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fIOT EVEfI PRUDEfiT
ATTORNEY GENERAL CHII.DS'
CHARACTERIZATION OK D> UTH
WOULD FORFEIT A CHARTER.
HE FILES THE INFORMATION
ASKED FOR I«Y CITY ATTORNEY
CAN NOT HEAR LAW POINTS,
Hi- Saya, in tlie Fuee of Such a
'IVi-i-iiili- Mrnnce t« the Public
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
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
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
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.
Good Brown Sugar for $1.00.
For one peck £ood Sweet Potatoes.
F>t one dozen fresh, new crop Nut
megs. Thej are nice, oily, spicy.
Finer will never run over a grater.
Per box for fancy Blood-red Cling
Peaches— delightfully nice for pick
Per quart for fancy Cranberries.
Per box for California Peaches.
For large bottles American Quart
Pickles. Give a thought to the size,
the quality and the price.
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.
For six-pound wooden boxes of Gloss
Per box for good Tooth Picks.
Per package of Pancake Flour.
Per'pound for pure lard.
Bananas — delicious — just the right
kind — quality the highest — prices
"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
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
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
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
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
The remaining liabilities amounting
to $834.23 are for the wages of em
ployes and supplies purchased by the
PER CI'RIAM DECISION
Handed Don v in a Soft Over Some
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.
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
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
67.228— Robert B. Whitacre vs. Henry H.
Gregg: action to recover $2,000 alleged to be
due on promissory note. Writ of attachment
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,
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
DULUTH REDUCED A TENTH.
ZEMTH CITY FARES BETTER THAN
ITS (IHEATEU BRETHREN
MAW COIXTIES ARE BENEFITED
B.v Redactions Made in the Finish
lug Dii)» of the l.oi>n OfHclnl
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
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
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
AHBHX CASE DROPPED.
Police Score a Victory O-rer Prose
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
Rev. David Hoi-armi la Cruelly
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
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
GONJLJEY HAD HARD LUCK.
Fell From a Stringer His First Day
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
SAY HE IS AX EMBEZZLER.
James Craig's Employers Make a
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
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
"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
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
"Yours for McKihley and sound
HIGH HINDOO LAW.
Reports of a C«-»itnrj- Received by
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
SAVORS Op THE SOO
ITS I'\SSK\(iKH AGENTS AND OF
FICE CLERKS ORGANIZE A NEW
HAS THREE MILLION DOLLARS.
IT WILL BE KNOWN AS THE Dl -
LITH, SUPERIOR & WEST
FROM niLITH TO AX V WHERE
In the Red River Valley, Seeinn <o
Be the Road* Prospective
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
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
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
OPERATION WAS FATAL.
Mrs. hlruan, of Olivia, Dies at St.
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
SAID TO BE A BURGLAR.
Como May Not Get Fecney the Next
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
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.
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,
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
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
DEATH CAME AT SEA.
J. D. Mackenzie* Trip Did Sot Save
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.
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.
The best winter-weight Trousers to order
you ever wore, $5.00 to $8.00. Schusler, 357
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.
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
Fall and winter Overcoats to order $2o «0
Best In the town. J. T. Schusler, 387 Robert
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 $3<i "0.
J. T Schusler, 357 Robert.
FIXEST TRAINS IX THE WORLD.
New From Pilot of Engine to Tall
"The North-Western Limited" trains run*
nlng between Minneapolis, St. Paul and Chi
cago are new throughout. The engines are
after the famous 999 pattern and the private
compartment cars, sleepers and ladies' coach
In style and finish surpass anything hereto
fore attempted in car construction.
If going East, why not try these new
■ trains via "The North-Westera Line — C,
1 St. P., M. &O. Ry. Sleeping oar reserva
tions made In advance at 395 Robert street
corner Sixth, St. Paul, 13 Nlcollet House
Block, Minneapolis, or address T. W. Teas
dale, General Passenger Agent, St. Paul.
MARRIAGES. BIRTHS. DEATHS.
Edward Lundgren Lillian N. Miuvon
Virginius J. Henley Florence E. Fremh
Mr. and Mrs. Frank Galloway Girl
Mr. and Mrs. Henry Brown Girl
Mr. and Mrs. John Lahner .Boy-
Mr, and Mrs. Harry Stebbing Girl
Mr. and Mrs. Max Fichtenan Boy
Mr. and Mrs. Andrew Paderson . . Boy
Mr. and Mrs. Allen P. Boyd Boy
Mr. and Mrs. Ell R. Findley '..! .Girl
Karl Krutsch. 723 Charles St C$ vrs
Mrs. N. Roselle, Cenral Ay.. . 89 yra
Maria E. Manton, 1260 Reaney St...!!!:;s >rs
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)
> 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.