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The Saint Paul globe. (St. Paul, Minn.) 1896-1905, June 16, 1898, Image 7

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

Persistent link: https://chroniclingamerica.loc.gov/lccn/sn90059523/1898-06-16/ed-1/seq-7/

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The Huruji-s of n Scemid Kl>liik
S)|iiii(;ron to Look After the t'udi-
Fleet Confirmed From a Seml-
Oiiicinl Source Schlfey, It Is
Suit!, Will Uo in GmbmiM of the
Washington Bureau St. Pau' Globs, \
Corcoran Guild ing. \
Special to The St. Paul Globe.
W A.SHINGTON, June 35.—Confirma
t'on h;s been received toiay from
a seroi-ofßc'al source of the formation
of a n< .v liyir.g squadron, for a possible
jit tack on ihe Spanish coast. Accoid-
Isg to a BATaI attache th"- mobilization
of worships in Hampton Roads is for
no ■ th r reason than that g.v-n above.
The ravy department '.a believed to
bo considering two plans for the pro
posed vl Lsh across the oct ;»n: one be
ing to send a squadron of fiat ships,
with ' jir- i> ocal-cirrylng capacity oniv
for s» oi ti -ig purpi s ?, and In ! ether ba-
Ing to soatch one squadron ahead,
c imp * of the fleetest tfclps and best
ftgrht r3 am n^ the cru'ser clas?, and to
follow iis with a sic'iiJ squadron,
probablj composed of two battleships,
a number of c>)i:i rs anil several of the
cruiseis with lighter coal capacity.
The Brst plan, of coarse, would be
solely for the purpose of havirg good
ships ii. Spanteto waters to keen watch
on the ii serve armada. The idea of
adopting the second plan would be to
dispatch th- swifter e;u's rs ahead, fur
th<* purpose of fixing the position of the
Bp&nish sh:ns, in order that tha second
and more formidable fleet might on
gase the enemy in its own waters if
ccc:isi n permitted.
•The Spanish reserve fl et," s^id tbe
officer referred to, "is in as good con
dition today as it ever will b?, and the
n ports coming from Madrid about de
lays In repairs and shortness of am
munition are ail excuses to gain time.
Spain will never send" her reserve fleet
to swalli w Oervcra's ( ? ose, and the gov
ernment knows if. We hay.2 got to go
after them, and from the plans now on
foot it li-oks as if that would soon ba
When asked about the statement
that the Newark or the Cincinnati
would be the flagship of this squadron,
(he naval attache laughed and said
that no commodore would go out on
a ship t!::it could carry only 800 or 40J
tons of coal when others of better class
were available.
He confirmed the news to the effect
that Commodore Schley will probably
be the man selected to go on this bold
and hazardous voyage, which is likely
to startle the whole world for audacity
of purpose. The Brooklyn or the N^vv
York will be the flagship of the squad
ron. In ( ase the presence of both these
■nips is required in Cuban waters,
then the Minneapolis or the Columbia,
each of which can carry 1,800 tons of
coal in its hunkers, to say nothing of
what it can handle in other ways, will
bt selected as flagship of the squad
According to information received
from several sources, it is not likely
that the Newark, the Cincinnati and
the San Francisco will be assigned to
the flying squadron, for the reason
that n;>t one of them can carry over
SOO tons of coal.
It can be stated on good authority
that this squadron, if the department
decides to ser.d it across the ocean, will
be made up in part of the following
cruisers: The Brooklyn or the New
I :l\ probably both, in which e%'ent
the Brooklyn would be the flagship:
the >Tir.?^-fiT-iHs and the Columbia, the
St. Paul, the St. Louis, the Yale and
th° Harvard. With Cervera's fleet out
of. thi* way, all of these ship 3 can be
Fjiared, and they are just the ones to I
s=«nd un a long dash, as every one of
thorn is rated above twenty-one knots.
Av.y d<May on Spain's part in moving
its reeet've fleet is likely to cause the
formation oj a reinforcing squadron, to
lx» composed of two such battlvships
as the Oregon and the Texas, a num
b<-r of colliers and probably several
more* cruisers.
Tins statement is based upon inter
views with naval officers, and is known
to be tre idea considered by the depart
ment and indorsed by strategists.
A significant fact in connection with
the proposed squadron is the presence
In Hampton Roads now of four col
liers and several coal schooners. The
latter are the Alexander, the Evelyn,
the Southery and the City of Macon.
News leaked out today that the Buf
falo may not be adfled to the navy.
Repair work on her has been delayed
until a board of inspection can deter
mine whether or not the ship is in a
worse condition than represented by
Flint & Co,, of Norfolk, who purchased
the NJetheroy from the Brazilian gov
ernment for the United States. It is
feared that her repairs may take longer
than was contemplated, in which event
the government will not take the yes
• Eel off Flint's hands.
Tall Regiment to He Rntoed in West
MANNINGTON, V,'. Va., June 15.—
3barlea A. Whiteshot, of this place.
proposes to organize a full regiment of
:en companies or 1,000, no member of
■vhich shall be under six foet in height,
ri £l ft- frr^i i -fl «yf I
is clue not only to the originality and
simplicity of the combination, but also\.
to the care and skill with which it is
manufactured by scientific processes
known to the California Fig Syrup
Co. only, and we wish to impress upon
all the importance of purchasing 1 the
true and original remedy. As the
ponuiue Syrup cf Figs is manufactured
by the Califounia Fig Syrup Co.
only, a knowledge of that fact will
assist one in avoiding the worthless
imitations manufactured by other par
ties. The high standing of the Cali
fornia Fig Sykup Co. with the medi
cal profession, and the satisfaction
which the genuine Syrup of Figs has
given to millions of families, makes
the name of the Company a guaranty
of the excellence of its remedy. It is
far in advance of all other laxatives,
# as it acts on the kidneys, liver and
bowels without irritating or weaken
ing them, and it does not gripe nor
nauseate. In order to get its beneficial
t ffects, please remember the name of
the Company —
fi AN Fit AN CISCO, Cal.
I P£.eh company retaining the right to
j elect its own captain. The men will en
list for two years or less service and
when the regiment is fully organized
it will be Wrfßlered to the president for
the volunteer service, to besent to tha
remotest parts of the earth, if neces
Swarthy Spaniard Discovered Se
creted In the Vessel Is Relieved
to lie a Prcaaflaant Represeatetfrve
of the BpOTtrti Government He
Will I?e Given an Opportunity to
Mtike v Rxitlaimtioii.
KEY WEST, Fla., June 15.— Jamie
Fermiers, who says he is the first of
ficer of the Spanish hospital ship
Alicante, was brought here this morn-
X'S a s a prisoner of war on board the
British/ prize steamer Twickenham,
captured by the cruiser St. Louis on
June 10.
Conflicting stories are told concern
ing- the Spaniard's presence on board
the Twickenham, and there is strong
suspicion that he is a more important
capture than superficial circumstances
micht indicate.
The Twickenham was captured on
the morning of June 10, when about
fifty miles off the south coast of
i Jamaica. The St. Louis, which took her.
of course, without a show of resistance,
was the only American ship in or about
those waters at the time. Th? British
ship had been picked up in West Indian
waters about a month and a half ago
and was warned to avoid the blockade
vessels. Recently it was learned that
she was at Martinique; where the Span
ish hospital ship Alicante, under com
mand of Capt. Antonio Genis, has been
lying for some time.
There was a report that the Alicante
and other ships of the enemy had been
securing coal from the Twickenham and
upon learning that the latter had left
that pol-t, ostensibly for Jamaica, the
St. Louis scouted for and eventually
found her. . The auxiliary cruiser's in
formation was that the Twickenham
had sailed on April 21 from Newcastle
on-Tyne for St. filled to her
capacity of 3.200 tons of coal. At St.
Thomas the cargo appeared to have
passed, according to papers, to the
charge of a person named Clark, to
whom the Twickenham had been char
tered by the owrers, the British Steam
ship company. She left St. Thomas on
May 15 and sailed for Fort de France.
Martinique, but C-<pt. Goodrich, of the
St. Louis, could find no papers to in
dicate to whom the ship and the cargo
were consigned.
On June 5 the United States consul
at St. Pierre, Martinique, wired to the
state department at Washington that
the Twickenham's cargo of coal was
consigned to the Spanish consul in that
island, but that the local government
refused permission to that official to
land it. On the- same day tha Twick
enham sailed for Jamaica, and was
picked up off (he coast five days later
by the St. Louis. Capt. Robinson, of
tlii? Twickenham, profrssed complete
ignorance respecting the ownership of
the cargo, find could produce nothing !
tending to fix this point. He said that j
at Martinique he was informed by a i
man named Lebat that he (Lebat) was |
the ship's broker, but Capt. Robinson
added that he had a contract with the
owners of ti:e Thviskenham, which,
however, hs did not show.
Capt. Goodrich put on board the
Twickenham, a prue crew., C q.nsisiing !
of Ensign F. B.- Payne and -five ■ma
rines, and. after reporting the capture
to the squadron at Santiago de Cuba,
he sent the British vessel hero. Ensign
Payne says it was not until the ship
was bound for Key-We3t that Fer
nieres, the mysterious Spaniard, was !
discovered stowed away in the hold.
On the other hand, Capt. Robinson
declares he took him aboard as a pas
j senger at Fort de France at the re- j
quest of Capt. Gfnis, of the Alicante. I
Fernieres, who is an imposing-looking |
; person of about fifty years, a typical I
j Spaniard, drooped his eyes as he told j
j his story through an interpreter to the !
representative of the Associated Press.
I He said he was directed by orders
■to go from Martinique to Jamaica,
where he hoped to board a steamer for
the Pacific coast, in order to transact I
business with the Spanish Trans-At- !
lantic company. He was also to see
the company's agent at Jamaica, but
strange to say, he did not know the
agent's name, and was to secure all
necessary information there. He had
been told there was no danger in his |
mission, yet he was a prisoner of war
involved in an international complica- i
tion. The agitation of Fernieres, tak
en in connection with the unlikely por
tions of his story, lead to the belief that
he is an important prisoner.
He will have an opportunity later in
the day or tomorrow to tell his story,
when Capt. Robinson and other officers
will be examined.
On Saint Paul & Duluth Railroad.
Go to Pine City, Rush City or Chis-:go
Lakes for fishing. Go to Taylor's Fal's end
Interstate Park for scenery and make the
| acme of river tours Taylor's FalJa to Stiil
water through the Dalles of the St. Croic
See St. Paul & Duluth Railroad Agents for i
Departure of the Invading Army
From Tampa.
TAMPA, F!a., June 15.— When the
last transport disappeared from Port
Tampa the count showed that there
were thirty-six vessels bearing the
United States at my of invasion. These
thirty-six transports were accompanied
tc Cuba by sixteen war vessels. Many
of the transports were literally black
v. ith soldiers, the great loads of hu
manity causing the vess?ls to draw all
the water from sixteen to twenty-one
The departure of the fleet was a most
picturesque sight. From the time that
the first vessel loaded with United
States soldiers left the bay until the
last ship had disappeared there was
jy»t the slightest confusion or accident
Every vessel cleared easily, and, per
haps, with less difficulty than would
have happened in any other Southern
One of the striking features before
the fleet left was the brilliant effect
given by the electric lights, supplied
by one of the largest electric plants in
the South.
It is believed that many of the out
going vessels will return from Santi
ago within the next week or ten days
and will probably transport another
great army to Porto Rico, which is now
being hurried forward from various
points of the South, especially from
the national encampment at Chjcka
To Be Presented for the Benefit of
the Red Cross.
Chas. Dickens "Cricket on the
Hearth" will be presented in assembly
hall of the Mechanic Arts high school
on Saturday evening, June 18, for the
benefit of the Red Cross work.
The tickets have been selling rapidly,
and a neat sum will undoubtedly be
realized through the very commendable
efforts of the members of the classes of
*8S and '99, who are giving the piece.
« iiiH'p.isinHN oil the Part of the
Honae to \.-lson Met by Concen
nloiim li'pom the MliiiM-sniiH Sena
tor liar], Action Is Now Ki.
peoted iv Both llrmiches of Cou-
WASHINGTON, D. C, June 15.—Con
gressman Fletcher said this afternoon:
"The bankruptcy bill will soon be
taken up. I have positive assurances
from Gen. Henderson that an agree
ment has been reached and that the
bill will bo considered." Senator Nol - '
son confirmed the statement.
The conferees on the bill have reach
ed an agreement upon a compromise
proposition which embodies both the
voluntary and Involuntary clauses, but
limits the involuntary clause much
more than was ihe case when the bill
passed the house. The penalties as fix
ed in the house bill have b; en mitigated
a good deal, and the changes are of
such a character that both sides feel
that they have gained their point.
Senator Nelson, who was the leading
advocate in the senate of the bill thnt
passed there, which provided only for
voluntary bankruptcy, says he is satis
fied with the bill at> agreell upon and
that he expects the conference commit
tee repnrt to be presented In the sen
ate tomorrow. He thought that there
would be no trouble about its adoption
in both houses.
Judge Ray, of the house committee,
who has had more to do on the part.
of the house conferees than anylwdy
else, also expressed himself as satisfied
with the bill as agreed upon by the
The house members found it neces
sary to get Nelson's support in order
to carry the bill through the 1 senate
and therefore had to make concessions
which Nelson finally met with conces
sions on his part.
The principal contest ranged about
two essential questions of what con
stituted acts of bankruptcy and what
preferences should be allowed on the
part of the debtor in advance of the
A new statement of acts constituting
acts of bankruptcy has been prepared
by the conference committee, but it fol
lows in the main former provisions ex
cept that the provision is omitted that
it shall constitute an act of bankruptcy
when the trader has "suffered, whi'e in
solvent, execution from the court of
record for $500 or over, or a number
of executions aggregating such amount,
against himself to be returned. No
property, unless amounts shown to
due by such execution, shall be paid
before application is filed." In view of
the fact that such return might be
made in a single county when the debt
or had ample property in some other I
.county, that provision was changed. I
The language cf the provision bearing
upon this subject as drawn by the con-
f trees is as follows:
Acts of bankruptcy by a person shall con
sist (1) of his havirg ecnveyod, trans'errod,
concealed or removed or permitted to be c n
cerled or removed, an^ part of his propeity
with intent to hinder, delay or defraud hi 3
creditors or any of them, or (2) havirg trans
ferred wbi'fi insolvent any portion of hi i
property to one or more such creditors wi h
intent to prefer such creditors over Mb other
creditors, or (3) having suffered or permitted,
while insolvcn', any creditors to oMa'ri pre
ference through legal proceedings and no'
having, at least five days bfore fin; 1 sa\i
or disposition of any prcp?rty afffc.fd b'
such preference, vie-late:! or discharged such
preference, or (i) made ireneral assig nie-v
for the benefit of Mi cr (iitor.-, cr (i) rdnitt d
in writing his inability to pay his debts and
his willingness to be adjudged bankrupt oa
thst a ceo lint.
It shall be a complete defense to provocd
irrgg instituted under the first subdivision >f
this sccticn to allege and rr.ve thst tie party
proceeded against was not insolvent as de~nel
in this act at the time of the filing oi'*thi
petition app.inst him, and if solvency *t :uci
date is proved by th; all-g-d lankrjpt p o
ceedings shall ba dismissed and under sail
subdivision the burden of proving s 1 enc/
shall be on the alleged bankrupt.
The provision regarding preferences i
and transfers of prop?rty in advance !
of bankruptcy renders transfers invali 1 I
when made within four months of j
bankruptcy, except in ordinary course |
of trade for full value. Preferences !
given within four months are also in- !
It is provided that a person may be !
declared bankrupt when it is publicly
known that he is in an insolvent con
Marines and Cuban Allies Kept
Easy by Bnnlnihackers.
Copyright. IS9B. by the Associated Press
day, June 14 (via Kingston, Jamaica,
Wednesday, June 15).— There was no
renewal of the attack on the marines
last night. They slept in the trenches'
with their rifles beside them, protect
ed by a picket line of insurgents and
marines, under the command of Lieuts.
Lenore and Smith. The pickets had
strict orders not to fire unless com
manded to do so. There were several
alarms, but no firing during the night.
In consequence the men awoke much
i refreshed after four days and nights
!of continuous work and fighting. It
I was supposed the enemy had retired to
j the windmill on the south coast, the
only remaining source of water sup
ply. The windmill was shelled at in
tervals all day yesterday by the Dol
phin, but the Spaniards were stiil
there this morning. At 8 o'clock the
enemy made an unexpected, sharp at
tack on the American rear and left
When the pickets came in for relief
the Spanish guerrillas crept along be
hind them and got within 100 yards,
when the accidental discharge of a
rifle in the trenches led them to be
lieve they were discovered, and they
! opened fire with a volley which whis
tled harmlessly overhead. They had
shot too high, as usual. The marines
then scrambled from their steaming
coffee and hard tack back to the
trenches and met the guerrillas with a
ragged but well directed rifle fire. In
addition five field pieces, mounted at
an angle in the trenches, and the ma
chine guns poured a hall of bullets
into the chapparel, scattering the main
body of the Spaniards in all directions.
Shells were dropped into their midst
as they ran. A few of the enemy
stood their ground desperately on the
left flank, and the crack of the Mauser
rifles and the pings of their bullets
•were heard rather than seen for an
hour as the smokeless powder used by
the Spaniards made their location in
the dense underbrush almost impossi
ble to detectv
The Panther fired six-pounders into
the Spaniards while the marines were
engaged in beating off the attack.
Only one man was wounded, and he
sustained only a slight Injury on his
The Cubans, who acted well last
night,- were with difficulty forced out
of the skirmish line this morning.
Some of them refused to be driven
even when struck by their officers
with the flat of their machetes, but
they were not censured. They try to
work out their knowledge of the meth
ods of the Spanish guerrillas in war-
fere, and, In land service aa guides,
they are invaluable. Our men are at
a great disadvantage with the guer
rillas, who are past grand masters of
this particular plan of^ campaign of
savage rather than* civilized warfare.
The men slink tßroiigh the tropical
undergrowth as noiselessly as shad
ows, some with their naked bodies con
cealed with palm leaves, so that they
are neither seen : nor heard. Our men
are not familiar w.ith these tactics and
awkwardly crash through the bush.
Capt. Abbott says the enemy could
not stand a minute tti the open, but
he admits that they are dangerous
antagonists at this sort of wcu*k.
The marines are seasoning rapidly.
The hospital ship Solace is in Guan
tanamo bay with the wounded on
As the Dauntless left the bay the
smoke of two Spanish, gunboats in the
inner harbor could be seen, and the
Dolphin stood up the channel to make
an attack on the Spaniards had they
the audacity to make one.
Ten miles off shore the booming of
guns could be heard, and the harbor
was veiled in smoke.
President Andrews Tells Senior*
That Ho Is AKuliiNt |J -
PROVIDENCE, R. 1., June 15.—Pres
ident E. Benjamin Andrews, in his ad
dress to the Brown university seniors,
made a vigorous address on the war.
He justified the war without reserve,
and sharply criticised the peace folks.
He said:
"If an event is benignant, helpful
to mankind, and spontaneous, arising
without human plan, we may feel sure
it comes from God. Although proba
bly the greater part of this war is
ahead, the part past may be tested
by these criteria. This war has al
ready done a hundred times, yet, in
finitely more, toward binding together
the North and the South than all other
agencies since the lebellion rent them
asunder. This war is based on high
moral interests, the welfare of a part
of the human family. The v, ar will
help great populations of human-kind
that have had no hope of rising po
litically. Latin America will now look
to Anglo-Saxons, to. .us, for their in
dustrial, educational,,, and religious
models. To help such,-, people it i s not
necessary for the United States to ba
come a great conquering nation, al
though I hope she will extend her do
minion somewhat.' We should abhor
the spirit of mere conquest, but it is
right for a nation, as, it is for an in
dividual, to try to shed its light in
dark places.
"But many good peqple say this W3r
is wrong because all war is wrong. We
must remember, however, that we are
not yet perfect. -,As q we have to call
L in force on our to keep ordar,"
so natiors are called Yon to put down
flagrant wrongs. Sprpe say this war
is wrong because (he Cubans are a
| 'bad let,' ard can.r.ey-r have any civil-
I ir.ation. So Europe of us during
I the Revolution. You, probably can't
I make a Great Britain out of Cuba, but
I we can see to it. for instance, that titlos
j to land there 2nd in Porto Rico are
i good. How much it would mean to
i the world if we should establish good
| order there and in t^ie Philippines!
"Some people say it is a great mis
| Lake for the United S'tatps to turn its
I attention from internal social problems
j to external political affairs; that we
| have no machinery for handling c?lo
| nies, ard that we have onoue-h to do at
j horr.e' to solve the tariff and the money
| questions. All this reasoning rests on
; a fearful misconception of how reforms
Igo on. They eight to victory not sep
eratPly, but together. In' no other way
con this nation jo vreH pet' on as by
interesting i'l'solf- .in Tj'eedcd; reforms the
i wide world r,i 7 et. THe best vrxiy to get
people to fcf.lp the poor and drunkards
at home is to create in them a feeling
of responsibility for every man, no
matter how far away. Get men to love
God and humanity, ard then you'll get
things done at your door. I know of
r,o other moral law for international
matters. If you cultivate the hermit
nation idaa — the idea that we : must
solve the tariff question and the mon
ey question, and solve them forever,
before we attend to outside p: nblems,
such as the Cubans — we shall get no
satisfactory progress in anything."
Re|>reKi>ij<n<ives of Publishing;
Houses Tell of Tljplp Gccoiln
Fifteen or more book agents were on
; hrvnd yesterday in the superintendent's
\ office of the high school building, at ft
| meeting of the text book committee
of the school board.; In response to an
I invitation from the' board, publishing
bouses all over the-' country have sent
[ representatives tp St:, Paul to appear
[ before the beard a-ril announce th?
| merits of their respective publications.
The law under which the school board
I operates provides tih&tk contracts for
I text books made by the board must not
be less than three years in duration
and not more than five. Although there
is no certainty that the board will mak-3
any radical changes in the books now
I in use in the schools, it will make some
changes. No action was taken at the
meeting yesterday, other than to bear
the arguments of the book men and
refer the matter „to» Superintendent
Smith with authority .to prepare a list
of books, from which the board mijrht
select. Corporation Attorney Markham
has advised the board that a contract
must be made for a period of not less
than three v,ears.
Say They Are Not Disorderly.
The home cf Joseph Shue, Ninth ar.d Frrt
streets, was raided by the police Tuesday
night with the result t'oat Rhue. James Pal
ace, John Slattery, Mrs. Jo?ie O'Connor ai:d
Mrs. Shue were prisoners in the municipal i
c:.urt yesterday, on the charge of disordc. ly
conduct. - I
The police claim that frequent complaints
have been made by residents in Uie vicinity
of the Shue home, of boisterous cjnou?t and
miduijrht revels at the p'.ace that disturbed
the neighborhood.
Tlip accused deny the charge and secured I
continuances until today.
Want a New Trial.
Judge Amidon, of the United States circuit
court, listened to arguments yesterday in a
motion for a new trla'. In the case of Helena I
Nelson against the Chicago Bridge and Iron
company. The husband of the plaintiff was
killed by the falling of a derrick while em
ployed by the company and his wife secured I
a verdict for $5,000. The motion for a new
trial was made by the defendant and the mat
ter taken under advisement by the court.
Kiii'inc-rN Incorporate.
The Waseca County Farmers' association
yesterday, filed artlclfs ot incorporation with
the secretary of state. . s
The capital of the , new: company Is $£0,000.
Its incorporators include' a score or more
AVaseca county farmers. '
The business of the concern will be the
handling of grain at Waeeca, Minn.
>i ,
Stron? Assertions as to Just What
tke Remedies Will Do.
- Munyon guarantees
fSsPs!ffia§Ba*. that hlB niioumutißin
dBaBS-iBSSSNISa Ctae will cure nearly
JUfflSti i i "wltti ' *^ c^ses ot rheuma
iWßbw 'WMj ttem in a few hours;
'JB&F h»i that his Dyspepsia Curo
iggL js3& 3 * vill cure and
ukßf rtrjt_. .••'BBjf all stomach troubles:
ft JFWrtM«y that his Kidney Cure
\i '' will euro 00 per cent.
y«An of °M cases of kidney
K> 4»--S**l trouble; thut his Cv-
JteT MO tarrh Cure will cure
catarrh no matter how
mM^TIBMk loD 8 standing; that his
toi^flDBraHMBSP Headache Cure will cure
*\i "■.'■'■■ Hy any kind o f headache In
1 I W' a few minutes; that
I •■ hta Cold Cure will
quickly break up any
form of cold and so on through the entire list of
remedies. At all druggists, 26 cents a vial
If you need medical advice write Prof. Munron.
1606 Area it., Phila. It It absolutely freeT^
Roberts A. &. 0. Iron Co.
All kinds of
Architectural Iron Work!
General Foundry Work.
ST.PAUL rnnrs
7OZ-7 10 I'ayne Aye.
A!?. Porter, sioul onri Bear, soai
Gnd /ninerot waters. Fruii Giclsrs,
Manufacturers of
fillers' and Lumbermen's
BOOTS as^ffl SS®ES.
Batter, Cheese, Eggs. Milk and Cream.
Third and -Uluna .out St».
Orde* ot t!ie Lower Court Affirmed
in the Case of the Northern Pa
cific and the Rtccivers vs. the
Scott & L-o!s(ori Lumber Com
pany City of St. Paul Sustained
in Appeal.
Chief Justice Start yesterday handed
down a decision which decides knotty
questions as to the riparian rights of
parties owning property adjacent to
land submerged by high water for a
long period.
In the case of the Northern Pacific
Railroad company against the Scott-
Holston Lumber company, of Dulutn,
Chief Justice Start sustains the lower
court in finding for the railroad com
pany. The syllabus is as follows:
Northern Pacific Hai!road Company . and T.
F. Oakes et al.. Receivers, etc., respond
ents, vs. Scott &. Holston Lumber Company,
1. The owner of certain lands bor
dering on the Bay cf St. Liuis p'atiei
them, iucluci-ig a portion of the submerged
lands appurtenant thereto, and made and re
corded a plat thereof, on which was indi
cated a public a'.iey thirty feet wide in front
of one of the shore blocks. Next in front of
this alley lines were drawn on the plat em
bracing a tract cf submerged land £00 feet in
width, which was the outermost let or tract
platted, its exterior line which was the outer
most line on the plat was marked, "Proper
ty line of L. S. and li. R." The raKroad
company then occupied this tract with its
railway track and afterwards the platter con
vtyed the tract to it. Held, that the riparian
rights originally incident to the shore block
were severed therefrrrn by the plat and at
tachc-d to the outermost tract.
2. The deed by which the tract was con
veyed contained ether lots of land, but the
description thereof was wholly .disconnected
from the description of the tract in questl n.
The description of the lot was follower! by
the statement that it included riparian ri<*h*s
No such word followed the description of the |
tract. Held, lhat the riparian rights which j
the platter hid annexed to the tract passed i
by the conveyance thereof. Order affirmed
—Start, C. J.
Patrick Kcigher. appellant, vs. The City of
St. Paul, respondent.
1. Held, distinguishing Moran Manu
facturing Company vs. City of St. Pau' I
65 Minn., 300, that the evidence justified the I
verdict to the effect that payments made by
the defendant upon certain contracts for
sprinkling i:s streets were made and ac
cepted upon and in full extinguishment oi" the
principal of the debt. And that the trial
court properly submitted the ques;ian to the
jury. v
2. Held, that it was competent for the de- i
fendant's comptroller to testify in thi3 cas»
to a conversation relative to the is?ue with i
the deceased contractor.
3. An objection to evidence that it is in- •
competent and immaterial is not sufficiently !
definite to call the attention of the court to !
objections that the evidence is inadmissible
under the pleadings. Order affirmed.
—Start. C. J.
Ironton Ijand Company, respondent, vs W
W, Hutehart. as sheriff, et al.. defendants'
Lev! D. York, appellant
1. The plaintiff was the owner of :
ICS acres of Isnd, and, for the purpose of in- ■
creasing its value and salability. agreed with '
V., who knew of such purpose, to '
convey to him ten acres thereof and give to :
him a cash bonus for which he agreed to i
erect and operate on the ten acres a steel :
plant, of a stipulated character and capacity i
The plaintiff made the conveyance, paid a I
part of the cash bonus and gave a mortgage ;
to secure the balance. The contract on the
part of Y. was substantiaJly performed as to !
some of its terms, but there was not a com- i
plete performance of all of them. The mort- !
gage was assigned and the assignee received ;
it with notice of the plaintiff's equities. Held :
that the plaintiff was entitled to allege and I
prove, as a defense to proceedings Instituted !
by the assignee to foreclose the mortgage, tha i
damage It had sustained by the breach of I
V.'s contract, and If the damagrg equaled or
exceeded the amount of the mortgage to '
wholly defeat a foreclosure thereof
2. Held. That its right to make such de
fense was not affected by the fact that it !
had previously commenced an action which '■■
was still pending, against Y. to recover dam- '
ajjes for breach of his contract, it not ap- !
pearing that the assignee acquired the mort- I
gage after the commencement of such action '
or that he had changed his position or parted '•
with anything of value by reason thereof
3. Held, That the measure of plaintiff's
damages was the difference in the value of
Its land with th,p contract performed to the I
extent It was. and what the value of the land >
would have been if there had been a complete i
performance of the contract.
4. Opinion evidence by qualified witnesses
is competent as to what the value of the
land would have been if the contract had been
completely performed. Order reversed.
—Start C. J.
Olaf Stendal, as administrator, etc., of Clar
ence E. Stendal, deceased, respondent vs
Allen P. Boyd, appellant.
A land owner is not bound to fence or oth
erwise guard an open excavation or pond
natural or artificial, on his land so as to
prevent injury to children coming thereon,
■without right or invitation express or im
plied, although they are Induced so to do by
the alluring attractiveness of such excava
tion or pond. Order reversed.
—Start, C. J.
Erik Stacklie, appellant, vs. St. Paul ft Dv
i tutb Railroad Company, respondent.
Manufacturer! and Jobbers
"Seal of Minnesota," "Aquilla3."
Cornish, Curtis & Greene Co..
Builders and Ouliltters of
Butter and Cheese Factories,
Creamery Machinery and Dairy Supplies,
Forri c ffi O u,wis.CoLSiXll]Qn(lßQ3]'3)|,
itt Pio-Epii Company
49 East Fourth Street.
Photo and Wood Engraving.
Bsnty Bftboock, Uaoagei:
Dealer iv Flour, Grain & Mill Feel
St. Paul Furniture Co.,
Designers ana Manufacturers
Walter A, Wood Harvester Co.
Factory Hazel Park.
Harvesters £ Binders,! Casion
.. . r> , Malleable
Mowers and Rakes. | work.
Held, that the evidence establishes the con
tributory negligence of the plaintiff in this
case as a matter of law. Judgment affirmed.
—Start, C. J.
D. M. Osborne & Co., a corporation, re
spondent, vs. C. V. Waller et al., defend
ants; John W. Larson, appellant.
The defendant Wits sued as a guarantor on
two promissory notes and answered (1) that
the time of payment had been extended with
out his consent or knowledge. (2) • that the
notes had been paid.
Held, that the defenses were not inconsist
ent, and that It was error to compel the de
fendant to elect which one he would rely
upon. Order reversed. —Start, C. J.
Orrin Kipp, appellant, vs. Peter J. Johnson,
1. The right of redemption from a tax
sale and the notice of the expiration thereof
niust be governed by the law in force at the
date of the sale.
2. A tsx ssle v/as made in ISS4: the notice
of the expiration of the redemption stated
that the time would expire "sixty days after
service of this notice and prcof thereof haa
been filed;" instead of "sixty days after ser
vice of this notice." as requ.ied by tho
statute in force when the sale was made.
Held, that the notice was void. Judgment
reversed. — Start, C. J.
And Visit the Honse of t;ie Good
Attorney Butts made his opening address
to the jury in the fourth trial of the case of
Selina Clewett against the Hcuse of the
Good Shppherd yesterday afternoon.
The plaintiff was called to the stand, and
after a ftw preliminary questions Mr. Butts
asked permission to have the jury make an
inspection of the insti'.ution whe;e it is al
leged the plaintiff was detained r.j;ainst her
wiil. The court gave permissicu and the
jury and attorneys, the former in charge of
Deputy Sheriff Bott, visited the ins;itu;ijn.
The twelve good men and true who will lis
ten to the evidence, tt-e. arguments ut the at
torneys, the judge's charge, and then en
deavor to agrte on a \erdht. are:
John Dean, farmer, Kcse Town.
George Hess, luel dealer, 350 North Ex
chicge street.
Henry Koetz, mason, 1(15 Fremont street.
Frederick Gaul, painter, 1115 Mississippi
Henry F. Lange, bricklayer, 533 South Rob
ert street.
John R. Lesh, clerk, 230 Harrison avenue,
Ch;:rles W. Emmert, brewer. 257 B»orle
John Froemel, merchant tailor, 160 Ed
mund street.
Malcolm Mcßaln, carpenter, 412 Robert
John M. Hedlund, funlture finisher, 2:o}
Long avenue.
Henry S. Sternberg, clothier, 342 Gro/e
Frank A. Farley, agent, So 3 Margaret street.
The trial wi,l be resumed this morning.
Names of Mnny Delinquents Scran-li
es! Prom the List.
An adjourned meeting of the county com- j
missioners was held Monday nisht to consider !
the delinquent personal tax list, which had ;
been returned by Sheriff Wagener and to
strike oft' such names as in the opinion of I
the board it would be useless to eeoare jude- |
ments against.
March 1, IS3B, County Treasurer Elinund, !
as required by law, sent to the clerk of the
district court a list of those who had bven
ass-sscd for personal taxes for 1597, and had
failed to pay them. This list contained ::,;97
named, and for copying a section of the laws
on the bank and attaching the seal of the
court the clerk receives the sum of 25 emu
for er.ch name.
The liet is then turned over to the sheriff,
who notifies each person on tho list that un- !
les3 the amount'ls paid such property as ths:y
may have will be seized and sold. As a mat
ter of fact the sheriff does nothing of the :
kind, but he charges $1 eacn for personally
notifying tha delinquent tax payers, and then
sends the lists back to the county commit- I
The county commissioners under the liw
are then allowed to strike, from the lists such
names as they think It would he usele-s to se
cure judgments against. Mayor Kitfer statel
last evening that it would be a capital idea
to have the commissioners do the striking oil
before the lUU went to the clerk of courts. ;
and the sheriff aa it would save the ceuntv !
considerable money.
The point of this suggestion can bo appre- !
ciated when it is known that after the liars :
have gene through the hands of th» clerk of
the courts and sheriff the county commission- '
ers strike off all the nimra of delinquent tax :
payers where the amount is less than $.1.
The delinquent list now Derore the commis- '
sioners hag 3,297 names on It. TVhen the b-ard I
adjourned lust evening the first three assess
matt districts, containing 1,147 names, ha' 7
been gone over by tlffe beard, and 4Si! names '
stricken off.
Nine-tenths of this number came within the
resolution adopted by the board providing that
all those cases In which the amounts^ wsre i
less than $:{ be eliminated. The other names i
stricken were those of persons who were '
known to the members of the board to bo I
either dead or In such a financial condition I
that it would he a waste of money to proceed
against In the way of judgments.
The board will resume labors in the striking
oft line Monday evening at 7:30 o'clock.
When sweethearts go to sec the boys
Who face the shot and shell,
'Tis plain the men who shoulder arms
Can shoulder heads as well.
Bears the 1 Kind You Have AUvavs Bought
Signature ST? //-?/?. 1^""
Union Mattress Company,
Mattresses, Wovan Wire Matlrassai,
Cots, Crib 3. Cradles, Iran Bed?,
Children's Folding Beds, Fen.therx
17 Kant Third Street, St. Paul.
Kestlon. An excellent blood Puriaer
For sale by druggists and de.ilers
P. MMoa. . . Fro ,, ri3t^
— W
Manufacturers and Jobbers of
Men's Furnishing Goods,
ccfe e b^ f d lhe "Summit Shirt."
Lion Brand fjoas2 Paint,
A 1 coeds used by pointers.
Towle's Log Cabin
Maple Syrup
ALtoiuiely pure and full measure.
TheTowfe Maple Syrup Company
Fairfax, Vt 3L ault Mllln
Bonn Manufacturing Ca.,
Manufacture rsof
Fine Interior Finish, Sash, Doar*
and Blinds, Boxes ani Kiln-
Dried Hardwoo 1 Lumber.
Quinn Refrigsrator and Frsazjr
TUB Home & Danz Co.,
HlifllMt) LOD PIS.
We sell to Jobbers only. Specify
our Tinware and you get the BEST.
Syndicate Offer* to Take the Entire
Issue of IjyiOO.OOO.OOO, or Sut-h
Part Thereof ns Is Rod Secured
by Popular Subscription Treii*
ury Deparaneni Pronounces the
Spirit Shown I'rai tewor(li> .
WASHINGTON, June 15. — If trure
i was ever any question about the sue-
I cess of the new 3 per cent war loan
; it has been set at rest by the way in
j which subscriptions are already begin
i ning to come in at the treasury depart
ment. The assurance of the- success
; of the loan has been made absolutely
; certain by two propositions, each coy-
I erir.g the entire present issue of 1200 -
000,000. The subscription of the Na
j tional City bank, the Central Trust
, company and Vermilye & Co.. made
j the day (he loan was opened was for
! any part of the total issue that shou'd
| not be taken by the public. Anofßer
! proposal was formulated tl»> same day
i covering the entire amount. It came
i from J. Pierpont Morgan, and a num
| ber of associates.
The treasury department regards the
I spirit shown in that proposition as
| particularly praiseworthy. It is set
! forth in a preamble to the proposition,
■ ar.d says:
Whereas it is the opinion of the under
signed that the amount offered will bo largely
over-subscribed, it 13 essential that the w ild
i should be sssuivj of the absolute unqualin d
I suce-ss of the i?sue by an advance siihscrio
tion of the entire amount, and
Whereas, In the opinion of the u-.d rs:gned
! for the purpose of carrying cut these ends a
| syndicate shculd be formed who shall agres
j in advance to subscribe ac par for tho whole
amount of such issue, two hundred milltoni
>,C 00) or such part thereof as may not
; be subscribed for by the genersl public. Now
i therefore, we, the underslgr.id, agree to ac
, eept firm participation in any such syndicate
to 'ho extent of th? amounts set ax^.ins' our
By this preamble the subscribers ex
press the opinion that the loan will be"
subscribed for independently of Khia
action on their part, and beside they
have no wi.-h to interfere in any way
with the popular character of the loan
as Orsired by congress and thf adminis
tration, their only desire is that, with
out any delay whatever, tiu> govern
ment should be assure*! of the full
amount asked fur.
The subscribers to the syndicate are
as follows:
J. P. Morgan & Co., of New York..?
Harvey Fisk A Suns, of New York.. 20.00 i
First National Hank of New York.. 2), i 0,000
-Mutual Life Insurance co-nrany. of
New York .' •>
Kidder, Peabody & Co.. of Boston.. 2J.0W.000
Unirrd States Trust company, cf
New York i
Drexel £ Co.. of Philadelphia ■•
A. R^lmort & Co.. oi N.-w York i
Kuhn, !„■, h <V: Co., of New Ycrk.... 1
National Park bank, of Xrw York.. 1
National Hank of Commerce, of New
Ycrk i
American Exchange National bank.
of New York i
First Notional bank, of Cincinnati.. Id
The Philadelphia National bank, of
Philadelphia 10.00), 000
The Pennsylvania Company for In
surance on Lives arid Granting An
nuities, Philadelphia lO.OCfcflM
On behalf of such syndicate we there
fora subscribe at par for the whole
amount of such issue, say two huxtdred
million ($200,000,000), or such part there
of as may not !>e subscribed by the
geneial public.
Mayor Kiefer (ull.i Attention to
sluyor Smith's Order.
The police department was notified yester
day by Mayor Kle:er that the order i.-sued
many months ago, rflating to the s;.lt
toxicatlng liquors to minors was not to bo
"A good many grod people -are Interested
In the enforcement of the ordinance prohib
iting the sa!a c;f liquur t3 minors, " said
TAnyp- Kicfer. "I have Issued no Hfw order
to the police, but simply called the attention
of the officers of the department to the order
made long ago touching the question."
Tftko Laxative Bromo Qutnlnc Tablets. All
druggists refund money if it faila to cure. 23c.
Tbe genuine has L. B. Q. on each tablet.

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