davidaulloa/AmericanStories huggingface dataset:
The Cook County herald. [volume] (Grand Marais, Minn.) 1893-1909, 1895-12-07

DISTRICT COURT.
Eleventh judicial District.
Maria L. Dufour, formerly
named Maria l.. Godfrey,
Plaintiff,
urtis t. Benedict. harles c.
JONES' Orln 2. WLitcomb, ! Summons:
George Baker. Ozora P.
StearnS. Eugene F. Lane,
Victor A. Stearns, and
George L. Brooks,
Defendants
I he State of Minnesota, to the above named De
PENDANTS.
You, and each fyou, are hereby summoned
ard required to answer the complnint IF the
plalntif in the above emit led 1c,i..n. which ii
o. file in the office OF the CLERK of said Court II
Two Harbors. Minnesota. copy whereof il
hi re- annexed and herewith served upon you
and TO serve cory OF your answer to the sai(
G mp'aint on The subscriber at his Office, 81
New York Lie Building. in the City # Mime
arolis. County Of Hennepin. State of Minnesota
Thin twenty days a'ter the s.rvice Of this sun,
mons upon you, exclusive OF the day OF such ser
vice: and if you fail to answer the said complain
VII hin the time aforesaid. the plaintiff thi
action will apply to the Court for the relief de
m"nded IN said complaint
Lated Mlnnea Dulis MIMI, April %, 1895.
FRANCIS q. BURKE.
Plant ifs Attorney,
1l-lo-6 Minneapolis Mlnnesot;
The Austin weekly statesman. (Austin, Tex.) 1883-1898, 1895-02-28

officers and inmates and have carefully
considered the information obtained there
bv and have examined witnesses
wherever complaint has been made. We
have also visited the Home frequently
individuallv. examined the buildings and
grounds. the cooking and laundry apart
ments. and in this report will be con-
trolled by information obtained thereby
and will so report without fear or favor
to Ulcers or inmates.
an tbe first place, we will say that the
inmates should have all the comforts of
| life, wholesome food, comfortable cloth
| ing, skillful medical attention, but it is
| not Justice to the taxpayers to make the
Home palatial in it's environments, too
attractive by its luxuriance, etc.
.'We find that many of the inmates of
the Home do not appreciate the blessings
they enjoy there and the spirit of content
ment and harmony that should prevail
| there does not prevail. We would recon-
mend n policy of economy to the superin-
| tendent and board of managers in keep
| ING with the spirit of the times. We fur
| thor recommend that the superintendent
give n good and sufficient bond for the
management of the funds appropriated
for the maintenance of the Home. We
also recommend that the board of mana
gers be given power to discharge inmates
| after they have becom sufficiently recovered
| from disabilities to, make living, also
those who are insubordinate.
1--WE recommend that boord of exam
liners. consisting of the physician in atten-
dance and two other physicians, chosen
| nv the SUPERINTENDENT and board of mana
GERS. be authorized to examine and re-
examine inmates from time to time as to
their worthiness to receive the benefits of
the Home. We are of the opinion that
there are several now in the Home who
ore better able to make their own living
than hundreds who are out of the Home
and too proud to accept charity.
eve further recommend that no man
no eligible TO the benefits of the Home
who receives pension or has property
in his own name unless he be an Invalid
indeed. and then only to receive the excess
over and above his income or pension
necessary to defray actual expenses IN
the Home.
"The board of managers in their an
nual report ask for an appropriation to
make considerable improvements, CON
corning which we have this to say: Inc
hosnital is not what we would desire, but
in orr nresent financial condition it will
answer. They ask for four new cottages
to accommodate 80 more inmates. we rec
ommend that the brick building now used
as n laundry be partitioned into bedrooms
for inmates. ,..
eve find officers and employees receiving
good salaries, in addition to lodging,
board. etc, and know of no reason why
state employees should receive excessive
remuneration. H., .ho
state should furnish transportation for
inmates unless it be to their homes when
discharged. We find that the grounds
could he oasilv improved with a small
The Austin weekly statesman. (Austin, Tex.) 1883-1898, 1895-02-28
REDIsTRICTING THE STATE.

A gentleman thoroughly conversant
with the subject yesterday gave TINS as
his view of the case:
"Now that the legislature has decided
TO redistrict the state into judicial dis
tricts it is of the utmost Importance that
the time the law to be passed shall take
effect should be fixed at such time as Will
not conflict with the terms of office of the
Judges now in office. otherwise it is prob
able that great confusion will arise in the
administration of the law and that the
bill which may be passed will ultimately
he held void. This seems to be the opln-
ion of many good lawyers in the senate
and house. Attention has been called to
the fact that in many other states whose
constitutions expressly conferred the pow
er on the legislature to regulate by law
the number of judicial districts or cir
cults and also fixed the terms of office of
the judges. it has been held that the
mower to reduce circuits must be eXer-
cised before a term is begun or so as to
take effect at the expiration of the terms,
and for failure to do this numbers of
| bills changing judicial districts have been
held void. The following cases among
Others are referred to as so holding
FAINT VS.. Gibbs. a Miss, 80; Common
wealth VS.. Gamble, 81 Pa. ST., 343; same
case, l American Rep, 422; State VS.
Leonard. Sc Tenn. 49,; People VS.. Du
bois. % ILL.,. 54T; State eX rel Vail VS.
Draper. 80 Mo-, $50: People ex rel In
gersoll VS.. Graw, Cowen On. ", CAB
These do not proceed upon the ground OF
vested rights of judges in or to an of
fee. but upon the ground that it is the
policy of the constitutions of America ant
The Austin weekly statesman. (Austin, Tex.) 1883-1898, 1895-02-28
CuLBERSON'S VETO.

Mr.. CulbersOn yesterday sent in his
veto to the senate on the bill transferring
$4,000 from special funds to the general
revenue, giving his reasons as follows:
TO the Senate:
Substitute senate bill No. 81 is hereby
returned without approval.
The bill is entitled an act to transfer to
the general revenae account parts of GER
tain funds in the state treasury to the
credit of other accounts. The object is to
transfer to the general revenue account,
to be used in the payment of the current
expenses of the state government, the sum
of 1900, of which 100000 is taken from
the unorganiZed county tax account So
600 from the organized county tax ac-
count, $4,000 from the escheated estates
account and $4,000 from the settlement of
estates account, and provision is made for
returning the funds to the accounts from
which they We're taken by directing the
comptroller, when any claim is presented
against these accounts to transfer from
the general revenue account back to the
account against which such claim is pre-
scented an amount sufficient to pay such
claim. The unorganized county tax ac-
count is tax fund belonging to morgan
lied counties which are authorized to be
paid directly into the treasury by non
residents of the counties, and is immediate
ly subject to their ORDER and the two re-
naming accounts mentioned in this act
are the proceeds of the sale of estates of
deceased persons, held by the treasurer
for heirs, under specific statutory provi-
sions 1t is evident that these special funds
paid into the treasury, and under the law
to be held there for the particular pur
poses named are by this act to be useC
for an entirely different purpose, namely
the payment of the current expenses o
the state government. This will not only
tend to confuse accounts, and create ;
false impression of the actual condition
of the treasury but it is believed to be il
violation of section Z, article s, of thu
Constitution, which provides: "The legis
lature shall not have power to borrow o
in any manner divert from its purpos
any special fund that may, or ought t,
come into the treasury, and shall make i
penal for any person or persons to borrow
withhold, or in any manner divert from it
purpose any special fund, or any par
| thereof" The act appears to be construct
ed upon the theory that the funds may b.
diverted if provision be made for thei
restoration when needed. But the COnsti
tutional inhibition is directed broad!
against diverting the funds from Their pur
poses under any circumstances or in an!
manner, however hedged about with safe
guards, and no financial eXigency SHOULD
be permitted to warp its plain meaning,
The Austin weekly statesman. (Austin, Tex.) 1883-1898, 1895-02-28
SPECIAL JUSTICES OF THE
PEACE,

The following very important bill passed
the house yesterday morning, being intro
duced by Representative Moore of Nor
ris. The full text of the bill is as fol-
lows:
Section 1. Be it enacted by the legis-
lature of the state of Texas: That arti-
Gle 1868, chapter 3, title 80 of the Re
vised Civil Statutes shall hereafter read
as follows:
Article 1563.-That if any justice Of
the peace shall be disqualified from sit
ting in any civil case pending or which
may hereafter be brought before him, OF
shall such justice of the peace be sick
or absent from the precinct, the parties
to said suit may agree upon some person
who is qualified to try said case, and in
the event said parties fail to agree upon
some person to try said cause at the
first term of the court after service is
perfect it shall be the duty of the county
judge in whose county said case is pend
ing, upon application of the justice Of
the peace in whose court said cause is
pending, or upon the application of either
party to said suit to appoint some person
who is qualified to try said cause an(
the fact of the disqualification of thu
| justice of the peace and the selection b!
agreement or appointment of some othe
person to try said cause shall be notet
on the docket of said justice in salt
cause.
The Austin weekly statesman. (Austin, Tex.) 1883-1898, 1895-02-28
A POPIJLIST PAPER,
The following circular was placed on
the desks of the members of the house
yesterday, and is self explanatory:

The following circular was placed on
the desks of the members of the house
yesterday, and is self explanatory:
Austin, Texas, Feb. 81, 1895.
At conference held by the Peoples
Party representatives of the Twenty.
fourth legislature, at which Judge Nugent
and others were present, the following res
olutiOns were unanimously adopted:
Whereas, The Peoples Party of the
state of Texas numbers 100000 voters,
and the outlook for the future of the party
is brighter than ever before, and
Whereas, We have no daily paper in the
state to represent the interest of the party
while the opposition is supplied very liber
ally with daily press, and
Whereas, We believe that the success
of our cause in the future depends upon
the establishment of a reform daily paper,
to make fight for reform and the peo-
pies rights;
Whereas, We believe that we should
have conference at an early day of the
leading men Of the party to consult about
the work to be done in the future.
Therefore he it Reolved. That the see.
rotary be instructed to have printed and
forwarded an invitation to the leading men
III the state to meet with the representa-.
tlves OF the Peoples Party of the Twenty.
fourth legislature at Austin, Texas. or
the 10Th day of March, 1895, for the Dur.
pose OF consulting on the above matters
and any other matters loking to the wei
The Austin weekly statesman. (Austin, Tex.) 1883-1898, 1895-02-28

+bo Anclo-Soyon countries to render the
judiciary independent of the Legislative
department whose acts come before Tue
judiciary for Interpretation and may pc
hold void by the courts for CONNECT WIN
the constitution. Besides if the leglsla-
tire had the power to legislate Judges OUT
of office by changing districts we might
eypect their removal for party purposes
after every heated party contest III WHICH
a party might be successful when was OPP
posed to the politics of the Judges III
office. b,,
This matter ought to be looked into Dy
the lawyers on the committee at once, as
n very different bill or bills will have 10
he prepared to harmonize with the OH
cial terms of the judges as to the time
of taking effect in different localities from
what would probably be prepared II TINS
subject is overlooked. 1t would seem
that it would be necessary to pass TWO
bills. one to take effect after the next
general election to affect the territory
presided over by judges whose terms shall
eXDire at the next general election, re-
tanning Judges in office whose terms
would not then expire, and another to
take effect as to the territory presided
over by the judges from the last general
election which would be amendatory OF
the first, and the two would reach the
result sought.
If a bill is passed to take effect in the
usual time after adjournment by which al
attempt is made to legislate any judge
out of office we may expect great con
fusion in the administration of the law
Many judges left in office would doubt
less disregard the bill as being uncon
stitutional and hold courts in cOntiic
with others who might treat the law a
valid. and thus the administration of tn
criminal and civil laws would be paral
lied until the higher courts could b
reached with a case raising the queSs
ton, and then judging from the way sucl
questions have been decided elsewhere
the law would be held void and the eH
lpense of the effort amounting to prof
ably $255.000 would be wasted and tn
state would not be redistricted."
The Austin weekly statesman. (Austin, Tex.) 1883-1898, 1895-02-28
are of the reform movement. Be i.

fare of the reform movement. Be il fur
Their
Resolved, That all who receive this cir
cular are urgently requested to attend
nranaring for the campaign of 1896, when
the Peoples Party will win a victory over
the opposition if we do our whole duty.
Therefore you are respectfully invited
to attend the meeting to be held at Aus
tin on the Goth of March, 1898, ano Toxic
part in the deliberations.
Honing YOU will favorably consider the
matter. we subscribe ourselves:
V. b. Ritter, L. L. Rhodes, J. n. Nix,
T. j. Floyd, T. X. Seago, NJ. A. Drin kard,
NJ. L. Huddleston, J. M. Townsen; T. l.,
Edwards, W. B. Whitacre, J. +. Barron,
T. II. Watkins, j. G. Burneg' ". H.
J. L. Darwin, W. L, Harrison, J. A. ,
O'Connor, S. T. Foster; J. NJ. McWil-
liams, secretary; ]. r. Cooke, chairman.
The Austin weekly statesman. (Austin, Tex.) 1883-1898, 1895-02-28
ANOTHER INVESTIGATION.

The House yesterday morning adopted
the following resolution, introduced by
Representative Greer:
Whereas, 1t is evident that there is an
unjust discrimination in the remunera-
ton of the officers of our state in this
that the elective officers receive a fixed
salary. no trimmings, no perqulsltes,
while the appointive officers or superinten-
dents of the different institutions receive
salary about equal to the executive
officers and in addition thereto they get q
residence. board. laundry, and in some
cases carriages, horses, servants, doctors
bills, etc.; and,
The Austin weekly statesman. (Austin, Tex.) 1883-1898, 1895-02-28
SENATE IRRIGATION COMMITTEE

Senate committee on mining and irriga-
ton last afternoon agreed to report favor
ably substitute house bill to encourage ir-
rigation and provide for the acquisition
of the right to use of water and for con
struction and maintenance Of canals,
bitches, etc, for mining, milling and
stOckraiSing.
The Austin weekly statesman. (Austin, Tex.) 1883-1898, 1895-02-28
LEGISLATIVE NOTES.

THE FEE BILL PROPOSITION.
Today Representative Mills, if nothing
goes amiss, will call up the fee bill ques'
tion in the house. The object. OF TINS
move will be to have a further discussion
of the matter so that the friends Oh NE
hill can get it before the special commit,
fee for action. 1t will be remembered
that when the matter was up before,
Representative Mills offered a substitute
for the committee bill and the WayiandI
amendment which was another DliI, am am
moved that the whole matter be relerreu
IN n special committee, which was done
This bill Of Representative MINIS - % %
most exhaustive one. covering some 90
,nages of closely written type writer PAGES
and fixing the salaries OF every ollicer
from n TO lizard. There will be very
strong fight in the committee room over over
this hill, as the regular committee WIN Iii
Tenorted the committee substitute OIL
and Representative Wayland VIII be Oh
the one SIDE fighting for their measures .h
and Representative Mills will be on me
other, rushing his bill to the front. ~
zyiII doubtless take the committee soihc
timo 70 complete the work.
The Austin weekly statesman. (Austin, Tex.) 1883-1898, 1895-02-28
THE POLL TAX QUESTION.

The joint resolution making the payment
of a poll tax a requisite to the privileges; of
the ballot box came up yesterday morning
in the house for discussion. AS predicted
in Mondays Statesman quite rucus was
raised over the passage of the resolution,
but by one or two cute parliamentary
moves the resolution succeeded in landing
safely on the shore of engrossment, which
it will 'bide awe.
The Austin weekly statesman. (Austin, Tex.) 1883-1898, 1895-02-28

First-That the population of the DIS
trict, the volume of business and the ran,
road facilities would be the principal
guides in forming the districts.
SccOnd-That i'll preparing the rcuis-
tricting bill the committee would confer
freely with the representatives Ill the
house and be guided by their suggestions
to a reat extent, but after the bill had
once been drafted there would be no
changes made. That when the commit
tee bill went into the two houses the
committee intended to fight for It's pass
age through thick and thin. mat the
committee had no time to fool with lob
twists and they must keep away. Any
kicks they had to make or any proposed
changes should be submitted to the COM
mittee through their respective members
in the legislature.
| ourth-That the bill drafted by the
committee and acted on by both houses
of the legislature should not become Ell
fcctive until the next general election
two wears hence. This will obviate any
confusion about who shall hold office.
As IL trial effort the committee drafted
the following last afternoon:
These are not in any way to he taken
as final as they may be changed, but 1t
is very good evidence of the future dis
tricts up to the Twcnty-third district:
First DiStrict-RaineS, Cass, Marion,
Morris. Camp. Titus and Franklin.
Second District-Red River, Lamar,
Fannin and Delta.
Third District-Hopkins. Hunt, Rock
wall. Kaufman and Van Zandt.
Fourth District-Wood, Smithi Up
shur, Gregg, Henderson, Rusk and kaines
Fifth District-Harrison, Pamela, Shel.
| by. Nacogdochcs San Augustine and
Sabine.
Sixth DiStrict-Andcrson, Cherokee
Houston. Trinity and Angelina.
Seventh DISQUALIFICATION, Jasper, liar
din. Tyler, Orange, jefferson, Chambers
and Liberty.
Eighth Observation-Disclosures
Ninth DiStrict-Harris.
Tenth Distrct-Polk, San Jacinto
Montgomery, Walker, Grimes, Madison
Eleventh District-Brazos, Robertson
Leon. Limestone and Freestone.
Twelfth District-Navarro, Ellis ant
Hill.
Thirteenth District-McLenna
Fourteenth and Fifteenth Districts
Dallas.
Sixteenth District-Collin, Denton an,
Yoke.
Seventeenth District-Grayson.
Eighteenth District-Tarrant.
Nineteenth District-Tarrant and John
ION.
Twentieth District.
Twenty first Dstrict-Falls, Bell, Nj
lam and Burleson.
Twenty District-Travis
Twenty-third District-Travis and Wi
hanson.
Is0,y A
The Austin weekly statesman. (Austin, Tex.) 1883-1898, 1895-02-28

tested for a prize, purse, premium, STAKE
ar syeepstakes except as provided by the
code of printed rules of the society or as as
ISOLATION under which the contest Is a ~
ycrtised to be conducted. Any person 10, Gr
persons found guilty of violation Of ti, Us
act shall, upon conviction thereof, pc
in the county jail oil Tue GouH.s
| in which he is convicted, Tor any uenn n.o
period not less than six mohthS vi iii'''
| than one wear.
The Austin weekly statesman. (Austin, Tex.) 1883-1898, 1895-02-28
BILLS KILLED BY COMMITTEE.

Senate committee on public health
agreed today to report favorably DibrelFs
bill to create more efficient road system
for Guadalupe county: The committee e,7
TO prescribe the duty of midwives and
others toward infants afflicted with sore
eyes: also favorably on Tips bill to estab-
fish state board of embalming.
The Austin weekly statesman. (Austin, Tex.) 1883-1898, 1895-02-28
WARDS RAILROAD BILL.

rThe Ward railroad consolidation p,,i
,,iI, "C come up in the house shortly anu
S Wtm prcsent indications the bill VIII go
t tLOnrGh with n whoop. Most of the mem
haro of the house have had an opportul-
D ty Of studying the bill in all of its details,
Ivy Sd - thn endorsements of its provisions are
.,%u universal. The bill is certainly II
. n,l"t'S excellent one-within the constltu,,
s siono, iine-and is generally approved
even by those who from personal motives ives
onpose it. The passage of this pm VIII WI
MARK marx nm era in the progress of the bust
moss Of this state never before known,
and realizing this fact the measure VIII
,crciyc nm almost unanimous support
The Austin weekly statesman. (Austin, Tex.) 1883-1898, 1895-02-28
AN ANTI-BACHELOR'S BILL.

Representative w. A. Moroney will in
troduce a bill in the house shortly unless
things go amiss that will affect bachelors
very seriously. The full text of the bill Is
as follows
Section /. BE it enacted by Il e legisl l.
ture of the state of Texas, that it shall
be lawful ior the tax asse. sors OF he sew.
eral different counties to levy a tax OF
fly dol ars ($5 y urOn MI unmarried male
citizens who have reached the age OF
thirty 900 years, who upon oath say and
testify that they have not used due dill
gence in trying to get married Should
however q man who is citizen OF TINS
state find it impossible to get some lady
of manageable age (marriageable age as
used in this act is defined to be between
the ages of 20 and 40 years. who Will ac'
cept him, he is to be exempted from the
herein mentioned tax; provided, however
that all who would avail themselves OF
This exemption will at least once every
year try by all fair means to get married,
and give to said assessor written athdavlt
from some respectable lady OF marriage
able age that the party offering to be. eN,
empted has tried his best to get the a1hant
to marry him.
Sec. .. The said tax so collected shall
be equally divided into three parts; one
third to be put into the school fund, one,
third into fund to be created to Duild
The Austin weekly statesman. (Austin, Tex.) 1883-1898, 1895-02-28

and maintain home for old maids, and
one-third to be given to the several or
phans' homes of the state as they come III
alphabetical order.
The Austin weekly statesman. (Austin, Tex.) 1883-1898, 1895-02-28

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