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The Washburn leader. [volume] (Washburn, McLean County, N.D.) 1890-1986, August 30, 1890, Image 3

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Persistent link: https://chroniclingamerica.loc.gov/lccn/sn85000631/1890-08-30/ed-1/seq-3/

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!&. «S,, Jndge Bose of Jamestown Files a
Decision In the Valley City Orig
%'i I*
inal Package Case.
fie Holds that the Prohibition Law
When Enacted was Un
a a S O a a a
t* Bnt Contents Must be Drank
Off the Premises.
Judge Base's Decision.
ST. PAUL, Aug. 21.—A Pioneer Press
special from Jamestown, N. D., says:
Judge Bose filed a decision in the Barnes
county original package case to-day,
which was argued last week. In view of
a probability that the original package
business will continue until the next leg
islature meets in both the Dakotas, the
decision is of great interest to the north
west inasmuch as it defines under what
restrictions the original package business
might be carried on prior to the passage
of the Wilson bill. The title of the case
is The State against John Bergren. The
defendant is an original package dealer
in Valley City. The complaint alleges
that he sold liquor in violation of the
prohibition law in selling in original
packages, and that under said law his
plaoewas a nuisance. An order was
therefore asked restraining him from
further selling. The defense contended
that the law was unconstitutional, and
when enacted, and is still a nullity. Judge
Bose holds that the law when enacted
was unconstitutional, as congress has
sole power to regulate commerce be
tween states, and the legislature at the
time of the passage of, said prohibitory
law was without power to pass such law.
He says the act was void when passed,
and inoperative in so far as it prohibits
the importation and sale of intoxicating
liquors. The judge declined to pass upon
the claim that the law is still a nullity
for the reason that the acts complained
of were committed prior to the passage
of the Wilson bill, and hence that the
law cuts no figure in the case. The in
ference is plain, however, that he would
hold the statute still a nullity. He de
cided the provision against importation
to be unconstitutional at the time it was
passed and the only question remaining
to be decided was whether it was
by the Wilson bill revived and made
operative. A case of beer was decided
to be a case of twenty-four original pack
ages. He decided that the original pack
age dealers were amenable to the state
law if they permit liquor sold in original
packages to be drank on the premises.
On this he says that while an. importer
can import his merchandise (heer) into
the state .and sell such at any place in.
the state, and may keep a place or house
where to store or sell it, yet as soon as
he has sold beer it had passed in
to the hands of the purchaser, and haB
thus become a part of the property of
the state and subject to its laws he
ceases to be an importer and becomes
amenable to the laws of the state, in so
far as he invites and permits purchasers
to assemble and drink beer he has sold
in or on his premises. Bergren having
permitted' liquor to be drank on his
premises, Judge Bose granted the order
restraining him from further selling the
liquor. The decision applies to South
'V Dakota as well as North Dakota.
Repairing Wilkettlmrre.
WILKKSBARRB, Pa., Aug. 21.—Carpen
ters and bricklayers can be seen in all
parts of the city at work to-day repairing
damage done by the cyclone and hun
dreds more can find employment. There
are many poor families in the outlying
wards out of house and home. Food and
•i money in many cases are needed, though
the majority are being cared for by poor
directors and charitably disposed, per
sons of the town. For the next mxtv
days work^ill be suspended at the Hul
"MM* mine North Canal street. The
ftafid house of breaker was completely
blown away and part of the machinery
was damaged. The loss on the breaker
will foot up 88,000. For a time the 100
men who were in the mine when the
storm came were in a precarious condi
tion, as the fan had stopped. They
made for the air shaft and all got out in
safety. A naked lamp of one of the min
ers ignited the gas that quickly accumu
lated and
threatened serious
consequences. As far as known no fur
ther deaths have ocoiu^ j^nd the in
jured are all doing well.
The OATMI Crop In Sonth Dakota*
HURON, S. p., Aug. 21.-Thteshing is
demonstrating the fact that nearly all
estimates placed on grain in the stack
have been far wide of the mark. Reports
from thirty-two counties in southern and
antral South Dakota prove the average
for country oomprised to be eight bushels
»er acre.
average for the state will
ten bushels, as the southern oOun
ties reoeived a greater amount of rain
-when most needed. The averages of
from three to .twenty
bushels per acre. In the same thirty-two
eoonties oats average twenty bushels and
•early BOwn flax nine. TI10 wh©at bony
j* mtich shrunken on account of ripening
loo ftast, S^v-V -Ri
•.K'y^pniiiwoii. Aug. 22. Bepresenta
tfre Hansbrough of North Dakota inteo
duoed in the house a joint resolntAwi
nmoosing an amendment to the consti-
Bailey Fuller Wins the Nomination for
State Senator by a Vote of 64 to £4.
ST. PAUL, Aug. 25.—A Pioneer Press
special from Jamestown says: The re
publican county convention met this af
ternoon. Bailey Fuller was nominated
for Btate senator by a vote of 64 to 24, for
T. S. Wadsworth, his opponent. A. W.
Cunningham and J. A. Buchanan were
nominated for representatives.
A Storm In Ohio Does Much' Damage to
Life and Property.
CALDWELL, O., Aug, 27.—Noble coun
ty was visited with one of the heaviest
rains yesterday ever known. At East
Union, on the east fork of Buck creek,
several houses were washed away. One
bridge struck a dwelling house, and
Rev. Stephen W. Archer, Dias Kirk
bridge, his wife and child, Mrs. Delia
Baoh and David Morse and child were
drowned. The bodies have not yet been
recovered. Many creeks are two and a
half feet higher than ever before. Many
bridges are ruined, and the roads and
bottom corn are ruined.
Chicago Switchmen Still Ont.
CHICAGO, Aug. 26.—The rumor that
the striking stock yards switchmen had
repented their haste and asked to be
taken back by the Switching association
at the old rate ot wages is groundless.
The switchmen are still out to-night and
the packing town is idle once more. The
roads have dissolved their switching as
sociation, deolared the strikers dis
charged and say that each road will here
after do its own switching. The great
problem now is, will employes of the va
rious roads consent to do work formerly
done by strikers, or will they declare
that they are taking the places of strikers
in doing this switching and refuse to
enter the yards? If the latter position is
assumed by employes of the various
lines, every road entering Chicago may
be tied up before 48 hours, as there is ho
doubt that tomorrow will Bee every road
attempting to do its own switching. The
company's ground for hope that a gen
eral strike may not take place is the fact
that tiie switchmen last night struck in
altogether an irregular and, according to
their by-laws, illegal manner. No seri
ous attempt was made by the roads to
clear the yards to-day, but to-morrow
will witness a herculean effort to resume
The K. or I.. Will Keep Vp the Fight.
NEW YOBK, Aug. 27.—Late to-night
Powderly put forth a statement. It re
views the ground traversed by him in
his previous manifesto. He intimates
that the dividends from the New Tork
Central interests are not equally divided,
and says: "The New Tork Central owns
the Wagner palaoe car concern, but the
dividends of that institution are not
shared in by the stockholders of the
New Tork Central—they go to the man
agers of the Wagner company. The
Blue Line of freight oars is owned by
the New Tork Central, and it is' a ques
tion whether the stockholders know
what the earnings are. The bridge at
Albany is owned by the New Tork Cen
tral, bnt I am told it is held as a sepa
rate pieoe of property." Appropos of
this, Powderly demands government con
trol of railroads he rehearses the Sixth
National bank scandal in the same con
nection, and he says he thinks Barry of
unsound mind and his utterances un
worthy of attention. The fight will be
kept up, says Powderly, until Chauncey
Depew comes here to rebuke or to range
himself beside Vice President Webc.
Base Ball—Monday,
Boston 5, Chicago 1. vi
Philadelphia 6, Cleveland 2.
New Tork 3, Pittsburg 5.
Brooklyn 5, Buffalo 5 (twelve innings,
Boston 15, Pittsburg 2.
Philadelphia 6, Cleveland 2.
Brooklyn!, Cincinnati 4.
New Tork 5, Chicago 6.
Syracuse 5, Brooklyn 4.
Rochester 4, Athletics 5.
Toledo 8, Columbus 0. i"
-St Louis 13, Louisville 2.
Kansas City 6, Denver 5.
Milwaukee 3, Linooln 0. .%
Minneapolis 9, St. Paul 3. 4
Minneapolis 14, St. Paul 7. §1
Base' Ball--Tuesday.
Omaha 2, Denver 6
Denver 6.
ooln l. :x
as City 2.
japolie 8, Linooln 1.
Sioux City 8, Kansas City 2. jV
Rochester 11, Athletics 8.
New Tork 2, Chieago 4.
-Steles nor any state shall make a law au
the establishment or oaiDto
^f lottery or any scheme for the
at the Flathead agency,
Altebaugh^postmaster at
Boston 4, Chicago 1.
Brooklyn 17, Buffalo a
New Tork 11, Pittsburg
Philadelphia 15, Cleveland 1. "h -s
.Boston 10,Pittsburg8.
Philadelphia 9 Cleveland 5.
Brooklyn 8, Cincinnati 0.
Base Ball—Wednesday.
Boston8, Chioago7. Ai
Boston 2, Chicago 8.
Philadelphia 5, Cleveland 6.
Brooklyn 9, Buffalo 10.
New Tork 10, Pittsburg 5.
Boston 16, Fittsburg-7.
Boston 11, Pittsburg &
Philadelphia 4. Cleveland 2.
Brooluyn 1, Cincinnati 8L
New Tork, 1, Chicago 6.
Athletics 6, Columbns 8.
Baltimore 10, St. Louis J.1. _•
Omaha 6, Denver 8.
Milwaukee 4, St. Paul 8.
Sioux City 6, Kansas City 4
Minneapolis 7, Linooln
HAYWARD, Wis., Aug. 28b—Joe Latuer
who was arrested for the murder of
Jerry Cleveland, has made a sworn con
fession. He aoknowledges the shooting,
and says Jw did it tor mnv.
only found $158.
An Agreement Arrived at Whereby
the Elevators Will Receive
Grain ~for Storage.
The Board of Railroad Commission
ers Succeed in Bringing Form
Ont of Chaos.
The State License Will Be Paid, and
the Price for Storage Remains
as Heretofore.
A Self-Bxplanatory Circular.
The recent meeting of the railroad
commissionens with representatives of
the elevator companies—together with
the opinion of Attorney Cfeneral Good
win—resulted in a compromise which
will make the elevators of North Dakota
public warehouses again, and thus re
lieve those farmers who desire to store
their grain from the necessity of ship
ping to eastern markets as soon as their
grain is threshed. The laws passed by
the last legislature are ambiguous and
conflicting some of the provisions
doubtless unconstitutional. The whole
matter has been compromised, and the
moral support of the 'railroad commis
sioners will be exercised in behalf of the
elevator companies should any question
arise in the next legislature as to the le
gality of the action. By this compro
mise the state license will be paid, no
county license or bond required and the
charge for storage will be the same as
for the two years past, instead of the
prices fixed by the act of last winter.
The following circular explains itself:
To the Public:
in view of the existing difficulties in ref
erence to tbe conflicting provisions of the
elevator and warehouse laws of the state,
we would make the following statement:
A conference was held- with the elevator
companies in Minneapolis, Wednesday,
August 18,1890, at which they claimed that
they could not do business under the exist
ing laws for the following reasons:
First. That the rates of storage allowed
under chapter 187 are unreasonable.
Second. That section 10 of chapter 187,
which provides that "when a storage re
ceipt is issued for any kind of grain, the
quality of which falls below the highest
standard, then such storage receipt shall
expressly state how many cents per bushel
below the price for the highest grade, such
grain shall be bought at when sold," is au
unreasonable provision and an unjust
restriction ot trade.
Third. The uncertainty of the conflict
ing laws providing for license laws re
quiring three different licenses being on
the statute books.
Being unable to arrive at any conclusion,
the attorney general was asked for a writ
ten opinion as to what laws are in force
North Dakota governing elevators and
warehouses and the buying, selling and
storing of grain, which opinion we quote
in full:
BISMARCK, N. D. Aug. 13,1890. 5
Harvey E. Harris, Esq., Secretary of the Commis
sioners of llailroads, Bismarck, North Dakota.
Complying with tbe request
ard.ofthe 18th Inst.,
to what Jaws of the
now in force
governing elevators and warehouses and
the buying, selling and storing of grain
1 beg leave to say:
of your honorable boar
for my opinion as
state of North'Dakota are
When the first legislative assembly of
the state of North Dakota convened there
was in force chapter 180 of the general
laws of 1887, the same being a general law
fuliy covering the subject of the control of
elevators and warehouses and the buying,
selling and storing of grain in the state of
North Dakota. The first act passed by tbe
late legislative assembly upon this subject
was known as house file No. 186 which, re
ceived executive approval February 13,
1890, and appears as chapter 190 of the
general laws of 1890. This was an amend
ment to section 4, chapter 180, of the laws
of 1887, more specifically defining public
warehouses and repairing additional du
ties. The next bill that became a law up
on this subject was known as house file
No. 60, approved March 8,1890, and appear
ing as chapter 187 of the general, laws of
1890. This act covered all themainprovis
ions of chapter 180 of the laws of 1887 and
was apparently intended as a complete re
vision and codification of the laws of the
state upon the subject of buving, selling
and handling of grain of all kinds. On the
81st day of March, 1890, two otyier acts
upon this subject received the executive
One known as house file No. 266 was an
act to regulate warehouses^ inspection,
weighing and handling of grain. This ap
pears in chapter 188 of the general laws of
1890 The other act approved upon this
date was known as house file No. 88 and
provided for the licensing of public ware
nouses and appears as chapter 188 of the
public laws of 1890. There is also another
act, chapter 189 of Hie public laws, pro
viding for the erection of grain warehouses
on railroad rights-of-way. As this law has
no relation to the buying, selling, storing
br handling of grain, it will not be further
consldered in this opinion. To attempt to
state even in a condensed form the various
provisions of these several laws, or to state
the reasons upon which my conclusions
are based, would extend this opinion be
yond any reasotaable length- I shall there
fore content myself by simply stating as
briefly as possible the conclusions 1 have
arrived at with reference to the laws
hereinbefore referred to. In my opinion,
chapter 187 of the laws of 1890. being a
complete revision upon the whole subject
of buying, selling and handling of grain of
all kinds in the state of North Dakota,
thereby repealed chapter 180of the general
laws of 1887: chapter 190 of t^e laws of
1890 being an amendment of section 4 of
said chapter 180 of tbe laws of 1887 and
having been passed and approved a long
time prior to chapter 187 of the laws of
1890 was also repeated thereby. My first
Impression was that chapter 187 of the
laws of 1890 Was itself repealed by the
visions of chapter.
188, which. was subse
quently adopted. Repeals by implication
are not favored in law and after a careful
and painstaking study of the provisions of
both of said chapters. and keeping in view
the- m«in objects sought to be accom
plished In each o&BaM.laws, I am of the
opinion that chapter 187 is not repealed by
Chapter 188, but that both may consistently,
stand together.
1 am therefore of tb9 opinion
that while there are many pro
visions of a general nature in chapter188,
tbe language of which Is broad enough to
apply to any and all elevators and ware
houses In the' state, yet sub language
when considered in the light of the mam
object of said chapter, can reasonably be
construed a3 applying only to the public
warehouses defined in said act and located
at Grand Forks, Fargo, Wahpeton and Fair
mount.* Said chapter 188 never having
been put into practical operation by the
commissioners of railroads for tbe reason
that the 8500 appropriated for that pur
pose was wholly inadequate to carry out
the provisions of said law, I do not think
tbe same should be considered in deter
mining regulations for tbe buying, selling,
storing and handling of grain in North
Dakota. There are some general provis
ions with reference to the duties ana pow
ers of the commissioners of railroads over
the grain interests of the state that are
undoubtedly in force. This leaves chapter
187 and chapter 188 of the laws of 1890 still
in forc9, except so far as chapter 187 is
modified by tne provisions of chapter 188
section 14 of chapter 187 requires every
public warehouseman to procure a license
of the
of Si for
and chapter
from the the county auditor of the respec
fee of Si for 1,000
ipacity and chapter
lie warehouseman to
tive counties at a fee
bushels of elevator cai
188 requires such pubi
procure a state license from the commis
sioners of railroads and the fee is fixed at
$2.50 per 1,000 bushels of elevator capacity
or major fraction thereof, and that no li
cense shall be issued for less than 926.
I am of the opinion that chapter 138. being
the latter expression of the legislative in
tent, necessarily repeals the provisions of
section 14 of chapter 187 and that the li
cense fee now required is at the rate of
$2.50 per 1.000 bushels of elevater capacity
as provided in chapter 188. It is claimed
by the elevator companies that the execu
tion of any license fee in
payment of
upon the
addition to the
their regular taxes
assessed valuation of
is unjust It is further
at the provisions of section 10 of
their property
claimed that the pr
chapter-187, which requires a receipt issued
for any kind Of grain the quality of which
falls below the highest standard, not only
to express and determine the grade, but
shall likewise expressly state how many
cents per bushel below the price for the
highest grade such graiu shall be bought
at when sold, is an unlawful restraint of
trade, and therefore void.
They further claim that the maximum
rates fixed in section 22 of said chapter 187
for receiving, elevating, Insuring, storing
ana delivering grain are unreasonable and
less than actual cost thereof to them and
that said act is upon that ground unconsti
tutional. The constitution of the United
States and of this state guarantee to every
person engaged in a public business the
right to receive a reasonable compensation
for the services rendered the public and
this right is expressly recognized in sec
tion 9 of said chapter 187, which provides
that such public warehouseman is entitled
to receive a reasonable charge per bushel
for receiving, handling, storing and insur
ance charges. If, then, the claim wade by
tbe elevator companies that the maximum
rates for warehousing are unreasonable
and less than cost, the law to that extent
would be unconstitutional and void under
the decisions of the United States supreme
court Or, if the requirements of section
10. requiring such warehousemen to state
upon the face of each receipt how many
cents per bushel below tbe price for the
highest grade shall be paid for snch infe
rior grade as contained in such receipt is
an unlawful restraint of trade, then to that
extent the law would be void.
These are all proper questions for the
court in any action, civil or criminal,
brought under the provisions of said act.
The law is now well established that
portions of an act may be unconstitutional
and void and yet me whole act not fall. 1
do not think that the provisions of sections
10 and 22 are so intimately connected and
related to the rest of the act that their
being held void would destroy the validity
of the act, and am therefore of the opinion
that the balance of said act is valla and
may be enforced, even though for the rea
sons above suggested the courts should
hold that sections 10 and 22 were unconsti
tutional and void. I am also of the opinion
that the provisions of chapter 188, requir
ing public warehousemen to pay a reason
able license fee iii addition to their regu
larly assessed taxes is a valid exercise of
the legislative power, and that the fee
therein fixed is not so hlsrh as to make the
same unreasonable. Said chapter 188 hav
ing in my opinion repealed that portion of
chapter 187 with reference to the procur
ing of a license from the county, also re
pealed the provisions of said chapter re
quiring the giving of a bond,and that there
is now no provision of law in force in this
state'requiring public warehousemen to
give bonds. Respectfully submitted,
Our powers of general supervisors re
maining in force, we believe we can so di
rect and control the distribution of cars
and correct and adjust any errors and Ir
regularities as to protect tbe best interests
of all, and should this, our recommenda
tions, be adopted by the elevator people
we feel confident onr people will heartily
endorse and uphold our efforts to protect
their Interests until the next legislature
may relieve us from the conflicting and un
reasonable provisions of the existing ele
vator laws ot our state. By the board,
'. Turned by Benslne.
ST. PATO, Aug. 27.—A little before
midnight as the watchman was making
bis rounds through the Independent Oil
oompany's buildings, hia lantern came
in oontact with vapor from a barrel of
bedaine and the building was soon in
flames. The fire wvm confined to one
bnfldiag, whiob- was destroyed. Loss,
92IM)00 insured.
Beet Sugar Cempany
PoHBK, S. D., Aug. 28.—Articles for.
incorporation for the South Dakota Beet
Sogairt Manufacturing company
filed st the state secretary's
Tbsfwded capital is
In Whieh Senator Pierce Declares
the Repnblican Ticket of North
Dakota a Strong One.
He Doesn't Know What His Opposi
tion Will be, Bat Will do
the Best He Can,
And Then Let the People of North
Dakota Do as They Like About
Be-electing Him.
Isn't Sore About Anything.
Minneopolis Journal 22d: Senator
Pierce left Minneapolis for Washington
last night. Just before his departure I
had an interview with him in his room at
the West hotel. During this conversa
tion the senator expressed himself as be
ing to some extent surprised at the state
ments made in the interviews the Journal
had had with Jud LaMoure and others.
"I don't thoroughly understand what
point they are trying to carry out," said
the senator. "I do know, however, tha
far as the people quoted in these in
terviews undertake to give the facts ret
garding my connection with them, they
are utterly wrong. I saw McKenzie as
he was taking the train for the west,
prabably for 20 minutes. Haggart I
only saw for a moment and I had no con
versation with him. I had a talk with
LaMoure both yesterday and the day
before. There was nothing tragic about
our inteiview, I assure you. Half the
time we were talking in the presence of
other people in the office of the Mer
chants' hotel."
"Will McKenzie, Haggart and La
Moure support you?" was asked.
"I do not know. They did not say
they would or that they would not, and I
do not know what they would have Baid
had I asked them this question, whjph I
did not. 1 know, ot course, that some of
my appointments have been distasteful
not only to theee gentlemen but to others
in the state- I am sorry that this should
be so, but it seems inevitable. I am glad,
however, that with all the objections
raised, no one has questioned the qualifi
cations of those appointed."
"Is it true that the railways will op
pose you?"
"That I do not know, either. I hope
not, for I have not been unfriendly to
them but they may for some reasons
known to them, see proper to do so."
"How about the lottery company?"
"I have heard the lottery people would
oppose me because they attributed the
message of the president against lotteries
to my influence, saying that I had in
duced the president to send it in. I
heard this before leaving Washington,
and it was repeated to me here, but I
have no further knowledge of their in
"To sum it all up, senator, what do
you think the chances are for your re
"If I am going to have the aotive op
of the railroads, supplemented
iy that the prominent men who have
been mentioned as opposed to me, I
think my chances slim. If, however, as
I believe, the railroads will let the elec
tion alone and allow any man 'to work
out his own salvation, I've an idea that I
shall be returned. In any event I shall
not be a sore head. I do not regard
offioes as the property of any man.
These places belong to the people, and
they bee tow them where they please.
They gave the senatorship to me for the
time being and I was gratified. If now
they choose to give it to some one else, I
shall not complain.
"One thing you may set down as cer
tain. ^he republican ticket in North
Dakota will be elected by an increased
majority. The state iB in the beet posi
tion, politically, of any in the union. The
ticket could not be stronger."
"You regard Johnson, then, as a strong
"Most certainly 1 do, and this entirely
aside from his strength with the Nor
wegian element. He is a man of fine
address, a fluent speaker and a thorough
ly educated gentleman."
"When will congress adjourn?" I
asked, changing the subject.
"No one knows. I should not be sur
prised to see the whole question of the
election law opened up under the Quay
resolution and debated for a month."
"Will the tariff bill pass?"
"Yes, in a somewhat modified form.
As a ride the northwestern senators favor
a reduction in some of the schedules and
will vote to reduoe the duties when those
articles are reached. There are several
such upon which I want to see the duty
reduced, and shall so vote.'
Attorney General.
After duly considering the opinion of
the attorney general, the claims of the ele
vator people and the general grain ship
ping interests of our state, we deem It ex
pedient and proper to adopt such line of
business policy as will enable the present
crop of grain to be placed on the market to
the best possible advantage and to prevent
a general disaster which would result from
a grain blockade, we recommend that the
'elevator companies take out a state license
as provided in chapter 188, and issue re
ceipts for the storage and handling of
grain under the same rules and regula
tions heretofore in force, with the addi
tional provision that one-fourth cent per
bushel for each fifteen days shall be paid
in case said receipt be presented by other
parties than the original owners of grain.
From such investigation as we have been
able to make we believe the rates named
in section 22, chapter 187, are 90 much less
than the charges at Minneapolis and Du
luth that to attempt to do a storage busi
ness would result in 'filline up all our
warehouses by foreign holders to the ex
clusion of our shippers and that section 10,
chapter 187, requiring the naming of tbe
price of difference for a future market on
the lower grades is practically prohibitory,
and to endeavor to enforce these provi
sibnrwould reshlt in a general obstruction
to grain shipping and a serious loss.
Pijjt A Prospective Lynching Bee.
Qmmd FOBKS, N. D., Aug. 26.—The
village of Fisher, twelve miles east of
Grand Forks, was startled this morning
by a brutal murder npon the arrival of
the west bound Great Northern passen
ger train there. Dr. Bahrsen of Crooks
ton, a passenger thereon, alighted npon
the platform, when a fellow named
Horace Russell stepped np to him and
fired two shots in rapid succession. The
second shot penetrated the doctor's head,
entering behind and passing ont over
the left eye. The doctor staggered and
felL After firing Bnssell pulled his coat
and made for the woods, which are dense
in that vicinity, still holding the smok
ing revolver in his hand, and closely
pursued by Marshall Riley and the
orowd, the latter intent on lynching.
Bnssell and his wife had a quarrel sever
al weeks *go, and the woman left him
and returned to her honie at Lisbon.
Bussffll attributes his wife's separation
to the influence of Dr. Bahrsen, though
it is generally believed the doctor is per
fectly innooent. It is believed Bnssell
pannot possibly escape, as tbe whole
country is alarmed and citizens from
Crookmon as well ss Fisher have joined
in the pursuit. He is likely to be lynoh
ed whencaught.
Arrerted tar Worfry.
ST. PAUL, Aug. 25.—Charles W. Wal
ker was arrested here to-night for the al
lseed fbrcerv of a ckeck on a Minne
apolis bankfor 996& He had passed the
cheok on the Minneapolis National bank
of this aity, where abonthalf of it
deposited. -s&S
An Inexpensive Pnrlller.
After boiling ten minutes the water
should be poured iato a wooden or stone
far, covered with a oloth and left an hour
to cool, when it may be put into the filter.
For a niter a new, clean flower pot of un
glased clay, filled monthly, or rather
changed for one freshly charged, is better
than most of the patents in the market.
Firat cut» disk of cotton flannel to fit the
bottom of the pot inside, put on this a
layer of clean, white sand an Inch thick,
then three inches of charcoal In very
coarse powder, three inches of sand above
this, and clean, washed gravel over all,
and you have as good a filter for a dollar
as you can buy for ten, as far as working
goes. The water must run through this
twelve hours before the charcoal dust
washes out so that the fluid runs clear.
The pot should fit into the top of a long
stone Jar with faucet attached and tbe ice
be hung in it, tied in a piece of cotton flan
nel for a primitive mode of keeping the
lceworms out and making the ice last
The only trouble with water so prepared
is that it tastes flat from want of air,
which Dr. Currier proposes to supply by a
clean bellows kept for the purpose, but it
is more conveniently done by pouring
water from one pitcher to another several
times as foaming drinks are mixed. Or
one of the patent egg and cake beaters
could be used in the water for a few min
utes, and the most discriminating palate
could hardly fail to approve water so re
fined.—Shirley Dare in New York Herald.
The Diffusion of Light.
A bit of clever artifice to which women
may resort with a clear conscience consists
in distributing light so that coloring and
features may be developed instead of flat
tened. In more than half tbe houses, on
visits both day and night, the light is ia
artistically admitted from above. Go into
any ballroom where floods of illumination
are dispersed from a great height, and the
freshest debutante is seen at a disadvan
tage. Her rosiness is fairly devoured by
the greedy glare, and not until one draws
her into the dimly lit conservatory are all
the delicate tints restored. The secret of
preserving one's bloom after nightfall lies
in using wax or even parafflne candles as
much as possible, and so distributing their
soft glow that it will all shine from about
a level with the face. "How exceedingly
pretty the girls always look at your house,"
remarked a casual observer, never guessing
that one-half the credit was due their host
ess, who enhanced instead of ruthlessly
dissipating lier guests' loveliness by the
manipulation of illumination.—Illustrated
A Faiuoua Woman Surgeon.
Mme. Ribart, the ex-grisette, who was
the first European to practice medicine in
the Turkish harems, was as skillful as
most of her contemporaries. The woman's
career is more romantic than most fiction.
Her lover in Paris was a medical student
she devoured his text books with more
avidity than he did her novels. She passed
a brilliant examination at twenty-six and
went to Cairo to practice her patients were
soon numbered by the hundreds, but the
excesses into which she plunged resulted in
her incarceration in a lunatic asylum. She
then sought a hew career in Cochin China
and at once won the admiration of the
French inhabitants. So speedily did her
skill as a surgeon make her famous that
she in a short time became physician to the
court, and was to have operated on the
ueen mother of Annam for cataract. The
before she was to have relieved the
queen, who had been blind for years, the
wonderfully beautiful and skillful Dr.
Ribart died.—New York Telegram.
When Yo'n Go Away.
When packing your trunk remember to
sew all the folds in your dresses flat. There
is nothing so quickly makes a new dress
look like an old one as bad management in
packing.. Lay a paper Over passementeries
and bead trimmings, as they will be sure
to leave tbeir mark on anything lightly
packed above them. If your trunk is too
short turn your dresses at the top, never
at the bottom, and if there is a velvet panel
creation in your wurdrobe lay something
soft where you fold it and place it perfectly
flat, otherwise it will come out in a watered
design where it was not evenly laid. Open
all tapes, and if you have a wash dress
with loopings open them out, for if packed
looped by the time you reach your destina
tion all their fresh stiffness will be lost.
Pack everything ts flatly and evenly as
possible, and you will be surprised to see
how much can be gotten into even a small
trunk, especially if the trunk be packed
gradually so as to let it settle by degrees.
Riders and Fencers.-
Outside of New York Philadelphia and
Baltimore furnish the handsomest and
best equipped as well as the most daring
horsewomen. Fencing for women grows
steadily in favor. There are few conspicu
ous proficients, though, outside the stage.
Mrs. Langtry is a fine hand with the foils.
So is Mrs. Potter. Bernhardt swears by
them. The exercise is so essentially French
that it is no wonder French women are
most expert in it. Some of the greatest
ladles in Paris could fight a duel to the
death, with all the chances in tbeir favor
unless the opponent was a marvelonsly
fine swordsman. Viennese women fence,
too. In each case It is the ladies of tbe
great world and tbe half who affect the
pastime. The great middle class and the
working women know nothing of such dis
tractions.—New York Star.
Where Famous Mrs. Tllton Uves.
Mrs. Theodore Tilton is a sad and lonely
woman, with silver streaked hair, a care
worn face and stooped figure,who frequents
Linooln park in Chicago with her grand
children. Every pleasant morning in the
year she goes to the pleasure ground, but
is seldom recognized and never seen speak
ing to any one. She lives with her married
daughter, who contributes \o the family in
come by water color paintings, many of
whiCh are very lovely in conception and
treatment.—Chicago Letter.
5- Woman's Hold on Lib.
From recent statistics it seems to be
shown that woman has a greater tenacity
of life than man, and that the Hebrew
women are the longest lived of any race.
Then, too, among insects tbe male perishes
at a relatively earlier period in plants the
seminal bloasOms die earliest and are pro
duced in the weaker limbs, and femaie
quadrupeds have more endurance
male.—Herald of ^altb.
••1M of an
An egg is said to contain as much nour
ishment as a pound and one ounce of cher
ries, a pound and a quarter of grapes, a
pound and a half of russet apples, two
pounds of gooseberries and four pounds of
pears, and that 114 ponnds of grspes, 197
pounds of russet apples,. 109 pounds of
pears sad Iff pounds of plums are equal in
nouilahmsnt to 100 pounds of potatoes.
v, 1 •m

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