davidaulloa/AmericanStories huggingface dataset:
The record-union., 1897-06-23
IS. F., No. 315-Department One-FiIed
June II, 1872

IS. F., No. 315-Department One-FiIed
June II, 1872
Estate of Wimerding, deceased Col
lateral inheritance tax Affirmed
The right of inheritance, including
the designation of heirs and the pro-
portions which the several heirs shall
receive, as web as the right Of testa-
mentary disposition, are entirely mat
ters of statutory enactment, and within
the control of the Legislature AS it
is only by virtue of the statute that
the heir is entitled to receive any of
his ancestors estate. or that the an
cestor can divert his estate from the
heir, the same authority which con-
fers this privilege may attach to it the
condition that portion of the estate
so received shall be contributed to the
State, and the portion thus to be con-
tributed is peculiarly within the leg
islative discretion
Section 1886, c. c., does not purport
to be legislation for the heirs of an
intestate, or to make a classification
of the heirs with reference to any leg
islative object. The subject matter to
which the legislation is directed by this
section, and for which the section was
enacted, is the estate of q person dying
intestate, and the designa ton of the
persons who shall succeed thereto, I'M
der the various conditions liable to ex-
ist at his death. The fact that the chill
dren of a deceased mother or sister, are,
in one of these conditions, placed in the
same subdivision with the surviving
brothers and sisters Is due to the form
in which the section is arranged and is
merely Incidental to its purpose.
When the Legislature determined to
impose tax upon the right of inher-
itance it was not limited to the imposi-
The record-union., 1897-06-23
A Japanese Statesman iii.

WASHINGTON, June 22.-Informa-
ton has reached the Japanese Legation
here of the illness of Mr.. Matsui, the
distinguished Japanese statesman, who
has occupied the position of Minister of
Foreign Affairs, and who also at one
time was the Minister of Japan to the
United States. His illness is believed
to be serious, as orders have been re-
ceived by his son, the Secretary of the
Legation in this country, to come
The record-union., 1897-06-23
O.. A, No 226-Department One-File
June IL 1879


June II, 1879
Estate of Mary Kaufman, deceased.
Lizzie King, respondent; j. E. Bor-
chard, appellant. Will contest. Re
verSed.
The undue influence which will upset
a will must be such as operates upon
the mind of the testator at the time of
making the will, and must be an infiu-
ence relating to the will itself.
If the person has testamentary ca
pacity his will cannot be avoided on
the ground that it is unjust or capri
cious. The right of absolute dominion
over his property is sacred and invio-
liable, and whatever may be his mo-
tives, or however great and unfounded
his dislikes or his resentments against
those who might be thought worthy of
his bounty, his will in the disposition of
his property is paramount.
When the validity of a will is con-
tested on the ground of undue inffu-
ence in its execution the court cannot
be too careful in excluding from the
consideration of the jury evidence that
is incompetent or irrelevant to estab-
lish the charge. The very nature of
the issue, as we'll as the lack of expe-
rience and of mental training on the
part of the jurors in reference thereto.
render them less able than the court to
weigh the sufficiency of any evidence
that may be offered upon this issue.
The fact that the evidence has been
permitted by the court to come before
them justly authorizes them to con-
slider that it is both relevant and COM
petent for that purpose; and the evil
dence so received will, unconsciously it
may be, produce an impression upon
their minds which will not be effaced
by subsequent instructions.
The record-union., 1897-06-23

urge new ones not presented in the first
instance to the trial Judge
In actions to recover money it is per-
missible to introduce evidence of the
nature of the transaction between the
parties under the general issue.
(Sac., No. 191-Departmen Two-Filed
June H. 1879
J. M. Wells, appellant; Emil Kreyen-
hagen ct al, respondents.
Until a settled statement on motion
for a new trial is filed it is no part of
the record and cannot properly be con-
sidered by the court in ruling upon the
motion, and the motion, if submitted
without such filing, is properly denied.
An appeal from a judgment will not
lie until the judgment has been en-
tered.
The record-union., 1897-06-23
(Sac., No. 241-Department One-Filet
June II. 1870

(SdC., NO. Z4I-DeparInlefL OHe-f lieu
June II, 1879
A. A. Prescott, respondent; D. P. Ed
wards. appellant. Right of way. At
firmed.
Where an offer of dedication to the
public has been made, and many years
have interviewed since the offer was
made, and it has not been accepted by
the public, either expressly, impliedly
or presumptively. then the owner has
an undOubted right to revoke the offer.
There is no such thing as a dedica-
tion between the owner and individuals
The public must be a party to every
dedication.
If the dedication has not been accept
ed, or the property used by the public,
it is purely a question of estoppel in
pals. If no one has acted upon the Of
fer in such mode that they would
be injured by the revocation, the own
er may revoke the dedication, even
though it be an actual dedication and
not mere offer
The record-union., 1897-06-23

(Sac., No. 172-Department Two-Filed
June II, 1870
J. NJ. Frace, appellant; ]. S. Brown,
respondent. Promissory note. Affirmed.
1t is the province of the trial court to
decide questions of fact, and of the ap-
pellate court to decide questions of law,
and the appellate court can righfuuy
set aside a finding for want of evil
dence only where there is no evidence
to support it or where the supporting
evidence is so slight as to show abuse
of discretion.
The record-union., 1897-06-23
Is. F., No. 619-Departmen Two-File


(S. F., No. 619-Department Two-Filed
June 16, 1879
George Summerton, respondent; f.
H. Hanson and c.. G. Athearn, appel
lants Contract. Affirmed.
A bond given by a contractor to the
owner of a building, the contract price
of which exceeds 81 900. guaranteeing
the performance of all the conditions
of the contract. and that the building
to be constructed by the contractor
shall be delivered to the owner free
from all liens for labor done and ma
terials furnished by the contractor, is
valid and binding upon the sureties, al
though the contract itself is void be-
cause of failure to file the plans and
specifications with the County Re-
corder.
The record-union., 1897-06-23
She Wanted to Know.

Chollie-You couldn't see a thing in
the street, yesterday, could you?
Dollie-Why, did l pass you without
speaking ?-Y onkers Statesman.
The record-union., 1897-06-23

Is. F., No. 575-Department Two-Filed
June 16, 1879
Charles Frank, appellant; J. G. Ben
ME, administrator, etc, respondent. Re-
covery of moneys deposited with de-
ceased. Affirmed.
An appellant is not allowed to en-
large his grounds of objections and
The record-union., 1897-06-23

The largest stationary engine in the
world is at the zinc mines at Frieden-
Vile, Pa The number of gallons OF
water raised every minute is 300.
The driving wheels are thirty-five feet
in diameter and weigh forty tons each
The cylinder is 10 inches in diameter
The record-union., 1897-06-23

Green won, Laudeman second, Ham
burg third Time-1:0912.
Suburban, mile and a quarter, Ben
Brush( Simms), to l and to 4, won:
The Winner (Sfoan), to and even.
second; Havoc (Havoc Oewis), Z to
l, third. Time-2:07 1-5. Belmar,
Lake Shore, Sir Walter, Volley, Sem
per Ego and Dutch Skater also ran.
Five furlongs, Archduke won, Olney
second, Wasteful third. Time: :03 %.
Mile and a half, hurdles, Flushing
won, Forget second, Tuxedo third. Time
-2:50 %.
AT ST. LOUIS.
ST. LOUIS. June 22.-Results: Six
furlongs, selling, Our Bishop won, Elsie
D. second, Botanic third. Time-1:lS.
Four and a half furlongs, School Girl
won, Allie &. second, Sister Josephine
third. Time-0:59A.
Six furlongs, selling, Sweet William
won, Lady Britannia second, Miss
Bramble third. Time-1:1S12.
Mile and twenty yards, selling, Bena-
mela won, Gold Top second, Infiam-
mator third. Time-1: :4S4.
Six furlongs, selling, May Gallop Won,
Gold Corn second, Loyaletta third.
Time-1:1S1a
Four and a half furlongs, Leib Rose
won, Eva Rice second, Afra third.
Time-0:5S34.
AT KANSAS CITY.
KANSAS CITY, June 22.-Track fair.
Results: Five furlongs. selling, Pat
Gore won, Never Mind second, Bill
Powell third Time-1:05.
,,oila xr-o,, Ia
second, Speaks third. Time-0:53.
Six furlongs, selling, Melody won,
Fairy Queen second, Daziamoor third.
Time-1:13.
Five furlongs, selling, Thurman won,
Albertine second, DR.. Crumbine third.
Time-1 :0415.
Six and a half furlongs, Hyman won,
Wild Tartar second, Artless third.
Time-1:2512
AT BUFFALO,
BUFFALO On. W, June 22.-Six fur
longs. Friendship won, Bob Leach sec
ond, Jolly Son third. Time-1:15.
One mile, Kenosha won, Miss Lillian
second, Collateral third Time-1 :42114
One and an eighth miles. Sue Kitty
won, Souff1e second, Basso third. Time
-1:5534.
Six furlongs, Lady Juliet won, South
Africa second, Atlantus third. Time
1:1534
Short course, about two miles, steep
lechase, Glasgow won, Prince Charlie
second Do Do third. Time-3:3412.
AT INGALLS, PARK.
CHICAGO, June 22.-Results at In
gals Park: Six and half furlongs,
Warren Point won, Uncas second, Gra-
Gle c. third. Time-1 :21;4.
Five furlongs, Hardly won, Virgie o.
second Trickster third. Time-1: :03A.
Five furlongs, Irene Woods won, Ella
Penzance second, Glenmoyne third.
Time-1:01@.
Mile and a sixteenth, DR.. Sheppard
won, Evanatus second, Babe Murphy
third Time: 1872
Six and a half furlongs, FOnchway
won, Southworth second, Lottie third.
Time :22$4
Five furlongs. Glenoid won. Demierep
second, Hollywood third. Time-1:0 :03.
The record-union., 1897-06-23
(Sac., No. 1S6-Department One-File'
T1rva II 1907

tSac., No. lS6-Department One-Filed
June II, 1879
A. Spaulding, administrator, respon-
dent; Mammoth Springs Mining Com
pany, defendant; j. D. Reilly, defend
ant and appellant. Mechanics lien.
Modified
The Act Of March 81, 1897 Statutes
1891, p. 1850, does not apply to all cor
porations, but only to those
which, While doing business in this
State, employ laborers and mechanics
by the week or month, whose wages,
under the terms of their employment.
are payable weekly or monthly. 1t
does not purport to impose upon those
corporations any duty or liability to-
wards all the mechanics or laborers
whom they may employ, or to create
a right in favor of those of it's en-
ployes whose wages are not earned or
payable by the week or by the month.
Where the remedy sought to be en-
forced exist only by virtue of the stat
ute, it is incumbent upon a plaintiff to
bring himself within the terms of the
statute and to show that the wages
earned by him were due weekly or
monthly.
The record-union., 1897-06-23

Sergeant of Police J. J. Plunkett and
Officer John Fitzgerald are home from
their trip to Victoria. B. c. They re-
port having had a pleasant outing.
The record-union., 1897-06-23
MCCARTNEY ACQUITTED.
The Recalcitrant Witness Will Not
Have to Serve Time in Jail.

WASHINGTON, June %. = Judge
Bradley to-day sustained the motion of
The record-union., 1897-06-23
SUPREME COURT DECISIONS.

Is. F., No. 2332-Department One-Filed
June 10, 1919
w. H. White, executor, respondent
John K. Warren, appellant. Recovery
of money loaned by deceased. Affirm
ed.
The relations of husband and wife
are confidential, and all transactions
between them respecting property are
subject to the same rules that control
a trustee and cestui que trust.
transactions between a trustee and
his beneficiary are presumed to be
without consideration in cases where a
consideration is required to support
the contract and under undue influence
by the trustee who gains an advantage
The record-union., 1897-06-23
DWYER'S BEN BRUSH
Wins THE SUBURBAN.
The Son Of BrambIe Goes the Distance in
The Fast Time Of 2.07 10.
Twenty Thousand People Witness the
Event.

Jockey Simms Given Great Recep-
ton When He Landed His rlount
First Under the Wire-The Day
Perfect and the Track Fast-EventS
on Other Courses.
The record-union., 1897-06-23
Cotton
Wash Goods.

All are reduced. Buyers have
it pretty much their own way
this season. In beauty and quail
ity the goods surpass anything
before produced. These exquis-
ite Dimities, OpenwOrk Lawns,
Organdies, etc, with their deli
cate printed designs and color
ings. All worth 25c and up, but
priced down below the healthy
price point, and now is your time
TO buy you new light dress for
the 4th of July.
The record-union., 1897-06-23
SPECIAL SALE
TO-DAY
IN ART DEPARTMENT,

IN ART DEPARTMENT,
Dainty and useful ar
tiCles for home deCOra=
} tions, with which you
may adOrn to a degree
of usefulness and conn
fort, with a Very small
expenditure.
The record-union., 1897-06-23
THE NoNPAREIL
&6@yhmkgZ"
Sofa Cushions.

Denim Covered Sofa Cushions,
with down filling. Size 22x22,
Sale Price, ST. 3S.
One lot of Fancy Sofa Cushions,
cretonne covered, with ruffie all
around and with down filling.
Sale Price, soc.
The record-union., 1897-06-23
Lace Tides.

Ecru Openwork Tides, hand
some embroidered patterns,
Irish point effect on bobbinette.
These are in three convenient
sizes. Sale Price,
SC, lOC, 15c each.
Morris tribune., 1897-03-17
A BIizzardous Taste,

Talk about your billiards., your
landslides and your blockades! We
had taste of something of the kind
last week. Last Thursday morning
early it commenced to snow, and by
the time people got aroused from
their slumbers there was nearly foot
of snow on the ground Tor on the
snow, ana it kept it up nearly all day
In the evening it began to drift and
the consequences was that it blocked
everything in sight. No trains
Thursday night and all day Friday.
Two trains were blocked between
here and Hancock and one between
Hancock and Clontarf. The streets
were impossible, being blocked by
drifts half as high as the buildings.
The blockade was finally raised on
the Great Northern Friday night and
all is serene once more. The Browns
Valley line will wait for Old Soils
rotary. The Northern Pacific did not
get opened till this week. Hicks
says we will have another tremend-
Gus storm from the 21st to the 25th,
and warns the people living in warm
climate to look out for cyclones.
Morris tribune., 1897-03-17

The regular March term of court
convened last Monday with Judge
German Powers of WiIlmar on the
bench. Judge Brown having chang
ed districts with Mr.. German and is
holding court in Yellow Medicine
county. The calendar is unusually
large this term. there being forty-one
civil cases and four criminal cases to
dispose of. The first two days were
taken up in reading the calendar and
setting cases, considerable delay be-
ing experienced on account of the in.
clement weather which made it inn
possible for the jurors and witnesses
to be on time. A large number of
cases were continued by consent and
number settled. The following
cases were disposed of, and the re-
naming ones will be published next
week, or so far as have been tried:
The Citizens Bank VS.. Thomas
O'Reilly eta Continued,
Russell Sage, as assignee, ETC., vs..
Thos. Larkin. Settled.
The Board of County Com, VS.. G.
w. Rohne & Co. Not for trial.
John Coleman vs.. Great Northern.
Settled.
TIC, Kitty vs.. c. Sax ct al. Con-
uinued.
Thos. T. Moore VS.. Ed. Ellison ct
al. Continued.
j. P. Smith VS.. VIM. O'Brian ct al.
Settled.
L. C. Spooner VS.. The Travellers
ms. Co. Continued on plaintiffs
motion.
The Travellers ms. Co, VS.. W. K.
Walker and VS.. Mary J. Walker ct al,
two cases. Continued.
John Coreoran VS.. Henry Moore,
Settled,
The Plano Mfg. Go. VS. Mary j..
Walker ct al, two cases. Both con-
tinued.
John W. Scott VS.. Casper Reich
muth ct al. Dismissed on plaintiff
motion.
Flour City Natl Bank VS., William
Delahunt, Continued.
Criminal cases-State VS.. Konrad
Wurm. Dismissed on plaintiffs mo-
ton.
/ State VS.. Frank Kline. Continued.
State VS.. VIM O'Brian ct al. Not
for trial.
State VS.. Orion Lyon and Robert
Ross. Court case.
The grand jury had not made re-
port up to last evening.
Morris tribune., 1897-03-17
FITZSIMMONS WINS.
oorbett Is Knocked Out in the
Fourteenth Round.

The great fight between Corbett
and Fitzsimmons was started at II
o'clock today, at Carson City, New
before a large crowd of sports. The
first three aounds honors were evenly
divided. After the third round Cor
bett appeared to be getting the bet
ter of his man and when the fifth
round was reached he seemed to have
him at his mercy and pounded Fit2
at will. Corbett drew first blood and
kept the best of the fight all through
up to the fourteent round, when Fitz
landed a terrific blow over Corbett's
heart which sent him to grass and he
failed to respond in the ten seconds
and the fight was awarded to Fitz-
simmons.
The returns were received by
rounds at the Morris gymnasium.
Morris tribune., 1897-03-17
Base Ball.

The question is being asked every
day by some, care we going to have
base ball club next season."
Schemes are being talked of and
plans laid by those who are DESTROYS
of having club in our city. AS the
writer was "moseying' around the
other day in search of legitimate
news he was approached by an en-
thusiast who had an idea in that line
which struck US as being very FEAST
BILE. What he proposed was in sub
stance as follows: Secure grounds
handy to town; form an association
incorporate; dispose of stock at SO
much a share (say $1OO) and allow a
certain number of shares to entitle
the holder to a season ticket, then
form club that would wipe the dia-
mond with any other club that would
cross bats with them.
Talk about timber Morris has it.,
and frst-class at that. We would
only need couple of men or so out
side of the town to have one of the
best clubs in the state Now the
thing to do isto get some public spir-
tied men to start the ball rolling, and
to start it in time to have the cluband
grounds ready as soon as the season
fairly opens. Let us have club; it
is one of the best advertisements you
can get for town, and will do that
much good if nothing else.
Morris tribune., 1897-03-17
City Council.

The old council met Monday even
ing and wound up the years business
and adjourned sine die. They turned
over the city affairs to the new coun-
ell with one of the best records
that has been made by any council
for many years.
The new village council met last
evening and assumed the responsible
tiles of the city's destiny for the en-
suing year. All members were pres
ent except Mr.. Thoele, who is con-
fined to his home with la grippe.
The following appointments were
made and salaries fixed for the ensu-
ing year:
Village Recorder-W. F. Cooley;
salary $500 per year, decrease of S25
over last year.
Marshal Erick Peterson; salary
$45 per month.
Attorney-Fred E. Smith; salary
500 a year.
Engineer-W. P. Fowler; salary
5000 year, decrease of $50.
Member of Board Of Health-Erick
Peterson.
Poundmaster- Mehl Cousins.
Other business of a routine nature
was transacted after which the coun-
ell adjourned.
Morris tribune., 1897-03-17

There will be meeting of the pa
irons and stock holders of the Swan
Lake cheese factory at the factory on
Thursday, March 25th for the pur-
pose of settling last years business,
for the election of officers, and to
transact business as may properly
come before the meeting.
r. j. HALL, Sec.
Morris tribune., 1897-03-17
List OF Patents

Granted to Minnesota inventors this
week. Reported by c. A. Snow &
Co., solicitors of American and For
eign Patents, opposite U. S. Patent
Office, Washington, D. c.:
F. w. G.. Boettcher, Duluth, con.-
bined heating and cooking stove, etc!
G. E. Fox, Minneapolis, bicycle; G.
Lanhe, Marshall, ships buoy; w. G,
Scott, Rock Dell, cultivator; G. l.
Travis, Minneapolis, bicycle or like
vehicle.
Morris tribune., 1897-03-17
Election.

Fhe remaining township elections
not reported last week will be found
in the following:
Stevens.
Supervisors Patrick Regain, chair
man, John McNally and Mat Ritter.
Clerk-H. E. johnson.
Treasurer-H, P. Carlson.
VIM. O'Brian.
Constables-Wm. Smith and Ole
Knudtson.
Baker.
Supervisors-W. W. Britt, chair
man, P. II. McNally and G. II. Golden.
Clerk-F. E. Baldwin,
Treasured. E. Olson.
Assessor-E. Alderman.
Justices-W. Dreviscracht and G..
McAllen.
Constables- A. c. Stapleton andG
Mahoney.
Road Oyerseers- Dis. No l, Asa
Mumbleau; No. 2, Joe Marty; No. 8,
j, Kulpinski; No 4, John Lentz; No.
5, j. b. Lee.
Pound Masters L. Wolff and P.
Mumbleau.
Everglade.
Il Supervisors f. Lambert, chair
man, FL. G. Hubert and L. Herbster.
Clerk. S, Robinson.
Treasurer. Zimmerman.
+ Assessor-A. G.. Rugg.
Justices-W. Oldhaver and VIM.
Nader.
( Constable-John Heuer.
Scott.
Supervisors John Kiedel, chair
man, Knute HOLMAN and John Deg
endorfer.
Clerk-W. Ell. Busse.
Treasurer M. Buckley.
Assessor Ole Eyestad.
Justices w. Roberts and Theo.
Nelson.
Constables-L. Mackey and w.
Gardner.
Road Overseers- No. l, A. w.
Gardner; No. 2, J, Degendorfer; No.
3, j. Keefe; No. 4, j. D. Keyser.
FramnaS.
Supervisors -Syver Larson, chair
man; Samuel Oleson, G. w. johnson.
Clerk e. E. Solseth, Jr.
treasurer. G. Brandt.
Assessor T. Lee.
Justice-E. E. Solseth, Sr.
Constable-N. P. Solseth.
Morris tribune., 1897-03-17

Among the prominent attorneys
noticed from abroad who are here at
tending court are S. A. Flaherty Of
Litchfeld; Mr.. Thompson and Geo.
r. Robinson of Minneapolii; G. We'll
lington, G. j. Berryhill and T. r.
Benton of St. Paul.
Morris tribune., 1897-03-17

G. A. Dushek, the genial landlord
of the Merchants hotel, was wearing
an extensive smile yesterday, the
cause of which was the arrival at his
place early yesterday morning of
bouncing baby boy. Mother and son
doing well and father receiving con
CALCULATIONS.
Morris tribune., 1897-03-17

The Morris Cadet band surprised
the natives on the evening of the
election by playing several tunes on
the street in most creditable man
ner. They will all be musical ex-
perts before many moons if they
keep on practicing.
Morris tribune., 1897-03-17

j. P. Smith of Medina made us a
pleasant call yesterday while attend
ing court He reports the roads in a
very poor condition.
Morris tribune., 1897-03-17

Owing to the blizzard the T test
sociable which was to have been held
at the residence of Mr.. and Mrs. W.
j. Dumble last Friday evening, was
abandoned.
Morris tribune., 1897-03-17

A large number Of our citizens are
having quite a serious time with la
grippe, which appears to be going the
rounds as an epidemic. No fatali
ties have as yet been reported.
Morris tribune., 1897-03-17

Geo. Spooner left last week for his
home in New York, where he will re-
side in the future.
Morris tribune., 1897-03-17

The John Grove Land Co. last
week sold the farms of S. B. and F.
G.. Smith of the town of Rendsville.
Mr.. F. G. Smith informs us that they
intend moving to the eastern part Of
the state where an occasional tree
can be seen, if not had, as sort Of
consolation as a blizzard breaker.
Morris tribune., 1897-03-17

G, P. Burpee returned home yester-
day after an extended vacation
at the Hot Springs, Ark.
Morris tribune., 1897-03-17

I have one of the finest line Of
watches in the Northwest and the
best movements made. Call and ex.
anime them. E. McAyeal.
Morris tribune., 1897-03-17

L. @. Hollister came down from
Breckenridge yesterday and stopped
off for few days on his way to Aus
tin.
Morris tribune., 1897-03-17

John Grove, of the John Grove
Land Co., who has heretofore made
his headquarters at Algona, Iowa,
came up here last Monday. and will
hereafter make his headquarter here.
He brought carload of fine horses
with him, which they have for sale.
Mr.. Grove is a typical real estate
man, and with Mr.. Dodge, will I'M
doubtedly make real estate hustle
here the coming summer.
Morris tribune., 1897-03-17

Paints, oils and varnishes, always
fresh and new and a complete stool
at E. j. Jones'.
Morris tribune., 1897-03-17

Do you suffer with Lazy, Tired
Feeling, can't eat, sleep or work
Bad Liver. Rocky Mountain Tea
cures. Hulburd q johnson.