davidaulloa/AmericanStories huggingface dataset:
St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1885-07-25
TIE ACCIDENTS.
The Railroads Doing n Work OF
Death.

Another fatal railway accident occurred
yesterday morning, this time on the North
em Pacific road at the Rice street bridge.
About 100 yards above the bridge a man
who had come from Minneapolis met the
victim of the accident Delbert r. Morgan,
and they walked towards the bridge. When
they arrived there they went to the brook.
which runs near that place. and washed
their hands. Morgan got through first and
walked back 10 the track. 4 freight train
was going out on one track. and while Nor
gan was looking at that the Northern Pa
cifc express came in at the rate of thirty
miles an hour. The engine struck Morgan
with terrible violence, throwing him some
distance, his head striking on one of the
braces of the bridge. When picked up lie
was dead. On instruction of Coroner Quinn
his remains were taken to Leigh's under
taking rooms on Bridge square. On exam
ination the various letters and papers on
his person gave his name as
above. The several papers show
that he has been living at Fargo for some
time and that he was there engaged in the
work of engineering. He carried an engi-
neers book in his pocket. Among the pa
pers was an application for a license as as
siStant steamboat engineer. 1t was dated
at Fargo, June 30. signed by Delbert l..
Morgan. and Endorsed 10y John w. Wad-
leigh aud Charles IL. Parrett. chief engi-
neer of the water works. he was a man
probably % years old, and was quite ordin-
arily dressed. An inquest will be held on
the remains this afternoon.
THE OTHER ACCIDENT.
Ambrose Regain, the youth who met with
an accident near the Fourth street
crossing of the Duluth railway on Thurs
day evening, died at st. JOseph's hospital
early yesterday morning, despite all Drs.
Quinn and Murphy could do to save his
life. BY the accident both legs and one
arm were practically severed from the
body. The deceased was a son of Patrick
Regain of Hoffman avenue.
1t is now believed that the unknown man
killed on the Milwaukee short line Thurs
day morning was Ernest Polls, a German.
who recently came 10 st. Paul. As before
stated, he had a newspaper in his possession
bearing the name of Mathew Logelin, Chi
cago. In reply to telegram sent to that
man, Coroner Quinn received the following
yesterday:
Ernest Polls, a laborer who left here ten days
ago, corresponds TO description OF man sent.
He came from Germany last spring. Has no
relatives in this country.
Il MATH LoGRLIN.
St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1885-07-25
PERSONALS.

S. NJ. Mead, Shell Lake, is at the Ryan.
A. J. Russell, U. S. A, is at the Ryan.
J. P. Kennedy, Fergus Falls, is in the
city.
William Kruse, lie Sueur, is at the Mer-
chants.
A. Barton, Faribault, was in ST. Paul
yesterday.
Capt. S. Snyder, U. S. A, is guest at
the Ryan.
H. D. Morse, Winona, was in ST. Paul
yesterday.
William Watson, Washington, D. c., is
at the Ryan.
A. ID. Stephens, Crookston, was in st.
Paul yesterday.
William d. Chandler and wife, Winona,
are at the Ryan.
S. l.. Ritter. st. James, was a guest at
the Ryan yesterday.
T. Foley, CrookstOn, was registered at
the Merchants yesterday.
Thomas II. Brown, Sioux Falls, Oak,
was in the city yesterday.
James 3. Wakefield, Blue Earth City. is
in the city, stopping at the Merchants.
Charles Keith and r. f. Mcclellan,
Princeton, were guests at the Merchants
yesterday.
Z. a. Wetmore, Pierre; J. G. Adams,
Webster; E +. COnllin, Clark, and H. E.
Hobbs, Flandreau, of the Dakota Press as
ISOLATION, are guests at the Windsor.
St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1885-07-25
GLOBULES.

Four deaths were reported at the health
Office yesterday.
There was 1,7O5. 9S taken in at the rev.
enue Office yesterday.
A meeting of the board of public works
has been called for this morning at 10
o'clock.
Oscar Fallen, wife beaten, was ar
rested by Officer Schaefer Yesterday charged
with that offense.
A case Of diphtheria has been reported at
63 Tenth street and one on the corner of
Earl and Dawson streets.
E. W. Davis of Fargo has been appointed
route agent between ST. Paul and Bis
marck, vice L. b. Parle removed.
The city treasurer was engaged in paving
on some claims against the water board
yesterday aggregating about SIS, 900.
a. F. Lott was before Judge Cory yes
terday for jumping on q train while in
motion. He was allowed to go with a
caution
Robert II. Tyler sues Major hall ct al,
St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1885-07-25
CAPITOL NOTES.

Col. Taylor yesterday received at the
state law library copy OF the cOnstitu-
ton of Canada.
Judge Cole Of the supreme bench of Wis
consin. ex-senator HolliSter and eX-Sheriff
Cory of Austin. Prof. j. T. McCleary of
MankatO and Senator Langdon of Mime
apOiis were visitors at the capitol yesterday.
Articles incorporating the Masonic Relief
association of Austin. were filed yesterday
in the Office OF the secretary of state, with
W. t. Wilkins, president; c. l.. West,
vice president; c. y. POOler, treasurer; II.
b. Cory, secretary, and J. P. Squires and
w. l.. HOLSTER, medical directors. The
constitution and bylaws of the Faribault
Agricultural society were also filed.
St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1885-07-25

General and ex-Presideut u. S. Grant, we,
the members of the Jobbers' union OF the city
of St. Paul, do
Resolve, That, in common with the whole
American nation, we mourn the loss of this
faithful patriot, soldier, general, president,
husband, father and friend, and we do hereby
testify our admiration of the great life which
has just been brought TO close, and add TO
the general voice of a nations sorrow our ex-
pressions of deepest sympathy with his be-
reaved family, and with grief stricken
people.
Resolved, That we recognize in the life aud
work of Gen. Grant a noble illustration of
the highest type of American citizenship.
Rising from a position of comparative OBJ
security to the highest pinnacle of honor and
lame, his life is an inestimable boon to the
youth of our land. A far richer legacy than
gold will be the lessons of self-control, pa
tent perseverance and answering fidelity 10
duty, which viii be treasured up with his
memory.
Resolved, That a copy of these resolutions
De spread upon the records of this body.
THE WEST SIDE UNION.
The following preamble and resolutions
were adopted last evening by the West Side
union:
Whereas, After a life of pre-eIninent use
fulness TO the American republic as a soldier.
statesman and citizen, and after many months
or painful suffering death has demanded and
| received the unconditional surrender of
Americas greatest war chieftain, u. s.
Grant, therefore
Resolved, That this union, IN common with
the executive of the United States. the sew
eral states of the Union and the municipal
tiles thereof and the masses of the whole
| people of the country, most deeply lament
the death Of our great warrior and patriot,
Ulysses S. Grant, the memory of whose vir-
tues and patriotic fidelity to his country will
ever be enshrined in the hearts of the Amer
lean people.
Resolved, That a committee of six be ap-
pointed to confer with similar committee OF
the city government, chamber OF commerce.
| and other organizations of the city for the
purpose of paying such tribute to the memory
OF the Industrious dead as may be fitting the
] sad occasion.
| Resolved, That the hall OF the Citizens
un1or be draped IL mourning for thirty days
Resolved, That out of respect to the mem
ory OF the deceased and sympathy for his be-
reaved family this union do now adjourn.
The president appointed the following tC
compose the committee: Wood, Starkey,
Meson, Prescott Lewis and Boles.
St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1885-07-25
Assessment for Change Of Grade On
MinnGhaha Street.

OFFICE OF THE BOARD OF PUBIC WoRKs.
CITY OF ST. PAUL. Mimi, July %, 1885.
The Board of Public Works in and for the
corporation OIL the City of St. Paul, Minnesota,
will meet at their Office in said CITY of . n m
on the 10Th day Of August, A. d. 1885. to make
an assessment of benefits, damages, costs
ana expenses arising from a change of grade
on Mlnnehaha street, from Seventh (Tth)
street 10 Burr street, in said city, on the prop
erty on the line of said change of grade and on
such other property as may be deemed beEe-
fited or damaged thereby.
All persons interested are hereby notified
10 De present at said time and place of making
said assessment and will be heard
JOHN HARRINGTON, President.
Official:
T. l.. GoRNAN, Clerk Board of Public Works.
205-207
St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1885-07-25
DIR. BOSankO.

This name has become so familiar with
the most of people throughout the United
States that it is hardly necessary to state
that he is the originator of the great DR..
BOSanko Cough and Lung Syrup. the peo.
pies favorite remedy, wherever known. fol
Coughs, Colds, Consumption and all affec-
lions of the Throat and Lungs. Price, 500
and 81. Sold by A. P. Wilkes, Seven
corners; F. A. Heinert, STA Dayton avenue:
John Boyden, 1923 East Seventh street, and
7. Q. Lutz, Wabasha, opposite postoffice.
St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1885-07-25
Assessment for Opening and Extension
Of Forest Street.

OFFICE OF THE BOARD OF PUBLIC WORKS,
CITY OF ST. PAUL, Mimi, July %, 1885. (
Notice is hereby given that the Assessments
OF benefits, damages, costs and expenses aris-
ing from the opening and extension of Forest
street, from Case street to Magnolia street. in
the City of st. Paul, Minnesota, has been oou1-
pleted and entered of record by the Board of
Public Works IN and for said city, and that
said assessment was duly confirmed by said
Board on the goth day Of July, A, d. 1885.
JOHN HARRINGTON, President.
Official:
r. L. GoRMAN, Clerk Board of Public Works
204-6
St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1885-07-25

houses adjacent to its tracks at such station.
Judgment affirmed. MITCHELL, j.
The Mississippi and Rum River Boom Com
pany, appellant VS.. John g. Prince and b.
Houlton, respondents.
Syllabus-Walker VS.. Johnson, rs Mimi,
lat, followed to the effect that by taking
issue on the facts instead of demurring the
plaintiff valves the objection that a cause of
action pleaded as a counter claim is not u
proper subject of counter claim. Instance
of profits held not too speculative to form a
basis for damage. What damages are too
speculative is for the court and not the jury
to determine. Order affirmed.
GILFILLAN, J.
St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1885-07-25
Scribes from the Land of Handsome Women
Entertained in the Northwestern
Metropolis.
Various Organizations in st. Paul Will
Observe Memorial Services Over the
Nations Dead.
The West Side Union Takes Issue
With the Course of Certain
City Officials.
Accidents on the Tracks--Supreme
Court Decisions--StreetS Say
tngs--Briefs.
THE DAKOTA EDITORS.
st. Paul Receives Them With
Right Royal Welcome.

Right Royal WelcOme.
The visiting editors from Dakota. on
their way home from the meeting of their
association at Watertown, after spending
the day at Minnetonka, reached ST. Paul
yesterday afternoon. The party, nearly
one-half of which is composed ofladies, was
met upon the train by a committee of re-
ception and afterwards driven over the city
and shown both the busy centers OF trade
and manufactures and the beauties OF the
residence sections. The visitors alighted
from their carriages at the Ryan. where
they were welcomed with music. The cor
ridors and parlors of the hotel presented a
lively scene as the editorial guests and
the citizens of st. Paul who were receiving
them thronged the spacious halls and
rooms.
Shortly after the dining hall was
thrown open, and the visitors, escorted by
representatives of the city press and prom
incnt citizens, entered. At each plate lay
a copy of the last annual report OF the
chamber of commerce, on the cover OF
which was printed the menu with the fol-
lowing heading:
St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1885-07-25

port. but was unable to find the doctors
residence, which is near Madison school.
He was said to have become quite
violent, so much so that he had to be tied
down lest he should commit some violence.
dis family were unwilling to have him
placed in the county jail for safe keeping
last night, but will take some steps in the
matter to-day. No cause is assigned for
the sudden break in the mans sanity
St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1885-07-25
Supreme Court.

DECISIONS RENDERED.
John r. Fear, respondent, VS.. p. Heichert,
appellant.
Syllabus-The defendant obtained an order
to show cause why judgment should not be
vacated and for leave 20 answer, and served
the same,tOgether with a copy of his proposed
answer, upon the plaintiff. Held general ap-
pearance and that the application was i'd
dressed to the discretion OF the trial court.
The summons was not personally served.
but It appears that the defendent had ac-
tually received the summons and retained an
attorney TO answer for him at least eight days
before the time for answering expired. and NO
excuse being shown for his subsequent delay
the order refusing his application was at
firmed. Order affirmed.
XANnERRIrRGH i
St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1885-07-25
DISSENTING OPINIONS.
Rice Park Concert.

Following is the program Tor the concert
to be given by the Great Western band at
Rice park this evening:
PROGRAM.
March-''Mit khngendem Spiel'' FRANKIE
SelectiOn-"ClaGde Duval' .... Solomon
OVerture-''Le Pirate. .......-... .Loscomb
Funeral March. Beethoven
On Memory Of L. s. Grant,)
Observation-Disclosures Verdi
b Apollo Gaiop. (XylophOne solo. Mueller
II. Overlook.
Observation-Disclosures .Pettee
Pinafore, (by request. Sullivan
St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1885-07-25
Assessment for Opening, Widening and
Extension Of Warsaw Street.

OFFICE oFTHE BOARD OF PUBLIC WORKS. }
CITY OF ST.. PAUL, Mimi, July %, 1885.
Notice is hereby given that the assessment
of benefits, damages, costs and expenses
arising from the opening, widening and extern
sion of Warsaw street, from Hamilton street
to Armstrong street, in the City of St. Paul,
Minnesota, has been completed and entered
OF record blythe Board of Public Works in and
for said city, and that said assessment was
duly confirmed by said Board on the goth day
of July, a. d. 1886
JOHN HARRINGTON, President
Official:
r. L. GORMAN, Clerk Board of Public Works.
St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1885-07-25
Editor i'm Luck.

To the Editor of the Globe.
And HOW it is W. G. Deacon of the St.
Vincent New Era who is going to get a
government appointment and pretty soon,
too. Success. Deacon. You are worthy of
it, but don't forget your friends.
II II
St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1885-07-25
Kate G. Welsh, respondent, VS.. Hugh wilsc


appellant. Syllabus:
The fact that one transacts his business in
the building that is his dwelling does not di-
vest il of its character as a dwelling so as to
make it lawful for an officer to break the
outer door for the purpose of serving civil
process against the owner. No valid levy can
be made by means of breaking into the dwell
ing of the defendant in the writ.
When the sheriff makes his unlawful lew
and is sued for the treSpass, it cannot be taken
in mitigation of damages. Pursuant to such
levy he sold the goods and paid the proceeds
to the execution creditor. Judgment affirmed.
GILFILLAN, c. J.
Dissenting opinion by Mitchell, J., from
the foregoing opinion. The doctrine that if n
civil officer open dwelling house by forcing
the outer door for the purpose of levying
upon the owners goods, the levy is unlawful
and void, rests wholly upon the authority of
Isley VS. Nichols IL, Peck 269, which other
cases have merely followed Although it NAV
be presumptuous to question such eminent
authority, yet 1 am unable to concur in the
doctrine of that case. The object of the
legal maxim that a mans house is his castle
is the protection of the inmates and not an
immunity of goods from attachment of goods
on civil process. The law in Eng
land seems always to have been
that although the sheriff cannot break
defendants dwelling by force of a fieri
facias, but is a tresspasser in the breaking,
yet the execution which he then doth in the
house is good. Text books Is, E. 4 T. 4, Ba-
cons abr, Sheriff n. E. Lemayues, case 3,
Rep. SO. Lee VS.. Gansel, Comp. l.
This seems TO me to be on principal and
in its praticsl operation the better rule.
Inasmuch as the officer has been enabled to
make the levy by means of his unlawful
breaking, l do not deny that the levy may be
voidable, so that the court might, on motion
made directly for that purpose, set aside the
levy and thus place the parties in statu quo.
But If the defendant allow the levy to stand
and sue for the trespaSs uDon his dwelling,
do not think he can include in his damages the
value of the non-exempt goods levied upon
under the process
To allow would not in its practical results
place the parties in statu quo. If the tres
passer is held liable for damages, actual and
exemplary, for the breaking, I think this
will sufficiently protect the invioiability OF
dwellings,. Looking at the matter from a
practical stand point, it seems to me that the
doctrine of the opinion will often work badly
This seems to be virtually conceded. by my
brethren, and the question being one of first
impressions in this state, think we are at
St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1885-07-25
Supported 40 be Insnne.

A report was made at the police station
last night that DR.. Vook of West st. Paul
had suddenly become insane. Sergt. Rou-
leau was at once sent to investigate the re-
St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1885-07-25
State of Minnesota vs.. Joseph Kemp.

State of Minnesota Va. Joseph Kemp.
Syllabus-By the charter of the city of
Rochester, county of Olmsted, the city JUS
tce is invested with exclusive jurisdiction to
hear all complaints and conduct all examina-
tions and trials in criminal cases within the
city, cogniZable before justice of the peace,
subject to certain exceptions not here i'm
portant. This gives him exclusive iurisdic-
ton, subject to the exceptions mentioned to
act within the city in hearing complaints and
conducting examinations and trials in Grim
fnal cases arising within his county, such as
are ordinarily cogniZable by a justice of the
peace. An act of the legislature provides for
the selection from the qualified electors of the
city exclusively, of list of persons to serve as
jurors before said city justice. Held, that a
jury impaneled Cfrom such list to try (before
said justice) an offense against the general
laws of the state committed in Olmsted
county, is a jury of the county where the
odense was committed. within the meaning of
section 6, article l, of our state constitution.
Judgment affirmed BERRY, J.
St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1885-07-25
Eight permits; total cost. s12 O4O

You should have case of Lactart sent
to your summer resort. You will find it
paying investment. Sold by all druggists
and grocers.
St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1885-07-25
NJ. A. Cremer, appellant, vs. NJ B. Hartman,

SyuabuS-Proof of service of a notice of APP
peal from the Judgment of a Justice of the
peace by the admission of an agent who did
not act or appear for the party on the trial,
ana whose authority or agency is not shown,
held insufficient VANDERRIrRGH. J.
St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1885-07-25
William F. Davidson, appellant, vs.. The St.
Paul, Minneapolis Il Manitoba Railway

Paul, Minneapolis & Manitoba Railway
Company, respondent.
Syllabus-ThiS is an action for damages for
the alleged destruction of PLAINTIFFS elevator
and its contents by fire escaping from de-
PENDANTS locomotive engine on account of its
careless and negligent construction and ar
rangement. Held that evidence offered to
respects the construction and use of its en-
gines was properly confined to such as
tended to show the prevalence of such
habit at or about the time of the fire
complained of. Held, that persons who
have been employed on and about loco
motive engines and have had to do with them
in varying circumstances for lengths of time
running from ten to twenty-five years as en-
gineer,s conductors, master mechanics,
mechanics in railroad shops, as also brake
man and yard master of three years service,
each of whom, from his situation and the
nature of his occupation, appear to have had
special advantages, opportunities and means
for observing the nature, operation and effect
of sparks issuing from coal-burning engines,
and appear also to speak from their own OBJ
servations so made, are competent to testify
as to the size and effects OF sparks issuing
iron a coai-burning engine, the time during
which they would remain alive and the dis
lance at which fire could and could not be
communicated by them. 1t is not error to re-
fuse to give instructions Though correct), at
the request of a party when there is nothing
of substance in them which is not, so far as
necessary to be given, amply covered by the
charge in chief. The practice of charging q
jury in an orderly, systematic and cOnsecu-
tive manner, upon the whole law of the case
in chief, in preference to giving special in
structions submitted by council, approved.
Order denying motion for new trial affirmed.
St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1885-07-25
VANDERBURGH, j.
s. ]. Ahern, appellant, vs. E. R. Baker, res


Syllabus-A land owner may employ several
different agents to act for him in the sale of
the same tracts of land. and a sale by one will
act as Il revocation of the authority of the
others. y subsequent sale VIII be subject 10
the risk Of such revocation, and no action for
damages will be in such case unless the nature
of the contract of agency is such as to estop
the principal. Order affirmed and case re-
handed VANDERBURGH, j.
John II. Rhodes, respondent, VS.. the North
ern Pacific Railroad Company, appellant.
Syllabus-Under chapter 81, general laws
1874 general statutes 1878, chapter I24, sec
lions and 81, if railroad company itself fur
niShes at one of its stations suitable ware
house facilities for receiving, handling, stor-
ing and delivering, at the rates fixed by law,
all grain designed for transportation over its
road IL might designate such warehouse or
elevator as the exclusive place at such sta
ton at which il would receive grain for ship
ment and might refuse TO receive it or fur
nish cars for its shipment at any other place.
But If it failed or refused to furnish such
facilities, or on the terms designated, il was
required, upon reasonable notice and when
able to do so, to furnish cars in which to ship
grain out of any warehouse adjoining its
track or side track at each station. In this
case the railroad company designated the ele-
vator of one Sawyer as the exclusive place at
which it would receive grain for transporta-
ton and refused to furnish cars to any other
warehouse man at this station. Sawyer
operated this elevator in his own name and
as his own personal business and not as agent
for the railroad company, so that every one
depositing grain in the elevator contracted
with Sawyer individually and not with the
railroad company. The railroad company by
refusing to furnish cars at any other ware
house gave Sawyer a monopoly of the ware
house business at this station Sawyer also
| imposed conditions of storage not authorized
/ by law. Held. that this did not constitute a
providing OF suitable facilities by the rail-
road company for the storing and handling
/ of grain within the meaning of the statute,
/ and that therefore ftwss required TO furnish
/ cars upon reasonable notice and when able tC
do so, In which TO ship grain out of the ware