The Saint Paul globe., February 15, 1898, Page 8, Image 8

About The Saint Paul globe. (St. Paul, Minn.) 1896-1905

Image provided by: Minnesota Historical Society; Saint Paul, MN

                
NO RAISE IS POSSIBLE
COUNTY OFFICERS' SALARY DIM,
IS INTERPRETED AT LAST
Supreme Conrt Declares That the
Increase alt Salaries Was In Con
flict With the Title Showing
What It Purported to Contain
County Surveyor Only Affected.
Judge Collins, of the supreme court,
yesterday handed down a decision
which settles the question of an in
crease in the salaries for county of
ficials under the salary law of 1895.
Judge Collins holds the act uncon
stitutional as to all officers named
whose salaries are authorized to be
increased by the county commission
ers. The question of reducing salaries
and placing county officials on a salary
basis instead of fees is not involved in
the decision, the court desiring fur
ther arguments before rendering a de
cision.
The matter was brought before the
court by D. Simard. who brought suit
to restrain the county auditor from is
suing to County Surveyor Johnson
warrants which increased his salary.
Johnson filed a demurrer, whidh was
overruled by the district court, and
from this Johnson appealed to the su
preme court.
Judge Collins holds that the case pre
sented calls into question only the
salary of the county surveyor.
The title to the law of 1895 expressly
provides that the act is to reduce sal
aries. The second section fixes the
maximum salary at $1,000 per annum
by providing that no salaries shall be
paid in excess of that sum. This sec
tion, the court holds, would confirm
the right ?>f the commissioners to fix
any salary they might see fit at any
amount not exceeding $4,000, regardless
of the amount they may have been re
ceiving prior to that time.
Article 4, section 27 of the constitu
tion provides that no act shall be pass
ed embracing more than one subject,
and that that subject shall be em
bodied in the title. Speaking of this,
the court says:
"We cannot imagine a more flagrant
violation of the constitution than the
one which, under the guise of a title
like that of the act now before us,
with an object the very opposite of
that expressed in the title, provides
for an increase of salary, instead of a
decrease.
"As to all the officers whose salaries
are authorized to be increased the act
contravenes the fundamental law and
cannot be upheld. This invalidity does
not necessarily affect the other provis
ions of the act. -
"We are aware that public interest
requires us to express our views with
regard to the other question argued,
all going to the validity of the law,
but the order overruling the demurrer
in this case was filed in the court be
low but thirteen days prior to the ar
gument here, and the counsel for both
sides necessarily presented hastily pre
pared briefs and arguments. We are
Of the opinion that further and more
deliberate argument on part of coun
sel will materially assist the court in
reaching the proper conclusion as to
the validity of the whole law.
Duncid Simard, respondent, vs. Dennis M.
Sullivan, county auditor, and Gates A.
Johnson Jr., county surveyor of Ramsey
county. Minn.
L. 1895, eh. 301, entitled "An act auth .r
--lzing and directing the tounty commissi n
ers of certain counties to reduce the com
pensation and numbrr of officers and other
employes of such counties," et-., is in con
flict with sec. 27, art. 4,- of the constitu
tion, as to all officers therein named whore
salaries or compensation are authorized to
be increased by such commissioners. To
this extent the law is invalid and inopera
tive. Order affirmed.
COLLINS, J.
APPLIES TO TRUST FUNDS.
Decision In the Case cf the Skoll
A ssin anient.
Justice Collins, of the supreme court,
yesterday decided the case of Jacob
Skoll, insolvent, Swedish-American Na
tional bank, respondent, vs. J. M. Da
vis, as assignee of Skoll.
The syllabus of the decision Is:
In re-assignment of Jacob Skoii, insolvent,
Swedish National Bank, respondent, vs.
Joseph M. Davis as Assignee of said in
solvent, appellant.
1. It Is a general principle that a trust
estate must bear the expense of its admin
istration. It Is also established by sufficient
authority, that where one of many parties
having a common Interest in a trust fund,
at his own expense takes proper proceed
ings to save it from destruction and to re
store it to the purposes of the trust, he Is
entitled to reimbursement either out ot the
fund itself, or by proportionate contribu
tion from those who accept the benefit of
his efforts.
3. This doctrine is applicable in the ad
ministration of an estate under the In
solvency laws of this state when such es
tate has been protected or benefited by the
act of a creditor.
3. A creditor proceeded under General
Statutes, 1894, section 4249, and obtained an
order permitting creditors to participate in
the distribution of the trust funds without
filing releases. But nothing was added to
the trust fund, directly or indirectly nor
was the estate benefited in any way Held
that it was error for the court below to al
low as a proper claim against the estate the
amount paid out by the creditor as costs in
auch proceeding. —Collins, J.
COURT RILE ANNULLED.
Supreme Court Revises the Ramsey
Connty Practice.
In the case of State ex rel. Frank W
Cady, relator, vs. Charles G. Otis, judge
of the district court of Ramsev county
Justice Collins yesterday knocked out
rule 48, of the Ramsey county district
court. The court holds that an attor
ney may state his case or make a pro
posed case in narrative form if he
chooses, but this does not benefit this
relator, because his attorney refused
to complete his case so as to make it
conform to the facts U
The syllabus of the decision is
cfarles'E-n 1 ...^ ¥' Cady ' relat °r. vs.
S££ %°Z; : r J e U S Sd°e f nt diStri * "•"*
SACRIFICE SALE OP
BEGINNING WEDNESDAY MORNING,
FEB. 16th, the Greateet Sacrifice Sale ever
attempted in the West. A Discount of 40
to 90 Per Cent on Everything.
Wait for This Sale. Get Our Prices.
E.W.PORTER, 98-100 E. 4th St.
utes 1894, section 4336, have no authority
to prescribe a rule of practice which will
have the effect of depriving this court of
supervision and control over the records
of courts below which are made with ref
erence to a probable appeal to this court,
and which may result in encumbering the
returns herein with much that is wholly
unnecessary and useless.
2. No. 43 of the rules adopted at a meet
ing of the Judges or the district court,
held ln July, 1893, imperatively prohibited
the making or a proposed case — under G.
S. supra, sec. 5400— 1n narrative form, and
required that it should be in form of ques
tions and answers as at the trial.
Held, that In so far as the rule prohibits
a party, from preparing a case ln a narra
tive form It ls Invalid, and that a trial
Judge cannot refuse to settle such a case
on the sole ground that it is ln such form,
but if the exact words of the stenographer's
minutes will more clearly and fully present
the relation and effect of a ruling, or when
the nice shades of meaning ln the testi
mony are not preserved, or the exact bear
ing thereof cannot well be determined, in
the absence of both questions and answers,
he may, in the exercise of a sound dis
cretion, require the whole or such part of
the proposed case, as he deems necessary,
to be in the form of questions and answers.
Such discretion should be exercised so as
to exclude from the record all Immaterial
matters and make it as concise as possi
ble.
For the purposes of moving for a new
.trial, counsel prepared and served a pro
posed case, which was incomplete in that
L._. Ed t0 contaln copies of three ex
hibits introduced in evidence at the trial
At the hearing of a motion to settle and
allow the case counsel refused to attach
fu P ] e fu of these exh ibits, and demanded
that the case be signed, settled and allowed
in Its incomplete condition.
Held that the court was justified in its
refusal to grant the motion.
The writ is discharged. —Collins, J.
MUST STAND THE SUIT.
Supreme Court Sustains the Com
plaint in This Cane.
An attempt to secure immunity from
suit is defeated in the decision of
which the following is the syllabus
. ' f os i er . respondent, vs. W. J. Landon
et al., defendants; W. J. Landon, appe
lant.
.Ai H . eH l . nat a cause of action for
rescission of contract upon the ground of
o r-L s rtated in tne complaint he-em.
Z. The case of one may be so entire as
to be incapable of b'ing prosecuted ln sev
eral suits, and yet some other defendant
may be a necessary party to some pirtion
only of the case stated. In the latt r case
the cbjeotinn of multifariousness cannot le
al.owed to prevail.
3. Held that the above rue is arpl Wn'e
In the case at bar. Order affirmed.
Collins. J.
HANK RECEIVERS WIN.
Decision an to the Security Institu
tion nt Duluth.
A decision of interest to depositors
and other creditors of the insolvent Se
curity Bank of Duluth directly, and in
directly to all depositors in insolvent
banks in this state, was filed yester
day, the syllabus of the decision being
as follows:
In re receivership of Security Bank of Du
luth; Mercantile National Bank of New
York, appellant, vs. Angus R. Macfarlane
as receiver of Security Bank of Duluth'
respondent.
1. On appeal from an order allowing a
claim against an insolvent banking institu
tion for which a receiver has been ap
pointed under the provisions of Laws of
1896, chapter 145, it is held that it is not
a case for the application of any rule af
tectlng the proof or allowance of the claim
of a creditor having collateral securities.
2. The relations of an lndorser upon
commercial paper and the holder thereof are
MANY BODIES MOURN HIM
DR. ROBERT WHEATOVS DEATH
CAUSES GENERAL SORROW
Medleal Society Will Meet ..vain To
day to Pass Resolutions of Con
dolence White Bear Yachtsmen
nnd University Alumni Have Al
ready Done So.
Arrangements for the funeral of the
late Dr. Robert A. Wheaton had not
been completed ud to a late hour last
night.
A number of the organizations of
which he was a member met yesterday,
and it is probable that nearly, if not
all their members will attend the fu
neral when it is held.
The Ramsey County Medical asso
ciation met yesterday noon.
Owing to the uncertainty in regard
to the funeral arrangements, nothing
wsa done, except to appoint a commit
tee to draft resolutions to be present
ed to the bereaved family. The com
mittee are Dr. H. J. O'Brien, chair
man; Dr. Justus Ohage, and Dr. Burn
side Foster.
During the session high tribute was
paid the memory of the deceased. Fur
ther action will be taken today, when
the committee will make a report.
The alumni of the university medical
department adopted the following:
The Alumni Association of the College of
Medicine and Surgery of the Department of
Medicine. University of Mlnnesata, regrets
keenly that it is called to spread upon its
records the untimely death of so compe
tent and able an instructor as Dr. Robert
A. Wheaton, of St. Paul, who was taken
from us during the active moments of his
work, Feb. 13, IS9B.
To those of us who have had the privilege
of profiting by his knowledge and knowing
him as a man and a physician, there re
mains a grateful recollection of high prob
ity and honor in his dealings with his fellow
men.
To the memory of our teacher and friend
we shall be as faithful as he was true and
faithful to us, and ever cherish his exam
ple.
We d*slre to express to the bereaved
family our sincere sympathy ln this hour
of trial. —John T. Rogers, Chairman.
Warren A. Dennis, Knox Bacon, Commit
tee.
Dr. Wheaton was also a member of
the White Bear Yacht club, and th"
members of that organization met yes
terday, when the following resolutions
were adopted and copies sent to the
family of the dead man:
Whereas, We learn of the sudden and un
timely death of our esteemed member Dr
Robert A. Wheaton. and, together with the
whole community, mourn the loss of a
true friend, genial companion and a promi
nent member of his chosen profession-
Resolved, That the White Bear Yacht
THE ST. PAUIV GLOBE TUESDAY FEBRUARY 15, 1898.
r , **
I The Royal ia tho highest grade baking powder
known. Actual teats show it goes oae>
third farther than any ether brand.
POWDER
Absolutely Pure
ROYAL BAKINO . OWDEfI CO., NSW YORK.
analogous to those of principal and surety.
8. When the holder of a bill or note ap
plies to prove his claim against the estate
of an insolvent surety or one occupying
the position of a surety, any sum actual
ly received in payment from the principal
debtor must be deducted from the amount
to be proved. The sum actually remaining
unpaid must b& ;he baßis on which the
dividend is to be computed.
4. The holder of a bill or note Indorsed
by one who becomes insolvent is not com
pelled to enforce Its collection as against
parties primarily liable before he can make
a claim upon the insolvent's estate. Nor ls
he required to surrender up the obligation
as a condition to participating in dividends.
In the aibsence of a statute he may proceed
against the insolvent estate, and also
against the other parties to the obligation,
until his debt is fully collected.
5. Whenever a dividend is paid upon
such an obligation by a receiver a cause or
action against all prior parties thereto im
mediately arises in his favor. When the
full amount is paid out of lhe assets of 6u_h
an estate It ls subrogated to all of the
holders" rights as against these parties. Or
der affirmed. — Collins, J.
HOLDS THE TOWNSHIP.
Maple Lake Wliim Us Snlt Cver
I'nnrlioiise Expenses.
The village of Maple Lake won a no
table victory in the supreme court yes
terday, the township system of caring
for the poor being held to be legal
there. The syllabus ot the decision ls
as follows:
Town of Albion, respondent, vs. Village of
Maple Lake, appellant.
1. Where the general law recognizes and
amends the special laws relating to counties
having the town system of caring for its
poor, the court has the right to take Judi
cial notice of such special laws, especially
where they affect the rights of all persons
ln any one or more counties and applies to
the people generally. And such special laws
are also admissible In evidence to show that
a certain county was under the town system
of caring ror its poor.
2. In an action against a village corpora
tion to enforce its liability for refusal to
care for its poor under the town system it
is competent for the pauper cared for else
where, to testify directly as to the place ho
intended as his heme or residence.
But held further, that evidence of general
reputation tending to prove his plae? of resi
dence in order to create such liability
against the village was inadmissible.
Order reversed. Buck
— — — . *^
club extends to his bereaved family the
deepest and most heartfelt sympathy o'
its members in their irreparable loss, and
tnat, as a further mark of respect, its execu
tive board attend the funeral in a body-
Rtsolved, That th -se r.so u'itn. bespread
on the minutes of the rlub and that a
copy of the same be forwarded to his fam-
CONGESTIVE CHILL HIS END.
William T. Maxfield Diet, at Was!:
iiiKton After n I. on. 7
Illness.
Word was received in St. Paul yes
terday of the death at Washington of
William T. Maxfield, of St. Paul.
Death came, according to a telegram,
after a long illness as the result of a
congestive chill. For several years it
has been known among his * friends
that Mr. Maxfield's end was near, and
during that time his wife has been al
most constantly with him at a private
sanitarium near Washington, D. C. Of
late he has been failing rapidly, and
the cause of his decline was paresis.
Mr. Maxfield lived in St. Paul for a
number of years, and was a son of
James T. Maxfield, at one time mayor
of this city.
He was a special partner in the
wholesale grocery firm of Maxfield,
Seabury & Co.. and upon the death of
Louis H. Maxfield bacame a general
partner with Charming Seabury in the
firm of Seabury & Co. Not long ago
his interest in this firm was trans
ferred to his wife. During his residence
here he was prominent both in a busi
ness way and socially, and his mar
riage to Miss Louisiana Gibson, of
Louisville, Ky., was a notable event in
social circles.
His wife and her brother, Duncan
Gibson, were at his bedside at the time
of his death. Mr. Maxfield is survived,
in addition by his mother and two
sisters, Mrs. D. K. Wiser and Mrs.
George E. Brett, who live ln Mankato.
The body will be brought to St. Paul
for Interment.
His Housekeeper Won.
Judge Brill and a jury are engaed in
hearing the appeal of Mathias Ross, the ad
mlsistrator of the estate of Lorenz Remet
ter from the order of the probate court, al
lowing the claim of Margaret Sauler against
the estate. The claimant served Mr. Rem
metter as housekeeper at his hotel, and cared
for his eldest child. The probate court al
lowed her $1,979, at the rate of $30 a month.
1898 Calendars Free.
The C, Iff. & St. P. railway has just Issued
a beautiful and artistic calendar for free dis
tribution. They may be obtained upon per
sonal application at City Ticket Office, S-15
Robert st., St. Paul, but will not be sent
through the mails.
DEFENSE STATES ITS CASE.
C. D. O'Brien Opens the Argument
for the House of the Good
Shepherd.
Yesterday morning. the defense open
ed in the case of Selina Clewett against
the House of the Good Shepherd. C. _D.
O'Brien addressed the jury for about
an hour, commenting upon the attempt
of the plaintiff's Mr. Butts,
to exclude from sitting on the jury any-
Roman Catholic.. Mr. O'Brien ex
claimed:
"Has It come to this that a Roman
Catholic cannot sit on a Jury; no longer
be heard on a witness stand to tell the
truth? In this country wlhen there were
only 3,000,000 back In the colonial days
struggling against the power of all
Europe, and all the world stood by
with Idle hands, and when the scales
were trembling and it was not known
whether liberty should depart forever,
who was it that hurled their swords
into the scale and gave us the liberty
we now enjoy? it was Rochambeau,
Lafayette and D'Estagne, Roman
Catholics. Who was it that opened up
the rivers? Who were the voyageurs?
Who was Marquette — Hennepin? Who
was It whose body lies mouldering in
Calvary who erected almost within the
sound of my voice a temple to the
living God? A Roman Catholic. The
ground upon which this magnificent
building stands was presented to the
public by Vetal Guerln, a Roman
Catholic. And where the capitol build
ing stands holding aloft the statue of
justice with sword and scales? The
ground upon which that building
stands was given to the state as a free
gift by Baziile, a Roman Catholic.
The case is not Selina Clewett against
the House of the Good Shepherd, and
the motive is not a proper one. The
purpose is not to redress a wrong, real
or fancied, but to use her as a cloak
..ebind which malice may strike. Roman
Catholics false to their oaths; false to
their country! Oh, I could drown a
million men in the blood of Roman
Catholics who died that their country
might live!"
Marten . Bohen, the driver of tho
laundry wagon that took Selina Clewett
back to the House of the Good Shep
herd after her escape, was the flrst
witness called. Mr. Bohen said that
Selina refused at fiist to go back, but
afterwards all three got into the wagon
nnd the witness drove back.
Stenogopher Hillman read the deposi
tion of Sister Justiva, taken last Satur
day, in which she declared that Selina
bad never demanded to be released
from the institution.
Sister Zepherine was then called. Her
testimony was substantially the same
as that given by her on the first trial.
Shortly before adjournment Mr. Butts
began the cross-examination of Sister
Zepherine. The trial will be resumed
at 10 a. m. today.
LET ALL DEMOCRATS IN.
Resolutions Adopted by the City
Committee Seek Harmony.
The regular monthly meeting of the Dem
ocratic city committee, of which Richard W.
Bell Is chairmar, was held in its headquar
ters in the Germania Life building last night
There was a gocd representation from each
of the wards.
Matters pertaining to the coming election
were talked over, and the ideas advanced
at the session were embodied ln resolutions
which were passed, as follows:
Whereas, The time is rapidly approaching
when the Democratic city committee will
be called upon to decide upon the day and
place wherein the Democratic city conven
tion shall be assembled to rlace ln nomina
tion the Democratic candidates for the sev
eral efflces to be elected in this city on May
3, IS9B.
And as it will devolve upon this commit
tee to decide upon the questions of the
number of delegates from the several
wards, according to a proper plan of rep
resentaticn of the members of the Demo
cratic party, and to issue and publish a
call for the elec.ion of such del?gates;
It Is hereby resolved that this corarai tee
publicly requests, frcm ail interest: d mem
bers of the Democratic party in the city of
St. Paul, such suggestions as to- the time,
place and number of 1 delegates to. such city
convention as shall to them seem fit and
proper in order that this committee shall
be enabled to execute their representative
powers in accordance with the best senti
ment and best party pol'cy, and to the end
that the Democrats of St. Paul shall have
the fullest opportunity to exnress their
wishes at se id convention, which shall de
cide the S3ntlmen's aid name the stan.ard
beerers of s.'id Demo.r. tic party.
Resolved. That the chairman and secre
tary of said Democratic city committee be.
and they are hereby instructed to sign
these resolutions and give ssme to the pub
lic press for widest distribution.
—Richard W. Bell.
Chairman Democratic City Committee.
— John C. Hardy, Secretary.
The following greeting was received from
the Young Men's Central Democratic club:
The Young Men's Central Democratic Cub
of Ramsey County has taken the first step
for a reorganization of this once valuable
organization of Democracy, as we interpret
it — that is, equal recognition of all work
ers or organ izatrens teaching Democracy:
two terms of office !so be sufficient; no
bosses or gang to dictate nominations or
make slates, but an absolutely respresenta
tlve convention of Democratic voters to
rame the ticket, which they are expect
ed to support and elect.
If our ideas of Democracy meet with
your approval and fair recognition will be
allowed, in the convention and on the ticket,
in accordance with the honest and sincere
efforts put forth by this organization and
its supporters, we desire to pledge our
selves first, last and, a'l the time to your
support for an honest, liberal and repre
sentative city government, obtained through
the election by a glorious victory of the
ticket nominated by the Democracy.
We are for harmony of the party through
organization, and lhe grandest victory ever
recorded. Yours for harmony,
I — H. W. McDonald.
Chairman Executive Committee.
The Young Men's Central Detnoerat'c Club
of Ramsey county ha. completed final ar
rangements for the meetings of the execu
tive committee aad precinct committees, al.o
the headquarters of the organization at tho
Windsor hotel. The Young Men's Fourth
Ward Democratic club will also hold their
meetings at the Windscr. President Henry
W. McDonald, of the Third ward, will, no
doubt, be re-elected, while F. E. Messing,
of the Fourth ward, is most likely ti b'c.me
secretary. Both gentlemen are spoken of as
candidates fer aldermen from their respec
tive ware's. The club will present a name to
the Democratic city convention for mayor,
and will announce his name at the next
meeting of the central organization.
ATHLETIC CLI B A WINNER.
Thirty New Members Have Been
Added to Its I.ist.
It was practically decided at a meeting
held yesterday in the office of James D. Dene
gre that the new athletic club plan formulat
ed some time ago by the members of the
Minnesota Boat club was a sure go, and
the members of the club present counted up
and figured that not less than thirty names
of new members had been added since the
original hundred was published in The
Globe.
Ways and means were discussed at the
meeting, and it was decided that if the mem
bers with lists will work hard for the next
week or two, the full complement will be se
cured, and the plans for the big new cfub
house on Raspberry island may be prepared
by the middle ofi March or April 1.
A great many men who have signified their
intention of joining have not yet actually
signed the membership list, and an effort
will be made to atee al* such during the next
fortnight. Those who wish to join and are
not seen are asked to communicate with some
member who haa; a list. They are N P
Langford Jr., H. P. Bend, C. P. Nash Henry
Blakeley, A. G. Wedge and William' Bjo'rn
stad.
It ls expected that a meeting of the di
rectors of the Minnesota Boat club will be
held in the near future, when the plans as
far as made, will, be laid before the club for
definite action.
A manufacturer! with a reputation to lose
must keep his goods up to a high standard
Imitators don't care. -See that you get what
you .order when you go to buy.
CASTORIA
For Infants and Children.
T_« fao- yf
BLACKFEETLAND EEADY
RESERVATION WILL BE THROWN
OPEN TO SETTLEMENT SOON.
Feb. 25 Is Fixed as the Date for
Opening; of the Ceded Territory,
According to Advices Received
From Kail spell Rich Mineral
Deposits Will Be Opened Up.
General Passenger Agent F. I. Whit
ney, of the Great Northen road, re
ceived news yesterday from Kalispell
Mont., that word had been sent there
from Washington to the effect that the
ceded portion of the Blackfeet reser
vation, along the eastern slope of the
Rockies, will be open for occupancy
and exploration under the provisions
of the mining laws of the United States
about Feb. 25.
This was formerly the largest Indian
reservation in the country. By a re
cent order of President MeKinley the
portion of the ceded strip that was in
the Helena land district has been
transferred to the Flathead district, so
that all applications for patents must
be filed at the newly established Kal
ispell office. It has been determined
by the commissioner of the general
land office that the provisions of the
| act will be strictly enforced, and that
the simple filing of the approved plat
of survey in the Kalispell land office
will determine the date of the opening
of the reservation. There will be no
proclamation or public notice given in
I advance of the date of the opening.
Is is known that there is a rich min
j eral belt in this ceded strip, and a mild
i form of Klondike rush ln that direction
j may be expected. Rich copper, silver
i and gold prospects have been noted
I from time to time, and the only, rea
! son that miners have not gone in was
i on account of government restrictions
now to be removed. It is said by some
! that they expect to see another Butte
j and another Anaconda founded ln this
! locality, owing to the abundance of
copper.
in the early spring there will doubt
less be a large movement of miners
and prospectors into the new district.
On the eastern edge of the ceded por
tion is located the famous St. Mary's
lake, where the Baring brothers, of
London, have spent their vacations
for several summers. Joe Klpp. the
well known guide and hunter, who fur
nished Central park, New York, with
its flrst Rocky mountain grizzly bear,
has arranged to put a stage line from
Blackfoot Station, on the Great North
ern railway, to St. Mary's, and give
easy access to a wonderfully scenic
region, noted for its fish and game
privileges, soon to be free to the sport
ing and tourist public.
AMTSCALP'NG LEGISLATION.
A Strong Stand Taken by the Amer.
ienn Association of General
I'ttsseiiKcr Agents,
WASHINGTON, Feb. 14.— A special
meeting of the American Association
of General Passenger and Ticket
Agents convened at the Arlington hotel
today. William A. Turk, general pas
senger agent of the Southern Railway
company, presided. There was a large
attendance of the members of the body.
As a rule this association dues not
meet but once a year, but the anti
scalping bill, which is now pending be
fore congress, caused this extra ses
sion.
The association adopted the follow
ing resolution:
That the president of the American
Association of General Passenger and
Ticket Agents appoint at this meeting
an'aetive standing committee on anti
scalping legislation by the several
states of the United States, which com
mittee shall consist of three general
passenger agents from the territory of
the following named associations, viz:
New England, Trunk line. Southeast
ern, Central Passenger, Western Pas
senger, Southwestern Passenger and
Trans-Continental.
The president, on motion, appointed
the following standing committee on
anti-scalping legislation:
D. J. Flanders. J. R. Watson, A. C.
Kendall, New England; J. R. Wood,
G. H. Daniels, D. B. Martin, Trunk
lines; C. E. Harman, J. C. Halle, C. P.
Atmore, Southeastern; C. S. Crane, B.
F. Homer, E. O. McCormlck. Central
Passenger: P. S. Eustis, George H.
Heaff. rd, John Sebastian, Western Pas
senger; E. P. Turner, M. L. Bobbins,
H. C. Townsend, Southwestern; W. F.
White, S. F. B. Morse, Charles S. Fee,
Transcontinental.
It is said to be the intention of this
committee to agitate anti-scalping leg
islation before all the state legislatures.
During the session the following was
also unanimously adopted:
Resolved, That we express our earnest
belief in the necessity for national legis
lation on this question and respectfully
urge upon our representatives In congress
that immediate and favorable action b«
taken upon this measure, which has our un
qualified indorsement as being in the in
terest of the general public as well as the
transportation lines
The business for which the meeting
was called having been satisfactorily
adjusted, the meeting adjourned.
IT I \ HOODS ITS CARS.
Nctrthern Pncific Reforms Its Bag.
gage and Postal Cars.
The Northern Pacific road is follow
ing the example of one or two of the
progressive Eastern roads, and will in
a short time have cut off the platforms
and hoods of its hundred or more bag
gage and postal cars. This is done
for several reasons. Platforms are what
railroad builders term "weak construc
tion" and to do away with them will
save considerable expense, to say
nothing of the great amount of weight
saved in lopping them off.
In the case of baggage and postal
cars platforms are superfluous, wheth
er they are blind platforms or whether
the cars have doors, as the only thing
necessary ls connection between the
cars and not from the ground. The
cars, as they look with both the plat
forms and the ends of roof over them
removed, will present the appearance
of a solid vestibuled train, there be
ing something like five feet saved be
tween every two cars when the sills
of the doors are brought right to
gether.
The new plan will also have a ten
dency to reduce the number of "ho
boes'" who ride at certain seasons, but
this is a minor consideration. Several
cars have been altered as described,
and are at the Como shops. About
100 cars will be similarly changed.
GRAIN RATE CUTTING.
Roads Willing to Move Wheat Un
der the Regular Tariff.
CHICAGO, Feb. 14.— East-bound grain rates
continue weak, and the prediction is made
by freight agents of the Eastern roads that
rates will be lower before they are higher.
It is difficult to obtain any exact figures that
have been made of late, for all the railroads
stoutly deny that they have made any low
rates themselves and they are not prolific of
data in regard to the cutting of rates by
anybody else. On one thing, however, they all
agree, and that is that the rates are beine
cut. 6
No very heavy shipments of grain have
been made within the last few days and this
fact is said to be the only reason why the
rates are cut openly. The demoralization
seems to be more in the bids that are being
made for grain, than in any rates actuailv
made. *
EXCESS FARES WEST.
Colorado Dispute Likely to Result in
Their Imposition.
CHICAGO. Feb. 14.— 1t is expected that
President Hughiit, of the Northwestern, will
issuo a call for a meeting of the presidents
of the interested lines to consider the Colo
rado fast train situation within a few days.
It was agreed by the presidents at the time
they decided to take the fast train problem
under consideration that Mr. Hughitt should
t__y~Sil-i Headquarters of the Northwest. Globe— '.'-l.'. '!*.
SIXTH AND ROBERT STREETS, ST PAUL
TIMELY TIPS HR TUESDAY'S TRADING.
Dress Goods Deph Lace Curtains.
All the new 1893 Novelties now For Tu_,d.v .-.h tv a
ready for your inspection-the specTal s_?e of nH edne&day ' *
world's choicest productions. wo nai sof T l ° r 'Z™ ? n , d
We mention specially a choice over ?ndfA«nrl • Curtains left
line of Imported High-Grade Nov- ' inventory:
elties in single dress patterns— $1-00 Nottinghams for 63c
Tringline Jacquards, Mohair Sou- $1-50 Nottingham, for $1.09
tache, Poplin Ondeline, Tissue $2.00 Nottinghams for SI 29
Bayadere and a handsome line of $3.00 Nottinghams for. . . . $1*75
" d «•£ ?** S*f J" ImS
$6.00 Irish Points for 53. 98
Hosiery Department. S£ _S_ _.!"_;_ £::::: &IS
Another agreeable surprise for $5.00 Brussels for. 83.23
those who buy at Manuheimers'. $6.00 Brussels for $4.09
This time it's Women's Sea Island $7.00 Brussels for «c_'r_r_
Cotton Stockings, at $10 . 00 Bru _ sels f £ ;; 9mM
35C a Pair- 3 Pairs for $1. $14.00 Brussels for $9.50
ISO dozen pairs of our Women's $ 20 -°0 Brussels for 513.09
famous Sea Island Cotton Stock- $27.00 Brussels for $15.09
ings, known to be the best fitting — .
and most comfortable stockings l v i _r_««U_.__ __!_.. s_ _.
produced. They are extra l.ng and Ail £_nDrO.(_ery ÜBUU
elastic, light weight and soft.made rr.,_. c • i ■
with slender feet and ankles, pos- *? e b P^ cial^ Clearing-Out Sale
sessing the proper degree of elas- * ontinue * Tuesday. All Battenberg
ticity, also high-spliced heels, Patterns a t just HALF-PRICE,
double soles and toes; in fact, all STAMPED LINENS — Center
that goes to make a stocking per- Pieces, sizes 24, 20 and 18- -gr»
feet. While this lot lasts the price inch; beat quality linen \f\C
will be each ' lUW
35c a Pair— 3 Pairs for $1. 12-inch Plate Doylies, each So
issue the call. It was orginally determined
that the meeting should be held by Thursday
of this week at the latest. The meeting
may not now be held this week, but It is
understood by all interested roads that there
will be no reduction in ra.es until the mat
ter is settled.
One passenger agent sa!d today that this
dispute between the four Colorado lines
marked the beginning of excess faxes ln the
West. He said it might nat be the out
come of the present matter, but that the
ultimate effect would be that roada running
fast trains will charge extra fares on them.
Brlee Outlet.
CLEVELAND, 0., Feb. 14.— Calvin 9. Price
has completed arrangements whereby Eaetern
and Western outlets are provided for his
railroads ln Ohio, Indiana and Illinois, so
that freight can move from Chicago over the
Lake Erie & Western and Its connections
and from St. Louis over the Clover Leaf, or
any line reaching New Castle, thence over
the Buffalo, Rochester & Pittsburg, and
th*n.e to the seaboard by the Beach Creek
and the Lehigh Valley or Jersey Central.
Railway l".a rnlnft*.
BALTIMORE, Md., Feb. 14.— The earnings
of the Baltimore & Ohio for January In
creased J37 OC7; total gross Increase for seven
months, 1C45063; Increase net for the same
period, $730,424.
Philadelphia, Pa., Feb. 14.— The report of
the Lehigh company for 1887 shows gross re
ceipts of $2,289,736; disbursements, $1,329,062;
net receipts, $760,133.
War on the HrokerH.
CHICAGO, Feb. 14.— The war between the
railroads and the ticket brokers ls being
waged with energy on both sides. The brok
ers have Issued statements and passed reso
lutions denunciatory in terms against the
railroads. The latter have sent out circulars
through the offlce of the Western Passenger
association showing how It ls dangerous to
do business with brokers.
Time Reduced.
DENVER, 001., Feb. 14.— Beginning tomor
row, the Chicago special will leave Denver
daily at 4:30 p. m., instead of 3:30, and will
arrive at Chicago at 8:45 p. m. tho following
day, the same as heretofore. This reduces
the running time one hour.
TIPS FROM THE TIES.
General Manager Scott and General Super
intendent Stuart, of the Omaha, aro out on
the Northern division of the line on an In
spection tour.
President A. B. Stickney, of the Great
Western, is home after a trip to New York
and Washington.
Ansel Oppenheim, of the Great Western,
has returned from a trip across the water.
The Omaha, Northwestern and Minneapolis
& St. Louis roads, which are interested in
the Mankato switching case before the rail
road and warehouse commission, will be rep
resented at the hearing which is slated for
today.
The Winona & Western railroad has re
ported to the state railway commission that
its tarnings for 1897 amount! d to $117.2.4.17,
on which the gross earnings tax due the
state amounts to $2,345.28. This in an In
crease over the preceding year of $951.01 in
the earnings and $19.02 in the tax.
Traveling Auditor Piatt, of the Great
Northern, ls out on the St. Vincent branch
of the line.
The Great Northern company has Just add
ed a score of new tourist cars to its equip
ment, to be used in tlie handling of traffic
to the Paciflc coast due to the Alaska gold
fever.
General Freight Agent Moore, of the North
ern Pacific, is in Chicago.
President Hill, of the Great Northern, re
turned home yesterday morning after an ex
tended absence in the East.
Traveling Passenger Ageut H. D. Dutton,
of the Port Arthur route, including the Kan
sas City. Pittsburg & Gulf road, was here
yesterday from Kansas City.
Messrs. Fee, of the Northern Pacific; Stone,
of the St. Paul & Duluth, and Macßae. of the
Omaha, comprise the St. Paul contingent
at the special meeting which opened yester
day ln Washington of the General Pa..senger
and Ticket Agents' association.
Did You Make Your Grain-0 This Way?
Here are the latest directions: Use one
tablespoonful of Grain-O to two cuds of cold
water. Mix the Graln-O with half an egg
and add the water. (He sure to measure.)
After the water gets to the boiling point
let boil for fifteen to twenty minutes. Is
cream and sugar to suit the taste. If you
have not cream use hot milk.
A lady said: "The first time 1 drank
Grain-0 I did not like it, but after using it
for ten days and forming the habit, nothing
would induce me to go back to i
This is the experience of all. If you will j
follow directions, measure it every timo and j
make it the same, and try It for ten days, i
you will not go back to coffee.
Rl HAL T__M_l'l.O\_. LINES.
Attorney Cairn* PleudH Their Cause
With the Chamber of Commerce.
The only subject of interest before the :
chamber of commerce yesterday was the fran
chise asked from the city council by the Min
nesota Telephone company.
Charles S. Cairns, of Minneapolis, address
ed the chamber. The company is one of four
companies which connect some of the small
er towns of Northern lowa. Southern Minne
sota, Central Minnesota and s-ctlons of Wis
consin and North Dakota. These companies
are working interchangably and want con
nections with St. Paul. The claim was made
that the interests of citizens would fie sub
served through the granttng of the franchise,
though no schedule of tolls was given. The
chamber did not act upon tho proposition.
A resolution was passed, under suspension
of the rules, favoring an effort by the Ram
sey County Medical society to secure the
choice of St. Paul as a place for holding the
next annual meeting cf the American Medical
association, now in session at Denver.
Claimed Under a Miirtgage.
The Arcade Investment company has
brought an action against David F. Peebles
to recover the possession of certain house
hold and office furniture, estimated to be of
the value of $400. Tne plaintiff alleges that
it is entitled to possession of the goods by
virtue of a chattel mortgage covering tlie
same, executed to it by T. M. Swem. the
photographer, and that the defendant refuses
to deliver them to the plaintiff.
TO CURE A COLD IN ONE DA*
Ta>e Laxative Eromo Quinine Tablets. All
druggists refund money if R fails to cure, ''..c
The genuine has L. B. Q. on each tablet.
HOLDS IT A PREFERENCE.
Judge Lochren Passe.. Upon the H,
O. Mil ii j_,.t AanlKomenl.
Judge Lochren, In the United States clr.
cuit court, filed a decision yesterday in th«
suit of L. de F. Barrett, as assignee- of A.
H. Castle & Co., against the First National
bank, of Kansas City.
In September, 189:., A. H. Castle and R. C.
Munger executed and delivered to B. Wag
81n.e X two Jolnt Promissory notes for $5 2C-1 60
which notes were assigned to the Firet Na
tional bank, of Kansas City. Subsequently
Mr. Munger gave two mortgages to secure
w_. nole f- Those mortgages were recorded
within ninety days of the date of the a-ssign
™ ° f A I. H „ ( . a9tle & Co - t0 th <> Plaintiff,
The court finds that R. C. Munger had
been insolvent for soma time before th<
assignment, and that the agent of the First
National bank, of Kansas City, knew of such
insolvency when he insisted upon Mr. Mun'
ger giving the mortgages. Judge Lochren
declares that that act constituted a preference
of the Kansas City bank over all other cred
t0 "-.i u,d tna * }he mortgages are therefor*
voidable as preferences.
o____.STO__Tll.__k..
The fao- sj
AMUSEMENTS.
METROPOTiH]!^ "' 'S^
TONIGHT, ggSSS*. 50c
A Oreat Big Hit,
MISS PHILADELPHIA
Not a bit slow. Evening price*, 25-50 -75 Si.
Thursday, feta. l"7 .
Sent, now on sale for
SCALCHI !
The Greatest Contralto in tho World. In
Grand Italian Opera— Third Act Fanst.
_.X.i- P .» c , c ... Z, b . ' ', l Miscellaneous Concert.
MME. BEIINKJE PASO.I A Ll—
„,,,..„„ „ _, Prima Donna Soprano
SIGNOR M. PASQUALI Tenor
lm L^ Ml', iVn°rF- MezV-O^Coloratura
' rv Hi ALBEKTI Baritone
SIG. G.NARRO ....Musical Director
Feb. 18 _k 19— Hat. Saturday, 'toe, SOc.
TBM MURPHY,
Of "A Texas Steer fame, in a grand double
bill at each performance
OLD INNOCENCE and
SIR HENRY HYPNOTIZED.
250, SOc— SATURDAY MATINEE 33c ->Jc
Feb. 20-CISSY FITZGERALD
Tonight, Tomorrow Matinee and Night
JAS. J. CORBETT
A NAVAL CADET.
Thursday, Friday, Saturday Matinee and Night,
THE ADTENTDRER.
Next week, "Under the Polar Star."
DRAMATIC SCHOOL.
DAVIS-BRODOCK
STUDIO OF
HAEMATIC ARTS *
THORO t ■<* II THA ININQ .
VOICE EXPUKS' ION— PHYS KM I -
ACTING.
Amateur Performance . Directed.
710-711-71% Pioneer Press Building.
HARRY I. DAVIS Business Mauaget
A CALENDAR WATCH /*, SP3CO!
The wonder of the nino W \S.
teenth century, Stem-wind jLr-JI r» r i nn
and stem-set. A perfect cul- |hM__Y . I 1. .
endar Watch. It work, auto- 9 s&tf
ma ically. giving the time of lHp jin nr
the day to the seooud, day *» i_i/ 10.
of tliM week, date of the " _^*Sfi»'*
month and month of _!,o ___S_^Si^v^W.
year, and all changes of
the moon. It is self-act- jLw BI \%- >. y^
ing. making all changes M f\ Ay.V ■ «
at midnight. The move M\ I A I .lm»» SJk
ment i- of nickel, nlahiv Iv [rl . \fcUv |\
jeweled, has luminous a ' \J / __• » _*i'£\
decorated sunk dial.com £ L_. /_«-Tl ttlWlv'al
position hands, and Is a I Tft J7f[ \ 1 ffi'% U
lino piece of workman _ M 5? 1 1 U _T_l -'■■_'
ship, embodying all the c XI t» y /B Sy|; v i
recent improvements in W | filar.
the art of watchmaking, a §*.'._
and i_ guaranteed an ac W__ f*** tk. ffSfflM
curate timekeeper. The W» tfMv\ Sg B'Mfflm
cases are open face, full I| |m\ vflsfij
size, black oxidized seel wil.i/A wfttiSf
with 14k gold-tilie-l pen- m#VK/ V //H___OT
dant. bow and crown, \V Wjjß&P/JtW
making a very hand- >o>— «o_f__f /__f
borne timepiece. x = -^_Bl'^-ir
f\. H. SIMOIN, Est. 1877.
Wholesale and Retail Jewelry House.
Importers of Watches and Diamonds.
Cor. Seventh and .Jackson Sts., St. Paul.
FREE— Our 20..-page Catalogue.
Scud u_ your mail orders.
Official State Historical Photographer.
C^^*^^_2___^_____^ ?
STUDIO
90 AND 10l EAST SIXTH STREET.
(Opposite Metropolitan Opera II
.1 MA T F.i' it s i pp i. n:s,
PINISHINti AND ENZ IRtiISG.
ADVICE AND INSTRUCTIOS QIVRV.
TELEPHONE 1071.
i __iGas&co.n
i_»j-192 E. Third St., St. Paul. L
JROCERIEJ
supply Hot. ls, Restaurants, Boarding Hous. s
and all who buy in quantity. Call a_d _- o
"'hat caii be saved.
8