davidaulloa/AmericanStories huggingface dataset:
Daily globe. [volume] (St. Paul, Minn.) 1878-1884, 1883-12-23
ARTICLES OF INCORPORATION.

CERTIFICATE OF AMENDMENT OF AR
" ticles of Incorporation of the WATER Power
COMPANY OF CLoQUET.
1t is hereby certified that a regular meeting of
the stockholders of the Water Power Company
Of Cloquet, held at the Office of the company in
Carlton county, Minnesota, on the Alta day of
December, A. d. 1883, by majority vote in
numser and amount of shares and shareholders
of.said corporation, the following amendment OF
tie Articles of Incorporation of said company
was adopted by passage by such vote of the fol-
lowing resolution:
Resolved, That the original articles of incor-
poration of the Water Power Company of Clio
quet, which were filed In the Office of the Regis
ter of Deeds Of the county of Carlton, State of
Minnesota, on the 2zth day of November, 1882,
at o'clock p. M, and recorded in Book B of
Miscellaneous Records, page IL, etc., and
filed for record in the Office of the Secretary of
State, on the 9th day of November, 1882, at
o'clock p. m, and duly recorded in Book FL of
interpretations, on pages so, 81 and 81, be
amended as follows, to-wit.: That article four
(4) be amended, altered and changed by insert
ing in lieu of the words some hundred thousand
and the figures "(Sl00, 000)'' the words two
hundred thousand and the figures (S2U0, 000), so
that the said article as amended shall read as fol
lows, to-wit:
ARTICLE ".
The highest amount of indebtedness or liability
to which said corporation shall, at any time be
subject is two hundred thousand ($2O0, 000) dol
lars.
And that Article six (6) be amended, altered
and changed by inserting in lieu of the words
ssfive Directors the words seven Directors, and
inserting in said article six (6) after the word
''Fi esident" where the came occurs in said ar
ticle, the words Vice President, so that said ar
1icle six (6) as amended shall read as follows,
to-wit:
ARTICLE VI.
The names of the first Board OF Directors of
said corporation are William w. McNair, James
III. Paine, Mark Paine, D. III. McEwen and Edgar
". Wilson. The government of the said COR
poration and the management of its affairs shall
be vested in Board of seven Directors, who
shall be elected annually on the first Tuesday of
December of every year for the term of one
year, and until their successors are elected and
qualified. The Board of Directors, at their first
meeting and thereafter at their first meeting
following each annual election of Directors shall
choose from among their number a President
Vice President, Secretary and a Treas
whose term of Office shall be until the next
annual election thereafter and until their sue
cessors are chosen and qualified.
The Board of Directors shall also elect 6
General Manager who shall hold his office during
one year OF the pleasure of the Board Of
Directors.
The Office Of the Secretary and Treasurer may
be held at the same time by one and the same
person.
All such officers and any agent whom the
Board Oh Directors may appoint shall perform
such duties as the Board of Directors shall by
the Bylaws or otherwise prescribe.
WILLIAM W. MoNAIR, [Seal.
EDGAR W. WILSON, [seal.
Secretary,
Daily globe. [volume] (St. Paul, Minn.) 1878-1884, 1883-12-23
chicago rrocuoe market.

CHICAGO, Dec. 22.-FIour dull and I'M
changed; common to choice spring wheat
S.50G5. co; Minnesota s.sO@4 as; patent $50
D7.00; winter wheat -four, southern and Mis-
souri, 4.75@5. rs; Michigan 4.00@5.59 Wheat,
quiet and averaged a shade lower; prices fuctu-
ated within a range of Nc, and closed 1sc lower;
sales ranged: December 81 69975sc, closed at
9lSsc; January g75s@9SAc, closed at SS1sc;
February 9sSS9s9]sc; May 1.t5M@1. 1868 4,
at S756c; No. spring 79G85c; No. red win
ter soc@l.02. Corn quiet; opened easier,
closed strong; prices fuctuated within a range
of x@lNc, and closed 4Gs4o above
yesterday;cash COX @61 q, closed at 6l1s@61sl;
December 60A@6iNc, olosed at 6Ilc; Jan
nagy greek closed ssl S27sc; EsbTuaEy
closed at 621sc: June 6l@6l51c; July 6s@
62Ac. Oats quiet; opened shade lower but
subsequently advanced; each s3A @34c, closed
at Sac; December 34c; January S4s@84A,
February 34ss@34ss, closed at S499tc; March
3sc; May 3SA @SS5sc, closed at sS1i9SSx9
$500. Rye steady at Goo. Barley dull at
651fc. Flax seed steady at 1 "A. Pork in fair
demand; declined 100 SC and closed compare
lively steady at outside figures; cash 13.s00
14.00 for old, l4.s711Gi4.50 for new; Deem
Der IS. 90@l4.G0; January 4.471<0l4.60, closed
at Il. 571s @14. February l4.65@I4. 80, closed
at "A. 7715@14. 80; March l4.85G4. 95; May
10 .2OV l5.S215, closed at l5.30@l5 3213
Lard quiet and 219@5c lower; each s.s5@s. &c;
January 8.90@S.95; February 9.O5@9. 10,
closed at s.077s@s.l0; March 9.1775@s. 20;
May 9.40@9.45, closed at Gas. Bulk meats
in fair demand; shoulders 6.25; short ribs 1850;
short clear 7.75. Butter quiet and unchanged;
creamery 24@slc; dairy 2O@27c. Eggs quiet
and unchanged; at 27928c. Whisky steady and
unchanged at LIS.
Receipts, 1860 barrels of -four; 5000
bushels of wheat; i56,00o bushels of corn;
$4,000 bushels of barley. Shipments, $4,000
barrels of -four; $4,000 bushels of wheat;
$4,000 bushels of corn: $4,000 bushels OF
oats; $500 bushels Of rye; 10000 bushels of
barley
Daily globe. [volume] (St. Paul, Minn.) 1878-1884, 1883-12-23
EVENING REPORT.

EVENING REPORT.
Honey market at 2@21 per cent,
,los;.g oSared 1t ~ oer cslt. frlne mercantile
uacer oE151s er ceIt. STRING sAenaLIe.
bankers bills dull at 81 .S1%; do. ex. demand,
s484I.
Exports of specie from New York for the past
week, 1862 600; total since Jan. !, 1886 ,00O
9overnments-Strong.
Bonds-Railroad bonds firm.
State Securities-More active. Louis ana con-
ssls sold at rs, Tennessee G's, new, 375s988H,
do. old SO.
Stocks-The stock market was quiet and very
irregular to-day, although there were spasms OF
activity il a few leading shares. In early trad
ing Louisville & Nashville, Chicago, Burlington
& Quincy, Western Union Telegraph and Union
Pacific were week, while Oregon Transcon.
tinental, Granger and Delaware i Lackawanne
were firm After II o'clock the whole macket
| weakened. BY noon the market was firmer
| under the leadership of Oregon Transcontinenta
AID Union Pacific. Speculation was quite steady
until near close, when Chicago & Northwestern
and Chicago, Milwaukee & st. Paul weakened
selling down to l164 and 9S5s, the lowest prices
of the day and week This Influenced the gen
eral market and prices again declined. Oregon
Transcontinental and Union Pacific, however
twere firm. The sensation of the day was tht
drop in Pullman Palace Car, brought about BY
the usual Tumors. People in position to know
say the bear raid did nothing more. At tn,
Pullman Office it is stated the company never die
better business than Tow. Its earnings from
Aug to Dec. were $780, 600 more than dur
lug the same period last year. As compared
with last nights closing, prices are u to 4 pc
cent. lower, except Canadian Pacific, Northern
Pacific preferred, Oregon Transcontinental
st. Paul, Minneapolis & Omaha, Texas Pacif
and Union Pacific, which we're Is to q per cent
higher Sales of stocks for the week aggregated
2,246,14s shares.
The transactions aggregated $4,000 shares
New York, Lake Erie & Western 1900
Lake Shore Is, 900 louisville & Nashville 29, 600
Missouri Pacific 5000; Chicago & Northwestern
| $4,000; Northern Pacific 10000; Philadelphia I
Reading 5000; Chicago, Milwaukee d st. Pau
A GOO; Union Pacific $1,000; Western Unio
Telegraph 10 o.; Chicago, Burlington Il Quinc
Oregon TRANSFER tinental $4,000.
! MINING STOCKS.
There was only moderate business in mimi
shares til morning, but the market was firm
Northern Belle advanced to IS, Sutro funnel t
II and Sierra Nevada to S40@350, the latter i
sympathy with advance in San Francisco. Th
market was dull this afternoon. Horn Silye
sold 6ss, Navajo $50, Robinson Consolidated so
Bodie was weak and declined to 20.
Daily globe. [volume] (St. Paul, Minn.) 1878-1884, 1883-12-23
District Court.
SPECIAL TERM CALENDAR.

SPECIAL TERM CALENDAR.
before Judge Brill.
In re-assessment for grading Maria ave-
nue. to Maple avenue; continued.
Jessie Dasoomb, VS.. John Dascomb; con-
tinued.
In matter of the application OF board of
water commissioners and others for the
vacation of certain parts and portions of
Vondais Lake villas; continued.
John Parvis, VS.. the Oily of st. Paul;
continued.
Peter Ducrat, vs.. Anthony Toony; con-
Inued
Fred Richter, against the board of
county commissioners of Ramsey county
continued.
George Il. Merrill & Co., vs.. Oliver F.
Glenn; continued.
Wallace & Ryan, against the city of st.
Paul; heard and taken under advisement.
Dawson, Smith & Scheffer vs.. L. Bresi-
dent and the German Life Insurance COM
pany, garnishee; referred by consent to
take disclosure.
Charles & Archibald, VS.. 81. @. Wing
defendant, and F. A. Seymour as assignee
OF the Bank of Pennington, MINI. gar
nishees; referred to Owen Morris to take
disclosure.
Lena X. Stowe vs.. Ida Pilgrim and
Albert F. Pilgrim, defendants; submitted
j. l.. Bertrand vs.. L. Bertrand; contin.
ued.
Daniel B. Vermilye vs.. Mary G. Yer
milye, order to shoW cause; heard and
taken under advisement.
Joseph Sisbel VS.. F. M. Fulton; con
tinued.
F. H. Thorp V. John T. Brothers
defendant and the Northern Pacific Rail
way com pany, garnishee; gernishee up
pears and case continued two weeks By
consent.
c. Gotzian & Co. VS.. E. Ingalls, and
National German American bank, garni-
shee; referred to Chas. T. Dana to take
disclosures.
Gustave Willius vs. Playfair G. Auit
heard and taken under advisement.
Mary Goulet VS.. Peter Goulet; heard
and granted.
N. B. Whitman, ct al, vs.. Thee, Borup
ct al; heard and granted.
Marion Lamprey, an infant, VS., Flor
eboe Lamprey, petition for appointment
of q guardian, ad Item; continued.
CIVIL CASES.
The Mississippi and Rum River Boon
company vs.. Prince &, Houlton; on trial
Adjourned to Is a. M, Wednesday.
Daily globe. [volume] (St. Paul, Minn.) 1878-1884, 1883-12-23
New York Produce Market.

New YoE1, Dec. 22.-Flour dull; receipts
$1,000 barrels; exports 5000 barrels. Wheat
spot lots A@79c stronger and higher; options
opened 14@5sc lower, later ruled stronger and
recovered 1890, closing quiet ard steady;
receipts 10000 bushels; exports 57,UG0 bush
els; No. 2. Milwaukee l.09; No. 2 Chicago I.05k
O. 10, ungrsded red 92c@l.I5; No red
1.O3s4; No. red 1.l4Sm i.151a; ungraded
white 94c; No. 3 red December nominal at
1.121s; January sales 424, 600 bushels at l.12%
9l.ISB, closing at lib; February sales 728,-
00O bushels at i.14l91.151a, closing at LIS;
March sales $4,000 bushels at IL s4@1.17A,
closing at LIZ; May sales 400, 900 bushels at
l.2O1s@1.21, closing at l.2Os4; June sales 1885,
eco bushels at l.205s@I .20X, closing at l.20sl.
Corr, spot lots and No. higher; options
opened 3s@Mc lower, later recovered from the
decline, closing steady; receipts S,uU0 bushels
exports 81, 900 bushels: ungraded z9966c; No.
55@56c: No. 2 64k@6679c; No. white
o5070c; low mixed 66c; ungraded white GIG
February 66>eou5s,, closing at 6614c; May
6ST@63Ac closing at 63Ac. Oats quiet but
steady; receipts $4,000 bushels; exports $50
brshels; mixed western 40@4lslc; white west
ern 4l@44c. Coffee, spot fair; Rio stronger at
1900; options l0@20 points higher, closing
barely steady; sales 1000 bags Rio No. De-
cember at 1880; $3.50 bags January at
@lO. SO; $3.50 bags March at 10 5O@lO 60;
1850 bags April at 10.s5@10.70; 1900
bags May at IL. 65gl0.75; $50 bags J une
at lo.70@10. go; 500 bags July at 1870.
Sugar steady and more active; refined dull
white extra c 655sc; yellow 51s@5slc; off A 6%
@7Ac; cut loaf and crushed 8slc powdered
8H@83kc. Molasses quiet but steady. Petro-
leum quiet; united l.l4as. Tallow firm. Tur-
pentine dull at 35c. Eggs, western fresh, de-
mand fair and market firm. Cut meats nominal.
Lard firm; prime steam 9.25; December 9.17
9.57@9.66. Butter, quiet but firm. Other
articles unchanged.
Daily globe. [volume] (St. Paul, Minn.) 1878-1884, 1883-12-23
Everybody Knows It.

When you have Itch, Salt Rheum, Calls, or
Skin Eruptions of any kind, and the Piles, that
you know without being told of it, A. P.
Wilkes, e. & E. Zimmerman and E Sterile, the
druggists, viii sell You DR.. Bosanko's Pile
remedy for fifty cents, which affords immediate
relief. sure euro.
Daily globe. [volume] (St. Paul, Minn.) 1878-1884, 1883-12-23
L-COMFORTIgG.
EPPS'S COCOA!
BREAKFAST.

"By a thorough knowledge OF the natural
laws which govern the operations of digestion
and nutrition, and by careful application of the
fine properties of well-selected Cocoa, Mr.. Epps
has provided our breakfast tables with deli
cetoly favored beverage which may save US
many heavy doctors bills. 1t is by the judicious
use of such articles of diet that constitution
may be gradually built up until strong enough to
resist every tendency of disease. Hundreds of
subtle naladies floating around US ready to
ettark wherever there is weak point. We may
ESCAPE many fatal shaft by keeping ourselves
well fortified with pure blood and a properly
nourished frame.''-CiviI Service Gazette.
Made simply with boiling water OF milk. Sold
in tins only Glib and Ill., by Grocers, labeled
thus:
JANIS EPPS m H Gsssss esss Chemists.
Daily globe. [volume] (St. Paul, Minn.) 1878-1884, 1883-12-23
Municipal Court.
before Judge Burr

Jos. Cummings, John Clark and VIM.
Foley, vagrancy; sent out of the city.
Vim. Erickson, reckless driving; fine of
SO paid.
j. Ransom, drunk and disorderIy same.
G. Davenport, disorderly; continued to
The oath.
Andrew Holm, ASSAULT same.
Olof Olson, larceny; continued until
Tuesday.
Daily globe. [volume] (St. Paul, Minn.) 1878-1884, 1883-12-23
o. s. Circuit Court.
% Ns O"CNeO NV"FI'
before Judge Nelson.

Before Judge Nelson.
T, j. Schneider vs.. Huber Manufacture
company; verdict for $50 in favor of
plaintiff.
G. Anltman & Co., VS.. Peter Thompson
exception to ruling noted.
E. R. Atkins vs.. Fl. B. Volmer, ct al. I;
jury waived.
Geo. W. Merrick, ct al, VS.. W. W. Ham
ilton; continued.
Daily globe. [volume] (St. Paul, Minn.) 1878-1884, 1883-12-23
THE COURTS.
Supreme Court.

Supreme Court.
NJ. K. Belts, appellant, VS., F. g.
Schneider, respondent.
Syllabus The plaintiff in action is rot
entitled TO dismiss as matter of ght
under SUD. L. Sec 262, oh. &c, Gen. Statutes
1873, after the trial has actually com
menced.
instruments of protest made evidence
by section 3, oh. 26, Gen. Ststutes, may
include the proper certificate of notice to
endorsers, and as such are prima facie ev-
idence of the facts therein contained.
Where the certificate included is an in
strument of protest exc
cuted by notary of another state, recited
that he ''duly notified the endorser" of a
note of its dishcnor held, that the same was
prima facie evidence that the endorser
was actually or personally served with the
proper notice.
When, however, it was made to appear
in rebuttal that he never in fact received
notice, it devolved on the holder of the
note to prove the facts showing the exer-
else of such diligence as the law recog
nizes as equivalent to actual notice.
If the service was in fact made by mail
at the actual or reputed place of residence
appear either by the notstorial certificate
or evidence aliunde.
AS the case stands the order denying q
new trial should be affirmed.
VANDEBBERG, J.
School District No. 10. of Washington
county, appellant vs.. John Thealander,
respondent.
Syllabus-Under section SO, chapter Sc,
general statutes 1878, the issuance of an
order by school district clerk drawn by
him upon the treasurer for the payment
of the weges Of teacher, known to him
not to have been licensed to teach and paid
out of the funds appropriated for teachers
wages is an unlawful diversion of the
| public school funds from their legitimate
| channel, and subjects him to the penalty
| prescribed by that section.
| Order reversed.
| VANDERBFRG, j.
Hiram 7. Horton, respondent, vs. Charles
b. Chadbourn, appellant.
| SyIlabus-The character of a witness
for truth and veracity cannot be i'm
peached by evidence of the individual
opinions or declarations of the party
calling him to the effect that such witness
is unworthy of belief.
| Where it is sought to impesch the credit
of witness by self contradictory state
| ments made out of court, the foundation
| must be laid therefor by the proper pre-
liminsry inquiries of the witness himself
Daily globe. [volume] (St. Paul, Minn.) 1878-1884, 1883-12-23
Lake Elmo and Saltwater rrsias.

LEAVE MIsNXhpoI,gs
id:4o NJ, 1880 am, 1880 N, 12:Oom, Y1:10 Ssa
1880 STD0 2 Il.
LEAVE 1T. PAUL.
$500 1915 m, TS:Oo eI. l0;0b q Ia Y12;4s
n205 . rs:0S 2 end 7:55 p ID.
LEAVE B9IlIlvArEE FOR N. PACL ; sTEE1Apos =
7:S0 is:28 a M fI2:cJ @t:13 Drn, 1870 = ~,
43 II, is 81 p M
' Dai!y. ! Ilz cept 5undaye. ) Except ssondsFs
AZ Tickets, Sleeping CIR Accommodations
al INFORMATION can De secure At
30. g ,jlOoliet Eouse Blncf, MIunesGciiss
J. CBARBONNEi. u, Hickes &ga
minneapolis depot. corner Washing "a ard Fcurth
avenue north, II. l.. MARTIN, tiaeet AaE13.
Corner Third sn0 5acksoD streets, st. PApl,
0HAS. Ii. PE1S0H, City Ticket Agsni.
Few Union Depot, foot OF sibley street.
KNEBEL Il BROWN, Ticket AseutE,
Il. z. HAYDEN Ticket Agent, etillvasar.
Daily globe. [volume] (St. Paul, Minn.) 1878-1884, 1883-12-23
Receipts and SHIPMENTS.

Receipts and shipments of grain, live stock,
produce, merchandise, ETC., for the twenty-four
hours ending Dec. %, 1888:
Articles. Reed Sh'dArticIes. Reed Sh'd
Daily globe. [volume] (St. Paul, Minn.) 1878-1884, 1883-12-23

Oats quiet and unchanged; No. q s4c. Eye
higher; No. 6)}<o; No. 2 59c. Barley dull
and lower; No. 2 &c; extra No. 5 sc. Provis-
ions lower; mess pork 14.55 January: i4.75
February. Lard, prime steam, 9.05 Fehru-
AIRY. Live Logs eteady at $50. Re-
celpts, 5000 barrels of Eoul; 69,u00
bushels of ~best; 1880 buebs,e Of barley
Shipments, 1900 oerrsia of ecus; "a, 900 bush-
els of s,t,eat; 1900 bushels Of barley.
Daily globe. [volume] (St. Paul, Minn.) 1878-1884, 1883-12-23
Every HouseMifa

Will find it to her interest to call and examine
our Aurora and Minneapolis carpet sweepers.
John Matheis, No. II East Third street.
Daily globe. [volume] (St. Paul, Minn.) 1878-1884, 1883-12-23
Ulaica.:ao Live Stock.

CHICAGO, Dec. 22.-The Drovers' journal
reports: Hogs, receipts 1900; shipments
$500; dull and weak; prices 15c lower; packing
4.S5G5. 80; packing and shipping 5.50@6 To-;
light 4.S0@5.45; skips 3.O0g4 80. Cattle, re-
ceipts 2,520; shipments $50; dull and quiet;
values were weak; exports 0016. 40; good to
choice shipping steers 5.4006.0Q; common to
medium 40095.l5.
Daily globe. [volume] (St. Paul, Minn.) 1878-1884, 1883-12-23
F. r. OLDS g. co.,

New Tacoma. W. II.
Investments made in city and farm property,
timber and coal lands. Buildings erected. Loans
negotiated. Rents collected. Taxes paid, etc.
The building department will be in charge Of a
competent and reliable architect.
References: Banks of New Tacoma and Roch-
ester, MINI. Correspondence solicited.
Daily globe. [volume] (St. Paul, Minn.) 1878-1884, 1883-12-23
Family Retail Market.

BREAD AND FLoUR-Wheat brea d sc per ID
rye bread, &c per Id; Vienna bread, l0c per loaf;
-four, &c per Id.
Daily globe. [volume] (St. Paul, Minn.) 1878-1884, 1883-12-23

A, means daily. g, except sundsy. &c, s1csp
Saturday. T, except Moaday.
Additional trains between ST. PAU end Nlnnesro
lie, via short Line" leave both cities hoGr7. For
particulars gee Short Line timetable.
st. Psul-Ohas. Thompson. City Ttcsst agent ISL
2, Third street. Brown & Knebsl, Ticket agents.
Union Depot.
Minpeapolis-a. L soost, C'ty Tieket 4 gent, 10
T,colIat House. a. 2. Cas1aheri liz 4 Ficka
Agent, Depot
Daily globe. [volume] (St. Paul, Minn.) 1878-1884, 1883-12-23
STATE OF MINNESOTA.

STATE OF MINNESOTA,
DEPARTMENT OF STATE.
hereby certify that the within instrument
was fled for record in this Office on the Goth Gay
OF December, A. D. 1888. at o'clock p. M,
and was duly recorded Ia Book OF Incorpora-
tions, or page II, etc.
FRED. Won BAUMBACH,
355-2eI Secretary of State.
Daily globe. [volume] (St. Paul, Minn.) 1878-1884, 1883-12-23
Financial and stock Markets.
MORNING REPORT.

NEW YORK. Dec. PAL a. m.-stocks
opened irregular. Before first call prices adj
vanced 1s to q per cent, the latter on Northern
Pacific preferred. Union Pacific weak at 75@
1879.
AFTERNOON REPORT.
Money easy at 2@21S per cent. Prime
mercantile paper 59615 per cent. Bar silver,
sl.l0%. Sterling exchange dull at 1872 long,
$4.65 sight.
BANK STATEMENT.
Loans, increase. ............. S0u,ocU
specie, increase. S,06o, otO
Legal tenders, decrease. .............. 622, 800
Deposits, increase ....... 3, 199, 300
Circulation, increase. .............. 44.l00
The banks now hold S6,694,750 in excess of
legal requirements.
Governments-Strong.
State Securities-Quiet.
Ronds-Railroad bonds generally firm.
Stocks-Lower aften IL a. NJ Union Pacific
declined to 1871, Chicago, Milwaukee & st. Paul
to S3sl, and Louisville & Nashville to 43sz.
Near midday prices rallied a fraction raid
on Pullman Palace Car stock forced the price
down from 1 9 to 1851, rallied to 11611z. Oregon
Railway & Navigation fell off to 100. Stocks
were quiet aud steady the greater part of the
afternoon. About 2 o'clock Union Pacific rose
to 77115, and Dragon Transcontinental to 26A
Near close Chicago & Northwestern and Chicago,
Milwaukee st. Paul weakened, the former
selling down to 1164 and the latter to 931S.
Oregon improvement fell to 55956. The market
closed irregular and in the main weak.
Daily globe. [volume] (St. Paul, Minn.) 1878-1884, 1883-12-23
UoNCURR1NG oPINIoNs.


[ concur in the decision Of the case, but
prefer to place 1t upon tho ground that the
rules governing the impeachment of wit
nesses have been esta biished noe exolu-
eively for the benefit OF the parties to the
action, bat also and perhaps chiefly for the
protection Of the witness himself, and
therefore be cannot he inpeached by mere
hearsary evidence, although it may consist
Of the statements of the party who called
him. MITCHELL, J.
Daily globe. [volume] (St. Paul, Minn.) 1878-1884, 1883-12-23
Charles Butler and John Lghss, psrtaers
IS Butler & Lahse, appellants, We. Con-
rad Bohn and e. P. Wilce, former part

Charles Butler aud John Lghss, partners
as Butler & Lahse, appellants, vs.. Con-
rad Bohn and e. P. Wilce, former part
ners as Bohn d Wilce, respondents.
Syllabus-in case of trial by the court
the statement CT "faots found' required
mate facts as are the legal effect of the
evidence, determinetive Of tho material
issues in tbs case and necessary as the
basis of a iudsmsnt.
Defendants having let Job to plain
tifs for a specified price it was agreed be-
tween them that $4,000 thereof should be
retained by defendants for purpose for
which for ought that appears TO the con-
trary it has been employed. The agree
ment FOR the retention was repeatedly
recognized and at length completely car
ried out by the cooperation OF the parties
Held, that this is effectual as gift of
the SIS Geo, or an abatement of that sum
from the contract price.
If the agreement was corrupt one, it
having been completely executed, the law
will leave the parties where it finds them
and Will give affirmative aid to neither.
duly signed receipt in the form fol-
lowing, viz:
'$11,O0. Received this 18th day of
August, 1882, eleven hundred on x * X
asylum contract of fifty five thousand dol
lars" is a receipt for eleven hundred dol
lars.
The Judgment is affirmed.
RrRRY T
Daily globe. [volume] (St. Paul, Minn.) 1878-1884, 1883-12-23

And where such impeaching evidence is
contained in letter or other wiring of
the witness, its production may be insisted
on in Justice to the witness, and the omis-
sion to produce it can not bs supplied by
evidence of the extra judicial adinis-
sions of Its contents made ny a party to
the suit.
Ii the paper is lost this fact must be
first satisfactorily established, al in other
cases, before secondary evidence can be
received.
No error is apparent upon the record,
and the order denying new trial is
affirmed. YANDERBERa, j.
Daily globe. [volume] (St. Paul, Minn.) 1878-1884, 1883-12-23
DEPARTING TRAIEs.


Milwaukee b Chicago Ez.
Milwaukee b Chicago EI. =
La Crosse, Dubuque, Rock
Island l. st. Louis Exp.
Daily globe. [volume] (St. Paul, Minn.) 1878-1884, 1883-12-23

JOHN W. RUMSEY Il co.
Commission Grain and pr0YlSiOns
126 Washington St.. B Island 10,
CHICAGO ILLS