davidaulloa/AmericanStories huggingface dataset:
St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1890-01-04
THE BOARD is LEGAL.
A Supreme Court Decision
Sustaining the Board Of
Public Works.
-:
The Question Of Assessments
Brings a Solution Of the
Problem.
Law Laid Down as to the VAL
idity Of Certain Important
Contracts.
A Big Gristof Final Decisions
on Knotty Points in
the Law,

Eight decisions were filed yesterday
in the supreme court:
State Of Minnesota, ex rel. Theresa Gather
Inc Deerrler, petitioner VS.. District Court
of Ramsey County, respondent. State of
Minnesota, eX rel, Michael Nickl, petit
TONER. VS.. District Court of Ramsey County,
respondent. Judgment affirmed.
VANDERBURGH, j.
Syllabus-It is not essential TO the
validity OF statutory provisions for the
condemnation of property for public
use, or for the assessment of damages
and benefits from public improvements
that the land owner have notice of the
action Of the proper authorities i'll de-
termining what property shall he taken
or what property may be benefited by
such improvement. But in respect to
the proceedings to ascertain the amount
of compensation or damages to be
paid to the land owner for prop
erty taken for public use he
determined by an impartial tribunal and
TO notice of an opportunity to be heard
upon the matter before such tribunal.
2. The legislature may provide that a
special tribunal or board may act gem
orally in particular class of cOndemna-
ton proceedings where the right of APP
peal to the district court is preserved,
so that no property can be actually APP
propriated until in the Judgment of the
court fair and impartial valuation or
assessment is made, aud just eompensa-
ton secured. 1t is within the discretion
of the legislature TO provide whether
the appellate court shall upon the trial
therein render final Judgment fixing
the valuation or assessment, or whether
in case the assessment of the board
or commission shall be found made
quate or unfair, the proceedings shall
he set aside and a new appraisement
made before the same or new commits
sion. The provisions of the charter of
the city of st. Paul, as amended by
Special Laws, 1889, in relation to ASSESS
ment and condemnation proceedings for
nuhlie Improvements. held consEtu-
tional.
St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1890-01-04
Fight Over a VIII,

In re contest Of codicil of W. n. Dixie, Mary
A. Hammond ct al, respondents, VS.. Ma
thllde M. Dixie, appellant. Order reversed.
VANDERBURGH. }.
Syliabus-Upon an issue of tesla
mentary capacity, where the testator.
who had previously been of sound dis
posing mind and memory, was suddenly
Frustrated with severe and fatal illness,
during which he exec uted a codicil TO
his will, it is competent for the propo-
nent TO prove that, short time before
he was taken sick, the testator had ex-
pressed his intention. to make such
changes in his will as he did make in
his codicil. 1t is proper in such cases
to show the consistency of the will with
the actual inclinations and previously
declared intentions of the testator.
Where it is sought to. Impeach the
statements of witness by proof of his
admissions contained in deposition or
other writing signed by him, the proper
foundation should be laid therefor. as
in other cases, by first directing his at
tention TO the particular matters in
question and giving him an opportunity
10 explain.
St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1890-01-04
Influenza and Its Cure.

''The disease frequently runs the
temperature up from 9S19 to 100 or los,
while the patient may be seized with
fainting spells and stOppage of the nos
trilS. with distress in the throat" said
DR.. Edison. 1T is less prevalent among
the very young than the Old"
This is DR.. Edson'S remedy for the in
fluenZa:
Take 10 per cent solution of quinine
ami spray the affected membrane freely
and frequently. At intervals during the
day take pill composed of grains of
qulnine, s of grain of camphor and Il
OF grain of the extract of belladOnna.
This will have the effeeto destroying
the bacteria and also aiding in building
up the dehilltated system, SO that when
the disease has left other diseases may
not follow
Influenza has serious as we'll as dis
agreeable features. The statistics in
Russia show that per cent of those af-
tiicted die of la grippe. This means a
large number when the prevalence of
the disease is considered.
Influenza. when it once fastenS itself
upon person. must run its course.
This usually takes about nine days.
Cases have been known where it left
after two days, and others where it re-
mained for fortnight.
St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1890-01-04
SALTWATER NEWS.
How Young George .Astle Was
Killed In the Woods.

George Astle. the young man who
was killed Thursday afternoon at
camp of the Ann River Logging COM
pany on Ann river, waa native of New
Brunswick, his relatives living at Block
vile. His death was caused by falling
in front of heavily loaded logging sled
while he was attempting to hitch tug
which had become unclasped while the
team was going down small hill. The
weight of the load of logs killed him in
stantly, his head being partially crushed.
a telegram has been sent to his rela-
yves, and an inquiry made as 10 what
disposition should be made of his re-
mains.
John Russell was brought before
Judge McCluer yesterday morning for
sentence on the charge of seduction.
having been convicted Of the chine on
June 2, 1887. Defendant, through his
attorney. Faoette Marsh, asked for a
suspension of sentence and made appli-
cation to the court for leave to apply for
a new trial on the ground that new and
Important evidence had been discov-
cred. The case was continued to Mon
Gay morning next, Jau. 8, at 10 o'clock.
The case of the 500 road against Abra-
ham johnson was dismissed on motion
OF the plaintiff. The petit jurors who
nave not been excused are requested to
De present at the court room WedneS-
day morning at 10 o'clock, Jan. s.
The regular meeting of the board of
prison managers was held at the Office
of Warden Randall yesterday afternoon,
but nothing but routine business was
accomplished. The rumor that some
thing was about to drop proved to be
without foundation. The board ad-
Journed at 4:30 p. m.
j. G. O'Gorman returned from his
Washington visit yesterday morning.
he Is inclined to the belief that his bid
rthe new pOStotfice buildng:will be ac-
c,t.pted, in which event work on the new
block will be commenced as soon as
practicable.
Clerk of the Court Bennett enter
tanned the members of the Yarr club at
the Northwestern hotel Thursday even
ing.
John o. Swanson, Of the Swedish
Lutheran church, was presented with
gold-headed cane yesterday by the men,
bers of that church.
Said Pasha'' will be presented at
Grand opera house tomorrow evening.
Conductor Barney Waters, of the
Omaha road. is wrestling with an attack
of the grip.
all Carrier Shortall, who was taken
violently i'll New Years day in church,
is recovering slowly.
John Smith and Walla Weinschenk,
both of this city, were married yeSter-
day in st. Paul.
St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1890-01-04
Validity of a Confracf.

Susan Burcon. appellant, vs. John C. Ca
banne, respondent. Order affirmed.
COLLINS, j.
Syllabus. It is not essential to the
validity OF contract for the sale and
conveyance of real property that the
particular tract of land to be conveyed
be described with precision. provided
the writing furnishes the means or
points out the method by which, with
out further agreement of the parties,
the description may be aScerta ned. 2.
A contract provided that out of forty
acres of land, w hich was to be selected
from certain quarter section, the
vendee was to have ten acres in body,
averaging, in value and quality, with
the whole. Held, distinguishing Nip
polt VS.. Kammon, 80 Mimi, 372: Brock
way VS.. Frost, 40 ib., 155, that the con-
tract was valid and binding upon the
parties. 3. By said contract the vendor
had the right to select the particular
tract of land to be conveyed, subject to
the conditions Of the contract in respect
to quality and value. 4. Held further
that the testimony showed that the
vendor stood ready, willing and able to
convey in accordance with the terms of
his agreement.
St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1890-01-04
A Technical LIEN,

Charles G. .Berryhill. appellant, rs. M. L
Potter ct al, respondents. Order affirmed.
VANDEEBURGH, j.
Gilfillan. c. J., absent and took no part.
The equitable title of the vendee in
contract for the purchase of land, made
in good faith and for a full and ade-
ouate consideration, is superior to the
lien of Judgment creditor whose judy
ment is recovered with notice actual or
constructive of such contract. The
judgment is technical lien upon the
land subject to the contract, because
the legal title rests in the vendor. but
to be enforced only against the latter to
the extent of the unpaid purchase
money. Upon the fulfllment of the
contract by the parties thereto such
lien ceases, and is as effectually cut off
as if the deed had been executed at the
date of the contract. The Judgment
debtor, having no lien, cannot after
ward apply to court. of equity to re-
deem the premises from prior mort
gage.
St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1890-01-04
Is Exempt From Seizure.

Emma Hillyer, respondent. vs. Jacob F.
RemoTe, Ell al, appellants. Order reversed.
COLLINS j.
Syllabus. Although the owner of
a stock of millinery and fancy goods
purchased from wholesale dealers is
a milliner by trade.and large share of
her business consists in making up and
finishing articles selected by her Gus
toners from said stock, the same can
not be declared exempt as ''stock In
trade" ito the amount OF $500 IN value)
under the provisions of the eighth sub
division of section l, chapter %, General
Laws 1881, when the articles composing
SAID stock are kept, indiscriminately,
for sale or for manufacture, as oppor-
tunty affords, in the condition in which
they were bought, and are treated Ivy
their owner as merchandise. 2. But
articles manufactured, in whole or in
part, by said owner. are exempted from
seizure and sale by the express terms of
the law, and it is of 10 consequence
that said articles have been placed on
sale with the non-eXempt property by
the manufacturer.
St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1890-01-04
Sealed Bids Will Be Received
For said Property, as One Entire Lot
JANUARY 18th. 1890,

At IL O'Clock noon. and the result, with
the several bids. will be made public
within three days thereafter.
All bids las guarantee of good faith)
must be accompanied by a certified
check, or draft upon some responsible
bank mere, for 10 per cent of the amount
of such bid, which will be returned TO
the bidder whose bid is rejected. as soon
as the bids are awarded and the amount
OF same paid to the assignee and the
sale confirmed. The full amount of ali
bids awarded shall be paid to the as.
slgnee within two days after notice has
been given, or mailed, to the successful
bidder, or the person acting for him;
and If the remainder is not so paid, or
the conditions herein specified not COM
piled with, the 10 per cent so deposited
is to be forfeited, and the next highest
bidder will be awarded the property.
whose bid is deemed Just and reasona.
bic. Bids should be indOrsed bids for
j. II. MAILER Company Stock"
For the Information OF bidders would
state that the inventory filed by the +,
ii. Mailer Company, when it made as
signment to me, states the value Of
the above first lot of merchandise and
office furniture to be, in the aggregate.
the sum of S14, 114.87, and that there has
only been sold thereof by me goods
which, while not realizing that, amount
ed to not exceeding $1,000 of said inyen.
tory valuation, and that the estimated
aggregate value of the vehicles in the
above second lot is $2,732.15. But bid
ders must be their own judges of values,
and can examine goods at the ware
house.
The right is reserved to reject any
and all bids. No bid will be considered
which is received after the time above
fixed. All bids are to be made upon the
foregoing conditions.
j. l.. MACDONALD,
Assignee of j. H. Mailer Company,
Mannheimer Block. st. Paul. Mimi.
St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1890-01-04
TALK OF TERRORISM.
Serious Charges Against Catholics
of the Dominion.

TORONTO. Jan. 3.-The separate
school election for trustees. which took
place here Wednesday, is causing much
comment in Canada. The Roman Catno-
lie clergy opposed the use of the ballot
TOR the election of trustees for their
schools. and all who offered themselves
for election on the ballot platform were
defeated. Several priests were returned
as trustees, defeating men who were in
favor of the ballot. Against the return
of one of these, Father Gibbons. his de-
ieated opponent entered a protest on
the ground of undue influence by the
priests, and against the election Of an
other clerical trustee, the Rev. Vicar
General. The protest has been entered
on the ground that he is not British
subject, and is not eligible for election.
St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1890-01-04
ST. PAUL PERSONALS.

E. N. Smith, of Anoka. is Ryan guest
+. G. Davis, Of Helena, Mont, is Ryan
guest
BUliver Peterson, Of waseca, is Merchants
guest.
In. Graham. of Duluth, is Merchants
guest
j. H. Lewis, Of Hastings, is a Windsor
guest.
j. E. Howes, OF Brainerd, is at the Mer-
chants.
A. L. Ewing of River Falls. Wis, is at the
Windsor.
II. V. Stewart of Rochester. is stopping at
the Ryan.
Prof. j. II. Cummings, of Moorhead, is at
the Ryan.
General Peare, Of watertown, S. Dak., is at
Che Ryan.
Supt j. L. Noyes. of Faribault. is at tn c
Merchants.
F. W. Limple, of Blue Earth City, is at the
Merchants.
Miss King and Miss Eddy. of Moorhead, are
Ryan guests.
F.W. Noyes, of La Crescent, is stopping at
the Windsor.
L. A. Campbell, of watertown, Mimi, is at
the Windsor.
Attorney R. H. Cove, of Rochester, is at the
Metropolitan.
wv. Case, of jamestown. n. D., is Metro
politan guest.
W W. Sanford Of Duluth, is sto piping at
The Merchants.
Attorney j. A. Towney, of Winona, is ut
the Merchants.
E.W Beattie and wife, Of Helena, Mont,
are Ryan guests.
Senator E. G. Holmes, of Becker county, is
Merchants guest.
John A. Winter and John Grant, of Fart
bault are at the Merchants.
Senator E. w. Durant and C. P. Holcombe
Of Saltwater, are at the Merchants
+. W. Bowers, C. Graves and the Misses
Bable Bowers and A. McLain, Of Aitkin, are
Merchants guests.
St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1890-01-04
Red FLAGS AND BOMBS
Don't Go With Modern Evangels
of Social i!eforin.

OF social isefOrln.
Percival Chubb, young English So
cialist, appeared before the Nationalist
club last night at their headquarters on
West Fourth street. He spoke at con-
siderable length on the social situation
in Europe. using the ''Energence Of a
New Social Ideal" as his theme. His
discourse was a thorough calculation of
the principles of the Fabian society of
London. of which he is member
and an emiSsary. The main object
of the organization is to spread the
socia istc doctrine by lectures delivered
by it's members before political and
social clubs. At the conclusion of his
talk an informal discussion of the per-
picking social problem was taken up,
number of St. Paul and Minneapolis
agitators of social reform expressing
their views. The result OF the dis
course and the discussion it precipi-
tated was tacit admission Oh all sides
that nationaliSm. on the plan of Edward
Bellamy, and socialism, as .eXpounded
by Chubb, are one and the same, though
"Nationalism'' seems to be looked upon
as somewhat less incendiary by the pre-
JUDGED American, who expects red flags
and deadly bombs whenever the term
socialism is used. Mr.. Chubb will prob
ably deliver another address in ST. Paul
some time next May. 1t was announced.
St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1890-01-04
This Is Equity,

John Brown, ct al, appellants, VS.. o. n.
Brown, ct a., respondents. Order affirmed
VANDEBBURGH, j.
Syllabus-A testatrix who has been
the owner OF one entire city lot con-
veyed by deed one quarter thereof to
one of her sons. Afterwards, by will,
she devised the entire lot, including
that portion thereof previously conveyed
by her, TO her three sons. including the
grantee III tie deed referred to. Share
and share alike. Upon the probate of
the will. held that such grantee was
required TO elect whether he would re-
St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1890-01-04
Results at Clifton.

CLIFTON, N. j., Jan. S.-To-day's
races resulted as follows:
First race-Marsh Redon won, Gounod
second, Gallus Dan third. Time, ! "a
Second race-Samaria won, Remem branee
second. Pail Mall third. Time, 1854.
Third race-Laftte won, Red Light second,
Specially third. Time. :49M.
Fourth race-Firetiy won, Fannie K. sec
ond, Miss Cody third. Fine. :42I2.
Fifth race-Eleve won, LlngulSI second,
Charley Russell third. Time :44M
Sixth race-FOrdham won. ST. John Sec
ond, Freedom third. Time. :36Is.
Gutenberg selections for to-day: First
race. Henet and Folsom; second race, Bor-
delaise and King Idle; third race st. Nick
and Leman; fourth race. Zulu and He-man;
fifth race, Fordham and Blue Rock; sixth
race. Lands ear and Boutwell,.
St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1890-01-04
sheehy Is sun Taking,

Special to the Globe.
HUDSON, Wis, Jan. 3.-Joe Sheehy
says he Will give Pat KiIlen $500 if he
will come to Hurley and box him
twelve or fifteen rounds. Sheehy says
he will place the money III the Iron
Exchange bank If Killen says he will
come, the contest to come off four or six
weeks after signing articles, Killen TO
CT the money win or lose.
St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1890-01-04
His Record admissible.

State of Minnesota, respondent, Vs. John
Sauer, appellant Order affirmed.
COLLINS, j.
Syllabus. An objection to the re-
ception of certain oral testimony con-
sidered and disposed of. 2. The de-
PENDANT in a criminal action became
witness IN his own behalf. Thereupon,
in rebuttal, for the purpose of affecting
credibility, the state offered, and under
objection the court received, record evil
dence of the conviction of the DEFEND
ant witness of the crime of assault and
battery several years previous. Held
that said record was admissible under
the provision of sec. 351, Penal Code.
St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1890-01-04

value of metallic money nor a resulting
rise in prices has ever proved other
than blessing to the world. General
never did, and never can exist. The
governments of Europe were invoked
by Chevaiier and others to prevent the
anticipated depreciation in the value of
money, or, in other words, the antici-1
pated rise in general prices, by the de-
monetization.. not of silver, but of
St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1890-01-04
PRETTY SCARF PINS.

Four small diamonds encirciing a sar
.doine form scarf pin Of pronounced
beauty.
White onyx cuff links, studded with
various precious gems, are still deeid-
eddy popular.
A weird watch charm is a perfectly
formed skeleton of gold with movable
emerald eyes.
Three gold dumh-belis triangularly
set and supporting q diamond-studded
boxing glove in the center form scarf
pin very appropriate for disciples of the
Boston pugiiist.
St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1890-01-04
Suecial Notice.

Owing to the illness of my auctioneer,
who is under DR.. Dorion's care, my aug
ton sales will be postponed until We'd
5nesday, the 9Th inst, at 10 O'Clock a.
m. and at 80 D. M; daily thereafter
until my entire stock is closed out
Until my auction sales are resumed, as
above, l will sell all goods at cost and
under guarantee. p. L. Egan, JeweIer,
f1I5 East Third street.
St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1890-01-04
Special Notice.

Owing TO the illness of my auctioneer,
who is under DR.. Dorion's care. my auc-
ton sales will be postponed until Wed
nesday, the Sth inst. at 10 o'clock a.
M. and at 2:30 p. M; daily thereafter
until my entire stock is closed out.
Until the auction sales are resumed, as
above, | will sell all goods at cost and
under guarantee. P. f. .Egan, JeWeler,
lis East Third street.
St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1890-01-04
DIED.

CARROLL-In Denver, Col, Thursday, Jan
2. John y. Carroll. aged twenty eight years.
Notice of funeral hereafter from family
residence in ST. Paul.
EATON-In ST. Paul, at the residence, 346
Goodrich avenue, Jan. I'd, 1890, Mrs.
Elizabeth Eaton, aged siXty-three years.
wife of George Eaton. Funeral Monday ct
Bpm.
FOR FUNERALS.
Fine iveglGss carriages for funerals, 80.
John Grace,S Livery, 80 East Ninth street
Telephone l24S-2
St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1890-01-04
SneciaI Notice

Owing to the illness of my auctioneer,
who is under DR.. Dorion's care, my auc-
ton sales will be postponed until
Wednesday, the Sth inst, at 10 O'clock
a. nj. and 2:30 p. M: daily thereafter
until my entire stock is closed out.
Until the auction sales are resumed. as
above. | will sell all goods at cost and
under guarantee. 2. +. Egan, JcWeler,
rs East Third street.
St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1890-01-04
FACTS And FANCIES.
Special Notice.

Owing to the illness of my auctioneer,
who is under DR.. Dorion's care, my auc-
ton sales will be postponed until
Wednesday, the Sth inst, at 10 O'Clock
q. m. and at $50 p. H.; daily thereafter
until my entire stock is closed out.
Until the auction sales are resumed. as
above. | will sell all goods at cost and
under guarantee. p. +. Egan, JeWeIer,
lis East Third street,
St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1890-01-04
Notice to neoos;tors.

The senl-annual interest term begins
Jan /. Money deposited on or before
Jan. 10 draws six months interest July
/. 1890, at per cent per annum. The
Savings Bank of ST. Paul. southwest
corner Of jackson and Fifth streets.
John S. Prince, president; Edward j.
Meier, cashier.
St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1890-01-04
Peter Accents.

LONDON, Jan. 3.-Peter Jackson, the
colored Australian pugilist, has sent a
cable dispatch to the United States an
nouncing his acceptance of the chal-
lenge of John l.. sullivan to fight for
$1,000 a side. He will sail for New
York on Jan. 10 on the steamer Adr-
attic.
St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1890-01-04
Question of Title.

Nellie Daley. appellant, VS.. ". Linehan, re-
Bpondent Order affirmed.
VANDERBURGB, j.
Syllabus-Where personal property
In his possession is assigned by an in
solvent for the benefit of his creditors,
and the same Is thereupon claimed by
third party, evidence Of long. continued
possession by the assignor, that he used
the same as his own, that he insured it
and paid taxes on it, and claimed and
treated itas his own, is competent on
the question of title and of the validity
Of the claim of such third person.
St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1890-01-04
Iron Boorns in Scotland

GLASGOW, Jan. 3.-Much excl tement
prevails in the iron market her G to-day
The price Of Scotch warrants has ad-
vanced to Cos, the highest point reached
since the boom set in.
St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1890-01-04

linquish his own property and take
under the will, and that if he elected to
retain his own property and against the
will, he was not entitled to a partition
of the remaining three-fourths of the
lot, but equity will appropriate the gift
made by the will to him, to compensate
the other beneficiaries under him.
St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1890-01-04
ANNOUNCEMENTS.

~ meeting of the stockholders of the
Peoples Bank of st. Paul will be held at its
banking Office. on Tuesday, Jan. 18th, be-
ween 10 II. and p. m. for the purpose
Of electing directors for the ensuing year.
E. r. Moore, Cashier.
DEDPLE'S CHUoCH, PLEASANT AV.,
l. near West Third; y. G. Smith, u. D., pas
tor. Sunday services at 1880 H. m and 1870
p. nj. sunday school at L. m. Y. P. sc. E..
$50 p. M; church meeting Wednesday at
~ H. m.