davidaulloa/AmericanStories huggingface dataset:
The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1898-05-10
ISSUE OF FACT HELD.
One Decision, Reversal, Strictly
Confines Litigants.

One Decision, n Reversal, Strictly
Confines Litigants.
Bondsmen who signed a document without
reading it find their negligence costly, in one
decision, in which the lower court is reversed
as follows:
j. E. Engstad, appellant, VS.. Jens Syver-
son ct al, respondents
In an action by creditor of an estate
on the administrators bond the breach as
signed being the failure of the administra-
tor to pay the claim upon demand after
1t had been allowed and ordered paid by
the probate court, the sureties interposed
as defense that they were induced to sign
the paper by the fraud of the judge of pro-
bate; that he presented to them printed
blank and represented that it was merely
certificate of the relationship of the ad-
ministrator to the deceased, and that they
signed it without reading it, in reliance on
these representations and not knowing that
1t was bond. The sureties were men Of
ordinary intelligence, able to read and write
and had ample opportunity to read the pa
per II they had so desired. The most casual
fact that it was a blank administrators
bond. The administrator entered upon the
duties of his Office, reduced the assets to
possession ard then removed from the state
claimed by the sureties. their conduct was
so grossly negligent that they are estopped
to deny the execution validity of the
bond as against creditors or other bene-
fciaries of the estate.
Where a case is tried upon the theory
that the only issue is to one question
of fact and the court. without objection by
the party. instructs the jury that this is the
only question submitted to them and that
their verdict is to depend exclusively upon
their determination of the question, the
party thereby consents that the case may
be tried and determined upon that one
issue, and cannot afterwards urge that the
evidence upon some other question of fact
was insufficient to justify the verdict. Or
der reversed. Mitchell, j.
Another decision pertaining to bonds is as
follows:
Theodore Safranski, respondent, VS.. ST. Paul
Minneapolis & Manitoba Railway Com
paDy ct al, appellants
Held that the evidence proved that the
sureties on a bond intended to be bound
without the signature of their principal, al
though named as such in the body of the
hord.
State v. Austin, 35 MINI. 81 and Martin
" Hornsby, IS Mimi 1S7 considered and dis
tinguished.
Order affirmed. Mitchell, ].
The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1898-05-10

The grand jury yesterday made a
partial report to Judge Bum, of the
district court. The following tue bills
Were returned:
F. c. Harrison, forgery, in the second
degree, for having uttered worthless
check on the Savings Bank of st. Paul
to Gusftave Anderson. The check was
signed &C. M. May"
Andrew McCadden, grand larceny in
the first degree. McCadden is charg-
ed with having stolen $3.50 from Frank
Webinger.
Frank Smith, grand larceny, second
degree. The charge is the theft of a
bicycle valued at SIS from A. H. Simon
Daniel Finnegan and Joseph c. Daily,
grand larceny in tne second degree
They are charged with having robbed
Baulke Bros. Of goods valued at $50.
Jeff Hudson, assault in the first de-
gree, for having attacked Archie Pet
ers, using a knife
Jack Coolin, grand larceny, second
degree. Coolin is charged with taking
S3.15 from John Madden
H. kellerman, forgery, second de-
gree, for having uttered forged
check for s. to w. H. Burden.
The following bills were ignored:
Louis Freestone, grand larceny, Sec
ond degree.
Fred Won Ingherm, grand larceny,
second degree.
He is the man who was charged with
embezzling funds belonging to the New
York Guitar Either company, but there
was no evidence against him.
Gust Thorr, grand larceny, first de-
gree.
William Rody, grand larceny, second
degree
The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1898-05-10
GREAT WESTERN CHANGES.
General superintendent Du Pu
Shifts Matters About.

iWcHSTAA superintendent DU Euy
Shifts Matters About.
Raymond Du Puy, general superintendent
of the Chicago Great Western railway, has
issued circulars, effective May 9, to the fol-
lowing effect:
TIE Office of superintendent Of transporta-
ton Is abolished.
The car service agent, in addition to hav-
ing charge of mileage statistics and tracing
of cars, will attend to the distribution of
passenger equipment and also Of freight
equipment between divisions and other lines.
Reports of time and dairy freight and re-
quests for special cars will be made to him.
He will ALSO in connection with the super
intendents, tend to the supplying Of cars for
and distribution of company coal.
A. ]. Kelly is appointed superintendent of
the Northwest division extending from Min
neapols to Oelwein, including branches and
Oelwein yard. Headquarters at St. Paul
j. Berlinkett is appointed superintendent
of the Southwest division, extending from
Kansas City to Oelwen. Headquarters at Des
Moines.
O. Cornelsen is appointed acting superin-
tendent of the Eastern division, extending
from Chicago to Oelwein. Headquarters at
Dubuque.
The first two appointments are in accord
ance with an announcement made in these
columns when Mr.. Du Puy's appointment was
announced.
The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1898-05-10
AT THE THEATERS.

al w. Martins big scenic production OF
Uncle Toms Cabin, with the famous min
strel STAR Milt. G. Barlow, as Uncle Tom,
will be the attraction at the Grand the COM
ing week.
Designed for a laughing purpose only, is
the only claim made by the author OF "A
Hot Old Time for his play, which is anus
Ing large audiences at the Grand the present
week. Tomorrow at 2:30 will occur the first
popular priced matinee of the engagement.
Of lieutenant colonel: John Jacob Aston, OF
The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1898-05-10
Chicago; William ]. Shea, MONTGOMERY. @
Craig Montgomery.

superior A. D. Miller and family, Minnesota
Marie Killeen, Lake City; W. J. Donnelly
pR oS1aon Q; M Parish. Indianapolis; 4.
Moore, Dunlap To-; W. E. Laohene Seattle.
WA, Mash; n. F; Thorpe. John F. McLaren, Du,
c 1Sit leo n W; Bristol, Milwaukee; s. P.
Anoka. - a. 11a"feHoe'
I'm ME ra;iIa IN Atchison, Great North
1kalars, LIE Sueur; E. Schmidt, North Ds.
Rotai J. 2. Doyle, Omaha: W. F. Street,
B BeWid' r q; Maelier Davenport Io A s.
Falls; j. D; Christal, Sioux City; r. S.
Lewis. w. g. Nelson. Fargo; S. b. Purdy,
La Crosse; G: W; Rose, Chicago; H. C. Han.
Il. Macomber; C. w. Taylor. Chicago; Mrs.
j. Ross, Omaha; Mrs. E. Hitler, ]. II. Phel.
s ton and wife Gns, Chicago; F. Rhomberg Du-
luth; w. J.. Kelley, Fargo; c. Hespman,
Jackson, Mich; R. L. Saunders, Hinckiey:
:; M; Corbe t. Monte Vista Col L. Poehler,
Spokane; P. g. Spence. Chicago; G. W,
Aiken Aiken. r. p; Parnum New York; l; zim-
]; 8. Ewart c. P. Maginis and wife, win.
nipeg; T. Lowry, st. Louis; T. T. Kimbali.
Fort Covington; J.. NJ. Cooper. st. Cloud; A.
York. J. P. Cooper. Eau Claire; W. Eynas.
San Francisco; G.. r. Davis, St. Peter; f.
II. Sullivan and wife. Grand Forks; H. w.
Hart, Rush City.
RYAN-M. A. Rolfe, Chicago: G. Block,
New York; A. G. Fry. New York; John B.
Hart, H. L. Geddes, Chicago; C. H. Collins,
Chicago; H. H. Jacobson. New York; Thomas
p. Fenlow, Leavenworth; Roscoe Crary, Chi
cago; II: R: Dering and wife, Chicago; r.
w. Klock, Chicago; Frank Wilson and wife,
Wadena; F.. D. Whitney. st; Joseph; C. 8.
Eowman and Wife, Chicago; D. s. Allen. N.
H. Cutes. Chicago; F. 3. Hortfeld North
field Mimi: Abbott Abbot, R. Haywood, Og-
den. Utah; H: r: Wells, Preston; H. R. Clark.
New York; D. F. M slocgmb; Chicago; J.
Chicago: o. A. Austin. cleveland; q. a.
Faatz, New York; H Weddle, New York;
T. H. Mitchell, New York; G. T. Adams.
Waters, Boston; Louis ]. Meyers, New York;
E. L. Reed, Anoka: Charles A. Allen. Chi
cago.
Kimball, Fort Covington; John R. Bowen,
CORTLAND; H. Cleyton, Wheeling W. Va
Harry p. Steele, st. Mary's. Ont; E. P.
Moore Eureka; Leonard Lynn, Craig, Mont;
Chicago; Mrs. E. MCGEE, Duluth; p. ].
Tromelty. Little Falls: Miss santee. Fair
mount.
WINDSOR. R. Grey. Duluth Mrs C. T.
Greenfield. Duluth; A. D. Davidson, Duluth:
~. j. Anderson, Chicago; NJ. II. Blade and
wife, Sank Center; Ben NJ Greirux, Chicago;
Henry W. Gutrche and wife, Chicago: z. A.
vedder New York; Oscar Foster, washing on;
M. S. Wagner, Chicago; E. L. Auben, Chi
cago: Fred Gallup, Milwaukee; Mrs. G. W.
La Pond, Milwaukee; Cant. 8. r. Miller,
Camp Ramsey; H. H. Ne Soerg Camp Ram
sey; F. s. Campbell, West Superior: D. H.
Turner, Crookston A. B. Cole and wife. Fer
gus Falls; r. ]. Woollett. st. Louis; NJ. c.
Swedberg, Albert Lea: Mrs. e. NJ. Hazard,
Albert Lea; Mrs. P. Forler, Chicago; R @.
shepherd Austin: c. s. Edwards and wife,
Alebrt Lea
The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1898-05-10
TWO RAILWAY CASES.
Decisions Handed Down by thu
Federal Supreme Court.

Decisions Handed Down by the
Federal Supreme Court.
WASHINGTON, May 9.-The SUI
preme court Of the United States today
decided the case Of the Boyden Power
Brake company versus the Westing-
house Company, holding there has been
no infringement of the patent of the
Westinghouse Company by the Boyden
company.
In the case of H. H. Rhodes, rail-
road agent at Brighton, To-, versus the
state Of Iowa, the court held that the
Iowa laws forbidding the sale Of liquors
in the state and making it a crime to
transport them, was unconstitutional
as an interference with interstate COM
merce.
In the case of Vance & Scott against
the Vandercook Company, it was held
that the new South Carolina liquor laws
was invalid as to it's inspection fea-
lures, but valid as to that part regu-
lating the sale Of original packages
within the state.
The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1898-05-10
RAILWAY NOTES.

The new 500 line tourist cars, description
of which was published in this column Ie-
Gently, will leave St. Paul for the East on
Mondays and Wednesdays.
The Mobile G Ohio road has established a
through sleeper service between st. Louis and
New Orleans by way Of Meriden and the
New Orleans & Northwestern railroad All
trains will run in and out of the St. Louis
union depot, thus practically making a
through service to st. Paul.
Local offices have received a circular sJat-
ing that F. w. Fowkes has been appointed
Western freight agent Of the Philadelphia
4 Reading Railway company at Chicago, vice
H. G. Tucker resigned
The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1898-05-10
MAKES 1T CONDITIONAL.
Northwestern Makes a Concession

Northwestern Makes a Concession
in Storage Charges.
The Chicago & Northwestern railway has
issued a circular to the effect that mo stor-
age will be charged on property remaining
in freight hai es of this company as long as
space can be spared for same without inter-
ference with the usual business
The circular is supposed to be in compli-
ance with a ruling made by the interstate
commerce commission on this subject in an
swer to a complaint made by the storage
house men, The wording of the circular.
however, is declared to be evasive and does
not comply with the commissions order, as it
does not state the length of time the freight
should be stored.
The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1898-05-10
service furnished by the different roads wa
excellent.
NORTH PACIFIC RATE. WAR
Another Effort to Settle 1t to BE
Made Today,

Another Effort to Settle 1t to BE
Made Today.
CHICAGO, May 9.-An important meeting
of the Western roads will be held tomorrow
in Milwaukee. The result may be the set
tement In the passenger rate troubles which
have existed for many months to North Pa
cific coast points,
The Canadian Pacific has for a long time
been allowed differentials on freight bust
ness to North Pacific coast points and the
Western roads have reached the determination
that the best way to bring 1t to their way
OF thinking regarding the adjustment Of
differentials on passenger business is to wipe
them out of the freight business. If the
Canadian Pacific is willing to let go its freight
diferentials 1t will have no good ground
for claiming the same thing on passenger
traffic, but inasmuch as 1t has fought SO
stoutly for It's passenger differentials 1t is not
likely that 1t will allow its freight differen-
tials to be taken away.
The outcome Of the meeting Is likely to be
that the fight between the American roads and
the Canadian Pacific will be resumed harder
than ever.
1t has not yet absolutely determined to do
away with the freight differentials, but that
is likely to be the outcome Of the meeting.
The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1898-05-10
District Court Rnutine

In the district court before Iud.o Ko,,,,
yesterday the verdict in the case of Berth .
neerks vs. the city of st. Paul. was read
me jury awarded plaintiff s295. Damages
In the case of the st. Clements Renevo,an,
society vs. Peter Zimmerman and AIois
MSeer, jury having been waived, Judge KEW
elSmlssed' upon suggestion Of plaintiff as too
The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1898-05-10
Arrested for Smoking Cigarette.

The validity of gthe anti-cigarette law will
be tested in the municipal court today, when
tried on the charge of smoking the seductive
weed in its diminutive form?
The boy was arrested at Fifth and Wabasha
youngster putting a cigarette. The lad has
been under arrest before, and Mr.. Yelling
ton will endeavor to have him sent to tiaa
state training school.
The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1898-05-10
LIKELY TO GO PUMP.
Southwestern Freight Association Is
In Bad Shape.

Southwestern Freight Association Is
in Bad Shape.
1t looks as If the Southwestern Freight
association will go to pieces This associa-
ton is composed of a number of roads be-
tween ST. Louis and Texas points. The execu-
tive officers of the member lines meet in
to stop the existing decentralization in rates
to and from Texas points. If they fail to
do so, the organization will be forced out of
existence.
The Southwestern Freight association was
organized in Chicago about three years ago
and is conducted a plan similar to THAI
of the Eastern Joint Traffic association.
On account of the decision Of the United
States supreme court in the Trans-Missouri
Freight association case, about two years
ago. attention whatever has been paid
to the agreement by the roads of the South
western association, and unless something
can be done at Thursdays meeting to insure
a stability of rates the organization is bound
to expire,
The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1898-05-10
WICKER'S BROKEN LEG

Two Stories Told as to How 1t oc-
Cured.
oo Inc police III are looking for man who is
Salons eu W VI iGreaRing Ole Wicker's leg in
Wicker claims he got into a fight with an
UNKNOWN man, who knocked him down and cd
Kick klcked MIN so hard on the leg that the
:, different version of the affair however
Is lsu told. to the effect that Wicker and q
stranger SUI were engaged in friendly wrestle'
forGe, but without intent to injure him.
me injured man is confined to his homo
76S Edmund street W -s iioiie,
The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1898-05-10
CLEARING SNOW AND ICE.
Railroads Need Only Keep Their
Yards on One Level.

Railroads Need Only Keep Their
Yards on One Level.
Railroad companies are released of the ne
cessity of clearing their yards in the following
case
Bridget Fay, Administrative of the estate
of Owen F. Fay, deceased, appellant, vs.
Chicago, st. Paul, Minneapolis & Omaha
Railway Company, respondent
Reasonable care does not require railroad
companies to remove all the snow from
their yards where cars are switched and
trains made up. If they keep the surface of
the snow practically level and do not allow
it to accumulate above the level of the rails
or in dangerous ridges or hummocks or to
form dangerous holes, they cannot be
charged with negligence (at least unless un-
der very special and peculiar circumstances
for not removing the snow or covering +
with ashes or cinders
Held, also, that in this case the deceased
must, or In the exercise of ordinary care
should. have known Of the slippery condi-
ton OF the surface of the snow and the
risks incident to such condition.
Order affirmed
The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1898-05-10
INTO NEW QUARTERS
Go the Northern Pacific and Ma

Go the Northern Pacific and M.
ttonaI Express Companies.
The Northern Pacific and National Express
companies Will move from their present To-
cation at Fifth and jackson streets, to the
new ticket office building of the Northern
Pacific railway, corner of Fifth and Robert
streets.
The two companies have been occupyins
their present location jointly since 1894, when
fees here. Before then the Northern Pa
cific Express company occupied the offices
alone.
The companies employ seven men in the
office. D. B. Newcomb is the joint agent, The
National operates over the line of the Wis
consn Central road.
The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1898-05-10
DEATHS.

MICHEL-Mary NJ, beloved wife of Fred
Michel, Sunday, May 8, 1898, aged 80 years.
Funeral from late residence, 39I Rice street.
wednesday morning. May H. at s:45 O'Clock.
Service at Assumption church at O'clock
BOULAND-In ST. Paul. at / a. m. Sunday
May s, at the residence of her sister, Mrs.
George L. Weaver, 636 Laurel avenue
Mary Adelaide Bouland, aged forty-eight
at 2:30 p. m. Tuesday, May 10. Interment
at Oakland cemetery.
The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1898-05-10
EXCURSION STATISTICS.
Figures Showing What Some Lines
Did Sunday.

persons brought in Sunday from it's West
ern division alone, at 1000. These were
transported in So cars. Two hundred disap-
pointed people were left behind, as there was
no room for them on the cars. Some of these
people had driven over ten miles to catch
the trains. The Omaha will run more spe-
Gals next Sunday, in case the troops are
still here.
The Milwaukee road brought in a total Of
1000 people.
The St. Paul Duluth carried 2,7oo per-
sons.
A feature Of the different excursions is
that not one injury has been reported. The
The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1898-05-10
Freirht Rusiness Keeps Up.

All of the Western roads are enthusiastic
over the manner in which their freight traf-
fic is keeping up.
They are unit in saying that it has more
than fulfilled all the predictions that were
made regarding 1t at the beginning Of the
year.
In Iowa and Nebraska it is said to be par
ticularly heavy.
The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1898-05-10
Mrs. wtns1ow,s SOOTHING svrup

Has been used for over fifty years by millions
OF mothers for their children while teething. with
perfect success. 1t soothes the child softcns the
gums, allays all pain cures wind colo, and il
the best remedy for Diarrhoea. Sold by Druggists
In every part OF the world. Be sure and ask for
" Mrs. Wfnslow's Soothing Syrup" and take no
other kind. Twenty-iv cents q bottle.
The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1898-05-10

Meier.
The case of Walter L. Chaplin VS.. Michael
Moriarity is being heard before Judge Kelly.
Judge Otis Is hearing the case Of Andrew
Evans VS.. the St. Paul City Railway COM
pany.
The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1898-05-10
Calling on His Agents.

H. R. Dering, assistant general passenger
agent of the Pennsylvania lines, passed
through St. Paul yesterday en- route for the
Pacific coast.
Mr.. -Dering is ON a regular tour Of in
spection and will thoroughly look over the
territory in which his line employs agents
He was accompanied by his wife.
The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1898-05-10
City Hall Jottiur..

Mayor Doran Yesterday approved the ordi-
the city and the Milwaukee road about the
ievee property and the resolution for a set
city. eiS1 'ne
Aid; Donahower filed his expense account
Tor the late campaign with the city clerk
yesterday, The account shows that he spent
ing. p
;, Building permits were issued yesterday to
q. Vlllaume for the erection Of a wooden
structure 81 on the West side to cost $1,000, and
TO SIX other persons for minor constructions
valued in the total at $1,765.
The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1898-05-10
Illinois Central EARNINGS.

CHICAGO, May 9.-Net earnings of the IL
Hpois Central for March were $75S,737, an in
crease CT $206131 The net earnings for nine
months ending March 81 were $3.50, $50, in
crease, 81, 565, 1893.
The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1898-05-10
MUST PAY THE CHECK.

Drawer Need Not BE Notified of It's
DishOnOr.
A decision that clears up contested point
as to checks is as follows:
Sphinx & Reyes Drug Company, respondent,
VS.. Ryan Drug Company, appellant.
against the drawer, to allege presentment
of the check for payment and its dishonor
Is not necessary to allege that notice of
its dishonor was given to the defendant
Order affirmed. Mitchell ].
The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1898-05-10
GONE TO MEET MIR. HILL.

Vice President Newman, of the
Great, Northern, in New York.
w. H. Newman, vice president Of the Great
Northern railway, is in New York. where he
went to meet President j. j. Hill.
1t is thought that by the time Mr.. Hill
turns to st. Paul the successor to Mr.. New
man will have been decided upon. :.
The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1898-05-10
GREENGARD WAS CARELESS.

Supreme Court Reverses His Verdict
ON That Ground.
The supreme court yesterday, in the case
OF Joseph Greengard, respondent, vs. the St.
Paul City Railway company, appellant. or
dered the district court of Ramsey county,
to enter up judgment for the defendant, not
in favor of the plaintiff.
Greengard keeps little store on East
Seventh street, between Locust and John. On
the evening OF Dec. IS. 1896. he rushed across
The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1898-05-10

usually
telegraph Sunday quantity proved poison.
family of Braden Harper
southwest Logansport branded manufac
OF family poisoned y y
eating dumpings The This should be a
child baking whchfood
of the dumping the People buy them
while mother three
children condl because he
probable that had sell profit In
vomiting empyng purchase standard
the would You
effects 1t cheap stuff do without Weare
baking making baking powders belong to
dumplngs. The wife probably this class.
added a larger amount than she
By of the of Minnesota and Wisconsin every
baking powder containing alum state the label the
fact that contains alum Every should
fully read the label the powder they using to find out
the alum powders.
themselves
The highest authorities in chemical science pronounce
alum injurious to health and destroyer of digestion.
By laws Of England it is crime put alum in bread
in any form.
MrsTE Royal Baking Powder publish above
NOEGs facts because they facts while
baking powders sold cheap they have little strength
and dear half price, say nothing of their effect
health bitter impaired
Baking Powder question
regards quality and healhfulne because of
of tartar derived only from grapes No other
received such high praise for its quality.
may the Royal with full they
only their money they get
best of tartar baking powder that be had
s- Examine label to see if you using powder
CO., YORK.
The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1898-05-10
TO cURs A COLD IN ONE DAY

Take Laxative Bromo Quinine Tablets. All
druggists refund money If it fails to cure Zoe.
The genuine has L. B. @. on each tablet.
The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1898-05-10
IT IS ARGUED TO A FINISH
SUPREME COURT HAS HEARD
ENOUGH RAMSEY TROUBLES

1t Denies q Reargument In County
Attorney AndersOn's Suit to Re-
cover His Salary-COurt COrrects
Misstatement of Facts in the
Earlier Decision Which Clears
Things Up to Some Extent.