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8T. PAUL, THURSDAY. OCT. 23. 1879.
GovernorEDMUND IUCE, of Bamsey.
Lieutenant Governor-E. P. BARNTJM, of Stearns.
Secretary of StateFELIX A. BORE of Le Sueur.
State TreasurerL. E. OOWDUEY, of Olmsted.
Attorney GeneralP. M. BABCOCK, of Hennepin.
R. R. Com.COL. WM. COLVILLE, of Goodhue
Ramsey County Ticket.
Register of DeedsOTTO DREHER.
County TreasurerC 8. IILINE.
County Atton eyJ J. EGAN.
CoronerO A. STEIN
County Com.Upper District. JOHN GRACE
Lower Dietrict, J. MoINTOSH.
Country, THOMAS RYAN,
County Surveyor-L. W. BDNDLETT.
Municipal JudgesWM B. McGRORTY,
JAMES F. O'BRIEN,
Court CommissionerT R. HUDDLESTON.
Ramsey County Democratic Committee.
ST. PAUL, Minn., Oct. 22, 1879.
In compliance with a resolution of the Dem
ocratio county oonvention, held on the 18th
inst., I hereby designate and appoint the fol
lowing persons as members of the Democratic
county committee for the county of Bamsey
for the ensuing year:
P. H. Kelly, chairman.
First wardCol. A. Allen.
Second wardJohn Bell.
Third wardJoseph Hardv.
Fourth wardCol. C. W. Griggs.
Fifth wardTimothy Kelly.
Sixth wardMartin Brugneman.
County precinctsWm. Nettleton, Lorenzo
Hoyt. JAS SMTTH, JH.,
President of Convention.
COL. C. S. ULINE hag written a letter de
clining to be a candidate for Oounty Treas
urer. The letter will be presented to the
Democratic county committee to-day for
SPAIN is again talking of emancipating the
slaves in Cuba, the latest proposition being
to free all the bondsmen in seven years after
the passage of the emancipation bill. This
might be satisfactory if there was any cer
tainty as to to the time the emancipation bill
will be passed.
OTJB telegraphic report of the Wall street
exci'ement yesterday, which appears in th
market columns on the third page, will be
found of unusual interest. The boom in
stocks is of snob, an extensive character as
to awaken apprehensions of serious trouble
when the reaction comes.
THE report of the Russian occupation of
Merv, on the road to India, is pronounced
untrue by the best authority. The report
of its capture is thought to have been the
cause of the hostile remarks of the Marquis
of Salisbury at Manchester the other day,
for England could not fail to regard such a
movement as a menaoe to her Indian posses
THB Republicans of Louisiana are crying
before they are hurt. The oonvention which
met at New Orleans on Tuesday adopted a
resolution protesting against the removal of
Kellogg from the seat in the Senate whioh
he usurped. We do not think it is the in
tention of the Senate to kiok him out,
though he richly deserves it, and the protest
is hardly necessary.
GEBMANT has decided not to return to the
bi-metalho standard in her currency. One
of the ohief causes of the depression in
business in that country was the abandon
ment of that standard, and it would seem as
if a remedy should be sought through its
restoration. The misfortunes of the coun
try will awaken little sympathy in view of
this neglect of a splendid opportunity to
bring about better times.
THE political outlook in New York contin
ues to be favorable to the cause of
the Demooraoy. Kelly seems to
have made no perceptible impression
in the interior of the State save on
the line of the Erie canal, where his vote is
placed by the best judges at from three to
four thousand. It is admitted by his sup
porters that his vote outside of New York
and Brooklyn will not exceed seven thou
sand, and this number will be more than off
set by desertions from the Republican ranks
IF the agent of tbe Associated Press in
London was in partnership with the wheat
speculators at Chicago and Milwaukee, he
oould not do them greater service than he is
now doing. It is said that the prospect of a
war between England and Russia is the only
thing that maintains the price of wheat.
The press dispatohes are sufficiently warlike
to keep up the feverishness, but when sifted
down to bottom facts there is very little
foundation to them aside from a little harsh
language between the newspapers of London
and St. Petersburg.
THE Chicago papers, naturally, perhaps,
are opposed to the improvement of the
Mississippi river as suggested by the Quinoy
oonvention. They fear that if the naviga
tion of the river is improved a large part of
the gTain grown in the northwest will find
its way to Europe by way of New Orleans,
and Chicago would therefore lose the tolls
on grain it now collects. The people who
will be benefitted by the improvement the
producers of the Mississippi valley will
not be likely to consult Chioago's wishes in
CANADIAN justice is an improvement on
the quality of the article dispensed on this
aide ot the border. Sir Franois Hinoks, a
former member of the cabinet, has been
convicted of making false reports of the
condition of a bank of whioh he was one of
the directors, and will probably goon be
playing chequers with his nose behind an
iron grating. Meantime Chicago, St. Louis,
New York and Boston are thronged with de
faulting bank presidents and cashiers,
and there doesn't seem to be a
thought of punishing them.
SENATOR WINDOW, in a speech before the
river improvement oonvention at Quincy,
spoke of the Romans as a commercial peo
ple who steamed and sailed down noon the
vessels loaded with corn, etc A suppressed
laughter was observable in all parts of the
house, whioh the Senator noticed and at once
corrected himself in regard to the use of
steam at that early day. A gentleman pres
ent remarked that it called to his mind a
picture he bad onoe seen of the killing of
Abel by his brother Gain, in which the mur
derer was represented as being armed with a
double-barreled shot-gun, and a breech
loader at that.
THB Republican papers have undertaken
the job of providing a Presidential candi
date for the Democrats. For a long time
they have been trying to force Tilden upon
the party, but finding that he is really a for
midable candidate they have laid him aside
temporarily, and have undertaken the job of
helping Hancock along. We would suggest
to our over-officious cotemporaries that the
Democrats are perfectly competent to choose
their own candidates. They are apt to look
with suspicion on any man who is approved
by their adversaries.
THEBE is likely to be a little unpleasant
ness between Gen. Franklin and Gen. Burn
side growing out of the Fitz John Porter
trial. It will be remembered that at the
first trial certain letters from Porter to
Burnside, severely criticising the conduct of
the campaign by Pope, were submitted, and
had a very preceptible effect in producing a
verdict of conviction. Gen. Franklin has
recently written a letter to a friend in which
he characterizes Burnside as a fool or a
knave to thus make public what was intended
only for his eye. The question that is now
agitating Burnside's friends is whether or
not he will call Franklin to account for his
language. If he does the latter may come
to the conclusion that it is not best to speak
the truth at all times.
We have at various times heard of a qua!
ity denominated "monumental cheek," but
have never until recently seen it exemplified
fully. This exemplification we find in the
report of an interview between a correspon
dent of the New York Tribune and Mr.
Rutherford B. Hayes, who, by the grace of
a seven to eight electoral commission and the
forbearance of a greatly outiaged people, is
filling the office of Prt sident of the United
States. The interview, after covering a
wide range of political topics, oonoludes as
"Haven't we great reason to fear," I asked,
"that the Democrats wilJ count out ournominee,
oo matter what his majority may be? They
have both houses now, and their power over
tbe returns is absolute. Are they not denounc
ing the supervisors'IMW to make pretense for
throwing out the vote of States where it is en
"1 think public opinion will prevent them
from adopting such a course," replied the
President. "The independent voters and in
dependent newspapers, siding with those of
the party to be defrauded, would form too
strong an opposition to be defied. A few
moderate Democrats in Congress would have
the power of preventing the carrying out oJL
such a scheme No if we have say twenty
majority of the eleotoral votes, I think there
will be no such danger as yon suggest."
"But suppose the result should depend upon
one smill State like Colorado or Oregon, and
the Democrats should set up a claim of irregu
larity and throw out that State."
"Then there might be trouble but I think,"
continued the President, falling back into his
easy-going optimism, "that public sentiment
would find a remedy and settle the difficulty in
the right way.
Here we find a man who set pnblio senti
ment at defiance less than three years ago,
that he might seize upon the h'ghest office
in the land, pratinjpabout the power of pnb
lio sentiment to prevent any suoh outrage in
the future, and assuming an exalted virtue
when speaking of the possibility of suoh a
thing. Has there ever been a more conspio
uous example of monumental cheek?
The assumption that the Democrats have
any desire or intention to count'out anybody
properly elected as President or Vice Presi
dent is a gratuitous piece of impudence, not
sustained by even the suggestion of facts.
On the contrary a bill is now pending in
Congress to prevent the possibility of such
a thing being doneto guarantee to every
State the right to representation in the elec
toral college by the persons having the larg
est number of votes. This bill was drawn
to prevent a recurrence of the shameful
bribery, perjury and intimidation through
which Hayes managed to secure the votes of
two States that had chosen Tilden electors.
It is the probability of the passage and en
forcement of this law that alarms the Re
publicans at this time. They see that the
people are in no mood to submit a second
time to such a gigantio conspiracy against
their right to self-government as thatof 1876
But the consummation of suoh a scheme
the disfranchisement of one or more of the
Democratic Statesis the only hope the Re
publicans have of retaining power for
another four years. It was with this idea in
view that they fought so persistently the
repeal of the laws authorizing tbe use of the
military and supervisors and marshals at
elections. All this enginery will be employ
ed on behalf of the Republican party. If
the voters cannot be intimidated they are to
be charged with committing frauds, and the
returns from cities, connties and States
thrown out to an extent sufficient to change
the result. This is the programme of the
future, and it is a fear lest the pending law
shall interfere with it that is responsible for
the implication that Congress contemplates
the counting out of the legally elected Presi
The complacency with whioh Mr. Hayes
refers to publio sentiment would lead one
not conversant with the facts to suppose that
he had the highest regard for the expressed
will of the peoplewas a very paragon in
his obedience to its slightest expression. In
stead of this he is the one above all others
in the country who has shown the most utter
contempt for it. Defeated by a large ma
jority of tbe popular vote, and defeated also by
the electoral vote, he consented that his sup
porters should bribe returning boards, sub
orn the perjury of witnesses, intimidate
those who had knowledge of the falseness of
their pretenses to a majority, and finally ac
cepted an office which has enabled him to
reward every one of his rascally partners in
orime. More than two hundred and fifty-six
thousand dollars are taken from the publio
treasury annually to pay these perjurers for
Ipgejpwj^M'ftr' iiiiijiiiijaii r' 'iMwii
their testimony, and as rewards for doing the'
dirty work required of them.
Mr. Hayes is right in saying that pnblio
opinion will prevent another rape of the
Presidency. The remembrance of how he
attained office is too fresh in the minds of
the public, and the remedy is too near at
hand to permit it. It would be better for
the man who attempts it that a milPstone
Were tied to his neok and he drowned in the
depths of the sea. The people have been
shamefally misgoverned for the past fifteen
years. They have enjoyed liberty only by the
sufferance of the authorities, and have been
defrauded of it whenever it suited the con
venience or was necessary for the interests
of the Republican party. They are becom
ing impatient under suoh a yoke and propose
to free themselves, no matter what the cost.
The Republican [party must abdicate in
favor of an organization more in harmony
withthe spirit of ourinstituti3ns. This must
be a government of the people, for the peo
ple and by the people in fact as well as in
name. We have seen the last man in the
executive chair who was not fairly elected to
it, and the sooner the Republican party
makes up its mind to abide by the popular
choice, the better it will be for it.
STATE SUPREME BIGHTS IIT THE
The supreme court of the United States
is now engaged in hearing a number of cases
of national interest. Nearly all of them in
volve, in one phase or another, the doctrine
of State rights, whioh is admitted to be at
present the leading issue in our politics.
With the present composition of that tribu
nal we can hardly expect an entirely non
partisan deoision, although some of the
judges may sink their partisanship beneath
their judicial positions. At any rate, tbe
decisions, whatever they may be, will be
final and of binding force until reversed.
One of the questions already argued was
taken from Virginia, and involves the right
of colored men to claim seats in the jury
box. It will be remembered that the su
preme court of Virginia deoided that jury
service is not a right, but a duty which
should be required of only suoh
citizens as the court in whioh the cases were
set for trial should regard as fully qualified,
and that the court had the right to exclude
from the panel any citizen or class of citi
zens at its discretion. The cases at issue in
the appealed case were two negroes indicted
for murder. The counsel for the defense
demanded that the panel be made up of an
equal number cf colored and white citizens.
The court, perceiving that such a course
would defeat the ends of justice, denied the
request. The question is not whether col
ored men shall be excluded from jury duty
in all cases, but whether they have a right
to demand a seat in the' jury box when the
interests of justioe will be endangered by
There are several cases that involve ques
tions of jurisdiction between State and fed
eral courts. Some cases have been trans
ferred from Stats to federal courts that, in
the opinion of many good lawyers and ju
rists, were not subject to federal jurisdic
tion. Two of these have already been ar
gued, and several more are yet to be heard.
But the most important case of all to the
general publio is one involving the consti
tutionality of the supervisors and deputy
marshals election law. This case was certi
fied from the district court of Cincinnati
and will probably be argued before the close
of the present week. The question involved
is of the utmost importancewhether the
State or the federal government shall assume
control of elections for President and mem
bers of Congress. It. has been the custom
for more than a century for the States to
regulate all elections of whatever nature, and
as this is not one of the powers delegated by
the States to the general government in the
organic law of the land, and has never since
been surrendered, it must of neccessity still
reside in the States. The arguments pro
and oon will be read with general
interest, and the decision looked for with
anxiety, for men of all parties regard the
law as it stands a dangerous encroachment
in the direction of monarchism. It has been
defended by the representatives of the Re
publican party beoause of the tremendous
power it gives to that party in the control
of electionsa power that has in the past
proved efficacious in defeating members of
Congress run by the Democracy. If the de
cision is reached by judicial process we have
no doubt of the result.
Ramsey County District Court.
[Before Judge Wilkin.]
R. Von Minden vs. John A. Weide.
missed without prejudice to plaintiff.
B. Von Minden vs. John Weide and L.
Phillips. Same action as in preceding case.
Charles Zorbiesh vs. John A. Weide. Same
action as in precodmg case. Stay of proceed
ings until next Saturday granted.
John A. Bazille vs. Charles Caldwell. On
motion of counsel for defendant, judgment or
dered for plaintiff in amount claimed ia com
John Mahoney vs. Donald Stevenson.
John Pittorf, appellant, vs The St. Paul 4
Sioux City Railroad company. On trial.
Before Judge Brill.1
E. S. Chittenden, receiver of Munch & Bur
rows, vs. the German American bank. Tried
A. O. Angell vs. E. L. Rose et al. Dismissed
on motion of plaintiff.
[Before Judge 0'Gorman,
In the matter of the estate of James Mc
Queeney, deceased. Order made for hearing
claims on the first Monday of January 18S0.
[Before Judge O'Brien.]
The Oity vs. Henry Hoffman disorderly con
duct. Fine of J2.70 paid and defendant dis
The City vs. Levi Tate threatening to kill
and disorderly conduct. Fine of $5 paid and
bonds of $200 given to keep the peace.
Tbe City vs. I. P. Cask disorderly conduot.
Committed for eight days.
The City vs. Charles Blaekwell disorderly
conduct. Fine of $3.80 paid and defendant
The City vs. Theodore Golden nuisance.
Continued for abatement of nuisance.
The City vB. John Cronstedt violating the
fire ordinance. Continued until the 29th inst..
at 2 p. M.
The City vs. John McGrath drunkenness.
Committed for four days,
C. H. Lavell vs. Patrick Kelly action for
medical services. Judgment for plaintiff for
fh-ZSTiT ^j^y company garnishee of
three different defendant*. Oasea continued to
October 25, at r. tu
THE ST. fAPL DAILY GLOBE. THURSDAY MUKA1NG, OCT. 23, 1879.
THE PUBLIC SCHOOLS.
An Inspection of the Adams SchoolRe.
pairs Suggested-The Fight Between
Cold and HeatDisease ImminentIn
teresting Exercises Recommendations.
Continuing in publio service the GLOBE
visited the Adams school yesterday. Just
here, before entering into the details of the
observations had upon the Adams school, it
is not amiss to declare that the GLOBE has a
good purpose in these visits, and the inspec
tions are already serving to attract attention
to the publio schools. Suoh attention as,
may it be hoped, will awaken the demand
from indignant parents that their ohildren
be no longer exposed to certain sickness
from the ill ventilated buildings, in whioh
the ohildren are confined for hours, without
a fresh breath of air, unless it brings sick
ness with its gusts of oold. It isn't a ques
tion of taxes, but of life and death. Life
if the authorities will remodel or devise
means to furnish air death, if the ohildren
are to be kept housed in rooms where it is a
fight between extreme heat and extreme
cold, either giving, as the buildings are now
arranged, an opportunity for disease to fast
en upon pupil and* teacher alike.
In respect to tbe complaints already ut
tered by the GLOBE, the Adams school is lit
tle or no better than the others named.
A OHEEBLESS SCHOOL HOUSB.
The building is well enough on the outside,
but the interior is cheerless enough to give
anyone a lasting attack of the horrors. The
walls are smoke begrimed, the
wood work would swell with vanity
over even a touch of paint. So
far as cleanliness is concerned, the building
is well enough, but being barren of suoh re
pairs as are mentioned, soap and water,
scrubbing and the muscular use of broom or
duster can't give the shine of cheerfulness.
The class rooms are large, have high ceil
ings, and in this respect are somewhat bet
ter arranged for ventilation. But the very
height of the ceilings, the walls pierced by
four windows, give the roomstbe appearance
of barns. Here, as in the other schools, the
only means of ventilation is by the windows,
and in consequence there's the usual fight
between currents of cold air and a breath
laden atmosphere superheated by an im
mense oast iron stove. The temperature
cannot be regulated. The ohildren next to
the stove are roasted, while the ohildren un
der the windows shiver.
The exception likely to this condition is
found in Miss Hand's, the principal, room,
for the better, and in Miss Gunnip's room
for the worse, if it be possible. The first
named room, while heated with a wood de
vouring stove, has had a partial attempt
made at ventilation by sticking in two or
three small ventilators or gratings. This
room, too, is somewhat more cheerful than
any other, due, evidently, to Miss Hand's
desire to make tbe best out of a bad bargain,
by a slight ornamentation of the walls with
pictures or some suoh taking object.
Miss Gunnip's room is [simply abomina
ble. It is situated on the first floor to the
rear. It is something on the 6 by 9 order,
its dimensions being wholly inadequate to
the accommodation and comfort of the ohil
dren attendance. They are simply hud
dled together between two windows and
against a huge stove. Cold and heat with a
IN OASE OF FIBB
The doors\of all the claw rooms swung
on the hinges inwardly, or into the rooms.
Bad in case of fire, when a score or more of
obildren, frenzied with fright, would huddle
up against the only means of egress and
prevent escape. In other respects, the
avenues of escape are fair. A broad stair
way at the front and a narrow one at the
side give a way out doors.
The windows stretoh up to the ceiling,
making long, narrow slits in the walls,
through whioh the light pours and is reflect
ed from the varnished desks with injurious
effect upon the eyes. There are no shutters
or blinds, except some half-riven curtains, to
exclude or by which to regulate and modu
late the light. For the matter of that, all
the schools examined are shutterless and
Daily, 233 children gasp for breath in this
school. They are generally under 12 years
of age, the olasses enrolled comprising the
1st, 2d, 3d, 4th and 5th grades with a pri
Miss Hand is in charge of the 5th grade,
Miss Patten has charge of 35 ohil
dren of the 4th grade.
Miss Davidson, in charge of the 3d grade
instructs 28 ohildren.
Miss Manning has the 3d and 2d grades,
numbering 36 scholars.
Miss Dorsey's olass, 2d grade, numbers
Miss Gunnip has charge of 34 of the 1st
grade, and Miss Cummius has a crowd |of
34 little ones of the 1st grade or primary
department under her charge
THE DISCrPLTNB AND INSTBUOTION.
While the conduct of the ohildren is
generally good, a fault In the assignment of
too much work to the teachers was detected,
and which could and ought to be remedied
by relieving the principal from having any
class in charge. Thus she would be free
to give her undivided attention to
the discipline of the whole school
and exercise a constant supervision
over the intellectual training of her pupils,
for after all everyone of the ohildren are com
mitted to her charge, and she's directly re
sponsible to parents and the board of edu
The publio are invited and nrged by the
superintendent and the board to visit the
schools. When the public does come, as in
fact they did, yesterday, to the number of
three or four, Miss Hand is called upon to
escort the visitors through the building and
make explanations to suoh inquiries as may
be made. Meanwhile her olass is without a
Several of the classes were at recitation,
exercises being given in spelling by the sec
ond grade, Miss Dorsey. The youngsters
managed to miss oftener than
once or twice, but for such little
ones did very well. Miss Patten's olass,
fourth grade, did admirable in mental and
written arithmetic In fact this study is
taught practically and with conscientious
oare in the schools, so far as visited. Per
haps nothing in the publio sohool system of
tuition is so worthy of commendation as the
attention paid to arithmetic, and the pro
ficiency shown by the children, even to the
youngest, who talk figures understanding^.
Miss Manning's class, third grade "A," was
exercised in reading. Here tbe fault so com
mon to ohildren in reading was observed:
they hurried along in a sing-song voice,
tripped over words, caught 'em up and
tumbled along to the end of the verse. The
teacher interrupted frequently, and is untir
ing in her efforts to correot this habit of fast
Miss Gunnip's class, first and second
grades, were*engaged in drawing under Prof.
Bond's supervision. The little ones are in
tensely interested in this study, introduced
this term, and already show a marked degree
of proficiency, many of the simple figures
being drawn with great aocuracy.
The visit closed with a return to Miss
Hand's room, where her class, fifth grade,
were called to recitation in geography. South
America was tbe theme, and the children
evinced a better acquaintance with that far
off region than some old settlers, even, have
of Ramsey oounty, though they came here
along with Father Hennepin.
Oa the whole the visit WM an interest*
ing one. Miss Hand, the principal,
is familiar with her duties, and her children,
in behavior, show that she does not neglect
it, but exeroisea control in a kindly way that
makes them eager to obey, not to displease.
Tho remedies needed are suggested above,
and need no repetition. Visit the school
and they forcibly address themselves, even
to the most unobserving. In con
clusion, this recommendation should
not be omitted: Miss Gunnip's
room should be oloaed it is unfit for use as a
sohool room, It might be made the princi
pal's office, and a recitation room adjoining
Miss Hand's room,with the unoocupied seats
in her room, would furnish sufficient accom
modation for the pupils expelled from the
closet now occupied by Miss Gunnip and her
children. Another teacher should be em
ployed, to allow the prinoipal more time to
exeroise a constant supervision over her
This court met at 9:30 yesterday morning
and heard the following causes:
No. 51Alexander Wilson, respondent, vs.
The Northern Paoifio Railroad Company, ap
pellants. Argued and submitted.
No. 90James W. Lough, administrator,
etc, appellant, vs. Thomas M. Pitman, re
spondent. Argued and submitted.
No. 6The State of Minnesota, respond
ent, vs. Ludwig Bnnckhauser and Lizzie
Brinckhauser, relator. Reset for Nov. 11.
Adjourned to 9:30 this morning.
Opinions have been filed in the following
causes: Dorillns Morrison, respondent, vs. Joel B.
Baasett, appellant. a
SyllabusA defendant who had entered
into the use and ocoupanoy of
premises under a demise or written lease from
plaintiff, not under seal, by the terms qf which
he agrees to pay an amonnt of rent quarterly
for a definite time, cannot, after having paid
the quarterly rent for a portion of the time,
and while remaining in possession, lawfully re
fuse to make farther payments as they fall
due on the sole ground that he was the owner
in lee of said premises when the lease was
made, and that plaintiff had no title thereto.
Order denying anew trial affirmed.
The St. Paul Sioux City railroad company,
appellant, vs. the Minneapolis & St. Louis
railway company, respondent.
SyllabusUnder an agreement between plain
tiff and defendant companies between whose
lines of road there was a rail connection at Mer
riam Junction, the defendant received from
plaintiff for said junction eight of its cars
loaded with wheat, for transportation and de
livery to oonsignee at Minneapolis, a point on
defendant's road. By the terms of ssid agree
ment defendant was required to haal the cars
over its road, having exclusive charge and con
trol thereof, make delivery of the wheat, and
than return the same, either loaded or empty,
to the plaintiff at said junction, in as good con
dition as when received, ordinary wear and
tear excepted. Both parties were to share in
the profits of the transportation of tbe wheat
and other freight so carried, and plaintiff was
to receive from defendant, in addition to its
share of such profits, a stipulated compensa
tion for such use of its said cars. While being
so used by the defendant the cars were wholly
destroyed by fire at Minneapolis, without any
fault or negligence on its part, amounting to
want of ordinary care. Held: That defendant
was not liable to plaintiff for such loss, either
as a common carritr, toiler for hire, or other
wise. CORNELL, J.
State of Minnesota vs. B. B. Galusha, respond
ent. SyllabusHe wrongfully, and without au
thority of law, cut and carried away timber
standing on lands belonging to the State. In
February, 1876, and the state auditor start
ed an account for the stumpage of the timber,
for the scaling of it, and for interest upon the
amonnt of such stumpage and scalingin
which account acknowledged he owed the
State for such stumpage, scaling and interest,
92,204.10, and agreed to pay the sum on Nov.
1, 1876 and the auditor, in consideration of
the defendant's guaranty of payment of the
name, extended the time for payment to that
date. In consideration of this extension, de
fendant guaranteed the payment of the ac
count on the said Nov. 1st. with 10 per cent,
interest. Held that, under chapter 35 of the
laws of 1874, the auditor had authority to Bet
tie with for the stumpage and to state an
account therefor, as also to defer or extend the
time of payment of the amount of such ac
count, and that, therefore, his promise to pay
and the defendaut's guaranty were each
grounded upon a legal consideration. The
judgment is reversed and judgment directed
to be entered for the plaintiff. BEBBX, J.
Articles of incorporation of the Norwegian
Evangelical Lutheran Dale congregation of
the oounty of Goodhue were filed in the of
fice of the secretary of state yesterday, the
object of whioh is the construction of ohuroh
and school buildings at Cherry Grove, in
said county. The incorporators are Hunt J.
Bergum, Hunt Peterson Krogan and Henry
Nelson Talla, but additions may be made to
the membership by compliance with the an
nexed regulations contained in the articles of
FirstThe applicant mast be a male per
son of the age, of 21 years or upwards.
SecondHe must have been confirmed ac
cording to the rites and usages of the Nor
wegian Evangelical Lutheran ohuroh in the
State of Minnesota.
ThirdHe must make yearly contribu
tions to said congregation, unless exempted
therefrom by the congregation.
FourthHe must not be a member of any
secret society, nor under the discipline of
the congregation, nor for any other reason
denied the right of suoh admission ,to thiB
U. S. SUPREME COURT.
The Question of State and Federal Juris-
dictionThe Maryland Election Cases to
be Taken np To-Day.
WASHINGTON, Oct. 22.No. 720State of Ten
nessee, plaintiff, vs. Jas. M. Davis upon divis
ion of opinion in the circuit court of the
United States for the middle district of Ten
nessee. Argument continued by Attorney
Gen. Devens for defendant, and concluded by
James G. Field for plaintiff. In continuing
the argument on behalf of the defendant the
attorney general maintained that both the
judiciary act of 1879 and subsequent legisla
tion now under consideration, providing for
tbe removal of certain cases from State to
federal courts, are valid and constitutional*
that the right of a State to vindi
cate and preserve its peace is
subject to the graver rights of tbe United
States to preserve and vindicate their powers*
that the aci complained of was done by de
fendant in the performance of his official duty
to the United States, and that this fact consti
tutes the federal ingredient which gives juris
diction to the federal courts. The right of the
United States to thus protectits officers and to
hear accusations against him, is indispensable
to the enforcement of laws. The gravity of
tbe charge can make no difference to the right.
No statutory process will authorize the removal
of an indictment for assault
as in the case of Jenkins,
2 Wallace, Jr. C. C. reports "It will be one
for murder." The existence of official returns
and the cl iim that the alleged crime was com
mitted in the performance of that duty afford
the requisite ground for removal of the cause.
The attorney general farther maintained that
evm if under existing laws there could be no
regular jury tnal in the federal court, it
would by no means follow that the cause
couldn't be removed. It would still be remov
able and it would be for Congress to remedy
the defect, Finally propriety and necessity of
appeal to federal courts by federal officers,
imprisoned for acts done by them under color
of office is everywhere recognized, and if the
defendant cannot be tried in the United States
circuit, the truth or falsity of facts alleged in
his petition should be ascertained by examina
tion upon habeas corpus, and he be either dis
charged or remanded, as the result may require.
To morrow the court will take np the cases
of the Maryland election judges, which involve
the constitutionality of the federal election
Tha marquis of Lome will visit England
about Christmas, and will return with tbe
MUSIC AT HANDAM,
Tho Work of Dispossessing Squatters from
Northern Pacific LandsCremation
Threatened By the Enraged OutsPro
press of Work Uvon the ExtensionMis
I Correspondence of the Globe.]
KANDAN TOWNSITE TBOUBLCS.
BISMABOK, D. T., Oct. 19.Yesterday was
a lively day in Mandan, the new town across
the river. It will be remembered that at the
last term of the district oourt in this oity
Judge Barns deoided the Mandan land cases
in favor of the Northern Paoifio railroad.
Mandan, not unlike every new railroad
town, had a large number of lot
jumpers. These men, as a rule, know that
they have no right to the land whatever, but
jump the lot, put up a building and Btart in
business expecting that they will effect a
compromise with the parties who obtain
rightful titles from the railroad company.
This did not work in Mandan. The law al
so gives the true purchaser all improve
ments that may have been made by the
jumper upon his lot. This was quite an item
in Mandan, as there were several quite ex
pensive buildings on jumped lots. Yesterday,
under instruction of the railroad company
andin company with the owners of the lots,
sheriff MoKenzie went over to
OUST THE JUMPEBS,
whioh made considerable consternation. He
commenced at one end of the town and took
everything clear. If a man couldn't show
true title to the property upon whioh he was
located be was told to skip. This did not
meet with the general approbation of the
'lumpers." Some of them intimated a com
promise, but the officer would not hear to it.
He held a high hand and was bound to play
it out. One man was told by the rightful
owner that he oould stay on the property if
he wanted to, providing he would pay $3
per month rent including back dues. The
"jumper" was about to do this and went in
to consult his wife. She objected and locked
the door in the officer's face. McKenzie only
weighs a little over 200 pounds, but when he
hit that door it fell to pieces like a pane of
glass. The woman was pale with rage when
she saw her household furniture being
moved out upon the street and ejaculated
that if she was a man she would ''pound the
stuffins out of him." Many objected to giv
ing np the improvements they had made,
and in some instances they were
allowed to remove the buildings. As
sistant Engineer Lee, of the Northern
Paoifio, owned the lot upon whioh
Mat. Edgerly, justioe of the peace, has erect
ed a $300 house. Mat. didn't object to get
ting off the lot, but he did not want to give
np the building. He had to go, however,
and Lee now has the key. Edgerly was
using the building for saloon purposes, and
can stay there if he likes, by paying rent to
Lee. The "jumpers" are quite hostile, but
they have no one to blame but themselves,.
They have had abundant opportunity to buy
the land at a low figure and upon easy terms.
BUBNING THE TOWN
have been made, but it is not likely that any
further demonstration will be made, as most
of them consider the case as did the gam
bler who sat down to play with a supposed
"tender foot." A large roll was up, and the
gambler threw down fonr aces. His oppo
nent had only one ace, but he had four kings*
and a cocked six-shooter, which won the
is progressing rapidly^good weather being
in its favor. The track is out over sixty
miles, and will soon be in sight of the Little
Missouri, at whioh point quite a town is be
ing started. Keith's locating party will be
stationed there this winter. Preparations
are being made to work the Bad Lands this
winter. The bridge over the Little Muddy
will be six hundred feet long. Its loca
tion has already been determined by Con
trolling Engineer Doane and Chief Engineer
Rosser. The line of the N. P. is now sur
veyed to the Yellowstone, whioh river it
strikes near Glendive. It is reported that
a town is already being started there
another chance for lot jumping. Two daily
trains now run between this city and Man
is very low, but steamboats manage
to navigate with small loads.
Steamboating at this season of the year is a
losing investment, but the year's contracts
for delivering freight have not yet been
completed. The Eclipse, owned by Pitts
burgh parties, belongs to no line, therefore
has had no paying boats below to offset her
losses. She was out sixty-three days from
Bismarck and then was obliged to leave her
freight at Cow Island. She loses about
$8,000 by the trip and will probably have to
be sold to pay the orew.
The N. W. E. S. T. Cp. have been kept
yexy busy since the Deadwood fire. Tfce
warehouses in this city are filled with freight
for the Hills and the company are rushing it
through as fast as possible. Nearly 300,000
pounds have been shipped in the past ten
days. The passenger business is simply im
mense. Sixty went through last
week. Extra ooaohes are run every
day. It is the shortest route to the Hills,
and consequently the best at this season of
the year. The Pierre route is uncertain
owing to the low stage of the water in the
Missouri. Only forty-eight hours is re
quired to run from Bismarok to Deadwood.
The Bismarok Flouring millsix runs of
stonewill be in operation in about three
weeks. These are the finest in the territory.
The main building is five stories high, and
is a very imposing-looking structure. Ten
oar-loads of lumber were required in its con
struction, and it contains seven car-loads of
machinery. Over two tons of nails, spikes,
bolts, etc, were used in the building. There
being but little wheat raised in this vicinity
this year, most of the cereal will have to be
shipped from Fargo to supply the mill this
season. Next year enough will be raised at
Business men are enjoying a surprising
good trade and the hotels are all full of
guests. Seme days a blanket and a mattress
on the floor is as good as can be obtained.
About twenty new buildings are now
in course of construction. The new
Episcopal ohuroh, a beautiful piece of archi
tecture, is nearly oompleted. Next season
the building will be mostly of brick.
To show how thoroughly Democratic Bis
marok is, the Tribune, a Republican organ,
issued an extra Wednesday giving the result
of the Ohio and Iowa elections. But twenty
one of them were sold. The rooster at the
head was enough, and tbe news boys were
told to pass on. The GLOBE is sold on the
streets every day. BISMABGK.
THE FEDERAL COLLAR.
Independence of Thought Exercised Upon
Pain of Dismissal.
NOBWAUC Oct. 22.Internal Revenue Com
missioner Baum wrote-J. H. Van Auken, tobac
co inspection at Petersburg, as follows: "This
office is informed you are exerting your influ
ence for readjustment, and thereby repudiation
of the State debt of Virginia. This is looked
upon by thinking men as immoral, and there
fore inconsistent with the dignity of an officer.
Please inform this office upon receipt of this
letter whether this be true or not, and if true
accompany your statement with your resigna-
tion." The reply of Van Auken says he is the
only Republican officer in Petersburg whose po
sition on the debt question is well defined, fie
says he has been active combatting tbe repu
diation movement, and asks for the name of
the authorof the charge. Commissioner Baum
in reply said the information had come to him
through a letter written by the postmaster gen
eral to the secretary of the interior. The
aama]of his iafonnoat hadnot been.given.
Mark Twain is to bo the leading spirit of a
new paper to be published in Hartford.
Wendell Phillips is now in his 68th yerr, ant
the Bostonians call him "Uncle Wendell."
GeorgeAlfred Townsend is the regular week
ly correspondent of eight different papers.
The Oswego Recorder says ''that the only
original feature in Sitting Bull is the aborig
Senator Blaine arid General Beanregard sat
for portraits at the Lydian art studies, in
Mr. BretHarte is said to have suffered muoh
in health from the climate of his consular
post, Crefeld, in Rhenish Prussia he is, how
ever, able to write.
Bodenstedt, the German translator of
Shakespeare, has sailed for New York from
Hamburg. He is accompanied by Neville
Moritz, the tragedian.
Canon Sandford, of Edinbnrg cathedral, who
has been on a pleasure trip to this country,
sailed for Europe on the American line steam
ship British Empire Saturday.
Mr. Walt Whitman has been ill in St. Louis
for two weeks, but is recovering. He still in
tends to lecture the coming winter, and give
publio readings of his own poems.
Russia has more sheep than any other coun
try in Europe, but of late the number has de
clined, as more land is beicg put under grain
crops, and hence a decline in wool export.
The company being made up at Waco, Tex.,
for the Sierra Moiada silver mines, ia to consist
of one hundred men, each to contribute $100
to a common fund, to be deposited at Mata-
Mr_ Fairman Rogera, of Philadelphia, has
purchased through M. Gaston Fenardent, four
Tanagra figurines of great beauty, which he
has presented the Pennsylvania Academy of
Here is the superscription of a letter from
France, which found its way to Gov. Jarvis, of
North Carolina. "His Excellency, Monsieur,
the President of North Carolina, Raleigh,
It is a rare thing to be sunstruck in October,
yet that is what happened to Fred. Hamilton,
a tank builder, at Tarport. McKean county.Pa.,
last week. His condition was alarming, but he
It is becoming the fashion for prime donne
to marry their directors. Thus Mile. Gerster
took for her husband the impresario Gardini,
Mile. Albini became Mrs. Gye, and Mme.
Marie Boze Mrs. Mapleson.
The Sandemanians area peculiar religious
people of Danbury, Connecticut. They have no
pastor or sermons but in their church is a
circular table around which they sit on Son
days and discuss Scriptural texts.
A Miss Whitten, now at Damariscetta, Me.,
has probably the longest hair of any woman in
the world. It is eight feet long, and when
dressed in a French twist it passes six times
around her head. The growth is perfectly nat
A man in Baltimore is holding a baby as
security for a debt of 15, and as the child's
mother is dead, the prospects are that he will
continue to hold it until he is ready to give
$15 to have it taken off his hands.Buffalo J2x~
Mr. Whittier wrote in response to an invita
tion to attend a recent meeting of sympathy
with teaant farmers in Ireland: "I do not
understand fully the condition of the Irish
tenant farmers at the present time, but my
sympathies are with the laboring poor."
The Poushkeepsie Eagle laments that if a
stndent at Vassar has a friend call upon her
and she invites her to lunch, she has to pay
seventy-five cents for the same but on the con
trary, if a student is away from the college
three or four days, they allow nothing for the
Lady Hardy and her daughter, the former
well known in literary circles in England, vis
ited tho publio schools in New York Wednes
day, and, in a little address to the pupils, said:
"Briton as I am, I have no hesitation in saying
th.it your sohools far surpass those of the old
Mrs. Lome is expected to return from Eng
land in time for the opening of the dominion
parliament. It will be a busy season around
the house then, and what with wash days, and
Mr. Lome being obliged to ha% a boiled shirt
every day, etc it would hardly do for Louise
to be away.
Prof. Mivart says: "All living creatures be
gin life in the small, rounded mass of proto
plasm." Mr. Jules Ferry SSJB: "Universal
suffrage has become the law of the world, and
the mjst solid foundation of social order."
Carter H. Harrison saysbnt never mind
about Carter he's always saying something.
A lawyer's clerk named George Steed, a na
tive of Sonthampton, entered the cathedral and
other churches in Hereford recently, and, going
up to the altar with a rM cap on, said he was
John the Baptist, that he had been to the
North Pole, and haviDg smoked his pipe there
had come back to tell Hereford people what he
had seen in heaven.
Mr. Worth, the man milliner, is described by
Miss Brewster in the Telegraph, of Philadel
phia, as a stooping, simply dressed man of
middle height, with round, good natured face,
with homely, Bimple, straightforward manners.
His son, 20 years old, is employed with his
father, and is said to be even cleverer than
Worth in designing gowns.
A recent report to the British board of trade
goes to show that between July 18, 1876, and
Aug. 14, 1878, no fewer than fifty-two ships
laden with coal disappeared, forty-one suffered
more or less by reason of spontaneous combus
tion, and twenty-four from explosion. The
fifty-two ships which disappeared represented
a value of about $1,500,00), and were manned
by 483 men. who went down with them.
One of the retired warriors from Zulnland
tells a good story. He was at Borke's Drift,
and was witness to one of the following inci
dents. A clergyman clerical attire was bard
at work handing out partridges to the men,
and he did it with a will. A private near was
taking shots at the Zulus and cursing the while
in the most ingenious manner. "Don't swear,
man!" shouted the clergyman "Don't iwear
at them shoot them!"
Like the surface gold diggings of California,
the island guano deposits of the Pacifio are
giving out: The "American Guano company,"
which for tbe last twenty and more years have
been exporting guano Irom the island of Phoj.
nix, Baker's and Jarvis, with an undoubtedly
immense profit to the ttockholders and agents,
has now gone out of the business, the infer
ence being that the deposit of "decayed coral"
is no longer worth the taking away.
William Wirt Decherfc, of New York, a civil
engineer, well known in railroad circles, waa
lately drowned while attempting to cross a
stream on horseback in the island of Porto
Rico. Mr. Dechert has labored on the con
struction of railway lines in Mexico, Cuba and
Honduras, as well as in the United States, and
most of the beautiful bridges that adorn Cen
tral park, New York, were completed under his
There lives in St. Louis an aged couple who
have not spoken to each other sixteen years
though living together and sharing the same
table. Her refusal to sign a deed was the cause
the husband's anger. Their only means of
communication has been a daughter, who mar
ried a few weeks ago, and has since died of a
congestive chill. Even this catastrophe has not
unsealed the lips of the obdurate couple, and
they continue their lives of solitude.