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Daily globe. (St. Paul, Minn.) 1878-1884, April 13, 1878, Image 2

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Minneapolis Office, 213 Hennepin avenue, up
THE GLOBE counting room will be open on Sun
day from 6 a. m. to 8 a. m. From 11:30 a. m. to 1 p.
m., and from 7 p. in. to 9 p. m.
ADVICE is very cheap and with all the
cords of suggestions which have been kindly
showered on the immigration board, the
amount of cash furtfished by the.State has
not swelled above $5,000.
RAMSEY, interviews on the Congressional
question as in favor of Stewart. Th old
coon is playing it low down in behalf of the
"Sacred Cow." wishes to stir up all the
bad blood possible between Stewart and
Washburn, and ride in as a compromise can
didate. That is his game.
One would suppose from reading in
terviews with St. Paul and Minneapolis poli
ticians, that the entire third Congressional
district was covered by those two
cities. The counties outside of
Ramsey and Hennepin, control
the district and the men outside of those
counties will prove themselves stupid dolts if
they do not take control of the next Repub
lican District Convention and make their
own nomination. Stewart and Washburn
are not the only men in the Third District.
THIS Illinois Democracy have promulgated
a platform which, in most respects, is a
commendable document. I endorses the
silver bill, and demands the unconditional
repeal of the resumption act. I advocates
the direct issue of currency by the govern
ment instead of through National banks,
and favors the receipt of Treasury notes for
customs. Finally, it denounces the crime
which thwarted the will of the people and
placed in the Presidential chair a man who
failed to be elected. I is a document which
ia worthy of attentive consideration.
WITH its usual inaccuracy the Pioneer
Press yesteiday morning said '"the Illinois
Democratic State convention seems to have
been dumb, so far as resolutions are con
cerned." Tho GLO BE this morning gives the
resolutions in full. They are both incisive
and lengthy. This is a sample of the fair
manner in which that sheet has been in the
habit of treating the Democracy. The
Democrats ought to aid and cherish that
concern and see that the circulation of that
paper is extended. I is their true way to
bulid up a party.
PO OE old Tweed is dead. Though a co
lossal thief, his ignoble death in jail can but
excite pity. The whole New York ring of
thieves should have been consigned to the
penitentiary for the longest term which the
law would admit, but the discrimination
against Tweed has been outrageousgand en
titled him to sympathy. Th other ring
thieves have been allowed to escape outright
or buy immunity. Tweed himself was
promised his freedom if he would give the
city certain testimony. gave the testi
mony only to find that he was basely be
trayed, and he was taken from the witness
stand to his cell in Ludlow street jail to re
main and die. Th career of this man
carries its own moral. Of com
paratively low origin he gained power
as a ward politician, through his connection
with the fire department, and with that for a
foothold he and his ring held New York city
and State at their mercy. Though Tweed
has gained the most prominence he was
not the real head of the ring, and
he profited, personally, less than many
others. spent his stolen money lavishly
and really did ch to aid the poor and also
to beautify the city with his plunder.
this day his charities are kindly remembered,
and despite his confessed position as a thief,
there were thousands who were ready to
swear allegiance to him for favors rendered.
His death will carry joy to his confederates,
who, now that the old man is silenced, will
hope to escape further harm.
Hon. James Smith stated the law touching
the rights of the United States government
over rivers running within the limits of a
State. The Wheeling bridge controversy has
nothing to do with the question. That con
troversy was between States, involving the
rights of States, because the Ohio riyer was
the boundary. Th bridge was across the
boundary line.
Now, because the United States govern
ment once owned the Fort Snelling reserva
tion, and sold it, reserving as a gift from
Minnesota, out of eight thousand acres of
land, less than one thousand for a temporary
military post within the State jurisdiction of
Minnesota, it is claimed that it is unsafe for
the people of Ramsey county to build a
bridge without obtaining the consent of
Congress, to save the United States from
paying a thousand or fifteen hundred dollars
a year for ferriage.
Mr. Smith has in an exhaustive letter
Stated tiie whole proposition and the law.
-Ut'M iMmsmpi^^
We cannot add to it, except to say, that the
proposed bridge will and can never impede
navigation, as its altitude will be such as to
allow all steamboats to pass under, and es
pecially, if loaded with the constitutional and
admirality lawyers of Ramsey county.
Gen. Lesh has expressed himself in favor
of Dr. Stewart for re-election to Congress.
Gen. Lesh, being the Chairman of the Re
publican County Committee, must be pre
sumed officially to speak the sentiments of
the Republican party of Ramsey county.
Therefore, it was a superfluous work
to interview, Col. Drake, Col.
Upham, Mr. Hamilton, Gen. Marshall, or
Alexander Ramsey. Gen. Lesh settles the
Hence, we cannot appreciate why Charley
Clark, who holds an office in the gift of Dr.
Stewart, should-jbecome so much excited as
to declare that under all circumstances he
will support a Hennepin county man
We, in utter ignorance, had
supposed that this district
was a unit in interest. St. Paul has no in
terest, no prospects, no material business
not in common with the commonwealth of
Minnesota. *The tides of population are
filling the inexhaustable lands of the State
with the great wealth of industry and labor,
and honest and happy homes. Minnesota has
no antagonisms of locality. The people of the
State are bound together in one common
wealth of self-interest. The unlimited bounty
of the soil welcomes to a feast of plenty all
who come here to find homes and prosperity.
It matters not who shall be the member
of Congress, if he be a true and an honest
representative of these increasing interests of
citizens, of immigrants, of westward civili
Therefore if Gen. Lesh has settled the
matter for the Republican party, the GLO BE
may be allowed to suggest the possibility
and probability, that the Democrats of the
district may, in order to relieve the Repub
licans of their various conflicts, resolve that
a Democract might do as much good in
Congress as Gen. Lesh.
But They Don't Want it in the Paper
Hence We Don't Print It.
[Correspondence of the Globe.]
OWATONNA, April 12, 1878.I notice in to
day's Pioneer Press a somewhat mixed ac
count of a little saloon row which took place
here Thursday evening. I order that the
readers of the GLO BE may have as true a
version of the matter as possible, I pen a few
ines embracing the facts as near as they can
be learned. Mr. Gault, local agent of
the Chicago, Milwaukee & St. Paul railroad,
and his brother-in-law, Mr. Dyer, started out
during the day for a little spree. About 6 p.
M. they brought up at Mullinger's saloon
and called for drinks, for which they refused
to pay. Thereupon Mr. Gault became very
noisy, and it became necessary for the bar
tender, "a strapping teutonic gentleman," to
bounce them, which it seems he did in fine
stj le. Gault and Dyer then went away in
search of pistols, knives, or anything they
could use as a gentle peisuader. Arming
themselves, they proceeded to the saloon,
and, finding it locked and being unable to
gain entrance through the saloon proper,
they went around to the rear where
Mr. Mullinger's family, reside, and
knocked at the door. Receiving no
answer, they proceeded to force the
door, when Mullinger and the bartender ap
peared upon the scene. I was then that
the free fight took place, in which Gault and
Dyer came out second best. Dyer was con
veyed to the lockup and Gault to his home.
A physician was summoned, but no serious
bruises or cuts were found, the P. P. to the
contrary notwithstanding. Mr. Mullinger
sworo out a warrant for the arrest of Gault
for maliciously breaking into his house. Th
hearing was to take place yesterday, but as
Gault was laid up for repairs it was post
poned until this afternoon. I is reported that
Gault is trying to settle up the affair and has
offered a considerable sum to have it hushed.
His greatest fear is that it will find its way
to the papers. When sober Mr. Gault is a
perfect gentleman and good business man,
but when under the influence of liquor is very
abusive, and usually tries traveling on his
muscle, but this time, for once, he "id his
match and, probably, a little more. Re
spectfully, READEE.
Meeting of the Insane Asi/Ium Trusters
nt Rochester-r-Rev. Kerr Relieves in Se-
cresyInspecting the New Asylum.
[Correspondence of the Globe.
ROOHESTEB, April 12.The board of trus
tees of the insane asylum met at Rochester
on Wednesday. There were present Rev. A.
Kerr, Fletcher, Talbot, C. T. Brown,
W. Schimmel and B. Deuel. Dr Bartlett of
the St. Peter asylum, was one of the party
also. The board were met at the Cook
House by Mayor Williams, Senator Morri
son, Aid. Brooks, Rev. Mr. Rice, W
Hurlbut and others. At about two o'clock
carriages were provided and the party paid a
visit to the asylum, and made
a thorough inspection of the build
ing. This occupied about two hours,
and upon their return to the Cook House the
board retired to a private parlor and had a
consultation, to which no outsider was ad
mitted. I subsequently transpired that they
had telegraphed to Mr. Bohn, of Winona,for
the plans of the building, and received a re
ply that the plans were in Minneapolis. A
committee was appointed to consult with
Gov. Pillsbury in regard to obtaining the
amount of money appropriated by the Legis
lature, of which committee Hon. Deuel is
a member. Action was also taken by ap
pointing Loomis to take charge of the
building. The secret tession of the board
was prolonged for nearly two hours, but the
particular business transacted, except as
above stated, could not be learned, as the
Rev. Kerr appeared to think the public had
no special interest in the matter.
On Thursday morning the board procured
a surveyor and returned to the asylum to
take certain levels and measurements in ref
erence to drainage and water supply. I twas
ascertained that the fall was 17 feet from the
basement to the brook, on the north side of
the lot. The board desire to secure the ap
propriation so that the necessary alterations
can be proceeded with at once, so that the
hospital may in readiness for occupancy
this fall. The board was pleased with the
location, and with the building itself, and
will leave for their homes to-day at noon.
The character of the alterations is not yet
determined upon, as the members desire to
consult the plans which are, as before stated,
in Minneapolis.
Nothing further could be learned from the
members of the board.
Department of Dakota.
The following special orders were issued
from Headquarters Department of Dakota,
this city:
Second Lieutenant Walker, seven
teenth Infantry, will report in person to the
commanding officer Fort Snelling, for duty
with recruits' for posts in Montana Teritory.
First Lieutenant C. Ayres, Ordnance
Department, will proceed to Fort Stevenson
on public business and, on completion
thereof, will return to his station at Fort
Abraham Lincoln.
Captain W A. Elderkin, Subsistence De
partment, will proceed from Sioux City to
Yankton on public business and, on com
pletion thereof, will return to Sioux City.
Contemplating I on PaperMr. Sewall
Catechised ExtensivelyLetters from
Senator McMillan and Representative
StewartTalking Over the Engineer.
An adjourned meeting of the Fort Snel
ling bridge commission was held yesterday
morning in the office of the county auditor.
A full board was present, Aid. Dawson pre
Engineer Sewall's dimension line plan
and profiles, referred to and described in
yesterday's GLOBE, having been unrolled
upon the table, the secretary read the minutes
of the previous meeting of the board,-which
were approved.
The secretary then read a letter from En
gineer Sewall, which accompanied his draw
ings. Omitting the parls of the communi
cation directly referring to, and technically
descriptive of the plans, the report is as
"The location should be at the narrowest
place that the officers in charge of the fort
will approve.
"The shortest line would be at the ferry,
and run through the fort. I has not been
surveyed, but would be 100 feet shorter than
any of the lines shown (upon the plans).
The width of the valley increases
all the way to the 1,800 feet limit.
"The cost of the bridge will be in propor
tion to its length. The foundation is coarse
gravel, which we could not penetrate with an
iron rod more than sixteen feet nearly the
same as at St. Paul.*'
Letters were read from Senator McMillan
and Representative Stewart saying that they
had called upon the secretary of war in refer
ence to securing aid from the government
for the bridge. They found that the matter
had been referred to Quartermaster General
Meigs, and Chief of Engineers Humphreys,
and that they had in turn referred it Gen.
Sheridan, and he had laid the whole matter
before Gen. Terry, and upon Gen. Terry's
report would depend the question of gov
ernment aid. Dr. Stewart thinks it will be
easier to obtain a money appropriation than
any part of the reservation.
The secretary said he communicated, on
Tuesday last, by letter with Gen. Terry, the
departmental military commander, respect
ing the points in which the military were in
terested as to the right of way, &c. A reply
had not been received from the general, who
is sick, and, independent of his indisposi
tion, the secretary presumed Gen. Terry was
awaiting advices from Washington in refer
ence to the whole matter.
Mr. Sewall, in explanation of his line
plan, said, Nos. 1, 2 and 3 would strike the
fort. The lowest line, the one at the feny,
called "No. 1," being the shortest, would be
by far the the cheapest, probably saving
$30,000 in the total expenditure for the
bridge, if it could be secured as a location.
The whole question of location hinged upon
the fact as to how near the tort the military
authorities would permit the fort end of the
bridge to come.
The ChairWe cannot decide until the
determination of the military authorities has
been ascertained.
The SecretaryI cannot imagine that they
will permit the road to the bridge to go be
tween the officers' quarters or through the
drill ground.
Mr. SewallThe road which would lead to
the lines Nos. 1, 2 and 3 would be entirely
outside of the fort wall. I thought you were
familiar with the ground, and so did not
draw the location of the fort wall upon the I
plan, as it would have occupied so much
time in surveying. These buildings (point
ing to their location as marked upon the
plan) are outside the tort. One of them is
used, I believe, as a guard house. None of
them are officers' quarters. The road to the
bridge would run outside the fort wall. II
the military authorities are rot willing the
bridge should end theie, tb site will be
driven up to the~cemetery.
The SecretaryAh! well, that makes a con
siderable diffeience.
The ChairWould it be safo to advertise
for bids for proposals for any part of the
bridge work before the line of the bridge is
Mr. S.It would be safe as far as the ma
sonry part is concerned. I would take the
masonry contractor at least two months to
get his preparations ready, and, in matters
of this kind, it is always the preparations for
the masonry that occasion the delay. The-bed
of the river is hard ground, like that" found
in building the piers of the Wabashaw street
bridge. The foundations for the piers will
have to be piled.
The ChairHow far down would you drive
the piles?
Mr. S.Twenty feet or so.
The ChairHow deep were the piles
driven forth Wabashaw street bridge?
Mr. S.I think about sixteen feet.
The ChairWhat quantity of masonry do
you suppose there will be in the piers?
Mr. S.About 1,000 cubic yards in the
larger ones. The largest one would prob
ably measure 1,200. Iron piers would not
be as cheap as stone piers. When you com
pare weight for weight, iron piers are the
more expensive. My idea of the bridge is to
have the whole iron superstructure above
the piers, and, if iron piers were construct
ed, the foundations would have to be so
much wider, and there would be very little,
if any, saving in masonry.
The ChairWhat would the masonry of
the piers cost?
Mr. S.The masonry of the Wabashaw
street bridge cost $11 per yard. Th cost
of masonry varies with the situation as to
stone, fcc. and ranges from $ 8 to $16 per
Mr. LindekeDid you not once make an
estimate for a bridge at Fort Snelling?
Mr. S.Yes but that was for a wooden
bridge. I would much rather not make an
estimate for this bridge.
The SecretaryI estimate that six piers
will be required, which would cost $66,000.
Mr. S.We might economize on that. I
should expect to get two piers on sand rock
foundations, one at the edge of each bluff.
These, of course, would require no piling,
and thus we should economize. There would
be two, at least, that would require piling.
No dependence can be placed upon the island
as a foundation, as it is only a bar.
The ChairAbout how much would the
piling cost? I is a part of the expense I do
not understand.
Mr. S.From $4,000 to $5,000 for the
most expensive pier, I should suppose.
The ChairWhat about tho height of the
Mr. S.I suppose we should be compelled
to give as much height under the bridge as
is afforded by the Wabasha street bridge,
which is 68 feet above high water mark.
There will be plenty of room for that dis
tance under the truss of the new bridge. I
do not have much faith in the importance of
the navigation of the Mississippi at the point
where the bridge will cross it, but I am afraid
Minneapolis will run against the bridge on
the excuse that it obstructs navigation by
not being high enough.
The ChairPeople in glass houses should
not throw stones. At some time the bridge
may be used for a horse-car track. I that
case how would the descents to the bridge
Mr. S.They could be made easy enough
for street-cars, easier than the Fourth street
hill. Of course it is cheaper to cut down
the banks leading to the bridge and thus
make gentle and practical grades, than it
would be to stretch the bridge from bank to
bank on a level, and thus lengthen the
The ChairMr. Franklin Steele says this
bridge, by using short spans, can be built
for $80,000.
Mr. S.The building of the bridge is like
stretching a cable across the river. Th
stronger the cable, the more expensive will
be the operation. The bridge will be cheaper
or dearer, just as it is weaker or stroneer.
I have examined into the lower bridge at
Minneapolis, and find there are many com
plaints against it. I don't want to discour
age the erection of the Fort Snelling bridge
by too high an estimate, nor do I wish to
compromise my own reputation by too low
an estimate.
The Chair and Secretary in chorusCer
tainly not.
Mr. S.Most careful estimates should be
made, and then they shonld be discussed pri
This seemed to afford the secretary a dar
ling cue, amd he immediately suggested a
private conference of tbe board.
Mr. S.The location of the bridge can be
reserved until all other matters are settled.
The masonry contractor will be benefited by
having two months in which to get his ma
chinery, &c together. Th contracts can
be drawn according to circumstances. Th
length of time in which the contract would
have to be completed can be so arranged
that what was performed in the way of
quarrying, &c., could be deducted, and the
number of piers can be determined upon
after he has commenced those preliminaries.
The SecretaryCan you give us an esti
Mr. S.I can, and should like to make
them most carefully.
The SecretaryI suggest we regularly em
ploy, say two engineers, who will have to
furnish us confidential and very careful esti
The hairThat will cost money.
Mr. S.The use of a preliminary estimate
is to enable us to arrive at a decision as to
the general plan and arrangements. Th
preliminary estimate might not prove cor
rect, and it would be well done if it came
within 10 per cent, of the actual cost. Bid
ders for the contract will probably vary as
much as 20 per cent, in their offers.
Mr. LindekeSupposing a close estimate
is made, can we not then advertise for the
construction of the piers?
The ChairThere are many different
characters of bridges, and much of the en
gineering talent of the country has been
exclusively devoted to bridge construction.
Among all these varieties we shall have to
decide which to adopt.
The SecretaryThe first thing we want is
a consulting engineer. Then, if his esti
timates show the expenses would make the
matter hopeless, let us drop it.
The ChairIf the estimates showed that
the bridge would cost Ramsey county $100,-
000,1 should favor it.
Mr. LindekeIf the estimates showed it
would cost $120,000, it might not cost that
The SecretaryNo engineer will risk his
reputation by making his estimate too low.
The ChairEngineers cannot always tell
what a thing will cost. Contractors differed
in their bids for work from 25 to 100 per
Mr. S.The estimate ought to be within
20 per cent, of the actual cost. By corres
ponding, etc. thev ought to come even
closer than that.
The ChairBridge companies will occa
sionally build for very low figures.
Mr. L.Before we advertise we will have
to specify what we want.
The SecretaryWe want an engineer.
Mr. ThorntonWe must have plans be
fore we advertise.
Mr. S.You can decide first on the piers.
The specifications for the supeistructure
could be so drawn as to give bidders a com
mon ground as to the tension, etc., of the
bridge on which they can calculate their
bids. Then you can let the builders furnish
their own plans.
The ChairWhat would it cost to make
the estimates?
Mr. S.That depends. No engineer will
make estimates, unless he is to have charge
of the work. Estimates require a good deal
of work and much study, and every engineer
likes to cairy out his own work and ideas.
The SecretaryI move we have a private
session and appoint an engineer.
Mr. S., risingI don't wish to be present,
of course, when you appoint the engineer.
I'm going to dinner.
Mr. ThorntonWill it not require two
more piers on the No. 4 line than the others
Mr. S.The cost of the bridging in
creases with the length.
Mr. KnapheideWhat is the length of the
longest line.
Mr. S About 1,200 feet the shortest is
about 1,000 feet.
The SecretaryI press my motion.
Mr. Sewall here withdrew from the
Mr. L.If we elect an engineer, how much
will he require?
The secretary was here all impatience to
ride the secret goat, so his motion to go into
a star chamber was put and carried.
The chair, beaming on the three Faber
pushersEither you can withdraw, gentle
men, or we will vacate.
The reporters, being in the minority, hon
orably withdrew in fair order.
The commission, rid of the pesky men of
news, expended wind and time in secret con
clave, but failed to agree in their object of
secrecy, the election of an engineer.
POKT HTJEON, Mich., April 12.The barge
Vanderbilt, owned by Watson of Buffalo, ar
rived this morning at 7:30 A. M. dismasted
and jib boom gone, tho fore and main car
ried away below the truck and the mizzen
gone at the deck. Capt. Mullen states that
when three miles to the south of Sheboygan
light, the wind blowing very hard and puffy
off land, about south-south southwest, her
spars went by the board. The tug Mocking
Bird was about a mile in advance with four
vessels in tow, which she let go of and went
to her assistance. She will be towed to Buf
falo, where she will receive repairs. Capt.
Mullen also states that there was not a
schooner in the fleet that did not receive
more or less damage. Th Pensaukee lost
one gaff and two jibs in the same breeze.
WHEELIN G, W Va., April 12.Wednesday
night a skiff containing six young men of
Martin's Ferry capsized in the river just
above this city. Frank McKim, Herbert
Crowl and Peter Milligan were drowned.
The others were savedJames Greer, one of
the party, rescuing Thomas Jordan.
LONDAN, April 12.The steamer Child
wall Hall, wrecked at Sagres, Portugal, had
a crew of forty-five and eight passengers.
The fate of twenty-six is unknown. There
mainder were saved.
CINCINNATI, April 12.At Zanesville, O.,
last evening Hall's planing mill, the United
States hotel and several buildings were
burned. Loss $10,000 uninsured.
Sherman's Latest Pirouette.
[Washington Capital.]
W. T. Sherman, general, executed a round
danceMrs. Sherman to the contrary not
withstandingwhen he heard that Senator
Thurman had introduced a bill for the relief
of Colonel To Worthington. This will
re-open that vexatious Shiloh massacre that
had been so nicely settled and disposed of
in. the Memoirs of a great Captain. Wh
will not the "dd idiots" in Congress let
things rest and save our general from these
wicked round dances?
Mnrat Couldn't Stay^Behind Mrs.
NEWYOBL, A'pril 12.Mr. Murat Hal
stead yesterday aocompanied Mrs. Halstead
and daughter and son down the bay in the
steamer Halsatia. concluded at the last
moment to sail with them instead of going
over two months later as he had intended.
"*Z Sine Die.
&< *w, [Chicago Tribune.} Hk_
The member who gets up and moves that
Congress do now adjourn sine die will
go into the Presidential canvass of 1880
with a strong political backing.
Ann Shriver respondent, vs. The Sioux City and
St. Paul Railroad company appellants.
A witness accustomed to packing marble
slabs for transportation may be asked whether
in his opinion a certain mode of packing for
transportation was proper. Though an owner
who improperly packs goods for transportation
by a common carrier, cannot recover for inju
ries to the goods to which the improper packing
contributes, he may recover for injuries hap
pening independently of the defect in packing.
A common carrier of goods cannot by contract
exonerate himself from liability for loss
or injury to goods happening through his
negligence, or that of his agents, nor limit his
liability to injuries caused by gross negligence,
where there is a contract limiting the liability
of a common carrier of goods the burden is on
the carrierT&d not on the owner to show from
what cause a loss or injury occurs. Where
goods are delivered to the first carrier in a line
of several different carrirrs to be transported
over the entire line, there being no direct evi
dence to show where they were injured, the
jury, if there is nothing in the case to render
the presumption improbable, may presume
that the goods reached the hands of the last in
in the same condition as when delivered to the
hrst in the line. Judgment affirmed.
At Tiffin, Ohio, the plaintiff shipped with
the Baltimore and Ohio railroad company
two marble slabs packed in a close box, con
signed to herself at Worthington in this
State, and upon the requirement of the com
pany executed an agreement releasing
the company and each and every
other company over whose line the goods
might pass to their destination fiom any and
all damages that might arise from certain
specified causes and "from any cause not
arising from gross negligence of the said
company or companies, its or their officers
or agents," the slabs passed to their destin
ation over the Baltimore & Ohio and two
other railroads to St. James in this State and
over the road of the defendant from St.
James to Worthington, and when delivered
by the defendant to the plaintiff at Worth
ington, were found to have been broken.
This action was brought to recover damages
for the injury. At the trial an objection was
made to a question to a witness accustomed
to packing marbles for trans
portation, calling for his opinion
upon whether these marbles were properly
packed. I twas a case for expert testimony,
and the objection was properly over-ruled.
Tho court charged the jury in substance that
common carriers of goods cannot by contract
absolve themselves from the consequences of
their own negligence, and that the contract
proved could not be allowed to have that op
eration, that the burden of proof to show or
dinary care was on the defendant, and that
the jury might presume negligence from the
fact that goods were found to be damaged
when delivered to plaintiff at Worthington.
Defendant excepted to these propositions
in the charge, and requested instruction that
the contract was reasonable and that the plain
tiff could not recover without gross negli
gence of the defendant, which the court de
clined. Defendant also requested an in
struction that if the marble was so improp
erly packed by the plaintiff that it could not
be handled with reasonable care in the
transportation without injury the plaintiff
cannot recover. Th court gave thia in
struction, with the qualification "unless the
injury happened independent of the defects
in packing." To this defendant excepted.
The qualification was correct, for while
plaintiff could not recover for
an injury to which her negli
gence contributed no negligence of hers un
connected with the cause of the injury could
defeat a recovery.
The charge piesents the question of the
power of a common carrier of goods to limit
by contract his liability as it existed at com
mon law. I is perhaps to be regretted that
courts have allowed any relaxation of the
common law rule of liability. But that com
mon carriers may by special agreement qual
ify to some extent his liability is too well
settled by decisions to be denied. How far
he may do it the authorities are not entirely
agreed. The greater number of authorities
in the United States hold and since
Christianson vs. American Express Com
pany, 15 Minn. 270, is to be taken as the
settled doctrine of this court that a common
carrier of goods shall not be permitted to
exonerate himself by contract from liabili
ty for his own negligence, or the negligence
of the agents whom he employs to perform
the transportation.
The contract in question seeks to exoner
ate the carrier from liability for all except
gross negligence, and is obnoxious to the
rule. The charge of the court upon it, and
upon the rule was conect. Where there is a
contract limiting the liability to injuries
caused by the negligence of the carrier,
which party the owner, or the carrier, must
show from what cause the injury
or loss arose, is a question upon
which there is some conflict of authori
ties. Harris vs. Packwood, 3 Tarnet 26-1
Marsh vs. Home, 5 & C, 322 French vs.
Buffalo, N Y., & Erie R. R. Co., 4 Keyes,
108 Sayervs. Portsmouth, S. & E R. R.
Co., 31 Maine, 228: and Killiman vs. United
States Express Co., 3 Kan. 205, affirm the
rule without giving any reason for it, to be
that the burden is on the owner. O the
other hand, in 2 Greenleaf Ev., sec. 219, the
rule is stated, "and if the acceptance of the
goods was special, the buiden of proof is
still on the carrier to show not only that the
cause of the loss was within the terms of the
exception, but also that there was on his
part no negligence or want of due care,"
and this rule is followed in Smudler vs. HU
lard, 2 Rich, (sec.) 286 Baker vs. Brunson,
9 id., 201 Davidson vs. Graham, 2 Ohio St.
131 Graham vs. Davis, 4 id., 362, and
Whitesides vs. Russell, 8 Serg.
& Weitts, 44. The latter cases
are most consistent with principle. Fo
where there is no contract there has never,
so far as we know, been any question that
the carrier, to escape liability, must show the
loss to have accrued from one of the causes
which the law excepts from his liability.
No good reason can be given why the burden
should be changed because he has by con
tract added other exceptions to those made
by the law as to where the burden of proof
was. The charge was correct.
There was some evidence from which the
jury might find that when delivered to the
B. & C. railroad company the slabs were in
good condition. Between that company and
the defendant there were two intermediate
carriers. There was no direct evidence
showing upon what part of the line com
posed of the four railroads or in the hands
of which of the four carriers the
slabs were broken, and there was
nothing to charge the breaking upon
defendant unless the jury might presume
that the slabs continued until they came in
to the hands of the defendant in the same
condition as when delivered to the & C.
R. R. Co. That when goods pass over a
line of several different carriers the jury,
there being no direct evidence to the con
trary, may presume that they reached the
last carrier in the same condition as when
delivered to the first, is discussed at length
and affirmed in Smith vs. Th New York
Central R. R. Co., 43 Barb. 225, and Laugh
lin vs. The^Dhicago and Northwestern R. R.
Co., 28 Wis. 204, the only causes we find in
which the point is considered. Although the
question is not free from doubt, we think
the conclusion reached by the courts in these
two cases correct. I is a rule of evi
dence that things once proved to have
existed in a particular state are presumed
to have continued in that state until the con
trary is shown. But it is not a rule of uni
versal application. The probabilities in a
particular case may prevent its application.
The courts in New York and Wisconsin,there
being nothing in the case to render the pre
sumption improbable, apply it to a case like
this mainly because the carrier may ordinar
ily know, while ordinarily the owner cannot
know, what happens to the goods and what
care is taken of them in their passage, and
if they are lost or injured, when and how it
occurred, and in what condition they came
from the hands of a prior carrier into bis. I
is in part because of his superior ability to
furnish tbe proof that the onus of showing
the cause of a loss or injury to be within the
exceptions to his liability is imposed on
the carrier. Fo the same reason
we think that ordinarily a subsequent carrier
shonld be required to show in what condition
goods came into his hands, or that their con
dition did not change while they were in his
keeping. The rule may seem hard, and so
may seem the rule regulating the liability of
the carrier, and fixing the burd-n of proof
on him, but public policy, and the due pro
tection of owners, require that common
carriers should be held to a severe liability.
Judgment affirmed.
Shall St. Paul Have a Sew Irivin Park
Fine Saddle HorsesFoxy Vflnd Other
Horses in Mr. Vezie's StablesTen Broeck
and Mollis McCarthy Miscellaneous
Horse Notes.
On Wednesday last Mr. Philip S. Harris,
land commissioner of the St. Paul & Duluth
railroad, shipped from Cynthiana, Ky., a
saddle mare for his own use, and a saddle
horse for Prof. Fogg. Harris
spent about two weeks in looking over the
fine stock of Kentucky, famous for its horse
flesh, and as he knows a horse when he sees
it, it is presumed he has something nice.
Both Mr. Harris and Prof. Fogg have made
these purchases with a view of joining the
St. Paul Driving Club, or "bold riders," to
which they will be a decided acquisition.
Mr. R. Barden is to be congratulated.
Thursday last his mare Crystal dropped
a horse colt by Western Chief. The new
comer is a bay like his sire, fine proportions
and stylish build, and Mr. Barden natuially
thinks he has a "good un." I ceitainly
ought to be, and the GLOBE trusts it will be.
The new driving park is now in a fair way
of being a thing of bona fi'le existence, the
meeting this evening resulting, probably, in
the organization of au association with suffi
cient stock subscribed to warrant an imme
diate commencement of work upon the
grounds and buildings. Should
the new park be opened, and
liberally and judiciously managed,
there is no doubt the effect would be bene
ficial to turf sports in St. Paul and vicinity.
The giounds selected being in immediate
view of the main business portion of the
city, the exercise and work of the horses
would be a continued reminder of the sport,
while on race days, with the sport fairly un
der one's nose, and the admission fixed at
"popular prices," as John would say, large
numbers of people would attend who would
never think of doing so with the race at the
present park. I is also claimed that there
need not necessarily be any clash of interests
between the two organizations. Said one of
the best known and highly respected horse
men of the State, to the writer, a day or
two since: I hope the new park will be
opened, and if I was in charge of the present
park, I shonld be of the same opinion. I
cannot in any way injure the old park.
On the contrary, it will operate to
educate the peoplo in a love for
trials of speed, and by thus increasing the
interest, insure a more liberal patronage of
turf events, the benefit of which will to a
greater or less extent be reaped by the man
agement of the old park." The GLO BE
neither endorses or dissents from this view.
But this department of the GLOBE does want
to see a diiving park so managed in this
city, that it will bring horsemen here with
then- flyers from all parts of the State and
Noithwest for fitting, and that will give oui
people an opportunity to occasionally see
and enjoy exciting races, both trotting and
Messrs. C. W. Youmans and E G. Nevins,
of Winona, recently brought from Illinois, a
splendid lot of heavy draught horses, em
bracing fourteen maresgrades, but chiefly
of Norman and Clyde stock. Also, one
handsome three year old stallion, five-eights
Norman, which took the first
prize in the Missouri State
fair held at St. Louis last year. The mares
average in weight over 1,300 pounds. They
will be taken to the large farm of Mr. E. S.
Youmana, near Marshall, Lyon county, and
used for farm and breeding purposes.
Among the horses attracting attention to
Minnesota as the home of good horse-flesh,
the little mare Foxie V., owned by Mr. Vezie,
of the firm of Judd and Vezie, Marine Falls,
stands pre-eminent. The mare is by King
Herod, by Sherman's Black Hawk. The
breeding of her dam is in obscurity. She
was foaled in 1869, and made her first ap
pearance on the turf last season, going
into fast company at the start, and in a
series of hard fought battles, the majority of
which she won and from all of which she
got a piece, steadily lowered her record to
2:30. Foxie Y., is a chesnut, compact and
muscular build, 15 hands high, short back,
stiff rump, with stifles well let down, high
chest, neat head and ear, full breast, and
intelligent eye and face. I condi
tion she weighs about 800. She is
reported to have wintered well and to show
every appearance of being able to repeat her
glorious career of last season. Mr. Vezie is
also the owner of Capt. Herod, a half brother
of Foxie V., and, like her, a chestnut. Capt.
Herod was foaled in 1873, is 15% hands high
and strongly built. He was handled a little
last year and got a record of 3:05: the grey
Clyde and Norman stallion, Monarch, weight
about 1,700 pounds Susie, a black mare
foaled in 1870, 15^ hands, record of 2:44%,
and several others. Mr. R. S. Piper, who
drove Foxie V. last year, is handling the
The GLO BE Thursday morning contained
the announcement of the race arranged for
July 4th next, over the track of the Louis
ville Jockey Club, Louisville, Ky., between
the king and queen of the running turf, Ten
Broeck, the Kentucky crack, and Molly Mc
Carthy, the wonder of the Pacific slope.
This meeting will be one of the most mem
orable in the racing history of this coun
try, and to estimate the number of persons
who will be in attendance to witness the
grand struggle at 40,000, is placing it very
low indeed. The terms of the race are pay
or play, so far as the money is concerned,
but it is stipulated in the articles of agree
ment that there shall be a good day
and track for the race, so that in
case the weather should prove unpropitious
on the glorious Fourth, it will be postponed
until the first fair day. I regard to the
judges of the race, it is understood that
nothing definite has been decided upon, but
Mr. August Belmost, of New York, has been
invited to be one of the trio. Mr. Clarke of
the Louisville clnb will probably be another,
and some California gentlemen the other.
Now that it is definitely settled that Mollie
McCarthy is to come east of the Rockies,
there seems no good reason why other
matches than that with Te Broeck cannot
be arranged befor her return to the slope.
There is fieety Parole, and reliable old Tom
Ochiltree worthy her metal, while their own
ers, the Lorillards, would undoubtedly be
willing to put up a purse well worth a trip to
Saratoga or Jerome Park to win. I addi
tion to these, there are several
other flyers whose owners would not
hesitate to offer inducements most
liberal. That some of jthese owners will
tempt Mr. Winters by "proffers of such
prizes is undoubted, and it is to be presumed
from Mr Winters' turf history that, his
mare remaining in good training condition,
he will promptly accept such proffers.
The ten-mile race over the Bay District
track at San Francisco, not long ago, be
tween Jack Stewart and Controller, was
an event of no ordinary importance in turf
history, as in it Controller cut down the best
recorded time for that distancethat of
Steel Gray, an English horse who, at Birm
ingham, April 13, 1875, did the distance in
27:56%. Stewart, the competitor of Con
troller in the California race, is a well known
long-distance trotter, and for nearly ten
years has headed the list with his twenty
miles to wagon in 50-23, tbe feat
having been performed over the Fashion
course, Long Island, Sept. 22, 1868. Th
match was for $1,000, and up to within a
short time of the race Controller had the
call, $25 to $18. but just before the horses
were sent off odds were given on Stew
art. At the start Stewart led, which
he maintained, sometimes being twelve
lengths in advance, until the first turn on
the last mile was reached when Controller
overhauled his compititor, and thence grad
ually drew away at every stride, and won
at a jog by some twelve lengths in 27:27%.
The performance was a grand one, and
elicited much praise from both professionals
and the public. The time of the miles was
respectively 2:47,\(, 2:49, 2:45^, 2:46^,
and 2:44.
^oller is a bay sixteen hands high,
A St. Louis correspondent of the Chicago
Tribune says: '-With 112 horses working
at the track, turf matters hereabouts wear a
very lively aspect. The trotting elements
predominate a large majority99 to 13
but the running element is very cheerful
and enthusiastic, and makes up a present
want of numerical strength by contemplat
ing the 257 magnificent tboiough-breds that
are enteied for tne stakes to be run for
June 4, 5, 6, and 7. The entries are: The
January stakes, mile heats, for five-year-olds,
thirty-five entries: Greeley stakes, three-mile
dash, for all ages, twenty-two entries Gar
neau cup. mile heats, for all ages, thirty-five
entries Merchants' stakes, mile beats, for
three-yeai-olds, thirty-eight entries: Lmdell
Hotel Post stakes, for all ages, twelve sub
scribers: and the Blow stakes, three-mile
heats, for all ages, eighteen entries, and they
promise more than has ever been realized at
any race meeting in America.
Milwaukee propose* to hang up at her
June meeting: $600 in the 2 50 class $700,
2*29 $800,2:20 ?1,000, 2:22 -5700, 2:32, fpe
cittl purse for Raius, amount not stated:
$600, 2:40: $1,000 fiee for all (Raius baned).
The track at Columbus, O., being im
proved, 'th running meeting will occur
June 12, 13, 14, and 15, and the hotting
meeting July 9 to 15.
The spring meeting of tho Nashville
Blood-horse association will occur on the
30th inst. There are sixteen events and
$4,000 in purses.
Isaac Woodruff, one of the oldest and beat
known driveis and trainers in the country,
has removed to St. Louis, and will open a
public stable.
Vera Cruz, now at Louisville, is reported
entiiely off, and it is said that it is extremely
doubtful whether he will be able to inn at
the spring meeting.
Mr. Shatter, Marion county, California,
has a yearling filly by Rustic, he by Whip
ple's Hambletonian, that has trotted a mile
in three minutes.
Another alleged tiotting wonder has been
unearthed, the phenomena this time hailing
fiom Listowell, Canada. Three years ago
the animal was pui chased for $76* out of a
brick wagon, and can now show trials close
to 2:20 (V).
There is a row in the Michigan circuit.
Jackson and East Saginaw both wanted the
fourth week in June. Tuestewards awarded
it to Jackson, and East Saginaw has drawn
out of the circuit and will gne its meeting
on its own hook, on its own date.
At the recent sale of select trotting stock
in New York, Loadstone, by Rysdyk's Ham
bletonian, sold for $.1,050 King Philip, by
Jay Gould, $2,900 'Beausiie, by Rysdjk's
Hambletonian, for $5,150 Inheritor, by Jay
Gould, for $1,350.
William Astor's string of racers have left
Fernichffe-on-the-Hudson for Monmouth
park, there to be trained for their engage
ments. The stable composes Vagrant, Fred
erick the Great, Palmetto, Pride of the Vif
lage, Dr. Koestler, Manhattan, Atlanta,
Saladin, Mulroony, Lulu and Bonnie Leaf.
An amusing incident occurred at the
Charleston (N. C.) race track a few days ago.
Fiist Chance and Annie G. had betin turned
out to refresh themsehfs with a roll on the
grass. After a short time spent in rolling
about, these two horses came up together,
without riders, bridles or saddles, and started
themselves for a race around the track. The
mare led gallantly for a while, until old
Chance became warmed up with the pace,
when he forgot his politeness, and, laying
his ears back on his neck, he made his run,
passed her, and came in a neck ahead. They
then stopped, tnrned aiound, trotted back to
the stand to weigh out, walked about a few
minutes, and lan around again. The hoises
then took another roll on the grass, looking
as if they were satisfied that they had done
their duty.
Eggs 12% cents and potatoes 40 cents.
Hon. Jno. Meagher, |of Mankato, and
Harrison McKusick, of Wisconsin, were in
town yesterday.
Alderman A. Gillespie, who hag been
on a tour of observation at Sioux Falls for
the past week was expected home last eve
Oscar A. Jackson, an old resident of Still
water, left yesterday for Mason City, Iowa,
where he intends to live for the balance of
his days.
A little child aged 14 years of Mr. Thomas
Francis, had the misfortune to break hia
arm yesterday. was playing in his
father's barn and it is supposed he fell out
of the loft door.
A new clothing and gents' furnishing
establishment has been opened in the brick
building lately occupied by O. A. Richter,
by Mr. Nicolas Anderson. This makes
three new store opened in Stillwater within
the past four weeks.
Ihe boy Ddherty who was drowned some
four or five weeks ago in Lily Lake, rose to
the surface Thursday afternoon and was
blown ashore by the wind. Though in the
water a long time yet his appearance was
very natural. was buried yesterday
We are sorry to record that our efficient
policeman, Jn o. Shortall, who has been con
fined to his bed for the past eight or nine
days, is now troubled with lung fever.
was feeling somewhat easier yesterday, and
we hope to chronicle his complete recovery
in a few davs.
Official Publication of a Resolution Passed
by the Common Council of the City of
fet. Paul, April 2d, 1818.
By Aid. Smyth
Resolved, That the Board of Public Works be
directed to have the following pieces of side
walk built, to-wit:
On the south side of Waverly street in front
of lots 11 and 16 in Bass's sub-division of
block 4, BasB's addition to the city of St. Paul.
Also on east side of John 6treet in front of
lot 5, block 25, Kittson's addition to St. Paul.
YeasAid. Allen, Cleary, Dow lan, Dreis,
Grace, Griggs, McCarthy, O'Connor, Bhodes,
Smyth, Mr. President11.
Approved April 3d, 1&78.

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