davidaulloa/AmericanStories huggingface dataset:
Daily globe. [volume] (St. Paul, Minn.) 1878-1884, 1881-04-06
THE COURTS.

| s. A. Hooper, appellant VS.. James d. Webb,
r A. Irwin, VIM. II. Weibler, Michael
Gates, Vim. Henry and Smyth and Farrell
respondents.
Syllabus-A contract for building bridge
referred to specifications to be attached to and
become part of it.
Held, That there being some evidence to
Identify as the specifications intended, some OF
which after the execution of the contract were
attached to it by one of the parties, it was
proper for the court to admit them as evidence.
Where in a contract the terms first party
and ''second party" are used to indicate the
parties, it is for the court to determine to
which party each of the terms applies.
If instead of determining it, the court sub
mits it to the jury to decide, and they decide
it as the court ought to have done, the error
is immaterial.
When party executes contract to do work
according TO certain plan, he cannot abandon
the contract merely because the plan is an i'm
proper one.
When an act of the legislature appointed five
commissioners to make contract for certain
work and only three sign the contract, the
contractor cannot abandon the contract on the
ground that the other commissioners claim
the contract to be invalid because they did not
sign it.
A contract provided that on the first of each
month adesignlted engineer should make an
estimate of the work done and that thereupon
the amount of the estimate should be paid to
the contractor, either in the bonds of a certain
borough, or in currency. A small amount of
work was done in June no estimate was made
on the first of July. An estimate was made
August and all but small amount OF it paid
August s. No demand for an estimate or
payment was made, and no complaint of the
omission or delay made, till the contractor
alleged 1t as reason for abandoning the
contract.
Held, The jury might find that the con-
tractor had waived any right to complain of
the omission or delay.
Order affirmed. GILFILLAN, G. j.
Daily globe. [volume] (St. Paul, Minn.) 1878-1884, 1881-04-06
Severely Shaken by Savage Sharks.

Capt. Paul Boyton, of world wide fame
as swimmer, in an interview with a
newspaper correspondent at the sea
shore, related the following incidents in
his experience:
Reporter" Captain Boyton, you must
have seen large part of the wordF'
Capt Boyton-"Y es sir, by the aid of
my rubber life saving dress, have travel
ed over $1,000 miles on the rivers Of
America and Europe; have also been pre-
scented to the crowned heads of England,
France, Germany Austria, Belgium, Italy,
Holland, Spain and Portugal, and have
in my possession forty-two medals and
decorations; | have three times received
the order of knighthood, and been elected
honorary member of committees, clubs,
orderssand societies"
Reporter Were any of your trips ac-
companled by much danger"
Capt. Boyton-"That depends upon
what you may call dangerous. During
my trip down the river Tagus in SpaIn L
had to shoot one hundred and two water
falls, the highest being about eighty-tive
feet, and innumerable rapids Crossing
the Straits of Messina, | had three ribs
broken in fight with sharks; and coming
down the SOmane, river in France,
received charge of shot from an excited
and startled huntsman. Although all
this was not very pleasant, and might be
termed dangerous, L fear nothing more on
my trip than intense cold; for as long as
my limbs are free and easy, and not
cramped or benumbed, am all right
OF late / carry a stock Of st. Jacobs OIL
in my little boat---(the captain calls 1t
BABY Nine and has stored
therein signal rockets, thermometer,
compass, provisions, etc. land |
h ave had but little trouble. Before start
ing out rub myself thoroughly with the
article, and its action on the muscles is
wonderful From constant exposure L
am Somewhat subject to rheumatic pains,
and nothing would ever benefit me, until
| got hold of this Great German Remedy.
Why, ON my travels L have met people
who had been suffering with Rheumatism
for years; by my advice they tried the
Oil, and it cured them. | would sooner
do without food for days than this remedy
for one hour. In fact, would not at
tempt trip without it,"
The Captain became very enthusiastic
ON the subject If st. Jacobs Oil, and we
left him citing instances of the curative
qualities of the Great German Remedy to
party around him.
Daily globe. [volume] (St. Paul, Minn.) 1878-1884, 1881-04-06

SENATOR DAWES IS greatly exercised
about what he calls the Mississippi plan
of carrying elections. The Massachusetts
and Rhode Island plan of DISTINGUISHING
men because of their foreign birth or
poverty is, we presume, all right ia the
Senator's eyes. In Massachusetts about
hundred and fifty thousand adult citl-
zens are disfranchised because they are
too poor to pay taxes, while more than a
quarter of the adult population of Rhode
Island is disfranchised either through the
operation of the property qualification or
because Of their foreign birth. There is
but little difference between the Miss
issippi and the New England plans of
disfranchiSement. Senators like Dawes
who live in glass houses should not
throw stones.
Daily globe. [volume] (St. Paul, Minn.) 1878-1884, 1881-04-06

THE supreme court has decided that
the laws for the suppression of polygamy
in Utah are insufficient, and that under
them it is almost impossible to procure
the evidence necessary to convict those
guilty of the practice. 1t recommends
that the statutes be so amended as to
authorize the giving of evidence by a
wife against her husband, for by that
means only can convictions be procured.
AS President Garfield has announced that
he will do all IN his power to stamp out
the ubiquitous practice, we may expect
that he will call the attention of Congress
to the defects in the existing laws at as
early day as possible.
Daily globe. [volume] (St. Paul, Minn.) 1878-1884, 1881-04-06

THE Republicans in the Senate yester-
day refused to consider resolution look
ing to the protection of the rights of an
Irish-American citizen at present i'm
prisoned in England on the charge of Sc
dition. Such disregard of the rights OF
citizens, especially those of Irish birth, is
characteristic of the Republican party.
If the man was fortunate enough to have
a black skin, the government would
move heaven and earth in order to secure
his release, but as he is only an Irishman
he will have to look out for himself If
he should be condemned to the gibbet he
could hope for nothing from this gov
eminent, though it has pledged him its
protection.
Daily globe. [volume] (St. Paul, Minn.) 1878-1884, 1881-04-06

THE MahonianS continue to insist that
the question involved in the present con-
majority shall be permitted to rule. They
entirely miSstate the issue. 1t is the
question of whether or not a corrupt
bargain shall be carried out-whether the
Senate offices shall be used as a reward
for political dishonesty. II the Mahoni-
ans will revise their list of nominees and
leave off Mahone's henchman and fore
swear allegiance with reputation and
regulators, all objections to the election
of The officers would be withdrawn by
the Democrats
Daily globe. [volume] (St. Paul, Minn.) 1878-1884, 1881-04-06

THE Republicans are determined to
stick to their programme to permit the
transaction of no business in the Senate
until they have carried out their contract
with Malone. They are not always as
scrupulouS about fulfilling their promises,
and it is to be hoped that their tenacity
at this time indicates an intention of be-
ing more regardful in the future as to the
manner in which they keep their pledges
Of course the fact that few petty offices
are at stake in the pending contest has
nothing to do with the pertinacity of the
leaders. They are actuated by principle
solely.
Daily globe. [volume] (St. Paul, Minn.) 1878-1884, 1881-04-06
4 Re,nPHH.
A Remedy.
To the Editor of the Globe.

10 the Editor OF the GloOe.
RUsHFoRD, April 81 see in your dis
patch from Des Moines, Ia, of April I'd,
that the farmers are preparing to fight
Washburn, Mann & Co. on account of
their barbed wire monopoly. This IS all
foolish, as l have invented a new net
work wire fence, costing, when made by
hand, but from 80 to IS cents per rod, and
can be made by machinery, as soon as it
is perfected, at from a cost of not over
from 90 to 40 cents 1t will fence safely
anything, from chicken to an elephant,
and is the best wire fence in every par
ticular, whether permanent or movable,
ever offered to the public. 1t is capable
of building up one of the greatest indus
tries in the United States, and if anybody
in st. Paul has any capital to put in
against an exclusive right, let them ad-
dress me at once. A E. BALL.
Daily globe. [volume] (St. Paul, Minn.) 1878-1884, 1881-04-06
Our HiJh-TOned Judiciary.
TNew York World I

People will be more sorry than sur
prised to learn from the Times that, as
the law passed by the Minnesota legisla-
ture creating tribunal to determine the
validity of bills providing for the pay
ment of the State railroad bonds is not
mandatory and the Republican judges Of
the supreme and district courts are re-
luctant to take any action, the chances
are that the law will be imperative and
that nothing will be done towards paying
the bonds. Is not Window secretary of
the treasury And has not Malone re-
adjusted the Senate!
Daily globe. [volume] (St. Paul, Minn.) 1878-1884, 1881-04-06
Cannon Fails Items.

To the Editor of the Globe.
CANNON FALLS, April AT the annu-
al charter election held to-day there was
a close and interesting struggle between
the license men and prohibitionists; 245
votes were polled, the largest in the his
tory of the village. License carried by
IL majority. f. B. Seager was elected
president of the council and John Ander-
son chief of police.
The Goodhue county teachers, institute
met here to day and will continue through
the week. Twenty-siX teachers arrived
to-day and many more are expected.
Daily globe. [volume] (St. Paul, Minn.) 1878-1884, 1881-04-06
ST. PAUL, WEDNESDAY, APRIL 6, 1881.

THE Democrats of Cincinnati have
elected the mayor of the city for the first
time in many years. The people have
been so thoroughly disgrsted with Re-
publican corruption and misrule that
they have rebelled against the party IN a
most emphatic manner. In order to Sc
cure good administrative officer they
have been compelled to look to the Dem
ocratic party, in which there is no lack
of either honesty or capacity. Other
cities generally follow the same course,
and if all would do so there would be less
complaint of bad government
Daily globe. [volume] (St. Paul, Minn.) 1878-1884, 1881-04-06
Accident to c. f. Hatch.

General Manager Hatch of the Chicago,
Minneapolis and Omaho road, arrived
home yesterday morning on special car
from Fort Dodge. Mr.. Hatch in COM
pany with two other gentlemen and a
crew of section hands were riding on a
hand car, about four miles from Sibley on
Saturday last when one of the party lost
his balance and in trying to recover
he grasped hold of Mr.. Hatch.
This threw Mr.. Hatch from the car,
which at that time was going at the rate
of eight miles an hour. He was not seri-
ously injured, but his right leg is so badly
bruised below the knee that he will be
confined to his bed for some time. He
was taken from the depot to his residunce
Yesterday on a stretcher.
Daily globe. [volume] (St. Paul, Minn.) 1878-1884, 1881-04-06

| The Pioneer Press and the Bond Settlement.
| To the Editor of the Globe.
AS to the unconstitutionality of the
bond adjustment act in requiring the
| Judges to determine and decide" the
questions therein submitted to them-the
task which the Pioneer Press has on hand
is not to answer my argument, but to
answer the argument and avoid the re-
peated decisions of the supreme court,
notably that in 10 Mimi. IS, cited by me
in my last article.
The Pioneer Press misstates the provis-
ions of the act in saying, "They are asked
not as judges, but as commissioners
to say whether, in their opinion, GER
tain amendment to the State constitution
is in conflict with the constitution of the
United States" The act, in plain words,
requires them to determine and decide it.
And they are to net, not as commission
ers, but as a tribunal" which latter is a
word synonymous with court.
For reply to all the Pioneer Press argu-
ments, and all its distinctions about act
ing as court, judges or persons, refer to
the above cited decision in 10 Mimi,
conenting myself with the remark that
if the judges act at all, it must be either
iudicially or extra udicially, both WHICH
rest under the condemnation of that de-
cision
here repeat my point, that it being
by the supreme court long settled expo
siton of the constitution, that calling on
either the courts, or any person consti-
tuting them, to, in any capacity what
ever, make decision or give an opinion
upon any question of law, except when
brought before them in due course of liti-
CATION, is unconstitutional and void. and
that it is the duty of the judicial depart
ment to oppose such ''encroachment,"
and that an unauthorized expression by
Judge or court upon matter which
may subsequently come before the court
for adjudication is Improper" l say
until such decision is duly everruled by
the authority which made it, it is bind
ing upon all the district judges; and
therefore, for them to act in the premises
upon the declination of the supreme
Judges, would be both IN bad taste and
insubordinate HENRY F. MAsTERsoN.
Daily globe. [volume] (St. Paul, Minn.) 1878-1884, 1881-04-06
Pxbucan, Ky., May 10th, 1867.

During confinement of eleven months In
Libby prison, was attacked with dyspepsia
in its worst form. For two years / have suf-
fertd with it / tried doctors great many
times without relief.
This spring became so debilitated as to be
unable to walk one square. After taking two
doses of Goes Dyspepsia Cure, atc of every
thing on the table, felt no distress afterward,
and have an excellent appetite,
Daily globe. [volume] (St. Paul, Minn.) 1878-1884, 1881-04-06
The Boon, Election,

The Mississippi and Rum River Boom
company held their annual election yes
terday. The following officers were
elected for the ensuing year:
Presidents. II. Chute.
Vice President-O. c. Merriman.
Secretary-James A. Lovejoy.
Treasurer-S. B. Lovejoy.
Directors-S. II. Chute J. Dean, L. Day, o.
c. Merriman, Jas. A. Lovejoy.
Log Committees. w. Farnham, George A.
Camp, F. G. BarrOws.
Daily globe. [volume] (St. Paul, Minn.) 1878-1884, 1881-04-06
NE su1ere. rur 81 1ears.

GUILFoRD, CT, May 18th, 1865.
For thirty-fve years l have been the victim
of that terrible disease, Dyspepsia; have con-
suited eminent physicians, and tried almost
every remedy. My family physician finally
told me could not be cured The first dose Of
Goes Dyspepsia Cure helped me, and, to-day, |
consider myself cured, and am ready to affirm
that it is the most valuable medicine ever plac-
ed before the public. 6. d. RICHARDSON.
Daily globe. [volume] (St. Paul, Minn.) 1878-1884, 1881-04-06
N. DORAN's REPORTS.

The following quotations giving the range
of the markets during the day were received by
NJ. DORIAN, commission merchant:
LIVERPOOL, April 5, 10 A. M.-Spot wheat
firm, and penny higher. Floating cargoes
strong. Cargoes on passage firm; 6d@ls high
er. Small arrivals of wheat for orders. Less
than five cargoes on sale off coast.
Daily globe. [volume] (St. Paul, Minn.) 1878-1884, 1881-04-06
Municipal Court.
Before Judge Burr.l

Before Judge Burr.]
CRIMINAL.
The City vs. c. Keiser; drunkenness. Com
mitted for five days.
The City VS.. f. Staal; same Fine of s.
paid.
The City vs.. John Harrington and James
Powers; vagrapcy. Sent out of town.
The City VS.. James Daily; assault and bat
terry. Fine of S. paid.
The City vs.. A. Goodman; disorderly con-
duct Continued until to-day,
The City VS.. C. and L. Nienaber; same. Dis
charged.
Daily globe. [volume] (St. Paul, Minn.) 1878-1884, 1881-04-06
Eastern and European Markets.
ST. PAIL. Nav

NEW YORK, April 5.-Money active at ACT
per cent, closing at 5@6 per cent. Prime
mercantile paper 596 per cent. Sterling
exchange, bankers bills steady at S4.SOM
Sight exchange on New York at S4.S3.
Governments in fair demand and generally
firm.
Bonds-Railroad bonds strong
State securities strong and active. Tennes-
sees strong on announcement that the State
Senate has passed the House bill settling the
debt at par and 3per cent. interest, and adj
| vanced on the days transactions IL per cent.
for old skies, 16 per cent. for new skies and IL
per cent for new series skies.
Stocks The stock market was irregular in
the early dealings on slight fluctuations, but
| at the first board became firmer and advanced
Il to1I per cent, New Jersey Central and
Western Union Telegraph leading in the up
ward movement. Toward IL NJ. speculation
became weak and fractional reaction took
| place. Subsequently speculation became fever
| ish, the dealings being on very small scale.
At the second board Louisville Nashville re-
corded an advance of l "a per cent. and the gen.
eral list rose fraction, but in the final sales
| Louisville e. Nashville reacted % per cent, the
rest of the market being irregular, some
| shares showing slight improvement and
others fractional.
The transactions aggregated 21S,OO0 shares;
| 26, 600 Delaware, Lackawanna western;
| 3. 600 Delaware & Hudson; 5000 Denver &
Rio Grande; 5000 Erie; 1000 Hannibal 4 st.
| Joe. 1000 st. Louis 81 Iron Mountain; 1000
Illinois Central; 1000 Missouri, Kansas q
Texas; 1900 Lake Shore; 6,oOo Louisville
& Nashville; 1000 Michigan Central; 2,0oo
Manhattan Elevated; 5000 Marietta d. Gin
c:nnati first preferred; $4,000 Chicago. g.
Northwestern; 26,OOO New Jersey Central;
10000 New York Central; 5000 Northern Pa
clfc; 5000 Ontario q Westerns 5000 Pacific dde
Mail; $4,000 Philadelphia & Reading; 10000
Chicago, Milwaukee q st. Paul; 5000 81; Paul
& Omaha; II 900 Union Pacific; 5000 Wa
bash. St. Louis & Pacific; 10000 Western Un-
ion TeepraDh.
Daily globe. [volume] (St. Paul, Minn.) 1878-1884, 1881-04-06
BENEFICIARY FRIENDS.
Important Decision of Judge SimOns in
the Matter.

Important Decision of Judge Simons in
the Matter.
A decision was rendered by Judge
Simons yesterday in the case of Mary
Hetherington against the Minnesota Odd
Fellows Mutual Benefit soriety and
John Etherly, an infant, by his guardian,
J. n. Searles as interpleading, defendant
In this case the suit was brought to re-
cover the sum of 81 ,375 On certificate OF
membership in the society, consequent
upon the death of one John Etherly, a
member, the certificate having been
Transferred to the plaintiff for valuable
consideration.
The decision is in favor of plaintiff, the
conclusions of the court being as follows:
First-That the right of Mary Etherly,
The beneficiary named in the certificate OF
membership, issued by the defendant, to
the money payable hereunder, upon the
death of the said John E. Etherly, was in
no manner affected by the said bequest in
the will of the said John Etherly.
S9cond-That the interpleading de-
PENDANT, John E. Etherly, is not entitled
to the money, payable under said certili-
cate, or any part thereof, or to any re-
lief IN this action.
Tn rd--That the plaintiff, Annie Heth-
erin on, is entitled to the money payable
und = said certificate, to- wit: 1873.
Fourth-That Judgment be entered
herein, adjudging and decreeing: FIRST,
thai the p'a ntiff * entitled to said sum
of 81 ,375; second, that the interpleading
defendant, John Etherly, is not entitled
to any relief in this action; third, that
upon paying said sum into court the de-
PENDANT be discharged from any liability
to either party on account thereof, or by
reason of said certificate of membership.
Daily globe. [volume] (St. Paul, Minn.) 1878-1884, 1881-04-06
THE WEEKLY GLOBE.

The WEEKLY GLOBE Is 8 mammoth sheet, exactly
double the size of the Daily 1t is just the fol
the resde containing in addition to al the current
uews, choice miscellany agricultural NATTER market
reports, &c. II is furnished to sings subscribers 81
81, with 10 cents added for prepayment of postage
Subscribers should remit Sll5
Daily globe. [volume] (St. Paul, Minn.) 1878-1884, 1881-04-06
Probate Court.
rBefore Judge O'Gorman.

Before Judge O'Gorman.l
In the matter of the guardianship of Fred.
Fish; examination of account. Continued
until to- day.
In the matter of the estate of P. 81. Ahern;
will filed, with petition for probate of same.
Hearing May 3.
In the matter of the estate of George Cul-
yer, deceased; report of sale filed. Order con-
frming same.
Daily globe. [volume] (St. Paul, Minn.) 1878-1884, 1881-04-06
SECURE A HONE.

A Rare Opportunity to Obtain a Great Bar
gain.
FORTY-FIVE HUNDRED DOLLARS
Will buy fine home IN upper town. House
with ten rooms, lot S0x150. Splendidly locat-
ed. Excellent neighborheod. Terms of pay
ment very moderate. 1t will pay for home
or for an investment. Apply to r. W. john
son, real estate Office corner of Third and Ce-
dar streets.
Daily globe. [volume] (St. Paul, Minn.) 1878-1884, 1881-04-06
THE COURTS.
Probate Court.

7
In the estate of John Schmidt. Peti-
ton for letters of administration to be is
sued to Henry Reimer filed, and hearing
set for May 2.
Daily globe. [volume] (St. Paul, Minn.) 1878-1884, 1881-04-06
LONDON, April 5.

Money 900. .1003s Account .1OOH
TINTED STATES SECURITIES
Westliche blaÌˆtter. [volume] (Cincinnati [Ohio]) 1865-1919, 1881-08-07
8ie bic 8auerim ben IeBten
8iIIen ibres sManmes ers
fEIIte.

rBauli Sdintpf (Sders) unb Grnit,
ammo Domini 1893 gebrudt, bon Dem bpeps
tpiirbieen gaitor gu Iangerpbe rgrfabt
entbalt fpIsenoe Urine @elhifte,. bic mir
MDgIi6it mad pem gBortIa,tt Ses aIten
Bu6leins bier taittbeiIea tDoaef. 81.
gtuff ein sett mar ein reiher Bauer, Der
ipraA su ieiner 5raaesL ba sr lteEben
ipIlte
sd perlaiIe Dir Cuts aenua uno min
fein Ieitament MAIDEN, alIesit Elm Ding
bite id, Den itfparsen Dshlsn NIT Der
ipeiben Stirn ioIIlt On perfaufen uno pas
fur 8eIb Du oarauS Ibfeit, oas lpllTl Du
sur Sdlfte ben arnen Seliten geben, fur
bic anbere SaIfte Ialie eine Seelenme6e Ie=
len" 5
Die 6rauipra9: oSa, Iiebss giann, i6
ipilI es tbun."
0a nun Der Bauer besraben mar, nabnt
Die sSrau Den SbIen an elm Cell uno
bano ihm einen 6abn auf ben Nlden felt
nnS sins nit ibu i, bic StaSt.
Die DteBger fameIl i,sb griffen Sen
S6ien an, tpie fei5t ct ipare, unc frdatert
Die 5rau, ipas ite bafar baben tpoIls. Sic
lprab
s;gSer ben Sdien fault muB BEN Sabn
and faufen i'd perfatf feins obns pas ana
bere!"
sic perlanste aber fir ben Sabn 3ppIf
8uISen uno fir ben Odien bier arsus
ser.
Der 8auf fam su Stan6e, unb man sab
3frblf 8ulben fir Den 9abn unO bier 8reus
ser fur ben D6ien.
AIS nun Die Srau tpieSer mad Saufe
fam CAB iie Stpei GreuSer ben Nrn1ell,
strel tru8 iie gum Bfarrer uno Bat ibn.
cine Dieile fur ibreu SeIisen 3n Ielen. So
bate lie ibr Geripre6eu erflllet, aber Die
slpDlf 8uIosn fur Den Sabn bebisIt tie flr
fib.
Westliche blaÌˆtter. [volume] (Cincinnati [Ohio]) 1865-1919, 1881-08-07
Cincinnati, sanntag, san I. Angaf 1881.

fallt; lie sos in ibr cine an bas Rofofos
3eitalter Senabnenbe GentimentaIitat
sroB. Sir tie mar i'd Elm ,Sidtef", b.
b. Elm yDidter", tpie man ibn auf
aIten Gemalpen nnb 8iIbtperfem AZ
feben befnmmt, ben 2orbeer anf
benz 6aupt bic apra I'M Arm.
gcn ioIdem Wiann bate iie iinmer ibrer
glidte porsefdtpabt, ioIdes Bib bate iie
in ibr ertpedt, unb nun benfe Dir, tpie
iebr meme arn,e Rina entnuAtert Sein
mnb. Da seitebe id benn germ, bab id
bem arnlen 8inb ippbl sutpeilen llnrett
setban babe. Du bait sans &e6t, ipenn
Ou laelt, ih fei 9eipaItlam pprgeltiirmt
uno babe iie baburb BON mir geideuht.
Die einieitige @rsiebuns, bic iie I'M &loz
tier 9enolle,l bic ientimentalen Shnurrel
hie ibr bic Iante in ben Gppf geiebt, bas
bate id stlles beSenfen unb IansIam an
bic llmipanoluns seben iollen. SD bate
Der Blume aus Der Brppins Belt ssben
ioaen bier beimiid 3u fperben. @bsr es
TT ia 9tlIes nod gut gu ,naden tpenn tie
suriiffothmt, ,inb iie fonmt suriid, mein
lieber 5reunO! Seute 9lbeno tperbe i6
iie am 8abnbof eriparten, llnb bann iperz
ben mir 9lrm in Arm in un1er Sein suz
rudtsbren, DeriDbnt unb sltd!:6!
Senrt be B...