davidaulloa/AmericanStories huggingface dataset:
Eagle River review. [volume] (Eagle River, Wis.) 1890-1927, 1896-07-16

The members of the new school
hoard met Monday evening and Or
ganlzed by ~lectiny n. A. Coman
president of the board, John Radcliffe
vice president and jos Nenacheck
secretary. They spent several hours
looking over papers of the different
applicants for positions in the schools
but 50 far have only determined upon
! two, Miss Julia Tracey for the CT am
mar room and Miss Belle Mcqueen for
the intermediate. They also deter
! mined ON making quite IL reduction i'm
the wages to be paid to teachers
They reduced the salary of the princi-
pal to $75O.C0, and that of the other
teachers to 500 90 and $4,000.
Eagle River review. [volume] (Eagle River, Wis.) 1890-1927, 1896-07-16
J, A. DIAMOND.
Town Clerk.
BY J. W. DIAMOND,
Deputy.
EAGLE RIVER, WIS. June 8, 1896.

Board met pursuant to notices pos
ted for purpose Of accepting bids and
letting contract to build q bridge
across the Wisconsin river.
The following bids were accepted
Eagle River review. [volume] (Eagle River, Wis.) 1890-1927, 1896-07-16

Terms of Court.
Municipal court .ieets ON call,
Eagle River review. [volume] (Eagle River, Wis.) 1890-1927, 1896-07-16

gag@ Note Books. Receipt Books and
Order Books printed and for sale at
this Office.
Eagle River review. [volume] (Eagle River, Wis.) 1890-1927, 1896-07-16

COUNTY OFFICERS, ETC.
St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1896-02-15

contract with the mercantile agency
to secure from it information regarding
the financial standing Of various mer-
chants who might happen to be their
customers, an objection was made by
Attorneys Ives and Michaels for the
defense. Judge Willis sustained the OBJ
lection without hesitation, but when
County Attorney Butler suggested that
he might have something to say on the
other side Of the question, the court
withdrew it's ruling and gave Mr.. But
Ter chance to make an argument.
The county attorney read from de-
cision by the supreme court of New
York in civil case Of exactly a similar
nature, in which it was held that false
pretenses conveyed through a mercan-
tile agency for the purpose Of deceiving
others regarding the financial standing
Of the person making the representa-
lions amounted to the same thing as
though they had been direct to the par
ty from whom credit was sought He
also read from decisions in other cases
in which this decision was followed
Mr.. Butler urged that in this case the
agent of the mercantile agency went to
the defendants, at the request of Nc
Kibbin & Co He was, therefore, acting
as their agent.
On the other hand, Mr.. Ives maintain
ed that the mercantile agency was not
the agent of McKibbin & Co., but was an
institution that gathered information
and then furnished to those who deSir-
ed to pay for it it's judgment regard
ing the standing of various merchants.
While the prosecution might cite civil
cases in which the responsibility Of
persons was maintained to the extent
of recovering dana ges for furnishing
false information to creditors through
such agencies not case could be found
in which "a criminal prosecution had
ever been successful. Such prosecu-
ton was not sustained by the common
law, as was shown by the fact that sew
eral states have passed laws providing
for the punishment of persons for fur
mis- hing false information to such agen-
cieS. ss --rt@
Judge Willis sustained the objection
of the defense, holding that it must be
shown that the statement was sent by
direction of the defendants This broke
the back of the states case, and Mr..
Butler moved to nolle. This was OBJ
jected to by the defense, however, be-
cause it would not preclude another in
dictment differently drawn for the same
offense. The court then instructed the
jury to return a verdict of not guilty,
which was complied with. The defend
ants, however, are still held on another
indictment Of the same kind, returned
on complaint Of Guiterman Bros
The case was two days on trial and
was stubbornly fought on both Sides
Attorneys Ives and Michaels made the
strongest defense that has been In
long time for any person charged with
crime here, and every one who has
ever heard County Attorney Butler
prosecute case, knows what strug-
gle 1t requires to get a man out Of his
clutches when once indicted.
St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1896-02-15
STOCKHOLDERS ARE LIABLE.
Test Case Touching st. Paul Athletic
Park Association

IL.
Park Association.
Judge Kelly yesterday filed a decis-
lon giving judgment. for $4OO against
Robert Mannheimer and in favor of L.
u. House, as receiver for the st. Paul
Athletic Park association. The court
finds that Mannheimer, when the asso-
citation was formed in 1888, purchased
$1,000 worth of the capital stock, which
was limited to $4,000. He paid $500 and
was given stock certificate for the full
amount of his stock, this being the prac-
t1ce of the association with reference to
persons whose responsibility was con-
sidered as beyond question. In 1889
Mannheimer paid 5000 more, but has
since refused to pay any more. The as
ISOLATION went on and put up buildings
In West st. Paul and continued in bust
ness until 1894, when receiver was ap-
pointed, who proceeded to collect the
unpaid stock subscriptions for the pur-
pose Of paying up the Indebtedness Of
the association. The stockholders re-
fused to pay, and the suit against
Mannheimer was for the purpose Of
testing their liability.
The defendant in this case pleaded
that the association was not legally in
corporated because no affidavit of the
publication of it's articles Of incorpora-
ton had ever been filed with the Sec
rotary of state. The court suggests that
while this error was technically fatal,
the legislature has on various occasions
passed laws for the purpose of grant,
ing relief from the consequences of just
such errors, and he thinks this partfcu-
lar defect was remedied by law pass
ed in 1891. At any rate it was a corpo-
ration de facto, and was so recognized
by the defendant, and he should there
fore pay up the remainder of his SUBJ
scription.
The officers of the association at the
time Of it's organization were L. H.
Maxfield, president; M. D. Mum, secre-
tary, and Albert Scheffer, treasurer.
St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1896-02-15

In our court Of last resort. But the principle
upon which it proceeds is well understood
and is as old as the equity prSetice. 1t is an
appeal from the forum of the law, some
times harsh and always unbending to the
forum of conscience. The lord chancellor in
the Earl of Oxford case said: 1.-The office of
the chancellor is to correct mems consci-
ences for frauds, breach of trusts, wrongs
and expressions, of whatever nature they
be, and to soften and mollify the extremity
OF the law" And again: THE cause why
tons are SO divers and infinite and it is i'm
possible to make any general law which may
aptly meet with every particular act and not
fail in some circumstances"
In the case at bar it was not claimed in the
argument that any actual fraud had been
committed against the plaintiff in the max
ing OF the trust deed, nor is it necessary to
intimate any opinion as to the effect in that
respect of the circumstances detailed 1t ap-
pears that this deed was without any con-
sideration, executed under stress of mental
circumstances hard to correctly appreciate.
The plaintiff was woman, the mother of a
large family, uneducated in the English
language and entirely lacking in business
experience, who found herself suddenly the
possessor of an estate valued at half mill
ION dollars and contemplated second mar
rage, which was, as is usually the case, OPP
posed by her children.
Desiring to satisfy all objections, she
might well seem desperate under such cir
cumstances. She took the course advised,
not by counsel Of her own choice but the
choice of an interested party, she desiring
to make will, which is always revocable,
but being induced by the advice of such
counsel to make deed that was irrevocable
in character-and all these things unex-
planned and not understood by her-it seems
to me that such deed, while not void, is Z
least voidable. 1t may not be because of
duress or fraud, but it is clearly so, because
under this showing the plaintiff did not
fully comprehend the character and effect of
the agreement, and it was not then the
pure, voluntary, well understood act of her
mind
This rule in regard to voluntary convey
ances and instruments of gift is laid down
fully and clearly in the cases cited at length
In Huguenin VS.. Basely, found on page 1850,
ct seautur, leading cases in equity, supra
But there is still another reason why plant
IN is entitled to relief on this complaint
The instrument signed and delivered by her
contained no declaration of trust The dec
laration of trust afterwards attached and
made part of her deed she never had read
or had explained to her at all, and never
heard of it until nearly one year after the
deed had been signed The paper recorded
is not In good conscience plaintiffs deed,
according to the facts stated, which, under
the demurrer, are taken as true
St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1896-02-15
CAN THIS BE POSSIBLE?

Have Men and Women Been Grow
--"Men are generally supposed to be
the stronger and women the weaker
SEX
1t was a professor connected with one
of our leading colleges who recently
made this strange remark. He eX-
planned it in the following words:
But is this really the fact at the
present day? Isn't it more true that
both sexes are deteriorating in strength
wearing lives than people did fifty
years ago, and are showing the ter
rible effects of it in health and consti-
tuition. If you doubt my words. try to
think of how many people you hear
complaining Of tired feelings and other
miserable symptoms that show they
are suffering from some form of dis
ease. You will certainly be surprised
to find how many you can remember"
That the professor is right, and that
these dangerous symptoms are far more
common than we generally suspect,
seems to be clearly proved by the opin-
ions of many people who speak from
actual experience. The following is a
case IN point.
Mr.. F. w. Whiting, prominent
gentleman well known in connection
with the telephone industry, recently
said: Eyes, we do live too rapidly.
We succeed and accumulate wealth,
but we exhaust ourselves in doing it.
The average American spends the first
half of his life in acquiring wealth and
losing health, and in the last half he
spends his wealth to regain his health.
l know this from my own experience.
The pace at which I did business near
ly killed me. A few years ago I was
nervous, irritable and run down. I
longed for life and yet did not care for
it. l dreaded death, but living was I'M
desirable What! In perfect health
now? Yes, / am. I saved my strength,
used good judgment and took Warmers
Safe Cure regularly. I have found it
to be Indispensable to my health and
happiness. Do work? Yes, hard every
day, and / believe all Americans can do
the same thing, regardless of the eli
mate, competition or social demands,
If they will act upon my suggestion"
1t should be remembered that the
great remedy above described is not
new thing or an experiment. 1t is a
scientific preparation which has stood
the test of years. 1t is universally
recommended and prescribed by emf
nent physicians. There is nothing like
it for making weak men and women
strong and well. If you are in need Of
such a remedy, will you not try it?
St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1896-02-15
LANGEVIN PROPERTY,
Demurrer OverruIed in Case in
Which It's Involved.

Judge Kelly yesterday filed an order
overruling demurrer to the complaint
in an interesting case. 1t is the suit of
Eleanor Quesnel against George H
Blanchard, George w. Langevin and
others. Mrs. Quesnel was formerly the
widow of Edward Langevin, who died
in 1890, leaving an estate estimated to
be worth about $1,300,000, of which he
willed one-third to the widow, and in adj
dition thereto, one-sixth of the remain
der. When Mrs. Langevin was about
to marry her second husband, Blanch-
ard, who is her SOn-in-1aW and was then
administrator Of the estate, represent
ed to her that if she did so it would
seriously affect the credit of the estate
The children, of whom there were six
also objected, especially son, who was
cut off by the will without a shilling.
Mrs. Langevin does not understand
business matters to any great extent
and was greatly embarrassed by this
information. She was about to seek
advice from an old friend of her hus-
band when the son-in-law sent her to
a certain attorney who had been legal
adviser for him.
This attorney induced her to give a.
trust deed to Blanchard instead of
making will, as she contemplated do
ing. But no declaration of trust was
mentioned in the deed, nor was the
nature Of the transaction explained to
the plaintiff. She was simply informed
that this would serve the purpose she
desired to accomplish. This deed was
given in 1893, and in 1894 a declaration
OF the trust was filed. This trust deed
provided that Blanchard was to take
charge OF all the property convert the
same into cash, and after paying all
the expenses Of the trust, including $3.50
a month for his own services, apply $3.50
a month for the use of the plaintiff, $100
a month for the use of George w. Lam
gevin, the heir who was cut off without
anything by the will, and the balance
to the other children.
When the plaintiff came to under
stand the effect Of the transaction, she
demanded a reconveyance- Of the prop
erty, but Blanchard refused to comply.
She then brought suit to have the deed
set aside, and a demurrer to the COM
plant was pleaded by the defendants.
Judge Kelly overrules the demurrer and
in the memorandum attached to his or
der, says:
This SORT of action Is somewhat novel in
this jurisdiction. There are no cases like It
St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1896-02-15
ELY MERCHANTS DISCHARGED.

M. Kaufman and Dave B. Yezner, the
Ely merchants, charged with grand lar
ceny in the first degree for having OBJ
tanned goods from McKibbin & Co. and
other st. Paul merchants on false pre-
lenses, have been freed on one indict-
ment The jury in the trial Of the case
yesterday rendered a verdict of not
guilty without leaving the jury box,
Judge Willis having so directed their
verdict 1t was practically a dismissal
Oh question of law, and that question
was as to whether the defendants were
criminally liable for any representa-
tions made to third persons and not di-
rect to those defrauded, or their agents.
The indictment charged that the de-
PENDANTS made to the Fifield Mercantile
agency a false statement as to their
financial standing, and ordered that it
be given to McKibbin e Co., but there
was no evidence in the trial that they
directed that the statement be given to
McKibbin & Co., though there was evil
dence to the effect that they knew the
information was being secured for that
purpose. But when it came to proving
that McKibbin & Co. had entered into
St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1896-02-15
SITE STAKED OUT
DONE ON THE NEW STATE
CAPITOL.
THE COMMISSION IN SESSION
SPENT ALL Of YESTERDAY EX-
AIMING THE ARCHITECTS
DRAWINGS.
THE COMMISSION IN SESSION
MIR. GILBERT FURNISHES A BOND.
Working Drawings VIII Be Ready
March Is, So Bids for Excava-
lions Can BE Called For.

The state capitol commission was in
session the greater part Of yesterday,
devoting most Of the time to an exami-
nation Of the preliminary drawings
submitted by Architect Cass Gilbert.
The contract. with Mr.. Gilbert was
closed and signed and his bond fixed at
100000 The law does not require the
architect to furnish a bond, but the
commission believed that the people
would be better satisfied if bond were
required, and Mr.. Gilbert was entirely
willing to give one.
The preliminary drawings embodied
such changes in the original plans as
had been suggested by the commission
They were subjected to a detailed ex-
animation and pronounced satisfac-
tory. Mr.. Gilbert is now ready to per-
feet his working drawings, preparatory
to letting the contracts. He expects
to be ready to submit working draw
ings by March Is so far advanced as to
enable the commission to advertise for
proposals for the excavation and the
construction of the foundation walls
up to the surface of the ground. 1t is
not likely that the commission will
meet again until these drawings are
ready.
The ground to be occupied by the
capitol building has already been
staked out. The stakes indicate the
height Of the first story.
St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1896-02-15
Highest of all in Leavenng Powe-Lae US Govt Report
R:a!!! RR s%ass7
ABSOLUTELY PURE
DISTRICT COURT.
Summary of Complaints and Orders
Filed and Cases on Trial.

New Cases
ID, 7O3-James E. Trask VS.. Charles E. and
Majorie NJ. Marvin; action to recover 500 on
q note. ~ va
GA, 7O4-George Benz & Sons VS.. Jessrang G.
Geliatiy; action to recover s437 on account.
o4,i0o-W. s. and T. j. Barbour executors
OF the estate of Thomas Cochran, VS. Ole Pc
$3.50.
"a. 7O6-Savings Bank of st. Paul vs. N D.
Gillette ct al; action to recover balance of
S2S2 on $4,000 mortgage.
Sophia Weber VS.. Henry Weber; &C
ton for divorce.
Orders and Decisions
- L. D. House, receiver of st. Paul
heimer; decision giving judgment for S4OO
In favor of plaintiff. Kelly, ].
Eleanor Quesnel vs. George H
Blanchard ct al; order overrulng demurrer
of defendants to complaints. Kelly, J.
Before the judges
81, 325-Ernest Monty, by guardian, VS.. st.
Paul City Railway Company; settled.
585-Eugenie ]. White vs. City of st.
Paul; action to recover $4,000 damages for
personal injuries; on trial. Egan, ].
"a, 5a-Daniel Carey VS.. Omaha road action
to recover $4,000 damages for personal in
juries on trial. Brill, j.
"a, O50-Emmett Lytle VS.. Annie A Brown;
stricken.
63,s52-Julia B. Davidson, guardian, ct al.
VS. City Of St Paul ct al. continued.
GA, 579-Sarah Kicks vs. j. F. Kicks: con-
tinued to March 6.
SO, 7S9-W. S. Mott Company VS.. st. Paul
Sash, Door and Lumber Company; continued
to March 4.
Cases Set for Monday
Jury Calendar-Nos. q, o. g. "a, 107 154.
Court Calendar-Nos. 81, g. "a, Sc, los. 1870.
St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1896-02-15

on Monday, March ID 1896, at $50 O'Clock
p. M, said meetings to be held for the pur
pose OF opening said proposals and consider
ing and acting upon the same.
further resolved, That all checks accom-
panylng proposals that shall be rejected
snail forthwith be returned to the bidder de-
posting the same.
Further resolved That the substance Of
TINS resolution shall be Incorporated in the
encouragement to be made as aforesaid by
said City Clerk.
Adopted by the Assembly Feb 6, 1896.
feas-Messrs. Arosin Johnson. Lewis,
Parker, Reardon, Robb, Strouse, Van Syke
Mr.. President-9.
Nays-0. .t.
Adopted by the Board of Aldermen Feb.
IL, 1886.
Yeas-Ald Brady, Hare, Kartak, Lindahl
Markham Ulmer, Wolf, Mr.. Vice President
s..
Nays-O
Approved Feb. 10, 1885,
JOHN COPELAND
President of the Assembly.
THOMAS MONTGOMERY,
vice President of the Board of Aldermen.
MATT JENSEN, City Clerk.
Feb 15
St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1896-02-15
Mrs. WinsIovv's Soothing syrup.

Is an OLD and WELL-TRIED REMEDY, and
for over FIFTY YEARS has been used by
millions of mothers for their CHILDREN
while CUTTING TEETH with perfect success.
It soothes the child softens the gums, re-
duces Inflammation, allays all pain, cures
wind collie. is very pleasant to the taste. and
is the best remedy for diarrhoea. Sold by
druggists in every part of the world. PRICE
TWENTY-FIVE CENTS A BOTTLE. Be
sure and ask for MRS. WINSLOW'S SOOTH-
ING SYRUP and take no other kind, a.
mothers will find 1t the Best Medicine to use
during the teething period.
St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1896-02-15
POLICE COURT GOSSIP.
Busy Day for the Criminal End
of Court.

VI COuFt
Anton FRANKIE, accused of assault
Ing Jack Flynn with a dangerous
weapon on the 26th of January, was
arraigned in the municipal court yes
terday on continuance, and upon
the request of Mr.. McGhee, the de-
PENDANTS attorney, who stated that
he was engaged in another court, was
granted a further stay until Feb. 18
at a. m.
N Rosenberg appeared in the court
to answer charge of assault and bat
terry preferred by Samuel Millstein.
After considering the evidence in the
case Judge Twohy placed Rosenberg
under a $3.50 peace bond.
Harry Nugent was in the police
court yesterday charged with disorder
ly conduct, it being alleged that the
prisoner had hired a horse from
Shea's livery stable early in the even
ing and drove about the streets, in
dulging in boisterous conduct until 3
o'clock the next morning. officer
Coveney testified to seeing Nugent
drive up Seventh street after midnight
while Nugent swore he had returned
the horse to the barn at II o'clock
being substantiated in his testimony
by the night man at the barn. Judge
Twohy continued the case until Feb
is to permit the Introduction Of fur
lllcI cN1QeuCS.
Louis Yedder and Isaac Larsen, two
young men living at Gladstone, were
arraigned on complaint of Gustave
Murrow, railroad employee, who
charged the prisoners with having as
saulted him on the evening of Feb
5 as he was leaving train at Glad
stone. Yedder and Larsen were ar
rested Thursday by Deputy Sheriff
Johnson. Judge Twohy held both men
in 500 bonds until today
William and Dennis Murphy, two
brothers engaged in the fuel business
on Mississippi street, near Glencoe,
were arraigned, charged with assault
and battery by Samuel Dichter The
case was continued until Feb. 49,
Joseph Stavohova and Jacob Sny-
der were before Judge Twohy yester-
day charged with larceny. 1t was al
legged in the complaint issued at the
instance of the st. Paul & Duluth
railroad, that they had purloined $50
feet Of lumber valued at one cent per
foot. Both men were held in $50 bonds
until Feb. 10. Snyder secured the nee
essary bail and was released pending
the hearing. John Malone was also
arraigned on the charge Of larceny
by the same complainant. It is al
legged that he stole stove, the prop
erty of the Duluth road. Malone was
granted stay until Feb. 10.
John G. Reising, charged with sell
ing liquor without a license, whose
case was heard by Judge Twohy
Thursday and taken under advise
ment, was yesterday fined SIS.
St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1896-02-15
ANNOUNCEMENTS.

to our, store on Third ST., near Sibley. we
offer at wholesale cost large, fresh stock
of goods Hotels, boarding houses and
families will do well to lay in supplies we
sell by case or package to any one. Griggs
G Co. Established 1885, Groceries at
Wholesale, 100 and 1872 East Fifth ST., St.
Paul.
St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1896-02-15
Notion Department.

favor of John Wagner, City Treasurer, for
the sum of $45S.33, to pay the street COM
mlssioners for the month of January 1896.
In accordance with Board File No 5565, ap-
proved Feb 8, 1896, and pay roll certified to
by the City Engineer and approved and al
lowed by the Board of Public Works.
Adopted by the Board of Aldermen Feb. IL
1896. -
Yeas-Ald. Brady, Hare. Kartak, Lindahl.
Markham, Ulmer, Wolf, Mr.. Vice President
$. st 49,
Nays-0.
Adopted by the Assembly Feb. 10, 1896.
Yeas-Messrs. Arosin, Johnson Parker.
Reardon, Robb, Strouse, Van Slyke, Mr..
Presidents. -
Nays-0.
Approved Feb. A. 1896.
JOSEPH EHRMANNTRAUT JR.,
President of the Board of Aldermen,
THOMAS MONTGOMERY,
Vice President of the Board of Aldermen.
JOHN COPELAND,
President of the Assembly.
MATT JENSEN, City Clerk.
Feb. 10.