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Daily globe. [volume] (St. Paul, Minn.) 1878-1884, February 22, 1883, Image 2

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Tufi iMbiiMUlUl.
;r> J.T.s;
Failure of an Attempt to Adjourn Over
"Washington's Birthday—A Bill to Reor
ganize the st. Paul Fire Department—
Defeat of the Mill in the House Taxing
Railroad Lands in Certain Cases—The
General Appropriation Dili for the Next
Biennial Period—A Large Number of
Bridge Bills Passed by the House.
The senate deviated yesterday from the
regular order of business, commenced with
"third reading of bills," and passed all on
the calendar, the object being to get a
number of bridge woodchu safely
through so they would not be lost in the
hurry of the last days of the session. Af
ter these were safely in out of the cold, and
it took a great deal of running to and from
the committee rooms to keep the neces
sary quorum in the senate chamber
Senator Castle's bill appropriating money
for building improvements at the state
prison was reached, v.hen a long dispute
ensued, the net result of which was that
the bill passed without material modifies
tion. Several of the senators had their
little guns loaded for ';bar" and fired them
off to their own satisfaction at least, even
if their volleys didn't bring down the
Senator Van Hoesen offered a resolution
expressing it as the sense of the senate
that there be no session to-day. saying that
whilst they passed laws making instru
ments executed on the 22d of February
illegal, it would be appropriate for the leg
islature to emphasize its precepts by its
example, and transact no business on the
birthday of the father of his country. The
majority, however, did not wish to prac
tice what they preached, and voted down
the proposition. Fully an hour of valua
ble time was consumed in disposing of
this question, and the senate meets an hour
earlier this morning to make up for lost
time, it being understood that there will
be no afternoon session in order to give
workmen time to place the electric lights
in order for the governor's reception in the
Notwithstanding the fact that there were
two long sessions, morning and afternoon,
the whole order of business was not gone
through with. General orders, with forty
four bills upon it, was not even touched.
Some of the senators, when they talk, do
not appear to have the faculty of speaking
briefly and to the point, but destroy the ef
fect of a really good speech by a multitude
of words.
Routine Report.
Senate met at 10 o'clock, and was called
to order by the president.
Devotional exercises by the chaplain.
Roll called and journal read and ap
Senator Sergeant sent a petition to the
president's desk from citizens of the First
Senatorial district, relating to temperance.
Appropriating $400 to build two bridges
across the east branch of the Chippewa
Appropriating ,$2,000 to build a bridge
in Kandiyohi county.
Appropriating $1,000 to build a bridge
across Cannon river, Goodhue county.
Appropriating $400 to build a bridge
across south branch of the Watonwan river,
Watonwan county.
Appropriating §1,000 to build a bridge
across the Watonwan river at Madelia,
Watonwan county.
Appropriating $750 to build a bridge
across the Le Sueur river, Blue Earth
Appropriating §500 to build a bridge
across the south branch of Two Rivers,
Kittson county.
Amending the statutes of 1878, relating
to appeals in condemnation proceedings.
Relating to the jurisdiction of probate
Amending the general statutes of 1878,
authorizing building associations to loan
money to persons other than its own
Declaring void bills, notes, etc., obtained
by fraudulent representations.
Regulating the fees of clerks of the
district courts and their deputies.
Amending the general statutes of 1878
relating to roads, cartways and bridges.
Appropriating $60,000 to provide for
the erection of additional buildings at
Faribault for the blind and idiots.
Authorizing the trustees of the hospitals
for the insane to purchase land for the
use of the institutions. Appropriates
Establishing a clerkship in the office of
the secretary of state with a salary of
Appropriating money for permanent
improvements to the state prison.
Reimbursing Meeker county in $1,709
for expenses incurred in preventing the
spread of small-pox.
Amending the general laws of 1878 re
lating to fences. Lost.
Authorizing the draining of lake Mary,
in Douglas county.
Authorizing the formation of town in
surance companies.
Amending the charter of the St. Cloud
Water Power company.
Joint resolution asking congress to fix
the head of navigation on the Minnesota
river at New Ulm, Brown county.
Organizing Hubbard county out of cer
tain territory belonging to Cass county.
Providing for the issue of bonds in
towns in an amount not exceeding $5,000,
for public improvements upon petition of
two-thirds of the voters of the town.
Preventing the running at large of do
mestic animals in Clay county.
Authorizing the city of Stillwater to is
sue §60,000 in bonds to refund maturing
Amending the village charter of Rush
City, Chisago county.
Authorizing the supervisors of Logan.
Grant county,to issue $2,000 bonds to build
a court house.
Amending the charter of the city of St.
Paul in respect to the fire department.
Amending the charter of the city of St.
Paul regulating the public schools of said
city. ■''■■:1-
Repealing chapter 24, special laws of
1879, authorizing a state road in Sibley
Amending chapter 301 of the special
i.ws of 1881 relating to roads and bridges
in Stearns county.
Authorizing the commissioners of
Stearns c aunty to adjust certain claims for
attendance upon small pox patients in said
To prevent the running at large of d i-
Sueur county.
Amending the special laws of 1881 re
lating to the catching of fish in Le Sueur
Amending the general laws of 1SS1 re
lating to insurance.
By Senator Castle —Amending section
6, chapter 95, general laws of 1878, relat
ing to offenses against property.
By Senator Castle—Punishing persons
for selling mortgaged personal property.
By Senator Blake —To provide a form
for acknowledgements.
By Senator Blake—To provide a bond
for the conveyance cf real property.
By Senator SteenersonChanging the
boundaries of certain school districts in
Folk county. Passed under suspended
By Senator Steenerson —To change the
boundaries of certain school districts in
Polk county. Passed under suspended
By Senator Blake —Relating to acknowl
edgements of instruments relating to real
By Judiciary Committee —Amending
section 6, chapter 10;"!, general statutes of
1878, relatidg to fugitives from justice.
By Senator ComptonRelating to cer
tain trials before justices of the peace.
By Senator Chandler—Authorizing the
city of Red Wing to unite with the Minne
sota Central railroad company to construct
a railway and wagon bridge across the
Mississippi river and issue §75,000 in
bonds. Passed under suspended rules.
By Senator Goodrich —Amending the
charter of Winnebago City, Faribault
By Senator O'BrienTo appropriate
§150 to compensate the clerk of the su
premo court for extraordinary services.
By Senator Shaleen—To appropriate
$800 to aid Wyoming, Chisago county, to
rebuild a bridge across the
narrows of Chisago lake.
By Senator —Amending section
96, chapter 34, general statutes of 1878,
relating to railway companies.
By Senator Vollmer — to parti
tion fences inMcLeod county. Passed un
der suspended rules.
By Senator —Preventing the
running at large of domestic animals in
the town of Winsted, McLcLeod county.
Passed under suspended rules.
By Senator Steenerson — the
charter of the city of Crookston, Polk
county. Passed under suspended rules.
By Senator Van Hoesen —Amending sec
tion 18, chapter 3, statutes of 1878, relat
ing to compensation of officers of the leg
By Senator HonltonReimbursing
Sherburne county in §1,000 for arrest of
non-resident criminals.
By Senator WashburnAuthorizing Or
tonville, Big Stone county, to issue $2,500
in bonds for the purchase of fire appara
tus. Passed under suspended rules.
By Senator Washburn— fix the time
for holding court in Traverse county.
Passed under suspended rules.
By Senator Washburn—To appropriate
$1,500 to build a bridge in Traverse
By Senator Washburn — protect the
rights of women.
By Senator Compton— the
charter of the city of Fergus Falls, Otter
Tail county. Passed under suspenped
By Senator Clarke To require railroads
to perform their duties as common car
riers in the shipping of grain, and to reg
ulate the building of elevators and grain
warehouses. The bill reads as follows:
Every railroad corporation chartered
by or organized under the laws of this
state, or doing business within the limits
of the same, when desired by any" person
to ship grain on its road, shall receive and
transfer such grain in bulk within a rea
sonable time,andJload the same either upon
its track or at its depot, or at any ware
house adjoining its track, or side track,
without distinction, discrimination or fa
vor between one shipper and another, and
without distinction or discrimination or
favor between one shipper and another,
and without distinction or discrimination
as to the manner in which such
giaiu is offered to it for trans
portation; or as to the person,
warehouse or place to whom or to which it
may be consigned; and any such railroad
corporation shall permit any person
to build an elevator or warehouse
of such capacity as the business in
his judgment may warrant upon any side
track within reasonable distance from its
freight depot, upon the same and equal
terms with any other person, and any per
son may have the right to build and main
tain a side track within a reasonable dis
tance of the station for an elevator or
warehouse, and any railroad shall permit
track communications for such side track
with its main line, providing such side
track shall b9 built and maintained in a
reasonable manner, and if any disagree
ment as to such right of location shall
arise between the railroad company and
such person, upon hearing of the matter
from both parties, the railroad commis
sioner shall decide the same, provided that
no warehouse or elevator of any kind shall
be constructed at any point nearer than
100 feet of one already constructed.
That when a car required by any person
for shipping purposes, is detained for any
longer than twenty-four hours,the railroad
company can make a reasonable charge
for such detention, not exceeding $5 a
By Senator Washburn — Detaching
Grant county from the Seventh judicial dis
trict, and attaching - the same to the
Twelfth judicial district. Passed under
suspended rules.
The bill providing for the refunding of
money paid for taxes declared void, was
reported back by the committee with the
recommendation that it be indefinitely
Senator Billson, from the committee to
whom was referred the bill changing the
name of the reform school, reported the
same back with the recommendation that
it be indefinitely postponed.
Senator O'Brien, from the judiciary com
mittee,reported back, with the recommend
ation that it be printed and referred to
the committee of the whole, the bill defin
ing the effect of contributory negligence
in actions for damages. The bill is as fol
Section 1. That it shall not in any action
for damages for injuries or death caused
by the negligence of the defendant be a
bar or defense to said action; that the
plaintiff or the plaintiff's intestate was
guilty of contributory * negligence, if it
shall also appear that such contributory
negligence was slight in degree and that
the defendant was guilty of gross negli
gence. Provided, that in all such actions,
the question of the degree of negligence,
and if such comparative negligence shall
be one of fact for the jury.
Senator Waite, from the committee on
corporations, to whom was referred the
bill relative to the organization of annuity
and trust companies, reported by substi
tute and recommended that the substitute
be amended.
Senator Houlton, from the special com
mittee on temperance, reported back a
substitute for Senator Rice's bill. The
changes are that license may be granted
upon petition of twenty taxpayers in
stead of thirty freeholders. The license
fee is reduced from $400 in counties to
not less than $100, and from $600 to not
less than $200 in cities. The bond to be
given is reduced from $2,000 to $1,000.
Afcer notice by friends penalties attach
for sale of liquor to drunkards, and mar
ried women may , recover damages for
themselves and children.
By Senator Blake:
Resolved, That the president be author
ized to appoint a suitable person to carry
books to and from the state library, with
compensation tho same as the assistant
serjeant-at-arms. Lost.
Adjourned till 9 o'clock.
Yesterday was woodchuck day. ."
Theseven house railroad bills will be on
general orders to-day,but in view of the fact
that only one session can be held it is very
probable they will be carried over. When
taken up there will be music in the air.
Mr. Rahilly, "the gentleman from Waba
shaw," fought nobly to procure a reduc
tion of the rate of interest from 10 to 8
per cent., but the times are not propitious
for such legislation.
Mr. Hartley's bridge woodchuck for an
appropriation of §7.500 for a bridge across
the Mississippi river safely passed the
ordeal of the house yesterday. There were
seventeen of the bills in all, but Mr.
Hartley had the call by long odds in the
amount appropriated.
The bill of Mr. J. A. Peterson relating to
elections in cities of over 1,200 population
in 1875 —St. Paul and Minneapolismere
ly changes the hours for tho meeting of
boards of registration, and gives more
time to complete the registration.
The electric light will be in operation
in the capitol at the reception this even
The bill of Jas. Smith, Jr., relating to
the village of White Bear, merely legalizes
the plat of Park addition.
Mr. Merriam introduced a memorial to
congress for the necessary authority to
construct another bridge across the Mis
sissippi river at this point, for which
bonds have already been voted.
Rev. Mr. Chaffee and his associate tem
perance agitators are evidently putting on
their war paint for another struggle, the
petitions poured in upon the house at this
session for prohibition having been re
called from the committee and returned to
Mr. Chaffee as chairman of the agitating
committee. Having these petitions in
hand the agitators will have that much less
ground to cover in getting up such peti
tions for the next session.
Mr. Rahilly, the ''gentleman from Wa
bashaw" came up smiling yesterday morn
ing and, by striking the iron while it was
hot, got his usury bill taken from the
table, and placed on the calander'for third
reading, where it fared badly as will be
seen by the proceedings below.
The bill making a general law govern
ing the organization of villages, and pre
scribing their powers, introduced by the
committee on incorporations yesterday,
was the bulkiest bill so far introduced
this session, containing 248 folios.
The bill passed by the house yesterday
introduced by Mr. Hicks, affecting the
municipal court of Minneapolis, increases
the term of the judge from two to four
years, with authority to call in the special
judge when necessary. Both the judge
and the special judge are prohibited acting
as attorney in any case in said court. The
salary of the deputy clerk is increased
from $600 to $1,000.
Mr. Hartley's bill relative to the National
Guards, proposes to give two more compa
nies to each of the two infantry regiments
now authorized, making ten companie 6 to
each regiment, and appropriates §2,500 ad
ditional to that already appropriated to
meet the additional expense incurred by
the additional companies authorized. If
the bill should become a law there is no
question the four companies authorized
would be promptly organized, the full
limit allowed in the present law having
already been reached.
Mr. Cornish's bill which was introduced
yesterday and referred to the Ramsey coun
ty delegation, relating to publications of
reports of county officers, etc., repeals the
directory feature of the law in reference to
such publications, and puts the deter
mination of such publications under the
control of the county commissioners.
The bill introduced by Mr. Cullen and
passed under suspension of the rules, re
lating to the board of education of St.
Paul, does not make anv material r.hnncrna.
but simply consolidates and combines in
one act the different acts under and by
virtue of which the board has been and
is operating.
Mr. Turrell from the committee on
claims, introduced two bills yesterday, one
appropriating $1,400 for the benefit of
Mr. George Bowland, of St. Paul, who was
seriously-injured by the careless explosion
of a blast in the excavation for
the new capital. The other appropria
ted $6,000 for the benefit of Mrs. Anna T.
Bazille, widow of Joseph Bazille, in con
sideration of a quit claim to any title in
or to the property known as capitol
square, and upon which the present capitol
building stands. Mr. Hicks enterd a pro
test against the payment of claims of the
kind, and upon his motion both were re
ferred to the attorney general for an opin
ion as to whether either or both presented
a valid claim against the state.
Th» bill introduced by Mr. Cornish al
lowing municipal corporations to hold real
estate in trust, provided that real estate
may be granted and conveyed to the cor
porations of any city or village, or to any
courts, to be held in trust for educational
purposes, or for the relief of distress, or
for parks, gardens or ornamental grounds
for the purpose of military parades, or
health or recreatieD, in or near such
municipality as prescribed by the donor,
and real estate so devised may be held by
the same subject to the conditions named
and for the length of time necessary to
accomplish the purpose for which devised.
The bill introduced by Mr. Cornish yes
terday, and passed under suspension of the
rules, relating to the fire department,
makes no change in the strength of the de
partment, in machinery, paid or minute
men, etc., but authority is given the board
of fire commissioners to increase the num
ber of the latter, not exceeding five to each
company, when the demand is necessary.
The board of fire commissioners is in
creased from three to five, to be oointed
as now by the mayor and con
firmed by the . council. It also pro
vides for a secretary for the board, not
connected with the department, at a salary
of $200 per annum. The salary of the
chief engineer is fixed at not to exceed
$2,500 per annum and of the assistant
j chief engineer and superintendent of the
j fire alarm telegraph at $1,500 each. A
• further provision legislates the gentleman
holding these positions out of office on the
' 1st day of April, 1883.
Among the bills introduced was the gen-
era! appropriation bill, with the following
'1880. 18S4. 18S5.
• outive contin
gent fund for sttito
purposes and inci
dental expenses of
governor's office.... 1,700 -?3,C00 $3,000
oidental expens
es of ryof
state's office....... 225 400 400
For incidental expens
es of shite auditor's
office. 275 500 500
Ditto for state treasur
er's office 200 350 350
Ditto and per diem for
attorney general.... 575 1,030 1,000
Ditto insurance com
missioner. :.. '..'■ 175 300 800
Ditto ard clerk hire of
public examiner 1,725 6,300 3,300
Ditto railroad commis
sioner's office ...... 115 200 200
Ditto superintendent
public instruction.. 275 500 500
Ditto state library.... 175 300 300
Ditto supremo court.. 275 500 '• 500
Governor's clerk hire.. 700 1,200 ■ 1,200
Clerk of railroad com
missioner 400 1,500
Services of E. S. War
ner, It. R. commis
sioner 87
Clork hire, adjutant
general's office . 1,200
Clerk hire, state treas
urer's office 800 800
Additional help on
capitol and grounds 1,500
Clerk hire, insurance
commissioner's of
fice 175 300
Clerk, stationery de
partment 420 720
Purchase of papers and
public printing 4,000 2,000 ; 8,000
Stationary for legisla
ture 2,200 1,500 2,500
Printing and binding
for state officers... 20,000 8,000 25,000
Purchase of law books
for state library 2,000 1,000
Indexing special laws 200
Expenses examining
and selling state
lands 3,C00 5,000
Expenses requisitions. 500
Expenses state board ,
of health 1,500 2,500 2,500
Expenses and mileage
county treasurer 600
Expenses for conviction of
. horse thieves 2,000 4,CO0
Claims wolf bounties 6,000
Sneriff conveying convicts
toprison 2,000 3,500 8,500
Fees of register U. S. land
office 2,000 1,500
Publishing lawt in newspa
pers 30, COO
Hatching and distributing
ffse 3,000 5,000
Fuel, etc., for state capitol 8,500 5,000
State land agent 500
Expenses and salary of ad
jutant general 700 1,200
Janitor supreme court 250 600 600
Wolf bounties 10,000 10,000
Services marshal supreme
court 150 300 300
Rent state arsenal 280 600 600
Publishing laws '81 128
Help state capital 875
Clerk hire state treasurer .. 850
Clerk hire railroad commis
sioner 875 1,500 ....
Costs in suits brought by
attorney general 100 200 200
Salary military storekeeper 466 800 800
Mileage county treasurer 1,000 1,000
Tents and equipage 2,000
Expenses capitol 5,000
Board equalization 1,000 1,500
Bounties planting trees 4,000 4,000
Repairs and furnishing cap
itol building 3,000 3,000
Supreme court reports 800 :....
State land agent 1,500 1,500
Care capital building and
grounds 1,500
Fuel and lights for capitol
building 1,500
Clerk stationery depart
ment ". 720
Rewards for the arrest of
horse thieves 4,000
Fees registers and receivers
U. S. land offices 1,500
The first bill on the calendar yesterday
for third reading was that of Mr. Brown of
Blue Earth, for the taxation of certain rail
road lands which have been divorced from
the roads by the sale of the roads to
which the lands were granted. The bill
was opposed by Jas. Smith, Jr., and Mr.
Hicks, and supported by its author, of
course, each speaker going" over the same
line of argument employed in
committee of the whole, the
opponents claiming that the legislation
authorizing the necessary legal proceed
ings to settle the equities in the case,
under which all the facts had been stipu
lated and a test case would soon be car
ried to the supreme court, and that this
action wa3 in effect a contract between the
companies interested and the state, which
wum nun wiiu uimui uo viuitueu as was
proposed by the bill in question. On the
other hand, Mr. Brown held that the legis
lation referred to was no pledge in bar of
further proceedings by the people of the
state, and that the pleadings and stipula
tions made in the test case that was being
made up under the legislation referred to
did not meet all the points in the
detects which the passage of the
present bill would remedy in providing the
necessary machinery for placing the lands
in question upon the tax duplicates which
would of necessity result in a speedy legal
settlement of the questions in dispute.
Mr. Buck, in explaining his vote, said that
allowing the correctness of all said by those
who spoke in opposition to the bill, he
could not see that any injustice would be
done in requiring the lands to be entered
for taxation, and he should therefore vote
upon the passage of the bill. There were
yeas, 42; nays, 21, as follows:
Anderson, H., Greer, Peterson, Join
Baker, Gregory, Peterson, Ole,
Baumgarten, Hartley, " Rahilly,
Blackman, Hill, Randall,
Brown, Holmstrom, Sampson,
Buck, Huelbak, Seymour,
Burmester, Jacklin, Sidener,
Capser, Johnson, M., Snow,
Carson, Johnson, W.H.,Spaulding,
Child, J. E., Lenz, Strong,
Cook, Lydiard, Swenson,
Crawford, MeKusick, Thayer,
Ende, Morse, Thompson,
Farrar, Nelson, Torgerson,
Frahm, Parker, Way—47.
Frank, Paulson, T.,
Baarnas, Demeules, Potter,
Bean, DiRey, Smith, J.,
Boardman, Dyar, Smith, J., Jr.,
Bobleter, Emery, Stigeman,
Borak, Gotizan, Turrell,
Collins, Merriam, Van Dyke,
Cullen, Moore, White—
Anderson, Doyle,. Mortenson.
Baker, Finch, Paulson, H.
Batchelder, Gray, Peterson, J. A.
Becker, Grimshaw, Peterson, O.
Bell, Groetsch, Plummer,
Bohland, Halgren, Porter,
Child, E. A. Hicks, Sabin,
Chisholm, . Linnell, , Sadley,
Cole, McNamara, Stahlman,
Cornish, Miller, Wells.
Daniels, Morrris, Mr. Speaker -33
Just before the adjournment, Mr. Stige- ,
man, of Washington, who had voted
against the bill, as a favor, moved to re- •
consider, . which motion Mr. own urged !
the house to adopt as a matter of justice, !
the small attendance at the time the bill wa3 ■
I up not giving a fair expression of opinion
as to the merits of the bill. On a division
' there were yeas 44, raj s 31, S3 the motion
to reconsider prevailed, and the bill was
laid on the table.
This bill taken up a call of the house
was had upon motion of Mr. Rahilly, the
mover of the bill, and the absentees were
brought in, when further proceedings
under the call were dispensed with. Be
fore the vote was taken Mr. Rahilly asked
that the reporters give the vote upon tho
bill so that the people might know how
their representatives voted and explained
that the only change in the present law
was that it reduced the interest from 10 to
8 per cent. Mr. Hicks spoke against the
bill and argued that the proposed law was
against the best interests of the producing
as well as the commercial and manufac
turing classes. .One great objection to the '
proposed law was its want of flexibility
which brought all transactions, good and
bad, upon nearly the same footing. Ex- ;
tortionate interest was prevented in this ,
state by the iron clad usury law upon its
statute books, and in the interests of the (
people he hoped the bill would be killed.
Mr. Thayer spoke briefly in favor of the ■
bill, his argument being that it was the
duty of the legislature to fix the rate of in- ,
terest at what it was worth, and he waa '
satisfied the bill met that requirement. ,
Mr. Turrell said the effect if the law was ,
passed, would bo to drive the floating cap
ital out of the state and into localities
where it could command higher rates.
Mr. Dyarsaid he represented a constitu- 1
ency of borrowers, and as such i
opposed the bill because it fa
vored national banks as againt i
state banks and private loaners. Mr.
Rahilly claimed the bill affected national ,
banks the same as all other classes, and
that in fact the banks were more deeply
interested in securing its defeat than all
others. Mr. Hartley opposed the bill as
against the real interests of the labor- ]
ing classes, and that its passage would be '
especially disastrous to the manufactures 1
of the state, Mr. Morris, believing that
no number of speeches would change the 1
fate of the bill, moved the previous ques
tion and the roll was called, resulting: ;
Baamas, Ende, Patterson, '
Baumgarten, Farrar, Paulson, T.,
Becker, Finch, Peterson, John,
Bell, Frahm, Peterson, O.,
Blackman, Frank, Potter,
Borak, Greer, Rahilly, i
Brown, Grimshaw, Sampson,
Buck, Groetsch, Seymour,
Burmester, Hill, Sidener,
Carson, Holstrom, Snow,
Chisholm, Huleback, Spanieling,
Cook, Johnson, W.H.,Stigeman,
Dilley, Lenz, Thayer,
Doyle, Linnell, Thompson, ,
Emery, Morris, ' Torgerson—45.
Anderson, H., Domeules, Nelson,
Anderson, W., Dyar, Peterson, J. A., ;
Baker, Gotzian, Peterson, Ole,
Batchelder, Gregory, Randall,
Bean, Halgren, Eadley,
Boaidman, Hartley, Smith, J.,
Bobleter, Hicks, Smith, J., Jr., '
Boliland, Jacklin, Stahlman,
Capser, Johnson, M., Strong, <
Child, E. A., Lydiard, Swenson,
Cole, MeKusick, Turrell <i
Collins, Merriam, Van Dyke,
Cornish, Miller, Way,
Crawford, Moore, Wells,
Cullen, Morse, White— 47.
Daniels, ' Mortenson,
Barker, McNamara, Plummer,
Child, J. E., Parker, Porter,
Grey, Paulson, Sabin,
Mr. Speaker—10.
Before the announcement of the vote Mr.
Thayer changed from the affirmative to the
negative, evidently for the purpose of be
ing in a position to move a reconsidera
tion in the interest of the measure, but Mr.
Hicks checked the move by a motion to re
consider, for the purpose, as he said, of
killing the bill.
Mr. Rahilly appealed to the house to
prevent the action contemplated, but on a
division the vote stood, yeas 36, nays 41,
and so the bill was dead.
Routine Report.
House met at 9 a. m., Speaker Fletcher
presiding. Devotional exercises by Rev.
Dr. Dana.
Leave of absence was granted Mr. Bar
ker, of Isanti, on account of sickness in ,
his family.
Petitions were presented from a portion
of the electors of tho town of Egglin, and
from all the electors of the towns of Grove
Prairie, Highland Grove and Collins, to
have the same detached from Clay county !
and attached to Becker county.
Upon motion of Mr. 3. E. Child, house '
files 155 and 156, (the Baker railroad
□in; miruuuceu Dy nimsen ana Jar.
M. Johnson, were withdrawn from the com
mittee of the whole and indefinitely post
poned the bill introduced by him yesterday
taking their place.
Upon motion of Mr. J. E. Child, all the
prohibition petitions in the hands of the
temperance committee, were ordered
turned over to Rev. Mr. Chaffee, chairman
of the T. A. C. (agitation) committee.
Setting aside certain territory for incor
poration as Elysian.
Authorizing district courts to incorporate
Amending section IS, chapter 125, relat
ing to incorporated villages.
Authorizing guardians to mortgage the
real estate of their wards.
Mr. Rahilly moved his usury bill be tak
en from the table and placed on the cal
endar for third reading, and the motion
was adopted, 41 to 32, and thus the gentle
man from Wabashaw has made good his
word that he would get the opponents of
the bill before he got through.
By the Committee on Incorporation—
To provide for the organization of villages
and defining their powers.
By the Finance Committee—Appropri
ating money for the general expenses of
the state.
By Mr. Merriam—Memorial to congress
for authority to bridge the Mississippi
river at St. Paul. Passed under suspension
of the rules.
By the Committee on —Appro-
priating $1,480 to George Bowlan for in
juries received in the construction of the
state capitol.
By the Committee on Claims—Appro
priating $6,000 for the relief of Mrs. Anna
F. Bazille.
By Mr. Miller—Relating to cattle run
ning at large in Hennepin county. Passed
under suspension of the rules.
By James Smith, Jr.—Legalizing the
plats, surveys etc., of the village of White
By Mr. Hartley—Amending the act re
lating to the National Guard.
By Mr. MeKusick— the act
incorporating Rush City. Passed under
suspension of the rules.
By Mr. Brown —Amending the laws of
1881, relating to tax sales.
By Mr. Wells—Authorizing the town of
Logan, Grant county, to issue $2,000 in
bonds. Passed under suspension of the
By Mr. J. A. Peterson— amend the
act relating to elections in cities of over
12,000 inhabitants in 1875. Passed under
suspension of the rules.
By Mr. Baarnaas —Appropriating
$1,500 for a bridge across Root river, in
the town of Pilot Mound, Houston county.
By Mr. Cornish —Amending the charter
of the city of St. Paul, relating to the fire
department. Passed under suspension of
the rules.
By Mr. Cornish—Allowing municipali
ties to hold real estate in trust.
By. Mr. Cornish— amend the special
laws of 1881, relating to official publica
By Mr. HicksAmending tho act creat
ing the municipal court of the city of
Minneapolis. Passed under suspension of
the rules.
By Mr. Cullen—To amend and consoli
date the several acts relating to the board
of education in the city of St. Paul. Passed
under suspension of the rules.
By Mr. Doyle — Amending' the statutes
of 1878 relating to relief of the poor.
Passed under suspension of the rules.
By Mr. —Amending the statutes
of 1878 relating to the fees of county
treasurers for collecting money on state
By Mr. M. —Making th'. poor of
Kandiyohi county a town charge. Passed
under suspension of the rules.
By Mr. Thompson — Amending statutes
of 1878 relating to void tax sales.
By Mr. —Amending the statutes of
1878 relating to notaries public.
By Mr. Gregory —Relating to grand i.nd
petit jurors.
By Mr. —Relating to the incorpor
ation of the village of St. Vincent. Passed
trader suspension of the rules.
Amending the special laws of 1876, ro
lating to laying out and establishing roads
in Ramsey county.
Authorizing Kittson county to issue,
Creating a municipal court in the city
of Moorhead.
Recess until 2:30 p. m.
Upon asssembling at 2:30 for the after
noon session the house at once proceeded
with the third reading of house bills as fol
Amending the act incorporating the vil
lage of Warren.
Authorizing Marshall county to issue
Relating to chastity, morality and de
For the relief of Hans Gunraldson.
Repealing the act incorporating the vil
lage of Elysian, Le Sueur county.
Appropriating $7,500 for the construc
tion of a bridge across the Mississippi
river at Brainerd.
Appropriating $500 for a bridge across
the Des Moines river, Murray county.
Appropriating $1,000 for a road and
bridge in Wadena county.
Appropriating $500 for a bridge in Kan
diyohi county.
Appropriating $500 for a bridge in Mille
Lacs county.
Appropriating $2,500 for a bridge in
Stearns county.
Appropriating $300 for a bridge in
Douglas county.
Appropriating $500 for a brigde in Todd
Appropriating $200 for a bridge in Trav
erse county.
Appropriating $400 for a bridge in Mur
ray county.
Appropriating $200 for a bridge in Lac
qui Parle county.
Appropriating $350 for a bridge in Nor
man county.
Appropriating $350 for a bridge in Nor
man county.
Appropriating $500 for a bridge in Chip
pewa county.
Appropriating $400 for a bridge in Mor
rison county.
Appropriating $700 for a bridge in Beck
er county.
Appropriating $600 for a bridge in Mc-
Leod eouny.
Appropriating $600 for a bridge in Wa
dena county.
Appropriating $2,000 for a bridge in Ot
ter Tail county.
Authorizing lowering the water in Lake
Reno, Pope county.
To regulate the operation and business
of telegraph lines.
Authorizing the city of Stillwater to is
sue $38,000 in bonds.
Relating to summons in justices' courts.
For the taxation of certain railroad
Reducing the rate of interest from 10 to
8 per cent.
Amending the charter of the village of
Authorizing lowering the outlet of Dead
lake, Otter Tail county.
Legalizing certain bonds issued by the
town of Logan, Grant county.
Creating an indpendent school district
in irruu* couuiy.
Authorizing the village of Little Falls,
Morrison county, to issue $5,000 bonds for
fire purposes. MSB
A mending the charter of the city of
Albert Lea.
Amending the charter of the city of
On motion of Mr. Hicks, the eleven
bridge bills on general orders for the day
were ordered on the calendar for a third
reading, and on motion of the same gentle
man the general orders for the day were
made the special order for 9 o'clock to
morrow (this) morning, but the vote was
reconsidered, and the house adjourned
until 9 a. m.
Shop-Lifters Arrested.
Police headquarters was the scene yes
terday afternoon of an exceedingly sad
case growing out of the arrest of a woman
named Mrs. Mary Burke, on the charge of
shop-lifting. She is a widow, and when
arrested she was accompanied by an only
daughter, a fair-haired girl of sixteen.
She was arrested at the store of Kahn
Bros., No. 169 East Seventh street, and the
circumstances go to show that for some
time past, shoplifting from stores has been
her regular business. When arrested, she
and her daughter were brought to city
hall, the scene being very affecting and
Upon being searched a bag was found
under her outside clothing, concealed
within which were two pieces of dress
goods valued at $12, a piece of silk, several
pairs of stockings and a 'number of but
It was ascertained that she resided near
the Harvester works and Detective Bresset'
and Officer Cook were sent out to search
the premises.
♦That wonderful catholicon known as Mrs.
Lydia E. Pinklam's Vegetable Compound has
given the lady a world-wide reputation for doing
good. It is like a living spring to the vital con
stitution. Her Blood Purifier will do more to
cleanse the channels of the circulation and puri
fy the life of the body than all the sanitary de
vices of the Board of Health.
Municipal Court.
IBefore Judge Burr.]
Geo. Brown, drunk and disorderly; com
mitted for ten days.
E. Keilberg, vagrancy; committed for
ninety days.
S. Borakinra, same; committed for fif
teen days.
Matt Egan, criminal carelessness.
. Monroe, Mich., Sept. 25, 1875.
Sibs—I have been taking Hop Bitters for in
flammation of kidneys J and bladder. It has
done for me what four doctors failed to do. The
effect of Hop Bitters seemed like magic to me.
W. L. Cabteb.
Silvfb Creek, H. Y., Feb. 6, 1880.
A History of the Case— Provisions of
the Will—The Arguments of Counsel
.Statement of the Case of the Petitioner.
Yesterday morning it was stated in tho
Globe, that Mrs. Washburn, the widow of
the late Cadwallader C. Washburn, had
made application in the probate court of
Hennepin county, to have that portion of
the real estate left by her husband in Min
nesota set off to her;, that the executors
had obtained from the supreme court a
writ of prohibition against the probate
judge acting in the matter for
want of jurisdiction, and that a motion
had been made in the "supreme court to
quash the writ of prohibition, and that
motion was to be argued at l'clock yester
day morning.
The case is full of inlerjet and the fol
lowing is as brief and as comprehensive a
statement of it a- can well be given. On
the 31st of December, 1881, Mr. Washburn
made his will, and on the '14th day of May,
1882, he died, being then a citizen and
resident of Wisconsin. In his will he pro
vided as follows:
Second — direct my executors to bear
constantly in mind the wants of my wife,
and to set aside, use and expend v, hat
ever monies may be necessary, consistent
ly with her condition, to provide for her
comfort and physical health, and I place
no limit upon the sums which they may
spend for the purpose indicated.
The deceased then declares his intention
to put all his flour mills in Minnepolis into
a corporation, but if his executors think
it undesirable for a while to do so they
need not. If they do not put the mills into
a corporation during the first five
years after his death, then he directs that
they dispose of two of them to the Fidelity
Insurance and Safe Deposit company of
Philadelphia. He also makes provisions
for the disposal of his property to his
daughter and to others.
On the 19th day of May, 1882, Gysberfc
Van Steenwyk, Charles Payson and
Charles J. Martin, who apply for this writ,
the executors named in the will, caused
the same to be presented for probate in
the county court of Lafayette county,Wis.,
and on or about the 5th day of July, 1882,
the will was duly probated by such court,
the parties above named appointed execu
tors, and qualified and entered upon their
duties. The will was also probated -Vug.
28, 1882, in the probate court in and for
the county of Hennepin, state of Minneso
ta, and the same persons were appointed
executors in that state, and entered upon
the discharge of their duties.
Mr. Washburn, at the time of his death,
owned real and personal prop
erty in Wisconsin and Minnesota
of the value of several hundred thousand
dollars in each of said states. The real
property in Minnesota was acquiied long
prior to the year 1870, and consisted in
great part of flouring mills in. the city of
Minneapolis of the capacity to manufac
ture about 5,000 barrels of flour per day,
and with the land on which the mills stand
is the identical property described as the
flouring mills in Minneapolis.
At the time of his death he had
been married mora than thirty
years and left surviving his widow,
Jeannette Washburn, and two married,
daughters, Jeannette Kelsey. and Fannie
Payson. The widow is sixty-two years of
age, and has been insane without a lucid
interval for more than twenty-five years,
and is incurable. After the death of Mr.
Washburn and on the 1st day of August,
1882, George K. Chase, of the city of New
York, was appointed by the county court
of La Crosse county, Wisconsin, and after
wards by the probate- court of Hennepin
county, Minnesota, the guardian of the
widow and duly qualified.
The laws of Wisconsin provide that in
case any provision is made for a woman
in the will of her husband, she shall elect
whether she will take this provision so
made or claim instead the provision made
for her by law; and that unless within one
year after the death of her husband she
elect to take the provision made by law,
she shall be deemed to have elected to
take the provision made by will
George K. Chase, as such guardian,
claims the right to elect for her, and to re
nounce all provisions made for her in said
will, and to take for her instead the pro
vision made by law, and has demanded
one-third of the personal property of the
deceased and her dower interests in the
land ritaaie in Wisconsin, and in audition
thereto an undivided one-third of all the
testator's real estate situate in the state
of Minnesota, and the possession thereof.
The executors insist that Chase, as such
guardian, has no right to so elect for the
widow; that the election is a personal
right, not transferable; and that if, for any
reason, it cannot be exercised by her, the
provisions of the will must
prevail. They also insist that
the widow cannot take under the will
and also take under the law of Minnesota
a one-third of the lands in fee, and that
neither she nor her guardians, so long as
she remains insane, can file a notice in the
probate court that she elects to take under
the provisions of law rather than under the
will. : ; v
The affidavit states that Chase, as guar
dian, further claims that, if he has not the
right to elect, the election can and will be
made by the court by virtue of its equity
jurisdiction, and that the court will decide
that the widow shall take against the will
rather than- under the provisions of the
The executors deny that the court has
any such power, and allege that whereas,
in this case, the widow is insane, and am
ple provision is made by the will for her
support and maintenance, and that the
testator has selected his personal friends
to execute the will, and placing no limit
upon the amount they may spend in pro
viding for her support, the court will not
interpose to defeat the intention of the
Mr. Chase; as guardian, sometimes
claims that the widow is entitled to one
third of the land in Minnesota in addition
to the provisions of the will, and that there
is no election to be made, but the execu
tors claim that she cannot take against
the will lands disposed of by it, and at the
same time take under its provisions. The
affidavit states that the executors believe
that if the claims of the guardian are sus
tained, it will entirely defeat the disposi
tion made by will of the property, and
prevent the executors from carrying out
the trust thereby created ; that it is
of the utmost importance for the
practical working of the flouring mills at
Minneapolis that the property should re
main in'act." I should not be divided into
conflicting titles or managed by conflicting
interests, and hey insist that it was the de
sign of the devisor, us appears by the will,
that the Mill property should be under ono
management and control and not divided,
into diverse interest?. .V>.• ■ ..'
The water power used in the Minneapo
lis mlils was held by Mr. Washburn under
j certain leases or grants from the Minne
apolis mill company, and the title is sub
• ject to certain conditions necessary to be
| kept and performed by the lessee or
grantee; but the guardian claims that the
I widow is entitled to one third of the water

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