davidaulloa/AmericanStories huggingface dataset:
The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1898-07-02

James E. orme. appellant, vs.Wiliam Kings
ley ct al, defendants, William Kingsley, ,e-
spondent.
Syllabus-The salary OF public officer
cannot be intercepted in the hands of the
state or the municipality, whose officer ne Is,
by legal process or proceedings In favor OF
his creditors.
This rule is not changed by the fact that
such proceedings were not commenced until
after the expiration OF his term Of Office
Order affirmed. Mi oh III, J.
The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1898-07-02
DAY LOST THIS ONE.
FairmOnt Senator Fails to Get
Reversal


Senator Frank A. Day, while he won his
last suit in the supreme court, lost one which
involved more money although less political
honor
The following are the syllabi of the de-
Martin County Pank, respondent, VS.. Frank
q: pay and Ma colm Aldrich, appel an 9.
syllabus-Althougt defamatory article
appears on its face to refer to the managing
agent Of corporation individually, it may be
SHOWN Dy eXtr!nsic facts that it was pub
nshed Oh ana concerning the corporation act
ing through its agent and would be so under
stood by those who read ii. Order affirm d.
Mitchell, ].
Lena Stanek, administratrie, ETC., appellant
ana Katherine Sneda, Administrative, etc.
appellant, VS.. Albert Liberia ct al, defen-
dsnts,. Standard Life and Accident Insur-
ance Company, of Detroit, Mich, garnishee,
respondent
. sydllabus-Garnishee proceedings under G.
S. 1894, sec. 1919, to hold the garnishee lab e
as the debtor OF the defendants on its policy
insuring them against their employers LA
bility."
Held: first, where parties have entered into
vaAo oral agreement but in reducing it to
writing through the fraud Of one party, and
the mistake of the other Induced thereby,
the writing fails to express the actual agree
m rita THIS may be ground for reforming the
contract. Evidence held suffcient to Justify
the finding that at the time the defendant L
delivered to the garnishee a written release
of the polk he had full knowledge of the
contents of the instrument ~
An attaching creditor Is not in privity with
his debtor and cannot attack a transa ction
solely upon the ground ethatoit was a fraud
upon his debtor although the effect of It NAV
have been to reduce bis debtors ability to
pay.
Whether equity will ever permit a creditor
to reach fraud upon his 4hsoIvent debtor
which has depleted his assets, where the
debtor himself refuses to exercise his right
to seek redress, quaere? ~
Assuming, without deciding, that the act
of in delivering the release of the policy
was a fraud upon his partner defendant NJ,
the act was as to M, at most. merely void.
able at his election and 1t Tested with him
alone to determine whetheri1he would ratify
or repudiate the act. 9
The plaintiffs as attaching creditors, are
not In position to redress his wrong and re-
pudiate the act for him. Judgment affirmed.
Mitchell, ].
Mary q. Hall, respondent, VS.. The City OF
Austin, appellant
syllabus-The evidence justified the jury In
finding that the defendant city was negligent
In not exercising reasonable care to keep a
sidewalk in q safe condition.
The duty Of caring for and supervising the
condition of Its public streets is one which
rests upon municipal corporation as such,
and the doctrine of respondent superior ap-
plies.
The claim being that the stringers under
The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1898-07-02
The Dau We Celebrate

One fare for round trip between any two
points on the 500 Line on July End, 3Id and
4th. returning July 9TH. Ticket office 1893
Robert st.
The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1898-07-02
Bank Clearincs

St. Paul, 1851, 1O7.s4.
Minneapolis, 81. 1880.
Chicago, S21, 1891, 0l5.
New York. S179. 569, 0SS
The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1898-07-02
Bed Rock Camn Meetinn.

Mems $500 Bicycle Shoes at csc, at
80 East Seventh street.
The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1898-07-02

Horace Voligny, respondent, VS.. The Still
water Company, appellant.
Syllabus-Held, that certain requested IT,
structions to the jury were properly refu :e1
because not applicable to the evidence. judo
ment affirmed. Mitchell, J.
The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1898-07-02
Carl J. Carlson, respondent. vs.. St. Lou
River Dam and Improvement Company, al

Carl J. Carlson, respondent. vs. St. Louis
River Dam and improvement Company, ap-
pellant. 7G
Syllabus. Several miles above plaintiffs
land the defendant corporation built two dams
across the Cloquet river, and one on its trib
utary, each twenty feet high and thereby re-
water of said streams. and by means of
sluces loodgates and locks discharged said
water in large volumes into the channel Of
said Cloquet river below said dams whereby
natural and ordinary high-water mark and
thereby OVERLOOKED the plaintiffs land and
greatly injured and damaged the same.
Held, That this was taking OF the plain
tiff's land Within the meaning of the constitu-
ton Art l. sec 49, which the defendant had
no right to do without plaintiffs consent or
without first paying compen Sation therefor.
2. Conceding without deciding that the de-
PENDANT corporation under the power con-
ferred upon 1t by statute, has the right to
build dams across navigable streams for the
purpose of aiding in floating logs to market
and to mills during seasons Of low water.
yet thts right is subordinate to that OF the
riparian owner TO ha 'e his and free from
Overflow and damage caused thereby, if such
damage is the result of SO raising the waters
beyond the natural usual and ordinary high
water mark.
8. AS the defendant has Illegally caus
the plaintiffs land to be overlooked and
thereby damaged 1t, and as IT threatens and
intends to continue SO to do, an injunction
is proper remedy.
L. The trial court committed no error in
refusing defendant permission to Introduce
certain evidence, as it was immaterial. Order
affirmed. Buck, ].
William A. Dent, as Receiver of the First
National Bank of Decorah respondent VS..
Louise NJ Matteson ct al. defendants, Lou
Use M. Matteson and Charles D. Matteson.
appellants.
Syllabus-Dent VS.. Matteson ct al. 70 n. w.
R. 41s. adhered to. Judgment which is re-
covered and entered under Gen. St. 1884, sec
lions $685. 1920 and 1923, is proper which pro
vides that the plaintiff herein recover OF l.
The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1898-07-02
State of Minnesota, plaintiff, VS.. William

State of Minnesota, plaintiff, VS.. William
Ham, defendant.
An Indictment charged the defendant with
the crime Of rape, committed as follows, to
wit: THAT tat a time and place named) he
wrongfully, unlawfully and feloniously, with
out the consent of B, female of the age
of Is years, and not the wife of said de-
PENDANT forcibly ravshed and had sexual in
tercourse with the said B; that then and
there the said an imbecle and Of
unsound mind, and by reason of such i'm
becility and unsoundness of mind the said B
was then and there incapable of giving con-
sent to said ravishing and sexual intercourse,
etc."
Held, that the indictment stated facts oon-
The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1898-07-02

M. NJ. and C. D. NJ, and each Of them the
sum Of 81 G72.72 damages and costs.
Buck. ].
The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1898-07-02
w. w. Kimball Company corporation, re-

w. w. Kimball Company, corporation, re-
spondent, vs. NJ E. Brown, appellant.
Where summons is regular on its face and
is duly served the court acquires jurisdiction
of the cause. The fact that the complaint Is
not filed or copy thereof is not served with
the summons does not render the judgment
void. 1t is mere irregularity, and is waived
unless the defendant moves to set aside tho
service. Order affirmed. Buck, ].
Master Plumbers Supply Company. respon-
dent vs. Colliton Bros. appellants.
Evidence considered and held sufficient to
justify the finding Of the trial court.
-Puck T.
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1898-04-17
ARMY OF INVASION.
Will Go to Cuba In Steam Vessels
With Man-of-W War Protectors.

Washington, April 16.-It was an
nounced at the navy department to-
day that there was no intention or
necessity for the assignment of naval
vessels for the transportation of
troops to Cuba in the event that such
a step was determined upon. 1t was
explained that the war department
would have the entire charge and di-
rection of the transportation of the
military forces, Doth by land and
water. and that the quartermaster
general is now engaged in making
complete preparations for the charter
of a fleet of steam vessels for use in
the transportating OF the militia to
Cuba in the event that such a move
ment is ordered by the president.
The only part that the navy would
play in case of this kind would be
to send a suitable fleet of warShips
along with the expedition for its pro-
lection and safe conduct. The general
understanding among military and
navy officials is that the army and
navy, when the proper time arrives,
will make a joint demonstration in
great force against the Spanish
capital in Cuba and that smaller ex-
petitions will be organized for the
purpose of landing troops at Matanzas,
Santiago de Cuba, Cienfuegos and
other points on the island with view
to the capture or surrender of the
Spanish army and the establishment
of a stable government in Cuba
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1898-04-17

Manager J. ]. Trenam returned Fri
day of last week from Beaver Lake
mining district in Beaver county,
where he made an examination of the
Ben Harrison mine, regarding which
such favorable reports have been re-
ceiVed during the past few months.
In speaking of this mine, in which
connections were made a short time
ago between the incline and the verti-
cal shaft, Mr.. fireman states that a
fine ledge of mineral has been uncov-
cred between two well defined walls,
the hanging being pOrphyry and the
foot granite, IS inches of the vein be-
ing heavily mineralized quartz, while
in the ledge there is a solid body of
ore six inches in width that is a ship
ping commodity according to assays
made by Captain T. NJ. Bishop, whose
fire tests show the following results:
Red oxide, 1872 per cent copper and
S2O6 in gold. Peacock copper, 1872 per
cent copper, one ounce silver and
$500 in gold.
Thel company is now pushing work
in drifting on the vein, but this week
operations will be resumed in deepen
ing the shaft. it being the intention to
go down another 100 feet at least with
the expectation that as depth is at
tanned the whole vein Will become
transformed into u solid body Of pay
ore, ana as the present Workings are
on a level with the bed of the can
yon, and the showing is better at this
depth than it was on the surface, it
is fair to presume that as sinking
progresses the values will increase as
we'll as the size of the deposit
The Ben Harrison company enjoys
an excellent reputation in the south, as
it has conducted its operations in a
business-like manner and it is prompt
oil nN.lS lon
tons The personnel of the Organiza-
ton includes the names of men who
stand we'll in business circles in this
city, and as il is the owner of a most
promising prospect the future for the
company has a very rosy hue.
1t is understood that the Galena
Mining company, operating in the
same district and which made a ship
ment Of good ore few weeks ago, is
Just about TO let another contract for
work in the development of its valu-
able ground.
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1898-04-17
The Showing In the Sunbeam.

VIII Griffith returned yesterday from
Silver City, where he made an inspec-
ton of the reported strike in the sun
be am, which, he states, is all o. K, and
likely to open up into something big.
The find, according to Mr.. Griffith.
was made in the drift being run into
the Woodmansee ground, from the main
working shaft in the Sunbeam. The
drift had been run in on fairly well
mineralized vein a distance of 2S6 feet.
when the workings cut through a bend
in the ledge, disclosing two feet of
solid ore. The ore was then stripped
back along the tunnel for a distance of
% feet, the Indications being that the
drift has been driven along by the side
of the pay ore chute for a consider
able distance, While in the bottom of
the drift the pay streak is in place,
and the probabilities are that il Will go
to the deep, and that the ledge is per-
manent and continuous, the metallic
values showing that the mineral is
good shipping product
Mr.. Griffith also visited the Four
Aces, and he speaks highly of the con-
dition of this property, a nice show
ing of ore being disclosed in the north
drift, while in the bottom of the shaft
there is an S-inch body of steel galena
ore.
Mr. Griffith also made an examination
of the Lower Mammoth and the Rab-
bits Foot, and he states that both of
these properties are in a most fiatter-
ing condition
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1898-04-17
STATE LINE PROGRESSING.
Breezy and Newsy Letter From The
Herald's Correspondent.

Stateline. April 9.-Our winter is
past and the people of this burg are
therefore ;ubilant. We notice a great
many families coming with the spring,
quite number of buildings are going
w
I. B. Smithson, one of the owners of
the Burro. worked 90 tons of ore at
Phoebe last week that milled IS
ounces silver and S12 in gold to the
ton.
Work at Deer Lodge is at a stand
still at present waiting for the return
of DR.. Nelson. who is sick in Salt
Lake.
A. G. Bast, with a force of men
has performed assessment work on
20 claims, nine on the other side of the
divide in Nevada, and II on the State
is a pusher. and had we more men
of his calibre in our camp we would
have more activity and more mines
on a paying basis.
Con priscoll arrived in camp on
Saturday to look over the situation.
He expects to be with us this summer
and may settle in our midst and reap
a slice of the boom that is certainly
on US.
Colonel Aiken has taken his depar-
ture for California in haste to attend
to important mining business in that
state. His experts moved over to the
Stateline side from Deer Lodge, and
will sample this district thoroughly.
We have ten men working on the
Creole at present, the tunnel is in 300
feet, and in the face they have en-
countered five feet of solid ore, richer
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1898-04-17
THE PROBLEM SOLVED.
THE NEW MEDICAL DISCOVERY
TESTED.
Results of the Test In Various Forms
of Dyspepsia

Chronic indigestion or dyspepsia
while a very common trouble, has for
some time been looked upon by able
physicians as a serious thing, and that
no time should be lost in treating il
properly at the start, because recent
researches have shown that the most
serious, fatal and incurable diseases
have their origin in simple dyspepsia
or indigestion.
Diabetes is simply one form of indi-
gestion, the sugar and starchy food not
being assimilated by the digestive or
gans. In Bright's disease the albumen
is not properly assimilated.
While consumption and dyspepsia are
twin diseases, and it is beyond question
that dyspepsia makes fertile soil for
the seeds of consumption.
But the trouble has been to find a
remedy that could be depended upon
to cure dyspepsia, as it is VIGOROUSLY
obstinate and difficult to cure.
This has been the question which
has puzzled physicians and dyspeptics
alike, until the question was solved
three years ago by the appearance of
a new dyspepsia cure in the medical
world, known as Stuart's Dyspepsia
Tablets. which it was claimed was
a certain. reliable cure for every form
of stomach trouble.
Physicians, however, would not ac-
cept such statements without first CIV
ing the new remedy many tests and
carefully observing results
For three years the remedy has been
thoroughly tested in every section OF
the country, and with surprising and
satisfactory results.
Stuart's Dyspepsia Tablets can be
honestly claimed to be a specific, a
radical. lasting cure for Indigestion in
the various forms of acid dyspepsia or
sour stomach, gas or wind on stomach,
too much bile, undue fullness or pres
sure after eating, and similar symp-
toms resulting from disordered diges-
ton. Stuart's Dyspepsia Tablets were
not placed before the public until this
three years trial left no doubt as to
their value, and they have recently
found on sale at all druggists at the
nominal price of 80 cents per package.
No extravagant claims are made for
the remedy. 1t will not cure rheuma
tism. pneumonia, typhoid fever nor
but just what it is claimed
to cure, and that is every form of
trouble.
No dieting is necessary; good, whole
some food. and plenty of it. and you
may rest assured that Stuart's Dyspep-
STA Tablets will digest it.
Druggists claim for it that it is a
pleasure to recommend it to dyspeptics,
because it gives such universal salts
faction.
Little book on stomach diseases sent
free by addressing Stuart Co., Marshall,
Mich.
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1898-04-17
STRIKE IN THE CREOLE.
]. J. Marx Is Favorably Impressed
With Stateline District.

]. ]. Marx, the superintendent of the
Black Dragon, near Silver City, re-
turned to Salt Lake yesterday from a
visit 10 the promising gold camp of
Stateline in western Iron county, and,
when seen by a representative of The
Herald yesterday, stated that he was
most favorably impressed with the dis
trict, with its numerous parable! Lodges
of strong gold quartz veins, and while
he is of the opinion that more work
IS needed in the development of the
mines of the camp. still he believes
that in time this will come to the front
as one of the great gold producers of
| intermountain region.
Mr. Marx states that the Popkees
mill IS running nicely and from the
showing on the plates, which were we'll
covered with the yellow metal at the
time of his visit. he was satisfied that
the recovery was most satisfactory
The mill is running on Creole ore, and
Mr. Marx announces that a new and
important strike has just been mace
in this property, the discovery being
made in a winze from the tunnel level
at q point about $50 feet from its
mouth. This Wine is now down 20 feet
on the ore body, and the day before
Mr.. Marks departure from the camp,
the night shift extracted five tons Of
high-srade gold ore. and the indications
magnificent body of mineral. The other
Dortions of the mine are looking well,
and it is the prevailing impression
throuehout the camp that the Creole
is the making of a bonanza.
Work is also progressing on the Gold
Belt. where the showing IN the work
ines is most satisfactory. with nice
BODY of good milling ore TO draw from.
other properties in the camp are
showing undeniaole merit and large
amount of development work IS in
progress, the work being mostly done
by the owners of the claims, on which
account Stateline is not a. Mecca just
now for the unemployed. there being
more than enough men in the district
for the amount of work 20 be done.
Mr. a Popkees, the manager of the
company operating the mill and the
Creole mine. also arrived in the city
from Stateline yesterday. Nh Pop
KEGS. who has a bond on two-thirds'
interest in the Creole, stopped off at
Provo on his way TO Salt Lake and
made satisfactory arrangements with
tha Knight brothers, the owners of the
other third interest in the mine, to
work the same, the boys sharing in
the expenses and in the profits that
may accrue. The contamination of this
ceal will make it clear sailing for Mr..
Popkees in the future, and he is san
guine that he will soon be able to state
that the mine and mill are on a divi-
dend-paying basis. and especially so
ss ne has increased the capacity of
the mill. by the addition OF another
steam stamp TO ten tons of ore daily. |
Mr.. Popkees characterizes as libel
Gus the statements in circulation to |
:he effect that he was having trouble in |
the operation of the mine and mill, and |
he states that if let alone he will bring |
the enterprise through TO successful /
issue.
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1898-04-17
A Three-cornered Fight.

Word comes from Parowan that ]. r.
Johnson has filed a suit against Will
liam Brown ct al. claiming to own the
Gold Haven, at Stateline, the suit be-
ing brought to regain possession of
the property.
This promises to be a three-cornered
fight for this valuable ground, which
adjoins the Creole mine, and is on an
extension of the Creole vein.
Mr.. Brown and his associates have
made application for patent for the
Gold Haven, and Mr.. Johnson has filed
an adverse claim TO the same.
James F. Muldoon and j. j. Kelley.
also claiming to own the Gold Haven.
have also adversed Mr.. Browns appli-
cation, so that the indications are that
this strip of ground will furnish the
battle-ground for a very pretty and in
teresting legal fight.
Judge Sawyer of Phoebe is Mr.. john
sons attorney, w. c. Hall of this city
will appear for Muldoon and Kelley,
while Colonel II. L. Pickett is the legal
luminary who is looking after the in
tereStS of Brown ct al
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1898-04-17

Mining stock circles were stirred up
and excited yesterday afternoon when
it leaked out that a most important
strike had been made in the Chloride
Point mine on Lion hill, and the stock
of the company, which could have been
purchased under 20 cents the first of
last week, found eager buyers at 81,
and before the close of business hours
there was a lively skirmish among the
brokers and investors to pick up the
stock at this figure.
The strike was made about ten days
ago, but was not made public at the
time by the management for fear that
the accusation would be made that an
effort was being made to boom the
stock, but, inasmuch as rumors Of the
discovery had begun to circulate, II
was decided yesterday TO make public
the full details of the new find.
The discovery, according to Manager
Gill S. Peyton, was made in Wine
sunk from an SG-foot cross-cut west of
the main tunnel, between 500 and 600
feet from its mouth, and at a point
% feet below the former deepest work
ings in the mine, the strike compris-
ing four-foot solid body of ore. which
carries average values of $50 ounces
silver and so in gold to the ton, the
pay chute being enVirOned by large
bodies of an excellent grade of good
milling ore.
Other important developments have
been made in the mine during the past
week. During this period the COM
pany has suspended ore extraction,
while the main working tunnel was be-
ing leveled and Strengthened, and in
doing this work, ten feet of good mill
ing ore was uncovered below the for
mer tunnel level, and it is reasonable
to suppose that the ore bodies go to
the deep.
A year ago. when the Chloride Point
was organized, leading citizens were
approached with the proposition to
take blocks of stock in the enterprise
at cents share, and those who re-
fused now realize that they have
missed a fortune.
The mine has wonderful possibilities
in store for the future, and that it will
make a big paying proposition is the
general impression among those VINO
are acquainted with the property.
The strike in the Chloride Point has
greatly cheered adjoining property
owners, and the Columbia and Hercules
Mining companies are confident that
hey will eventually disclose the same
re bodies