davidaulloa/AmericanStories huggingface dataset:
The Saint Paul globe., 1897-07-10
PAY IT'S PROPORTION.
Where an InsoIvcnt Is Assessed on
Statutory Liability.

Statutory Liability.
Judge Brill decided an interesting
point yesterday that arose in connec-
ton with the failure of the ST. Paul
Auditorium company. Allan Black, a
creditor of the inSolvent company, in
an action to enforce the liability of the
stockholders, named as parties de-
fendant, A. H. Lindeke, Frank A. Sey-
mour, and p. S. Macgowan as receiV-
ers of the Walter A. Wood Harvester
company. The defendant receivers de-
INJURED to the complaint on the ground
that they were improperly named rs
defendants. Judge Brill overruled the
demurrer and in giving his reasons
therefore, said:
The question raised by the demurrer is
whether the receivers of the harvester COM
pany an insolvent corporation, alleged In
the complaint to have been stockho'der in
the. st. Paul Auditorium company, are proper
parties to this action, which is brought to
enforce the statutory liability Of The stock
holders of the said auditorium company. The
liability of the harvester company as a
stockholder in the au1itc 1upl company can
not be litigated in The insl! ,e1:y proceed
ings of the harvester company by the presen-
tation of the claim to the receivers in the
way that ordinary claims against The harvcs-
ter company are litigated If the harves' er
company was stockholder of The auditorium
company at or before the time of the ap-
polntment Of the receivers, and The other facts
are sufficient, the creditors of the auditorium
company have right to participate III the
assets of the harvester company in the
hands of the receivers, md thare seems to he
no other way to settle the question upon
which this right depends, etcept hy making
the receivers parties to- this action. Of
course it does not follow that judgment
against the receivers would compel them to
pay the liability cf he harvester company in
full.
The judgment sh )ul1 direct them to ray
such proportion of the amount adjudged
against the. harvester company as they ray
to other creditors.
The Saint Paul globe., 1897-07-10
FORM OF THE ORDER.
Judge Lochren Hears Attorneys on
DuIuth & Iron Range Case.

Judge Lochren, in the United States
circuit court, listened to arguments
Yesterday as to the form of the re-
straining order granted by his honor
some two weeks ago, enjoining the
state of Minnesota from taking GER
tain steps to forfeit it's land grant 70
the Duluth & Iron Range Railroad
company The state officials were di-
rected by an act of the legislature
passed last winter to forfeit the land
grant, but Judge Lochren has declared
the act void as impairing the obliga-
ton of contracts and interfering with
vested rights.
Judge Lochren in rendering his de.
cision said at the time that he would
give the state leave to bring one suit
against the Duluth & Iron Range Rail
road company, and Walter F. Cobb,
the trustee of the roads bondholders
to determine the validity Of the grant,
but that the court would not permit a
multiplicity Of actions to be brought
against individuals, the grantees Of the
land involved.
Frank B. Kellogg in behalf Of Walter
F. Cobb, the bondholder's trustee.
argued in support of a restraining
order that would prohibit the state
from bringing any action. Attorney
The Saint Paul globe., 1897-07-10
FEES AND EXPENSES.
Mrs. Sadie IA. Warner Allowed
Money for Her Divorce Suit.

Judge Kelly filed an order yesterday
allowing Mrs. Sadie K. Warner tenn
porary alimony and counsel fees and
expenses in defending the action for
divorce brought against her by Lucien
Warner, and in prosecuting her cross
bill of complaint. The defendant also
asked for the care and custody of the
child, Lucia Clayton Warner. but
Judge Kelly denies her application and
awards the care and custody of the
daughter to the plaintiff, Lucien War
ner.
The court orders that the sum of
$l15 be allowed as part payment of de-
defendants counsel fees and expenses
and the plaintiff is directed to pay such
sum to the defendants attorney forth
with. 1t is further ordered that the
plaintiff pay defendant as temporary
alimony for her support the sum Of
$l5 per month, the first payment to be
made forthwith and the remaining
payments to be made on the first day
of each and every month hereafter.
provided however, that if the defendant
lncurs any reasonable expenses for
medicine or medical attendance during
the pendency of the action, the same
snail be paid by the plaintiff.
The Saint Paul globe., 1897-07-10
JUDGE ORR HESITATED.
Although StrapHinG Big Man
Whipped n Little One.


I. Street Commissioner Marquardt was
before Judge Orr yesterday. charged
with assault and battery on Joseph
Green, of 41S Blair street. Marquardt
as street commissioner of the Eighth
and Ninth wards, has the hiring of
men and teams to work on the, streets
According to Green it is pretty hard
Tor any one not Particularly F'pally''
with the commissioner Ito get a,ijob
Green, who worked for.ther city last
April, had a stall1Lwith Ed>BaziIle, who
said he would. see Marquardt about
giving Green a job. On the morning
OF June 29, Green applied to Marquardt
for job and informed the commission
er that he was the party Bazille had
spoken about. The commissioner gave
Green. the icy eye, so to speak. and
Green hustled off and saw Aid. Kaldun-
ski, who indited letter. which Green
carried to Marquardt. Green delivered
the letter to Marquardt in the city
engineers office, and the commissioner
took occasion to tell Green that he
would not be bluffed into hiring him
by any letters from aldermen. There
were some words, and the result was
that Green received three punches in
the head. The evidence yesterday was
rather conflicting, in that Marquradt
said Green had called him a liar. while
Green insisted that it was the other
way around. Marquardt, who is six
feet tall and weighs over 200 pounds,
admitted that he had struck Green
three times, but only on the SUPPOSE
ton that Green intended to assault
him. Green, who is a very small man.
denied that he had any such intention
and testified that Marquardt followed
him and struck him three times, while
ne made no attack on the street CONF
missioner. Judge Orr after hearing the
testimony, concluded he would have
to take time to weigh the evidence and
announced that he would have his de-
cision prepared. this morning.
The Saint Paul globe., 1897-07-10
TO CONSIDER yURIsDICTIoN.
district Court JudgesI and the Hull
CaSe.


Case.
Judges Kelly, Otis and Bum sat in
couIt room No. yesterday forenoon to
CoiiStuGr - the application of Rev. James
y. Hull Tor the setting aside of the SEN
tence or the district court, whereby he
ts now connned in the state prison at
otliiWaler. C. d. OBrien represented
IluH ana Assistant County Attorney
A0llman appeared for the state
i1ull uecIares that the proceedings IN
eiie case were irregular not only in
respect to>the sentence pronounced by
Judge Egan, who omitted the words
at nara labor" but by reason of the
actlon OF his attorney, S. L. Pierce,
VINO, ne alleges, induced him to with
draw MS plea of not guilty and to
enter plea of guilty, the consequences
prehend.
When the matter came on for a
nearing yesterday, Assistant County
Attorney Zollman moved to dismiss the
| dppllcdtlon on the ground that the dis
trlct court mad no Jurisdiction to en-
tertaln 1T. The court could not, Mr..
Aoilfnan argued, modify, amend or set
aSlue the sentence, as the term at
Whlch Hull had been sentenced had
passed and the judgment of the court
hau gone into effect, Huh having been
ccnllnltted to the state prison. Mr.
Aollfnan also contended that Hull could
| nol pe sentenced t a term other than
That at which he had been tried.
AS 10 the merits of the question aris-
ing out OF the omission from the SEN
tence OF the words "at hard labor"
MI. Zotlman maintained that the omis-
slol was not fatal as the law expressly
| PROVIDES that all prisoners committed
10 the state prison must be employed
! at hard labor
IN reply to Mr.. Zollman's contention
that the court had no jurisdiction by
reason OF the term at which Hull was
| sentenced, having expired; Mr. O'Rrien
ueclared that under the special law
| regulating the district court of Ramsey
county, It's terms lasted nine months,
| ana therefore the term had not expired
Mr.. u OBrlen also called attention to the
statute empowering the district court
10 open. correct, modify or set aside
| any Judgment of its own, within one
year after the entry of the same under
| certain conditions. SMr OBrien was
aware that the state would contend
| that the statute cited thy him applied
10 judgments entered in civil proceed
lngs only but in Mr. O'Brien's opinion,
| the law was designed to apply to
criminal as we'll as civil cases.
IN the course of his argument Mr.
| y Brlen characterized r;the conduct of
the Hull trial. andsespecially the clos
ing proceedings, as an outrage upon
! the administration Fof Justice in Ram
| sey county
AT the conclusion of the argument,
| the judges announced that they would
consider the question 1of jurisdiction,
ana II they decided that the court DOS
sessed jurisdiction.s they would listen
to arguments on the merits Of the ap-
plica ton.
The Saint Paul globe., 1897-07-10
SAYS SHE'S FROM DULUTH.
Woman Giving Name of Margaret
Stafford Sent to HOSPITAL

Shortly before o'clock last evening
Patrolman Carey noticed an elderly
woman acting rather queerly in the
vicinity of ST. Peter and Exchange
streets. She was apparently i'll and
did not appear to know what she was
doing or where she wanted to 60 She
was taken to the central station, and
DR.. Leavitt being called, was ordered
to the city hospital. She gave her name
as Margaret Stafford, and said she
was seventy years of age and lived in
Duluth, where she had two married
daughters. Her condition was such
that she was unable to give thS ir rames
or addresses. 1t was supposed by the
physicians that she was suffering from
prOstration caused by the heat and her
extreme age. Arriving at the hospital,
she was attended and reported as not
seriously i'll. She says she came to
st. Paul four days ago, but doesn' t
remember much about it.
The Saint Paul globe., 1897-07-10
WILL FEED AT LARIMORE.
Save Re1oading Range Cattle Nor,
Than Once.

Word has been received at the gen
eral offices Of the company that the
people of Crookston are much disap-
pointed at the change recently made
by the Great Northern people in the
matter of bringing Montana stock to
CrookstOn for feeding. When the
change from Crookston was made, the
subject was taken up with the result
that the Great Northern people ex-
planned that while they would be glad
to leave the stockyards at Crookstop,
they will find it necessary in the future
to go to Larinore, which, owing to its
geographical position, is hereafter to
be the main feeding point for all range
cattle The statement is further made
that by centering the interests there
stock may be shipped from the range
to Chicago with but one unloading in
transit, instead of feeding at Minot and
Crookston as has been the custom.
Notwithstanding, the Crookston peo-
pie are disappointed.
The Saint Paul globe., 1897-07-10
GETCHELL WASN'T READY.
Has Had Two Weeks to Bolster Up
His Case. .....

The case against William Weimar,
Paul Schultz, Mesdames Anna and
Maria and Miss Maria Schultz, charged
with disorderly conduct, was continued
in the police court yesterday at the
request of Capt. Getchell. Weimar at
beaten by Sergeant Ryan and Patrol
man Malmquist, of the Ducas street
station. The defendants were ready for
trial, but the officers stated there was
an important witness for the prosecu-
ton who was out of the city. On this
showing, Judge Orr continued the hear
ing to next Friday afternoon at 2
The Saint Paul globe., 1897-07-10
Note the Offers by the Burlington
Route.

HOuIes
If you are going to take a vacation
or make visit this summer, look over
the excursion rates below, made by the
Burlington. If you wish to travel on
the finest train ever seen by the peo-
pie Of the Twin Cities, secure tickets
via Burlington route.
National Conference Of Charities and
Corrections, at Toronto Ont, July
z, to IS round trip rate. $31.90
German Christian EndeaVor Society of
the United States, at st. Louis, Mo-,
July q to 25, round trip rate (direct
or via Chicago ................ S21.35
National Young Peoples Christian
Union, at Detroit, Mich, July 70
Is, round trip rate. $1S.75
Republican League of the United
States, at Detroit, Mich. July 13 20
10, round trip rate. $18.15
Photographers Association of AmerI-
ca, at Lake Chautauqua, N. Y, July
u to II; round trip rate. $3.50
International Convention Epworth
League, Toronto, Ont, July Is to is;
round trip rate NEUTRALITY-SUSPICIOUS.. $23. 80
Baptist Young Peoples Union, a,
Chattanooga, Tenn, July Is to IS;
round trip rate ................ $3.50
The Minnesota delegation to this
selected the Burlington as their route,
and will leave on Monday evening,
July u, under the leadership Of e.
M. Hulett, who can be addressed at
2521 Ninth avenue south, Minneapolis
by those who wish to go with this
party. -
For information as to dates these
tickets will be on sale, limits for re-
turn trip and sleeping car accommoda-
tions, call on agents, 400 Robert street
st. Paul; 306 Nicollet avenue, Mime
Gpolis, or address George P. Lyman,
general passenger agent, St. Paul,
MINI.
The Saint Paul globe., 1897-07-10
MRS. MASOIN's FEES.
Allowed Compensation for the Time
Spent in Jail.

Judge Lewis signed an order yester-
day authorizing the payment to Mary
during the time of her Imprisonment
in the county Jail as a witness in the
case of the State of Minnesota against
John Mason: Mrs Mason is the moth.
er of John Mason, who was indicted
and tried on the charge of assaultine
and beating her. Mrs. Mason refused
to testify against her son, and he was
acquitted by the jury. In the mean
time Mrs Mason was detained in iail
for twenty-seven days. She demanded
her witness fees for that length of
time. which the county attorney de-
cilned to order the payment of be.
cause Mrs. Mason refused to testify In
behalf of the state. 49,
The Saint Paul globe., 1897-07-10

General Childs. w. P. Warner and
Judge Belden were heard on the other
side. The court decided that the de-
cree should take the form indicated,
winch Will permit the state to bring a
single action to determine the validity
or the grant. The decree will be
Drawn, signed and filed ion Monday.
The Saint Paul globe., 1897-07-10
Sent Out for Three Months.

John Anderson, living at 595 York street
was sent to the workhouse yesterday fo
three months. Anderson makes a practice o
indulging in plenty of strong drink. Thursda!
night, on arriving home, he had some words
with his Wife and knocked her down. Mrs
Anderson went out to look for a policeman
and while she was absent Anderson piled III
a lot of clothing in the CRATE and attempted
to burn up the effects. The police came ii
time to prevent much damage being done.
The Saint Paul globe., 1897-07-10
HELD TO THE GRAND .JURy
Alleged AssafIants of w, j. Rooth
Bound Over

The preliminary examination of
frank Stephanfe and James Lynch
charged with holding up and robbing
Wllnam j. Booth of 81 in cash on Rice
street, resulted in both defenda MS
being held to await the action of the
grand jury. August Pruden, who, it is
claimed, was the leader Of the party,
escaped from the bull pen' in the
court room several days ago and con-
sequently was not present at the hear
ing. The court fixed the bail for each
OF the prisoners at $1,000, and in de-
fault they were committed to Jail.
The Saint Paul globe., 1897-07-10
To Cool Lake Superior
Rv the Omaha Road

Only 50 to Superior and Duluth.
Tickets on sale July 8 to II.
AT 413 Nicollet av., Minneapolis.
395 Robert street, st. Paul.
And union depots, both cities.
The Saint Paul globe., 1897-07-10
JAIL HAD NO TERRORs.
City Would Have Family on Its
Hands.

Joseph Chytracek, a resident of the
upper fiat, was arraigned in the police
court yesterday afternoon, charged
with stealing logs from the river. The
arrest was made by William F. Colby,
as special officer for the Mississippi q
Rum River Boom company. The pris-
oner when arraigned before Judge Orr,
said he was not particular as to wheth-
er he was sent to Jail or not. In case
he was, the city, he said, would have
to take care of his wife and children,
something he had been unable for some
time to do. The special officer stated
that the prisoner had taken logs from
the river and was cutting them up
when arrested. The case was CONT. ued
TO Monday. and Chytracek released on
his own recogniZanCe.
The Saint Paul globe., 1897-07-10

81 TO DULUTH AND WEST SUPE-
RIOR-S2

From July to July II, inclusive, the
st. Paul & Duluth R. r. Duluth
Short Line) will sell tickets to Duluth
and West Superior for 81. This rate for
the Elks and the public: The Zenith
City bids you welcome. Three (S) East
trains daily. No extra charges on
limited trains. Offices 1896 Robert street
and Union depot.
The Saint Paul globe., 1897-07-10
RESORTS.

Recreation and Health. The New
Hotel and Sanitarium, Mt Clemens
Michigan. A4aodel of elegance and comfort
Luxurions appointments. Elevator service
Fire proof. Cuisine the finest Grounds for
outdoor sports. Famous st. Clair fishing grounds
easy of access The renowned Mt. Clemens
mineral baths given under same roof A truly
desirable place to spend summer vacation, or
for those desiring efficient medical aid.
Illustrated pamphlet mailed upon applica-
ton. Mt Clemens Sanitarium Co., Ltd.
The Saint Paul globe., 1897-07-10

Georgia watermelons, each. .2Oc
Fancy ripe peaches, per basket. Csc
Minnesota gooseberries, per qt.... &c
Blueberries, per quart. Sc
Strawberries, blackberries, black
raspberries, red raspberries, red and
white currants, gooseberries, b1ueber-
ries, California peaches, apricots.
tragedy prunes, plums, bananas, pine
apples, pears, cherries, tomatoes, LEM
Ons and oranges.
Fancy lemons, per dozen. .f5c
Acme tomatoes, per basket. 35c
Strawberry sphate-our own
delicious and healthful summer
drink-per bottle enough for
100 glasses) .2Oc
Fine Japan tea, per pound. ......25c
Potatoes, per bushe1. ..23c
Palmer House Java and Mocha
coffee, per pound. .2oc
Eight bars Schoch's best soap. .25c
Four pounds French orunes. .2sc
The Saint Paul globe., 1897-07-10
Low RATES FOR ALL.
South via Pennsy1vanin short Lin,

" s!A'"hiI SNORT LINES
The low rate Home Seekers eXcur-
sion tickets to the South on sale via
Pennsylvania Lines may be purchased
by the public generally. This means
you. Write H. r. Dering, Assistant
General Passenger Agent, 24S South
Clark ST., Chicago, for details.
The Saint Paul globe., 1897-07-10

And the Great Mormon City is a pleas
ant summer trip. You can go almost
as cheap as you can stay at home, az
the Chicago Great Western CMaple
Leaf Route will sell on July 8, 9, 16
and II round-trip tickets at the rate Of
$3.50, good for thirty days. Call on
c. e. Robb, G. P. and T. A., for de-
tailed information.
The Saint Paul globe., 1897-07-10
CC1|||()CC||||

Watch Our daily lists. They
save you money, not once or
twice a week, but every day.
Store open today Saturday
till 1880 p. m.
Some of the good things:
The Saint Paul globe., 1897-07-10
LOUIS ESCHAU RELEASED
Philip C. Justus and George Decker
His ROndsmen

Louis Zschau secured his liberty
yesterday afternoon. He offered as
sureties on the $4,000 bond required. his
brother, William F. Zschau, P. C. Jus
tus, of the board of public works, and
George Decker Messrs. Zschau and
Justus each qualified in the sum of
$4,000, and Mr.. Decker in the sum of
$1,500 Judge Lewis accepted the
bondsmen, and Louis Zschau was re-
leased from custody.
The Saint Paul globe., 1897-07-10

liant ad. Ia last Sundays Globe brought
Is Gns1corS. That's 'cty so nadny people
1tse them.
The Saint Paul globe., 1897-07-10
EXCLUSION RATES.

4 penny a trord is all it costs for a 'rant
al. in the sunday Globe. 1t tciIl do the ,cOrk.
The Saint Paul globe., 1897-07-10

IfyoH tUant to bay or sell q bicycle read the
sCant ads. in the Sunday Globe.
The Saint Paul globe., 1897-07-10

Commercial Bank of st. Paul. respondent
VS.. Azotine Manufacturing Company ct al,
defendants; James G. Donnely, appellant; {;
Anchor Investment Company ct al, re-
spondents.
Held, that, by virtue of the decision OF
this court, 60 N. W., 217, made on former
appeal herein, which was from an order de-
nying appellants motion for a new trial. ne
had the right on the case being remanded
to move the trial court for a further finding
of fact as to a question for further consid-
Grafton, but having omitted to do so, he
cannot on this appeal from the judgment,
raise the question that the finding on the
particular question as originally made is not
sustained by the evidence, nor that 1t was
such as to require the trial court to find GER
tain additional facts. Judgment affirmed.
q T.
The Saint Paul globe., 1897-07-10

Minneapolis, appellant; Mary E. L'Herault,
respondent, VS.. Philip w. Herzog, appel
liant.
l. Held, in an action brought against the
municipality in which the accident occurred,
and the owner of abutting property, to recover
for injuries received in falling into coal
hole in the sidewalk, that there was evidence
sufficient to support a verdict in plaintiffs
favor on the question of defendants negn-
gence.
2. Certain assignments of error considered
and disposed of. Order affirmed
The Saint Paul globe., 1897-07-10
Frederick Hughley appellant VS.. City Of Wa
baSha, RESPONDENT
John Lundberg, appellant, VS..

John Lundberg, appellant, VS.. A. D. David
son, assignee, ETC., respondent.
A set-Gf of one judgment against another
is not demandabe of right, but is discre-
tionary with the court, and will be denied
when the court, in the exercise of it's dis
erection, can see that an injustice will be
done by granting it.
This rue is not changed by G. S. 1894
section 6194, which provides that an attor-
ney's lien on Judgment shall be subordinate
to the rights existing between the parties to
the action. Motion denied. Mitchell j.
The Saint Paul globe., 1897-07-10
MARRIAGES, BIRTHS, DEATHS.
MARRIAGE LICENSES

! I honas ~ Zilkowsh ........... Maggie Hudalla
Louis Miller ............. Frances Leydausky
The Saint Paul globe., 1897-07-10
In re assignment Of Isaas E. Burt, Isaac 2.
Burt, respondent, VS.. Henry w. Fishel, ct

al, appellants.
Evidence considered and held that it sus-
tains the findings of fact and conclusions of
law of the trial court to the effect that the
respondent did not, within ninety days next
before his assignment for the benefit of his
creditors. give or permit any preferences con-
trary to the provisions of the insolvency
law. Order afirNed. Start c. J.
Mary e. L'Herault, respondent, VS., City of
The Saint Paul globe., 1897-07-10
Marcus Maurin ct al, appellants, vs. D. E

Marcus Maurin ct al, appellants, VS.. D. E.
Lyon, executor of the estate of George
Tileston, deceased, ETC., respondent.
Where a written contract contains char
acters abbreviations, or apparently ambig-
uous terms, parol evidence is admissible to
show that they have a recognized and gen
orally understood meaning in the trade or
business to which the subject of the contract
relates. Such evidence does not vary or add
to the writing, but merely translates 1t from
the language of the trade into the language
of people generally.
A memorandum of a contract for the sale
of goods held to comply with the require
ments of the statute of frauds.
Held that there was no evidence to justify
a finding that certain transaction made by
one PARTNER in the name of the firm was
within the scope of the partnership busi-
ness. Order reversed. Mitchell, j.