape, was similarly dealt with on account of absence of necessary witnesses. The case of Charles Blomstron, for forgery of $10 order on the St. Paul Stationery com pany, was tried to be dismissed on a technical error in the indictment and by the represen tations of T. O'Brien, his counsel, that the prosecutors were satisfied with his six month's in jail already for the offense. Judge Wilkin ruled that, though the amount was small, the offense was a grave one, and continued the case until next term. The case of one Sullivan for rape, and an other person for buying a $12 check were continued on account of absence of counsel. That of Robert Kruger and Thomas Connelly for robbing Jeremiah Neally at the old mar ket shed last summer was also postponed to next term on account of absence of counsel, but the latter appearing soon after and ! pleading the hardships of the long imprison ( ment oi the accused, it was concluded to give the parties a trial if there was any oppor tunity to take the case up this week. Judge Wilkin stated that the names in tho jury box were so far exhausted by the heavy regular and special venires this term tb.it they were nearly depleted, and that therefore the January term of the court must be closed on Saturday of this week for lack of jurors, and the unfinished criminal business must go over until the May term. AMUSEMENTS. Cheek, and Irish Aristocracy at The Grand—The Olympic. The closing: performance of "Cheek"' by the Roland Reed company at the Grand, last night, drew out a fair sized audience,and the clever situations of the play and the specialty business of Mr. Reed elicited hearty and well merited applaus. The matinee performance was also fairly attended, and considering the unfavorable character of the weather, the at tendance of so many ladies was qalte a com pliment to the drawing qualities of the play. Irish Aristocracy. This evening the Barry & Fay remedy company open an engagement ai in an amusing sketch "Irish Aristocracy." Of the recent performance of the play a New York exchange says: "Irish Aristocracy" was given last even ing at tiie People's theatre, with Billy Barry and Hugh Fay in tlie principal characters, The large audience present was k continuous laughter by the humor and mirth-provoking by-play of these two comedi ans. Fay as the would-be aristocratic Irish man and Barry as his Jolly old-fashioned friend were inimitable. The various inci dents followed one another in quirk sneces slon and the humor of the [day and the at tention of the audience were sustained throughout. The three-handed reel in the last act still retains its fonmr popularity and was three times redemauded. Olympic Theater. A fair sised audience witnessed an excel lent performance last night given by the Fields i<c Arlington Specialty company at the above named popular place of amusement. Sitting Bull aud nephew were among the visitors, and seemed highly pleased and amused at the various acts, and < xpressed his approbation by clapping his bands, at the astonishing feats of marksmanship and soar] shooting by Misa Oakley and Mr. Butler, and the wonderful athletic and acrobatic act of the Wert/. Brothers. This evening every lady accompanied by a gentleman will be admitted free. Jin-.t-1 Kirks. The sale of seats for the engagement of the "Hazel Kirke"" company opens at tho Grand at it o'clock Saturday morning. THFFISTIC ARENA. A Pounding Match Wherein More Vigor than Science is Dis played. |Bpecial Telegram to the Globe.] New Yobk, March 19.—The glove flghtbe tween thi> middle weight pugilists Pat Sulli van, of this city, and Al. Powers, ol' Green point, was contested at Clarendon hall to night. Tin'match was for ..-.'."id aside, tospar four rounds, Marquis oi Queen6bury rules. Sullivan looks like a born fighter. Hr stands 5 feet 8 Inches and weighs 165 pounds. Powers, on the contrary, was very fleshy and apparently out of condition. He is live feet seven ami three-quarter Inches tall, and weighs 160 pounds. The flght was wel contested up to the fourth round. Sullivan led oft in tin- fourth round with several hard blows. He secured a clean knock down and then sent a right-hander in which Jell short. Hi- next sent Powers over the ropes and gave him some severe punishment. No sooner was Powers upon bis feel than Sullivan pommeled him again, until Anally as Powers was exhausted and did not get up within the ten seconds 1 mil, the referee de cided that he wa.- knocked out, and decided the battle in favor of Sullivan. Tin- time of the contest was fourteen minutes, nine seconds. Powers' friends asserted that the flght ought to have been awarded to him on the ground that Sullivan hit him six foul blows. The affair was more like a rough and tumble tight than a Bparring match. Sulli van displayed no science and there was no sparring, nothing but simply "pulled—• hauled—and pounded." Powers, although weak, showed considerable Bciencc. Mississippi River Appropriation! The committee appointed by tie- .: sippi river convention, recently held in thi* city, appeared before the committee on rivcru and harbors to day and made arguments iv favor of an appropriation for the improve ment of the Mississippi and its tributaries. Representative ('lardy appeared for ex-Gov. Stan ard, Mo., president of the convention, who was unable to be present, ("lardy urged the appropriation of the amount recommend ed by the Mississippi river commission for the river below Cain., and the amount recommended by tiie army engi neers lor the river above ( alro especi ally, and he uracil the appropriation of $1,000,000. the sum recommended by the engineers forth- Improvement of tbe river between Cairo and St. I.oilis. He said the appropriation.-, for tie- pasl few years had not been commensurate with the necessities of the ease, and advocated larger appropriations generally for rivers of national importance, aud smaller appropriations, or none at all, for the smaller streams heretofore provided for. Clardy also favored an appropriation In accordance with the recommendation of Major Seuter, for the general improvement of the navigation of the .Missouri river. He was disposed to look with disfavor on the appro],nations for special locations. Geo. 8. Wright, secretary of tie- recent Mississippi r iver convention, said the Missis sippi river had not received its proper propor tion of past appropriations. He asserted that out of appropriations amounting to $470,000,000 made for Internal improve ments up to 1880, the Mississippi valley had received only $70,000,000, while the east and lake country received $400,000,000. Our people, he continued, in view of these things, cannot understand why it is that when a de mand is made for the Mississippi river and other great interests ofthe valley, the major ity of the eastern members sit as if chained to their seats, and almost unanimously vote nay. He asserted that while the people of the Mississippi valley were di vided in every other question, they were united on this, "the fir-t question upon which, for a century, they could nnite." The "Mississippi river" said Wright, in con clusion, "is second only in importance to the ocean, which receives its tribute, and to make it safe for commerce by liberal appro priations to carry out the plans adopted for its improvement, is evidence of the highest statesmanship." W. H. Miller, Kansas City, and B. D. Wood, Louisiana, made arguments favoring liberal appropriations, ALL AROUND THE GLOBE. The Republican state committee for North Carolina have called a general meeting on May Ist. and the Liberal" party have called for the same time. Arthur is the favorite for president, but Logan and Blame have strong friends. The weather at New Orleans is clear and pleasant, and the river is but an inch below high water mark. A crevasse above Baton Rouge is 125 feet wide aud rapidly iucreas ing. All the Pennsylvania county conventions of the Republican party, as far as held, are strongly for Blame. The Grand Trunk consolidation bill has passed the house of commons, Ottawa, with few amendments. Sir Charles Tupper has promised to amend the general railway act so as to prevent amalgamations. Duncan C. Ross, the backer of Thompson, has come to the conclusion that Sullivan is only a blower, as he has not put ap is for feit, and refuses to flght unless under Queensbury rules, under which a champion fight has never come oil. A sensational elopement was frustrated at Erie,Pa.,last evening. A young and handsome married woman of good family was on the cars to elope with a young and illiterate colored man, hod carrier, when her mother came on the scene, and called the aid of the police. The woman escaped from them and has not been recovered ycL