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Highest of all in Leavening Power. — Latest U. S. Gov't Report
FOUR AHE REVERSED
HALF OF THE SUPREME COURT'S
LATEST BATCH OF LEGAL
REVERSE THE LOWER COURT.
LIABILITY OF EMPLOYERS FOR
DAMAGES IS AGAIN ELUCI
DATED IX COURT.
fASE OF A CAR OF BAD BAN AX AS
Results in a Disagreement Between
the Two Branches of the
Of the eight decisions handed down
by Judge Buck, of the supreme court,
yesterday, four reverse the decisions of
the lower court. Among the subjects
of contention adjudicated are the evi
dences of fraud ln mortgage transact
ions, the liability of employers for in
juries to employes, and the interpreta
tion to be placed upon business mes
ages. The syllabi are as follows:
Ingrl Olson, appellant, vs. Northwestern
Guaranty Loan Co., defendants, Tabatha
Lapsley and Mary Hazzard, intervenors, re
1. Payment of the amount due upon a
mortgage to the mortgagee, by the mort
gagor after the mortgage has been assigned,
but without notice of the assignment, by the
mortgagor, will extinguish the mortgage.
Johnson v. Carpenter, 7 Minn., 176, followed.
2. Payment of a mortgage by the mort
gagor to the mortgagee before maturity with
the accrued interest to day of payment, is
no evidence of bad faith, nor is a want of
good faith to be inferred because the mort
gage was not produced at the time of the
payment. Judgment reversed.
Gustav Martini, appellant, vs. Neils Chris
tenson et al., defendants, John B. Arend,
Evidence considered and held sufficient to
Justify the finding of the trial court.
Theo. Basting, as receiver of Minneapolis
Times Co., respondent, vs. Northern Trust
Evidence considered and held sufficient to
Justify the finding of the trial court.
Mary Clarkin et al., appellants, vs. The
Biwablk-Bessemer Co. (a corporation) et al.,
Certain contractors erected a boarding camp
upon mining property, where they were en
gaged in mining, under contract with the
owners of the property and by permission
of the contractors. Plaintiffs occupied the
camp and boarded the contractors' work
men. Subsequently the contractors aban
doned the contract and premises, and plaint
iffs intended and attempted to remove from
the camp with their property used therein,
but were delayed by reason of the severity
of the weather, dangerous sickness of a mem
ber ot their family and financial inability in
obtaining another place. The defendant com
pany resumed possession of the mining prop
erty and stored a large amount of dynamite
In a building thereon, situate within thirty
three feet of the boarding camp, and about
three weeks thereafter this dynamite, while
being heated by defent^tnts, exploded, dam
aging plaintiffs' personal property situate in
the boarding camp.
Prior to the explosion, defendants notified
plaintiffs that if they remained ln the board
ing camp they would do so at their own
risk, but gave them no notice to remove from
the camp and took no legal steps to compel
them to do so.
The defendants stored the dynamite in the
building about three weeks before the ex
plosion and while the camp was still occupied
by the plaintiffs.
Held, 1. That under the facts appearing
In this case the plaintiffs remained ln pos
session of the boarding camp as bare licen
sees, and that the question of whether they
had reasonable opportunity to remove from
the boarding camp with their property be
fore the time of the explosion, was a ques
tion for the jury.
2. While the plaintiffs were in the actual
possession of the boarding camp, as bare
licensees, the defendants would be liable for
damages to plaintiffs' property therein sit
uate resulting from the explosion of the dy
namite, if the explosion was caused by de
fendants' want of ordinary care and skill
In its management, although in their lawful
nossession at the time. Order reversed.
v —Buck, J.
John A. Swan, respondent, vs. Adolph Munch,
substituted appellant for Anna Munch, de
ceased, appellant; John R. Johnson, re
spondent, vs. Adolph Munch, etc., appel
lant; John Hoten, respondent, vs. Adolph
Munch, etc.. appellant; C. F. Carlson, re
spondent, vs. Adolph Munch, etc., appel
lant; August C. Carlson, respondent, vs.
Adolph Munch, etc., appellant.
A wrongful entry upon land, under a
claim of right, inconsistent with the title
of the true owner, with continued posses
sion and the exercise of acts of ownership,
hostile to the »-ights of the owner, but with
out any pretense of paper title, may ripen
Into title by prescription. Village of Glen
coe vs. Wadsworth, 48, Minn. 402. followed.
This rule applies to an easement in real
property. And where the claimant needs the
use of the property from time to time and
so uses It, this is a sufficiently continuous j
use to be adverse, although It is not con- !
stant. Rule applied in this case, and held I
that the building of a dam across Snake j
river and the continued adverse use of the j
dam whereby the water of the river was ob- j
structed and thereby overflowed plaintiffs'
land during the months of April. May and
June in each year for the purpose of sluic
ing logs for a period of fifteen years was
sufficient to create an easement in plaintiffs'
premises by prescription during the said
three months in each year. Order reversed.
John B. Cefalu et al., respondents, vs. Fltz
simmons-DeiTlg Company, appellant.
The defendant, a dealer in fruit at Du
luth, ordered from the plaintiffs, whole
salers at New Orleans, a car of good Hon
duras bananas, to be shipped to St. Paul
in care of the Duluth railway.
They were so shipped, received by the rail
way and carried to Duluth. where they were
for the first time inspected, and found not
to be as ordered. Thereupon the defendant
Wired the plaintiffs as follows: "Car of
bananas here subject to your order. Not a
first-class banana in the car," and received
in reply the following telegram: "Take
fruit; will write." The defendant then took
and disposed of the fruit.
Held, that an acceptance or rejection of
the fruit at St. Paul was waived, and the
Highest Honors— World's Faiiy
MOST PERFECT MADE.
A pure Grape Cream of Tartar Powder. Fret
- (nin Ammonia, Alum or any other adulterant,
40 YEAkS THE STANDARD.
defendant Is liable only for the reasonable
value of the fruit. Order reversed.
Union Iron Works, appellant, vs. Frederick
0. Kilgore et al., defendants; Ambrose E.
Everts et al., respondents.
An order attached to an account directing
its payment to the party named in the order
and delivered to him operates as an assign
ment of the debt or account, although the
order is not accepted by the debtor, and is
valid as against a subsequent garnishment
Order affirmed. —Buck, J.
Charles L. Kiewert. appellant, vs. Peter An
derson et al., respondents.
1. Homestead interests are favored by the
constitution and statute and laws applicable
thereto should receive a liberal construction.
2. A homestead right once acquired is a
valuable one, and an act of the legislature
extending the limits of a city so as to in
clude the homestead, while it retains all its
characteristics as such will not operate to
reduce or diminish the rights of the owner
of the homestead therein, unless the land
surrounding It has become urban in its
3. Where the homestead situated within
an Incorporated city is used for agricultural
purposes and surrounded wholly or partly by
laid out and platted lands, rural in character,
this does not affect its homestead character
so long as the homestead land itself Is not
laid out and platted.
Order affirmed. —Buck, J.
DISTRICT COURT ROUTINE.
New Cases —
65,280— Charles F. Swan vs. Mary Routh
and George E. Routh; suit to correct a de
scription in a mortgage and to recover $500
on a note.
65,2S1— Charles F. Swan va. Mary Routh
and George Routh; to recover $500 on a note
given to Eliza C. Darrah.
65,282— Karl Heller vs. Sarai E. Dickinson
et al. ; suit to recover $25,000 on a note.
65,283— Peter Raven, as assignee, vs. C. P.
Howes; affidavit and demand for a change of
65,284— W. S. Conrad vs. W\ F. Milbery et
al. ; suit to recover $250 on a promissory note.
Settled With ths Creditors.
Judge Brill has ratified the compact made
with the creditors of Robert Seeg«r, insol
vent, by the assignee. Money on hand will
pay 23 per cent on all claims, and the cred
itors agree to take notes for 27 per cent ad
ditional, making the 50 per cent agreed on
as the basis of settlement. Mr. Seeger will
now be given the management of the prop
Question of Liens.
Judge Kelly has filed a decision ln the
case of Josias N. Rogers, plaintiff, vs. Ad
ams Express Company, defendant, and Ar
thur P. Yorston and Joseph A. Yorston, co
partners as Yorston Bros., intervenors. The
court decides that the intervenors are en
titled to judgment against the plaintiff and
also to possession of the personal property
described in the complaint, which if deliv
ered to_ Intervenors, he sold to satisfy a lien
for $145 held by the Intervenors. In case
possession of the property cannot be obtain
ed, the intervenors are to have Judgment
against the plaintiff for the amount stated,
together with costs and disbursements.
In an accompanying memorandum the
court holds that under section 6,247, statutes
Minn., 1894, a Don-resident can obtain and
hold a Hen.
CONVICTED OF GAMBLING.
Hellbron Guilty of What Book
makers Call Welching;.
Judge Orr and a jury of twelve spent
the greater part of yesterday listening
to the evidence and objections of the
attorneys who were engaged in the
trial of Julius Heilbron. The charge
against Heilbron was that he main
tained and operated a policy shop
where those who wished could put a
dime or more on "gigs," "saddles,"
"spiders" and other devices known only
to those who patronize the game. The
complaining witness, A. K. Clark,
testified that for two months he had
been working for Heilbron writing
tickets. The evidence also brought out
the fact that had Heilbron paid a ticket
for $32.50, which a man named Young
had taken a chance on, the case might
never had been brought into court.
On June 6 Young invested 10 cents
with Clark in a "capital saddle." That
is he wagered a dime that 20 and 22
would be the first two numbers out of
the wheel on that day. Unfortunately
for those who were backing the game,
and it was alleged that Heilbron was
one, the numbers did come as Young
had wagered. He should have been
paid $30 for his guess but Heilbron
intimated that the drawing must have
been irregular and refused to pay.
Young went first to Clark, who had
sold him the ticket, and Clark fell back
on Heilbron for the funds. Young
then went to Heilbron but was given
no satisfaction and still has his ticket
which was introduced as an exhibit
on the trial yesterday. The case was
summed up at length by Assistant City
Attorney Oppenheim for the prosecu
tion and D. F. Peebles for the defen
dant. The jury were out but a short
time and returned a verdict of guilty.
At the request of his attorney, sentence
will not be passed on Heilbron until
July 22. The court may impose a fine
of not more than $100 or ninety days or
less, as in his discretion he sees fit.
On* of the Oldest Settlers of Minne
Henry Dougan, whose death Tues
day morning resulted from an accident
the afternoon previous, was well known
in this community. He was born near
Newry, county Armagh, Ireland, Feb
2, 1821, where he was brought up on
his father's farm. He emigrated to
Canada at the age of 21. and located
in Montreal, where he was employed
in a hardware store for fourteen years
when he removed to Kingston, Canada'
and was there engaged in the same
His health having become impaired
he removed in 1862 to this city, where
he has since resided. For some years
after his arrival in St. Paul, he was as
sociated with W.A. Temple in the cloth
ing business, when the state of his
health demanding a more active em
ployment, he engaged in a real estate,
heme renting and collecting business!
Though never robust, he has always
been a very active man, and his well
known face and figure will be greatly
missed on our streets by the older citi
During his residence In Canada, he
was an active member of the Methodist
church, sometimes officiating as prea
cher, but soon after his arrival here,
through his acquaintance with, and ad
miration of, Rev. Dr. Mattocks, he be
came connected with the Presbyterian
church, and was prominently active in
the work of the Young Men's Christian
The loss of his wife two years ago,
to whom he was devotedly attached,
was a severe blow which visibly affect
ed his health and spirits. He leaves a
family of four sons and five daughters.
Assembly Meets Tonight.
The principal matters to be considered by
the assembly at its regular meeting tonight
will be the question of the confirmation ot
the appointments of men to the police force
who are over the age prescribed by law, and
the resolution authorizing the erection ' ot a
separate school ln the Eighth ward on the
city's property at Albemarle and Wayrata
Valuable Franchise Secured.
The franchise of easy digestion— one of the
most valuable in the gift of medical science
can be secured by any person wise enough to
use Hostetter's Stomach Bitters, either to
suppress growing dyspepsia, or to uproot It
at maturity. Bilious, rheumatic and fever
and ague sufferers, persons troubled with
nervousness, and the constipated, should also
secure tbe health franchise by ths same
THE SAINT PAUI, GLOBE; THURSDAY , jVht 16, 1890,
GUT OFF Alilt PEHQS
STATE BOARD OP CORRECTIONS
AND CHARITIES WOULD AIIOL
ISH THE PERQUISITES
OF STATE INSTITUTIONS.
RECOMMENDATIONS OP IMPOR
TANCE ARE MADE TO THE
WORKHOUSE • SENTENCES, TOO.
Tho Board AVunts None Less Than
Ten Days and Many of Them
The annual meeting of the state
board of corrections and charities was
held ln the office of the board at the
state capitol yesterday morning. There
were present Hon. C. Amundson, of St.
Peter, presiding, with Hon. E. S. Dur
ment, of St. Paul. Dr. W. W. Folwell,
of Minneapolis, Hon. C. P. Maginnis,
of Duluth, Hon. J. H. Rich, of Red
Wing, and Hon. J. B. Wakefield, of
Blue Earth City. Governor Clough,
the president of the board was unable
to be present.
Secretary Hart presented his quar
terly report of visits to the hospitals
for the insane, to the county poor
houses at Becker, Crow Wing, Cotton
wood, Muray and St. Louis counties;
also to the county jails of Aitken,
Becker, Clay, Crow Wing, Fillmore,
Goodhue, Hennepin, Kittson, Martin,
Olmsted, Nobles, Polk, St. Louis and
Wasecan counties; and to the lockups
of Avoca, Brainerd, Hallock, Jackson,
Harmony, Slayton, Windom and
The secretary reported a marked di
munition in the amount of mechanical
restraint employed at the Fergus
Falls hospital. In June, 1895, 10 pa
tients spent an aggregate of 1450 hours
in the "protection sheet." In June,
1896, 4 patients spent an aggregate of
280 hours, a decrease of 80 per cent.
The officers of the hospital show a dis
position to do every thing in their
power for the benefit of their patients.
The reports show a permanent incre
ment to the poor house population as
a result of the hard times. The re
port for June, 1896, shows a total of
460 inmates in the poor houses of the
state, as against 381 June 30, 1892.
The committee on jails reported as
follows respecting plans for public
buildings, the report being adopted in
each case: Plans for ' the Kittson
county jail to be disapproved as orig
inally filed but approved as subsequent
ly revised by the board of county com
missioners. Plans for the Big Stone
county jail to be approved subject to
certain suggestions dut the county com
missioners were advised against erect
ing the building at the present' time;
plans for the Stewartville lockup to be
approved without qualification; plans
for the Utica village lockup to be dis
approved as originally submitted but
approved as revised by the village
council; plans for the Elgin lockup and
the lockup at Clara City to be disap
proved until modified by the village
councils; plans for the Harmony vil
lage lockup to be approved subject to
At the request of the commissioners
of Otter Tail county the board author
ized them to continue to maintain a
county poor house but advised them to
take immediate steps for the erection
of a new building, for the reason that
the present building lacks every re
quirement for a suitable poor house!
The board took up the question of
recommendations to the next legisla
ture. It was voted to renew the fol
lowing recommendations made to the
last legislature: Ist. To prohibit work
house sentences of less than ten days
and to adopt the system of cumilative
sentences increasing with each convic
tion. 2d. That convicts in the reform
atory be employed as far as possible
on the erection of buildings at the re
formatory. 3d. That a separate resi
dence outside of the institution be pro
vided for the superintendent of each
state Institution with an adequate sal
ary and all perquisites cut off. 4th
That a liberal appropriation be made
for industrial training at the stat.
Hon. E. S. Durment, Hon. J. H. Rich
and Secretary Hart were appointed
delegates to the National Prison As
sociation at Milwaukee.
The following resolution was adopted :
That the board is gratified to learn of
the re-election of Secretary Hart as
general secretary of the National Con
ference of Charities and Correction?
and that the board sees no objection
to the furnishing of desk room in their
office to the clerks employed by him
as such general secretary, provided
that no expense is thereby imposed up
on the state.
DISMISSED WITHOUT CAUSE.
Mayor Dorain Makes a Place for
Capt. Pottgeiser and Patrolman Mul
care and Warren, of the Margaret
street detail, were given an audience
by the mayor yesterday afternoon.
Mulcare has been a member of the
force since April 1885 and while there
are no charges against him it is un
derstood that his resignation will be
asked for on the ground that his eye
sight is defective. Warren, who has
been a member of the force for over
nine years, could not be charged with
having poor or defective eyesight but
his resignation was demanded and i
handed in and Soren Sorenson appoint
ed to fill the vacancy. This Is the
third time Sorenson has been appointed
to the force in a little over two years.
When Mayor Wright flrst took his seat
he was appointed a patrolman and
after a short service resigned. In
January 1894 he was again appointed
and served some months as messenger
to the mayor. He was dismissed on ;
June 7, 1894, and since that time has j
been operating an elevator ln the New j
York Life building.
■WILL PICNIC AT THE FORT.
Retail Llqnor Dealers Preparing for
Four new members were enrolled ln
the Retail Liquor Dealers' association
yesterday afternoon. The organization
now has a membership of 110, and a
number of applications which have not !
as yet been acted upon. Committees
were appointed yesterday to make ar
rangements for the annual outing of
the association, which will be held at
Ft. Snelling park on August 16. Mu
sic, dancing and a programme of
sports open to members will add to the
attractions of the picnic. A member of
the society speaking of the benefits
to those who have joined said that
none of the men who have been ar
rested for violating the midnight clos
ing ordinance were members of the as
HURT BY A RUNAWAY TEAM.
H. B. Yollter and His Daughter
Dr. H. J. O'Brien's team ran away,
yesterday afternoon, and before the
horses were caught two persons were
run down and severly injured. The
doctor had left the team in charge of
a driver at the corner of Farrington
and Kelson avenue and stepped in to
visit a patient. One of the steeds be
came fractious and the driver left the
carriage to fix the harness. In some
way the neck yoke became separated
and the team started on a run down
the avenue. The driver held on for a
time but waa obliged to let go hie hold
on the refne, the horse* making the
pace too swift for him.
At the corner of Sixth and Summit
avenue H. B. Volker and hia daughter,
Elizabeth Volker, rwere crossing the
etreet Miss Volkewsaw the runaways
coming and started; to turn back. Just
then the team swdrved and ran into
the frightened oouple -knocking them
down. Both Mr. anfl Mlsa Volker were
carried into a neighboring residence
and shortly afterward- were taken to
St. Joseph's hospitafl. Mr. Volker had
his left knee sprained and was some
what bruised. Miss Volker's injuries
were much more severe and she was
badly bruised. No.xbones were broken
*■ h \ shock to her system was such
that she was unconscious for some
time. Last night she was reported as
Smith l a Hot Insane.
John Smith, the old iman who on Tuesday
was ordered committed- to the Rochester asy
lum for the insane, had his case reopened
yesterday. On the presentation of new facts
and evidence, Court Commissioner Benn
Davis ordered his discharge from custody.
Joseph Florin, a single man aged 80 years,
was examined and committed to Rochester.
He is not violent, but sickness has shattered
■ — ■ m
SHE SOAKED HER HEAD.
An Innocent Servant Is Made the
Butt of Jokes.
Detroit Free Press.
"Apropos of slang," said the man
from the Hub, "you all know— for it is
a matter of history— that we, the peo
ple of Boston, speak a purely classic
language, and much fun is made at
our expense by would-be wits on that
account. But when I lived West with
my family for a few years I acquired
the pernicious habit of using slang.
Strange to say, I learned it from hear
ing my own boys, who were so capti
vated by it that years of Harvard have
not eradicated it.'
Everybody looked sufficiently im
pressed, and he resumed.
"We had _ new hired girl, a child of
nature, if ever there was one, and my
wife was much disteressed by her an
tics. I did not interfere, as it was an
unwritten law in the family that none
of its male members should give orders
to the help. And it was seldom that I
ever knew the name of the reigning
goddess of the kitchen.
"But the boys were proof against the
simplicity of this one. They poked fun
at her, sent her on fool's errands and
explained things backward, until the
poor girl's scanty allowance of brains
became completely befuddled. So I was
not surprised when 'I found her wait
ing for me in the hall to ask me what
time the 7 o'clock train left for Mills
village. I knew that the boys had been
"I looked at her simple moon-like
face, her shock of wild: hair, and, quot
ing the latest phrase I had heard on
the lips of my boys, J motioned her
away. "Go and soak your head," I re
"When I came home that night my
wife informed me that the cellar was
flooded and the girl half drowned. She
had taken me literally, but, I assure
you. gentlemen, she has cured me of
DANGERS OF THE DEEP.
Scientists Have Proven That Bacte
ria Are Found in Weils.
It has been -a widespread popular
opinion that the purity of water ob
tained from deep wells of the kind
known as driven wells, might be de
pended upon. Of late, however, there
has arisen a doubt of. the accuracy of
this belief, and scientific investigation
has now shown it to be erroneous. Ex
amination of water from a consider
able number of springs and deep wells
by the bacteriologists of the Massachu
setts State Board of Health has shown
that bacteria are present in water tak
en not only from springs and open
wells, but from carefully guarded wells
of quite extraordinary depth.
The results of the investigations
prove that Sternberg Abbott and other
high authorities were in error in be
lieving waters from deep sources to be
free from bacteria. Prankland, in his
"Micro-Organisms in Water," evidently
had doubts, but his investigations led
him to believe that such waters, al
though perhaps not wholly free from
micro-organisms, possessed a high de
gree of bacterial purity. It is diffi
cult, says the report of the board, to
find' deep wells in u*dnhabited regions.
!t is plain, however; that water abso
lutely free from bacteria is not ordi
narily obtained front even deep wells,
and that many deep/ wells contain as
numerous bacteria as are found in
many surface waters, s
JOHNSON AT HOME.
He Brought no State Papers from
NEW YORK, July '15.— Among the
passengers who arrived here today on
the steamer Vigilanda, from Havana,
was Gen. Bradley Tl Johnson. Owing
to his not having a- certificate of ac
climatization, he will be forced to re
main on Hoffman island until tomor
row afternoon. Gen. Johnson is not
the bearer of any letters or official
papers from United States Consul Lee
to the state department at Washington.
He will return to his home in Virginia,
as soon as possible after landing to
MYSTERY OF NARONIC.
Cleared Ip by a Bottle Found at
LONDON, July 15.— At the office of |
the White Star line in this city, news i
was received today that near Hoylake,
near Birkenhead, a bottle was picked
up recently, which contained the fol
lowing writing on a slip of paper:
"Struck iceberg, sinking fast, mid
ocean, Naronie Young." The steamer
Naronic, one of the largest and finest
freighters of the White Star line, sailed j
from Liverpool on February 11, 1893, J
for New York, and from that time to
this has never been heard from.
How the Heart Rests.
When one Is lying d*wn the heart makes
about 10 strokes less a minute than when
one is upright. Thfs means a saving of 600
strokes per hour, or about 5,000 heart beats
during the eight hours ; spent in bed. The
heart pumps six ounces of blood with each
beat. It therefore lifts 30,000 ounces less of
blood in a night of eight hours spent in bed
than when one. is in an upright position. The
blood flows Just so much the more slowly
through the veins when one is lying down,
therefore one has to sse extra covering to.
supply the warmth usually furnished by cir
Too Indelicate sfor Her.
"Why didn't I decline to have another ice
cream soda? Why, the fcdea of such a thing,
he would have thought 1 was in love with
Even in the swirl of'ithe new movement,
when the old landmarks af propriety wer%,
one after another, yielding to the encroach
ment of the resistless ocean of wakened as
piration, it was not permitted woman to thus
boldly disclose her heart.
Mistress — "Now, Sarah, I want you to be
very careful about breaking this vase. It
cost a great deal of money, and I would hate
to have it carelessly broken the flrst thing."
Sarah (three days later) — "There's your
v.-^e. ma'am, and I couldn't hare broken it
more carefully if I'd tried for a month."
GILL GOT fl DfyflK
OFFICER IIC DISGUISE RBrEIVES
THE HOSPTTAIJITY OF THJB
NOW A WARRANT IS ISSUED
FOR THE ARREST OF CHARLES
M'DERMOTT AND ANDY CAL.
CLUB IS LEGALLY ORGANIZED
And WiH Make a Test of
What Its Comparative UImIUn
A warrant was Issued last evening
for the arrest of Andy Callahan and
Charles McDermott on a charge of vi
olating the ordinance regulating the
sale of intoxicating liquors. The com
plaint was sworn to by Charles Gill
who alleges that on the night of July
14 he purchased one-tenth of a pint of
whiskey in a room on the second floor
of the building, 410 Wabasha street
The trial of the case will be awaited
with much interest, as it will determine
whether, under the law, a club house
can be conducted without rendering the
persons owning the same liable.
During the reform administration of
Mayor Wright, the "Owl Club" was
conducted on the second floor of the
building at 410 Wabasha street The
club had a large number of members
and was exceedingly well patronized.
Other saloonkeepers who had no char
ter and no club made a fight against
the authorities allowing the club to run
but it did all the same. When Mayor
Smith assumed charge of affairs in the
spring of 1894 the club ceased to be
patronized as extensively as formerly.
The organization, however, was main
tained and meetings and eleotion of of
ficers held at stated times as directed
by the charter. Soon after Mayor Do
ran took his seat and gave out his
midnight closing order the club took a
new lease of life,«and the membership
again commenced to grow. To make
sure of the legal standing of the or
ganization, new articles of incorpora
tion were filed with the secretary of
state a few days ago. None but mem
bers in good standing are allowed in
the club rooms and it has not been ex
plained yet", but probably will be on
the trial, how one of the minions of
the law secured admission to the room.
Some weeks ago one of the police of
ficials was furnished a key by one
of the officials of the club, and shortly
after midnight the members who were
present were surprised to see the door
open and two police officers ln full uni
form stalk into the room. They were
welcomed with effusiveness by the
manager, as soon as he could regain his
composure, and received the same
treatment usually offered visitors at
the rooms. It has been noticed since
that time, however, that only those
who were members of the club were ad
mitted to the rooms, the rule having
been strictly observed, especially as to
members of the police force.
The complaint alleges that the license
granted to sell liquors a t 410 Wabasha
street provides that such liquors shall
be sold on the flrst floor of the build
ing, and it is understood that special
stress wil be laid on this point. The
managers of the club, however, claim
that the club room Is not the saloon
mentioned, and that the liquors are
disposed of to members the same as in
other clubs ln the city with more pre
tensions but not any more legal right
than the "Owl Club." A test will there
fore be made on this point, as to where
the legal lines governing social organi
zations may be drawn.
McDermott and Callahan were ar
rested last evening by Serg. Ross and
taken to the central station. They were
released shortly afterward on a tele
phone message from Judge Orr and will
be arraigned in' the police court this
Non-Union Men at Cleveland Again
Cleveland, 0., July 15. — Further dis
orders occurred at the Brown Hoisting
and Conveying works this morning.
The strikers and their sympathizers at
tacked the non-union men, while the
latter were on their way to work. In
numerous cases the non-unionists were
beaten with clubs and felled to the
ground. C. W. Jackson, one of the un
fortunate men, who was attacked by a
crowd of union men, received no less
than fifteen cuts on the face and body,
and had three ribs broken. For a time,
the police, who were greatly outnum
bered by the rioters, were unable to
cope with the mob. The officers on
duty around the works were finally re
inforced, however, and succeeded in
driving the enraged strickers back and
rescuing the non-union men.
M'ARTHUR. 0., July 15.— A cloudburst
struck this place tonight, accompanied by
lightning. Some houses Were deluged six
Inches over the floor. The reservoir broke,
two bridges were washed away, several roofs
blown off and three dwellings struck by
lightning. The Columbus, Hocking Valley &
Toledo railroad was badly damaged. It was
the severest storm ever known in this sec
New Stamp Sailers.
WASHINGTON, July 15.— M. L. Clark was
today appointed postmaster at Jamesburg,
Morton county, N. D., and George Strauss at
Kerchaven, Washington county, Wis.
Andm>'» Trip Delayed.
LONDON, July 15.— A dispatch received
here from Hammerfest, Norway, says that a
party of tourists who arrived there from
Danes Island, today, report that Herr An
dres's balloon house, from which he has
planned to set out on his aerial voyage to the
north pole, will not be ready before August.
It had been expected that the house would be
completed early in July.
Children Cry for
A tourist ln Switzerland, who was about
to make the ascent of a mountain, thought
best to ask some questions as to the capa
bilities of his guide.
"Is he a thoroughly skillful climber?" hs
asked of a hotel keeper.
"I should say so," exclaimed the inn
keeper. "He has lost two parties of tour
ists down the mountain side and escaped
without a scratch both times."
I Gail _ Borden]
I mfant Eagie Brand §
S Foo4 Condensed Milk 8
• " Infant Health," Is a. little book of •
2 great value that is sen* Uuut on appli- •
• cation. ' •
S N. Y. Condensed Milk Co. #8
J U Kndaan. Street, ffew Tork •
Special Prices on Negligee Shirts,
Light Underwear, Wash Ties
and All Summer Furnishings.
$20 and $25 Suits, $4J£ 8 00 During Our
in All Styles, for §m^ , Alteration Sale
BROWNING, KING & CO.
Seventh Street, Corner Robert.
OFF FOR MILWAUKEE.
Special Train Carrie* Delegates to
the Baptist Convention.
A special train over the Milwaukee
took the delegates from Minne
apolis and St. Paul to the national
B. Y. P. U. convention at Milwaukee,
leaving yesterday at 2:50 p. m. this
afternoon. Some 200 people went on the
trip which has as its object, besides
participation ln the affairs of the grow
ing organization, the capture of the '98
convention for Minneapolis. Rev. J.
W. Conley of St. Paul, chairman of the
western states division of the order,
heads the delegation.
Thirty delegates from North Dakota
and Minnesota to the convention, ar
rived in St. Paul in the morning and
were entertained at breakfast and din
ner at the First Baptist church by the
ycung women of the church. The young
people on the entertainment committee
at the church were Miss Minnie Silver,
Miss Helen Greggs, Miss Mary Randall,
Miss Emma Hager and Miss Nellie
Hope. The party proceeded to the con
vention with the Twin City delegation.
LATE SOCIAL NEWS.
The St Paul Theosophical society will meet
tonight at 8 o'clock in Room 537, Endicott
building, to continue the study and discus
sion of "Man a»d His Bodies."
The funeral of Louis B. Smith took place
yesterday morning at 9:30, and was under
the auspices of Eureka lodge, A. O. U. W.,
of which the deceased was a charter mem
ber. The pallbearers were: D. B. Merrill,
E. J. Romand, William Hendricks and I. L.
Mahan. The remains were taken to Hudson
Qulnby ft Abbott have offered to the W. C.
T. unions, for use as headquarters during
the Grand Army encampment, a number of
well located rooms in the Grand block.
Alden Krump fell from a Great Northern
freight train yesterday afternoon at the Great
Northern junction, and had both feet crushed.
He was t^ken to the city hospital, Minne
apolis, where both injured members will
probably be amputated.
Fill* a Look Felt 'Want.
She — "What have you there, George?"
He— "Oh. it's the new adjustable engage
ment ring— fits any finger. I have found it a
neat thing, I assure you. Will you try It
The Borton Llqnor Cnre.
Vegetable remedies, better than gold. In
stitute, 340 West Third st.
A Dellßlitful Resort.
Coney Island and Waconia, thirty miles
west of Minneapolis, on the Minneapolis ft'
St. Louis R. R., is one of the best fishing
and summer resorts in the state. Special
excursion tickets are on sale on Saturdays,
good to return until the following Tuesday!
at rate of JI.OO for the round trip.
Half Rates to Milwaukee
Via C, M. & St. P. Ry., account B. Y. P. U.
convetlon. Tickets on sals July Hth, loth and
16th, good to return, by extension, until Aug.
6th, 1896. For tickets and detailed informa
tion apply to agents of "The Milwaukee."
Low Rates to St. Louia.
On July 19, 20 and 21 the Minneapolis ft
St. Louis R. R. (the official route of the Na
tional and American Silver convention) will
sell tickets to St. Louis and return at one
For further particulars call on J. H. Whit
aker, C. T. A., 396 Robert street.
MARRIAGES. BIRTHS, DEATHS.
Mr. and Mrs. Henry Hoffmann Girl
Mr. and Mrs. Frank Podgorski Boy
Mr. and Mrs. Charles Wolf Girl
Mr. and Mrs. Martin C. Schuler Boy
Mr. and Mrs. Julius Wirth Boy
Mr. and Mrs. Joseph Eller Girl
Mr. and Mrs. Mathias Decker Boy
Mr. and Mrs. John Richter Girl
Zoi Carl, 90 Wilkin street C 2 years
H- W. Myers, 66 George street 50 year*
Robert Flynn, St. Anthony avenue. .4 months
Helen M. Svaurop, 593 Magnolia 13 months
Elizabeth Hall, House Good Shepard.24 years
St. Jean. 47f t University avenue. .71 years
REID— In St. Paul, at 7:30 a. m., Wednesday,
July 15, 1896, at the family residence, 316
Banfll street, James Reid, aged thirty-four
yekrs. Funeral from above residence at
8:30 a. m., Friday, July 17. 1896. Services
at the Cathedral at 9 o'clock a. m. Inter
ment at Mendota.
DOUGAN— In St. Paul, Henry, suddenly, at
his home, 437 Marshall avenue, aged sev
enty-five years. Funeral Friday, 2:30 p
m., from residence.
M'EVOY-In St. Paul, Minn., July 15, 1896
Mrs. Alice McEvoy, aged seventy-six years
Funeral from the residence of her daugh
ter, Mrs. Wm. Waldron, No. 65 Front
street, Friday, July 17, at 8:30 a. m. Serv
ices at St. Patrick's church at 9 a. m.
Friends invited to attend.
V? Friday Mfht, July 17th. W
M BEN JOHN3ON. Three Charming Plars. W
> WALTER HALE. THE BICYCLERS.' <
M GREAT liS HONOR BOUND. W
> CAST. MY TURN NEXT. <
H Seats Now Selling. Bicycles checked free, f)
| BASE BALL TODAY |
£ St. Paul vs. Columbus. &
£a aurora park. a
/a |&~Game Called at 300 O'clock. &
A Gifted Genins.
knowled B e e W „f eP nI ter had ******* that his
night r^taurV^ l^ " ,ate su "> e ° ««> all
ar?s* SJISfW and "a™ little controversy
XTfS"^ SS w^a G S ng lte a ;°^
Sa y." gasped he, out of breath "there's
A,St n i- tryln » t0 kIU the over at the
Australian restaurant. You'd better send a
reporter over there right away."
atX'ta^^ 1 Hampered
One at a Time.
From the Los Blaetter.
Clara— "Does your Intended know that
you wear false teeth?" '
t 14- ',' l f^ tend bre aking It gently to him I
I have already owned to one."
A Lovely OccaslonT~
First Vassar Student— "Oh! Em we've h»*
lovely game, and Urn lll'tirld
sco^?" d VaSSaF stude nt-"What was the
Vm!™JL V Sf Bar stud ent-"Ther b wasn't any.
l?& l^^nd* b V e To y re C t% d orZo n uJg
STS bbi t i h -.^u^ plre . It got to ° ™ «
o/woTk. 1 " 8 Wlf^" l h ° Pc y ° U are not afral *
rJ,™ m £ . ( T un f*sily)-I ain't exactly afraid,
bUt ..l* lw^ ayß feel fld * et y when here's
anything like that about.
DIRECTORY OF THE
MM Mb Houses
OF ST. PAUL.
The following is published dalhi for tht
benefit of traveling sqtysmen, Strang ;r« an*
the public genera'ly. It includes all tht
trades and professions, and cannot fait t*
prove of interest to all tv.'to intend transact
ing business in St. Paul.
Metropolitan, Sixth, near Robert st
Grand, Sixth and St. Peter streets.
Stxak s Tivoli. Bridge Square. Concert even
ings and bunday matinee. Admission frea.
Thauwald Bros.. 863-355 Seventh st
Bntter and Bggi.
M »t°n Dairy Company, 722 Wabasha st Tel.
Cut Rate Ticket*.
Corbett's, 169 East Third st
Edwards, 173 Third St.. 339 Robert st
Ransom & Horton. 99-101 East Sixth.
McOuire ft Mulrooney, 77-79 East 3d st
C. C. Emerson ft Co., 26 East Third su
Thuet & McNamee, 95 East Third st
De Camp ft Beyer. 129 East Third st
H. 0 Hemenway & Co., corner Third and
Dore ft Redpath, 70 and 72 East Third st
R. E. Cobb. 31-33 East Third st
Confection* r». Wholesale.
McFadden-Mulien Co.. 55 to 69 East 3d st
Express and Storage.
Kent's Express and Storage Company, 221 W.
Seventh st Cheapest and best
Tnbbesing Bros.. 100 East Third st
John Wagener, corner Twelfth and Robert
su„ and 486-488 East Seventh st ttoper »
Grand Central, corner Seventh and Wabas ha.
Loan* ou Watches, Diamonds, Far*.
Lytle's Loan Office. 411 Robert Room 1.
The Elk. Bl West Third st Tel. 268.
Milk and Cream.
H. Stebbtng (Como), 567 Dayton ay. AU cow*
guaranteed free from tuberculosis.
Hew* and Stationery. '
Charles L. Neumann, 224 West Seventh st
Plumnlns, Steam, Hot Water HeatT
McQuillan Bros.. 183 Western tr.
Ktaeet Metal Workers, Stoves umZa
Karst ft Breher. 188 West Third st
Theo. Bunker, corner West 7th and 6th sts
Wholesale Wine* and Liquors. *"
B. Simon. 297-299 East Seventh st
STATE OF MINNESOTA, COUNTY OF
Hennepin. District Court— Fourth Judic
In the matter of the assignment of Peter P,
Notice Is hereby given that the above
named insolvent has, by deed in writing
dated July 13th, 1596, made a general twsisn
ment to the undersigned of a 1! his proDertv
not exempt by law from levy and sale on
execution, for the benefit of all his creditors
without preferences, who shall file releases
of their demands as provided by law All
claims must be filed and presented to tha
undersigned for allowance.
.^ „ H ' °- PETERSON, Assignee
40S KasoU Bldg.. Minneapolis MinKa.