• v 2
SAINT PAUL.
Additional City News on Pages 8.
HOTEL. AND STREET CHATTER.
The 'Donnelly scheme of dividing the
Fanners' alliance vote in the interests
of GOT. Merriam continues to be the all
absorbing topic of conversation amonii
the state politicians whenever they
cbance to run up against each other in
this city. Without exception the real
farmers declare themselves emphatic
ally opposed to helping Mr. Donnelly
carry out any contract he may have
made with the present governor of the
state, and they propose to do all in their
power by way of mutual concessions to
prevent "any serious difference arising
that wouldiead to any honest and sin
cere worker's being induced to follow
Mr. Donnelly's lead. "1 was surprised
at the interview given out by Dr. Fish
and published |n an evening paper yes
terday." remarked a leader of the alli
ance movement in Blue Earth county
last evening, "for, despite all reports, I
did not think that Mr. Donnelly
would Ptoop to such contemptible
methods in his efforts to help along
GOT. Merrianfs cause. There is no
such a thing as a Hall and Lathrop
clique or ring in the alliance, and I am
firmly convinced that both of these gen
tlemen fire working honestly and un
selfishly for the good of the organiza
tion, they certainly did accomplish
somethins: 'substantial for the farmers of
the state when they ran down that
twine investigation farce, and forced
a reinvestigation which has resulted in
an oreer from the governor to at once
commence the erection of such a plant.
Mr. Donnelly and his few allies will be
obliged to have some good and more
honest reason for bolting this coming
convention than they have yet shown
before, they will succeed in taking off
many followers."
Hon. \\. H. McClelland, of Glencoe,
was in the city on legal business yes
terday, and .spent a portion of the day
chatting with friends at the Merchants'.
Mr. McClelland is the chairman of the
Republican congressional committee of
the Third district, and was largely in
strumental in securing the election of
"Dar" S. Hall to congress two years
ago. lie is quite an enthusiastic Re
publican, but In spite of this, it
would be a little rough on
him to suppose for a moment
that he was at all proud of his job, ex
cept from the fact that a llepublican
bad been elected. Ou being asked his
opinion of the probable result this year,
he said there was no doubt of Mr.liall's
renomination and he felt quite sure that
he would be re-elected by a good ma
jority.
A number of the leading Democrats
of the state chanced to meet at the Mer
chants' yesterday afternoon, and, after
talking politics for r time decided to
drop across the street and pay their re
spects to that staunch old leader, Hon.
Michael Doran. This they did,
spending a half hour or
so in discussing the political
outiook. It was no slate-making meet
ing, however, and hardly more than
/me or two members of the state com
mittee were in the crowd. Among those
present were Senator E. W. Durant, of
Stilt water; Hon. J. W. Lawrence, of
Minneapolis; lion. R. L. Frazee, of
Frazee City; lion. David T. Calhoun,
of St. Cloud, and a number of others
from different portions of the state.
The first delegation to the educational
convention came in from Brooklyn yes
terday and secured rooms at the Wind
sor. It was made up of two ladies and
two gentlemen, teachers in Pratt's insti
tute of-tlrat city. Their autographs ran
as follows: William E. Drake, C. F.
Sdminster, Miss E. C. Kiug and Miss
Burgess. •,
The trusttes of Shattuck military in
stitute,, of,. Faribault, met at the Mer
cliiuVts yesterday and reviewed the
business of . tlie past scholastic year.
Accounts were audited and a vast
amount of routine business transacted.
Those present were: Bishop Whipple.
of Faribault: Bishop Gilbert, of St.
Paul; Bishop E. S. Thomas, of Kansas;
Judge-K T. Wilder, of Red Wing;
Reuben Warner and A. H. Wilder, of
Paul; Prof. James Dobbin, of Fari
bault,-and Judge At water, of Minne
apolis.
Aid. "Clem" Schroeder, of Mankato,
■was registered at the Clarendon yester
day. Mr. Schroder, besides running a
lame hardware store, finds time to at
tend to his aldermanic duties and sinsr
solos at almost every musical entertain
ment in that section of the state.
Hon. Charles C. Willson,of Rochester,
walked restlessly around the Ryan
lobby last evening, now and then mak
ing an effort to read; but it was of no
avail, his mind was so much absorbed
in the argument he will make before
Judge Miller, of the United States su
preme court, in the Holden case this
morning,that rest and relaxation seemed
absolutely impossible. Mr. Willsqn ex
pressed considerable confidence in his
ability to save Holden, and, as he is one
of the oldest lawyers in the state, his
opinion is entitled to great weight.
Sioux Falls was represented at the
Ryan last evening by a very pleasant
party, made up of Mrs. H. 11. Keith,
wife of the sneaker of the last territorial
legislature of Dakota; Miss Flora Keith
and Mrs. N. M. Dunham.
Hon. A. D. Thomas, of Fargo. North
Dakota's new district judge, is a liyati
guest.
WHKHE THE JIONEY GOES.
Enormous Overdraft of the State
Revenue Fund.
The state treasurer's report of the
condition of the state finances at the
close of business on June SO was given
out yesterday. The revenue fund con
tinues to be in the soup to the tune of
J50.K15.68, while the other funds show
up with the magnificent total of JSBL,
--932.97, and, after deducting the amount
overdrawn in the revenue fund, there
remaius a balance of $531,697*29 in the
state's strong box. It is divided up as
follows:
Soldiers' relief fund.. $13,785 57
Forestry fund 12,130 32
Permanent school fund 35.916 <»5
General school fund 823,845 79
Reform school condemnation. . 9,539 35
Permanent university fund . . .. 33,1)90 77
General university fund 5,010 12
Reform school sale and building 25,458 40
Internal improvement fund .... 25,731 40
Internal improvement land fund 117,033 23
Internal improvement hind fund
interest 3,249 55
School textbook fund 28,292 77
State institutions fund 5,165 01
Sw&mn land fuud .. 5,107 72
Graiu inspection, fuud 37.046 92
Totals $581,932 97
Deduct revenue fund overdrawn 50,235 t>S
Actual amount in treasury. (531,697 29
ST. PAUL'S PORTRAIT.
The Northwest Magazine Issues
Another Beautiful Number.
Pictures can hardly do iustice to St.
Paul's natural beauties at this season,
but the July number of the Northwest
Magazine serves a noble purpose in
giving to the world an idea of what the
city looks like, the extent of suburban
improvements and the magnitude of the
principal business blocks. These are
all things of which the good citizen is
proud, and he is not slow to encourage
and appreciate a work of the printer's
art that places them In an attractive
form before many thousand readers in
distant states.
• Several of the fifty-odd cuts that were
prepared especially for this number
are worthy of extended notice. One in
particular, a magnificent double-page
view of the business district, taken
from on elevated point north of the
capitol, is without exception the most
comprehensive picture of this city ever
produced. The number contains sixty
lour pages, enclosed in an illuminated
white paper cover, Is perfect In print,
lUUi id altogether bomething to admire.
IT SMELLS TO HEAVEN
Citizens of the Fifth Ward
Last Evening Stormed th 3
Council Chamber.
ty Fathers Beseeched to
Close Down the Obnoxious
Rendering 1 House.
The Owners Express Willing
ness to Pack Up and Get
Out in Sixty Days.
Matters of Considerable Im
portance Passed Upon by
the Aldermen.
In the absence of President O. O. Cul
len at Washington, Vice President
Minea presided over the meeting of the
board of aldermen last evening.
The board of water commissioners re
ported that W. A. Somers had been ap
pointed engineer for the board at §3,000
a year, horse and buggy and keep there
of to be included with salary, and ask^d
confirmation. Aid. Flaudrau inquired
if this was a new appointmeut,
or an old office heretofore filled.
Aid. Gehan said the city engineer had
formerly filled the position, but could
do the work no longer. Aid. Flan
drau stud he could not see the necessity
of increasing the expenses of the board
$3,000 a year. Commissioner Liudeke,
of the water board, said the council
could approve or disapprove, but the
board would not have elected such an
officer if he had not been needed. So,
on a vote, the council ratified the ap
pointment wtthout a dissenting vote.
A petition from a number of hotel
men asked that hotel ruuuers be abol
ished. The petition, together with an
ordinance of the same tenor previously
introduced, was referred to the city at
torney and Aid. Flandrau.
James J. McCafferty put in a bill for
8500 for services in defending Police
Officer Peterson, charged with murder
in the second degree by Daniel Cash
man, father of Neil Cashman, the man
who was shot in, self-defense by the
officer. The lawyer claimed he had put
in sixteen days' services on the case.
Prominent property owners sent in
two petitions protesting against Jim
Hill's effort to fence off a part of Wal
nut street for private use, which was
referred to the committee on streets.
The bill of the Azotine company for
81,250, garbage removed during June,
stirred up an odor less offensive than
the company's works on the flats, but
expressive enough. Aid. Dorniden said
the works were a nuisance, and did not
want the bill allowed. Aid. Banholzer
thought the works should be shut
down, as it was understood when they
were located on the flats that there
would be no odor, instead of which the
stench during the last week had been
all but unbearable. Aid. Flandrau
said that he had been informed
during the afrernoon that the Mc-
Millan rendering establishment, which
contributes largely to the nuisance
complained of, would remove if given
sixty days' time. The McMillans ac
knowledged that the location was not a
tit place for such an establishment.
The Azotiue bill was allowed. A com
munication from Health Inspector Hoyt
.said the odors were prejudicial to
health: that the companies had been
notified to abate the same; asked the
council to act at once; and said that
unless the body took immediate action
public health was endangered. The
matter was referred to the committee
on streets. Aid. Banholzer asked that
the citizens of the section be heard. Wai
ter Ife, O. E. Dodge and a number of
others pictured the frightful odors aris
ing from the rendering establishment
and Azotine plant, and related the .sick
ness that prevailed, which physicians
attributed to the smells from the plants.
Aid. Sullivan asked if the council could
take action at this time to stop the
work. City Attorney Hoi in an stated
that the McMillan rendering establish
ment was placed there under ordinance
passed years ago, and it could be done
away with in the same manner. As to
the Azotine company, its contract was
to dispose of offal without odor, ana if
it did not fulfill it payment of the $1*250
per month could be refused. The com
mittee on streets and health officer will
at once investigate and report to a
special council meeting.
The bond of Market Master Platte in
the sum of 55.000, with B. Vogel and J.
N. Jagger as sureties, was approved.
The board of public works reported
against the following improvements:
Grading of East Seventh, Pittstourg.lvy,
Belmont, White Bear, Avon, Richmond,
Ray, Chatsworth, McMenemy, Victoria
and Pascal streets,paving of Rice street
and a sewer on Belvidere street.
The old Hendrickson claim, rejected
by the old council and its committee on
claims, bobbed up again in the new
council. Aid. Sullivan, a member of
the old council, voted against its allow
ance. The amount is ?4 ( JO.
Although approved by the chief of
police, the claim of George C. North for
$27 as stenographer in the Neil Cash
man case, shot by Officer Peterson, was
not allowed. The milk ordinance, here
tofore reviewed, came up for action.
Aid. Sullivan said if it was for the pur
pose of giving place to a few persons, it
might be a very good thing, bat he did
not see how it was going to do more
than the state dairy inspector was now
doing.. After much desultory discus
sion, the ordinance was referred to the
committee on ordinances for modifica
tion as to the fees to be charged the
dealers. •
By resolution, a fountain to cost SSOO
was ordered for llainpdeii park.Midway
district.
An ordinance repealing Ordinance
No. 611. which grants J. S. McMillan the
right to maintain a packing house on
the upner flats, was referred to the com
mittee on streets. The ordinance is de
signed to abate the stench complained
of by citizens in that section of the
city. -
By resolution, persons are prohibited
from dumping refuse matter on the
upper river flats.
"The city engineer was instructed to
erect a speaker's stand opposite Kice
park, for use of the National Educa
tional association.
A resolution appointing Henry Gal
yin as sergeant-at-arms of the council
at a salary of S3OO per year went to the
ways and means committee. He has
been acting without compensa f ion, being
a police officer detailed for the purpose.
Without discussion the ordinance giv
ing the Wisconsin Central the right to
the alley between Fifth and Sixth
streets from Brook to Broadway was re
ferred to the committee on streets. The
ordinance confirms the Villand scheme
printed in yesterday morning's Globe.
An ordinance providing for the in
spection of meat, emanating from the
same source as the milk ordinance, and
which has received attention in the
Globe columns, was referred to the
committee on ordinances.
Aid. Gehan introduced an ordinance
providing for the appointment of an
additional jailor and an additional
patrol wagon driver for Margaret,
Dncas and Rondo sub-police stations.
Under a suspension of the rules the
ordinance passed. Heretofore the jail
ors and drivers were supposed to be on
duty for twenty-lour hours, and could
only be relieved for meals by the calling
in of a patrolman.
Aid. Gehan also introduced a resolu
tion authorizing the mayor to appoint
fifty additional patrolmen to the police
department. It was referred to the
committee on police.
Aid. Bielenberg introduced a resolu
tiou providing that the city should rent
the Kamaley triangle at a rental not to
THE SAINT PAUL DAILY GLOBE: "WEDNESDAY MOKNING, JULY 2, 1890.
exceed §50 per month and sub-let to
market gardeners, the fees to be col
lected by the market master. In view
of the fact that the property has al
ready been rented to Noah Sinks, who
is sub-letting to the gardeners, It is not
clear how the city is going to snatch
the right from his hands.
A broad smile went abont the specta
tors' gallery when Aid. Flandrau ob
jected to Aid. Dobner's resolution to
change the name of Pillsbury street in
the Tenth ward on the ground that it
might be taken as a reflection on the
ex-governor by Minneapolis, since St.
Paul was now engaged in a controversy
with Minneapolis over the census. Aid.
Sullivan also though the name should
not be changed just at the present time.
Aid. Dobner explained that the reason
for changing the name of the street was
because there was already a Pillsbury
avenue in the district, and it led to
confusion. He only introduced the
resolution to simplify matters, but
would withdraw it with the council's
consent. The council consented.
UNPRECEDEXTEDIiY HOT.
June Weather the Warmest for
Years.
The meteorological summary for the
month of June, as reported by the
United States Signal service, indicates
that the weather has beeu almost un
precedentedly hot. The comparison for
corresponding: months furnished goes
back to 1841, and in all those years the
past month has been, with two excep
tions, a shade the warmer, with a mean
temperature of G9.8 dear. The follow
ing is the comparison of mean tem
peratures for twenty Junes, and it will
DC read with interest:
1871 U6.8 1881 67.0
1872 67.0 18S2 66.1
1873 73.0 1883 66.1
1574 68.7 1884 69.7
1875 63.3 1885 66.9
1876 65.9 1886 65.9
1877 63.6 1887 69.6
1378 66.6 18s 8 67.0
1879 70.1 18S9 64.0
1880 67.0 1890 69.8
The highest temperature during the
past month was on the 27th, when the
thermometer registered 94 deg, and the
lowest temperature was 51 deg, regis
tered on the 7th. The greatest daily
range of temperature, 20 deg, occurred
on the 15th, while the least daily range
was that on the sth and 14th, when the
variation was only 5 deg. The mean
barometer was 29.890; the highest,
30.243, on the Bth, and the lowest, 20.445,
on the 4th. The prevailing wind for
the month has been from the southeast.
The total precipitation for the month,
5.29 inches, lias been considerably more
than the average for the past twenty
years. It rained on eighteen days, ami
the total exetss of precipitation has
been 44-100 of an inch, but there has
been a deficiency in precipitation since
Jan. 1 of Co-100.
The total precipitation fer each June
for twenty years has been:
1871 G. 56 1881 2.87
1872 3.811^82 2.t>B
1873 7.74 1883 7.04
1874 11.U7 IS-4 3.57
1875 4.33 ISHS 3.73
187ti 2.02 18M6 3.63
1H77 7.131887 2.89
1878 3.58 1888 1.95
1879 1.70 1889 1.61
1880.. , 5.55 18U0 5.20
WHT THIS CROWING?
St. Paul Will Shortly Be a Finan-
cial Reserve Station.
The Minneapolis Tribune professes
to be very much elated over the fact
that the comptroller of the currency has
designated Minneapolis as a reserve
station for the deposit of surplus funds
by the other banks in tbis district. St.
Paul could have had that distinction a
year and a half ago, had our bankers
consented. As a matter of fact, there
isn't a cent in it for the depositories,
and there is what the St. Paul bankers
consider an undesirable condition pre
scribed—namely, that the banks of a
reserve station must keep at least 25 per
cent of the funds in reserve. Ordinarily
a reserve fund of only 15 per
cent is all that is required,
and the only benefit that can accrue is
the reputation it brings to a city. Ke
cently the St. Paul bunkers were re
quested to reconsider their former atti
tude and accept the distinction without
emolument, and yesterday the bankers
accordingly held a short session at which
it was unanimously airreed to accept the
trust under the national banking laws.
Consequently St. Paul will soon be con
stituted a full-fledged reserve statiou.
COMING CONVENTION.
Notes Gathered at the Educational
Headquarters.
The new offices of the association in
the Endicott building are spacious and
well arranged for the easy transanction
of the stupendous business to be done
there within the next few weeks. Clerks
are being engaged to assist in the work
as rapidly as they can be found and
tested as to their competency, and there
seems no room for doubt that the busi
ness will be handled with ease and pre
cision.
Ihe Cornell reunion will occur after
the evening session on July 10. All in
formation will be furnished by James
A. Haight at the Portland hotel.
W. H. Garrett. of the editorial staff
of the National American, is private
secretary to President Canfield for the
term of the convention.
Bishop Keane, rector of the Catholic
university at Washington, who was in
jured severely in a railway accident a
week airo, replies to a personal message
scut by President Cannekl on receipt of
the news, saying that his injuries are
not as serious as at first reported, and
that be expects to be out of the hospiUil
within two weeks. The bishop hopes
that the meeting of the association, in
which he takes a profouud interest, will
be successful. At the time of the oc
currence of the accident Bishop Keane
was about to start on a European tour,
which has, of necessity, been postponed
indefinitely.
President G. S. Albee, of the state
normal school at OshKosh, Wis., has ad
vised the officers of the association that
owiug to the failure of his sight he has
been obliged to submit to a surgical
operation which will keep him in dark
ness during the month of July, and will
necessitate his absence from the con
vention.
Supt. Ira G. Hoitt, of California, has
written stating his inability to attend,
and expressing regret thereat. f
J. I>. Airington, representing the
Graphite Pencil company, is in tlie city
making arrangements for the comfort
of the Chicago delegates. He is the
Samaritan who, at the Chicago conven
tion, dealt out 175,000 glasses of lemon
ade to the visitors gratis.
Tre Denick Called Away.
Aii air of regret pervaded the audi
ence at the Harris theater last night,
when it was announced that Mr. Tre
Deuick, the versatile comedian of the
Wilbur company, had " been suddenly
called away from the stage for a rlying
trip to his home in Philadelphia, whore
his father died laic yesterday evening.
S. Letrgett assumed Mr. Tre Denick
role of the brigand with all the ability
that the suddenness of the task per
mitted. • •
The University Electric.
Before nightfall the tracts for the
electric motor line between the Twin
Cities will have been "laid, but .-.the
power houses have not been constructed
yet, nor the wires strung, and ; the line
will probably not be put iv - operation
until Oct. 1. - ■
■ - : — '.. ■— ..
Celebrate
.The Fourth by visiting; your friends in
Chicago, Peoria, St. Louis, Kansas City,
St. Joseph: Dcs ' Monies, Quincy, Keo- :
kuk, Burlington, Mounioutb, LaCrosse,;
DubuquiVWinona, and : all points, on
the Great Burlington/" System. One'
fare for the round trip \ between = all sta
tions east of the -Missouri river. Tick
ets on sale ■July 3 and 4, good to return
on or before July 7. Ticket offices, 164
East Third street, ~ Paul; SOO « Nicol
let avenue, Minneapolis, and uuiou de- .,
pots iv both cities.
A CLEAR KNOCK-OUT.
Photographers Not Allowed
to Dispose of Photographs
of Their Patrons.
For Doing* So a Minneapolis
Artist Is Warmly Round
ed Up.
A Ticklish Point of Law
Straightened Out by the
Supreme Court.
Variety of Other Decisions
Which Will Keep the Law
yers Guessing 1 .
Photographers cannot give away or
sell photographs of their patrons with
out the permission of the latter, says
the supreme court of Minnesota in the
celebrated case of Mrs. Ida E. Moore
against Photographer A. B. Rugg. of
Minneapolis. This case is one of es
pecial importance, as it fixes the law of
tUe state, if not of the entire nation, on
that point, it being the first case of the
kind ever tried iv this country. Mrs.
Moore, who is a very handsome woman,
it is said, had Mr. Rugg make some
photographs for her in ISS7. A year
ago one Clark, a detective in the em
ploy of a local detective asreucy in Min
neapolis, was hired to watch Mrs.
Moore for the purpose of securing evi
dence in a case afterwards tried in the
Mill City. This detective went to Mr.
Rugg and secured a photograph of
Mrs. Moore, which the complainant
alleges that he was accustomed to ex
hibit in various shady places through
out the city. This was brought to the
attention of Mrs. Moore and suit was
forthwith commenced against Mr. ftugg
by her attorneys. The defendant de
murred to the complaint, alleging that it
did not state a cause of action. This
was overruled by Judge Rea, and from
this an appeal was taken by Rugg.
In the brief of the defendant's attor
ney there are many amusing and highly
interesting passages, In one of which it
is alleged that the plaintiff could not
suffer damages because of her photo
graph being exhibited in evil resorts,
because of the elevating effect it would
have on those who saw it in such places.
The fact that pictures of Mrs. Grant,
Mrs. Cleveland and other noted women
could be found in such places was cited
as showing that it wa3 nothing to the
discredit of the women in question.
The whole point iv the decision, how
ever, is embodied in one sentence of the
syllabus, which says:
There is au implied contract between the
photographer aud his customer thai the
negative shall only be usetf for ttie printing
of sneh portraits as the customer may order
or authorize.
'"There is both common law and com
mon sease in this decision," remarked
a weH-known gentleman yesterday, "for
it will protect ladies from one of the
smallest and meanest tricks of some
photographers." The syllabus follows:
Ida E. Moore, respondent!;, vs. A. B. Raggr,
appellant. Order affirmed, Collins, J.
There is an implied contract between
a photographer and his customer that
the negative for which the customer
sits shall only be used for the printing
of such photographic portraits as th§
customer may order or authorize. The
complaint herein states a good cause
of action.
Railway Employes. ' : ' r lx
Gunner Smith, Jbijr Jons G. Smith, guardian*
ad iitem,' .appellant, vs. Tke >t..Paiil & Pu"-*
luth Kailroiul Company, respondents. 1 ; Or ""
; uer affirmed. " T -. . . ■ " Dickinson, J, >* <
, The statute of ISS7, relating to the re
sponsibility of . railroad coinuan.es ' to
their servants;: considered as applicable,
with respect to the alleged uegligence
of a- locomotive, engineer, in operating
his eugine, resulting in injury to a sec- j
tioti hand at work on the road. The
rule, of Hicks vs. Stone. 13 Minn., 434,
and other cases, that the granting of a
new trial by the trial court wilt not be
reversed unless the evidence was mani
festly aud palpably infayor of the ver-.
diet, applied in . a : case involving ques
tions, of the negligence of a locomotive
engineer ami of the plaintiff, a section
man, injured by the locomotive.
Personal Property.
The Faribault Water Works Company, ap
pellant, vs. The Board of County Commis
sioners of Rice County, respondents. Judg
ment affirmed Dickinson, J.
A notice by a local board of tax-equali
zation of intention to increase the vaMra
tion of personal property on the assess
ment roll held sufficient, the party
notified appearing in response thereto.
The action of such a board of equaliza
tion after the time prescribed in the
statute therefore sustained. Increasing
the valuation of property, under the
classification or item in the assessor's
list, is verified by the owner, sustained
as against the objection that the classi
fication was impioper.
Undue Influence.
Mary Graham, respondent, vs. Bridget Fran
ces Burch et ai., appellants Order af
firmed. Dickinson, J.
Proof of the exercise of undue in
fluence, procuring the execution of a
conveyance of real estate, may L>e made
by circumstantial evidence. Evidence
held sufficient to justify a finding by
the trial court thnt conveyances by an
infirm old man, with impaired faculties,
to a daughter and to ncr infant chil
dren, of his entire estate, to the ex
clusion of another daughter from any
participation, was procured by undue
influence. Undue influence will avoid
a conveyance procured by that means,
even though the grantees be innocent,
if they have not paid a valuable con
sideration.
Vanderburgh J. did not participate
in this decision.
Law as to Testimony.
Solomon Guerin et al., respondents, vs. St.
Paul Fire and Mariue Insurance Company,
appellant. Judgment reversed.
Collins, J.
On the trial of this action before a
jury, defendant objected to the intro
duction of certain testimony offered by
plaintiffs which was manifestly inad
missible under the pleadings. The ob
jection was overruled, and the testi
mony, without which the plaintiffs
could not recover received, defendant
duty excepting. After a verdict in plain
tiff's favor the court permitted an
Amendment to the complaint under
which this testimony would have been
admissible— had the amendatory alle
gation appeared originally. Held th&t
this was a clear abuse of tue discretion,
of the court in allowing amendments-^©
pleadings.
An Allegation and a Bond.
Rufus C. Jefferson et al., respondents, va,
Charles J. McCarthy et ai.. appellants.
Judgment affirmed. Collins. J.
1. It is well settled that an allega
tion, or recital, on a bond which is cer
tain in its terms aud relevant to the
matter in hand, is conclusive between
the parties to a controversy growing out
of tue instrument itself, or the trans
action in which it was executed. 2. So
sureties under a bond executed under
the provisions of sec. 3, chapter 90,
General Statutes 1873— the mechanics'
lieu law — wherein the principal is de
scribed as a corporation, will not be ppr
mitted to escape from a liability arising
by virtue of its terms, under cover of a
claim and allegation that said principal
has no legal existence as a corporation,
or that the persons who acted for jt and
as its proper officers in the execution of
the bond had uo right or authority so
to do.
Church Contract.
Thomas 11. Shaw et al., respondents, vs. The
First Baptist Church of Wiiiona. appel
lant. Order reYersed. Dickinson, J.
K. aud P. contracted with the delend
ants to erect for the latter a church eui-"
fice V according to architects' plan and •■
specifications. , The : contract provided
that no charge for extra work should be
allowed or paia by the church (corpora
tion) except upon estimates and certifi
cates of the superintendent and the
building committee of the church. The
'plaintiff entered into a ' 'sub-contract "
With K. and P. to do a * certain
part -.-■ of *. the work. In the per- -
f orraance of this contract they did some
extra-work, by the oral direction of: two
ot r the five members of the : building
Committee. For this they seek to re- ,
cover. f Held, that the plaintiffs were
', chargeable with notice of the provision.
, the defendant's contract above re- •
ferred to; that it affected them in the
performance of the very work specified
in that contract, and that they could not;
recover for the extra work.: without the
estimate and certificate of •; the superin
tendent % and building committee,' no
fraudulent conduct or merely arbitrary
refusal of tUe superintendent aad build
ing committee to give suca a certificate
and estimate being shown. Mitchell,
JF., concurs in this result. ■ \ . ;/. :
I' V; Representations." '"
Joseph W. Reynolds^ respondent.'' vs. : Lessee
: Franklin, appellant,. Otder reversed.
' •'• ' ■■■ : •' ■ . . .:'.! Collins. J. /
First — The complaint herein charged
and the testimony tended to : show that -
on the faith of false and fraudulent rep
resentations made by defendant, plaint- ;
iff was induced to exchange with "him
certain ' personal property— merchan- .
disc— three separate parcels of land.
The title to one of jthese parcels com
pletely failed. Held that the measure,
of damages was the market value of the
property plaintiff Darted . with. Sec
ond—Under this rule, as to the measure
of damaaes. plaintiff was entitled to
recover, if not all, such proportion of
■ the total value of the merchandise as
the value of the tract of land to which
the title failed bore to the aggregate
value of the three tracts for which he
traded.
Timber Lands. *.
Frederick B. Lathrop, appellant, vs. James
;S. O'Brieu, respoudeut. Order reversed. ■
.' ; ' . DICKIJfSOK, J.
: A complaint setting forth a contract
of the defendant with the plaintiff to
pay a stated price for certain timber
lands, conveyances of which the plaint
iff agreed to procure from the owners, i
and: showing % that the plaintiff could
procure such conveyances for a less
price— the title being found acceptable
to the defendant, but he refusing to ae
ceota conveyance or to pay the stipu
lated price, held sufficient show a
riixht of recovery of the difference be
tween the two sums. Complaint also
held sufficient to show a right of recov
ery of a commission stipulated in the
contract to be paid, if in cutting the
timber on the lands the product siiould
amount to a specific quantity, according
to the official measurement. The de
fendant's uujustifiable refusal to pur
chase the land and to cut the timber
would not preclude a recovery of the
agreed commission.
Routine.
; In the supreme court yesterday the
cases of James A. Smith al., respond
ent, vs. Joeu E. Glover, appellant; Al
bert T. jellison, appellant, vs. Thomas
Halloran, rrspond**nt; S. H. Chute' et
al.. appellants, vs. W. D. Wash burn et
al., respondents;-. John B. Schmid, re
spondent, vs. The Board of County
Commissioners of Brown County, ap-
Dellant, and S. H. Mattison, appellant,
vs. S. VV. Farnham et el., respondents,
were argued and .submitted. -
SHOW UP WELL.
Building Permits Issued the Last
Six Months.
\ There, were 289, building : permits is
sued by the inspector during June, ag
gregating an estimated cost of 8510,075.
For the same montli last year 372 per
mits were issued, amounting to $1,159,-
S6B. or more than twice; as much. A
comparative gtatemeqt for the first six
months the past three years shows:
1 1SSS. ■: - Permits. - VaJue. ■
Jannary ....' SO $57,850
Febnmry :... .....:.*.....' 153 " 'J*23,:^50
Mart-h;.-.'.r. .-..,;..... .... ,-j:S ; 3">1.34»
'AprU-.U st>* Bt>d,(}l3
May........ .....;■; 470 1,2*>3.'.!35
Juue ...;.......; 4-tu 891.475
T0ta1...... IJB'Si; $3.632,5«3
. IS-9. ' ■ ' ■■ " ' ■■ '■ ■■' '■'*
January ■..:....... 155 $2C5.100
February 158 467.300
March .................. 410 774.U15
April 4:17 7yi>,515
May 4HO 1,22^,545
Juue 372 1,159,»68
Total V. ........2,015i £4.640,243
.■■181K». ' ■-■ ■ ■■ ■ ■■'■■■ ■■■■
January $■> >5,870
February 164 232.240
March 320 557,700.
April 455' 800.325
May .... 384 1,242,044
Juiie 23» 54U,<>75
Total -.. 1,097 $$,348,254
HOW THE MONEY GOES.
Monthly Statement of the City
F k r. ds.
The city treasurer has completed his
financial statement for the month end
ing June 30. It makes the following
showing:
.Balance* '.8253,470 SO
Receipts.... ..... 731.631 85
Disbursements .. - §555,955 C 3
Balauce ....... 42K,197 uti
Total -.....$935,152 63 5'85,152<>5
City hall aud court house funds. 814,037 52
City funds ...... ... 404,009 54
City water works ■..'..'. 73113
CityHbrary ....... *H>4 00
Police pension fund 5,854 IS
Total... §426,197 02
HOKXIIBIiE OFFEXSE.
Charge Against a Married Man —
Police Notes.
Alfred St. Pierre was on trial before
a jury in the city court yesterday on a
charge of exposing himself to a number
of children in Steiffel park. West side.
He was arrested by Officer Seduith. The.
jury found lain guilty. This is the
fourth time St. Pierre has beencou
victed of the same offense. The fellow
appears to have a mania. He is married
and has several children.
I Otto Kasehe was held to the grand
jury In the sum of 8300. His offense is.
attempted burglary upon a West side
butcher shop where he was employed.
j ; J. Eddy paid a fine of 85 for failing to
appear when summoned for jury duty.
BANKRUPTS IN HEALTH
FROM OVERWORK. ■•■ ■-■.
i LkCK OF PROPER EXERCISE.
OR LACK OF PROPER FOOD
CAN BB ASSUKKD OF A
BONANZA
IN
ROGERS' ROYAL
NERVINE
By using it such people cau be built up
and fortified.
It is withont an equal in the field of re
storatives.
It acts like a charm on the Brain, Xerves
and Stomach.
Its purely vegetable.
Sold by all Druggists. Price $1.
PREPAHED BY
ROGERS' ROYAL REMEDIES CO.
BOSTON and HIDE PARK, Mass.
ONE BROAD PLATFORM.
Leading Citizens Discuss the Ail-
Absorbing Common School Ques
tion.
Thomas Cochran will be pleased to see you
at his house, »9 Western avenue, npon Tues
day evening next at 8 o'clock, to meet Arch
bishop Ireland in order that you may inter
change with him and a few other of your fel
low citizens opinions udou the pub
lic school question. American Protestants
and Catholics alike are now regarding
this question with deep interest and discuss
ing it with more or less wisdom upon the
platform and in the press. It would seem
therefore that a frank though informal inter
change of views upon it cannot but be bene
ficial perhaps in removing differences of
opinion and at least in a better understand
ing of what both parties to the discussion
really believe.
In response to the above invitation a
large number of prominent citizens of
St. Paul fast evening assembled at the
residence of Mr. Cochran. Among
them were:
Archbishop Irelaud, Bishop Gilbert. Rev.
Dr. McLaren, Key. J. E. Smith, Dr. Heath,
Supt;. Kiehie, Gen. J. \V. Bishop. H. J. Horn,
D. R. >'oyes, C'apt. G. H. Moffett, Col. J. H.
Davidson, Judge Mac Donald, W. B. Dean. J.
Ross Nichols, Supt. Gilbert, D. S. B. John
stou, col. Bend, Judge Kelly, Prof. Carmen,
John W. Willis, I. V. D. Heard and li. L.
Williams.
The informal talk was opened by
Archbishop Ireland, who, in the course
of his remarks,deelared himself a friend
of the public school system. He even
went so far as to say he was In favor of
compulsory enucation, on the principle
that it was the duty of the state to liave
intelligence generally diffused. He
was» however, opposed to the inter
ference of the state in the private
schools. The archbishop alluded to the
Bennett law in Wisconsin. He had read
that law carefully, and did not find it so
very objectionable as some persons im
agined it to be. If a few clauses were
eliminated he could see no objection to
the enforcement of the law. He recog
nized a difficulty in Catholics and Prot
estants agreeing upon any particular
form of religious education in the
schools; therefore they had to refer to
some other plan of adjustment. He
had been impressed with what was
known as the Poughkeepsie (S. V.) sys
tem. Tne Catholics of that town had
leased their school houses to the board
of education at a nominal rent of $1
per year. The board had exclusive
control of the schools, which were iv
session from !) to 12 and 1 to 3 o'clock.
It was. however, provided that before 9
o'clock and after 3 o'clock the teachers
were privileged to impart religious in
struction to Catholic children.
Dr. McLaren, of the Central Presby
terian church, the next speaker, in
sisted that the summer schools snould
be maintained upon their present basis
of non-sectarianism. The system was
essentially American; there should be
no deviation. Grant one denomination
something, and the rest would there
after desire the same privilege.
Dr. J. E. Smith, o£ Central Park M.
E. church, supported Mr. McLaren's
view, and contested a point made by
Archbishop Ireland, that the common
school teaching had a tendency to run
towards sectarianism aud agnosticism.
Bishop Gilbert, of the Episcopal
church, took a middle course. He was
favorably impressed by the Poughkeep
sie plan, and was willing to see it
adopted, provided it stopped there. But
he knew the Roman church to be an ag
gressive church, and he did not think it
was any less aggressive in Minnesota
than elsewhere. His own preference
was to see Christian denominations
agree upon a common standard of moral
teaching. This moral code should be a
part of the common school instruction.
Supt. Kiehle, Supt. Gilbert, Prof.
Carmen, Col. Hani Davidson and others
took part in the discussion thus intro
duced.
Refreshments were served, and a
most pleasant and profitable evening
was spent.
Waiters Gain a Point.
The uew scale of the waiters' union
will go into effect to-day, the principal'
hotel and restaurant men ot the "city
having agreed to it. Only a few of the
eneap lunch counters refuse to 'pay. the
advance, and. they are not regarded as
cutting any figure. The waiters feel
very much pleased, at the success » of
their organization.; A mouth ago they
formed a union, and their membership
is 101, out of a total of 126 waiters in
the city. Besides, they have secured an
advance in wages. The colored waiters
have also organized, but the girl waiters
hay not yet swonu into line.
Notice ©1* Removal.
The St. Paul office of the Daily Rail
way and Hotel News has been removed
from the Hotel Ryan to 214 Endicott
Building, I). £. Roselle, Proprietor.
Get
The Best
Is a good motto to follow in buying a medi
cine, as well as in everything else. By the
universal satisfaction it lias given, aud by
the many remarkable etires it has accom
plished. Hood's Sarsaparilla has proven itself
unequalled for building up and strengthen
ing the system, and for all diseases arising
from, or promoted by, impure blood. I>o
not experiment with any unheard-of or un
tried article which you are told is "as (rood
as Hood's,"* but be sure to get ouly
Hood's
Sarsaparilla
Sold by all druggists. SI ; six for $5. Prepared
only by C. I. HOOD & CO., Lowell, Mass.
100 Doses One Dollar
Use Only
BROWN'S 1 »»y»"
FRENCH
DRESSING i stew.
Sold by all Dealers.
-UNLIMITED
6%
"ON OR BEFORE"
Money to Loan
ON IMPROVED BUSINESS AND RESI
DENCE PROPERTY IN ST. PAUL AND
MINNEAPOLIS.
BUILDING LOANS A SPECIALTY.
Ee member We Have Moved!
R. M. Newport & Son,
INVESTMENT BANKERS,
OFPIOBS :
Xew Pioneer Press Bnildine. St. Paul.
Bank of Minneapolis Bnildine, Minneapolis.
And Drexel Building, Philadelphia.
WHAT DO YOU THINK?
Some people think a Shirt Waist of
a certain pattern is lovely, while
others think the same waist is homely.
We've about forty dozen Boys' Star
Waists here that most people evidently
think are homely, as they didn't buy
them. They are actually worth from
75c to $1 each. We've marked them
CHOICE
50 CENTS.
We think they'll sell fast enough at
50 cents, even if they are homely. But
maybe you'll think they are pretty. So
much the better for you if you do. But
it doesn't make any odds, pretty or
homely, you can have from one to a
dozen of them at 50 cents each, and if
you are wise you'll buy some before
they are gone.
Boys" Department— Second Floor— Elevator.
BOSTON
ONE-PRICE CLOTHING HOUSE
THIRD and ROBERT STREETS,
ST. F.A.TJXJ.
PiGNIG S EXCURSION PARTIES
We want the people to know that we are headquarters for everything
appertaining 1 to the Fancy Delicacy Department. Picnic and excursiou
parties are calling upon us every day for their outfits iv the way of De
licious Novelties to tickle the palates of their guests. For example see
the following 1 :
We have a complete line ot Imported and Domestic Sardines, put np
iv all sizes and shapes, rangin* in price from 6c to 30c per can.
Potted Meats of all sorts, put up in all sixed aud shaped cans, ran?
ing in price from 10c to 60c.
In Pickles we have everything that is put up iv bottles, both import*
ed and domestic.
Our line of absolutely pure Olive Oil is the finest in the land. They
are put up in packages rau?ins: iv size from half pints to gallons. Our
prices are surely from 20 to 25 per cent lower than any other dealer
quotes.
Our Olives and Pine Imported and Domestic Preserves are simply
immense. There is absolutely nothing in this Hue that yon may ask for
but what we cau show you.
A word regarding: our Fancy Cheese anil Fim Cracker Departments.
It is a pleasure for us to show these srooils, for we know wj have the
most complete line to be found in the world in stock, quality ami style
of packages.
MICHAUD BROS
THE LEADING GROCERS,
Corner Seventh and Wabasha Streets, St. Paul
53r"Favor us with your order, and you wilt surely get what you waut.
r jV^^ THERE IS NO EXCUSE
%, FOB HOT HAVING A FINE
)' TißSiiiwiiEiiSSSßSßßk Writing Desk and Book Case
'— .__^jf Writing Desk and Book Case
jn^^Bß^Sßßi^^^wS In every home. Just Think oflt. Thia
I tft* /""* C*} f™ ' f
1 "! ii m I
\\^^T^vv^Ww*Kum To every one bringing this advertisement
Furniture, Carpets, Stoves, Crockery
" I;Tp^pPHB( and Draperies Equally Cheap.
SMITH HARWELL,
■W^-^^j^g^^JJ^ 339.341.343 E. Seventh St.
/ / .*/>k A 22x27 CRAYON PORTRAIT.
H/I/L//f**3 $10.00.
Ijm %Ar*\lL^^^^^ Ccpkd from any picture. From life with
J M w i^ly^^^^ cue dozen cabinets frfe. Artistic- photosrra
±,f 'y^o*^ i : -- ■ 1 liy in all its liranclies. We occupy the en
'■^^o^^ '# ' tire building, Jackson street, corner Sixth
MEN'S RUSSET SHOES, «ft*
TFtE-A-T BROS.,
108 East Fourth St.; -• - ;•--:' St. Paul, Minn.
FOR, —