St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1893-12-18
WITH THE TRAVELLERS.

11Ou' L = I OiIiCil. il b40hi0hSh, ~ D's
who has been spending some weeks in
the city, called at the GLOBE office yes
terday and in response to GLOBE in
quiries in relation to the bank quarrel
at Bismarck, said:
Yes, they have been having a great
time up there. In the early days of
Bismarck, George Ii. Fairchlld was a
partner with J. W. Raymond, now of
the Northwestern National bank, Min
neapolIS, in the old Bank of Bismarck,
but finally succeeded in enlisting Walter
Mann. of st. Paul, WHO assisted him to
establish the Merchants bank of Bis
marck, and this. in due time, became
the First National Bank of Bismarck,
when Mann retired. Matters ran on
smoothly until after the capital location
at Bismarck, when both the First Ma
tional Il Bismarck National became
badly involved. Raymond, the better
%financier perhaps. pulled out with
out dishonor, and left the Bis
marck National in voluntary liqui-
dation. The stockholders of the
First National put up sufficient
funds to pull that through all right, but
a litter quarrel sprang up between
them, and q struggle for the control of
the bank enSued, with the result that
Fairchild went out and Asa Fisher went
IN. Later the tables were turned, and
Fisher sought pastures new and Fair
child lived on such fat as the changed
circumstances would allow. And then
came another struggle for control, and
EIShnr in 0rnnr fn Cpoura q anntrnlIinr
interest, gave j.. X. Gage $4,000 cash and
a f~ifteen-day note for $1,000 for ten
shares of stock. Other parties offered
Gage $1,000 cash for five shares, but it
was too late. The shares were sold.
When the note came due Fisher paid
$1,000 and got an extension on the re-
mainder, but defeated finally in his pur-
pose, be sued Gage for the return of his
$4,000 and for the cancellation of his
anpaid $4,000 note, on the ground that
undue influence had been brought to
bear upon him by Gage to induce him
to purchase the stock. He won his suit.
The note is ordered Cancelled, the money
refunded, and Fisher to return the
stock. Gage appeals.
~
Mr.. Smith was greatly eiated over a
matter of his own, which has been
pending since 1873 and has recently
been decided in his favor. 1t is a con-
test with the Northern Pacific railroad
in relation to certain lots occupied by
Smith on the railroad right of way
through Bismarck. Accompanying the
Northern Pacific surveyors who located
the line of the Northern Pacific to the
Missouri river was a young engineer,
or rather an assistant. who hurried
back to st. Paul and enlisted parties
associated with j. j. Hill, in an effort to
secure the townsite at the Missouri
river crossing. There was a race of 200
miles by team and HilI's party won. In
order to defeat them the line of the
Northern Pacific was changed and the
grade was completed to a point two
miles south of Bismarck to a point
then known as Burleigh City, and
che map filed with the secretary of the
3terior SHOWS such location. This de-
3orallzed the toWnsiters of HIPS party
y such an extent that four of the orig
1nal i've abandoned their claims, eSpe-
elally as most of them proved TO be on
Alroad sections, and the road was
sally completed in accordance with
Ine original intention. This involved a
change from the line as indicated in
their map, and threw their right of way,
as then claimed, through the. city of
Bismarck. instsed of two miles south,
as claimed in their map of location.
Smiths contention is that the Northern
Pacific does not own by virtue of it's
grant the right of way through Bis
marck, but that the property occupied
Dy the road belongs TO the city, or to
tnoSe who were the occupants at the
time the land was entered by the city
for their benefit.
The suit was begun by Mr.. Smith to
recover the lots, and $50, 600 rentals
CLAIMED TO have been collected bv the
company. In district court, MI. Smith
was Knocked out, it being held that the
right or way of the railroad was a tract
200 feet on each side of where the road
"'as hnally built, and not where it was
located. The court of appeals reverses
ms declSIon: holds that the right of
way Is 200 feet on each side of where the
-oad is definitely located. as it was in
$50. And that, as the lots in question
are not included in this tract, the case
IS remanded for a new trial on its
merits.
The case comes up again in the
United States district court next April.
II Mr. Smith wins his case it Will prove
exceedingly important, as the title of
the Northern Pacific to the whole of it's
present right of way through the city
WILL be then a matter of doubt.
The Sheridan house, Capital National
bank, Odd Fellows hall, Lounsberry's
Postofhce block, Raymond's old bank
building, and other important buildings
are on this property: The decision
which causes Mr.. Smith to rejoice was
made by Judges Caldwell, Sanborn and
Thayer, of the United States circuit
court of appeals.