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3DaBp © SSUsbK JMUttiFaiiii of tkoOtty M Ootmty frtaUA tad rtbUibrt Bray ©*y t> tk» Tew BY IX. Pv HALL. ■ft P WAJAHHAW mm FACT*. Verms of Subscriptlou for the D&lly Glob* By aaxrlar (T papers per week), TO oents per month. By mall (without Sunday edition) 6 papers par feck, 10 o«nts per month . By mall (with Sunday edition) 7 papers per week, It eenti per month. TELE SUNDAY GLOBE. By mall the ■trniu* Qlomm wul be $140 per yean By earrler, $340. THI WEEKLY GLOBS. Tbe Wnsxx Sion is a mammoth sheet, exactly 3enMe tbe else of the Daily. It is just the paper for fee Inside, eentainlng in addition to all the evnat tews, ohotoa mlaoallany, agricultural matter, market ■ojtcrU, Am. It is furnished to single subscribers at A with If cents added for pro-payment of postage. Überetben should remit $1.16. WOw Slab* A*vertlsl*s; Bate* fftosrtfc Face, a teats per Him every insertion. tfcM Page,! cents per Una for the test week. MM sitostasni I—aittOM I oaata per Una. nsplay edrerU«m* (on earth page ooly)doeble ftfeomntes* AB •drerUsfßg is computed as asa ■OTaV M Ibm •• hMh. THH GLOBE IN CHICAGO. The Own ess be found for sale at the Gran* fidfle, F-bner and Sherman Haas* new* stands. The amiaaaa ofiloe of the Qlom is In room 83, Mo- Oemkk bleak, eerner of Randolph and Dearborn streets. BT. PAUL. THURSDAY, JUNE 10, 1880. Gen. Gbant's congratulations to Garfield on bis nomination have not yet come to hand. Is he waiting for the convention to reassemble and reconsider its action, or is he still fighting it out? Eqxtines of a sombre hue are at a pre mium just now. Which of those animals of the Democratic persuasion will be the lucky one? is the question now uppermost in the publio mind. The Republican literary bureaus had bet ter disband. They have spent a great deal of money and wasted a good deal of white paper that might have been better used, and have accomplished nothing. The National Greenbaok convention as sembled at Chicago yesterday. The hall had been thoroughly cleaned and fumigated after the adjournment of the Republican conven tion, and no danger of infection is appre hended. ____________ Pbophets are without honor now-a-days. Those who predicted the success of this or that candidate for the past three months are now ready to crawl through any convenient knot-hole. It is always safer to predict re sults after than before a convention is held. The St. Louis Globe-Democrat, the origi nal Grant boomer, sententiously sums up the result of the iLst day's balloting at the Chi cago convention thus: Grant and Sherman: 307 and 92; total, 399. The total indicated was the vote received by Garfield. Did tbe 0.-D. intend to be prophetic? The Democratic primaries in Chicago re sulted in the election of a Seymour delega tion to the State convention for the selection of delegates to Cincinnati. He has a con siderable majority of the entire number chosen, and all the remainder are anti-Til den. It is evident that Tilden will have but small support at the West. Pbince Leopold left the Chicago conven tion with a very poor opinion of American politicians. It is not to be wondered at. If his escort had wished him to carry away a good opinion of our people, he should have waited till the 22d and conducted him to Cincinnati, where he would have seen a gathering of representative statesmen. Grant is now at liberty to accept the pres idency of the Interooeanio Canal company— if he oan get it. He may discover, however, that the name of a defeated candidate for the Presidency does not possess the talismanio power of the name of one who has twice been President and had received kingly honors in all the countries in the world. THE RING BREAKING. The defeat of the Grant, Blame, Sher man and Washburne rings at Chicago is a matter for congratulation not alone to the Republican party but to the country at large. These cliques have domineered over the country far too long for its good. They have been olose corporations governed only [by selfishness, swayed only by greed of gain and political preferment. There never was a time or a nation in whioh ring rule was so all-pervading as during the past twenty years in this country. If one or the other of these factions could not control a man's actions they endeavored to destroy him. It has been a part of their policy to rule in such a manner as to enable them to ruin when the opportune moment arrived. They generally worked in concert, and only antagonized each other in the conventions of the party. The defeat of Grantism is the defeat of the monarchical idea in American politics* Grant is a despot both by nature and educa tion. His supporters brought him forward because of this trait in his character. He was extolled by them as a strong man— the only man in the country who could hold the South in subjection. He represented the idea of foroe in government as distinguished from a government of the people by them selves. Besides, his friends sought to over throw the unwritten law of the land whioh has so repeatedly pronounced against a third term of the Presidency for any man. If this idea were abandoned there would be no hind erance to the continuance of any man in the office for the term of his natural life. Thus the theory of our government would be revolutionized, and the next step would be to create a hereditary Presidency that would soon degenerate into an absolute monarchy. While the Republican convention has undoubtedly scotched this ser pent, it has not killed it. It will, without doubt, make its appearanoe be fore long in another form. It may take the shape of an endeavor to make Grant cap tain-general of the army, with suoh powers as will practically plaoe him above and inde pendent of the President of the United States. In suoh a position, whioh he will crave, now that he has been denied the White House, he would be able to accomplish a great deal of mischief. It was while Na poleon occupied a similar position in the armies of Franoe that he was enabled to lay his plans for the erection of the empire. In suoh a position an unsorupnlous, ambitious man like Grant might pave the way for the overthrow of the American republic Yet the danger in this direction is not immi nent, for as long as the Democratic party re tains power in Congress care will be taken that no suoh powers will be conferred upon any man, no matter what his servioes in the past may have been. Blame, like Clay, Webster, and many other distinguished men who aspired to the Presidency, will die without realizing his ambition. He will continue to lead his party in the Senate till a man of greater ability or force of oharaoter usurps his place. Then he will pass from publio notice forever. Sher man will continue to be what he has been in the past— greedy of office, and willing to ac cept the lowest position if disappointed in obtaining the highest. He will never be President, however, even four years bonce. The defeat of the trio of Senators who sought to bully the convention into nomi nating Grant will be apt to greatly lessen their influence, not alone in the republio at large but in their own States. They have aroused animosities that will not be easily allayed, and will be confronted, hereafter, by determined opponents in their own party where, heretofore, all obeyed their slightest beck. The result will not be seriously mourned in any quarter. THE TWO TICKETS. The Globe is free to acknowledge that the Republican party made a judicious and strong nomination for the office of Presi dent. That nomination is handicapped, however, by the very bad nominee for vice President. Mr. Garfield might have hoped to draw largely from the conservative Demo cratic strength were it not for the fact that he has been loaded with a dead weight in the person of Mr. Arthur, a man utterly un fit to fill any position in the gift of the peo ple. Mr. Garfield is a man of good average parts, who has few enemies, except those he has made by his political course. Mr. Ar thur has few friends, and theso he has made from the ranks of those who are of the pur chasable sort, — easily won by some small favor rendered. He is the pliant tool of Conkling, and would do the bidding of his master without questioning whether it was right or wrong. Mr. Garfield, if elected to the Presidency (whioh he will not be) might make an able, honest and acceptable official. But he has no surety of life till the end of the term whioh commences on the 4th of March next. If he should die the office of Presi dent would revert to a man utterly unfit to discharge its duties, incapable of appreci ating its responsibilities, and too much of a slave to party and too much of a self-seeker to administer them honestly if he could com prehend them. The Democratic party oan beat the Chi cago tioket if it acts wisely. It cannot do so, however, if it plaoes in nomination men whese records are questionable either as to their political consistency or their personal integrity. They must be men of broad views and statesmanlike qualities, who are known for their ability and for their patriotism — men who combine the qualities most looked for in those who are called upon to administer the affairs of the nation. There are plenty of men in the party who enjoy the respect of the entire country, and whose Democracy is unquestioned, who could consolidate the entire party vote and draw largely from those Republicans who are disgusted with stalwart ism 1 and its fruits, with ring rule, with extravagance, and with corruption. There are men who oan carry the pivotal States of the North against Garfield or any other man in the Republican party. It re. mains to be seen whether the Cincinnati convention will be wise enough to nominate these men. A mistake on the 22d inst. will, in all probability prove fatal to the future of the Damooratie party. A Frigktfnl Accident . Mr. Thomas Whitney, superintendent of the famous Rock county farm, of Rook county, Minn., is at the Merchants hotel under surgical treatment, he having met with an accident, frightful to think of, but from whioh he escaped, fortunately, despite severe and dangerous injuries. Mr. Whitney was Monday riding on a load of lumber, at or near the farm, and driving down a hill, when part of the load slipped forward, push ing him off. He fell under the feet of the struggling horses and had his face badly out and bruised, his left cheek bone shat tered and his nose crushed. Apparently by one of the corks of the horses' shoes the flesh was out to the bone and the bone broken directly under his left eye, but tbe eye escaped injury. The surgeons in attendance upon him promise to have him able to at tend to out-door business in ten days, with his face restored to its natural shape and hope that his injuries willl be in no way permanent. But this escape from death or destruction of his eyes was a very narrow one. Superstition. Mr. George Palmes resides on Summit avenue near Chestnut street. His residence is surrounded by a fine landscape view and the lawn is bedecked with some of nature's choicest offerings. Among other objects of beauty, he boasts of a magnificent ash, the gracious umbrage of whioh scatters a re freshing shade over the dwelling.' About nightfall Tuesday, the occupants of the house were attracted by the strange spectacle of a man at work on the tree. Closer inspection revealed the fact that he was armed with an augur and was in the aot of boring a tremendous hole in the trunk of the tree. Mr. Palmers rushed out, natur ally enraged at the outrage. The beautiful tree had been tapped and it is feared ruined. A reason was asked for the strange con duct, when the man calmly replied that he suffered from rheumatism, and that he had a premonition that tapping the tree would effect a oure. The astonishment and indig nation of the owner may be imagined. What next? The River and Boats. At 7 a. m . yesterday the water mark here was 10 feet 10^ inches, to whioh the rise yesterday and last night has probably added a foot. The Red Wing was in and out yesterday with good passenger and freight lists both ways. The Tidal Wave will be in to-night to leave for St. Louis to-morrow. The Diamond Jo oame in last evening, unloaded and started during the night on her return trip. The Libbie Conger will be in to-morrow evening and will leave fer St. Louis at noon Saturday. The way freight and passenger business of the river boats is said to be much larger this season than in any previous year. Use Wm. Clarke & Son's Helix Needles Factory at Bedditcb, England. Office 157 La> salle street, Chicago. THE SAINT PAUL DAILY GLOBE, THUKSDAT MORNING, JUNE 10, HBO THE "OLD FIRST." Second and Closing Day's Proceedings— Keports of Committees, Election of Of ficers, Etc.. Etc. Yesterday morning broke rather gloomy, with promise of rain, seriously interfering with all anticipated pleasure from out door exercises. This dismal ontlook deterred many from visiting the oamp of the "Old First" at White Bear Lake. The heavy shower of Tuesday night marred the pleas ure of the dance whioh had been arranged to take plaoe in the pavillion. The Stiilwater cornet band was on hand and large acces sions had been made to the number present on Tuesday. The old veterans, however, gal lantly supported by a number of raw recruits, were not to be balked of their fun and "mine host" Greenman of the South Shore house threw open the doors of his popular hostelry and placed his dining room at the disposal of the merry throng, and while the elements were holding high revelry outside, within all was joy and pleasure, and old and young "chased the glowing hours with flying feet" until aurora,peering through the murky clouds, announced the fact that another day had dawned. But few hours were devoted to sleep, before the reveille sounded and breakfast was announoed. This disposed of all hands scattered in every direction, some for a sail, some for a row on the lake, and others for a stroll, along the shores. The business hour had been fixed at 10 a. m., but i the boys had oome out for a good time and they were bound to have it whether the sun shone or not. It was in vain that President Marty tried to get them together, &nd at last he gave it up with the philosophical remark: "Never mind, we'll capture them when dinner is ready."' The sequel showed that the President of the as* sooiation is a good judge of average human nature, and of the members of the "old first" especially. Not one was missing when the long roll was beat, but all fell in with a promptitude born of a sharpened appetite from the morning's exercises. Upon the roll being called the following members were found to be present, in addi tion to those reported yesterday, viz: Stephen Lyons, Company A., Wayzata; Ed. A. Stevens, Company 8., Minneapolis; J. B. Gilman, of Rosemonnt; C. B. Tirrell, of Company C; C. B. Heftelfir ger, H. A. McAllister and H. M. Martin, of Minneapolis, Company D; C. Leathers and S. B. Sutton and P. E. Ovitt, of Minnea polis, company E; H. E. Scott and James Imerson, of St. Paul, company F; E. L. F. Miller, of Winsted, MoLeod county, com pany I; P. Hoffman, of Sank Centre, drum mer, and J. B. Willey, of St. Paul, drum mer. It was nearly 2 o'olook before the meet ing was calied to order, with president Marty in the obair. Capt. R. L. Gorman, secretary of the assooiation, read the min utes of the last meeting, whioh were ap proved. Letters regretting their inability to be present, were read, from Hon. Alex. Ram sey, Hon. Wm. Windom, ex Governor Mil ler, Hon. I. Donnelly, Hon. M. S. Wilkinson, Dr. J. H. Stewart, H. O. Fifield, of Menomi nee, Michigan, and R. Smith Mowry, of Providence, Rhode Island. Myion Shepard, treasurer of the assooia tion, reported $32 in his hands, and $101.49 in the hands of his predecessor. The committee on obituaries made the following report: The surviving veterans of the First regi ment of Minnesota volunteers desiring that their records shall bear some slight memorial of their regard for their comrades recently deceased, direct their secretary to make the following entries upon their records: 1. That Gen. Alfred Sully, for a long time colonel of our regiment, realized our ideal of the highest type of a gallant officer. As a commander he was prompt and brave in action, and kind and considerate in oamp and on the march. No officer ever possessed more fully the esteem and confidence of his men. Our reverence and love for him was like that of children for a parent, and his memory and well earned fame will always remain among cur most oherished recollec tions connected with our military service. 2. That Captain John I'elier, so long the adjutant of our regiment, was a most worthy and gallant soldier, brave in the field and efficient in his official station, and deservedly enjoyed the regard of his comrades of every rank. 3. That our comrades Adam (iJStites, Co. E.; Wesley Bay ley, Co. A.; Henry Hubbard, Co. H.; Fred Bernds, Co. 8., were gallant and deserving soldiers, each in his station, always performing well his whole duty, and we their comrades will ever hold their mem ory in honor. The report was adopted, and a copy of so much as referred to Gen. Sully ordered sent to his widow. The deaths for the past year were reported as follows: Lieut. Geo. S. Boyd of Minneapolis, Co. E; Maj. Mark W. Downey, of Farma 1 ma, Florida; Andrew M. Causland, of Crystal Lake, Co. C; John G. Densmore, of Still water, Co. B; Peter Berg, of Chicago, Co. F; Henry W. Wilgus, of Minneopolis, Co. D. A petition was signed by all the members present, and ordered forwaded by the secre tary to the Senate and House of represen tatives, asking that the pension allowed to Maj. Downey be continued to his widow. On motion of Capt C. B. Tirrell the old officers of the association were re-elected for the ensuing year as follows: President — Adam Marty of Stiilwater. Vice Pres't — Wm. Lochren of Minneapolis. Secretary — R. L. Gorman of St. Paul. Treasurer — Myron Shepard of Stiilwater. President Marty returned his thanks for the honor, and promised to work for the in terest of the assooiation in the future as he had in the past. The old sainmittee on obituaries, Wm. Loohren chairman, was also continued. On motion it was decided to leave the time and place for the next annual re- union to the officers of the association. Capt. Gorman brought up the subject of aiding members to secure pensions, but without any action the meeting adjourned sine die, and Nick Mat hies shouldered the colors, and the thirteenth annual meeting of the "Old First" veterans became a thing of the past. _ THE COURTS. District Court. | Before Judge Wilkin.] JURY CASES. D. A. J. Baker vs. the board of county com missionera of Ramsey county; action for ro- ' tnrn of certain property. Vordict returned in favor of plaintiff. Probate Court. [Before Judge O'Gorman. | In the matter of the estate of Edward Simons, deceased. Albert Armstrong appointed administrator. Bond filed, approved and let ters issued. In the matter ef the estate of M. Pierce, de ceased. Will filed, with petition for probate of same. Hearing July 6th. Stunicipal Court. *" [Before Judge Flint.] CRIMINAL. The city vs. John Lee; drunkenness, sen tence suspended. The city vs. Patrick Kelly and Matt Henley; nuisance and violation of market ordinance. Dismissed. The city vs. Thomas Brady; fast driving. Fine of $10, paid and discharged. The city vs. John Put z; nuwuuce. Costs paid aud discharged. The city V 6. John Went worth; driving on sidewalk. Sentence suspended. The city vs. John Lahr ; disorderly conduct. Continued until to-day. arm,. Warner <fc Foote vs. F. Steinhart. Taxation of cost by the clerk approved. DIOCESAN COUNCIL. First Day of the Episcopal Council at Farlbanlt— Bishop Clarkson in Attend ance— Reception by Bishop Whlpple Last Evening. The twenty-third annual council of the diocese {of Minnesota met in the Cathedral at Faribaalt yesterday, Jane 9th, at 9 a. m. The processional hymn was the two hundred and seoond, and the prooession entered the Cathedral through the middle aisle ani pass ed down to the ohanoel. The Rev. S. K. Miller, of Le Sueur, read morning prayer to the litany, Rev. Chas. A. Cumming, of Duluth, reading the first les son, and Rev. Jas. A. Gilfillan, of White Earth, the seoond lesson. The litany whs read by Rev. F. J. Hawley, D. D., of Braiu ard. Mr. Van Vliet, of St. Mary, presided at the organ. The ante-oommunion service was read as follows: Decalogue, Bishop Whipple; Epistles, Rev. Di. Watson, of Red Wing; Gospel, Dr. Eniokerbaoker, of Min neapolis. The Nioene Creed was then chant ed, after whioh Bishop Whipple announced that Rev. E. J. Pordy, of Winona, who was to have delivered the sermon, was unable to do so on account of personal illness. BBaUIiAB SESSION. The Council was called to order at 11:30 a. m., by the Bishop of the diocese, and the Rev. Chas. Coer, of Rochester, secretary of the last Council, called the roll of clerical and lay delegates, and there were found to be present, Bishops, 2; clergy, 35; lay dele gates, 20. The Bishop introduced Bishop Clarkson to the Council, and invited all to his reception. The Bishop announced his address at 7:30 p. ai., after which a parade by the Shattuok cadeta. On motion Rev. Chas. T. Coer was re-elect ed secretary, General J. H. Simpson, of St. Paul, treasurer of the diocese, and S. A. March treasurer of the Episcopal fund. Standing committees were appointed by the'ehair as follows: On Organization and Incorporation of Parishes — Rev. E. Li verm ore, Messrs. Daniels and Joss. On Privilege— Beys. 8. K. Miller, Jaa. Cornell, Mr. Jarrett and Geo. Stocking. On Legislation— Rev. J. 8. Kidney, D. D., G. Wattson, D. D., Hon. E. T. Wilder, Hon. G. E. Cole. On Finance— Rev. D. B. Kniokerbacker, Hon. W. Young and O. Wheeler. On the State of the Church— Revs. T. M. Riley, E. 8. Peake, Maj. Lewis Stowe and Capt. W. P. Spalding. On Unfinished Business— Revs. E. G. Hun ter and W. C. Pope. By reoommen dation of the Biahop,on motion of Rev. Dean Livermore, the order of busi ness was suspended, and election of mission ary committee took place. On motion the deacons of the several con ventions were placed on said committee for this year. Treasurer of Episcopal fund's report read by Dr. Knickerbocker. Treasurer of the diocese's report read by Rev. E. S. Thomas. Both reports referred to finance committee. On motion Rev. E. S. Thomas, the bishop, was requested to appoint a committee of three to nominate a missionary board. He appointed the deacons as such committee. The committee on legislature's report was read by Rev. Dr. Kidney, and the oommittee oontinued. A oommittee of three, on assessments, was appointed by the chair, as follows: Rev. Thomas, Rev. Wilson, Rev. Riley. Recess till 3 p. m. AFTEBNOON SESSION. The council reassembled at 3p. m., Bish op Whipple in the chair. Roll called and order of business prooeeded with. Special committees made their several reports > which were disposed of as usual. A report was adopted accepting an invita tion to hold the next annual council in Still water. The next of the afternoon session was spent in routine business, after whioh the council adjourned until 7:30, at which time the bishop's address was delivered to a very large audience, after whioh a general recep tion was held by bishop and Mrs. Whipple, at the Episoopal residence. The Shattuok Cadets gave a dress parade at 7 p. m. in front of the bishop's house. Bold Attempt at Bobbery. It was reported, last night, that thieves had entered the residenoe»of Mr. MoArdles, No. 166 Wabashaw street, yesterday after noon, and burglarized the house. Inquiry concerning the affair developed the follow ing information: About noon, yesterday, Mrs. McArdle had occasion to go up stairs, and, on reaching the landing of the seoond story, she was confronted by a well dressed and genteel looking fellow, who inquired for the apartments of Mr. Davenport. No time was given for an answer, and, without fur ther ado, the stranger bolted for the front door and was off. The lady collected her bewildered senses, and, upon going into the rooms, it was discovered that the man had ransacked the bureau drawers. The lid of a trunk was also open and the contents scattered about the room. He was in the aot of going through the trunk when he heard footsteps, henoe the trumped up in quiry about a Mr. Davenport. The thief was in search of money, and would have gained his object if given a few minutes longer, as the trunk contained considerable currency. No goods were taken. Errata. The following typographical errors occurred in the article of J. W. McOlong on the Phila delphia syßtem of long leases: Instead of, "Mr. Byron Woodward has pro vided me one of the deeds," read, "Mr. B. W. has forwarded me," etc. Instead of, "he is the owner of the fee subjecting to the ground rent," read, "subject to the ground rent." In stead of, "he may pay the principal and stop this at most any time," read, "he may pay this and stop the interest any time." Instead of, "Mr. W. offers to sell, on this plan, lots in Woodland terrace, and Summit parks," read, "Woodland, Terrace, and Summit parks." In stead of, ''attract hundreds as permanent own ers to St. Paul," read, "attach hundreds as permanent ownera of St. Paul." The Upper Missouri. Dispatches from Bismarok dated Tuesday evening, addressed to General Agent San born at the Northern Pacific headquarters, say that the Butte, from Sioux City for Fort Benton, took on at Bismarok 85 tons of Powers freight and several passengers. The Rosebud left for Benton at 6 p. m., taking 41 tons of Coulson freight, and a large num ber of passengers, including a detachment of the Northwest mounted police of Canada, numbering 50 or more. THE MILLERS' CONVENTION. Award of Frizes for Excellence. Cincinnati, June 9. — The millers' inter national exhibition is now in full and sne oessful operation, the ~iills are at work, and the Vienna bakery daily turning out quanti ties of delicious bread, for whioh there is an active demand. The judges have made the following awards on flour: Spring wheat patent, gold medal, Washburn, Crossby & Co., Minneapolis; silver medal, same firm; bronze medal, same firm. Spring wheat straight, gold medal, Leonard Day & Co., Minneapolis; silver medal, Washburn, Crossby & Co.; bronze medal, Iron Mountain mills, St. Louis. Spring wheat dear, gold medal, Hinkle Bros., Minneapolis. Winter wheat patent, gold medal, J. C. Boyle, Spar ta, Wisconsin; silver medal, John Huegly, NasLville, Illinois; bronze medal, Wagoner & Gates, Independence, Missouri. Winter wheat straight, gold medal, Atlantio Milling company, St. Louis; silver medal, Jos. Gordon & Co., Sparta, Illinois; bronze medal, A. A. Taylor, Londonville, Ohio. AS YOU LIKE IT. The Supreme Court on the Social Evil Ouen tlon—As Many Opinions as there are Judge*, bat a General Conclusion that Ordinance No. 10 does not Prevent State Prosecution. Supreme Court, October Term, 1879. The State of Minnesota, plaintiff, vs, Annie Oleson, defendant. Syllabus— State vs. Charles, 16 Minn., fol lowed and approved as to the points that the charter of the city of St. Paul has not trans ferred and vested in the city exclusive juris diction over the offense of keeping a honse of ill-fame resorted to for the purpose of prosti tution, and that the general law found in the general statutes of 1878, chapter 2, section 9, is not superseded by the city ordinance upon the same subject. Upon the questions raised in the]defendant's second special plea in the case, the members of the court are unable to agree, the chief justice holding that the city ordinance involved is valid, aud that a conviction under it is a valid oonviction, and a bar to a subsequent indict ment for the same act. Mr. Justice Berry hold ing that tbe ordinance is invalid, and therefore that a conviction under it is not a bar to such subsequent indictmeut; and Mr. Justice Cor nell holdiDg the ordinance to be valid, but that a conviction under it is no bar to such subsequent indictment. The decision of the court below ou the de murrer of the first special plea held correct, and its decision on tbe demurrer to the second special plea held erroneous. Associate Justice Cornell. | Supreme Court, October term, 1879.] The State of Minnesota, plaintiff, vs. Annie Oleson, defendant. I fully concur in the opinion of my associate justice, Berry, that the precise question raised by the demurrer to the second plea of the de fendant in this action, was presented to this court and authoritatively and correctly decided in the State vs. Charles, 16 Minn., 474; and that in following the adjudication in that case, the demurrer to this plea must be sustained. Tbe question raised to the demurrer to the de fendant's third plea is whether the latter is good as a plea of a former conviction for the same offense, as that charged in the indictment herein. The plea is as follows : "That she (the defendant) has already been duly convicted and punished under the charter and ordinances ql the said city of St. Paul of and for the said offense of keeping a house of ill-fame, resorted to for the purpose of prostitution, committed at said city of St. Paul and in said county of Ramsey, on the Ist day of January, A. D. 1879, and on divers other days and timus between that day and the day of Itke date of this indictment, and has paid the penalty and suffered the punishment therefor in accordance with the provisions of the charter and ordinances of said city, referred to in her second plea, which said conviction is for the same offense and the same specific acts of of fense as regards all matters and things in the said indictment charged, which Baid conviction aad punishment was had by the judgment of the municipal court of the said city of St. Paul, on the 19th day of April, 1879." In construing this plea, regard should be had to the familiar rule that nothing contained in a pleading is to be taken aa admitted by a demurrer except such facts as are material and well pleaded. The averment of due conviction is but a legal conclusion drawn by the pleader from the facts stated, and is not admitted. The former conviction which is plead, is stated to have been under the charter and or dinances of the city of St. Paul, and by the municipal court of that city. Unless it was within the jurisdiction of that court, and the provisions of some ordinance authorized by the charter, of course it was null and void. Outside the allegations of the plea the court can take no judicial notice of the particular terms and pro visions of the ordinances therein referred to. (City of Winona vs. Burke, 23 Minn., 254.) But whatever their character, it is clear they can have no legal validity except as authorized by the charter of the city, in pursuance of which they were adopted. The charter of the city of St. Paul does not attempt to confer upon ita common council any authority to pass ordinances in respect to any offenses amounting to felonies which may be committed against the State in violation of its laws, nor for the trial, conviction and pun ishment of persons guilty of such offenses. The power which it gives by express and spe cific grant to enact ordinances fer the purpose therein named, all of which are municipal; "to suppress houses of ill-fame" withiu the city, "and to provide for the arrest and pun ishment of the keepers thereof by a fine not exceeding $100, and imprisonment in the city or county jail not exceeding thirty days," (eh. 4 of city charter, sub. 3 and 35 of sec. 8) confers no authority to provide for the punishment of any offense committed against the State by any keeper of such house in vio lation of its laws, and any ordinance enacted with that view and of that character mnst be a nullity, and a conviction thereunder void. And yet this must have been the character of the ordinance under which the alleged former conviction was made, if it is conceded that it was for the same offense charged in this indictment, for that clearly charges an offense committed against the peace and dignity of the State and contrary to the forms of the statute, and not in violation of any ordinance. Furthermore, as the offense alleged in the indictment is a felony under the laws of the State (Gen'l Sts. 1878, eh. 91, b. 28. eh. 100, s. 9) a former conviction for the same offense by the municipal oourt of the city of St. Paul would be of no effect whatever and could not subject the defendant to any penalty or punishment, inasmuch as that court was wholly without jurisdiction to pronounce any judgment con cerning an offenoe of that character. It was only triable upon indictment properly found by a grand jury and by a court of competent jurisdiction to try indictments. The mu nicipal c»urt is invested with no Huch juris diction . The plea is therefore clearly bad so far as it attempts to set up a former conviction and punishment for the same offense. It is suggested, however, that the plea may be sus tained, for the reason that it sufficiently al leges that the former conviction and punish ment, under the ordinances, was for tbe same specific act of the offense charged in the in dictment, and this perhaps raises the question both as to the validity .of tbe ordinance and the effect of a conviction thereunder as a bar to any prosecution by indictment founded upon the same act. The statute upon the subject, and upon which the indictment is based, enacts that "whoever keeps a house of ill fame, resorted to for the purpose of prostitu tion or lewdness, shall be punished by imprison ment in the State prison not more than one year nor less than six months, or to a fine not exceeding three hundred dollars nor less than one hundred dollars." Assuming that the or dinance under whioh the alleged former con viction was had, in terms prohibited the keep ing of any such house within the city, under a penalty for its violation not in excess of that prescribed by the charter, it was not in my opinion unauthorized or invalid. Keeping a house of this character, which the statute denounces aa a felony, without refer ence to the place of its location, was an offense at common law because of its evil influence and effect upon the public morals. Keeping it in a crowded and populous city where its per nicious influence is ever present and constantly felt is a circumstance greater in aggravation of the evil as respects that community. A breeding place of vice and crime, it is a contin ual menace to the orderly government of the city, creating, in the affrays and mischiefs it causes, a necessity for increased taxation for the preservation of its peace and quiet. These are special evils that directly and specially affect the city as a municipal government, which are not provided for by the statute, as they do not affect the State at large, or at most only re motely and in a much less degree. Their sup pression is essential to the welfare of the mu nicipality, and to enable it to accomplish the purposes of its creation, and any ordinance di rected to these ends and not to the punishment of the offense against the State would be an exercise of corporate anthority for a strictly municipal purpose. The competency of the State through its legislation to confer such au thority, without at the same time surrendering any of its jurisdiction over the offense against it, I cannot doubt it would come within the principle of the rub announced by Mr. Dillon in his work on municipal corporations "that when the act is, in its nature, one whioh con stitutes two offenses, one against the State and one against the municipal government, the lat ter may be constitutionally authorized to pun ish it, though it be also an offense under the State law; but the legislative intention," says this learned author, "that this may be done should be manifest and unmistakable, or the power in the corporation should bo held not to exist." Dillon, M. C, page 302. I fully agree with this learned author as to the correctness of the rule which it seems to me governs this case in respect to the point under consideration. The legislative intention in this case ha been expressed too clearly to admit of an doubt. The charter gives in express terms the authority by ordinance to suppress houses of ill-fame within the city, to provide for the ar rest and punishment «f the keepers of these "by a fine not exceeding $100 and imprison ment in the city prison or county jail not ex ceeding thirty days, or both, and to be fed on bread and water in the discretion of the city justice." (Oh. 4of char, of St. Paul, sec. 3, subdivision 3 and 35.) It is given as a spe cific grant of power after a general authority already conferred to enact all ordinances deemed expedient and not repugnant to the constitu tion and laws of the United States and of the State, for certain purposes therein named of a municipal character solely and exclusively, and it is expressly declared that such specific power in given for the like general purposes, thus excluding any influence that it can be nsed for the prosecution and punishment of offenses against the State, or for any other than strictly municipal purposes. According to a familiar rule a grant of author ity thus specifically enumerated must be taken as within the intention of the legislature, and as not embraced by the proviso as to repug nancy. On the contrary it is a plain declara tion by the legislature that its exercise by the corporate authorities for municipal purposes alone wsa contemplated and intended, and that such, its exercise would not be in conflict with the Btitute then in force making the act of keeping a house of ill-fame a felony and providing for the punish ment as such under the laws of the State. That this was the legislative intention is further evidenced by the fact that in 1878 ex press authority was eiven to the common coun cil of said city to appropriate and set apart in whole or in part all fines collected in the exer cise of the power from the keepers of houses of ill-fame in said city for the use and support of institutions established therein for the care and reformation of fallen women. (Ch. 143, Sp. Laws, 1878.) As to the question of repugnancy between the statute and the supposed ordinance, the former looks to the maintenance of the "peace and dignity of the State," by the punishment of an unlawful act criminal wherever committed, without reference to the particular interests of any locality; the latter to the preservation of the morals of a particular com munity, and to its protection against the local evils and mischiefs resulting to it from the commission of such wrongful act in its midst, to which Buch alone both the prohibition, and the punishment provided by the ordinance, are directed without any reference to the criminal character of the act as a public offense. They are not inconsistent with each ether, and within the principle of the State vs. Lud wig, 21 Minn., 202-207, there is no repugnancy between them, as would clearly have been the case if the ordinance had merely attempted to regulate what the statute absolutely prohibits. The remaining question respects the liability of defendant to punishment, both under the ordinance and the statute, both being in force, and it being conceeded that the act which constitutes the offense.or ont of which it arose, in the same in each case. It is objected that a conviction and punishment under both would work the infliction of a double punishment for the same act, and that this is prohibited by the constitutional guaranty that "No person for the same offense shall be put twice in jeopardy of punishment"— (Art. 1, Sec. 7, Const. ) The term ''offense" in criminal law is not identical in meaning with the word "act" it imparts in legal sense, and in infraction or transgression of a law — the willful of an act which is forbidden by a law or omitting to do. what it eommauds, (1 Wbarc. U.S. vs. Boor vier, 2s4, Moon vs.'che people of the State of 111. 14, Howe 13. ) The identity of au offense therefore is to be determined by a reference both to the aot done and the law which it violates; and if the act itself is a transgression of tap distinct laws it results in two offenses^The case above cited (Moon vs. III.,) and that of Pox vs. State of Ohio 5 Howe 435, furnish illustrations of the truth of this proposition and establish the doctrine that a single act done by a party owing allegiance both to the government of the United States, and the government of a State, in violation of the laws of both, constitutes two distinct offenses and subjects him to the liability of a conviction and punishment under both. This doctrine is fully approved by that court in United States vs. Maryland 9, How. 599; United States vs. Cruikshank 92; United States 550, and in the recent case of ex parte Siebold, reported in vol. 21, N0. 13, Albany Law Journal. The principle of these decisions, says Mr. Cooley, applies to the violation by one and the same act of a State law and a valid municipal ordinance. That principle is this: That every government competent to the enactmant of a law with a penalty for its infraction, which Bhall be obligatory upon those subject to its jurisdiction, may punish any violation thereof, though the offense may also have been subjected to punishment under an other jurisdiction for an infraction of its laws by the same act. Within the limits of its authority to enact ordinances, with the force of law for the government of its citizens, a muni cipal corporation is a government, and if the statute creating it so permits, it may, through its own separate tribunals, exercise the powers of a government in respect to all offenses com mitted against it. Mr. Cuoley, in speaking upon this Buhject, says: "The same act may constitute an offense against both the State and the municipal cor poration, and may be pnnished under both without violation of any constitutional prin ciple." And this doctrine he also says is sus tained by the clear weight of authority (Cool ey's Court Laws, 199, and note 4.) Mr. Bishop expresses concurrence with these views in these words: "The true doctrine ap pears to stand thus: Jf the statute so autho rizes, it is not apparent why a city corporation may not impose a special penalty for an act done against it, while the State imposes also a penalty for the same act done against the State." And he regards the doctrine as anal agous to that which obtains in respect to an act done in violation of the laws both of the United States and of a State, which he says "may now be deemedjsettled." (Bishop on State Crimes, 23.) If the scviews are correct.aa they are believed to be, the constitutional guaranty invoked by the defendant has no application to the facts of the case. Her conviction and punishment under the ordinance was for an offense against the city which it was legally authorized to pun ish. She now Rtands indicted for an offense committed against the State by a violation of its laws. The two are separate and distinct offenses and if guilty, she is liable to the punishmen t for both. In my opinion the demurrer to the third plea ought to have been sustained, and the order of the court below overruling it'shonhl be reversed. Cornell, J. Justice Berrifs Opinion. The State of Minnesota, plaintiff, vs. Annie Olehon, defendant The defendant was indicted for the crime of keeping in the city of St. Paul a house of ill fame, resorted to far the purpose of prostitu tion. The second plea was: "That, under and pur suant to the act of the legislature, entitled, "An act to reduce the law incorporating the city of St. Paul, in the county of Ramsey, and State of Minnesota, and the several acts amendatory thereof into one aot, and to amend the same" approved March 6th,1868, and under and by pursuant and in accordance with the authority in and by said act, granted to, and vested in the common council of the said city of St. Paul, the said common council of the said city of St. Paul did, on the 7th day of October, 1859, duly pass, "adopt and publish a certain ordinance to suppress houses of ill fame in said city, and to provide for the arrest and punishment of the keepers thereof, and did in and by said ordinance pro vide for the arrest and trial before and conviction and sentence by the city justice of the said city of St. Paul, and which said ordinance provides for and regulates th 9 pro ceeding for the arrest, trial, conviction and punishment of all persons who shall keep honses of ill-fame or places resorted to for the purpose of prostitution within the limits of said city, thereby providing for the punish ment of the specific offenses and specific acts charged in this indictment, that the aforesaid act was amended by an act entitled "An act to amend an act entitled an act to reduce the law incorporating the city of St. Paul, in the coun ty of Ramsey and the State of Minnesota, and the several acts amendatory thereof, into one act, and to amend the same," approved March 8, 1875, by which said act there was established in said city a court of record called the munici pal court, to which said court therein was granted all the ponors and authority thereto fore given in such city to the city justice. To this plea the State demurred and the de murrer was sustained. The defendant's contention as respects this plea in that the ordinance referred to "has all and the same force, operation and effect that it would have had if it had been enacted directly by the legislature as a special act, that is to nay, it takes the place (in the city of St. Paul) of the general statutes on the same subject, the same as if the legislature itself had passed a special act in the words of the ordinance." The same point was made in State vs. Charles, 16 Minn., 474, and was deoided to be untenable. Notwithstanding the able argu ment of counsel to the contrary, we are of the opinion that the decision was correct and that the demurrer to the second plea was properly sustained. The defendant's plea was "That she had al ready been duly convicted and punished, under the charter and ordinances of the said city of St. Paul, of and for the said offense of keeping a house of ill fame, resorted to for the purpose of prostitu tion, committed at said city of St. Paul, and in said county of Ramsey, on the Ist day of Jan uary, A. D. 1879, and on divers other days and times between that day and the day of - the date of this indictment, and has paid the penalty and Buffered the punishment therefor in accordance with the provisions of the charter and ordinances of Baid city, referred to in the second plea, which said conviction l 1) the same offense and same specific acts of offense as regards all matters and things in the eaid indictment charged, which said conviction and punishment was had by the judgment of the municipal court of the said city of St. Paul on the 19th day of April. 1879. The State's demurrer to this plea was over ruled. The offense for which the defendant was con victed under the city ordinance is, according to the averments of the plea (the truth of whioh the demurrer admits) the same offense for which she is indicted. If she has been once duly convicted and punished for it she should not be convicted and punished for it a second time, for this would violate the familiar pro vision of our constitution "that no person for the same offense shall be put twice in jeopardy of punishment." It is no answer to this propo sition to say that one conviction is bad and one punishment administered through a municipal court, and for a violation of a city ordinance, and that the second conviction and punishment are Bought to be had through a district court, and for a violation of a general law of the State. These considerations in no way effect the fact that the second alleged offense is identi cal with the first. The consequence is that, if the former conviction is valid, the district court was right in holding the defendant's third plea to bo a good answer to the indict ment, and in therefore overruling the State's demurrer. Bat was it valid? It certainly was not if the ordinance was not valid as respects the offense in question. The ordinance reads as follows : "Any person or persons who shall, within the limits of the city of St. Paul, keep a house of ill-fame, or a place resorted to for the purpose of prostitution, * * shall, on conviction thereof before the city justice, be pnnished by a fine of not less than $5. nor more than $100, or imprisonment not exceeding thirty days, or either, at the discretion of the said justice.'* The statute under which the defendant was indicted is as follows: "Whoever keeps a house of ill-fame, resorted to for the purpose of prostitution or lewdness, shall be punished by imprisonment in th» State prison not more than one year, nor less than six months; or by a fine not exceeding $300, nor less than $100." It appears that the crime of keeping a house of ill-fame, resorted to for the pnrpose of pros titution, is nnder the statute a felony punish able by imprisonment in the State prison from six months to a year, or by fine from $100 to . $300. Under the same ordinance the same crime is a misdemeanor punishable by a fine from $5 to $100, and by imprisonment in the city prison not more than thirty days, or by either. As respects the punishment of the offense in question, the ordinance is clearly repugnant to the statute. So that if the ordinance were npheid, it would follow, from the conclusions before reached, that a person guilty of such offense might, through a conviction under the ordinance, satisfy the demands of justice by a much lighter punishment than that which the general law has deemed necessary to prescribe for the offenses of that character. But on account of its repugnancy to the statute, the ordinance, bo far as respects the offense mentioned, is involved and cannot be sustained. For the city charter, by virtue of which alone the ordinance was enacted, ex pressly declares that the power to enact ordi nances is subjected to the proviso; "that they be not repugnant to the constitution and laws of the United States or of this State." As the conviction set up in bar of the indictment was under an ordinance invalid and void as respects the offense charged, it was a conviction without any authority of law whatever. A conviction for an offense which was not an offense, or, in other words, it was not a convic tion at all, and hence the defendant was not in contemplation of law but in jeopardy of pun ishment for the offense for which she is indict ed, either by the so-called conviotion under the ordinance or by the prosecution which led to it. It follows that, in my opinion, the district cour & was wrong in overruling the demurrer to the third plea. It is true still that the charter of St. Paul authorizes the common council by ordinances, resolutions or by-laws * * to suppress * * houses of ill-fame and to provide for the arrest and punishment of the keepers thereof. But the ordinances thus authorized Joust not violate the proviso against repugnancy. They cannot cover the same precise ground as the general law upon the same subject because it is not competent under the city charter for the common council to impose the punishment prescribed by the general law, the authority of the common council in that regard bein£ lim ited to the imposition of a fine not exceeding $100, and imprisonment in the county jail for a time not exceeding thirty days. The city or dinances for the arrest and punishment of keepers of houses of ill-fame, must, therefore, be directed to something else than the single keeping of houses of ill-fame, resorted to for the purpose of prostitution, as for instance to something relating to manner of keepiag them, or perhaps to the place in which they are kept. Berbt, J. Chief Justice Gilfilllan's Opinion. I concur in the opinion of my associated that the second plea was correctly overruled. I also concur in the opinion of Mr. Justice Berry, that if the conviction under the city or dinance was a valid conviction, it is a bar to the indictment. A person is to bo punished bo cause he willfully does an act which the law prohibits or omits doing an act which it com mands. The doing of the prohibited act, or omitting the act enjoined, constitutes the legal offense. (The fact that there may be several statutory prohibitions of an act, or that several prohibiting statutes may designate the offense by different names, does not multi ply the act so as to make the doing of it sev eral distinct offenses. The United States and the State is each an independent political jurisdiction, and from necessity each must have to protect itself, and to define and punish offenses against its juris diction and sovereignty, without regard to what may be done by the others. The consti tutional inhibition to punish twice for the same offense was not intended to reach those oases, where, in the proper oxercise of their powers, the United States and a State have each declared an act to be an offense against it. And the cases in which it has been held that where the same act is an offense against the law of the United States, and also of a State, a conviction under one is no bar to an indictment under the other, do not apply in principle to cases where it pro poses to punish an act several times because several times prohibited by or under authority of the same political jurisdiction as this case. After continuing the argument for some length he says : I am of opinion that the demurrer to the third plea was rightly overruled. GILFILLAS, C. J. DAILY WISATHER BULLETIN*. -:■■■.■ Office of Observation, Signal Corps, U. B. A ) ■ lnqbbsoll Block, third street. > St. Paul, Mini*. ) Observations taken at the same moment of time at all stations. Meteorological Record, June 9, 1880, 9:56 P. M. Bar. Ther. Wind. Weather. Breckenridge..29.69 57 £ Clear. Duluth 29.76 51 SE H'y rain Garry 29.71 6i SE H'y rain Yankt0n.......29.67 60 NE Cloudy. St. Paul 29.60 68 — Thre'ng DAILY LOCAL MKAN9. Bar. Ther. Bel. hum. Wind. Weather. 29.600 63.0. 89.7 8E Thre'ng Amount of rainfall .01 - inches; maximum thermometer 73; minimum ther mometer 62. O. S. M. Comb, Sergeant Signal Corps, U. S. A. Deplorable Ignorance. [St. Louis Republican.] Windom of Minnesota got 280 voted at the Republican national convention yester —that is, ten votes twenty-eight times. This is sufficient to start the inquiry. Who is Windom, anyhow?