St. Paul daily globe., October 03, 1895, Page 8, Image 8

About St. Paul daily globe. (Saint Paul, Minn.) 1884-1896

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8
QUESTION OF TAX.
fiENNEPIN .COUNTY CANNOT-AS
SESS CENTRAL -MARKET I
COMPANY." ?-?.- ... .
SUPREME COURT DECISIONS.
|
«-HB CASE OF MAMIE LANE
AGAINST STATE AGRICUL
TURAL SOCIETY.
4-lIE CAUSE OF ACTION STATED.
United State* Court of Appeal j
Makes liuliiiKs in a Number
Of Cam's)
Three decisions were written yes
terday, one each by Justices Start,
Collins and Canity, of the supreme
court. Justice Collins affirms the or
der of the lower court in the case
of Clayton R. Cooiey, county audi
tor >f Hennepin, appellant, vs. The
Minneapolis Realty Company, re
rrpondent. The county, therefore,
loses the amount of taxes on cer
tain of the realty company's prop
erty. ?? ';????'?
The action was on an appeal from
Bn order directing the issuance of a
peremptory writ of mandamus to the
respondent county auditor requiring
and compelling him to enter upon
the assessment books for taxation
real estate named by the Minneapo
lis Central Market company. . This <
property has not been assessed for
several years because of .the pro
visions of a city ordinance of 1892 and
n. contract entered into between the
city and the market company.
The question of the righit of the
nuithorities to tax the property arises
on the construction of the ordinance
referring to "public property used
exclusively for a public purpose."
fThe ground on which the Minneapo- '
lis market stands is owned by pri
vate parties, but it is claimed it is
property used exclusively for public
purposes. The supreme court so'
holds in its decision, as shown in
(the syllabus.
Chief Justice Start's decision is in
favor of Miss Mamie Lane, the well
known lady equestrienne, who has
sued the Minnnesota State Agricul
tural society for $5,000 damages for
injuries caused by the "bolting" of
Isaac B. during a running race
"Which occurred as a feature of the
annual state fair in 1892. Miss Lane
.was riding in competition with Miss
Poole, of South Dakota. Isaac B.
ran away and collided with the horse
Miss Lane was riding. She was
thrown to the ground and suffered a
fracture of her left shoulder * and
collar bone. She ; claims, that the
management of the fair knew Isaac
B. was a "bolter" and vicious on
the track, but that they failed to
notify her of that fact. The de
fendant appealed to . the supreme
count from order overruling its de
murrer to Miss Lane's complaint on
tlie ground that the agricultural .so
ciety is a public beard organized :
for the purpose of discharging a gov
ernment function; that at is not le
gally liable for the negligence? of its
officers; that the . facts alleged in I
the complaint do not constitute "neg- j
ligence on <the-i.part.of' the defend
ant or its agents. Z- '.' % '" ~i '
"If either • proposition is correct," !
Justice Start says, "then the demurrer
is? well taken, but; we are of the opinion
that neither is correct." The supreme
court therefore holds that the Minne
sota State Agricultural ' society is not
a public corporation,' for the sole pur
pose of discharging a governmental j
function. Hence the order of the low
er court is affirmed, as indicated in
the syllabus. '?._*.;-'.
In the case of John R. McKinnon,
appellant, vs. Gerard Palen, respond
ent. Justice Canty reverses the judg
ment of the lower. court, -and finds for
the appellant. The cause involves the |
possession, under the homestead, law, I
of a quarter-section of. government
land, which was mortgaged to the
plaintiff, McKinnon. He entered into i
an agreement with Palen to "prove \
tip" the land, which was done, and j
this action was brought to foreclose I
the mortgage, which the plaintiff !
claims had been extended. The sylla
bus is given below. "t.:.^f
Mamie Lane, respondent, vs. Minne
sota State Agricultural Society, ap
pellant. ---•- :■: :■.:
Syllabus— L Held, that the allega
tions of the complaint, . when read in I
connection with the general - laws of j
the state relating to the defendant,
do not show it, the Minnesota State '
Agricultural Society, to be a public I
corporation organized for. the sole pur- j
pose of discharging a governmental
function, and therefore exempt from
liability to persons injured -by its neg
ligence.
1. The complaint alleges that the
defendant engaged the plaintiff to ride
in a running race for horses, which I
was promoted and controlled by. it, I
that, knowing a certain horse was dan- '
gerous and unsafe to run in any race,
by reason of a vicious habit of track !
bolting, of which plaintiff was Ignor
ant, It negligently permitted such horse I
to run, in the race in which she rode, |
pursuant to her engagement with de
fendant, without warning her of the I
unusual danger to which she was thus j
exposed; that by reason of such horse
bolting the track during: such race she
was thrown from her own horse and
Injured. '- . . -„-'■.
• Held, that complaint states: a cause
Of action.
Order affirmed. —Start, C. J.
Siate of Minnesota ex rel. Realty Com
pany, a corporation, respondent, vs.
Clayton R. Cooiey, County Auditor
Hennepin County, Minnesota, appel
lant. --.. .-.-
Syllabus— The language found in sec
tion 3 of article 9 of the State Consti
tution, whereby it is provided that
"public property used exclusively for
any public purpose" shall by general
laws be exempted from taxation, and
the legislation on the subject (General
Statutes 1894, sec. 1512) cannot be con
strued as authorizing the exemption of
real property owned and leased by a
private party who receives and retains
all revenues derived from such leas
ing, although, under a contract with
the owners, the authorities of the mu
nicipality In which the property is sit
uated have ordained that such prop
erty shall be a public market house or
place, and shall be exempt from taxa-
Jion, and it Is thereafter exclusively
Used for such public purpose, the au
thorities regulating the business to the
extent necessary for the public wel
fare.
Order affirmed. "' —Collins, J.
John R. McKinnon, appellant, vs. Ger
ard Palen, respondent.
Syllabus— Certain findings of fact
held to be sustained by the evidence.
2. The defendant gave a mortgage
on certain real estate, the title to
which was in the United States, but
which he had entered as a homestead.
By a subsequent agreement with the
mortgagee, he agreed to "prove up"
and then execute a new mortgage to
secure the same indebtedness, and in
consideration thereof the mortgagee
(greed to extend the time of payment
In pursuance thereof, .the mortgagor
made final proof and executed the new
mortgage.
Held, the agreement to procure, and
the procuring of a better "title- as se
curity for the mortgage, is a sufficient
-oppideration for the agreement to ex
tend the time of payment.
3. Certain other findings of fact held
lot to be sustained by the evidence. - -
- 4. ; . In an action against one partner
■ ilor.e on his individual obligation given
for a partnership debt, he may avail
himself of. any recoupment of ■ -which
the partners would have a, right ' to
avail themselves If v . the -*• suit were
against all of them. v *; v *•> "" *•" *
Judgment; reversed. — C*yity, J. -
vi 'END DAMAGE. SUIT,' .?•'
Knocked Out 'on a Demurrer to
... - the Complain «. -.;??." —
The suit' of Oluf Stehda"l7to?' recover
from Allien P. Boyd $2,050 damages? on
account of the drowning, of ."plaintiff's
little son,— Clarence E., in a pool of I
water gln an old? rock - quarry ' on de
fendant's property last spring, has
been knocked out on a demurrer to
the complaint. The basis of the de
murrer was that the complaint did not
allege sufficient facts to constitute a
cause of action. Judge Brill sustained,;
the demurrer, attaching to his order
the following memorandum:
"The death of a human being.though
involving a primary loss, is not the
ground of. an action for damages' at"
common law. Our statute creates a
cause of action .when death Is caused
by the wrongful act or omission of?
any party and' vests it In the personal
representatives; none but personal
representatives can maintain the ac
tion. The law was amended in IS9I
so as to allow the funeral expenses to
be Included in the recovery." • '.
Supreme Court Routine.
The supreme court considered the fol
lowing cases yesterday:
Mattle Miller, appellant, vs. The City
of St. Paul; set for Oct. 11.
R. L. Hall, appellant, vs. Charles F.
Leland and Cora G. Leland, respond
ents; submitted.
Mary Butler, petitioner, vs. The City
of Minneapolis, respondent;, motion- to
quash writ dismissed without preju
dice and without costs. , •■■.
Antoinette Abel, petitioner, vs.. The
City of Minneapolis. Same. '-.. - ,i,
State ex rel. R. A. Walsh, relator,
vs. James R. Stevenson, respondent; .
motion to quash writ dismissed. '
Andrew J. Finnegan, appellant, vs.
Hans Gronerud and.W. H. Cheney, re
spondents; submitted; on briefs. '
COURT OF APPEALS.
The Orders Made In a Number of
Cunch.
The United States circuit court of
appeals yesterday heard and made or
ders in the following cases:
527— Travelers' Insurance Company,
appellant, vs. Fannle L. Henderson.
Appeal from United States circuit
court, district of Wyoming. Mandate
stayed on motion of counsel for appel
lee sixty days from and after Oct. 5.
546— W. J. Scoutt, appellant, vs. Sa
mantha Keck et al. Appeal from
United States circuit court, district of
Nebraska. Continued to December
term per stipulation. *!*- » ';
562— Mayer Wile et al., plaintiffs 'in
error, vs. Farmers' State Bank of
Charter Oak. Error to United States
circuit court, southern district of lowa
Submitted on printed briefs.
Chicago & Northwestern Railway
Company, plaintiff in error, vs. Denton
Olner. Error to United States circuit
court, northern district of lowa. Ar
gued by N. M. Hubbard Jr. and Frank
F. Dawley for plaintiff in error, and
by Lyman A. Ellis for defendant in er
ror, and cause submitted. ■■•■-■-•
574— M. Grubbs et al, plaintiffs in
error, vs. Thomas B. . Needles et al.
Error to United States court, Indian
Territory. Submitted on record and
brief of plaintiffs in error. ■- ■ -. ~
576— G. Atkinson & Co., appellants,
vs. Allen, West & Bush. Appeal from
United States circuit court, eastern dis
trict of Arkansas. Argued by D. H.
Rousseau for appellants and W. E.
Hemingway for appellees, and cause
submitted, .*.' „
616— William Murray, plaintiff In er
ror, vs. Chicago & Northwestern Rail
way Company. Error to United States
circuit' court, northern district of Iowa;-
Continued to December term per stipu
lation, and set for hearing in January.
1896. .--•-.» •-,-*:-
634—United States, plaintiff in error,
vs. J. W. Ady. Error to United Stat*
circuit court, district of Kansas. Mo
tion of defendant in error to dismiss
denied.
646— A. Gourdain, plaintiff in error
vs. United States. Error to United
States district court, district of Kan-,
sas. Dismissed, without costs to either
party, on motion of defendant in error
. 688— City of Fergus Falls, plaintiff in
error, vs. Fergus Falls Water Com
pany. Error to United ; States circuit
court, district of Minnesota Motion
of defendant in error to dismiss denied.
350— Henry Morgan, guardian, etc.,
et al., appellants, vs. J. E. . Potter,
guardian, etc., et al. Appeal from
United States circuit court, district of
Kansas. Motion of appellee to recall
mandate from district court denied.
DISTRICT COURT.
ORDERS AND DECISIONS. V??;'^
61,489— Stendal vs. Allen -P. Boyd;
order sustaining defendant's demurrer
to amended jiomplalnt. Judge Brill.
SUSPENDED SENTENCES.'?:^? ? :
Judge T-wohy Explains the Rene
fit of Their Use. ?????
- Judge Twohy said yesterday, with
reference to Judge Otis* decision .that
a judge of the municipal court has no
power to suspend a sentence? that the
Judges. of his court had always been
in doubt whether they were entitled,
under the strict . letter of the law,? to.
take such action, yet it had seemed
to enable the court to do a vast amount
of good In regulating offenders that
were guilty of no real crime.
. "There are a good many • people," j
said Judge Twohy, "who are known:
to the police as dangerous character*.
They arrive in St. Paul, and are ar
rested on a charge of vagrancy. ,If
not so arrested, they would hang about
town, and, sooner or later,- commit
crimes here, as they have done else
where. But It isoften difficult to prove
the charge of vagrancy. They, may
have a little money and a plausible
story of honest Intentions. Then a
judge must either dismiss them, • and
allow them to again roam the streets
or give them a suspended sentence of
imprisonment, so that, unless • they
leave town, they will be sent to ', the
workhouse. Usually these men will
plead guilty to the charge if they are
assured that the sentence will. be sus
pended on their leaving the city. But
if we can't suspend the sentence, we
will have to attempt to send them out
to the workhouse. In that case, they
will make a vigorous fight and will
never consent to plead guilty. Of
course, the charge very often • cannot
be?' proven, and the criminals
will be released to hold up our citizens
on a dark street. ~.r
"Again, a police court deals fre
quently with a class of people that
doesn't need to 'be punished so much
as they require .- regulating. A man,
for instance, is noisy and abusive to
his neighbors. He Is more a nuisance
than anything else. He Is too poor to
pay a fine. If sent to the workhouse,'
his family will suffer, and he i will | as
sociate with criminals and come, out
worse than he went In. To control
such as these we just sentence them
to the workhouse, allow them to get
thoroughly frightened, then, before it
is time for them to be taken out to
Como, we call them back, give. them a
good lecture and suspend their sen
tence during good behavior. They are
afraid of the sentence being. enforced,
In case they fall to behave and they
accordingly reform. If we cannot sus
pend sentences, we. will have to re
lease such men at once, and they will
go away and conduct themselves in a
worse manner than before. -But? of
course, all law should be uniform, and
we may conclude to alter our . prac
tice. Nevertheless, It is not likely that
any of the prisoners that receive a
suspended; sentence will care to appeal
to a higher court. They know that
they have . probably escaped a more
severe punishment." , •-■'";' ?
Chief of Police Clark said : that, so"
.far as he cared to comment on the, de
cision, its result? would be merely to
send a great many more prisoners than
before to the workhouse. That rinsti
tution would be kept filled all the time,
and an extra burden of expense would
have to be imposed upon the taxpay
ers of the city.
- Children Cry for
Pitcher's Castoria.
THE SAINT PAUL DAILY GLOBE: THURSDAY MORNING, OCTOBER 3, 1895,
ABOUT THE HOTELS
.INTEREST. Mi : HIT OP - GOSSIP
:^;.V- ;?.-? ABOUT A MASKATO
£:? r vT-' """ '""' PAPER. j
M'CLEARY LOOKING AHEAD.
!
HE PROPOSES TO HEAD? OFF AH
; ■;. OPPOSITION FRO— L. P.
*P} HUNT.
AMONG THE PASSING THRONG.
Col. Clarke Chambers, Tells About
*'?£' ..the Ui_r Crops in Owu
..-?" ... . tuuuu,
,i A? piece of gossip concerning a
Mankato paper was picked up at j
| one of the hotels yesterday. Carl
; Eastwood has moved from Worth
ington to Mankato and assumed the
management of • the Morning News.
' It seems that a stock company is to
keep the News a-going; and Con
gressman. McCleary - is "the "main
pipe" in the stock company. "The
little schoolmaster", wants a renom
ination, and he does not want the
third-term bugaboo to stand in his
way. Yet ?he "fears to be publicly
known in the Morning News ? deal
that is, as the- power behind ■ the
j throne. ".' The News, under East
j wood's management, will be for Mc
! Cleary. Frank Day, of Fairmont,
'and H. J. Miller, of Luverne, will be
left out . of '" the congressional reck
' oning, if the Morning News can man
age the matter. McCleafy's stand
for sound money will be worked for
all it is . worth . against Day's pro
nounced free? silver; views. Mc-
Cleary's scholarship and his stand
ing as a financial authority will be
I exploited against Miller's country
schooling and provincial journal
ism. And as a sort of winning aux
iliary to these considerations Con
gressman McCleary will continue
his specific and congenial work of
interviewing parents and compli
.: menting scholars and teachers on
their school work. For a quiet, un
pretentious man McCleary is said to
be as, clever as any politician that
ever set foot in the state. His latest
move, In securing control of a daily
newspaper in the Second district, is
intended as a kind of flank move
ment against L? P. Hunt and the
men who might be disposed to turn
! him down in* the next convention.
Hunt and McCleary have? not, brok*
en, but the congressman understands
i that he cannot expect any particular
support from the Mankato editor in
; favor of a third nomination. There
fore he wants a paper that will hoe
j his row and take care to furnish'
! plenty of "excuses for a third term.
It matters little that Carl Eastwood
was a good Democrat in lowa, and
as enthusiastic for free trade as Mc-
Cleary was originally. Carl has been
j running a Republican paper at
l Worthington for some time back;
'and his ability commended itself to
j McCleary and his friends so strongly
! that they are convinced he will be
able to hold Hunt and Day and Mil
' ler, and some others, level in the
. congressional fight that is immi
nent.'.?-; • '?.?-?v:
• * *
Capitol Commissioner. Dan Shell
i is one of the. oldest settlers in South
j western Minnesota," and. was last
week elected president of the Nobles
j County Old Settlers' association. At
| that he is not a proud man. He went
[ into the Southwestern end of the
1 state as a star-route contractor, and
for many years ran a stage three
times a week between Worthington
\ and Sioux Falls, a distance of sev-
I enty miles. Later he ran' a daily
i stage and had to keep fifty horses
j continually at work. - Then he be
! came a hotel keeper, and afterward
i went into farming extensively.. He
j made, money in these different oc
\ cupations, and today he is a banker
I and statesman. But he is as demo
cratic and as good a fellow today as
he was in his early years, and when
j he shows up in St. Paul there are
j hosts of friends who meet and greet
| Dan with . enthusiasm. ; He was
! asked yesterday about the plans for
I the new capitol, but all he would
l say was that the expert had not yet
j got his report ready, "and until he
| does," said Mr. Shell, "we can do'
I nothing." ,'-" -?\ -^'-rS^/-. ■--?
\ George A. Dv Toit, of Chaska, also
j a member of • the commission, was
i with Mr. Shell, . and he thought it
| just possible that the contract for
j grading and putting in the founda-
I tion might be let this fall. Com-
I missioner Dv Toit is one of the Dem-
I ocrats on the commission and as true
I blue a man as ever held public office.
* * *
Col. Clarke Chambers, of Owa
tohna, ran up yesterday from his
| home to attend to some business, and
I is more than ordinarily enthusiastic
over «the immense crop of grain in
his section of the state.
: "Not only wheat, but oats, barley
and winter rye have been coming in
at a tremendous rate," he said. "It
j is not the slightest exaggeration to
• say ?. that this year's yield of all
kinds of grain Is the biggest known.
The wheat crop itself comes fully up
to the big year . Minnesota farmers
had :in 1877, and the general result
is without precedent. The yields to
the acre have been surprisingly large
in - all- the grains, and . the farmers
have every reason in the world ?to
be gratified at the fruit of their
labors'- the past year." -
V'"? ?-t" '•'■." ■*■ •'•.'" : -'.?.c?
"William Blaisdell, Honolulu, H. 1.,"
was among the names registered at
the Ryan yesterday. Mr. Blaisdell
went East last night, and will confer
with' men In Washington who are in
terested rin the : island republic. * Mr.
Blaisdell has heretofore taken a prom
inent ?. part in all matters connected
; with the establishment of the '; new
government in the islands; but he did
not • fe-jj at liberty ?to talk : freely on
matters that are yet unsettled. - "We
realize,',' ? he ' said, : "that the , Cuban
question is likely to overshadow Ha
waiian matters ? to some extent, ; in the
minds ;of Americans, but ' yet .we hope
that? justice and right will eventually
prevail in the settlement "of Hawaii's
affairs. :_ §o far as the ? liberation ' of'
the deposed queen Is concerned, It will
have m o effect whatever. ' She,'? will
. never again cut : figure in the af
fairs of the islands. . ? President Dole
and his cabinet are getting along much
better; j than many people' expected they
.would,' and within a few years we will
have a prosperous country, whose ulti
mate ■ destiny will? be a close affiliation
with the United States."
-??.-;,:?';•' ...'■? .;> i ? n t?: •?-.>;
r, Hon? ■ Joseph? B. Cotton, of ; Duluth,
; .was a Windsor guest/ xesterdai,'?? Time
Highest of all in Lea veiling Power. — Latest U. S. Gov't Report
was when -Mr. Cotton would talk poli
tics very happily, but since he has be
come? a'; high-salaried attorney of , the
Rockefellers he -fights i shy of ; ; report
ers, so far.'as interviews are co|cerned.
But Cotton is bound to make his mark,
since he has quit spread-eagle speech'
making, because he comes of good
stock and is -brainy as well as elo
quent. ; .^"_ i - ..'.-??? ..<
--* • •
r Hon. Dan'l Bruckart, of St. Cloud,
three times mayor and always popular,
was hi the city yesterday, and put up
at the Merchants'. "1 am pleased to
! see that- the bishops and ministers of
a great 'church have taken possession
! of Minneapolis," said Mr. Bruckart.
| .'.'My 'friend Eustls failed?, to convert?
: the sinners .therein, but I am hopeful
that the present workers may succeed.
Outside?': of St. . Cloud and ? St. Paul,
there Is no city I have so much Inter
est. In as Minneapolis, and really I
hope it ~; will undergo a tremendous
moral revival ,, before the Episcopal
convention is ended."
'■.;<■•'•'*•«••■.'
Editor?. Sins, : . of the St. Cloud Nord-
Stern, an influential German weekly,
spent yesterday in St. Paul. Mr. Sins
says there is nothing doubtful about
Steams county as a Democratic
stronghold In the " future as in the
past. He knows his people and Is
sure of their devotion to Democratic
principles. " .' '
.-)";•, ..' * '• * •:?;'■.
At the Windsor— B. Cotton, Edgar
F. Webster/ John V. Mcßrlde and sen,
D. A. Dickinson, Duluth; Thomas Don
nelly, Michigan City; J. :J. Dow, Fari
bault; E. P. Barnum, St. Cloud; E. E.
Corlis, 'Fergus Falls; Li. E. Netter,
De T. Skinner, D: S. Wagner, Chicago;
J. Keith,; New York.
* • *
•-.. At . the Merchants'— J. S. Murphy,
Minot, N. D.; Jacob Rles, Shakopee';
P. H. Hough, La Crosse; S. D? Mason,
Tacoma; A. W./.Lunholm? Spooner,
Wis.; W. H. Laird* Winona; S. Robin
son and/daughter/* Rock Island; H. .M.
Elliott, Ashland; J George Herberger,
Osakis ; Henry S. Butler. * Superior,
Wis.; Charles Keith? Princeton; W. S.
Emery, Grand Rapids; George Tighe,
Great Falls"; Henry Sieben, Montana;
Miss Eva?' M. Hardy, Lake City; George
A. Dv Toit, Chaska '. ■ -■% '-■
'■~- : ..''-.;': ' < ;.;-'-.-••-•"*'
At the Aberdeen— Sarah Smith,
Miss E. A. Fleming, New York; Mr.
and Mr. F. L. Palmer, Walla Walla,
Wash.; R. M. Bowlar, Cincinnati.
At Hotel Metropolitan— William B.
Stewart?? Mason City, Io. ; H. ?S.
Thompson, Chicago; ? W. H. Dickin
son, Helena; Henry E. Coland, New
York; Miss Mullin, Miss. Pack, St.
Joseph.C Mo.; "Mrs. Ellis, E. E. Carr,
Chicago; James G. Brown and wife,
Buffalo.
* * *
At the Clarendon— W. J. Cockburn,
Chicago; John Lamzen, Fergus Falls;
A. J. Potts and wife, St. Peter; J. Mc-
Hale, Shakopee;. George W. Graves,
La Fayette; J. S. Bryan, Alexandria;
C. W. Thompson, Willmar.
LOTS OF TRAVEL.
Passenger " Business in the ; North
west Looking Up. . *
Local passenger, men are "authority '
for the. statement that Western busi
ness is looking up. Judging from the
number of traveling passenger agents
who have been in town , the last few
days, there Is certainly some business
going somewhere, and this annul hia
tus, -together with the. activity Occa
sioned by the Episcopal convention in
Minneapolis, has emphasized the. fact
that St. Paul is quite a big railroad
center.'-" ;'.,_•.._..-:, „,.'.,■.-. '; .;....'
There is considerable | through busi
ness to? the coast ;as shown by the
inauguration by several of the roads
of their regular; fall tourist service.
Beginning today, the Minneapolis &
St. Louis people will send out a dally
tourist train on their? new Omaha line
via Dcs Moines, Omaha, Denver, Salt
Lake and Sacramento, making the dis
tance in four days. *? . • • ,?. ?
Clarence Robb, of the passenger de
partment of, the. Chicago Great West
ern, : states that : on the middle: of the
month; his road. will start; Its through
service" with a . tourist car, which will
go through from St. Paul to Los An
geles every Tuesday by -the . Kansas
City and Santa «.Fe route. A party
went through yesterday over this
road to Los Angeles. - ;.;.- - = -. ;
The Initial, through tourist train this
year over the Northern Pacific j pulled
out yesterday at 4:15, It having been
found necessary to add a second coach
to ? accommodate -, the heavy , travel.
Nearly. 100 j through passengers ; were
; listed for various points on the coast.
SHE STILL LIVES.
Sam Baltimore's Victim In a Pre
carious Condition. - -
The case- of- Sam - ? Baltimore, Dr. A.
J. Stone's negro coachman, who at
tempted ?to murder Amelia Williams?
another negro servant, • Tuesday . night,
was yesterday continued, : in the mun
icipal court, until Oct. 14. The con
tinuance was granted at the request of
Assistant . County Attorney Donnelly.
The | latter ' stated r that, while the
charge j yesterday j was assault with a
dangerous weapon, it might be changed
later to. murder in the first degree.
The wounded woman was , in I a pre
carious condition. No bail was named
and Baltimore was returned to jail.
He will be defended by Attorney F. L.
McGhee..?? ?? '"" ' "'■" \- : ?'\???
The prisoner has previously been ar
rested on a similar charge. This was
several .; years | ago, ? when he ? was : ac
cused of killing Police Officer Hanson..
Circumstances, at • the time, strongly
implicated Baltimore jas ? the . probable
murderer, but- ; he was eventually dis
charged through lack of positive proof.
'-..; Dr. Stone \ stated yesterday that Bal
timore had at one time? exhibited such
undoubted signs of ; Insanity ? that he
was sent to the hospital at St. Peter.
After a brief treatment the negro was
released. He has since appeared ? en
tirely sane, | His temper, however, was
never of the best. There was a ? con
stant petty conflict between ; Sam and
Amelia, and the disagreement went to
such a length that ? the old man .' was
alleged to have been heard say. that
he would ' kill the girl. ~ Sam was once
discharged- for ? drunkenness, - but was
afterwards allowed to' resume his posi
tion. '...,,■ ■■': ■ ' '-
Dr. C. J. Meade, one of -the physi
cians attending the wounded ' girl, . re
ported yesterday that no. developments
had yet ? taken - place >In • her " case. . She
would? apparently recover, - unless ; her
brain should -prove to be injured. Ho
believed that her - right ■ eye would ?be
saved, but her left eye was gone for
ever. < -' -? , '• " .-'--. „ ' ?'??
•£t Death of Albert Schmidt.
Albert . Schmidt, proprietor . of '• the
. Schmidt * hotel,' at; :91 South ? Wabasha
street, died yesterday morning of brain
"disease." '. Mr. Schmidt v was . fifty-five
years ' of age ; and ; had : been a ' resident
of j St. Paul the past thirteen or : four
teen years, -being engaged In the hotel
business^ most 'of '-. the * time • since"; he
came here. ; ; He '.- leaves a ? widow and
three, grown ,up. «hildj§n c-oe soris-apdi
| -two daughters. He was a member of
t Lodg-e S6 of the A. O. U. W."," and the
i funeral twill take place under the au
| spice** of. that organization at 2 o'clock
. Saturday, from the residence. -
i MERRIAM-CONSTANS.
j Mn-rrlnß-e; of Two '-'? Prominent
;?;, V.: ! Young Society. People.
• The marriage of .Miss Betsey Con
• stans, daughter of Mr. and Mrs. Will
p lam Constans,' and 'A. . Wilder Merri
am, son of ex-Gov. Merriam? ' occurred
, at 6 o'clock 'last night at the home of
. the bride, on '; Summit "avenue. The
, wedding was a very quiet affair, only
:• the immediate friends of the families
being invited. Miss Erne? Constans,
sister of the bride, was the? maid of
,? honor, and the bridesmaids were Miss
('Button,, of." Milwaukee; Miss Thomas,
of Fargo; Miss Constans and Miss Of
. fleer. -J. * Hancock Merriam' acted as
. best 'man, and the ushers were: Wes
, cott W. Price, Charles Wright, M. J.
j. Boyle and W. F. Constans. Bishop
r Gilbert . performed the ceremony, the
i bridal party standing In the large bay
i window of the music room, which had
i been artistically. decorated for the oc-
Icasion. The background of the win
l dow was draped In pink with a cur-
I tain of smilax falling in front, with
i American . Beauties and pink roses
j caught in the folds. In the center of
this ; charming little bower hung a
lamp, and tall palms and potted plants
, served to complete the furnishings of
the artistic nook.
The bridal party ascended to the
music room in the following order-
The ushers, followed by the braides
maids and the maid of honor, then the
bride leaning? on the arm of her
father. The groom and best man met
the party at the altar. A mandolin
and. harp orchestra played several se
lections -very softly during the cere
mony, and when the service was over
W v.^ &el ' S Serenade: was played,
The bride ; wore a beautiful . gown of
white satin with ? Duchesse : lace made
in the Marie, Antoinette fashion, and
a tulle veil, with a tiara? of white car
natiors. -- ? .. . -
? The maid of honor wore a gown of
white taffeta silk, with gauze ß trim
ming, and carried white carnations
The gowns worn by the bridesmaids 1
. were of the same material and all made
i in Marie Antoinette style, Miss Con
j stans*. being yellow, Miss Button's blue
I and? Miss Officer, and Miss Thomas
j green. ?-..'■ .:. •-•"?*.- ■' - :
I Mr." and Mrs. Merriam left on an early
. evening train for the? East, and In the
i evening Mr. and Mrs. Constans gave
; a very large reception to introduce to
I society their next daughter, Miss Erne
: Constans. -• ■ . ■- .;;/.+-•:-:
. Mrs. Constans was assisted in re
ceiving by Mesdames J. W. Merriam
Harvey Officer, W. H. Vittum, H. F
Upham,. Frederick E. Bird Wear, of
Fargo; Misses Coon and Beebee, r and
the bridesmaids. :■-''- .-; . • :
| -" Miss ;Elsa Constans wore a beautiful
gown of blue silk and Mrs. Constans'
gown was a very handsome black vel
vet brocade, with point lace collar and
diamond : ornaments. • ■'-"■' --■'■"• ". -..-••:;' .
ELOQUENT DIVINES
; Are on the Programme to Speak
jT . « Nt a* People's Church. ?
I I The first public meeting of the Chris
tian Citizens*, league ' will - occur at • the
j People's church this evening. Mgr.
■ Nugent, the- well-known philanthro
f pist, is expected to speak. The follow
j ing programme has been arranged:
j Opening . hymn, by the congregation;
j the "Triple? Object . of the League,"
I outlined by the president, W. L.. Wil
j son; music by the Odd Fellows' male
I quartette; .address by^Dr.-Ingersoll,
I "Our Sabbath, What; It Is and - What
I It Ought to Be" (including a reference
I to the laws regarding ft); music by the
j House of Hope choir; address by Rev.
j Father Heffron, - "How Christian Citi-
I zens Should Act Toward the Saloon;"
| music by the congregation; address
by Mrs. Edholm, "Rescue Work and
Prevention Work;" music by the male r
quartette;?, address- by -r Dr. Conley,
"What': the Christian Citizens*' League
Has {-Accomplished and What it May
Accomplish Here;" "America," (sung
by congregation.) The public is cor
dially invited. i'/V
BRADY'S LIGHT RESOLUTION. ,
It ; Remains Uncoil wider by.i the
: ; :-?y; Committee. ■?• " SiO i
The assembly committee on gas was
scheduled to meet yesterday afternoon
to consider Aid. Brady's resolution for
lighting the down- .district with
electricity. Chairman Robb and Mr.
Aroein were the only j members pres
ent, and as they do not constitute a
quorum of ; the committee, .• the ? Brady
resolutions were laid over. The reso
lution instructing the city clerk to ad
vertise for bids for lighting , with elec
tricity the down-town district -Alis not
considered definite enough. The area
which it is? proposed ?to so illuminate
is not extensive enough fto satisfy • all
members of the council. ?! Some of the
aldermen desire an extension of the
territory to be lighted with electricity,
so as " to include Sixth street.beyond
Broadway, and also to comprise East
Ninth and Tenth streets. Owing to
the absence of a quorum the commit
tee [could only lay the matter over
until the next meeting.
- ACADEMY OF MEDICINE. ??
-.- ■ ■ '• ■ .'.-..,. .. V?
Officers! Elected at the Animal
.•''..-.; • Meeting-. ..-..,.-
Two score or more members of the
Minnesota Academy of i Medicine held
a" meeting at the | Ryan last evening,*
preceded •by a banquet.*. After the
tables had been cleared Dr. H. L. Sta
ples, of Minneapolis, read *a' paper on
"CirsoCele," which was discussed at
some length by the physicians present.
Before the supper a business meet- "
ing .was held, at which Dr. A. E. Senk
ler,sof. Bt. Paul; was' elected president,
to succeed , Dr. J. W., Bell, of Minneap
olis?? Dr. W. A. Jones,' vice president,
to succeed Dr. A. McLaren, St. ? Paul.
Dr. JR. O. Beard, Minneapolis," was ? re
elected' secretary and . treasurer. ' • ' •
-, CHASED ? HIS GRIP. '■'
A Dakota Farmer's Experience
With a Valine. : f_'
- r C. ? H. Barker, aged fifty, was arrest
ed last night ?by Officer; Joe Davis in •
a Seventh . street ? pawn . shop, , where
Barker? was, try Ing: to 5e11,., a valise.
The arrest ' was , made at the .? request
of? a farmer from Dakoita, ; who told
the ? officer? that while talking to ?;.a
friend near the union depot he had set
his valise on the sidewalk. ? A moment
later It? was gone, ,but It reappeared In \
the distance, : being carried swiftly
away In the grasp of. Mr. Barker. The
farmer followed his bright yellow prop
erty, with the foregoing ' happy - result.
» w _
. -i> Raided .the Wine Room-).
The f officers detailed at the central
police station last, night wore white
gloves \' and ' boutonnleres. Their serv
ices were given ;up exclusively to the
fair sex, representatives of which filled
tvei'j: Uv.Yk «w?a warm-,; of. tho second
In Ladies' Cloaks and Furs, as In Men's and Boys' Clothing, We Prove Our Leadership.
SsSsaT ffsHsWTTsr^ atf^ai I^BMS^B^sils^^^shMr^aa^^Js^^an'SM
m\ u£ l Sill j Urnm » , i® l ■
YMOUTH C0RNER".. .a.........:..... ..........5EVENTH AND ROBERT.
VISIT OUR NEW LADIES' DEPARTMENT, SECOND FLOOR.
' & JU CHEVIOT JACKETS, large sleeves, coat /ft >-> *J
i^^^MW^r-^ h J? ck > reefer front, regular price $5.00. J Q
BOUCLE JACKET, velvet collar, melon /ft S? r\ fy.
Wl'&'Fi sleeves, ripple back, regular price Jfo #1 CffV§
t| i) $8.50. THURSDAY &PEC1AL. ......... *P W *W
BEAVER JACKETS, velvet piping, reefer /ft «y pg\
_,-^w«v^^SKs%»*is»- front, two rows large buttons, regular rfo J J% fff
v^g^^^^^^^v price $ 1 0. THURSDA V SPFCIA L V* " • «-* lJf
i^^^^^m^^^^^^S^^^k. til sVa fine Boucle Jackets, velvet collar, ex
* CHEVIOT JACKETS, ripple back, vers coat /ft tf "J ft(\
hack, reefer front, regular price $5.00. Jk+% JmM
THURSDAY SPECIAL .. T XfJ KM • £ O
BOUCLE JACKET, velvet collar, melon G* a< f\ £~m
sleeves, ripple back, regular price Ilk fj CJ V §
$8.50. Thursday Special... ..... *P*J*\J T \J r
BEAVER JACKETS, velvet piping, reefer {7% —J ** />
front, two rows large buttons, regular Jtk J J% 9 i
price $ 1 0. THURSDA V SPECIAL V* • *-*
JSt ira fine Boucle Jackets, velvet collar, ex
tra large sleeves, ripple back, vcr' laU £T% * s\ nn
m^^^mjfWi^^Mi^^^^ est style two-button Reefer, regular «> i 0 a' uIJ
\W3ss^ W^^^^^^M price $14. THURSDAY SPECIAL ..... \L> R ** «
W=^^^^gS^^^S^T CREPON BOUCLE JACKETS, satin lined,
■ Mandolin sleeves, box front, very swell, /ft -4 Xfl
regular price $16.50. THURSDAY *fo £ %J 9
%3 IMPORTED KERSEY CLOTH JACKET, vel
iW'^^^^^^M X^k. ret ' collar, strap seams, two buttons, /ft -4 £■» nn
J^*Wa&%&g£gtt \*l? extra large sleeves, regular price $20. Jft E•»
;^^figp|Ps§| NY THURSDAY SPECIAL V* M ** •
I <rt> <rs*^ IX7*-* *^.4-<^ Thursday we will offer Ladies ' Ccs-
Lt&LQIGS WSLIStS. simere Waists, in Black, Navy '
iw-wi.xM.jisyw rraiOlO. and Cardinal colors, blouse front, /ft g? ** s\
crush collar, large sleeves and plaited back, regular prfce $8.00. .7% J% . * P a
THURSDAY SPECIAL .. V* *-*•*-*-*
ALL NEW, FRESH GOODS! i
PRICES DECIDEDLY THE WEST!
MONEY ALWAYS REFUNDED.
Tt%ck Ty\^rtt% B f\tt4-t*M\ c,othlf *£j
iitsW mT \ V illvlLl HI House.,.
Plymouth Corner, Seventh and Robert. I
j floor. Upwards of a score of women,
J ranging in age from fifteen to thirty-
I five years, were brought •in by' Ser-
I geants ? Pothen and Ross and Officers
j Banker, Coveny and Brogan. "'» The
prisoners were charged visiting
wine rooms.
II prisoners were charged with visiting
wine rooms.
WHO :IS JOHN OJXEAL? ?^? ;?
Information About Him Would Be
.Acceptable. ,
I * "A letter was received yesterday by
; Chief of Police Clark from W. H.
Booth, an undertaker of Texarkana,
! Ark.; who writes that -there died I
i suddenly in that city, Sept. 29, at a I
i hotel, a man named John O'Neal, j
He left no clue to his name or fam- j
ily except .that lit Was reported that |
he had come from St. Paul, where j
Ihe had a ciheist of tools. It was sup- I
posed that O'Neal's family also lived j
lin St.- Paul. The writer does not |
state' his 'reasons for believing -these I
"surmises, nor does he give the prob
able age of the deceased. He- de
scribes the latter, however, as^five
feet, ten inches in height, with
brown eyes, dark hair and dark
moustache and weighing .about 170 i
-pounds..
Chief Clark requests that any in
formation ;as to. the identity of
O'Neal may '■ be sent to the central
police station.
' SORRY TO LOSE HIM.
Farewell Reception to Rev. John
Castle*-. '
An elaborate farewell reception was
given by the congregation of Olivet
M. E. church to their retiring pas
tor, Rev. James Castles, last night.
The reception was held at the resi
dence of Mrs. Nathaniel Mclntyre
on . Watson avenue. There was a
large attendance, and among those
present expressions of regret at the
loss of their esteemed pastor were
heard on every hand. The occasion
was enlivened with music and sing
ing, and during the evening an ex
cellent luncheon was served. Mr.
Castles has a large circle of. friends
here, and they are not confined to
the members of the flock over which
he? has presided in Olivet church.
WALLACE WAS DISCHARGED.
The San Francisco Sailor Was No
>■?%.*; •"■ Vng.
In the municipal court yesterday
morning William Wallace, the San
Francisco sailor boy, whose sister
is pretty Edna De Wolf Hopper, and
who was taken to the : station > along
with other returning harvesters from
North Dakota on suspicion that the
group might contain- a vagrant, was
discharged. He' identified himself
without . difficulty, proved that he
Awarded Highest Honors,
World's Fair.
DR
VWET
* CREAM
? MOST" PERFECT MADE.
A? pure Grape ; Cream of Tartar Powder.
Free from Ammonia?- Alum or any other adulterant
was an honest seaman who had nev
er sailed under the black flag, re
ceived- his discharge, and rolled out
of the room with a defiant air.
Resolutions of Regret.
At a regular meeting of St. Paul No.
7, National Association of Stationary
Engineers, held in their hall Oct. 1,
resolutions of regret on the death of
, William M.. Stephens were adopted and
' the charter ordered, draped for thirty
days.
LOCAL PICKUPS.
The new insurance law - passed by
the legislature last winter has gone
into effect. .■- ?-**-'
Rev. S. W. Dickinson is in attend
ance at the triennial council of Con
gregational churches, in Syracuse.
N. Y. ...... ■; ,- ,V . •-• ,-'
The Very Reverend. Archdeacon Ben
jamin F. Brown, of the diocese of
; Florida, is the guest of Dr. P. H. Con-
I radson, 640 St. Peter street.
Gen. William. P. Craighill. chief of
the engineering corps of the United
I States army, was In St. Paul yester
day. He Is about to make an inspec
tion trip down the river.
Ballington - Booth, ,of New York,
commander-in-chief : ,of the United
States Salvation Arniy forces, will ar
rive In St' Paul today and be tendered
a reception at Market hall at 3 o'clock.
! There will be a special meeting of the
St. . Paul Humane, society Friday (to
morrow) afternoon at 3 o'clock at the
society's headquarters, 141 East Ninth
street, at which time all members and
friends of the cause are invited to
be present ■■•-.'- :-..::
The Twin City .Transit company, it
is reported,, has .let a contract to the
Falk Manufacturing company, of Mil
waukee, for. the work .of joining to
gether all the rails In the street rail
way system : by- a patent joining pro
cess of which the Falk company has
the control. Instead of using the ordi
nary plates, -the ends of the rails are
welded ■ together. -
MARRIAGES.BIRTHS.DEATHS
. Marriage - . Licenses. -
William F. Walterstorff.. Minnie Meier
John Byron.. Lavania Garbe
J??".?????'.^; -?- :■: ; • Births.
Mr. and Mrs. S. H. Clark Boy
Mr. and Mrs. Michael Ke11er........ 80y.
Mr. and Mrs. F. H. Llndlg Boy
Mr. and Mrs. William Bulera Girl
Mr. and Mrs. William Schwartz Boy.
Mr. and Mrs. S. A. PurtelL.Twln girls
Mr. and Mrs. Felix M. May.... .....80y
Mr. and Mrs. O. L. Baker ...:;.. Boy
■-;-;-' .-■/■ Peaths. ; -s -z\
Ida H. Schwartz, 27 Magnolia 30 yrs
Alfred Wolf, Rosetown,^Mlnn....4 mon
Swan Johnson, 52 Phalen Creek..37 yrs
H. Martinson, 485 E. 8e1v1dere....33 yrs
ANNOUNCEMENTS. =
THfc Annual meeting of the
stockholders of the : Great Northern
Railway Company for the election
of three ' directors to serve for the
. term of three years, and for the
transaction of such other business as
may come before it, will be held at
-j the offlc* of the company in St. Paul,
Minn., on Thursday, October 10, 1893,
' at 12 o'clock' noon. Edward T.
Nichols, Secretary. St Paul, Minn. ;
September : 28, 1595.
THE. ANNUAL ? : MEETING OF THE
stockholders •- of the St. Paul, M in
neapolis & Manitoba Railway Com
pany for the election of a board of
directors, i and . transaction of such
other business as may come before It,
will be held at the office of the com
. pany In St. Paul; Minn., on Thurs
. day, October ,10, - 1895, at 11 o'clock ln
the forenoon. Edward Sawyer, Sec
retary. ' St.. Paul, Minn., September
38, 1895.-. ■■-■-■- ■- - ■.- -.
- DIED.
MARTINSON— HennIng Martinson, at
his residence, '485 East Belvldere
street. Funeral from his residence
at 1 p. ;m. today. Friends are cor
dially invited to attend.
SCHMID-^-Dled Wednesday, Oct. 2, 1595,
:. at 5:30 a. m., at family residence, No.
91 - South -Wabasha . street, Albert
■ Schmld, aged 55 years. Funeral from
: . residence Saturday, Oct 5,' 1895, at 2
p. *m. * Member of A.O. U. W. No."
86.'- Friends Invited. - - . ■
IllliSSll
Machinists and Designers. ,-•-'?/
Brass Founders .< and ; Finishers. Electro
Elating, Manufacturers of Electric Heating
and Gasoline Lightinc* Specialties. Office -
and Works, ■..-'-■?■
FOOT? OF MINNESOTA STREET.
Telephone 1576. . .M. l'aul. Minn. .
Sfr?PETEß~ST??~G7'3^Lai'ge~f'rrnishTd :
.-.front room for. rent; all modern cou« I
| X«nience*, - _ .— --- -„ \. '_-- *■« •---';'■. ■ : :- t
I AMUSEMENTS.
I — _
Metropolitan.
Prices -25, 50. 75c and $1.
1 TONIGHT, MAT. SATURDAY"!
I TOMORROW ■ . __-
I siiiiiTAxi) I Edwin in. Royle's
I Saturday. I Favorite Comedy Drama,
,f nitNlJo.
Commencing I Garrick Burlesque Co. In
IggjgKj THRILBY,
Metropolitan,
L. X. SCOTT, - - - Manager.
§o«S. G Sunday, Oct. 6
THE . - - £
GarrM Burlesque Co.
Direct from tbe Garrick Theater. New York
in Herbert and Puemer's Operatic p-
Burlesque,
•THRILBY*
Under the sole direction of Mr. John P.
Slocum. The original Cast, Scenery and Ef
fects. Sale of seats commences this morning.
GRAND-
AND BALANCE OF WEEK,
MATINEE SATURDAY,
IF For ——•
Via, i ™ r " .&&J&I.A
by Mr. X— ■ V&&W
s?*..Faip 9
Frank «f ■ ■ m
Bis.ViPOßniaii
.' All of the original scenery and the same
great east as seen at the Fifth Avenue 1 hea
ter, New York.
PRICES, $1.00, 75c. 50c, 25c.
Next Sunday... ...DAN'L SULLY
§ AUDITORIUM !
Sunday. Night. Oct. ti,
AGAIN, T. P. Brooke and
Chicago Marine Band,
Assisted by Miss Minnie
Methot, prima donna so
prano. Secure reserved
seats at Nathan Ford's Mu
sic Co. . Prices only 250
PEOPLE'S CHURCH,
Pictures of English Life.
Six Illustrated Lectures by
Samuel G. Smith
History, Art, Literature.
"Ancient Britain."
50 Stereopticon Views.
TOMORROW NIGHT.
Course tickets. $1.00. Single tickets'
26c. At Howard. Far-veil & Co.'s.
Course tickets will not be sold at the door.
The Oldest and Best Appointed Studio .
in the Northwest.
1850(7^^^22^1895
09 and 10l East Sixth Street.
Opposite Metropolitan. Opera House.
[EXQUISITE PHOTOGRAPHY
?; For a Short Time Only.
One uOZi tr-oxm best* work?", $3
' Outdoo r and commercial work a specialty
EafMr. Zimmerman's Porsonnl Auentiu*
AppciutinanUt. Tci»pUoue 10, "i. -