The Saint Paul globe., June 01, 1901, Page 2, Image 2

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

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

                
12
CITY NEWS.
The Humane society meets at 10
o'clock th s morning at the Chamber of
Commerce rooms.
The Social Democratic tarty will hold
a business meeting* this—evening at 8
o'clock at Pfiefer's hall. Eighth and Wa
basha.
'"apt. N. C. Robinson, of Company C,
First regiment, has been temporarily sus
pended by the'adjutant general, owing to
a delay in making out hid return papers.
The financial report of City Treasurer
Otto Bremer for May shows: Cash on
hand May 1. $515,303; receipts. $178,241;
disbursements, $301,844; cash on hand
May 31, $392,400.
The Minnesota State ban.l will give th©
first concert of the season at Como park
Sunday _ afternoon, under the direction
of C. M. Selling. An evening concert
will also be given.
Prof. Sanford, of Yale, who is in the
city for a short visit, addressed the ath
letes at Central high school yesterday,
hanging out some professional pointers
on proper training and erre'of the
museios . . . .... ....,;•;.:.;
. The. funeral of Bernard Kinney, who
' died Thursday, will take place from his
late residence, 1315 Edgerton street, to
■ morrow afternoon at 1:45, with a service
at St. Patrick's church at 2:30, Mr.
Kinney was sixty-two years of age.
The principals of the St. Pa«l public
' and high schools Will meet Monday. .The
teachers will not be electee, for the com
ing year at tins meeting, as has been
stated, but this will l*e done at the reg
ular meeting June 10.
The members of the Gaff Street Evan
gelical Lutheran church will give their
second annual excursion on the steamer
Columbia <>n Sunday. The boat will
carry the picknickers up the Minnesota
river as far as Shakopee.
Thomas D. Cook, a local colored phy-
Biclan, living at ."SI Robert street, was
arrested for raisins a disturbance in the
Metropolitan buffet, last evening, by
Patrolman Peters. -At .central station be
was charged with disorderly conduct and
drunkenness.
.. ...
Judge K(>lly. in the district court, yes
terday ulternoon, issued an alternative
writ of mandamus directed to George M.
I^elson to surrender the books of the
Central Montana Mines company, of ;
which ho was formerly secretary. The ]
capital stock of the company la ?5 f 00O.«». I
During the month of May 65 cases of j
diphtheria, 15 of smallpox and 32 of scar- j
let fever were^reported "to the health de
partment: Last year in May there were j
only twenty cases of diphtheria and the
same number of ' scarlet fever. Small
pox at that time was comparatively un
known in Minnesota.
John Ilessler, aged eighty years, will
be buried .today at Oakland cemetery. |
He died at the Homo for the Aged, !)0
"Wilkin street," "Wednesday morning. Mr.
Hessler was a German by birth, and
was for many yeSrs a- resident of Le
Bueur. He came from that place to the
home. He has been an inmate of the
institution for three years.
BUILDING BOOS IS ON.
PEiRMITS ISSUED IX MAY ESTAB-
LISH A HKCOUI).
Not since loSD has the number of build- j
ins permits or lie value of the same ex- i
ceidcd the number turned-out by the city
inspector's department the past month.
According to the returns compiled yester
day. May Is credited with 169 building I
permits, representing a value of $513,080. |
For the corresponding month a year j
r?o, 124 permits were issued, the cost of
the Improvements represented being i
5270,723, while, the Increase over last !
month is '$200,000.
While May Is the banner month since
the boom, times, the indications are that
June will be fully as large it" not more so, J
St. Paul architects now being busy oh J
plans that represent a hi;avy outlay of i
money. Th^e greater number of the per
mits issued luring May was foi bull flings
to be located in the Seventh, Fourth and j
Fifth wards. The Seventh ward led In
the estimates submitted.
Junior-Senior Reception.
The annual reception given to the grad
uating class by the juniors was held at
the assembly hall of tho Central high
I list evening. After an nddi+'s
by the Benior president and a response
by the presidios officer of the junior
rogramme of sixteen dances
was unwound. The , pleasures
imloii with a luncheon. Two
hundred and fifty coupli * were present.
f the committee in charge
were Neal B. FarweU. Etta Merril, Wil
liam Graves, Monica Keating and Don
aW Hayne.
ECZEMA) XO CORE, 3>O PAY.
Tour druggist will refund your money
If PA/.O OINTMENT falls to cure Rine
■\v.>rm. Tetter, Old Ulots and Sores, Pim
ples and Blackheads on the face, and all
t-l-in dlsensea. 50 cents.
The first installment of the
State Contest Butter has been
judged, and is now for sale at
our butter counter. It's a very
superior stock of butter; it
scores high. It's all put up in
neat 20-pound tubs.
Price by the tub, per pound 21c
Less quantities, per pound 22c
FrOCh PfTCC All fresh bat dirty, culled out On
I bail LH&J> of our fanny sto:k, per dozen DC
CFfP^h FffO^ Selectei, rall lsrge, clsan, 10 1«
£ I Cell Lggd fresh efts, per dozen.... IZ2U
fvtra P Ql|D':»r 2! Founds of light-colored
(-LAUCI U OUgOl extra C Su^ar fine inn
j - flavor, for $iiUU
Good Table Syrup, per gallon. -22c
Fancy New Cabbage, per head....4c-6c-Sc
Good Lemons, per doz ; 22c
Parlor Brooms, each... 22c
Best Flour, 9S-lb sacks.... .$2 25
B<<st Flour, 49-lb sacks $1.13
Best Flour, 2-H.i-lb- sacks: 57 C
Fresh Wax Beans,'per lb 6c
RICH JAVA AND MOCHA COFFEES.
Freak Rousted.
Hoffman.'.House Coffee, lb 30c
Robal Coffee, lb 22c
Golden Rio and Santos,. 11) ."" 15 C
New Turn i.-:. per bunch 2c
■FftSSH'&EATS' ■'
In our model Meat Market:
Good Rib Roast Beef, per lb.. 12V-C
Bon. less Rolled Roasts. per 1b.... 12tjf
Shoulder Roast Beef, per lb.. . '.'."" "c
Fresh Legs of Mutton, per lb ". i2Vc
Fresh Pot Roasts, per 11» . " $ c
Fresh Boiling Beef, per 1b...... .. " a c
Corned Beof, per Hi ' i e
Stewing Veal; pec lb .'. " S c
Stewing Mutton, per lb "!!"'.!'.' 5 C
A fine assortment; of FrcshtFlsh.
;
ST AWBERBIES
If you w;:nt nlco berries come here, we
make it a point to have the. best kind
in the city. We do not muss them over
and face the boxes with faney 'Ones and
have them underneath very ordinary.
When you see. the tops of our boxes you
Eeem them as.they are. - ;
Good ben cheap today.
F. R. YERXA & CO.
SEVENTH AJTD CEDAA BTS.
1n m strut
SUPREME COL'U'lr:"A¥ #FritMS -rFIRSJ
JUDGMENT-* IX POLK
COUXTV CASE
UNCLE RUSSELL SAGE WINS
Steams County Settlers Must Give
Way to Wall Street Magnate—
Definition of Contribu- •
. tory Negligence.
The supreme court yesterday handed
down eighteen decisions, upholding the
action of the trial court in all but one
of them, which in itself was not of--wide.
spread importance and in which the re
versal of the judgment wat based upon
the exclusion of certain evidence.
One of the decisions which is of im
portance is that by Justice Lovely, in
the contention arising out of the parti
tion of Polk county, whereby a portion of
tile original territory of that county was
set apart as Red Lake county. This di
vision was •onsumriTated tinder a»; act of
1893, whic* beside constituting the new
county, provides that the commissioners
of Red Lake county shall..at onco levy
taxes to pay a pro rata shart of the
Indebtedness of the parent i rgantem of
which it was an off-shoot The bonded
indebtedness of tin- orieinal Polk county
was ?88,000, and the floating indebteil
n< bs $5,M2.57, against which there stood
as an off-Sf-t the couaty buildings which
remained in Polk county as reorganized,
and which were appraised at tne time of
the division at $32,000. Thus far the new
county has not taken steps to defray its
share <f the common indebtedness and;
the decision in effect directs that this
I shall be done. The bonded and floating
j indebtedness, less the appraised valuation
of the Polk county buildings, is to be
apportioned upon the assessed valuation)
of the property in tha respective areas,
whereupon it will become the duty of the
commissioners of the new county to pro
vide by a levy of taxation for its share
of the necessary funds. Upon failure of
Red Lake county to comply with this
order the parent county may compel
such action by mandamus proceedings.
Justice Brown places a broad intorpre
tation on "contributory negligence" In
the personal injury case of lone 11. Rus
sell against the Minneapolis Strt-et Rail
way company. lie affirms the lower
court in refusing, damages or. the ground
that' the plaintiff was guilty of contribu
tory negligence. He holds that If a per
son in ignorance of danger, such as reas
onable care would have made known, Is
injured and there has been a failure to
exercise such care such person is charge
able with contributory negligence to the
same extent as though familiar with the
location of the danger.
By reason of a decision of Judge Lewis
a number of settlers in Steams county
will have to surrender the land which
they have occupied, to the possession of
Russell Sage. The title of this case Is
Russell Sage as assignee of the Hastings
& Dakota Railroad company, against
David Crowl«y and others. The syllabi
in the cases decided yesterday are as fol
lows:
State of Minnespta ex rel Board of
County Commissioners of Polk County,
State of Minnes ita, Appellants, vs. J. C.
L Demich, James Suter, Ole J. John
son and J. B. Herbert, County Commis
sioned of the Red Lake County, Re
v:r,,:nlents.
). \Vhere a municipal corporation is di
vided statutory provisions for apportion
in; the indebtedness of the old and new
districts involve questions purely of leg-
Lslative policy and If not in violation of
any constitutional right are in all re
spects final and must be follow id.
2. Under the provisions of cha;>. 145, a.
L. 1893, providing for the division of
counties arid the organization of new ones
tin liability for the county buildings i 3 to
be exclusively assumed by the parent
county, and the value of the same to be
lainod under statutory provisions
provided therefor is to be deducted from
the indebtedness apportioned between
the counties so divided.
3. Upon the division of the connty In
such cases the bonded and iloating in
elebtnesses of the old county (excluding
the vnlue of the county building) is to be
apportioned upon the assessed valuation
of the property in the two municipalities
whereupon it becomes the duty of the
commissioners of the new county to pro
by levy and taxation the necessary
funds to pay its proportion of the sam^
as it becomes due.
4. I'pon a failure of the new county
to take steps to comply with statutory
requirements to provide for the levy and
taxation to pay its proper share of the
indebtedness of both counties, existing
at the time of admission, the parent
county may compel its officers to do so
by mandamus proceedings.
Judgment reversed. —Lovely, J.
In re Guardianship of "William P. La
. Plant and Frederick La Plant —
Chadwlck proposed guardian. Respond
ent, vs. Alvena A. Dunham, Appellant.
1. In proceedings Instituted upon the
petition of the testament-a'i y guardian for
his appointment to that trust, the next
of kin appeared and objected to such ap
pointment, also filed a petition setting
forth that such testamentary guardian
was not a suitable person to discharge
the trust. A determination by the pro
bate court In such a case that the guar
dian is competent and suitable is review
able and upon proper appeal being taken
is entitled to be heaVd upon its merits
in the district court.
2. Where an effort is made- in the pro
bate court, upon petition of next of kin,
to prevent the. testamentary - guardian
from executing his trust and the probate
court decides that he is competent and
.suitable, upon apeal from such order the
question of such guardian's right to act
further may ba considered and" the dis
trict court may permit an amendment
of the petition of the next of kin, if
necessary to enable the question to be
fully determined, whether such testa
mentary guardian should be removed.
Ordered reversed. . —Lovely, J.
T. Sylvester, Appellent, vs. Winston-
Holasek and Mark Holasek. . ..*u =.
1. The owner of land who has contracted
to sell the same may terminate the rights
of thte purchaser for deferred payment
under chap. 223, G. L. 1897, which requires
service of notice so provided for therein
stating the time not less than thirty days
from such service when rights of the
purchaser under the contract will be
cancelled.
2. Where no notice has been properly
served as required by the terms. of the
statute and the time to be relieved from
defanlt has passed the purchaser's legal
right to pay the amount due on the same
is terminated,, and a tender thereof after
such time will r.nt" be of avail.
8. Where a bank check has been ten
dered to the wife of the contractor in
such case, who in the absence of her
husband accepted it. and the : husband
seasonably returned the same to j the
agent of whom it was received the ac
ceptance of the check by the wife did
not constitute a waiver of such deferred
payment nor reinstate the purchaser
to his former legal rights ' under the
COil LiclCC •
Order affirmed. —Lovely, J.
Nelson Reeves, appellant, vs. Backus-
Brooks company, respondent
1. The rule of law as to the rights of
a riparian owner to use the water be
tween his shore line and the, navigable
channel, of a river, laid down in Brisbane
v. Railway company, 23 Minn., 114, and
other cases, approved'and applied to the
conceded facts in the case at bar
2. All persons having lands on the
margin of a flowing stream have, by na
ture certain riparian rights in the water
of that stream, whether they exercise
these rights or not; and they may begin
to use them when they choose. • • •
It matters not how much the owner of
land upon a stream, has actually used
the water, or whether he has used it at
Mr«. Wiusiom, Soothing Syrup
Has been used for over FIFTY" yp.arh
LRr^N^T°r F T MOTHERS.fo^thS
CHILDREN WHILE TEFTHTXO wJrti
mT^^ « SOOTOE8 Wt£
CHJX.D. 1 SOFTENS th* GUMS ALH7S
all PAIN. CURES WIND ODLici^
the beat remtcly for DIARRHOEA. Sold
by druggists In every part of the world.
» sure and aak for "Mrs. Window's
Soothing Syrup/ and take •no other
kind. Twenty-flve cents a bottle •
THE ST. PAUL GLOBS, SATURDAY, JUNE 1, 1901.
all, his right to it remains unaffected for
any period of time.
3. Held, that the lower court erred
when upon the ground that plaintiff rhad
failed to establish his rights to recover,
it dismissed the case, and also erred
when it denied plaintiff's motion for a
new trial. Order reversed.
—Collins, J.
Horace A. Waggoner, appellant, vs. S.
H. Preston and Anton Stucky, co-part
ners as Preston & Stucky, respondents.
In a forcible entry and detainer action
the complaint alleged a tenancy from
month to month, and that defendant's
lease war? terminated June 19th, 1900, by
notice duly served.
The answer denied the fact of service,
and this was the main and material is
sue on the pleadings and at Jthe trial.
In the notice actually served and pro
duced in the evidence, the termination
of the tenancy was specifically desig
nated and fixed as of June 1.
Held, that there was a total failure of
proof on the part of the .plaintiff, as to
the service of a sufficient notice to va
cate and surrender the leased premises.
Judgment affirmed. —Collins, J.
In re guardianship of Morris Levl, Merrie
Levi, respondent, vs. Isidore Longini,
guardian, appellant.
1. A probate court has authority to
set aside the annual order allowing a
guardian's final account obtained through
fraud, and to re-examine the same as if
no such order had been made.
2. The fact that consent by the ward
to such allowance was procured through
the aid of a written consent and acquit
tance obtained from the ward, after his
majority, does not prevent the probate
court from examining such -order and it
may disregard such written consent and
acquittance, If the same were procured
by fraud, and examine such account de
novo. Order affirmed. —Lovely, J.
Ames-Brooks company, appellant, V 3
Aetna Insurance company et al., re
spondents.
In an action for damages for the breach
of an alleged contract to insure the
plaintiff's grain cargoes at stipulated
rates, held:
1. That the contract is not void be
cause uncertain in its essential terms.
2. The mutual promises of the parties
are a sufficient consideration to support
the contract, distinguishing Bailey v.
Austin, 19 Minn., 535, and similar cases.
3. The evidence tends to establish the
making of a valid contract, hence the
trial court erred in dismissing the action.
Order reversed and a new trial granted.
—Start, C. J.
American Electric Company, a corpora
tion, vs. E. E. Clark., as receiver of
Benton Power and Traction Company, •
and C. M. Hertig, respondents.
The rule applied that this court will
not reverse an order granting a new
trial unless the evidence Is manifestly
and palpably In favor of the verdict.
Per curium.
Azella Smith et al., appellants, vs. George
T. Barret al., respondents.
In an action to set «aside a sale of real
estate by an administrator on the ground
of defects in the sale proceedings and ot
fraud in making the sale, held:
1. Where an administrator is licensed
to sell the land of his intestate by a pro
bate court having jurisdiction of the set
tlement of the estate, and which appoint
ed him, it is immaterial in an action to
set thf> sale aside whether there was or
was not a proper petttion for the license.
2. All of the essentials of a valid sale
required by General Statuses 1894, sec
tion 4612, were substantially complied
with in this case.
3. That the findings of the trial court,
to the effect that there was no fraud in
making the sale, is sustained by t'ne evi
dence. Judgment affirmed.
-Start, C. J.
lone H. Russell, appellant, vs. Minneap
olis Street Railway Company, respond
ent.
In a personal injury action it Is held:
1. That the fact that plaintiff had no
prior actual knowledge of the location
of, or the danger causing her injury, is
not conclusive that she was not guilty
of contributory negligence. The rule in
such cases is, that if the person has no
actual knowledge of the danger causing
the injury, and could not, by the exer
cise of reasonable care, have discovered
It, he cannot be said to be guilty of
contributory negligence. But, if ignorant
of the danger, and the exercise of rea
sonable care would have made It known,
and there be a failure to waive ';~.*h
cafe,' he is chargeable with such negli
gence, and to the same extent as though
perfectly familiar with the location and
danger.
2. Evidence examined and held (a) to
show conclusively that plaintiff was
guilty of contributory negligence; and
(b) that such evidence does not show a
failure on the part of the defendant to
exercise reasonable and ordinary care to
avoid plaintiff's injury, after discovering
hf-r in a position of peril. Order affirm
ed. —Brown, J.
Mary Larson, appellant, vs. August
Johnson ana Ole N. Mausten, respond
ents.
1. In an action in replevin In a justice
court, where plaintiff recovers, but has
not obtained possession of the property,
judgment should be in the alternative
; for the return of the property or its
I value. But the fact that It is not so
: rendered is not reversible error. The
district court should in such case, on ap
peal on law alone, where plaintiff's right
of recovery is shown, order the entry of
the proper alternative judgment.
2. Evidence examined and held to sus
tain the allegations of the complaint rela
tive to plaintiff's ownership and right to
the possession of the property in contro
versy.
8. Certain alleged errors occurring in
the justice court considered and dispos
ed of. Judgment reversed. —Brown, J.
Deering Harvester Company, appellant
vs. C. Molheim and J. J. Harder, re
spondents.
1. As part of the consideration for the
note, sued upon in this action, plaintiff,
I payee, agreed to deliver to the defend
ants, payors, a certain machine, and fail-
I ed to so deliver. In their answer to the
complaint herein defendants aJlegeu a
total want of consideration for the note.
At the trial the court below charged the
jury, to the effect, that if, as part of
such consideration, it was agreed by both
payee and payors that this machine was
to be delivered to the latter, and there
i had been no delivery, the jury would
i have the right to deduct from the amount
■ due on the note the value of the machine
| as of the time it was to be delivered,
j Plaintiff's counsel took no exception to
this part of the charge.
Held, under these eirewmstancc-s. that
it was immaterial whether or not under
an allegation of total want of consid
eration, it was insufficient to prove a
partial want, or failure, of consideration
as a defense to the note.
2. Held., th^it the testimony was suffl
i cient to sustain the finding of the jury
j that the machine in question was at
i least, equal in value to the amount due
| upon the note at the time the action was
i tried.
3. In order to interpose the defense !n
question, it was not necessary for the de
fendants to first demand a delivery of
the machine to them. Order affirmed .
' —Collins, j]
Russell Rage, as assignee in trust of the
Hastings & Dakota Railway company
respondent, vs. Dave CfSwley (four
other cases), appellant.
Under the act of congress of July 4
1866. the Hastings & Dakota Railway
company completed its railroad within
the time as extended by the Minnesota
state legislature. When the road was
finally completed, there was found a de
ficiency in th» primary limits of about
5W.000 acres, and only 70,000 acres availa
ble to the Indemnity limits to make up
the loss, therefore all the lands witlvn
the indemnity limits were selected. After
such completion and selection, the com
pany's franchise was forfeited by a
judgment of this court, but within the
three years provided by section 3431, Gen
eral Statutes 1594. because of inability to
otherwise dispose of its property the
company transferred it to the respond
ent, in trust, for the benefit of its stock
holders. Held:
1. That appellant, who entered upon
a part of the lands after they had been
withdrawn from settlement and after ths
lands had been earned by the completion
of the railroad, Is not in position to at
tack respondent's title.
2. The acts of congress of Sept. 20, 1R99
and of the state of Minnesota, by chapter
16."). Laws 1595, did not affect respondent's
title in such lands, the same having been
earned by the completion of the road
3. The transfer of the lands to re
spondent. In trust, was a valid disposi
tion of the lands, as provided by section
3431, General Statutes 1894,
4. The complaint states a good cause
of action. Order affirmed. —Lewis, J.
The Dispatch Printing Company, a cor
poration, appellant, vs. William George
as receiver, respondent.
A tripartite agreement between a cer
tain business firm, parties of the first
paJ?', a Party of the second part, and
certain creditors of th« firm, parties of
the third part, provided for a transfer
of the business and property of the firm
to the party of the second part, In con-
slderation of sihe payment of all of the
firm s debts by the - second party. The
agreement „ further provided , for the ■* fu
ture coquet of the bnstness.under a pow
er of attorney, for the benefit, of the par
ties of the third part and all other cred
;V°,r^ Df" the flrm- and the Parties of the.
third part were also authorized to sell
and dispose, of the business if it should
fail to pay their claims In the manner
stipulated, and any balance remaining
after payment of the firm's Indebtedness
to be paid over to.the party of the sec
ond part. •' • -■;-, . -..;;«•.„. -::•■■
-Thereafter, in an action commenced by
the parties of the third part to secure
possession and sale of the business and
property, a receiver was appointed, who,
under .the court's direction, made a sale
thereof. • >V - ,■. - ■ •. • »••.*•
' Held: - In an action against such 're
ceiver by a creditor of the firm who was
not a party to the agreement, and in
ignorance of ,it , and .of the , transfer of
the property, that the agreement, upon
its face, was not ■» fraudulent as to the
creditors not a party to, It. Order af
firmed. r r 7->'iJ,~l& —Lewis, J.
In the matter of the estate of James J.
Little, deceased, Robert Little, propo
j nent respondent, vs. James J. Little. Is
abella Little. Willi-m H. Little > ani
.„ Elizabeth „ Johnson, .contestants, appel
lants.
1 In an action brought to test the valid
ity of a will upon the ground that the
same had been executed by the testator
when of unsound, mind and under undue
influence exerted over him by the prin
cipal devisee. ■■■ °-- "■-' \.. .., :.
Held, that the findings of the court are
supported by the evidence, to the effect
that the testator was of sound mind and
that no improper- influence was exerted
to induce hint to execute the will in the
manner, he did, and that, the will, was -■
properly executed. Order affirmed, .
']'- ' ""■■ ■•• .■ ■•■ '-. ,• " —Lewis.. .1. ..
The J. R. Watkins Medical Company, a I
corporation, appellant, vs. J. H. Sands I
S. G. Sands and Smith McHugh. dj- !
ing business as partners under the firm
name and title of Dr. Ward's Medical
Company, respondents.
1. A name, device or symbol cannot be
adopted as a trade* mark unless it ex
presses and identifies either the origin or
ownership of the article to which it re
fers.
2. Words merely descriptive of the
character, quality or composition of an
article, cannot be monopolized as a trad;,'
»iark.
8. The exclusive right to a name, title
or device as a trade mark is founded
upon priority of appropriation.
"4. The words, "Vegetable, Anodyne
Liniment" cannot be utilized as a trade
mark, as they are merely descriptive of
the character or ingredients of the ar
ticle
5. A medical prejja ration may be used
and manufactured by anyone who law
fully and in good faith acquires knowl
edge of its composition, and such person
may publish the fact that the product i 3
manufactured in accordance with the
original formula, and the fact that such I
preparation has become popularly known
by the name of a certain person gives
no exclusive right to anyone to appro
priate the name as a trade mark. Fol
lowing Watkins vs. Landon et al., 52
Minn. 3«0.
6. Evidence examined and held to sup
port the finding of the court that de
fendant, J. H. Sands Sr.. came lawfu'ly j
and in good faith into possession of a i
certain medical formula, together with j
labels adapted to Its advertisement and
sale, and that the defendant, J. H. Sands
Jr., lawfully and in good faith acquired >
knowledge of such formula and labels.
•7. Held further, that the evidence sup
ports the findings of the court to the ef
fect that defendant. J. H Sands Sr., law
fully used the -words "Dr. Ward's" In
connection with the manufacture, adver
tisement and sale of such formula, prior
to the time the same, were used by plain
tiffs grantor. J. R. Watkins, and that at
the commencement of this action J. H.i
Sands Jr. was lawfully entitled to use'
such name in connection with the manu- '
facture, advertisement and sale of th.^ j
formula. Order affirmed. —Lewis, J
James J. kittle, Henry H. Little et al.,
appellants, vs. Robert Little. Ella Lit
tle, his wife, Harry Vroman, Eliza
Smout et al., respondents.
In an action to set a?iJe conveyances
executed by James J. Little, deceased,
upon tUe ground that the same were
without consideration, evidence exam
ined, and held, that the findings of the
court to the effect that the deeds were
valid and upon sufficient consideration
I were supported by the evidence. Order
! affirmed. ._T yOW ; s j.
C. A. Benson, respondent, vs. Port Huron
Engine and Thresher Company, appel
lant.
In an action by a purchaser to recover
damages for a breach of warranty in
the sale of a coal-burning engine with a
straw-burning attachment, it appeared
that the engine as a coal-burner was a
complete machine, irrespective of the
straw-burner. The measure of damages
was the difference in value, for aiv pur
pose, between the engine delivered and
the combination sold, had it been as war
ranted.
Held, that it was error to reject testi
mony tending to show the value of the
engine, independently of the straw-burn
ing attachment. Order reversed.
—Lewis, J.
OLD FORTY=N!NERS.
MIXXBSOTA'S E£tRXXE3ST SETTLERS
MEET TODAY AT CAPITOL..
The Old Settlers' Association of Min
nesota will meet in the rooms of the His
torical Focicty at tlie capiitol building to
day at noon, The members of the
association are the real pioneers of tho
state, for no one is eligible to be a mem
ber unless he came to Minnesota before
Jan. 1, 1350. In other words, he must be
a forty-niner, so-called. The association
now has only about forty names on Its
lists, for tho ranks have been thinning
out considerably the past few years.
Many o.f the old-timers are out of the
state also and for this reason it is not
expected that more than twenty settlers
will be on hand when tho meeting ia
called to order. Isaac N. GoocVnue, of
Minneapolis, is president of the associa
tion but, as he has been ill for many
weeks past, it Is expected that "W. H.
Tinker, of St. Paul, who is the first vice
president, will preside in his idace.
The first tiling on the programme will
bo the reading of the minutes of'the pa-rt
meeting. After this has been done,
deaths during tlx* ; ear will be reported.
Then the settlers will repair in a body
to the Merchants' hotel'for their annual
dinner. While thte is in progress stories
of the old days, of course, will be in
order. The Merchants' hotel has been se
lected for tho occasion because It is on
the site of the old Merchants.
The most prominent figure at the ban
quet naturally will he former Gov. Ram
sey. He would not) miss the "annual
blowout." Others w?io are sure to be on
hand are A. L>. I-prp^nteur,, S. Folsom,
3. B. Chancy, W. P. Murray. The stories
that will be heard today will be of In
terest. The settlers are bound to live
through again one day of the past each
year.
A Mother's Milk
may not fit the requirements of her own
offspring. A failing milk is usually a
poor milk. Borden's Eagle Brand Con
densed Milk has been the standard for
more than forty years. Send 10c. for
"Baby's Diary," 71 Hudson St., N. T.
Refuse to Consider a Claim.
Last October William A. Morgan, a
fourteen-year-old boy, fell through the
"VVabasha street bridge while the struc
ture was being repaired. He presented
a claim for $10,000, but the committee on
claims yesterday refused to recognize It.
an opinion being received from the legal
department to the effect that the city
was not liable.
Twin', City Turners' Picnic, Russell
„-.:. ■ -„.- Bench, June 2. __...'' _
The Turners are famous for their suc
cessful picnic. The Northern Pacific trains
leave St. Paul 3:45, a. m. and 2:00 p.m.;
Minneapolis 8-:25 a* m. and 1:20 p. m.; re
turning leave Russell Beach 4:45 p. m.
and 7:30 p. m. and 8:30 p.- m., June : 2Q.
Grand athletic and gymnastic exhibition.
Secure tickets from the committee. "
CASTOR IA
For Infants and Children.
The Kind You Have Always Bought
Bears the y7^ _y/&77 m~~jL~
Signature of (^U^/jf/&&U&4
r^ . ; ■B^ w \J I\J I I K4W
MIJVN'EAPOLLS BUSINESS MEN EXER.
OISBD OVER ORDER RECEIVED
FROM WASHINGTON.
APPROPRIATION IS TOO SMALL
Though Work on Lock No. 2
Still Continues, a Long; Delay
Appears to Be In
evitable.
Minneapolis business jnen are much
disappointed over the order received from
the war department ordering that all
work on dam No. 2 be suspended until
farther orders. This suspension drx?y not.
however, apply to the lock, which will
be completed this season. So far as can
be leiwned, the reason for the delay is
that the engineers have reported that
the work cannot be done within the esti
mate, and the chief engineer at Washing
ton decided to do nothing until congress
has taken action.
From the present outlook the work of
finishing the dam will ! c delayed for
another year, unless sufficient pressure
can be brought to bear upon the depart
ment, from Minneapolis." The board of
trade committee on navigation, which
has done much toward twitting the im
provement, will probably forward a re
monstrance to the secretary of war, urg
ing him to grant permission to prooeed
with the coffer-dam, with the fan Is
already on hand, fn this, th« committee
will be somewhat handiraped by the ab-
S< nee of Congressman Fletcher, who Is
in Europe, but the task of lii jrlng the -Je
partment to expedition in the ma".
constructing the dam will be under, ak-n
by the committee and other Ihfl v
citizens. Ma.i. Lockwoorf, who has be-n
in charge of the work, until his removal
to Washington, knows of n<i good season
for a delay. a«d In a tele-graphed I
view yesterday he says that the
sufficient money to go atarad with. .in 1
tha-t so far as he knows the property
rights aro all in gcod shape.
For tho completion of lock and darn Xo.
2, the original estimate, made in 1594, by
Capit. McKcnzie, of the bureau of en
gineers was $598,000. Of this amount
$400,000 was intended for the lock, and the
remaining ?ir>S,ooo for tha dam. For the
lock the appropriation is ample, but ex
pert engineers do not think the dam can
be completed for less than $225,00*). Tiiis
has not lieen due to any change in the
plans, although slight modifications have
been made, but to an increased cost in
the price of materials, and In a difference
of opinion among engineers as to what
tho work should cost.
The engineers in charge had intended
to build this cofferdam this fall during
the low water, so that active work on
the dam itself could be bf<?un next
ppring. The war department order <v< n
postpones wurk on the cofferdam, and
should congress grant the necessary re
lief next winter, even then it could be
deferred till late in the summer, as hiyrh
water in the spring makes it impossible
to construct a cofferdam without great
cxpensD. Some piling was driven for the
work last fall, but nothing has been done
th'.s season.
The structural iron work for the lock
is on hand, and in about ten days the
crews will begin to put it in place. "The
lock will be completed without extra ef
fort this summer and fall, but will He
iiselps for about two years, until the dam
is finished. There is no question that
congress will raise the limit placed on th»
cost, as a refusal to do so would only
mfan that the expensive lock must He
idle indefinitely.
NURSES OF ST. LUKE'S
EIGHT YOt'\G WOTVIEX ARE GRAD
UATED L.AST NIGHT.
The eighth annual graduating exer
cises of the nurses of St. Luke's hospitil
was held last evening in the guild raoms
of Christ church. The e'ght young wom
en who received diplomas occupied seals
on the platform and looked exceeding'y
attractive in ttieir nursrs' uniform of
Wue and white-striped flr'ngham with
white aprnns and caps. The only sug
gestion of the "sweet girl graduate"
about the self-poised and alert-looking
nurses was the bunch of liiies of tho
valley that each one carried. On the
platform with the nurses were Dr. C.
D. Andrews, of Christ church; Archdea
con C. E. Haupt, Rev. Theodore Sedg
wlck, Dr. Charles L. Greeji and Mrs. J.
B. Hoxsie, president of the board of man
agers of St. Luke's hospta 1.
The commencement exercises were ex
ceedingly simple. Mr. Sedgwick said the
prayer, the choir of St. Paul's church
sang and then Dr. Greene delivered a
brief address. He saM that the veTy
name "St. Luke's hospital" showed how
far back extended the custom of caring
for the siok. During the life of Christ
on earth such work received a new impe
tus and hospitals have multiplied ever
since. Caring for the sick was applied
Christianity. There could be no higher
mission on earth.
Dr. Greene stated that the words of
the high priest addressed to Christ on
the cross: 'He saved ethers, Himself He
cannot save," had a deeper significance
than most people thought, for he who
would save others cannot save himself—
he must sacrifice himself.
Rev. C. E. Haupt presented the diplo
mas to the following graduates: Miss
Clarke, Bralnerd, Minn.: Miss WeddeJl,
Duluth, Minn.; Miss Monk, Toronto,
Ont.; Miss Hoaig, Eau Claire. W;s.; M-s
Fuller, St. Paul; Miss Heath, Gardner,
N. D.; Miss Moellering, Henlerson,
Minn.: Miss Hopkins, St. Pa*.
Following the exercises a reception
was held. The guests were received : y
Mrs. J. B. Hoxsie, Mrs. Oliver Dalrym
ple, Mrs. Hiram F. Stevens, Mrs Horst,
Mrs. W. N. Cumbey, Mrs. Bayard.
Perkins, Mrs. Williams, Mrs 1. Howes.
Refreshments were served by the women
of St. Luke's Society of St. Paul's
church.
FUNDS OF THE STATE
TREASURER'S MONTHLY REPORT
SHOWS BALANCES OX HAND.
The report of the state treasurer for
May shows the condition; of the various
funds at the close of business yesterday
to be -as follows:
Revenue fund $574,486.46
Soldiers' relief fund * 23,805.81
Funding tax fund 35,319.31
Permanent school fund . 265,744.21
General school fund 2,905.91
Permanent university fund .... ~ 24,856.73
General university fund 575.63
Internal, improvement fund .... 20,387.41
Internal improvement land
fund' .. 44,802.43
Internal Improvement land
fund interest 2,537.29
State institutions'fund ...- 25,743.01
State institutions fund Inter
est .. 5.G98.55
Swamp land fund ........."»...... 29,550.62
Grain inspection fund 17,274.03
Total $1,176,725.
- . a*. ,—
Bids May Xot He Called For.
The state board of control yesterday
received from Atorney General Douglas
an opinion to the effect that the Pioneer
Press Printing 1 company Is entitled, un
der Its existing contract for the state
printing, to do the printing: of the re
quired blanks for the several state in
stitutions. This embraces all of th«
printing for the state under what la
known as Class 5 and includes all
blanks required for the executive and
legislative departments. such .as' statis
tical reports, requisitions, etc., which
may pass between those departments
and the controlling body. The contract
of the Pioneer Press Printing company
will expire July 31, but as the board will
find it necessary to have at least a por
tion of the printing before that time In
order to be , prepared to actively. enter
upon its duties on Aug.: 1, It -may be
found obligatory _ to order from that
.company. : •
'.^ ==rSUk_Hsadquaxtsrs of ths Nor!Lw«;i „..-.- Globe—6-1-1901.
t^v^_.. . Sixth and Robert Sts., St. Paul, Minn.
Sixth and Robert Sts., St. Haul, Minn.
EF~Recc2r.iz3d Fashion Loaders In C'.osks and Costarr.as.
Quick Selling Saturday Specials
We are told : that a good advertisement should contain 50 per cent of
news. . This should be a doubly good advertisement, then, for the prices are
all —and much less than elsewhere.
.: ...[ ;... FASSO CORSETS-All the new -tyles-no old goods here.
Ladies' and Children's Jackets
We have a few more Jackets than we need. - You can have your choic
at a price much less than we paid for them.
.Ladies' Jackets worth $12.50 and $15. Your choice <fly pa aa.
Saturday for only . ■ • " lL^ flfl
ivP^oW
Ladies' $20 and $25 Jackets for _ # $7 53
Ladies'- Silk Jackets; $30 and $40 values " '.'. '.'.'.". V. . $ % §'©G
Children's Jackets, $12.50 and $15.00 values. .. . * T7*SO
The $8.50 and $10 ones f0r.... . " ' «4."«fl
The $5.00 and $7.50 ones for f'.', .'.V.V.V.V.V $2 J?Q
Ivu
FASSO Corsets—all new stybs—no old goods here. ""'
White Goods,
9
Saturday extras.
2000 yards of white striped re jh _
Madras, assorted patterns, 23 \J ft*
inches wide, 30c quality, for. . . a£ V
100 pieces of white India sgfl A
Linon, 32 inches wide, 15c qual- 13 2C*
ity, for II V
Attend to Fur Repairs Now.
Corset Economy.
C. B. Corsets in fancy Madras, low
bust and low hip, straight front, also
the W. B. . Corset in .*[% eg a a ;
netting and batiste, for tL|§- C!^C!»
only SPI^VV
Children's Double V and ABB -_
Ferris Waists, the 50c kind. jP*^a~
for Jn&K
siirniiiiiis
BOARD OP PUBLIC WORKS' RE
PORT SHOWS-CITY HAS
6,47»
MORE GAS THAN ELECTRICITY
Plain Gas Humors Are Ilelngr Rap-'
idly Superseded bj- the Incan
descent Type anil by
Arc LliilitH.
According to the seml-annua.i report of
the iboard of public works, which will
be completed In a few day.s, bearing on
the city's street lighting service, St. Paul
Is now credited wiih 5,47'j street lamps.
Like all cities with an abinriance of
suburban territory, there is naturally a
preponderance of gasoline anl'gsn lamps,
the former, however, having been mate
rially reduce*! over laat yc-ar by what :s
known as incandescent gasoline lights.
ThK.se, by reason of their increased can
dle power, take the place of two
plain lamps.
Of gasoiine lamps St. Pati! is cr
with 2,508, 2-10 of whun an- the incan
descent style; gras lumps, 2.5j1, and elt-c
--trtct lamps 420. The latter are all of
the arc pattern.
In the distribution of these lights the
Seventh ward has ibeen favored in re
spect to gas more than any other ward
in the city. Here there ar^ to be found
916 lamps tha.t use gas aa an illuminant,
the majority of the burners b'dng of the
incandescent style. The other 24 of the
lamps in the ward use gasoline. Of
electric lights there are none in the en
tire ward.
In the distribution of electric lights of
the arc pattern, ths Fo-irih ward leads,
it having SO. Of gasoMne there are only
3, while the number of gas lamps Is given
at 2S.
In the Eighth, Tenth and Eleventh
wards gasoline is In the lead, the lar^e
territory to be covered necessitating Ha
use because of its cheapness, in th*
Eighth ward there are KM gas lamps, 367
gasoline lamps, 163 incandescent g\
lamps and S<s arc lights. In
the Tenth ward 63 gas lamps and 343 gas.
oline laimps. In the Eleventh ward there
are 206 gas lamps and 819 gasoline limps.
In the latter two wards it will be seen
that electricity finds no pliu-e as an il
luminant. In the remainder of the war-Is
the distribution of the lights is as fol
lows:
First, gas 395. gasoline 30"), incandes
cent gasoline 2.3 an 1 arc 3*!: Second, gas
145, gasoline 220. in:an lescent g,isoll::e
54 and arc 49; Third, gas G6, gasoline 4
and arc 78; Sixth, gas 154, gasoline 2!>3,
incandescent gasoline 30 an Fifth,
gas 169, gasoline 271, incandescent gasoline
27 and arc 2S; Ninth, gas 171, gasoline ICS,
incandescent gasoline 36 and arc 45.
The figures furnished show that gas 'a
in the lead as an illiminant, 'but it the
intentions of sonw of the morabers of the
council hold good, two years from now
will see the city in possession of Its own
lighting plant, and in that event elec
tricity will b,» in the lead.
The city in placing its last contract
for gasoline lamps specified COO incandes
cent lamps and only a i.art of these have
been Installed. When placel, each of
them will cause the removal of two of
the plain lights.
POLICE ' COURT NOTES.
Charles Hoffbauer, the mute who was
arrested on a charge of stealing fruit
from a stand near the Wabasha street
bridge, was yesterday discharged in the
police court.
Hartley I,arkln and Joseph Saba, who
were arrested by Patrolman Hanft for
fighting at South Robert and Falrneld
avenue Tnursday night, were charged
with disorderly conduct in the police
court yesterday. Larkin was fined $10
and Saba was discharged.
Warden Haynes and William Marth,
colored barbers, who were arrestad for
violating the stata llcenso law, were dis
charged, in the police court yesterday.
They explained that they were strangers
and knew nothing of the law. As soon
as they were enlightened they took out
licenses.
The monthly report of Desk Sergeant
Wright shows that at the central station
there were 229 arrests. Of the prisoners
forty-five were women, and seventy-five
were married. -
The report for the month of May of
George Dix, clerk of the municipal court,
shows that $1,5*51 were paid In fines ar#d
eighty-seven prisoners were sentenced to
the workhouse, the aggregate number of
days being 1,965.
New Service to St. LoaU Via "The
Milwaukee" Line.
Commencing Sunday, May 19, th e C
M. & St. P. will inaugurate through
sleeping car service between the Twin
Cities anfl St. Louis.
The sleeper will b« carried dally on the
train leaving Minneapolis 7:50 a. m and
St. Paul 8 a. m., arriving St. Louta 7
o'clock following morning.
The route la via C, M. & St. P. lowa
Central and Wabash railways, making a
very direct line—passing through a very
interesting portion of the country.
Cf ug Sundries.
Bargains that knowing ones will appre
ciate. For today only.
Tooth Brushes, extra fine «a.
quality, many worth up to 25=. B£%j^
Extra special I \£r
Borlne Tooth Powder, the m a
25c kind. Extra special, per Eft/iff*
can 1 W
Sorine Mouth and Tooth mA ■
Wash, the 25c size. Extra § / £>
special, par b0tt1e........ .. I£a -*y
Oat Meal and Spermaceti £* am
Soap, In bars. Special, 3 £ *^^
bars for AVV
Z^f^We have on display in this depart
ment a complete assortment of Mrs. Ger
vaise Graham's Celebrated Toilet and Hair
Preparations. A sample of the "Eugenic"
Face Powder free today.
IlKfii 8111IKI
FIRST CASK i m)i;k nkw .\<K\-SLP
PORT LAW CO.MJ;<S TO ATt
ABRUPT FINISH
WIFE WITHDRAWS HER CLAIM
Inform* the Court That the Reault
of the Prosecution Would He
More Severe Than
Anticipated.
■
Schott, brought by his v to an
vis. in me
jury I
on the stand. Assistant i
O'Neill v..
and Aii. rney \V. .1. Su] Ivan was tcftni
inar Schott.
Mr.-; Schott hrul answered but a few
(Hiestiona, when Mr. Sullivan made a m •
tion to have all of her testimony stricken
out on the ground that It was ' n rary
to the laws of this state for a wife to
testify against her husbanl. Tl fa motion
was denial, and Mr. Sullivan followed it
up by objecting: to the; Introduction <f
any testimony by the complaining wit
ness against Tier husband. The c mrt
overruled the objection. It was at, thU
point of the proceedings that Mrs. Scfcott
commenced to answer the questions put
to her by Mr. O'Neill ln- a
way that clearly Indicated sho
not want to prosecute the case.
Mr. O'Neill, on noticing tin.*, asked
her If she had changedi her mind about
prosecuting her husband. She answered
the county attorney, that when she 1) -
gan to prosecute the case she did not
think It would be lia.blo to er.'-i in the
way It would if prosecuted. She gave
a number of other 'excuses,- and Mr.
O'Neill promptly stated (•. the court that
the prosecution had been taker, by -sur
prise, and asked that th* case he dis
missed and the indictment rioll«3. Ha
motion was gran-ted, and the ca=:e rrder
ed dismissed by Judg-o Lewis.
This Is the first Case to coma foefora
the district court under the new law
making it a felony to neglect to support
a wife, and the result of th« cas .* v.mss
being watched with Interest.
Veteran plain Retires.
Capt. G. L. Wir.slow, one of the best
known navigators on river waters, be
tween New Orleans and St. Paul, has
retired. He lives at La Crosse, and for
upwards of twenty-five years command
ed the Beaver packet.
STATE FEDF.RATIOM OF 1..U10R,
Mankato, Minn., Jaue 1O and 11th,
1901.
For this meftinpr the Chicago Great
Western Railway will, on June 9, 10 and
11, sell excursion tickets to Mankato,
goofl to return June 12th, at a. faro ;.nd
cne-thlrd for the round trip.
For further information apply to J. N.
Btorr, City Ticket Agi^nt, corner Fifth
end Robert streets, St. Paul.
Feeling
Poorly?
That's often the case this
time of year. Hardly sick
enough to have a doctor, yet
miserable all the time.
Of course, if you are right
hard sick, you should call
your physician at once. Even
now that you are only half
sick, why not ask him about
your taking Ayer's Sarsa
parilla this spring?
He knows it's the strong
est, safest, purest, and best
Sarsaparilla you can buy,
and he will probably tell you
that for general debility and
nerve exhaustion it is the
best thing you can take.
SI.M a bottle. Alt dru«l»t».
3. C. AY£fi CO., Lowell, Mar