davidaulloa/AmericanStories huggingface dataset:
The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1899-01-07

fire apparatus responding to an alarm
of fire was passed.
The health commissioner was au-
thorized to employ two men as garbage
inspectors at a salary of $50 each per
month, the compensation to be paid
from the general fund.
Lexington avenue. from Summit ave-
nue. to Comot park. was by resolution
placed under the jurisdiction of the
park board for the purpose of having
trees planted and making such other
improvements as will make it a park
way.
Preliminary orders were passed for
the paving of Summit avenue from
st. Peter to Sixth street, and Sixth
street from College to Smith avenue.
The street railway company was d.
rected to stop its cars on the Como
interurban line at Van Slyke avenue,
just east of Argyle street
The market master was authorized
to employ a fireman for three months
at salary OF $40 per week.
The resolution passed by the assem-
bly,. directing the removal of the sheds
on the north side of the Market house,
was referred to the committee on pub
lie buildings.
Phe contract of the st. Paul Gas
company. together with a bond in the
sum OF $lUO,uUV, lufnlSneu Dy the VA
tional Surety company, was approved.
Kenneth Clark is the resident vice
president of the company in st. Paul.
Final orders were passed for the
matchmaking of Sherburne avenue
from Rice to Cedar street. and the
paving with asphalt of Sherburne ave-
nue. from Cedar street to it's eastern
terminus The cost of the improve
ment is estimated at $7400. of which
1900 is for the macadamizing and So
500 for the asphalt.
,Fhe bond of John NJ. Carlson, as a
member of the water board. in the sum
of $4,000. given by the National Surety
company, was approved.
The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1899-01-07
HELD UNDER THE BOND.
Former Assignee Who Did Not Ac-
count for His Funds.


count for His Funds.
Judge Bum in the district court yesterday,
filed decision in favor of the plaintiff in the
case of Charles ]. Berryhill. as substituted
and NJ. A. Macarthur, insolvents, VS.. Aiexan-
der NJ. Peabody and Charles E. Clarke, Mat
thew Hale, Frederick Hale and Mary E. Hale,
as executors of the estate of Henry Hale de-
ceased. The action was brought by Berryhill
as substituted assignee, to recover from Pea
body and his suretes sum of money to the
estate of Bristol & Macarthur not turned over
by Peabody while acting In the capacity OF
assignee.
The court finds that the plaintiffs are en-
titled to Judgment against the defendants in
the sum of S2,31S, with interest since 1892
1t appears that Henry Hale was one of the
Sureties the defendant Peabody's bond as
assignee of Bristol & Macarthur in 1885. Part
of the estate was distributed in 1888, but there
balance left in the hands of the
signee of 50 394.S1. In January 1890, Peabody
paid out of this sum a Judgment that had
been obtained. amounting to 81, 076o5 Janu-
airy, 1892, according to Judge Bum, pea
body unlawfuly converted the balance of said
moneys to his own USE
Peabody became insolvent in September
1892 and made an assignment for the benefit
of his creditors. He has never accounted
for the money.
Hale died in 1890, and his will was admitted
to probate in January, 1891 In February the
against the estate to six months, and the
estate has never been settled. Peabody was
removed from his position as assignee In
March. 1897, and the defendants executors
claimed that the action brought by Berryhtll
was barred by reason Of laohes.
The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1899-01-07
THOUGHT Death. HAD HIN.
Joseph N. Chenet,: Of Syracuse.
Tells Of a Terrible Expert
ence. How He Was Saved.

SYRACUSE. Jan. ns.-Joseph N. chenet. of
this city. tells of asSterrible experience. He
thought Death had him. but he is alive and
perfectly we'll today. ~
Mr. Chenet was IN extremely bad heath
and went to celebrated Erie specialist for
treatment, When he told the specialist that
he had Diabetes of four years, standing. the
great man changed Ieolo1s and after examina-
ton said: Go home and enjoy what COM
fort you may. YOU have but a few weeks
to live" An operation was recommended, but
the specialist said the patient must be strong
er to undergo 1t. Mr.. Chenet adds:
Il kept growing weaker and weaker 1
thought that Death had me sure One day
my sister in Winnipeg sent me a paper in
which l saw the wonderful cure of DR.. 70.
A. Rose, who was also afflicted with Diabetes.
That gave me hope. I got six boxes of
Dodd's Kidney Pills, and began taking them
Before I had finished taking the frst boz
my organs were we'll and strong The doc
tor would not believe / was cured until he
made personal examination Thanks were
due to Dodd's Kidney Pills.
There is no case of Diabetes. or any other
disease arising from disordered kidneys that
Dodd's Kidney Pills cannot cure.
The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1899-01-07
NOT A NUISANCE.
Smith Avenue Car House So Decided
by the Supreme Court.


by the Supreme Court.
The supreme court yesterday decid
ed against Frederick j. Romer. who
sued the company to compel the abate-
ment of a nuisance. as he called 1t, in
the maintenance Of a noisy and night
screaming power house adjoining his
property. go
There was little dispute as to the
facts of the noise and the late hours
kept by the company's '..owl' cars but
there was considerable contention as
to the rights and wrongs in the mat
ter. The company contended that the
shops and car houses must Of neces-
sity be located somewhere. in the. city,
as it had not the right 10 operate lines
beyond the limits thereof. 1t was
further contended that even had it the
authority. the location of car or power
houses there would be impracticabl BILE
with respect to furnishing the people
the proper facilities for travel. :, The
court sustains this contention, ruling,
while it admits that the car barn is
not a pleasant neighbor, that people
who enjoy the advantages of urban
life must put up with it's accompany
ing disadvantages and discomforts.
The syllabus Of the decision follows:
Frederick J. Romer, appellant, vs. The st.
Paul City Railway company. respondent
Syllabus-The defendant has for some years
maintained and operated by public authority
a street car system. in the city Of st. Paul.
the motive power of which is electricity
AS a necessary incident TO such operation
1t has maintained car barn in a residence
district, for the purpose OF storing part of
it's cars when not in use on the streets. The
barn fronts on Ramsey street with its sides
abutting on Thompson and Smith avenues
respectively. 1t is not authorized to operate
its system on these avenues. but it has, with
out any negligence in the premises, laid
tracks and curves thereon over which it
runs from early in the morning until late at
night, it's cars to and from the barn. Such
operation of it's cars over such tracks and
curves causes loud and disagreeable noises
whereby the rest and comfort of the plaintiff
are disturbed and the rental value of his real
estate abutting the street and avenues is
materially reduced Held constituting the city
ordinances granting ITO the defendant the
right to operate it's street system, that
1t is authorized to so lay and operate the
tracks and curves on the avenues.
Held further upon the undisputed evidence
that the location of the barn is not an i'm
proper or unreasonable one, and that the
acts of the defendant do not constitute
private nuisance for which the plaintiff can
recover damages. Order affirmed.
Start, c. J.
The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1899-01-07
IN THE PUBLIC SCHOOLS.
The Annual Meeting OF the Teachers
Association Was Postponed.

Association Was Postponed.
Mrs. Burbank delivered an interesting ard
instructive lecture yesterday afternoon, in as
sembly hall of the Central high school before
large audience of teachers and others, on
How to Judge a Picture" The lecture Is
the first of series of art lectures which will
be given for the benefit of the teachers this
winter.
The literary classes conducted by Miss New
son will hold initial meeting this morning
at the Central high school. Future meetings
will be held on each alternate Saturday.
The German School Literary society he'd
its regular meeting yesterday The following
had parts on the programme Mae Williams,
Kateia earle, Lille Lee, Gyda Hanson and
Christ Hanson.
The alumni of the German school have un-
der consideration several propositions, which,
If carried out, will revert in substantial way
to the welfare of the school. The school is
the only one in the city which has outside
closets. A meeting will be held in the near
future and the patrons of the school invited
to attend for the purpose of forwarding a re-
quest to the school board that the school
be given some more modern conveniences
The debating society of the Central high
school Yesterday completed the staff OF the
high school World: Those who carry en-
the paper are: Editor in-chief, Dwight Ed
wards; editorial board, Erma Fischbein,
James Muir, Edith Mcmillan, Katherine Abb
bott and Catherine Stoughton; personal edi-
tor, Florence Schau; local editor Nancy
Wood; athletics William Manley; notes from
meetings, James Ballard: exchange editor
Edward Gauger; alumni editor, Paul Hevener;
business manager, Douglas Mann; advertising
manager, Jay Gran; agents, Edwin White. Ber-
nard Dougherty, Guy Stoughton, Edward
McAdam
James Ballard was elected vice president Of
the society. in place of James Muir, resigned
The Literary Academy of the Central High.
at their regular meeting yesterday, discussed
the subject Resolved That the prevalence
Of fiction in modern literature is more bene-
fcial than harmful The affirmative was
supported by Douglas Mann, Edmund Camp
bell and Esther Golfer; the negative by Grace
May, Ruth Mckinley and George Whitford4
The judges. Mary Smith. Estelle Young and
Barry Dibble,s decided in the Affirmative
Prof. Bryant yesterday gave notice that
students who had completed one of the high
school courses could enter the state university
during or before September, 1899. without ex-
aminations, but that thereafter state high
school board certificates would be required
in eight of twelve subjects.
The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1899-01-07
and Char,es G Rapp. appelIants

and Charles G. Rapp. appellants.
Syllabus. In an action by creditor,
upon bond given by the sole heir at law
to secure a decree of distribution OF the
estate of the decedent to her, which has
conditioned to pay the debts of the deceased
and the expenses of administration, the sur.
bond supposing 1t to be the bond of the ad-
ministratrix as SUCH and not as heir to Sc
cure the distribution of the estate. No fraud
they neither read the bond nor made inquiry
as to its provisions or effect. The probate
court made the decree of distribution upon
the faith of the bond. Held that the suretie,
are estopped to deny the execution or valid
ity of the bond as to creditors.
2. Held. that the evidence sustains the
the probate court made the decree on the
faith of the bond that plaintiff was a cred
itor of the deceased, and that his cause of
action was not barred by the statute of limi-
tations Judgment affirmed. Start, C.. J.
The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1899-01-07
DULUTH CITY VICTOR
In a Suit Which Sought 10 Invali-
date an Assessment.

In suit w n1fh sought 10 lnNalI-
date an Assessment.
Duluth assessment case was decided yes
terday for the city,
Ann E. Morey appellant, vs. City of Duluth,
respondent.
Syllabus The charter of the city of
Duluth relating to assessments for local i'm
provements, S. L. 1887, chapter 2, subchap-
ter 5, construed, and he'd: That the lien of
the assessment on the land benefited by the
Improvement is paramount to all other inter
ests therein, including prior mortgage or
other liens thereon; and further, that mort
cages are Included in the terms persons
Interested" and owner as used in the char
ter and may appear and oppose the con-
firmation of the assessment and the entry
of Judgment therefor, and that if they fail
so to do they are concluded thereby.
q The city acquired by deed from the
fee owners a strip of land upon which the
plaintiff had a mortgage, took possession of
it, opened and improved it public street
and assessed the cost thereof on the abutting
property without first extinguishing the plain
tiff's lien. Held that if the assessment
prematurely made 1t defense which the
property owners might have urged in resist
ing confirmation of the assessment and the
entry Of judgment. but it does not affect the
validity of the judgment. Order affirmed
Start. c. ].
The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1899-01-07
Annual Sale
Of CottOns.

In connection with the Linen
Sale we are having great sale of
Muslins and Sheetings. Some of
them at less than mill prices.
Three examples to show how
prices run:
Genuine Fruit of the LOOM p
yard wide Bleached Muslin AC
The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1899-01-07
WEATHER CALENDAR.
The Invention of C. e. Wales Looks
Like a Winner.

c. E. Wales. Of Minneapolis. has issued
what he calls the Worlds Weather Record
Calendar" 1t is claimed that it will test
the memory of the oldest inhabitant;'' at
a glance answer almost any question regard
ing the weather in any part of the world :
cradle one to keep a complete weather
record requiring barely a minutes time each
day 1t will compare today's temperature
with the normal, the highest ard the lowest
temperature on this or any other day. at
the proper time give warning of approaching
fEosts; assist in making weather predictions
compare our climate with that of any other
state or foreign country; tell where highest
and lowest temperature was recorded in
every state or foreign country. 1t will give
definite information regarding the precipfta-
ton in all parts of the world, and exolain
the work of the United States weather
bureau
The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1899-01-07
INSIDE AND OUT.

What bath does for the skin Beeehams
Pills do for the bowels only they go at it in
a different way Beecham,s Pills act with
out pain or gripping. They gently stimulate
the bowels and rouse the liver into healthy
action.
Ii your tongue is coated or your breath is
FOUL if you have bad taste in the mouth,
hot and throb5ing head, poor circulation.
backache, hushes of heat, piles, torpid liver.
or jaundice-your bowels need the gentle,
thorough cleansing that Beecham's Pills alone
can give.
that these Pills the most popular remedy
on earth for constipation and its kindred dis
orders.
The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1899-01-07

Stable Declared q Public Nuisance
1t Is an Essential to the Public
OBSERVATION-DISCLOSURES Decisions of
MinnesOta's Appellate Court.
Stockholders In the Minnesota Saw
ings bank are expressly relieved from
liability on a claim held by w. e.
Richards against that defunct insti-
tuition, in decision by the supreme
court, which goes into the affairs OF
other corporations, exempting the
stockholders from liability, save
where fraud Is shown, to claimants
who transacted business with the
corporation as de facto corporation.
The syllabus Of the decision follows.
William c. Richards, appellant vs.. Minnesota
Savings Bank respondent.
Syllabus. Chapter %, Laws 1867. an act
to provide for the Incorporation of savings
associations, was superseded by chapter "a,
Laws 1876 except as to savings banks and
associations previously organized, as to them
1t remains in force.
was corporation duly organized under the
act Of 1867. In the year 1873 it sold all of
its assets and the good will Of it's business
and paid it's depositors. Thereafter it did no
business for sixteen years, but in 1889 its
board Of trustees reofganized by the CO.
operation Of majority of its then surviving
trustees.
The new board amended its articles of in
corporation pursuant to the provisions of
Laws 1889, chapter 233, whereby the name Of
the corporation was changed to the Minne-
sofa Savings bank, and It's place Of business
to st. Paul. Thereafter and until February,
1897, the Minnesota Savings bank did bust
ness at st. Paul a bank. with the ac-
quiescence of the state Held. that such sal-
ure of the Union Savings bank to exercise its
corporate powers did not work a dissolution
of the corporation, and that if it be con-
ceded that the act of 1889 is unconstitutional,
still 1t gave the corporation color of law
for the change of its name and place Of
business, therefore the Minnesota Savings
banks was and is, at least, de facto corpora
ton.
3. creditor who has dealt with corpora
ton de facto. in it's corporate name and ca
pacity, and given credit to it, and not to It's
members stockholders, cannot in the
absence Of fraud. charge them partners
with the debts of the corporation.
4. The finding of the trial court to the
effect that the plaintiff and his assignors
dealt with the Minnesota Savings bank as a.
corporation is sustained by the evidence.
Judgment affirmed. Start, c. J.
Richards contention was that the
old Union Savings Bank of Rochester's
charter, under which the Minnesota
Savings bank had operated, was for
feited, and that this left the bank a
mere partnership of the stockholders.
The court, however, overrides this
contention, although it gives him judg-
ment against the bank.
The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1899-01-07
TRIAL COURT UPHELD.
Admission of Testimony as 10 Realty
Titles Sustained.

The lower court is also sustained in this
case:
Horace C. Lyman, respondent, VS.. Gaar, Scott
C Co., appellant.
Syllabus. Held: Following Coles " Ber-
ryhill. 81 Mimi. &C. that an unrecorded con-
veyance is void as against an attachment CT
Judgment only when they are against rhe
person in whose name the title to the land
appears Of record in the Office of the register
of deeds of the county in which the land Is
situated
2. The finding and decision herein of the
trail court to the effect that the plaintiff Is
the owner of the land in question and that
the defendant has interest in or lien ON
it sustained by the evidence and that
the trial court did not err in admitting the
evidence. Judgment affirmed.
The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1899-01-07
MADE GOV. LIND
HONORARY PRESIDENT
JEFFERSON CLUB HOLDS IT'S AN
NUAL MEETING AND ELEC-
TION OF OFFICERS
DR.. Rudolph Schiffmann Reelected
President - Judge j. w. Willis
Presents the Organization With u
Number of Portraits of Democrats

At the annual meeting of the Jeffer-
son club last night the following Of
ficers for the ensuing year were elect
ed:
President-Rudolph Schiffmann.
Vice President-Dr. Alex J. Stone.
Recording Secretary-Arthur NJ. Hull.
Corresponding Secretary-Edward Dahl.
Treasurer-F. H. Ellerbe.
Sergeant-at-arms- S. Battley.
Executive Council-John W. Willis, Joseph
Ehrmanntraut Jr., John E. Stryker, F. w. NJ
Cutcheon, DR.. E. H. Whitcomb, John Wag-
ener Anthony Yoerg Jr., Thomas J. McDer-
mott John H. Ives. A. n. Craighead, A. L.
Graves, w. B. Hennessey.
Upon motion of Dr. E. H. Whit
comb Gov. John Lind was unanimous
ly elected honorary president of the
club.
Judge Willis offered to present the
club with a number of portraits of
leading Democrats. which were &C
copied and vote of thanks given.
The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1899-01-07
Through Tourist Car to California

The Chicago Great Western Railway has
through tourist car leaving ST. Paul every
Tuesday at $40 a. M. for Los Angeles Cal
This car runs via Kansas City and the A. T
& S. f. Railway, the best winter route to
lower California points. No snow or cold.
These cars are equipped with all modern an
planes. both for safety and comfort The
berths are sufficiently large TO accommodate
two persons, the linen is changed every day
by the porter in charge and the berth rate Is
ony $500 through. Remember the line. the
Chicago Great Western, and IL you desire fur
Their information call on or address j p.
Elmer. G; p A. Fifth and Robert streets.
The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1899-01-07

ing Year.
The resolution introduced in the as
sembly by Mr. Benson and passed by
that body requesting the legislature
to pass law authorizing the council
to issue bonds in the sum of $4,000
for the purpose of purchasing mar
ket site and erecting suitable build
iugs, was concurred in by the board
of aldermen last night.
Aid. Sanborn opposed the resolution
for the reason that he did not favor
an increase in the bonded debt of the
city and did not deem such action
wise one He was of the opinion that
the only proper way the farmers and
gardeners could be taken care of in
the way of markets was to have some
private parties or corporation take
hold of the question and provide a
market. The problem could not be
solved by the city purchasing a site
and erecting sheds.
Aid. Murphy favored the adoption of
the resolution saying that for years
the market gardeners and farmers in
the vicinity of st. Paul had been
obliged to take their products to Min
neapolis on account of no place being
provided in st. Paul.
The way the farmers and gardeners
had been treated, Mr.. Murphy said.
was an outrage, and hundreds of them
went TO Minneapolis, and, after dis
posing of their products, spent money
in that city. Until st. Paul could fur
nish a suitable market place, the city
would go back instead of forward.
Aid. Shepard, who presided in the
absence of President Donahower and
Vice President Allard, said the COM
mercial club had been working for
the past three months on a plan to
provide the city with suitable mar
ket place. and within a week or so
would be able to present the council
the details
Aid. Knauft argued that it was time
the council took the matter in hand
The city council, by passing the reso-
luton, was not pledged to issue the
bonds, II some other plan came up.
III the Commercial club scheme fell
through, it would be then so late that
another summer the council would be
without market. 1t was a prelimina-
ry step, and. should the law be pass
ed, the bonds would not have to be
issued If something else turned up
lie had been informed that Aid Shep-
ara had plan to sell the present mar
ket house for 100000, and if this was
done there would be no need of a
bond issue.
Six of the eight members voted for
IL C-7JlOiLIOIi, ALL oduDOrn ana SneD-
ard being recorded in the negative.
The report of the committee on
streets, recommending that the reso-
luton OF Aid. Bantz for leasing the
hrst floor of the market house for five
years at $4,000 be not passed, was
agreed to.
The resolution of Assemblyman AL
brecht, passed by the assembly, re-
guessing that the legislature pass a
law placing all street railway and tel
ephone companies under the state rail
road and warehouse commissioners
was sent to the committee on streets
on motion of Aid. Sanborn.
An ordinance submitted by Comp
uoller McCardy, authorizing the issu-
arce ard sale of certificates of in
aeotedness to the amount of $1,1O6, $50
in anticipation of the collection of tha
taxes of 1898 was passed.
The certificates are to be issued for
the several departments, as follows
The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1899-01-07
ICE CUT FOR 1899.
1t VIII Probably Run Between No.
900 and 10000 Tons.

The 1899 ice crop is said to be of good
quality. 1t is estimated that the amount of
ice consumed in ST. Paul. not counting brew
cries and cod storage warehouses, will range
between 10, goo and 115, 900 tons.
For the largest local concern 125 men are
engaged on the ice and at the ice houses
with 100 teams and men doing the hauling
For many years the price Ct ice in st. Paul
has been kept at a uniform fgure-$2 per
month. At Minneapolis prices fer ice f1uctu-
ate widely from year to another, de-
pending to some extent the number of
firms engaged in the business.
The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1899-01-07
Is Cents

a pair today. It's only fair to
say that some are a little mussed
and few are slightly soiled. By
far the largest part are strictly
fresh and clean, however. All
the popular colors and all sizes
when the sale begins.
The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1899-01-07

Judge Otis yesterday filed an order DENYING
new trial in the case of Jared How versus
Emma P. Matthews
Judge Lewis yesterday found for the
plaintiff in the-case of the Northwestern Mn
tual Lie Insurance Company vs. Russell c.
Munger ct al.