davidaulloa/AmericanStories huggingface dataset:
The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1898-05-13

marriage, and that defendant did not. BY
his act, or by his speech, hold out to the
plaintiff. or to others with whom he talked,
that he was to marry her, then you viii
IND for the defendant"
Held, to be prejudical error
z In such case the jury have the right
when assessing compensatory damages, and
shou-d be SO instructed. to consider the
financial condition of the defendant ard his
social position and what rights and pr.vi-
leges the plaintiff would have acquired pc
cuniarily and socially If defendant had
performed his contract.
3. Whether, in order to warrant tie re-
covery OF exemplary damages in an action OF
this nature, it is necessary to a.lege in the
complaint the special facts or circumstances
relied upon, Is undecided.
4. In charge respecting the assessment
of punitive or exemplary damages in such
case the question Of defendants motives
and intentions, whether good or bad, when
entering Into the engagement or WHEN
breaking it Off, should be SO sumbittsd that
no doubt could exist in the minds OF tn
jury, as to the law upon the subject. And
the Jury should also be instructed that punt
tive or exemplary damages may be awarded
in case improper motives exist on defend
ants part, when making the engagement, II
the Jurors, in the exerciye of a sound dis
erection, believe the plaintiff entitled there
TO. Order reversed. Collins, J.
The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1898-05-13
RETURNS OF ELECTION.
City Clerk Figuring. Up the Votes
Cast.

City clerk Figuring Up the Votes
The city clerk is engaged in figuring tn
omciai footings of the election returns, ant
yesterday completed the list thus far:
For mayor, Col. kiefer Rep) received 1884
votes; DR.. Schiffmann Oem-Cit.), 1872;
W. w. Erwin Dem. -Pop), 1886: N. r.
Frost tPro), 507: Edwin Fischer Socialist
Labor, 311 This gives Col. Kiefer a
plurality of 1872 woes.
For comptroller. ]. j. McCardy Rep.)
,SS9; Anthony Yoerg Dem.-Cit.), 1923;
j. Z. Ekman Dem. -Pop.), 2,293.
First Ward-John Blomquist received vote
OF $50 for alderman, as against 6S1 for
William Johnson, the Erwinite; majority,
Second Ward-B F. Knauft got $50; ]. G.
Smith. 66s: William Rinck, 293. Knaufts
Third Ward-Terrence Kenny, $40; H. S.
Sternberg, .4S7. Kenny's majority. %.
Fourth Ward-W. ]. Donahower, 1856; Anton
Miesen, 767; j. E. Dempsey, 172 Dona-
hower's plurality, 49,
Fifth Wards. H.. Reeves, 1,088; ]. ]. Cha
son, 1,OS0. Reeves majority, 8.
Sixth Ward-M j. Bell 967; F. w. Baer,
922 Thomas You'd, 226. Bells plurality,
Seventh ward-E. p sanborn, 1877
idu;,H gsH Barton, 6s2 sanborn's ma
Eighth Ward-August Kaldunski, 1877;
Matthias Bantz, 1853; George Nelson, 1885,
Bantzs plurality, 546
Ninth Ward-John Larson, S69; E. L. Muir
ply, 1.O51: David Fitzgerald, 172. Murphy 8
plurality, 1872.
246; George S. Innis, us. Allard's plu-
ral.v. e.!
Eleventh Ward-J. w. Shepard, 1926; F. M.
Schwartz, 230 Shepards majority, IS.
The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1898-05-13
NEED NOT HAVE FLAGMEN.
Red Wing WOrsted in It's Suit
Against the Milwaukee,.


Judge Collins handed down a dec' sion
in the case of the City of Red Wing VS..
the Chicago, Milwaukee & st. Paul
Railway Company, which defeats the
city Of Red Wing in its efforts to COM
pei the railway company to station
fagmen at the crossings The case is
an interesting one, as many other Min
nesota towns have had the same exper-
fence with the railroad companies III
endeavoring to compel them to afford
adequate protection to pedestrians. TIL
syllabus is as follows:
City of Red Wing. appellant, VS.. Chicago,
Milwaukee st. Paul Railway Company,
respondent.
Syllabus. Held. under general clause
In city charter giving to the members OF
its council full power and authority to
make, enact, ordain, establish. publish en-
force. alter, modify, correct and repeal or
dinances. rules. bylaws for the govern
ment and good order of the city for the sup
preston Of vice. as they shall deem expedi-
ent and such ordinances, rules and
bylaws are hereby declared to be and have
the force OF law and for these purposes shall
bylaws, provided, that they are not repug-
nant to the constitution and laws OF the
United States or of this state; first, to Ii
cense and regulate" etc., followed by a
special enumeration of various subjects upon
which the council could legislate that no
power was conferred. implicitly or o hsrwise,
to adopt an ordinance requiring a railway
coInaany to maintain a hagman at such
street crossings such council might re
Quire.
2. Nor can the power to enact such an
ordinance be implied from the fact that the
charter granted 1.-The general powers pos
sessed by municipal corporations at COM
mon law" II.
3. Nor can TIE power be implied from the
fact that the charter confers upon the city
the care. control and management of the
streets within its limits
A. Nor can such an ordinance be adopted
or enforced as in the lawful exercise OF thu
police power of the city
5. AID amendment to a city charter which
provfdes that all ordinances of such CITY,
heretofore made shall remain in force doc s
not Validate an ordinance which was void
Ecause unauthorized. Order affirmed
Collins, j.
The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1898-05-13
CIRCUIT COURT OF APPEALS.
bulletin of the Highest Federal
Court hat One.

f1eSe1t: Judges sanborn. Thaysr ard Sh.ras
Orders Entered ,-.-.1l = - :
sos. Ex,Parte l.. p. Dawson. appellant. An
district of Arkansas Mandate staved On
motion of appellant until June 10.
So- New York Life Insurance COMPANY
VS.. Fred A. McMasteT. administrator Ap-
peal from U. S. circuit court nortberpn
district of Iowa. Motion of appellee for stay
of mandate denied S'''
1852. X. r. Beard, receiver. vs. Indepen-
dent District OF Pella City. Appeal from
U. S. circuit court, southern district of
Iowa: Passed per stipulation and reset for
hearing May "a.
1855. Aetna Life Insurance Company vs.
Hanson E. Smith, administrator. Error
to U. 5. circuit court. district of Min
nesota. Argued and submitted
1887. National Bank of Commerce in Dem
yer vs. George A. Allen ct al. Appeal from
U. s. circuit court, district OF Colorado
Argument commenced for appellant and
postponed until tomorrow morning.
The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1898-05-13
COPELAND HAD NO POWER
SUPREME COURT INvAL1DATEs
ASSESSMENTS FOR SEWERS
He Could Not Bind the City
Red Wing Loses Its Suit Against
the Milwaukee ROad-Breach of
Promise Suit Raises a Curious
Point.

Judge Collins, of the state supreme
court, yesterday handed down a de-
cision which holds that John Cope
land was never a de jure officer when
he was commissioner of public works
OF st. Paul. Mr.. Copeland, while hold
ing the office in name, levied certain
assessments, which the court holds are
invalid.
Under a special law Of 1895, Mr.. Cope
land was appointed as commissioner
of public works in the place of the
board of public works. The city au-
thorities recognized him as a proper
executive, and assessments were laid
for the construction of sewers on
South Robert, Delos, Wood and Col
orado streets and Clinton avenue
Subsequently he was ousted upon q
decision from the supreme court hold
ing the law which created his office
as invalid. The taxes for the asses
ments referred to above were not paid,
and became delinquent
The city treasurer then brought ac-
ton to compel the payment of the
taxes, and to test the validity of the
assessment
The decision leaves the present board
of public works in a rather peculiar
position. To pay for the improvements
1t will be necessary for a relieving Of
the assessment, which may result in
further litigation.
The syllabus of the decision is as
fellows:
State ex rel. City of St. Paul. relator, VS..
District Court Of Ramsey County ct al,
respondents.
/. Where person who is not and can
not be an officer de jure, because there Is
not and cannot be Office de jure to be
filled by any one, usurps the functions and
performs acts required by law to be done
by officers who exist at the time, de jure
as well as de facto, such law has not been
complied with and the acts cannot be held
valid
2. In accordance with the provisions
of Laws 1895, chapter 22S held unconsti-
tutional in State VS.. Copeland, 66 Mimi. 315,
a person was appointed Commissioner of
public works" for the city of st. Paul. who
entered upon the duties and pretended to
perform the acts of the board Of public
works until ousted in the above entitled
action. Held, that the acts of the
called commissioner in reference to local
improvement were invalid and did not
authorize an assessment for such improve
ment. Writ discharged.
The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1898-05-13
MR.. CURTIS WILLING


To Accept a Reduction In His Sal
AIRY.
The situation in regard to the superintend-
ency of schools remains unchanged 1t Is ex-
pected that the committee on schools will get
together some time within the next few days
and hear what Mr.. Curtis has to say of the
proposed reduction in his salary.
The committee on schools is composed of
the the whole school board. and any action
taken by them will virtually be the decision
OF the board.
Superintendent Curtis was seen yesterday
and said
l appreciate the situation and the fact that
the board has grave financial problem to
deal with. A man who has worked up in the
profession is naturally 10th to accept re-
duction in pay, because he feels that. in a
way, 1t places his profession on a lower
plane. 1 am 10th to give up the work I
have begun here, however, and will accept
.E,e reduction proposed by the board, really
lug the situation in which the board is
placed, and If accept it expect to stay. /
not looking for another place, nor have I
thought of such thing"
The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1898-05-13
Police Court Jottiuy~.

A. Roscoe, an employe of the Cresc mt
Creamery company. arrested on the charge of
selling cream lacking the required amount
OF fatty proportions was discharged In The
police court yesterday upon motion of the
city attorney.
The prospecting trip which brought 'B.g G.
Tom Lee and Simon Johnson. alleged VI nre-
apons confidence men, to this city Wednes-
day, proved disastrous to Lee In the pol C /,
court yesterday. when he was sen;encei TO the
workhoCse for thirty days, on the charg, of
vagrancy. The case against johnson WAS con-
tinued for further st.gation
Patrick McDonough, rel ased from Gus, ody
in the police court upon his own rec 1gni,an.e
several days ago, pending trial on the charge
OF drunkenness' failed TO appear yes erday.
and Judge Orr ordered an attachment iSsu, a
retCrnatle today.
The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1898-05-13
MINTZER ESTATE SOLD.
Probate Court Supervised It's Dis
trfbutiOn Yesterday


In the probate court room yesterday &C
Cured the sale OF the realty portion of e
estate of the late William L. M:ntzer. The
sale was conducted by TIE ST. Paul Trust co H.
pany as administrator, and ne;tsd the sum
of 81. 255.
The most va liable piece OF prcpr disro ed
OF Is located on the east side of Rob,rt
street. between Seventh and Eighth streets
1t has a frontage of twenty five feet On Ro5e. I
street with depth Of $50 ffe'. a-d was
purchased by E. F. Berrisford, al $50 Ier
front foot
Following are tae prime pal pare asals:
In Stinson, Brown & Ramseys addition: w
G. Read, one lot at $500 Joseph Koch. ore
lot at Si6l; NJ. Magenoch. enc lat a: 81 o: e.
F. Berrsford, one lot at Sis; F. NJ Wa
one lot at s130; w. c. Read, one lot 1t Sis:
E M: Ware, one lot at $3.50 E. f. Rer1is o.,
two lots at $780, Mat Rhoy, one lot at $40
Cara NJ. Ware, one lot at s35.
In Eaton & Morrisons addition: j. L.
Wicks. lot at 5000
In Amb's addition E. S. Beriisford, :s
for $3.50; E. p Bassford one lot at S,5
In Dunwell Spencer's addition: E. p.
Bassford, one lot at $40; l.. L. May, tow lot )
for $12O
In West st. Paul proper: E. F. Der i,foid.
two lots at SOS; E. NJ. Ware, one .ot at So
j. l.. Wicks. one lot at SIS.
In Marshalis addition: John F. Fi.yps tick.
one lot at $40; E. F. Berrisford. THE. lots
for $1,5S0.
Seventeen lots in Ambs addition: one ot
In Eaton & Morrson's add: tion, ard wo
pieces OF acre property the West 6 de
were not sold.
The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1898-05-13
MODERN wooDMEN PICNIC.
Mammoth Affair Planned for Spring
Park, Minnetonka.

All the camps Of Modern Woodmen of
America within radius of seventy-flye
miles will participate in q picnic at Spring
Park June 8. There are about twenty-five
camps in the Twin Cities, with a large
membership. and 1876 more camps in tho
designated territory. An elaborate programme
is being arranged. and all tastes Will be
gratifled, for there will be sports, games.
boating speeches. a competitive drill BY the
drill teams, dancing and feasting There will
be no drinking, however, except OF entirely
inoffensive beverages. for 1t was decided
early that should be a strictly dry az
fair, and anybody found with liquor in his
possession will be promptly hustled back to
the city or ducked. or both.
1t was hoped that the orator Of the day
would be William Jennings Bryan, who is a
member 9saa1n. OF the order but is making no en-
uncertainties of war. Head Councillor North
cot cot % 81 Rock Island viii make address,
spell of eioquence over the large gathering.
he new , pavilion being built at Hotel del
pic grounds there. The City Of St. Louis will
Do used Is an excursion boat. -. =
The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1898-05-13
1T HELPS THE HUSBANDS
Decision of the Supreme Court m,
to Divorces.


to Divorces
1t is not generally known that under a re-
cent decision of the supreme court of this
state VIE who sues for divorce is NOT AL
lowed almony where the husband is NOT
snown 70 nave an estate either real or per-
sonar. Inc ELECT OF this decision Is that
man may have an income OF s. OO9 or Sl1fOl
a year, but IL he has no property outside Of
m.s professional income. and he deserts his
wlIe ana leaves her with a half-dozen children
me court Is. under the decision Of juice
BUCK. powerless to make the husband contrib
ute 10 her or their support.
This Is supposed TO be the result of the
language OF the divorce statute which pro-
woes that the wife may have one-ihird OF the
to her -
Yesterday in brought by Mary Nc
DDohaid against her husband. John D. Nc
iDonaid. tried before Judge Bum. for a lin
iteu uiVorce, the question came under consid-
GRAFTON by the court. Mcdonald is a bIack
smith on the West side. He has NOT provided
awning whatever for their support since last
december and, according to his wife's testi
mony, he has been living during thai TINA
ana Tor a considerable time before with an
ON woman and spending his earnings on
the woman. His wife has been struggling IN
support herself and her children nv sswino
She Is pale, delicate nervous little woman
SSp p very much attached to her chill
uren. Her story of the neglect and ill-treaf
ment of her huswand was listened IA win
tators. ~ HPsN
ONo'ciO dppedTtu lot Mrs. Mcdonald
ana after the testimony was completed he ar
gued at some length in favor of compelling
the woman's husband to provide for her sun
port He spoke with much feeling against the
lnequitable operation of the decision OF the
supreme court In Wilson VS.. Wilson declar
ing that II was violative OF all sound publjc
polcy, ana that Ii was not the intention M
inc law or OF the courts that the evident in
tent and spirit of all existing legislation az
lectlng the rights of person and property OF
married women which modern civilized prog-
ress had called into being within IN. mast
nn1ty years should be thus disregarded Mr.
Costello further urged the court that even ~
tne decision in Wilson vs. Wilson were ~ he
,tsaroed as binding the court II should
nave no application where the relief asked TOR
was merely limited divorce; trat the pro-
VISION or the statute relating TO the sunnort
anu maintenance OF the wife in such cases
was entirely distinct from that RELATING r.
cases IN which the relief sought il thai of
absolute support and that the language NJ
the statute in the former cases did permit
tne court TO compel the husband 10 siInnnrt
ms FAMILY, even though it did not apear that
ne RAD specihc property, from the proceeds
I Oh Wnlch the court might enforce its decree
Judge Bum declared that he was disposad
70 agree with the view presented by Mr. Cos
teiio but that he would consider ALI ire an
thoriues>presented with the utmost care ana
would render his decision in few davs
The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1898-05-13
SISTERS SAD STORY.
Accuses Her BrOther-in-Law of Base
Perfidy.

ACCUSES hef bfOther-1n-LuW u bNsc
Perfidy.
Henry Brewer, a young man living at 524
Broadway. was arrested yesterday upon a
warrant charging him with running his II
year-old sister-in-la@ Annie Wilde. The
complaint was issued, att the instance Of
Thomas Wilde. of White Bear village, the
girls father and Brewer s father-in-law. -
Brewer married oneeof Wflde's elder daugh-
tiers two years ago. The couple lived together
until about five months ago, and after the
separation Brewer left St, Paul for time.
During his absence Suspicious regarding his
conduct toward Annie Wilde were aroused
through letters alleged to have been written
by him to the girl, which were intercepted by
the parents. tn I'd
County Attorney Anderson was apprised Of
the alleged circumstances in the case, and.
after an interview with Annie Wilde, who is
said to have confessed that Wilde accom-
plished her downfall 4upon the promise Of
marrying her when he could get rid Of her
sister, the warrant fer the arrest of Brewer
was issued.
Brewer was arragned In the municipal court
and pleaded not guilty to the charge against
him. The case was set for a hearing tomor-
row, but will doubtless, in the meantime, be
taken up by the grand jury.
The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1898-05-13
DISPOSED OF IN A BUNCH.
Job Lot CT Ordinances Killed IL

Job Lot CT Ordinances Killed in
Committee. - $50
The aldermanic committee on streets had a
session yesterday afternoon that resulted in
the completion Of a good deal Of good work
in the killing of q couple of dozen ordinances
that have been introduced at various times
during the past two years. 9
The ordinances involved all sorts of propc-
streets. none of them being of any material
to the city Or to- anybody else but .serv-
ing as evidence that the aldermen were doing
something for their wards gee II
They were disposed ,1bf' In q bunch and in
dorsed up to the ccufcil with the recommen-
dation that they be not passed The recon-
mendation settles the matter and the slate
for the new committee. ~ '-A
The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1898-05-13
District Coart Notes.

In Judge Kely's court yesterday tn, suit
OF Geo. p. Dawson vs.. Theo. Hamm vas
settled.
In the case Of the Swings Bank O. St p nj
VS.. Chas. NJ. Power ct a.. hearing was post
poned TO Tuesday.
Papers In the suit CT john Dss. s. Fenry
l.. and CHRISTINA Schultz promis scry n &c
for Sl,O00 were fled In the off e CT the cl rk
OF the district court, yesterday.
The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1898-05-13
BIG ORDER FOR SHOES.
Gotham & Co. Have Delivered the
Six Thousand Pairs.

Six Thousand Pairs.
Notwitt standing the fact that the troops al
Camp Ramsey will leave very shortly and
that one regiment has already been ordered
to San Francisco, the order given to the firm
of G. Gotzian & Co. has been filled and the
enterprising St, Paul firm has time to spare
1t was thought when the news came from
Washington that the boys at Camp Ramsey
would leave for the fed of battle without de-
lay that they would have to go without the
regulation pairs OF army shoes being manufac-
tured here for them.
Gotzian & Co. were determined however,
that when the troops left Camp Ramsey they
would take with them the shoes intended for
kept busy night and day until yesterday, when
the last pair of the 5000 were finished.
Gotzian & Co. are to be congratulated upon
the dispatch with which they completed the
WOrl-
The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1898-05-13

5e member OF the order long before his
uea.h tnat he had not paid his dues AMI
rolls of the lodge. W '"'
NDeErath became a member OF the lodge in
november, 1893. He died in Wes.p5alii
Germany. Dec. Is, 1896.
The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1898-05-13

The Islander suit or Jacob Lazarus VS..
samuel Fegelson resulted in verdict FIR
defendant.
Lazarus sued Fege.son for 5000 dlna~ o.
for having asserted, within The he rrg q.
others, ttat l.. = rus did not know much a out
law.
The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1898-05-13
500 Fishing Excursion RGtes

This week, Friday and SATURDAY. and e.
responding days every week during Tie rea-
son, the 500 Will sell Fishing Excursion
Tickets to fishing points on its line at very
low rates. Tickets good 10 return the fol ow-
ing Monday. Ticket Office, 1913 Robert street
The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1898-05-13

ROOMS FOR RENT-0ne G | O e advertis-
er increased his income Sis month
through s3-cent ad in the for rent column
OF The G o e; his letter to that effect is
on file In this Office.
The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1898-05-13
Women
Should
Remember.

that Lydia E. Pink
hams Liver Pills
should be taken with
Lydia E Rinkham's
Vegetable Compound.
They are: specially
prepared to {; act in har-
mony with the Vege-
table Compound, and
cure constipation and
sick headache result
ing from causes pecu-
liar to women.
The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1898-05-13
TWO COUPLES DIVORCED.

Judge Eunn UnlOOsed Some Very
trkSOme Knots.
-Four hearts that erstwhile beat as two
resumed their normal functions after passing
through the divorce mill that ground its
grist in Judge Bunn's court yesterday
Clara B. Smith complained that her hus-
band, Abraham L. Smith, had evidently for
gotten her existence, as she had not seen him
in 10! these many months. She asserted
that the burden Of carrying the name of
Smith with the master of the house fail
ing to provide. was too heavy ard Judge Bum
gave her permission to resume single bless
edness. Decree was by default.
Andrew T.. Jackson alleged inidelity in
his petition for a divorce from his wife
Martha Jackson, which was granted.
The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1898-05-13
[zI1ZI7IZR3

COLO Cure cures colds In the head. colds on the
an forms OF grip Stops sneezng, discharges from
inc nose and eyes, prevents catarrh difhtheria
pleasant little pellets absolutely harmless bnve
Saved thousands of lives and prevented much sick
ness The Munyon Remedy Company prenare n
separate cure for each disease. Al ali drugeistse
p cents vial. If You need medical advice write
absolutely free. a "
The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1898-05-13

ard-Farwell's music rooms Saturday after
noon from until 6. There will be music, and
refreshments will be served.
me central committee Of the st. Paul
christian Endeavor union will meet this even
committee will be entertained by the En-
deavorers OF the Park church, the Dayton
Avenue Presbyterian and the Woodland Park
baptist, from $50 until o'clock, when an
open meeting VIII be held Miss Levinia Mead
will speak on Japan
Miss Mead is missionary recently returned
from Lenoai, Japan where she has been act
lively engaged in mission work
The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1898-05-13
Contest on a Life Policy.

Nina Derrath has filed papers in a s. Il
to recover $1,000 from the grand lodge Son
Of Hermann. insurance on the life OF be :
late husband, Carl Derrath. who was a
member OF Freheit Lodge No "a The lodze
officials claim that Derrath had ceased to
The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1898-05-13

Mr.. and Mrs. Howard Curry, Mr.. and Mrs.
John Gavin and Mr.. and Mrs. P. ]. Conley
are representing the Northern Pacific at the
annual session Of the Brotherhood OF Loco.
motive Engineers at New Orleans.
The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1898-05-13

Miss Catherine Dunn has returned from
Los Angeles, Cal.
The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1898-05-13

March Mcdonald and family, Of BelleyiIle
have taken up their residence In st, Paul.