davidaulloa/AmericanStories huggingface dataset:
St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1896-02-05
FIRST POINT IN THE ASYLUM con-
TROVERSY WON BY THE DOWN.
RIVER TOWN.
THE COURT HAS JURISDICTION.
PUBLIC POLICY IN SUCH CASES RE-
QUIREs THE COURT TO EN-
TERRAIN 1T.
THE QUESTION OF IT'S MERITS
Not Understood tp BE Passed Upon
in Any Wsy-SImpIy That the
Bench Has Authority.

In the legal battle over the location
OF the fourth hospital for the insane,
Judges Brill, Kelly, and Otis yesterday
filed an order denying the motion Of
Attorney Harris Richardson, for the
defendants, to have the temporary in
junction dissolved for want of juris-
d1ction. Following is the language of
the order:
Motion to dissolve the injunction for want
OF jurisdiction in the court to entertain this
suit against the board of commissioners to
locate the insane hospital must be denied.
The board is an agency of the state created
by put not a part of the legislative body.
clothed with the power of making contracts
ana expending moneys for and on behalf of
the state We can see no reason why the
general rules and relations between prin-
cipal and agent do not here obtain, nor why
the state mas not all the right of principal
TO control and restrain by process of law
the unlawful acts of an agent purporting to
be done in it's name
While 1t is true that upon grounds of
public policy the state cannot be sued, and
upon IKE ground 1t may be true that suits
by third persons cannot be maintained
against state agents as such. except where
the right to sue and be sued has been ex-
pressly conferred yet when the state is
plaintiff seeking through the courts to re-
strain its agents from exceeding their pow
ers and from multiplying contracts lawfully
made In its name and for its benefit flor
such is the case as stated in the eomplaint),
then public policy requires courts to en-
terrain Jurisdiction that rights of the state
may be protected and enforced.
This action is brought upon the relation
Of the attorney general. Whether 1t was
brought under the direction Of the chief ex
secutive is not expressly alleged, but when
it appears that the power of bringing such
an action by the state exists we must
sumo that such power is rightly exercised
In every case prosecuted by the attorney
general, unless the contrary is made to ap-
pear. But further than this, we are of the
az an
incident to his Office as the chief law officer
of the state. may on his own motion and
without other authority institute. prosecute
and defend any judicial proceeding where it
appears that the rights and interests of the
state may thereby be promoted or protected,
and upon the complaint this action is of that
character tLtl2O
In thus holding we are not to be under
stood as passing upon the merits of the
case in any manner nor as to the sufhciency
of the complaint, save only as it raises the
question of jurisdiction. We simply hold in
this kind of action the court has jurisdiction
and no more. ~ III
St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1896-02-05
POLICE COURT NEWS.
Il ~ - 80.
Louis Padden1 Discharged by Judge
Orr Yesterday. -fft

Louis Padden, the young man ar
rested on suspicion Of being a mem
Der Of gang, Of alleged pickpockets
which the police rounded up last week,
was arraignedl In the municipal court
yesterday on the, charge of larceny,
and discharged by Judge Orr. In max
ing this disposition Of the case Judge
Orr said that, according to the records,
his only, alternative was. to discharge
the prisoner, but he considered the evil
dence such as to warrant the atten-
ton Of the county attorney in bringing
young Padden's case before the grand
jury. ~ 0.+s,s .e
E. Jefferson was acquitted of the
charge Of assault and battery by Judge
Twohy yesterday: Jefferson's pres
ence in. the police court was due to a
family row. il, 49, =, .-sf.
Frank Ford was sent out to Como
for thirty days by Judge Twohy, hav-
ing been convicted of the charge Of
drunkenness. Ford has but recently
completed a similar sentence at the
workhouse for the same offense.
Albert Larson, eighteen years old,
was arraigned in the police court yes
terday charged with assault and bat
terry, in that he is said to have struck
Alfred Meyer, another youth, in the
head with a hard snow ball with suf-
ficient force to render the latter insen-
sible. Both boys reside on Magnolia
street. The case was continued until
today. 4.-
John O'ConnelI was before Judge
Twohy yesterday charged with assault
and battery, while William Jutz APP
peared in the same case charged with
interfering with an officer. Officer Krus-
sewiskf arrested OConnel Monday,
when Jutz, it is alleged, brought his
trouble upon himself by attempting
to release O'Connell from the officer s
custody. Both cases were continued
until o'clock this afternoon.
St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1896-02-05
LOCAL NEWS NOTES.

Melnbranous Group Is reported at 20 Acker
street 80 49,
Ladies Of the Maccabees give a dancing
party at Central hall tonight.
st. Paul Rebekah lodge, l. o. o. F., will
give grand leap year ball Feb. IT,
The committee on schools did not meet last
night, but will meet this afternoon, before
the board meeting. F---
Unity Theosophical society has its regular
meeting Thursday evening in Room 247, Endi-
colt building. Subject The Planetary
Chain"
A lecture on Reading in the Assembly
hall of the high school will be delivered Sat
urday morning by DR.. E. A. Winship, of the
New England Journal Of Education.
Assistant Attorney General Edgerton, VINO
has been in Washington arguing the section
30 case before the interior department, has
gone to Florida for short vacation
Complaint was made yesterday at the office
of the state game and fish commission that
some of the residents in the vicinity OF Four
prohibiting fishing with "bobs" or trip
ups"
The debate on the Howard charter, with
Judge Shoemaker as the champion OF the
opposition. will take place at Market hall on
Feb. II. The subject is an interesting one
and will draw a large attendance
Rev E. c. Mitchell, of the New Jerusalem
Tor Swedenborgan) church. corner OF Viz
ginia and Selby avenues, extends an invita-
ton to all members of 1.-The Kings Daugh-
ters' to attend the church next Sunday
morning Feb g. when the sermon will be
from the text which forms the motto of 1.-The
Kings Daughters"
Secretary Caulfelds report of the water
board for January shows as follows: Balance
on hand at the beginning OF the year, S44,-
4212S; receipts from all sources, $2S 156.6S;
making a total of $72.577.63 Deducting the
amount of disbursements, $21,642 Is. and there
remains a balance at the beginning OF the
month OF February of 5O,93oIS
A musical entertainment will be given
Thursday evening of this week at the guild
room of the Church OF the Messiah 569 Fuller
street for the benefit of the Young Peoples
society and the choir They will be assisted
by the Capital City Mandolin club and others.
The programme is an elaborate one OF six
thereby eXDected.
St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1896-02-05
SUPT. LEE RESIGNS.
Retires From the Supervision OF the
State RefOrmatory.

Supt w. e. Lee, of Long Prairie,
who has been superintendent OF the st.
Cloud reformatory since the retire
ment of d. E. Myers, yesterday ten
dered his resignation to the board OF
the combining nature of the duties OF
the position, If properly attended to.
and lays down the task of supervis-
the impairment of his health.
While the retirement caused some
surprise in the world at large, those
closest to Supt. Lee and to the board
have known for quite a period that
he has been finding the position q bur
densome one, and it has been looked
for as a possibility at each of the re-
cent meetings of the board of prison
managers. Those who know him say
that the position was particularly irk-
some because Of the political restraint
it enforced upon Mr.. Lee, always an
active politician, and still in the prime
of life Some even intimate that it
may be in the nature of an effort to
clear his skirts in case he should shy
his castor into the gubernatorial arena.
He has been a member of the house Of
representatives more than once, and
was speaker of the session of 1893.
II regret his retirement" said Secre-
tary Hart, of the state board Of cor
rectionS and charities, yesterday. MIR.
Lee has made an excellent Superin-
tendent for the st. Cloud reformatory.
He has shown a marked interest in re-
formatory work, and has maintained
the institution on high plane"
St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1896-02-05
THE BUSY WORLD.

s. A. Vail of New York, is at the Ryan.
John Lanzen, of Fergus Falls, is at the Ryan.
Fred Rippon, of Slayton Mimi, is at the
Astoria.
S. G. Braring, of Boston, is stopping at the
Windsor
Windsor.
John C. Buelett of Duluth, is at Hotel Met
ropolitan.
Math Machbar, of Jordan, Mimi, is at the
Clarendon.
j. A. Martin, of Chicago, is registered at the
Clarendon.
G. H. Stevens of Townes, n. D., is at the
Merchants.
s. Wells, of Litchfeld, is stopping at the
Merchants.
B. T. Van Allen of Chicago, is registered at
the Ryan.
E. Fayette, of Red Lake Falls. Mimi. is at
the Ryan.
Wallace Clark. of st. Cloud, is guest at
the Windsor.
John ]. Jacobs, of Vermillion Mimi, is at
the Windsor.
D. E. Ryan. of Dubuque, To-, is stopping at
the Clarendon.
A. C. Jones and T. L. Gilbert are guests at
the Merchants --
Clarke Chambers, of Owatonna, Mimi, is a.
guest at the Ryan
BE Bories,. of Paramount MIMI. is guest
at the Merchants
Or. F.: H.'"Yorke,7 of iHaileck, Mimi, is a
guest at the, Astoria
R. Chance, of Marshall, Mimi, is regis
tered at the Windsor.
julius A. Collier, of Shakopee Mimi, is
guest at the Clarendon.
A Gabriel, of New York. is registered at
Hotel Metropolitan.
Hugh Thompson, of East Grand Forks,
Mimi, is stopping at the Merchants.
Judge Daniel Buck came in yesterday from
Mankato and is registered at Hotel Metropoli-
St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1896-02-05
PINE LAND SALE CANCELLED.
State auditor Dunn Exercises His
Power Once More

Power Once More.
State Auditor Dunn yesterday can
celed a recent pine land sale in Pine
county, and notified the county treas
urer at Pine City to refund the money
paid him by David Tozer for the east
half of the northwest quarter of sec
ton 16. town 43, range II west Mr.
ToZer is Saltwater -lumberman, and
the land in question, part of a state
school section, is in the lumber district
tributary to the st. Croix, being be-
tween the Tamarack and Crooked
Creek systems. The eighty-acre tract
involved in the cancellation of yester-
day has been burned over, being in the
area covered by the terrible forest fires
Of August and September, 1894, and for
that reason, the demarkation of the
sections has been destroyed to a con-.
siderab bic extent. Mr.. Tozer, at re-
cent land sale. purchased this eighty
acre tract at So an acre, and paid cash
down. Suspicion was aroused by re-
ports which came to the auditors Of
flee, and the certificate was withheld,
while r. F. Mcclellan, a special agent
of the state land department, went
into the country to investigate, running
new lines through the charred woods
Mr.. Mcclellan found that instead of the
land being wild land, as had been sup
posed, it had all improvement on it of
considerable value, a dam, which, ac-
cording to the plats in use at the SALE
Mr.. Dunn says, was on the west half
of the northwest quarter rather than
on the east half. The creek on which
this dam is situated runs close to the
line dividing the quarter section north
and south, and the mistake was one
easy to have been made. While the
dam was appraised at $780,. it original
ly cost 81 500 The creek which is con-
trolled by the dam in question has
tributary to it large areas Of standing
timber, and the owner of the dam
can take toll of every foot of lumber
that is foated down it. This dam
therefore greatly enhanced the value of
the other section, and the auditor can
celed the sale on account of the irregu-
larity in the plats under which the
sale was made.
St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1896-02-05

mediately notified of the supposed at
tempt at suicide. Hurrying to No.
4141a, the officer was alarmed at the
woman's condition, and at once sought
a physician. Drs. Pool and Kean were
soon on the scene, and after literally
administering antidotes, had the pa
tient sent to the city hospital.
After a most careful examination, DR..
Ancker declared the woman to be suf
fering from nothing more serious than
a severe attack of alcoholism. The
woman herself, at the hospital, denied
having taken poison, but admitted
that she had been drinking to some
extent. The Parker woman is a ST.
Paul girl, having been born in this city.
Her maiden name was Pealock. When
sixteen years of age, it is said, she was
married to a st. Paul doctor, with
whom, however, she has not lived for
several years.
St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1896-02-05
MILE Laos IN LINE.
County Immigration Association
to Hold a Convention.

to Hold a Convention.
The Mile Laos County immigration
association will hold a convention at
Princeton, Feb. 7, 1896, to devise means
for furthering the development of the
county. Arrangements have been made
for a reduced railway fare of one and
a third rate on the certificate plan
for this occasion over the Eastern Min
nesota, Great Northern and the st.
Paul & Duluth railways. Speeches
and remarks will be made by the fol-
lowing gentlemen Theodore L. Schur-
meier, president Northwestern Immi-
grafton association; D. r. McGinnis,
secretary Northwestern immigration
association; P. B. Groat. secretary of
the state immigration board; DR.. C.
A. Wesley, district member of the
state board of immigration; e. v.
Smalley; G. w. Horn; Hopewell Clarke;
c. H. Babcock; Moses Folsom; Col. w.
c. Plummer, of. Minot. N. D.; w. A.
Russell; F. 1. Whitney, Judge c. A.
Dickey and L. S. Briggs, of Prince
ton, MINI. There will also be other
prominent gentlemen from st. Paul,
Minneapolis and other portions of the
state.
St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1896-02-05

had been no decision reached in
the matter, and the cOncensus of opin-
ion at last nights meeting was that
the bank should locate now not further
south than Sixth street, further north
than Seventh further west than Wa
basha, nor further east than Robert.
Discussion was free and thorough and
the utmost harmony prevailed, and the
reorganization seemed to meet with gen
eral favor. AS stated before, how
was the changing of the name, the for
NAL accomplishment of the other es-
sentials being left to the board of di-
rectors. This board will have full au-
thority to select the new location, and
transact other business preliminary to
the reorga nization.
St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1896-02-05
Ii IA
Verdict for the Defendant.

The suit of j MsGonnelly to recover
from the St Paul City Railway COM
pany $1,000 damages for the death of
James Connolly was tried yesterday be-
fore Judge Brill and a jury, and a
verdict was returned for the defendant.
Connolly was killed in June by being
run into by car while driving along
West Seventh street The defense was
that deceased turned his team
diagonally across the car tracks as the
car was approaching, and the collision
was therefore unavoidable. The plain
tiff claimed the car was running at the
St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1896-02-05
BANK CHANGES IT'S NAME.
The Commercial to Be known as
the AIIemania.

The new Allemania bank is a GER
tainty after the meeting of stockholders
of the Commercial which was held last
night. OF the $400,000 of capital stock
of the old bank, there was represented
at last nights meeting $2S0,000 or over
two-thirds of the entire amount
There was a long discussion over the
details Of the new deal, the prospective
accession of another bank and the Sc
lection of new site, all of which occu-
pied the stockholders for three hours, in
which the only thing actually decided
upon was the changing of the name Of
the bank. There was, however, a gen.
eral trial of opinion as to future loca-
ton, it being generally conceded that
the bank for several years past has
been out of the business center, and,
in fact, on one side of the business dis
trict. It was reported that the direc-
tors had several sites in view which
they considered as eligible, but there
St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1896-02-05
FIGHTING j. j. HILL.
Polk County Would Revoke the st.
p, NJ. & NJ. Charter

Polk countys commissioners want the
state to forfeit the charter Of the old
ST. Paul, Minneapolis & Manitoba Rail-
way company. They asked the attor-
ney general if quo warranto proceed
ings might not be begun against the
road on the ground that it has prac-
tically ceased to exist, having leased
it's lines to the Great Northern. At
torney General Childs has replied to
the request that he did not see in what
particular the Manitoba company inter
fered with the duties Of the commits
sioners They rejoined that they took
the steps to secure the payment of
taxes on lands in their county held
by the road. Mr.. Childs, however, did
not give them much encouragement,
as the state already has one conflict
with the Hill road, and until that is
settled, he is 10th to take UP another.
St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1896-02-05

Better spend few dollars non and get
health, than see your family suffer for the
want of the money you will miss earning
during long sickness.
SGgooo contains no mineral or other poi
son0us ingredients. 1t is endorsed by the
highest medical authorities Of The day.
Sold by all druggists; Sl00 per bottle; six
bottles for $500. If you wish advice as to
your symptoms, write US, and same will be
given you free by one of our staff of ply
sicians.-Kickapoo Indian Medicine Co., New
Haven, Com
St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1896-02-05
DISTRICT COURT.
Summary of Orders and Decisions
and Cases on Trial.

New Cases
"a. 65S-Jensen Bros. assignment to Charles
f. Menk for the benefit of creditors.
Orders and Decisions
%, 9Is-State Of Minnesota ex rel Henry
W. II. Childs. attorney general VS.. Clarence
b. Bondy ct al, member of the commission
to locate the fourth state hospital for the
insane: order denying motion to dissolve the
temporary injunction for want of jurisdic-
ton Brill Kelly and Otis, ].
6S SS2-City of st. Paul VS.. w. w. Thomas;
order oyerruling demurrer of defendant to
plaintiffs complaint. Willis, j.
6l0I9-Sarah B. and John D. Ramaley vs.
Florence w. and Grace Ramaley husband
ana wife, order modifying the taxation of
costs Kelly. ].
Before the Judges
g. S45-James NJ. Connolly VS.. St Paul City
hallway Company; action to recover So 900
damages for the death of James Connolly;
verdict for defendant. Brill ].
"a 373-Noyes Bros. & Cutler vs. Merrill
Ryder; action to recover $500 for failure to
furnish the quality of goods alleged to have
been purchased; on trial Egan, J.
63,9ol-Eunice l.. Rowland VS.. Agricultural
insurance Company of Washington; contin-
ued.
65s55-Paul Tuckerman ct al. VS.. Salie
5. Hager ct al; submitted. Kerr, J.
Cases Set for Today
Jury Calendar-Nos. Z, 9, 10, H. r. 49, Is.
Court Calendar-NoS. l. 4.
St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1896-02-05
Got or with a Fine.

Bartholomew Hayes. indicted for
assault in the second degree for shoot
ing his step-son, Michael McLain, some
months ago, was yesterday allowed to
plead guilty to a simple assault, and
Judge Willis fined him $25 and gave
him a sound lecturing. The shooting
was the result of a family quarrel,
and since the indictment things have
been patched up so that it would not
be easy to convict Besides Hayes is
an old man who had always previously
borne good reputation.
St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1896-02-05
Concert at First M. e. Church.

concert and literary entertainment will
be given at the First M. E. church Friday
night. Feb. Z. under the auspices of the Young
Mems Parish league. Miss Edith Cline Ford,
the well-known dramatic leader. will con-
tribute a number of choice selections and
Prof. J. Jay Watson. the violinist, will inter-
pref a portion Of the musical programme
which will include a duet for violin and
piano, Miss Louisa H. Chryst being the plan
ist. ]. l.. Adams will sing Victor Herbert's
song. 1.-THE Time VIII Come" Miss Ford's
reading will include the following selections,
Aunt Peggy and High Art 1.-The Silver
smith, % "a Little Feller' 1.-The Election of
'7e. THE Sorrow of Rahab' and "A Noe
turne."
St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1896-02-05
Gone to the Jury.

The suit of Adolph T. Rosen in the
federal court to recover from the Chi
cago-Great Western Railway company
$4,000 damages for the burning of his
tannery at South st. Paul was given
to the jury yesterday afternoon. Judge
Nelson charging the jury about 8
o'clock. and up to the hour of adjourn
ing court no verdict had been agreed
upon, so sealed verdict was ordered
1t took over week to try the case.
St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1896-02-05
DISMISSED THE CASES.
Indictments Against M. ID. Miller
and Charles A. Parker NOlled.

On motion of County Attorney Butler
a nolle prosequa was entered yesterday
in the cases against M. d. Miller and
Charles A. Parker. They had been
indicted by the grand jury on COM
plant of William Hilgers, who lives at
Jordan. Hilgers claimed he had been
induced to pay into the st. Paul In
vestment & Savings society, Of which
these men were officers, some $3.50 for
stock; that the, standing Of the concern
had been misrepresented to him by
these officers, and he had thereby been
defrauded. County Attorney Butler
explained to the court yesterday that
Miller could not possibly be convicted
on the evidence secured and that
Parker was a citizen Of good reputa-
ton who had not been connected with
the society for over two years.
St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1896-02-05
was Japanese Ginseng.

Judge Egan and jury are engaged
nearing the suit of Noyes Bros. & Cut
Ter to recover from Merrill Ryder some
S3OO paid him for ginseng. The COM
plant alleges that the plaintiffs order
ed the ordinary ginseng of commerce.
and supposed that was what had been
delivered to them until their customer
sent 1t back, when they discovered that
1t was japanese ginseng. They had
already paid Mr.. Ryder and he refused
to refund
St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1896-02-05
A ConaJ Cboked lin

Is practically useless. The human organism
is provided with a canal which sometimes be-
comes choked up, namely, the bowels,
through which much of the effete and waste
matter, of the system escapes. When they
are Observation-Disclosures, in other words
Hostetters Stomach Bitters will relieve them
effectually. but without pain, and institute a
regular habit of body. This medicine also
remedies malarials bilious dyspeptic, rheu-
matte nervous and kidney trouble, and
strengthens the entire system.
St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1896-02-05
FAIR LILY,s BURDEN.
1t Was Not CarbOlic Acid but Alco..
cOhOlic Woe.

Lily Parker, twenty-six years old,
created a sensation in house on Jack
son street about 10 o'clock last even
ing by informing the people in the
house that she had taken a generous
dose of carbolic acid.
In view of the fact that the woman
was grooming and evidently suffering
a great deal of pain. her statement
was relied upon, and Officer Perro i'm
St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1896-02-05
Patent Alarm Clock.

The suit Of Lawrence Gerrety and
Henry Knapp against Max Leibecke
is on trial before Judge Nelson in the
United States circuit court. 1t is an
action to restrain from infringement
on a patent alarm clock.
St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1896-02-05

Duluth. but is at present said to be in
the employ of a prominent wholesale
house here. His father, Charles D.
Knapp, is a wealthy Eastern man. A
number of the relatives Of Judson As
pinwall, the ex-husband, live here In