davidaulloa/AmericanStories huggingface dataset:
The San Francisco call., 1898-02-09
MRS. 0ELRICHS IS
 ALMOST RECOVERED.

NEW YORK, Feb. S.-Mrs Herman Oelrichs is being overwhelmed with con- gratulations because she has almost en- tirely recovered from her painful accident, which at one time threatened the loss of one of her eyes, and is able to resume her social duties. It is now nearly three months since Mrs. Oelrichs, in superin- tending the hanging of curtains in her residence at Fifty-seventh street and Fifth avenue, was the victim of a pc cullar accident. A tack fell in her eye. very ugly wound
The San Francisco call., 1898-02-09
cLovERDALEs CITRUS FAIR.

CLOVERDALE, Feb. S.-The last week preceding the citrus fair to be held Feb ruary r to 22 sees an activity which is truly encouraging. The directors hold meetings nearly every day, and in con- junction with the various committees are perfecting arrangements that nothing may be lacking to make the event a. success. Space in the pavilion Is being rapidly enlarged. There will be many ex- hibits, three or four on large scale, and kept in motion by water power and ma chinery. Speakers from Ukiah, Healds- burg, Santa Rosa and other points have been engaged.
The San Francisco call., 1898-02-09
RECORDS THE CONTRACT
 FOR A SUGAR FACTORY,
Contracting Firm to Have the Quad. aloupe Lake Plant Built by
 September,
cANrrA DAppA,

SANTA BARBARA, Feb. S.-The con- tract of the big sugar factory at Guada- loupe Lake, in Santa Maria Valley, has corder's office. The contract provides for the construction of a factory to cost Ms4- 760. and that work shall begin at once and be completed by September 8. For each day after that date the contractor is to forfeit $750. The factory must have, when completed, according to the terms of con tract, a capacity equal to the handling of and must be so constructed that the ca pacity can be raised to 1000 tons if so de- sired. Marschutze & Cantrell are the contractors and their bond is fixed at $125, ,000.
The San Francisco call., 1898-02-09
Found Dead on His Wagon.

SAN MIGUEL, Feb. S.-Edward BolIen. a farmer, 67 years of age, living near Anette, in Kern County, was found in an unconscious condition lying on the seat of his wagon at the foot of a steep declivity on Saturday. Before medical aid could be summoned he expired. The cir cumstances indicated that his horses had run away and that the exertions of the old man in trying to stop them caused his death. There were no marks on his body indicating facts to the contrary. Bollen's family reside at Monterey. The remains will be inferred near Salinas.
The San Francisco call., 1898-02-09
American Marines Landed.

WASHINGTON, Feb. 8.-Captain Leutze. in command of the Alert, has cabled the Navy Department that he has landed marines at San Juan del Sur Nicaraeua for the protection of the American con sulate, owing to the fact that reyolu- ton has broken out.
The San Francisco call., 1898-02-09
Postmasters Confirmed

WASHINGTON, Feb S.-The Senate to- day confirmed the following Postmasters; Montana-G. W. Irwin, Butte; J. H. Mis- row, Santa Clara
The San Francisco call., 1898-02-09
Shortage in His Accounts.

SAN DIEGO. Feb. s.-George Wilbur, the City Clerk of Oceanside, whose ac- counts are said to be $1000 short, was ar await examination. The case will come up Thursday morning. Wilbur obtained bonds
The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1898-11-06

the law constitutional, but Judge CAVITY
dissented, contending that the right of
trial by jury granted by the constitu-
ton was violated by this law. Hence
he held the law unconstitutional. Judge
Canty's opinion was convincing and
had due weight I'm inducing the next
legislature to repeal this obnoxious law
In 1889 the legislature of Minnesota
passed q law providing for a Mime
sofa Standard Fire Insurance Policy"
The pretended purpose of the law was
to protect the property holders against
the rapacity of insurance companies,
but the real purpose was to favor the
companies and allow them to collect
premiums without paying losses. This
law provided that the state insurance
commissioner should adopt standard
form of fire insurance policy which
should thereafter be used in all policies
in the state. This law also contained
a vicious clause to the effect that none
of the provisions Of such standard form
could be waived in any manner. A
similar law had been in force for many
years in the states Of New York, Penn
syivania, Wisconsin and other states.
The insurance commissioner Of Minnie.
sofa adopted standard form which
contained from thirty-five to forty con-
ditions or cut throat clauses and pro-
vided that If any of them were broken
the policy should be forfeited and be-
come void. The insurance companies
knew that 1t was easier to get the In
surance commissioner to put these cut
throat clauses in the standard form
than it was to get the legislature to do
1t. For many years previous to this,
the courts had been holding that If in
surance companies took the payment
The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1898-11-06

cision. Thereafter 1t was taken to the
supreme court Of the United States at
Washington, and again Judge Canty
was affirmed.
In January, 1894, Judge CAVITY re-
signed from the district bench and took
his seat as member Of the supreme
court, to which he had been elected by
the people Of this state on the union
ticket, largely by Republican votes.
Since his advent on the supreme bench
his great vigor and ability has done
much to lift the supreme court out of
some of the old ruts in which it had
80 long Travelled. and to make of it
much better and ADLER court. At first
he disSented very often from the view
Of the majority of the court and his
dissenting opinions have been quoted
far and wide
law. which allowed a party to an &C.
ton to apply to the sheriff to select a
list of names from which the jury to
try the case must be taken. This list
was not selected by lot. as is done in
drawing ordinary petit juries, or in any
manner that would be safely impartial;
but the sheriff selected the names
knowing what case the list was for
This law worked great injustice In the
larger cities. A few powerful corpora
tions and few men of great political
and financial influence who could IN
fuence the sheriff or some of his depu-
ties, made a practice of selecting the
list for their own cases and giving this
list to the sheriff or to the deputy, as
the case might be-. Of course a trial
before such a Jury was a mere farce
and mockery. The supreme court held
The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1898-11-06

made them so simple that any one can
see. that the system has been earning
much more than reasonable income
on the cost of the reads. This decision
shows Judge CAVITY to be not only an
eminent lawyer and judge, but also
master on the laws of finance and
political economy, and a statesman of
high order, The4decision was rendered
last fall, and asga5 result the railroads
in the north half of the state have
been compelled to reduce rates to such
an extent that the Ffarmers will save
over $2,0OO,000 this year alone, and the
dement's will increase each year here
arter In proportion to the growth Of
business.
Perhaps the most =far-reaching deci-
sion In the annals of the supreme court
is It's opinion In. the STEVENSON case
In which JusticesCanty threw new light
ON the great transportation problems
Ihat a1fect every person in the country
Judge Canty did not stop with tech
meal dissection of the law In the case,
out stripped the tangled facts of all
concealment and revealed the underly-
ing reasons why the law was rightly
tnus and SO. ItSestablished him in the
pupilc eye not only as an eminent law
yer, but a master of finance, and g.
publicist and statesman of a high or
DER. RMS year alone the farmers will
save $2oOO,O00 as a result of this one
decision
The conduct of Judge Canty during
the 1--WE years that he has been on the
supreme bench has been SO eminently
1alr and impartial, yet vigorous, al
ways ready to protect the weak against
the rapacity of the strong, that his re-
election ought to meet with the hearty
approval of our voters Irrespective Of
party affiliations. In late years he has
been ably assisted by Judge Mitchell.
Judge Canty has always shown him
self to be in full sympathy with the
struggles Of our people in the North
west and has evidenced q proper ap-
probation Of the sturdy character Of
the Morse race.
The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1898-11-06

In Minnesota since 1857. when as a
young lawyer, he located at Mankato.
He at an early age took a prominent
place at the bar of the state and was
twice elected prosecuting attorney OF
Blue Earth county.
He and Judge CAVITY were chosen to
the bench at the same time, in 1892, and
their advent in the body was marked
by broadening of the views of that
august body which startled some
of the lawyers at first, but
comprised by sound logic and abso-
lutte equity.
His decisions. in such cases as have
affected the people, like the Steiner
son case, for example, deeply have
been characterized by broad view Of
the rights of the citizen in every case
He has the universal respect Of the bar
and the people Of the state at large
His personal career has been marked
by an uprightness OF purpose and a
cleanneSs Of practice such as had q
tendency to uplift the profession. A
resident OF the state since It's admis-
sion to the Union, he has wide per-
scral acquaintance, wider, probably.
than that of any Of the rest of the
nominees for the supreme court, and
all who know him have confidence in
his honesty, ability and. finally, his
courage
Judge Buck has been scrupulously
cereful to avoid the remotest possibility
of Undue influence on his official acts.
His refusal to accept passes from the
railroad companies has been known for
years.
Judge Buck is firm believer in the
fellowship of man, and his decisions
protect the rights of the -hunblest citi-
zen as Loyalty as of the most exalted
He is careful of the future in establish
ing precedents which might react to
the public detriment.
The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1898-11-06
Ask your doctor how

Ask your doctor how
many preparations of cod
liver oil there are.
He will answer, "Hun-
dreds of them. Ask him
which is the best. He will
reply, "Scott'S Emulsion"
Then see that this is the
one you obtain. 1t contains
the purest cod-liver oil, free
from unpleasant odor and
taste. You also get the by
pophosphites and glycerine.
All three are blended into
one grand healing and nour-
ishing remedy.
soc. and $I.oo, all druggists.
SCOTT & BOVINE. Chemists. Nav York.
The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1898-11-06

There is no duty devolving on the
voters of Minnesota at Tuesdays cleo
ton more important than the election
of proper men to the supreme bench.
With the close of this year, the terms
Of justices Thomas CAVITY, William
Mitchell and Daniel Buck expire. The
vast powers placed in the hands Of the
judiciary make it essential to every
American citizen, and to every Ameri-
can institution, that honest as well as
able and courageous men shall be elect
ed to this highest tribunal of the state.
There are issues involved in this ball
lot that rise above party politics, for
the rights of life, liberty and property
must have broader foundations that
partisan service. 1t is the Importance
of this tribunal that makes it not only
proper but necessary for their own
protection that Republicans and Demo
Gratis alike shall rise above their party
ties, and vote for those men who have
been tried and found not wanting.
Thomas Canty and William Mitchell
and Daniel Buck are men whom Min
nesota knows as fearless, upright and
able judges. The Republicans recog-
nized Justice Mitchell's worth by re-
nominating him until servility to party
Office jobbing swerved that party from
it's once professed intention to keep the
judiciary out of partisan politics.
The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1898-11-06
KNoTTY ELECTION POINTS.
SOME THAT THE ATTORNEY GEN
ERAL HAS PASSED UPON
Troublesome Problems of Residence
and Other Questions Involving
thu EIfy;I,;Iitv NJ Uota-s

Troublesome Problems Of Residence
and Other Questions Involving
the Eligibility of Voters.
Attorney General Childs has received
some perplexing inquiries upon the ap-
plication of the election law during the
past week. Many inquiries come from
across some knotty problem upon
which the printed edition of the cleo
ton laws seems to throw no light
In a number of cases judges have
refused to register electors, and the
matter has been taken to the attorney
generals Office in preference to the
courts. However, In Minneapolis case
is now being tried before the district
court, in which the judges refused to
register a voter on the grounds that he
was not resident of the district AS
a matter of fact, the election law lays
down in no uncertain terms q. rule to
be followed in such cases 1t Is sim
ply that the election judges have no
authority whatever to refuse to reg
lister voter if he swears that he is a,
resident Of the district and is a duly
qualified elector. If, however, the
judges have any doubt. the only re-
course which is open to them is to bring
an action against the voter for per-
jury.
The matter of residence presents per-
haps as difficult problem as the cleo
ton Judges have to solve, and many
controversies of this nature have
reached the attorney generals office.
In one case the judges in one of the
precincts Of the Fourth ward refused
to accept the name of a st. Paul man
who was for several years absent in
Washington as private secretary to q
congressman. In this case the attor-
ney general advised the election board
that a person by reason of absence
from the state on government bust
ness did not lose his residence and was
entitled to vote. A parallel case came
up where one of the government print
ing experts returned to his home in
Minnesota after years absence, and
his name was refused by the judges
of election on the grounds that he had
lost his residence in Minnesota. The
same ruling applied in this case.
But very few of the Fourteenth reg
iment will be able to vote In case
the mastering out Of the regiment
should be completed before Tuesday
but very few of the boys would even
then be able to vote. Those who live
in places Of $4,000 and under and who
reach home by Tuesday can vote, but
those living In the cities cannot vote
unless they have been registered
number of inquiries relating to
challenges on election day have also
been received from several parts Of the
state. The law is very plain on this
The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1898-11-06

many OF the characteristics Of both.
lie was born in Old England while his
parents We're natives of New England,
AS PROOF OF his being native, it is res
corded of him that he was the editor
OF the Leader Of Superior in the days
when Superior was prosperous His
foreign standing is attested by his love
OF good cheer and good companionship.
he Is about as bright as the average
newspaper man. and of as strict YER
aolty. Whatever he does as legisla.
tor he will do well.
Thomas +. Martin has the distinction
Or having been the only Democrat from
ramsey county in the last legislature.
How we'll he discharged his duties Is
evident in the esteem in which he is
held by all Democrats. AS his district
IS hopelessly Democratic, this shows
how certain he is of election. Always
able, willing and laborious, his record
IN the last house is one of which he,
MS friends and his party have reason
to be proud
The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1898-11-06
JUSTICE MITCHELL's CAREER.
He Has Served Eighteen Years
With Distinction and Credit.

He Has Served Eighteen Years
With Distinction and Credit.
Justice William Mitchell has served
the public well and nobly In the state
OF which he has been q resident since
territorial days. He was valued
member Of It's legislative councils in
the days Immediately following its adj
mission to the Union. He was also
member Of the Winona city council for
several terms, but his great service to
the people of the country has been as
judge. He was twice elected Judge
or the Third district without opposl-
ton, and his record here in seven
years service was so excellent that
GOV. John S. Pillsbury, in spite Of
Judge Mitchell's political affiliations,
appointed him associate justice.
The people Of Minnesota have shown
their confidence in him by three times
electing him to the bench. In these
elections the Republicans have hereto
fore supported him, nor have they as
signed any reason this time why he
should not be continued in the court
where he has been of SO good service.
In his eighteen years of service, Jus
tiee Mitchell has prepared host Of
important opinions, found in over for
ty volumes Of the reports of the state
oOPA CilAO SOuI u manly OIL them are
known as leading cases throughout the
country and have been approved and
followed by the courts of other states.
Quite number of them have been
adopted in leading cases In the text
books of prominent American law
schools, notably at Harvard and Yale
colleges.
One of his decisions, which has been
of immense Importance to Minneap-
oils already, which is beginning to be
felt in ST. Paul and which will ulti-
mately, as the smaller cities of the
state grow, affect them, is the opinion
which compels railroad companies to
maintain street crossings as safe as
to travel as before the advent of the
railroad, even if 1t be necessary for
the company to build and maintain via
ducts.
In Willis VS.. Mabon he held stock
holders Of corporations, except those
organized for exclusively manufactur-
ing purposes. individually liza BILE for
corporate debts to the amount of the
stock owned or held by them In Hos
pes VS.. Northwestern Manufacturing
company, he reviewed exclusively and
criticised the so-called trust fund doc
trine of the United States courts viz:
That the capital of a corporation was
a. trust for the payment Of it's debts
This opinion attracted national atten-
tfon and was very favorably comment
Hinckley he held that where a railroad
company received a bonus from town
or city, it was bound to maintain it's
The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1898-11-06
HONEST THOMAS CAVITY.
He Has Been a Worthy Jurist Since
His Election.

his Erection
Judge Canty's record Is we'll worth
reviewing In 1890 he was elected to
the district bench in Hennepin county.
One of the first important criminal
matters which came before him was
the case against Geo. Heilpern, who
had been a bookkeeper of the Columbia
Mill company. Heilpern was charged
with embezzIing $4,000 of the mill COM
pany's money. He had already been
tried three times but, owing to the
crafty manner in which his attorney
had conducted the defense, the jury
disagreed each time. His attorney
claimed that the prosecution were max
iEg a scapegoat of Heilpern, ard that
while Heilpern might have taken the
money, one of the officers of the mill
company got it from him and got him
to falsify the books. There was TO
proof whatever to support the claim
OF the defendant, except the bold and
constant assertion of it by his attOr-
ney. When the case came on for trial
before Judge CAVITY these same tactics
Were pursued, but the judge made short
work Of this gauZy defense, when he
charged the jury as follows: Gentle
men Of the jury, if the defense in this
case is that one thief helped the other
to steal, and the other thief got all the
money, then it is an iINIlt to this jury,
and to this court, and an insult to the
administration Of Justice in the state
of Minnesota" It Is hardly neces-
sary to say that the jury, in less than
half an hour, brought in a verdict OF
guilty.
During the last few years many Of
the good citizens of Minneapolis have
often wished that Judge CAVITY was
still on the district court bench to deal
with men who have been plundering
H. .sf h. lNn, 4JnA
trust companies.
There are many instances to show
Judge Canty's fearless independence
in any matter or in any cause, when
he believes that he is in the right.
Shortly before he went on the district
bench, in January, 1891, the supreme
court decided that a mortgage given
On a building after it was partly built
was ahead of a mechanics lien for
labor performed thereafter. The same
question came up before Judge Canty
in another case, and he fatty refused
to follow the decision of the supreme
court, but held that the laborer's claim
for mechanics lien was ahead of the
mortgage. He fortified his position
with such strong and clear reasons
for overriding the decision Of the SUI
preme court, that when an appeal was
taken from his decision to that court
they took back their form-r decision
and affirmed the law as laid down by
Judge CAVITY
The city of ST. Paul went up above
Minneapolis, established a pumping
station and pumped water from feed
er of the Mississippi river into the ST
Paul water works mains for the city
use. The st. Anthony Falls Water
Power company brought an action to
enjoin the city of ST. Paul from pump
Ing the water. claiming that 1t should
be allowed to run down over the
falls and create water power. The
question involved affected the interests
of the city of st. Paul, but also those
The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1898-11-06
HON. DANIEL BUCK,
Of Blue Earth County.

line through that town or city during
its existence, or refund the bonus. His
concurring opinion in the Stevenson
rate case is recent and familiar Judge
Mitchell recognizes that the law is a
progressive science,s and that it must
be modified from time to time to meet
charged conditions. Hence, when he
feels satisfied that any rule or doctrine
established by the decision of the
courts is unsuited TO new and changed
conditions or sis wrong in principle
and works badly In practice, he has
not hesitated TO change it or modify
1t so as to suit present social political
or business cofldi TONS
While carefully4 protecting vested
rights of pronertye the general trend
of his decisionS has been to steadfastiy
sustain the right of the state to regu-
late and control corporations of its
own creation.
The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1898-11-06
MOZART CLUB OPENS.

programme for the Initial Enter
tainment This Evening.
The nrst concert by the Mozart club win
Dc given this evening at Mozart hall. The
ioliowing fine programme has been arranged,
"Marguarithe am Thore" - AA4enhofev
Can'st Forget So Soon Homer RartIe1f
..rbo O.. Miss Millie Pottgieser.
Mixed Chorus
Flonn SOLO, (a( Adagio pathetique. :. GODDARD
b) "Hungaria Dance. .Brahms
Arthur Berg.
(b) SUISSE Rast $3.50. ........... .Tschiech
Male Chorus
P1ru signor." from ''The Huguenots"-
. Miss Mile Pottgieser.
Why So Dark in the Forest King
Mixed Chorus.
Duet, two vfolns and piano accom-
Ia Pastoral o. Midn,s6t 70; s ;GpoaTd
ID Serenade :
- Claude Madden and Arthur Brgh.
In the Silly Night. ........A ABB
Male Chorus.
Accompanists-Mrs. Claude Madden and
Miss Minnie Bergh
The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1898-11-06
SUES FOR INSURANCE.

Estate of Leonard Clark, of Still
water, Asks for $4,000.
The administration of the estate Of the lata
Leonard Clark, Of Saltwater, is suing the
Masonic Equitable Accident Association OF ina
World to recover the amount of s., 600 Inv
surance policy. Clark died last May aged
60, according to the bill Of complaint Of
blood poisoning, caused by an accident to
his foot.
The Masonic Equitable have refused to pay
the claim on the ground that Clark did NOE
give true statement in applying for his in.
surance. that he had been suffering for yeara
with diabetes and that his death was the
result of a surgical operation performed dur&
ing the last stages Of Bright's disease.
The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1898-11-06
Minnesota Should Have Men There and
Not the Tools of
Party.
Records of Justices Buck, Canty and rIitchell
Will All Bear the Closest
Investigation.

Of Minneapolis. Judge CAVITY decided
that the public right to the water was
superior to the private right of the
power company and that the city had
a right to take the water, Most Of the
leading cases from other courts upon
the question were against the position
taken by Judge CAVITY, but that made
no difference with him; he believed he
was right and so decided. The case
was then appealed to the supreme court
of Minnesota and they affirmed the de-