davidaulloa/AmericanStories huggingface dataset:
Warren sheaf., 1897-07-29
Sc,:loo 8 ] Re,o,,

Report 81 school il. disti.i,t No. GO.
town 81 Big ools, Alarshnll Co.,.
Mipn slIiq ! for the term ending ] ul.y 90,
1897:
No. Of pupils enrolled O
No. of days III term. &. !. 90
No. entitled to apportio.,,,,e,,,8...:,;55 8...:, :, 5
Average daily attendance. 81 J:
Totnl nttendnllct, {. !. ... ]. ~
No. perfect in ,.tten,i,in.4 ,iiz::l
Elsa Ekman, Heimer md Ary,l bah.
lin, David Wal1nark ami 3 i.i,yrts i'c--5
stersoll.
3. of pupils hum bse,, absent
but4tnle diry viz: Cora :;,si Carl
Larson, lbertI Strand l.,rrs, and .I.,il,.
ts,,lalark. Oil4Is Is S1;y-,l,! s..
Warren sheaf., 1897-07-29
iirs. Curb u rts j,
Christ Episcopal L C,hulv ii, ,l.o UA .uoll,

nI r6. UT IlEG 6til1}g stt5
Christ Episco pal C;hurril, uon,s
last Sab abDath ev en- n2
II you are q Ia yerS rs,ad the
proceeo eollngs Of the q, ,,o.lllJy I,,Jlit,l ,,fl
Eqpaliza sion IN this WeeK 5 s
Q: ltinso LETT yus t,illll;,y
for Erskilie. fossto tom .laill ii NJ osu:
il the interests Of the piano AI;lrslllse
co.
= oUND: a watch. ON;;el ca alls
have same. ret turned by cnili.is.,sil { tll..
I s''HEsAats',ftice and pa e FOR /,
tice. MS
Other feat tures il t. The nil knlails
convention will sDe;, q tloubie q u;.l: :Je rsss,,
5ch oruses and q driIt By sixteen young;
ladies. s.s3s .3
Haying has been very much lie.
layed by the raius and some farm.
ers will be. comelleu to postpone lii Y-|
making until after harveSJ.
Exc ounty attorney Brown, vas
in town Tuesday evening bidding
goo d-bye to his Warren friends be-.
fore 1tI'l' his departure for Butte, Mont,
to locate. 81
Rev. A. Alattson will be INSTALL
ed rs pastor iii the Swedish, Luther:
nm congregation III arrell on Mon
.da y evening, August 2ll.i. BY the
Presidentof the Minnesota Confer
ence. E. q 8a
Harvesting will begin in l.i,bout 81
week. 1t is tile upinio on 81 those vino.
have been around the county TO
know that crops in Marshal. county
average better than nuy uywl,ere else Ill
the valley.
IN Ada they have had al awful
time with water from the recent
rains, some OF the streets being food
ed several feet deep. Much grain in
Norman county has been destroyed
by overflow.
Aiarried:-In Kansns City on.
Saturday, July 10, 1897, Nr. otto.
Winkler and Miss Rache! E,lltl;ld1
Jerrue, both popular young people
of Nc cFarland. .5tT=
Tie bride is the accomplished
daughter Of Mrs. Jerrue, now III Mill-:
nesota, but q former. resident OF Vera.
Mrs. Winkler has won more than Il.
state reputation as a mns;cinn, ha.v-
ing been several times the successful
t. nj, ), tho HyrnI,inv,,,, -, x; Ia
Warren sheaf., 1897-07-29
WEST VALLEY. #

. A.strong petition has been circ'llat-
ed in town Of West Valley ti!is week.
to have West Valley P...O. removed
from town of Marsh Grove to winch it
was unjustly removed in 1851.
The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1897-06-17
TORY WRIT OF MANDAMUS TO
SUE
TO COMPEL COMPTROLLER
TO COUNTERSIGN THE CONTRACT
AWARDED THE ST. PAUL SIDE
WALK COMPANY.
showed the Award Had Been Regu-
lar and That 1t Wasn't M'Cardy's
Place to Object.

Once more has the district court Vir-
tually declared that City Comptroller
J. j. McCardy does not constitute the
entire city government, but that he
is employed in a clerical capacity to
keep the books and incidentally conn
tersign contracts, even though they
may not be awarded to his friends"
The st. Paul Sidewalk company,
whose contract for laying and repair
ing sidewalks for the season of 1897
Mr.. McCardy refused to countersign
for reasons of his own, has won a vic
-tcrIoTer the comptroller. The man.
damus proceedings, instituted to COM
pei Mr.. McCardy to countersign the
contract awarded by the common coun-
ell, came on for a hearing Yesterday
before Judge Bum. At their conciu-
sion Judge Bum ordered a peremttory
writ of mandamus to issue compelling
McCardy TO countersign the contract.
Upon motion of Mr.. McCardy's coun-
sci, First Assistant Corporation At
torney Phillips, a stay of forty-eight
hours was allowed within which the
comptroller may take an appeal to the
supreme court. Should Mr.. McCardy
see fit to take such IN appeal, E. S.
Durment, the attorney for the st. Paul
Sidewalk company, will ask the court
to require the comptroller to give a.
bond of 81 600, conditioned to compen-
safe the st. Paul Sidewalk company
for the loss of the contract in case the
supreme court should affirm Judge
Bunn's order granting the peremptory
writ.
The hearing on the mandamus last
ed about three hours yesterday. The
only witnesses examined were COMP
troller McCardy, Commissioner Hare,
of the board of public works; City En-
gineer Rundlett and Andrew J. Hoban.
representing the st. Paul Sidewalk
company. Mr.. McCardy testified that
III his opinion, the st. Paul Sidewalk
company was irresponsible and insol-
vent, and, therefore, he refused 10
countersign the contract, but the court
did not consider his testimony. mas.
much as the sOlvency or insolvency
of a bidder was not decreed a question
for the comptroller to pass upon. His
functions were ministerial. 1t was suf-
hcient that the board of public works
ana the common council were salts
lied the contract would be carried out.
Commissioner Hare testified that the
board of public works, before recon-
mending the award of the contract.
O steps and made investigation suf-
hclent TO satisfy the members that The
st. Paul Sidewalk could and
would carry out the contract.
The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1897-06-17
in his answer that he had ever treated


III his answer that he had ever treated
Anastasia cruelty. .
But Mr.. Hort failed to show up at
he trial, either in person or by sitter
ney He will learn in due course of
time hat a written agreement. signed
by himself and Anastasia by which
they consented to live together as man
and wife, was submitted to the Jury
in evidence. The agreement was en-
tered into at Duluth in September.
1894. n the two lived together until
April 6, 1897. Furthermore the records
of the municipal court, showing that
Mr.. Hort had pleaded guilty to the
charge of assaulting his wife, was
placed in evidence.
By direction of the court the Jury
returned a special verdict finding that
Mr.. and Mrs. Hort were married and
tina MIR. Hort had choked his wife as
alleged.
Judge Brill, who presided, will grant
Mrs. Hort a decree of divorce.
The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1897-06-17
CASE INVOLVING ALfM0NY..
Court Refuses to Alter a Forme
Decree.


Decree.
DEGREES of divorce requiring divorced
husbands to pay their former wives a
certain sum periodically. as permanent
alimony, will not be modified by the
district court, and the amount of ali
mony reduced, unless new facts can
be shown w~arranting such a reduc-
ton, This principle was e~nunciated in
an order and memorandum filed by
Judge Bum yesterday in the divorce
case of Emma L.. Warren against Ed
win A. Warren. The couple were di-
Vorced three years ago this month, the
decree being granted by Judge Kerr to
Mrs. Emma Warren. Their daughter,
a girl Of fourteen years, preferring her
fathers society, was allowed to re-
main with him. The decree required
Mr.. Warren to pay Mrs. Warren $50
a month permanent alimony, to make
her the beneficiary of his life insurance
policy Of $4,000, and to take out another
policy for $1,000, Mrs, Warren to pay
ali the premiums thereafter on both
policies.
Mr.. Warren now seeks to have the
amount of alimony reduced for the
reasons stated in Judge Bunn's mem
which, in part, is as follows:
in this case, the defendant claims a modi-
hcat.on of the Judgment on the following al
legged changes in his circumstances: Deprecia-
ton IN the value of his property; his increased
living expenses, due first to the expense of
educating his daughter, second, to his mar
rage; moneys received by the plaintiff for the
sale OF her paintings; the fact that the plain
TN mas saved money out of her alimony paid
her; whereas, the defendant is using his entire
income, and, perhaps, more, in supporting
himself, his child, his former and his pres
ent wife, and in paying interest on his prop
erty and taxes. Defendant fails to show that
his property has deprecated in value except
by reason of the fact that he has placed
an additional incumbrance thereon.
The education of his daughter must have
been contemplated at the time of the judg-
ment, which gave defendant her custody.
Defendants marriage was a change in his
circumstances imposed upon him by his own
voluntary act.
The aff1davits fall to show that plaintiff has
earned or received or is capable of earning
any sum whatever from the sale of her works
of art.
The fact that the allowance has been large
enough to allow plaintiff to save money and
to embarrass defendant is unimportant, when
unaccompanied by proof of new facts causing
these conditions.
There is little doubt that the PAYMENT
of so large an amount of alimony is a serious
burden upon the defendant, and think that
plaintiff could live On a less amount, as she
has done, but l find no new facts within
the rule established by the authorities to war
rant me in revising or altering the judgment.
The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1897-06-17

s.. c. Lobdi-l, respondent, VS.. the Laboring
Mems Mutual Aid Association of Cha;ield,
Mimi, appellant.
The defendant insured the plaintiff against
loss of time effected through external, violent
and accidental injuries, wholly and contin-
uously disabling him from transacting any
and every kind of business pertaining to his
occupation of merchant
Held. First, that the evidence justified the
jury in finding that he was wholly disabled
within the meaning of Sc policy.
Second-Total disability does not mean abso-
Lutte physical inability to transact any kind OF
business pertaining to the occupation of mer-
chant. 1t is sufficient if his injuries were such
that common care and prudence required him
to desist from transacting any such business
in order to effectuate a cure.
Third-Inability to transact some kinds OF
branches of business pertaining to his occura-
ton as merchant would not constitute total
disability within the meaning of the policy
|, provided he was able to transact other kinds
or branches of business pertaining to such oc-
cupation.'
some trivial or unimportant act connected
With some kind of business pertaining to such
occupation would not render his disability par
tial instead of total, provided he was unable
to, substantially or to some material extent,
transact any kind Of business pertaining to
such occupation.
Fffth-The fact that he occasionally per-
formed some act connected with his business
as a merchant would not necessarily prove
meaning Of the policy. The frequency and
nature of these acts would ordinarily be for
the consideration of the jury in determining
whether he was totally disabled as above de-
fined.
Order affirmed. Mitchell, ].
The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1897-06-17
GRAND JURY GRIND.
City officials Among the Number o.
Witnesses.

The grand jury spent another busy
afternoon yesterday. Several witness
es were called in, conspicuous among
whom were City Comptroller McCardy,
City Treasurer Horst, and William
Hamm. 1t is supposed that the comp
troller and city treasurer were required
to testify concerning the deposits, of
city funds in the suspended banks and
more especially the Allemannia bank,
which was the depository of $780, 900 of
the city's money.
Other witnesses in attendance were
A. De Barnett, Louis Betz, Ed Dewitt.
r. L. Ware, w. j. Wood, P. Cohen
hover, of the Lehigh Coal company:
N. Schrantz, Carl j. Siebold, E. J. Hodg-
son. Mary Atkinson also appeared be-
fore the grand jury to testify in the
case of William Patton, who is charged
with indecent assault.
The only Indictment returned was
that against the two Zschau Boys and
George Jackson, as related elsewhere.
The grand jury adjourned until 2 o.
m. TODAY.
The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1897-06-17
Dress Goods Dept.

A special sale of Navy Blue and
Black Serges, suitable for hot
weather skirts, costumes for the
lakes, and popular favorites for
costumes for tourists through the
Yellowstone National Park.
Black and Navy Blue Storm
Serge, the bright, why, crisp kind,
all pure wool, the SOC a yard AE.
kind. The Mannheimer /SC
French Imperial Serge, Black
and Navy Blue, "A inches ~.
wide. all pure~wool. the Soc a LyC
yard kind; IL special price.
Storm Serge, very bright and
crisp, As inches wide, the IN.
75c Il yard quality. Our 1UC
special prlce................
Our ever famous Sunderland
Serge,in Navy Blue and IN
Black, As inches wide. The 1yC'
Manufacturer price,. -. ~
Cheviot Serge, in Navy Blue and
Black, so inches wide,. the IN
regular Csc quality. Our HyC
special price. Wv
The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1897-06-17
CLAIMS 1T PROTECTS HIM.
Lipstc Says His License Covers His
Sales of Tableware

Isaac Lipsic, the young man arrested
on the charge of swindling operations
IN connection with sales of tableware
and Jewelry on the street corners, was
arralgned before Judge Twohy yester-
day. Lipsic denies the charges of the
police, n claims that his business
methods are perfectly legitimate. He
a a license from the city clerk per-
uniting him to sell Tableware" and
claims that the document affords hin,
protection. The police, however, assert
that the young man has been guilty OF
swindling, and secured a continuance
Of the case until Saturday.
The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1897-06-17
A Stont

Is as essential to physical health as to politi-
cal consistency. For weakness Of the back.
rheumatism, and disorders of the kidneys. the
tonic and dietetic faction OF Hostetter's Stom-
ach Bitters is the one thir needfuI. The
stomach is the ma4nstag Of every other organ,
and by invigorating the digestion with this
preparation, the spinal column, and all it's
dependencies, are sympathetically strength
ened. The dyspeptic and bilious will find it a
pure vegetable sttnulant and tonic.
The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1897-06-17
MRS. HORT DIVORCED.
Though No Marriage Ceremony Was
Ever reformed.

Anastasia Hort has finally secured a
divorce from Joseph Hort. The issues
Of fact in this case were submitted to
a jury yesterday by order Of the court.
This was done because Joseph Hort
In answer to his wife's complaint
charging him with having choked her,
declared that Anastasia was not his
wife. They had lived together, but
no marriage ceremony had ever been
performed, and no clergyman or civil
officer had ever pronounced them man
and wife. incidentally Mr.. Hort denied
The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1897-06-17
ANNOUNCEMENTS.

NOT1CE-THE TRUSTEES OF THE STATE
Savings Bank, Germania Life ms. Bldg. cor.
Fourth and MINI. sts., have declared a
seml-annual dividend at the rate of 4 per
cent per annum for the period ending july
i, 1897. Depositors entitled to interest viii
present their pass-books at the bank for en-
try on or after July 20, 1887. The new inter
est period begins July 1, 1897. All deposits
titled to SIX months interest Jan. L, 1898.
]. M. Goldsmith. Treas.
The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1897-06-17
Charged With Larceny.

Nicholas Asfalg, formerly a driver In the
employ of Herejs Bros, was a prisoner in the
police court yesterday, on the charge of lar
ceny. Frank Horejs lodged complaint against
the young man and accuses him Of failing to
account to the firm for $14 which he is alleged
to have collected. Asfalg denies the accuse
ton against him. He was held in 500 bail
until tomorrow.
The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1897-06-17
Toledo.

The beautiful Lake City at the mouth
Of the Maumee, entertains the Annual
Congress of the American Whist
League, July 9Th to 10th. The Chicago
Great Western Railway will take you
there for a fare and one-third on the
certificate plan,
The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1897-06-17
Wasn't Ready for T,,,,

John Cunningham, arrested as the res ult of
an alteration and attack upon his wife in the
vicinity of Rice park, Tuesday evening, was
charged in the police court yesterday with
drunkenness and disorderiy conduct. He was
not ready for trial and secured a %continu-
ance until Saturday.
The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1897-06-17
lei

I have equipped one OF the best undertake
ing rooms in the city. and will give better
service at lower prices than any undertaken.
Hearses, -. Carria ges, $3.50. F.. W.. Shirk.
322 Wabasha. Tel. h08
The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1897-06-17
SUPREME COURT SAYS 1T CAN REG
ULATE THE PAWNBROKING
BUSINESS.
TEN MORE DECISIONS FILED.
OH FIRE INSURANCE CO,
WINS ON AN APPEAL-LOWER
COURT REVERSED.
RULING IN A RAILWAY CASE.
City OF Duluth Loses In an ppea
Carried Up by Ann e..
Mercy.

Of the ten decisions which we're
handed down by the supreme court
yesterday, Justice Mitchell signing the
opinions, the one Of most interest to
the people. of the city Of st. Paul is
the one which involves the validity or
the so-called pawnbrokers' ordinance.
The court sustains the claim of the
city to regulate the business OF that
| class of dealers, regardless of the fact
thai in the law defining "paWnbrok-
ers," the definition is broader than the
| common and generally accepted mean
ing of the word.
The syIlabi of yesterdays decisions
are:
The City of ST. Paul, respondent, VS.. H. Lyle,
Appellant.
Ordinance No. 1894 of the city of St. Paul is
a valid exercise OF the power granted by the
city charter Ito license and regulate pawn
brokers'"
Even if the definition of "pawnbroker' con-
tanned in the first section is broader than the
ordinary and proper meaning of the word, That
fact world net invalidate the whole ord nance.
1t is not necessary that a complaint charg-
ing a person with engaging in and conduct
ing the business of Iawnbroker without a Ii
cense, should state the particular instances
where money was loaned on pledge or pawn.
The evidence was sufficient TO justify a find
ing that defendant was engaged in and con-
| Quoting the business of a pawnbroker.
Judgment affirmed. Mitchell, j.
Hector Langevin, respondent, vs.. William
Bloom, appellant.
General Statutes 1894, section 5,460, provide
that the property hereinbefCre mentioned is
not exempt from any attachment issued in an
action for the purchase money of the same
property or from an execution issued upon
any Judgment rendered therein
Held that the transferee of a note given fer
Nh n VOnnoU 2 nrnnprtU Il iii OF IN
levy on the property, though otherwise ex-
empt, the same as the vender himself might
have done.
Judgment reversed. Mitchell, ].
The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1897-06-17

Frederick Mittwer, ct al, appellants, VS..
Charles F. Stremei, ct al, respondents.
Both parties admitted that upon the term OF
q lease for years there was a new and eX-
press contract between them for a new ten
ancy, the only issue between them being
whether the contract was for a tenancy for a
year or fer a tenancy from month to month.
Held that evidence OF collateral matters such
as that the tenants had a large trade In that
part of the city, that it would have cost them
a large sum to move and that there vas no
vacant store in that parl of the city which
they could have secured was too remote to
have any natural or legal tendency to prove
which party was correct as to the terms OF the
new tenancy.
There being according to both parties a re-
letting under an express agreement and not
a holding ever by the tenant, requests to
instruct the jury as to the effect of a tenant
for years holding over after the expiration CT
his term were properly refused. For the same
reason. the burden was on the landlord to
prove that the ~rele:ting was fer a year.
Order affirmed. Mitchell, J.
The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1897-06-17

The Security Bank Of Minnesota, respondent,
VS.. Wills j. Holmes, ct al, appellants.
i. Held, that certain parts OF the answer were
Properly stricken out as irrelevant and redun-
dant.
A covenant against membranes runs with
the land, and where a mortgage contains such
a covenant an action upon il may be main
tanned by a purchaser at a foreclosure sale
under the mortgage: Following Security Bank
v. Holmes, 6S, n. w. R., 113.
A married woman is under no disability to
join in the covenants in her husbands deed,
and if she does so she is liable: Following
Sandwich Mfg. Co. V. Zelmer, rs, Mimi, 40S.
Her covenant cannot be contradicted or
varied by parol evidence that she Joined in the
deed mercy for the purpose of barring her
inchoate right as wife in the land conveyed
Order affirmed. Mitchell, J..
The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1897-06-17

Jchn Is. Heron, respondent, VS.. st. Paul,
Minneapolis & Manitoba Railway Company
ct al, appellants. ~
Under Legislative authority General Stat
utes 1854, section 271D the st. Paul, Mime
its road between st. Paul and Hinckley to
the Great Northern Railway company, grant,
ing to the latter company the exclusive con-
troll and possession of the road. =
The Great Northern Railway company also
under legislative authority General Statutes
1894. section 272D granted to the Eastern
Railway company (Which owned and operated
a road between Hinckley and West Superior)
the right to run its trains over the road be
tween Hinckley and st. Paul. the Great
Northern Railway company, however, retain
ing possession and control of the road.
The Great Northern Railway company
neglgently permitted to INT and re-
main on the right of way combustible ma
terial, which was liable to be ignited by
sparks ana hre thrown from passing engines.
The Eastern Railway company negiigently
operated an engine attached to one of it's
trains, by reason whereof sparks and fire
escaped from the engine and fell upon and
ignited the combustible material On the right
of way. The fire spread and destroyed a large
amount of property on the premises Of ad-
jacent land owners.
Held. First-That the St. Paul, Minneap-
oils & Manitoba Railway company was not
liable Tor the negligence of either the Great
Northern or the Eastern Railway company,
that the legislative authority to lease the
road included by implication exemption from
liability for the negligence of the lessee in
operating the road, and not involving a
breach Of the public duties imposed upon
the lessor by its charter or the general laws
of the state.
Second-But the Great Northern Railway
company, which retained control and pos
session of the road, was liable for the negli-
gence of the Eastern Railway company in
the operation of its train. Authority to grant
to another company the privilege of running
its trains over the road (the granting COM
pany retaining control and possession of the
road does not include by implication ex-
emption from liability for the negligence of
the company to which the privilege is
granted.
Even if the Great Northern Railway COM
pany was not liable for the negligence Of
the Eastern company in the operation of it's
train, it would nevertheless be liable on the
ground that the injury was caused by the
concurriDg negligence of the two companies
of the Eastern in the operation of its train
and of the Great Northern In permitting
The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1897-06-17
A Sale of Summer Gloves.

II OuI6 Ut OUIlIIII6I UIUV60S
Kayser patent finger tipped
Gloves, the kind that the tips out
yea the glove. Here in black,
white and all colors and lengths to
match your gowns. e0-
AS a special leader we give 5UC
you a good pair at.......... v
Heavy Milanese Silk or
Mitts; the regular Soc kind LSC
See our Sixth street window dis
play of Chamois Gloves. IT,
Best quality Chamois- NC
Special, per pair............
The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1897-06-17

Andres Micke.son and Carrie Nicholson, re-
spondents, VS.. Duluth Building and Loan
Association, appellant.
The record not purporting to contain al the
evidence and there being no assignments Of
error which raise the question of the sufi-
cheney of the findings of fact to justify the
order for judgment, the order denying a new
trial is affirmed.
Certain special reasons suggested why a
court ought not TO pass upon the relative rights
of so-called building societies and their boz
rowing members, under its scheme as con-
tanned in its articles and bylaws, unless put
in possession of all material facts.
Order affirmed. Mitchell, ],