davidaulloa/AmericanStories huggingface dataset:
The Mankato free press. [volume] (Mankato, Blue Earth County, Minn.) 1879-1924, 1896-07-24
THE FLETCHER INDUCTION.
Affidavits Presented by Both Sides
and Arguments Made.

The injunction proceedings COM
menced by L. G.. M. Fletcher to re-
strain the Omaha road from entering
upon his lots were heard by Judge
Severance Saturday afternoon. At
torneys Fletcher and Taylor appeared
for the plaintiff, and Attorneys Will
son, Cray and Pau for the defendant.
The proceedings consisted of the
presentation of affidavitS and the
arguments on the points raised. Mr..
Fletcher's affidavit was that he be-
lieved that the company is preparing
to grade on his lots, which would dam
age them and be a violation of his
rights.
The affidavits of the road speak of
the great improvements being made
in this city, at large expense. Mr..
Fletcher had been one of the COM
mittee which had asked the road to
change it's line, and the road had been
induced by Mr. Fletcher and others
to make the change. The lands are
bottom lands, subject to overflow.
The fill west of Mr.. Fletcher's land
will be completed by Aug. Doth, and
there is large fill east of the land,
which can only be made by crossing
his land. To delay the proceedings
until October, when the appeal will
be heard, will delay the completion of
the grading until next summer,
and there will be loss of $4,000 to
the company. The road having given
a bond for SIS, 900, it asked that the in
junction be refused. A decision is eX-
pected tomorrow morning.
Just as we go to press we learn
that the United States district court
has set aside the injunction asked for
by L. G.. M. Fletcher against the
Omaha road.
The Mankato free press. [volume] (Mankato, Blue Earth County, Minn.) 1879-1924, 1896-07-24
DEMURRER SUSTAINED.
The Mankato & Northeastern Can.
not Collect Stock Assessments.

Judge Shissler has rendered de-
cision in the demurrer to the COM
plant in the case of the Mankato &
Northeastern railway company, a
corporation, vs. Geo. E. Keene. The
decision reads as follows. after the
usual preliminaries:
Now having heard the arguments
Of said counsel respectively and duly
considered the law relative to the
questions raised by said demurrer it
is found.
1st. 1t appears on the face of the
complaint than the plaintiff is a cor
poration. That the capital stock
thereof was to be one million dollars
divided into ten thousand shares Of
one hundred pollars each.
End. That before the organization
of said corporation the defendant
subscribed for one share of said CAPT.
tai stock.
Sd. 1t appears further that no
more than four thousand dollars, or
forty shares have been subscribed.
4th. The settled law in such a
case in this state is that the SUBJ
scription is not collectable until the
full amount of the stock is subscrib-
ed; the allegations Of the complaint
show only the facts as above stated,
that the capital stock is one million
dollars. That the defendant is one
subscriber for one hundred dollars
There being but forty subscribers in
al and each being for one share of
one hundred dollars. That the
stock has not been fully subscribed
for, nor indeed any material portion
of it.
9Th. There is no allegation in the
complaint making the defendant
liable unless he is liable simply as a
subscriber as above stated.
9Th. l find the complaint does not
state facts sufficient to constitute a
cause of action and therefore l sus-
tain the demurrer. Let this finding
be entered and recorded accordingly.
The minutes of the court on the
demurrer are as follows:
While an estoppel in pals need not
| be pleaded the complaint must show
upon its face cause of action. This
complaint upon it's face does not
show cause of action, but on the
contrary the facts alleged as they are
alleged show that the defendent is
not liable. / think the case would
be analogous to one wherein the COM
plant on it's face shows that the
statute of limitations has run against
the claim. 1t would not be seriously
contended that in such case de-
murrer would not lie, although the
evidence might show that by some
act of defendants he might have
waved the running of thes statute.
In that case to make the complaint
good, such act must appear on the
face of the complaint. If it appears
upon the face that the statute has
run, and while the matters of estop-
pei in pals need not be pleaded, the
rule that the complaint must upon
it's face show cause of action re-
quires that all matters should be
pleaded necessaryto constitute cause
of action wherein they are of estoppel
or otherwise.
The Mankato free press. [volume] (Mankato, Blue Earth County, Minn.) 1879-1924, 1896-07-24
YOUNG MAN DROWNED.
The minnesota River Secures Another
Victim.

A son of August Stolt. a we'll known
Nicollet county farmer, was drowned
in the Minnesota river about twelve
miles west of this city Sunday after
noon. He and some companions had
been playing ball, and before cooling
off sufficiently, so it is reported, they
went into the river to battle. Young
Stolt is supposed to have been taken
with cramps, and was drowned in
seven feet of water before any assist
ance could be rendered. The body
was recovered soon afterwards by
Messls. Goodell and Durham, who
live near the spot.
The deceased was less than twenty
five years of age, and was unmarried.
His death casts gloom over the en-
tire neighborhood.
The Mankato free press. [volume] (Mankato, Blue Earth County, Minn.) 1879-1924, 1896-07-24

The sidewalk recently ordered
built on Poplar street is nearly com.
pleted.
Benz. Henderson and Miss Emma
Gustafson, both of this city, were
married Friday.
The Mankato free press. [volume] (Mankato, Blue Earth County, Minn.) 1879-1924, 1896-07-24

For four-horse equalizer for har-
yesters 90 to Chris. Danielson.
4 will sell cheaper than ever,
wagons, buggies, bicycles, harrows,
disc harrows, and everything you
want. j. G Roller.
The Mankato free press. [volume] (Mankato, Blue Earth County, Minn.) 1879-1924, 1896-07-24
SCHWARTZ SIGNED.
Page and Hopkins Sign But Decline to
Come

Page and Hopkins Sign But Decline to
Come.
The base ball situation has changed
somewhat since Saturday. Page and
Hopkins signed contracts with the
new association before leaving for
Winona, but now refuse to carry them
out, so we are informed by one of the
directors. They will remain in Wi
mona.
Schwartz, who was catcher in the
st. Peter team, and who has more
lately caught in the Winnebago City
Clippers, has signed with the Man
kato club. and is a valuable acquisi-
tion.
Secretary Schmitt has received a
reply from Manager Black, of the LIE
Mars, Iowa, team, saying that he is
bound up there for year and cannot
come.
Two players in the Iowa state
eague have been written to, and it is
hoped to get their signatures.
A meeting of the directors will be
held tonight.
Saturdays Winona Daily Herald
states that the new Winona ball club
arrived there that forenoon from
Mankato and was met by the mem
bers of the association and escorted to
their quarters.
The new Winonas defeated the Fort
Smelling team badly in the games
Saturday and Sunday.
The Mankato free press. [volume] (Mankato, Blue Earth County, Minn.) 1879-1924, 1896-07-24

stpston etc Is Cents Sold By ali drSegists
The only Pills to take with Hoods Sarsaparilla
The Iola register. [volume] (Iola, Allen County, Kansas) 1875-1902, 1896-11-06
Georgia for Bryan and sewaII.

ATLANTA, Ga, Nov. 5.-Returns from
various districts indicate the election
of a solid democratic congressional
delegation with the possible exception
of the First district, in which Boyle
(rep) is giving Lester (dem-) close
race. The electors are democratic by
about so. 600.
The Iola register. [volume] (Iola, Allen County, Kansas) 1875-1902, 1896-11-06

Just as We go to press a special dis
patch to the REGISTER from Capt. T.
8. Slower, says:
probabilities are that Morrill, and
Carver are defeated. We have forty
six Representatives an, eleven Sena-
tors"
o Lord, have mercy on US misser-
able offenders!
The Iola register. [volume] (Iola, Allen County, Kansas) 1875-1902, 1896-11-06
The Legislature is Lost Anyway, and Probably Five out
of Eight Congressman.
ALLEN COUNTY HIT HARD
Every Except Probably
BY Small Majority.
THE RETURNS IN DETAIL.

glorious
prosperity gnay triumphed
segovernment campaign
Bryan
wisdom all
disaster that
made
history careful and appropriated questions
their verdict
every patriotic
the prediction that long before passed
majority him. deep
their hearts William Mckinley President
: of
bat there
and Appellate Judges
the Legislature
and CheJustice will
uis brought
ally Kansas has held
kept capital aud driven
ed business
millions
ares hardfor
Complete Allen puaties
Kmley 1885, Morrill, 1885, Harris Lamb,
Miller los; Bflbe, Ritter,
WOOdsOn to be
beaten Commissioner
following give that was in
yesterdays dailes
The Iola register. [volume] (Iola, Allen County, Kansas) 1875-1902, 1896-11-06
Virginia Democratic by $4,000.

RICHMOND, Va, Nov. 5.-Returns are
still coming in slowly, but Bryan's ma
jority will reach $4,000. Eight demo-
cratic congressman arc cer'airlv elect
The Iola register. [volume] (Iola, Allen County, Kansas) 1875-1902, 1896-11-06

NASHVILLE, Tenn, Nov. 5.-Returns
received from the state are very
meager. The democrats are claiming
the state for Bryan. and there is a
probability that he will get a small
plurality. The republicans still claim
the state by small plurality and are
confident of the election of their candi-
dale for Governor
The Iola register. [volume] (Iola, Allen County, Kansas) 1875-1902, 1896-11-06
Indinun aims steady.

INDIANAPOLIS. Ind. Nov 5-Four
hundred out of the Bis precincts in
Indiana outside Of Marion county On
dianap 'l.>) show net repn"l can gain
of 4 l19. little over tn 10 a precinct.
kept steadily up and if it continues will
give the state to Mckinley by over 3D.
600. With such a heavy repubi can
vote over the state the repu licans
have probably all the congressional
cani dates, though there is doubt
about three.
The Iola register. [volume] (Iola, Allen County, Kansas) 1875-1902, 1896-11-06
ISF(iGS'

BFfGGS
Rood Purifier and Blood Maker.
Cures ScrofuIa sores and eruptiOns on
the face We keep it, Evans Bros.
The Iola register. [volume] (Iola, Allen County, Kansas) 1875-1902, 1896-11-06
New Jerseys Vote.

CHICAGO, Nov. 5.-The Associated
press received the following from Jo-
seph NJ Carey: cheyenne, Wyo.. Nov.
3.-Wyonfing in great doubt; think Nc
Kinley will have small majority. 1t
may require official count to decide
who is elected
The Iola register. [volume] (Iola, Allen County, Kansas) 1875-1902, 1896-11-06
South Dakota.

YANKToN. \. D.. Nov. 5.-Out of 5O,-
900 votes receive at repu blican head
quarters the repu blicans have ma
joritv of 2,4OO, and Chairman Elliott is
cor fident that this majority will be
maintained. From present indications
The Providence news. (Providence [R.I.]) 1891-1906, 1896-09-30
FOUR RIBS BROKEN.
PugiliSt Cunningham in Bad
Shape After a Bout.
Found Gr0anIng on the Steps of a
Police Station.

NEW YORK, Sept. 30.-Tho Bohemi g
Athletic Club held a boxing entertainment
last night at s1st. street and Columbus
avenue. The last bout OF ten rounds was
between Dave Sullivan OF Boston and
Bob Cunningham OF this city, both ban
tam weight. As result Of the bout
Cunningham had four ribs broken. At
4 o'clock this morning Sergeant scheir OF
the Fifth street police station heard
groans coming from tine front OF the sta
tior house. lie found a young man seated
in front on the steps. He was taken into
the station house where he gave the name
of Horseman. He asserted that ho had
been attacked by several men and beaten.
He said that he had managed to get
down town TO the Goyeneur Hospital,
where his wounds were dressed and that
ne. was on his way home when bis inju-
ries panied him so that he wes obliged to
rest on the station house steps. he ser
geaptsent word to police headquarters and
detectives were detailed on the case. They
questioned the young man, who finally
admitted that ne had been in boxing
bout, iyid hat his ribs hao been broken
by Cunningham. lie was allowed TO 60
to his home and the police will make an
investigation into the matter today.
The Providence news. (Providence [R.I.]) 1891-1906, 1896-09-30
Tho Chances of Today.

1t Is only half dozen years ago that
Frank ID. Millet, the famous New York
artist, brought into the country at great
expense, some interesting antique cabi-
net work, taken from some old houses in
England which were then undergoing
demolition. Had Mr.. Millet waited only
a few years 1t would have been possible
for him to purchase ct the wsreroom OF
the Paine Furniture Company, in Bos-
ton, some accurate reproductions OF old
Flemish and early Norman furniture, ut
less than one-third the lest Of importing
the old originals.
The Providence news. (Providence [R.I.]) 1891-1906, 1896-09-30
The "Lightfoot Two Step."

Now that the music season is on Light
foot Brothers, the music dealers, con.
nected with Mann d Eccles salesrooms at
122 Mathewson street, are presenting to
Two Step, composed 10y Mr.. Frank Street.
or, musician of considerable local repute.
In connection with this, Mann & Eccles are
also presenting to their friends and GUS
toners through the Lightfoot Brothers
copies of the March of Progress, composed
by Faucivilli, director of the U. s. Marine
Rand
The Providence news. (Providence [R.I.]) 1891-1906, 1896-09-30

the mint has received telegram from
the San Francisco mint, stating that
about $4.50O.000 in gold was expected to
arrive there from Australia week from
next Friday. Information also comes
from London that the Bank of England
expects to lose s5,000,c00 to the United
States by the end Of the week. Both Of
these shipments are expected ultimately
to reach the treasury, which, togethe,
with the amounts already in sight, will,
bring the gold reserve approximately to
Sl35 000. 600
The Providence news. (Providence [R.I.]) 1891-1906, 1896-09-30
Working Man Who Is Up
on Money Question.
Does Not Depend on Orators
But On Official Figures.
What the Records Say About the
Longest Running jump.

Last night the Gossjper heard several
workingmen discussing Bryan's Exchange
Place speech. Whether they heard 1t them
selves or read il nfterward did not appear
during the conversation; but they dis
played great familiarity with both the
text and the tenure of the Boy Orators
ropocratic pr6achment. One of the party
seemed to believe that there might be
something in the claim that the coun-
try needed more money and that the best
way TO put the extra amount into circu-
laiion was to stamp 80 cents worth OF sill
yer 100 cents. Another said there was no
need of more money. tie contended tnat
thers is In circulation at the present time
nearly as much money per capita as ever
before in the history OF the nation. He
was promptly called" by the man who be-
lieved or pretended to believe in free sill
yer coinage and requested 10 show his au-
trority for such a statement. Taking
from his inside pocket an envelope he
opened 1t ard. selecting from it folded
sheet be proceeded 10 give his authority,
and good suthority il was too, none bet
ter.
The Providence news. (Providence [R.I.]) 1891-1906, 1896-09-30

Bound to Get Big Mafeor.

Boston, Sept. 30.-A portion of the
Peary expedition arrived here last night
and members of the party state that
Lieutenant Peary will return north next
year, and bring back the big meteor,
which he failed TO do on the present
trip. Lieutenant Peary intends to take
with him next year heavier machinery,
Ia order to get the meteor aboard.
The Providence news. (Providence [R.I.]) 1891-1906, 1896-09-30
Kentuckians Don't Like II.

Lexington, KY, Sept. S0.-The action
Of the Jockey club in ruling OF Riley
Grammar and refusing entries OF VIII
Wallace, two noted young Kentucky
turfmen, caused a big sensation here.
The concensus Of opinion is that the ac-
tion is ill-advised, and will result in in
jury TO the eastern turf. Kentucky
breeders may refuse to enter in eastern
stakes
The Providence news. (Providence [R.I.]) 1891-1906, 1896-09-30
Officers Elected.

The Rhcde Island Chapter Of the Amer
can Institute OF Architects az its annuG!
meeting at Tilinghasts. elected the toll
loving named officers for the ensuing
years President. Alfred stone;vice-presi-
dent, Franklin j. sawtelle; treasurer,
Fred e. Field, secretary, Edward !.
Nickcrson; executive committee, Charlc.
+. Carpenter. Howsrd Hoppin, James
Shaw, Jr.. ard Prescott o. Csrke; com-
'aittee on Admission, franklin J. saw
ellie, George - 49, and JAMES Mur
ply.
The Providence news. (Providence [R.I.]) 1891-1906, 1896-09-30
FRANKLIN SOCIETY.
Mr.. Robert Bonner Reads Paper on the
History Of the Violin.


Last evening the 1rst in the series of
lectures to be given at the rooms Of the
Franklin Society, 81 North Main street,
was paper read by Mr.. Robert Bonner
on the "History OF the VIOLIN" He
said that the origin of the violin was
wrapped in some obscurity, as owing to
its perishab ble nature IL could not come
iown to us from ancient tombs, as could
metallic musical instruments. The
strings OF the first viol-like constructions
we're undoubtedly "picked" with plec-
trum. The reference to the viol in He
brew writings should have been trans.
'ated as harp, and IL is believed that the
viol was unknown 10 either the Greeks or
Romsns, yet Greek, or Etruscan, vase
has been found which has stringed in
Tho ancient ravsnastrom OF India and
still in use there. So that this may be
considered the origin of the violin. The
perfect modern violin dates from about
he yer Is o, and came to its greatest
oerfectioE in Italy. Tire Cremona school
4 makers existed from 1920 to 1850, fol-
lowed by their successors, one OF whom,
;tradiyari Q6li.1737), was of all makers
the most celebrated.
NJ. Bonner gavo much technical infor-
nation about the making of yiolins and
" use. His narer and his Illustrative
r, .arks were from the standpoint OF a
p essional musician and were given
tE enthu iasm and at times a humoris-
ic feeling.
Next lecture October l3, Literature
and Life" by Mr.. Edward Fuller.
The Providence news. (Providence [R.I.]) 1891-1906, 1896-09-30

Augusta. Me. Sept. 3O-A delegation
from f>'e Democratic state committee
met 8 k.etary OF state Fessenden at the
state house in opposition to using the
term National Democratic for the
Palmer and Buckner ticket, but to no
effect
The Providence news. (Providence [R.I.]) 1891-1906, 1896-09-30

The same authoritf referred to declares
that the best American jump with weigh Is
was made by Charles II. Biggar of Guelph,
Ont, in October, 1879, when he cleared q
distance OF % feet 3s4 inches. Without.
weights C.S. Rober OF Deti oft, Micn.. In
July, 1891, cleared a dist nc, of 3 feet
6ia inches and G. b. Fry of Oxford, Eng. /,
in March, 1893, cleared the same distance.
The Providence news. (Providence [R.I.]) 1891-1906, 1896-09-30
in SYMPATHY.
But American Officials
Cannot Assist.
In Proposed Armenian Colo
niZatiOn Scheme.
Must Enforce the Law Which Is In
surnountable Obstacle.

Washington. Sept. 30.-The attention
OF Commissioner Stump OF the immigra-
ton bureau was called to the movement
looking TO the colonization in this coun-
try OF Armenian refugees. Mr.. Stump
said that Secretary Carlisle and himself
had been fully advised OF such a move
ment, and numerous appeals had been
received from Lady Somerset, Francis
l.. Willard and English and American
relief societies, asking for the co-opera-
ton of the government in furnishing
these stricken people an asylum In the
United States, but while the sympathies
OF all good people must be aroused in
their behalf, the officers of the govern
ment must enforce the laws as they exist
The matter was being investigated, and
IL any lawful and proper means could be
found, they would be exercised i'm behalf
of the refugees. The law on the subject
however, strictly inhibits the landing
In this country of all persons likely 10
become a public charge -" and also
any person whose ticket or passage is
paid for with the money of another, or
who is assisted by others to come"
Lady Somerset. II is understood. has
inquired whether bonds would be re-
celv.d that these Armenians will not
become public charges, and a reply has
been sent stating that the department
cannot accept bond, except under special
circumstances, and after thorough in
vestigation of individual cases. Mr.
Stump said that he was I'm full sym.
pathy with any movement looking 10
the relief Of the Armenian refugees but
"sympathies cannot be allowed to inter-
fcre with strict enforcement OF the
law" This being the case, although Mr..
stump did not so state, IL seems al
together probable that the law neces-
sarily was found to he an insurmount-
able obstacle in the way OF relief In the
manner proposed.
The Providence news. (Providence [R.I.]) 1891-1906, 1896-09-30

Speed and safety are the watchwords
OF the age. One-Minute Cough Cure acts
speedily, safely and never fails. Asthma,
bronchitis, coughs snd colds are cured
by II.
street Metzgers Pharmacy, 230 North
Main street: Alfrcds Pharmacy, Sl1 Eddy
street.
The Providence news. (Providence [R.I.]) 1891-1906, 1896-09-30

Scan you tell me-" asks a cores
pondent of The NEws, "who made
the longest running jump?" The lat
est reliable authority on sporting mat
ters stales that the longest running
jump on record was made by John
Howard in May, 1854, at Chester, Eng
land. In thar performance he cleared
the remarkable distance OF 20 feet, z
inches, using five pound weights. But
as ''ts took" from a solid block of wood
one foot wide, two feet long ana three
inches thick, wedged shaped hand raised
four inches In front. the performance wac
not regarded as establishing a record as
egainst jumps made on level grounds.
The Providence news. (Providence [R.I.]) 1891-1906, 1896-09-30
fcommon Pleas Division.

s0i1. Margaret Lamphear VS.. The Cong
don & Carpenter Company. Attorneys
A. Cusbing for plaintiff; Comstock q
Gardner for defendant.
2sl2. Mary A. Borkin VS.. Harry Crom-
well. Attorneys-Page a Owen for plain
tifi; A. A. Baker for defendant.
y77o 3. n n. II. Brownell vs.. Harold
q. Martin. Attorneys--A. ID. Bean for
plaintiff; ID. Is. Potter for defendant.
The Providence news. (Providence [R.I.]) 1891-1906, 1896-09-30

Reading from this sheet he said: "The
total amount of money per CAPITA in cir
culation last year, according to the official
statistics prepared by the Secretary Of
the Treasury, was s24.a3, which is almost
as much as at any time since this nation
has been in existence. In 1867 the sum
per capita was siS.2s; in 1877 1t was
sl5.5s; in 1887 IL was s22.i5; in 1892
it was s24.44, which. as 4 have shown
you, is only tritie in excess OF
the per capita for last ye;r." The
man who did the scaling" had nothing
10 cay. in fact there wasn't anything
to say under the circumstances. The chief
importance in this incident is its demon
stration OF the fact that the workinqmen
are thinking for themselves. They are
going TO original sources for informa-
ti,n on the silver question and are not
accepting ipsi dixit of orators OF the boy
or any other kind OF brand.
The Providence news. (Providence [R.I.]) 1891-1906, 1896-09-30
Christian End cavorcrs' DoInrs.

Rutland, VT, Sept 30. -- Yesterdays
session OF the state convention Of the
Christian Endeavor was devoted 10 the
interests of local societies. Cynthia
Marvin presided. and her report showed
great advance in the work among the
Juniors, there being III societies I'm the
state with n membership OF 1856 Rev.
DIR. Farrar OF Albany made an address.
Tho interesting feature Of the session
was the address by Miss Rrioarian OF
Aintab. Turkey, during which she app
pealed 60 the Christians OF this country
In behalf Of the suffering Armenians.
She shsrply criticised the Christian ma
tions for their Indifference to her suf-
FERNS people.