davidaulloa/AmericanStories huggingface dataset:
The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1898-02-04
WILLPUTON MORE SPEED
MILWAUKEE, TO DELIVER EAST
ERN MAIL AN HOUR EARLIER,
Shortening Up of the Time Between
Chicago and st. Paul to- Take
Effect Sunday, Feb. I3-Great
Northern's Coast Train VIII Leave
at 100 Instead of 40.

Eastern mail will be delivered In this
city, beginning Feb. IS, an hour earlier
than at present.
Word was received by railroad off
Gals yesterday that the Milwaukee
road would week from Sunday inau-
gurate what practically means a ten
hour run from Chicago, thus bringing
the mail which now reaches here at 2
O'Clock, into the city a few minutes
before l o'clock.
While no official advice was received
to the above affect either from the Mil
Waukee officials or the pOstoffice de-
partment it is said that the cutting
down of the half day required between
Chicago and the Northwest is the re-
suit Of a desire to facilitate the more
prompt handling of mail directed to the
Pacific coast. In this connection it
may be stated that for the last two
weeks the operating officials of the
three transcontinental lines have been
figuring upon what changes they would
be required to make to establish the
quickest service in conjunction with the
fast mail from Chicago and the East.
The Great Northern officials have had
prepared two sets of plans to meet the
action of the Chicago line, and yester-
day announced that their No. 3 train to
the coast would, beginning Sunday
Feb. 13, leave at 1:30 instead of AGO p.
M. daily, as now.
One plan discussed some time ago
contemplated starting the coast train
out in the morning, to cover a certain
amount of the local business, and then
when the fast mail, which would leave
at 2 p. M, overlook the first train, con-
solidate and run through to the slope.
The expected additional business had
something to do with this, but 1t is
hoped to care for all the traffic under
the new arrangement.
The change on the Great Northern
schedule will include no other than
that mentioned at this time, and as
soon as the task of "stringing the card
has been completed, the new time Will
be announced for intermediate points,
although it is expected to be about
three hours earlier all along the line.
reach the coast at 7:30 instead of 1920
a. m.
Inquiry at the Northern Pacific yes
terday brought out the information
that. while no plan had been adopted
o. even decided upon, the existing man
ARRANGEMENT would necessitate some
such change as that made by the Great
Northern.
The increasing Klondike travel may
necessitate some changes, but as yet
nothing in the way of defln1te step
has been agreed upon.
The 500 officials declare that they
stand ready to make what changes
are necessary in their train schedule,
but will be obliged to consult with the
Canadian Pacific as to existing connec-
tons before the time is shifted from
the present schedule.
The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1898-02-04
WHAT is ORDINARY CARE.
Railroad Companies Get Favorable
Decision in the RigI, Court

Decision in the High Court.
Railroad companies are helped by the
decision in the suit of Frank Riley
against the Chicago, Milwaukee & st.
Paul railway, in which the Fire Asso-
citation of Philadelphia was named as
interviewer. The following is the sylla-
bus of the decision:
Frank Riley, respondent VS.. c., K. & ST.
P. Railway Company appellant; the Fire
Association. of Philadelphia, interviewer.
The defendant made a motion for a new
trial upon a Settled case After the
motion had been denied and an appeal taken
to this court, the defendant procured
amendments to the settled case. Held, that
correctness of the courts action in deny
ing new trial must be determined upon
made and decided.
Also, that the trial court did not err in
denying a new trial on the ground of the
alleged misconduct of counsel in making
improper statements in the presence of the
jury during the trial. Applications for
new trial on that ground are largely ad-
dressed to the sound discretion of the trial
court
In an action for damages caused by fire,
scattered from one of defendants loccmo-
tives, it appeared that the country was I'M
usually dry and the Vegetation very in
f1amable, particularly along that part of
defendants road where the fire in question
occurred; also that on that occasion there
was very high wind. The court in
structed the jury, in substance that ordi-
nary care was a relative term and depend
ed on circumstances and conditions; that
in passing upon the management of de-
PENDANTS engine they were to consider the
conditions then prevailing such as the dry
ness OF the grasses, stubble and other vege-
tation near the track and the speed and
direction OF the wind; but on the ether hand
they must give due consideration to the
necessities of the railway service and the
duty of the defendant to its patrons and
the public. Held not error. Order affirmed.
Mitchell I
The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1898-02-04
1T WOULD TAKE THEIR LOTS.
Cedar Street Property Owners Al
Iege That Against Repaving.


Iege That Against Repaving.
The board of public works listened yester-
day to protests of property owners against
the repaving of Summit avenue Minnesota
and Cedar streets. Action was deferred on
two of the three improvements until May @
On or before this date the board will in
spect the streets which 1t is proposed to re-
pave, and after this has been done will again
call in the property owners
The paving of Summit avenue from Wa
basha to Sixth street, was first taken -up
Owners of property on the avenue between
Rice and Sixth streets sent in petition ask
ing that the repaving be laid over one wear
All the owners but one between Wabasha
and st. Peter streets favored the narrowing of
the roadway to thirty-two feet between these
bouevards on both sides CT the street OF
the forty-Seven owners between Wabasha
and Sixth streets, thirteen opposed the paw
ing this year and only two favored it. The
engineer, was $5.52 for asphalt, s4G7 for brick
and S4.91 for sandstone. Action was post
poned for three weeks.
The repaving of Minnesota street between
Third and Tenth streets, was opposed by
owners representing 1918 feet out of total
frontage of 1850 feet. The estimate of tho
city engineer was S6.07 per front foot for
asphalt, $4.47 for brick and S.. 46 for sand
stone.
Out of a total frontage of 1895 feet on
Cedar street between Second and Como ay-
enue, protest was made by owners represent
ing 1000 feet against the repaving Repairs
1t claimed, would put the street in fair
condition, while san assessment for repaving
would practically coniscate the property of
a majority of the owners.
The estimate of theitcity engineer was $6.45
per front foot for paving with asphalt SAT-
with brick and o.47 with sandstone.
The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1898-02-04

Swift county, brought this action against
its county treasurer and the sureties upon
his bond to enforce an alleged liability Of
the treasurer, as being a defaulter in con-
verting to his own use certain taxes and
money, received and collected by him as
county treasurer, during his term of Office.
Part of the money SO collected by him
belonged to the county and part thereof
belonged to the state, collected by the
treasurer on sale of public lands.
Before the commencement of this action
the treasurer turned over to his successor
in office greater sum than the amount
due the county, but it did not appear that
the treasurer had commingled the state
funds with the county funds, so turned over
to the treasurer's successor in office. The
trial court, upon the theory that both state
and equity fund, had, by the treasurer,
all been commingled together in a bank
depository, and that they belonged to the
state and county respectively, pro rata,
directed a verdict for the county Of ST.
1881 as its share of the funds.
Held, that such direction was error, as
not justified by the evidence.
Also, held, that if any portion of the
fund so turned over by the treasurer to
the county, belonged to the state, the coun-
ty holds 1t as trustee for the state, to
which it must account. Order reversed.
The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1898-02-04
1T IS STILL MANUFACTURING,
Even Though the Corporation Is In
cidentaIIy Engaged Otherwise.

The Frisk-Turner company. of Min
neapolis, is fixed as a manufacturing
esta blishment by one Of the laws
passed by the legislature at its last
session. The syllabus of the decision is
as follows:
Nicollet National Bank, appellant, vs.
Frisk Turner Company ct al, defend
ants, respondents. D. c. Bell as receiver,
intervenor, respondent.
The articles Of association of a corpora
ton stated that Its business shall be the
manufacture of clothing of every descrip-
ton, and the sale of clothing so manufact-
ured, and the transaction of all other bust
ness necessary and incidental to such manu-
facture and sale of clothing
Held, that it was corporation organized
for the purpose of carrying on manufact-
uring business within the meaning of ar
ticle TO- section 8, of the constitution of this
state.
Also that the mere fact that the corpora
ton engaged in some business not author
lied by its articles of association did not
render its stockholders liable as such for
corporate debts under the section of the con-
stitution referred to. Order affirmed
The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1898-02-04
IN RECEIVERS' HANDS.

ksen appointed receiver of the Lake civ
Electric Railroad company, of Michigan CITY.
?, Indianapolis, Ind, Feb. 3.-Henry K. Nc
Harg, OF Connecticut, has begun proceedings
10 put the Chicago & Southeastern railroad
in the hands of a receiver.
London. Ont, Feb. "a receiver has been
placed In charge Of the department. store of
estimated at $1OO 600.
Boston, Mass. Feb. 3.-The Pennington
Savings bank has been enjoined from contin-
uing in business.
The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1898-02-04
AROUND THE OFFICES.

The Great Northern overland train yesterday
afternoon carried a number Of recruits from
the Jefferson barracks, in st. Louis where
the Third cavalry is stationed to Vancouver.
where the Fourteenth infantry is located
w. b. Kidder, soliciting passenger agent of
Warsaw, came to town yesterday with party
of Klondikers.
General Traffic Manager J. 7. Clark. Of the
Onlaha, returned yesterday from the East
Tax Commissioner FernaId, of the Northern
Pacific, is in the West.
The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1898-02-04
OBLIGATION OF HEIRS
With Respect TO Estates of De.
ceased Persons Clearly Defined.

With Respect to Estates of De-
ceased Persons Clearly Defined.
The estates of incompetent persons
are ruled upon in the following decis-
ion:
Francis B. Wheeler appellant, VS.. John D.
Benton, respondent.
Evidence held suficient to justify findings
that an agent granted to his principals
debtor an extension of time for the pay
ment of the debt. and that the agent had
authority on behalf of his principal to grant
the extension.
Where the expectant heirs of a person
who is non compos assume, without letter
of guardianship the management OF his
estate, which subsequently descends to them
upon his death their acts with reference
to the property will bind themselves, al
though it would not bind their ancestor if
he had recovered his mental capacity, or
his personal representatives if the property
is required for purposes of administration,
such as the payment of debts. Order af-
hrmed. Mitchell, j.
The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1898-02-04
LOOP LINE IN YELLOWSTONE.
Summer Tourists VIII Find II Ready
for Their Use

LIVINGSTON, Mont, Feb "A ten-year
lease for the operation of a transported m
by the secretary OF the interior TO i. Jaw
Hayens and w. w. uuH.phrey
The new line Will make connections with
miles from the western boundary Of the
park.
Mr.. Humphrey who returned from Wash
iEgton today, says the order has been placed
Tor an equipment of Concord coaches and
that the new line vii. be ready for business
with the opening OF the tourist season, June
/ Forty thousand dollars will be expended
on the equipment this season.
The new line will provide a loop connec-
ton through the park between the Northern
Pacific and Union Pacific, and will unques-
tonably result in a big increase in the num-
Der of tourists to wonderland
The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1898-02-04
TO PRESENT GERMAN OPERA.
Frau Heitzman and Henry De Lorme
Are in the Cast

The production of Won Weber's opera, Der
Freischuetz," which is to be presented in
German by the Mozart club on Sunday even
ing next, at Mozart hall, promises to be one
of the very best things" in the history Of
the club
Never before has the club made the active
preparations that It has made for this per
Torrance.
DAMS full orchestra, which is always
treat in itself, will be on hand to furnish the
musical part of the programme, and Prof.
Manner and his solois:s ana choruses will
do the rest.
Frau Heitzman, student of Wagner and
the possessor of a woEierful voice and
Henry De Lorme will appear in the cast
among the principals. Mr.. De Lorme will
sing his part in English instead of German
There was full dress and orchestra re-
hearsal yesterday afternoon.
The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1898-02-04
1T CITES FIVE REASONS
SUPREME COURT OVERRULES THE
FAMOUS FONDA VERDICT.

R8tlNay 0StS MI
other Chance to Show Its FideI-
ity-Fiye Rules Are Clearly
Laid Down by the States High
est TribunaI-ChapeI Sustained.
The street railway company won a
victory in the supreme court yester-
day in the case of James M. Fonda
against it for damages.
Fonda was run down by car at
Seventh and Walnut streets while
crossing the westbound track to board
a car on the east-bound. He claimed
the west-bound car, which struck him,
was exceeding the speed limit fixed in
the ordinance. The defense urged that
Fonda was negligent, and that his own
careIessness was to blame. The fol-
lowing is the syllabus of the decision:
James NJ. Fonda, respondent VS.. ST. Paul
City Railway Company, appellant
In an action by a traveller on public
street for injuries caused by the alleged
negligence of defendants motoneer in OPP
Grating one of its cars. Held,
First-That the evidence made a case for
the jury upon the questions both of the
negligence of the motoneer and of the con-
tributory negligence of the plaintiff.
Second-That evidence of the general in
competency OF the motoneer was inadmis-
sitIe.
Third-That private rules of the defendant
intended only for the guidance of its en-
ployes. and not known to the plaintiff,
were in2Gmissble.
Fourth-That there was no evidence tend
ing to show that the acts of the motoneer
were wanton and willful or that he discov-
cred the plaintiff in position of danger in
time to prevent the injury by the exercise
of reasonable care, so as to entitle the
plaintiff to recover, notwithstanding that
he might have been negligent in placing
himself in place of danger.
Fifth-The defendant having omitted to
call its motoneer as a witness, although
within reach and available, the court was,
under the circumstances, justified in in
structing the jury that. in weighing the
effect Of the evidence actually introduced,
they were at liberty to presume that the
testimony of the motoneer. if introduced,
would not have been favorable to the cause
of the defendant. Order reversed.
Mitchell, ].
The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1898-02-04
SUPPLY MILITIA UNIFORMS.
Contract Awarded by the State t
RnvyIby & Co Of This CITY

c. B. Bowlby & Co., of the Boston, were
yesterday awarded the contract for furnish
ing the national guard of the state with uni
forms for the ensuing year. The award Of
the contract was made by the commission
having in charge the purchase of supplies for
the guard, consisting of Gov. Clough, Gen.
Nuremberg and Gen. Bend
Among the firms submitting bids were Pet
tibone & Co., of Cincinnati; Henderson &
Ames of Kalamazoo. Mich; Lily & Co., Of
Columbus. O.; Cincinnati Regalia company
Armstrong & Co.. of Chicago, and other
well known firms in this line Of business
The commission decided the samples and
prices submitted by Bowlby & Co. the most
satisfactory and hence the award
This is the first time the contract has been
Ter to local firm, and in previous years
the contract went out of the state. The
uniforms and equipments will be supplied 10
the various companies on acquisitions issued
by the adjutant general.
The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1898-02-04
WILL SUE THE BoNDsMEN.
County to- Proceed Against Provi-
dent Trust Compamy's BOndsmen.

The county attorney, on behalf OF the coun-
ty is about to bring suit against the Provi-
dent Trust company and it's bondsmen to re-
cover the sum of $3.50 deposited with the
company about a year ago.
County Treasurer Edmund says that he
made demand for the money last August. but
that payment was refused on the ground
that the funds of the company were tied up
in the Allemannia bank.
Capt. Henry A. Castle is the president and
Fred n. Dickson the secretary of the Provi-
dent Trust company. The bond which the
company gave the county in December, 1896
when 1t was selected as one of the county S
repositories, is in the of $50, 600, and was
executed by the following sureties, who just:
John G. Earhoff, $40, 000; Timothy Reardon,
$4,000; Robert A. Smith, $4,000; E. Vanish,
s, 900; w. E. Knobloch, $1,000.
The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1898-02-04
AGENTS GIVE 1T UP.
Canadian Pacific Problem Referred
to Executive Officers.

CHICAGO, Feb. 3.-The meeting Of the
Western lines called to consider the ques-
ton of Canadian Pacific differentials has ad-
journed, subject to the call of the chairman.
1t was decided to report to the executive Of
ficers of the roads represented at the meet
ing that it had been found impossible to
come to any terms with the Canadian Pacific,
and to recommend that the executive officers
take the matter in hand, with view of ar
ranging for a meeting between the Canadian
Pacific and the transcontinental lines of the
United States, to be held on Monday or Tues
day of next week.
The task of arranging the meeting was left
to a committee of representatives of the
Northern Pacific, Great Northern, Atchison,
Rock Island and Southern Pacific.
The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1898-02-04
CARRIERS HELD STRICTLY
For Damages to Passengers Disem-
barking Regularly at Stations.

A railroad company is worsted in the
decision in the case of Josie Kral VS..
The Burlington, Cedar Rapids & North
ern Railway, handed down yesterday.
1t is as follows:
Josie Kral respondent, VS.. The Burlington,
Cedar Rapids & Northern Railway Com
pany, APPELLANT.
Although a railway company stops It's
train at station a reasonable length of
time to enable a passenger to get off and
he neglects to do so, yet if 1t again stops
the train and invites him to get off at an
other place. it is bound to exercise proper
care to enable him to get off in safety, and
if by reason of its neglect to do SO the
passenger is injured, such negligence is
the proximate cause of the injury.
And, although the injury to the passen-
ger is increased by reason of some prior
physical infirmity or disability under which
he was laboring, nevertheless the negli-
gence of the company is the efficient proXi-
mate cause of the injury.
Evidence held sufficient to justify the
jury in finding that defendants servants
were negligent. Judgment affirmed.
Mitchell, J.
The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1898-02-04
Mr.. Morgan Under Examination.

In accordance with an order in supple
mentary proceedings signed by Judge Bril-
s. II. Morgan, Of the S. II. Nor
gan Furniture and Carpet company, was ex
amined yesterday before referee
Mr.. Morgan's creditors allege that he
shipped a car load of furniture valued at
about $7G0, to the West, where they were
sod at auction, and that Morgan kept the
proceeds Of the sale.
In answer, Mr.. Morgan declares that he
dssrosed of only such goods as were EXEMPT
from execution.
The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1898-02-04
MAseUERADE AT COMO.
Another Evening of Examinations
and Gaiety lat the Park.

1t is expected that the masquerade at Lake
Como this evening will bring out hundreds of
the best skaters in the city. At 9 o'clock the
skaters will form In line for the grand march.
Two prizes offered, to the lady and
gentleman wearing the most elaborate cos
tune, and two to the couple who make the
most comical appearance
The ice is in fine condition, and will be
brilliantly illuminated with Japanese Ian
terms and electric lights. During the grand
march each masker will be furnished with
a colcred- fire torch, and afterwards there will
be miniature sham battle with fireworks.
The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1898-02-04
THEN HE LOOKED 1T OVER.
Traffic Man Decides That the Docu-
ment Needed Some Scrutiny.


ment Needed Some Scrutiny.
Not long ago a St. Paul traffic man, in ad-
dition to his regular duties, had to furnish
certain evidence in an important law suit.
A portion of this work he delegated to a
subordinate, and some of it was prepared
by the roads attorney. Being compelled
about that time to visit a neighboring city IN
company with other railway officials, he took
his stenographer with him. in order to dis
pose of some pressing matters he had IL. not
had time to attend to before leaving St Paul:
While the train was flying along at rapid
rate he dictated letters, signed orders and read
his correspondence, rushing it so ne could
ioin the other railway men in the car. Pres
emily his secretary handed him a paper, and,
without even glancing at its contents, the
traffic man signed his name at the bottom.
Excuse me, Mr.. -, but you'd better read
that, 1 think" said his secretary.
why, what's wrong with it?'' demanded the
traffic man.
''Nothing-but It's a voucher for $685. ex-
planned the secretary.
1.-The dickens" exclaimed the traffic man:
"Then 1 do want to look at it. l thought
it was only an affidavit.
The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1898-02-04
WHAT is DONE IS DONE.
Supreme Court Refuses to Resurrect
Dead Men.

The powers of special administrators
are limited in one decision, filed yes
terday, the syllabus of which is as fol-
lows:
E. c. Richmond, as special administrator.
etc, appellant, vs. j. E. Campbell re-
spondent
A special administrator appointed under
General Statutes 1894, sec. 44Ss and whose
powers and duties are defined by sections
44S4, Ass and 1856, is not authorized to sue
for and recover goods and chattels which
may have been fraudulently conveyed by
the deceased in his lifetime although there
may be a deficiency of assets to pay his
debts. Order affirmed. Buck J.
The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1898-02-04
Narrow Gauge News.

MONTREAL, Feb. 3-The Canadian Pa
cific earnings for the week were $472, coo; in
crease, $4,000.
New York, Feb. 81. P. Morgan & Co.
have sold in London something like six mill
lion of Reading general mortgage 4 per cent
bonds
Cincinnati, Feb S.-The Queen & Crescent
New York. Feb. at is believed the lake
and rail differential will be reduced from %
to 10 per cent.
The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1898-02-04
THIS HELPS MORTGAGoRs.
Coupons and Mortgages Are Not the
Same in Collection.

coupons ana mortgages Are Not the
Same in Collection.
Mortgages, more than any one else.
are interested in the decision of the
suprme court yesterday in the suit of
Burchard VS.. Hull ct al, defendants.
and Wells, intervenor. decided yester-
day as follows:
Kate NJ. Burchard, appellant, VS.. w. E.
Hull, ct al, defendants; Martin Wells,
respondent.
The plaintiff being the owner of a note
secured by a real estate mortgage con-
tanning power of sale, detached from
the note an interest coupon and transmit
ted 1t to an agent for collection( that being
ted it to an agent for collection that being
plaintiff herself retaining the principal note
not yet due, and the mortgage
Held, that the agent had not implied au-
thority to forclose the mortgage under the
power; that in such case his implied au-
thority was limited to a resort to such
remedies as might be pursued for the col
lection of the coupon irrespective of the
collateral mortgage. Order reversed
Mitchell 7