davidaulloa/AmericanStories huggingface dataset:
The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1898-11-15
LITTLE FALLS WATER POWER.
supreme Court Definitely Fixes the
Rights of the Company.

Rights of the Company.
In nine out OF twelve decisions hand
ed down by the supreme court yester-
day. written by Judge Mitchell. tho
court reverses the lower court. and in
one case reverses itself.
In the case of ]. c. FLYNN against
the LATHE Fails Electric and Water
company the supreme court holds that
the city council has no authority to
bind it's successors In Office ON a con-
tract for services rendered the city.
James c. Flynn, a taxpayer OF Little
Falls, brought action to test the va
lidity OF a contract made with the
water company in 1889 for city by
drants. The contention was made that
the number contracted for was an IN
reasonable number, and the cost per
hydrant was exorbitant by about 100
per cent The district court held that
the contract was binding and could not
be Cancelled within thirty years, the
length OF time for which II was made.
The supreme court reverses the low
er court, and holds that taxpayer can
maintain an action TO restrain the com
mon council from paying out money on
a contract, as this was one of the
points at discussion in the case.
The syllabus is as follows:
James c. Flynn, appellant, vs. Little Falls
Syilahus-The common council OF the city
formerly village) OF Little Falls had au-
thOrity TO meke a time contract with a water
company to pay an agreed price for speci-
fed number q hydrants to supply water for
FIRE profession. provided the length OF time
the contract was 10 run was reasonable
But held that thirty years was IN
reasonable length OF time, and that q pro-
vision In ordinance assuming to bind tho
city for that time Is void. not being within
the scope Of the authority OF the municipal
authorities.
taxpayer Of the city can maintain an
action to restrain the common council from
paying out money on such void contract.
Order reversed. Mitchell j.
In suit involving the same parties the
court holds that the city has no authority
20 shSte taxes on the water company's PROV
erty IN payment OF its liability 10 the water
company. This is also a reversal.
Little Fails Electric and Water Company re-
spondent. VS.. City of Little Falls appellant
Syllabus-The defendant city made a con-
tract with Plaintiff by which in consideration
OF plaintiffs furnishing a certain supply Of
water for city purposes It agreed 20 pay all
taxes on plaintiffs water works assessed FOR
city purposes.
Held. That this was in violation OF Article
IL, Sections l and CT the constitution OF
the state which provide that all taxes shall
be q nearly equal as may be and all property
on which taxes are 70 be levied shall have
a cash valuation, and that laws shall be
passed taxing ali real ard personal property
according 70 its true value in money.
Order reversed. Mitchell ].
The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1898-11-15
THROUGH CARS TO CALIFORNIA.
QuicE Tirle-pe<f service

Tourist car running through 70 Los
Angeles leaves Twin Citizs every THURSDAY
via The North Western I,ihs'-C.. s. P.
n & o. Ry.-the Pioaeer = rough car hEe
from the Twin Cities TO Ccl1-ornia, making
che following fast time.
Leace Minneapolis 7:ie ?. m. ST Paul 7:45
2 m Thursday. arrive Ogden 1:lo a. n.
Sunday. San Francisco s:45 a. N Monday
LIS Angeles 80 q. IN Tuesday.
Each OF these cars is accompanied through
nom starting point 70 destination by one
o. our own employees. thus irsuring every
attention 20 ladies and children. or any other
passengers
For tickets al loves rates and other IN
| FORMATION cali az 4f3 Nicolie1 avenue. Mime
aQolls. ard So Robert street ST Paul. or
address W: Teascsie. general passenger
agent ST Paul
The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1898-11-15
sHARKEY is CONFIDENT.
Expects 60 Bent CorBett by Forcing
the Fighting.


NEW YORK. Nov. 14-Tom sharkey has
furnished he following card Tor publica-
ton:
While ! 10 not make n practice % brag-
ging OF what ] expect 90 do to nay opponents
before meeting them, ! want 10 say for the
benefit ,f my friends and admirers who
may wish 90 bet money on me 20 win when
meet 1orhe't, that 7 am i'm splendid physical
shape and viii hEht the hattie OF my life
IA order 20 come out on top. My hght with
Corbett / consider the most important one OF
my ring career. and as a victory will en-
uio me 90 fight with Bob Fitzslnmons for
the championship OF the world | intend to
glve CorbCu tho hardest battle he ever had
with the hone OF winning I am training
harder for this contest than | ever have be
fore and ~ perfect condition viii win thu
battle fer me / viii have a good chance OF
getting the large end OF the purse. am
well acquainted with tho style OF fighter
/ am about 10 face. but DO not feel a
bit Rlarm,d over the result expecting as I
certainly DO. 90 be awarded the decision
before me twentieth round Is over Corbett
Is ths greatest boxer I ever fought and
while admit thai ne Is a wonder IN cley-
eTneSs, ] intend 90 try 10 beat him BY hard
nghung from the moment the bout begins
until it ends IN defeat for one u US The
aim 81 my lie Is 10 become the chAmpion
OF the world. and n 7 am successful IA
bearing Corbctt 7 viii force Fttzsimnons 10
fight nc FOR the title and az much money
as he wishes 20 bet on the outside
Tom Sharkey''
The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1898-11-15
ALBERT LEA LOSES.
Suit Growing Out of the DamminS <
OF She'll Rock River.

The court holds that, a municipal
corporation is not liable for the aels
of its agents when acting in matters
that Go not come with its corporate
powers. This is also a reversal of the
trial court. in which the city OF Albert
Lea loses.
Geo. A. Boye, appellant VS.. The City of
Albert Lea, respondent.
Syl, abus-A municipal corporation is not
liable for the tortious acts of the officers or
agents when the act is wholly ultra wires IN
the sense that II Is not within the power or
authority OF the corporation to act IN gsser-
ence to the matter under any circumstances.
But II the act Is within the general scope
OF the powers of the corporation and was
done in the execution of It's powers, but in
such negligent or unlawful manner as to
injure others. the doctrine Ct respondent SUI
perior applies and the act may be the founda-
ton OF an action In tort against the corpora
ton.
The act Of damming the waters OF Shell
Rock river. Of which Fountain Lake Is q
part. Is within the corporate powers OF the
City OF Albert Lea. Order reversed.
Mitchell J.
The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1898-11-15
ain a Persian Garden

The famous musical composition, entitled
"In q Persian Garden" will be given, for
the first time in st. Paul by the RedDath
Grand Concert company at the Central Pres
byterian church this afternoon at $3.50 and
this evening at 8:15
This extremely popular musical cycle" has
been the fall rage of London and New York
and the celebrated singers Of the Redpath
company give IT a faultless rendering and
have been receiving oyatious wherever they
have appeared. Louise Cleary whom tine
New York press have termed the greatest
American contralto,' and II. K. Reager who
has won the title of King of TenoTs," both
appear IN this beautiful music.
Special reduced rates are being made to all
SCHOOL and college students for the $3.50 mat
inee The sale OF reserved seats still contln-
ues at the Y. NJ. c. A, Dyer building, all
day today.
The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1898-11-15
AS TO CITY LIGHTING.
Board of Aldermen Is to Take
Final Action Tonight

Final Action Tonight.
The board of public works will sub
nit at the meeting OF the board OF add
el1nen TO night the semi report
showing the number and location of
the gas, gasoline and electric lights
used In lighting the streets The re-
port viii show BOIL gasoline lamps,
2644 gas lamps and 257 electric lights
now in service.
President Copeland and the other
members of the board deny that in the
specifications sent To the council any
attempt was made to hold out a dozen
electric lights. The 100 Fights submit
t d in the specifications Pres dent Cjpa-
land states, did not include the ten
which were ordered last summer
These ten the contractor refused to
put in service. owing 10 the comptrol-
Ter advising that If they were put up
the city would not pay for them as
they We're not included In the tax esti-
mate for 1898.
The Ten lights. with the additional
ten added by the joint council commit
tee on streets, will make grand total
Of 1856 for use next year. The ten lght
are located at the following points:
Three on Decatur street, one at
Eichenwald and Sixth, one at Broad
way and Van Slyke court one at Col
lege and st. Peter, one at Fort and
Tenth, one on University avenue, be-
tween Western and Arundel: one at
Clinton and Delos, and one at Eighth
and Rosajbel.
The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1898-11-15
MINOR RAILROAD NOTES.

Gross earnings OF the Milwaukee road for
the first week in November aggregate sS4s :
sSl. an increase Of $2l.3fs over the same week
last year
Henry q. Plant, president OF the Plant sys-
TEN. embracing railroad and steaTnshin INES
Is Ill IN New York. He Is eighty years old
Railroads have authorized a rate Of one fare
ana third for the round trip from points in
the state on account OF the annual meeting
OF the Southeastern Minnesota Educational
association at Wfnona, Friday and Saturday
Nov. Is and 70.
The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1898-11-15
HOLDS ONLY HER PART.
Attachment Against Estate Only
Hold. widows share

In the case OF W. r. Merriam and
others against John Wagner, as sherif
OF Ran sey county, the court says an
attachment against the estate OF John
l. Merriam, shared by his widow. does
not hold.s but an attachment brought
against her interest in the estate would
be valid. The syllabus is as follows:
Wm r. Merriam ct al. appellants VS. John
wagner, sheriff Of Ramsay county, re-
spondent
Syllabus-M. provided IN his viii that his
executors shoulc set apart out OF his estate
interest bearing securities sufficient 10 PRO
duce an annual lccome OF s.. co per sanura
which they should collect and pay over to his
wife Curing her natural life: that upoa her
death such securities 10 be he'd by the ex-
ecutcrs as 4 part Of the residue Of bis estate
and go 10 his reSi3aary iegatess. The exeeu-
tors were given Dover TO sell any of the Sc
curities for the purpose Of reinvestinr tha
proceeds The executors set apart for ia
purposes OF this trust certain corpors y STOCKS
The balance of the estate has seen fIIIlv
administered and distributed under TIE dreI
order Of The probate court, by which tie
The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1898-11-15
Jennings Races.

WASHINGTON. Nov. 14-Results:
First race, five and a half furlongs-Han-
Ion wen, Tinker second Dogtown third.
Time 1:12 I-5.
Second race. FIVE and a half fur!ongs-Red
Spider won, Sagacity second, Neuberger third.
Time, ia 10.
Third race six furlongs-Lady Lindsey
wen. Exception second, Frances Booker third.
Time l:1s.
Fourth race. one mile, selling-Maurics
won. Her Own second. Niger Baby third.
Time, 1:4S 2-5
Fifth race, six furlougs selling-Roys:erer
won. Compensation second, Fast Black third.
Time III Is.
Sixth race mile and sixty yards-Kinnlkin-
nick won. Charentus second. only two start
ers. Time. LIZ.
The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1898-11-15

securities referred to were assigned n III.
executors as trustees. The coEdifions of 80
trust are still unperformed. the widow Of N.
still living. R. is one OF the residnary "a
satees under the will
He'd, that while R. has vested intsrs.,
In this fund, yet so long as the title IN anS
dominion over these securities with nauer "a,
sell She same vested in the Trustees and
the conditions Of the trust In favor of the
widow are not fully performed, r. has M A..
tachable interest in the specific Securities
Also that the trustees may maintain an ar
ton to set aside an attachment on as inter-
est in the securities for the reason that Il
Is liable 70 embarrass and hinder in the
t-Mitehell /
The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1898-11-15
TIMM0NS HAD A CLOSE CALL
HIS WAGON WAS RUN DOWN BY A
TRAIN AND HORSES KILLED
He Waited for Great Western
Freight Train to Pass, md Their
Drove I'm Front of a Suburban
Passenger Train.

William S. Timmons, a driver in the
employ Of the Consolidated Bottling
company, narrowly escaped death IN a
railroad accident, in which his wagon
was ground 10 pieces and two horses
killed by Great Western motor en-
CINE at the crossing at Plato and
Starkey streets shortly after o'clock
last evening Timmons was thrown
some distance from the wagon when
the collision occurred and thus escaped
the wheels OF the engine. His only In
juries appeared 10 be a general shaking
up resulting from the heavy fall
When taken to his home at South Wa
baSha and Colorado streets, he was
able TO walk from the patrol wagon to
the house.
According to Timmons' story he had
waited for a freight train TO pass and
drove on the tracks without seeing the
approaching motor. which ran him
down before he could escape the dan
ger. The motor was coming towards
the city In charge of Engineer Cogren-
The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1898-11-15
SOLD UNDER MORTGAGES.
Big Block of Realty at st. Paul
Park.

Judge Lochren signed orders In
twelve suits yesterday, confirming the
sale Of real estate by the receiver of
the American Building Loan and In
vestment association, w. K. Sullivan.
The property is situated In st. Paul
Park and the proceeding is the formal
closing of a disastrous adventure OF
boom days
The st. Paul Park Investment com
pany could not legally give notes or
sign mortgages and the individual
members Of the association gave note
and mortgages 10 the American society
When the latter went into the hands
Of Receiver Sullivan he proceeded to
realize on the St. Paul Park loans and
brought action against George w. Shee-
han, II. O. Sproat A. B. NeWburgh
{. b Morrow, Daniel Mcdonald, j.
J. Egan, D. 7. Vose and several others
and in pursuance to an order sold the
property in litigation for a sum ap-
proXimating s23 900. The gale is affirm
ed in the orders issued yesterday
The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1898-11-15
NEWS OF RAILROADS
CHANGES IN THE GREAT NORTH
ERN ARE OFFICIALLY AN.
NOUNCED BY CIRCULAR
WISCONSIN CENTRAL FINANCE
Application Made for Authority to
Issue Additional Receivers Ger
tthcates Is Taken Under Advise
ment by the COurt-The Con-
tract for a New Southern Line Il
Awarded,

The expected changes in the operat-
Ing department Of the Great Northern
system were announced by circular yes-
terday. Three division superintendent
are dropped. Cornelius Shields, who
has lately had charge of the Spokane
FANS & Northern acquisition OF the
Great Northern, is given enlarges pow
erS. He becomes assistant general sup
erintendent Of the Western district In
place or Il. H. BTftton, transfer The
montana division, which formerly was
Known as the middle division. is adsiei
to his territory
q. r. Martin, formerly superlnten-
dent OF the Montana division, left the
place some time ago
NO one is named to succeed Mr.
Shields in charge of the Spokane Falls
&c Northern branch system.
The circular is issued by General
superintendent Ward and approved by
President James ]. Hill. The changes
noted in 1t are effective today as fol-
lows:
c. Shields. assistant general superintendent
Western district vice F. H. Brit;on trans
ferred.
F. H. Britton. superintendent Dakota divis-
ion, vice J. Russell, resigned
j. M Davis, superintendent Montana di-
vision, vice L. d. Button, resigned
W 7. Tyler, superintendent Breckenridge
division, vice J. NJ. Davis transferred
L. b. Allen, assistant superintendent Fergus
rails division, vice w. 7. Tyler, promoted.
&. E Lilee, assistant superintendent
Northern division, vice W. D. Scott, resigned
General Superintendent Ward ap-
POINTED William n. Neff as his chief
clerk to succeed F. J. Mclean, who
leaves to become chief clerk to Rus
sell Harding, vice president of the Cot
ton Belt system.
Mr. Neff wac fOrr,,arlx, q oIaySx iv +ba
office of the general superintendent in
St. Paul, but lately was chief clerk
in the Office OF the division superin-
tendent at MelrOse.
The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1898-11-15
To CALIFORNIA; without Change Via
''Ths MiIVSMukee."

On every Saturday during the winter an
elegant Pullman Tourist Sleeper will leays
Minneapolis tS:25 a. n.y. st. Paul (S:S5 a. nj,
and arrive Los Angeles, California, at SIS
q. IN. following Wednesday.
Via The Milwaukees" famous ''Hsdrick
Route" to Kansas City. thence via the A.,
T. S. F. Ry. through Southern California.
most delightful winter route to the coa ST.
Quicker time Is made via this route be-
tween st, Paul and Minneapolis and Cali
fornia than via any other line.
Rate double berth, $500 through from
st. Paul and Minneapolis
Leave St. Paul and Minneapolis every
Saturday morning. arriving Los Angeles
every Wednesday morning.
For berths, complete information and low
est rates. amply TO THE Milwaukee,. agents
st. Paul or Minneapolis, address
]. T. CONLEY
Asst Genl Pass. Agt.,
st. Paul. Mimi.
The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1898-11-15
Lakeside Races.
CHICAGO. Nov. 14-weather cloudy; track

CHICAGO Nov. 14-Weather cloudy; track
muddy. Results:
First race. eleven-siXteenths OF mile
Sam Lazarus ESD won Philias second
Hopkins Choice third. Time, 1:12z.
Second race. one mlle-Hardly won. Graz
leila second, Patron third. Time. l:47A.
Third race six furlOngs-O' Cornell won,
Imp second. Time Maker third. Time. 11712.
Fourth race. seven furlongs-Locust Bios
som won, Canace second, Regal third. Time.
1874.
Fifth race. SIX furlongs-Evelyn Byrd won.
Mr. Johnson second AntiqUary third. Time.
1:i7M.
Sixth race. one and One-siXteenth miles
Double Dummy won. Bishop Reed second,
Debride third. Time, 1:55n.
The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1898-11-15

Much anxiety has been caused IN Naples By
the renewed activity Of Mount Vesuvius. An
oyerwhelm ming danger Of this description pro-
duces universal terror. AS a matter Of fact
there Is little likelihood that Mr.. Vesuvius
viii do any serious damage. On the other
hand thousands de daily from stomach AID
digestive disorders. who might have survived
had they resorted TO Hostetter's Stomach Bit
tiers. II is the greatest OF known tones for
stomach and digestive organs. II cures kid
ney, Ever and blood disorders.
The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1898-11-15
CANNOT GET A HEARING.
Authorities Keep Holding Nicholas
kauth for Unknown Reasons

kauth for Unknown Reasons.
Nicholas Kauth. arrested the charge Of
stealing the watch taken from Arthur MddiS-
ton, the night the latter was murdered in his
tea store on West Seventh street, ard who
gave much valuable Information about tue
murder to the authorities, was arraigned Tor
the third time in the police court yesterday
Through his attorney, NJ. J. Costello. the
accused demanded immediate hearing and
when this was refused, upon the request OF
the prosecution for more time the prisoner
asked 10 be discharged. His attorney claimed
there was no evidence against Kauth upon
which he could longer be held without a
hearing. The case, however, went over until
Friday and Kauth was sent back to the
county jail
Kauth Is being held on the theory that he
knows more Of the murder than he has told
and the authorities hope 10 extort a con-
fession from him By keeping him in jail.
The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1898-11-15
BIG NEW ENGINES.
Northern Pacific Gets the First of
It's New "C0nsoIs."

Northern Pacific Gets the First of
Its New "COnsoIs."
The Northern Pacific received yesterday
from the locomotive works at Schenectady a
consignment of new freight engines
The order placed with the engineering firm
is for fourteen consolidated engines. larger
than any now in use the road. and eight
ten-wheel engines.
The consolidated engines are intended for
use in hauling heavy freight trains in the
mountain district They were built in &C
eordanos with specifications furnished by the
Northern Pacific. There are four drivers on
each side. hfty-lve inches in diameter. The
total weight of one of these engines is 1856 900
rounds, of which 10000 pounds is over the
drivers. The boilers are seventY-two inches
at the smaller diameter The fire box Is ten
feet long and forty two inches wide. The
water tank has capacity of $500 gallons
The ten-wheel engines are intended for
fast freight service. They are also in spe-
cial dasign
The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1898-11-15

Alfred SchneIl. formerly in the employ of
Albert Spangenbsrg a butcher a. West Sew
enth and Ramsey streets. was arrested yes
tsrday on warrant sw6re cot by SDangen-
berg. charging HIM WITH n.isappropriating
s115 f8E
The alleged theft IS said 10 have taken
Schneil had in his uossessi5n sf25 OF the firm :
money. which he failed to- turn ever. Schaeil
pleaded not guilty. and has secured q contin-
usnce until next NoDSAyt
The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1898-11-15
MIR. HENDRICKS FUTURE.
No Danger of His Removal to the
b. 81 o.

The report that General Manager Kendrick
of the Northern Pacific, will accept like Of
fee with the Baltimore & Ohio railroad. is
looked upon absurd by Northern Pacific
officials here
II Mr.. Kendrick has been approached 10 90
TO tbs Baltimore Ohio. 1t is 10 I'LL a more
important position than that of general man
ager. His position and salary with the NortA-
ern Pacific are better that he could expect in
Ike place with the Baltimore & Ohio.
Mr.. Kendr1ck says there is no truth in the
story.
The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1898-11-15
A Badly Sprained Arm.

Houston, Texas. Feb. =, 1898.
DR. RADWAY & CO.
Dear SiFs-August 18th last / had a badly
sprainsd arm. After using six different Cwhat
were called remedies. ! never got relief TIL
used Railways Ready Relief which eased
Ny father. who Is Sc years Cd says: Rad
ways Ready Relief and Railways Pills ara
the best Of all medicines" We keep them IN
the house the year around. Respectfully
THOMAS HANSBOROUGH.
Special PolSce Cffv Hall
The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1898-11-15
Carl Wagener,s Case.

Carl Wagner arrested al Breckenridge and
being implicated vita Terrenee Fancy IN
swindiing Ludwig Nelson out of Slz5 on a
'feon" trick. WIS errsigned in the municipal
court yesterday. He pleaded not guilty and
was held In s. 900 bah until Soy. e. when
Fancy wiz also be given = hearing
The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1898-11-15
TO RAISE TRACKS.
ALI Grade Crossings In Southeast
Minneapolis to he Abolished.

MINNEAPOLIS, Nov. IA great railway
Improvement Is about to be inaugurated in
Minneapolis. 1t will be the greatest In the
history Of the city, with the single exception
OF the lowering Of the Great Northern and
st. Louis railway tracks IN Fourth avenue
north. The improvement contemplates the
aoolishing OF all grade crossings in Southeast
minneapolis and involves the Northern Pa
cine, the Chicago, Milwaukee & st. Paul and
the ST. Paul 6 Duluth railways. What IL
viii involve financially has not yet been
determined, but the sum total will be a vast
one.
The city council has already made legal
start on the work. At a recent meeting OF
that body the ordinance providing for
aboltshing the railway crossings at grade
was read in far as 1t effected the North
ern Pacific road. which is the one particu-
larry interested. The others are of minor
consequence In this case although their ex-
penditures In complying with the city re-
quirements will be heavy
The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1898-11-15

draw. This was giving Gouiette much the
worst Of it, for he had fairly earned the de-
eision. making a chopping block OF Hopkins
Tor the first fifteen rounds After that the
night wac more even, Hopkins having 2 shade
the better OF some Of the rounds Hopkins
was six and one-haH pounds over weight
when they weighed in, GOulette being 124lz
and Hopkins I3l1z