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8 fIOT EVEfI PRUDEfiT ATTORNEY GENERAL CHII.DS' CHARACTERIZATION OK D> UTH WATERWORKS MANAGERS. WOULD FORFEIT A CHARTER. HE FILES THE INFORMATION ASKED FOR I«Y CITY ATTORNEY BEN HAM. CAN NOT HEAR LAW POINTS, Hi- Saya, in tlie Fuee of Such a 'IVi-i-iiili- Mrnnce t« the Public Health. Duluth's water works case will go Into the supreme court at once. At torney General Childs has determined I that the charges made by City At- j terney Benham on behalf of the city of l>uluih, aiv sufficient to warrant him in bringing proceedings for the forfeiture of the charter of the com- i p::ny and in the statement accompany- i leg his decision, ho does not mince W( rds at all in speaking of the neglect ; of the officers <>f the company to prop- j erly care for the service they were , giving the community to which they I owe i heir franchise. After rehearing the application and : the grounds <>n which it is asked, he j ;-. ys: That the first ground is not supported strongly enough to merit ! m rious consideration. The question : of motive is dealt with as follows: 1 am aware of nothing in the evidence Which van st riously be urged as indicative j of an unworthy motive on the part of the city of Duluth in the matter. The alleged Indiscreet remarks of counsel s?t forth in one ; of the affidavits presented by the respondent i should not be charged against the city or the ity council. I may say. however, that I ] dc not regard it as susceptible of the meaning with which it las been invested by respond ent's counsel. It is undoubtedly the law that an infonna- I tion should net be filed when the law fur- j Irishes another adequate remedy, unless under j Ppeclal and exceptional circumstances. It la urged that the city of Duluth may enforce j or' terminate this contract by an ordinary | action, and this presents tl^e question whether i In this state a remedy enjoyed by a party other than the state is a bar to the right of the attorney general to proceed upon his ■ own relation in a plain case of misuser or j non-user on the part of a corporation. Mr. High says: "Tre better considered doctrine, however, undoubtedly Is that the existence of a statutory remedy does not oust the ju risdiction of the court by quo warranto or i prevent the people from resorting to other remedy to determine questions of usurpation l»f public offices." T!»> cases cited by counsel for the re spondent upon the question are. In my judg ment, overborne by the great weight of au thority. The reserved right of forfeiture of "ex cluslve franchises" for failure to supply good | and wboieaome water, found in Section G of ' the ordinance, not only is not an excluseive remedy, but it is rendered inoperative by | virtue of tho decision in Long vs. City of : Duluth, 49 Minn.. 2QO. wherein it was held the i-ity was not authorized by its charter to grant such exclusive privilege. 1 am of the opinion that whatever remedy i may bp enjoyed by the city in the enforcement of its contract rights with the company, Is ! not a necessary bar to the filing of an in- | formation by the attorney general. It is urged by counsel that the acts al leged do not constitute a violation of the franchise, but if anything, merely a viola tion of the contract, for which an adequate i remedy exists In ordinary legal proceedings, i 1 urn unable to concur in this view. The ! right to dig up the streets for gas l^ipes has been held to be a franchise. Ucpcated and willful conduct in supplying : the city and its inhabitants with unwhol some water, contaminated with the germs of disease and other foul substances is such | an abuse of the franchise as to justify a for fei'ure. Again, It is urged that the acts of misuser must continue to exist at the time of filing J the information, and it Is also said that the action of the city of Duluth in relation to the respondent subsequent to that time, when the alleged corporate misuser began, constitutes Here is a helpful list of prices that is full uf rich values. Prices for Today, Sept. 25. 27 Pounds Good Brown Sugar for $1.00. 18 cents For one peck £ood Sweet Potatoes. 5 cents F>t one dozen fresh, new crop Nut megs. Thej are nice, oily, spicy. Finer will never run over a grater. 50 Gents Per box for fancy Blood-red Cling Peaches— delightfully nice for pick -6 cents Per quart for fancy Cranberries. 80 cents Per box for California Peaches. 5 cents For large bottles American Quart Pickles. Give a thought to the size, the quality and the price. 5 cents For full size bars of Crystaline, a -scouring soap for cleaning and polish ing metal or wood, and that has no superior, irrespective of price. 32 cents For six-pound wooden boxes of Gloss Starch. 3 cents Per box for good Tooth Picks. 7 cents Per package of Pancake Flour. 5 cents Per'pound for pure lard. Bananas — delicious — just the right kind — quality the highest — prices reasonable. "GREAT BEAR TEA." A peerless Uncolored Japan, that is girt of two carloads just received, rice, 39 cents per pound, about half it ought to be priced. Yerxa Bros. & Go. a waiver as against the state. I am unable to subscribe to these views. The rule is equally well settled that a for feiture will not be allowed except under ex press limitation or for a plain abuse of power, by which the corporation falls>to fulfill the design and purpose of its organization. The evidence abundantly shows that from ♦.he year 1881 to the early months of the present year, the people of Duluth have been annually seriously afflicted with typhoid fever, from which disease 743 persons have died. The origin of the disease is still a matter of controversy between the city au thorities and the water company, the former attributing It to the water supply, and the latter denying it. The purity and wholesomeness of the city's water appears to have been first seriously questioned in 1890, possibly somewhat earlier. The earliest examinations of such water were made by Prof. Erastus G. Smith, in 1886, act ing on behalf of the company. Others have since been made, the experts judging somewhat differently as to the ques tion of wholesomoneas. The existence of deleterious matter In the water supply is set forth in several affidavits, in which is detailed a condition of affairs Which, if true, indicates gross negligence on the part of those entrusted with the manage ment of the affairs of the company. The committee appointed by the city coun cil to Investigate, severely condemned the methods of construction at the water works station. It is evident to my mind that the water thus supplied for several years past has been impure and unwholsome and unsuitable for domestic .use. Whether this fact is sufficient to Justify me in filing an information against the company depends upon the knowledge and wtJlful conduct, actual or presumptive, of its officers and agents. The lives and good health of the citizens of the state, or of any of Its political subdivisions, are of paramount imporatnee to it, and when, as in the case of the respondent, a company has been granted a franchise to supply a municipality with pure and wholesome water, a willful, flagrant and continuous disregard of Its duty in such re spect is not excused by the fact that it may have been acruiesced In, wholly or in part, by municipal officers. When it is made to appear to the attorney general that such a state of facts exists, it is his duty, regard less of the legal rights of the municipality or its citizens, to inform the court of the cor porate disobedience, and to ask for the diso lution of its charter. The duty is incumbent upon the company to employ every reasonable agency in order to keep itself constantly ad vised as to the character of the water which it distributes through its mains. Its patrons : are entitled to assume that the utmost vigil ance will be exercised in their behalf. They ! are helpless to guard against Its impurities. The company undertook to supply the people of the city with pure and wholesome water. The proximity of the several sewage outlets was well known, and it had reason to be apprehensive of contamination. It was ad monished by repeated typhoid epidemics to increased vigilance. Notwithstanding this, the evidence discloses that its intake pipe passed without inspection for several years; that it extended less than 360 feet Into the lake, and was in a seriously defective condi tion. Taking into consideration the configur ation of the lake shore the situation of the several sewers, arid the movements of the waters of the lake, the length of the in take pipe was insufficient to satisfy the de mands of ordinary prudence. Where a city is repeatedly visited by typhoid fever epidemics every proper test known to science should 1 c frequently applied with a view of acquisition of reliable in formation upon the subject. While the city of Duluth has been annually afflicted, the frequency with which analysis of the water was caused to be made by the company has not, in my judgment, been at all commen surate with the necessities of the case or the duty of the respondent. While this is true, they might, perhaps, if no other ground of complaint existed, suffice to acquit it of willful disobedience. The evidence discloses, however, a serious disregard of duty in another respect. Ordi nary precaution would have easily prevented the greater part of the evil complained of. G.ross neglect in this respect is charged, and the evidence wouid seem to substantiate it. The evidence of the master mechanic of the St. Paul & Duluth Railroad company evinces such a condition of the water supplied to tho city as to be almost incredible. It is In conceivable that its condition was unknown | to the company, and, if known, the conduct of its officers and agents responsible for the management was reprehensible in the ex treme. It is not the law of this state that a com pany which enjoys the unquestioned right of selecting its own officers and employes can successfully claim irresponsibility for repeat ed willful acts of misuser committed by and i through euch officers and agents. The pub- J lie welfare requires that such conduct shall be charged home to the corporation Itself. I have not overlooked the rights of bond holders who may be affected by the forfeit ure of the charter; nor of stockholders who have relied upon their officers and agents to properly conduct the affairs of the corpora tion. These considerations are necessarily subordinate to the welfare of the public which the corporation undertook to serve. From the evidence presented I am satis fied that the misuser of the corporate fran chise has been sufficiently gross, willful and repeated, to justify the filing of an informa tion. OLD HI'LKS ARE CHEAP. I.ng'c Mlnnrtimku Navigation Co. Schedules Are Filed. In the case of the assignment of the I^ake Minnetonka Navigation com pany several weeks ago the assignee yesterday filed a schedule of the as sets and liabilities of the company amounting in the former particular to $13,320, and in the latter to $14,435.39. The assets consist only of the property of the company used in its transporta tion business, including steamers and docks w r hich are rated as follows: Steamer St. Louis, $7,000; Belle of Min netonka, $3,000; Minneapolis, $150; Hat tie May, $500; Lotus, $1,500; Saucy Kate, $1,000; docks, $120. The principal creditors of the com pany are James B. Secombe, $5,734; Stcond National Bank of St. Paul, $3,500; Columbia National Bank of Min neapolis, $300; Bank of Minnetonka, $400; O. O. Sea lie, $278; C. A. Zimmer man, $3,389.16. All of the above claims, with the exception of that of C. A. Zimmerman, are on promissory notes without security other than indorse ments. The claim of Mr. Zimmerman is for services as manager of the com pany and for money advanced the cempany. The remaining liabilities amounting to $834.23 are for the wages of em ployes and supplies purchased by the company. PER CI'RIAM DECISION Handed Don v in a Soft Over Some Notes. The following decision was handed down by the supreme court yesterday: John F. Fredln et al., '/■espondents, vs. Ben jamin B. Richards et al. On the trial of an issue as to whether the defendants were the owners of certain money loaned by them and the notes taken there for payable to certain banks, the defendant offered in evidence certain conversations and correspondence between them and the banks tending to show that the money and notes were the property of such banks, and that the defendants in making the loan acted simply as loan brokers for the banks. Held, that such evidence was competent and relevant and its exclusion was error. Order reversed. DISTRICT COVRT. New Cases— 67.219— Alfred P. Kearn vs. Addle C. Kearn; action for divorce on grounds of desertion. 67,220— Anna W. Trombly vs. Charles Trembly; suit for divorce on grounds of de sertion. 67.225— Mathew H. Beers et al. vs. Thomas Cochran: suit to recover $1,174.37 alleged due on judgment entered In state of New York. 67,225 — Lena Hailey vs. George Hailey; ac tion for divorce on grounds of desertion. 67.227— Edith Bennett vs. Henry W, Ben rett: action for divorce on grounds of de sertion. 67.228— Robert B. Whitacre vs. Henry H. Gregg: action to recover $2,000 alleged to be due on promissory note. Writ of attachment Issued. 67,229— Christina McMullen vs. George E. McMullcn; action for divorce. Stuart's Dyspepsia Tablets cure dyspepsia bloating, sour stomach, nervous dyspepsia! constipation and every form of stomach trou ble, safely and permanently, except cancer of the stomach. Sold by druggists at 50 cents, full-sized package. COURT CIIXINGS. Matthew 11. Beers and others, as executors of the will of Samuel Inslee. has sued Thomas Cochran on a New York judgment for $1,174. Edith Bennett sues for a divorce from Henry W. Bennett. They were ma-ried at Hudson in 1889, and he deserted in 1893. Lena Hailey has sued George E. Hailey for a divorce for desertion in IS9I. They "were i married at Helena in 1890. Robert B. Whitacre has sued Henry H Gregg to recover $2.000 on a note. Rock Spring; Table Water has £U et. Paul Address, 40 W. 7th St, T«l. 141. THE SAINT PACT, GLOBE: FRIDAY, SEPTEMBER 25, 1896. IWILIt GITY STANDS MINNEAPOLIS' ASSESSED VAUA. TIOX IS NOT TOUCHED BY THE STATE BOARD. DULUTH REDUCED A TENTH. ZEMTH CITY FARES BETTER THAN ITS (IHEATEU BRETHREN INLAXD. MAW COIXTIES ARE BENEFITED B.v Redactions Made in the Finish lug Dii)» of the l.oi>n OfHclnl Session. The state board of equalization spent a hard day yesterday tinkering with the valuations In the various counties in the state, but at the end they had the .consolation that they were within ; sight of the completion of their labors, | as all that remains is the adjustment i of the burden to be put upon the tel j egraph and telephone companies. Hennepin county's assessment, after a long fight, was left as It was returned by the city board and the county auditor. Duluth fared even better, getting a reduction of 10 per cent in the assessor's figures. The former city had a big delega i tion over to argue pro and con the re- I duction. Freeman P. Lane spoke in I favor of raising the valuation, which I he said was an unjust discrimina tion against that of the rest of the i county. It made a premium on vacant ! city property and would cause a loss j to the state of $110,000. "Is there a complaint made," sakl I Mr. Lane, "that Assessor Plummer is not a fair and honest man cr that his assessment is not juat and equitable? Not at all. For unknown reasons a resolution, full of strange inconsisten cies, was passed by the county board. The resolution means nothing." Mr. Plummer had before him all the mortgages given the year previous, not including purchase, money mort gages. He said that $5,008,369 was borrowed upon an assessed valuation of $5,306,725. During the year 1895 there were 1,275 mortgages recorded with a total consideration of $3,533, --269, and upon the identical prop erty upon which this money was loaned Mr. Plummer has made an as sessment of $3,977,478. To cut the valu ation one-third would make a laughing stock of the city and brand the as sessor as a fool. This process, if car ried through, would fall heavily on the poor man. It cost Hennepin county $3,037,000 to transact its business last year, and it would cost still more this year. "We. are not all paupers in Minneap olis," shouted ' the speaker ironically. l -"There are a f ew m en over there who | can manage to pay their taxes. When i an attempt is made to enforce the col i lection of taxes, there will be a gigan tic ruction in Minneapolis. The only way I know of to get around the dif ficulty is to put the valuation back I where the assessor left it. Judge Hicks, in reply to Mr. Lane, - j eaid the assessor had made his as i eessment and the board had made a reduction of some 30 per cent in the valuation of the lands. He thought this should stand. Finally, however, the board passed the figures returned. ' This is quite a reduction from the figures of 1894, which were reduced 5 per cent by the assessor, and the remainder cut 30 per cent by the city board. A number of other changes were made by the board. In class 10, town and city lots, the following changes were made: Carver county, 10 per cent Increase; Dakota, increase, 5 per cent; Meeker, increase, 5 per cent; Morrison, increase, 10 per cent; Otter Tail, increase, 10 per cent; Renville, increase, 10 per cent; Rice, increase, 5 per cent; St. Louis, decrease, 10 per cent; Scott, increase, 10 per cent; Sherburne, increase, 15 per cent; Steams, increase, 20 per cent; Stevens, increase, 15 per cent; Waseca, increase, 5 per cent; Wright, increase, 5 per cent. In Class 7, the average value of lands per acre, the increases formerly de cided upon by the board were taken off in the following counties: Aitkin, Anoka, Fillmore, Grant, Le Sueur, Marshall, Martin, Pipestone, Polk, Mille Lacs, Sherburne, Traverse, Waseca, Wadena, Wilkin. In Becker county the 40 per cent In crease previously ordered was reduced to 20. Big Stone will be increased 10 per cent instead of 5. The 15 per cent increases in Brown, Houston, Lincoln, Renville, and Wash ington counties were reduced to 10. In Carver, Faribault and Rice coun ties, where a 10 per cent increase had | been ordered.only 5 per cent will be add ed. Twenty per cent ha-i been ordered added to the valuations in Chippewa, CMsago, Clay, Lac gui Parle and Yel low Medicine counties, but it was yes terday reduced to 10. Cottonwood. where a 15 per cent raise was ordered, will be raised but 5 per cent. Dodge county's valuations will be decreased 5 per cent. Freeborn county had been raised 23 per cent, but it was decided to lift it only 15. Meeker and Todd counties wtre similarly treated. Goodhue county, which had been rais ed 30 per cent, will only be elevated half of that. Kandiyohl and Otier Tail were raised 50 per cent, but yester day it was decided to let them off with j 25. Lyon, which had been ordered rais ed 35 per cent, will get off with 20. Morrison, Pope and Stevens counties had all been ordered raised an even third, but they will now get off with 10 per cent. Steams, which had been ordered fat tened 66 2-3 per cent, will get off with a6O per cent raise. Swift county, which had been scheduled to go up 45 per cent, will go up but 25. Wabasha, which was, in the 25 per cent class, was placed in the 10. The board will meet at 10 o'clock this morning, which will prohably be its last ses-sion. AHBHX CASE DROPPED. Police Score a Victory O-rer Prose cutor Oppenheim. The case of Police Officer John Ahem accused of having assaulted Peter Murphy the hotel runner, was yester day nolle prosequied by Judge Orr, • much tc the dissatisfaction of 4s | sistant City Attorney Oppenheim. Ever j since the complaint in the case was Issued Murphy has been rather weak kneed in the prosecution and several times he has shown a desire to with j draw, but this Mr. Oppenheim would i not permit. Yesterday when the case I was called the court asked Murphy if j | he had not, at the outset of the trouble, expressed a wish tc withdraw the com plaint and he replied that he had. Thereupon Mr. Oppenheim protested saying: "I object to the court asking ' the witness any questions at this time." This objection went unnoticed and the court aekc3 Murphy if it was still his ■wish^c have the case dismissed. He replied that it was, and the court then ordered the dismissal, stating that al though the complainant had asked be- j fore the first trial that the complaint be dismissed the assistant city attor ney had objected and an entire day had been consumed in a hearingr of the case with the result of a hung jury. The court further stated that since that time the complainant had again asked to withdraw the complaint and as the first trial had determined tn«t right of the court to try a police officer for assault and battery whether com mitted on or off duty there could be no reason for going further with the prosecution. BIXCOKD'THE OOMIMK. Rev. David Hoi-armi la Cruelly Fteeaeil. Rev. David Morgan, superintendent of the floating Bethfel, has been made the victim of misplaced confidence — has been buncoefl, so to speak, by one of his lodgers. -.His loss In money is only a small amimnt, but the set-back to his trusting Belief in human nature is irreparable. Several nights: ago a stranger ap peared at the ffiethel boat and en gaged lodging, for which he paid. In the morning he*. Bought Dr. Morgan, to present to him ?a letter of Intro duction from oife Gapt. Wheatley, of Chicago, he said} but when he arrived at that juncture of hiis monologue where the letter should have been pre sented, there was an awkward pause. In vain- he searched his pocketß— the letter could not be found. Then to his great chagrin the stranger real ized that he must in some way make the acquaintance of Dr. Morgan with out the aid of any letter of introduc tion whatever and the kind hearted superintendent, although he felt that the rules of etiquette would have been much better subserved by the presentation of the letter, hast ened to assure the embar rassed man that he would wuive that formality. He was not of very pre possessing appearance, this stranger. His clothes were ragged and his shoes well worn and a ragged pepper and-salt beard of several days' growth Indicated that he lacked even the price of a shave. These defects of the toilet were soon explained, however, for he proceeded to convince the optimistic superintendent that he had nothing but checks for large amounts, and while he might enter into some large financial project, had no change to buy clothes or pay for shaves. He said his name was R. C. Ham mond and he had just come from Chicago. He showed the superintend ent a check for $500 on the Northern Exchange bank, of St. Paul, pa«yable to R. C. Hammond and signed Susie Hammond, which he said he had re ceived in payment for labor as stone mason. He confided to the superin tendent that his great enemy was drink, and the statement was readily accepted, for he carried convincing proof right with him in the shape of a finely developed "jag." Upon the advice of Capt. Wheatley it was his desire, he explained, to board at the Bethel all winter and have Superin tendent Morgan act as his guardian and take care of his money for him. At this point he- turned over the $500 check to Superintendent Morgan and borrowed- 50 cents, whereupon he went out, aftr stating that he had an order on Michaud Bros, for some more money and expected to get another big check. The next day he placed in the hands of Dr. Morgan's daughter a check on the National German American bank for $485.15, signed Michaud Bros, per G," and borrowed 51 from her. Yesterday he indorsed the two checks and asked Dr. Morgan to get the money for him and keep It and above all things not to give it to him when he was drinking Then he borrowed $1.50 to go to Min neapolis after a satchel which was held for a board bill ana since that he has not called at the Bethel boat. Both of the checks were found to be worthless. GONJLJEY HAD HARD LUCK. Fell From a Stringer His First Day at Work, Matt Conley, an iron worker em ployed by Butler & O'Brien, on the ad dition to the Northern Pacific railway offices now in process of erection, had a fall while at work yesterday, which injured him quite seriously. Conley, aithough an experienced iron worker, had been out of employment for some time and it was only yester day that he started to work. He was ■engaged with others of the workmen in erecting the iron framework of the building and was on the second floor putting the stringers in place when he missed his footing and fell to the next floor below, striking on a pile of lum ber. The bones of his left arm were fractured near the wrist and his head was somewhat bruised and cut above the left eye. He was taken In the city ambulance to his boarding place 193 Fuller street. SAY HE IS AX EMBEZZLER. James Craig's Employers Make a Serious Charge. James Craig, formerly cashier of the American Biscuit and Manufacturing company, 62 East Fifth street, is under arrest charged with embezzlement Ihe warrant upon which he Was taken into custody is sworn to by Allen L Tories, manager of the establishment and, although the amount named is only $52.37, it is claimed that Craig Is short in his accounts to a much larger amount. The alleged embezzlement Is said to have beea in the cash receipts of the concern, there being a large quantity of good* sold daily for cash and tho proceeds turned over to the cashier. Craig was arrested yesterday at noon by Detectives Daly and Campbell and went to the central station with out protest. He declines to talk of the cause of his arrest, and the members of the firm are unwilling at present to make a statement further than is given above. Craig is married and lives ac 1882 Dayton avenue. NEED NOT HAVE WORRIED. Assessed Valuation Was Not Molest ed at All. Ctty Comptroller McCardy received a letter yesterday from Blodgett, Mer ritt & Co., a firm of Boston bankers, inquiring whether the assessed valu ation of St. Paul was to be reduced this year, and if so, whether such re duction would be so great as to Inter fere with the St. Paul bonds still re maining a legal investment for New York savings banks. The letter also requested the comptroller to furnish the latest statement of the city's debt. In reply to the communication Comp troller McCardy favored the Boston bankers with the following financial statement: "Regarding our debt statement, it stands this morning as follows: Ponded debt $5,872,100 Water bonds 2,4«0.0f10 Tax levy certificates issued for 1896.. 1,055.000 Total $9,3R7.100 Less sinking fund 351,000 Net debt $9,036,100 "On Jan. 1, IS9B, tfte debt wan $9,472, --177. This Is a reduction of $436,077. We will not issue any more certificates this year and will not issue any more bonds this year, having sufficient money to carry us through without either. "Yours for McKihley and sound money." HIGH HINDOO LAW. Reports of a C«-»itnrj- Received by the Mate, Probably no more Interesting con signment of boote was ever received at I the state librarythan that which came I yesterday, being inothlng more nor less then 76 volumes lof Indian law reports, covering the decisions of the high courts of Hiiidcstan from the eighteenth cen tury down to the present days, i,ra£ti cally. It Is likely that the reports will I now be kept up to date. While the subjects coming up for adjudication In these latter day 3 are much the same as in other lands, there are occasional clashes in which customs indigenous to the soil are at issue, and ihe names of the litigants and counselors, and even the bench, are enough to seriously en danger the flexibility of the American tongue. SAVORS Op THE SOO ITS I'\SSK\(iKH AGENTS AND OF FICE CLERKS ORGANIZE A NEW COMPANY. HAS THREE MILLION DOLLARS. IT WILL BE KNOWN AS THE Dl - LITH, SUPERIOR & WEST ERN. FROM niLITH TO AX V WHERE In the Red River Valley, Seeinn <o Be the Road* Prospective Itinerary. Three million dollars is the amount of capital stock accredited to the Du luth,Superior & Western Railroad com pany, which filed articles of incorpora tion in the office of the secretary of state yesterday, and, as it proceeded through its attorneys, Munn, Boyesen & Thygeson, to deposit the necessary fee of $1,525 for filing the articles, it is safe to assume that it knows or thinks it knows where the money is coming from, in spite of the fact that none of the incorporators are known to the general public as bloated bondholders, or even railroad magnates. The articles state the purpose of the road to be the construction of a line westerly and northwesterly from Du luth, or "some point in its vicinity," to some point on the boundary of Minne sota, in the northwestern corner of the state, either on the Red River of the North, or on the northern boundary be tween the river and Lake of the Woods or to both of these points. The project, it will be seen, is de lightfully vague, but there seems to be reason to believe that the selection of this terminus will depend upon the lo cation at which the Canadian Pacific's new branch intersects the international boundary. That road is evidently seek ing an outlet direct to Duluth. The personnel of the incorporators would indicate this. They are nine in num ber, three each from St. Paul, Minne apolis and Duluth. The St. Paul men are Leonard A. Larsen, who, accord ing to the city directory, is a clerk liv ing at 233 East Thirteenth street; H. E. Huntingdon, who is the city passenger agent of the Soo-Pacific, and Frank Jones, who is a clerk in the freight de partment of the Soo-Pacific. W. W. Walker, one of the Duluthians, is an ex-traveling passenger agent of the same system; the other incorporat ors from that city being R. L. Knobel and S. R. Lewis. The Minneapolis in corporators are Charles P. Eckels, Charles Litzky and George C. Hamil ton, all of them clerks in the office of the Soo. That the gentlemen are daring pro jectors is apparent from the fact that, whereas almost every railroad incor poration organizes for a term of 999 years, the new company starts bravely out to last 1,000 years or know the rea son why. It is reasonable to suppose that when a party of less than a dozen passenger agents, freight house clerks, j etc., start out to build a $3,000,000 line of railroad, with only one terminus lo cated, and drive it through an unex plored wild of hematite, pineries and granaries of the world it is reasonable, j perhaps, to assume, that they have the assurance of backing from some better endowed sources. The Soo, in the absence of further de velopments, will 'naturally be looked upon as having some connection, how ever remote, with the new line. General Manager Underwood, of the Soo road, seen in Minneapolis last night, said that he knew nothing more of the incorporation of the new com pany than that some clerks in the em ploy of the road had asked if there could be any objection to the use of their names in connection with the new scheme. OPERATION WAS FATAL. Mrs. hlruan, of Olivia, Dies at St. Joseph's. Mrs. Lizzie Kirwan, wife of Sur veyor-General Klrwan, died at St. Jo seph's hospital yesterday, as a result of an operation performed the day be fore. Two weeks ago Mrs. Kirwan | came to St. Paul from her home in j Olivia, to receive treatment for an I abscess resulting from peritonitis. At the hospital a consultation between Dr. Wheaton, of this city, and Drs. McDonald and Ridgeway, of Minne apolis, showed an operation to be necessary. After the operation Mrs. Kirwan rallied and was thought to be on the road to speedy recovery, but last Sunday she grew worse and a sec ond operation was considered the only chance of saving her life, but the patient was too weak to withstand its effects and never rallied after its per formance. The remains were taken to Olivia, Minn., last evening, where the interment will take place Sunday. The wife and mother is survived by P. H. Kirwan, her husband, and two sons, Frank, aged nineteen, and Henry, aged fourteen years. SAID TO BE A BURGLAR. Como May Not Get Fecney the Next Time. Pat Feeney who has just completed a term of 90 days at the workhouse for petty larceny, was brought back to answer to two charges of a more serious character, one of burglary and one of grand larceny. It is alleged that on June 24, he broke into the clothing store of S. Samuelson, 478 Broadway and stole an overcoat and suit of clothes. He is also accused of having stolen a suit of clothes, an overcoat and other personal property from William Wil liams, of Mississippi street. He will have a hearing Monday. MONEY AND SHOES Get Robert Sampson and Frank Dn fonr Into Trouble. Robert Simpson, a former employe of the Olympic theater, was arrested in Minneapolis yesterday morning by Detectives Murnane and Gruber on a warrant sworn to by George B. Flan d€rs, and charging him with embezzle ment. Mr. Flanders owned several of the grand stands erected for encamp ment week and alleges that Simpson, whom he employed to take charge of one of them, collected $23.70 which he failed to turn over to him. The hearing is set for Monday next, and bail fixed at $200. Frank Dufour, a young man about town, was arrested last evening while carrying a case of shoes up Seventh street near Jackson. The shoe case bore the stamp of Tarbox, Schliek & Co., and the police are of the opinion that they were stolen. Pnllce Court Doings. Thomas Dolan was sent to the work oouiw yesterday for thirty days, on the charge that he tried to take advantage of a visitor from the rural districts named Peter Hastings, In a sale of clothing. Hastings, it la alleged, was conducted to an East Seventh street store by Dolan, and led to believe that ho could purchase a suit of clothes for $2, but upon payment of that amount was told he must still pay a balance of $5 before he could take the clothes. Dolan denied that I there had bees aay mteropreMnt&tlon. (Silk Headquarter* of the Northwest.) Globe— 9--6-96. Sixth and Robert Streets, St. Paul. HOUSEKEEPERS' DAY It's an event that the expert shopper waits for — every Friday at the g- eat Mannheimer store. There are bargains for you on all the floors. Hundreds at the store to every one we put in print. New Fall Dress Goods. Art Department. |, b o^ The Dress Goods Department has Specials for Friday and Saturday, been the scene of bustling activity every day this week. Among- the China Bon Bon or Powder Puff Friday specials we mention: Boxes, with covers, daintily HT COLOREODR SS GOODS. ■SSSSBS^*!'.?!*'* New Fall Heather Mixtures, equal China Cake or Bread r A in style to the finest goods made, in Plates, various styles- regu- SvC all the Autumn Mixtures, r A lar price 75c. Special, each.. 7W Our special price, per yard, !|||C only ' t/VV Wrought Iron Candlesticks, nr BouretteNoveities;7n knotted ef- g^ggS??^ 1 " '^ fects, two and three-tone m P opeciai, eacn colorings, 46 inches Wide. /!)(* Cut Glass Vases, elegantly cut. By the yard ivy un iq ue shapes, 12 inches d»4l /A Rl AOK noCQC rnonc high; regular price $3.50. !K/1W bLAUK. DRESS GOODS. Special, each. .. tJ/A*»V7 New Satin Finished Brocades, are excellent values Zt*7Sc' rff Millinery Dept. ?y ard - . JVC On the Third Floor. Our special price ww New Black Jacquards, Granite, Bo^ne^T^r l^T 6 Serpentines, Lizards, Armures and gonnets English Turbans, Walking Cheviots, all pure Worsteds. £0 ?*!*.' f*', ' s l iec » all y adapted _ for inches wide, excellent value "S, f^ lv/ , e a s ' \^treasonable prices. c a Li $1 pr 0 L pc :. ya . r . d -... Ou . r . spe : wt the sea - EXTRA SPECIAL — French ~ a our special bargain in Cloth Imperial Serge, all pure f\ r% otitched Tourist Hats, if| r A wool, in black only, per / \C sold elsewhere at $2 50. \\ yard 4«JV Our price V*»e/V Druggists' Sundries. Muslin Underwear Dept. 12 ~ d °i, e S eX l ra !l ne Jap t n " Sin On the Secoud floor, ese Tooth Brushes, the regular (\f\ 20c quality. Special, each. .. v/v Extra Friday Special. /w°* U1 L C « bOtt i leS c f E . xt , racts \l r One hundred dozen Eider- A C of Witch Hazel. Special, per IIT down Dressing Sacques. Spe- vhC Dottle '*.* cial, each.... P 7e/V Harry Frank, the "scalper," accused of having sold a worthless railroad ticket to P. P. Newell for $13.50, appeared before Judge Orr yesterday and pleaded not guilty. The case was continued one week, and the bail of $100, upon which Frank had been released, was continued, William Cole, who is aged and apparently infirm, was sent to the workhouse yesterday for thirty days on a charge that he had stolen a pair of trousers from a Seventh street cloth ing firm Wednesday night. Herman Beyer and Jeff Finnegan, both boys about fourteen years of age, were taken be fore Judge Orr yesterday on the charge of larceny. It Is alleged that the pair broke into a store room occupied by Sam Katz, a peddler, at 573 Robert street, over the rooms occupied by young Beyer's parents, and stole a quantity of books, lead pencils and knives. The case was set for tomorrow, bail being fixed at $100 each. PARTY OF CHILEAN TOURISTS Pass Through *t. Paul on a Pleasure Trip. A distinguished family of Chileans, consisting of Senor Carlos P. Hillman and wife, Carolina H. de Hillman. with their son and daughter, W. Eduardo de Hillman and Blanca de Hillman, of Santiago, Chile, arrived in the city yesterday from the Pacific coast, hav ing toured Yellowstone Park. The party were registered at the Mer chant's last night and will leave for the east today. DEATH CAME AT SEA. J. D. Mackenzie* Trip Did Sot Save Him. J. D. MacKenzie, the west-bound agent of the Anchor line, died at sea, about Sept. 3, on board the steamer Mobile, bound for Scotland. Mr. MacKenzie has been in ill health for some time and under the impres sion that a sea trip would benefit him. he sailed with his wife and son for Scotland. Unfortunately, however, he became worse, and he died before the steamer touched the British Isles. The deceased was about 28 years of age. ABUSED HER COXFIDE>"CE. Bertha Sieloff Charge* John Long. helm With Duplicity. John Longbehn is under arrest charged with embezzlement, the com plainant in the case being Bertha Sie loff. The young woman alleges that she loaned Longbehn her gold watch and he abused her confidence by trviag to dlspo-.«» . t it to his own profit. De - tective Gruber found Longbehn trying to Mil the watch Wednesday r ; nd placl him xipf-tr arrest at the ti'iie, thinking that his conduct warf f >J.ie what suspicious, but as there was then iio proof that he had done anyth'ng wrong he was released. Yesterday, however, the woman made her com plaint at police headquarters and Long behn was again taken into custody. Phrenologist* to Meet. The St. Paul Phrenological society will entertain its friends and members this even ing at itß hall, No. 4 Central block, Sixth and Seventh streets. The programme is as follows: Piano solo (selected). Miss Emma Berrisford; phren. subject, "Cautiousness," E. C. Miller; violin and piano duo (selected), Miss and Master Jurka: zither solo (select ed), William Mueller; phreno. subject, "Ap probatlveness," F. McKernan; violin solo, "Legende," Wieniaweki, Charles Hunter; phrenological examinations of visitors, Prof. Simmonds. Heating Contract Awarded. At a meeting of the committee on real estate of the board of education yesterday afternoon, George M. McGeary was awarded the contract for heating the Van Buren school for $4,991, he being the lowest bidder. Other bidders and their figures were: Allan Black, $5,344; Roberts-Goss company, $5,500; McDonough & Bowers, $5,915; Thomas Davis Heating and Ventilating company, $6,375. Caught In the Frogs). The Omaha will change the time of depart ure of the Badger State express Sunday from 8:10 to 8:15 p. m. The) Western Passenger association has authorized a rate of a fare and a third for the following events: Fort Worth, Oct. 12-17, National Live Stock Exchange annual con vention; Chicago, Oct. 14-25, annual conven tion of the Swedish Free Mission church; Chicago, Nov. 17-20, anunual convention of the Lutheran league. 1 . iOC/U. NOTICES. The best winter-weight Trousers to order you ever wore, $5.00 to $8.00. Schusler, 357 Robert street. To Home Seekers. The Wisconsin Central Line will sell ex cursion tickets to the South and Southwest at one fare plua $2.00, on Sept. 29, Oct. 6, Oct. 20. For particulars call at City Ticket Office, 373 Kobeit attest. Homeaeekert' Excursion*. Tuesdays, Sept. 29 and Oct. 6 and 20, via the Chicago Great Western (Maple Leaf), at rate of one fare for the round trip, with $2 added, to nearly all points In lowa, the South west and South. Good twenty-one days. Stop-overs on going trip. See C. E. Robb C. P. & T. A., Fifth and Robert streets. Have you seen the nobby Scotch Phevlo* suite we are making for $25? J. T. Schusier* ioi Robert street. Tourist Car to California. An upholstered Pullman tourist car 1.-- run every Wednesday by the Northern T aiiflc Car leaves St. Paui 2:45 p. m., Miu'j^apoHs 3:20 p. m., reaching San Francisco the frlknr ing Monday mornlr.g. Double bmli only $6.00. For tickets and reservations tail at Ticket office, 162 East Third street, St. Pnu!; or 19 Nlcollet House Block, Minneapolis. Pull mail Tourlnt Sleeping Cars To California, Via the Northern Pacific Knllvriij Run every Wednesday, leaving St. T'r.nl at 2:45 p. m., Minneapolis 3:20 p. to. This is the only line running Pullman Tov.iist Steep ing Cars of the Latest Design and Upholst ered In Leather. For tickets and reservations In sleeper call at Ticket Office. *62 Kwi Third street, St. Paul, or 19 Nlcollet House IVock Minneapolis. Fall and winter Overcoats to order $2o «0 Best In the town. J. T. Schusler, 387 Robert street. Have Yon Tried the Cafe Ptirlor Cara Run on Day Trains of the Wisconsin Central Line? Warm meals and refreshments served a la carte at all hours. Pullman's finest sleepers run through to Ashland, Milwaukee and Chi cago on night trains. City ticket office No. 373 Robert st._ Clay Weave Cutaway Suit to order $3<i "0. J. T Schusler, 357 Robert. FIXEST TRAINS IX THE WORLD. New From Pilot of Engine to Tall Light. "The North-Western Limited" trains run* nlng between Minneapolis, St. Paul and Chi cago are new throughout. The engines are after the famous 999 pattern and the private compartment cars, sleepers and ladies' coach In style and finish surpass anything hereto fore attempted in car construction. If going East, why not try these new ■ trains via "The North-Westera Line — C, 1 St. P., M. &O. Ry. Sleeping oar reserva tions made In advance at 395 Robert street corner Sixth, St. Paul, 13 Nlcollet House Block, Minneapolis, or address T. W. Teas dale, General Passenger Agent, St. Paul. MARRIAGES. BIRTHS. DEATHS. MARRIAGE LICENSES. Edward Lundgren Lillian N. Miuvon Virginius J. Henley Florence E. Fremh BIRTHS. Mr. and Mrs. Frank Galloway Girl Mr. and Mrs. Henry Brown Girl Mr. and Mrs. John Lahner .Boy- Mr, and Mrs. Harry Stebbing Girl Mr. and Mrs. Max Fichtenan Boy Mr. and Mrs. Andrew Paderson . . Boy Mr. and Mrs. Allen P. Boyd Boy Mr. and Mrs. Ell R. Findley '..! .Girl DEATHS. Karl Krutsch. 723 Charles St C$ vrs Mrs. N. Roselle, Cenral Ay.. . 89 yra Maria E. Manton, 1260 Reaney St...!!!:;s >rs AMUSEMENTS. Mill L. IS. SCOTT, ."iaiiaeer. M vj Last Three Performances. V § JULIA MARLOWE TABER f $ *» ROBERT TABER. |Tonight z ROjhEO AND JULIET I Z Saturday Matlnee-ROMOLA. g sa^^ y ... MUCH ADO ABOUT NOTHING § § G h ANIL "oieBV'BELt 2 ! > ONLY THREE MUr * JOyCB BeU 5? ift TIMES MOUE , IN HOY'IS fl I popular A MIDNIGHT BELL, g y PRICES. Matinee tomorrow. V V ex «unday Night, "THE E*6IGN."j) ifiiuiiiiiri > Open From 10:00 a. m. < vj Until II p. m. -:- -:- V Admission, IO Cents. V ftCHOOLU AND «;oi,L.rcr«. ST. AGATHA'S CONSERVATORY M Manic and Art. 26 East Exchange St., St. Paul. Piano, violin, guitar, banjo and raandc itq j taught lessons given In drawing and painU ins. Call or send lor prospectus.