7' • :) i tiili.'.r.
The tailroada were still Buffering from
the effects of the cold yesterday, notwith
standing ths cold was a good deal moder
Chicago, St. Paul and Omaha road,
clear and cold from St. Paul to Omaha,
with 10 degrees below. On tho northern
division from 5 to 18 below, all along. On
the ea^.t division the mercury showed 15
b< low at Merrillon, 30 at Baldwin, 29 at
. end 24 at Black River Falls.
Q a 1 i : i division cloudy and from
4 below. Snow on the whole
on, probably ■ about two
inches fell. On the St. Paul & Sioux City
ion from Sheldon to Sioux City,
clondy and Knowing. At LeMars and
Sioux City east of Sheldon, and on the
bern division, clear and frosty. St.
James 14 below, Mankato 10, Linear 3,
St. Paul 24, New Richmond 12, Cumber
land 18, Ashland 3.
Northern Pacific—clear and cold all
rid. Little Fails 42 beiow, Morris 20,
Brainerd 39, Sauk Center 35, Sterling 20.
Eargo 22, Valley City 40, Jamestown SO,
Crystal Springs 19.
Tne weather on the Si. Paul & Mani
toba road continues olear and cold, but
the trains are running on time.
Neither the LUtneie Central, Burlinaton, ;r
Bach Islmnd Hill Father the Prepoeed Si
[Ohicago Tribune, 6th.]
President Jamtia C. Clark and Traffle
Manager J. F. Tucker, of the Illinois Cen
tral; returned from Springfield yesterday
morning. A representative of the Tribune
called upon them to learn the facta re
garding the reports that the ordinance ro
oently introduced in ihn St. Paul common
council for the acquisition of depot
grounds anvi right of way in that city
was backed by the Illinois Central, ant'.
i oad intended te build a lino to
St Pan! either from Dubuque or from
or some other point on its Iowa
th officials disclaimed all knowledge
of sooh a scheme, and claimed to have first,
d of it through th'; newspaj
Sent Clark states emphatically that
line's Central has nothing to do with
me, and that his road has
in ilon to St.
Paul or anywhere else in ... weet.
-. Tucker says that, aa far .n.3 ha
nothing in tbe reports and
I know aow 11
it. Paul or<3 id no
tome local con.'.
whioh is working a scheme ef its ova.
General Manager Potter, of the Barling
ton, wis also seen regarding the matter
and disclaimed the report that bia com
pany was b e alleged soheme. He
he Burlington may sooner or i
Paul, but it has nothing to do
v.- ih ihci proposed iiue from Dubuque to
The question now arises: In whose in
terest is tho line recently surveyed from
Dubuque to St. Paul to be builtf It is the
general opinion that either ih-j Baiiington
or Illinois Central hid tho work done."
It may bo the work, however, of
some local company which exoeots to find
an outlet to the Burlington or Illinois Cen
tral to St. Paul from Dubuqe,or to sell out
t'n road or franchise to either one or the
■ r these roads. The Rook Island is
kely to be back of the echeme, as it
already has a lino to Minneapolis and St.
via. the»Barlington, Cedar Rapids &
Northern and iaiuneapolis & St.Louis; yet
it may desire to make a short cut to St.
.'.'•oo some point oq its Minneapi
A St. Louis line, and needs tho ground,
and right of way sought to be obtained by
th^ ordinance above referred to for that
Zlie HhUa Cut,
L'road offioials in St. Paul rec
intelii^eooa t v jai Commissioner Fink had
ordered a seduaion on east bound rail
frsitihi.? from the b^i-: of thirty to twenty
cents per 100 pounds for p-.riun bod
A report tr> thia effect was floating around
as a rormr ou Saturday, and yesterday it
was confirmed. It is supposed tha
action was taken by the commissioner on
account of the of cutting by
some cf ihe pool lii.ee. at:d it is also be
lieved an effort wili be made on the 10th,
at tho board meeting in New York, to re
store ihe old rates.
W. H. Dixon goes to Chicago to-day.
A. !S. Maxwell,ticket agent, oi Portland,
is in town.
The Northern Pacific train was five
hours lato yesterday.
Ma:quis do Mores was visiting tie rail
road oSi09s yesterday.
A tar'.ff rate ou the Manitoba and Ncrth
wastern is being prepared.
Bridgeman station, on tb6 St. Clair &
Hinckley lice, of the St. Paul & Manitoba
road / has baen ma5e a regular station.
H. H. Marshall has been appointed su
perintendent and traffic manager of the
Boston, Barre & Gardner Railroad com
Application.haa bean made at the Penn
sylvania sta:e department for a charter to
the Pittsburg & Allegheny Central Rail
way company; capital stock, $1,200,000,
Messrs. Muir, Hsnnaford and Fee, of
the Northern Paciflo road, left for Chicago
lust night to attend tho meeting of the
Trans continental association on the 0th
Mr. Boone, superintendent of motive
pever of the Chicago & Northwestern, is?
report.jj to have tendered his resignation
in order to accept a Bimilar position ou
ihe West Shore road.
A. B. Ltet having resigned his position
as general freight and passenger ogent of
the Grand Rapids & Indiana Railroad
company, C. E. Gill has been appointed
aoting general freight agent, and C. L.
Lockwood acting general passenger agent.
Chicago Tribune, Jan. 6: Commissioner
Pierson, of the eastern passenger pool, has
not jet answerad the joint dispatch of
General Passenger Agent Charlton, of the
Alton, and General Passenger Agent St.
John, of the Rook Island, regarding their
proposition to pay agreed maximum eom
inissioiis in eastern territory on business to
western points if the sale of tickets over
their roads is restored by tho trunk lines.
The Alton and Rock Island intend to give
Mr. Piereon until to-morrow to answer
their proposition, and if they have not
heard from him then they will take it for
granted that he doe3 not iutend to mak6
peace with them, and they propose then
to open hostilities by making a reduction,
in passenger rates between Chicago and
Missouri river poiats.
TJis Dutiis of Common Carriers.
Cleveland, O., J-in. 7.—Iu the Buit of
. Sherman, Tesg.e & Co., ta eijoin the Lake
Shore road from discriminating in rates of
shipment,of oil, Judge Blandin to-da/
granted an injunction, saying the defend- !
ant as a common oarder is bound to serve '
the whole public alikf. Irregularity in
j rates tends to foster monopolies and dis-
I conraac-s investment of small fortunes iu
I industrial enterprise-a. Defendant will
j appeal. The dircriminatiaa iu rates al
leged waa in favor of the Ssandard Oil
The Canadian Pacific.
Ottawa, Ont., Jan. 7.—Marcus SmUb,
civil engineer of tho Port Moody and
Emory division of the Canadian Pacirio
railroad, states the track will be laid to the
Eraser river, seven miles
below Lytton, by the end cf the present
month. The traok will be continuous be
tween Lytton end Port Moody, about 140
miles from the crossing of the Fraser
river. The grading is nearly finished and
several bridges have been erected.
The force on duty at
present is reduced to the
tho minimum, a3 there have been heavy
rains sinci the 6nd of November, causing
some danger to the unfinished works, and
so saturating the ground that grading in
some place.? is impracticable. Chinamen,
who are principally employed, cannot
stand the cold, wee weather. Tho whole
works between Pt. Moody and Stvonas,
undertaken by the government will be
completed within the contract time, July,
The following extracts from special
orders, department of Dakota, explain
A f 6noral court martial is hereby ap
oointed to meet at Fort Keogh, M. T., at
10 o'clock a. at. on Tuesday, the 15th day
January, 1834 , or aa sooa thereafter bb
prsciicable, for the trial of such persons as
may be brought before it by authority
from these headquarters.
DETAIL FOS T2« COU2T.
1. Lieutenant Colonel M. A. Cochran,
2. Major James S. Bdsbin, 2d Cavalry.
3. Major Simon Snyder, 5th I*fa; try.
4. Captaia James S. Casey, 5Sh Infant
5. Captain Samuel Ovenshine, 5th In
G. Captain Robert McDonald, 5th In
7. l«t Lieutenant Edward L. Randall.
5 th Iafsnlry.
8. 1st Lieutenant JamsaE. Allison, 2d
9. lit Lieutenant Charles E. Hargoas,
10. 21 Lienteaant Hunter Liggett, 5th
11. 2d Lieutenant Edward S. Avis, 5
12. 2d Lieatenant Frederick Perkins, 5th
: i ry.
1st Lieutenant JohnC. F. Tilison, 5;h
Iafantry, Judge Advocate.
A general court-martial is hovehy ap
d to viioefc at Fort Sully, D. T., at 10
o'clock a. m, on Tuesday, the 15th day of
January, 1884, or as soon thereafter es
piaotk-uble for the trial of such parsons as
may bo brought before it by authority
from these headquarters.
DATAIL FOB THE O0TJBT.
1. Major David Krauss, 11th Infantry.
2. Captain Charles A. Wikoff, 11th In
3. Ciptain Mason Jackson, 11th Infan
4. Captain Ira Qainby, 11th Infan
5. 1st Lieu tea art David B. Taylor,
6 21 Lieutenant Pierce M. B. Travis,
7. 21 Lieutenant Banjamin F. Hmd
fortb, 11th Infaotry.
8. 2d Lieutenant Jonas A. Emory, 11th
D. 2d Lieutenant Richard M. Blatoh
for J, 11th infantry.
1st Lieutenant George G-. Lott, 11th
Infantry, Judge Advocate.
St. Panl l'ublic Library.
The regular meeting for January was
held last evening at which President Ram
sey and directors, Otis, Robertson, Carver,
Upham, O'Brien, Wright, Pond and Aucr
The library committee reported a li=t of
ie the last meeting.
The bni;: ittee reported b di
tional insurance for ths present year en
g to 5
p. m.," and to make 11 ar of
tho boarj to end with the list day of Feb
Ti;e librarian's report for November
and December was as follows:
Books issued for horno us:, history and
Voyages i.rd iiavals 449
Science and arts 258
Poetry u.ud drama 205
Fiction and juveniles 7,748
For use in reading rooe. on week days... 569
For use in reading room on Sundays GG
For use in reading room on Thanksgiving. 11
Avsrago number of Sunday visitors 89
Visitors on Thanksgiving 48
Book borrowers registered, males 1 £9
Boo 1: borrowors registered, females 137
Previously reported 2,G96
Rocoivei from delinquents §84 56
Race- ved for ioat and damaged books 7 85
Donation from John J. Knox. Report
of the comptroller of the currenoy, 1883.
A valuable donation of 105 volumes was
receivad from Rev. Wm. C. Gannett, and
the seoretary was directed to acknowledge
the same by special letter.
The following is the comparative
showing of the number of pieces or mail
handled and errors made by the employes
of tbe railway mail service in the Sixth
division and the mailing division of the
St. Paul pestofnee:
Employes cf railroad mail service—
Number of employes, 788; total'nnmber
of pieces of mail handled, 793,059,330;
u-umber cf pieces handled by each
employe, 1,006,420; errors made
in idistribution, 191,313; nnm
ber of pieces of mail handled for each er
ror made, 4,145.
St. Paul office—Nnmber of employes, 10:
total number of pieces of mail handled,
15,354,198; number of pieces handled by
| each em I love, 1,535,419; errors made in
dist.ributiori* l3,827; number of pieces of
mail handled for each error made, 4,012.
Difference in favor of the St. Paul office
—Number cf pieces of mail handled by
each employe, 528,999; number of pieces
of maii handled for each error made, 133.
Impaneling of the Grand Jury.
Jadi?^ V.'iikin will open the January
term of the district conrt, at 10 o'clock
this morning, to impanel a grand jury to
sit on the new criminal oases en the cal
endar in eearch of indictments, who will
bo pworn in by Clerk Bell, and charged by
the judge, after having been seleoted from
the following, who have been served with
summons by $heriff O'Gorraan and his
James H.,Wood, Ibsie-i H. Ikon,
Terrenco Kpnnoy, J. L. Forepaugh.
Wm. Lindeke, J. Q. Freeman,
Geo. E. Skinner, Gustav Willius,
E. A. Weller, Claronce M. McLain,
D. R. Noyes, Jr., Waiter Mann,
J.K.King, Thos. Crosby,
Herman Grove. JohuJ. Lemon,
Charles Hause, John B. Cook,
Geo. R. Finch, Lou H. Haxfield,
Mark Costello, L. D. Hodge.
TRS ST. PAUL DAILY GLOBE, TUESDAY MORNING, JANUARY 8, 1884
U. S. Circuit Court.
[Before Judge Nelson. ]
Ann and Wm. Main vg. Gee. and Anna
Giles: leave granted to file supplemental
n C«ses No. 263, 243, 201, 230.258 and 247:
At yesterday's session of the supreme
court all the justices except Chief Justice
Giiillan were present, and the following
business was transacted:
Wm. ti. Earlcn, rospendent, vs. the St.
Paul,, Minneapolis and Manitoba Railroad
company, appellant; submitted on briefs,
with no appearance on the part of respond
Adjourned to to-day at 9:30 a. m.
Samuel O. Kipp, appellant, vs. P6ter J.
Syllabus—The rule that a cause of ac
tion once barred by the statute of limita
tions is not revived by the repeal of the
statute, is founded upon the principle that
a person cannot be divested of his vested
rights of property by anere legislative en
actment. Henoe, it only appears where
the statute entirely relinqcisbes tho right
and vests perfect title in the adverse hold
er, and not to statutes which merely bar
certain remedies or forms of action, but
leavo tho rights of property unaffected
and capable of being tested in ether forms
General statutes 18G6, chapter 11, sec
tion 154, held (fol'ccing other decisions
of this court canssitatiDg similar statutes)
to belong to the latser class. Hence its
repeal by general la*s 1874, chapter 1,
section 168 revived the right to bring any
action to test the validity of a preceding
order said chapter 11, although the three
years had inn before the statute was re
Tho bar of this statate is not a "right"
within the meaning of the proving clause
in the repealing alaisir, Fcr the same
rsason it was not revived by general statute
1378, chapter 11, section 120.
Instructions by tho state auditor to a
coanty auditor regarding tha sale of
"forfeited lands" (general statutes 1866,
chapter 11, section 137) aro sufficient,
alshoagh consisting wholly of printed cir
cular transmitted by mail.
Judgment reversed end new trisl or
d red. Mitohbix, J.
Patrick Mullvehill respondent vs. Joseph
VV. Bates, appellant.
Syllabus—The owner of an "expr&ss
•t'i^u::" employed a servant to drive it
nod eatrasted it to him generally, to bo
u-:ed at his discretion ia doing ecch busi
ness as ho, the servant, could secure in the
way or' employment for the vvigon.
While thus enspiojed, the servant L
■ trunk, on his return got ;'.'
of poles for himseif," and while taking
them home negligently drove over «,nd
-.njarei the plaintiff's child.
Held, that tho n.asler was Liable.
. Judgment affirmed. Milcusli:, J.
In the matter cf paving Seventh street,
from Jack?on street to Loou6^ street,
State of Minnesota, ex rel. the St. Paul
City Railway Company, relator, vs. the
district court of tho county of Ramsey.
Syllabus—A portion of ihe track of the
St. Paul City Railway company ia a pub
lio street is not real estate within the
meaning of section 3, title 1, sub-chapter
7 of the city charter (ch. 1, special laws
1874), and therefore not assessable for the
expense of paying. The judgment of ihe
district court is reversed and vacated.
| Before Judge Wilkin.]
Stato o" ilinnsso-:a vs. Brown and
Hraon; motion for a now trial denied;
stay of proceedings granted for ton days
Stato of Minnesota vs. Wm. McDonald;
sentenced to thirty da;s tot'n9St. Paul
workhouse for attack v.ith a dangerous
[Before Judge Briii. 1
Jos^i;; Dascomb vs. John Daseomr;
1 rotate Court.
[Before Judge McGrorty.J
E.;cate of Wm. L. Minizer, contested
claims on hearing.
[Before .Jud^ Burr.]
W. Hirst, drunkenness; iiii6 of §5 p-iid.
M. Banke, same; committed for five
J.Gorman, same; Bentenca suspended.
W. Dftly, drunk and disorderly; commit
ted for ten dajfs.
F. Kloin, larceny; continued until the
"A MOUNTAIN PINK."
Successful Kenedition of trio New Bomaa
fio Drama at the Grand East Evening.
Tbe feeling which poseessed one at the
closo of tko performance of CiA. Mountain
Pink," at the Grand last night, was one, of
ugveeable surprise and disappointment.
The pleaeure on witnessing the play
was two fold in character, first as to the
drama itself and again aa *o the very ad
mirable manner in which t ia enacted.
The audience was Bet as1. * o a3 it Bhould
have been, for a more ente-L ining drama
eud artistic performance, * the whole,
has not been seen in St. t ''for a long
time. The plot posaesses ali^the charm
and frashness of novelty, the" dramatists,
Messrs. Barron and Bates, having discov
ered a rich and fertile field
from which to draw treasures
ef dramatic wealth and lere. The scene
!s laid ia ths mountains of North Carolina
at a time when the moonshiner outlaws
were exercising such terrible dominion in
this section of the south, and the situations
are all natural. The merits of the drama
are not Besn in the first nor in' the second
acts, and herein lies the real oharm, the
action steadily advancing in interest
until th8 denouement ie reached.
This comes in the fifth act which unfolds a
particularly strong and legitimate climax,
to whioh the situations in the preceding
acts are made subsidiary.
Of the aoting too much praise cannot
bo accorded Miss Dainty. She is petite
and pretty, end what is more to tho pur
pose she acts the role to perfection. She is
a veritable wild flower; sweet, fragrant,
natural and winning. Hsr dia
ifcet is exceedingly veil
adapted to the role, in the acting of which
she is consistent throughout. There is a
thread of good comedy shimmerirg
through tho play, but after all the interest
centers on Miss Dainty as Sincerity Weefes.
The other notable ohar%eters are well
taken by Frank E. Aiken, Henry Hawk,
Mr. F. R. Pierce, Mr. Holland, Miss
Rogers, Miss Sedgwick and Mis3 Loar.
The play will be repeated to-night.
St. Pauls Chess and Checker Players.
The third tourney of the St. Panl Chess
and Checker club will be held at their
ro jms 190 Eaet Seventh etreet, at 8 o'clock
to-morrow evening, There wili be an ex
citing struggle for the victory. The greens
so far have the advantage, scoring oleven
games to whites nine. Whites say they
will outgeneral the greens to-morrow even-
ing and make them laugh with dismay. I
Next week, on Wednesday evening, at the :
same hour, there will bt a tourney held, in
which many Sne checker plsjers are ex
pected to paiticipate. Ail interested in
these games are invited to attend.
HUBS ABB'S JOB Lo~.
Th« Governor's Ge-lixy rsr ISSi.VTh'cb. In-
Clndea His Di*tiusuish«d Democratic
Champion in tho Lut* Canpiti&u.
In keeping with the provisions of the
new constitutional amendment that alt
term3 of officers appoicted by the chief
exec-stive of ths 3tate, shill expire on the
first Monday of Jsnuary of the year in
which their term may end, eiiher for one,
two, three or five yesrs,Gov. L. F.Habbard
made the following appointments after
taking his oath of office y&«terday:
Public Examiner—Henry M. Knox.
Adjutant General—C. M. McCarthy.
Military Storekeeper— Joseph Burger.
Rsgents of the University of Minnesota
—John S. Pillebary, of Minneapolis, and
Knute Nelson, of Alexandria.
Members cf the State Board of Correc
tions and Charities—ii. M. C. G. Dana, ot
St. Paul, and C. Ii. Berry, of Winona.
Member of Board of Directors of the
Deaf, Dumb Gnd Blind Asjlam—E. A.
Wilson, of Faribault.
Member of the Board of Managers of the
State lieform School—C. H. Pettitt, of
Members of the board of trustees of the
hospital for tae insane—H. B. Strait, of
Shakof ee. Burr Duti, of Quincy, and A.
Barfco, of Sauk Center.
Iaspector of ih-3 &f aio prigon—John F.
Korriah, of Hasti^c?.
Members of ths state board of health—
D. W. Hand, of St. Paul; C. N. Hewstt, of
Red Wing; v. Smith, of Dalath; O. Gris
wold, of Vase; E. I. Davis, of MankaJo.
Members of the siete board of equiliza
*ioa---First distriat, F. S. Christenseu, of
Rush City; Third, Jem*s G. Lawrence, of
Wabashaw; Fifth, Z. B Page, of Mantor
ville; Seventh, James Csmpton, of Ferjns
Falls; Ninth, Was. Rich, of Marshall;
Eievsath, Hugh Thompson, cf Fischer.
Fi»a Commissioners—It. O. Buceaey, of
St. Pan'; D. Cameron, of L*Cr»&ent; af.
W. Sweeney, of Rsd Wing.
Inspectors of Beilers—M. W. Glenn, of
Minneapolis: Charles F. Yeager, of St.
Paul; Davi* Bwaim.of Stillwater,
Board of Auditors of Stats Agricultural
Society—If. P. Clark, of St. Cloud; John
Byei'3, of Hastings; L, Cowdieg, of
Th&rs are quif6 a number of offi sea '. z
the gift of the; governor which do not ex
»ire until i mary.
Of the more it appointments
made as ab state examiner
la for three yean ■ . of the adjatani
general :>r two years.
A- \>r;»eioa:5 Record or ih« Disposition of
tire Stammers Tssterdwr-
Aod in these days there came iaio the
Baintiy c;ty of Bt Pan], in which notio but
tha ciscr of eye dwelt, a measlsy ▼r^rsr.i
yclept Kiein, surnamed Francis, who bxd
traveled afoot, tho walking at this lima
being smooth and easy, from the camp cf
the wioked Minneapolites, which laj three
leagues and a furlong np the river, whioh
is called tho Father of Waters.
Now this Kl6in was young in years, but
he had a bad eye and a handy way of nsing
his fingers, And when he h«d oome into
the city he paused in front of a store where
they sold hand-me-downs, and his 6ye,
which was a sinster eya, espied hanging at
the portcullus a great ooai whioh was long
and hairy like unto the skin of the songs
tress of the wilderness, the wild sat.
And he marvelled unto himself and
said: "With thiaooat will I raise astaka;
I will take it unto mine unols and im
pound it, and th§ heart of mine ancle will
be made to rejoice ai the way he will
como it over me. Seiah." And saying
this he seized the coat of many skins, ana
was sbout to skin oat when lo, a.watchful
copper laid hands upon him end run him
to prison. And on the third day he was
biocght into th.8 iempio for judgm-jii',
and the ruler of the temple was a mr.s: of
stp.r:: brow and one who was liksd for the
justness of his rulings. According!^ bo
the la-v decreed in such cases he was about
to paes judgment upon the thief, when
thera cama into the temple a Mianecpo
lite, who ia called a 'fly copp&r,"
and he disposed unto tbe judge that this
man was wanted in his own city for com
mitiiog many onmos, liko unio tks one
foi which he was yanked In. Then a coun
sel of war was held and it was agreed that
he should be taken in shackelsto the city
from whence he came. Axd ha departed
slowly for ho Tyjis not happy. Thus sndeih
the first chapter.
And on this day whioh was Mondav,
there was brought into the temple two
buma who had b«come paralyzed from
looking on the wine when it was red, and
being old timsrs they were pronounced
guilty and the judgment was that ih*y
should be given a bath and have their
heads shaved, and suile? shime for five and
ten days each in the bastile.
Also on this day came other sinners but
they were net tough men and they paid in
silver five shtckels each. And it was a
cold day and the hot scotch and Thomas
Jeremiah flourished exceedingly. Here
endeth ths kssor.
The Piro Yesterday Morning:.
A. P. Waliich's grocery store, on the
southwest corner of Sixih and Wabashaw
streets, took fire from a stovepipe care
lessly running into a chimney iu the cen
ter of the same, at 11:80 a. m. yesterday,
whioh brought the forte promptly out.
Although several steamers were put in
position at the hydrants, but one of them
aud the chemical were needed to quo-
the flames in short order, though the hitter
crawled up between partitions through the
roof and burned one or two holes
through the Sixth street front.
The structure is a two story tumble down
wood, and the rooms above the store were
unoccupied, being apartments "to let."
The damage was about $150, all told, there
being $3,000 insurance on the building,
which was owned by M. Doran, and $1,500
on the stock of goods. This is the fourth
time this structure has been on fire and
called out the fir6 department within sev
eral months, it being a regular old nui
sance of a fire trap.
ilo3rd of Trade.
There was a regular monthly meeting
of tho bosrd of trade directors yesterday
morning, but there Was no business trans
acted of public interest except that it was
agreed that the secretary should prepare
for publication in pamphlet form a report
of the board's transactions for the year
1883, with tabulated accounts of prices at
each day's call; a statement of the receipts
and shipments of produce, cattle, etc., for
the year, and any other matters connected
with trade which may be of interest and
Board ef Public Works.
At yesterday afternoon's session all the
m imbers were present except Mr. Presi
dent, Rnd the following business was traiu
The assessment for grading Third street,
from Broadway to Kittson street w?s com
pleted, and the clerk ordered to give con
Sidewalk estimate No. 6 was oonfirmed.
Correc^pns were ordered .as to the prop-
erty of Timberlske & Hager in the assess
ment for grading Portland avenue, from
Western avenue to Dale street.
- The clerk was ordered to give notice of
the Eaton etreet and Herman street op-jii
The assessment of Jacob Peterson for
sidewalk on Pleasant avenue was abated to
the amount cf $1.34.
Adjourned to 2 p. m. to-day.
THE COURT HOUSE.
Meeting of th« CotuHiissioters Yesterday—
IMecazslcn oa th« Now Plans.
An adjourned meeting of the new court
house commission, was held in the audi
tor's office yesterday afternoon. Major
O'Brien presided, and there were present
Messrs. Dawson, Day, Bigelow and Audi
Dr. Div addressed ths meeting, sajing
hat he uaierstood that the purchasers of
the old court house had carried away a
desk, a number, of benches and a
tot of stabs belonging to the county
treasurer. A di.-czssion ensued, tha up
i shot of which was that Mr. Grace, the su
perintendent of the work was instructed to
order the work of tearing down tha build
ing stopped until the property had been
A number of architects were present in
pursuance to cards cf invitation request
ing them to submit plans for the new
A commuaioation was received from D.
W. Millard, calling attention to the desira
bilily of tbe commission making up a
regular pregramnae by whioh competing
architects might make and submit' their
plans. The writer suggested that draw
iags might be made on one aoile, the mer
its to be decided by a disinterested expert,
Tha writer intimated that plans had al
ready been submitted in an irregular
manner, which statement was refuted as
untrue by the anditor.
A letter from the s&mo party to Hon.
Win. Darton was read, being of ihe aama
tenor, only more vigorous is tone. Placed
Mr. Dawson explaiaad to the architects
>hat tba teilding was to cosi not less than
$3«0.003,and that as yet tho commission
a*d no saaturs ide3 of the style of the
Dr. D«y explained tho methods of
the foro.»r court honse commission, the
plaaa msjls at that time, twelve years ago,
beiaj- still extant, and a3 to the number of
ro-ri;o3 wanted, the division of space, etc.,
: his might be learned from the old plans,
tire demanda at present biiing about ihr
s£-^>? ts at ihat time.
The chair said that Li-i idea wa
hav5 the architects submit
to bi vated after
These skstehea would' bo submitted
joint meeting of the court house eo
sion, evnety bcv.rd end city council, at
which ihe drawing or plan would be
Mr. Carpenter, of tfu firm of Cirpenter
and T?l?z, stated to the commission thai
he had brought just such sketches' as inti
mated and was ready to submit them.
Mr. _ Gilbert suggested iha id6a of ihe
commission having submitted.preliminary
surfaoa drawings, at a small premium,
from which were to bo selected the draw
ings to enter into final competition, A
general disoussion ensued, it being deci
ded to adjourn until Monday next at 10
o'clock in order to give all architects who
desire an opportunity to submit sketches.
A check for $50 was received from the
purchaser of the old court house.
liability of Ovinars of Express Wagens.
The supreme court made publio a de
cision yesterday in tha ease of Patrick
Malvehill, respondent, vs. Joseph W.
Bates, appellant, which will have consid
erable interest to owner3 of express
wagons, truoks and hacks, evon, as show
ing how far iaey aro liable for tho
acts of their drivers or those to whom th*y
rasv farm their vehicles out. One Eatl-
Drooks drove Mulvehill's wagon to pick uy
business on his own disor6*ion, and taking
a trunk ever to West St. Paul for a passen
ger, was bringing horns a load of
polfcs for his own Hse, when he ran over
Batec' boy. For this Bates sues the .
of tho wa^on rx-r damages, and oarri
to the higher court. The court
that the fact that at tbe time of the
dent that. Eetabrooks was cr^il.
poles is immaterial, ana that he was liable
to his master only for the price of the
cartage of ihese poles, and it was noi.e of
tho coart'o business whether he accounted
to him for it or not in tho case. There
was an absence in ths caeo of a specific
order of the master as to what ho should
convey in tke wagon, and what ho was
carrying v»as within tho scope of the pur
pose for which the wn;*ou was entrusted
to him, E*tabrooks, and therefore Mulve
hill was liable for his aets. Had there
Uon specific charges aa to what he should
carry, and h» had been disobeying them at
tha time of the accident, then Mnlvehili
would not have been liable in the premises.
The point sought to be made in tho case
that tbe boy injured was culpably negli
gent ihe court held was not established.
An Entsrprlslue Livery Blan.
We take pleasure in oalling attention to
the advertisement of our enterprising liv
ery man, Mr. K. p. Cuiien. We are glad to
see there is one livery man among us who
realizes that he ia doing business in a city,
and not in a oouatry town. It will pay
any lover of tho horse to call on Mr.
Cuiien and inspect his stock. Ths eareiul
attention naid to the horses under bis
charge, the quie^manner in which all de
partments are conducted, speak volumes
tor his liberality and good management.
For Coughs and Colds take Allen's Cough Bal
sam. - genuine bears the signature of J. P.
*. , e D, druggist, 3t. Paul, Minn.
The Methodi3iB nave procured a violin
to load their choir.
Slespiag cars are now in csa en the
division of the C, M. & St. P. railway be
tween Wells and Sioux Falls.
On Tueeday evening. Jan. 10, Harvey's
"Hidden Hand" company will appear
in their full costumes at Hall's Opera
The county commitsioners came to the
conclusion to allow Mr. Lovely the eum of
$1,000 for bis able defense in the behalf of
the county relative to the case of the court
Mr. Gilrup, the new register of deeds,
comeB to the city in the morning and in
the evening returns to Gienviile. He
moves his family to this place in the
spring. Mr. Gilrup has lived here before
and his many frionds welcome him back.
Frederick Turrell, of Mansfield, last week
for the sum of $100 bought a full blood
short horn of L. V. Spicer. The calf was
five and a half months old and weighed
650 pounds, and its dam weighs L800.
Mr. Spicer keeps a fine selection of short
It is said that the governor tendered the
position of adjutant general to F. J.
Sheehan, but that the colonel declined ths
proffered appointment. On last Wednes
day Col. Sheehan retired from office. He
held the offloe of deputy sheriff two terms,
that of sheriff six terms, making in all
sixteen sonsecativo years of sheriff life.
Mr. Sheehan, during his time, has made :
for himself a great many friends.
oor lomwEsiEBi mmm.
Efews Gleanings avA P«!ntf Speciaallj
Collected and Forward? bj Tele
graph to the Daily Globe.
[Fsrgo Special Telegrams, Jan. 7 to the St.
Paul Globe. |
Dakota and Msntat-a Notes.
Rev. Turner, of Bathgate, had the mis
fortune to frsez;- his feet in the recent
A. T. Pccharol ieft Bismarck a day or
two since to establish a paptr at Little
Missouri, where a liberal bonus is p'tdgsd.
In Tr«ill eoaniy G. L. Mason has secur
ed a Sue stream of iljwing water, thrown
twenty feet abovs the surface. It is
said that anywhere in that county such
wells can be had at a cost of about $250.
An effort to sscure :ue appearance of the
Valley City Thespian troupe in Fargo is
likely to prove successful. It will be quite
a feathtr in their caps if a reral amtteur
dramatic club can satisfy a critical Fargo
The Pembina EotpreM leaves some doakl
as to which may be ths juvenile shsep in
this: The Manitoba and the Fargo South
ern have settled their differences. The
lion and the lam* have laid down together,
in which ctso we hope tho lien did not
manage to get outside of tho lamb.
Parties who come to Dakota in the win
ter oa tke strength of tho glowing deserip
tful weather, will tiua a
good de»l cf elesr, bright weather, but
will perhaps be disappointed ia the amount
of frigidity in the atmosphere. They will
iind tbe weather very oo!d, but net speci
ally unacmfoitablo fcr those who are pre
pared foi it.
Jamestown seems to have struck the
lowest temperature in Dakota —4S below
in the morning and 42 at noon. Any re
perts that oarpenters worked oat doors in
teeir shirt sleeves at thai time maybe dis
counted for historical purposes. The
Alert relates that tho notorious "old set
tler," who can bout Eii Perkins in the do
main of fiction, as he mot newcomers on
the street who insisted thai ■' was
If es a Btu.ni
kota has thirty banks with i
more banks than either of J
ates of Vii hprado, Marjl md,
Missouri, . Delaware,
North Carolina, South Carolina, West Vir
ginia, Alabama, Oregon, Aarkansas, Mis
sissippi, Florida, Nevada, or any c
other territories, and more bank capital
than any state in the aboi . named
after South Carolina, and more than any
one other of tho territories. She has a
greater population than th Col
orado, Delaware, Oregon, or any of the
IMPORTANT IlECISK >N.
Tho Supreme Court Decides an Import
ant Mining CJfee Involving; a Consider*
blo Amount, Growing out of a Mexican
Washington, D. C, Jan. 7.—Th*
supreme oourt rendered an interest
ing dseision to-day, in two oases involving
the ssms questions, enitled Frederick T\
Frelinghuy«en, secretary of Btate,
plaintiff in error, against the United
Skates, ex re!., John J. Key,
Cnitad States, ex rel., La Abra Silver Min
ing company against Frederick T. Fre
linghuysen, secretary of state, iu error.
The eopi eme court of tho District of Col
umbia. These wer< suits brought to obtain
.*. to pay the relators the
ie by tho international
commis der a
i meats ■ of
day of July, 1868. The refusal of U
retary of state to pay the claimant
amount of the sixth installment received
m government and nomi
nally dne them uader the awards commis
sion, was based upon the fact that after
President Arthur came into office ho made
a further examination of the oases, an*!,
believing the awards to have been oh-;
FEAUD AND PEBJTJEY,"
he negotiated a treaty with Mexico, pro
viding for a rehearing, whioh is now pend
ing in ihe senate, and direciod that the
payment of the Bixth installment bo withf
held. In the court below the petition of
La Abra company was dismissed, but in
tho cts3 of John J. Key ihe writ of manda
mus was awarded. This the eoart in a long
and elaborate opinion by Chief Justice
Waite, holds that the whole purpose of the
treaty between the United States and Mex
ico was to ascertain how mush was diue
from the one government to the other en
account of the demands of their respec
tive citizens, and a* between ths United
Stttes and Mexico the awards were Saai
and oonolusive until set aside by the agree
ment between the two governments or
osherwisii. Mexico cannot under the terms
of the tieaty rifuso to make the payments
at the time agreed on, if required by the
United State3, but this she does not now
9eek to do.
WHAT fHE SEEKS
is the consent of the United States to her
release from the liability under tha con
vention, on accoant of the particular
awards new in dispute, because of tho al
leged fraudulent character of the proof in
support of the claims which ihe United
States were induced by the claimants to
furnish for the consideration of tho com
mission. It ia the right of the United
States to treat with Mexico for a ro-triai
of these case3. Tho conrt entertains no
doubt that each government when it en
tered into; the compact under the re
wards made, relied en the honor and good
faith of the other for protection as
far as possible Bgainst fraud
ulent claims and impositions by individ
uals or olaimauts, and to prevent
such action by the citizens of a fraudulent
claim or false testimony for reference to
the commission, was an imposition on bis
own government, and if that governmens
afterward discovored it hs;l in this w?>y
been made the instrument; of wrong to
ward a friendly power, it would not oily
be its right, but its
DUTY TO BEPUDIATJS IT
and make reparation as far as possible
for the consequences of its govsrmental
neglect, if any there had been. Interni
tional arbitration must always proceed in
the highest principle of international
honor and the highest integrity. No
technical rules of pleading as applied in
the courts, ought ever to be allowed to
stand in the way of national
power to do what is right under
all circumstances. The first section in
act of 1878 authorizes and requires the
seoretary of state to receive the moneys
paid by Mexico, under the convention, and
distribute them among the several claim
ants, bat it manifests no disposition on
the part of congiess to encroajh on the
power of the president and senate to con
clude another treaty with Mexico, ;u re-
Bpect t , r.-j _- ,ven all o;
lowed bj tbe oommi on, il opin
ln8 op ; r _
iuli of • . . i n (he di3
erbtion cf ;■'.» president to withhol
further pay tbe -..-1
diplomatic negotiations between the two
governments on the subject are finally con
clndsd. The discretion or .
partment of the goTtruitnt cam
oontroiled bj|the judiciary, the I' it.d
States, when they assua^i |
iiy of presenting the claims ol
z-JES to Mexico tor payment,
EJiTBRSD INTO NO OOl
or obligations with the claimnm.- I
some their frauds and to c
account ail that by the imposition of fatee
testimony might beg the award of
the commissioners, H3 bet*•=£': t
States and claimsnti. The honesty of the
elaima are always open for inqi
purpose cf fair dealing with the govern
esuat againsi whic;j, through the United
States the claims had be-^u mad i.
course, express no opinion
ou the merits of the controversy
between Mexico and ;i<e relators.
All we decide is, it was within
tioa of tke president t-< negotiate Again
with Merico i;i respect the claims a
the governinenie are treati
involve*!, he may properly withold from
the relators their share- in the m
■ow ia the knnds of the secretary of state.
Judgment in case oi La il
affirmed with roets, aad th
ed, with instructions to dismiss th)
otats car aunra >t.\, coi
*•> —SB. In l'roiiate Court, up- 'uuarv
Ia Uie icetu-r ot the estate oi
Oa reeding ana Ittng
aid Aimiw Brady of ■•• .
among otiier VhiBg*, thr.t Patri< ; .
•oaaij, •□ th» 3d da/of Jan y A. .
Pawl, ia ee.id oomal r,
iniabiUiit of t::.;« i time or hi
l»aTi<!^- ( and
ty, aud ibi.t the ti-\ i \ -
r.u.l i-%:< r ;>f
IslraUon of said eclair fa
It is < ■ ■ ;
k*e judge cf this c«
»: J».'!\.«r>. s
the heirs of i • «
ested by pubij
hy in s i-ivi: a
Bheuld jrou fail I •
upon the evidence addu
McCarthy ti t
Given tuader a j hand .
iy A. l>. 1884.
E. H. WOO:-.
n TATE OF MINNJ
The State of Minnesota, t» B. !:.
You aro hen by -
f «re the rmderslgned, oi •
Peace iu and for said county, on the ftfth
February, 1884, al 10 o'cl i
office, at No, 8 \v. si Ihird itr< ■ In I
county, U> at:
Bhoold yon t'uiJ to
at •: esaid, judgment
upon ii • i by said ■)■■
fo m I
A. L>. 18 I.
Brown, pi ' Lift*,
in tee •
ment against yon .
id St. Paul, :,• .
I f^-ci8-hie-7w Plaintiff'? Attorney, St. Pun'
Mortgage Foreclosure Solo of
Notice i.T hi-rcby Rives, tlu.t by ronton of uon
payment, default has been made in the conditions
of a cfrteln mortgage contsini:
made by Orlando B. Tun ' .:.:!.': j.
Pearson, m •:;.- gee, and (i j*!^::'.-d by s'li-!
r*'irruiii to George ii. Kob< rts.
Kaiil mortgage i.- I h d;ij r,f May, A.
D. 1876 and was on the li^iii dnyol August, A. 1).
1876, at 12:16 o'clock p. m., duly recordi
lice ef the register <>£ deeds ot the com
sey »u the »tuT,«-of Minnesota, in bo :: I
gages at p«ko lf.K, etc. B
ths M (iay of July, A. 1). 18 •>, and n
duy of July, A. 1). 1883, >.: 1:25 o'clocS
duly rocorufci iu i: •
of said count}' of Iiam-ey in book II ol
ments at pa^e 84a.
The real estate embraced In, and conveyed by
sni<! n;«)r*gr.£,"j ir; i!o«cribed as follow-, to-wit: litu
ate in said county of Rarn=ey m
ta, ami being lots number seventeei [17 .
teen (18) ot block twenty-nine (29) in Ric
vine's addido > the recorded
plat Uierojf; toj.'otlur with ail of theh
and apparteoances thereto belonging, in auy
The amount which Is now n1
tkse c-uc and claimed to be das
the Fum of $.",71*.50, the
money of .said real ea .
attorney's fee . as stij ola d In
be paid. And whereas no suit i
has bet-:i had, or oommeru
or aijy jiart thereof, secure.! by .-aid I
N«Ooe, therefore, Is hereby that
3l8t Chj of January, A. D. IPS*,
ai the south front door of the county jail ! ■
uln the city of St. Paul i:i «».!.! count)
the above [escribed mortgaged real estat<
sold bj '!;•:• sheriff of said county at ;■:
.;-*te parcels to fori
the said mortgage 7.1U; interest
The separate paresis ■:
premi.es will aforesaid, -~:a described
.vs. to wit:
■Middle one-third of Baid lots I
Bherman street and extending in
•id twenty feet back from Sherman -
and across said lots 17 and 18.
Second—The southeasterly one-thii
. - a lot fronting
one bund] • i and twentj
ind acri •- -- d 18.
Third—The northwesterly one ddlots
17 and 18, and thus being a lot liffyi
fronting on Sherman stree'. and • itend
depth one hundred ucd twenty :"•
17 and 18, an i along the line oi
Dated December 18th, 188:t.
GEOKGE H. EOBEBT8,
Assignee of said Mortgage.
\V. K. Gaston, Attorney ft> .-aid & -
Panl, Mmn. dec!
Notice to Creditors?-
State of Minnesota, County of Eauwey—ss. In Pro
la the matter of the estate of Cyrus B. VTl ih
id hereby given to all porsor>.i having
and demands again t the estate of Cyrus B.
•.:.,i tcaao, late of tho ci.uaty of Ramsey ii
state, deceased, that the Judge of Probate of
said county, will hear, examine and
cairns and demands against said estate, at his
office in Saint Paul, iu said comity, on tho first
Monday of the month of April, A. D. 1884. at 10
o'clock a. m., and that six months from the lOeidav
of December, lssj, have been limited aud allowed
by said Probate Court for creditors to present their
Dated this 10th day of December, A. D. IS '
. , , , ANN WIGHTM IN,
Adminlsrrttr.x of tho Estate of Cyrus ti. Wig
deceased? ueai-tue ow
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