davidaulloa/AmericanStories huggingface dataset:
St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1884-07-09
srrHEME couRT JUpGE.


To The Editor OF the Globe:
ST PAUL, Mimi, July 8, 1SS4.-Referring
10 the intended transfer OF Oakland cemetery
into pubic park the directors OF said insti-
tuition may depend upon 4 hearty opposition
from many sides of The lot owners as to such
transaction.
Why such is intended and on what grounds
is utterly coudcmnabe and is bound to cause
bad feeling among mourners or parties inter
rested.
As yet the cemetery is but onc-third part
occupied, and already this here park scheme
has aroused some ones mind apparently for
the purpose Of serving his or their individu-
al interest, they probably being owners of
real estate in the vicinity.
Before talking about transferring said
Oakland cemetery into public park let it be
n cemetery, resting place for the dead by
all means, and as such let it be respected ac-
cordingly, and in order TO do this and have
it this way, the directors of said institution
should see that the necessary precautions are
taken to keep straggiers out and put stop
to the robberics of plants and flowers ON the
graves of the dead.
Let it be understood that those grounds
are sacred and should be held SO by all men,
and let people become familiar with the idea
that that sacred place is intended for some
thing else beside counting and picnic grounds
as such have been carried on to the utmost
disgust Of every respectable person aud
mOurucr.
Now then, in conclusion it does not seem
Just nor to bc an honorable dealing of lead
ing parties purchasing lots oat there, to go
through such heavy expense in identifying
some by putting up monuments andplanting
flowers, Gle. to mark the resting place OF
their beloved dead, and then have such re-
may, at the VIII and pleasure of some in
diyidu&i whose interest it may be TO have
park out there rather than 4 cemetery.
81 Paul would not be the first city with a
cemetery in its midst Other cities have
such aud they are proud OF as they are kept
in a manner crcditahlo to them. What fault
can there be found with this Institution he
inc in our city when there is nice stone
wall put around it, straggers kept out, and
the place kept in an orderly strictly becom-
ing manner for the purpose. We all pray,
l,t tile dead rest In p-acc, ana cursed be he
Nho viii remove their bones.
C0SeAD STtt-rZ
St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1884-07-09

George Farnum, Of the Erie road, and
Major Murray, OF the West Shore, are In
town.
Northern Pacific land sales for the fiscal
year ending June 80 amount to AS,
acres. 81, t55, 235. The pumbcr Of town lots
sold during the fiscal year was 1884 for
$g4, s9l.
The line between Taeoma and Seattle, on
the Northern Pacific road, was opened yes
terday and will be operated by the Oregon
Improvement company. This makes a
through rail line to Seattle.
Mr.. Bern, formerly private secretary to
General Manager john e. Gault, of the Wa
bash. has been appointed private secretary
20 the general manager % tae Chicago Il Al
ton, IA place Of ;. l.. Whipple.
Eaya!ngs Of the Northern for the month Of
Juat sA.iS an increase OF S266, iaS Those
of -, Psc.sc Coast railway didisiou Of the
Orr. y, Improvement eompany for tue month
Q. IA, show an increase OF $i,2S3.
Ekssus.vs preparations are being made to
accommodate The travel to the Yellowstone
park this season. The hotel that has been
50 long closed IS now open to the public At
the lower geiser basin, thiyty-seyen miles
from the Mammoth Eot springs. Nr. Mar
shall is putting up b ,,ei accommodations for
sixty people, besides which he viii put up ten
log cottage which viii BE- madc warm aud
collgarf..bie. Ills s. at in addition % The
Recommendations :. tie N1uis Ge!scr basin.
St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1884-07-09

There is not much comfort in this from
the Clark County Redeg for those who think
that Dakota will never be safe or desirable as
residence as long as the dissolying gov
ernor remains in #: '.Goy. Ordwar intends, {"
says Dakota politician, ITO keep his home
in Bismarck. His aim in life just now Is TO
meet his enemies eye to eye, and he viii stay
with us as long as there is q man Of them
who wants to cross affidayits with him.
Wintersswill find him In Washington, where
he has charming home, worth, in the recent
advance in real estate, something like $780,
900. He has a good deal Of property in
Dakota also, if reports amount to anything.
Ordway IS a good neighbor and prominent
man wherever be IL. Bismarck will be glad
to keep him. And, to tell the truth, as time
and the slush and current Of viIlification pass.
he is beginning TO look better than he has
been painted. He may be one Of our maiden
United States senator's,
St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1884-07-09
MiIIbnllE. DnE.

Especial Correspondence of the Globe.l
MILLBASK, July S.-The crops in Grant
county are looking fine, and If nc bad storms
come the yield will be fully up TO last years.
The farmers are building an elevator here,
with which they intend to handle their COM
ing crop independent of the millers Of Min
neapolis.
The Fourth was observed in Millbank in
good old style, the procession reaching fully
one mile in length. A heavy rain set in
about o'clock, thus putting a stop to all
further proceedings.
A man by the name of Briggs while at
tempting to board a moving train was killed
here last night, the wheels Of the cars pass
ing the entireSength of his body.
The many friends Of the GLOBE here are
waiting for the result of the Chicago con-
veution. hoping and believing that that con-
vention viii name the next president
St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1884-07-09
1aniciqai Court.
before Judge Burr.

W. Ryan, larceny; held to the grand jury.
George Daily, disorderly conduct; dismissed
Aggie DAILY, disorderly conduct; paid $40
ane.
". Dohcrty. drunk and disorderly; committed
for fifteen DAYS.
Ed Carson. drunkenness; committed for If
teen yesrs.
Thomas Carroll larceny; continued to the
18th.
W Tanning, drunk; committed for fifteen
days.
A. c. Young. drunk fne remittei.
7. Thornton. Geo. SontSy and J. Mouahan,
ysssrauey: continued until to-day.
Ed. Powers. larceny; continued until to-day.
Ed. Norm, larccny; continued to 18th.
jas. Brady. DRANK sent out OF the cits.
James DoheEty and Gea. Harvey, yagrancy
sent out Of The city
IL. Alters and Geo. Dates. vagFaucy; sent Oat
CT the ctr.
II. Feeket. larceny. committed Tor thirty days.
y Blair. fast driving; confirmed until to-day.
Taos. Losaa. keeping saloon open after mid
night; paid s2S Hne
Charles waitoa. diserderiy conduct; Continued
Rutn To-day.
4 Jackson, assault and battery; continued
until today.
St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1884-07-09
One Plan Of Dirision.

The Redfeld Journal and number of other
influential papers in the south are urging
that the Sioux Falls state constitution be
abandoned as dead duck. and new conven-
tons be called next winter by authority of
the legislature. The Joafrnal says: 1T would
probably be well to provide for convention
for north Dakota, too, as there seems TO be
no disposition on the part Of our northern
neighbors to prevent the division of Dakota.
On the contrary. they seem to favor the early
action OF congress upon the matter, and the
ultimate division OF the territory as two sep
arate states. The failure Of the late consti
tutionaI bill to become law, and the light
vote rolled for the unauthorized constitution,
had tendency 10 establish in the minds Of
congressman that the people Of Dakota are
not yet ready for statehood A constitution
prepared hy authority Of the legislature and
voted upon At legally instituted election
St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1884-07-09
DAKOTA & MONTANA
Collected and Forwarded by Telegraph
to the Daily Globe.
Fargo Special kilograms July 8, to the St.
Paul Globe.

The friends of delegate Raymond, while
not dispeased with the appointment OF Mr.
Francis as the new judge for the north, are
not at all euphemistic in their illusions to
President Arthur for the signal snub he gave
Mr.. Raymond in rejecting his earnest APP
peal to select Mr.. Flannery for no known
reason except to show his feeling toward
Dakota and its representative. The Sperry
selection is attributed to conyivial mood,
which is said to be not infre1uent at the
white house, and was unquestionably the
most fragrant insult to the territory and Mr..
Raymond. Many insist that self-respect
should have made the delegate an entire
stranger to Arthur from that time. 1t is ex-
pected that on his return he will address his
townsmen and explain the history of Dako-
ia matters at Washington, his efforts in con-
nection with them, and define his position in
regard to Mr.. Blaine. The impression is
that he will support the ticket.
St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1884-07-09
Home Made scnoo, .4pparat.s.

For some time Prof. Wilson, scien ce mas
ter in our high schools, has been construct
ing during his leisure time, a set of appara-
tus for his department. He has just finished
their construction and for excellence Of
workmanship, highness of polish and adap-
tibility for the use for which they are design
ed, they are equal TO those costing ten times
the amount and in many cases they are
superior to those furnished by apparatus
dealers. The greater part Of the articles en-
umerated below win be taken to Madison,
Wis, and be in practical use before the
Teachers National convention which meets in
that CITY Prof. Wilson cannot but be com
plimented on the excellent use he has made
of his spare time, and he can now boast OF
having one Of the most complete sets Of APP
paratus with which to practically illustrate
elementary physics. Following will more
fully set forth the objects Of their construc-
ton. which viii be issued in circular form
and distributed to the teachers at Madison,
Wis, with the hope that 1t will stimulate
many Of them to similar action:
The articles of this exhibit were made in
the workshop Of the Stillw alter High school,
and their purpose is to show what can be
done at home in the making Of good seryic-
able apparatus for the illustration Of the ele-
ments Of natural philosophy. The cost Of
the material used in their construction
averaged less than one tenth Of the price
given for equivalent articles published in the
catalogues of apparatus. The work was
done mainly By Mr.. Wilson, the teacher of
science, and the janitor Of the High school
building in the odd hours OF school days,
Saturdays and vacation. hence, in estimating
the cost, the value Of the material alone is
considered. As a means Of recre alton and
relaxation from the exhaustive work Of the
class room, the construction Of such articles,
to any one Of the slightest mechanical taste,
must prove source Of constant enjoyment,
besides providing, at trifing cost, the ap
paratus so indispensable to proper presen-
tation Of that all important subject, elemen-
tary physics.
The following is list Of the articles made
St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1884-07-09
Important Supreme Court Decision

Justice Dickinson, of the supreme court,
gave very important decision yesterday in
the case of Frederick Arther, respondent, VS..
Patrick H. Kelly, appellant. The appeal was
from an order refusing to dissolve tempo
rary injunction. Both parties are owners of
blocks on Plum street, in st. Paul, which is
sixty feet wide, and each
has fee of the
land to the centre of said street subject only
to public easement. The whole value of the
land in the street is q stone quarry which I'M
derlies it. The common council by resou-
ton authorized Kelly to grade Plum street
from Commercial street to Hoffman avenue
at his own cost and expense under
the direction of the city engineer and he
proceeded to take out the stone on said street
for his own use and be was doing this when
the injunction was served. The court holds
that the contracts of city to grade its streets
must issue through its board of public works
which was not done in this proceeding. and
that no resolution of the council could con
fer in Kelly against Arther the right to
remove and use for his own benefit the stone
upon the latteris land within the limits Of the
street. Inc puoiiCds eHdtcO IN the con-
struction of a public highway to use material
found in a street for the improvement and
repair of that street. and it cannot be carted
off and sold BY any resolution which a city
council may pass. The court. holds
an Injunction can be granted
and will hold notwithstanding Kelly is dam
aged for the reason that a multiplicity of
suits is avoided thereby and because the IN
jury complained of is dest, uctive to the es-
tate of Arther, and the removal of its yerv
substance.
This decision, it is thought. viii very ma
terially affect the manner in which street
grading contracts have been let heretofore in
many instances in the city which has en-
abled contractors to dispose of stone taken
from the streets 20 outside parties and for
outside purposes
St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1884-07-09
GRIND Enl.Gs.
'S"st" a. NfHos
[Snecial Corresnondent of the Globe :

Especial Correspondent of the GlobeI
GRAND FORKS, July Son Saturday even
ing City Marshal ?. W. Hennessy, of this
city, pounced down on gay and festive
youth from Moorhead, Mimi, giving his
name as Chas. Davis and who is charged
with being the lucky chap that carried one
end of the halter strap of one of his en-
ployer's horses. Mr.. Davis plead drunken
ness and goes back to Moorhead to-day to
answer to the charge of horse stealing. Mar
shall Hennessy also found the stolen property
which he holds for Identification by the
owner.
Owing to the heavy rain on the 4th, the
fireman's tournament and races were post
poned and took place Wednesday the Sth.
St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1884-07-09
Hntcl Liyingston Ass.gned.

Yesterday afternoon 4 complaint was fled
I'm the office of the clerk of the district court
and writ Of attachment issued against J.
Il. and K. NJ. Livingston, the proprietors of
tbe livingston hotel, on Wabashaw between
Fifth and sixth streets, 10y b. Kuhl Il CO.,
wholesale dealers IN wines and liquors, ia
East Third street The writ called for SS12.70,
and was served ly Sheriff o'Gorman on the
bar stock aud fixtures. which was followed bv
wit Of repleviu by DsCostor X Clark GU the
hotel furniture on claim of S695,46.
and bv Anerhsrh, Finch X Van
Slyek for 81 ,4oT on the hotel carpets,
which were served by Deputy
SheriT CIewitt. Al ! o'clock all the help
and guests of the house had departed aud
the promises we're in Charge of Sheriff
O'Gormau aud his aids, while other creditors
wer, in 9uandaTy rs towbat course they had
best to pursue Vt shout O'Clock he MeSsrs.
livingston made an assignment to John A.
BerScv. 20 whom The sheriff gave the KEYS,
but no definite statement 81 liabilities or as
sets was ob,aiashls. tsuuSiI the liabilities
were generally stated st So. 000 - $4,000.
The hotel is lacatcd in Commodore ktts1n'>
astoria block. aud wss elegantly atted up.
The house has done gocd hassness.
St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1884-07-09
District Cotr..
COURT GASES.
before Judge simons. |

Before Judge Simons.
Simon Hirseh ct al. ". Robert J. Diamond;
Judgment FOR plaintiff for $3.50 less than demand
cd in complaint
Augustus Walterhoff vs.. VIM L. and Nellie K
Mead; continued to next general term.
Cara Schwartz vs.. Carl Conrad Schwartz, ac-
ton for divorce; dismissed.
A. Buekholtz vs.. William Christeph; judg-
ment for plaintiff: new trial motioned for.
Adjourned taF10 a. IN. 20 day.
COMPLAINTS FILED.
Chas. ". Daniels VS. City of st. Paul; being 4
resident OF Minneapolis and about to commence
suit against the city, SIS bonds, for being a
nonresident, died.
Montfort 4 CO. vs.. .. NJ. Cable & Co.. of
Brainerd; suit to recover face and interest OF a
Sl45 50 draft
Charles schmidt VS.. August Lehman action to
recover balance OF $40 95, for merchandise.
Il. Eahl v. j. b. Livingston ct al, action to
recover SS5s.s0 for merchandise and attachment
made.
St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1884-07-09
Opposed 10 .snnday Cannes.

The following paper was prepared and cir
culated by Rev. j. Halstead Carroll, d. d.,
pastor of the Presbyterian church of this city.
who, in the pulpit and throughout the com
munity, has labored jealousy to secure tn,
result petitioned for:
We, the undersigned, citizens of SILVIA
ter, respectfully petition the directors Of the
base ball club Of this city, 10 prevent hereaf-
ter the playing Of games on the Sabbath day.
We urge this in the interest Of morality, and
especially in view Of its demoralizing effects
upon the youth Of our city,
Saltwater, Mimi, June 20, 1884.
D. NJ. sabin, G. NJ. McCIueur,
John McCusick, II. K. Murdoch,
i. s. Brown, Vim. G. Clark,
w. S. Goodhue, VIM. r. Thorne,
8. r. stinson, w. T. Perlee,
J. N. Castle, G. T. Clark,
J. G. O'Gorman, G. b. Marshall
III. VI. Crandall, j. Halstead Carroll
And others.
St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1884-07-09
A pnffor Fee.

The Dakota papers along the Northern Pa
ciflc will all endorse this expression of the
jamestown Capital: ''Chas. S. Fee, as gen
eral passenger agent of the Northern Pa
cific is winning new laurels,every day. When
he took charge of the passenger department
old wiseacres said he was too young, lacked
experience, ETC., notwithstanding all this,
Mr.. Fee has goneRforward from one success
to another, conducting the vast affairs of his
Office with dignity and tact, and has won the
admiration Of all who have come to know
him. Under his administration the North
ern Pacific has grown steady in popularity,
and we feel assured will continue to do so.
St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1884-07-09
News.
THE GLOBE ArsT1LLwATER.

The GLOBE has established permanent office
in the city of Saltwater, in charge of Mr.. Peter
Begg, who takes the management of the business
interests of the paper, its city circulation,
dependence, etc. Communications of local news
and all matter for publication may be left at the
Saltwater GLOBE office, 10 Main street, Excel
sior block, up stairs, or may be addressed to
Peter Begg, P. o. box 1884, and will receive
prompt attention.
St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1884-07-09

Probate Court.
[Before Jndge McGrorty.
DICKINSON, j.

BcIOre Judge McUrOrty.
Estate of Albert Neeser, deceased; account of
administrator examined and allowed and estate
assigned TO sole heir.
Estate of Maria c. Carter, deceased appraiser
appointed.
Estate of Adam Gotzian, deceased; eight
orders made directing executors to make con-
veyances.
Estate of James oRouke, deceased; j. S. DON
nelly appointed administrator.
St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1884-07-09
Bids for the Wabashaw Street Iron
Bridge.

The council committee on streets met at
the city attorneys Office with the city engi-
neer, yesterday afternoon, to open the bids
for the construction of the new iron bridge
across the Mississippi, to take the place of
the wooden and iron structure known as the
Wabashaw street bridge. Eight bids were
opened, all being accompanied with plans
for the work, and which covered under sepa-
rate figures each item of the following:
Temporary wooden bridge
Six iron spans.
Piling.
Oak timber in foundation piers
Granite masonry in piers. "A,
Masonry in No l. Z, 8, g and11 piers
Masonry in pier II and parapet wall.
Masonry in retaining wall
Coping stone parapet walls.
Grading Dakota avenue It's feet
Stone surfacing It's feet of Dakota ave
nue..
Paving with cedar block opposite to north
end of bridge.
CURLING north end Of bridge paving with
granite.
The following were the parties putting in
bids and the amount thereof
pennsylvania Bridge company, with
western office at Milwaukee. So, 1857 90
Smith Bridge company,o of Toledo, Ohio 50, 28S. so
King Bridge company, of Des Moines,
Iowa.. ...................9 o,s49. 90
Raymond & Campbell, agency at st.
Paul. ........ S9,467 90
Milwaukee Bridge and Iron works.. 87,S04 90
Missouri Valiey.B Bridge and Iron works 50 527. 90
Hough & Gear, st. Paul. ............. 90 923 so
II. E. Horton, Rochester, Minnesota. 81, 754 90
The Missouri Eatiev Bridge Il Iron works
are the lowest bidders, but the award will be
given in the plans submitted without refer
ence to the figures of the bids, which in de-
sign came nearest to the specifications sent
the parties wherein to make their estimates,
and possibly all of them may be rejected.
The committee referred the several bids
and accompanying plans to the city engi-
neer and Alderman Starkey to make report
at meeting to be held at $3.50 next Friday
afternoon.
St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1884-07-09

would certainly call out heavy vote, and
congress would thus be made to see that the
rank and file Of Dakotains are in earnest in
their demand for statehood. For the sake of
conciliating the southern and northern fac
tions, as they can be properly termed, let
two conventions he provided for, one for the
south and the other for the north.''
St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1884-07-09
Henry S. Farchiid respondent VS.. Arthur II.
Rogers, appellant


SytLa6Rs-Upon the breach of an extraordinary
contract, whereby the injured party is prevented
from performing on his part, and from realizing
profit which was contemplated by the terms of
the contract, result of the performance of it,
recovery Of damages may be had equal to the
profit which would have accrued directly from
the performance of the contract
The fact that the contemplated profit would
have been realized, but for the breach complain
ed of, and the amount of the same, need not be
proved to an absolute certainty. Proof of rea-
sonable certainty is sufficient.
Facts considered as sufficient to establish the
conclusion that an agent for the sale of certain
land would have sold it within prescribed time
and FOR price largely in excess of a sum
named.
Order granting new trial for the reason tina
charge was liable to misead the jury rs to the
law of the case. Sustained.
A contract Of a land owner with an agent
whereby the latter is given the exclusive right
to sell the land for the period of sixty days is
not III restraint af the power of alienation.
order affirmed. DICKINSON, j.
James Esun, respondent, VS.. Medora Miller and
Joseph Menard, appellants.
iSyitGbHS--In an action 10 recover the balance
OF price Of several days labor, for the greater
part of which payment had been made, q recoy-
cry should not be set aside by reason of the fact
that during part Of the entire period of
service the work was not done by the plaintiff
personally, but by solicitor employed by him,
this fact not having been relied upon in defense
at the trial and it not appearing that this not
part of the labor for which payment had been
made.
In an action to enforce statutory mechanics
lien an appellant will not be heard to raise an
appeal from the first time the question that GER
tain lands, comprising part of two city lots, was
not shown upon the trial to have not exceeded
an acre i'll area
Order affirmed. DICKINSON, j
St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1884-07-09
Supreme Comst.

The state of Minnesota ct al, Daniel Watt, APP
pellant, VS.. William B. Hill, city comptroller
of the city of Minneapolis, respondent
.Sytla6us--The amendment of 1883 to the char
ter of the city of Minneapolis, enacting that seach
alderman shall be entitled to an annual salary of
three hundred dollars had only a prospective
operation 1t did not increase the salary of those
officers for so much of the official year as had
elapsed when the act was passed. 1t entitled al
dermen to the increased salary, that is, at the
rate of three hundred dollars. a year, after the
passage of the act.
Mandamus will not be allowed to compel the
performance of an act for the purpose of ac-
complishing an illegal end.
Order affirmed DICKINSON, j.