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The Saint Paul globe. (St. Paul, Minn.) 1896-1905, December 15, 1900, Image 12

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

Persistent link: https://chroniclingamerica.loc.gov/lccn/sn90059523/1900-12-15/ed-1/seq-12/

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PRICE BAKING POWDER CO- - =•«-». «.__,_._
CHICAGO.
In Labor's Field.
The Trades and Labor assembly met
last night with President Henry Gies? Jr.
Ip the chair, when. the following creden
tials ' were presented: CigarmakertV F.
Huffman: Painters, M. Rosness; Typo
graphical Union No. 3, J. N. Christie;
Leatherworkers, F. M. Merth; Steam En
gineers, <>. S. Chrysler; Iron Mollers, S.
Feehan; Press Feeders, F. Schaufef and
J. Brickner; Patternmak?is, P. Roehnesa;
Hack Drivers, P. McDonald, and Horie
shoers, C. Buerman. A donation of $10
was made to the Associate Charities and
$5 to the striking weavers of Jamestown,
N. Y. M. M. Mathews was indorsed for
the position of chief engineer at the can
itol; VV 1-:. Footner, for boiler inspector
for this district, and, E. B. Lott, for labor
commissioner. The* legislative committee*
reported that tin v had a number of bids
in the interest of laboring m n ucder
consideration, which, would be introduced
at th.-' next meeting of the legislature.
The Engineers' union reported a grirv
rtnee against the Towle Syrup company,
which was referred to the grievance com
mitt* A committee composed of ■'. Me-'
Cool. M. Winkle. J. L. Gekie, F. W. Mar
tin and John (Jammings was appointed to
assist tin taiiois in strengthen'l.g th.'.r
union. At the suggestion of the Team
Drivers' union the press and council com
mittee was instructed to press in the
common council a resolution for the em
ployment of only St. Paul workmen in
all city work.
>-- -it.-*-* ire CMS Ten ..*!■ I.
The Painters' union held a meeting [list ,
night with President Douglass In the ,
chair, when the application for membrr- I
ship by Charles Franceen was referred i
to the examining committee. A commit
tee was appointed to examine into the
condition of 11. Kimball, who was report
ed a-_ being sick. Tonight the painters
expect to have "the time of their live -,"
as fully 200 will go to Minneapolis.-, where
they will lie the guests of the .Minneapolis
Painters' union. The entertainment wfiT
take place in Normandy hall, Twelfth
■■_■_. " ——- I
Tot Reliable Groceries gD t.»
Main Store, Seventh and Broadway.
Phone. Main 1257 and Main lU"4>.
Branch Store, Seventh and St. Peter.
Phone Main HISS.
Quality. Quantity and right prices at
BCHOCH'S. _
PRECES FOR SATURDAY.
TURKEYS, inn
FANCY, DRY PICKED, ] I!|j
Per poind » W'
Chickens, per lb Sc
Spring Ducks, per lb ;— Mc
Sweet Potatoes, 8 pound- ?,..... :'">c
Hubbard Squash, each .... . : So
Quart bottle Vermont Maple Syrup., 35c
Buckwheat, new and pure, 10 pounds 25c
Bakery Ginger Snaps, warm from
our ovens.while the iot lasts, ior lb 5c
Doughnuts, fresh, home-made, per
dozen iv>
Buns, fresh, home-made, per do*_;c-n.. .c
Cigars—For Saturday we offer the
celebrated "NORMA," regular 2 for
25c, at ;n--
The "Tamporica." at ... Ie
25 Celebrated Jackson Square at.. 90c
Use Schoch's Golden Thread Sauerkraut.
CfnjlF Schoch's XXXX first patent. "Dees more
I IUUIi and costs less." Price per C^ OC
98-!b.sack VfltlO
XMAS TREES AXD TRIMMiXGS.
Xmas Candy—Our own.make ot delicious
sweets at manufacturer's '-prices.
Fine Bananas, per dozen (not frost
ed) 52 and ipe
Oranges, Floridas, per dozen £0c
California Seedlings, per dozen i^c
California Sweets, per dozen 'Sc
Chestnuts, ". pounds ... 1T,..
.Whitefish. fresh smoked, l pour,.ls 27.2
Pickerel, P 'j n d -. 6c
Oysters, standards, per quart- 30c
Oysters.' solid meats— quart
makes two") ..' .[Q c
Apricots, 3 pounds, evaporated 25c
Bweet Chocolate, two packages &c
French Prunes; four pounds .... &■■
, A fresh, car of "Jew Hampshire Bald
wins. Greenings and Spies. '
Aprl.s, o% p^22 c2 ha 2::: $2.25
English Walnuts; per lb 1.- c
Schoch's Special Mixed Candy, p_*r lb 12
Old Time Mixed Candy, per lb " _ c
Celery, extra fine, per bunch.!.......! 2v
Poultry—Turkeys, fancy dry pießed
Ib * ' ' lfc
COFFEES -Our private growth Java
and Arabian Mocha, per pound. 40c
Our best Java and Mocha, per pound 35c
3 pounds for ' jl.uo
Try our COMBINATION, per 1b..'...'. ? 30c
TEAS—Exfra Bine .sup-dried Japan'
Ceylon. Oolong and English Ereak-
rast; reguiar 60c quality. Our price sic
Choice Japan; English Breakfast.... 35c
Old Dominion Package Tea, per pack <>5c
BAIHY AfiEß PROViSrONS,
Fine Tabic Butter, per lb ...'..". 7; c
5-lb. jars Dairy Butter, per pound, ' '
._ .. ]s ''- *-'"('- "2c
Ron and Print Butter, fresh, per lit. :;.' C
B-lb- jars Choice Creamery! Butter
V?r lb ..;. ;;■ ,-
Full Cream Cheese, per lb ...'.... ]] c
Fiomage de Brie, per cake. [ 20c
i nit! SIM teff in,
. The Northwest's Creates: Or.;;:/ StVri'j,
7th a*. il rood way. 7<li _fc St. Peter.
- Absolutely Reliable Grocers.
avenue and Third street. Special cars for
the trip will leave -the Ryan hotel at i*:3o
p. m. Members of the union who propose
attending will-meet. at Assembly hall at
7:15; p." m. Receipts, $13; disbursements,
'"-'"• ': - A
Steamjit.ter.tjAre Bust-
The. Steam'itters had a well attended
meeting last night in* Assembly hall,
when Max Johnson occupied the chair, in
the absence of the. president.
Business was of a routine character,
and matters of importance to me union
were discussed., when it was decided that
with the coming year more interest would
be taken in the union, with a view of
making the coming year a -progressive
cr.e. Business was reported good. Re
ceipts $9, disbursements S3. -• -
Allied Printing Trades.
At the last meeting of the Allied Print
ing Trades council the only business
transacted was the issuance of a call for
a joint meeting of the seven unions rep
resented in the council on Thursday, Dec.
20, at 7:30 p. m.. at Assembly hall, for
the purpose of adopting anew constitu
tion of the council. A full representa
tion of th( crafts interested is desired.
LABOR XOTES.
Th< iron Moulders' union holds a meet
ing tonight in Assembly hall. ■_» .
..The . second annual ball of the Box
Makers' and Nailer.-; will be held tonight
in Assembly uali.
A committee rf the Plumbers' union
held a ,mecti!i{v«i_!t .night,; win matters
of interests to the union were discussed.
The next regular meeting will lx held
Friday evening, Dec. 21. instead of Tues
day. Christmas day.
The Bindery Girls' union held a card
party and a dance in the Odd fellows'
hall last night, which was greatly enjoy
. d by all who were present. A
LETTERS FHOM PROF. SMITH.
Prof. A. J. Smith, former superintend
ent of St. Paul schools, who is spending
the white!* iii Chicago, will write a se
ries of letters, to tin Globe about the
school system of thru City. "The first if
Pfof. Smith'- . i:.!_..:r_. v, hi appear- tomor
row, and it treats critically but enter
tainingly"'6f a letter by Prof. Draper, of
the Illinois- university, on the subject
.which the professor will discuss. .
MAY DIVIDE POLK COUNTY
HE'S OF M'lV-'asil I ll,i_ A PETITION
Vl' CAPITOL.
A petition was filed with t.jo secretary
of state yesterday afternoon -for a divi
sion of Polk county. Tho petition had
1.800 signers, and it was presented by A.
T. Lanman. of ..Mcintosh, Polk county.
The petition will have to be approved
by the. governor, .. the -secretary of state
and the state auditor. It will then be
necessary to vole on it In Polk county
in 1902. The people in the county want
the division to be made through range 14,
thus placing eighteen .townships in the
proposed new* county. •
:A:'.y ;' - _a», .-. .-- .
The Throng,}.
Of delighted piano buyers that are se
lecting choice pianos for* holiday gifts in
crease daily. -New shipments arriving
every day ,keep our great stock in -h ■
"pink of condition.'.; What' have yr*u
selected? Steinway, Kna.be, Kranich &
Bach, Ivers & Pond and many others
from which to choose. Not a taste n*-e-l
go ungratified. W. J. Dyer & Bro , Dyer
building. . .... „,, .._'■' - -
PROTEST IS VERY PROBABLE.
Objection to Re Made to Empire
| ThV.-iter I,icons,..
A delegation of citizens and ministers
are scheduled to attend the license com
mittee meeting of the -assembly, to be
held Monday afternoon, at which time a
protest, it is said, will be lodged against
the granting of a concert hall license to
Ella Weinholzer, proprietor of the Em
pile theater. " __„,-.
The license was favorably parsed upon
by the board of aldermeit some weeks
ago. The opposition is principally di
rected at the serving of beer in the con
cert hall, something .at. present .lon.. in
every concert hall in the city. The license
costs ?50 a year. ... ••
ALL WERE HE-ELECTED.
Summit Lodge of >t**s,mis Have Con
fide, it*.* in Present Officers.
At the annual meeliflg oi the Summit
lodge of Masons, held at their hall rd-'
Laurel avenue, last evening the old'offi
cers were re-elected as follows: W M
H. M. Tusler S \\\. C. E. Riggs; J. \V
... T. Christlson; secretary, R. 1-s Ware
treasurer, W. A. Frost.
In ponnectiftp with the meeting the an
nual reports, of the secretary and treas
urer were read.
Insists That City Shall Pay. "
Henry Lange, of St. Peter street,
threatens to make trouble for the com
mittee on claims of the board of alder
men if -hey do not pay a small bill that
was turned down a. the '■••'meeting hid
J nursday noon. ' . .'-..
- to- th,- election h's store room on
St. Peter Slf eet was. selected for a voting
booth and the material necessary, includ.
ing- a stove, installed: It. was never used
however, but-- Mr. Lange *"?larms that" he
is entitled to pay just the same, as the
material was not removed until after th*
election. . . - . -^ ■'■." A
Say They Will Leave Town.
By a promise exacted by Dr. Ohage the
band ot' «-vKS'e? Who have been holding
forth on the West side the past week will
ehake „ . flusl -of St - Paul from m*
feet by Monday evening.
r/i* t —r""*- — ——
Police Commission Meets Today
An adjourned meeting of th., hoard of
police- commissioners will be held this
arternoon at i o'clock at the city hall.
THE ST.: PAUL GLOBE, SATURDAY DECEMBER 15, 1900.
2_* flaw*
mptoves the flavor
and adds to the health
fulness of the food.
Note.—There are imitation baking powders, sold cheap,
by many grocers. They are made from alum, a poison
ous drug, which renders tlie food injurious to' health.
1 I m I IDS!?
INTERESTING PGiIXT RAISED IN A
FIRE IXSIRAXCE
CASE
HOW CLAIM SHOULD BE FILED
Question Is, Is It Xeeessnry to
State Amount of Loss 'When
Filing; Demand for
Insurance.
An interesting question in law was
brought up before Judge .laggard in the
district court yesterday afternoon in the
case of Emile De Raiche against the
Liverpool, London _•_. Globe Insurance
company. The plaintiff conducted a store
at 2122 Fourth avenue south, Minneapolis,
upon which he held an insurance policy
for $1,000 in the defendant company. His
store was partially destroyed by, fire on
July 30 last, and, as he claims, he noti
fied the company of the fact. They were,
however, .unable to come to tin agreement
and De Raiche brought an action against
the company to collect damages in- the
sum of $1,000 and interest.
When the case-was being- tried yesterday
afternoon, Douglas Fisk, attorney for the
defendant, objected to the plaintiff intro
ducing certain evidence in regard to the
loss on the ground that he had not com
plied with the law in sending in a. writ
ten statement of his loss. This brought
I up the question as" to what is necessary,
! under the Minnesota insurance law of
1895, for the insured to do, in the matter
, of. submitting proof of loss. Mr. Fisk
] contended that it is necessary for the
[ insured to state in his proof of claim,
! the amount of his loss, which he claimed
! was not done in this case. Attorney
Louis Frankel, for the plaintiff, however, -
j claimed that his client had complied
j with the law in every way necessary in
j filing a proof of claim. Judge Jaggard |
: took the question under advisement un
i til Monday morning.
This is a point that has never before !
j been decided, and a.decision thereon will
; be awaited with interest by insurance
j companies.
TO BE CERTIFIED FOR CONTEMPT.
Snow* Bmikniittcy Proceedings
Have Reached Interesting Stage.
The proceedings in the matter of the
bankruptcy petition of Walter E. Snow
are growing more interesting with every
move made. It will be remembered that
Snow recently filed a petition in bank
ruptcy, alleging that he had no assets,
and was even unable to pay the $25 re
quired for filin_r. v
At the first hearing before Referee M.
Doran Jr., it was disclosed by the cred
itors that the petitioner had a short time
previous received the sum" of S2.!iuo from
the estate^ of his mother. This money
was alleged to have been made over to
his wife. The disclosure caused the re
feree to announce that he intended to
bring the matter to the notice of the
grand jury, on the ground that Snow had
wrongfully made the '-poor man's oath"
in filing his schedule. •-;" ,'7
Mr. |D6ran then issued an order re
quiring Mrs. Snow to turn her property
over into the custody of the court.
Through her counsel she appeared Thurs
day and questioned the jurisdiction of the
referee. The lawyer argued that the re
feree could not issue a summary order,
as Mrs. Snow was not a party to the
proceedings.
The next step was a declaration on the
part of the referee to the effect that he
would certify Mrs. Snow for contempt of
court.
Verdict for the Defendant.
Judge Kelly Instructed the jury in the
personal injury case of Edward' O'Hara
against the. H. I._ Collins comnany, to
bring in a verdict for the defendant yes-
CHILDREN SHOWED IT. :
____'
Kffeet of Their Warn Drink in the
'Morning?.
"A year ago I was a wreck from coffee
drinking and was on the point of giving
up my position in the school room 'be
cause of my excessive nervousness.
"I was telling a friend about it, and
she said, 'We drink nothing: at meal time
but Ppstum Food Coffee, and it is such
a comfort to have something we "can en
joy drinking with the children.'
"I was astonished that she would allow
the children to drink any kind of coffee.
but she said Postum was the mest health
ful drink in the world for children as
well as for older ones, and that the con
dition of both the children and adults
showed that to be. a fact. ,Ay
"Just a little thought convinced me
that one ehou'd.r.ot take a stimulant such
as coffee, but really should have the best
food to nourish the brain and nerves
and that nourishment was found in
Postum. . ;
"My first tiial was a failure. The cook
boiled it four or five mii\utes and it
tasted so fiat that 1 was In despair but
determined to give it one more "trial
This time we followed the directions, and
boiled it fifteen minutes*- after the boiling
began, It was, a decided success, and
I was completely won by its rich, deli
cious flavor. In a short tim.? 1 noticed
a, decided improvement in an- condition
and kepi growing better and better'
month after month, until now I am per
fectly healthy, and do my work in ' the
schcol room with ease and pleasure. I
would not return to the' nerve-destroyin°
regular coffee for any money."—F. Scotf
Wai i Mo.
tenia afternoon. O'Hara, brought the
action to recover $7,500 damages for in
juries to his right hand,, alleged to have
been sustained while operating a defect
ive embossing press.
BOTH MOTIONS WERE LOST.
■.■ v y
County Treasurer Vainly Seeks
Judgment From Two Corporations.
The motion of the county treasurer for
judgment for delinquent personal taxes
in the sum ot ?379,20 against the St. Paul
Suburban Railroad company, was denied
by Judge JaggareL in the district court
yesterday. The company put up the de
fense that it sold its plant to the Minne
apolis Suburban-Railroad company prior
to May 1, 1899.
The court also rendered a decision in
the proceedings, begun by the county
treasurer tn enforce tee col!e:t'on of taxes
on the stock of the defunct St. Paul
Savings bank. In giving the verbal de
cision from the- bench, the court said:
"In the matter of the savings bank
cases, the. court: has concluded that the
stock may have a value, although that
bank be at the time absolutely insol
vent. In this ruling the court does not
regard the value of the stock as affected
by the subsequent insolvency of the bank
but on the testimony-in this particular
case the court is inclined to think that
the application 'for judgment should be
denied because oft the testimony as to the
value of the stock May 1."
BAR BILL TOO LARGE.
Krag.li Suss for an • Overcharge i»
Booze Account.
Alex. AY. Kragh alleges that he wet
! to the Commercial hotel, Third and Sib
ley streets, about two months ago and
deposited; in the hotel safe, a draft for
5f0i>.63. Luring the first three days of
ms stay he spent money freely at the
hotel bar. At this time Rasmus* Hansen,
the hotel proprietor, was away. On hi*
return he cashed Cragh's draft and re
turned him but 8400;' claiming that Kragh
had spent the rest at the bar.
The latter .claims., that he'- spent only
$75 and has brought' suit against Hansen
for the difference of -? 187.fi.?. The case
i will be heard in the municipal -court
IX HUBS OF RECEIVER.
Proceedings Instituted to Reorgan
i ise Minnesota' 1 'Flu-.-shej* jCoinpaiiy;
The Minnesota Thresher Manufacturing
company, a we'll- known and long estab
lished Stillwater, corporation, has passed
into the hands of a receiver-, .fudge
Lochren having., yesterday signed an
order appointing. E. l.». Butftngtoh to act
in that capacity.
.The action which resulted in this ste-i
was brought by the Massachusetts Lean
& Trust company, on a trust de?d, se
curing the issue of bonds to the amount
of $1,600,00,.
The defendant company paid ■ $1,108,00)
on this obligation, defaulting $492,001 L
is Lie Intention to continue the business
as before, and the property will be re.
organized and placed on a 'firm financial
basis.
GOES TO. JURY TODAY.
j Buxton's Action.:for Damages Will,
Be Coot-laded Today.
The personal.! injury suit of A. M.
i Buxton against the Eastern Railway of
I Minnesota, is still; on trial before Judge
J Lewis, and a jury in the district court.
; Court adjourned yesterday afternoon cut l
I 9 o'clock this morning, when the case will
be given to the. jury. Buxton claims to
have lost his arm by being shaken off
from the top of a freight car, while
: employed by defendant company a?, a
, brakeman. Two very important questions
! m the ease are. the speed with which
I the train approached the Northern Pa
| cific crossing-, at .Coon Creek, where the
; accident is alleged to have happen id and
j the manner in which the air brakes were
I applied. <-i. - .'-";.--._*-
Hart .Through a Fall.
The personal injury case of Margaret
Shaw against the city is till on trial
before Judge Brill and. a jury in the
district court. Plaintiff is suing to recover
$10,000 damages for personal injuries al
leged to have been received by a fall
on a slippery sidewalk, on Seventh street
near the alley in th rear of Mfchdud's
store, last winter. The jury was instruct
ed by Judge Brill that- it was not at
liberty.to visit the locality of the alleged
fall, unless so directed by the court
Plaintiff Did Xot .Appear.
The case of Annie Everson against John
Mc-Guire and Theresa McGuire, an action
to recover $2,001 for alleged slander, was
dismissed for want-of prosecution The
matter came up before Judge Kelly.
Haas Case Is Continued.
The examination in supplementary pro
ceedings, of Building Inspector Samuel
H. Haas, ,? connection with a judgment
for $-'..0 held against him by ,1 D. O'BrLn
was continued yesterday * for one week!
by Referee Farnnam.
SON WAS A PRIEST'HERE.
John T. Gler.soni, Who Hied Yester
day- in Minneapolis.
John T. Gieason, who died "at. noon
Thursday at his home, 172S Fourth ave
nue south, Minneapolis, was the father
of Rev. J. F. Gieason,-who was for two
- years assistant ■. pastor at St. Joseph's
church,. St. Paul. Mr. Gieason was sixty
seven years of*age. He is survived by
his wife, seven/sons and -two daughters
lie was born in County .Limerick, Ire
land, and came to America in 1845 While
a.young man, he was a machinist in
Lowell. Alas:-., .and later in life dealt
in real estate.- .Lie was a. soldier in the
Civil war, going with Hatch's battalion,
Company G, and; has been an active mem
ber of Morgan poet, Minneapolis
The funeral will,-.be held a: 10 o'clock
today at St. Stephen's church, Minneap
olis.
M .eliiiie to Test Cement.
:_'A new arrangement for the testing of
cement for paving purposes has been add
ed to the equipment in the engineering
department at the city hall./
The machine, which is not unlike an
ordinary wash- boiler, determines the
amount of heat, that the cement under
test can stand. A lighted gas jet fur
nishes. the heat, it being applied until the
, cement cracks.. *• „ ;_
% *
fiIISJISIE.
: ,v777> 7 v. 7:7 v- ■'-■ 7
SUPREME COURT SUSTAINS THE
• LOWER TRIBUNAL, IX ITS
FINDINGS 7 "
BARBER. SCHOOL'S STATUS
jit Is Fixed by the Supreme Court.
Which ' Holds \i Responsible
for Provable I):_m
ages Only,
The supreme court handed down a num
ber of decisions yesterday afternoon,
only one of which reversed the . lower
court. ' ' - . 77777
In the case of Andrew G. Erickson,
as administrator-of the estate of Anna
Charlotte Erickson, appellant, against
the Great Northern railway, it was held
that the plaintiff could not recover for
the, loss of his child burned to death
while playing on defendant's right of way.
Following- is the syllabus:
Andrew G. Erickson, as administrator cf
the estate of Charlotte Erickson,
appellant, vs. Great Northern Railway
company, respondent.
The defendant set lire, to stumps and
rubbish on - its right of wav, and the
plaintiff's intestate, a child of four years
old, went to the fire and while Splaying
with it she was burned so that she died.
This action was brought to recover dam
ages for her death "on the ground that
the right of way was not fenced and
also on the ground that the defendant
left the fire ungualded. Hell:
That the complaint does not allege any
facts showing that the child went upon
the right of way at any point which
it is alleged was unfenced, or at any point
which the defendant might lawfully nave
protected by a fence.
That as a ge'nral rule, the doctrine of
Kecfe vs. Ry. Co., 21 Minn., 206.' should
be limited in it.*, application to cases of
attractive and dangerous machinery and
to. other similar cas_*s when the danger
*S latent.
That the defendant was not bound to
exercise due care to so guard the lire
on its right of way that children intrud
ing thereon could not come in dangerous
contact with the Ore though induced so
to do by its activeness, order affirmed
Start, C. J.
Joi. Klein, John B. Herman and \\'m
behnorstein, respondents, vs. Wilhel
mine Funk, appellant.
This is an action on the defendant's
promissory note transferred to the plain
tiffs, by authority of the board of direc
tors of a corporation, of which they were
members, to indemnify them for signing
, its bond as sureties, in which it is held*
That it was competent for the plaintiffs
to show that they signed the ' bond in
I consideration of the transfer of the note
to them as indemnity, although the facts
as to the transaction were not alleged in
the complaint.
That the defendant was entitled to raise
the question whether such transfer was
j voidable as to the corporation or its cred
itors or whether the plaintiffs held the
legal title to the note in trust for others.
That, upon the undisputed evidence it
I was correctly held by the trial court that
the plaintiffs were the legal owners cf
the note and were entitled to maintain
this action therein, although they have
not paid anything upon the bond."
That the trial court did not err in al
lowing the plaintiffs to amend their re
ply. . --:' .'-'•'
Where, as in this case the trial court
oroers a verdict based upon, the entire
j evidence, the whole of such evidence must
I be incorporated in a settled case, or this
| court will not review the order, following
I Board of Trustees v. Brown, 66 Mian"
210. Order affirmed. —Start, C J
Edward W. Vilett vs. Arthur B. Moler
uoing business as the Moler System of
Barber and Hair Dressing Colleges, and
D. Moler, Hants.
In an action to recover damaeres for
certain alleged* false and fraudulent rep
resentations made by the defendants to
induce the plaintiff to sign a contract as
to entering their barber's college and to
part with his money on the faith of -heir
representations; held:
That the rule of damage? in fffi action !
for false representations and deceit is th ■ !
natural and proximate loss thereby sus
tained by the plaintiff. fi ';.
That the amount of damages Hi. plain
tiff herein was entitled to. if he was en
titled to recover, was a question of fact,
and that the trial court erred in treating
it as a question of lav,- and instructing
the jury as to the items -of damages and
the amount thereof that must h<**
to the plaintiff if the verdict was for hi...
That the court did not err in receiving
receiving certain advertisements publish
ed by the defendants, and parol evidence
of representations made before the exe
cution of the contract. Nor in submitting
i.< the jury the question of the material
ity of the representations. Order re
versed and new trial granted.
—Start, C. J.
Gustavus Stevens, appellant, vs. W'.l _tan.
('. Stevens, respondent.
Where the case is tr'ed by the court
without a jury and there is neither a
settled case, nor a bill of exceptions, this
court will presume that the parties liti
gated by consent all matters of fact in
the findings, though some of the facts b ■
not within the issues made by the plead
ings. . - ■'.:-'.'•■ •
In the absence of a case or bill of
exceptions; this court cannot' rev'ew an
order denying a motion to amend the
findings of fact.
On an appeal from a judgment where
there is no case or bill of exceptions; the"
only question for review in this court i-,
whether the facts found support the con
clusions of law.
The facts found sustain the-conclusion
of law in this case. Judgment affirmed
—StarJ, C. J. '
Nancy A. Fish, respondent, vs. Chi-as-o,
St-. Paul & Kansas City Railway Com
pany., appellant.
Chapter 284, Laws of 1599, declaring the
I effect a. evidence of records, plats and
: surveys made by the engineering depart
! ment of municipalities of the state con
■ strued, and held:
That the act is valid, and applied to
i all actions, including those wholly be
; tween private parties and those pending
| at-the time it was enacted.
That the prima facie case made on th ■*
j trial of this action,, by . the introduction
j in evidence of such" records, plats and
! surveys, was not conclusively rebutted
I by other undisputed evidence, and that
! the trial court rightly granted a new
i trial herein. Order affirmed.
/AAyyA-. . -Start, C. J.
: Cora V. TerrylJ, respondent, vs. The City
of Faribault, appellant.
This is an action for damages caused
i by a defective .sidewalk. It f»*-">ears from
the allegations of the complaint that the
| plaintiff signed the notice and statement
of her claim with the initials of her dm?
--' band's, name, instead of . her own. Held,
' that the notice was prima facie suffi
cient. . Order affirmed. . —Start, C. J.
: •*»■—: -—
For a Cold in the Head
Laxative Bromo-Qainine Tablets.
VITAL STATISTICS.
MARRIAGE LICENSE.
Otto Rogers. Victoria Lefendahl.
BIRTHS.
Mrs. A. J. Dixon, St. Luke's hospital, boy.
I Mrs. .Wenzel Huebei. 200 Thirteenth, boy.
i Mrs. Fred Parker, 161 W. Third, boy.
[Mrs. R. Jurgenson, 593 Geranium, girl.
_ - DEATHS.
! H. Schweitzer, 52 yrs., city and county
- hospital:
1 Mrs. V. Jamar, 83 yrs.. 492 Dayton ;\e.
I Anna Brochman, IS yrs., Stillwater Road.
Bessie McNevin, 3 yrs.. 13 West Acker,
j Gust Olson, 40 yrs., Bethesda hospital.
ANNOUNCEMENTS.
NOTICE IS HEREBY GIVEN THAT
the regular annual meeting of the stock
holders of the Security Trust Co. will
be' held at its office in the New York
Life Building, St. Paul, Minnesota, on
Wednesday, the 26th day of December,
1900, at 2 o'clock p. m. Chas. D. Matte
son, Secretary. . ..
DEATHS
OLSON—In St. Paul, at Bethesda hospit
al, ; Dec. 12, 1900, Gust Olson, aged 40
years. Funeral from Thoorsell ._.
Thaung's undertaking rooms, I*7 Baal
Seventh-street, Sunday, Dec. 13, 1:30 p.
m. Members of Vasa Grove No. 24,
IL A. O. D.. are requested to meet at
Vasa hall, 12:30 p.' : m., to attend the
- funeral. • - '- - ,
*ccdeeko. Pre=ioventory Clothing Sale.
dSa% Its a matter ©f business
now to reduce this stock-and rf^k
--■->- Vi?W accept small profits. The mild weather has- jL^**! '
'r-**/^^^**' 7\ been against rapid selling, but there is a f$ • (V
jJ h^°G\2\ virtue in Iqw prices that will move any I S*\
">^^^^jp^^.y, goods. We will try it! Prices are not A] * IA)
r^^y^JL^,2f^ more than one-half or two-thirds what ex" /' §A • W
tit's a matter are asking' the Url^^J
now to reduce this stock and Jp|v
accept small profits. The mild weather has jL>=*_^v
been against rapid selling, but thers is a [I . l\
virtue in low prices that will move any I f\
goods. We will try it! Prices are not A] *X)
more than one-half or two-thirds what ex~ /' &\ « jf
elusive clothing stores are asking for the JJ'l J
PI E2 same garments.- Every mother in St: Paul S\\ j\f
rpa^ n» l,y .. should know that our stock of Boys' Cloth- -i saUi/
II /hi ing is always the best in the city for the V
111. Men's Suits and Overcoats —We ; m
Ij'Vf' list both lines in values up to $15 to go at
Jn (Tl »- one price. They are fine all-wool garments, nicely Aft 7E "
/tJ* vK " made and. finished and warranted in every way. \Oi J 0
•"■*: > • All sizes, 35 to 44, go in this sale at, choice \&Q
Young Hen's Long Pant Suits, war- Mens' Suits and Overcoats, a -'eel
ranted all-wool,- ages 14 to .19; hew line of values that have sold up to $10 ! '
stylish garments, actually (PC 7^ They are all-wool, the popular colors.'
worth up to $10.00, go in V-H-lO nicely tailored and well lined. Aft 7£
this sale at, per suit *g*J Sizes 35 to 44, choice for a \R, lU
Young Hen's Long Pant Suits, few da^ '' • VU
warranted all-wool, ages 14 to 19. These „ -, ... ... in M
are broken lots of values up Aft "7E Uo*ys -All-Wool Reefers, Chinchilla
to $6.50, marked down to, \ -Si IJ and Frieze* wool lining, ages 3to 16.
per suit tS il The same reefers that others Art QC
w advertise at $5.00. go in this \ 4. "3
Boys'All-Wool Caps and Toques, sale at |$*J, *f
about twenty-five dozen that have I ft n
been selling up to 45c, go on sale §Ub Boys' Knee Pant School Suits, in
for a few days at, choice , |U blue serges and mixtures, in all-wool ''.
r,„ »_- i . ._- -a textiles, ages 7to 16. For A A fMT
Boys' _ School Suits, all-wool, ages 7 this sale we include values V 9. 95 ,
,n 6'S hneS * °f values ©I AR UP t0 $6*oo at, choice $ J
up to $3.00, priced to close \liH, TT-T
out quickly, at,- choice |$ I
Boys' Knee Pant School Suits, all
Boys' Vestee "Suits, ages 3to 10, wool, in blues and mixtures, nicely tail
strictly, all-wool, well made, Aft fIC ored and well made, ages 7 Aft QE ]
, excellent values up to $5.00, \/. U J to 16. Values up to $5.00. 1,U3 '■
at.choice, per suit Wto at, choice. w/L
Childrens' Cape Overcoats, ages 3 Boys' Vestee Suits, fancy woo! I
to 8. We have about sixty in values up cheviots and worsteds, .ages 3to 10 •
to $5.00, which we price to Aft CO This sale takes in values Afl 7C
closßat, S_/'" up to $8.00. Your choice, \fl i|o *
choice $&&, persuit ". t^ af a •
-. ,
December,l4th to 16th, inclusive, the Burlington will sell round trip excursion
tickets at one fare to many Canadian cities, good to return until January 7th, 1901.
A few prominent points are: ••*•«.■'
London, Ont., $20.75 | Toronto, Ont., $23.90 | Montreal. Que., $27.50
.Hamilton, Ont., 23.03 | Kingston, Ont., 27.50 I Quebec, Que., 30.50
1 Inquire of City Ticket Agent for particulars.
Ticket Office, 400 Robert St. Telephone, Main 38,
I
Violins.
Copies of all the: great master?; any j i
size; .sixty different styles; prices, 93 h
cents to . ■!>;.. \Y. J. Dyer & Lire, Dyer • <
building. . . i
AMUSEMENTS. ;
EfiLlfay/lgLi lml I Lessee* Mumper. .j
MODJESKA. .
Accompanied by R. D. McLean and Odette Tyler i ]
SSiSESSZi Mary StssartW
yL^^3 Perforce KSSg J© | j
Tomorrow Night, Tim Murphy in "A Bachelor's *
- Romance." Dec, 20. 21. 22, "Shore Acres." *
M&t£?2G& I last time tonight ]
ftf "MAI'S ENEMY." :
2:3dio ■ |
Next Week—James Neill and the Incomparable ;
Neill Co. , .....;. *
STAR THEATER J—^||
■MkLL-tt/EEi-*. ■■'-' ? Matinee S i
MLL U/EEK, < Daily 5 <
HOS-C SYBELVS at 2-30. .
LONDON BELLES { 2 C*S - \ !
AND THE 5 mSSO ) <
Famous Nelson Sisters. < &gTj*% ( {
Next Week- > _____Tfiy«_r i : J
"Sheridan City Sports." . ft ©DO© (J ! <
' Curtain at Bp. m. ■ ■. . j i
a^cEtey TWO FREE LECTURES <
WdjP^i .„„; PEOPLE'S CHURCH .
9 Free Lecture by Mrs. O. S. Fowler, ■!
V; —^ "The Unveiling of the Covenant ;
and the Attributesof God in Man, " Dec. 1 7. 8 p. m..
to a!!. Phrenological examinations and health con
sultations daily at Windsor Hotel until Dec. 24.
Classes taught to cure disease by ' electricity, begin
ning Dec. 19, 2:30 and 7:30 p. m.' same day.
THE EMPIRE THEATER, | .
Corner Third and Wabasha.'
The American-European Novelty company,' just. .;
from Chicago, as.the chief attraction this week. '
77 A. WtINHOLZER. rianajer. '
« EMIL GEIST'S W22M .
JEWELRY STORE, A_V_«^^^^% j
62 East Seventh St.; n[>} ' uj
You Will Find W, 7/ £^_sNr_ _W •
r *^-7_____S* ' <
TE_B-___BSeSEjnisaßW ' i=H— . .
fMs%^M\ -7 Silverware from 7.
M^S ..- 25 s to $130 j «
mjfc* - 9~^.>lM locks from - 7 '; !
'fiMt. L^ffi *$t.00t05Q.Q3 | <
' mjkimm^ All Goods Warranted |.:
7^ Remember
yii Xmas is near. I
@ VARIGOGEL-E ©
We can cure these two afflictions In 5 days. Call i
or write. Consultation Free. Not a dollar need be j
paid unless cured. ' '
r_i_ine#ata State riedKyl inntitutJ.
Corner Fifth and Robert. - St. Paul, Mir.-. !
Bs.m.to Bp. in. ■ Sundays—9 a. m. to i p. n.
• •-RUPTURE^O.®
> " THE — S
N. W. LIFE ASS'N
< Of Minneapolis* t
<[ This Is a Home Institution* \
> A Minnesota Company* \
j Me Fay Our Claims Promptly and in Full."!:
| Over $1,200,000.00 to Bensteries. j
\ Business written to date this year Four I
and Cne-Hglf Millions. s
( DR. J. F. FORCE. JAMES QUIRK, , >
< 7" _ President. Treasurer. \
\ WALL. CAMPBELL, C. G. FORCE. I
> Vice President. Secretary. S
| 322-324 Hennepin Ay* ?
=5».'. -''
I 424 Wabasha Straal, 4
j ST. PAUL. [
> Tee in extracted positively without p.m. C
>No charge where other work 1. ordered, (
> Best teeth on Am. rubber. $8: gold caps or ( j
) cro-.vn.' $} 03: {.oil <
c — without pl.tei oir SB
I pecinlty. A protective Ku&raiiiee with a.i ) .
< work. Call and see specimens and get e;:i- /*,:.■' I
( mates free. )
OS. £. N. RAY, <
i 424 Wabasha St., Cor. E. 7t i l
s^~~ —^^~— |
— ' ~H
Ifs, 6asp U- , |
Or so a.week if you have 'soma place to put.*:
it. Open an account here. $1 is enough '
to start it. It'll gr.ow" surprisingly. Drav.-s
interest, too.
THE NORTHERN SAVINGS BANK, \
-.■■. Cor. Sixth and Minnesota Sts.
j
> NEW > prices reasonable] I
J fi 111 _TI S Get c*st3"2 tefora orJerir.-j.- > j
] IVIAHLt te^rr^n
<- ■..■■'-'. - < HAHLE WAGON CO. <, i.
> DcSivary > Bth & Oiive'£ts.,St Paul $ y
I SLEIGHS. JITFMpMsSJ'r
AMATEUR PHOTOGRAPHER?.
•' :cu LTe for paper plates or films L'n'vrrj i. i
I«^tic;t-r trd tlsc th* Oreen tlypj lixi^i |
Lctti rsda cn!y l*y
i.,/.^''*^ e i^^ s^^s^J^>' su: i ;:.-.)!.
i" itturemaki.-ir; will bs pi _1 -. -.sil: - > s.-. 1 •/-:_■ vjr;/ >
».iii be command* i. roraalstl on:/ .</ Jaj .
lie United :-.i:;_. '77
BROWK'S GAPSULEsS.^BSv':|

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