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The Minneapolis journal. [volume] (Minneapolis, Minn.) 1888-1939, November 02, 1906, Image 10

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

Persistent link: https://chroniclingamerica.loc.gov/lccn/sn83045366/1906-11-02/ed-1/seq-10/

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E
.Telephone Us.
We deliver.
Nothing Has Stirred the Men of Minneapolis So Much
In Years as Did Our Announcement
In Wednesday's Papers.
It seems hardly credible that a man can buy a strictly
high grade/made-to-order Suit or Overcoata gar-
ment that no tailor would make for less than $40and
have it altered tofitfree of charge, for only $10. But
that is exactly what is offered at this
Great Opening Sale Saturday
-OF TMI-
Tailors' Misfit Exchang
No. 4 Third St. South
Owing to the fact that we open a week earlier than
we originally intended to do, a big lot of goods con-
signed to us from other towns have not yet arrived.
So our
Oponing Sale on Saturday
will consist of 234 Finely Tailored Garments.
THINK OF IT!
234 High Class, Made-to-order Suits and
Overcoats, Altered to Your Exact Fit Free of
Charge at prices like this:
LO I This lot consists of 40 coats and
vests, made to sell at $12, sent to us on
consignment and will be sold quickly at
LO 2Coat, vest and trousers, good
materials, and would sell ordinarily at
$18. We shall sell them Saturday at..
LO 3Suits and overcoats, fine quality
linings of good materials, $22 values to
go at only
LO 4A fine
collection of the best
suits and overcoats to be found if
your size is herea bargain at..
LO 5 -Here is a lot you must see to
Venetian satin lining, finest cloth
and workmanship, values
to $60,
Each and every one of these garments was made to
special order for a customer who failed to make good.
They were consigned to us by the best tailors in the
northwest for peremptory sale, and for that reason
and that reason onlyis it possible for you to obtain a
High Grade, [email protected] Suit or Over-
coat for About a Quarter of its True Value
Come Saturday and get one of the greatest
bargains ever offered themenof Minneapolis.
Tailors' Misfit Exchange
4 THIRD ST. SOUTH.
WHAT TO DRINK.
APRICOT M4IW^a,"Eft2S.r 75o
Fall quart bottles
WHITE TOEAT WMESI^
h0i
IMPERIAL WUhS-i&88 te**.2W.86
nftftfif A 6 DVPA Whiskey you pay others $4. Oar 04B tffeA
llUUUlllld III fc price the very lowest, per gallon 90iUU
BURKE' S OL TOI mr*S&SfS2J?...7'mo
CALIFORNI A PORT
WIKEi?rYear ^o
BAISEYS SCOTC WHISKEY
SPRING HILL BOURBO N a,^
'S ST. LOUIS BEE
Six Old.
Per gallon..
Per bottle.
Regular $1.25.
-24 quart*, 36 pints.
Per case....'....'.
WEIL'S
TWO STORES OP "BVHRYTHINQ DRINKABLE" &
3$ and 41 So. 3d St. 42 and 44 So. Mil W
Why "half-advertise" It? A Journal want ad will fully advertise It.
"""'Y'"r
$2.0 rk
Tf
SI.00
$1.10
$4.50 $2.25
Mail Orders
Filled.
DAUGHTERS CU OFF
ipmOFSCULLY
Three* Children Disinherited1
by
'Former Lord Who Left
'^?-9
Millions.-'"_*- *$
Fift
Journal Special Service.
Washington, Nov. 2.The will of
William Scully, otherwise known as
"Lord Scully," said to have been the
largest owner of real estate in America,
was filed here for probate. The de
ceased held the largest tracts of lands
in Illinois, Missouri, Kansas and Ne
braska. His estate is estimated as
high as $50,000,000. Mr. Scully total
ly disinherits his three daughters,
Mary, Julia and Kathleen, in language
as follows:
I leave my three daughters by my
first wife, Mary and Julia, both of
whom, as I hear, have been married,
and Kathleen, and to their children and
their descendants and each of them,
nothing whatever, my will and mean
ing being absolutely and entirely to
disinherit all and each of the three of
theni and their descendants. I do this
for superabundant reasons, which I for
beaT to particularize here.''
The ban is lightened as to the young
est daughter, Kathleen, whom the tes
tator recommends to the kind consider
ation of his widow, but leaving the lat
ter free and unfettered as to what ac
tion she may take.
The testator approves and confirms
all gifts and conveyances of property
and rights of a nature made to his
son, Thomas Scully, and his wife, I).
Angela Scully. All his lands, none of
which are outside of the United States,
are devised absolutely to his wife, E.
Angela Scully.
Supreme Court
Minnesota Debenture company, respondent, vs.
United Real Estate corporation, appellant.
Syllabus: Where a prior tax sale has been
adjudged void, the lien of the sjate for such
taxes, Interest, penalties and costs, becomes
revived but does not accrue and become de
Unguent, within the provisions of the second
subdivision of section 1602, General Statutes,
1894, until the state has taken steps to en
force its lien by including the same in the taxes
of the current year, or as provided by law.
When the purchaser at a tax sale, or an as
signee of a state tax certificate, takes steps
to perfect .his. title thereunder, he is not re
quired to insert in the notice of expiraiton
of redemption the amount of the state's lien
arising from such prior void tax sale.
Order affirmed. Lewis, J.
Calender-Vanderhoof company, respondent, vs.
Chicago, Burlington & Quincy Railway com
pany, appellant.
Syllabus: It being a hazardous and unusual
proceeding to ship apples in bulk in box freight
cars from the state of New York to Minne
apolis, Minn., during the month of November,
owing to the liability of encountering cold
weather,, a connecting railroad at Chicago, over
which the car is routed to the point of de
Uvery, is not required to anticipate that a car
of apples so loaded wUl be delivered upon
its yard tracks and be prepared to take ex
traordinary precautions to protect the fruit from
frost.
Under the evidence, if true, appellant exer
cised reasonable care in receiving and for
warding the fruit and it was error to instruct
the jury that they might consider whether ap
pellant was required to immediately transfer
the fruit to another car, or send the car to a
roundhouse.
Th fact that the shipper packed and shipped
fruit In the manner indicated, at that sea
son of the year, did not constitute contributory
negligence so as to preclude recovery for such
damages as appellant might have prevented in
the exercise of reasonable care.
Order reversed. Lewis, J.
Mary Becklln, appellant, vs. Godfrey Becklin,
respondent.
Syllabus: FirstChanges made by a revision
of the statutes will not-be regarded as alter
ing the law unless It is clear that such was
the Intention, and if the revised statute is
ambiguous, or susceptible of two construc
tions, reference may be had to prior statutes
for the purpose of ascertaining the Intention.
SecondSections 8579, 4111, 4112, Revised
Laws, 1905, made no substantial Change in the
law as to the service by publication of the
summons in an action for a divorce.
ThirdAn affidavit in such a case showing
that, personal service cannot well be made, and
containing the statements required by section
4111 with the return of the sheriff that the
defendant cannot be found, is sufficient to
Justify the making of an order by the court
directing service by publication and to author
ize the publication of the summons without
any, further affidavit after the order has been
made.
Order reversed. Start, O.J.
Joseph Devlin and Frank Stoppel, appellants,
vs. Irving W. Fox, respondent.
Syllabus: Held that the verdict herein is
sustained by the evidence and that no reversi
ble errors were made by the trial court.
Order affirmed. Per curiam.
Personal
injury action,
a
Charles F. Northrup, respondent, vs. William
W. Hayward, appellant.
?Jlla^S.s
tbi
I
held: That the evidence is sufficient to sustain
a verdict to the effect that the plaintiff's inju
ries were caused by the negligence of the de
fendant and not by that of an independent con
tractor that the trial court did not err in re
fusing a new trial on the ground of newly dis
covered evidence and further, that the damages
as reduced are not excessive.
Order affirmed. Start O. J.
American Hardwood Lumber company, respond
ent, vs. Joannin-Hansen company, appellant.
Syllabus: Firstthe proper tribunal to 'de-
termine whether a garnishee may be qharged
as such on the facts of his disclosure is the
the garnishee action Is pend-
court in which
ing.
SecondBlair
and Harrey TS
TS. Hllgedlck, 45 Minn., 28,
Railway company, 50 Minn.,
405, to the effect that the pendency of a gar
nishee action constitutes a defense by way of
a plea in abatement in an action by the gar
nishee's creditor to recover the debt sought to be
I reached by the garnishment proceedings, and
that the proper practice in such cases is for the
court to order a stay of proceedings in the ac
tion to recover the debt, pending the determi
nation of the liability of the garnishee in the
garnishee action, followed and applied.
Order reversed. Brown, J.
Bryan O'Rourke, respondent, vs. German Insur
ance company of Freeport, III, appellant.
Syllabus: Where after a loss under a stan
dard fire Insurance policy the parties proceed and
appoint referees to arbitrate the amount of the
loss and the arbitration fails because of the
arbitrary and unjustifiable refusal of the referee
appointed by the insurance company to act in
the selection of an umpire. and the Insured
thereafter notifies the Insurance company of the
fact and requests ^that It join In the selection
of new referees, which request is refused, the
company thereby waives'its rights under the
policy to have the amount of the loss deter
mined by arbitration. The fact that the in
sured in the meantime repaired the building Is
Immaterial.
Order affirmed. Elliott, J.
Fred Tozer and David Tozer, Jr., as administra
tors, etc.,of David Tozer, deceased, respondents,
Ocean Accident and Guarantee corporation,
appellant. Syllabus: Evidence sufficient to sustain the
allegations of the complaint, which, upon a
former appeal, was held to state a cause of ac
tion. 94 Minn.. 478.
Certain assignments of error reviewed and
found to contain no error.
Order affirmed Lewis, J.
W. H. Williams, as receiver of the property of
Gustave Kemper, respondent, vs. Louise Kem
per and Gustave Kemper, appellants.
Syllabus FirstA subsequent creditor cannot
avoid conveyance by his debtor merely be
cause It was made with intent to defraud, ex
isting creditors. A subsequent creditor to
avoid, such a conveyance. must allege-- arid prove
fapts'shotting that. Irs purpose was'or1
its'effect'
wlirtfe-to defrauia him.
SecondA transfer of real or personal proper
ty by a debtor to a third party to be held in
trust for his use and benefit is void as to exist
ing and subsequent creditors.
ThirdIn an action in the nature of a cred
itor's suit to subject property so held In trust
for ihe debtor if It Is alleged in the complaint
i mil ii immciwm*wawu^iM,maimmm,l,mmmw,M IMI.IIITI I in in i ill, i imMtt,immMIMj^^m^.JiJt^.i\ii'j
THE MINNEAPOLIS JOURNAL.
HARRY MITCHELL'S
EDITORIAL 'f\
C0HCERHING THANKSGIVING
Wherever you spend Thanksgiv
ing Day look the prosperous part.
Don't tog up with hand-me-downs
and feel like an apology because
your clothes don't fit you.
You can solve the correct dress
question for $15, $20 or $25. I am
showing a larger selection of win
ter fabrics suitable for the extreme
cold, weather than all the tailors in
Minneapolis combined, and I'll make
you prices on them that will make
your hair curl with joy. My per
sonal guarantee of fit and satisfac
tion goes with every -order.
I am thankful I can sell such good
values and you ought to be thank
ful you can buy them. The satis
faction you will have in a new out
fit made to order will be fifty times
more than the cost.
An order tomorrow will save you
the extreme rush that I know I will
have before Thanksgiving.
Yours truly,
HARRY MITCHELL
Store310 NICOLLET AVE.
OUT-OF-TOWN MENWrite for
samples and self-measurement blanks.
I can fit you no matter where you
live. I guarantee perfect satisfac
tion. I can make your clothes as well
as the city chap's and have them
ready for Thanksgiving Day. I pre
pay all express charges before my
goods leave the store, and that puts
you oh the same footing as though
you lived in Minneapolis. I like coun
try orders, and I give out-of-town
customers as good attention as I do
to any of my city customers because
whenever I get an out-of-town cus
tomer I can keep his trade all the
time. Write today and I will mail the
samples and self-measurement blanks
to you by return mall, and then if you
like to order you can have your
clothes for Thanksgiving or even soon
er. Try a Harry Mitchell suit or
overcoat once, and you will never
wear hand-me-downs or a country
tailor's make because I have the right
goods, right cutters, right tailors and
right prices. My guarantee of abso
lute satisfaction goes with every or
der, and your money Is ready any
time if you aren't satisfied. Address
your letter to HARRY MITCHELL,
310 Nicollet Ave., Minneapolis, Mlnnr
that the creditor has recovered a judgment
against the debtor, and that an execution has
been issued and returned UBBatisfled, it is not
necessary further .to. allege?that the- debtor is
insolTent and has'no other'property from whieV
the Judgment can be paid.
Order affirmed. Start, O. J.
Joseph W. Davies, administrator of the estate
The most eminent writers on Materia Medica, whose works are consulted as
authorities and guides in prescribing by physicians of all the different schools of
practice, extol, in the most positive terms,, the curative virtues of each and
every ingredient entering into Dr. Pierce's Golden Medical Discovery. In fact
it is the only medicine, put up for sale through druggists for the cure of all dis-
eases of the mucous surfaces, as nasal catarrh, throat, laryngeal, and bronchial
affections attended by lingering, or hang-on-coughs that has any such professional
endorsementworth more than any amount of lay or non-professional testimonials.
Do not expect too"r|uch from the use of Dr. Pierce's Golden Medical Dis-
covery. It will not wo/k miracles^Jft will not cure consumption in its ad-
vanced stages. No Bi^icinejwHr N4r is the "Discovery" so good for a sudden
attack of acute^6*ugh, biriTfor theAingerin^, ob8tinatet hang-on-coughs, ac-
companying y^Errhal. throat. larvi^ea| and rjpnchial affections, it, is a moslj
emoacjous^medv. Incases acconapamed with wasting of flesh, night-sweats,
weak a^8^H^^r^Lpft/ digestion with faulty assimilation, and which, if neg-
lected^n/badly treated are apt to lead to consumption, the "Discovery" has
pro^u'wonderfally successful in effecting cures.
Besides curing all the above distressing
aliments, the "Golden Medical Discovery
is a specific for all diseases of the mucous
is. Even in its ulcerative
win yield to this sovereign rem
edy If Its use be persevered In. In Chronic
Catarrh of the Masai passages. It Is well,
while taking the "Golden Medical Dis
covery" for the necessary.constitutional
treatment, to cleanse the passages freely
two or three times a day with Dr. Sage's
Catarrh Remedy. This thorough course
of treatment generally cures the worst
cases.
If Tou have bitter or bad taste In the
morning, poor or variable appetite, coated
tongue, foul breath, constipated or irreg
ular bowels, feel weak, easily tired, des
pondent, frequent headaches, pain or dis
tress in "small of back," gnawing or
distressed feeling in stomach, perhaps
nausea,, bitter or sour "risings" in throat
after eating, and kindred symptoms of
weak stomach and torpid liver, no medi
cine will relieve you more promptly or
cure you more permanently than Doctor
Pierce's Golden Medical Discovery. Per
haps only a part of the above symptoms
win'be present at one time and yet point
to torpid liver or biliousness and weak
stomach. Avoid all hot bread and bis
cuits, griddle cakes and other Indigestible
food and take the "Golden'Medical Dis
covery" regularly and stick to its use
until you are vigorous and strong.
Foul, impure Dlood can be made pure
by the use of Dr. Pierce's Golden Medical
Discovery. It enriches and purifies the
blood thereby curing, pimples, blotches,
eruptions and other cutaneous affections,
as eczema, tetter, or salt-rheum, hives and
other manifestations of impure blood.
In the cure of scrofulous swellings, en
larged glands, open eating ulcers, or old
sores, the "Golden Medical Discovery has
performed the most marvelous cures. In
cases of old sores, or open eating ulcers,
it Is well to apply to the open sores Dr.
Pierce's All-Healing Salve, which pos
sesses wonderful healing potency when
used as an the sore in con
1Mscovery"applicationdtocleansingsconsti-
unction with the use off"Goideh Medical
as a bloo
tutional' treatment If your druggist
don't happen to have^the "All-Healing
Salve in stocks-you caf|-easily^procure it
by enclosing fifty-four scents in postage
stamps to Dr. R. V. Pierce, 663 Main St.,
Buffalo, N*^Y., andit Will come to you by
return post. Most druggists keep it as
well as-the^Goldett Medical Discovery."
Not only does the wrapper of every
bottle of Dr Pierce's Golden Medical Dis
covery the. famous medicine Jor weak
stomach, torpid liver ci biliousness and
all catarrhal diseases Wherever located,
have printed upon it, fo'plain English. &
full and complete list of all the ingredi
ents composing it, but a small book has
'\n November 2, 1906.
f*
of Henry W. paiies, deceased, respondent, TS.
Charles W. Johnson, appellant.
Per CuriamOrder affirmed.
William F. Roebuck and Frederick A. Roebuck,
copartners as Western Manufacturing com
pany, respondents, TS. John Stephenson and
A. A. Ness, appellants.
4 Per CuriamOrder affirmed.
DOCTOR'S ALL AGREE
THIS TIME.
been compiled from numerous standard
medical works, of all the different schools
of practice, containing very numerous
xtracts from the Arltlng&i^f leading
practitioners of med/cine, endorsmgin the
strongest possible icrm, each awl every
ingredient contained in Dr. Plerae's medi
cines. One of ttfese little books will be
mailed free to/fny one sending address on
Sluffalo.
ostal card orby letter, to Dr. R.V. Pierce,
N/Y.. and requesting the same.
From thl/UUle book/it will be learned
that D/T PlW)| medicines contain no
alcohol, n/rwtlcSNafneral agents or other
fheylafes
oiso/qu or injurious agents and that
made from native, medicinal
rootfof great value.
Some of the most valuable ingredients
contained in Dr. Pierfce's Favorite Pre
scription for weak, nervous, over-worked,
"run-down," nervous and debilitated
women, were employed, long years ago,
by the Indians for similar ailments affect
ing their squaws. In fact, one of the
most valuable medicinal blants entering
into the composition of Dr. Pierce's Fa
vorite Prescription was known to the
Indians as "Squaw-Weed." Our knowl
edge of the uses of not a few of our most
valuable native, medicinal plants was
gained from the Indians.
As made up by improved and exact pro
cesses, the "Favorite Prescription" is a
most efficient remedy for healing ulcera
tions, regulating all the womanly func
tions, correcting displacements, as prolap
sus, anteversion and retroversion, over
coming painful periods, toning up the
nerves and bringing about a perfect state
of health. Sold by all dealers in medicines.
It's an insult to your intelligence for a
dealer to endeavor to palm off upon you
some nostrum of unknown composition in
place of Dr. Pierce's world-famed medi
cines which are OF KNOWN COMPOSI-
TION. Most dealers recommend Dr.
Pierce's medicines because they know
what they are made of and that the in
gredients employed are among the most
valuable that a medicine for like purposes
can be made of. The same is true of lead
ing physicians who do not hesitate to
recommend these medicines, since they
know exactly what they contain and that
their ingredients are the very best known
to medical science for the cure of the
several diseases for which they are rec
ommended.
With tricky dealers It is different.
Something else that pays them a little
greater profit will be urged upon you as
"just as good," or even better. You can
hardly afford to accept a substitute of
unknown, composition. and without any
particular record of cures in place of Dr.
Pierce's medicines which are OF KNOWK
COMPOSITION and have a record of.forty
years of cures, .behind them. You know
what you want and it is the dealer's busi
ness to supply that want Insist upon tt,
Defective Page
TOMORROW IS THE DA
TO i ORDER A
FOR THANKSGIVING
EXTRAORDINARY SPECIAL
swllest materials that were ever laid on
any tailor's table, beautiful in pattern, la
test in style, worth any tailor's price $60,
$65 and $70 my price for tomorrow
Thousands of yards of the very finest fabrics, suitable for the
extreme cold Winter weather, on sale tomorrow, worth
$30, $35 and $40 my price,
My guarantee of perfect fit, latest style, best workmanship and
finest trimmings goes with every order, or your money back.
grfSlior. Store, 310 NICOLLE AV.
OUT-OF-TOWN MENIt will pay you to be well dressed In made-to-order clothes. All you have to do is to write to
me for samples and self-measurement blanks. I guaran tee perfect fitting clothes no matter where you live, ana
the prices are quoted exactly the same as though you lived next door to me. I pay all the express myself, and if any-
thing doesn't please you, you can have your money back' and I'll pay all the expenses. I only wish that the out-of-
town men would appreciate made-to-order clothes as well as the city folks do, and If I could only make them understand
that I can fit them equally as well as though they were in my store, then I know I would have to have still larger
quarters in order to turn out the work. Try my idea and have your clothes made to order. You have been buncoed
long enough by those hand-me-down fellows. Tou don't want to look like a Jay or Hoosier In those country clothes.
You "can gain more in appearance, fifty times over, than what the. clothes will cost, you if you have, them made to your
measure. Don't go to those agents and have them order the clothes for you, and pay them-a big profit, send away to
Chicago and then have them made in some sweat shop. W rite to me yourself, and deal direct with the man who
likes to please you. Get your measure on my books and you will never have no worry after that. Write today. Ad-
dress your letter to HARRY MITCHELL, 310 Nicollet Ave., Minneapolis, Minn.
FREE
#$3$SS^88888$^
$30,nd$3e5eryothsverrfothe,businestmenlsuitablbesdsantMaterialfinesprofessiona
ITCHELL
MEAGHER CLOTHINGCO.
Third and Nicollet.
Does This Weather Force
an Acknowledgment of Tonr
Need of an Overcoat?
^H cold north winds are
i slowly but surely be
ginning to make most
people very thoughtful on
the subject of the new
orereoat for winter.
Overcoats at $15
Here's something you've
never quite heard of before
a hand-tailored orereoat
that is just as good in both
workmanship and material
as the one a custom tailor
would charge you $25.00
for. This is a positive fact.
We don't rely on the words
of otherswe're seen for
ourselves.
On Fur-Lined Coats
We can save you from
$5.00 to $10.00
A.0LS0N&C0.!
227 NICOLLET AVE. Mill
Double amount of M. & O. Trading Stamps
with all cash purchases of S 1.00 or over if
you30EXTRA
bring this coupon Saturday, and
The correct Suit and Overcoat Store for Men, at Money Saving Prices.
$8.50, $10, $12.50, $15, $16.60, $18, $20, $22.60, $21.
No Misrepresentation Allowed in Selling Our Goods.
We Stake Our Reputation On What We Say.
M & G. Trading Stamp Books
including 50 Stamps given away
Saturday. (Call and get one
Absolute satisfaction guaranteed or your money back.
ANDREW OLSON. A. A. M. CARLSON.
Correct Tailors, Hatters, Furnishers and Good Clothiers.
227 Nicollet Ave. Near Wash.
Much of the drawms: power of a Journal want ad depenas on the. way it
is worded. It is always well to tell as much of the story as the reader will 4
&'- care to know. This brings him In closer touch with your proposition at the 4k
outset, and makes his investigation,more.likely. ._
W'l
i!
3
1% 1|
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