davidaulloa/AmericanStories huggingface dataset:
The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1900-05-27
DECISION IN THE COOTE SUIT
COURT or APPEALS REyERsEs AND
REMANDs THE CASE.
for 100000 for Personal Injuries
Acknowledgement Dissented.


Galveston, Texas, May 25.-The opinion
in the case OF the Postal Telegraph and
Cah,o copno,v ~ Tev,s 20 w AZ Goo a
s,1
tlom galveston county was hleu In tae
court OF uivil appeals today. The ma or
ity of the court reversed the cas. and
rerardoa q - - Io,.. oo,,.. g..
- " '.S 'oi an
other tFlal' Cn!ef justice Garrett, VINO
dissented from the views Of the majority
of the court wrote the oninion in which
NJ gives a.. vtons =, -. o,ha. ,,.,,
Nv GIVES Tug Vows VI tne o'nei Jus'i4eS
ana tells why ne d -ssents. The opin on
deals very largely with a review OF the
case
nj ..us ~ ~ 80,
iue pi'int'u' n "a Nuo's' "uo "au ueeh
In the service OF the Postal Telegraph
Cable company for about six years. was
Il, eantenher tsas a,,isiona, it,ar,an
On september l. ne was afeeted py ;.
w. McCracksn, general foreman, to so
with him to points on the Gulf and In
terstate railway TO set some poes tae
rallroad having contracted TO furnish see-
ton men To AID. In Raising the pole, polss
we4e raised at High Is.and on septeniDer
Is and at Follower on the dAy foilow.up
The pla ntin claims thai one OF tnese seS-
tion mon let so with his pike, wi. no 1
Marning, causing the weight Of Tho lar -
pole they were raising 10 be s.dfsniv
thrown on him and lhat he sustained
permanent injuries. lie sued he com.
pany for $4,000. claimins il was respon-
bo, because Of it's using the sesr.o1 me,
who were incompetent for the service
mentioned,
The opinion concludes:
While McCrackeu was plaintin's an.
perior in this particular TASK he was M
generally in cootrol OF piaintlT Ina n
the absence OF McCMcken p.alnt fl Womb
| have baen the vice principal in tbs in
to employ and superlntetd Inc wors ss
MeCraoken ala. Thc evidence shows ~,
The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1900-05-27

heavy, but IN the eouthern and western * X,
of The county il amounted almost 70
Considerable complaint is hsaro a ll,.a Al,
farmers Gu account or the fAesss, .r..s ~
which prevent them giving lasn ~ }.
attention they should nave l1is Ma ecoa
tine In the farming history o. nsas
that ever sucn a complaint was AVE- Il.
crops are In a fine condition, ~ ,sw ooip
ne nossibla exception OF somo ~ 1,.,nt
fields ,bat ara little weedy oh a. /, ~,
tba srn,ird being too wet 10 allow II IN (.
cultivation, Oats. millet ana ~ save VIA
ara crous planted here this yea .sss, tfs
magnificently, which shows tnas v vhs u
cen be grown here as well as ssr,,afy "a
n long prevailing opinion TO tue "a tcIas;,
withstandng. Roasting ears for ssyi'
have been on the marker hs, ,he pradg|
DAYS and several shipments " ,,sek' ~
win be made the last OF ls's ne gcsen'
has as yet been no fall,ng on rshhaee. beg
shipments from this place, neas rals'
POTATOES. cucumhers, le,euV.. ,,ses are 81
aud other products OF tns ssna eastern "
out OF here to the NortneI .in. nd n pounot
kets every day by the thouse' T.ssx MAJ
Hearne, Robertson County, ssred Of
The weather has at las, ra,rauing and
farmers have gone to W9,A come piaets
planting their crops. ~
water is still stand ng' x,s Nay
Naypsota. Grimes County, u 80 ~ be n
Tho BRACES river Is repoitt, IN erirsmsiy'
slowly and out Of It's palHS
GrapeIana Houston County y TOE toe Il
% -Crops are badly damage ca.icn IS y
rain corn will be very snoi-
Iato end bad stands.
The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1900-05-27

DAY night The crop outlook is gloomy In the
eAuepe' The ground is thoroughly saturated
Win water If the rains should cease in a
20 "a GAYS s, mere might stil be fair crop OF
Ct ton Planted and raised. good deal Of
tue cotton Is up. but the ollut is small and
me weeds and grass have in many Instances
sAothered IL out
:. Workman, Freestone County, Texas, May %
II mas been raining here all the week and
farm work is suspended for few days. vet
the weeds and grass have ALREADY taken lots
o. farms anc the acreage in cotton will be re-
dated from last report. Corn will be crt
short as he farmers can't work it. Fears are
en- en'SSFtained that the wheat aud oat crop will
pe lost on account of so tfiIch rain
:, berelalr. Goliad County, Texas. May 22.--
lay rams continue to fall here almost
usliy' corn IS looking well and the heaviest
yield in the history Of tho county is prom
lseu' put cotton needs sunshine
90 Ftaarlehill. Limestone County. Texas. Nav
ms part OF the county is in fearful
~. in farming sense. Corn and cot
Ton are a: least month late Corn is
ny sorry and at least 20 per cent of the
, hon Is YET 70 be planted. Just now and
.1 sis you can see little cotton chopped TO
So, 1,' ia Mneai is already badly damaged.
potn ~ peipg blown down and by rust. Dats
p n,s suneied some, but not 20 much as wheat.
Ealy nlliet has been nearly drowned out.
r rrgs Is al right. Gardens miidling Il
. ts nearly every day aud has heen ali
through April and MAY But for The rain We
( would nave been harvesting
saiado. Bell County, Texas May EFF 1t
e.'s not stop raining soon and give us a
VIII be ruined 9 90"
% NoIuisuehe. Comanche County, Texas, May
I've have had another eighteen hours'
ram ram II tn.s county This will do damage to
winch Is about ready TO harvest II is oults
CYL ooM hres n demand The cold is iniurins
eS'.oh. Unless we can have some dry wealth
g tne grass will ruin many crops,
msneoia Gregs County. TEXAS. May PA
.Wenty-four hours The tanners ali nros
'iI pa,e Y OF srea. value TO grc wing crops
nsevliie, Bee County. Texas. May ga .-This
yesterday afternoon and last night The fai,
'his immediate vicinity was not very
The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1900-05-27

tract with the Gulf ana Interstate Rail
way company, Plaintiff did not cont adlct
this evidence aud the conclusion is newt
able that he knew Of this arrangement
and knew of the manner in which the men
TO assist in erecting tho telegraph poles
were usually engaged
He evidently knew that the men who
were working with him were section hands
furnished by the railway company A
majority Of the court Is of the opinion
that the plaintiff, being familiar with the
method in which the defendant conducted
It's business, and knowing that section
hands had been furnished to assist HIN,
ne must b. held TO have assumed the risk
Of Injury resulting from their incom-
potency ald that the Judgment OF the cour,
tor this reason should be reversed.
II is the opinion OF the writer, however
that the Judgment should be affirmed, be-
cause the evidence d9es not show that
pla nJin knew that the msn were lncom-
petent or had equal means OF inow ag
with the defendant. and that notwith-
standing the fact that the plaintiff may
have known OF the contract TO engase sec
tion hands for the work. he still had tho
right to assume that the defendant would
engage only such section men as had e,-
perence 10 setting telegraph poles and
We're competent msn for tho work m
hand. especially since It was shown that
Il was customary for section men To d.
such work Tor telegraph companies on the
lines OF railroad upon which they might
be employed
We do not find any error Sufficiently
presented in the remaining assignments
that would require a reversal OF the iudg-
ment BELOW None of the matters com
pls.ned az not already noticed are deemed
Of sufficient importance 10 require parte-
ular notice even in view of another trial
OF the case.
10 accordance with the views OF a
majority Of the court the Judgment OF the
court below Will DO reversed and the cause
Will be remanded-
The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1900-05-27
WEATHER AND CROPS.

Mount Calm, Hill County, Texas. May
24.-The constant rains are greatly i'm
pending farm work and grain harvesting
especially. The prospects for goad oap
and wheat yield are excellent. but bot1
crops will be greatly damaged should the
rains continue.
Lexington, Lee County. Texas, May "a.
me weather now seems TO be settled ana
farmers s.- can go to work in few days.
Crops are In deplorable condition a 4
II !, rains any more great deal OF Gotten
Will be lost.
Hearne. Robertson County, Tevas Nav
ga hard rain fell here last nigh. las :
ing ABOUT one hour. The wea her today
Is clear and warm. All the county ro.d
need Wofk-ng as they are in worse shape
than they have been In some tina
Peadlstonville. Bell County, Texas. NAV
MS section was visited by a heavy
ram last night Oats and most al, OF the
WHEAT are now ready 10 be harvested. hui
y WIN De A week before farmers an ,et
In the fields. Cotton is very lac a II
about one-half plowed. Hundrs5. =,
acres Of land will not be work mis-
season, sN's
Mckinney. Collin County, Texas. Nav %
, rne nsst wheat cutting began YESTERDAY.
HaFvest VIII be on in eirnes. by he FRS,
81 next week II the weather continues
lalr Collin county was never blessed win
a hner prospect for big wheat and oar
90 farrmeFsyille, Collin County, Texas Nav
z2--CoTn is looking very unfayorsble. ths
stand IS bad and very uneven mas,na :
very poor looking prospect for his re,
.ry. Wheat is looking fairly well. slso
oa's 4 great deal Of the cotton bas ~
be replanted and is late. "Aa y
rS Caldwell; Burleson County, TEXAS, NAV ,,
Hssvy S rainsf "a, sun continues threatening :.
-" 's IAN axaia IN tbs county on Mon.
The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1900-05-27
sHEnrFFs, DEPARTMENT.

straysd or stolen, one wn,'s !, ,.ps'
long name and tail branded : !, ..ss
on left shoulder, has az also =
right shoulder near the po,r iron !
scar one left forefoot eau a', Il st'
cut, Q or 10 years old, al e so r a,gss
sie Tor thief. il stolen. Aaa'e snsrlr
for formation 1st to r b. Davis : Sarra
deputy sheriff OF o. Oa
The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1900-05-27

OF these camps half dozen of moro
have come into the Texas division, have
paid their per capita and are entitled Ia
representation at this reunion, but the
great majority Of them are sriil out Of the
Mold. The general organization has recog-
uized the necessity for puri.pg a stop 10
,lnis confusion and an amendment "a IL
The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1900-02-18

Mehan; second vice president, W. W.
Brown; secretary, -R. E. Speary; treas
urer, w. Fl. Daniel $500
The club will have a smoke social March
3, and will meet foftnightly
The representation of 1898, based on the
Mckinley vote, which the executive COM
mittee has decided to recommend to the
Republican city and county committee,
provides for convention of 1886 delegates,
divided as follows: First ward, A.; Sec
F ond, 81: Third, 10; Fourth. "a; Fifth, 49,;
Sixth, e8; Seventh, 45 Eighth, 4S; Ninth,
81; Tenth, IL Eleventh, IL. es-
3 G. H Holden, Of Duluth announces
his candidacy for railroad and warehouse
commissioner through the means of a
circular. Mr.. Holden says he has for ten
years been engaged lin the! operative de-
partment Of two of the large railroad
systems of the country has thorough
knowledge of that part. of the duties of
the commission; has for six years
been IN the state gtain Inspection and
weighing department, and is also thor
oughly familiar with that branch. ., Mr..
Holden is a3sveteran of stwog wars and
says he is a lifelong, staunch Repub-
Hcan. ~ yErcli3s Sal s4EBts.ca.re. =
/ DR.. George NJ. Coon and John Ross are
mentioned as possibilities for the Repub-
lican aldermanic nomination. in r.; the
Fourth. "a z.-fs
John C. Kemp denies a Republican
story that he is a candidate for alderman
In the Ninth. s
The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1900-02-18
Y. NJ. c. A. CONVENTION.
Yesterdays Proceedings of the Meet
ing MT Winona.


WINONA, Mimi, Feb. T.-(Special)-
The state convention of the M. C. A.
practically concluded it's business this
evening. the morrow being devoted prin-
cipally to devotional exercises at the sew
eral churches throughout the city.
ga Phase of Christian Service" was
treated by Mr. Walter N Carroll, of Min
neapolis.
Mr. A. NJ Bruner, of Chicago, discussed
estate Problems" He advised against
trying experiments in association work
without first consulting with state Of
ficers.
The association quartette was then
heard in a selection.
Mr.. Fred B. Smith followed up the
earlier morning address Of Mr.. Carroll
with talk on Applied Christianity"
this being Immediately preparatory to
taking up collection for the support of
state work. The sum Of $4,000 was raised,
the associations subscription amounting
to $3.50, being as follows: Winona, $500;
Minneapolis, $500; Two Harbors, $50; Du
luth, s100; Mankato, So Agricultural Col
lege, $40; Carleton college, s2o; Hamline
university. $40; Manchester, SIS; Mankato
normal, $40; Parker college, s.; State uni
versity, $50; st. Paul college, IS; State
university, $40; st. Paul college. SIS.
At the meeting held this evening adj
dresses were made on Railroad Work,
E. L. Hamilton, A. NJ Bruner, William
Beyers and James Miller, railroad men,
taking part in meeting.
The executive committee has elected
the following officers for next year: Pres
ident, A. E. Haynes: vice president, j. c.
SeeIey;- treasurer, R. H. Chute; secre-
tary, N P Goddard. Mr.. E. w. Peck
was reelected state secretary and Mr. F.
M. Hill assistant state secretary.
All the BUSINESS Of the convention was
concluded today, and tomorrow will be
given up entirely to religious services.
The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1900-02-18
SALTWATER.
EliSs Preparing to Attend the Dedi-
cation in minneapolis.

cation IN MIN eapOl1s.
r A special meeting of the board of coun-
ty commissioners will be held at the
court house tomorrow to take action
in the matter of accepting the new coun-
ty Jail, which isgnews completed and
ready for occupancy The jail Is a
model building in every respect, in de-
cided contrast to 1.-The old Jail used for
many years. During the time the jail
has been in process OF; construction all
Washington county prisoners have been
confined in the Goodhue county jail at
Red Wing. sr,i 81
Few games have been played, in the
Commercial club billiard tournament the
past week and the standing of the play
ers is practically the same as 1t was last
Monday Leo Conhaim still leads with
a record of Is games wen and lost, and
Lyle 8. Staples Is second with IA games
won and lost. Whenethe present tour
nament is completed 1t is more than like
ly that another tournament will be in
augurated, but the handicaps will be re-
arranged.
Saltwater lodge. B. P. o.. Eiks, Is max
ing arrangements to attend the dedfca-
ton of the new Elks' hall In Minneapolis
on the 22d inst, and special interurban
car will be secured If the necessary NUM-
Der will go.
One of the most enjoyable dances ever
given by the local lodge Of Elks occurred
in Elks' hall Friday evening. About
thirty-fve couple were present and
danced until an early hour yesterday
morning Excellent music was furnished
by Jones Bros orchestra and supper
was served by Oscar Ostrom.
A meeting will be held at the armory
tomorrow evening for the purpose of re-
organizing Company K, of the First regt-
ment N. g. S. NJ, and e. M. Conrad
will be chosen captain Of the organizes
The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1900-02-18

for robbing the Dalesburg postofice. Is
being tried. The marshal of Centervills
testified that he arrested the three men.
and that when arrested they were wet
through and looked as though they had
walked some distance during the night.
The men stated to the marshal when ar
rested, that they had slept in an elevator
the night before, and search afterwards
of the place showed a revolver. skeleton
key and a lot of small change. Murphy
is a mere lad, and his attorney will make
a strong plea for him on this score
There is but one more criminal case left.
that of Arthur Two Haerts. an Indian
from the agency, who Is under arrest for
selling intoxicating liquor on the reserva-
tioD
The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1900-02-18
HIS Application Denied.

REDWOOD FALLS. Mimi, Feb. IT,
Judge Weber has denied the motion
made by the attorneys of Lester Rollins
for a new trial. Rollins was convicted
and sentenced. to ten years in the Still
water prison for carnally knowing and
abusing female child under the age of
fourteen years, and he secured stay
of proceedings until the motion for new
trial could be heard. The motion was
made on Jan. 30. and. aside from alleging
misconduct on the part of the jury, and
errors of the court in ruling, contended
that the Minnesota statutes did not in
tend to provide for punishment in carnal
abuse cases unless the victim was un-
Ger the age Of twelve years. Judge Web
Der, In touching upon this point, says
that he does, not think the Inconsistency
or uncertainty clear as to warrant an.
inferior court In declaring the statute
void. .sse
He orders that the sentence and judy
ment of the court herein be carried into
execution. and Rollins will probably be
sent to Saltwater In charge of Sheriff
Pease. next Monday. His attorneys will
appeal to the supreme court during the
next few months. -
The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1900-02-18
NEW YORK sNow-BoUND.
Storm Ragged With Almost the Fury
of q Blizzard.

OF q B1tzXar0.
NEW YORK, Feb. T-With almost the
fury of a blizzard, snow storm has been
raging all day. The snow came down
with such fury as to almost block all
street travel The wind was from the
gait. About ten inches had fallen by
midnight but it was then becoming
thinner and the air turning cold.
Great was the danger to shippers from
the strong inshore wind. The last ship
to reach this port today was the Cam.
pana, which passed quarantine at $50 a.
M The American liner st. Louis was
due this morning, but she was not reports
ed up to midnight. La Touraine Is due to-
morrow. but it is not expected she will
reach here on time. The last ship out
was Etruria, which left her dock at s
q. m. The Graf Waldersee, which at
tempted to pass out went ashore at 6
p. m. Harbor shipping is standing still.
Fog bells were kept going.
On land trains were delayed and in
some instances stalled by the storm, the
high wind causing the snow to drift
AS result of the storm the poor OF
the city suffered greatly, and the de-
partment of charities had to exert its
Utmost energies to assist the sufferers
great many accidents were reported
and ambulances from the various hos
pitfalls were continuously going all day.
The majority suffered from fractured
limbs from falls.
AS yet but one death from cold and
exposure has been reported.
Throughout the suburbs of New York,
in Long Island and about New Jersey
everything pointed to partial blockade
by the snow. The storm delayed many
Of the incoming trains by period vary
n wv hiJf 10
possible that the delays will be much
greater.
The new street commissioner will have
1850 men and 200 carts at work early in
the morning, when something like foot
of snow on the level will have fallen.
The prospect is for clear, cold weather
tomorrow.
The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1900-02-18
Sank Rapid. News.

SAUK RAPIDS, Feb. H.-(Special)--
Miss Hazel Johnson. of this place, was
married to Paulinus G. HUM. late OF
Company M, of the Thirteenth regiment
of Minnesota volunteers, of st. Cloud.
They will make St. Cloud their home.
A double wedding Is announced for next
Tuesday morning at the CATHOLIC churen
In Alberta, this county. Rev. A. j. Kltow-
Ski Will of1ciate when Miss Annie Sluss
WIN wed Peter Janochosky and Barney
sluss to Miss Celia Janochosly. The
young people are popular ana Wedoing
pared
been engaged by the people of Foley, this
county as their attorney to look after
their interests In the Incorporation pro-
ceedings. Mr.. Reynolds today presented to
the board of county commissioners now
In session. a petition praying Tor the prl-
village.
The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1900-02-18
Applies for Pension.

~ CLARK. 8. D.. Feb 1z-(special.)-
John Murphy, Of this city, member Of
teers, has applied for pension on ac-
count of wounds received in the late war.
He was wounded by q rifle shot April
at point opposite the second molar
tooth of the left superior maxillary and
making an, exit exactly opposite, TAX
Ing away the entire roof of the mouth.
The nerve of the right eye was so af-
fected that he lost its sight. The only
food he finds It possible for him to eat
Is soft food. that which is easily mas
ticated, and liquids. His speech Is also
badly affected. 1t Is believed that this
Is the first instance where an applica-
ton for a pension has been made by
member of the First South Dakota regi-
ment as result of the late war.
The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1900-02-18
BIG MINING DEAL ON
TABLE IRON PROPERTIES IN
ST. LOUIS COUNTY
TOWN SITE WAS MOVED AWAY
Spruce and Cloquet Mines Are Said
to BE Exceedingly Rich in De-
posfts-The Former Has Already
shown Up 100000 Tons of Ore
Embraces About Eighty Acres,
and Is Owned by II. e. Dorr.

DULUTH, Mimi, Feb. 17.-Unless the
unprotected happens one Of the largest
mining deals negotiated in a long time
will be consummated within few days,
and the National Steel company will ac-
quire two of the most valuable iron ore
properties In ST. Louis county, the Spruce
and Cloquet mines at Eveleth The
Spruce mine Is controlled by the Spruce
Mining company, of which P. NJ KIM
berry, of Pittsburg, is the principal own
er, and the National Steel company has
practically closed a deal for the lease Of
1t and the Cloquet mine for a considera-
ton of approximately 81 100000
The Spruce mine has already shown up
an ore deposit of 100000 tons, but the
full extent of the deposit Is as yet un-
known, but is very large and OF high
grade. 1t embraces about so acres, and
Is owned by T. E. Dorr, of Saginaw,
Mich; e. M. Fowler, of Detroit, and 9TH
er Michigan men. The mine is on the old
town site of Eveleth, and the town was
moved last summer to uncover the de-
posit
A lease of fifty years was obtained by
Mr.. Kimberly seven months ago for about
$120,000 and a royalty of 80 cents ton.
Cloquet mine covers about 100 acres and
Is a less valuable property. Word is ex-
pected from Chicago within a few days
that the deal has been closed.
The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1900-02-18
NOT A U. 8. CASE.
Two Alleged. POstOfice Robbers
Turned Over to State Authorities.

DEADWOOD, 8. D.; Feb. H-Judge
Garland decided that the case Of o. %.
Pink and George Robinson, the two men
from Sioux Falls, who were arrested for
breaking into the postoftice at Rowena,
was a case for the circuit court, and ac-
cordingly instructed the United States
Jury to bring in verdict Of acquittal.
The prisoners have been taken back to
Sioux Falls. The postoffice at Rowena
is kept in store building, and it was
shown In court that nothing had been
molested around the postofice part. but
instead the men had carried away some
merchandise, which would take the case
rightfuIly out OF the United States court
The case Of George Murphy. who was ar
rested with two other men at Centervilie
The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1900-02-18
TRI-sTATE DRAINAGE.
Committee Holds a Meeting and
Elects Officers.

FARGO, N. D., Feb '17.-An enthusi-
astic meeting of the Tri-State Drainage
and Canal association committee was
held here this afternoon and appointed
geenral executive committee as follows:
DR.. R. C. Kelsey, chairman. White Rock:
A c. Edwards, secretary: Mayor john
son, Fargo; Maj. Edwards. Fargo; e. g.
Valentine, Breckenridge, Mimi, and Fred
Falley, Wahpeton. These are to appoint
vice presidents all along both sides of
the Red river valley. A mass meeting is
to be held not later than March 10 at
Fargo Dr. Kelsey said according to the
late government report Big Stone lake
can spare $4,000 cubic feet per second
into the Minnesota river. thence to the
Mississippi, making that river navigable
all the year from below St. Paul. 1t
should interest the Twin Cities"