St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1889-03-28
An Aged Immigrant Robbed
by Hoodlums in the
Union Depot. j,
Eastern Capitalists Secure
an Option on a Site for :
a Theater. 1T
Twenty-Five, Law-BreakersI
Rounded Up in the Mu- "a
nicipal Court. %;

l. IL
denies the defendants motion to dis
miss the action on the ground that the
service of the summons and complaint
was made in the name of 1.-THE Order of
the Iron Hail." and upon one Thomas
ScOrah, who was at the time deputy
supreme justice and general agent for
the state of Minnesota of the supreme
sitting of the order. The judge notes
at the conclusion of his decision that
the term ''Order of the Iron Hall'' is a
generic one, embracing the supreme sit
ting and the district and branch Organi-
cation. The district embracing this state
is known as s.District No. g." and it is
probably such an entity as could be
made defendant in suit. But the
term, 1.-THE Order of the Iron Hail."
represents nothing except the genus of
these different species, divided up
into separate or subordinate lodges. 1t
is shown in this case that the summons
was served on Scorah, agent of the
order. 1t the defendant had peen prof.
erly designated as the supreme sitting
of the Order OF the Iron Hall, service
on Scorah would have been a personal
service on such defendant; and it was
not, in fact, a service OH any other spe-
cies of the genus. 1t is clear, from the
puryiew of the complaint, that it was
the Intention of the plaintiff to sue the
corporation, the supreme sitting of the
Order of the Iron Hall.
ROUGH ON ROCHE.
In the case of The People of Mime
sofa eX rel. j. j. McCardy VS.. John w.
Roche, as comptroller of the city of st.
Paul, an action for the recovery of
plaintiffs propOrtionate share between
the amount of $4,000 originally as
Sessed upon Dayton avenue property
for the laying and paving of the street
in asphaltum, and $4,000, the amount
which was actually expended. McCardy
was assessed and paid into the city
treasury $5S1.75. his share of the SS3, 600,
in this action he asks remittance of
the difference. Further petitioning, he
claimed that he had paid a large amount
of money as taxes and assessments upon
property, his own, and located in this
city; averring. upon information and
belief, that of the S5,2l6,000 paid by the
public as taxes and assessments between
Nov. l, 1886, and Dec. l, 1887, there
was some portion of the said amount
illegally applied to other purposes than.
to those which by law they should be
applied. To ascertain the lawful dispo4
Sition of such funds, McCardy applied
to Roche for permission TO examine the
books, accounts and public records by,
him kept as the duties and functions Of
his Office as comptroller of the city Of
st. Paul. Being refused and denied
access to the public records in the cus-i
tody of Roche, the petition was pre-
scented to the court asking for an alter
nate writ of mandamus compelling
Roche to admit McCardy to the records
or show cause why he, should not.
T,I fha
afternoon, making it perenlptory, and,
commanding Roche to allow and per-
NIT McCardy to inspect his records or
appear at 10 O'Clock at the special term
to be held March SO, 1889.
OBJECT TO BEING TAXED TWICE.
An important case, attracting the at
tention of railroad officials, was that
called before Judge Villas yesterday,
The State of Minnesota against The st.
Paul Union Depot Company. The ac-
ton is brought under the state law
which imposes tax on the gross earn
ings of railroad corporations. The state
sues to recover six years unpaid taxes,
amounting to some $4,000. The de-
Tense sets up that the railroads which
compose the defendant company pay
the tax individually and should not be
taxed second time as the Union Depot
submitted to-day.
LEGAL BRIEFS.
In the case of Burns u Shaw against
W. B. Jordan, Judge Kerr Sustains JOr-
dams demurrer to the complaint. This
was an action wherein Burns & Shaw
tried to recover the face of note in
which Jordan joined with others bind
ing themselves to jointly, and not sever
ally, pay the said note. Burns q Shaw
sued Jordan as being individually re-
sponsible, and he demurred on the.
ground that he could not be sued Singly.
The Safar murder case is progressing
rapidly and probably will go to the jury
before another day. About o'clt c1
yesterday afternoon the jury was driven
in carriages to the scene of the murder.
Thg defense will be submitted to-day. =.
The case of Thomas Malone as admin
istrator of the estate of Henry Malone,
deceased, at the age of twelve years,
against the city of st. Paul and the
Winter Carnival association, was on
trial before Judge Kerr yesterday. The
action is to recover $1,000 for the death
of Malone on April Il. 1886, while
playing near the site of the ice palace,
which was there in ruins. In rummagiDg
about the grounds Malone, with several
other boys, found an uneXploded pyro-
techine bomb, which they -careleSsly
handled and tried to ignite. The bomb
exploded and shattered the head of
young Malone.
In the matter of the receivership Of
Howard W. Spooner against John Foos
and William BoanhoZer, a receivers
bond of $500 was fled yesterday.
Albert w. Schwabe, administrator of
the estate of Hubert Moller, deceased,
sues the German Catholic Aid Associa-;
ton of Minnesota to recover 81 600 life
insurance due the heirs of the deceased.y
The April term of the supreme COURT
which opens next Tuesday. has an exc
ceedingly large calendar, which is now1
being prepared by Clerk Jones and hiSfi
deputy, Mr.. Helm. The present calenl
dar contains over 200 cases, the usual
number being but $50. g
In the case of David j. Hennesseyi
against The City of st. Paul, in which
Hennessey asked for an injunction4
pending an action to enforce the pay7i
ment of an assessment ordered by the,
board of public works for the Boulevard
ing of Smelling avenue. the court grants
the temporary injunction. 70
Judge Brill overruleS the defendants
demurrer to the complaint in the case,
of Charles A. Moore against The City of
ST. Paul. an action where the city de-
clares a lien upon Moore's property for
the unpaid assessment levied for the
erection OF a retaining wall upon plant
IFS property.
David Day has begun suit against &.
NJ. Stone to recover SITS rent for the
store, 46 East Third street.