davidaulloa/AmericanStories huggingface dataset:
Daily globe., 1879-03-18

A DECISION of great Importance was rem
dered in the United States court in this city
yesterday, as it affects to a great extent the
manufacture of -four by the famed patent
process. The case was an agreed one be-
tween the patentees and Mr.. Christian, of
Minneapolis. Judge Dillon rendered an
opinion, which is printed elsewhere, in which
he decides that the patent does not apply to
the process ordinarily adopted in the manu-
facture of -four and the publication of
middlings, and that therefore the reissue OF
the patent is void.
Daily globe., 1879-03-18

MIR. PATrERsoN's assertion to Washing
ton correspondent that he had been granted
full immunity for the offenses he has COM
mitted against the people and the State of
South Carolina turns out, of course, to be
false. The legal officers of that State have
neither the power nor the authority to grant
such immunity, and if MIR. Patterson re-
turns to the State he must expect to stand
his trial for the corruption Of which he has
been proved to be guilty.
Daily globe., 1879-03-18

a.few electors, can usurp the Presidential
Office in defiance Of the expressed will Of the
majority Of the people. What, under such
circumstances, does our boasted republican
ism amount to? It is naught but broad
farce. Something to remedy the evils that
already exist and to prevent the recurrence
Of such outrages upon the public will have
to be done in the near future, and, therefore,
if Congress, at its extra session, shall under
take new legislation of any sort, it cannot
more proftably employ its time than in the
discussion and perfection of some measure
which shall lead to reform of our electoral
system.
Daily globe., 1879-03-18

SOUTHERN paper thinks there is no dan
ger to be apprehended from jeff. Davis now;
he belongs to the past, not to the present.
True enough, but why in the mischief
doesn't he stay in the realms of the past in
stead of inhicting himself upon the present.
He's almost as bad as Banquo's ghost-com-
ing when he is not hidden to the feast.
Daily globe., 1879-03-18

The agony is over. After all the talk
about the rebel brigadiers capturing the
Fortysixth Congress, Mr.. Randall was re-
nominated as speaker of the House on the
first ballot. This has been foregone con-
cluson to close observers for some time
past, and the only significance it has is that
the Congress that assemblies to-day does not
propose to repudiate the acts of the Congress
that dissolved on the 4th inst AS Presi-
Dental straw, however, there is meaning
in the act. 1t shows the preponderating
strength of the Tilden element in Demo-
cratic councils. There was no acrimony be-
tween the Northern and Southern wings
of the party on sectional basis, but the
only real contest was between Tilden and his
opponents. Mr.. Tilden triumphed, and is
several stages nearer the White House than
he was previously. ..
Daily globe., 1879-03-18

ST.. PArRlok's day in St. Paul was OBJ
served with decorum. There was nothing
in its observance that could offend any citi-
zen. The day began with devotions and
ended with merriment, and even the saint
himself, if he were here, could find no fault
with the manner in which those who honor
him testified their respect to his memory.
Daily globe., 1879-03-18
OUR ELECTORAL SYSTEM.

If Congress, at it's extra session, shall at
tempt any legislation besides the passage of
the appropriation bills that failed in the
Forty fifth Congress, we would suggest that
something be done in the way of regulating
the manner of choosing President and
Vice President. The present system was
adopted while the country was young and
our population small. It's inconvenience and
imperfections have been more than once H.
lustrated, and the hazard we run of having
a President forced upon us who is not the
choice of majority of the people was never
more apparent than at the present time.
The plan proposed by Senator Morton dur
ing the last Congress in which he served, of
choosing electors by Congressional districts,
has its advantages, though it is not free
from objections. It's adoption would Ger
tainly guarantee the election Of President
in accord politically with majority Of the
House of Representatives for the space of
two years, but that is all. It would not as
sure the election of an executive who is the
choice of a amajority Of the whole people,
and that is what the people really desire.
The present electoral system worked well
enough in the early days Of the republic. It
has since become oumbrous, and has been
shown to be liable to abuses. More fre-
quently than otherwise our Presidents have
been chosen by minority of the voters of
the country, and therefore are not in fact fit
OF 49, &ho
ton. The last contest showed how easy it is
for corrupt men to SO manipulate the cleo
toral college as to defeat the people in their
choice of a President, and to bring into bold
relief some of the imperfections of the sys-
tenn. The electoral vote of two States was
diverted from the majority to the minority
candidate, and as q consequences the country
is presided over by man who had been re-
pudiated not only by majority of the peo-
pie, but by majority Of the legally chosen
electors.
Any change in the manner of electine q
President will, of course, require constitu-
tional amendment. We are convinced, how
ever, that any amendment proposed that
would seem to give the people guarantee
against a repetition of the shameful
transactions that disgraced the country
two years ago would meet the pubic ap-
prevail. OF the various schemes suggested
that which oontemplates an election by di-
rect vote Of the people seems to us to be the
best and to be most likely to meet with pub
lie favor. The people are as competent to
choose their own President as they are to
choose their own Congressman, and the
electoral college is simply q delusion. The
possibility already suggested that the electors
chosen can be, purchased, and yet be held
amenable to no law other than that of pub
lie opinion, is of itself an alarming fact. He
who can, by the use Of money or the dis
tribution Of patronage procure the votes Of
Daily globe., 1879-03-18
ST. PAUL. TUESDAY, MARCH 1s, 1879.

IT now seems to be settled that France
will have to endure ministry headed by
Gambetta. The republic has had many a
severe trial thus far, but this threatens to be
the worst. If it survives this affection it
may be considered as firm as adamantine
Daily globe., 1879-03-18

QUEEN VICTORIA is said to think of paying
America visit during the coming Summer,
ostensibly 20 call upon her daughter, the
Princess Louise. Of course if she crosses
the ocean she will visit the United States,
and will not think of returning home until
she has seen st. Paul. How would the queen
of Great Britain and Ireland and the en-
press of India do for an attraction for our
State fair in September? In the opinion of
the GLOBE it would be a better card than a
bogus President. N. B.-This suggestion
is copyrighted, and no person, particularly
Bill King, is permitted to use it without per-
mission.7
Daily globe., 1879-03-18

IT is not at all probable that Ramsey
county will suffer from lack of means, for
there was in the treasury on the 1st inst. the
goodly balance of $14O,s79.34. If we owe
any man anything we are abundantly able
to pay on demand, and yet levy only thir-
teen mill tax. Few counties can make as
good showing
Daily globe., 1879-03-18
In St. Lo,sis.

ST. Louis, March 17.-The United States cir
cult court this morning decided the cases Of
the American Middlings' Purifier company
against millers of this city in favor of the de-
PENDANTS, on the ground that the reissued pat
ent does not conform to the original, and there
fore is invalid. The Minnesota cases follow the
st. Louis cases. Plaintiffs will probably ap-
peal to the United States supreme. court.
Daily globe., 1879-03-18

The Philadelphia Times alleges that Mr..
Wheeler amounts to very little in his own
party and still less in the other party. These
Philadelphia chaps sometimes hit the nail
on the head, singular as it may seem.
Wheeler hasn't got great deal of strength
anywhere, and if he attempts to buck against
the Democratic party he will find himself in
the predicament of the goat that essayed to
ston locomotive.
Daily globe., 1879-03-18
PATENT PROCESS FLOUR.

Judges Dillon and Nelson Deny the Val
idity of the Patent and the Millers are
Happy.
The following is full text of the decision
In the case of the American Middlings Puri-
fer company vs. John A. Christian ct al. (of
Minneapolis). The suit was begun to re-
cover on and prevent the use of certain
patent for the manufacture of flour. Com
plainant alleges the same was secured
to them, and that its use was con-
trary to law. Besides the parties above
named, suit was also instituted against cer-
tain millers in St.. Louis. To expedite mat
ters, and for convenience, as Judge Dillon
presides in the circuit of which Minnesota
and Missouri are districts, it was concluded
to hear the cases before the full bench,
Judges Dillon. Nelson of Minnesota, and
Treat of Missouri. The argument continued
for several days, and the conclusion reached
by the court was delivered for the respective
districts by Judge Dillon, and concurred in
by Judges Nelson and Treat.
In promising the annexed decision, Judge
Dillon made reference to the argument,
which had conceded that Minnesota wheat
was the best in use. He further stated that
from all he could learn, as presented, that
the patent, so called, availed nothing when
Minnesota wheat was ground, etc., into flour.
This was merely preliminary to the decision,
which was given as follows:
Daily globe., 1879-03-18

Morris Stevens county, Tribune, March
II: Something over twenty-five pieces of
baggage arrived on Fridays train, the props
erty Of parties from Massachusetts,, who
have come to this vicinity in search of
fee, on their way here, selected their land,
and have bought lumber, aud started for
their claims.
Daily globe., 1879-03-18
AN ACT in relation to Como park in the
city of Saint Paul.
Be it enacted by the Legislature of the State

AN ACT in relation to Como park in the
city of Saint Paul.
Be it enacted by the Legislature of the State
of Minnesota:
Section 1. That the common council of
of the city of Saint Paul, by three-fourth
vote of all the members elect, is hereby au-
thorized and empowered to plat and divide
up into lots and blocks of suitable size for
the purpose hereinafter named, part or all
of the property situated in the city of Saint
Paul, known as Como park, and to lease the
same for term of not exceeding fifty (5O)
years from date of the passage of this act, at
such rent as the common council may de-
termine and fix, for manufacturing pur-
poses, machine shops and stock yards, and
for no other purpose whatever, and no
greater amount of land shall be leased to
one person, firm or corporation than is
necessary to carry on the business advan-
tageously for which the same shall be leased,
and which business shall be named in the
lease, and each of said leases to be valid
must contain a proviso to the effect. that in
case the property shall be used for any other
purpose than that expressed in the lease to
be used, then and in that event said lease
shall be absolutely void. Provided, That
the provisions of this act shall not apply to
SO much of said lands as lie within fifty (5O)
rods of the shore of Lake Como.
Sec. 2. The common council is hereby
authorized and empowered to purchase the
necessary land for right of way and ap-
proaches for one or more railway tracks
from the track of the st. Paul & Pacific
railroad to said park grounds.
Sec. 3. All acts and parts of acts contra
vening the provisions Of this act are hereby
repealed.
Sec. 4. This act shall take effect and be
in force from and after its passage.
Approved February rs, A. D. 1879.
Daily globe., 1879-03-18
Dissenting Opinion.

eDs0SoHCtSs8 OptUtOUs
Albert scheffer, George B. Finch and Charles
Nelson, as the executors and trustees of the
last will and testament of Chas. Scheffer, de-
ceased, respondent, VS.. The National Life In
surance company of the United States of
America, appellant.
The letter of Charles Schefer, which in the
opinion OF my brethren may properly be re-
policy in suit was issued il in these words:
ST. PAUL, Nov. 16, 1871.
y. w. Pest, Esq, secretary, Philadelphia:
DEAR S1R: return herewith policy No.
1905 for $5, 900. AS my good wife died two
weeks ago you will please issue new policy
First National bank here and will pay the
semi-annual premium due Nov. 23. Truly, etc.,
CHARLES SoHEFFER.
do not think that aletter of this kind is in
insurance parlance an application" for pol
icy. 1t does not seem to me reasonable to sup
pose that this can be the application to which
the policy refers, when it says that the insur-
ance is made in consideration of the represen-
tations made in the application for
the policy" Nor the application referred to
in that part of the policy which declares that
the policy is issued and accepted upon the ex-
press condition and agreement 'sthat the state
ments and declarations made in the applica-
IT Ii Issued are in all respects true and without
suppression of any fact relating to the health,
habits or circumstances of the person insured
affecting the interests of said company
Aside from this letter there is no evidence of
any application except that upon which the
first policy was issued, the policy running to
Kate Scheffer in the place of
which the policy in suit was
issued think the evidence shows beyond q
doubt that this was the only application ever
made, and that it is the application referred ia
in the policy in suit. These views compel me
to dissent from that part of the majority opin.
ion which takes q contrary view. I think there
should be a new trial. BnRRY. J,
Daily globe., 1879-03-18
LOCAL LEGIsLATION.
What the Late Legislature Did for St.
Paul.
AN ACT to allow the Common Council of
the city of Saint Paul to lay out levee


Paul.
AN ACT to allow the Common Council of
the city of Saint Paul to lay out levee
and street.
Be it enacted by the Legislature of the State
of Minnesota:
Section l. The municipal corporation of
the city of Saint Paul is hereby authorized
to appropriate and condemn whatever land
or real estate that may be necessary, for the
making and improvement of levee or street
along the Mississippi river, in the Fifth and
Sixth wards of the city of Saint Paul, and to
levy assessment therefor, as we'll as for the
filling in and grading of said street or levee,
upon the property fronting upon such i'm
provement, or upon the property to be bene-
flied by such improvement, without regard
to cash valuation, as now provided by law
for other local improvements in the city of
Paul. Provided, however, that whenever
the board of public works shall be requested
or required by the common council to re-
port upon the necessity and propriety of such
improvement, if in the opinion of the board
of public works property cannot be found
benefited to the extent of the damages, costs
and expenses necessary to be incurred there
by, they shall SO report, and to what amount
of the cost property cannot be found bene-
fted to pay for such improvement, and if
the amount does not exceed sum which
would be equivalent to ten thousand dollars,
each ward for the entire improvement in
each of said wards, the common council may
order part or either of said improvements,
and may order and direct the damages, costs
and expenses necessary to be incurred in
making said improvement in excess of the
amount to be levied upon property, to the
extent which the same may be benefited, to
be paid out of the local Improvement fund
of the city of st. Paul, but not more than
one of said improvements shall be ordered
in any one year; and provided further, that
it is hereby made the duty of the common
council of said city, at the next succeeding
tax levy after such improvement has been
ordered, to levy a tax for sum which shall
be sufficient to reimburse the local improve
ment fund for the advance made as afore-
said.
Sec 2. This act shall take effect and be
in force from and after it's passage.
Arnroved March 8. A d. 1879.
Daily globe., 1879-03-18

The farmers Of Anoka county commenced
sowing wheat Monday, March 10th, but
stopped Tuesday on account Of q coldness in
the atmosphere zero and below. 5:
Daily globe., 1879-03-18

understood it except the reference in the policy
to an spplication for it, and on the faith Of
which IS reoited in the policy it issued. His
letter Of Nov. 16, 1871, was an application for
that policy. It was competent for the parties
to agree upon or treat the application Of Nov.
49, 1868, aa the basis of the last policy, and a.
the application on which it issued. But we
cannot say that the reference in the policy to
an application on the faith of which it issued
was to the application of Charles
and Kate Schefer,. of Nov. 19, 1868, rather than
to the application of Charles Scheffer by his
letter Of Nov. 16, 1871. 1t was competent for
the company to show that both parties under
stood the reference to be to the first of these
applications or to both. But in the absence of
any proof other than tho reference itself that
Schefer 80 understood it, wo cannot say that
the jury were not justified in concluding that
he understood the reference to be to the appli-
cation by his letter of Nov. 16, 1871.
@ And this is especially 30 in view of the fact
that the first policy was not introduced in evil
dence and it does not appear that there was
any condition in it itmaking its validity depend
on the truth of the representations
in the application on which it issued.
Had there been such condition the
inference would be strong that the second
policy was understood to depend upon the same
condition. But there CAP be no such inference
when the conditions of the first policy are not
known.
Order affirmed. G1FnLAN, @. J.
Daily globe., 1879-03-18
Municipal Court.
Before Judge Flint. |

MNntctp0L Court.
Before Judge Flint
CRIMINAL.
The city vs. John Bloom, drunkenness. Com
mitted to Jail for four days.
The city W. Michael Clinton, drunkenness.
Fine and costs of $5.85 paid.
The city vs.. G. A. Porter, assault and battery,
Case dismissed.
CIVIL.
Mary E. Robinson vs. John Fetsch. Action
to recover restitution of premises on Third
street Judgment of restitution with costs en-
tered.
John Sullivan vs.. William nlingsworth. Ac-
tion for services rendered. Continued for trial
to March ~, 1878. at p M
Daily globe., 1879-03-18
District Court.

District Court.
Before Judge Simons.]
COURT CASES.
j. @. Hunter vs.. William Graham; action to
settle rights of partnership. Case on hearing.
Daily globe., 1879-03-18
Probate Court.

Before Judge o. O'Gorman.I
In the matter of the estate of James T. Max
field, deceased. Administrative account fled
and petition fled for allowance. Order made
for hearing April 9 at 10 A.. N.
In the matter of the estate of Robert M.
Gwynne, deceased. Last will and testament
filed, and petition fled for probate of same.
In the matter of the estate of Egidius Keller.
deceased. Inventory and appraisement filed.
Daily globe., 1879-03-18

his hand even though accident or mistake, as
in case of an accidental discharge Of q
frearm while held by him, or the taking
by mistake of poison, under the belief that it
was proper medicine. That the parties to
such policy intended the condition to in
clude death so caused, no court has ever in
timated. Even the case of Dean ~. American
Mutual Life Insurance company, Allen, 96,
the strongest case cited in support of defend
ants position. departs from literal interpret
alton of such q condition, and lays it down
that the condition is intended to protect tho
insurer against the destruction of life by the
voluntary and intentional act of the assured.
The weight of authorities and the best rea-
son sustain the proposition that to avoid such
policy the mind and hand must concur in
producing the death; that it must be crimi-
nal act of self-destructiop. The charge of the
correct.
The alleged violation of the second of these
conditions consisted in the representation in
the application for the policy that a brother of
the insured died by accident, whom in truth
he died by. suicide. The fact that
that the representation (if made) was untrue,
was shown beyond question. But it is claimed
that the application introduced, and in which
the false representation is contained, was not
sufficiently identified as the one upon which the
policy was issued, and the one to which it re-
fers. The facts presented by the record are,
that Nov. 2S, 1868, the company issued policy
upon the life of Charles Scheffer, payable to
Kate Scheffer, his wife. This policy was for
S5, 600, and was issued upon an application
dated Nov. 10, 1868, signed, kate scheffer per
Charles Scheffer, !" and Charles Schefier." In
1871 Kate Scheffer died, and Nov. 16 Of that
year Charles Scheffer applied to the company
by letter, stating the fact of his wifes death,
and requesting the company to issue new pol
icy payable to himself and his heirs. In compile
ance with this letter the policy in suit was is-
sued for the same amount and of
the same date as the former policy.
It does not appear whether aside
from the date, amount and name of the payee,
the two policies were or were not alike. That
the company understood the last policy to be
issued upon the application of Charles and
Kate Scheffer, upon which the first policy
issued, was proved clearly enough. IF Charles
scheffsr 80 understood it, then the defense was
made out. There il nothing to show that he 20
Daily globe., 1879-03-18
The Decision.

United States Circuit Court-The American
Middlings Purifier company VS.. John A. Chris
On the 9Th day of January, 1868, letters patent
were granted by the United States to William
F. Cochrane for ''new and useful method of
boiling -four" The claims in this patent were
&c f,11ovr,. = F.-G5
The Portland daily press., 1879-11-10
ANOTHER STEAMER SUNK.
This One Also Bound FOR Charles
ton.
SHE is RUN INTO BY AN ICE LADEN
SCHOONER.
The Grew and Passengers All Rescued.

BALTIMORE, Nov. 9.-Steamer Falcon, Capt.
Kirby, left this city at 4 o'clock yesterday al
ternoon for Charleston with full cargo and
seven passengers. When off Barren Island,
about ten miles south of Sharp's Island, she
collided with three masted schooner 5. Z.
Tyron Capt. Nickerson, laden with ice from
the Kennebec river for this port. AT lo.lo the
schooner sighted the steamer and kept ON her
course under leading breeze, and steering
noint west OF north. Just before they met the
course of the steamer was changed and she
ran ran across the course of the schooner. The
schooner struck the hull of the steamer on a
line with the mizzenmast, crashing through
and destroying the upper works. The schoon-
er's gibboom carried, away the mizzenmast and
threw down the smoke-stack of the steamer.
AS soon as they could be got clear OF each
other CaptainKirby steered for the shoal water,
the collision having occurred where the water
was twelve fathoms but before he had pro-
ceeded half a mile the steamer went down.
All the boats of the Falcon were stove, though
her life boat was made available and the
women and children weresfrst put into it, then
the m lie passengers, and sent to the schooner.
Before the boat returned the Falcon had gone
down and the officers and crew, % in number,
climbed into the rigging, whence they were
rescued. The schooner lay by until daylight
when she continued her course and arrived
here at 5 o'clock this afternoon. The passen-
gers lost all the clothing except what they had
ON when the disaster occurred. The schooner
is damaged about $500. The Falcon is about
600 tons burthen, belongs to the Charleston
Steamship and Railroad Co., and was worth
S25 600 or $4,000. Cargo was valued at about
$50 1000, but much of that may be recovered
She sank in seven fathoms of water and her
topmasts and mastheads are visible