davidaulloa/AmericanStories huggingface dataset:
St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1896-02-06
Was He a stakeholder.

The case Of the Lake Phalen Land
and Improvement company against the
heirs of the estate Of the late William
Lindeke came on for trial before Judge
Otis yesterday afternoon. The action
Is to collect the assessment of So 600
against the estate of the deceased on
the grounds that he held stock in the
plaintiff company. 1t is contended
that William Lindeke owned S25, 900
worth Of stock in the plaintiffs compa-
ny, and this suit Is a test case, with a
view Of determining whether the de-
ceased was really a stockholder The
defendants claim that the deceased was
not stakeholder, and that If he was
the claim which is now presented should
have been fled in the probate court.
St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1896-02-06
DOESN'T HAVE TO.
Judge Kerr Rules With Judge
Twohy In n Certain Cnse.

The attempt made by John B. Cow
ington to compel Judge John Twohy,
by an alternative writ Of madamus. to
sign a proposed and settled case in the
municipal court, proved a failure yes
terday, when Judge Kerr, Of the dis
trict court, where the writ of alterna-
tive madamus was sought, filed an
order to the effect that the writ could
not stand and must therefore be dis
charged.
This matter came up In special term
last Saturday upon motion for the
respondent to show cause whv the pre-
emptory writ of mandamus, requiring
him to sign the settled case at once
should not be issued. The respondent
moved to discharge the writ on the
grounds that the district court had no
Jurisdiction of the respondent or sub
ject Of action, the municipal court not
being an inferior tribunal to the dis
trict court, and because a copy Of the
proposed case, which it was sought TO
compel the respondent to sign, vas
not attached to the petition or alterna.
tive writ. and therefore remained in
definite and uncertain.
The action in the municipal court was
one Of forcible entry in which the re-
lator was the defendant. Judgment
was ordered against him. and in the
usual course Of time he submitted q
proposed case to the court. This pro-
posed case was in narrative form
whereas the rules of practice Of the
municipal court require that the pro-
posed case shall be in the form Of
questions and answers. Besides this
the defendant has not attached the ex-
hibits used in the trial of the case.
This narrative form Of a proposed case
was objected to and another was pro-
posed, which was prepared in the form
of questions and answers.
In the second proposed case the ex-
hibits were omitted. The court did not
think the second proposed case was
sufficient and the relator then applied
for a writ to compel the municipal
court to sign the proposed case.
Judge Kerr, in discharging the alter
native writ does not base his order
upon the ground urged by the respon-
dent that the municipal court is not an
inferior tribunal to the district court.
Judge Kerrs order Is made on the
theory that the relator should nave
specified in the alternative writ what
proposed case he wished to nave
signed
St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1896-02-06
PROF. sM1TH,s POSITION.
High school Building Cannot he
Made n BANQUET Hall.

An article appeared in an evening
paper last night critcising Principal
Smith, of the Central high school, for
his refusal to allow any students go
ctal gatherings at the high school build
ing. He had not seen the article until
itSwas Shown to him by G re-
porter last night, and as soon as he
had read it, he said: I will not deny
that 1 have shut down upon social
gatherings among the students at the
high school building. When took
my position in 1893, it was the instruc-
ton Of the school board that I pursue
such a course Judge Willrich, who
was at the time president of the board,
made public announcement to that
effect at the time, and so, what have
done in the matter has been in the line
OF duty I am quite sure that there
is not general dissatisfaction among
the parents, on the contrary, many
Of them have stated that they did not
want their children to devote their
time in this manner.
These social gatherings for which
the students ask, come at their after
noon study hours, and we do not be-
heve that we can sacrifice school du-
ties for social considerations. In regard
to the meeting Of the Boadicean so
ciety, I gave them permission to cele-
brate Lincoln's birthday with an open
session. After granting this they asked
for banquet and reception to follow,
and / objected, believing that to be
my duty. AS to my antaSonism to the
policy Of my predecessor, 1 have moth
ing to say other than that I have for
him the kindest regards. His methods
do not concern me; I am acting as
was instructed as my best judgment
dictates, and believe I have the SYM
pathy OF the parents.
St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1896-02-06
MINERS GETTING TOGETHER.
~ %, -et
Some Talk of a big Mine EmpIora.,
Organ iEatiOn


Some Talk Of Big Mine EMPLOYEES,
Orgaaization.
There Is talk on the mining range in
the northern part Of the state Of the or
gdnization OF mammoth employees or
ganlzatfon, which shall comprise In its
membership all the miners on the Mis-
sabe and yermillion ranges. together
with the workers In similar callings in
wisconsin and the northern peninsula
OF Michigan. There are 4, 500 miners TN
this state alones according to figures
given the q be yesterday by Labor
Commissioner Powers, and If the OUTPUT
OF the Minnesota Iron company is in
creased during the coming year to the
eL ormous figures which have been pub
i1shed, the increase will necessitate a.
like increase in the number Of miners
to at least 5000 men. Mr.. Powers said
however, that he had no definite infor-
nation as to the existence Of such a
movement, but intimated that new as
movement, but intimated that the new
assistant commissioner, A. McCaIlum.
lum is president Of the Duluth Trades
and Labor assembly. Mr.. McCallum Is
at work in Minneapolis, now, however,
and could not be found yesterday
He considered it not unlikely that
there might be a movement to extend
to the Minnesota ranges the organiza-
ticns which have been pretty general
among the miners Of northern Wiscon-
sin and Michigan, and whose efforts
have been apparent to the world at large
in number OF very bitter strikes
While the Minnesota ranges have not
been entirely. free from labor troubles,
they have been comparatively slightly
affected, but it is possible that the pres
ent talk of an increase in the output
has led the miners to believe that this
spring Is to be their lucky hour, and
that they may be in a position to die
tate terms, at least to considerable
extent. 81
St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1896-02-06
GEN. CHILDs FURNISHES AN OPIN-
ION INTERESTING TO ALL
COUNTY OFFICERS.
TITLE OF A CERTAIN LAW. BAD,
THEREFORE, ONLY OFFICERS OF
CITIES SERVE AS WITNESSES
WITHOUT PAY.
ANSWER TO COUNTY ATTORNEY
Court Bees Not, the Attorney Gen
eral Holds. Assume to Read
Omitted Words.

County Attorney Butler received from
Attorney General Childs yesterday On
opinion which will crafty the county
ofnc1als throughout the state. In the
course of certain suit the question was
raised whether law passed at the last
session of the legislature, and aimed
mainly at police officials, would also in
clude county officials. The act is chap
ter 241 of the General Laws of 1886 and
is entitled IAN act preventing officers
and employees of cities in this state from
receiving fees as witnesses in any case
In which the state of Minnesota or any
city or county in such state is q par
ty." The law reads: mo officer or en-
ploye of any city or county in this state
snail hereafter receive or be paid any
sum as witness fees in any case in which
the state Of Minnesota or any city or
county In this state is party. Pro-
yided. that this act shall not prevent
any county from paying the actual ex-
pense Of any such officer or employe
who attends as a witness during the
trial of any such case in any place 9TH
er than the residence Of such officer or
employe." The body Of the law thus in
ciuueS employees ana off1cerS OF counties
as well as of cities, while the title re-
rers to the cities only. Mr.. Butler de-
sired to know whether the law did not
contravene section q, article 4, of the
state constitution. This article provides
that NO law shall embrace but one
subject, which shall be expressed in its
title.
Mr.. Childs is of the opinion that the
constitution must be adhered to in this
case, and that therefore the law applies
only to municipal officers and employees.
Deputy sheriffs and other county Of
ficers are. under this construction, enti-
tied to witness fees in any case, regard
less OF their official position. Says Mr..
Childs, in the course of his opinion: TT
might with some propriety be urged that
the title is defective from mere over
sight or a clerical mistake. | know no
case, however, where a court has as
sumed to read omitted words into a
title; and l fear that in the present
case there is nothing save the wording
on which to base the contention of a
clerical mistake or omission 1t is safe
to assume that the subject of this act
will be treated. by the courts as having
no broader contemplation than what its
titular terms import. The title being
restricted to city officers and employees,
the body of the act can have no broader
scope. So far as it relates to county
officers and employees the act is there
fore invalid"
St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1896-02-06
CHOkED THE CHILD.
Ellen Gilmore Causes Sensation in
the DAY NurserT.

the Day Nursery.
- Ellen Gilmore, woman who is known
to the police through being arrested q
number of times for drunkenness, cre-
ated sensation at the Relief hall yes
terday afternoon by attempting to
strange one of the infant inmates of
the day nursery. The woman, who had
just been released from the Workhouse
yesterday morning, appeared at the Re-
lief rooms about O'clock in the after
noon, and without entering Mr. Hutch
ms Office. made her way to the day
nursery, where, in the absence Of Mrs.
sutton, the matron, an assistant was
In charge. Pushing open the door, the
old woman encountered the assistant
with a seven-months-old baby in her
arms.
That's the child I've been looking
for, and now that I have found him
I'm going to have him." cried the wo-
man, as she snatched the baby from the
nurses arms.
Startled by the suddenness of the
move, the nurse stood astonished until
the woman grasped the infants throat
and began choking its life out A strug-
gle followed, in which the nurse rescued
the baby, and succeeded, after drop
ping II on the floor, in forcing the fren-
zied woman from the room. Proceed
ing to MIR. Hutchins' Office, whose only
occupant was Miss Francis, the stem
ogTapher, the now seeming crazy wo-
man cursed and swore like a fiend, at
times giving vent to shrill peals Of
laughter Miss Francis escaped Into
the hall after a hard fight, and Mr..
Eutchins coming in soon after, called
the patrol wagon and had the woman
removed to the police station, where,
still fighting and screaming, she was in
caIcerated-
Just outside THE Nursery door, where
the old woman fell after her expulsion
by the nurse, Mr.. Hutchins afterwards
picked up an ugly looking caseknffe,
ground to keen edge, which is sup
posed to have been dropped by the ba-
by's aSsailant- ,
St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1896-02-06
p. O. JUsTUs, BILL. FOR REPAIRS
CONSIDERED IN EXECUTIVE
SESSION
OF THE BOARD OF EDUCATION.
ACTION rAkES AT THE LAST
MEETINGSoF THE BODY WAS
REUoNsIDEaED.
nrno1rnnyl THE SCHOOLS.
Changes andtTrsnxfers Recommends
ed by the NEUTRALITY-SUSPICIOUS.,
Tra,nins ssseoI Graduates.

The board af education held lively
meeting yestRrdaf, the cause of the
spirit manifested sfeing the bill present
ed by P. G. Justus for repairs made on
various school buildings during the
summer. This was disallowed at the
last meeting Of the board. but that ac-
ton was reconsidered In an executive
session. and the boards dilemma solved
by resolution to submit the claim to
arbitration. But when the matter came
up In open meeting afterwards. all the
members voted against the disallowance
OF the bill through q parliamentary
tangle, Inspector Wilkes included, in
spite Of his fears that some one was
going to throw him down. But the
other members were not as unfaithful
as he suspected them, and after he had
voted against the disallowance, they
voted for his resolution to arbitrate
This provides fora board Of three, one
to be appointed by the board, one by
Mr.. Justus and the third by these two.
Pfendergast was suggested as the ar
bitrator for the board.
Supt. Gilbert reported the enrolment
for the month as follows: Total enroll
nent, 1904; average daily attendance,
AobfSoJ tOIoi -huIlDGT huullLtSQ, ZU,0U1.
protest was received against the
proposition to close the manual train
ing school.
Inc matter OF new equipments for the
Maxf1eld school was referred to the COM
mittee on real estate, and the PROPOSE
ton to add higher grades to the Robert
A. Smith school was referred to Messrs.
McNamee and May.
Miss Rebecca Martin, whose structures
one ~ L,
favor with the board, tried to enlist the
attention Of the board in behalf Of two
girls who were kept out of school by
what she termed. injustice, but without
giving her an OPPORTUNITY to argue the
case at great length, the board adjourn
ed. The board also adopted the report
of the communication schools as follows:
We recommend that the following resigna-
tions be accepted: Miss Marion J. Craig, Of
the central high school; Mrs. Emma w.
Rogers, OF the INeill, school; Miss Gertrude
Hill. of the Jeffersons to date from Feb. /.
We recommend that leave of absence with
out pay, be granted to the following: Miss
M A. Emerson, Of the Douglas school: Miss
Bertha de Haas ofgthe Van Buren, school;
Miss Frances Relf, Of the Van Buren, school
Mrs. A. P. Bell, from the Rice School to the
Douglas; Miss Inez Bunker, from the Hen
bricks school y to the Drew; Miss Jessie
Strong, from, the Madison school to the
We recommend that Miss May CauIfeld be
appointed to the fourth grade, NeiIl school,
We recommend that the Longfellow kinder
garten be one session, for the present All
OF the above to date from the beginning of
specified. A''-Q
We recommend that the following be grad
uated from the teachers training school:
regular course, Miss Eta Murphy; kinder
garten course, Miss Clara Plechner. Miss
ELzabeth Burghardt Miss Florence Hart.
St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1896-02-06
ASSIGNMENT OF JUDGMENTS.
Judge Kelly Makes a Ruling of Inn
pOrtence.

Judge Kelly made decision yester-
day which is quite important, in view
of the bearing 1t has upon rules of
practice in regard to the assignment
of judgments. The decision was made
IN the case of John Melrose against
the St. Paul City Railway company
upon a motion for an order to the
sheriff Of this county show cause why
the levy he made upon an execution
upon certain judgment should no, be
vacated.
The case came up for trial before
Judge Kelly Jan. %, and verdict was
returned for the plaintiff. 1t seems
that this verdict, which was made a
judgment, was assigned ythe plaintiff
to Edward Darragh, and that the
sheriff made a levy upon it bofere it
was entered upon the judg ment books
in the office of the clerk of courts.
Judge Kelly orders the levy vacated
upon the grounds that it was a nullity,
being made before there was a verdict.
St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1896-02-06
10 Gents

a yard-in a quality usually re-
tailed for 2Sc, and advertised in
some stores worth 39c. Ready at
9:3o o'clock. Positively not more
than Is yards to one buyer.
80 pieces newest Jap Silks IN
Navy Blue grounds, "a inches
wide, only 5S een4ss last sea-
sons price was Sc.
Black Shanghai Silks, a full
yard wide, so cents adver-
tised worth 81.
Haskell's Black Taffetas, No. 1
quality, only Sd cents.
More Novelties can be seen
here in ten minutes than YOU can
see IN any other store in week.
There never was such an assert
ment III the Northwest.
St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1896-02-06
ACADEMY OF MEDICINE.
Interesting Meeting Held at the
Ryan Last Night.

The regular monthly meeting of the
Minnesota Academy of Medicine was
held at the Ryan last night. At $50
o'clock the business meeting was held
at which nothing of special nature
was considered, although considerable
routine business was transacted The
evening was devoted to the reading
of papers and their discussion, all of
which were Of a technical nature, but
interest to the physicians. The presen-
tation of specimens and reports of cases
was conducted by DR.. Jones, of st.
Paul
An interesting paper upon the "Rela-
ton of Preventative to Cura tive Medi-
cine" was read by Dr. H. NJ Braken,
and the discussion was lead by DR.. K.
Hoegh.
This was followed by a paper by DIR.
M. J. Mayo upon "a Consideration of
Some Of the Principles Underlying the
Surgical Treatment of Suppuration."
A majority of those present entered
into the discussion of the paper, DR.. ].
e. Moore leading.
St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1896-02-06
WANTS THE MONEY BACK
An Echo of the Daily News Heard in
Court.

An echo Of the old Daily News was
heard in court yesterday in the form of
legal proceeding brought by William
Fisher against the North Star Construc-
ton company to recover $500. 1t is
claimed that at the time the Daily
News aourished in this city the defend
ant purchased $4,000 worth of stock in
that concern. This stock was assigned
to the plaintiff, who held it in trust for
the defendant for some time. The plain
tiff claims that he assigned the stock
to one Of the officers of the Daily News
company, but that no record was made
on the books Of the Daily News com
pany to that effect. 1t is claimed that
judgment of sS49.O9 was obtained
against the plaintiff on the supposition
that he was a stockholder. He says he
was compelled to pay $500 to settle the
Judgment, and he now sues to recover
$500, which he claims he has paid out for
the defendants.
St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1896-02-06
RACE TRACK DISASTER
Recalled by m Action In Judge
BrilNs Court.

Judge Brill is hearing a case which
called to mind the Hamline race track
disaster of 1891 The case is entitled
Mamie Lane against the Minnesota
State Agricultural society, and Ii
brought to recover $4,000 for personal
injuries which the plaintiff claims t.
have sustained in a race which oc-
Cured during the fair in 1851. The
plaintiff was the iider Of one Of the
horses which took part in the race
She claims that Isaac B." bolted in
front of and against Little Jo.'
Little 10" fell and the horse ridden by
the plaintiff fell over him. In this fal
the plaintiff claims to have broken hei
arm and injured herself in such q man.
ner that she is entitled to recover $iJ,
900 from the society.
St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1896-02-06

as saying that boxes still existed in
the Olympic, and that men and women
mad been seen occupying them, and
drinking in them. Rev. Mr.. Morgan
was informed that the only boxes left
were tho prescenfum boxes which oen-
stitute part of the building, and eoutd
not be torn out by the tenant without
subjecting him to suit for damages
by the landlord. It was also made
clear to Mr.. Morgan that no law could
De enacted which would prohibit O.
man and woman entering place
where liquors are legally sold, and
drinking together. The proprietors of
the Olympic and Bodega assured the
committee that the women employed
behind the footlights in their respec-
tive places were no longer permitted to
enter the boxes, or any portion of the
auditorium, upstairs or downstairs.
St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1896-02-06
SPEND THE HONEYMOON HERE.
Mr. and Mrs. Clyde Knapp SojOurn-
ing in st. Paul.

Renewed interest attaches to the
story Of the Knapp-Aspinwall marriage,
contained in the G o e yesterday, on
account Of the fact that the newly
welded couple are living with Mr..
Knapp's parents at 1863 Nina avenue,
where they have been since the day
they returned from Hudson.
It has been enormously stated that
Mr.. Knapp, senior, lived in the East,
whereas, he Is connected with the firm
Of Finch, Van Slyck & Co., Of this city.
He was seen at his home last evening
and made the statement contained
above, that the young people were
members Of his household. His son,
he said, was in the insurance business,
although he was not sure how long he
would remain here. There was nothing
sensational, the father said, about the
marriage, and it was simply the prank
Of two young people. He deprecated
the publicity which had already been
given the matter, but could give no
reason why Hudson, instead Of st. Paul
or Duluth, should have been chosen for
the celebration Of the ceremony.
St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1896-02-06
.:omrany DIS EAhibliion Tonight.

An event Of more than ordinary note
will take place at the Sixth street
Armory this evening, the occasion
being an exhibition drill by Company
D, First regiment, N. G. S. NJ, prior to
the departure of the company for New
Orleans, where Company D will partic-
ipate in the Mardi Gras festivities. The
officers and men Of the company have
devoted much time and attention to
perfecting themselves in matters
military, and the company has been
newly uniformed throughout thus max
ing the company second to none, in
point Of appearance, as we'll as drill
Judging from the number Of tickets of
admission that have already been
issued, there will be many who will
find standing room only, inside the
present building which is used for an
Armory
St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1896-02-06
--s-----
RAILROADS EARNINGS.
Increase in Business of the Mime
sofa Roads.

State Auditor Dunn yesterday receiv-
ed several mere sreports Of railroad
earnings, each showing a gratifying in
crease over the figures Of 1894 The
Duluth, Messabe & Northern reports
gross earnings of s7,010, 1887 for the
year just passed, as against 1913, 70
in 1894. The tax paid this year is SILL
S1196 "a
The Minneapolis & St. Louis has earn
ed 1858, S78.O5, as against $1,410, 1876
for 1894, and will pay $46,916.34.
The Wisconsin Centraps few miles Of
track between the Twin Cities have
earned $129, 022.80, where in 1894 they
only earned 117,593.43. This years tax
Is $3,7S7.90.
The Wisconsin, Minnesota & Pacific
earned $270, 232.70, whereas in 1894 it
made only $245, 100: This years tax is
$S,106.9S.
The secretary Of state yesterday re-
ported fees for January amounting to
$169.35.