davidaulloa/AmericanStories huggingface dataset:
St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1886-03-02
Supreme Court.
Martha Bateman, respondent VS.. Oliver


Martha Bateman, respondent. VS.. Oliver
James, appellant. --.- SOIL.
Syllabus-A bond for the reconveyance of
land ma lie for the same date as an absolute
deed thereof is, IL so intended, an instrument
of defeasance within the meaning OF section
%, chapter 40, General Statutes 1873, and If
duly recorded protects the right of defeasance
which IL is intended to secure against all per-
sons, without any notice to them except such
as is gwen by the record Where a deed of
land absolute in terms and a simultaneous
bond for reconveyanee duly recorded consti-
tute mortgage 1. G.. the grantee in the deed
has no interest in the land subject to levy or
to the lien of a judgment against him. An
execution sale of the land upon q Judgment
against him and the issue of q certificate of
sale thereuLon create q cloud upon the gran
tees title. TO remove which the customary
equitable action may be maintained. When
growing timber constitutes the principal
value of land the cutting thereof is irrepara-
BILE injury in the equitable sense, and may
properly be restrained By injunction. Order
refusing new trial affirmed. BERRY, j.
Chief Justice Gillian and Dickinson, J.,
dissent.
St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1886-03-02
II. o. Hamlin and 2

II. o. Hamlin and 2. E. Brown, copartners as
Hamlin g. Brown, appellants, VS.. John
Schultz, respondent. Judgment from Hen
nepin county.
Syllibus-A real estate agent en-
ployed to procure franchise of
real estate, but not to execute a
contract n behalf of the seller, is entitled to
his compensation, when 1t appears that he has
procured said purchaser able, ready and
willing to make and complete the purchase
upon the terms stipulated between SUCH agent
and his principal, though In consequence of
the default of the seller or his inability to
make good title. no sale is finally consum-
IN. ted. And when 1t appeared as part OF
the terms of and conditions stipulated be-
tween the vendor and his agents, upon which
a purchaser was to be procured, that it wa
understood that the vendors wife SHOULD
unite in the sale, and also in warranty deed
of the premises (it being necessary to agood
title), and a purchaser was procured by such
agents, ready and willing 10 take the prop
ertv. and complete the purchase on such
terms but the sale was not consummated
throgh til vendors failure to comply with
such conditions, and because of the refusal OF
the wife to ratify and consent to such sale.
held prima facie case was made for a recov-
cry against their principal for their com pen
sation. Judgment reserved.
VANDERBURGH ].
St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1886-03-02
Public Library.

The board of directors held their regular
meeting for March yesterday. The stand
ing committees made their annual reports,
and the committee to whom was referred
the application of the Engineering club, re-
ported adversely to the application, for the
want Of convenient room.
The librarians report gave the number of
books issued In the month of Fenrnarv a.
St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1886-03-02
A Brukemnn Kiued.

The body of A. j.. Clark, brakeman on
the Omaha road. was brought to this city
yesterday, he having been killed by the
cars at Pearley, Wis. at 1880 o'clock yester-
day morning. He went between two NOV
ing cars to uncoupie them and, slipping on
the lee, fell across the rail. The wheels
passed over his chest, killing him instantly.
His remains were prepared for burial at
Leigh's undertaking establishment and sent
TO his parents at Reedsburg, WIS. he was
a single man, about "a years of age.
St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1886-03-02
FRANK spooSER ARRESTED.
A Minneapolis NAN and woman
Charged with SHINING I'm 81. Paul.

Frank Spooner was late last evening
brought down from Minneapolis by Detect
ives Dan O'ConnOr and Ahern. on a warrant
sworn out by Thomas Wood6l of Mime
apolis charging Spooner with improper in
timaey with his wife. Spooner is a well
to-do painter living with his family. a wife
and four children on Twenty eighth street.
Minneapolis. In an interview last
night he said that Woodfll was carpenter
by trade and shiftless sort of a fellow,
with rather unsayory reputation. His
wife is quite young woman, to whom he
has been married three or four years, during
which time they have had several
separations. During part Of the fall the
two families were neighbors, living In tene-
St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1886-03-02

1862; present number of registrations,
z.116; received from delinquent book bor-
rowers. S4O.93. The following gifts were
received from the department OF the inte-
riOr: Catalogue OF Government Publica-
tons of the United States; Tenth Census,
volume Is; War of the Rebellion Records,
v0luma IA
St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1886-03-02
THE BOARD OF EDUCATION.
Comptroller Roche Poultices Presi-
dent FOggss Injured Feelings.

In response to request from Chairman
Ellis of the finance committee an estimate
was received by the Board of Education
last evening from Controller Roche showing
the receipts and expenditures for the period
extending from Feb. ~, 1856. to Oct. l.
1866, the date of each tax levy. Mr.. Roche
says:
The tax levy of the year 1856 does not pro-
vide for the erection of the new school but Id
ings now under consideration, rs at the time
the levy was fixed by the common council in
October, 1855, it was considered that the $20
900 levied (since absorbed by the erection OF
the addition 10 the Madison sci o 1 and Other
improvements in additi0i. to the
100000 school opds authorized by
the legislature February. 1855, would
be sufficient TO bridge over until the yeal
1887. The rapid growth OF ST. Paul is the
cause of all the ina ginary difficulty. None
are at tauit, unless il is necessary to have
..second sight" The schos finances are in !
re.uar ably soand condition, 1t is an easy
St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1886-03-02

Some hotels, restaurants, clearinghouse
and private parties have been told they
could not buy their supplies of us, but we
are pleased to supply all consumers who
weuId like to buy goods in quantity. aud
will give them wholesale rates. Grggs IL
Co., groceries at wholesale, 100 and 1872
East Fifth street.
St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1886-03-02
The st. Anthony Falls Water Power Com
nanY- rasnnndant O E Mnrrimnn.

The st. Anthony Falls Water Power Com
pany, respondent, VS.. o. E. Merriman, l..
NJ. Lane, j. s. Lane and W. NJ. Barrows,
copartuers as Merriman, Barrows Co.
Judgment from Hennepin county.
Syllabus-The proposition which lies at the
foundation Of every suit to reform written
contract Is that the court cannot make such u
contract as il thinks the parties ought TO
have made or would have made if better in
formed, but merely makes 1t what the parties
intended IL TO be. Every reformation of Il
contract by the court presupposes that there
has been an argument already made,
meeting OF the minds OF the parties
as to the terms of the contract,
but which, for some cause, they have
the writing, and the burden is on tle party
asking the information to prove both that
there was this agreement and that the writ
ing deviates from. In such case the court
merely reforms it so as TO correctly express
the actual agreement of the parties. Upon
the facts found in this case there is no such
antecedent argument to which the writing
can be confirmed. There is no finding thai
there was any meeting of the minds of the
parties or any agreement actually entered
into, or any intention of mutual understand
ing of the parties that plaintiff should deed
any other or greater amount of water NDwer
than that actually expressed in the decd to-
wit: Fifty cubic feet per second" In the
absence of any such agreement, intention or
understanding the mere fact that both par
ties mistakenly believed that the amount
specified was ample to operate all the ma
ohinery of certain mill and but for that
feeling would not have made the contract
which they did, furnishes us ground for re-
forming the deed so as to convey sufficient
water power for that purpose. Order deny
ing a new trial affirmed. MITCHELL, j.
St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1886-03-02
ST. PAUL MATTERS.

How Mrs. Rich HerOically Struggled
Against the Terrible Habit OF
Opium Eating
City COMPTROLLER Roche Tells the Board Of
Education How They Stand
Financially.
A, J.. Clark, n Brakeman on the
omaha Road, Instantly Killed
by the Cars.
The 81. Paul Boat Club Soon to Begin
Training for the Summer
sports.
St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1886-03-02
BERRY. j.
Aueo7 p. Jackson and Charles R, Palmer re

5. ..Ideut, VS.. William Badger. appellant,
Enthusiastically 10 agents not under
seal TO ''selr' land empowered them 10 make
an executorV contract TO sell. upon the terms
prescribed by the principal. contract
made by agents provided for the payment of
the purchase price on or before three years,
Is unauthorized, they being empowered only
to make IL payable in three years. A princi-
pal Is not chargeahle with liability on the
ground of having notified such a contract In
tho absence of notice or knowledge on his
part ~ unauthorized terms of it and
no facts existing 10 raise an estoppel,
the mere receipt aud retention of the agents
of DEF osit or earnest money paid u ION such
contract does not estop the principal TO deny
tao validity OF the contract. The judgment
must be vacated and a new trial granted.
DICKINSON, j.
St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1886-03-02
vANDERBURGH ].
B. Starlock and John Timberman, respond
ents, VS.. Spafford Williams and James Lay

land (Spauord WlInalns1, app6IIdnI.
Syllabus-The obligation assumed by giving
the statutory security for costs IN an action
in justice court extends to costs incurred
in the district court upon appeal thereto.
An action to enforce such obligation is not
required to be before the justice In whose
count such security was given nor in JUS
tice court.
The order sustaining the demurrer is
affirmed. DICKINSON, j.
St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1886-03-02
The HASTINGS 6 Dakota Railroad Company.

TcspOIIuCUIs vs.. IuIIu d. " uIIuty duu
Whitney. appellant.
Syllabus-Au act OF congress of July 4,
1856, in aid of construction Of railroad
grants 70 the state of Minnesota lands within
certain limits, with the exception, among
others, OF those to which IL "shall," when the
lire of road Is definitely located, "appear
that the right OF presumption or home
stead settlement has attached" Held, that
lands of which there is a homestead entry of
record valid upon its face are within the ex-
ception- Judgment appealed from, which
was for the plaintiff, is reversed. -
RERRY I.
St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1886-03-02
H. H. Hawkins, county att0rney Of CarletOn

II. Fl. Hawkins, county attorney OF Carleton
county, respondent, VS.. h. A. Watkins, all
ditor OF Carleton county, appellant.
Syilabus-Under &c al Statutes 1878,
chapter T. ION 3. ..larv a. z county
attorney as Il I'd y the county oar is not
thereafter .. beet 10 r. '-.s.vsis y ucH board
dnring his official term. order aiirmed.
" vnERRU IN, j.
Mitchell, j., dissents In y somewhat lelgti y
en.nion- and saws: I find nothing tnts>
St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1886-03-02

Phiemore p. Reed, appellant, VS.. The Mime
apolis Street Railway Company, responde mt
Syllabus-An adult having the care of a
girl years old left horse car with her and
went immediately upon an adjacent horse
car track without having hold of the child,
and without having paid any attention to pos
sible dangers except in one direction. The
child was run over by horse car coming from
the other direction. Held, that the guardian
was chargeable with contributory negligence.
A case of negligence on the part OF defend
ant was shown, by proof of u horse car being
driven at a trot over a principal street cross
ing In city past another car from which
passengers were alighting; the former car
being so driven, that, after running over a
child, II went the width of street before
stopping. The order refusing new trial is
affirmed. DICKINSON, j.
St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1886-03-02
State of Minnesota ex rel, supervisor of

State of Minnesota ex rel,supervlSor OF 10 wn
of Otto, relator. VS.. ]. S. Austin, justice o +
the peace. respondent.
Syllabus-A bond purportlng TO be the OBJ
legation of one as principal and OF others as
sureties but which has been executed only
by the sureties, does not upon its face show
any obligation on the part of such sureties.
such bond is insufficient for the purpose
of an appeal to justice of the eace from
an order of supervisors in road proceedings,
and the justice acquires no jurisdiction by
the attempted appeal.
The justice not having acquired Jurisdie-
ton, all proceedings before him must be va
Gated. Judgment will be entered accord
inRly. DICKINSON, j.
St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1886-03-02
EXPENDITURES.

SIGEhlN IENDENi hLiSRA.
The superintendent reported that the to-
tai enrolment for the past month was
s. $40, an increase of l, ia over the enroll
ment for February. The following table
shows the total enrolment and the average
daily attendance of each school:
St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1886-03-02
Ladies

Do you want a pure, bloom
ing Complexion! If so, a
few applications Of Hagan'S
MAGNOLIA BALM will graf
ify you to your hearts con-
tent. 1t does away with Sal
lOwnesS, RednesS, PimpleS,
BlOtches, and all diseases and
imperfectiOns of the skin. 1t
OvercOmes the flushed appear
ance of heat, fatigue and ex-
element. 1t makes a lady Of
THIRTY appear but TWEEN
TY; and so natural, gradual,
and perfect are its effects,
that it is impossible to detect
its application.
St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1886-03-02
SCHOOL SUPPORT.

a Liberal Spring ADportIOnment
from the school Fund.
The following is the March apportion-
ment for the public schools. The rate per
capita is 40 cents, which is o cents higher
than the spring apportionment last year:
St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1886-03-02

Will do we'll when they wish to purchase 6
supply to call on Griggs & Co.. groceries a
wholesale, 1870 and 1872 East Fifth street.
St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1886-03-02

matter to let legal contracts for the erection
of the necessary buildings contemplated,
but would not feel justified In counter sign
ing contracts in excess OF fifty thousand
($50,000) dollars. as il would require about
ten thousand $50 O00) dollars additional for
furnaces, incidentals and extras inthe compile
ton of the buildings, being within the limit au-
thorized by statute for the common council 10
levy in October, 1886, collectable in the year
1887.
The estimate is as follows:
RECEIPTS:
Cash In hands of George Refs, treas
urer OF board, Feb. %, 1886. $7b,235 40
School tax roll of year 1855, includ-
ing the Estate apportioument," i'm
course of collection by the county
treasurer, not yet paid into the
school treasury. .,......,,,.,....s EOS, s57 SO
prior years ........,...,........ $4,000 90
non-residents). -. .............. 500 90
Total receipts. ...................Sss s, s9s IS
EXPENDITURES.
Outstanding per cent. certificates
of indebtness all due June, 1856 $4,000 90
Balances upon Hiding CONTRACTS. S2,2l9 80
Balances upon miscellaneous con-
tracts. ................-...... oI'4lo "a
School warrants .....,............. l7,TS6 SO
Salaries .................... 9l,l00 90
Interest on bonded indebtedness. 1886 o.
General expenses. 5u,OOV w
Total expenditures. ............ss s4,sll 30
Estimated balance on haad Oct. -
1886. Observation-Disclosures. -foO~ W
St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1886-03-02

amendment OF 1870 which In my judgment
changes, or was intended to change the law
or abridge the powers of the county board in
TINS regard, except in cases where the salary
PAD been fixed b. the court on appeal. The
language of the act Is rather awkward, and
under narrow microscopic examination
some word or phrase may be found which
might seem to give CO o to an opposite view.
but q consideration OF Lne language or the en-
tire act, read in the light Of its evident OBJECT
satlsnes me that the sole purpose was TO give
an incumbent OF the Office who was dissatls-
ned with the amount of salary allowed him
oy the board to appeal to the court and have
the amount liked by the judge. And then in
order tnat the determination might not be
rendered negatory by any subsequent action
OF the county board, IL was provided that in
sucn cases the salary should remain during
the curi ent term of the then incumbent at
the amount fixed by the court, unless altered
or changed by the judge himself. In short,
tnat the restriction upon the power OF
the board TO alter or change is limited 10
cases where the court has made the allow
anoe. In such cases the power is vested
solely I'm the Judge. In other cases the power
remained in the board as before.
III. p. Brown, appellant, vs.. The Crookston
Agricultural Assoc alton, defendant, and
w. Il, Zwickey, garnishee, and Alexander
Mckender, interviewer, implicated with de-
PENDANT and garnishee, respondent.
Syllabus-A second mortgage in prefer
ence TO the mortgagor is entitled to receive
the surplus money arising from the fore
closure sale under prior mortgage. Order
affirmed. DICKINSON, j.
St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1886-03-02

Total. Observation-Disclosures. .............ss
St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1886-03-02

st. Paul, Feb. 81.
St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1886-03-02

A large number of ladies visited Nc
Carthy 81 DOnnelly's undertaking estab-
lishment yesterday afternoon to view the re-
mains of petty Mrs. Rich as she lay in her
coffin ready for the grave and hardly lady
came out of the room that didn't wear a
smile on her face.
Morning appeal. [volume] (Carson City, Nev.) 1877-1906, 1886-02-11

WASHINGTON, D. c., Feb. l. 1886.
PROPOSALS will be received at the Con
tract Ofice for this Departm ent until P
NJ, Of April Il, 1856 for carr y-ing the mails
OF the United States upon the routes
and according to the schedule of arrival
and departure specified by the Depart
ment, in the state OF Nevada from July l
1886, to June 50, 1890. List of routes,
with schedules of arrivals and depart
ures, instructions TO bidders, with forms
or contracts and bonds, and all other
necessary information, Will be fur.
nished on application to the Second As
sistant P0stm aster General
WILLIAM F. Villas,
feb7 Postmaster General.
Morning appeal. [volume] (Carson City, Nev.) 1877-1906, 1886-02-11
NEVADA AT NEW ORLEANS.

Nevada's exhibition at New Or
leans is surprising to all who see it
The general impression East is that
Nevada is a barren half civilized
waste, peopled by redshirted, heay-
lily armed desperadoes and that is
now worthless because the old bo-
nanzas have given out. Nine out
Of every ten of the people East Of
the Rocky Mountains have about
such an idea of our greatly abused
State and it is a favored theme for
Eastern journalists to abuse the
State and convey the idea that
nothing good can possibly come
out Of it. These ideas are wildly
shocked at New Orleans, Specta-
tors see great piles of beautiful
specimens Of ore, and mammoth
potatoes and other vegetables which
would make a New Highlander wild
with joy could he duplicate them
on his rocky sidehill farm" And
this comes from that despised sage
brush land Of Nevada! No wonder
they open their eyes and see their
mistakes. With hills full of silver
and valleys full of fertility, with
every mineral known to a man in
profusion, field is here offered
for investment and research not
eXcelled from Alaska to Africa.
Morning appeal. [volume] (Carson City, Nev.) 1877-1906, 1886-02-11

The California sensation is the
killing Of E. Croft IN Woodland by
}. II. Harlan. Croft was engaged
to Miss Harlan and she married an
other man. He then revenged HIM
self by spreading the most filthy
stories against her character and
was shot by the girls father. Pub
lie opinion justifes the shooting
but the friends of Croft say that he
never slandered her and that the
story has been circulated to make
an excuse for the killing.
Morning appeal. [volume] (Carson City, Nev.) 1877-1906, 1886-02-11
LIKE NAsTEE. LIKE MAN.

1t does not surprise Us in the
least that carrier of the Morning
Call has been arrested in San
Francisco on the charge Of stealing
an Examiner from a door step and
substituting a Call in its place.
The fellow when caught IN .aag-
Tento delictu, acknowledged his
guilt by,offering s. to be allowed
to go.
We say we are not surprised that
a Call carrier was caught in this
small piece of petty larceny, but
We are surprised that Bulletin
carrier was not nabbed along with
him.
Like master like man" is an
old truism, and to expect a carrier
Of such sheet to be any better
than the proprietor is expecting
too much.
The Call and Bulletin have been
a positive injury to San Francisco
and kept back the developments of
the city for quarter OF century.
They have opposed everything that
was good and supported everything
that was bad.
They have played two peculiar
roles all their lives. The Bulletin
has assumed to be moral, and the
Call made studied pretense of
stupidity. In spite of its scarlet
clothes, its bedraggled name and
it's sin incrusted features, it holds
its nose elevated with prudish af-
fectation and air of icy chastity, and
loudly proclaims it's absolutely vir-
tuous and intact condition,
Its masqueradlng under these
circumstances reminds one of the
unfortunate creatures who rise IN
the Police Court on a Monday
morning, and with the blasting cf-
fects Of their berry breaths, still
paralyzing the police and specta-
tors, stoutly maintaining their
regularity of conduct on the Satur-
day evening previous.
The Bulletin deceives but few,
but the Call in its affectation of
stupidity, plays its role with
more truthfulAess to nature, and
its lack ofneutrality is not question
ed. Ia spite of its general washi-
ness, its childish and noncommital
editorials and the miscellaneous
assortment of transformation
known as its local columns, it is a
cunning, tricky institution, and
by concealing its crimes under the |
mask of mental alteration succeeds |
in doing many things with i'm
punity which a person in the full |
possession of its senses would be |
jailed for.
We hope that the carrier who
stole an Examiner will be made to
tell who gave him orders to do so,
and that the theft will be traced |
where it belongs.
A proprietor who, while making
thousands of dollars a month,
would employ the meanest of rat
printers in pepulous city like
San Francisco, cannot be expected
to turn his face against employees
who steal.
A double crime was committed
however for which, unfortunately
there is no provision in the Statute
books.
The carrier stole an Examiner
and not content with that put a
Call in its place.