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Daily (Elobe.
BY H. P. HALX.
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BEACONBFIELD can't put on any airs over
his associate at Berlin, the Marquis of Salis
bury, for he, too, has received the decoration
of the Order of the Garter from good Queen
Victoria as a reward for his services to the
empire.
"THE Democrats will have a hard time,"
says the Cincinnati Gazette, "to get up any
excitement on the currency question this
year." As the issue of the Gazette, from
which this remark is taken, contains only
four and a half columns of financial discus
sion, we should judge that it don't regard
the question of any importance.
THE exhortation of the New York com
munists to their brethren in Germany to
elect men to paihament who will overthrow
militarism, even though prisons and exile
stare them in the face, reminds the New Or
leans Picayune of Artemus Ward's patriotic
determination to save the union even if he
was obliged to sacrifice all his wife's rela
tions to accomplish it.
IT is reported that the Diaa troops have
captured the notorious cattle thief and revo-
olutioniBt, Escobedo, and that ne in en route
for the City of Mexico. It is to be hoped
that the surmise of the correspondent, that
he will never reach his destination alive, will
prove true, for the world, and especially the
United States, can foiego the pleasure of his
longer continuance in this vale of tears.
IT speaks well for the moral sense of the
country that the present lecture tour of
Henry Ward Beecher is proving a failuie.
At Milwaukee only a half -lied house greet
ed him, and in St Faul fifty cents is the
highest preuunm offered for tickets. He
ought to be greeted with empty benches,
and those who employ him should be re
buked in a practical manner.
TEE prospect of having to contend with
Donnelly has alarmed Washburn, and his
henchmen are flying about endeavoring to
counteract the wave. Washburn* sees re
tributive justice in store for him in the near
future, if Donnelly takes the field, and jus
tice is what the pine ring gang most fear
and despise. Meantime the desire to see
Washburn impaled by Donnelly becomes
more and more general.
THE demonstrations of the Ganbaldians
In Italy in favor of the annexation of the
South Tyrol continues, but thus far no vio
lence has been attempted. The govern
ment, it is said, is prepared for any emer
gency, and will promptly put a stop to any
revolutionary proceedings Austria has been
reassured of the cooperation of the Italian
government in case of outbreak, and is
therefore, resting easy.
POPE LEO IS anxious for diplomatic celeb
rity, too. He has determined, it is stated, to
remove the Catholic church in Great Britain
and America from the control of the propa
ganda with a view to compelling these
two governments to re-establish diplomatic
relations with the Vatican. The device will
hardly work. Neither government regards a
Cathoho as an alien, even though he owes a
presumptive allegiance to Borne, and they
cannot Le drawn into a recognition of any
Buch pernicious idea as that a man's religion
affects his citizenship.
REVENGE IS sweet, and Hayes is now en
joying the most perfect sensations of bliss
he has experienced since his occupancy of
the White House. He has long been galled
by the efforts oi Ben Butler to show that he
participated in the Louisiana frauds. After
looking about for some time to discover how
he might be avenged, he discovered that
Ben's brother-in-law was postmaster at New
Orleans. The order instantaneously went
forth, "Off with his head!" and with a wild
whoop of friendship his excellency de facto
started on his visit to Ohio.
SECBBTABT. SOHURZ has received a letter
which oharges the responsibility of the fre
quent Indian wars in the West upon the
Mormons. This is not the first time the
same accusation has been made, and it can
not be denied that there is a strong ground
upon which to base it. There is no doubt
but the Mormons desire to keep the Gentiles
out of the teintory around Salt Lake with
the ultimate purpose of possessing the land
for themselves and then: descendants. If
the truth of the charge can be proved, the
^yruMIn
yimwiimMaw
0u
4(11)
WOO
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ST PAUL THURSDAY. JULY 25, 1878.
government will be authorized in taking ac
tive measures for the punishment of the
guilty Mormons.
i I,I|H'IT- '^jwm B, piixi^jimn ii mi un __,_
I WAS powerless to do good during the
last session," said Senator Grover, as he
walked up and down the platform of a Sac
ramento depot, "but it will be different next
time, for the Democrats will have a majority
in the Senate and House, and then we will
revolutionize things." The same may be
said by every Senator and [Representative
who has been sincerely anxious to serve his
constituents and the country at large faith
fully. "With a majority in one house firmly
opposed to reform, it would be unreasonable
to expect success, and therefore unjust to
judge by results. Until the Democrats gain
control of both houses of Congress they
must be judged by what they tried to do
rather than by what they accomplished.
NATIONALS AND DEMOCRATS.
The Nationals of Ohio held their State
convention on Tuesday, nominated a ticket
and adopted a platform. The chief reason
they give for quitting the other parties is the
want of harmony in sentiment on the finan
cial question. While this accusation is un
doubtedly true so far as the Republican
party is concerned, it is not true as regards
the Democracy. A comparison of the views
promulgated by the Ohio Democracy with
those adopted by the Nationals shows that
the two parties are in substantial accord.
Both denounce the law making greenbacks
but a partial legal tender denounce the na
tional banking law, approve of the remone
tization of silver, demand the repeal of the
resumption act, the lemoval of restrictions
upon coinage, and that the paper issues of
the government shall be made a full legal
tender for all debts, both public and private.
There is no difference discernable in the two
platforms on these points, which cover the
whole financial question The Democrats
of Iowa, Missouri, Michigan, Indiana, Ver
montand in fact of all the States that have
yet held conventionshave followed the lead
of the Democrats of Ohio with remarkable
fidelity, insisting upon the same changes in
our financial policy, and in no wise showing
even the slightest disagreement. There is
not, therefore, as alleged by the Nationals, a
divergence of sentiment on this question in
the Democratic party, but rather a remarkable
unityquite as notable as that which exists in
the National paity. The charge, therefore,
of want of agreement in the Democratic
party is manifestly unjust. That party is in
substantial accoid with the National paity
on this, the most important of all issues now
before the people.
This being the case, it seems to us to be
the part of folly in the Nationals to attempt
in any way to injure the strength oi inter
fere with the usefulness of the Democratic
party. Already the Democracy have a good
working majority one house of Congress,
and in the next Congress will have control of
both houses, and will then be able to carry
out their views on the financial question
which they have thus far striven with only
partial success to do. Instead of antagoniz
ing, the National party would be wise to do
all in its power to assist the Democratic
party, oi by that means it will hasten pre
cisely the legislation it most desires It will
be many years befoie the National party can
hope to control Congress, and it is doubtful
if that day ever comes, but by allying itself
with the Democracy it will odd strength to
its own cause and be able to enforce its own
views through lepresentatives elected jointly
by the Nationals and Democrats.
We also fail to find any material prinoiple
aside from fiaance in the platform of the
Nationals that has not already been avowed
by the Democrats. Protection of the rights
of labor against capital, the reservation of
the public lands for actual settlers, opposi
tion to servile and conviot labor,
are principles common to both par
ties. The members of the National party
can attain these ends much more speedily
and certainly through the medium of a well
.established, vigorous and almost dominant
organization than through a new party that
must inevitably struggle for years before it
can be able' to enforce its wishes. In the
union of the two paities there will be
strength, in disunion there will be delay,
if not disaster and defeat. These consider
ations are worthy of attention. There is no
use for two parties in this country with
identical objects in view. One can secure
all that two possibly could, and can secure it
sooner and assure far moie permanent re
sults.
ll _____
TAMPERING WITH WITNESSES.
There is no circumstance in connection
with the present investigation of the alleged
electoral frauds in Louisiana which so
strongly and convincingly argues the guilt
of the accused parties as their efforts to
prevent witnesses from testifying to facts
within their knowledge. Ever since the in
quiry commenced, the administration, from
the de facto President down to the meanest
official in his employ, have been active in
searching out men privy to the devices em
ployed by the pirate Sherman and his fel
lows to defraud the people of their franchise,
and by every means in their power have
sought to seal then* lips or to procure evi
dence from them favorable to the accused.
Negotiations with Darrall, the two Jenkses,
Kellogg, Mtrks and others have been openly
conducted, and numerous other witnesses
who were expected to testify against Sher
man and the visiting statesmen have been
provided with office and their silence oi
perjury purchased in other ways. This has
been a serious obstacle in the way of the
committee, which has been unable to pro
cure evidence confirmatory of statements
previously made for thi3 reason simply.
Another instance of the tactics of the ad
ministration was developed at New Orleans
on Tuesday. A witness had promised to ap
pear before the committee with evidence to
prove that the second set of returns from
Louisiana were forged. This wit
ness was secured by one of John Sherman's
strikers, the assistant dooi keeper of the Sen
ate, and by him spirited away, the last heard
of him being a telegram from Cincinnati.
Sherman and his allies cannot but be
aware of the fact that in tampering with
witnesses they commit a crime at common
law. It is to be expected, perhaps, that men
guilty of crime should seek to hide their
shame by the commission of
otherecrimes,
but tf *uey
bop6
thereby to escap moral
conviction they will find themselves greatly
mistaken. The attempt to prevent these
witnesses from testifying will not help their
cases. On the contrary, it is proof positive
of their guiltof the fact that there is yet a
great deal of damaging testimony not yet
reached by the committeetestimony that
they fear to have given to the public because
of ita damning character. Mr. Hayes is guilty of its suppression for he has con
tributed, by appointments to office, to sealing
the lips of the witnesses. Mr. Sherman is
gui ty for he and his agents have been dili
gently watching the proceedings of the com
mittee and suborning the perjury of wit
nesses from start to finish. Mr. Matthews
is guilty, for he not onlv personally refused
to testify as to facts within his knowledge,
but has exerted himself to procure the
silence of others relative to the matters un
der investigation. The whole disreputable
crew, great and small, are guilty of an infa
mous crime against the law, which is punish
able by imprisonment in the penitentiary,
and guilty of the still greater moral crime
of attempting to keep from the people
a knowledge of the means by
which they w*re defrauded, to the end that
the same devices may be again employed to
deprive them of the right to self govern
ment. If the de facto President, the pirat
ical secretary of the treasury, and the num
erous army of illegal administrators of the
government are not guilty of the charge of
defrauding the people of the whole country,
of their right to govern themselves, they
have taken a queer way of proving itthe
.very means that will convince the people
absolutely of their guilt and create for them
selves a future of infamy.
IN 1875 some practical jokers in Bramerd,
in this State, put up as a candidate for
mayor of the corporation a man whose oc
cupation was that of a swill merchant, and
the joke took so well that he was elected.
Fortunately for the jokers the legislature
was in session at the time, and being in a
quiescent mood, passed an act undoing the
work of the people, so that no injurious le
sults followed. The same sort of a joke
was perpetrated Farmington, HI, a few
days ago. They recently put up as a joke
one Fountain, just out of jail, as a candidate
for police magistrate, and in furtherance of
the joke elected him. Now they are anxious
to escape the consequences, and have ap
pealed to the governor for relief. That
official, howevei, is powerless the matter,
and the legislature is prohibited by the
State constitution from enacting any special
legislation. The consequence is that the
people of the town will have to submit to
being sentenced to jail by a man having a
wide personal expenence in that institution.
The joke was a good one, although some pf
the citizens think it was carried a little too
fai. But it serves them light
SOMK of the Eastern papeis appear to be
fearful of the results of Kearney's visit to
their section of the country, but, judging by
the reception he is receiving from his fellow
disorganizes, there is no ground foi uneasi
ness. The Eastern communists think they
are competent to run their own machine, and
look upon the visit of the California leader
as an intrusion upon their rights. Instead
of increasing the strength of the socialist
party his visit will undoubtedly result in dis
sensions and disintegration There are too
many men anxious to be recognized as lead
ers who will view with jealousy the advent
of the interloper from the Pacific slope.
A LIE travels faster and farther than the
truth. An obscuie Illinois journal recently
published what purpoited to be an inter
view with Senator Voorhees, and although
that gentleman promptly and emphatically
denied the sentiments attributed to him, we
find the Republican press gloating over his
alleged opinion of the Potter committee,
which he is reported to hold that "they can
only be regaided as disturbers of the public
peace, engaged in a profitless undertaking,
and if they do not become the laughing
stock of the country it will not be their
fault."
STILLWATER NEWS.
The water in the lake is slowly falling.
The steamer J. W. Mills, of Clinton, Iowa,
took out a raft for W. J. Young & Co., of
the above city, last evening.
The Aunt Betsy started last night for St
Paul with two barges of wood which the
Ada brought from the upper river for her.
Chief Shoitell's invitations to the dog mat
inee have resulted bringing in seventeen
dog ownerB up to last night, and several
cards yet to hear from.
There has been nearly $600 subscribed for
the new band instruments, and the remain
der will be collected before they arrive. The
price of the set of nine instruments is $700
Quite a party of our citizens went out on
the swimming train to Elmo last evening,
and although it had been cool through the
day the water was delightful, and the pleas
ure would have been cheap at double the
price.
The Kniehts propose to make a perfect
bower of beauty of Opera hall, on the oc
casion of their hop. Flowers, flags and
fountains will be used to beautify, while the
music of Siebert's orchestra will enliven the
occasion.
The amateur walkist, after an interview
with Madame Dupree, in which the latter
offered to walk him for $500 a side, one
hundred miles or more, to come off this
week, concluded that he could not prepare in
that short time, so the match is off.
The examination of Wm. Boelter, the
head-masher, came off yesterday, Theo. Van
Tassel, Esq., appearmg for the defense. The
prosecution examined the witnesses, but the
defense waived and the prisoner was bound
over in $1,000 to appeal before the grand
jury. The district attorney asked that the
court require two bondsmen, which le
quest was granted.
The reporter for the P. P. forfeited his
word by publishing an account of the death
of the servant eirl of the county auditor,
when it was especially agreed by us, at the
request of the coroner, that nothing should
be reported about it. Such action on his
part we consider in about the same light as
the violation of an oath, and he is welcome
to all the honor that may accrue therefrom.
'1 he Universahst society are making ef
forts to raise money to finish their church.
One of the society offers to give one
thirtieth of the cost, another who has Opera
hall engaged for the four nights of fair
week, offers to give the net proceeds of three
evenings, or will withdraw and let the so
ciety have the hall if they wish to have any
entertainment of their own on either of
these evenings.
The link noun Quantity.
I Newark, Ohio, Special to Cincinnati Enquirer
I met General Garfield in the parlor
of the hotel after the Presidential re
ception to-night, and had just started to in
terview him on the political situation by
asking what he thought would be the result
of the election in Ohio this fall, and had re
ceived this response "Well, this National
party is the XYZof this campaign, the un
known quantity that may deteymne the re
sult, and until I know what that quantity is,
and from whence it will obtain its strength,
can not answer your question.
THE ST. PAUL DAILY GLOBE, THUKSDAY MORNING, JULY 25,1878.
MINNEAPOLIS EXPLOSION
The Question Now Is, How Much of It Was
Destroyed by Fire and How Much by
Explosion?And the Insurance Men
Seem, to Think that Upon the Decision
of It Depends the SettlementWhile Mr.
Washburn Holds that It Makes No Dif
ference, as the Face of the Policies Must
be PaidAnd He Absolutely and Posi
tively Declines to Compromise.
[Chicago Times, July 23.]
The readers of the Times will remember
that it was predicted at the time of the great
explosions among the flouring mills at Min
neapolis that it would be a delicate question
to determine as to the liability of the in
surance companies for the damage done, in
asmuch as it was admitted that most of the
destruction was caused by the second ex
plosion, which began in "Washburn mill A,"
and was followed in quick succession in that
trnd other mills in the immediate vicinity.
The coroner's inquest, which has been re
ported full, threw very Utile additional
light on the question which harassed the
minds of the owners and adjusters, and
most of them have been diligently wresfling
ever since with the question of where the
damage by explosion ceased, and when and
where that by fire began, as well as the extent
of both. It was claimed that by taking the
whole damage and deducting therefrom that
which was caused by the explosions, the re
sult would be what the companies were liable
for. The owners, however, from the begm
ning figured from a different basis for ob
vious reasons. They lLsist that the explo
sions were caused by fire, and hence the
companies are liable for the whole damage
done to the extent of the amount of their
policies Many conferences and much cor
respondence have been^had, and still the re
sult is
TAB FBOM SATI8FAOTOBY TO E1THEB PABTZ.
The majority of the companies insist upon a
recognition of the fact that some damage was
done by explosion, and that by the terms of
the contract they are not to be held for such
damage. The insurance on "Washburn
mill A" was scattered among a large number
of companies, many of them located East
and South, and not authorized by law to
write insurance Minnesota, but as was
shown soon after the disaster, a large
amount of the insurance was placed in these
companies through'a broker in this city at
less rates than those who maintained agen
cies in that State were willing to accept.
The result was that the owners found that
they probably would have to do considerable
"hunting round" before they would find
some of the companies, as among the number
were some that no one in Minnesota had
evei heard of before.
Meanwhile the companies were mustering
their arguments to make a determined re
sistance to the claims which the owners
were making for total losses. Recently a
committee, consisting of S H. Southwick,
of this city Mr. Covington, of Cincinnati,
and a Mr. bt John, went to Minneapolis,
as the representatives of a large number of
the companies, to confer witn the owners of
"Washburn A." Upon their return the} re
ported that
A COMPBOMISE HAD BEEN EFFECTED,
but the following circular letter from Gov
Washburn, senior member of the firm, would
appeal to dispel any hope of a compromise
and abatement of the amount of the in
surance.
The circular letter referred to will, how
ever, speak for itself. It is verbose and
goes into details, but as an indication of the
amount of labor and talk which both parties
to this controversy are bestowing upon the
question at issue, it is a success.
THE LETTER.
MINNEAPOLIS, July 1878.S SOUTH
WICK, Lsq ChicagoDear Sir I received this
p. M. a letter from B. B. Carson, adjuster of
the Royal Canadian, from which I extract the
following, viz By the report of a committee
appointed by the companies represented on
your mill loss I find that you estimate the
value cit the mill at the time of fire at $252,-
028 77 You also admit loss by explosion at
$104,654 90, loss by fire, $147,373 e-7." I in
fer from this letter that Mr. Carson gathered
from your report that I had made the admis
sion that my loss by explosion before the fire
was the amount stated by him I made no
such admission at any time and I now propose
to recapitulate, so far as I can, what took place
at the different interviews I liad with you Mr
Covington and Mr. St John, comprising the
committee visiting here the latter part of June,
as I am satisfied that theie had been some mis
representation by some one, which I ought to
correct.
You met me by appointment at the house of
W. Washbuin, in tne afternoon of June 24
Mr. Covington stated that you had come here
as a committee representing companies whose
policies I held, amounting to $120,000 to Bee if
a compromise could be effected with me He
said that the companies represented were those
which had no agencies in the State, and a few
others whose names were not given me He
said that you were authorized to offer me 60
per cent, of their policies. The proposition
was not entertained by me for an instant It
was said by you all that the companies claimed
that they were
ONLY LIABLE FOB DAMAOES DONE BY FTBE
after the explosion. That position I denied,
and said to you that you knew perfectly well
that my mill was on fire several minutes before
any explosion, and that the mill would have
unquestionably burned up had there been no
explosion whatever. I said to you that the ex
plosion was the result of fire and the rapid
combustion of flour dust, which every mill
contains in a greater or less degree. That its
inflammable character was well known to in
surance men and was one of the principal rea
sons why insurance on flouring mills was so
high. But, said I, conceding that your con
struction of the question of your liability was
the correct one (which I always denied), I assure
you that I can demonstrate before any court
and jury, if there had been no fire after the
explosion, the machinery would have been
worth more than it was insured for, and I
showed why such would be the fact. The forty
run of stones, the finest ever set up on this
continent, I had shown in my proofs to be
worth $2,000 per run, but which in my sched
ule were only set down at the cost, as it was
not necessary to put them at their actual value,
as my loss was so much in excess of my
insurance.
The reason why they were of such great
value I stated to you and also my belief that
they would not have been injured by the ex
plosion. By the fire they were totally de
stroyed. Could they have been saved from the
fire, they would have been worth $80 000. The
other machinery, if it had been simply thrown
down would have been worth a sum greatly
exceeding in the aggiegate, all my insurance
on machinery, which was $117,031. We then
ran over the schedule showing the cost of the
building, which was $77,078 63, and insured
for $58,577. I insisted that no man could say
what the material of the building would be
worth after the walls had been thrown down,
but we ran over the items and guessed at what
the material might be worth if thrown down
and not burned up We made it between $21,-
000 and $22,000.
LESS THAN THE INSUBAKCE.
I insisted that if I should admit all tney
claimed in regard to the liability of the com
panies they could not possibly reduce my in
surance more than twelve per cent., and that I
thought it rather small business for these com
panies, very few of which had policies of over
$2,000, to make a point on me, as no case had
been shown me where insurance companies had
avoided liability from afire in a figuring mill
from a similar cause.
This closed the interview on that afternoon,
and no result was arrived at or approached. By
request, I met you that evening at the Nicollet
house, and the ground was again gone over with
like results. Mr. Covington said, during the
evening, that it had always been his opinion
that the companies should pay me seventy-five
per cent, and he thought that they would do
so, if I would take that. I then told you that
it was useless to waste any more time in talk
ing, that there was one wav, and but one way,
to settle with me, and that was to pay me, as
legally and in honor bonnd to do, the face of
my policies, and I took my leave, but agreeing,
at your request, to meet you again the next
day in the afternoon. To make this narration
complete, I should say that between our first
and second interviews, I received a letter from
M, Muir & Son, proprietors of the Tradestone
Kb
nulls, Glasgow, Scotland, transmitting a full
account of the explosion and destruction by
fire of their mills, in 1872. The destruction of
these nulls was a
PBEdSELY PARALLEL CASE
to mine. I read this letter to you, in which
they said that they had 90,000 ($450,000) in
surance, and that the companies paid them all
without suit, but 200. The next day we met
as you agreed. Many arguments were made
use of to induce me to compromise, the prin
cipal of which was, that it would cost me a
great deal of time and money if I had
to litigate all of which I admitted.
An arbitration was proposed, but
I expressed a preference for going before the
courts. I said to Mr. Covington that I supposed
that the companies at Cincinnati would be
willing to have one suit decide the liability of
all, to which he responded very quickly and
emphatically, No' which satisfied me that it
was not justice that he wanted, but to threaten
me with annoyance to get a better compromise,
and I responded that I only made the sugges
tion, supposing that it would be agreeable.
I then suggested my
WILLINGNESS TO ABBITBATE
the matter, saying that the arbitration should
be here, where the witnesses all were, and the
facts well known, but when I acceded to an
arbitration, your anxiety for one seemed to me
to quickly depart No result having ben ar
rived at I bade you all good-by, not expecti-g
to see you again, and expecting, so far aB aU
the companies not represented in the State
were concerned, that I should have to assert my
rights before the proper tribunal.
To my surprise, however, you called upon me
the next morning to say that you had called
on me, not as an insurance man at all, but as a
friend
1
feiSs
I thought that very kind in you,
considering our friendship one of so recent a
date, having met you for the first time three
days before. You expressed great regret that I
would not entertain a proposition of compro
mise You were sure that I would regret that
I had not done so, because it would cost me
more to litigate than I would lose on a com
promise. But another point you pressed with
a good deal of force, and that was that many of
my companies, as you knew, were very weak,
and you offered to
BET ME A SILK HAT
that twelve of them would fail before I could
get judgment against them. I took the bet,
and vou, at my request made a memorandum
of it in our book, and I did the same in mine
You then took a pencil and made figures which
I now have The} were to the effect That
you, Mr. Covington and Mr St John, repre
sented $120,000, and that if I would take $110,
000 you were certain that the matter could be
settled. I declined, and again we shook hands
for good-bye, but an hour or two later I re
ceived a note from you, saying that if I was
going to call that you wished that I would do
so at 3 P. M. I called at 3 ar and I then
said to you Do I understand that if I should
accept the proposal to pay $110,000 for $120 000
that you are prepared to cloRe it here and
now'" You responded that you were not, bnt
would submit the proposition and recommend
it, and you had no doubt the companies repre
senting the $120 000 would all accept it. Mr
St John said, speaking for his companies, that
he was prepared to close the matter then on
that basii
I replied to you that if you had no authority
to cl the case I did not want to talk any
more about it but said that when the compa
nies not represented in the State made the
proposition indicated by you I would answer
whether I would accept it, yes or no, and left
you with the positive declaration that I would
not make sny proposition for a compromise
Mr Covington was not present at this last in
terview I ought to have said before this that
at our meeting the day before I recognized that
you had me at a disadvantage so far as the
companies not represented in the State were
concerned, and I said referring to those com
panies 'If you make me any offer looking to
a compromise, I tell yon in advance that any
offer that contemplates a deduction of over 5
per cent will not be entertained. I should
say further that you all agreed that the com
panies represented in the State would pay me
in full voluntarily, with one or two excep
tions, which for the honor of those companies
you did not name.
I said to you that should I take less than the
face of my policies from your companies I
should feel bound to notify all other compa
nies as to what I had done and why I had done
it, and if they were willing to get down to the
same level I should give them that privilege
I have endeavored to make you a full and
truthful statement of my intercourse with you
and if I have failed in any way I beg you to
say where, and if the same IB true I ish you
to" eay so in answer to this letter, as I am not
willing that my position should be misunder
stood by anybody. Yours very truh
C. WASHBUBN.
STRAIT A MINORITY CANDIDATE.
How He and His OfiioeJioldei Fooled the
Convention.
To the Editor of the Globe
BED WING, July 23,1878.The opposi
tion to Strait in his Shakopee convention
was much more general than even your le
portei desnbed it, and the feeling over his
renomination here is intense, and none the
less so because quietthe faot is, the Re
publicans are disgusted. But to return to
the convention. Being one of a party to
whom one of the delegates to that conven
tion spoke more candidly than Maj Strait
would consider politic, I heard enough to
satisfy meas it will you and every one ac
quainted with the situationthat Maj
Strait was not the choice of the Shakopee
convention, but was, notwithstanding all the
efforts of his collaied tools (C S. office-hold
ers) a minority candidate. Oui friend, the
delegate, showed conclusively that this was
the case by the following undeniable tacts
He said "You know that this (Goodhue)
county was opposed to him, and that Rice
county instructed then delegates to support
Gordon E. Cole. Well, after we got to Shak
opee Collector Bickel, Postmaster Leavens
and Wilson of Faribault and other hench
men of Strait made a tremendous effort to
have the different candidates to withdraw
and not ha\e their names presented, arguing
it would be better all round to give him a
good send off by nominating at once, and by
acclamation, and succeeded so far as to get
Rice county to drop Cole, and Chandler, of
this county, to withhold his name But
Kandiyohi, Wabashaw and others refused to
do this, insisting that Strait was not their
choice, and they would only vote for him
when it was seen he had a majority without
them. He got fifty-nine out of eighty-five
votes cast, and of those fifty-nine there were
the ele\en from this county, and ten from
Rice, and six others that I know of that did
not want him.So you, see, gentlemen, tha' if
you deduct from Strait's fifty nine votes
these twenty-seven votes, and place them
with the twenty six cast against him, the
vote would have beenStrait thirty-two,
against him fifty-three."' Warming up at
the thought of how they had been duped, he
added "There's no use in denying it, gents,
Strait and his office-holders were too sharp
for us. They realized their danger, and we
made dd fools of ourselves by falling into
the trap laid for us."
That this delegate stated the naked truth,
is borne out by the facts. Gordon E. Cole
received but one vote, and M. S. Chandler
but two votes, and these were cast by parties
not from Rice or Goodhue counties, Deduct
the votes of Goodhue and Rice counties from
Strait, and place thena with the opposition,
and you will see at once that he is a minori
ty candidate. The want of concert of action
among those opposed to him was all that
prevented his defeat. It is apparent that the
desire for his renomination was not sufficient
ly overpowering in its influence to prevent
those delegates from showing their disgust,
who cast three votes for D. L. How, (the
Major's business partner) and one for Hon.
Henry Poehler, the Democratic candi
date.
So you see, Strait was not the choice of
even a majority of the delegates.
TapTH.
i
"The Com.inu Man."
[Martin County Sentinel.] _-
Gen. Mark D. Flower, of St, Paul, is the
coming man for State auditor. O. WhnV
comb, the present incumbent, has fattened
at the public crib for years. He is opu
lent and independent, and is in good condi
tion for retirement. General Flower is com
petent and deserving, and if nominated will
go in by arousing majority.
a %#JWffWi- ,_-
SUPREME C0UET.
FVI.II TEXT OF DECISION FILED.
George Person and StepTien S. Smith, Respondowned
ents, vs. William Wilson, Appellant.
OPINION.
It is conceded that the respondents and one
Converse having on the 21st day of May, 1875,
purchased and acquired a certain tract of land
containing a mill site and water privilege on
the condition, as stated in the deed transfer
ring to them the title, "that they should com
plete and have in running order thereon on or
before the 1st day of June, 1876, a flour or grist
mill, to be known and run as a custom mill
by themselves, or by their heirs or assigns,
with at least two men for setts of burz,"
thereupon formed a co-partnership for
the purpose of building the mill
in pursuance of the conditions of such purchase
and entered upon tbe undertaking as co-part
ners by commencing the construction of the
dam and the erection of a mill on the proposed
site. The evidence also tended to prove the
following additional facts The joint enter
prise was prosecuted td some time in August,
1875, when the work was suspended or aban
doned. During this time Converse had the
personal supervision and active management
and control of the business when the mill was
being built, remaining constantly on the
ground, while the plaintiffs lived some miles
away ana were engaged in active puisuits, vis
iting occasionally the scene of operations. A
dwelling house was built upon the tract into
which Converse moved and lived The dam
was partially constructed, a foundation for the
mill was partly put in, and the mill itself was
mostly framed before the suspension of the
work. After the inception of the enterprise
the plaintiffs, as they state in their own
testimony which is uncontradicted, bought
for the purpose of putting up the mill a
quantity of lumber described by them as "a
lot of lumber," consisting of plank timber,
boards, shingles, studding and flooring of such
different kinds as would naturally be required
for such a purpose and enough to build a mill
30 by 36 such as it appears was contemplated
They paid for it out of their own funds, but
delivered it on the proposed site for the purpo
ses for which it was bought I was billed in
the name of the partnership and receipted for
accordingly Though received and paid by the
plaintiffs personally, it does not appear that
thej then or ever objected to the manner in
which the bills were made out On its delivery
upon the ground belonging to the members ot
the firm, Converse took actual poseession and
charge of it built the house out of it put por
tions of it into the dam and other portions
into the foundation for the mill, and also
framed out of it the entire mill ready for
erection excepting the rafters. While this was
being done the plaintiffs visited the plate from
time to time, and saw the condition of things,
but made no objection so far as the evidence
shows, to the use that was being made of the
lumber, nor does it appear that there was evei
any special arrangement or understanding
between them and Converse reference to
this lumber, other than what grew out of their
partnership or joint relations in the prosecu
tion of tbe common undertaking which they
were engaged. The acta of Converse, there
fore, in taking possession of the lumber and
applying it to the uses he did, must be held
pxosumably to have been the acts of the firm
The present action concerns that poition of
this lumber which was left at the time of the
suspension of the work, and which, had not
been actually used in the construction of the
house, or put place in the dam and founda
tion for the mill structuie. The claim of the
plaintiffs includes not only the unused
portions of the lumber, but the
entire fiame work of the mill
not already erected or in place, though partially
or wholly fitted therefor The claim is vested
upon the proposition that such portion so left
never became partnership propertj but belong
ed to the plaintiffs alone. In the submission
of the case to the jury the court stated with
out objection from either side that it was
not controverted that Peison, Smith and Con
veise were engaged the joint undertaking of
erecting a mill, and that they were so engaged
as partners." Its charge, however, contains a
refusal and instruction in tbe following Ian
guage, which was duly excepted to by the de
fendants and which is here assigned as error
viz I am requested, gentlemen of the j-r y,
by the defendant, to instruct you that the
propertj having been purchased and delivered
upon the ground to be used in the prosecution
ot a common enterprise by Perhon, Smith and
Converse, and portions of it having been pre
pared for the purposes of the farm, that the
same became partnership property of the firm
I decline so to instruct you that under those
circumstances the property became the part
nership property of the firm, but the mere
fact of its having been purchased by Smith and
Person and placed upon the ground ultimately
to be put into a mill, and of erecting it would
not necessarily make it mill propertj If there
was a partnership existing between the parties
for the purpose of building a mill and the
lumber put into the building, then l'became
paitofthe partnership, and it is a question
tor you to determine from the instructions I
have given you, the question of fact whether
this property became partnership property or
not The jury must have inferred, as they
ery naturally might, from this refusal and
instruction that none of the lumber bought by
the plaintiffs became partnership propertj un
less it was actually incorpor-
ated into the proposed struct
ure which the firm was
engaged in building That they regarded this
as the decisive test in determining the question
whether it was firm property or not is obvious
from their verdict, which evidently includes
compensation for all the lumber which was not
so actually incorporated and put in place in
such structures, whether it was partially pre
pared and fitted for such uses or not This was
cli arly error. Lumber fitted and prepared for
a partnership use at the expense ot the firm
by being framed for the null, became as much
the property of the firm as though it had been
put into the building itself. Proof that the
lumber was bought and delivered by plaintiffs
upon the ground belonging to the members of
the firm for the purpose of being there used in
their joint undertaking as partners, and that
Converse, who had the personal charge and su
pervision of tbe enterprise, thereupon took
possession of it, and with the
knowledge and silent acquiescence of plain
tiffs proceeded to use it as needed for any of
the partnership purposes, whether in framing
the will or otherwise, would be sufficient alone,
if uncontradicted, to establish the fact of a
conversion into partnership property of the en
tire lumber with the implied agreement and
assent of all the parties, even though it was
wholly bought with the means of the plaintiffs
The exceptions to the portion of the charge
and the refusal consideration were well taken,
and for this alone a new trial must be granted
In view of a new trial, it is well, perhaps, to
consider briefly the instructions which were
given in relation to the liability of the defend
ant in case the property in controversy was
found to belong originally to plaintiffs and
Converse, not as partners, but as tenants in
common, and that the latter holding
the entire and actual possession
del lvered it to the defendant under a bill of
sale, assuming to transfer the title to the
whole property as his own instead of his undi
vided interest therein Upon this Btate of facts
the sale from Converge to the defendant only
operated to pass the title to the interest which
he owned and not the shares belonging to the
plaintiffs.
Merseveau vs. Norton, 15 Johns, 180.
By the transaction the defendant acquired
title to the undivided interest belonging to
Converse, together with the exclusive actual
possession of the entire property thus owned
in common.
His position then was that of a co-tenant with
plaintiffs owning an undivided interest and
holding actual possession of the whole common
property. As such tenant he had no right to dis
pose of the interests of his co-tenants by a sale
and delivery of the entire property as his own,
for that would be an act in such total violation
of the proprietary rights of his co-tenants as
would sever the co-tenantry and be deemed in
law equivalent in its effects to a loss or de
struction of the property itself.
Wilson andGibb, vs Reed 3 Johns, 177
White vs. Osborc, 21 Wend 75.
Weld vs. Oliver, 21 Pick 559
There was some evidence tending to show a
sale in this case, and enough, perhaps, to justify
the court declining to withhold the question
of a conversion from the jury. But the ruling
contained in the instructions which were given
to the effect that the acts of the defendant" if
so found "in claiming to own the entire prop
erty, refusing to deliver it to the plaintiffs
when they demanded it, at the same time as
serting ownership over it and an entire owner
ship in the property," as testified to by the
plaintiffs, wereufficient to Justify the jury in
finding a conversion was clearly erroneous
The only demand proved or attempted to be
was for the whole property as the sole and ex
clusive property of the plaintiffs. In making it
they recognized no interest whatever in the
defendant, as co-tenant or otherwise.
His refusal to comply with such a demand,
though put upon the ground of an exclusive
ownership in himself, cannot be regarded as a
repudiation of any of their rights as co-tenants
to the joint use and occupancy of the property
in common, for no such rights were
claimed or asserted. The demand and refusal
therefore accompanied, though the latter may
have been with a elaim of sole ownership
the defendant, furnished no evidence whatever
of a conversion, and the jury should have been
so instructed.
Swartwout vs Evans, 37 Ills 442, Bill vs
Shrive, 14111s., 462, Gilbert vs Dickerson, 7
Wend 449.
Uoon the pleadings the value of the property
alleged to have been converted, stands ad
mitted, and hence it is unnecessary to inquire
into the correctness of the rulings upon the ad
missibility of the evidence upon that question.
Neither is it deemed important to consider any
of the other points made on the argument.
The order appealed from is reversed and new
trial granted. COBNELL, Judge.
GLOBEI.ETS.
Lobsters in Maine are protected by law be
tween the 15th of July and 15th of September.
During the past winter a New Hampshire
woman has cut and piled twenty-three cords of
wood
Ex-Congressman Snow, of Indiana, is build
ing a palatial residence near Indianapolis. It
is said to be a nice house
Admiral Gore Jones, of the British navy, has
reached Long Branch As a pleasure Gore
Jones is to be remembered.
The wife of an ex-Congressman and daughter
of a former United States Senator now makes
an honest living selling milk at Washington
A pencil case, Baid to have been given by
Lork Nelson to Lady Hamilton, and no very
costly gift either, brought $100 at auction in
London.
Herr Strousberg the ex-railroad king of
Germany, has offered his oreaitors three
cents on the dollar. Their claims amount to
$16 000,000
"Dr." Morton, the Cincinnati grave robber,
openly promenades the streets of that city
daily Where is the indignation that abounded
so much a few weeks ago
5
Rabbi Wise of Cincinnati who disowned his
daughter because she married a Christian, has
relented and invited his daughter to return
He has been and still is Wise
Calvin Anderson, a negro of Bellbuckle,
Tennessee, was th^ wrong man for a lynching
party to attack. He killed the man who carried
the rope, and wounded two others
General Grant once used the palette and
brush Be painted a number of pictures one
of which is now preserved in the library of
ex-Secretary Bone, of Philadelphia
The beer sellers of Cincinnati are having
portraits of Murat Halsted substituted for
those of Gambrinus in front of their doors, in
testimonv of hia efficiency in the auti water
crusade
General Butler nephew Col Geo But
ler, got on a spiee in Washington last Friday,
and taking a kloptomaniac turn stole a suit of
clothes. The partiality for spoons is not a
family one.
There are over 25,000 flouring nulls in the
United States giving employment to 60,000
men These mills turn out annually 50,000,000
barrels of flour Who says America is not the
flower of the world'
Some one wrote to Horace Greeley inquiring
if guano was good to put on potatoes He said
it might do for those whose taste had become
vitiated with tobacco and rum, but he pre
ferred gravy and butter.
The London Ti nes oubhshes an official para
graph denying that Lord Duffenn has con
sented to prolong his term of office as Governor
General of Canada and announcing that he
will leave Canada in September
Baltimore belles, when they go bathing at
Atlantic City, consider it the correct thing to
be accompanied by pet Newfoundland dogs
Other breeds of puppies watch them from the
beach and comment on the little duckH
Lord Beaconsfield has a considerable collec
tion of portraits of his friends the latest ad
dition to which is the portrait of Sir Nathamol
dj Rothschild, painted by MrB Joplmg and
esented to the premier by Sir Nathaniel him
Sdlf.
After a shaip, quick thunder-storm in Bra
goria county, le-as, Bearch was made far Wil
lie Jaaiison, a young man of nineteen years
He was found sitting astride his horse, bnt
dead, with two holes forked by lightning in his
skull
The Jewish women are beginning to be taint
ed with woman's rights notions They ask
that the benediction, Blesaed art Thou, 0
Eternal, our God, that Thou hast not made me
a woman be expunged from the Jewish
ritual
'It lies between Boston and Chicago," says
the Post of the city first named We dou't
know what it' refers to, but we bet on Chi
cago hicago Times We meant as to which
lurniBhed the meanest quality ot liquor Bos
ton Post
Mayne Reid is surprising England with a
breed of black Bheep with white faces and
bushy white tails They are to be shown at
Ludlow, though they were refused admission
to the exhibitions of the Koyal and Hereford
societies
The latest yarn about fast time is to the ef
fect that on a ceitain railroad a young man put
his head out of tbe car window to kiss his girl
good bye, when the train went ahead so rapid
ly that he kissed an old African female at the
next station
Miss Beckwith who astonished London some
little time since by swimming ten miles in the
Thames before she was fifteen years of age, will
shortly try to swim twice that distance. Should
she succeed she may try the passage from
Dover to Calais
Prof. Wood has analyzed the seed of Sophora
Speci06a, a native plant of lexas, and has de
tected anew alkaloid, which he names Sophona
Half of one of the seeds is saia to be sufficient
to produce delicious exhilaration, followed by
a sleep lasting one or two days.
Mr George Palmer, the newly-elected M.
for Reading has publiaeed his election expense
accounts according to law His seat, which he
will hold only for a year, and that without pay,
cost him Ss7,9J5, and this is the smallest out
lay ever known in connection with an election
contest in Reading
In France architects and contractors are le
gally held responsible for a period of ten years
after the completion of a structure for total or
partial loss occasioned by detective plans or
work. If such a law was in force here our
aichitects and builders would all be either in
the bankrupt court or the penitentiary
Of Americans abroad Mark Twain is at
Heidclbeig, Bret Harte, journeying slowly to
ward his consulate, Henry M. Stanley, resting
and dining in Pans, Recorder Hackett, of New
York, enjoying the exhibition, and Judge Noah
Davis, hand-m hand with Judge Brady, hunt
ing for avalanches among the Switzer peaks.
General Grant was banqueted at the Hague.
In response to the toast, "The Republic of the
United States," he assured those present that
there was "plenty of room for good Dutchmen"
o\ er home, and jocularly added that though it
took five years to become naturalized they
could "vote earlier if they preferred the Demo
cratic ticket."
A South Camden school teacher was endeav
oring to explain the meaning of the word
"enough" to a dear, cute little girl of five
years. Said the teacher If a cat was to eat
a whole lot of bread, and lap a whole lot of
milk, and eat some fish and a whole lot ot
things, what would the cat have?" Kittens'"
exclaimed the unsophisticated creature.
*_*_ r
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