OCR Interpretation


The Minneapolis journal. (Minneapolis, Minn.) 1888-1939, November 08, 1901, Image 8

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

Persistent link: https://chroniclingamerica.loc.gov/lccn/sn83045366/1901-11-08/ed-1/seq-8/

What is OCR?


Thumbnail for 8

r
GDEST OF TEACHERS
Mfss Haley of Chicago to Address
Minnesota Educators.
SHE LED IN CHICAGO'S TAX FIGHT
Booker T. a*hlutun Will Also Be
' In Attendance at the Con
vention.
A prominent speaker of the Minnesota
Educational association meeting, in St.
Paul, Dec. 26-28, will be Miss Margaret
A. Haley of the Chicago Teachers" Fed
eration. With Miss Catherine Goggin,
Miss Haley led the flght against the cor
porations of the state of Illinois, which
resulted in the recent supreme court de
cision that the capital stock of corpora
tions Is taxable property. This decision
vill add millions of dollars of revenue to
the city of Chicago alone, and will re
lieve the embarrassed state of the school
board's finances.
In the beginning, the fight Just ended
•was ridiculed, and the people who be
lieved anything could be accomplished to
*orc<» corporations to pay their share of
i^iSTlc expense were few. The work of
pushing the investigation of conditions
and the lawsuits which followed was done
•wholly by the Teachers' Federation and
at an expense of less than $6,000.
Miss Haley, who is a pretty young
woman, made an address last week be
fore the Boston teachers, in which she
told the story of winning the flght against
intrenched corporate greed in Chicago.
The story is so simple and straight-for
■ward that it is very impressive as well
&s significant.
Miss Haley explained that the way in
•which the teachers were drawn in the
case was through their failing to receive
the increased salaries promised them be
cause of insufficient revenues. In seek
ing to discover the reason for the short
age some of the teachers simply Btum
foled upon the fact that there had been a
failure to assess the capital stock of va
rious important corporations. They con
sulted the records and found not only no
assessments such as the law required, but
no statements to the assessor by the tax-
Bble corporations.
Persistent efforts to induce the board
of equalization to tax the corporations
having failed, the suit to compel them to
do so was instituted. The board declared
It could not be sued, but the legal pro
ceedings went on and went against the
board. Dominated by corporation attor
neys, the board then abolished the estab
lished rule for determining the value of
franchises and made a new one. This
new rule is the one pronounced fraudu
lent by the decision of the supreme court.
In conclusion, Miss Haley said:
We haven't finished yet. We have more
Seork to do.
We are ashamed of Chicago—ashamed of
her dirty streets, her bad public service, her
badly-crippled schools, her poorly paid serv
ants. We mean to clean those things up, and
to clean politics up, too. But not by bring
ing the schools into politics; we hope to
take them out. We mean to work on the
assumption that public officers are elected to
do their duty; and If they don't—as in the
cese of the board of equalization—we'll know
the reason why.
A special reception will be arranged for
Miss Maley on the Thursday afternoon
of convention week, which Mrs. George
Harrison, president of* the Minneapolis
Teachers' Club, will assist in arranging.
In the evening Miss Haley will be one
of the guests of honor at the big general
reception at the Ryan, at which the
teachers of the state will be received by j
the officers of the association—Governor
Van Sant, Mrs. E. M. La Penotiere, presi
dent of the Minnesota Federation of
"Women's Clubs; Mrs. Harrison and Miss
Bonnie Snow of the Teachers' Club, and
others.
The interest in Miss Haley's personal
ity and in her subject will be in dan
ger of eclipse only by one speaker—
Booker T. Washington, whose promise to
be present at the meeting was announced
early in the season. More recently se
cured speakers are Orville T. Bright, su
perintendent of Cook county schools, who
will speak for the county superintendents,
and L. C. Lord of Charleston, 111., for
merly president of the Moorhead Normal
school, whose address on "A Modern Sir
Galahad," will come Thursday evening.
Two important exhibits will be prepared
and placed at Hotel Ryan by the Joint ef
forts of the Woman's Civic League of St.
(Paul and the Minneapolis Improvement
league. One of these will be the entire
educational exhibit from the Pan-Ameri
can exposition, where it won a gold
medal. The other will show the develop
ment of industrial work through all of
the school grades and its fruits in the
commercial industries.
BROKE WITHOUT BULGER
bis Company Stranded When the
Comedian Left It.
The Matthews and Bulger company,
•which opened the season at the Bijou this
fall, and whl^h is well known through
previous visits to the northwest, has
come to grief at Dallas, Texas. Bulger
left the comipauy some weeks ago and
•went to New York to appear in "The
Bleeping Beauty and the Beast," a big
English spectacle which opened Monday
at Jacob Litt's Broadway theater. Without
him the company failed to make good.
(Business wa9 poor, and when they
reached Dallas the company was dis
banded. Mr. Matthews and his wife re
turned to New York and the other mem
bers of the company will probably follow
them, jusit as soon as they can get trans
portation.
LOANS TO SCHOOL DISTRICTS.
The state board of investment yesterrtay ap
proved of loans to school districts of the
State as follows:
„' '■ ■ School
County— District. Amt.
«oc k 3 $600
Chippewa 78 375
£°<*d •• 134 375
odd- •"• - 80 400
Freeborn . 44 • 7S g
Chippewa ". 77 800
Cobles .. 103 600
Nobles ...... 106 600
Blue Earth 157 gOO
vllle—Bird Island, independent...... 9 000
Polk, Independent 4 1000
Panamas of the "Reuben" Block
Straw hat styles for next year are "Just
tout." The new shape of the men's Pana
ma is a wonder. It shows an earnest ef
fort of the Panama hat to get back to the
first principles of construction and form.
The new shape is exactly similar to that
'worn in South American countries. It
resembles very much the form of Uncle
Reuben's straw hat years ago, immediate
ly after a rain storm had taken advantage
of its unprotected condition.
Imagine a wide brim exactly round, the
crown drawn to a point and them pressed
gently down half way until it has much
*h<? appearance of a cone with the top
©awed off and you have the shape of your
®Enameline I
Bl gge R jh E MODERN STOVE POLISH ill QUID
BOX BETTER
sam c BrOlfoniaeaaEaslly^ yeti
LIVING COST HIGH
Figure Larger Than Ever Before in
Country's Hißtory.
WILL THERE BE A REACTION
Local Student* of Social and Eco
nomic Conditions Differ on
That Point.
Dun's review for the week ending Nov.
9 says that the cost of living In the
United States has increased 9-10 of 1 per
cent for the month of October and 7 per
cent as compared with the same date last
year, and that the cost of living has now
reached the highest point of the decade.
In commenting upon this statement,
two of the professors of economics at
the state university do not exactly agree
as to what the status of the wage-earner
is under the increased cost of living and
the increased wage. Dr. Frank L. Mc-
Vey is of the opinion that while the
laborer 'is receiving a higher wage than
formerly, he is in reality getting a lower
real wage than at the opening of the
decade. Dr. W. W. Folwell believes this
to be true as far as salaried positions go,
but in the case of the wage earner be
lleveg that he is in all probability receiv
ing a better actual wage than at the open
ing of the decade. The laborer who then
received $1 per day is now receiving $2,
while, of course, the cost of living has In
creased also, but not to the same extent.
Will There Be a Reaction.
In speaking of the causes that operated
to bring about an Increase in the cost of
living per capita, Dr. McVey mentioned:
Increased wages due to increased demand
for labor and a resulting higher price on
account of an enlarged demand; short
crops, as seen in wheat of last year and
potatoes, apples, etc., in the present year;
arbitrary rise in price by combinations in
food products and a reaction from the
long period of low prices since 1893. Cost
of living has reached a high point and in
consequence there will probably be a reac
tion followed by a. falling off in demand
and lower prices. The laborer of to-day,
though he is receiving high wages, is re
ceiving a lower real wage than at the
opening of the decade.
Dr. Folwell'ai Analysis.
Dr. Folwell believes that the rise of
prices could not be attributed to any
single cause. The increased consum
ing power of the working people of the
United States, due to higher wages, has '
operated to bring about an increase in
cost of living. Their imaginations have
been affected because of the increased
wages and their demands have according
ly increased. All suppliers and dealers
work upon this and hence are able to in
crease prices without any trouble and
along many lines. But In the case of such !
goods as kerosene and steel products, the
producers endeavor to get large sales at j
moderate prices. Shortage of food,
products might operate to increase the !
cost of living as in the case of the potato
shortage, especially in the particular lo- I
cality where there was a big shortage, j
Again, the plentiful supply of currency I
has an effect upon the imagination of the
laborer and he is more willing to buy at
an increased price.
Dr. Folwell said: "The climax has not
been reached, for we have not reached the
culminating point of prosperity from
which we will descend Into the abyss for
the reason that the country is not loaded
with enormous debts arising from specula
tion. People of the country are not in
debt because of foolish speculation and
panic will not strike us until we become
itwolved in a mass of foolish debts. The
lesson for us is to keep out of foolish
debts."
"NEW CENTURY" COURSE
AXIi ARRANGBJMKNTS ARE MADE
Subscriptions Will Be Received Be-
Sinnlnir Next Thursday—
Thompson Comes First. j
In response to many inquiries it Is an
nounced that subscriptions for the New
Century lectures will be received at the
Metropolitan music store beginning next
Thursday morning. As these lectures
supply a field that will not otherwise be
filled this year, since the Institute of
Arts and Letters is not offering a lecture
course, it is expected that the subscrip
tion list will be very large. Subscribers
have the first choice of seats. All ar
rangements are now complete. The course
consists of eight lectures besides the
preliminary ones by Ernest Seton-
Thompson on Nov. 23. These two wild
animal lectures will be given in the
Lyceum theater; Plymouth church, where
the eight lectures of the regular course
are to be given, not being lighted in such
a way that it can be easily darkened in
the afternoon.
For the eight lectures the terms of sub
scription will be $3, $4 and $5. Including
the two Seton-Thompson lectures thej
terms will be slightly higher. A season
orogram of the course follows:
Saturday Afternoon, Nov. 23—"Wild Ani
mals at Home and in Sport," (especially for
children), by Ernest Seton-Thompson. Illus
trated.
Saturday Evening, Nov. 23—"Animal Minds
and Animal Heroes," Ernest Seton-Thomp
son. Illustrated.
Dec. 18 —Madame Sarah Grand, novelist and
lecturer, will discuss "Mere Man."
Jan. 3 —lllustrated lecture by Burton
Holmes on "The Trans-Siberian Railway."
Jan. 4—lllustrated lecture by Burton
Holmes on "The City of Peking."
Jan. 18—Miss Clara Morris, actor and wri
ter, will tell of "The Stage and the Actor."
Feb. s—Max O'Reil will deliver his new
lecture on "Peculiar People I Have Met."
Feb. 26—Hon. Henry Watterson will lec
ture on "American Socdety and Literature."
the career of John Paul Jones, the founder
of the American navy.
March 11—Dr. Henry Van Dyke, professor
of English literature in Princeton university,
will speak on "Moral Law In Art"
On a date to be announced Dr. Hamilton
Wright Mabie will appear with a new lec
ture on "American Society and Uerature."
new Panama; Just the kind that the South
American senor delight* In decorating
with a single feather from the tail of a
bald headed eagle.
The demand for the new shape is said
to be brisk—in some parts of the coun
try. Local dealers to use their own ex
pression are "leary of it." They say that
the nearest that the northwest has ever
come to It has ben the hats worn by the
occasional real thing Mexican who has
wandered this -way. They are buying the
old shapes principally and letting Panama,
the Original, conduct his own campaign
of education. Another thing that may
militate against the Panama headpiece is
the price—from $15 to $500.
111 r\ -j .~, . f _ , ... jffmumm^ .jtfgSgy Corner Nicollet and Third St. • \
Our Hat Style Leaders f m^rS^^ - >VeC"^theCeiebratcd T
: ' 111 ; for good DRE33ERS. < "jJ^r 'V * J^ . * JTf* STEIN-BLOCH CLOITKQ
tjf'fgSSl. The Heinrich Special at.... $3.00 dlSkrifl*^^ * A dJther Exclusive n«kes. \;' '
JLhN The Celebrated Hawes at.. $3.00 *%&&&*' ?__^Z^^ W^ &^&^^B*^miß^9^^ Made to our order by Celebrated wl| e .
, 4UB^£9* , we are sole AOENTs. HHBHBBBB^* I^^ sale tailors. (j. GFROERKR, Man4 r .
JgL ARE YOU READY? * THE BLOOM IS OK.
mHuHIBHL/:''N So is the weather; so's our overcoats. There are unmistak- ' wan ? U, r FU ar*d Winter i Suits are full of bloomin £ newnesa
lhlWn#fi .^fe able signs that the weather man is about to drop a large chunk of *ITV and stylish, broad sholders <, military or conservati\
wfi^HlLw cold weather right down in this vicinity. ' cut fancy cheviots, worsteds and twe:s in exclusive dark an
WssM WMSHWF^ Batter era into something warm-one of our big. loose Hgut tones, in newest plaid, stripe and check effects. \
liM^^||!B||B^ «ray rough overcoats— "The 'Varsity," "The Yoke," "The Ryton ' Here's a fine lot of cheviots in plain and fancy mixtures
IflPlMjgHj^l H • • or "Fullmore." There is lots of comfort and style in them— Also fine cassimere and worsted suits at '..."" \
S m not expensive either. tut? sn r*** «r/^r $10.00, $12.50 and $15.00;
I I <R7 sn <nm <M? sn n** £/^ viu.uu, biz.su ana did.uu.
B^Hf^BS *Pi •OUy %PiU *PIjZ.UU UI *PIO W. show, probably, th. handsomest patterns at these price 3
* 9IHi»H I • TT7-11 v ■■:...'•. i.v mi • i- c a- . to h. seu in Minneapolis. Of course, we show finer suits if you
B i ' WIU buy you an overcoat that will give you satisfaction in every wish hem-none better *
I-^4r?:'fv^^R • way- VVe uave naor coats, of course, but no better style, no rp, . «,'„■,,. : ,,'.- r i\'-V> '/■■".■
ffll^^fflHß: ' warmer or more durable. : r There ,18, more "snap" and "ginger" in our clothes than in the
l^liiiißß Come Here with VoUI Overcoat ldeas- and we will fit them. ordinary kind.
'HHIIB''' iv style, fabric and price. Any store for any kind of an over- YOUNG MEN SAY SO.
linßsfi W COat Tais store for good coats. YU(JI\(J Mcl\ bAY SO.
JmrnT UNDERWEAR. RAlie' C||jj|e 'D^I(PPC • ftl/4*E>f>A3fc
HI Hi ' If you have had trouble in finding satisfactory under- Wl|<9 <9UBI<J« KVVIVI «J$ VWvi Vlftlld
fUll HEI :-^. wear we can give you what you want. We have all *»*' ' *
\IEF 1 iß^P^^ proportions—all size's. The ribbed underwear, made . _; '
gk^PlßSk of the finest worsted yarns and full fashioned. Then Irish Frieze and Chinchlll* Reef- The new Automabile Overcoats—For young men 14 to 20
Iy||p^it *^r we have the flat underwear, full fashioned, in great ers— fit boys from 4to 17 years, years; the swell long cut just like the men's
ww^/ variety of colors and qualities and weights, in faot i n & \\ the wanted shades- strictly iv a ark Oxford gray frieze, and nobby .
. ;." . i' tc»'* our underwear department is the most complete here- all wool with high storm collars- f*nc weaves; just a dandy /tin i\f\ i^ cr' ~~\
■—ZIIZZIZI^ ™~T abouts, any grade or price from 50c to $3.00 per they are going fast; you will think .coat;you can't match 'em for .1/1/ <T F>W
1 ~ garment. ;. them cheap at 85.U0 ' /A <j (\ F less thau 12; extra special ..T^ iVY fe €Of
Fine Australian lamb's"wool in nat- Best quality Australian Wool Shirts and •5"00; for quick (t^# t/J Ploeit Norfolk Sults-2- piece suits W-A
ural gray, extra heavy, with English and Drawers — Shirts single and . g and 3-piece suits; ages 3to 17 years,
ribbed' ends-very soft, frlf\{\ double breasted, C/TC «*•*« Air Bo^_3 to 16 years; in w U e, and^a^.^l^S T A W^ /\
non-irritatng, per garment j>i. UU at and............... J>l*/O a heavy chinchilla, with storm col- best values we ever of <? Z fifl iWFy±*4\
r v,l U : Five shades in eftra heavy, double, L^fTl 1 •««» hw pearl buttons; g^« l™£?£Zs.*l>O •(/(/■ /fITHTIX
Camel's hair shirts and drawers, extra wool fleece lined Under- C/l^ f. om Saturday, as we have only a 'y a uruay AH F I 1
heavy, very serviceable, 4*l f\f\ wear. Special.. ............. uUC }™»te<l number rt ft*/ Q C Nobb Bluo Sailor Suit*—Sizes 3 [•*l\ I ■/[ \
pergarment J>I.UU w „ \Z ,■TT , ' left; regular $3.00 «7>/ # J/c5 to 8; elegantly trimmed, with silk //I tfc 31
We make a specialty of flue Union Underwear. garments tie; extra heavy ft* -g f\ /^ I 111 -fc-- '•A \
— - namly Suit, for the little tot,- Jg*^'Bs Wbife> tJ>/.Vt? O^iT Su
IA/ t n /id H/ia Si **£***+• Ages 3to 9 years; all new, snappy ley ia3C U/ /rNi»B a ar* TTI
YY lllLCr I 1 VclU Veil • . patterns; elegantly lined and floya' Sweart«-The new "Bos- 1/ .^rT^T
- _ ff« ' ■ ■ >-.*.# /i/i ' tailored; a regular tf»>3 /-| F" ton stripe," in fine all wool . wors- ILfr \\fi
For 50c. For $1.00. . aiOOsuit, *h]Z \fJj teds; all the fad for lads /I O jV VJvJ
Heavy, all wool Kerseys and Cheviots CT .. :;,.'' .■.: Saturday v^^«^«^ 3to 14 years. They have */Arj Si »
for the man that works'outside. Heavy, medium and light weight caps »» »** Pants s urts -size ß made a hit; at SKJ\*> || J f|
ior me niau worts outside. tQ gu - }t everyoae j n finest kerseys New line Boyi' Loaz Paats Su«s-sizes *"• «Wf P^s-In strictly 1.;.. \iW|
SanL n ß^e n°VeltieSfOrthemanthat chinchillas, silk plush and the new f^ouWasXPon^^e 'SSSSiSi'ISi 5S WO Boys' Kn..Pant S -ln strictly W W
w»uia Btyie. . •J.»^J;- ' Scotch novelties, automobile, driver, new fancy shades; double or single breasted, all wool heavy cheviots and cassi- ft rrl
Silk and satin lined, sewed with silk college, golf and ice yacht shapes. military or regular cut;- tt% Om g* meres; . they are for boys 3to 1a jam X'\ LU
throughout, made and finished like the They are the best money can buy. Sf £f^i™ •bO./O SST'eSriS WiS?JBt. 45C <S? " &
ones you are accustomed to paying Fur caps $1.00, $1.59 and $2. 50. price ....^ worth double. Saturday.......'.:..
■„ 75c for. . ~ ' , seal caps $4.00 and $7.00. . . .
I^_. ' r" Our Boys' Furnishing Departmeat is oao of the most complete In the city. Your every want suppiled.
BY SUPREME COURT
A Bunch of Eleven Decisions Was
Handed Down To-day.
SLEEPY EYE'S STREET CASE
The North-WcVitein Road \» Granted
a New Trial There—Stanoii- *
field's Note Caae. ' |
Eleven decisions were handed down by
the supreme' court this morning, the low
er courts being reversed in two cases.
No decision was given in the cases
against Fred A. Briggs, who will not
know his fate for at least another week.
The North-Western road gets a new
trial in the action brought by Michael
Pohl, of Sleepy Eye, involving the right
of the village to open a street across the
railway company's tracks to a width of
77 feet. The court toolds that it may not
operate the street wider than 66 feet, ex
cept on petition of all ownera of ad
joining property.
Lyman L. Stanchfleld, of Minneapolis,
went into bankruptcy and was discharged
July 8, 1899. Among his liabilities was a
note of $105, payable to John L. Smith.
After the discharge from the bankruptcy
Smith avers that Stanchfleld made him
a verbal promise that he would yet pay
the note. The Minneapolis municipal court
held that the debt was thereby revived,
and gave judgment for Smith. This is
reversed by the supreme court on the
ground thait no time was set for payment,
and Smith did not ask Stanchfleld to re
new the note.
Three St. Paul street laborers get judg
ment against the street railway. They
were sprinkling ithe streets on the night
of July 8, 1900, when a car running at
high speed hit them. Verdict* of the lower
court are affirmed, giving Joseph Lasch
inger $1,000, Patrick O'Brie» $250 and
Thomas O'Mara $50.
William J. Teal, a minor, employed as a
brakeman on the railway tracks of the
American Mining company near Virginia,
was injured by reason of a defective
brake. The evidence showed that the car
was turned over to the mining company
in a defective condition and that both
companies knew it to be so. The case
was taken to Hennepin county, and the
Bastern Minnesota demurred to the com
plaint. The supreme court overrules the
demurrer and holds that Teal has cause
of action against both companies.
The syllabi of to-day's decisions are as
follows:
Hennepin County.
Win. J. Teal, by Thomas J. Ryan, his guar
dian ad Mem, respondent, vs. The American
Mining company et al., defendante; the
Eastern Rally ay company of Minnesota, ap
pellant.
A railway carrier transferring a car of its
own to a connecting carrier for use upon its
line, owes to the servants of the latter the
duty of exercising due care in inspecting and
putting the car in a reasonably safe condition
for the proposed use. The negligence of tho
latter in receiving and using tho car cannot
relieve the former from liability for an in-
Jury to such servants caused by a defective
car negligently transferred by it Rule ap
plied and held that the complaint her»in
states a cause of action as to each of the
defendants. Order affirmed. —Start, C. J.
Minneapolis Municipal Court.
John I». Smith, respondent, vs. Lyman L.
Stanchfleld, appellant.
To revive a debt which has been paid by
judgment in bankruptcy, an oral promise ia
sumci«nt, but it must be clear and un
equivocal. If such promise is based upon a
condition, then it must be shown that euch
condition has been complied with.
In this case the maker of a promissory
note agreed to pay the debt, if the payee
would give him time. In the absence of proof
that the offer was accepted and a definite
time fixed, such offer did not lustlfy a finding
that the debt had been revived. Order re
w»e4L —Lewis, J.
l"f: Brown County.
Michael Fohl, respondent, vs. Chicago &
North-Western . Railway company, appel
| lant. ,-'. :.: ";. '."..V, '- ' -:'- - '
1. Prom an examination and consideration
of the record &nd proce<Klingß in this action,
It Is held that the trial court should, In
the exercise of its discretion, have granted
a new trial on the ground that the evidence
ia insufficient to sustain the verdict, and It
wu error to refuse It
The village of Sleepy Eye, Incorporated
by Ch. 86, S. . U 1878. 1» by the terms of
lta: charter ; controlled : and governed la the
matter of : laying out and opening 3streets
within tb* village Umlta by the gaaaral
THE MINNEAPOLIS JOURNAL.
statutes conferring upon town supervisors the
power to lay out and open htghways, and
is authorized to lay out and open such streets
to the width of 66 feet only, except when
petitioned for by all the property owners
adjoining the proposed street Ortier reversed
and new trial granted. —Brown, J.
Ramsey County.
Jonas Levine, respondent, vs. Barrett &
Barrett, a corporation, appellant.
First —Evidence considered and held sum
dent to support the complaint and -to require
a submission ol the issues in an action for
personal injuries ■ sustained by plaintiff in
! falling into an excavation adjoining defend
ant's building, u> ,-toe jury.
Second—Held, Otfl."the order of the trial
court refusing to grant judgment for de
fendant notwithstanding a verdict in plain
tiQ.'s favor was properly denied.
Third —Held, also, that there was no abuse
of discretion by the trial court in. directing
a n«w trial. Order affirmed.
—Lovely, J.
Traverse County.
Louis K. McClymond, respondent, vs. David"
P. Noble et al., defendants, Aaron T. No
ble, appellant.
Louis K. McClymond, respondent, vs. David
P. Noble et al., defendants, William E
Harrington, appellant.
In an action against unknown persons and
parties to determins adverse claims to real
estate under G. S. 1894, section 5818, held:
First—No order of the court for the serv
ice of the summons by publication 1b neces
sary.
Second—The fact that the named defendant,
who appeared of record to have some interest
in the land, was dead when action was com
menced did not prevent the court from ac
quiring jurisdiction, nor flid the fact that
one of the unknown parties was at the time
a resident of the state affect the jurisdiction
of the court to adjudicate the state of the
title to the land.
Third—The trial court did not abuse ita
discretion in denying the motion of the
grantee of such unknown party to vacate the
judgment and'permit him to answer. Orders
affirmed. —Start, C. J.
Ramsey County.
Hamm Realty Company, a corporation, re
spondent, ye.New Hampshire Fire Insurance
Company of Manchester, N. H., appellant
First—The rule adopted on the former ap
peal, 80 Minn 139, that a general Insurance
agency representing several companies, may
act for the insured in waiving notices ol
cancellation and thereupon at once issue a
renewal policy In another company carried
by such agency, followed and approved.
Second—Evidence of business usage and
conduct between such agency and the in
sured, considered and held sufficient to re
quire a submission to the jury of th« ques
tion whether authority to waive notice of
cancellation and to renew the insurance la
another company by the agency, had been
established.
Third—Where the manager of such general
insurance agency directs a clerk to cancel
a policy and write it in another company, and
the clerk acts immediately upon such direc
tion, as under the facts in this case, the
jury were authorized to find that the act
of such clerk was the act of the agency in
that respect.
Fourth—Where an insurance agent has the
right to waive notice of cancellation and to
select the company in which the renewal is
to be made and renews the same Bubject only
to the rejection of the insured, the renewal
policy constitutes a valid contract of insur
ance until the same is so rejected
Fifth-Where it is sought to prove an im
plied authority on the part of an ag*nt to
waive notice of cancellation for the insured
and renew policies by custom through usage
and business conduct solely, neither the in
sured nor insurer or their agents are au
thorized on the trial to give their conclu
sions or understanding as evidence of the ef
feet of the facts to establish such authority"
Order affirmed. —Lovely j
Good hue County.
John A. Graham, appellant, vs. Hefen O Gr*.
ham et al., defendants; Helen O. Graham et
al., respoa-dents.
v I irst-Evldence Inthla case considered and
held to sustain the finding of fact by the trial
court that the grantor in a "conveyance of real
estate, was mentally competent to execute the
same, as -well «a the further finding, that no
undue influence lhad been, exerclßed by th#
grantee to secure mich'conveyance, which
findings supported its conclusion, of taw that
Buoh conveyance was of legal force end effect.
second—Assignments 'of error, baaed upon
offers of proof, , wherein, it was attempted 'to
enow that a trust relation existed between, the
grantee and other helrs-«Waw of the grantor
nad been created by agreement,'held to be of
no avail, for the reason, that the grantor -was
not a party to the same and that the avowed
purpose thereof w&» to eecure a deed from an
incompetent person.' c ''■ : ■ ■'-'.
r Third—When competent evidence to Included
to a general | offer of proof that includes im
material matters, the trial court Is Justified
in refusing to permit the aame to be shown
and may exclude the entire offer.
Order affirmed. —Lovely, J.
Ramsey County.
Joseph Lashioger, respondent, va. St. Paul
City Hallway Company, appellant.
Patrick O'Brien, respondent, vs. St. Paul City
Railway Company, appellant.
Thomas O'Mara, respondent, vs. St. Paul City
Railway Company, appellant.
Evidence considered in a personal injury ac
tion, and held, that it sustains the verdict.
Order affirmed. Start, C. J.
Rice County.
Cora V. Terryll, respondent, vs. The City of
Faribault, appellant.
First—A former decision in .this case <50
Minn. 529) with respect to the sufficiency of
the notice of a claim for damages given pur
suant to chapter 243, L. 1897, followed.
SecondV—ln an action against a city or vil
lage for damages for injuries caused by a de
fective street, the injured party Is not limited
in his recovery to the amount claimed in his
notice given pursuant to chapter 243, L. 1897.
While that statute requires the notice to con
tain a specification, of the compensation
claimed, the injured party Is not concluded
by the amount stated therein, but may re
cover hia actual damages.
Order affirmed, —Brown, J.
Sibley County.
John Childs, as administrator of the estate oC
James I* Maxson, deceased, respondent, vs.
John J. Rue et al., appellants.
A warranty d*ad contained an agreement
on the part of the grantee that in considera
tion of the conveyance he would pay a cer
tain yearly amount to the grantors and sup
port and care for them during their Hve3.
Held, that the deed did not become absolute
until perforimar.ee of the agreement, and that
the grantors retained a Hen or charge upon
the land to secure such performance. Order
affirmed. —Lewis, J.
Houston County.
In ro petition of William Forster et al. for
laying out a public highway, Lewis Lilly,
appellant, vs. Board of County Commission
ers of Winona county, and Board of County
Commissioners of Houston county, re
spondents.
1. General Statutes 1594, section 18S3 to
section 1893 inclusive, as amended by General
Laws 1895, chapter 47, providing for roads In
more than one county, construed, and held,
that the notices therein provided are not so
inadequate as to bring the law within the
constitutional prohibition preventing the tak
ing of property without Just compensation.
2. When such road runs in two judicial
districts, notices of the presentation of the
petition are required to be posted only in
the judicial district wherein the petition was
presented to the court.
3. Evidence examined, and held, that the
trial court was justified in finding that the
notices were properly posted.
4. Th« filing of the report by the commis
sioners is In the nature of a complaint In a
civil action, and all persons interested may
appear at the date of confirmation and be
heard upon the merits as to the necessity,
feasibility and propriety of the road.
5. Held, that at the hearing on conflrma-
A MAN WHO LIFTED FIVE TONS.
A Chicago Man Who Knew How to Do It.
J. H. Binder is a big man, but not over
grown; neither is he a dime museum
freak nor a trained athlete. He is simply
a good, hearty stout fellow who found out
how to eat for strength. Of course, he
didn't lift five tons with his arms, nor
with his back, but he made his big lift
with each one of the thirty principal
groups of muscles, and the sum of all his
lifts equals a little more than the sum
of 10,000 pounds. When questioned about
his diet and habits of life, he declared he
found no food equal in strength-giving
properties to a certain dextrinized cereal.
manufactured by the Battle Creek Sani
tarium Pood Co., known aa Toasted Wheat
Flakes, sweetened with Malt Honey. Tbe
crude wheat taste which most people seek
to hide with cream and sugar is removed
(by treatment with Malt Honey, the most
delicately delicious of all sweets, pro
duced by a newly discovered process bor
rowed from the laboratories of honey
producing plants and which adds both nu
tritive properties and digestibility. Oat
meal mush and other soft, half-cooked
cereals make sour tsomachs, weak
nerves and muscles. Toasted Wheat
Flakes, sweetened with Malt Honey, used
either moist or dry, builds brains, boneß
and muscles faster than any other food,
while keeping the stomach and bowels in
an active condition. It is ready to serve
at onoe from the package. Every package
of the genuine bears a picture of the Bat
tle Creek Sanitarium. i
FEIDAY EVENING, NOVEMBER »190t.
tion the trial court passed upon the question
of the necessity, feasibility and propriety of
the road.
6. Whether or not the orders of confirmation
PERVERSITY OF THE "BIRCH"
W. E. Hale, former county attorney, is
not an enthusiastic canoeman. He is con
vinced that "for ways that are dark and
ways that are queer" the birchen canoe is
peculiar.
'Mr. Hale's sudden and unconquerable
aversion to a kind of craft which furnishes
delightful diversion for others more pro
ficient in its use is due to his determined
but unsuccessful attempt to master a
canoe one day last week at Spirit Lake.
The canoe was as refractory in his hands
as a buckißg broncho with a tenderfoot.
It finally ran away with him, much to the
alarm of the other members of the party,
who lost track of him "for quite a while."
Mr. Hale had his eyes on a certain duck
pass at one end of the lake, and, believ
ing that it would be a strategic point from
which to bag a few ducks, he headed the
canoe that way, alone and unaided, leav
ing the other members of the party, in
cluding his son, Frank C. Hale, to follow
along shore afoot.
Those at all familiar with canoeing
know that while it is a very easy matter
for most anyone who has learned the art
<©> S. JACOBS &CO A
f y^-^X JEWELERS, lPß|i
I /^ >l 618-620 NICOLLET AY. v8&!s80/
—iiim^'^^'^ I That are reliable timekeepers, at prices to suit the most careful
- ■■' ■" buyer. Special lnducoment» to move surplus stock. .-^
thinem r ndT iirat. eci'ns ld 12-?^ 59° F oßt unlc«ue designs. Gilt. Bronze ana
Sim'SlSr ce li,SS v.. .d. Wal" $9.50 Verde Boudoir Clocks, see them.
16 Size, 20-year, filled watch. <£O QA $2« $3. $4, and $5.
Elgin and Walthammovem't »OiaU A splendid variety 8-day Seta Thomas Man-
Ladles' 0 size, 20-year, filled watch, Elgin tel Clocks, to cose out,
™nFu &lth*m. moyo: $1 1.90 $3.50, $4 and $5.
20-Year, guaranteed, niled watch, P.B. Bart- i°? Iroold and bronze trimmed Ansonla
lett. 17 jewel, adjusted Waltham tf» <f R' B"*>' M*?E? l Uooks. all uew designs.
movement S>IO .; ■ / $5, $6, $7, to $10.
Ladies' 14k solid gold watch. A 1 ly KA New Importation Brass and Onyx Frenoh
Hampden movement IPX/«OV Megulators. mercury pendulum. "The snap-
Bolid gold enameled chatelain Watches, piest clocks ever shown.
Umerts°. matCh guaranteed $15.00 18 2025 to $30.
TttnrA"a«'«nrVm«nf"V<.'Hi'o«» Hi m r™A e««- s very handsome Rnprllsh Hall Clocks. 8 and
\vltX£ in o In^i i H dUmon<l S fe' 9 fe«t nln beautiful hand caryed mahogany
c2ilhratAi) gold Howard Watohes, aISO the Whlttinftton or silent, strikes quarters and
celebrated Longlne and Agassy atches- hours. We will sell one or two at Tery olose
Specially adapted for presentatipn gifts. | figures, as we are pressed for room.
Wo have the largest repairing trade In the city employing four flrxt-cla*s watch and clock
makers of years' experience. A trial will add you to our list of customers. Telephone
and we call for your clock. .»
The Larg-e £««-« «• AsS I
Percentage of %^QAA VflE
effected at the Hinx Medical Institute U due to, Fir#t—That one Doctor *''
examines and treats the patients exclusively. Second— no patent I!
and "all cure" remedies are palmed off on patient*. Third— the!
very best obtainable vegetable remedies are being dispensed, eon-HI
pounded and furnished to patients by the Doctor In person. Fourth— B
That It Is the largest and best equipped riedical Institute of It* kind In I
nianeapolis. Fifth—That Its business rules and principles are fouaded ■
UPON HONOR. Sixth—That Incurable cases are not promised a cure. S3
INVESTIGATE before taking treatment elsewhere. I
Bjjßßyk JSBSBIi ■ _ Who think they areafflloted with I *'
in^»Hni «CM Jl I 1 "LOST MjLNJHbOD," Exhausting f^^^V^l
bSbM W BbbH asa&m ■ flaiDm&tlonof?hesli»™di.f JnVrtld- J ._^_ 9
„«,. W1 Kwr. i /TT. r Cammatlonof the Bladder and Kid- *Eif^SL S
P»y«. Iy.£olor}d U» ri PSfr lmpot-BC?«^M P°yi'»tllI1« Memory, n *VI
t<w«of AmoJ«o». Mtntal Worry, remit! of hmii utd ofenrork; Plleg, lAnik. M
ZX\XJ?«\ tiLV^ftlf* *i* ni oiP^*'?* 1. asataior other weakn««, Ifflm sfff
WUlch abiolutalr unfit th«m for Btudy,Buiiceu.P|e«iure or Slarrl»g«: who J^^yX .
TDCATCH Th«r« not be much lh« matter with theni, Or. noi.««r v.^im*^
111 Eft I E.IJ rniwor will uaulae you iad r«ud«r anTj'onei Poc>or y*"»^«^'
" " Z!fr ■ ?m~ opinion, wbloh Mr mre yon » rnt deal of worry " ■
Aii || AHQ Cfl f-d your moft«r tor uM«o«e»%ry medldaei bMl«f«. Mautu* I
»l«M»i. &keunaO«m. S«r««. •wI!U«.. DUfliarßc-a. «*oorrh«ll OUrt I
and OooidenHoiu 8«r>loe, B««ioa«bl» Cliargei. Incurable o«sei not promlief to our* AU B
L^iii.%TiTOt"^ife^?Ar ntlml »»•*—• «»—fi i.t^ti. |
HINSS MEDIGAL INSTITUTE 47-t^ w-«h-,ftr- § -' I
gOPH^t to U>toßat 7to I:» p. m. BaaUji and Holff>yi 10Pk> it^X P
fn such a case may be reviewed by an appeal
from a judgment entered in a trial upon the
issue of damages is not decided. Judgment
affirmed. —Lewis J
of balancing to paddle along fairly well
in still water, it is quite a different propo
sition when wind and waves combine
against you.
That was Mr. Hale's fix. He failed to
take into consideration the fact that the
elements were against him. He battled
heroically to make the pass, but In spite
of him the prow of the canoe kept head
ing about three points off. Mr. Hale pad
dled desperately, first on one side and
then on the other, and in his despair
quite forgot how to use his "dip" in order
to keep his bearings.
After a half hour's fl'ght he was quite
worn out, and gave up the unequal fight.
He said things about canoes in general
and, lighting a fresh cigar to calm his
nerves, let the cranky craft drift he didn't
care where, once he got another chance to
walk.
The canoe drifted Just seven miles to
leeward and when the attorney sot back
to camp after a ten-mile walk around
shore, thoroughly exhausted, he found hi*
friends about to organize a search party,
convinced that he was drowned.

xml | txt