davidaulloa/AmericanStories huggingface dataset:
St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1891-07-02
The Governor Wins.

James K. Humphrey. appellant, VS.. William
X. Merriam, respondent. Order affirmed.
DICKINSON, j.
Evidence held to show that plaintiff in
purchasing the stock of mining corpora
ton was not induced by reliance upon the
truth of representations made by the defend
ants agent. A contract of sale being COM
pleted and evidenced by written bill of sale
prepared by the purchaser. embracing par
precludes the purchaser from recovering
upon oral representations, as warranties,
made in the course of the negotiations. A
warranty by the seller of the stock of a cor
poration that there were no assessments
"about to be made" upon the stock is not
broken by the fact that shortly after the sale
the stockholders, by agreement issued new
stock 10 be purchased Dy themselves the pro-
ceeds to be applied in payment of debts.
St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1891-07-02
De Lessons May Die.

PARIS, July 1.-The health of M. De
Lesseps has been greatly affected by
the criminal proceedings instituted
against the officers and directors of the
Panama Canal company by the French
government. Nj. De Lesseps' family is
anxious as to the outcome Of
the attack of nervous depression from
which the veteran engineer is suffering.
St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1891-07-02

ed officers. All arrangements for the picnic
on July II have been completed, and the
announcement is made that, with one or two
exceptions, the stores will close on that date
The Minnesota farmers who have given
notice to the collector of customs of their in
teution to grow sugar beets are T. A. Patnode,
Peter Patnode and Peter q. PatnUde, OF Cor
coran; Seth Kennedy, of Morristown; William
Hamel. of Hamel station. and Blair Bros, of
Swanville. These men are entitled, under
the Mckinley law to a bounty for the sugar
II manufactured from these beets.
St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1891-07-02
Smaller Fey.

Teunis S. Slingerland as administrator, ETC..
respondent, vs. John Sherer ct al, appel
lants. Judgment modified. MITCHELL, j.
George w. Payne, respondent, VS.. Emma NJ.
Payne, appellant Order affirmed.
MITCHELL, j.
H. W. Armstrong ct al, appellants, VS.. The
st. Paul IL Pacific Coal and Iron Company,
respondent. Order affirmed.
MITCHELL, j.
Burt P. Gates, respondent, VS.. National
Building, Loan and Protective Union, APP
pellant Order affirmed. MITCHELL j.
James Z. Flynn. respondent vs. Julien
Lemieux, appellant. Order reversed.
MITCHELL, j.
WinsloW Brothers Company, respondent,
VS.. The HerZOg Manufacturing Company,
appellant. Order affirmed.
MITCHELL, j.
Adolph Michaud etal.. respondents VS.. John
Ford Eisenmenger, appellant. Order re-
yersed. DICKINSON, J.
St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1891-07-02
Conclusion Justified.

John C. Rogers, appellant, VS.. Patrick Man
ley ct al, respondents. Order affirmed.
DICKINSON, j.
To prove q conveyance of land by one
Charles Y. Rogers the record of a deed was
offered in evidence, in which Charles Y.
Rogers was named as grantor, and the certiti-
cate of acknowledgment showed that he ac-
knowledged its execution; but the signature
of the grantor, as recorded was Charles f.
Rogers. This evidence, in connection with
the proof that for many years subsequent to
the date of execution of such land, Rogers
did not assert any claim to the land. Held,
with other evidence sufficient to justify the
conclusion that he executed that deed, not
withstanding his testimony to the contrary.
St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1891-07-02
SUSPICIOUS OF BUTTE.
Why Change of Venue is Wanted
in the Davis Case.

CpeCla1 W t1AC OAODS.
HELENA, Mont, July 1.-The su-
preme court to-day took up the appeal
of Henry A. Root and other Eastern
heirs from the decision of the Butte
court denying the change of venue in
the contest over the Will of Millionaire
Andrew j. Davis. A formidable array
of legal talent was present, including
Warren Toole, Robert 1ngerSOll and
John Clayberg for the contest
ants. aud Congressman Dixon for
John A. Davis, beneficiary under
the alleged will of his dead brother.
The proceedings. Notwithstanding, were
awfully dull, consisting only of reading
the history of the legal proceedings III
the case This occupied all the time of
the session and arguments will not
begin ill tomorrow. The basis of the
claim for a change OF venue is that
Butte people look on the matter as a
mere question of retaining Davis ten
millions or allowing them to go TO New
York and other Eastern places. and
that, therefore, no fair trial can be had
i'll Butte.
St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1891-07-02
GENERAL PICK-UPS.

The street force will be paid today.
The park board meets in regular session
this evening at 7:30 O'Clock.
The Joint court house and CITY hall com
mittee meets tomorrow morning at 10 o'clock.
There is a movement on foot to build
new church for the Woodland Park Baptist
congregation.
The board of public works went on tour
paving in the city.
Andrea di Gloria, the West Third street
fruit dealer, is at the head of a syndicate to
establish maearoni factory.
The trustees of Shattuck Military schoo
held meeting at the Merchants yesterday,
routine business only being transacted.
William Levine, hack driver. arrested Tues
day evening for treating a horse cruelty. was
Yesterday fined $40 by Judge Towhy in the
police court
A steam fire engine and a company of eight
men were sent yesterday to the fair grounds
by Chief jackson to protect the buildings
during the races.
Cases of scarlet fever at 613 Linden avenue
and Coz Martin street. and diphtheria at 100
Bates avenue were reported at the health
Office yesterday.
The committee from the state board of cor
rections and charities will resume its inves-
tigation into the charges against the state
prison management in saltwater to-day.
The banquet and public installation Of of
ficers of Twin City Lodge No. 129. /. o. o. f.,
takes place tonight, corner Rice and Waba-
sha streets Grand Master W. r. johnson
will be present.
Charles Van Watering, arrested on com
plant of Russell Dorr, charged with stealing
a silver watch. was tried Yesterday in the mu-
nicipal court and dischared, there being no
evidence to prove that the watch was stolen.
Minnie Charleston. colored, who stole 81
from Nels Hanson, was remanded in the po-
lice court yesterday, and will be given a jury
trial this morning. Hanson, who was charged
with being drunk, was also remanded until
to-day.
The :etail clothing clerks held a meeting
last evening and installed the recently elect
St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1891-07-02
RABY,s SECOND SUMMER

Can be passed safely if the little one is
fed on Lactated Food. This pure food
prevents cholera infantGm and all bowel
troubles, and gives that perfect health
which makes teething easy. If the baby
is sickly. peeyish. and does not sleep
well, try this food. 1t will bring back
the rosy bloom of health, and ''the child
will sleep all night, and wake up laugh
Eg."
St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1891-07-02
- Only Canadians Wanted.

SAULT STE. MARIE, Mich, July L.
Hickler & Sons, of Buffalo, have the
contract for the new Canadian canal.
For nearly two years they have been
working on the contract, but to-day they
were notified 10y Canadian authorities
that none but Canadians would be
allowed to be continued on the work
and all others must close. This throws
out of employment over hundred
dredgemen, who draw large wages.
The cause of the action is supposed to
be that in the new appointments for the
500 canal a number of Canadians were
thrown out OH account of not having
final paDerS
St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1891-07-02
AGENTS CONDENSATION

II. Chy Yragu ct al, appellant. VS.. Hiram L.
Knsey, respondent. Judgment affirmed.
DICKINSON, j.
An agent authorized to sell real estate. and
for which the compensation 10 be paid is
agreed uDon. does not earn such eompensa-
ton by procuring person to proceed as far
toward contemplated purchase as to pay
part of the price as earnest money, but who
enters into no obligatory contract to pur
chase. and who. upon examination of the
title refuses to accept dee1 of conveyance.
In order that written instrument be effect
ual as contract for the purchase of real
St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1891-07-02
Exposed TO Contempt.

A r. HolstOn, respondent VS.. John NJ.
Boyle, ct al. appellants. Order reversed.
DICKINSON, j.
Publications calculated to expose one to
the public contempt or ridicule are libelous.
although they involve no imputation OF
crime. ana are actionable without a special
allegation of damages. In snch action, no
special damages being alleged. it is error to
recei We proof that the libel has prevented
the plaintiffs appointment toan office Tes-
timOny that impeaching witnesses belonged
to a village faction opposed to that which
the person impeached belonged, is too vague
and remote The notice required go Oh l31,
laws of 1881 to be served before commenc-
ing an action for libel may be served else
where than at the Office where the news
paper is published.
St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1891-07-02

optCIdI 70 IIt UIODe.
WINoNA, July &c E. Morrison. of
this city, has been missing since Friday,
June 26. He has resided here for six
years and is baker by trade. He was
last seen by Mrs. Charles Rust. his
mother-in-law. and he told her that he
expected to 90 on the road travelling
for E. W. Williams. He was a young
man of exemplary habits, and it is
feared that he has been waylaid or
drowned
St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1891-07-02
Life Policy.

II. ". Lamberton. appellant, VS.. E. V.
Bogart administrator, etc, respondent.
order reversed. MITCHELL, j.
The terms on an endowment policy of life
insurance construed and held that in case of
the death of the insured before the maturity
of the policy, the sum assured was payable to
his wife only in case she survived him, other
wise to his personal representatives or as
signs
St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1891-07-02
Waseca Assembly Opened.

Special to the Globe.
WAsECA, Mimi, July 1.-The eighth
annual Chautauqua assembly opened at
Maplewood park near this city to-day.
During the evening exercises the park
was gaily decorated, and Chinese Ian
terms and other illuminations were hung
all over the grounds. Fully 1900 peo-
pie were on the grounds tonight. Sew
eral speeches were made by officers of
the association, who congratulated the
association upon the bright prospects.
Tomorrow the assembly settles down
to work. The assembly will continue
until July %. Several noted speakers.
including L. Dewitt Talmage will, be
present.
St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1891-07-02
MASTER AND SERVANT.
Appellate Judges Dispose of a
Novel Decision.

The following is very novel case. Peter
son was servant in the employ of Mayer.
He was convicted of embezzling from his
employer, and the latter refused to pay the
stipulated salary. As a result Peterson sued
and got judgment for seven and a fractional
months pay, but the supreme court knocks
out this judgment:
St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1891-07-02
Double Wedding.
CDacia1 tn the Globe

Special to the Globe,
DURAND, Wis, July IA double
wedding occurred in this city this even
ing, Rev. John Holt officiating The
contracting paaties were Miss Edith
Kinsman and William Greedy, both of
Durand and Miss Eliza Austin. of this
city, and Charles Branch, of Mitchell,
To-
St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1891-07-02
BEST OF LAW
Laid Down in the Decisions of
the Supreme Court.

The supreme court also handed down the
following decisions:
Columbia Electric Company, respondent. VS..
George E. Dixon, appellant. Order af-
firmed. MITCHELL, j.
The general rule that when a party con-
tracts with a corporation, as such. he thereby
recognizes its capacity to contract and can
not afterward deny it in that transaction,
held applicable to the facts in this case.
Certain alleged false ana fraudulent repre-
sensations as to the value, present and pros
pective, of the assets and stock of corpora
lion. held TO be mere exaggerated expressions
of value by the seller upon which the buyer
had no legal right 20 rely. 1t is no defense to
an action on a subscription for stock that the
corporation has not delivered or rendered
the certificate of stock.
St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1891-07-02
City of Duluth, respondent. VS.. P. j. Krupp
ct al, appellants. Order affirmed.

MITCHELL, 81
The same presUmptions attain that city
ordinance was legally passed as in the case
of an act of the legislature. The fact that an
ordinance contrary to a prohibition i'll the
city charter contains provisions upon an
independent subject not connected with that
expressed in the title, does not invalidate
the remainder of the ordinance.
A license fee of 500 for one year; $50 for
six months: SIS for one month and s. for
one day for peddling within the city of
Duluth cannot be held unreasonable where
an occupation like hawking or peddling is
liable to become public nuisance if not re-
strained. 1t is legitimate exercise of the
pablc power to impose a license fee large
enough TO act as q restraint upon the number
of persons who might otherwise engage in
it. even although the sum exacted is greater
than the expense of issuing the license and
of police supervision of the business. Evil
dence considered and held that the acts of
the defends constituted 'peddling'
within the meaning of the ordinance.
St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1891-07-02
staeg Quits the Ministry.

EAST NoRTHFIELD, Mass July g.
Stagg, the Yale pitcher, tonight stated
that he had abandoned the intention to
become a minister and would become
physical director for the Chicago uni
varsity
St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1891-07-02
Looks Like Disagreement.

SPECIAL to the Globe.
STURGIs. 5. d., July 1.-The state is
rapidly gaining ground in the Few
Tails case i'll taking testimony in re-
buttal, and unless the defense can bring
evidence that now seems improbable,
the jury will disagree if it does not
convict. Defendants so far have made
a weak fight,
St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1891-07-02
Dixon. of the Canadian.

The Canadian Pacific yesterday opened its
new Office at 1S3 East Third street, with genial
Charles f. Dixon in charge MIR. Dixon took
charge of the Canadian Pacific interests sew
eral months ago, and his success is being
watched by a large circle of acquaintances
There is no more popular railroad man in
St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1891-07-02
PEDDLENG.
A Duluth City Ordinance Stands
the Court Test.

The order OF the ST Louis county courts
was affirmed in the mater of the test case
brought TO invalidate the license ordinance
OF the city of Duluth. The defendant was
convicted of peddling without license, and
in the trial he set up the claim, first that the
license ordinance had not been legally
passed; second, that it embraces more than
one subject, one of which is not explained in
the title, and also that 1t is not legitimate
exercise of police powers, but tax for rev.
enue purposes on account of the eXorbitant
rates. The decision reasserts the validity of
The ordinance.
St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1891-07-02
Frank G. Peterson, respondent, VS.. Joseph
II. Mayer, appellant. Judgment reversed.
MTTCuETT I

MITCHELL j.
An employee who was hired from month to
month at stipulated salary payable at the
end of each month. whose duty was to col
leet and receive the moneys of his employer
hsbitually, and during all of the several
months that he renamed in the service, en-
bezzled the money of his employer which
came into his hands in the course OF his en-
ployment.
Held that he was not entitled 10 recover
anything for his services. the contract for
each month being an entire one, to-wit: To
serve an entire month for an entire sum, and
he having failed TO perform his contract for
any one month because of his breach of the
implied conditions that he would serve his
EMPLOYER honestly.
St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1891-07-02
Cruelty in Marriage.

Elizabeth T. Ciague, appellant, VS.. John j.
Clague, respondent. Order affirmed.
DICKENsoY, ].
Cruelty in the marriage relation may be the
subject of conformation. Combination may be
implied from a voluntary resumption Of dis
continued cOhabitation. Evidence of re-
newal of conjugal intercourse held sufficient
to Justify an inference of conformation.
St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1891-07-02
DRIFTING SOUTHWARK.

In the Forum for this month Gen.
FRANCIS A. WALKER treats of the tut
ure of the colOred race in the United
States, using the information gathered
from the recent and former enumera-
lions as important data for his cOnclu-
sions. Gen. WALKER is a veteran in the
compilation of census statistics, and his
use of the facts is instructive. he
meets the theory at times advanced that
the colOred race is gaining upon the
whites with the repeated denial Of eV-
cry census in the past century. While
the population of the country has been
multiplied siXteen-fold the cOlored pOr-
ton has increased but ten-fOld. 1t has
fallen from one-tifth to less than one
eighth of the aggregate. This
Will be the growing fact in the
future. The negro element will
in every decade for a long and
indefinite period became of less relative
Importance. The most interesting de-
duction, however, is that the colored
drift is toward the states where the eli
matte and natural conditions are less
favorable to the labor of whites. The
increase is mainly in the lowland cot
ton and sugar regions. The last decade
the increase in the eight northerly
states of the South was almost nothing
in the main, the average being but 81
per cent. Tennessee had the largest
ratio of negro growth. In the eight
states of South Carolina, Georgia,
Arkansas, Florida. Alabama, Texas,
Louisiana and Mississippi, the increase
was about 10 per cent. The smallest
was in Alabama, where there is the
most high land. The conclusion, then,
Is that the growth of the race
in the future will be substantially con-
fined to the cotton belt. The fanciful
notions at times advanced that great
migratiOnS to the nOrtherly regions are
to be permanent facts are refuted by the
deductions of Gen. WALKER from the
figures. The general law that people
seek the climate and environments
best suited to them is being followed.
The blacks thrive in the malarial low
lands where the whites do not prosper
physically. The political result the
writer of the magazine article does not
discuss. but it is palpable that three or
four states will nave a growing black
preponderance, and perhaps eventually
come under that political domination.
But speaking of the cotton states, Mr..
WALKER says:
That in these regions the negro finds his
most favorable habitat and environment
does not require physiological proof. He is
here, in the highest sense, at home. The
malarial diseases. 50 destructive to Europeans
in this climate and on this soil have little
power over him. At the same time. the in
dustrial raison d'etre of the negro is here
found at its maximum. In the Northern
states that rasOn d'etre wholly disappears
There is nothing here aside from a few kinds
of personal service. which the negro can do
which the white man cannot do as we'll or
perhaps better.
St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1891-07-02
TO-DAY,s WEATHER.

WASHINGTON, July / For Wisconsin,:
Light showers; slightly warmer; south winds.
For Minnesota: Fair, except light showers
III extreme east portion; slightly warmer:
south winds. For North Dakota and South
Dakota; Fair Thursday; stationary temper
allure; variable winds. For Iowa: Light
showers; stationary temperature, except
slightly cooler III extreme western portion;
winds becoming northwest
GFNrRAT DESTINATIONS.
St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1891-07-02
The Site Selected.
Special to the Globe.

DptCIdI IHt
MANKATo, Mimi, July 1.-The site
for the public building has at last been
settled, and the populace will once
again be settled Secretary Foster to-
day selected the Holbrook corner as the
place for the building.
St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1891-07-02
Steamship Arrivals.

New YoRK-Arrived: Steamer Waesland,
from Antwerp; City of New York from Liv-
erpool: Havel, from Bremen.
SOUTHAMPTON Arrived: Steamer Spree,
from New York, and proceeded for Bremen.
St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1891-07-02

A. Cox, of Terre Haute, Ind, at present
assistant teacher of science in the state
normal school at that place. has been
recently resigned on account of poor
health.
St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1891-07-02

IT IS conceded that the wheat crop
this year is to break the record, which
has been put at about 51S, 100000 bush
els. The best guesses run from 52O,-
OOO.OOO to 535, OO0.O09. There win be no
occasion for farmers to attempt the bear
actthis time. There will be demand for
all the surplus at round figures.
St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1891-07-02
Eastern advertising Office, Room q
Tribune EuiLdinQ. Eew York

Complete files of the GLOBE always kept on
hand for reference. Patrons and friends saTe
cordially invited to visit and avail themselves
Of the facilities OF our Eastern Office while
II New York.
St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1891-07-02

TRI- WEEKLY DAILY - Monday, Wednesday
and FriGay.)
1yri in advance 81 90 6 mos. in adv..S2 90
months in advance 81 %.
St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1891-07-02
In sibIey's Memory.

Special to the Globe.
HASTINGS, Mimi, July AT meet
ing of the Dakota Bar association to-
day resolutions eulogiStic of the late II.
Ii. Sibley were adoped.
St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1891-07-02
Are You
interested

In REAL bargains in musical
goods? We are not selling
at LESS than Manufacture
ers' Cost, or any such nom
sense, but we are giving
good, honest value for every
dollar received. We are
satisfied with a small profit,
and by reason of our i'm
mense volume of business
we can do business on prof
its that would drive smaller
houses to the wall.
We take especial pride in
the QUALITY of our goods,
and if you are looking for a
BoNA-FIDE bargain in a Piano
or an Organ, we can interest
you. We will specify some
of these bargains later.
WATCH FOR THEM.
St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1891-07-02
Skir. go
MAY Have Been Drowned.

300 ydsI $50 yds
1t Mandolin ~ 40ISergt Morgan. 40
1t Lee .... 30l
St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1891-07-02

THE railroad building boom will not
come in this season. The computation
is that only 1859 miles Of road have
been built in the United States this
year, and it is more than half gone. The
figures are 416 less than the first half of
1899, and the year Will fall a good ways
short of 5000 miles. This shows tim
idity that the big crops this year will
have to dissipate. There will be other
hnnmS vet
St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1891-07-02

II IS singular how Mr.. WANANIAKER
has endeared himself to the press Of his
city. YARDLEY may testify and pro-
duce the documentary evidence to show
that the good man had great blocks of
stock in the Keystone bank, but the
single averment, Il never owned a
share of the stock" sends unwavering
conviction to every paper in the city,
unless some obscure sheet that does not
advertise for the big store. 1t must be
a matter of intense pride to the 100000
statesman that, when all others doubt
him, those whom he has beautifully fed
never turn from their benefactor.