davidaulloa/AmericanStories huggingface dataset:
Daily globe. [volume] (St. Paul, Minn.) 1878-1884, 1882-10-24

A Kefage Wanted for Six Unforturates
Last week, it will, be remembered, eight
insane and imbecile occupants of the poor
house we're brought into the probate court
and after examination by physicians, were
pronounced proper subjects for incarcera-
ton in the hospital for the insane at st.
Peter. Upon being sent up to st. Peter,
however, the authorities declined
to receive but two, tbs
other six. as was claimed, being harmless
ly insane, and the present overcrowded
condition not allowing the reception of
such patients. Upon being returned here
the six patients we're temporarily confined
in the county jail, and the question with
the board of control now is, what shall be
done with them? The board have no au-
thority to employ guard to watch over
such patients, and with the grain, hay and
crops of the farm within easy reach, they
feel that they would almost be inviting q
disastrous fire by sending the unfortunatef
back there. On the other hand the Jail &C
commodations are taxed to their full ca
pacity, and then, too, the expense is very
material item.
Daily globe. [volume] (St. Paul, Minn.) 1878-1884, 1882-10-24

doctrine advanced that prosecution for a
violation OF such an ordinance was
bar. to an Indictment for the
same act as an offense against
the state. So general and long
continued has contrary view been enter
tanned and acted upon by both the lepisla
tive and judicial branches of government
that as suggested by my brother, Berry. it
has become difnition of the term ssoffense''
as used in the constitution, and has estab-
lished construction of the constitutional
guaranty referred to SO firmly that it ought
not now to be seriously questioned.
AS suggested by my brother Wander
burg, in England, and some of the older
states OF the Union, municipal bylaws
were usually enforced by civil action to
recover a penalty for their viola
ton. Had we retained this method
it would hardly have been urged that
a recovery in such an action would he a
bar to an Indictment for crimes arising
out of the same act or fact. Tie comm.
sion has arisen from the fact that in franz
ing municipal charters and ordinances and
IN providing machinery for their enforce
ment, all have adopted largely the nomen-
clature and machinery of the criminal
procedure. But it is the substance and
not the name which determines the nature
of things.
There are other considerations, founded
on public policy and public necessity
winch, although not controlling are
entitled to weight. The principle involved
is far reaching. There are many things
besides keeping houses of ill fame which
municipal corporations are authorized to
suppress by ordinance, which are crimes
under the general laws of the state. Now.
if on the one hand, it be held IL at all such
ordinances are void as repugnanS to the
general statutes, and that a municipal
corporation cannot prohibit by ordinance
any act which is a crime under such
statutes, the corporations would be shorn
OF many police powers which they
have always been supposed to possess,
and which are absolutely necessary to the
preservation of good order within their
limits. On the other hand, if it be held that
so called prosecution under'a city or vii
lage ordinance is bar to prosecution for
the same act as crime under the general
criminal laws of the state, it would virtu-
ally amount to repeal pro tanto of these
general laws in every city, town and village
In the state. Such sweeping abdication
on tne part OF the state, OF her authority
to punish crime, in favor of the
uncertain and variable ordinances
OF every city and village
would be TOO alarming in its consequences
to be seriously entertained. It would r.
suit in the anomaly of the same crime be-
ing liable to be punished in as many va
rioos ways as there are cities ard villages in
the state, and of the same crimes whore
committed within the limits of city O,
village being punishable only by petty
fine, which, if committed in the rural dis
tricts Of thu. state, would be punishable by
| imprisonment in the state prison.
But these and other weightier reasons
have been so ably and e1haustively ad.
vanced by my brother Vanderburg that
nothing was necessary to be added e1.
cept to express my concurrence.
MITCHELL, j.
Daily globe. [volume] (St. Paul, Minn.) 1878-1884, 1882-10-24
,T,sdoe D;ckinsou,s mi,

Judge Dic1inson,s Opinion
Supreme Court, April term, 1882. The
State of Minnesota, respondent, VS..
Emma Lee, appellant:
dissent from the opinion of the court.
think the ordinance is valid, having the
force of and being in reality law of the
state, enacted pursuant to authority con-
ferred by the legislature. Both in the
creating of the ordinance and in the pros
ecution for its violation the sovereign
power of the state was exercised and the
prosecution and conviction, constituted a
defense to subsequent Indictment for the
same act. It is not important that the
legislature did not intend that such should
be the result of the enforcement of the
ordinance. The law having been created
and executed in the conviction and pun
ishment of the offender, the constitution
forbids second prosecution. s'No person
for the same offense shall be put twice in
jeopardy of punishment"
DICKINSON, j.
Note-The State VS.. Nellie Otis was az
gued and submitted by the same counsel
and at the same time with the foregoing
case, and was disposed of in the same way,
and the order denying a new trial is af-
frmed.
Daily globe. [volume] (St. Paul, Minn.) 1878-1884, 1882-10-24
Will Contest,

BUFFALO, Oct. 23.-The will of Mrs. Car
olinel Fillmore, widow of ex-President
Fillmore, will be contested by her Brook
lyn cousins. It is estimated the property
will inventory at about $125, 900.
Daily globe. [volume] (St. Paul, Minn.) 1878-1884, 1882-10-24
'I'HB SOCIAL EyL.
DECISION OF TIE SUPREME COURT

Majority and Minority Report Opinions
nIajority Decide that Municipal Pun
ishment is No Bar to Stats Prosecution
Dissenting Opinion by Chief Justice
(si.fillan and Justice Dickinson.
Daily globe. [volume] (St. Paul, Minn.) 1878-1884, 1882-10-24
Judge Berry's Opinion.


SUPREME COURT, APRIL TERM 1882.
The State of Minnesota, respondent vs.
Emma Lee, appellant. Upon further e1-
animation and reflection think that the
view taken by myself in State vs.. Oleson,
26 Mimi, 507, as to the nature and effect
OF conviction under the city ordinance
involved in that case, as also the case at
bar was erroneous. My opinion now is
that the view taken by Mr.. Justice Cornell
In State VS.. Oleson, and by my brother,
Vanderburg. in the case at bar is the true
one and agree in general and substantially
to the reasons advanced in its support may
briefly outline the reasoning which is most
influential in leading me to my present
opinion, as follows:
Our constitution vests the law making
power in the legislature. This includes
authority to pass laws creating municipal
corporations, and authority which is also
expressly recognized in sec. 2, art. 10. It
is an authority to create them with all Gus
tomary powers, one of which is the power
to adopt bylaws or ordinances to suppress
houses of ill-fame resorted to for the pur-
poses of prostitution, to punish the keepers
thereof, to afix penalties to the violation
of such ordinances, and to enforc,
the same by judicial proceedings in con
court of the municipality. Our constitl.-
ton also declares that mo person for the
same ofense shall be put twice in jeopardy
for punishment" Is the violation of q
city ordinance passed Gas is that involved
in this CASEY under the customary powers
OF municipal corporation, an offense
within the meaning of this constitutional
declaration? This seems to me to lie
largely if not altogether question Of def
milton. A question of what is meant by
the word effense lin the connection in
which it is used inthe constitution accord-
ing to its general acceptation. As thus de-
fined by common usage, do not think
the word offense includes violations Of city
ordinances adopted under the customary
powers mentioned. There is probably no
state in the Union, the constitution of
which does not contain declaration sub
stantially like that above quoted from our
own, and think there is not at this time
one which distinctly holds that the word
offense as employed in these declarations
includes these violations Of city ordinan-
ces, while many of them, if not all, in
which the question has been determined,
hold the contrary. This is in accordance
with what has always been the general and
almost unanimous understanding in this
country. A like view prevails in the courts
of England in reference to
principle of 1.-THE unwritten constitution of
the country, analogous to our constitution
al declaration. think this general usage
ought (according to familiar rule) to de-
termine the meaning of the word offense,
in the declaration which I have quoted from
our constitution. I cite no authorities
they will be found in abundance in any
leading work on crimes. BERRY, ].
Daily globe. [volume] (St. Paul, Minn.) 1878-1884, 1882-10-24
DIOKINsoN, j,

W-No family Dyes were ever SO popular as
the Diamond Dyes. They never fail. The Black
is far superior..to logwood. The other colors
are brilliant
Daily globe. [volume] (St. Paul, Minn.) 1878-1884, 1882-10-24
A Charge of Blgamy.

a CnArS0 Oh b1S8hys
Henry Gilock, an employe in Judd's iv.
cry stable, is in trouble. Oct. 10 he wae
married by the Kew. E. 81. Bauman to a
Miss Louisa Brown, said by those who
know her to be most estimable young
lady. Yesterday morning a woman ap.
peared at the county clerks Office, and
made claim to being CLOCKS only lawful
wife. In other words the woman claimed
that she was married to Gilock at Fort
Frank Steele in 1874, when he was in the
United States service. and that no divorce
was ever procured. She threatens pro-
ceedings for bigamy against Gilock, and a
woman scorned," and all that can make
lots of trouble when they set about it.
*Why is Mls. Lydia e. Pinkham's Vegetable
Compound like the Mississippi river in spring
freshet? Because the immense volume of this
healing river movo, with such momentum that
it sweeps away all obstacles and is literally
flooding the country
Daily globe. [volume] (St. Paul, Minn.) 1878-1884, 1882-10-24
st. Paul Public Library.


A special meeting of the board of direc
tors was held last evening at which all tn
members were present. The standing
committees were appointed by the presi
dent:
Building-Auerbach, Carver and Pond
Administration O'Brien an,
Wright.
Library-Uphem, Robertson ant
O'Brien,'
! Finance Wright, Upham and Auerbach
By-Laws-Otis, Pond and Carver.
The transfer from the st. Paul Librar,
association was presented and accepted
and ordered. to be placed on the records.
The library committee was authorized
to send the Librarian to Chicago and Mil
waukee to study the working of the pub
lie libraries in those cities.
Another Election Precinct in Cass Count!
laundering Gordon, Charley Gilman
Kunty Nelson and the gang Of pine lant
grabbers supporting Kunty for congress
may not like it, but Gov. Hubbard yester
day created another election district in tn
unorganized county Of Cass. This pre-
oinct is directly across the Crow river from
Motley, town on the Northern Pacih'
railroad, in the northwestern corner O
Morrison county. Its boundaries are de
scribed as including all of towns 1873 ant
134, ranges thirty-one and thirty-two. Th'
polling place is to be at the house of A.
Collins, and the judges of election desig
mated by the governor are to be A. j. Col
Inns, G. G. Kelly and Samuel L. Sumner.
Daily globe. [volume] (St. Paul, Minn.) 1878-1884, 1882-10-24

uaVlOur, Inc summary QOClc0 OF the Cr18
and conviction clearly mark and distinguish
the offense against the ordinance from the
public ofense against the general law.
similar characteristic may also be
noted in that this ordinance is satisfied
with less degree or quantity of evidence
than is required on the trial of the offense
under the general law (which must be be.
yond reasonable doubt.) Under it 'proo1
of general reputation of in-fame, and dis
orderly conduct" shall be not merely com.
potent but sufficient evidence that such
house is house of ill-fame or place of dis
orderly conduct within the meaning of this
ordinance"
Acts of violence constituting felonies
under the general law, but classed as dis
orderly conduct under city ordinance, il
is well settled may be punished under the
ordinance without affecting the subsequent
public prosecution.
See reviewed cases in Waigg VS.. Penn
township 81, Ill. %, 81 Wis. 487. Among
other cases it was so held also as to keepers
of gaming houses in Robbins VS.. People
and Greenwood VS.. the State, supra, and
there is no good reason why the rule
should not apply in like manner to keep
ers Of other places Of vile resort. We OBJ
serve in passing that the provisions of the
general law for the organization of cities
in reference to ordinances and punish
ments are substantially transcript from
the charter under review. Gen. Stat. 1913.
We presume the same is true as to many
of the special city charters in the state;
also in the General Law for the organiza-
ton of villages, ii. 4. 206 and ~ we find
the power given to enact ordinances 'sto
restrain and punish Migrants, beggars and
prostitutes and suppress houses of i'll
fame," the offenses to be prosecuted in the
corporate name before the village justice,
who is given exclusive and original juris,
diction.
This will serve to illustrate the popular
and legislative construction of the charac-
ter of municipal bylaws and offenses.
The plea in this case shows that the de-
PENDANT had been previously convicted
regularly once month under the city or
6inance in question from the time laid in
the Indictment in May and to October in
elusive. Now since the municipal court is
open every week day and it is presumed
that the officers in the discharge of their
duty will be vigilant in detecting and
Daily globe. [volume] (St. Paul, Minn.) 1878-1884, 1882-10-24

illustration of a distinction constantly rec
ognized between offenses against munich
pal and general laws. The learned author
of the work on statutory crimes states the
result of the authorities and the better doc
trine to be, s'That just as the same act
may be an ofense against both the United
States and state, and punished by both,
so also it may be against municipal COZ
poration and a state" Bishop on state
crimes, second edition, section q.
The constitution assumes and recognizes
the existence and necessity of municipal
corporations as bodies polite having such
powers ofa local self government under
grants from the legislature as are ordinari-
ly conferred on them, and such as they
have usually possessed and exercised
in the past, both in England
and in this country. City of st. Paul vs..
Golfer, IL Mimi, 46. People VS.. Hurlbert,
"a Mich, SO 6, Jesse Baxter, $50.
Though its authority is derivative and
local, the municipal corporation may be
considered separate government under
its charter which, subject to the general
laws, stands for its constitution.
The operation of the general laws re-
naming unimpaired, the local laws of the
municipality are extra, and relate to mat
tiers which are properly of municipal
cognizance. The local government simply
enforces its own laws for a purpose sep
arate and distinct from that of the general
laws having special reference to the sup
preston and restraint of the element of
disorder and immortality. State VS..
Charles, 16 Mimi. 478.
In view of the history, nature and pur-
The daily gazette., 1882-05-08
LINOLEUMS.

This extraordinary floor COW
ering is made of that most
lasting material, mainly cork
and solidiied oil. 1t has been
before the public for several
years and has successfully stood
tests such as no oil cloth or
carpet could undergo.
We have a large stock of
Cocoa Mating and Mats, Oil
Cloths, Rag Carpets, Smyrna,
Velvet and tapestry Rugs.
Carpets made, and laid at the
shortest notice.
The TAPESTRY BRUSSELS
that we have sold so much of
since the first of the year are
giving universal satisfaction,
and the price is only IS cents;
same quality as are sold by
many houses at 85 cents.
The daily gazette., 1882-05-08
EIRST CALL
FROM 304.

We say to all wishing to-
purchase Boots, Shoes and
Rubbers that we have kept
very quiet during the month
that we have been fitting up
our new store No. 304 Market
ST., that we might have room to.
display our stock Of goods that
our increasing trade demanded,
and that we are now prepared
to supply your wants, and we
have no doubt it will pay you
well. Our stock is complete;
every departments is filed; every
kind, size and width. Our stock
of ladies, misses and children's
Shoes (direct from the manu-
facturer to our salesroom) was
never as large as now, The
same can be said of our gents,
boys and youths department.
We solicit a continuance ofyour
liberal patronage.
BOSTON ONE-PRICE
BOOT AND SHOE HOUSE,
No. s304 Market st.
apr9O-lmd&w HENRY PIKE, Prop'r.
The daily gazette., 1882-05-08
AMERICAN AGRICULTURE.
ior Farmer Misunderstanding Com
PARSONS with Foreign Countries,

ior Farmer Readers-PleasIngC Com
parsons with Foreign Countries.
New York World.
alhS partly to Mr.. Schurz, the recently
report Of the Public Land Commits
'nS%s that the amount of arabic land
{uyrcI 10 occupation under the Home
~. anu n Itfc-einption acts is barely enough
tSl 'he demands of settlers for two
sealS and now that there are practi-
~ more public lands Mr.. Francis A.
u aaS thought it an opportune time to
. ~ Tue Princeton ReBiew for MAY,
statistical point of view, the progress
nS'cah ,1 m agriculture during the last
IA SaNar' ssais' More than GO per cent. of
pp,i,, ,I,%vO0 iarms of the United States
-. "sted y, by their Owners-in the
~ r,. states as many as 80 per cent,
,e.,ORG,eeticut, Maine, Massachusetts,
'I''' L t, michigan and Minnesota 30 per
,,aa.i % siv ID southern States, of which
ler '',lCS w have been gathered, the
cer, larns has increased IS
N 'r'. T,. since 1870, and the num-
no,a %'nlers Who own their own land
,IaSvl sEaS. almost as largely. These sta
len s""" aro not only that the American
tbe a. more thrifty and independent
AtT hn,s r,s,i,cultural ~ class of any other
4 tIriS' Vu' llat as a class they become
oy@n,' '"es every decade. The mechanical
Il IN I's a@.,a'i made during the last hundred
ludors s'ieulture have wrought as great a
jmno..sas a. III any other industry, and
an Smal, aanv mechanical help has either
AIR., anierican invention or was first
IN ganoaa ni ny American enterprise. In
"a la, soila way the problem Of adapting
olvn5 ana climates has been profita-
Of f W. but the most profitable
ht6c o'N now open is a more
nroh,a anu minute solution of
,a..li opieli' In this matter we
fs u,a ras,i ol European experience, Our
Aorses "ouIariy o'iy our running and trot.
|rtborns' ~ out wool and the Devons and
imnor,a'uuaa 'uaV we export TO England show
Aericap tant s biological work done bN
efmrn,i farmers. The establishment a,
ecially tha ha'Sylons by many Of the States
/ Is comm, MIN southern States, shows that ,
farni",a,i 'aiig OF intensive as well as exten
/ tilara oi ~ nigh culture as well as 0
bGtabIy hr, Inc vast area that has beer
racteT ag Tg!onsht under cultivation. tn
ps and tho inc farmers, the mechanica
lerican .,'i snios successful beginning of a rea
perintepdaut'Vsc c OF agriculture, the lat
u signidranto oi u the census thinks, are tn
the result n' .lts iacts shown by the census
ktral aeSio,,l ,S mus shown the greatest n
fld, movements in the history of tn
The daily gazette., 1882-05-08
srARvINa 4 sHIPa CREw.
Wretched Fare sorvedto the sailors Of the
Cardenas ON The Last Cruise.
(New York staf.)

New York staF)
According TO the stories told by the sail
ors of the bark Cardenas, which recently
arrived at this port from the west coast of
Africa, they were subjected TO the most
outrageous priyations during the homeward
yoyage. The men are Hwedes and most Of.
them are now quartered at the seamen's
Home in Cherry street. Frank Andersen,
one Of their number, told q reporter yester-
day that they left New York on the 22d Of
October last and arrived at their destination
about seven weeks later. They had quite
heavy cargo of provisions aboard. When
about four weeks out, he said Captain A. o.
Yates began limiting their rations, SO that
they hardly got enough to eat. The men
worked on as usual, however, and said
nothing Of their hardship. When they
got TO Africa, the Captain, according
to Andersen's story, traded nearly
all the provisions with the natives on the
coast for money and palm oil, retaining
only enough for himself and the mate. The
men were stinted so that their diet consisted
of only salt beef, bread and coffee The
beef was not ht to eat, smelling so bad that
1t made the men sick. The coffee was the
poorest kind of ships coffee that many
sailors, used TO the worst fare,wil not drink
If water can be had, and the bread was
mouldy and soggy Andersen said that
when nearly incapacitated for work by
being forced to eat this food day after day,
he begged the captain on the part Of himself
and fellows, for few vegetables. The
captain, he said, refused to make any
changes whatever In their diet. All the
men consequently became sick.
al am so weak that l can hardly walk, "
said Andersen. /u
Christiana Olsen, another of the men, yes
terday, was taken to the hospital on Bedloe's
Island, affected with scurvy and other
the bark.
The daily gazette., 1882-05-08
pRY aoops.
90
wv M. KENNARD AND CO.,
No. 621 Market street,
WILMINGTON, DEL.

To those who have not yet
seen our stock of spring Dress
Goods we would say that we
have never shown as fine a line
OF fine goods, nor one contain
ing as many novelties.
We know that we own many
styles not to be found in any
other house in this city. Then
we have many fabrics at low
prices which make neat and
tasteful combination dresses for
ladies and children.
We never had SO many
shades of light-blue, pink and
cream cashmeres and Alba
tross cloths as at the present
time, and the public have
shown their appreciation by
being liberal buyers the last
two weeks.
We opened this morning a
line of moires in black, blue,
wine, green, brown and steel.
Our stock of kid gloves was
never as complete.
The daily gazette., 1882-05-08

supply s sy, uay, remarks an exchange.
urse, reiers ,a lamlly with flour. This of
|E,.b,s ,'' 70 the saloon keepers family.
e'Hi, Hi'ngIG9 TSi9.s scene Deep-voiced Guzzler
Boomers y h. prlng me three more
fng-aTbo,A Awe-struek ,' spectators, whis.
Navy" @' must be the new Secretary Of
IN and 1Set get saDs. MTs, Partington, rrun down
say the cooii sOiIie venom extinguisher; i
lnOrous thai attISSKroaches Sl are getting sc
en-" and In. TEo m almost repelled to decoS
'Ae' smiling, said ''yessum, .
The daily gazette., 1882-05-08

Elephants, it is believed, can be taught to
play billiards. If so, 1t will be O great re-
lief to young men who are now Obliged TO
give up SO much of their valuable time to
this work.
The Christian AdVocdte says that thousands
Of good men are spoiled by marrying the
wrong woman. The woman who marries
thousands Of good men must be very wrong
and no wonder the good men are spoiled.
The daily gazette., 1882-05-08
w M. KENNARD AND co.
CARPETINGS.
INVITATION TO CARPET BUYERS.

INVITATION TO UAKPET BU EhS,
You had better buy now
while we have a complete
assortment of the newest styles
which we offer at very attrac-
tive prices, and our prices are
conceded to be lower than you
will meet with elsewhere. 1t
is not likely that you can gain
anything by waiting.
The daily gazette., 1882-05-08
BODY BRUSSELS.

We exhibit many new de-
signs in Body Brussels Carpets
which are worthy of special
notice.
The daily gazette., 1882-05-08
INGRAINS
in all the new effects and at
prices from so cents to $l.
CHINA MATTINGS

are now in season, and we are
as well prepared, maybe better,
to supply the demand at popu-
lar prices, than any other house
in the city. We have all
grades, from 22b cents to IS
cents. We have the jointless
mating, which means no
piecing, nor separation when
laid upon the floor. DO not
keep a lower price mating
than 22I cents, as we cannot
recommend them to wear.