davidaulloa/AmericanStories huggingface dataset:
The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1901-04-27

new trlai Is not sufficient In such case
10 review the question whether the court
SIIeu IN refusing to amend findings. Or
der affirmed LOVELY T.
State of Minnesota ex rel Patrick Kelly,
incompetent, respondent, VS. Probate
court Ramsey County and Judge of
Sald Probate Court and St. Paul Trust
Company, appellants.
An order of a probate court made I'M
Ger General Statutes of 1894, section 1913,
upon the petition of a person under
stored to capacity, is to all intents and
purposes judgment, and may be re-
viewed by ceItiorari. no appeal from such
order being provided by statute.
Such an order, though it result in the
removal OF the guardian, is not an order
removing the guardian within the mean
Ing OF subdivision 2, section 1854, Gen.
BILE.
Ihe writ of certiorari in this case COM
manded the probate court to return to
the district court all the evidence offered
the nearing before it; appended to the
return is what purports to b esuch evil
court that all the evidence was not re-
turned, and the. cause was heard and
considered without objection to the re-
turn OF TO the certificate attached to 1T,
ana IL is held, that, although the certif-
lcate 10 the return does not state tnat
all ne evidence was returned 20 the dis
tr1ct court, it will be presumed that the
probate court complied with the COM
mand OF the writ of certiorari and re-
turned 1t all; following PaySOn VS.. EV-
erett. - Mimi. 1871.
Evidence examined and considered and
held not to sustain the order Of the pro-
pate court. Judgment affirmed.
Il,Axr
The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1901-04-27
h,nortnnt Chnnwes in Time.

Commencing Monday. April 2ath, the
Burlington Route morning train for Chit
cage and ST. Louis will leave the Union
depot, st. Paul, at sos q. m, except Sun
This train arrives at Chicago 9:35 p. M,
ga M day
The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1901-04-27
REFEREE is ovERRuLEp.
Judge Lochren Admits e. M. sWaII-
bridge to- Bankruptcy.

decision was filed by Judge
LCchren yesterday i'll which he over
rules the ruling OF the referee in bank
ruptcy in the case of E. NJ Waibridge
of Mortified. When the petition for the
discharge of Walbridge came Up Danisl
M. Robbins and Ellsworth E. Warner
two of his creditors, opposed the appli-
cation. The gistsof their charge was
that the bankrupt knowingly and fraud
ulently concealed. while a bankrupt, from
his trustee $40009 in cash. AS evidence.
a statement WAS introduced, made and
The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1901-04-27
mason Tenders Are rncreas;na

The Mason Tenedrs union met last
hight with President Ball in the chair,
when there were two limitations and foIr
applications for membership The meet
ing was devoted to considering the re-
concentrations of the ball committee and
tickets to the membership of the Trades
and Labor assembly. Trade was report
ed good. Receipts $t5.20. disbursements
$15.75 --''
The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1901-04-27
INSURANCE COMPANY SUED.
John M. Gilman Brings Action to
Recover on Policy

Recover on Policy.
Complaint has been filed in the district
court against the Mutual Reserve Fund
Life association, an assessment life In
surance company of New York, by John
M. Gilman, of st. Paul. The complain
ant sets forth that the company has I'M
lawfully Cancelled his policy for $4,000
and he demands that it pay him 81 662 10.
With interest at per cent from May l.
1858, together with COSTS In 1884 the
company issued to Mr.. Gilman a policy
for $4,000, on the back of which was a
table Of rates. According to the rates he
paid $4G.68 per thousand annually, but
the defendant company adopted new
scale of rates and new classiications
and in the sos, Mr.. Gilman found him
self paying $3.50 bi-monthly, $l1280 BIZ
monthly, SEQ bi-monthly. When the fig
ures reached the 500 mark he refused
to pay more, because, he alleges, the
aSseSSmo mt was unjust and ineQuitable
He alleges that by resolutions ard
classifcations adopted in 1885 and 1897
members, members who became such be-
fore January, 1890, were classified by
themselves as distinct and separate from
other members of the association and
they We're obliged to maintain them
selves and pay all death losses of their
class without the aid of the other MEM
hers. Mr.. Gilman asserts that when his
policy was Cancelled he had an eXpectan-
cy of life Of siXty-years and that his
proper assessment should have been
$61 SO bi-mOnthly
The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1901-04-27
Sues for Salary.

James III. Gray has brought suit
against Walter B. Jordan and William
G. Jordan for back salary while in the
employ of defendants. He is a travelling
salesman and entered the employ of de-
PENDANTS, Sept. l, 1900, with the stipula-
ton that he should get $125 on the first
day of each month and 500 on the. Ia st
day. The complaint recites that the
agreement was kept for five months, but
in February, this year defendants re
fused to pay. The total amount asked for
in the suit is $50, together with interest
on 1925 from Feb. q, 1901, and on $3.50,
from April l, 1901. and costs and dis
burScnientS
The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1901-04-27
FI1NERAI, NOTICE

MEMBERS OF SCHILLER GROVE NO
8. u A o. D.-Take notice, that
Brother Wend. Weis, deceased, will be
laid to rest by the Druids, and all
brothers are requested to be at Unity
Central hail Saturday, the 9th inst,
at l o'clock sharp.
The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1901-04-27
VITAL STATISTICS.
MARRIAGE LICENSES.

MAFIIlIAOE LICENSES.
Louis Bellard and Mary Labne.
John l.. Bunce and Mabel A. H. Harm,
BIRTHS.
Mrs. S. N Ford, The Newport. gill.
Mrs. VIM. j. Byrne, AIS Collins. girl.
Mrs Joseph A. Ropier, 5SS Olive. girl.
Mrs. Peter Jensen, 431 Lynnhurst, boy.
Mrs. John Sandberg, >43 Winnipeg, girl.
DEATHS.
William L. Licha, mos, 464 Fairview
The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1901-04-27
BOUND TOPRO|ECTGlESTS
CASE OF CONSIDERABLE PUBLIC
INTEREST DECIDED BY
SUPREME COURT
HENNEPIN BENCH REVERSED
PrOprietOrs of Places of Amusemen
Where Liquors Are Sold Are
Responsible for Safety
of Their Pa, .rons.

Thirteen decisions were handed down
yesterday by the supreme court. The
most important in the matter of public
Brethren ease of Minneapoli The
higher court reverses the decision of the
Hennepin county district court, and
holds that keepers of places Of amuse-
ment where intoxicating liquors are sold
are responsible for the protection of
their guests from bodily injury.
Ludwig Mastad was injured at the
Swedish Brethren's hall While attending
an entertainment, by some guests who
were under the influence of intoXicantS.
Justice Brown files the opinion which
holds that the management of place OF
amusement which invites the public for
ali admission fec, and where Intoxicating
liquors are dispensed" is bound to pro-
tect it's guests, and is liable for injuries
inflicted. The syllabus:
LuuNig Mastad, appellant VS.. The SWe-
u1Sn Brothers, respondent.
a person managing anu controlling 4
public pace OF amusement, to which ne
invites The public, on payment of an adj
he sells to MS customers and patrons
toNlcaulng liquors: VINO sells such liquors
to che in attendance at such place, and
thereby renders him drunk and diSOr,
derly, well knowing that when in that
cCnuition he is likely to commit assaults
upon others without cause or proVocst>
ton, is bound to exercise reasonable care
to protect his other customers and pa
irons from such assaults and insults,
and for Il failure to do so is liable for
CANA geS at the suit of one assaulted and
injured. Order reversed.
The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1901-04-27
DEATHS.

WEIS-At his home. 7C0 St. Peter street,
Wednesday April "a, Wendelin Weis.
aged eighty-two years. Funeral from
above residence. Saturday, April q, at
O'Clock n m
The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1901-04-27
United States Court Calendar.

circuit court of appeals is now made up.
1t contains eight Minnesota cases, as
follows: Sperry Manufacturing Compa-
ny VS.. J. L. Owens Company, Josephine
Charles G. Monson ct al. VS.. Julia Hitch
cock ct al, P. H. 1<irwan, as United
States surveyor general, etc, ct al, vs.
Simon ]. Murphy ct al, Charles E. See
I've eft al VS.. The United States of Amer
lea, The Lake Michigan & Lake Supe-
rior Transportation Company VS.. Union
Towing and Wrecking Company ct al,
Insurance Company. St. Paul. Minneap-
oils & Manitoba Railway Company vs.
The Western Union Telegraph Company
ct al.
The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1901-04-27
ali kinds Of Er3sh Garden Seeds
in bulk CT packages.
CUR FIFE BAKERY GOODS

Are as good as those You make yourself
ana must not be classed with the ord
nary bakery goods. Try ours once and
Xou viii be a constant user
Fresh homemade DoughnIts, large
slzel, per dezen ....................... &c
The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1901-04-27

Sioux Falls, the Metropolis of South
Dakota, Now in Direct Commu-
nication With Minneapolis ana

Commencing Sunday, April 18th, the
North Western Line will esta blish new
luxurious Pullman Sleeping Car service
between Minneapolis-St. Paul and Sioux
Falls. as follows:
Leave Minneapolis daily at 500 p. M.
St Paul $3.50 p. M, and arrive Sioux
Falls 7:15 a. M, leaving Sioux Falls 81
1000 p. m. and arrive St. Paul 7:25 a.
M, Minneapolis $40 a. m
splendid new service at $50 Robert St,
st. Paul, 413 Nicollet Av., Minneapolis.
The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1901-04-27
David Lemery, appellant, VS.. Greay
Northern Railway company, respond

David Lemery, appellant, VS.. Grear
Northern Railway company, respond
ent
Where a through passenger on rail-
way train, without objection by the COM
parry or it's agents, alights from this
train at an inucrlneulate station for any
reasonable or usual purpose, such station
being one for the discharge and reception
of passengers. he does not cease to be a
passenger, and is entitled to the pro-
lection accorded to such by law.
But a through passenger on a through
train, one that does not stop at inter-
mediate stations to receive or discharge
passengers, who leaves such train with
out the knowledge, consent or invitation
of the company at an intermediate sta
ton at which the train stops for some
purpose incident to the operation and
management of the train only, abandons
for the time being, his relation as pas
senger, and assumes all risks incident TO
his movements. Order affirmed.
Brown J
The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1901-04-27

John c. Johnson, appellant, VS.. Thomas
F. Walsh and James Kennedy, co-part-
ners as Walsh & Kennedy. and the City
of CroOkston, respondents.
Certain alleged erroneous instructions
to the jury in this action, which is one to
recover damages for personal injuries
alleged tC have been caused by the neg
ligence of defendant are considered and
held to present no reversible error.
The mere fact that an accident happens
and a person is injured raises no pre-
ST mption of negligence, except in those
instances where the thing causing the
Cident is shown to be in the possession
and under the control of the person
charged with negligence, and the accident
is such as III the ordinary course tf
things does not happen if these who have
the management thereof use proper cars.
Order affirmed. Brown, j.
The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1901-04-27

State of Minnesota, by Thomas Olson,
Svend Olson and Harry Helgeson, re-
lator, respondents, VS.. Board OF County
commissioners of the County of Rem
vile, State Of Minnesota, and Board
OF county Commissioners of Redwood
County, Minnesota, appellants.
chapter ri, Laws 1889, entitled IAN act
10 appropriate money to aid in building
bridges and draining lands in certain
counties of the state, appropriated money
Tor the building of a bridge across the
river between the defendant counties,
ana provided that such a bridge, when
built: should be kept in good Condition
h by the counties. The bridge was built
pursuant to the statute, but by reason of
Held: ~
l.. The subject of the act is expressed
III its title. and it is, constitutional
me duty of rebuilding the bridge
When destroyed was imposed by the act
upon the counties.
8: The petition in this case states facts
authorizing the issuance of writ of
mandamus to compel the county commis
toner's of the respective CO -.nt:~s to pro-
ceed and rebuild the bridge Order affirm
Gu. Start c. J.
The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1901-04-27

Northern Cattle Company, appellant, VS..
George II. Munroe as sheriff of Stevens
county, Mimi, respondent.
Where a mortgage sells to another one
OF several notes secured by a real estate
mortgage containing the usual power of
SAFE, put makes no assignment of the
mortgage, the purchaser takes an equi-
table pro rata interest in the security
But the legal title of the mortgage and
the sole right to exercise the power of
sale remain in the mortgage, and he
alone is authorized TO foreclose the mort
gage by advertisement
III the mortgage does so foreclose the
mortgage, and the sheriff making the
sale pays to him the whole of the pro-
ceeds of the SALE without notice that one
OF the notes has been solo. he Is not liza
bic to the owner thereof for the amount
Que thereon. Order affirmed
Start @
The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1901-04-27
FIRE @H FRUITS

Oranges, the largest grown; regular
&c NaNcis. per dozen .....-.......... SIC
TT Don ;..;.:..-.:...: ....-...-.........$l So
Chlfo, ma Budded Seeding Oranges,
per dozen ..--....... ...........14c and lie
bioou oranges per doZen.............. zoe
I,!5:.cai5leS each .:..................... &c
Thin Skin Grape Fruit per dozen. sc
Thin Skin Lemons, per dozen 7c
Fancy yellow Fat Bananas. per doz.. 15c
The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1901-04-27
Seventh assss Broadway

the only store Of the Andrew Schoch Gro
Gerry company.
Regu!a: deliveries to White Bear and
Mahtoniedi commencing May l.
The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1901-04-27

August A Hansen, appellant. vs.. Town
Of Verdi, in. the county of Lincoln, said
state, respondent.
The work required under section 1892,
General Statutes 1894, to establish a
highway by statutory dedication, is only
such as may be necessary, taking into
account the natural condition of the road
bed. Following: Rogers VS.. Town Of
Aitkin, II M m. 539; Miller vs.. Town Of
Corina, AZ Mimi. 391. Order affirmed.
Lewis, j.
Edward B. Patterson, respondent, vs..
!. Grettu1n and James W. Thompson,
appella nts
A notice of the expiration of the period
of redemption from tax sale read, in
part, as follows:
which said land can be redeemed will
expire when sixty days shall have elaps-
ed after due service of this notice upon
you, and after due proof of such service
shall be filed in the office of the auditor
of said st. Louis county. Held, that
this notice is a compliance with the stat
ute, section 1854, General Statutes 1894.
Order affirmed. Lovely, j.
M. L. Murphy and Myrna A. Waiter,
co-partners as Murphy & Co., appel
Iants, VS.. Anna BordWell defendant;
LumbermenS National bank, garniShee;
Emma J. Grant, claimant, respondent.
A gift of money in a bank on deposit
in the donors name may be legally eX-
ecuted by the person making such gilt,
although the credit of the deposit is not
changed on the books of the bank, but
continues in the name of the donor; pro-
vided, in the absence of fraud. there is
some substantial act of the donor giving
the donee the right to have such money
and appropriate it.
A power of attorney to the donee from
the owner of such deposit giving a right
to draw the same from the bank in the
name of the donor. but with no purpose
not expressed in the instrument to con-
fer dominion over such deposit to the
denee, may effectuate such gift and con-
sumate the same under the facts as
found in this case.
Evidence considered and held to sup
port the findings of the trial court. and
that such findings support the conclu-
sion that there was an executed gift
from defendant to the garnishee. Order
affirmed Lovely, j.
John Christianson, appellant, VS.. City Of
Owatonna, respondent
When the only question discussed Of
sufficient importance to require consid-
Grafton of an appeal is the refusal of
the trial court to amend a finding of
fact: an assignment of error distinctly
pointing to and indicating such refusal
is necessary to secure it's consideration
in this court.
An assignment of error that the court
erred in denying PLAINTIFFS motion for a
The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1901-04-27
8f r coggins. RESPONDENT VS.. Doles

6T TTig Coggins. respondent, VS.. Dolcs
IN TINS case one of several owners of
STOCKS OF grain authorized the other
u tI 70 employ person operating a
tt IN sag outfit to thresh the grain. and
70 nave the work 2done by a particular
person Inc party SO authorized to make
inc bargain employed another thar the
one DESIGNATED to do the work. Such
agency under the facts found was gen
eraI; and the party employed. after tha
work was accepted, could recover his
pay Tor his work, 1en the share thereon
cue from each OF the owners respec-
Evidence considered and held sufficient
10 support the findings of fact by the
sflat court, and that the findings of
Iact sustain the. conclusions 2of law
"A request for amended findings of fact
that are imlnaterial or that call for a
statement of the evidence upon which
such findings are made, may be property
refused by the trial court Order ar
III niee- Lovely, J.
The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1901-04-27
ANDREW.
{{5(;;I|II()C,||||
The Old Reliable"

Bargains viii be tbs rule all day Satur-
day. as they are every day at the Big Store
The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1901-04-27

PaulIna Witzka, an infant, by Michael
Voler, her guardian ad litem responds
ent, VS.. Thomas Moudry, appellant
When it is apparent that the trial
court may have misunderstood the EVIL
dence on any specific point or that such
evidence might admit of different CON
structions and an instruction to the i,lrv
IS based upon the view of the conrt =
general objection to such instruction ia
insufficient. The party who claims to
he prejudiced should point particuIarIv
to the alleged inaccuracy, and either ask
modification of the charge, or call for
an additional request to meet his own
view of the evidence
In civil action for assault and bat
female, followed by unlawful inter
course, her failure to make an outcry,
or to complain afterwards suggests
doubt that such an assault was commit
ted, depending, for it's weight. more or
less upon ether evidence; yet such fail
ure to make outcry, or to complain does
not constitute legal presumption
against her claim in that respect
Evidence considered and held sufficient
female of tender years followed by SEX
ual Intercourse.
Connecting that a female under sixteen
years is incapable of legally conserving
to sexual intercourse (under Sec. 652i
G. S. 1894, vet this case was not triel
upon that theory (although the evidence
was not contradicted that the female was
under sixteen years., vet the question of
her age might have been contradfcted
opportunity to do so, of which right he
was deprived under the iss1las Of the
course of the trial. Order affirmed
L r
The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1901-04-27
Tie flGTe1 SG1OGl GROCERY Go.

THE PIG STORE.
Seventh and Broadway, ST. paai.
The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1901-04-27

new trial is not sufficient In such case
10 review the question whether the court
erred IL refusing to amend findings. Or
der affirmed LOVELY T.
The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1901-04-27

G.. A. Argan respondent, VS.. T. A. su,-
Ivan, ct al, appellant.
Under the provisions of Sec, 5S97
Chap. 76. Gen. Stats. 1894. authorizing &C
Cafter execution has been returned UNI
satlshed) to sequestrate their property
ana recover unpaid subscriptions Of
STOCK, such action may be brought by the
assignee of such a Judgment. as well as
by the judgment creditor himself Order
affirmed. -Tovaix,
The Mankato free press. [volume] (Mankato, Blue Earth County, Minn.) 1879-1924, 1901-12-06
AGAINST ANARCHISTS.
Drastic Measures to Be introduced by
Senator Burrows.

Washington, Dec. 3.-Senator Bur
rows of Michigan will introduce a bill
providing for the exclusion and expul-
sion of alien anarchists. By it's pro-
visions the board of inquiry is author
lied to diligently search for anarchists
among the foreigners coming to this
country and ascertain by pertinent
questions as to his antecedents, his
opinions as to governments, or whether
he belongs to- any society or associa-
ton with anarchistic tendencies, and
1t may examine the person of such
alien for marks indicating such mem
bership. The board may accept evil
dence Of the immigrants common
reputation as an anarchist, and orders,
DEGREES and judgments of foreign gov
ernments and police notifications as
prima facie evidences which may be
deemed sufficient to prevent admission
of such alien.
When an anarchist escapes this in
QUESTION he may be seized by the
commissioners general of inquiry, and,
if after thorough and satisfactory
inquiry, is found to be a menace to
this government as an anarchist, may
be deported to the country from which
he came.
The Mankato free press. [volume] (Mankato, Blue Earth County, Minn.) 1879-1924, 1901-12-06
HOUSE BILL NO. 1.
McCleary's Oleomarearine Measure
Will Probably Be So Designated.


Will Probably Be So Designated.
Washington, Dec. Sit was esti-
mated by officials of the house that
over 5000 bills had been INTRODUCED
before II o'clock. There was much
rivalry for the honor of having bill
No. l., no less than 10 members ask
ing for this precedence. The indica-
tons are that the bill of Mr.. McCleary
restricting the sale of oleomargarine
will be so designated when the records
are made up. The bills took a wide
range; three Pacific cable bills, by
Representatives Sherman IN. ", Cor
liss (Mich.) and Jones (Wash.), gave
varying phases of this project, Mr..
Jones proposing the northern route,
via Puget Sound, with an appropria-
ton of SS,000,O00, Mr.. Corliss propos-
ing government built and maintained
route, and Mr.. Sherman offering the
plan allowing private participation in
the enterprise. Among the other
measures introduced were those by
Mr.. Sulzer IN. " protesting against
the conduct of the war in South At
RIGA, and Mr.. Thayer (Mass.) and Mr..
Cromwell CO., removing the duty on
hides
The Mankato free press. [volume] (Mankato, Blue Earth County, Minn.) 1879-1924, 1901-12-06
Causing Most of the Trouble Ameri
cans Have in the PhiIippines,


Washington, Dec. 3.-According tc
Manila newspapers, copies of which
have been received at the war depart
ment, the massacre of Company c.
Ninth infantry, at Balangiga, Samar
was planned by deserters from the
American army. The newspapers
state that two such deserters are
known to have acted as spies two
days before the massacre It is said
that when the First infantry was re-
lieVed by the Ninth on the island OF
Samar these deserters obtained some
uniforms which had got adrift during
the transfer, and thus equipped passed
as American regulars.
Deserters in Samar are becoming
very bold, it is stated, and it is not an
infrequent sight to find notices, written
in English, posted on trees and shrub.
berry, inviting Americans to join the
Insurgents and instructing them how
to enlist. 1t is also said to be a gen
r"lly understood fact that deserters
from the Ninth cavalry (colored) are
responsible for all the trouble the
American troops have been having in
Batangas province. 1t is said that de-
serters from this regiment led the fight
near Lipa in July in which Captain
Wilhelm and Lieutenant Ramsey,
Twenty-first infantry, and Lieutenant
Lee of the engineers were killed Gen
eral Smith in Samar and the Tween
tieth infantry in Batangas are said to
be hot on the trail of the deserters.
Mail advices from the Philippines
are to the effect that the military au-
thorities have been obliged to expel
all the agents of the English houses
at Manila from the islands of Samar
and Leyte, IS they have been engag-
ing in traffic with rebellious natives.
1t is expected that the British consul
will refer this matter to London for
instructions, but no serious trouble is
apprehended