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•2 ST. PAUL A BIG CITY. The New Directory Taken for a Basis Gives the City a Population of 110,000. Which will Probably be Increased Several Thousand by the Census, Now early Completed. The Milwaukee Road Must Pay Back Taxes on Its St. Paul Property. Last Week's Deaths and Weddings— Supreme Court Decisions, and Comment. - - ST. PAIR'S POPDLATIOX. The Showing Made by Ilic Directory Soon to be Issued. In advance of the completion of the work of the census takers comes the finishing of the directory and the approximation of the population which can bo made from it. The book is now printed and complete, and will be bound and issued to subscribers about "Wednesday of this week. While the show- Ing of increase is not so great as it was in the boom time of 1832-, it is still gratifying, and does the city much credit. It gives a— surance that the city has grown several steps beyond the one hundred thousand mark. The directory, which contains over fcixty pages more than last year, begins with the usual introduction, in which is given statistics of the city's business, public im provements, etc., for the year ISS4. The following is that part of the introduction which relates to the population: OXE HUNDRED AM) TEN THOUSAND. "Notwithstanding the universal depres sion in business throughout the entire coun try, the past year has been one of success in St. Paul. No heavy mercantile failures have occurred, many important enterprises have been established, and the thousands of substantial buildings and artistic homes erected during the year evidence the mate rial prosperity of our city. "This edition of the directory marks an increase ot 4,231 names, making a total of 43,<J00 names, indicating, by our usual ratio of -2J.J. a population of 109,900. It is a well known fact that our multiplier is the lowest applied anywhere. In estimating population from directory statistics, Buf falo, Chicago, Cincinnati, Cleveland and Kansas City multiply the number of names byoJi. In Denver, Indianapolis, Milwau kee and Toledo the multiplier 3 is used. If the lowest ratio accepted by any of these cities were employed it would make the population of St. Paul 131,880. ••But whether the directory estimate of population be accepted as authority or not, the increase in the number of names can not be disputed, and, together with other reliable statistics herein contained, is proof positive of the city's prosperity; and for the incredulous there is ample data from which exact deductions can be made." THE MULTIPLE OF TWO AND OXE-HALF, which is used above, it should be said that it is by all odds too low. This figure is smallest in the newer —that is, in young cities there are proportionately fewer married women, children and other dependents whose names are not put into the directory. St. Paul is growing, however, not only in these ele ments of population. Families are becom ing larger and more numerous and employ more domestics, all of which implies that this multiplier of 2% should be increased in order to adequately represent the city's population. .Minneapolis finds it ho, and in her directory about to be issued uses 2.73 for the factor. In 1880, when the directory people had the* last opportunity to compare their estimate with the census, they used the same factor, and found themselves over 500 short. The reasons for increasing the multiple are greater now than they ■were then, and so, when the census is pub lished we may expect to see it mount up to at least 112,000. The following table gives the number of the names in the directories and the increase for the years mentioned: Year. „. '. No. of names. Increase 1878...... 12,113 1,115 1879. ..1..'..'. 15,580 3,405 1880 19,315 3,735 1681.. 1 24,000 4,780 1882 30,334 1,911 1883 35,351 5,017 1884 39,729 4,378 1885 43,900 4,231 FKOM TIIK FIKST SETTLEMENT. The following shows the population of St. Paul since the first settlement in 1838, when but one log cabin marked the place where now stands the commercial metrop olis of the Northwest: Inhabitants Inhabitants 1838 8 1872 25,500 1847 50 1873 27,023 1848 400 1875 33,178 1850* 810 1880* 41,498 1855 4,400 1881 60,900 1887 9,973 1882 75,835 1890 10,600 1883 90,000 1565 13,210 1884 99,322 1870* 20,300 1885 109,000 1871 24,200 * U. S. census. THE ABOVE TABLE contains many suggestive facts. Thus we find that the increase of the population from LBSO to 1800 was nearly 1,000 per cent Perhaps no other city in the Union showed such a steady, solid and rapid growth. In 1857, however, occurred the disastrous financial panic, which checked immigration, and for three or four years the population scarcely increased. Just as it began to recover from that depression the Rebellion broke out, followed by the Sioux war, all of which tended to discourage and retard the growth of the city, so that from 1860 to 18G5 the increase was only about 2,500. In the latter, however, with the return of peace and prosperity to our country, the population again began to advance quite rapidly, and from 1805 to 1870 showed the substantial gain of 7,000. But the growth during the past five years has been the most rapid of any since 1860. In 1880.•when the United States census returns Showed St. Paul to have a population of 41,498, the directory contained 19,399 names, while the present edition contains 48,960 names, an Increase of 27,561 names for the directory In five years. There are 8,600 more names in the directory now than the entire population in 1880. KIABTOMEDI HITTERS. Various Meeting-* to be Held There During* the Coming- Weeks. Arrangements ar&beiog made for meet ings to be held by theMahtomedi assembly, commencing with a service Sabbath after noon, July 19, to be followed by services each-Sabbath, closing Aug. 16. There will be at least one public lecture each Wednesday afternoon from July 10 to August 16. These days will be excursion days, churches, Sab bath schools and other societies arranging to joinfn these exercises. Rev. David Tice has been appointed superintendent of the meetings, to whom all communications should be addressed. There will be one. C. L. S. C. day, conducted by Rev. Dr. A. H. Gillett, corresponding secretary of the C. L. S. C. Prof. Stiles Raymond of Minne apolis will organize a musical class and conduct the music during the meetings. There are a number of families now occu pying cottages on the grounds and several others will be camping there. The hotel is opened and an early train leaves Mahtomedi, arriving in St. Paul at 7:45. STREET SAYINGS. The dog is a very useful animal, but he frequently degenerates into the most viru lent type of nuisance, and never more so than when he makes it his habit to run out on the streets and bark at passing trains. This nuisance is now developed in all its alarming maturity in St. Paul. Let a man with a frisky horse or team attempt to drive through the streets and he is very likely to be assailed by these vociferous canines as be bowls along. There seems to be a quiet understanding among the dogs along a cer tain street that they own the thoroughfare, and that it is their duty to drive from it all trespassers. They are marshaled evidently on a regular police system, and after one dog has driven a vehicle from his block he-trots back with his tongue lolling out, as if recognizing the fact that he had performed a public service and confi dent that the dog stationed in the next block will do his share. The worst dog now in the business has his beat on Third street from Wabasha to Robert His voice is a shrill tenor and of a volume be fore which his corporeal size sinks into in significance. Some day there'll be a bad runaway occasioned by this sort of thing, but nothing could suit the dogs better. *** The street car company has removed its track from Wabasha street between Fourth and Third streets, and lias replaced the pavement according to law. This is to be deplored, as this track was a fruitful subject lor growling, and the improvement of the street will partially deprive those who do business along the street of one of the greatest luxuries of life. V There is still that pile of brick, how ever, standing in the street in front of the old opera house. It has stood there for many a month in defiance of the law against such trespass on the rights of the public. As long as thxt btays there the business men in that block will have still sufficient cause for grumbling. *** A prominent St. Paul gentleman had the pleasure of meeting Mr. Thomas Lowry for the lust time a day or two ago. In course of a lifteen-niinute chat they fell to talking of the street railway system in St. Paul, and the St. Paul man said jokingly. "You got a prciiy good thing on this business when the franchise whs riven you exclusively." •'Y< s, v said Mr. Lowry. "1 did, and I belong to the IH. F. A. V. 6.' (hold fast all you vet) society." "Yes, I should say you were president of that society," taid the St. PauHsmn. *** Heretofore the sawdust that is thrown into the river by the people above us. has always Seated along in the channel on the north side of the river, in front of the city, close to the shore. This has always been regarded as indicating the deepest water, or, in other words, the channel of the river. Since the government engineers have been at work rip-tapping the banks of the islands in front of the city, dredging on the south side and building the wing dams, this saw dust has wholly changed its course, so that now as it conies around the point above Chestnut street, it floats along near the cen ter ot the water, between the inlands and the city. This is regarded as an indication that the channel of the river hah ehan.ucd. This may be the fact, bat tt does not SMBI as though the work done by the government engineers thus far had been of men a char acter, at that it had progressed so tar, as to cause such a marked change of the channel in so short a space of time. Experienced river men are of the opinion that when the work laid out by the government has been completed, the channel will be changed very materially from what it has heretofore been. As this work is understood, it will have the effect of causing most of the water to flow this side of the islands, which will naturally cause the channel to change and also become deeper. V One of St. Paul's pretty society ladies is somewhat literary in her tastes, and, lv cultivation of this, has, among other books, a nicely-bound scrap-book. It is full of choice bits of poetry and romance, selec tions from modern novels, funny eflpptap from newspapers and countless tritles that delight the feminine mind. The young lady has a brother also, somewhat younger than herself, whose especial delight Is to raise a mild form of sheol in the family cir cle. The other day the lady was showing her scrap-book to a gentleman caller, and he was reading some of the selections aloud. He turned a page containing one of Ella Wheeler's sultry screeds and his eye fell upon a long clipping from a newspaper. It was a selection not pasted there by the owner of the book. It was not one of the Standard literary efforts of the century, though it had been in its day mighty inter esting reading. In short it was Col. Allen's famous speech before the city council on "Ordinance No. 10." The caller stopped reading before he reached the peroration. There is one page missing from the pretty scrap-book now and the small boy recog nizes the fact that lie has once again got in his work. The Laudti are Taxable. In the case of Ramsey county against the Chicago, Milwaukee & St. Paul Railway company, a suit to determine the right t« assess and collect certain taxes, the supreme court judges yesterday gave an opinion favorably to the county, sustaining Uie order of the district court The company claimed that the exemption law applied to this laud, while the auditor claimed that the man ner in which they have been held and the uses to which they have been put made them subject to taxation. The land con sists of block 49, IJice & Irvine's ad dition, blocks G".> and 70 of Irvine's enlargement and lots 9, 10 ana Vo of the original plat of St. Paul, lying at the foot of Jackson street The question is resolved by the judges to this: Is property which mis never been used for railroad purposes and :nperfy which has eeaeed to be so osed, - bom taxation! And after citing numerous causes they say they are. The suit involves the taxes from 1879 to 1882, amounting to between 54,000 and $5,000. mission Sunday School. A very promising: mission Sunday school was last Sunday established at the corner of Kent street and St. Anthony avenue. through the efforts of one or two ladies of that neighborhood. There were present twenty-rive adults and twelve children. Key. It. Pottos of the Jackson Street M. K. church gave a short and timely address, and afterwards organized the school. Mr. Charles N. Woodward was chosen sii]>erinteiident, Mr. Robinson assistant superintendent, W. 11. Mead, secretary; W. L. CTpson, treasurer; Mrs. Mead, organist. Mr. Springer has charge of the choir. Mrs. M. C. Thayer donated the use of an orean ond Ihe Jack son Street ML E. church the chain and benches. Mr. Desjardins gives the use of one of thebwjfaßSß rooms, until rented, in his new brick store. There will be Sunday school and preaching every Sunday, begin ning at 4 p. m. Tbe Kellocrr Concert. On Friday night, after an absence of sev eral years, Miss Clara Louise Kellogg will make her reappearance in a grand concert at Market hall. As a matter of pleasure, quite as much as of business, she makes this visit to the Northwest and the present "concert is possibly the last in which she will ever be heard in this city; for, although yet comparatively young in life, she is firm in her resolution not to return permanently to the concert stage, but to enjoy the well earned and liberal fruits of a remarkable career. The support ing company, including Mr. Mock ridge, the tenor; Miss Laura S. Groves, the contralto; Ivan ilorawski, Adolphe Glase and Miss Ollie Forbette, is 6aid to be well balanced and have met a good reception in the cities where they have been heard. Last Week's Weddings. Clerk Bell licensed the following couples to marry during the .past week: Michael - Arashinsky to Mary Butak, Anton Cast ell to Verena Castell, John W. Nee to Ellen Needham, John Miller to Theresa Kettcr, Charles Soil to Amelia Dallnun. Michael Bross to Louisa Leiuerg, Joseph Friedla to Minnie Partz, Herman Heislowitz to Ella M. Brown, QBendex Bcndion to Mary Carlson, Joseph Kreidt to Ada Bottiki, Frank Stetka of Hennepin county to Lizzie Ciskowisky, Thomas Ilatfield of St Croix, Wis., to S. M. Blakie, Waelan Jilek to Annie Turek, James B. Barry of Grand Forks, Dak., to Lucy M. Rudd, Julius W. Donlandof Lennox, Canada, to Louisa L. Murdock, Charles Olson to Mary Nein burg, Isaac F. Layfield to Marion E. Snow, Frank Lyon to Rosalie Salser, Thomas Tharbus to Bertha Mlseth, John Thome to Lizzie Lafgen. .. * v ",;. An Old lead lievived. Mike Kiusella, a muscular man from Michigan, entered a small cigar and candy store on West Third street yesterday after noon, kept by Mrs. O'ltejim:, and began smashing whatever hccould get his hands on. Officer Wright whs called in. when Kinsell* picked up a chair and attempted to smash him also. The officer laid hold of the burly Michigander ami held Ua grip until the patrol wairoti armed, when Kin selhi was thrown in and t;.ken {>> tlie Ma tion. This is the second time Kinsella has been arrested for In nil fit .Mrs. O'Hegan. THE ST. TATTI, DAILY GLOBE, SUNDAY MORNING, .JULY 12, 1885 SIXTEEN"PAGES? The first time was when the latter had an ice cream saloon on Rice park. The wo man claims that the present trouble was brought on as revenge for his previous ar rest Kinaella and Mrs. O'Regan were at one time engaged to be' married. After a long absence she supposed that he would not return, and married her present hus band. That, too, has always been, it is said, a bone in Kinsella's throat. Mrs. O'Resran says she expects that Kinsella will yet take her life. Died I.MKi Week. The following deaths were reported at the health office for the week ending July 12: Name. Residence. Age. Mrs. Mary Taylor. . .Igltthart streeet 48 Agnes A. Fetsch Cor.Roberland "th Adamitodis Drowned) 15 Giles Livingstone... City hospital., 47 Willie Kennedy 781 Reaney street #4 Gusta Mund 447 Carroll »3 Mclinda Johnson... 127 West Fourth 94 Martino Giepel Third street *0 Baby Parser Third street »4 Thomas V. Curtis...336 Duke street 80 Mr*. Tobin Commercial street.... — Mary St. Aubin Fillmore avenue '3 Louisa Chribtlanson.Earl and Duwsun *S Alexander Anstrom. Wood ward avuuue.... »8 M aria Ertoason Atwator street. »6 Ell. Pardoon Sibley street *3 Samuel Couriers State street 9 J. O. Russell St Joseph's hospital. 4."> Amelia Ujrguard.... 1051 Bradley street... *9 Henry P. Morgan....Genisa street. 32 1 rone 11 oujrh 791 Reaney street *«J Beruio E. Everett, .. Eatoa st root 6 Baby Erickson 6C4 Cook street »11 Eliza. C. M1dd10t0n..334 Webster street.... 5 Albert C. Peterson..Cor. Bradley and 7th.. *t •Months. \Vitu Hard Gloves. Articles have been signed for a fight to the finish, with hard gloves, between Mer vine Thompson, who was knocked out by Billy Wilson, and Charles Hadley, Wilson's former trainer. The fight will occur on July 19, somewhere within fifty miles of St Paul, the winner to pocket the entire gate money. Thompson is confident he can knock out the trainer of his late contestant, though the friends of the latter say he will give and take heavily before the finish. GLOBULES. Scarlet fever is reported on Summit ave nue, Three deaths were reported at the health office yesterday. Internal revenue collections yesterday amounted to $1,422.50. Peter Zobach was fined 335 yesterday for the larceny of some carpeuter's tools. The water board shut off the water yes terday from forty delinquent taxpay- A special meeting of the board of educa tion will be held on Monday evening to con sider bids for heating. J. McDonald was arrested on the corner of Third and Jackson streets last eveuing, for stealing a piece of cloth. Mrs. Genette and Miss Fannie Riser of Keokuk are visiting the family of Oscar B. Kille, at 470 Ashlaud avenue. " Frank Keller's suit against the Minneap olis & St Louis railroad was on before Judge Wilkln again yesterday. The governor and staff and state officers will attend the encampment of the First regiment at White Bear on Monday. Meat Inspector Lamb condemned forty hams yesterday stored in a building on the corner of Pearl and Jackson streets. The several cases of W. A. Culbertjwn against A. U. Bailey were yesterday stricken off the special term calendar by Judge Brill. Hon. Adolph Biennann was in the city yesterday and filed his bonds, which were lorwarded to the department at Washing ton. Plymouth church Sunday school will take its annual picnic at Minuetonka this week. The report is expected to-day and a good time anticipated. A lad named Haley was run over on Washington street, near Rice street, la-t evening. His only injury was a slight cut on the head. The explosion of a lamp in Storer's gro cery store. West Seventh street, caused an alarm of tire to be turned in at 10:30 o'clock last night. No damage was done. Dr. Dana expects to supply his pulpit this summer, save possibly two weeks, when he may accompany Robert West, the Chicago journalist, and a party over the Northern Pacific railroad. Inspector Hays has returned from Lake City, and will go to Minneapolis on Mon day to inspect the boiler intended for a new boat to be put on Big Stone lake by the Chicago, Milwaukee «!c St. Paul road. The board of public works in a body vis ited Minnehaha street. iK'tvveou Seventh and Burr streets, ye-tenlay,for the purpose of noting the condition of that street before making the assessment for a proi>osed change of grade. A telegram wa« received by Chief Clark yesterday from the chief of police of Hast ings stating that the body of a boy had been found in the river at that place. It is supposed to be that of one of the lads drowned in St Paul a few days ago. Commissions were issued yesterday by Adit. (ien. MacCarthy toOorgeW. Dryer a* first lieutenant of Company I, Second mri nient, promoted from second lieutenant; and to John A. Johnson as second lieu tenant vice Dryer, promoted, both of St Peter. While Mr. M. W. Brown and his wife were riding slowly alour on Uafoetattj ave nue Friday afternoon, some half drunken. reckless fdlow drove up behind them and agahmt one of the hind wheels* of Mr. n's buggy in such a way as to upset llm latter, throwing out the ix-c-upant-. The former was very severely injured, though not fatally. Frank Herzlick sues the German Fire In surance company of .Pitt-burg for 51,000, the amount of a policy on his tailoring stock, which was destroyed by lire in March last. Uerzliek. it will be raooOected, w.i* anvsted at the time on suspicion of m tire to the premises, on Jackson street near Eighth. The Qoml Temperaneo union will hold a meetiuc this evening at B </<•;.«.k. Sinir ing. conducted by Mr. 11. W. Spi \vit!i Mrs. Brinkerhotf as aocow* Short talks will b<» made b\ Me Sundbeek and «»ther>. The Scandinavian meeting will occur Monday at 8 p. in., and v social religious meeting Tuesday at 8 p. m. A public installation ot oAMU of the African grand lodsre A. F. ft A. M. for the lowa jurisdiction will be held on tlie inir of .July If at Music hall. Tlie K. W. Newton will deliver an addr. come, after which there will be a festival and promenade concert undr-r the auspices of J. K. Hilyard of MlMMtpoMi and V'u* neer lodge of St. Paul. Mayor Kice will receive the grand lodge in Market hall at :; o'clock. A delegation of the Sons of Veterans, St Paul Camp No. 1. Capt. E. H. Milham, commanding, with tlie drum corps of the Sons of Veterans, will wait upon and es- OOlt Acker post, <1. A. 11., from their quar ters, on Monday evening at 7:45 o'clock, to the St. Paul camp on Jackson street. Acker post will assemble at the post nxmi in full uniform at 7:30 to meet the boys and attend their camp-tire. The old vets think a great deal of their sons, and a jolly time is anticipated. Copies of letters patent for a block pave ment granted to James Kerr, were yester day tiled with District Cierk Bell, together with the affidavits of the officials of the company, which promises to lay the pave ment in this city. The company is the Twin City Improvement company, <>f which Gen. W. Cross is president and William Crooks is secretary. The law re quires the copy of letters patent to be filed with the county clerk, and makes it incum bent upon the latter to send a certiiicate to the patent office notifying them of the tiling. i'ii;vn\i>. E. F. Barnes, Aitkin, i» at the Windsor. T. W. Curtiss. Morris, is at the Windsor.. A. 11. Bertram, Montieello, Is at the Mer chants. .7. It. Howes, Brainerd, was la the city yeMeiday. A. D. Ellsworth, Winoua, was in the city yesterday. Matt Cloud. Stillwater, was in the city \ c*terday. K. S. Munger, Owen Ferguson and wife. and Chester D. Wright, Duluth, registered at the ltyan yesterday. A. 11. Foster, St Peter, is registered at the Windsor. D. I. Russell, Aberdeen, is registered at the Merchants. W. H. Houlton, Elk River, was in the city yesterday. Rev. Dr. Hawley, Brainerd, was In the city yesterday. Frank Cole, Blue Earth City, was in St Paul yesterday. John M. Dwight, Dwight, Dak., was In the city yesterday. Mrs. J. C. Roberts and Miss Evarts, Wi nona, are at the Windsor. R. 11. Benson and C. W. Benson, Sib ley; J. V. Johnson, G. C. McMlchael and W. T. Black, Marshall town: F. W. Quinby, Dubuque, and C. K. Dickson and T. W. Place, a party of railroad men, are registered at the Ryan. AT CHICAGO. Special to the Globe. CmcAoo, July 11.—Senator D. M. Sabln of StUlwater, 1). T. Barney and Charles HortBSJ of Winona, Dr. F. N. Looinis of Bismarck are at the Grand Pa cific. E. B. Bogart of Winona is at the Palmer. E. B. Drum of St Paul, 11. O. Ferguson of Stillwater are at the Treinont Supreme Court. DECISIONS RENDERED. In re proceedings to enforce payment of real estate taxes delinquent June 1, 1883. The County of Ramsey, respondent v.«. The Chicago, Milwaukee & St, Paul Railway Company, appellant. Syllabus—Chapter 11, section 129, general statutes 1878, control in respect to the tax ability of the property of a railway corpora tion which has accepted the provisions of that act. JEha exemption from ordinary taxation de clared by turn act extends (as respects land*), only to such lands as are held and used for the proper purposes of the corporation, or to Mich u». although not in actual present use, are Ulnir prepared and appropriated to the purposes of the corporation by such means as may be nece*s*ry. Lands which have ceased to be used for cor-' ponition purposes are uixuble, whether the corporation rents the lands for|use v. individuals or suffers them to be wholly vacant. So lands which have never been used, but are held for use at some future time, are taxable, although it is probable that they will be needed for such contemplated ii-''. Lands not taxed in any year or year*. DSSmSBS it wan supposed thut they were not t;ixuli|.-, umy subsequently be taxed for those years by force or general laws ISBI, chapter 5. Upon a certification to this court by the dis trirt court of questions Hris-ing under the tax laws, the statement made by that court, as required by the Matute, of the facts estab lished, and of its decision thereon, has the effect of the findings and decisions of a trial court in ordinary cases. Our conclusion is that the determination of the district court was right, and it is affirmed. Dickinson, J. Berry, J.,took no part, being absent. Mary Thompson, appellant, vs. John Q. A. Hradeu and another, respondents. Syllabus—An order of the district court granted pursuant to rule 10, upon default to appear in response to an order to show cause, will not be reviewed and the merit* considered upon appeai from such order. The order therefore ulirmod. Dickinson, J. The State of Minnesota vs. Henry Kheams. Syllabus—Homicide is not justifiable as an act of self-defense from an assault threaten inpbodily harm, if it is apparent to the per son aiwailed ihat the threatened injury may otberwiMrbe avoided, as by retreating. Evi dence upon the other indictmeut for murder considered as showing that the killing, as an act of sell-defense, was obviously unnecessary. Evidence deemed legally insufficient to show a justification. A charge to the jury to that effect had aot er ror. Derry. J., dissentiog. It is the duty of the court to declare the case to the jury in criminal as well as in civil cases. Whether the evidence has a ten dency to prove any fact in issue in a criminal case is for the determination of the court. X«>t »oas to the ri»rht of cvideneo. The or der refuMn? a new trial is affirmed, and the cause remanded to the district court. Dicki.nsox, J. J. B. Dye, P. C. Bailey and J. M. Robert . partners; as BsBMJi Oft X Co., respon dents, vs. Sarah' S. Forbe* and Charles Me- Kenny, appellants. Syllabus—Sufficiency of complaint upon de murrer considered a contract for the con struction of a bouse for the defendant, F., upon her land, provided that upon the house F. should secure certain deferred payments of the contract price by a mortinure on property remuinixi!M«>the»«; plaintiQs.hiUt tb» pluintiS bad become emiilt>l to the mortgage security they thus a)>o owning tho debt to be secured. F. without ci.'Myifiertttiou mortgaged the prop erty to the defendant, McK. Held, thut the contract contemplated that F should not, be fore pirinjr the promised security, voluntarily charge the property with other ineumbrnnee*. That plfeintitf* were entitled to a specified performance of the contract., and to scud to au adjudication tleclttriny the prior morUrii>re of McK. to be subject 10 the plaiutifl > secur ity; or a> Hiruin>t the de'.endaut F. the pluiu tiff may recover daumjre* for breach of the contract, in which ease the measure of dam tyeg would be prima facio the amount of the debt. A iuechuniu'6 lien statement tiled by plaintiff's attorney, the furuishinjr of labor and material br them undor a written contract between themselves and the dclciidant, a copy of which is made a part of the lien statement, and which upon the fac- tat v> - that the plaintiffs were uot parties i<> the contract, but merely guar antors, held insufficient to enVct a statutory lien. The lien received mu-t show prima facie a rvhi on the part of the claimant to impose, a charpc upon the property. But for the raasons pr*>vk>i;»!v -tated the demur rer was properly overruled and the order is afliriued. Dickinson, J. The State of Minnesota, respond tnt, vs. An tony Cuuliony, api>el]aut. Syllabus—Upon the trial of an indictment the venire may be shown lnlirectly and cir- c-umstantially. Id resisting an attempted arr»»i by a j>eu.co officer, even though the ar rest be unlawful, the killing oX the officer by shooting him is not justifiable, when thero is neither danger of great bodily harm nor Other felony being committed by the ofiJccr, nor a reasonable apprehension of such dan ger in the mind of the ponton whoso arrest is attempted. Upon the trial of an indictment evidence considered a.s su*taini:ig a convic tion for manslaughter m tho second degree. An instruction of tho court to the jury that the case did not justify v coxvictiou for man slnufhtcr in either the third or fourth degree was not erroneous. .' city ordinance eiui tlod "An ordinanco rclativ*- to misdemeanor*, breaches of the peace end disorderly con duct," imposing tho penalty of fine and im pri.Mnunrni fur publio intoxication, for mak ing an.v noise, riot, etc., and prescribing somo other offense*, livid not subject to the ob jection that it violated a requirement of the city charter that the subject of every ordi nance shall \h- expressed in it- title, and that no ordinanco should embrace more than one subject. Tin- charter only authorized the penalty of . a flno and imprisonment. ■ The ordinance added cost- of prosecution. This clause of tbo ordinance MM void, but the remainder of the ordinance valid. An ordinance is uot invalid by reason of tbe amount of the fine or period of im prisonment, being Ml to bo determined in each c::-" by the discretion of the court, within a prescribed limit. The "noise" which an ordinance prohibited, construed to mean unreasonable noise of a nature to disturb the community. Evidence offered by the state in rebuttal, which should have been introduced at an earlier stage of the trial, may bo received in the discretion of the court. Tho violation of a city ordinance punishable by fine or imprisonment, is a pub lic offense authorizing the arrest of the offender without ft warrant by ; the peace officer. (]>ollceinan>. in whose presence the offence is committed. Proof of the circumstances under which a dying- declaration was made held sufficient to warrant the conclusion of the court that it was made under the conviction of impending death, and that it was admissaLle in evidence. Dyiiifr declarations in writing not lnadmissa ble, although the facts were drawn out from the deceased and afterwards written down by another, and read to the deceased, he as centlng to the truth of tho written statement. Various points respecting the charge of the court and relating to the claim or newly dis covered evidence considered. Order refusing new trial affirmed, and the sentence of the district court will be carried into effect. DICKtSsOS, J. -^^- Tke Iron Ilolllnr Mills on Rice street, to be commenced about August 1. and running in sixty days with fifty or seventy-five hands, and requiring forty or fifty houses to be built at once, Is right in the midst of the 100 lots Kavanagh will sell on the 18th for ilcClung, McMur ran & Curry. See what the harvester and plow works have done for. that Seventh street district and forecast the future of these 100 lots from this standpoint. There will be a great manufacturing center there and these lots will make money for the purchasers* •■ _ .-. . Polonaises of cream-colored lridia silk ate worn over skirts of embroidered muslin or lace. niXXESOTA TAX LAWS. An Able X>l»cu»Hion of the Question by Examiner Knnx. The July number of Rhodes' Journal of Banking, which is one of the standard au thorities on finance in New York, will con tain an article written by Him. H. M. Knox. public examiner of Minnesota, in relation to the measure recently before the state legislature in the shape of an act to provide a business check upon the funds collected by the treasurers of the several counties of the state. The article in ques tion was prepared at the request of the ed tor of the Banking Journal, and is a plain, concise statement of a measure framed for the better protection of the funds in our public treasuries, which Mr. Knox claims are without any adequate check. . The funds in the hands of the eighty county treasurers amount to nearly SS, 000,000 yearly, of which over $(5,000,000 are from collection of the tax levies, one-half a mill ion from the sale of public lands, one-third of a million from funds apportioned by the state fur the support of common schools. and the remainder from the sale of county bonds for public buildings, state appropriations for bridges and roads, tines, licenses, interest on deposits, etc. Mr. Knox says that the total amount re ceived by the county treasurers is increas ing at the rate of fully three-iourtlw of a million dollars annually. After explaining why the law provides for the oftice ot ptiiiiic examiner, because ol the frequent defalcation-; on the part of county treasurers, Mr. Knox proceeds to point out the obstacles which were found to be in the way of the working of any thor ough aud effective system of accounts, and which are inherent in the very structure of the laws. He quotes from the >*tate law to show that it uot only faiU to provide any adequate check upou the receipts of money into (he sanremJ taWHmries, hat that it has taken the check out of the hands of the Vounty auditor, the only other co-ordinate officer, and placed it in the hands of the county treasurer, trie very officer in regard to whose accounts the check was necessary. The point made by Mr. Knox in these transactions is that '"the whole proceeding, so far as the funds and the accounting for them are con cerned, is left solely and absolutely with the treasurer."' We quote fmm the article of Mr. Knox as follows: "His (treasurer's) receipt to the auditor for the total amount of the tax lists (osetkm 53) makes a falla cious show of protection, but eats no figure at all, as no charge to the treasurer is based upon it In fact this receipt if made at all Is on a printed pa^e. of the list itself, and ■.ipanies the book Into the treasurer's hands. The treasurer is ordered to collect the money '"and place the same, when col lected, to the credit of the proper funds.'' and of course under the uniform, or any correct system, to charge himself with the same amount. The treasurer tills and gives out the receipts, and is to return a dupli cate of them to the auditor (section 56) as the basis of that oflicer'tf debit entry to himself. The return of these duplicate stubs is required, by the new system, daily instead of monthly. The auditor is com manded by the same section to charge the treasurer with the amount of the stu!>s as made out and returned by him, and without any intimation that he Is to compare them with the correspondins: d.' scriptions and amounts upon the lists which are in the treasurer's possession. The treasurer holds all the data for such comparison in his own hands during the six months of the year in which, on ac count of the 10 per cent penalty, a very larir«> proportion of the taxes are paid. Dfjon the return of the lists to the auditor. on the Ist of June, and when an oppor tunity is given for such a comparison, the treasurer (section C>9) is ordered to make it, and the very structure of the language is such as to relieve the auditor from responsi bility In this regard, au opportunity which he is not slow to accept. After June 1. when the taxes are delin quent the auditor has possession and control of the tax Bam, and it might be supposed that he could then ehanm the treasurer with his collections of his own knowledge. But the taxes are then paid upon "statements" issued by the auditor and handed to "any j>en»ou wishing to jiay or redtvm'iM-et ion 81). The auditor ha-< no moans of kn>>\\ ing that payment is made. In fact, great numbers of these statements are applied for merely for the information of the taxpayer Uim<*if or of Ids non-resident principal. Hence the return of the treasurer's duplicate is the au ditor's first and only information as to the payments, and hence his debit entry to that officer is based, as before, on returns made by tho treasurer himself, and not upon any independent knowledge of his own. As to the payments into the treasuries of moneys other than for taxes, the utterly un guarded and inadequate provisions of law will appear by two quotations, viz.: "When any money is paid to the county treasurer, excepting that paid on account of tuxes charged on the duplicate, tbo treasurer shall give to the person paying the same du plicate receipts therefor, one of which such persons shall forthwith deposit with the county auditor in order that the county treasurer may be charged with the amount thereof." (Chapter 8, section 150, G. S., 1878.) '•Ttie county auditor shall keep an accurate account current with the treasurer of his county; and, when any person shall deposit with the auditor any receipt given by the treasurer for any money paid into the treas ury, the auditor shall file, such receipt in his otfico, and charge the treasurer with the amount thereof." (Section 140, Idem.) In this case the auditor Is entirely de pendent for his check upon the mem ory and entirely voluntary offices of any person waking a payment into the treasury. This iierson is himself protected by the treasurer's receipt which lie holds. Except as a citizen and taxpayer of the county (and he may not be either) he is in no wise personally interested further, and, of course, .should be charged with no further responsibility in the matter. From the quotations given it will be seen that our laws are consistent at least in this—that they entirely ignore, the funda mental principle upon which a reliable check can be based, viz: the necessary con currence in it of at least two independent Dorsous. As tiic result we have the singu lar and entirely unprecedented anomaly in bookkeeping, that by law the treasurer is made: —Tlio collector of the money. 'ii'l —The only j>o>N;i)le keeper of the bookl from oriirinul dut.i. Third—The auditor of h!s own accounts. As ■■ expected and a logic.il consequence of this novel system, sired by legislation and fostered by a quarter of century of practice, experience confirms the truth of the statement that the losses to the state by peculation, errors and omissions are many times greater than from the defalcations which the examiner act was devised to pre vent." ' * '.. Mr. Knox then proceeds to a discussion of the statutory amendment which is pro pond, and which has twice failed in the state legislature, and which failed for rea sons that he gives further along in his arti cle. He says that the only aim of the pro posed bill is "to introduce the auditor as an independent factor in the accounts, ami to restore to him as a co-ordinate officer the original cognizance of the transactions of the treasurer's office which the law takes away from him. The simple and the only remedy for this grievous defect in the laws is the retention of the tax lists and all other data in the hands of the auditor—their rightful depositary. Here the receipts will oritriuate aud be passed directly to the treas urer and thus the payment of every dollar to him will be known by 0M auditor aud the amount promptly charged to his ac count independent of any return whatever by him. The bill proposed, therefore, only the ordinary safeguards in use in all ex tended commercial transactions. Its pro priety and necessity appeal at once to the judgment of business men, and the hoard of managers of any moneyed company or corporation would hardly waste ten minutes in discussing and adopting such a common sense measure, if fndeed the necessity for such discussion could ever arise."' In regard to the bill which has twice failed of enactment because of the indirec tion and delays "on the part of a few si situated in the senate as to control the bill to prevent any final record of opinion as to its merits." Mr. Knox submits the follow ing reasons for this action, or non-action, on {he part of the legislature. He ■*<!>-: "The perfecting of the check necessitates a change in the relave labor and responsi bilities of the oflices of auditor and treas urer, involving a corresponding readjust ment of the compensation of these two officers. The satisfaction of the claims of one hundred and sixty officeholders at once presents a difficult if not a hopeless prob lem; and when one considers the vigilauce and the persistency of private interests it will not seem improbable that the attach ment of a salary-clause to any important instrument, as for instance to the Declara tion of Independence, would be sufficient to defeat its passage in most legislative bod ies. So that although the provisions of this bill were unanimously approved at a meet ing of the county auditors held during the session of the legislature, and a resolution passed by that body recommending that such provisions •should become laws dor ing the present session,' many of these officers were found arrayed against it. If to this we add the fact that the political fortunes of many legislators are bound up with those of the county oriieers, it will not be difficult to comprehend that strength would be developed sufficient to prevent the measure from coming to a vote." Any ireneral discussion of the bill upon its merits has therefore thus far been persist ently prevented. The adjustment of the pri vate interests of the otiicers concerned, the only real tiirlitinc objection of its opponents, could not be brought to light with any hope Of heariag up m agates! the entirely para mount public benefits to be gained by its passage, viz: the absolute control null se curity of the public funds. But under cover of certain broad statements which, however vulnerable, could not be considered in the closing rush of a limited session, the pur pose of its opponents was gained. Mr. Knox states as a surprising fact that the .heck has been still further weak ened by recent legislation by amend ments to the tax laws. which I the tax lists in the hands of the county treasurers on tho first Monday in January of each year, to be there, retained until the same day of the succeeding year. In concludinir his article Mr. Knox says: The ouJy rOMtataf query is. What should now bo done.' W«B, I should s:iy, briellv. Keep at it. All reformatory measures oobm slowly. In our nowor communities, where. every ont is absorbed in his own private pur suits, the public is k'thurgic and indifferent to its own inter The peoplo of the state have settled down under the impression, liecuuso for twenty rive years no one has told them to the <oii- trary, that our public funds are properly controlled and secured. They have gone on for that lenjrth of tirua all Wiling every two years an officer in each county called an au ditor, and innocently supposing that the func tions of that officer corresponded with those attached to the accepted meaning of the word. In the main our officers have been faithful to their trusts, but, as in other states, wo have never been wanting in the one or more exceptions for whom all checks and other le pal restrictions are made, and for the detec tion and punishment of whom all good and honest officers cheerfully submit to surveil lance. Much ground has already been gained by discussion of the subject in reports, guber natorial messages, and through the press. A littlem,ore light, such as you kindly propose tojrivo. and opposition to the measure will vanish Once formulated into law, and its ma chinery adjusted, the only wonder will be that our public affairs could ever have been so loosely administered. A Gallant Officer. Stockton Maverick. Tommy Eiggs, deputy constable of Lodi, stands 4 feet 10 inches in his stocking feet. lie is a thin little fellow, and so constituted that he couldn't very well wrestle with a cyclone, although he has lots of nerve. Re cently a circus visited Lodi with a brass band and a clown. The show didn't have much of a house, and incurred bills which it refused to pay. Several Lodi creditors issued writs of attachment, and cave them to Tommy to serve. Tommy, in an official capacity, visited the sawdust arena. "What do you want here?" inquired its proprietor. ."I am the Lodi constable," replied Tommy, revealing the star of authority, and I came here to serve you with attach ment papers." "If you didn't have that star on I would take you up and break you in two." "Is that all that restrains you?" asked Tommy. "Yes." "I will take this star off," remarked the little constable, "and lick your whole aggre gation of wonders. 1 will knock the spots off the tattooed woman; I will paralyze the sacred elephant in the first , round;" I will strangle the boaconstrictor, and wipe the tented ring with your presence. I'm small, but.' Fin a holy terror when turned loose among the spangles and animals." The circus paid all its bills before it left town. -*i ll is Heart Was Touched. Merchant Traveller. He had been going to see her a longtime, but never stated the object of his visits, and she was desirous of knowing something of the future. The last night he called he seemed to be quite sad, and after several well-developed sighs he said: "Life is full, very full of bitterness, Isn't it?" . "Oh, I don't know," she responds cheer ily. "I haven't much cause to complain." "Possibly not now, Mary, but the bitter cup has been placed to your lips." "Vis Henry, my parents are dead." "And is there no bitterness in that, Mary? Is it not very, very sad to be an orphan?" "Of course it is, Henry; but you see" — and she blushed vividly"it relieves you of the embarrassment to ask father." Henry's heart was touched. Summer <iooiis. /John Matheis keeps, at his mammoth stores on Third and Seventh streets, goods suited to all seasons of the year. At the present time he is doing a large business in mattings, light rugs, mosquito net.- and ma terials for'decorations. Many of the White Bear and Minnetonka cottagers have fur nished their summer houses in a most artis tic manner with the assistance which has been given them at Mr. Matheis* stores. He also baa displayed for sale a great vari ety of beautiful carpets, oil cloths, curtains, draperies and wall paper. All are selected with great care and nod judgment, and everyone who has in view house furnishing can be suited. Business during the past week has been goal, and prospects for the coming week are flattering. Don't forget where ; the stores are located, 17 East Third street and corner Seventh and Pine streets. Without Theater or Circus. Everybody on the island of Malta works and slaves at least sixteen hours a day, and he is fortunate indeed who counts his weekly stipend at a dollar and a half. There never has been a theater or a circus or a secular holiday in Malta, and the popular amusement is confined to least days, when the people congregate in one place and make themselves sick on pink candy. In the evening, when the hot, blistering sun goes down, you can go up to the basin, where the sea leaves a placid pool in the rocks, and indulge in the giddy dissipations of a bath. You can live there in splendor for five dollars a week, but at the end of four years you wont know whether you are a catamaran or a blind fish. The 100 L.ot<4 To be sold on the 18th on Rice street by Kavanagh for McClung, MoMurnm it- Curry, will be the first sale of lots in that promising hx-ality. Purchasers will there fore have the advantage of buying at the lirst prices. Look back at lust prices on Seventh and then look forward at future prices on Rice, which is the great thorough fare, ten miles long, and is to be the dupli cate of Seventh street. Committing: Suicide. "How i» Jim Billiard getting on?" asked a stranger at a railroad statiou of a Dakuu town. • "Jim kermitted suicide 'bout er month ago.'' replied a native. '•Committed suicide? How did he com mit suicide?" "Called me a liar, stranger." There will be a meeting of the Brick layers' Union No. 1 of St. Paul at Arion hall, corner of Third and Market stret t>, next Thursday evening. All bricklayer-; are requested to attend. The Plumbers' union meets the second and four Mondays of the month. OHTJECH SEEVIOES. Marion Street chapel,preaching at 8 p. m. Rev. R. Forbes will preach in the Ger man church, in East St Paul, at 4 p. m. Jackson Street M. E. church, Rev. R. Forbes will preach at 10:30 a. m. and 4 p. m. Service at the Church of the Ascension (Episcopal), Stilhvater, Sunday morning at 10:30. First Baptist church, corner of Wacouta and Ninth streets. Preaching by Rev. D. McLaurin of Minneapolis, at 10:30 a. m. and S p. m. The Rev. M. N. Gilbert will hold service at Camp Bend, White Bear lake, at 9 a. m. and at St. John's in the Wilderness church at 10:30 a. m. The Atlantic Congregational church, cor ner of Bates avenue and Broadway. Ser vice-; 10:80 a. in. and 8 p. in., conducted by Rev. E. P. Chittenden. Christ church, corner of West Fourth and Franklin streets. Rev. M. N. Gilbert,rector, Rev. Sydney (J. Jeffords, assistant. Ser vices at 10:30 a. m. aud 8 p. m. Plymouth Congregational church, cornel Wabasha and Summit avenue, will hold tha usual services at 10:30 a. m. and 8 p. in., the pastor. Rev. Dr. Dana, officiating. Sunday services. First AT. E. church. Preaching at 10:30 a. m. by Rev. Geo. W. Cray of Chicago, representing the Freed inen's Aid society. No evening services. English Lutheran services will be held in Memorial church, Sixth street, west of Franklin, at 10:30 a. m.; evening services at 8 o'clock, subject, The Manna in the Desert. St. John the Evangelist church (Episco pal!, corner Ashland avenue and Maekubiu street. Rev. K. Jay Cooke. rector; morning prayer and sermon 10:30 a. m.; prayer ami aermon 5 p. m. Woodland Park Baptist church, preach ing in the morning by Rev. R. W. Arnold, in tin- evening by Rev. E. B. Miner of Cedar Rapids, la.; conununion at close of morning sermon. St Paul's chorea (Episcopal). 3SI East Ninth sireci. Key. E. S. Thomas, rector; Edwin Johnson, lay assistant. Litany will be said in the guild room Sa. in. The church will not be opened to-day. New Jerusalem (or Swedenborgian) church, Market street between Fourth and Fifth streets. Key. Edward C. Mitchell, paster. Service at 10::->0 a. m; subject: Calling the Poor to Our Spiritual Feasts. Park Congregational church, Mackubin and Holly streets, Norman Seaver, pastor. Morning service 10:8(0 a. m.; subject of sermon: Christ the Ulory of God; evening service Bp. m.; subject of sermon: Kept in Prison. During the three weets' vacation of Rev. F. O. Holman, there will be no regular evening service at Bates Avenue M. E. church. The usual morning service will be supplied to-day (July V 2) at 10:30 by Key. Cyrus Brooks. Yellowstone National Park. The delightful excursions to the. Yellow stone National park over the Northern Pacific railroad are meeting with splendid success, and applications are numerous. We would advise all contemplating a trip to the wonderland of the world not to de lay in securing their accommodations. The Northern Pacific railroad will run special excursions from St. Paul and Min neapolis to and through the Yellowstone National park, leaving the above points on the following dates: July 5 and "35. Aug. 15 and 31. Kound trip will be made in nine days. A book of coupon tickets will be fur nished the tourist for Sl2O, covering all traveling expenses as follows: All rail transportation west of St. Paul, Pullman sleeping cars and meals on dining cars each way, entire stage trip through the park and live days' accommodations at the hotels. Nowhere else on the face of the earth can there be found such a multitude and variety of natural wonders, and especially such abundant evidences of intensely heated subterranean waters. The eye of the tourist is arrested, de lighted and startled in turn by grand moun tains Becked with perpetual snow, and radiant with strange varieties of color, lovely lakes, roaring torrents, the greenest of green and hi nest of blue; above all, gen uine geysers of every size, form, and period of eruption, including much the largest known in any land, making the Yellow stone National park really the wonderland of the world. WarrifMl Life Healthy. In an address to young men, Dr. W. Pratt of London says that married life is by far the most healthy. In 1,000 married men of 85 to -'>0 years of age tli&e arc 5 deaths; 1,000 bachelors furnish 10 deaths, and 1,000 widowers ::_2 deaths. In young n-.en married before -20 years the figures are unfavorable, being4o per 1,000. In un maried men under -20 the rate is but 7 per 1.000. li'girls marry before '20 a like mortality befalls them. Married people from IT to 20 die as last as people from 60 70. After til marriage should be con tracted as soon as possible. The PI are tor Eating. The Criterion restaurant, 48 East Seventh street, is where everyone who can <3o so should !_vr their meals. It is one of the. neatest uid cosiest eating halls in the city, and tba cooking is the very best. An ex cellent dinner can be obtained for 25 een.s, and dislits to order are correspondingly low. Those who once patronize the place sHdom ft) anywhere else for their iieals if they live near enough to the Criterion to return. Drop in to-day. Victoria's Photographs. It Is said by one who professes to know that the queen's household includes a trusted attendant, -whose especial duty it Is to look after and arrange the collection of photographs of members of the royal family that are arranged chronologically in a series of albums. It is the queen's express wish that her collection shall contain a copy of every photograph of her children, or grand-children, which is taken, and the collection has consequently assumed pro portion that may ere long result in the ap pointment of a "custodian general of cartes and cabinets." ■1.-\ The likl hi cmoms We otter you to go on the excursion Thurs day next to the Dalles of the St. Croix are: Ciooil ■ '.Mijmny, grand scenery, cheap rates, WVing oi time, and still plenty of time at the Dalles. Now, if you are ever going, make op I party of friends and join us. Royal Authors. Th ; Julius Ca>sar seem to ex ercise ;i peculiar fascination over authors of exalte-i rank. Prince William, the eldest son <>: the crown prince of Germany, has written a \*M>k on "The Wars of Casar in the 'Light of Modem Strategy." The work i- based upon a series of papers which the pi no-recently read before the members of *be < HH< is' Scientific Society at Potsdam; n it has been prepared for publication mainly in deference to the wishes of Ct" nr Vf>n Moltke.who was pres ent wX the ivftfing of the papers, and was much struck .'•> the correctness and origin ality of the prince's "!>-wrvations. Few Such Opportunities Present themselves to see the Dalles of the St.Croix so cheaply,and have so much time, and go in a such nice company as will be in the excursion going Thursday next. Don't fail to go. t\ .„.„ ■ I . .. - , ——, n rr! lower Rates for Clergymen. Clerk (to Mr. Isaacson in back room)— "Mr. -Isaaestein, der sljeutlemans who is looking at dot peautiful\ seventeen-tollar coat says he vas a clergy mans." *- Mr. Isaacstein--"Make dot shentlemans who vas a clergyman 30 per cend. discound on." *,•■■".-•::'—..;., Clerk—"Der shentlemans says he will give fivetollars for dot coat, und not»- Quid more." . • > .-< - ? Mr. Isaacstein—"Let him have dot coat, Jacob, but don'd make no discound off." ; ii The latest tea-table luxury—leed tea (a la Russe) with Lactart in place iof - lemon, delicious and exhilarating. Try it. Drug gists and grocers. . #jf.(;>:. . . ' - ..••■-. •«' "/'.•