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The Saint Paul globe. (St. Paul, Minn.) 1896-1905, November 12, 1897, Image 8

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

Persistent link: https://chroniclingamerica.loc.gov/lccn/sn90059523/1897-11-12/ed-1/seq-8/

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We've got to do it. We listened to the siren's song and
we've too many line Shirts on hand. Their beauty and
goodness caused us to '-plunge" on them. They don't
move out fast enough to suit us. They're what you
want— if you can get them cheap enough. We don't
want so many— -we want the money, so let's get together
and make things lively this week. We know what you
want— and you know what we want— here are the details:
Made by the largest and best manufactur-X
ers, in jobbers' quantities, at jobbers' j /s&k $& ft
prices, especially to our order, of best/ H B m || S
Wamsutta Muslin, Anderson's Imported^ &»fr
Madras Bosoms, one pair of Cuffs, fault-/! || " mP |j
lessly laundered; the best SI.OO Shirt we V « JB fl B
ever sold, and as good as most dealers ask J
$1.50 for. To make them fly out, we say../
-(ur three for S2). Began yesterday— ends when we say so.
Sea Robert Street Windows.
Ryan Block, Seventh and Robert Sts.
Wins Its Suit With the Kettle River
Railroad Over the Old
Indians arc Indians, in the purview
of the law, whether they have aban
doned the tribal relations and decided
to live as near like the whites as they
may, or not. This, at least, was the
decision of- the supreme court yesterday
in the case of the state against Edward
Wise, who was accused of selling liquor
to the Indians in violation of law, the
purchaser being a former tenant of the
Sisseton reservation who had abandon
ed it to take up land under the allot
in. -:l of land; in m vc ralty.
The court holds that the statute is a
proper police regulation, passed in view
of the well-known social conditions,
habits and tendencies of the Indian
race. It is furf tr held to be a valid
exercise of polL'f- power, not arbitrary
nor class legislation; that it does not
abridge the liberty of citizens nor take
property without due process of law,
and consequently is not antagonistic
either to the state constitution or the
fourteenth amendment of the federal
constitution. It is on the same basis
as the prohibition of sales to minors,
habitual drunkards, etc.
The syllabus is as follows:
State of Minnesota, plaintiff, va. Edward
Wise, defendant.
Gen. St. 1894, sec. 2002, forbids the sale of
Intoxicating liquors to any Indian, without re
gard to the question whether he has or has
not severed his tribal relations, accepted the
habits of civilization and become a citizen of
the United States by complying with the pro
visions of the United States "Land in Ssveral
ty Act" of Feb. 8, 1887.
As thus construed the statute is a valid
exercise of the police power of the state, and
is not in conflict with either sec. 33, art IV.
of the constitution of the state, or sec. 1 of
the 14th amendment of the federal constitu
tion. Order affirmed. —Mitchell, J.
Win**. lis Suit With tlie Kettle River
The town of Hinckley has won its
-suit with the old Kettle River Rail
road company, involving: §14,000 bonds
With seven years* interest.
In 1888 the town of Hinckley issued $12,000
In bonds to aid in building four miles of the
road through that town and into the country
from -the main line of the St". Paul & Duluth.
Tbe bonds were turned over to the company
as soon as the line was completed, about Jan.
1, 188 S. The road was operated until March
1, 1890. The tracks were torn up and all the
rolling stock removed In 1891, and in 1894 the
town began this action to recover the bonds
or their value.
The company has no officers in this state,
but pretended to have officers in St. Paul, so
service upon the officers was made by filing
two copies of the summons with tlie secretary
of state, who mailed one to the officers in St.
I =
103 West Seventh Street.
(2 Blocks from Market Honsa.)
Elgin Creamery.
25 Cents
For Besi Creamery Butter, per lb.
1-lb. 3-lb. 5-lb.
Cakes Jars. Jars.
5 Cents
For 2 quarts fresh Buttermilk.
(Fresh from the churn.)
18 Cents
For Fresh Boiled Ham, per lb.
(Mother's Boiling-.)
14 Cents
For the best Eggs per dozen.
20 Cents
For 3 lbs. Pure Leaf Lard.
15 Cents
For 1-lb. package XXXX Coffee (set
tles itself).
4 1-lb packages, £0 cents. "It's
The Daisy Brand S h «?™£
want the best, tell us you need the
Daisy; it's here in cakes or jar*.
Paul, as the articles of incorporation specified
that the headquarters and principle offices
should be here. The .sheriff made the re
turn, which, under the law in this case, is
luslve evidence.
The company raised three objections to the
judgment. It pleaded that the service was
not sufficient and that the provision In the
law making the sheriff's return conclusive is
invalid and excusable negligence on its part.
The court holds that the law was passed to
fit cases of this kind, whore domestic corpora
tions havo no officers within the state upon
whom service can be secured, and Is the very
best way of securing service in cases of this
kind. The affidavit of the secretary of state
that he mailed the summons is considered
The syllabus follows:
Town of Hinckley, respondent, vs. Kettle Riv
er R. R. Co., appellant.
Gen. St. 1894, sec. 5203, providing for the
service of process on domestic corporations
which have no officers in the state upon
whom legal service can be made, held to be
"due process of law" and valid.
Conceding, without deriding, that the pro
vision making the return of the sheriff con
clusive is Invalid, this would not render in
valid the remainder of the statute, or service
made In accordance with its provisions.
The affidavit of the secretary of state con
sidered and held to show service in accord
ance with tho provisions of the statute.
Where a municipality issues its bonds to aid
In the construction of a railroad, the main
tenance and operation of the road during the
life of the railroad company, as fixed by its
charter or articles of incorporation, is, by
clear implication, either a condition of, or the
consideration for, the grant of aid; and, if
during that time tho company abandons the
operation of Its road and tears up and re
moves the track the municipality granting the
aid had a cause of action against it on com
mon law principles.
Held, also, that upon the facts there was no
error in the trial courts denying the applica
tion of the defendant to vacate a default
judgment against it, and for leave to appear
and answer. Order affirmed.
William Duxliury Must Stand An
other Law Suit.
Justice Mitchell reverses the order
of the lower court in the case of Wil
liam Duxbury, respondent, against Wil
lard Boice et, al., defendants, Clayton
S. Boice, appellant.
Duxbury was a trifle too slow. He
secured a judgment against Willard
Boice, and sold some property under
execution to satisfy it. Then after
twelve years he instituted supplemen
tary proceedings, attempting to have
a transfer of property made by Wil
lard Boice to Clayton S. Boice set aside
on the ground that it was fraudulent.
Duxbury won in the district court, but
the supreme court calls up section 513G
laws of 1594, providing that actions of
this kind must be brought within six
years of the time when fraud was dis
covered. Duxbury, having waited
nearly twelve, the decision of the lower
court in his favor is reversed and the
case is remanded for a new trial.
The syllabi of the decisions of yes
terday are:
W. R. Doxbury, respondent, vs. Willard
Boice, et al., defendants; Clayton S. Boice,
An action by a judgment creditor to set
aside a conveyance by his debtor on the
ground that It was executed with intent to
defraud creditors, is one "for relief on the
ground of fraud," and the limitation of the
time within which such an action must be
brought Is that prescribed by Gen. St. ISOI,
Sec. 5136, Subd 6, to-wlt: Within six years
after "the discovery by the aggrieved party
of the fac*s constituting the fraud."
When such an action is brought more than
six years- after the commission of the acts
constituting the fraud it is incumbent on the
plaintiff to' allege and prove that he did not
discover the fraud until within six years be
fore the commencement of the action.
This provision of the statute being bor
rowed from er-uity must be construed In ac
cordance with the equitable principle, which
required the defrauded party to be diligent,
and which- deemed means of discovery as
equivalent to actual discovery. The facts
constituting the ffaud are deemed to have
been discovered when, with reasonable dili
gence, they could and ought to have been
Hence the burden is on the plaintiff to prove
not merely that he did not discover the
facts constituting the fraud until within six
years before tlie commencement of the ac
tion, but also that his failure to discover
them sooner was consistent with reasonable
diligence on his part and not the result of
his own negligence. Order reversed.
—Mitchell, J.
Cordelia Ingalls, respondent, vs. C. E. Oberg,
Held, that there was no error in the court's
refusing the defendant leave to- amend his
answer when the plaintiff rested. The fol
lowing rules applied:
First— ln reversing the action of the trial
court in denying a me-tlon to dismiss on the
ground that the plaintiff has failed to estab
lish a cause of action, an appellate court
will consider all the evidence In the case
and affirm the action of the trail court if
sufficient evidence was admitted to sustain
a verdict for the plaintiff, although not intro
duced until after the motion.
Second— A single general exception to the
refusal of the court to charge two or more
propositions, one of which Is erroneous, Is
Third— An assignment of error that the
court erred In granting a new trial, where
the motion was made on two or more grounds,
Is too general to be availing. Order affirmed!
—Mitchell, J.
Henry Watts and August Bartholdi, respond
ents, vs. Benjamin P. Howard, appellant.
When a question to a witness In terms
calls for Incompetent evidence and no objec
tion Is made to the question and the answer
is responsive to it. It Is deiscretionary with
the court whether the answer shall be strick
en out.
Every agency, whether general or special
carries with it authority to do whatever Is
usual and necessary to carry Into effect the
principal power, and the principal cannot re
strict his liability for acts of his agent thus
within the apparent scope of his authority
by private instructions not communicated to
those with whom he deals.
An agent with authority to purchase or
sell has authority to purchase or sell In the
usual and ordinary manner.
An agent with authority to buy logs has
authority to agree that the measurement of
the logs shall be ascertained by a scale to
be made in the usual and ordinary way and
that they shall be paid for according to that
An assignment of error to several different
parties of the charge of the court relatin-j to
entirely different and distinct propositions is
not In compliance with rule 9 of this court
and will not be considered. Judgment af
firmed. —Mitchell, J.
Health Commissioner Stone's De
fense in the O'Connor Case.
The application of Capt. M. J. O'Con
nor for a writ of mandamus compell
ing Health Commissioner A. J. Stone
to reinstate Capt. O'Connor as as
sistant health commissioner, was
argued before Judge Otis yesterday
afternoon. Capt. O'Connor's applica
tion is based on the state law requir
ing state, county and city officials to
give honorably discharged union sol
diers the preference in the matter of
appointments to offlce, provided they
are physically and mentally qualified
to discharge duties of such offlce. In
his petition Capt. O'Connor recites
that he was, in Sept. 1862, enrolled as
a member of the Tenth Minnesota
regiment; that he afterwards received
an honorable discharge; that he was
appointed assistant health commis
sioner by Dr. Hoyt, the predecessor in
office of Dr. Stone, and that in March,
1595, Health Commissioner Stone dis
pensed with his services without cause.
No charge of unfitness, Incompetency
or dereliction of duty, so the petition
alleges, was preferred against him.
After discharging Capt. O'Connor, Dr.
Stone appointed Dr. J. L. Rothrock
assistant health commissioner, and
after the latter resigned, two years
later, George C. Perkins was appoint
ed. Neither of these gentlemen were
ever soldiers in the Union army, and
therefore Capt. O'Connor applied to
Dr. Stone to be reinstated. Dr. Stone
refused to do so.
The defense of Health Commissioner
Stone is that Capt. O'Connor was not
qualified to do the work he required
of the assistant health commissioner,
which, among other things, included
the conducting of a bacteriological
laboratory. Assistant Corporation At
torney Phillips, in behalf of the health
commissioner, further contended that
that official was the proper judge as to
what the qualifications of his assistant
should be.
In reply to this, Capt. O Connor s
counsel maintained that a bacterio
logical laboratory was not a necessary
nor valuable adjunct of the health de
partment, either in restricting the
spread of contagious disease or in
enabling the health department to
shorten the duration of the various
periods of quarantine.
Judge Otis took the matter under
Probate Court Order Affirmed.
The appeal of William Rascher from the
order of the probate court, removing him aa
guaid!an of Carl W. Goes, was argued be
foie Judge Otis yesterday, and the order
of tho lower court affirmed. Rascher was re
moved on the petition of the boy's mother,
who alleged that Rascher did not treat him
Larimore May Want Them.
William Gilmartln, Patrick Nugent, John
M-cCuloch and Michael Talty. the quartette
arrested on suspicion of having stolen four
pieces of suiting, found in possession of one
of them, were arraigned in U^e police court,
yesterday, and the case continued till tomor
row. The men came from Larimore, N. 1).
Yesterday Chief Goss received a telegram
from Chief of Police MeElroy, of Larimore,
saying that a tailor shop in that city had
recently been burglarized of four bo I's of
cloth and asking that the prisoners be held '
until further Investigation.
The Camford Case Dinmissetf.
Mrs. J. F. Camford, accused of grand
larceny, by J. H. Colwell, was discharged in
the municipal court yesterday, upon motion
of the prosecuting attorney. Colwell rented
a room from Mrs. Camford and when in ar
rears for rent, as she claimed, Mrs. Camford
removed the furniture from the apartment.
When the testimony showed that the furni
ture alleged to have been stolen belonged
also to Mrs. Camford, the case was dis
Cofiirt Calls Today.
Jury — Judges Kelly, Otis and Bunn, 98, Sl,
70. 143, 37, 111, 114, 34, 117, 131, 1, 128, 130,
Court— Judge Brill, 48, 154.
Chambers— Judge Willis.
Criminal Court— Judge Lewis: State of
Minnesota vs. John Corcoran.
Probate Court— Judge Wlllrlch: Estates of
Catherine Lallier and Charles Nockin.
Victims of Insanity.
William 11. Casserly was adjudged insane
In the probate court yesterday and commit
ted to the Rochester asylum.
William Renfro, 20 years old, who was found
to be insane, being a resident of Free Oaks,
Mich., will be sent back to Michigan.
Granted a Divorce.
Judge Otis granted a divorce yesterday to
Mattie Wissler, from William H. Wissler,
on the ground of desertion.
Government Will Start Early on the
Meeker Island Dam.
Capt. Frederic V. Abbot, the chief of
the United States engineering corps of
this district, has just returned from a
tour of the district, his desire being
to acquaint himself thoroughly with it
before he enters upon the actual duties
of the office. When seen at his office
yesterday, he was poring over a map
of the proposed Mississippi river im
provement at Meeker island, and he
looked up long enough to say that that
work would now be pushed forward
vigorously; in fact, he has already been
engaged in getting estimates of cost
on the material to be used.
"The first thing necessary," 'said he,
"will be to get a road graded down to
the river and side tracks put in, and
this will be done this winter. Then
the work will actually be commenced
on the lock walls, and we have enough
money on hand to firish them; another
appropriation will be required for the
locks and gates, and the entire im
provement will cost not far from $500,
--000. We have not decided what kind of
stone to use in the construction; the
relative cost of the different kinds will
have to be taken into consideration. It
will also probably be necessary to buy
considerable new machinery for the
work, and the improvement will not be
completed for a couple of years at
least— you see a job costing half a mil
lion dollars is no slight undertaking."
The purchase of stone will doubtless
be let by contract, but the work will
in most probability be done by day
labor, although that point has not yet
been settled. This is decided by the
engineering department at Washing
ton, but is on the recommendation of
the local engineer, and Capt. Abbot
favors the d *,*•- labor plan.
The original plan for these reservoirs
also includes one at the mouth of the
Minnesota river, on the Mississippi, but
this will not be carried out until the
Meeker island improvement is complet
Burlington Route Excursions.
If you are intending to travel, it will
pay you to look over this list of re
duced rate excursions offered by the
National Grange Patrons of Hus
bandry, at Harrisburg, Pa., Nov. 10 to
16. Tickets on sale Nov. 7 to 13, good
to return until Nov. 21. Rates, $38.35
for the round trip.
National Baptist Congress, at Chi
cago, 111., Nov. 16 to 18. Tickets on
sale Nov. 13 to 17, good to return until
Nov. 21. Rate, $15.35 for the round
Homeseekers' Excursion tickets to
many points in Alabama, Arizona Ar
kansas, Florida, Georgia, Indian ' Ter
ritory, lowa, Kansas, Kentucky, Loui
siana, Michigan, Mississippi, Missouri,
Nebraska, New Mexico, North Caro
lina, South Carolina, Oklahoma, Ten
nessee, Texas, Virginia and other
states, will be on sale Nov. 16 and
Dec. 7 and 21, at the rate of one fare
for the round trip, plus $2. Apply a,t
ticket office, 400 Robert street (Hotel
Occupants Jump Out of the Carriage
When tlie Horses Start Again,
Rnnning Into Town.
The eccentricity of Peter Kolc, a
hack driver employed at Rank's Seven
corners livery stable, almost broke up
a funeral procession at Fort Snelling
yesterday and was responsible for a
wild ride which badly frightened half
a dozen occupants of his carriage.
Kolc drove one of five carriages con
veying the friends of Mrs. William
Grisnole to the grave of her little
daughter at the post cemtery. The
procession started from the Grisnole
home, on Cleveland avenue, near West
Seventh street, with the body of the
dead girl in the post ambulance, while
the mother and friends of the family
followed in carriages. Kolc had four
women and two little playmates of
the dead girl in the second hack from
the ambulance. The solemnity of the
occasion was properly observed until
the procession reached a point near
the fort hospital, when Kolc's team
suddenly swerved out of the line and
the horses broke into a mad gallop up
the road. Before the occupants could
realize the situation they were being
whirled along at a wild speed, the car
riage rocking and . swaying like a
mountain coach.
It was at first thought that Kolc's
team had started to run away, but eye
witnesses said he apparently made no
effort to control the animals, whose
speed increased with every jump.
Heads protruded from the other car
riages and soldiers doing guard duty
about the post paused to watch the re
sults. On went the horses, with low
ered heads, while the driver, it is said,
loosely held the. reins. The animals
made a quick turn to the left and
dashed upon the sidewalk. The car
riage toppled for a moment, but right
ed itself again when the team bolted
back into the street. The race con
tinued straight ahead for a short dis
tance, when the animals attempted to
cross the boulevard. A low fence crash
ed under the wheels of the carriage,
tearing the step from the vehicle, and
once more the horses swerved into the
roadway. Entering a portion of the
street the team rapidly executed a se
ries of right and left oblique move
ments, tearing from curb to curb, until
a collision with a fence at the end of
the thoroughfare brought them to a
standstill. During the dangerous ride
Kolc evidenced little concern in the ca
reer of the horses. The team had run
nearly half a mile and the women
waited until the funeral procession
came up with them, when they were
given places in the other carriages.
When Kolc's passengers jumped out
he quickly turned his horses About and
they started on another break-neck run
toward the city, never tightening the
reins until the animals, covered with
foam and bleeding from several cuts,
dashed puffing into the barn at Seven
corners. Mr. Rank was astounded at
the appearance of the team and car
riage and summarily jerked Kolc from
the box, accusing him of being drunk.
This the driver denied, and really ap
peared not to be under the influence
of liquor. He made no explanation,
however, and was ejected from the
stable. Mr. Rank said last night that
the man was either drunk or crazy;
he did not know which. Kolc has been
employed at the barn as a hostler and
was sent out on the hack yesterday as
a temporary expedient.
Bnt If So, Only Had It for Safe
John Julian is of the opinion that he
received a large portion of law in the
police court yesterday and little in the
line of justice. Several days ago he
had Molly Daly arrested for ihe al
leged theft of $55 from him. The stoiy
told by Julian was to the effect that
he had been out riding with the wom
an, and that becoming under the in
fluence of liquor, he had given her the
money for safe keeping. At one
saloon visited by the couple Julian
claimed the woman left him !o look
out for himself and drove away with
the money. The case was tried in the
municipal court, yesterday, and the
Daly woman discharged. Judge Orr
holding that she had simply acted as
custodian of Julian's wealth and that
as no demand had been made upon
her for the return of the money, there
had been no theft. Julian was unable
to appreciate the fine leg3l point inas
much as he had never seen the Daly
woman before nor had any idea of
where to find her when he felt the
need of his $55. Julian says he is still
minus $55. The Daly woman denied
having received any money from
Julian, but in view of Judge Orris de-
that Lydia E, Pink
ham's Liver Pills
should be taken with
Lydia E.i Pinkham's
Vegetable Compound.
They: are specially
prepared tb act in har
mony with the Vege
table Compound, and
cure constipation and
sick headache result
ing from causes pecu
liar to women.
laa&ralnlU tomorrow.
A Magnificent Presentatiou of Hoyfs
Best Comedy,
Seats selling for "Sowing the Wind."
cision, was not compelled to make a
defense to the charge of larceny.
Julian was held on the charge of
drunkenness and has only the conso
lation that this accusation against
him was withdrawn.
Kept Alive Forty-Two Days by
Artificial Respiration.
Tillie Anderson died at the city hos
pital last evening after having been
kept alive for forty-two days by means
of artificial respiration. The young
woman suffered from what is known
as Landry's paralysis, a disease af
fecting the respiratory organs and ulti
mately the limbs. The girl was taken
to the hospital Sept. 30. It was at
first thought that she was ill from
typhoid fever, but after developments
showed the disease to be the more
unusual Landry's paralysis. Shortly
after reaching the hospital the girl
was seized with a fit of strangulation.
The physicians at once sought to re
lieve her by raising her arms above
her head after the accepted means of
Inducing artificial breathing. The
patient revived and the strangling
ceased. From that time until the hour
of her death the artificial methods of
respiration were constantly employed
upon the young woman. For three
weeks nurses and physicians took
turns at the task of keeping the girl
alive and then the constant use of her
arms became very painful to the
patient. An examination showed the
young woman to possess ribs of a very
flexible nature an this led to a less
arduous means of assisting her res
piration. She was placed on what Is
known as a hot water bag cot, upon
her back, and a small water bag laid
upon her chest. One attendant then
performed the required work by press
ing upon the upper bag, thus forcing
the air out of Miss Anderson's lungs
and then relieving the pressure, allow
ing them to fill again. Throughout
the heroic treatment the patient has
preserved a healthful appearance, eat
ing and sleeping, while the faithful
attendant watched over her life, and
being at times able to talk, though the
latter effort caused her severe pain. A
few minutes cessation of the artificial
means of breathing would have caused
the patient's death and it was thought
possible by the physicians that she
might live even some years under the
peculiar affliction. She began failing
last evening, howeverr, and despite
the efforts of the physicians, died
shortly after 9 o'clock.
Another Turn in tlie Volks-i-eltung
Family How.
Col. Edward Tietz appeared in the
municipal court yesterday morning, to
answer to the charge of conspiring to
shut the doors of an insane asylum
upon F. W. Bergmeier. Though there
was a warrant out for the arrest of
Col. Tietz on this charge, that gentle
man found his way to court without
the assistance of a deputy sheriff. In
stead, he was accompanied by his at
torney, Charles D. Loud, of Georgia.
Mr. Loud waived the formal reading of
the complaint, and the trial of the
case was set for Monday. Col. Tietz
was then allowed to depart on "his own
Col. Tietz does not appear to be at
all alarmed over the situation. He de
clares that he not only had nothing
to do with charging Bergmeier with
insanity, but that on the contrary he,
it was, who induced Max Wolff to with
draw the information of insanity, be
fore the matter reached the sheriff's
"But this arrest is as nothing," add
ed Col. Tietz, "to the article that ap
peared in the Volkszeitung last night.
The article was headed, "The Deed of
a Rascal," and gave utterance to the
most palpable falsehoods concerning
me. I, today, served the receivers of
the property with a notice of retrac
tion, and if it is not made fully and
fairly arrests for criminal libel will
follow. The receivers will not be the
ony ones to suffer from this procedure.
There seems to be some one connected
with that paper who is very fearful
that 1 may be again employed on the
paper, and that he will lose his posi
Local nnd International Unions
Batch Things Up.
The differences existing between the
local barbers' union, No. 31, and the
international union will be settled
amicably, by a compromise which will
result in restoring the local union to
good standing in the international or
When the cases of L. Schwabel and
G. C. Meisel, who claim to be entitled
to sick benefits, were called in Judge
Twohy's court yesterday, a continu
ance until this morning was asked for
and granted. W. E. Klapetsky, of
Syracuse, N. V., the international sec
retary, was present, and was given a
proposition by the local union, looking
to a settlement. He telepraphed its
contents to the executive board and
last evening received an answer ac
cepting it. By this it is understood
that the local union will pay up all
its delinquent assessments and that
the parent organization will pay the
sick claims. This will result in a dis
missal of the suits.
At a meeting of the local union last
evening it was decided to call in all
the shop cards and to issue new ones.
August Fronhoefer Begins Suit
Against George Hensel.
August Fronhoefer has brought an
action against George Hensel, to re
cover $3,000 damages which he claims
to have sustained at the hands of the
defendant. The plaintiff alleges that
on Sept. 9 last, Mr. Hensel filed an in
formation of insanity aaginst him in
the offlce of the clerk of the probate
court, and that as a result the plaintiff
was taken before that cxiurt the fol
lowing day, examined as to his mental
condition and adjudged sane and not a
proper subject for treatment in an in
sane asylum. The plaintiff admits
that he. spent some time in a Wis
consin sanitarium, from which he
emerged entirely cured.
Secretary Bracken Says They're Too
Prevalent in the State.
Typhoid fever and diphtheria are be
coming too prevalent in the state, says
Secretary Bracken, of the board of
health. He is in receipt of reports
daily from different towns and cities
showing that those dread diseases are
gaining ground. Anti-toxine is being
used in many places and with good re
sults. Among the places where cases
are reported are Hutchinson, Anoka,
Buffalo Lake, Red Wing, St. James
and Faribault.
Dr. Reynolds, who is in charge of the
veterinary department, announces that
hog cholera continues unabated, and
will until the ground freezes up solidiy.
Every precaution is taken to arouse
the interest and co-operation of the
local health hoards to prevent the
spread of the disease and to enforce a
strict quarantine of pens where it ap
Said That the Citizens Ship Their
Insane to Minnesota.
Agent Gates, of the state board of
corrections and charities, Is busy at
present investigating the case of an
insane patient, who was taken off a
Northern Pacific train at Little Falls
a few days ago. The man was a
stranger there, and, as it seems, a
stranger in the state, the board of cor
rections and charities having evidence
that seems conclusive that the citizens
at Wahpeton, instead of resorting to
legal process there, loaded the invalid
on a train there and shipped him into
Minnesota. Anyway, by the time the
train reached Little Falls, the man
was so obstreperous that the conductor
(Silk Headquarter* of the Korthweat.) Globe— l2-11-'.*;,
Dress Goods -Extra Friday Special.
10 pieces of our ever popular Sunderland Ser.q-e, in navy
blue and black, 45 inches wide, the bright, wiry, crisp _t___f___n.
kind, the 75c a yard kind. As a Friday special .... O^JC
Wash Goods Dept. Glove Dept. Extras.
New Saxony Flannels, for |»V 1 As a Friday Special wa will
wrappers. Specihl, per |/ 0 C Rive you a good, strong (_>4 aa
yard, Friday »«jw 2-stud Mocha Glove JMeIMI
Muslin Underwear Dept. a t^^^Sf-! $1 2S
Best quality Eiderdown Jackets, lining- for V *•**«/
finished with' crochet <£| M Cashmere T Gloves,' double *_•
edge, Friday $I«VV finger tipped, the 50c quality. S^C
special for.. WW
Best quality Outing ri»| AA . .
f F or a . nne !. G . 0 . wn . s . , vI.IW Flannel Dept. Extra.
Fleece-L,ined Fast-Black Sateen Two cases of very fine Cream
Umbrella Skirts, with rt»| AA Shaker Flannel, .^2 inches *1 \
corded flounce. Friday tM # l|lf w ' c - e * w " rt:l 1-'-* c a yard. As I C
special a Housekeepers' day special.. -
notified the authorities, and lie was ar
rested. The board will endeavor to
ascertain the man's legal residence,
failing in which they will, no do^bt,
return him to Wahpeton authorities
with more form than he was delivered
to them.
Government Estimator ot Standing
Timber In the City.
W. E. Seelye, chief estimator of
standing timber on Indian lands, was
registered at the Merchants' yesterday,
having just come down from the Red
Lake reservation. He has a crew of
twelve men working under him, and
this force is divided into four squads
of three men each, working on different
sections. They will finish on Red Lake
In about five months and will then go
to the Leech, Winnebigoshish and Cass
Mr. Seelye reports that there Is con
siderable good timber— Norway nnd
white pine— left on Red lake, although
the choice sections were disposed of
at the sale some time ago. A great
many Chippewa* Indians are cuttint;
and marketing the fallen timber, but
there has been very little trespassing
on the standing pine.
* * •
Congressman Joel P. Heatwole, of
Northfield, was registered at the Mer
chants' yesterday, coming to the Capi
tal city on what he said was a purely
business trip. "When the word politics
was mentioned, Joel looked vacantly
at a crack in the ceiling and professed
he had not heard of anything of the
kind out his way. He was interested
in learning that some Republican pa
pers had referred to him as a possible
gubernatorial timber, and denied that
he had made any move along that line
as yet. "In fact," said he, "I haven't
mapped out my political course or in
tentions for next year; it's rather early
to do that yet."
* • •
Q. B. Pease, editor of the Anoka Union,
was a guest of the Windsor yesterday. Pease
announces that he will oppose tho re-elec
tion of C. K. Davis to tho United States sen
ate* that his candidate first, last and all the
time Is H. P. Hall.
E. D. Newton, of Mellin, was registered at
the Windsor yesterday.
W. L. Hollister, of Austin, is at the Wind
Among the Windsor arrivals yesterday was
F. B. Dougherty, of Duluth.
C. B. McCune, of Benson, is a Windsor
E. M. Ferris and wife and children, of
Bozeman, Mont., are stopping at the Ryan.
R. S. Tyler, of Fargo, Is a guest of the
J. W. Merriam, of North Dakota, Is at the
E. 11. Kent, of Dakota, N. D., registered
at the Ryan yesterday.
M. B. Webber, of Winona, Is a guest of the
D. E. Sprague, J. A. Mitchell and Joseph
Scales, of Winnipeg, are registered ait the
C. S. Benson, of St. Cloud, Is stopping at
the Merchants'.
An arrival at the M-rchants" yesterday was
A. Herro, of Little Falls.
E. D. McConnell, of Aberdeen, was at the
Merchants' yesterday.
James McHale, of Shakopee, Is a Clarendon
Mr. and Mrs. Joel Binfle'd are registered at
the Clarendon.
At the Clarendon yesterday was J. W.
Sommsyn, of St. James.
J. Ingram and wife, St. Cloud, are at the
J. H. Newman and wife. Lake Crystal,
Minn., are at the Hotel Metropolitan.
A. A. V. Briggs, of Circle City, Alaska, was
registered at the Ryan yesterday, stopping
over for a few hours on hi.s way East.
E. W. Williams, of Winona, Is at
The National Hotel Reporter, in publishing
reminiscences of twenty years at-o. ehroi
the fact that Nov. 0. 1877, P. P. fagalla as
sumed proprietorship ot I3>e Central hous ■
at Reed-sburß. Wis. Mr. Ingalls is now night
clerk at the Merchants.
Maj. G. B. Sears, of Duluth, is stopping
at the Windsor.
Harry Phelps' Game I* Confiscated
by Officials.
Ilary Phelps, of Excelsior, who shot
five line deer in the northern part of
the state, did not accompany the game
to Minneapolis, when he Bhipped it
down, so it was accordingly seized.
Y\ hen Phelps directed that they be de
livered to a Mill City commission firm
the express agent refused on the
ground that he had no right to com
ply with the request.
Game Warden Coffin sent the garn-i
to headquarters in St. Paul, where it
was placed in cold storage.
Mr. Phelps' father, yesterday, de
manded the game. When it was refus
ed, he said he would bring suit.
Mr. Fullerton told him to go ahead
*-*--r*o> i \Jfj_f__ M •£. H
wX ft PL 1 B » \yi «« 7 WBvJß»B*ff
and sue: there would be a test
then and there.
School Board Committee Scent* a
The real esi • tho
board of education yesterdaj
to throw the proposals . C the -
bidders b< * school board
the remodeling of the plumbing and
sanitary appliances In the Hendi
and Dougla M. j. O'Neill had
the former, and McQuillan Bros, the
latter contract.
The committee th
too high and suspecti d th
a combination of plui
and readvertise for new ■ I
lie Failed to Appear to Prosecute
When A\ anted.
Pi t> r lit din. who had Pearl Lylo and Allco
Holmes, colored, charge of
holding hlni up at Ninth and Robert Btreet,
a month ago, wa lay on tha
charge of ci ourt. At the ti:
tli" arrest I to sl^n a
recognizance for his ap
tho women, but when the trial came up lio
could not be found. The worn, o wi re
quently discharged. The accused -will bo
given a hearing t
HE M \"t «t* i i ST. I'Al I .
Ex-Ald. Cnllen Maj Stay In Call
K. P. Cullen and family, .
visiting Mr. Cull illcn,
for several weeks, lefl lasl e\
home In I- ' Cal. Th<
ccanpanied by O. <>. Cullen, who will ri
In California during thi- winter nnd p
may make his home t li.- 1-- In future.
O. O. Cullen ha., been Identified with tho
history of St. Taul for a nun
He served in the city council
from the Fourth ward, and at th
election was the Democratic ca
mayor. Ills broiln r owns extensive mining
cllatms in iho Mo-Jave district, a
becomo interested in
, Prosecuting the lin-iil---. .
Insurance Commissi ncr Dearth
at present with the inquiry Into tli" a
of th-- 1 Life Insui
tiiis city. In addition to D. P. Fa
Xew Jera v actuary, who was engaged by
the commissioner to lo ■';
the Inquiry is being pursued by J. J. l.rink
erhoff, of the Illinois department, wl
at at the request of Pi i
the company.
Albert Motz Alice Frey
Hans M. Hammeraler •
Charles O. Seagren ...Mrs. Charlotte Axelson
James T. Caffney Bl idget ' '■
Mr. and Mrs. Murray
Mr. and Mrs. P, J. Metzdorf
Mr. and Mrs. Charlie Schmalt Hoy
Mr. and Mrs. Arnold Jansen Boy
Mr. and Mrs. Frank Woodburn Hoy
Mr. and Mrs. L. Adams Boy
Mr. and Mrs. X, i . and girl '
Mr. and Mrs. A. J. Stuteman Girl
Mr. and Mrs. Peter Matterson
Mr. and Mr m Elder Girl
Mr. and Mrs. Martin 01 en
Mr. and Mrs. Julius Tebeau Girl
Mr. and Mrs. Harlow K. Pine Boy
Cecelia Proincr, 490 \';m Buren '
Anna Foley, city hospital
FOLEY— In St. Paul Wednesday, Nov. 10,
at :* p. in., Johanna Fol< •
Funeral from O'llalloran & Murpby'a
undertaking rooms, 122 West Sixth
SCHMITZ Arthu son nf M
Mrs. Josepb A. Schmitz, 465 I
aged 6 y< : rs, Fun<
dence Fi al L':l!>
o'clock. S :. jition church at
?, o'clock. Ra
TRACEY— In St. Pan!, at !;■?-• residence
ncr Front and Gaultier Btreets, Wedn
Nov. 10, at 1 p. in.. Daniel Ti
7^ y< are. Nol li i ol funeral !
and SUPPLI-- .-. Bend tor Cat*:
16 W. Fourth St.. m. t**«ul, "Tlluu.
■ 3
j , .
j The Oldest and Beat Appointed Studlj la th 9
, 1850 aa^zgzz*^ "897
(Opposite Metropolitan Opera House.)
! Exquisite Photography. "The N«?*v Photo.'*
Outdoor and Commercial work a Specialty.
Mr. Zimmerman's Personal Attent.on to Ap
pointments. Telephone lOTt.
Uf Mualo ami Art.
X Ess: Kxchante St. SL Paul.
Piano, violin, guitar banjo and nandoltS
taught Ltaaoo* givea in dnw.nu and paint*
lag. Call ur send (or prospectus.

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