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The Minneapolis journal. (Minneapolis, Minn.) 1888-1939, May 04, 1901, Image 6

Image and text provided by Minnesota Historical Society; Saint Paul, MN

Persistent link: http://chroniclingamerica.loc.gov/lccn/sn83045366/1901-05-04/ed-1/seq-6/

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Glad to Get Back—John Chick, Sr.. a
"Well-known Minneapolis brick contractor,
■Who has spent the last three years in Los
Angeles, Cal., has returned with his wife
to Minneapolis to live. Not only that, but
Le is glad to get back to a live, hustling city,
where building operations are lively. ->lr.
Chick is at the Russell until he secures per
manent quarters.
Real Eatate Deala—The property on
Hennepin avenue between Seventh and Eighth
streets, west of the Mitchell • building, na3
been purchased by Mrs. Alice A. Hall, 221
Clifton avenue, for $20,000. The lot is aOxlsu
leet. The price of $-W0 per front foot is un
usual for upper Henuepm avenue. Caroline
M. Crosby has obtained under foreclosure the
flat building at the northeast corner of Chi
cago avenue and Teuth street for $2i>,lU'.
Improvement League Will Try Va
cation Schools
It la Thought the Board of Edu
cation Will Give the Xec
eaaary Rooma.
If sufficient money can be raised for the
purpose and the board of education will
consent, the Improvement League will try
the experiment of vacation schools in
Minneapolis this summer. The league
hopes to o^en schools in at least two
buildings. Manual training will be taught
the boys, a kindergarten will be con
ducted "for the little children, and for the
older girls sewing, singing will be
taught. Nature studies will be im
important features in* all departments.
Tne league also hopesto be able to have
paid supervisors.
The board of education has not been ap
proached officially in the matter, but all
or nearly all. of "the members have been
seen individually, and will probably be
ready to act at once when the matter
comes u> In general, the members of
the board favor the idea, but they will
wan: to be assured that the school build
ings used will be protected in every way.
Tne board has no money to support the
Quektion at Expenae.
The league will take no active steps
in the niaue:' of getting use of the schools
until the question of finances has been
settled. The expense of the play grounds
la tssummer averaged about $100 each,
but the opening of the new department
would cost more.
The playgrounds have passed the ex
perimental stage tnd are now almost a
The Camden Place auxiliary will open
a playground this summer and will main
tain a kindergarten also. Modeling in
clay and nature study will be the features
of the latter. The large number of lum
ber yards in that section of the city
makes a playground desirable. One of
the mill men has already contributed $10.
While the Improvement League con
tains only a small group of earnest
women, its work is known all over the
country, and letters are constantly being
received from the east, west and south
asking for information. More workers
are needed as well as more money. The
flower work in the schools calls for an
Immense amount of clerical work in the
spring and in the fall the inspection of the
flower beds is no small task.
It Will Be Knovrn aa the John
>i. Thompaon Hardware
The John M. Thompson Hardware com- i
pany has closed a lease for 10,000 feet of I
floor space at 206 Xicollet avenue, and
tin aew wholesale hardware house will ;
be ready for business June 1. The capital
Is $100,000, which is owned by Mr. Thomp
son and bis son. Traveling men will be
employed at once. New capital will be !
added as the development of the business ;
Wholesale Millinery. Too.
Henry J. Monsch. formerly with Strange !
£ Bradshaw, and Henry Pinter, buyer for !
the same firm, will open a wholesale mil- j
linery house ia this city within a short i
time. The firm name is yet to be an- j
nounced. Both are experienced in the bus- j
mess and expect to furnish a desirable ad
ditioa to the jobbing interests of Minne
prospectiveTawyers dine
Mjjbt Law CtaM of 'Ol Holds An
nual Banquet.
The 1901 night law class of the uni-j
versity held its annual banquet at the j
Xicollet house last night. There were,
thirty-two members present, including the ■
three lady siudents. Arthur Christoffer- j
son presided as tostruaster, and the fol- {
lowing toasts were given: "The Class!
of ISjOI," J. A. Morrison: "The Faculty,"
Judge Hickman: "Our St. Paul Con
tingent," G. \V. Torrance; "Diagrams and
Epigrams." Jimmie Mclntyre. Remarks
were also made by Dean Pattee.
The officers of the class are: J. A.
Morrison, president: F. L. Bannon, vice
president; F. J. McNamara, treasurer;
Miss Helen Smith, secretary: Major
Heino, marshal; J. J. Jar man and S. J.
Levy, aides.
Union School Janitor at Mankato
Kills Himself.
Special to The Journal. *
Mankato, Minn., May 4.— H. C. Paff,
janitor of the Union school, committed
•uicide early this morning by shooting
himself through the heart with a revolver,
on the back porch of his residence. He
was 43 years of age and leaves a 13-year
old daughter, who kept house for him.
Despondency due to ill health is believed
to have been the cai:se of his act. He was
popular with all.
Special to Tbe Journal.
Morris, Minn.. May 4.—Mrs. H. B. Stin
son and daughter. Miss Alfaretta, are in
Glen wood to meet Boyd Stinson. who has
just returned from Argentine Republic.—
Miss Bea Donovan of Minneapolis, is with
relatives here this week. —Mrs. Andrew
Roland has been called to New Paynes
ville by the serious illness of her mother.
—Mr. and Mrs. Al Jones of York, Neb.,
are the guests of Senator and Mrs. E. J.
Jones. —Mrs. S. A. Flaherty is the guest
of friends in St. Paul this week.—Miss
Cora Hulbard left thia week for New York
city to pursue her musical studies.
Special to The Journal.
Huron, S. D., May 4.—Seven young men
were examined here yesterday for ap
pointment as cadets to the naval academy
at Annapolis. President French of Huron
college, and President Heston of the state
agricultural college at Brookings, con
ducted the examinations; the physical ex
amination was made by Dr. Robinson of
Pierre. The successful applicants were:
First, Mr. Mathews of Brookings; second.
Mr. Sullivan of Brown county, and third,
Mr. Lyon of Beadle county.—Circuit court,
a continuation of the March term, is in
session, Judge Campbell presiding. Mrs.
W. Mary Graley was granted a decree of
divorce from her husband, William F.
Since William IV.'s time the organ of
Hampton Court House, in London, has
been blown by some member of the fam
ily named Millest, but in the future it is
to be blown by hydraulic pressure.
Illinois' President to Deliver Com-
mencement Address Here.
Matter* Pertaining to I/niveraity
Work Were Diaenaaed—Ath
letlea Omitted.
President Andrew S. Draper, L.L. D., of
the University of Illinois, has been se
cured to deliver the commencement ad
dress to the class of 1901 at the universi
ty. While In Champaign this week, in
attendance at the conference of presi
dents of western universities. President
Northrop made the arrangement with Dr.
For several years President Draper was
a successful attorney in Albany, N. V.,
and served for a time on the bench.
Eight years ago he was elected president
of the University of Illinois, and has made
that institution one of the best of the
institutions of higher education in the
west. He is an excellent speaker, and
has done much good for general education
during the comparatively brief time in
which he has been directly engaged in
educational work.
President Northrop returned from
Champaign. 111., this morning. Four ses
sions of the president's conference were
held and matters pertaining to the ad
ministration of higher educational in
stitutions were discussed, including the
question of uniformity of requirements
for admission, the proposed national uni
versity, several features of graduate work
and methods for promoting the highest citi
zenship among university students. At
teuding the conference were: Angell,
Michigan; Jessey, Missouri: Northrop,
Minnesota: McLean. Iowa; Baker. Colo
rado; Thompson, Ohio: Stone, Purdue;
Draper. Illiuois; Andrews, Nebraska;
Swain. Indiana.
Wednesday evening a reception was giv
en to the visitors at the home of Presi
dent Draper. It was attended by the
faculty of the university, and a large
number cf prominent citizens. On Thurs
day tkere was a convocation at the uni
versity, and all the visiting presidents
spoke. In the afternoon they were driven
about Champaign and Urbana by their
Dr. Xorthrop says that the discussions
were the most* helpful of any he had ever
heard. President E. Benjamin Andrews
declared after the meeting that of all the
educational meetings he had ever attend
ed, that had been the most helpful to him.
The plan of colleges of agriculture and
of experiment stations to secure a chance
for graduate work in the departments and
collections of the government at Wash
ington was approved. There was no dis
cussion of athletics.
Some Thing'" George S. ( untleld Suvi
in the East- Two War
George S. Canfleld, secretary of the
democratic state central committee, re
turned from the east this morning. While
absent he saw many prominent democrats
and had* opportunity to note the trend of
political sentiment. He says the prevail
ing view is that there will be a desperate
struggle for possession of the democratic
organization by what he calls the "re
actionists" —those elements of the old
democratic party which have generally j
'"aided in republican success in the last j
two presidential campaigns," represented j
by those now talking about reorganizing i
the democracy. At the present time such j
elements are booming D. B. Hill, although j
the latter continues to maintain that he
is not a candidate. Such control will be
resisted to the last by those who have
stood by the platforms and candidates in
the last two campaigns, says Mr. Can
field, who declares that in the event of
the loss of the organization, or of any
effective reactionary movement, the eas
tern Bryan democracy will join the west
and the south, in a movement for a brand
new organization, to be called, perhaps,
an American party.
This new party would have for its
cardinal principles, '"resistance to the
money power," as represented in immense
corporations and special banking privileges,
tariff and taxation reforms, proper regu
; lation of corporations, the election of
United States senators by direct vote, and
j "such application of just and righteous
i principles to the questions arising from
: the Spanish war as may be demanded by
i the situation," but standing for immediate
freedom and self-government for both
Cuba and the Philippines.
Valuable War Relic*.
Mr. Canfleld visited his old home In
Ohio and secured there two military relics
which his family have highly prized, the
I one being the flint lock musket carried
| by his gradfaiher in the war of 1812, and
jat the battles of Plattsburg and other
| fights in the Lake Champlain campaign,
j and the other being the drum carried by
, Mr. Caniield in the- civil war of '61, when
i a 13-year-old drummer boy, which was
made for the war of '12. and was also
carried in the Mexican war. It has a
white birch shell, and is as sound as when
first used, now nearly 100 years ago.
Lo«ie» in Jacksonville Fire.
Charles M. Fuller, brother of Mr. Can
field's wife, is a member of the Greanleaf-
Crosby company, which lost $150,000 in the
Jacksonville fire. Mrs. Canfleld's father,
N. A. Fuller, owned a handsome residence
adjoining the Windsor botel^ Jacksonville.
This was also destroyed by the fire.
Takes Place at Plymouth Church—
Remains Sent East.
Rev. Dr. Hallock conducted the funeral
of the late Ambrose X. Merrick at
Plymouth church yesterday -afternoon at 5
o'clock. Members of the county bar and
friends of the family were present. Dr.
Hallock read Scriptural selections and
spoke in eulogy of Mr. Merrick as a citi
zen, husband and father. Easter lilies
and roses were strewn over the casket,
which was borne by Judge William Loch
ren, Judge L. W. Collins. Judge C. M.
Pond. O. -C. Merriman. F. B. Hart, C. X\
Dickey. S. D Hillman and H G. Hicks.
The remains were sent last evening to
Brimfleld. Mass.. the old home. Mme.
Camilla Urso. the greet violinist, a friend
of Mrs. Merrick since childhood, played
Ernst's "Eligie" duriag the services.
St. Paul Woodmen say thai in the pool
of the contributions of business men to
the fund -for the entertainment of the
various conventions, they are not getting
a fair share. If the citizens' committee
does not see that they get their propor
tion, the electrical display may 6e pulled
Only Thirteen Millionaires
The New York Herald on Sunday printed what purported to be a correct list of
millionaires in the country. Thirty-nine were credited to Minneapolis. • The list
on sight would be pronounced incorrect. But twelve men on the list have been dead,
some of them for years. Of the remaining lot several have realized that riches some
times take to themselves wings and fly away. It is notable, however, that only three
names can be added to the Herald's register after removing the names which are in
correctly included. The city boasts of several men who have nearly reached the
million mark, but not quite. If a list should be published of those' who can prove up
$500,000 it would be a long one. The one printed below contains the names of men
some of whom are millionaires more than one time. It is:
H. C. Akeley, Russell Bennett, H. W. Brown. W. H. Dunwoody, J. B. Gilflllan,
T. B. Janney, Thomas Lowry. S. T. McKnigbt, John Martin, Clinton Morrison, John
C. Oswald, F. H. Peavey, John S. Pillsbury.
Beltrami and Itaaca Countiea Are
Increasing in Population.
Beltrami ; and Itasca counties, the ' great
forest empires of; northern Minnesota,
will have to be divided within . the next
five or six years, according .' to W. F.
Street of Bemldji. The rapid influx of
population which will ' follow the new
railroad lines in the extreme north will
make this step necessary. .The McKenzle
& Mann line from • Winnipeg to Port Ar
thur will open up northern Beltrami, and
the Minnesota & International line from
Bemldji to Koochiching. will cause the
settlement of eastern Beltrami and north
ern Itasca. The problem of county divi
sion and new county seats will be the
great issue in the two counties for years
to come.
It Cause* the Free Church to. Meet
- at Wlllinar.,.
The annual meeting of the Norwegian
Lutheran Free church will be held at
Willmar Instead of in Minneapolis. It is
said that men who are arranging for the
meeting feared that Trinity congregation
In Minneapolis, of which Rev. M. Falk
Gjertsen is pastor, would muster perhaps
200 voters, and in that way secure con
trol of the meeting. It is' reported that
the idea of holding the meeting elsewhere
was encouraged by some of the more
prominent members of Rev. Mr. Gjertsen's
congregation, who are not all " satisfied
with the hurried manner in which the
Christiania affair was "settled." '
Union Lead ami Oil Company to In- 1
eremite Stock to $5O,OOO.OOO.:*
Reports from New York say that the
capital of the Union Lead and Oil com
pany, which was recently incorporated in
New Jersey with a/capital- stock of $15,
--.000,000. is to be increased to $50,000,000.
The Whitney-Ryan syndicate is under
stood to be a moving spirit in these opera
tions and plans a combination with Mis
rouri Lead properties and the erection of
four, great concentrating plants to be con
nected by railroad with St. Louis.
The Union Lead and Oil company is "the
concern which is reported to be planning
the erection of a 400-barrel mill in Min
neapolis. •
Paralysis Seems to Be Leaving ami
- - Danger la Lean.
C. A. Morey, of the board of control,
who was seriously injured by a fall at
the ca^ltol yesterday, is better. The
paralysis of the right side seems to be
disappearing and while Mr. .Morey is not
yet out of danger, It is felt that bis
changes of recovery are very much bet
Alleged Wabaalia House Breaker Ar
rested at Red \Viii«.
Special to The Journal.
Red Wing, Minn., May — '.'Arrest a
young man on fast mail, wearing blue
coat and overalls," was a . message re
ceived by Chief of Police Lee just as
that train was pulling in yesterday after
noon. The chief ran to the station plat
form, but did not see his man. He
boarded the still swiftly moving train,
crossed it and jumped off on the other
side simultaneously with the person he
was looking for. A swift.chase around
i freight cars followed, with the polTce com
i ing out the winner. The young man was
wanted at Wabasha for house breaking.
Tramps held up and relieved a young
i man of $2 Thursday afternoon back of
j Barn bluff. The police rounded up seven
| tramps found there rushing the growler.
Two, who tad made a disturbance up
town, were given twenty days in .the
county jail, and two others, who had been
■begging and drunk, were given ten
days' work on the stone pile. The others'
I were allowed to depart, as the young man
i did not appear against them. ,„ „.....
Mr. and Mrs. James Martin were pleas
j antly surprised by their friends on the
| fifteenth anniversary of their marirage.
| A handsome set of china was presented
j to the couple.
Special to The Journal.
Hastings, Minn.. May 4.—The residence of
Mrs. Catherine Reed, near the Indian Spring,
was damaged by fire yesterday afternoon.
The west side of the dwelling was occupied
by Mrs. Mary Stevens. Losses are covered
by insurance.—R. C. Libbey's saw mill
started up for the season to-day with a full
i crew.—The delinquent tax sale begins at the
county auditor's office next Monday.—
. high school baseball team went over to River
Falls to-day to play their high school nine.
Drives Generally Movliik Slowly—
Rainti Are Xeeded.
The big log drive that started down the
Mississippi a week ago will not reach
Minneapolis so soon as expected. It is
now in the vicinity of Royalton bridge and
is moving along satisfactorily. Rains have
raised the river at Brainerd, where there
is a jam. Sluicing is going on day and
A dispatch from Mora, Minn., says that
the O'Neal, Mulvey, and McGrath drives
are progressing slowly and that a good
rain is needed to hurry them along. Ice
in the Snake river caused considerable
trouble for the O'Xeal drive. The McGrath
drive is the largest taken down the Snake
in years, being the cut of two winters and
amounting to 75,000,000 feet. The low
water last spring made it impossible for
Mr. McGratb to move his logs. The
Mulvey drive on Hay Creek is estimated
at 10,000,000 feet.
The St. Croix Boom company expects to
start the boom May 10, but the date will
depend upon the weather. A number of
the St. Croix tributaries are very dry. The
Kettle river drive is hung up near Sand
stone and few drives are moving. Lam
mers Brothers, with timber on Eau Claire
lakes, will begin driving soon, but will
need rain in order to reach the St. Croix.
He Is Rejjulnrly Held for a Criminal
Special to The Journal.
Valley City, N. D., May 4.—At the conclu
sion of the preliminary hearing in the case of
the state vs. Clinton E. Coleman of Wimble
don. Justice Keough bound tbe defendant
over to the district court in the sum of $1,500.
Myrtle McNeil, whom the defendant is ac
cused of criminally assaulting, told a straight
story and her evidence was very damaging.
Her mother, who Is Coleman's sister, had
been keeping bouse for the latter, and on
April 13 went away for a week's visit with a
neighbor, ieaving the girl to act as house
keeper for her uncle The girt claims she
was assaulted several times, and prevented
from making an outcry by fear. Coleman is
well fixed financially and owns a lot of prop
erty at Wimbledon.
The recent wind storms do not appear to
have injured grain to any extent. Wheat is
coming on nicely and the early aowa already
covers the fields. Vegetation Is well ad
vanced and c-op conditions are favorable for
this time of the year. The farmers are nearly
-through slanting wheat.
Capt. Fitchette Applies Restaurant
Methods to Police Statistics.
From 25 to 47 Arrested Men Were
Never Brought Into Court—Ad
mitted !»j Official Figures.
The record of the police department in
the matter of arrests for the month of
April as prepared by Captain Fitchette, of
the municipal court detail, alias "Coffee
John," and as appeared in the Tribune,
the organ of the administration, is as fol
lows :
Drunkenness, 181; disorderly conduct, 36:
vagrancy, 58; assault, 24; petit larceny, 26;
grand larceny, 7; keeping houses of ill fame,
40; found in disorderly houses, 36; violating
health laws, 12; gambling, 14; embezzlement,
2; forgery, 2; petty offenses, 65; total, 502.
This report appeared in the Tribune as
the report of the municipal court for the
month of April. It was not, however, as
the official municipal court record was
given to The Journal this morning,
having been just completed.
Chance to Figure.
A comparison of the records of the police
and of the municipal court opens up a
vast field for speculation. Also there is
no small wonderment as to the system by
which the police compiled their fat rolly
polly report for the baner month of April.
In the first place, the number of arrests,
according to the police, is at 502, It takes
no expert accountant to add the figures
and arrive at 503 for a result.
Working on thi9 basis the police report |
total, in corrected form for the purpose
of accuracy, should be 503.
The records of the municipal court show
an actual arraignment of 4TB new cases.
Here at the outset there appears a dis
crepancy of twenty-five. In other words,
according to the records of the police,
they arrested twenty-five persons who
were released without being brought into
court. Furthermore, the municipal court
record shaws that there were during the
month of April nine persons arrested by
special officers, such as railroad detec
tives, street car officers and the like,
thirteen by the Eheriff, a total of twenty
two. Deduct thl3 twenty-two from the
total arraignment, 478, and there re
mains 456 arraigned through the efforts
of the police. This 456 compared with the
police figures, 503, leaves a greater dis
crepancy of 47 persons arrested, who,
according to the police's own figures, must
have been given their freedom without
arraignment In the municipal court.
How It Happens.
Now how could this marked discrep
ancy arise? Following is the solution.
There appear to be two "tabs" at the
Central station, where^the majority of ar
rests are reported; one is kept in pen
cil and one in ink. Men when arrested
are enrolled in the "pencil tab." Later,
if not released, their names are inscribed
in the "ink tab." It is possible that in
making out the record for April the num
ber of arrests was compiled from the
"pencil tab" rather than the permanent
"ink tab," where the names are recorded
some twenty-four hours later.
In this connection it might be well to
state that the municipal court records,
from which these odious comparisons are
being drawn, are kept in ink.
More Mathematical Curiosities.
According to the figures of the police,
14 men were arrested for gamMing. The
municipal court tab shows that 11 men
were arrested for gambling but all by the
sheriff. The tab shows that two small
newsboys shooting craps were arrested by
the police and charged with gambling.
This accounts for 13 cases. The police |
say 14. Where is the other man? Fur
thermore, in this connection the police
say, they in their report did not count the
men arrested by the sheriff in the gam
bling raid—that is the 11 men mentioned
If the theory that the police did not
count in the 11 men arrested by the sher
iff is discarded there remain 11 gamblers
arrested by the police that never appeared
in court.
Look at tlie Drnnki.
The largest number of drunks in the
April record of the police invites atten
tion. The number la 181. The municipal
court tab shows a total of 179 drunks.
This includes sixteen drunks arrested on
March 30 and 31, but arraigned April 1.
Deducting this sixteen, inasmuch as the
police are numbering the number of actual
arrests for April, and the tab shows that
there were 163 drunks. Comparing this
figure with the 181 drunks arrested during
April, the query naturally arises, what be
came of the missing eighteen? Did they
also go free by way of the double entry
Records of Other Aprils.
The municipal court record for April
shows a total of 478 cases. 400 convictions,
68 dismissals, and 10 variously disposed of.
This report is authentic and shows that
the police have done fairly well for begin
ners. But there appears no reason for
"cheat swelling,'" as a comparison with
former years will show.
In April, '99, there were 456 cases in the
municipal court. This compared with 476
cases for the past month, shows that the
police have "done" twenty cases better
the past month. •
There were five months In '99 when
there were more convictions than during
the month past. There were two months
in '98, five months in '97, four months in
'96, six months in '95. nine months in
'93, six months in '92, two months in '91
and four months in '90 when there were
more convictions than in the month past.
The figures published in the Tribune aa ,
to the number of arrests in April, 19001
and 1899, seeking to show how bravely
did the police do their duty the past
month, were happily diverting but far
from accurate.
Counted In Xeilson.
The "arrest," so called, of Deputy Neil
son by Captain Fltchette, is included in
the total of the municipal court arraign
"Navigation Committee" Inspects
Lock-and-Dam \o. 2.
Captain J. C. Reno, H. A. Towne and O.
B. Clark, of the old board of trade, paid a
visit to government lock and dam No. 2 in
the Mississippi river below Franklin avenue
bridge yesterday and were highly gratified I
at the progress of'the work. As men who
worked to serure the million-dollar appro
priation to make Minneapolis the head of
navigation, the old "navigation committee"
naturally feel deeply interested in the gigan
tic improvement which the government has
in hand.
Major Rockwood informed his visitors that
everything was progressing in fine shape,
and that the government was looking after
all matters pertaining to the work. The
advance in the coet of materials, he said,
would necessitate another appropriation of
two or three hundred thousand dollars to
complete the work, but neither Major Rcck
wood. Captain Powell or the old board of
trade committee are apprehensive that the
money will not be forthcoming when needed.
An improvement which already has $1,100,000
to go on cannot be.defeated by any combina
tion of circumstances.
Tfce F«H of the Mercury Rather Sad-
den for Comfort.
The temperature yesterday at 7
a. m. was 54. To the citizens of Mia
neapolis who are accustomed to warm
weather the year around, it was uncom
fortable and shivery. The rain which
cooled the atmosphere so perceptibly was
quite local. At only two places Jrom
which Director Outram has reports, was
moisture precipitated. At, Grand MeAdow
the rain gauge showed 153 laches and at
Minneapolis .14 of an inch. It did not rain
in St. Paul or at Mmnetonka,*and only la
portions of this ctty. The maximum tem
perature yesterday, according to the gov
ernment records, was 80.
Forfeiture of the Entire Bond for
Violation of the l.»w Sot
The supreme court's decision bearing
on saloonkeepers' bonds, which was
given in The Journal yesterday
is in many respects unusual. The
majority opinion says that the statutes
of the state bearing upon intoxicating
liquor are in a very complicated condi
tion, often being absolutely conflicting.
The clause on which the court bases its
construction of the law is one giving pri
vate persons the right of action on bonds,
in case they sustain damages at the hands
of an intoxicated person. Says the court:
It is evident that the legislators who eu
acted these provisions were of the opinion
that the amount fixed in the bond was simply
a penalty, to be recovered as occasion might
require by different plaintiffs and to the
amount each might be Injured.
We believe it to be a rule of general
application that the amount of a bond of this
character—nothing but a contract—must be
treated as a penalty rather than as liquidated
The bond may be violated, as may be the
liquor laws of this state, unintentionally, and
without a purpose to disregard the statute.
Every person violating the law in this par
ticular way is declared guilty of a misde
meanor, and may be puuished by <i fine of not
less than $25, ror of more than $100, or be im
prisoned in the county jaii for not less than
thirty nor more than ninety days.
If the construction placed upon this bond
by the counsel for the state is correct, the
fine, Including co3ts of prosecution, may be
in excels of $100. For an unintentional viola
tion of the lr.w, made a misdemeanor by
statute, the offender would be compelled to
pay for a single offense over $2,100, and lose
the lieecse fee. $1,000, in addition.
Power to revoke the license is with the
municipal authorities, intervention by the
courts not being required. This in itself
seems quite a severe penalty. We are not
defending the saloon-keeper who violates the
law, nor are we upholding the business of
selling intoxicating liquors, lawfully or un
lawfully, when we say that such a result
would be strikingly unjust and smack strong
ly of persecution. While it may not violate
the constitutional provisions forbidding the
imposition of excessive fines or the inflic
tion of unusual punishments, this penalty
would be exceedingly excessive and of a
character to shock our sense of justice and
right. It would remind us of the days when
trivial offenses were punished by absolute
and wholesale confiscation of the offenders'
estates. In practice that would frequently be
the result should the amount of the bond be
declared liquidated damage.
Further on the point is raised:
The amount of the bond Is either a penalty,
or it is liquidated damages. It cannot be
both. The amount cannot be declared a pen
alty when a civil actiou is brought by a per
son injured to recover damages done by an
intoxicated person, and then held to be liqui
dated damages in an action brought upon a
complaint drawn as was the one we have be
fore us. It cannot be one kind of a bond for
one purpose to-day, and another kind of a
bond for another purpose to-morrow.
Brown Taken Issue.
Justice Brown takes issue with the ma
jority opinion, saying:
1 dissent. The court in this case has fallen
into the error of construing the bond on
which the action is founded on the rule of
law applicable between individuals as to
bondu given to secure the performance of
some collateral agreement by the obligor. It
Is not such a bond. It is a bond given as the
condition for the issuance of a license for the
sale of intoxicating liquor pursuant to the
statutes of this state, and as security for the
observance of the liquor laws by the obligor.
Bonda Are Worthless.
The above case is somewhat analogous
to that of the city of Minneapolis against
Stockholm Olsen, the former South Minne
apolis saloonkeeper, and the sureties on
his bond, in which a decision was handed
down by the supreme court in April, 1599.
Olsen was convicted of selling liquor on
Sunday and his license forfeited, and then
the city sued his sureties to recover on
the $2,000 bond required of all saloon men.
Olsen's attorneys entered a demurrer to
the complaint in the lower court, alleging
that it did not state a cause of action.
The court overruled this demurrer and
the case went to the supreme court, which
reversed the order overruling the demur
rer and held that the city of Minneapolis
had no authority, under its charter, to
take such a penal bond or enforce it. In
other words, the city could not enforce a
purely penal bond.
Since that date, therefore, in line with
the decision of the court, the city has re
quired that all saloon bonds should run to
the state, instead of the city. To-day's
decision of the court would seem to make
it clear that neither has the state the
right to enforce a penal bond.
The effect of this will be to make it
a waste of effort and paper to require
bonds of saloon men hereafter. It would
be practically impossible, attorneys say,
to prove actual damages against a saloon
keeper for doing business on Sunday or
for any of the other violations of the
saloon ordinance.
At the most, then, the bond is nothing
more thaa a certificate of good character
and practically valueless as that.
C. H. Vanderhoof Says That Section
la Xot Being Neglected.
C. H. Vanderhoof, chairman of the As
sociated Wheelmen, says the East Siders
who complain that they have been neg
lected in the matter of cycle paths are
laboring under a misunderstanding of the
true situation. He explains it thus:
An article appeared in Monday's Journal
under the head, "Why East Siders Are Tag
less," in which an East Side wheelman states
that they are "tagless" because the East Side
has been shamefully neglected in the matter
of cycle paths, and adds that the riders of
that side of the river do not propose to con
tribute their mite to the license fund until
they see something fcr their money.
As the Associated Wheelmen committee and
the Cycle Path association have heard this
complaint many times, and as it is wholly
the result of misunderstanding or lack of
information on the part of some of the East
Siders, I would like to present a few facts.
There are three wards on the east «Ide of the
river. Last year the city engineer received
from the license fund $11,500, and built in the
entire city 11% miles of new path. Of this
total the East Side got about 2'i miies, cost
ing over $3,000, or one-quarter of the total
amount expended in the entire thirteen wards
in the city.
There is now before the city council a peti
tion asking for about sixteen miles of new
path, of which s>r* miles are located on' the
East Side, and an added expenditure of about
$2,500 for the benefit of the East Stde Is
asked to make a rideable surface on Nicollet
avenue from Washington avenue to the East
The wheelmen of the East E4de can safely
believe that those who have been and are now
instrumental in securing the construction of
paths for the riders of this city are not
"shamefully neglecting" them, ami that the
representatives of the East Sido in the city
council will secure for their section all that
is due them as rapidly as possible.
I would suggest further that the East Side
wheelmen inform themselves as to how paths
can be built or repaired before they buy
t'aptnln and Two Others Drowned
Off Gore Liffht.
Little Current. Great Manitoulin Island,
Ontario, May 4.—The steamer Germanic
reports Thursday off Gore bay light
the tug Tecumseh was sighted, disabled.
The captain of the tug asked that he be
towed to Gore bay and the Germanic gave
her a line.
After proceeding some distance the
captain of the Tecumseh -signaled they
were sinking. The tug was brought
alongside and two men and a woman were
taken off, when the tug suddenly lurched
and sank, carrying down the captain, his
sister and a Toronto man named Forbes.
_ The sun's diameter decreases at the rate
of five miles in a century. Its present
diameter is SSt^OOO miles.
Montclair, N. J., Dec. 1, 1893.
C. W. Anderson, General Agent State Mutual Life Assurance
Company—Dear Sir: In December, 1873, I took a policy of $5,000 on
the ten-payment twenty-year endowment plan, in the State Mutual.
During that time I have paid you the net sum of $2,519.17, and I
have this day received from you in return $5,000, which is $2,480.83
above my total payments to you, plus $5,000 life Insurance for
twenty years; or full 4 per cent compound interest on my invest
ment and $5,000 life insurance thrown in. These figures speak for
themselves and are the best sort of an illustration of the wisdom
and value of taking an endowment policy. (Signed by a prominent
citizen of Montclair.)
This is simply the ordinary experience and attitude of a State
Mutual policy-holder. If you will send your exact age and address
to the State Mutual Minneapolis agency you will receive a fac
simile of the new State Mutual policy.
C. W. VAN TUYL, General Agent.
Associate Agents. %
Augustus Warren, George A. Ainsworta,
J. B. Mocre, ' Henry S. Gilbert, '
George B. Graves,
505-9 Lumber Exchange.
George L. Nichols, Fergus Falls
Drawing In of Credits Alarms Those
That Bought on Margins.
Rally Follow* the Slump and .Price*
Recover I mil the
New York, May 4.—The effect of draw
ing in of credits in an over-extended
speculation was shown by a slump in the
stock market yesterday. In the effort
to liquidate, prices broke violently
throughout the list, with the largest ef
fect naturally in those stocks in which
the mad rush to buy had centered for the
last few days.
As the last candidate for this kind of
favor, Atchison led the van. During the
morning there was a halcyon prospect of
indefinite prices in this stock and
hordes of speculators were using all the
money they could borrow to buy the stock
on ft margin. Atchison and other stocks
mounted skyward.
Then began calling of loans and those
who had been using every dollar of credit
they could command to buy stocks on mar
gin began to grow exceedingly uneasy,
and they began to order stocks sold in a
hurry. On the floor of the exchange there
was great excitement. Anyone willing to
buy stocks was almost torn to pieces,
where a few hours before all the pressure
was on the seller.
A rebound which followed was almost
equally violent. The excitement abated
considerably after the rally, but prices
wavered in an uncertain manner, declin
ing in some cases again to within a frac
tion of the.lowest. The tone continued
very feverish until the close-
To-day's dealings were the second in
magnitude only to Tuesday, the day when
more than 3,314,000 shares changed hands.
To-day's total sales were 2,963.500 shares.
Judge SinipHon Decides the Calhonn
Dock Case.
Judge Simpson yesterday ordered
judgment for the defendants, in the case
of Samuel N. Ewing against the city of
Minneapolis and the park board.
The action was brought to recover $10,
--000 damages, for Injury to the business of
j plaintiff, who formerly occupied the dock
at Lake Calhoun and operated a fleet of
boats. A year ago he declined to agree to
the terms of a contract submitted by the
park board, when he was ejected from the
The court holds that the plaintiff never
had any right or title to the dock or shore
line, except as granted under contract,
and that he -has not been damaged by the
acts of the defendants.
In the Divorce Court.
The trial of the suit of Annie J. Bates for
a divorce from Ralph R. Bates is attracting
! many to Judge Simpson's court. The wife
alleges cruelty, saying that Mr. Bates is
given to flying into a rage, that he has at
times kicked her out of bed and abused her
in a shameful manner. The defendant's at
■ torney, Mr. Penney, during the course of
an examination this morning, tried to show i
that the plaintiff had given Mr. Bates grave I
cause for jealousy and that she had told a I
neighbor that her husband was not "sporty"
enough for her. This she denied emphat
Anderson Pleads Guilty.
August Anderson, a bright-looking youth of
18 or 20, yesterday before Judge Brooks
pleaded guilty to a charge of grand larceny
in the second degree and was remanded for
sentence. There was an indictment for bur
glary hanging over him which was waived on
condition that he would plead guilty to grand
larceny. He was accused of breaking into
Godfrey's cigar store on Western avenue, buc
he secured no booty. His aged parents were
in court and the grief of his mother enlisted
the sympathy of all present.
Rlcliardu 1 Trial Monday.
The case of the state against Everett Rich
ards, who is under indictment charged with
attempting to kill his wife by shooting her
while in a fit of jealous rage, will be taken
up for trial aext Monday.
Court Notes.
Deputy Sheriff Wall, by virtue of an exe
cution, yesterday sold at public auction the
office furniture and personal effects of Mart
N. Hilt, who formerly conducted a real estate
business and rental agency In the Phoenix
building, and who suddenly left the city.
The sum realized was $325.
Judge W. H. Donahue, counsel for Mrs.
Bertha Schilling, said yesterday that he
would appeal the case to the supreme court
on the ground that errors of law were com
An order has been made by Judge Simp
son awarding the Flour City National bank
of Minneapolis Judgment for J13.160.90 against
the T. J. Preece Mercantile company.
C. J. Rockwood has been appointed to en
fcrce payment of the Judgment entered
against the several stockholders as follows:
William F. Istiek, $250; Alexander Barnes,
$666.66; Thorpe Brothers, $500; Austin F. Kei
iey, $2,500; Frederick C. Johnson, $4,000; Wil
liam McMullen, $4,000; Henry A. Outcault,
$1,000; Theodore L. Hays, $500.
In the divorce case of Flora A. Bickel
against Elmer E. Bickel, the plaintiff has
tiled a petition asking to be allowed $100
attorney's fees and $10 per week temporary
alimony for the support of herself and child.
C. L. Nogtfle. Who Was Seven Times
Wounded in Battle.
Special to The Journal.
Anoka, Minn., May 4.—C. L. Noggle, a
veteran of the civil war, and prominent
here for many years, died Thursday. He
came to Minnesota in the flftjea and en
listed in the Second Minnesota for the
war of the rebellion. He was wounded
seven times and three bullets were never
extracted. He is survived by his wife.
The funeral services will be held on Sun
Miss Clara Pratt was married to John
Mlddlebrock, a young hardware merchant
of this place, on Wednesday evening.
Turks Say tlie Payment Will In-
elude American Claims.
Constantinople, April 29.—1t has been ar
ranged that the Imperial Ottoman bank shall
pay the Cramps £100.000 sterling as a first
installment and pay an amount not specified
to the Krupps, from a 6 per cent sur-tax on
the general taxation of the empire. The
Turkish officials have revived the old story
that the damps" payment includes the United
States Armenian claim*.
Bargains I! l :|i|
gfl BetrmniDe.May
I G.for one week.
m^-, ->^B I *c will sell at
BBaH H the following
-k-' H prices:
B3BiiajHßnj|BßH||B||B No. 2 vidi, a
4x5 Camera,
carrying case
__ JH aja mm and one double
plate holder;
regular price
<W | $8, for $3.25
**GGgg Bf^ regular $15.00
hi i^^^™^-~ Wizard Cani
era, $8.00: 5x7 in. Camera, $20.00, for $10.
We have a few Monroes of various sizes which
we will close out at greatly reduced' prices. A
lot of view outfits—some new, some second-hand,
which we will sell at a very low price; $2.00
tripods, 66c; improved 4x5 Tray, 15c; 5x7,
25c. * Printing Frames. Drying Racks and
every requirement for the amateur • and pro
fessional photographer.
406-409 First Aye. S.
All Business Houses in a Lit
tle lowa Town De
Marshalltown, lowa, May 4.—Fire at
Ewart has practically destroyed the en
tire town, including a big grain elevator,
lowa Central railway property, the post
office and all business houses, the Presby
terian church and several residences. The
fire originated in the elevator. The esti
mated loss is $100,000; insurance not
Almost Every Child in a Vil
lage Is Left Mother
London, May 4.—A?peolal dispatch from
Odessa, dated April 26, purports to give
an eye witness' etory of the recent ferry
boat disaster on the river Dnieper, near
Katchkarovka, when almost a hundred
mothers, with their babies, returning
from the evening milking, were drowned.
A sudden storm sprang up there was
a panic, the pontoons were swamped, and
only a few of those on the ferry were
saved by a boat. Three persons clung to
a horse which swam ashore.
i Practically every child in the village
was rendered motherless.
Well Known Attorney Passes Away
in California.
Orlando C. Merriam has received a tele
gram announcing the death of his wife's
brother, Henry P. Herring, at Hanford.
Cal., on the night of May 1. Mr. Herring
was a well-known attorney of this city,
having his office in the Northwestern
building and residing at 813 Seventh
street SE. He leaves a son, Ralph, who
is at present recovering from the effects
of an operation for appendicitis, at Wash
ington, D. C.
Mr. Merriman had recently received
from Mr. Herring a letter dated April 24,
in which he stated that he had just had
an attack of heart trouble, wh4ch the doc
tor stated would have resulted fatally had
he not called for help. A subsequent ex
amination showed heart disease affecting
both valves, and led Mr. Herring to in
close certain instructions in case he
should not live, including a request that
his body be cremated in the nearest
crematory, which will be complied with.
Mr. Herring went west for his health in
Mr. Herring practiced law in Minneapo
lis for twenty-five years. He was born
in Gouveneur, St. Lawrence county, N. V.,
sixty-two years ago, and died upon the
anniversary of his birth. Mrs. Herring
died about twelve years ago. The son,
Ralph, enlisted with the Thirteenth Min
nesota volunteers, while a student at the
state university, and served until mus
tered out. He has been connected with
the census bureau, and lately received an
appointment in the regular army. Mr.
Herring was a member of All Souls' Uni
versalist church.
Americans the Feature fon the Lon
,.'. "■ don Stock Exchange. S||
* London, May 4.—Sensational movements
In Americans yesterday completely over
shadowed dealings-•!« -©the* depart
ments •on the stock exchange. The ■ trad
ing was on an enormous scale. The com
missions of one leading arbitrage house
reported $10,000 in one day this" week. : A
feature of .the afternoon session was the
dealings in Atchison and Baltimore &
Ohio shares. *<$$<$>?} -\ t
Dr. Conan Doyle wrote his first itory
when he was six.
■SJ§Bh varnishes
I WANT YOUR TRADE — If quality
and low price are to be considered, I
will get it. Be sure and see me.
515 First Aye. So,
Tel. Main 910. Sign of the BJj Can.

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