davidaulloa/AmericanStories huggingface dataset:
St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1891-02-28
Legislative Inaccuracy.

A unique and novel point of law was
brought to light in the case Of Lincoln
against Haugen. Lincoln took an ap-
peal from the ruling of the lower court
on the ground that chapter 129, Laws of
1885, was invalid, as the journals of the
legislature did not show it had been
passed. According to the journal it
stated that ION the roll being called the
vote stood ayes 26, nays T." Ii copying
the names, however, the clerk made an
error IN copying the names of the Sena-
tors by putting the names of the seven
who voted nay III the ayes column, and
leaving the nay column blank. The
supreme court held that the record
showing the state of the vote was suffi-
cient evidence that the law had been
duly passed, and that clerical errors in
the written Journal did not affect its
validity.
The sylIabi of the case and the bal
ance OF the decisions are as follows;
Vinette Lincoln, appellant, VS.. Andrew G
Haugen ct al. respondents. Judgment
affirmed. VANDERBURGH, j.
Syllabus-The printed journals of the legis-
lature, made up and printed in pursuance of
Sec %, CHI. 5, Gen. St 1878. and published by
the authority of the state, are competent evil
dence of their contents; and their effect as
evidence will not be destroyed by clerical
errors or omissions shown to have occurred
in writing up the record to complete the
written journals also provided Tor by Sec 3d.
In cases where the constitution requires the
yeas and nays to be entered upon the journal
of either branch of the legislature upon the
passage of bill, such requirement is manda-
tory. In other cases it is sufficient if it show
the state of the vote, in order that it may ap-
pear that the bill was passed by a majority
vote as required by Sec ID, art. of the con-
stitntion. The practice is, however, subject
to be regulated by the rules Of either house.
Oh. 129, Laws 1885, held to have been passed
i'll conformity with the requirements Of the
constitution, and is valid.
St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1891-02-28

the eight-hour theory into practice prior
to May l, but for church and other
reasons opposed joining the brother
hood or any secret society. 1t was
also stated that majority of the
contractors are in favor of eight hours
provided tWo-thirds of the iourneymen
carpenters would unite and make the
demand. TWAS claimed that in view Of
the fact that great body of the car
penters would not join the brotherhood
it is desirable that some plan be agreed
upon to unite all in making the de-
mand. A motion to circulate petition
with the object in view of advocating
the eight-hour movement created I'M
favorable discussion On the part of mem
bers of the brotherhood, who think that
all carpenters should become members
of that organization. Objection was
made to Mr.. sSwanlund, who presided,
putting the motion, as he, being mem
Der of the brotherhood, was prohibited
from doing any act that would en-
courage any organization outside of the
brotherhood. Swanlund declined toll put
the motion, and Wahney was chosen to
preside in his stead, but as the Opposi-
ton to outside organization was still
persisted in the meeting ended without
determining upon any definite policy.
St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1891-02-28
THE TITLE TRANSFERRED
And ST. Paul Patiently Awaits the
New Postoffice Building.

The first appropriation for the con-
struction of the new postoffice has
passed both houses of congress, and
now st. Paulites are anxious to know
when the property bounded by Fifth,
Market and Washington streets is to be
formally conveyed to the United States.
In February, 1887. the city council
passed a resolution authorizing the
proper city officials to convey by war
ranty deed to the United States the old
city hall property, upon condition that
congress allow an ample appropriation
for the construction of a postotfice build
ing thereon. Mayor Smith and City Clerk
Prendergast soon. afterwards executed
the deed and forwarded it to the proper
authorities in Washington, where it has
since been awaiting the action of con-
gress. The passage of the bill provld-
ing for the construction of the st. Paul
postoffice virtually accepted the deed.
However, before it is formally accepted
and recorded the government authori-
ties will carefully examine the title to
the property. The city officials have
nothing more to do in the matter but
await the action of the United States
authOrifiee
St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1891-02-28
Proved alsurious.
Charles e. Adamson, appellant, vs.. e. S.
Wiggins respondent. Order affirmed.

Charles e. Adamson. appellant VS.. e. S.
Virgins, respondent. Order affirmed.
VANDRBURGH, j.
Syllabus. Where a mortgage of chattels
brings an action to recover possession there
OF, alleging title and ownership generally.
and upon the trial relies upon the mortgage
to establish his title, the defendant may un-
der general denial of plaintiffs title, in his
answer show that the mortgage is void for
usury.
2. Where a non resident principal is en-
gagged in the regular business of 1oaning
money upon chattels or other security,
through resident agent to whose discretion
he entrusts the entire management of the
business of loaning, collecting and reloaning
money under general authority for such
purpose upon such security and terms as the
agent may deem proper, the acts of his agent
in conducting such business, and in exacting
or including i'll contracts unlawful and ex-
cessive rates of interest or bonuses. will bind
his principal and be held usurious; and so
also the securities win be void if he suffers
his name to be used as a mere cover for
usury.
St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1891-02-28
THE SELBY TUNNEL.
President Lowry FavOrs the Plan,
COnditiOnallY.

President Lowry has written letter
in which he mentions the mooted Selby
avenue cable tunnel, as follows:
The Selby avenue cable line was built by
an absolute pressure of the citizens OF St.
Paul and the newspapers. The street railway
company was almost forced into the large
expenditure before proper time could be
given to the development OF electricity.
1t was also forced into building the
East Seventh street line, which will now
probably have to be abandoned and cleo
tricity substituted This involves loss Of
hundreds of thousands of dollars At the
time the Selby avenue cable line was built
the company was favorable to tunneling
under Selby avenue. We are in the same po-
stion now. We would object to paying the
entire expense, most assuredly, but if the
citizens and property owners would meet us
in proper spirit we would be glad to do our
share in the matter.
1t was your own citizens who prevented the
street being lowered at the time the cable was
built. Aside from this agree with you per-
fectly. All the time of the great accident the
newspapers and citizens compelled us to start
the cable before we were ready. and are
more responsible for the accident than the
city railway company. We tried our best to
keep passengers off the cars in order to test
them but it was impossible; danger or no
danger they blocked every car until we had
to allow them to ride.
St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1891-02-28
BUSINESS ENTERPRISE.
The Marvellous Growth Of One of
st. Paul's Greatest Houses

In the remarkable and rapid growth
of st. Paul and its tributary country
during the last dozen or more years,
many Of our business houses have kept
pace with the city's onward march;
others have fallen behind, and some
have pushed ahead in manner to as
ton1sh and gain the admiration of all en-
terprising citizens. Among the latter
number no concern has been more sue
cessful and pushing than the famous
dry goods merchants, Mannheimer Bros.
Their names are familiar in every house
hold in this city and the Northwest, and
no firm has better reputation for hon
esty and fair dealing.
As an index of their enormous bust
ness it may be interesting to our people
to state that on Monday last the firm
paid in duties to the st. Paul custom
house $2,S14.14 on cotton and Lisle
thread hosiery alone. Their entire i'm
portation tax must be very large, and
their good from abroad are always the
latest and of the most fashionable de-
signs.
The past record of this splendid house
guarantees even graeter success for the
future.
St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1891-02-28
ALLEGED INSOLVENCY.
A Receiver Asked for the Penn
sylvania Slate COMPANY.

"A RCCC1NCE hSACN AOE tiAO CHI
sylvania Slate Company.
William Berlandi. doing business
under the firm name of William Ber-
landi & Company, has applied to the
district court to have a receiver ap-
pointed of the property of The Penn
sylvania Slate Company and of j. NJ
Borer, r. A. Hirst and Mark E. Bohrer
who formerly composed said company.
1t is asked that the receiver take charge
of all the property and accounts of the
firm and of the men who once composed
that firm, and control the same and
convert the assets into money and dis
tribute the proceeds according to law.
1t is asked that those persons who have
attached the effects of the Pennsyl-
vania Slate company be restrained
from Interfering with the property
until the further order of the court, and
that the defendants be restrained from
disposing of their property.
1t is alleged that the Pennsylvania
Slate company is insolvent; that it
owes Berlandi & Company $3.50, and
that it owes the Bank of Minnesota
over $4,000. that its total Indebtedness
is ovel $4,000. 1t is claimed that the
company intends to give preference to
the bank of Minnesota, the New En-
pire Slate company and the Germania
Bank.
St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1891-02-28
Morteagee,s Insurance Rights.

John G. erich, respondent, vs.. The Williams
burg City Fire Insurance Company, ap-
pellant.
Order for Judgment vacated and the
case remanded to the district court of
Hennepin county, with directions to
amend the verdict so as 10 embrace a
finding in plaintiffs favor upon the
issues of the ownership and loss of the
insured property, or for new trial of
those issues, as the court, after hearing
the parties. may be advised.
VANDERBURGH, j..
Syllabus-In an action upon policy OF in
surance in which a mortgage, secured by
the policy. is joined as the party, the court
may. in case Of a recovery in the action, ad
just the rights Of the plaintiff and mortgage
in the final Judgment, and the action is
properly trlable by jury. Evidence held suf-
ficient to support the special findings of
the jury in this action. In case of the omis-
sion to lay proper foundation for expert or
opinion evidence upon the examination in
chief, if it be supplied by evidence drawn out
on cross-examlnation, the error in admitting
it is cured. Whether mere ownership Of
property by a witness is in the first instance
sufficient to warrant the allowance of his
St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1891-02-28
a Dispute Estopped.

L. r. Than. as administrator, respondent
VS.. A. r. MeGill, appellant. Order af-
frmed. VANDERBURGH, j.
Syllabus-The owners of the land in con-
troversy here contracted to sell and convey
to one Roselle Howe. While this contract
was outstanding, and in pursuance of some
arrangement with the parties in interest not
fully disclosed by the testimony, the defend
ant entered into contract with the plant
ifs intestate to convey the same land to
him, and thereafter. at his own instance ana
request procured the original vendors to so
convey the same in fulfllment of the last
mentioned contract. Held that the defend.
ant was estopped to dispute the validity Of
possession hereunder. 1t was competent to
prove by parol that defendant procured the
deed to be so executed III satisfaction of his
own contract.
St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1891-02-28

A little catch phrase like
"No Fancy Prices" is SO
often heard that after a while
it ceases to attract attention.
All the same, there are such
things as fancy prices, and
many a time they are paid
by those who really think
that they are getting a good
bargain. There is a margin
of legitimate profit beyond
which no dealer is justified
in going. The only sure
way Of keeping within it is
for the dealer to so regulate
his OUTLAWS that a reasonable
return on them will serve his
purposes. There is an art
in buying as well as in sell
ing, and when we buy we
have our purchasers in mind.
You can be sure that you
are contributing to no fancy
margin when you buy our
50. SO Spring Derby. It's as
good as any fve-dollar Hat
made, though we have both
Youmans' and Heath's S.
Derbys, if you prefer.
Have you seen our IS
Silk Hat?
Mail orders solicited. Catalogue free. Goods
sent on approval.
St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1891-02-28
Hea lth Is w ealth!

DIR. f. G. VESTS NERVE AND BRAIN TREAT
MENT, guaranteed specific for Hysteric Diz-
ziness, Commissions Fits, Nervous Neuralgia.
Headache, Nervous Prostitution caused by the
use of alcohol or tobacco, Wakefulness. Men
tai Depression, Softening of the Brain re-
sultlng IN insanity and leading to misery. de-
cay and death, Premature OLD Age. Barren.
ness Loss of Power in either sex, Involun-
tary Losses and Spermatorrhna, caused BY
over exertion of the BRAIN self-abuse or over
indulgence. Each box contains one month
sent By mail prepaid. We guarantee SIX
boxes 10 cure any case. With each order for
SIX boxes. accompanied with So, we send the
purchaser our written guarantee to refund
the money If il does not effect cure. Guar
antees issued ouly By Hippier & Collier
druggists, 7th and Sibley sts., st. Paul, Mimi
St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1891-02-28

The Western Wheel Scraper works
recently driven out of Madison, To-, by
adverse railroad legislation, was one
among the many concerns to apply to
st. Paul's much Wanted Industrial I'm
ion for proposition looking to the re-
moyal Of the plant here. Mr.. G.. D.
Smith, general manager Of the works,
said that $4,000 annually could be
saved by moving to st. Paul or Chicago,
the latter, however, being regarded as
the most favorable point. AS usual, the
movements of the so-called promoters of
manufacturing industry in st. Paul
were too slow for any use, and the
Western Wheel Scraper works have
gone to Aurora, Ill.
St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1891-02-28

At the meeting of the st. Paul Rate
association yesterday the work of re-
vising the st. Paul rate sheet was con-
tinued. The changes in the sheet are
brought about by the reduction of local
rates in Michigan to two cents m lie.
This affects all points where the rates
are based On Chicago. 1t is expected
that the revision will be completed to-
day. Tickets formerly sold to Pacific
coast points as unlimited will now be
limited to thirty days from the date of
sale. The limit on all limited tickets
has been cut down to the actual running
time of trains. This will, 1t is expect
ed, in great measure, prevent scalp
ing.
St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1891-02-28
ENDED IN A JANGLE.

Union and Non-Union Carpenters
Wrangle Toward the Same End.
The Brotherhood of Carpenters and
Joiners held an open meeting last night
at their hall, coreer of Third and Ex-
change streets. The evening was spent
in rather inharmonious and irregular
discussion of the best means to adopt to
establish the eight-hour system in the
trade. A number of non-union carpen-
tiers were present, and their spokesman
stated that large majority of the car
penters in the city who do not belong to
the union are in favor of effecting an Or
ganization for the purpose of carrying
St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1891-02-28
WALLACE is WARM,
And Proposes to Have Tomlin's
State ment Investigated.

tAHO Il IODOSC5 ~ A1atO AOIHllh .
State ment Investigated.
John Wallace, the author of the boiler
inspection bill now pending in the
house, is red-hot and rampant over the
statements of Inspector Tomlin to the
state boiler inspectors. Wallace called
the matter to the attention of Repre-
sentative Carlton, and the latter intro
duced a resolution in the house demand
ing an investigation. Wallace says
that the Crookston Steam ThreSh-
er Insurance company was a le-
gally incorporated company, as the
record will prove. He did issue
licenses, but claims he was boiler in
spector and so entitled, under the am
biguous law. He was warm all over
when he read what Tomlins said, and
threatened to make it still warmer for
the state inspector. In the course of
the conversation he took occasion to
jump all over the state law for its in
efficiency and insufficiency. and iuci-
dentally to jump with equal force on
TOmlin.
St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1891-02-28
sl1Note without Consideration.

William Almich, respondent, against Eliza
5beth Downey ct al, appellants, Order af-
-f9irmed. VANDERBURGH, j.
:: Syllabus-A prcmissory note intentionally
poSt-dated or ante-dated through valid
Contract from the time OF its delivery will be
construed as it reads, for such is a contract.
the time of its execution, and when a note is
intended to bear that date the time of its
execution is its true date. and if wrongly
dated by mistake the mistake may be cor
reeted, Except as to an innocent purchaser or
irdorsee, who would be prejudiced by the
correction. An indorsee may, however, show
the true date of the note, and, if he took it in
due course before due, the defense OF want
Of consideration will not be available. The
mistake should, in such case, be set up in the
pleading but where the evidence is received
without objection and the fact established,
the pleadings may be amended to conform to
the proof, or the omission disregarded. Eyi-
dence held sufficient to Show that The note in
suit was given without consideration.
St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1891-02-28
Ahout EnuaI Title.

George ". Head, ct al, respondents, against
George VI. Miller receiver, ETC., appellant.
Order affirmed. VANDERBCRGH, j.
Syllabus-Where an order for goods is in
complete as contract and is consistent as
well with a consignment as a sale, and the
terms thereof may apply to either. it may be
shown to have been given in response to a
proposition to deliver the goods upon con-
signment. In an action involving the title
to such goods, the assignee or receiver in in
solyency can assert no better claim than the
conscience
St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1891-02-28
Supreme Court Decisions Car
ry Terror to the Lower
Courts.
A Mankato Set Back in a
Case for Damage by
Water.
Ex-Gov. MeGill Figures as a
Loser in an Interesting !.
Suit. e
The Law Laid Down in Sew.
epal Decisions of I'M
pOptanee. e

Of ten decisions handed down by the
supreme court yesterday, seven upheld
the rulings of the lower court, while
three gave the attorneys another chance
for fight for their clients.
In the case of Follmann against The
City of Mankato, the respondent
brought an action for damages on ac-
count of his cellar being flooded by sur
face water, caused by public improve
ments. At the trial in the district court
verdict was rendered for the city.
Respondent applied for new trial. and
the court was of opinion it had erred in
the trial, and granted the motion. The
city of Mankato was dissatisfied with
the ruling and appealed to the supreme
court, but was yesterday defeated. The
case will now 90 back to the lower court
for trial. The syllabus of the case was
as follows:
Peter Follmann, respondent, vs. The City Of
Mankato. Order affirmed.
VANDERBURGH, j.
Syllabus-A municipal corporation is not
liable in damages for obstructing and turning
back surface water by public Improvements
or for mere non-feasance, where no improve
ment has been made or undertaken. But if
the result of an improvement is to collect
surface water into stream and turn it upon
adjacent premises TO the damage of the own
er, an action will lie. The same rules are ap-
plicable to such corporations substantially
as are enforced against private owners in i'm
proving their lands. Evidence held sufficient
to make a case for the jury.
St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1891-02-28
A Settlement Probable.

The damage suit of the clown Lots"
company against Manager Bixby. of
the Grand opera house mas been aban-
doned. owing to the contract calling for
a Sunday performance, and is therefore
null and void under the statute prohib-
iting Sunday performances. An action
for libel has. however, been threatened.
arising out of placard placed in front
of the theater by Bixby, which the man
ager of the company claims was often
slve and libelous. 1t is understood,
however. that as the manager of the
company could, if he desired. close the
opera house Sunday nights under the
prohibitory law; that the dispute will
be amicabIy settled between the Grand
opera house management and the ag-
grieved company.
Spring Hats and Spring Oyercoats.
St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1891-02-28

q.
for the of and in O condemRa
ton proceedings evidence of the prices pre-
viously offered the land owner for the land
taken is inadmlssable; and the error in re.
ceiving it will be presumed to be prejudicial
unless it is reasonably clear from the whole
case that the finding or verdict could not
have been Influenced by it.
Upon ross-eXamination in such case the
land owner who has testified to the value of
the land taken and injuriously affected, and
the uses to which it could be applied, may
be asked as to its rental value and the rents
received by the owners from truants occupy
ing the same.
Witnesses shown to be qualified to testify
on the subjecl may in the discretion of the
court be permitted to give their estimate of
the damages to a particular tract from the
construction of railway through it. or the
court may require them in the first instance
to state the bases of their estimate.
St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1891-02-28
The Cancellation was an Option.
James G. Stout, appellant. against George Fl.
: Watson, respondent. Order reversed.

James e. Stout, appeIIant against George 1t.
/ Watson, respondent. Order reversed.
VANDERBURGH, j.
Syllabus-Where. upon the execution of a
promissory note, the payee as a part of the
contract. Endorsed an agreement upon the
note whereby it was promised and agreed
that, in case the maker of the note should
erect dwelling house upon the lot therein
described, Oh CT before a certain date, the note
should be Cancelled, held that the right to
cancel the note in this way was privilege or
option to be exercised within the time limit
ed and, unless extended, the privilege
would lapse and the note become absolute
But voluntary extension of the privilege, if
ected on within the time thereby limited, and
the terms thereof complied with, will from
that time be binding upon the parties. and
be deemed to rest upon sufficient consider
alton. Whether there was such extension in
this case held question for the jury.
St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1891-02-28
STATE OF MINNESOTA.
DEPARTMENT OF INSURANCE,
O., d. To-, Offh 1901

ST. PAUL Jan. 24th. 1891.
of the State OF Minnesota, do hereby certify
that the Travellers Insurance Company,
above named, has c0mpred with the
laws Of this state relating TO insure.@cce,
and is now fully empowered, through its
business of Life and Accident insurance
in this state for the year ending January
31st, 1892. G. II. SMITH,
Insurance Commissioner.
F. E. FORD Supervising Agent for Mime
sofa and North and South DAKOTA
l.. Ii. ALEXANDER, City Agent st. Paul
1914 Pioneer Press Building.
f. E. CRARY, City Agent Minneapolis, Ka-
sofa Building