The Saint Paul globe., January 03, 1901, Page 6, Image 6

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

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

                
13
IE W IK II!
JUDGE I. in IIIIIIV PILES HIS DECIS
IO.\ IS A SUIT IKVOIiVIXG
MII,I.IO\S
30TH SIDES HAVE RIGHTS
TcloKravli Company Owiik tlie Lines,
Poles, Etc., Subject to <lrig'-
Innl &creemen( With
the Railroad.
Judge Locuren, of the United Stales
circuit < ourt yesterday Hied his decision
in the long fought case of the St. Paul,
, Minneapolis & Manitoba Railway com
pany (now the Great Northern) aca'nst
the Western Union Telegraph company
a.nd the Northwestern Telegraph com
pany. The question in the case involved
the ownership of Tup telegraph system
alone tbe complainant company's rail
way.
Jud^e Lochren delivered a lengthy oral
decision from the bench. The be-'t of
the decision is as follows:
United Sta.t<-3 Clrcu!t Court Distill W
Minnesota—Third Division. In Equity.
The St. Paul, Minneapolis & Manitoba
Railway Company vs. The Western
Vnion Telegraph Company et al. O.ij
inal BUL
The Western Union Telegraph Company
vs>. The St. Paul. .Minneapolis Man
itoba Railway Company et at »
The Northwestern Telegraph Company
■ vs. The St. Paul. Minneapolis & Man -
tuba Railway Company et al™ Cross
Bill.
Ijoohren." J. illy): Thi3 is an impor
tant case, in\v«>'-i:s- a large ammnt of
property and valuable interests. I should
be glad, if I bad the time,to take the case
under advisement, and examine tbo c.m
tracts carefully and the evident o, and
the cases which have been referred to by
counsel, and those on their biie:s, which
for wan) 01! time have not b en .•■! . r ii
to In the argument. !>ut, ihu.'iileasurc o
business upon me Is such dial I cannct
in Justice to other matters Rive to tae
case the time 1 would be glad to give to
it. 1 apprehend th( re is less necessity
for ihis, because on account of, the large
interests involved,my decision will doubt-*
less be reviewed by -udges who will have
the win to give it more careful consid
eration. :
1 Win :;;:v. however; that the cas.- has
Jie^n carefully and fully argued l>.. coun
sel,T,able counsel on bothi-tile?; acd 1
am, perhaps, as well able '.to. "determine it
now, as J shall be If 1 give to it turJier
time. ■'• %-
Th. < ucstion is as to which company i
-11 the present time the owner of the
telegraph system and appliances, includ
ing the telgraph right-of-way along. th«
rail-way of the complainant company i.i
the ftate of Minnesota and webtward to
the Pacific coast Ard -this -rt'penis
main!" upon the contracts whi:h hay«
been produced In evidence. There is con
siderable testimony in the ease, l judge,
from the punted books, which has not
been brought to my attention; very likely
because it Is deemed immaterial, or that
tin- lacts which are proven by the evi
dence have ceased to be matters oil dl:
--putc between counsel.
The complainants rights relate back to
the rights deiived from the land grant
act of congress of March 3, 1857, and the
::ci of The legislature of the state of Mln
■nesota incorporating tha- Minnesota &
Paoittc Railroad company v.hieh save it
a part of that land grant. The name of
that railroad was subsequently changed \
to th.- St. Paul .v Pacific l'.ailrcad com- :
pany, and somewhere about flu year '
3SW, the First division of the Sr.-Paul &-.
Pacific company was formed and through
a mortgage made by one of the last two
named companies, and its foreclosure, the
1 it'-c '-2 '.lie v&HvoaJ. company and its
franchises passed to the present com
plainant
These charter provisions gave the rail
way company not only ♦'"-■power *"-, 1"'."-J
_iin«V- ~"*-*— I'uiuoati, Din uwu to i)uila
•rod maintain a telegraph along the rail
way line. The telegraph had become well
known to be an appliance as necessary
for the operation of a railroad and the
transaction of railroad business with
safety to passengers, and with safety as
regards the appliances and rolling stock
of the railroad itself, as any other con
struction connected with a railroad. 1
hare no doubt that the authority to build
and . operate a railroad would
authorize the railroad company
to construct a telegraph to
Insure safety in its operation and do
any business which would be for the
■ convenience of the public by the use
of such telegraph; and it might trans
mit commercial messages or private mes
sages, and would not be confined simply
to railroad business, even if there were
no express authority given. The au
thority to construct and build a tele
graph line expressly given as In this in
stance would include, the authority to
use it for all purposes that were not un
lawful, and especially ror all purposes
convenient to the public and to the trans
action of business generally. I have no
doubt either that under the authority
to build .and maintain a telegraph, it
would have the right to contract with
another party or corporation authorized
• to construct telegraph lines, if it saw
i til to do so; and as far as defendant's
«luty to maintain such telegraph is
concerned, that could be performed by
and through another corporation au
thorized to build and operate the tele
fe:.-tph. • -.•< ■ y.
Now, it appears, by the testimony, that,
oil Sept. 3, 186:;, and before any railroad
was built in the state, at any rate, any
railroad of the predecessor of this com
pany (and I think the:predecessor of this
complainant built the first railroad that
was built in the state*), a contract was
made between Smith & Simmons and the
St. Paul & Pacific Railroad company,
by which Smith &. Simmons agreed to
■"nuild a telegraph line from St. Paul to
Watab, upon terms which are described
In that contract There is no need of
referring to all of its provisions; it
required the payment of a certain
amount per mile by the railroad com
pany, an.i there was an agreement with
reference to tire free trasportation of
An Excellent Combination.
The pleasant method ami beneficial
effects of the well known remedy,
Stbup of Figs, manufactured by the
Oamfohnia Pie Syrup Co., illustrate
the value of obtaining the liquid laxa
• tive principles of plants known to be
* medicinally laxative and presenting
" them in the form most refreshing to the
taste and acceptable to the system. It
' is.the one perfect strengthening laxa
tive, cleansing the system effectually,
. dispelling colds, headaches and fevers
gently yet promptly and enabling one
| to overcome habitual constipation per
manently. Its perfect freedom from
.'every objectionable, quality and sub
stance, and its acting on the kidneys,
*: liver and bowels, without weakening
- or irritating them, make it the ideal
v- laxative.
In the process of manufacturing figs
'.■: are used, as they are pleasant to the
• ■'. taste, but the medicinal qualities of the
■': remedy are obtained from senna and
oiii<i- aromatic plants, by a method
known to the California. Fig Sybup
• To. only.. ; In order to get its beneficial
• Effects and to avoid imitations, please.
'*•"' remember the f nil name of th Company
;-Vprinted on the front of every package..
CALIFORNIA FIG SYRUP CO.
'' .. '■'-:■ ft AN FRANCISCO, OAIr. -
-.'■■• LOUISVILLE, XT. *. .- TOBK, N. T. .
'}'■ Fweale by ail Druggists.—Price 60c. per bottle.
material and the persons eontvd^ting t.ic
telegraph lines and the free u-iffN?. «'«
telegraph by the railroad company
carry me.-sages: ami also grant of• the
light of way to Em!*!? £ SipsMras vpon.
the liiv» described, for i'no *&»&> ~ad i»tli
pofes of the line 61 • telegraph; and in
iin eleventh paragraph there 13 a furth
er provision that as the St. Paul &
Pacific Railroad : company shall further
extend, construe! and operate its raid
load, the paid Smith & Simmons may i.ncl
shall continue the same line of telegraph
along- the extended lines of said read-
I i-oc:: tjic :":."".; ':::"": ?.M conditions ' 0 a
tnVi ..-itioe£c:: ";v.c-;itiv»ctl. ;
- T( seems to me that this is a grant
of a perpetual easement or right to
establish, ccntruct and continue i.i the
operation of a. line of telegraph a'o;i£
tko line specified In the contract, ana
along such further lines of railroad as
shall 03 constructed by the St. Paul &
Pacific.) Railroad company, and thf>t It
! became a vested property right at the
time. , •
It is not perhaps necessary to refer
to the contract that .was made between
Farley as receiver and the Northwestern
Telegraph company. It appears that
prior to the time of that contract,-Smith
& Simmons, or at least Simmons, and
persons named therein as successors to
Smith, by a somewhat Informal writ
ing, assumed to transfer all the interest
of Smith ■ & Simmons in that contract
to the Northwestern Telegraph company.
The Northwestern company had a lino
of telegraph, constructed between St.
Paul and Watab or between St. Paul and
St. Cloud, prior to the time of the com
mencement of the foreclosure of the rail
way company's mortgage in which fore
closure Farley was appointed receiver.
How much more was then constructed,
1 do not know, but it extended as far
as the railroad was then built. It was
: stated by Judge Young, in his argument
that the pleadings in the case admit
i that all of this construction of telegranh
! was done, up to July 1, JSB2, under the
contract called Contract "A." of Oct.
! la, 18.9. But it appears that there was
this line of telegraph In operatlo;i <m
all extensions of the railroad prior to
the contract entered into by Mr. Farley
with the Northwestern Telegraoh com
pany on April i<>. is?:,, which "contract
has been read In evidence, and was acted
up< n during the . administration of Mr
Farley; during which time a consider
able portion or the line was built from
some point near Breckenridge to St. Vin
cent, in order to save the land grant,
for reasons explained in the argument.
A line of telegraph was also constructed
, by the Northwestern company at the
Mm? time along this new extension of
the railway by (he receiver, and operat
ed I-.;- the (Northwestern company under
I the Farley conduct.
! It seems to me that the light of way
• for the telegraph along this extension"
j constructed by Farley was conveyed be
j fire to the predecessors oil the North
western company in the Smith & Sim
mons contract, tor' reasons 'which I will
refer to later. t^:..-: % *
„On,.O ct 15, 1*79, after the formation of
the Manitoba company, the present com
plainant, a contract was entered into be
tween that company and the North
western Telephone company, which then
operated and .claimed, to own the tele
graph lines' as far an they were con
structed; which contract provided th*
terms on which that operation should be
carried on. and in respect to the further
expense of; construction, and of the
maintenance of the lines;, and the con
tract, itself.: assumed'to grant the right
of way. It says "That said telegraph
company SB-ill have the rig-lit of way on
and along the line of the railroads of the
salS railway company for the construc
tion and use of telegraph lines for com
mercial business or public uses and
business, . and the railway- company
covenants that it will not transport upon
its railroads any men or material for
competing lines, except at the usual
rates. Although that clause doe* not
employ the technical language that is
ordinarily used in. a deed of land or in
a grant of any .easement of land, still
the language used, if fairly Interpreted
conveys this easement. It does not' fix
any future time when it shall go in(
operation, and although the words use.j
are In the future tense, still it seems to
me it would take effect immediately, in
the nearest instant of the future; after
it was executed. But that language doe:
not appear to me to be more than a
further assurance of the title; that the
Northwestern • Telegraph company had
already obtained through the Smith &
Simmons contract. 'Without- r«-- •-:.,,- ( .-,
whether the right or. ■ ■"_" was conveyed
In a •fo*T £ =<r KSmier, in this contract or
---. .', i&if, it was conveyed in such •>
manner as to show that the ether party
wl,iVh° £2**?*' tlle Manitoba company,
Pt vJ, V^fA 1611 to thp ri&ht* of the
, h Vv"i& Paclhc company, recognized
the Northwestern Telegraph Vombanva^
thos^lfneV 0 r bU,n^' malnSn «STop naS
th 2 rsJv,* «.Of The grant of
htR oiw? y f^' lines of telegraphy
nlnvto (LXu 1 * «• Pacific Ila»r°ad com
pany to hmith & Simmons by the seventh
of Sent'"* 11 ? S a^ graPhS °f the Sact
01 Sept. a, ISG3, was a then present
and vested grant; covering not on v the
line then * particularly described but
equally the right of way along the rail
ways thereafter to be built by that com-
This grant was effective, although the'
' i»fl aOl? 8 In tl ie future would be fixed
definitely by the locations of the railroad
All this grant of right of way was prior
to the mortgage and not disturbed by the
' wSS2§U^ to which . neither Smith &
: ™ n ns nor the Northwestern Tele
; graph .company -were parties; and these
rights appear to have been recognized by
the court and the receiver din-hie the
foreclosure and by, the Manitoba com!
pany immediately 1 afterwards and thence
torward And while there might have
been right on the part of Smith & sfm
mons or whoever represented them, to
question the informal transfer to ' the
Northwestern company, i think aft?
n*m R *V^ niiio» >- the Manitoba com
pany and expenditures by building and
maintenance of the lines of telegraph by
the Northwestern company,. that as long
as no one else questioned the right of
°rtl,™ estcr? Telegraph company to
build and operate these lines, the rail
rTght s .COmpany could not •luestion its ;
Afterwards and while this contract "A" '■
of Oct. 15, 1879, was in operation the
lease was made by the Northwestern
W^ an ny tO T-Ui e oti:er defendant iweuS
Now i that instrument on its face pur
ports io l>e a lease; It does not purport
to be a sale of the property, it has all
the attributes of a lease, it has a ter-
SS?^'*!. 1* Provides at the end of the
term for the return of the property, av
ing at the same time a provision that
the property shall be kept tip, and that
the contracts shall be carried out- the
contracts being transferred for the'mr
pose of being carried out; and also that
the improvements and replacements
shall remain during the term of lv
lease, and the property returned in *o
good condition at the end of the lease a«
at the time the devise took oeffect It if
Tea aft ValUi aWe consldiraaonf'in!
AVhPn w i S°~ ald ample consideration.
AVhen we consider the mortgage wh'cli
the lessee was -required to. take oar*, of
as far as interest upon the bonds Va4
concerned, and the ■ dividends to be paid
to the stockholders during the term Pand
the final payment of the* principal^ thi
m..rtgage debt, there was a larges amo.inr
of continued periodical pavmelfts To be
made upon this lease; -Rith the rieht of
p-,^?^" whetheri l"c j Northwestern Te"e
graph company. had the right to assi«i
its contracts with the railroad come
or not, the.lease and the^assignment <?f
the contracts came to the knowledge of
the complainant here, the Manitoba
company l and it dealt with the^Vestern
t-niou Telegraph company as entitled to
of 16,"! Xoafhi b °t U"d by th«-obligations
or tne is 01 in western company it r-
Quired, the Western: Union" "Telegraph
liad Pn t y h li;\ dei< t«« contract that ft^the
had with the . Northwestern Telegraph
company, to go on and build the tele
graph lines on the new railroad exten
sions; and it proceeded to deal with it
m all respects ,as the lessee of that com!
Pany. or at least as having authority
™KSE the constructed lin*s and build
and manage, as far as new lines were
concerned, the lines of. telegraph along
this railway, as far as the railroad had
been built, or was being extended. That •
was the condition ; of things up to the
time .when the contract of July 1 JSS"
was entered into; and one principal ques
tion in the case is, what was .the effect
of that contract? The claim.on the part
of the complainant Is that it was "sub
stituted 1 instead of the previous con
tracts, expressly substituted instead of
the contract immediately preceding It of
Oct. 10, 1597, and also in general terms,
instead of all the previous contracts
with the telegraph company or any of
its predecessors.
- What was • the • effect of that con
tract, supposing, such to be its! pur
port, Is one serious question now to be
determined......
- If the 'effect of the contract of July 1
1882, wag. to leave the defendant, the tele
graph company, without any property or
rights. at the expiration.of.the ten years
it would seem- to be a hard contract. - It
would leave the -Western Union company
Btiir saddled with its -obligations -to the
Northwestern company to pay the accru
ing Interest on the mortgage bonds, and
the bonds- at maturity, and the stipu
lated dividends of stockholders, and re
turn the leased: property to the -'.lessor,
with all additions at the end. of the term-
THE ST. PAUL- GLOBE, THURSDAY, JANUARY 3, 1901.
of ninety-nine years,- and compel the
■ Western..: Union-, company .: during the
term Qf ten years to build at it- own
"Co»* telegraph line? along all extensions
of. tTte-TS^oade, a larga : a'.noui:t "of
'-.vhkh A.as.■aOl"ally bui.t but a very
short time befcre"""tne t.~pir?.t'""l Qf *.".c
term, when, according li /: cUiirn of
the complainant, all .the telegraph prop
ert\'. would pass immediately to the com
plainant by reason of the lapse of t';c 0
contracts, and of ' the rights' of the tele-
Si-art •:•?'.:"' -r.vy unt?cr them at th? end of
the ten yea?. -
But. supposing' that on July 1, 1882, in
stead of entering into the contract of
thai date, the parties had limply by a
writing, under seal of the two companies,
abrogated a'! co^tr* 1/"^ }?otToen the P'l I
ties. niV'l enteredlTntc no ;:ovv or /lU'tlie?
corit'act.3 What would bo the condition
in which that would leave each of tbc:c
parties in respect to the right of proper
ty in these telegraph lines? Would they
immediately pass to the raliro^d com
pany, or would the telegraph company
remain the owner of the "lines? The
lines were, built by the telegraph com
pany, or by its lessors, and the rai'roal
company had perhaps some rights In re
spect to wires strung by it for its sepa
rate use under the contracts. The tele
graph lines were built upon the right of
way which was granted by ?!ie railroad
company and its predecessors to t;:e
predecessors of the. telegraph company.
That right of way La an interest in land.
Abrogating the contracts would not be a
reconveyance of the t tie which had b;en
granted to the telegraph companies, it
seems to me that the only effect of such
abrogation would be to put an end to the
particular J stipulations in relation to re
pairs and to the cost of construction of
new telegraph lines, and In relation to
the use of th* telegraph as between the
companies. Th railroad would be no
longer obliged to carry free the_mateilal
or the men required for the building of
the telegraph lines, or to supply labor In
the repair of them, and the telegraph
company would be no longer obliged to
send messages free for the railroad com
pany. None of those executory provi
sions would remain obligatory after the
contract was abrogated. But the a-Orcgi
tiori of the contract would not affect tne
provisions which had been executel, a~d
which had already vested p.-rperty right
in the one party or the other So that ray
Impression Is that it would leave trie
ownership of the rlerht of way of the
telegraph lines in the telegraph com.
panics It does not matter whether tie
title would bo in the Northwestern com
pany or the Western Un'on com
pany, as there is no content re
tv.eeii those two companies. Besides tlie
Western Union company could not by any
contract affect the property right of its
lessor?, me Northwestern company.
It docs not seem to me, therefore, (hat
1 need consider tho effect of the acts of
congress with respect to the rights of the
railway and telegraph companies, neither
the act of July 24, 1866, pr any other of
the acts of congress referred to on the
argument The case may be disposed of
simply upon the contracts between the
parties themselves.
This contract of July !, 1882,.' ■while it
purports to supersede all previous con
tracts, and cancel especially the contract
01 Oct. 15, ]&,«, does not seem to contain
any provision that can affect the rights
of, Property as they were vested at that
time arid before that last contract was
entered into. There is no conveyance
and there is no provision that, there shall
be .any change of title or/possession at
the end of the ton yeas- term, There is * a
provision which grants the telegraph com
pany during the' existence of that eon-"
tract lor- those ten years, an .exclusive
rsgnt ot way on along and upon or un
der lines and bridges of the railway and
on any extensions or • branches therecif
dimnar that ten year term; but that "<loe<?
Y^T^'i 11 \" 0011*1*1'"1 With the fact
tI.U it had a right of way before or that
lts^ossar had a right or way not exclu
sive before. This grant Is something ad
ajtlonal and rot inconsistent with the oth
er; and a>; both would be of the
benefit to. the. grantee, it would be ■*£
sumed that it would retain both of them'
l'here Is nowhere in thai contract any nro
y:sion that at the ' end of ten years the:
telegraph company shal] abandon the Una
of telegraph, or its us*, or turn over tfie
possession of it to the railway cdthbaiivv '
■ Now. looking- at 'that contract ■ caivfuliy
it seems to me that it only, abrogated
the cperat'.ng; and -.executory..provisions cf
the previous contracts; and ..that must be
us only eflo-it, unless it operates as a
wu»-eyiim;t! or p7oporty rights; and th'it
it not do. There are nc words in
it from which any such intention can ba
inferred, nor can it be from anything
t.iat appears outside of the contract.
A. hen we consider the situation of the
parties, and their interests there ap
pears to be nothing-, either in the language
of the contract or in the surrounding Ir
hSSiKES fr°n i Whlch V mt Intentio,i can
be inferred; and as 1 - have said bsfors,
JhAitSr^f* 1'1"1"'. 181; 1" that at the end of
the term the existing rights of property
shall not continue.:. This particular, con
tract authorises tho building of extensions
and the operation of th-< same by the tele
graph company like the telegraph lines
before constructed, and as part of the gw
rKfJiteSS 1 f the tfK^aph company
CpnsKJerablo changes are made in its pro
visions from those contained-. in the pre
vious contracts as to many other matters
This' contract gives the railroad coSSSf
the right to use *. he entire .telegraph sys
tem of the Western Union icompany**a
system which extends;' accordinj; to''the
stalcn-er.t of counsel, throughout- all •»he
states, or at buy rate, far beyond the
!r?n tS , 01-,V h"se lines that were
being built in connectiou with this rail
road. It-relieves the railroad, company
from laying half of the cost or expenses
of building the extensions of tbe iin^s of
telegraph that were to be constructed
.So. this contract for its term of teii
years, while it contains some conditions
that are more favorable to the tele
graph company than those contained" in
the previous contract, leads me to think
that the changes are far more consider
ably 111 favor.of the lailroad company
than 01 the telegraph company, and that
it contains nothing that can be regard
ed as a consideration for the giving up
or the abandonment of this valuable
property.
The facts that under tSie last contract
»i»rit£i'? grapb i V lie- were operated sub
stantially as before, while the entire cost
of all now construction was to be borne
by the telegraph company, and that the
contract cental language irom which
the intention now claimed by the com
plainant can be inferred, lead me to the
conclusicn^ that the telegraph companies
PUlls own the ttlegraph property the sains
as they did before the contract was
made; and have the same interests in
that property which ' they had at any
prior time; and" the railroad company
has the same interests therein which it
had before that contract was made and
no greater. ... ■. .. 1
A decree may bo drawn 'to con form
With the conclusions indicated This
seems to have been an amicable action
commenced with the consent of all the
parties and^for the purpose of determin
ing the rights of the parties; and there
fore it. is an action in which no costs
should-. be 'allowed. ■• I think that perhaps
I have stated enough ■to enable counsel•
to draw the proper decree in the case.
It.? terms if not agreed to may be settled
upon two days' notice. ...
Tlie TvrentictJi Century.
We now stand at the threshold of the
twentieth century, and the niueteenh is
a. thing of the past. It will, however
be known as the century of invention
and discovery, and among some of the
greatest of these, we can truthfully
mention Hostetter's Stomach Bitters the
celebrated remedy for all ailments 'aris
ing from a weak or disordered stomach
such as dyspepsia, indigestion, fiatuiencv'
constipation and biliousness ' .'
VENEZUELAN REVOLT.
iygPLRGBNTS REPORTED ACTITE 1\
TWO DISTRICTS.
SAN 1 JTJAN DE PORTO RICO, Jan. 2.—
Passenger o who arrived there today oi
the Red "D" line steamer Philadelphia
from LaGuayra, Dec. 30, sa-y a serious
revolution baa broken out in the Mar
acalbc district of Venezuela. They add
that the government troops have de
feated the rebels and arrested twenty
of the leaders. Another rising- is reported
to have occurred in the vicinity of the
Oronico. The United States auxiliary
crusier Scorpion left here yesterday to
join the Hartford at La Guayra.
WASHINGTON,"^ 2-Mluister Loom
is, at Caracas, has advised the state de
partment that the impending trouble
over the conflicting asphalt concessions
has been thwarted for the present
There are no details in the minister^
dispatch, but It is gathered that he has
induced the Venezuela authorities to sus
pend arbitrary action looking towards
the ejectment of some of the conces
sionaries untill there can be a calm Ju
dicial determination of the merits of the
conflicting claims.
It is probable that the arrival of the
gunboat Scorpion at La Guayra has
been a potent influence in brlhgfng about
I this present stay of proceedings
1 MR II IIS
-"IIKili: COURT MODIFIES THE
AAV Alt» MA OK TO lIRS. >";;
«Ml\ LAMHBR9
' Bi»T7;V!- :'" .'"" -; ;
. ————■
NUT.2MANN WINS HIS SUIT
Supreme Court fora Second Time
Declare* lll» Claim a Yh1I«1
One .VimiiiKt GcrmniilH
Company.
Justice Colling, of the state supreme
court, yesterday filed a sextet 'Of decis
ions, in two of which the decisions of
the trial courts' were reversed; One of
these was in the action brought by ' .Mary
l.i mmers .against the Great Northern for
damages tor Injuries received in the collis
ion of a train with a rig in which she was
riding- at Saulc Center. The 'supreme court
holds that tb* award of 'damages; $1,000
was excessive, and should b 3 cut down
to $2,500. The syllabus follows: .
Mry J- am"'»ers, respondent, vs. Great
Northern Railway Co.. appellant. V
i~ m a personal injury case rising
cut of a. collision at a street crossing- be
tween one of Defendant's passenger trains
ana a pair of horses attached to"a wagon
m which plaintiff. V aa riding her SSBand;
being the £ river and in control of the'
houses, it is-held that on the question of
the negligence of.defendant's servants in
running the train at on. excessive rate
of speed, a case was made fur the jury
find that tfce court did not err in its
charge upon this point. ]t is also held
that the case was for "the jury upon the
question of ? plaintiff's contributory ier
ligenee. -.-..» i ■••• ■ •"
I ,:':,, JIeM- Tl-flt Hi' 1 damages awapcted,
wW, are excessive and must b 5 reduced
to $2,500.; Order modified. : Cc*:rin.% J.
The tec-oral reversal was in a ,sri; in
volving the liability of subscribers to a
creamery for the expenses of construction
The syllabus is as follows: v '
Garnish & Company, appellant. v.«." John
viw^-*V ,l;t ri1 ' '-Iffe.-idiints, Joan 77.
• . West, ot al. .respondents
h A contract for the construction of i
creamery executed by plaintiff aa ot/tno
lirst rait aim by all but two of the do-'
;'.''!!! l:l!l, v ; l' °? "rik'rs ;1S °X' thojiecoii^-iiart
thHr^htt! i:!', lhe ,^ e-f"Jber3 limited
thill liability by lixing the amount of
their several KiiWc-Jintions In all $1700.00
Eleven c-id not fix t.is amount. The sMpti
latod rontta**:price was *3,(XM).00 "Slir[.'
J leld-That th.. •liability of ■■ the oleven
,^i lloi7 is several, .not- joint, "and
Skoo v ]W ia iov: '- y u»e-eleventh of
"o" Hold- 1"/ 111?0110" to obtain a judgment
and to enfor^ a lien upon the prSporty
th.at the 'VcXiplaint stated a caUse of ac
tion againstMJ of the defendants." 7 '
uiacr )i-\'<^t-a. " _I_J: Collins, j. f
5 For the s^^, time the court decTdls
m; favor offh^laintiff in a quite cele
brated -localc.CL|e,'that.:of Louis Nutk
mann ■ a&iiiiijjt*\le :,Gormafiia "! Aw. Insur
ance < I .mpaSy : .tV.- an ; elevator ae - Ucnt •
The syliabujl^M's:.. . . ;
I«uis i NutsriTaWi, respond.int, v? -Th»
New YorM Reliant.
Syilarus-!. A , a s« con d ni::[ (| , th , s
•'■'!"". * <>r |pf-r^on:il -injuries alleged Jo
have been c|tVsetl:.by;an' incompetent fal
low servant^ the' main facts as shown by
m e^ enc-? &^ not d!ffer laterally
liom tnose tr>tr.b is .t'd at the first i-ri«i_
"- 81 N \y R. 518. There was, fiowavi^
, quantity of (<X)iert testimony 1 as to Vh.;
amount of. iriativiietiori. and exparrtn c
j^cessary to render a man 'of -ordinary
<a C uHie3 ;i ..aliu.-:i to operate, an eleva
tor. Held, that upon all the evidence
the question. whether defendant exercised
3rdnnu-y and leasP»able care when se
lecting the servant whose neglisence
when operating an elevator caused the
injuries, was for the jury. :
<--2. rlt was ailesed in the'complaint that
the operator suddenly and violently start
ed the elevator, upward with great force
and rapidity by reason of which pialr.t ti
Farmer-- Do 'yen be tti 1 oldest in th' famliv?
Boy-No; father's the oldest. family?
• ■ 13 •:> ~ ■■:■ '■ —
was unablft. to enter "the Bam and then
carelessly and negligently stopped and
suddenly ■ lowered it a short distance The
proof was that after being- stopped it was
again moved <up\vard-not lowcr^V-with
great rapidity. - Held, that! this variance
between the- allegation and the proof a*
to the movement of the elevator after it
was first stopped was immaterial and
■™?* rt pro ')eriy disregarded by the tfial
3. The claim is made by defendant's
counsel, upon appeal, that from the evi
dence it conclusively appears that when
the accident happened the plaintiff and
the elevator man were not acting within
the scope of their employment, but were
using the elevator without authoatv and
for their own convenience simply; n -Id
that t.ie claim is without n^rit. Judg
ment affirmed.; .; ;; —Collins, J."
.The St. Paul Bethel' association win ;
the suit brought against' lt by Mark lii
schoff. who was -working and was scald
ed while, working on the- bMlers. The
court says: ."."..;' :. " . . . . .
Mark Bisclibff.; appellant, vs. St. Paul
\ \ Bethel Association,' respondent
Syllabus—Held, hi a personal lnjurv ac
tion-that on plaintiff's own t«slim6ny he
was conclusively-shewn to bo guilty of
contributory negligence, v.-liijii. conced
ing def<i.«anfs negligence, wou'd pre
clude a recovery. Order affirmed.
'■•'; : :. ■ —Collins, J. •
"Other"decisions -yester.la'y were:
Alphonsine ; J^a I*ndH?) : a-espondaiit, v.-.
; .George-.; Peake : and. Thomas E
. Adams;-- appellants. , . ■','; ' .-
Syllabus-Plaintiff was lining horsiback
In a public street. .-.From some unknown
cause the-horse ->t>r)k ? fright- an.l -backed
some thirtyAoFjjforty feet-until he step
; ped into -a-ffa^pli way. .-whlch, extending:
into the strait; ; »d been made by defend
ants for Qfrpoae of moving earth
from a cellar winch they-were excavat
ing on the!* ..lots; up .to- the.street sur
face. - The plaintiff then ftll or "jumped
oft." ami wasrotisned into the cellar by the
horse. ■ The^wagon way 1 a lnd the cellar
' were . not:.^pajged .or eiiclose at the
l>onit ,whero3thsS accident occurred
-Held, thatTtiie.-: fright of the horse : and
not the failure 5 to guard or enclose th»
excavation araa ihe proximate cause, of
plaintiffs Injuries • Judam'eht. reversed. ■
-•''.'.-'■■ ■ r •■ '".'£& ..:-. »-.-■-..: -■■'. —Collins, J.
Lloyd Bartjgr. •zappeliaiit;) vs. Thomas
Robinson,»^^bndent. -... ... ,
Syllabus—lE. ..tjjpon-a second appeal in
this action of ejectment, see 60 N. W. R.
CASTOR i A
;.;. For Infants and Children.
the; Kind You Have Always Bought
Signature of C^^f^ff^^^i
«£ ffK<\ 1lf ld; *hata finding of fact to
the effect that a certain fence was built
!ii«nnt ", 01?e of the tracts of land iii
dispute and nin part upon the other, in
JuH.L'^f Xf 2 ' and subsequent to the «£
curing of claim afld^ tO'Or of title to both
Sort JeV^S IS^o the fence wag
s-u]>poited by the evidence
intT^f l'*\ SOn. w'io enters upon lands
\e\anve which gives him color of title
£M acCiV'rPS seizin by his entry, ex
tetida j,Uch «lzin to tie v:!!"'" 1! Iraci
coiiveyed there by his entry, eite£ds t ueh
seizin to the whole tract conveyed, there
wav n ° actual erse possession in the
3. Various assignments of error dispos
ed of. Judgment affirmed. —Collins, J.
IK IN I HARNESS
Continued From First l'age.
it was deemed inadvisable at this stase
Of , the criminal prosecutions, resulting
from Mr. Lawshe's investigations, to
make public the data upon which they
are based. The secretary saM he had
talked with several senators on the sub
ject and they understood perfectly a
compliance with the terms of the resolu
tion was inexpedient at this time. He
did not regard the matter as of much im
portance and had do idea that it would
be made an issue between the senate
and the war department. The course
usually followed in such cases would be
adopted in this matter and it would ba
allowed to drop from consideration for
the present.
COTXAGE IX l!'.i.
The yearly coinage statement cf th
director of the mint shows that the total
coinage of the. mints of the United States
was $137,509,401, as follpws:
Gold, $59,272,M2; silver, $36,295,32] ' minor
coins, ,s2,<-33,337. - .. • .-, ....... , . •
or the.-silver coined $24,960,912 was in
standard dollars. . . - ■* . ■ . ,
; The December coinage amounted to 57,
--758,830, of which '$4,576,697 was gold, $2,
--850,555, silver and "$501,328 minor coins.
:UNCLE SAM'S CASH ACCOUNT.
The comparative statement of the re
ceipts and expenditures of the United
States, issued by. the treasury depart
ment today shows' that for the month of
December, H>no, th. ; total receipt? were
$46,546,G05, an Increase as compared with '
December, 'I.SSJ>, of $87,404. I
The receipts from, the several sources
of revenue are given as follows:
Customs, $18,406,634, a decrease of ?02-1,
--250. • • ' • •
"Internal revenue, $25,200,003, increase
1185,119: .:■ • • .
Miscellaneous, $3,089,179. increase $3:0,-
E34. . .....
The expenditures for the month were
$40,204;C22,-which leaves a surplus for the
month of $6,641,5?6. ■■- ■ -
■ The following- are the items of exp:n
ditur«: " - * .-' - - .
Civil and miscellaneous, $9,624,811,' in
crease $1,918,432. • : ■ ■•■ •• ■
War, $10,940,100, decrease ' $169,010.
•Navy, $4,478,514, decrease $196,569.
Indian?, $1,045,995, increase" $264,400. :
Pensions, $10,803,-055, increase .J?27,0!."i.
Interest, $3,233,143, decrease $1,175,543. .
• During the last six months the receipts
amounted" to $291,841 as against $284,793,
--494 for the corresponding period last year!*
The expenditures during the -last six
months aggregated $273,094,155, • as against
$263-,763,660 for the corresponding' period
in 1599. ■['■' ■" '.•" '■ ; • • " • --•' ••' _
.The net surplus during the last six
months was $18,747,706. ■ :. .
FOKEIGK NEWS NOTES.
■ London—Queen Victoria has ."appoints a
the Duke of York (•orrirranuei-iii-chief
of tho Royal Marines. .
;i Buenos Ayres— new .':/ Argentine-
Chilean protocol in connected with the
frontier settlement has been .-signed and
the president of Argentine and Chile
have exchanged telegrams or congratu
lation. ; • - ' ■
iAndon—The Spanish steamer Olcota,
from Genoa; Dec. 10. for New Orleans.
has arrived at I.as Palmas, having burst
w-r« 1 M tn liS^ aTv, I)ip'- The cllief engineer
perhauSfS^J? «»*»*»• !R? win be
*-Weimar- The condition of ill? Grand
Duke of Saxe-Ytt-lniar. who is Hirreni
from influenza, complicated with inflam
mation of the lungs, is very seriou«
f nV,\r Hf i?? 1 °-M llis !!C"nrt is Suavely wsakl
ls Pafnl:-B3 ' but the
London—Tho Marquis of Dufferin and
;V has withdrawn his resignation of
««ini (■ha, l. rnianshiP of the London ana
<-rioue finance corporation, • limited, and
postponed , Is departure for Sou h Africa '
«r-isi«l'",h mefi the ?h«?ehqldera ana
consider the position of the company
Brussels-TheT Etoile Belgile announces
that the health of Quoen Marie Henri
etta has boon impaired, arid that sine
surfers, constantly from bronchitis The
queen a quite weak and she do not leave
««ch day." 1" 'ni)re lhan a <'Ol'p!y Ot h<^«
London--There was an unimportant fail
]?.'". Siv" c stobk ******** Saa
i SicK>kholnV-Capt. Torklk-sen has written
a stteng article winch is published-in the
laities in Storthlnsr to pass a .law-.com
toifca^. ■n|f-- t ° hVe &1X months s:e^
■ Osborne," T s :« of AVisjht-It is offiMallv
announced that Queen Victoria has decid
ed, .unless something unforseen tmpS
to v-sli (;nniez, in the south of Fran-'
in ilr.icli or Apyil. '
London-TJie Daily News, it is 'reported
prictorc have not yet been disclo^ but
the paper will continue IJberaT nrobabK'
w thout .Imperialistic tendencies.- Henvy
\\.;.Mf«EPingham, formerly editor of till
of^^a^^^s^^l^^
« Pan Juan de Porto Rico-Thousand^ "of
people Tuesday witnessed the starting- of
the new trolley system, the island's first
road of .that (ieicription. The people wei-u
mucli astonished. • . - .... .:■. ;
Cleveland—James •H. Hardy, ;- a well
known Attorney and real estate dealer
of this city, filed a petition in bankruptcy"
His liabilities are place*! at $243,851; as
sets, $12,400. Hardy built a number of
business blocks and at one time was pres
ident of the Superior Street Railway com
pany. ; : : • • : „'; . -
■ Phii&ilclphia— The directors of the- New
Ycrk, Philadelphia & .Norfolk railway,
in special meeting:, ' declared ; a dividend
of 2 per cent preferred capital stock of
the company. This is the first "dividend
ever paid in the history of the company.
The capitalization is $1,714,375. „ "
New York— two-year-old son of Mr.3.
Howard i McCormick, who is- a daughter
of John D. Re :efc Her, died in Tarry town
of scarlet lever... Another 'child lot Mrs.'-
McCormJck h: also dangerously ill from
the j fever. .:...-. -.-.;..■
• New York—Charles W.."V\esteryelt.'- for
mer cashier .for the. Dime Savings Insti
tution, of Newark, N. J., entered a plea of
guilty to two indictments for forgery and
mßL§r&wF&a§^ 1 183I KE ceas«le9B
j mw mmß & Hr m^^rfrfUr drudgery of
I '•'"•■' H could endure, and it is
1 CURED By , Ino wonder that women
I —^ —^ _ If show the effects of work
1 K3§*a i3B*&&Bt§~!& 1 and worry. :
i m Thousands of women
1 Mim&WBSS&M Ito offices, shops, and -ac
I Iff bll v VAfII | tories break down in
IL— ,-,.,—_-.,..—niiMiii ■■■■in... i. |j ' health under the strain
■HS&sncaaßaaiHHSfiLaU'^HUl^flKiUiSH&aKSß ftnd ecomo weak, tired,
II nervous, and debilitated, tortured with female complaints, or racked
h by headache, neuralgia, backache, and kidney trouble.
H Here lies the great strain upon the nervous systems of women.
U They have little or no rest ; their life is one continual round of work,
9 duties here, duties there, duties without number. What wonder that
g such women go to bed at night fatigued, and wake tired and un
g refreshed in the morning 1 tmaammmomammammmmmaammmmmmmmmmi
H - What women need is that . - .
H great strengthcner and in vigor- &*s£* §L™99&tFltlW&t&*&
I ator of womankind, Dr. Greene's **' m •*■ %9%9mmmm <B>
M Nervura blood and nerve remedy $MMFB9 \MUMM9 VI
B —that remedy which rebuilds «Wfc#a W H^MM^m
ffl health and strength, purifies and I jr/JO TMF GfiD AMD ■
H enriches the blood, gives strength iinji/re
B and vigor to the nerves, and the HEnwESm
H strong vitality and energy to the
H system which will enable women
El to do their work and yet keep strong and well. It is this great medi
|| cine they need. Nothing else in the world can do its work. .
I MRS. M. D. PERKINS, of 100 a St., So. Boston, ilass. ( says:
' . ' I was completely run down and could not eat, for the eight of food mad*
I me sick. I did not sleep at night and was as tired in the morning as when I I
I retired at night. My head and back ached all the time. I was completely ex- I
I haustad if I tried to do my housework, and could not walk without being diay. ■
■ I was excessively nervous and very weak. _
i " Then I began to take Dr. Greene's Nervura blood and nerve remedy, and I I
j H cannot; say enough in its praise. I have not felt so well for years as Ido at the I
M present time, thanks to this splendid remedy.
"I can now eat and sleep soundly, waking mornings strong and refreshed. I
II do my housework, which is now a pleasure instead of a burden as formerly. I
Sj My weight' _ has In- . |
I creased about twelve JS!fflu^B^fßE^r^^*ff^!Bß^SE?sF IIHI|III'°
not guilty to two indictments for embez
zlement. : The amount ho is charged with
embezzling is ?9Q,500. He will "be sen
tenced next week.
Beaton— 122 nd great an! general
o.onrt. of Massachusetts was convened.
in the senate Ruins A. Soulo was i»!ee:ted
president; and in the houj?e J. J. Myers
■was clui-cn 'speaker.
Concord; N. 11.- The 107 th session of the
New Hamprhire legislature was opened
The senate elected Bertram Kill.-, presi
dent: the house elected Cyrus 31. Littlo
for speaker. The election of a Unit
States senator will be held next week.
TELEGRAPHIC BREVITIES
Washington- Secretary Hay is again in
disposed ana was confined to his home.
Washington—Word was" received at the
var department today that:the trans
pert Meade w*hich carried a large amount
of specie from San Francisco arrived at
-\i;;;ii!a the cist inst.
Washington—United _"- States Consul
Wildman, at Kong-kong, has.b?«!i grant
ed a leave of absence and ivu ! return
to - the United States immediately for
the benefit of his health. ■
Pensacpla, Fla.—The large Russian
whip Bjorkland, bound for Mobile, went
ashore on the outside beach, thirty miles
from Pensaeola. Her crew was rescued,
but it is feared the vessel will be a
total- loas.
Albany/vN. V.—Mr. Wu Ting Fang will
be th« guest of the State Bar associa
tion hero on Jan. 15-16, during Its an
nual meeting. He is to speak before the
association on the subject of "Chinese
Jurisprudence."
Abin~don, Va.—Gen. James A. Walker,
Republican candidate for congress, win
was defeated on the face of the returns
by Congressman W. F. Rhea, of the
Ninth congressional district of Virginia
has filed notice of a contest.
St. i.oiii*, Mo.—All records of the St.
T^ouis ■ clearing house we're broken
Wednesday, the reports showing clear
ance of $10,f>yr,5«. This ■ is the greatest
total ever shown . by. the clearing house
in any one day.
Kansas pity, Mo.—Twenty-live thousand
tons of common salt purchased in Port
ugal have been contracted for by a pack
ing company of this city. The company
says the salt trust's hi^n! prices forced
it to buy abroad.
New Orleans—Five trainmen v.-cro kill
ed and one was badly injured in (he head
collision - between two freight trains re
ported on (he Yazoc & Mississippi Valley
railroad at Melton, Miss., Tuesday night.
Both engines and several cars were de
molished. • . • ■" ' ' ;
Kansas City, Mo.—lt was announced
that Miss Celeste Fine, daughter of Mr.
and Mrs. B. P. Fine, of Virginia City,
Mont., and Mr. Wilson S. Webb, cashier
of the Missouri Savings bank, of Kansas
City, were married here Tuesday. Mr.
I me is a member of the Montana leg
islature and is senator W. A. Clark's
right hand man. ■...- ' ; ■ ■
New..York—The American Sugar Refining
company has reduced the prices of afl
grades '»f refined sugar ten points, and
the National Sugar Refining .company
has made a cut of five points, making
the prices of both companies the. same.
The Arbuckles have reduced ■ the price
of granulated sugars.'- This puts all the
companies on the same basis
TO LAY UP THE WHEELING.
Moliifnn "Will Take Her Place—
Training: Ship for AnnopoU).
WASHINGTON, Jan. The' navy! de
partment announced today that the gun
boat-Wheeling Is to be Put-out of com
mission .and be replaced by the Mohican;
which like the Wheeling has been stafon
ed at the Mare Island navy yards. The
-Wheeling is to undergo. extensive repairs..
Capt. Couden and her entire crew are to
be transferred to the Mohican when that
vessel, is commanded.
* The , board of \ naval , construction today
decided to recommend to congress the con
struction of a 3,000 ton training ship for
the naval academy in accordance with
the plans of Supt. Wainwright. j It was
decided that the Chesapeake is too' small
for the accommodation of the cadets.
9&9sJ3h&»°99 1- 10 coffee «-raSrTOb.saigA«iT&« .
11 00 Beit' faro vS. KP £mdi nd or P°un for "-CO: Flue Java and Mocha Flavored lor l»o a ib. or 0 !bs. for
iinn-t fai! f n Irmi ? M"ch*>lßV°™d rousted «offee, 40c grade, for?3c a pound ->ri pounds t-:r«c.
.iSta or Sb«A?nlM n?."T pa.f ?"V'Bt lf Tol live out of town- Everything in the grocery line and thoo*- v*
ande or o. ber articles priced in this price list at. wholesale prices to consumer*. It will tell you what you nhoald fj
Sf*»Bie :Jr S? 0*"- end fOr, " ato'"a- ALSO TAKE ADVASTAOK OK TUB ABOVE PHICES. BUILD IMC
PAPERS. }\e furry a complete line.of all hinds of buil4lnir an.l roofln K papers. Hen.l for ireT, wiLYfe'ejui
ourpnee-. V.c wllromigated ironnndall kinds of iteel Elding si.d r* Hi^s at "holr-.ajoVrlJe^ beSd^s
Epe.;nicationsof your wants and we will send you iiet prices. -..Send for our. Furuitmo catalogue • .
T. M. Roberts^ Supply House, Minneapolis, Minnesota.
WEATHER FOR TODAY.
• For Minnesota—Fair Thursday sn l Fri
day; warmer, with easterly winds, rhiirs- :
clay.
For Wisconsin—Generally fair 'J'i.u,-.«--
--nnd Friday; warmer Thursday; winds
becoming easterly; fresh to brisk un the
lakes*. .
For North Dakota—Generally far "
Thursday and Friday; colder in western
portion Thursday; w.nds becoming north
westerly.
For South Dakota— Generally fair -
Thursday and Friday; colder in* nortft
west portion Thursday; winds beconiintj
northwesterly.
For Montana—Occasional snow Thurs
day; colder: winds becoming northwest
erly; Friday fair.
ST. PAtJI*
Yesterday's observations, taken by Hie
i Q.ted States weather buieau, St. I'au),
1. !•'. I..yons, observer, for the twent>
four hours ended at 7 o'clock Jtu<t night.
—Uarometer corrected for temperature
nnd elevation. ■ '
Highest temperature . Z '
Lowest temperature ■ —jo
Daily range ; .'" ]■;
Average temperature .;..........".'..'.'.' -i
Barometsr '.'.'::.: ■ ■
Humidity ' vt
Precipitation [;*"•; (>
7p. in., temperature .'.'!."!" a
7 }>. m., weather, clear; wiud, south«;ast.
VESTEKDAY'S TEMPEKATUfik'tf.
*Sp.m.llishi •3 p ij, „,
Battleford .-14 -12 Cheyenne 21 ■'.
Bismarck .... 0 -0 Chicago "v> ' A
Calgary ......12 —10, Cincinnati 24 «" "i
Duluth —« —6 Cleveland . '20 2->
Edmonton ..— -3 Gal vest on ' '44 44"
Havi-e .......—I 4 Jacksonville. rfi ci
Helena ■> 2UJMarquette ... 0 4
Huron .......20 .11 4,';
Medicine Hat--3 2 Montreal ... .1) ,(; "
Miiinodosa .-10 -33 Nashville .. 30 >;
Pr. Albert ..— ifi —j6 N> ff Orl^n«?; i\t
Qu'Appelle .-M -s Philadelphia 30 at
S; Current ..- \>. -c Pittsburg . :" %
Wiiliston ....-1 .1 st. Ix>ui3 •" «
Bugaio •■ -16 -■' St-. .Marie .. J 4
—Below zero.
J'AVasljlngtq n time (7 p. m. St. Paul).
TO DEFINE HIS AUTHORITY.
Government <«. 4i.p«-nl fa,- in R .
-Porvnt Reservation*.
WASHINGTON, Jan. 2.-The ov*rn
ment proposes to appeal to the Unite I
Statea supreme court from the decision
of the United States district court of
California in the ease affecting the right" "
of congress to delegate its authority t»
the secretary of the interior to make .
rules and regulations as to grazing upon •
forest reservations and to grant permit*
and to fix penalties. ■' ...-.-
The commissioner of the general land
office, -while holding the authority given
to the" secretary of the interior to be am
ple without further legislation, believes"
It would be well to ■ settle the. disputed 4
question as ' recommended to ' congress
by the secretary. This recommendation
is that the should be a special act pass
ed which shall definitely determine - the
question and define, the rights of the
public upon the United States forest res
ervations and as to the conditions un
der which the secretary may issue per
mits for grazing purposes when t^.e tax
may justify. . I . I
California Via tbe "Sunshine Uogie"
(C, »I. & St. P. By.).
Every Wednesday a fine Pulim-in tour
ist sleeper leaves Twin Cities (SL Paul
S:ls a. m., Minneapolis 8:05 a. m.) via
C. M. & Bt. P. Ry., and - run tnroush
to ljos Angeles, arriving there every
Sunday morning:. : '..■•■. '•'-
Frlce of double berth in this oar $6(».
Before making your arranjfemer.is for
California get particulars as to "Sun- "
chine Route." '
Hundreds of Northwestern people pat
tronJze this popular eervlc? *>very *>ea
son—it traverses one of the most interest-
Ing portions of America. ••■.■-•.
For comfort and ease It is' not sur
passed. : ' "-■ '■'
Cheapest rates are obtainable via thl.i
route. Inquire of ticket nKents."- or writ*
J. T. Conley. Asst Gen. Pass. Agent