davidaulloa/AmericanStories huggingface dataset:
The Saint Paul globe., 1901-06-05
.LAN DECLARED INVALID
CITY's ACQUISITIONS OF MARKET
SITE LAND BY coNDEMNA-
TIoN Illegal
DECISION BYTgJEDGE KELLY
Summary Condemnation Violated
the Constitutions, and Long De-
lay Is PrObabIe-PIan to
Evade Decisfon.

AS anticipated by the market site COM
mittee, Judge KeIly,5of the district court
holds that the law permitting condemna-
ton proceedings by Which the market
site on Jackson street was secured Is
unconstitutional.
His decision was handed down yester-
day and was given in response to the an
peal of H. w. Bartol, of Philadelphia,
who demurred from the proceedings
taken to acquire his land. His principal
objection was against the amount ten
dered by the city, $9,140, though mis- OBJ
jections to the court were based entirely
ON the unconstitutionality of the law al
lowing such condemnation proceedings.
The act under which the proceedings
was taken is one giving the common
council of any city having at the last
census more than $1,000 inhabitants the
power to procure market site, and 1t is
here Judge Kelly takes the opportunity
of administering body blow to special
legislation. Says Judge Kelly in mis-
findings:
ITO protect from growing evil of special
legislation the people of Minnesota In
1883 adopted, and in 1892 amended what
appears now as section SO of article Of
the constitution. BY this section the
legislature is among other things forbid
den to pass any local CT special law regu>
lating the affairs of any city IN the state
Ever since it's adoption efforts have been
made to evade this plain constitutional
prohibition. Perhaps that the prohibitory
clauses are too sweeping and drastic may
excuse these repeated attempts to ndllify
them, but the remedy lies with the peo-
pie and not with the courts. The funda,
mental law, national and state, contained
in the constitution should be by tho
courts strictly and fearlessly enforced,
whatever the consequences
The 1898 amendment to the constitution,
says Judge Kelly, provided for general
laws legislating for cities having certain
numbers of inhabitants, meaning that
classification based on population may
lie made arbitrarily in such general laws.
The other conditions for a valid classlf-
cation still exist under the decisions OF
our supreme court!
The vice of the act of 1899 is the at,
, tempt to limit Its application to "any city
of the state having at the last preceding
state census, Inores than $4,000 inhabit>
ants" 20 .o
In view of the decision Of the court IL
is hardly probable that anything further
will be done this year, The city is now
in possession of sufficient land to allow
the construction of a market house and
will defer further acquisition until some
other way out of the difficulty can he
found. The ground in all probability will
be condemned for street purposes Mr..
Davidson whose place is north Of the
Bartol property, has signdfied his willing
ness to sell.
The Saint Paul globe., 1901-06-05
BoNDsMAN Is HELD LIABLE.
p. j. Giesen Has to Pay $4,000 to
Minna KIeeburg

Judge Bum, of the district court, yes
terday filed an order granting A1inna
Kleeburg judgment in the sum Of $3,9O6.7E
against P ]. Giesen, one of the bonds
men of Ernest Schrader as adminfstra-
tor of the estate OF Sarah Lebenbaum.
Sarah Lebenbaum died in Germany ir
July, 1895, leaving property in WinonG
Minn. Ernst SchradeF- was appointed ad-
ministrator. The estate was duly probat-
ed and the final account showed s2,7981s
in the hands OF the. administrator. The
final decree gave all the estate to the
plaintiff, and Scbrader was directed to
pay it over, which he never did
The court, in his findings of fact, says
that Schrader collected from the estate
the amount for which judgment is grant
ed, but neglected to turn it over to the
heirs. He has disappeared, nor can his
other bondsman, Albert Scheffer, be To-
Gated. Consequently the entire liability
falls upon Giesen.
The Saint Paul globe., 1901-06-05
DESERTED BY HUSBANDS.
Three Wives Seek Remedy Afforded
by Divorce Court

Annie Herman has commenced an
action in the district court to secure
divorce from Gustaye Herman on the
ground of desertion The plaintiff is
twenty-s9ven years old and the de-
fendanr thirty-seven Her maiden name
was Annie Dick and they were married
at Eau Claire, Wis, Feb. 6, $780, They
have one child, son ten years of age.
Jennette A. Bresnan has sued Maurice
d. Bresnan for a divorce on the ground
of desertion. They were married at
Prescott, Wis, on Dec. %, 1892 and have
no children. The plaintiff is thirty-eight
years OF age and the defendant thirty
five.
Jennie Ahearn has commenced an
action in the district court to secure a
divorce from her husband, William
Ahearn on the ground of desertion. Ac-
cording to the complaint they were mar
ried at Marinette, Wis., on Oct. 10, 1898,
and the alleged desertionr occurred in 1895.
The plaintiff is twentyreight years old
and the defendant thirty. They have no
children living. t1st5L
The Saint Paul globe., 1901-06-05
HASTINGS

CASTINGS, MINI. June 4-(special.)
wife Lena R. Heinen, was solemnized at
st. Boniface church today at 10 a. M,
the Rev. Othmar Erren officiating.
Rudolph Latto, president of the Ger
man-American bank, and one Of Hast
ings' old and prominent citizens, died
this morning from liver trouble after a
protracted illness, aged seventy-four
years. He has resided here since 1856.
The funeral will be held from St. Luke's
CHURCH on Thursday, at p. M, the Rev.
The Saint Paul globe., 1901-06-05

him with having attempted to pass a
false money order Each pleaded guilty.
Russell was fined SIS and Armstrong $3.50.
The case of Russell Sage VS.. The Town
continued.
Thomas Fraser of Rochester, was ad-
mitted to practice in the United States
district and circuit courts.
John Lesnau is now on trial on the
charge of having raised $1-bill to the
denomination of $40.
The Saint Paul globe., 1901-06-05
POLICY COVERED THE FISH.
Insurance COmpany's Motion for
Trial Is Denied


Judge Bum, of the district court, yes
tCrday filed an order in the case of the
Boak Fish company against the Map
chester Fire Insurance company, in
which the court denied the defendant s
motion for judgment Notwithstanding
the verdict for a new trial. The plaintiff
sued on policy covering a store of fish
IL the annex, so-called, of the cold stor-
ege warehouse, which was burned.
In his memorandum Judge Bum saws:
81 am still of the opinion that the fish
stored in the so-called annex were COW
cred by the policy. The question of
whether the loss of the goods was the
direct and necessary consequence of the
fire was properly left to the jury, and
see no reason to doubt the correctness
of it's decision on that point. I do not
think I can say, as matter of law,
that plaintiff did not use all reasonable
efforts to save his property. That ques-
tion under the evidence was for the jury,
1t was question, 1 think on which
reasonable men might well differ
The Saint Paul globe., 1901-06-05

ATLANTIC CITY. N. J., June 4.-The
British steamship Ranalda from Trini-
dad, for New York, and whose cargo of
asphalt melted and caused the ship to
list SO badly that she anchored off here
yesterday, sank early this morning off
shore about mile from Young's pier.
The ship lies easy in six fathoms of
water. Her crew came ashore In row
boats. An immense crowd of summer
visitors Is gathered along the board walk
viewing the unusual spectacle.
The Saint Paul globe., 1901-06-05
Estate of Hannah Marvin

The will of Hannah Marvin, deceased,
was filed for probate In the probate court
petition askirg to have Richard Marvin,
Albert p. Lewis and Daniel w. Doty ap-
pointed executors of the estate. which
amounts to $l00 in personal and 5000 in
real property
The Saint Paul globe., 1901-06-05

that he was fireman in the employ Of
the defendant company and was under
the engine, cleaning out the ashpan,
when another engine bumped up against
the one under which he was working
causing 1t to start suddenly, and he was
badly crushed and received internal in
juries. The accident occurred Oct %
last.
The Saint Paul globe., 1901-06-05
Order for a New Trial.

Judge Bum yesterday filed an order
Elizabeth A. Coonan against the Ameri-
can House Furnishing company, and
granting motion for new trial The
plaintiff secured a verdict for personal
injuries, which the court holds was not
warranted by the evidence.
The Saint Paul globe., 1901-06-05

Judge Bum, in the district court yes
terday, ordered findings for the plaintiff
in the divorce case of Arobine NJ. Hunter
against Benjamin Hunter brought on the
ground Of desertion. They were married
were three children born, two of whom
are still living. The alleged desertion
occurred in 1S7h
The Saint Paul globe., 1901-06-05
Salaries to Be raid Quickly.

In order to obviate the necessity of
county officials and employees waiting a
month extra for their salaries, they will
hereafter be paid by commissiorers'
warrants, which can be cashed the mo-
ment they are drawn. Public Examiner
Pope and County Attorney Kane hold
that such Is legal.
The Saint Paul globe., 1901-06-05
POLICE COURT BREvITIEs

The charge against DR.. Thomas 9.
Cook, arrested for drunkenness and dis
orderly conduct, was yesterday stricken
from the police tab on motion Of City
Prosecutor Finehout. Cook is at the city
hospital recovering from too much liquor.
The Saint Paul globe., 1901-06-05

Judge Kelly and a jury, in the district
court, are trying the case of Edward
railway an action to recover $4,000 for
personal injuries. The plaintiff alleges
The Saint Paul globe., 1901-06-05
Rain at Lartmore

LARINrORE, N. D, June 4.--(special)-
After much uneasiness all spring rain
pegan last night continuing until noon
today. Crop conditions are now excellent
and everybody jubilant.
The Saint Paul globe., 1901-06-05
j. H. MAYALLs7, ESTATE.
His Property Is Valued at $4,000,
to BE Divided by .Tyvo Heirs.

Mrs. M. L. MayaHs widow of the late
James II. Mayall, has petitioned the pro
bate court that letters Of administration
be granted to the son, Herscnal J. Mayau
Tho estate Is valued at, 5000 in personal
and $4,000 in real property There are
two heirs, Mrs. Marilla,. L. Mayall, the
widow, and Herschal Mayall, the son.
The Saint Paul globe., 1901-06-05
ALDERMEN AND GAMBLING.
Claimed West Superior City Fathers
own Joints.

WEST SUPERIOR, Wis, June 4-(spe-
cial. Upon motion Of Aid. Barry, the
council tonight ordered the mayor and
chief of police to report on the number
of gambling and ill-fame houses running
in the city, contrary to law. It is alleged
that three aldermen control one gambI ng
house, and that a fourth is owned and
controlled by another alderman. There
is said to be some kind of q deal behind
the resolution calling for the report.
The Saint Paul globe., 1901-06-05
WHITE EARTH AGENCY.

Simon AIicheies Named as Agent by
President Mckinley.
WASHINGTON, June 4-The president
today made the following appointments:
Treasury-Lincoln Avery, collector of
customs, district of Huron, Mich.
lnteror-SimOn Michelet. agent White
Earth Indian agency, Minnesota; Dupor-
tel G. Sampson, receiver of public mon
eys at Ashland, Wis.
The Saint Paul globe., 1901-06-05
BOTH PRISONERS PLEAD GUILTY..
June Term of U. s. Court Opened
ct Ninnnn

WINONA, Mimi, June 4.-The June
term of the United States court opened
here this morning. The grand jury was
sworn and retired, and late this afternoon
John A. Russell, of Austin, charging
him with having passed an obscene and
immoral letter through the mail, and
one against o. B. Armstrong, charging
The Saint Paul globe., 1901-06-05
CHANGE OF EEEE.

II was taken sick
Eve years ago with
The Grippe and
had a relapse and
was given up by
The doctor and my
friends. Change of
Life began to work
on me. 1 flowed
very badly until a
year ago, then my
stomach and lungs
The Saint Paul globe., 1901-06-05

got so bad, I suffered terribly the
blood vent up in mylungs and stomach,
and 1 vomited it up. I could not eat
scarcely anything. 1 cannot tell what
l suffered with my head. My husband
got me bottle of Lydia E. Pinl1ham's
Vegetable Compound, and before 1 had
taken half of 1t began to improve,
and to-day am another woman. The
Pinkham's medicine has saved my life.
cannot praise it enough"
NJ. A. DENsoN, Millpert, NY.
GEEEHBfl wifi 30 saEefIffESES keSfEnso.
SsS1sSsss=zS. ~ ~ - s3taI Is not genuine
Lydia e. FI7EEfIaE8F SFSCfEcE1e Coo
Gilpin observer., 1901-05-02

The postmaster general
has had his attention called to a petition
---one of the duplicated kind-to the
president, which is being circulated for
signers among retail merchants OF the
South and Middle West, urging him to
prevent a system Of domestic parcels
post by the post office department. 1t
would seem that every business man
ought to know that the president has
nothing to do in matter of this kind
and that the post office department can
not establish any system not specifically
provided for by an act of congress. AS
a matter OF fact, the present postal laws
provide for the carrying of merchandise
in packages Of four pounds or less to
any part OF the country, Canada or Mex
leo, at the rate OF one cent an ounce, as
they have done for some yeary.
Gilpin observer., 1901-05-02
Notice OF Forfeiture.

To Henry Niccum, or Is Whom II May Concerni
You are hereby notified that We have performed
ON the Mountain Beauty mining claim, situated
IN Enterprise Mining district Gipin county,
Colorado, tho location certificate of which Is re-
hllpin county. under the provisions Of section
2J2i of the revised statutes OF the United States
hnd MI amendments thereto concerning annual
labor on mining ninis, being the amount re.
quired by Inv 20 hold said claims for the period
ending on the 3lst dny Of December. 1900. And
of this notice, or within ninety dnys after the
publication thereof. you fail To or refuse TO pay
your proportion Of such expenditure MS co-owner
your Interest in tho same will become the prop
crty OF tho undersigned, your co-owners, who
made the required expenditure by the terms Of
nid section of the revised stntutcs Of the United
States. JOHN N. MACkEY,
j. W. ELLIS.
First pub Feb 2s-last May 80. 1901.
Gilpin observer., 1901-05-02
Question Answered.

Yes, August Flower still has me
largest sale OF any medicine in the evil
lied world. Your mothers and grand
mothers never thought Of using any
thing else for indigestion or biliousness
Doctors were scarce. and they seldom
heard OF appendicitis, nervous prostra-
ton or heart failure, etc. They used
August Flower to clean out the system
and stop fermentation of undigested
food, regulate the action OF the liver
stimulate the nervous and organic action
of the system, and that is all they took
when feeling dull and bad with head
aches and other aches. You only need
few doses of Green's August Flower,
in liquid form, to make you satisfied
there is nothing serious the matter with
you. Sample bottles free at Ii. p. Davis
& Co.
Sold by all dealers in all civilized
countries.
Gilpin observer., 1901-05-02
{. ]. ALTVATER, PUBLISHER AND PROPRIETOR.
THURSDAY, MAY 2, 1901.
Last Eyening,s Smoker.

The smoker given last evening by
Central City camp No. sos, w. of w.
proved fine entertainment, surprising
any previous one. 1t commenced at
$50 o'clock by a selection rendered by
tine Moonlight Serenading club of
this city, followed by bouts in
wrestling, fencing with foils, box
ing, recitation, songs, interspersed by
selections of music by the Moonlight
Serenade club, and favorite selections
by Prof. Blakesley on the piano, the
boxing given by local talent, some of
whom showed considerable proficiency
with the gloves, especially the bout be,
tween Charley Shaffner and Ed Henley
who representated the heavy weight
champions. During the exercises, Gig
ars, lemonade, coffee and sandwiches
were handed around among the audi
ence profusely. The smoker closed
with three round bout between Geo,
w. Schneider and Charles Blakesley
which reminded number present OF
the boxing given by well known profes
sionals, who gain their livelihood in the
ring. The fun kept all present-the hall
being crowded-in the best OF humor
Space and time forbids an extended
write-up. 1t is not unlikely that this
camp will in the near future give a
musical entertainment at the Opera
house, at which all will be invited. G.
W. Schneider presided, assisted by B.
P Thomas.
Gilpin observer., 1901-05-02
Notice of Forfeiture,

To Julius weing or Whom II May Concern;
You nre hereby notified that we hnyc performed
the nnnnnl labor required by law for the years
is's, isn and 1900 ON the Gold Brick lode, stu-
nied In Gregory Mining district. tiilpin county,
Colorado, the location certificate of which u
fecoIdcd in book iss, paec 2a3 of the records Of
,iilpin county, under the provisions OF section
.s2! of the revised statutes of the United States
mud NIL amendments thereto concerning annual
labor upon mining clnine, being the amount re-
1uited by Inv To hold snid mining clnlma for tho
And u within ninety days from the pefApnal
service of this notice or within ninety Gays Nor
the publication thereof. you faii or refuse to ~
Your proportion of such expenditure ns co-ownN
your interest In snid claim will become thdS
property, Of tho undersigned. your colownera,
of said section of the rcyiped stntites OF tho
United States.
JOHN SIiULTZ,
49, ANTON IiElBENGER,
First pub April i-last July !, 1901.
Gilpin observer., 1901-05-02
Notice of Forfeiture.

10 tdl Mchays
You are hereby notified that We have performed
the annual labor required by lnw for the year 1900
on the Mountain Lady and Cal Mckay lode min
Gilpin county, Colorado, the location certificates
of which are recorded respectively in book 1888,
page 236, and book 1885, page 23d in the records of
Gilpin county, under the provisions of section
232t Of the revised statutes of the United States
and all amendments thereto concerning annual
labor upon mining claims, being the amount re-
ending on the 3lst day of December 1900. And If
within ninety days from the personal service of
this notice, or within ninety days after the pub
lication thereof, you fail TO refuse to pay your
proportion cf such expenditure as co-owner
your Interest in all claims will become the prop
erty Of the undersigned. your co-owners. who
madetiie required expenditure by the terms Of
said section of the revised statutes OF the United
Stutes. w. J.. WRIiHT,
JOHN SMITH.
First pub Teb 2s-Last May 90. 1901.
Gilpin observer., 1901-05-02
Doc. IL Pay 10 nny ohenp?

A cheap remedy for coughs and colds
is all right. but you want something that
will relieve and cure the moro severe
and dangerous results Of tbroat and
lung troubles. What shall you doY &c
to warmer and more regular climatet
Yes, II possible; IL not possible for you.
then in either case take the ONLY remedy
that hns been introduced in all civilized
countries with success in severe throat
and lung troubles, "Boschee's German
Syrup" II not only heals and stimu
lates the tissues to destroy the germ
disease, but allays inflammation, causes
easy expectoration, gives good nights
rest, and cures the patient. Try ONE
bottle. Recommended many years ny
all druggists in the world. For salc by
L. p. Davis a Co.
FOR SALE, CHEAP-Good ranch
Inquire Of lgnass Gundy, Quartz valley.
Gilpin observer., 1901-05-02
First pub Veb 2s-Lnst May 30. 1901.
Notice of Forfeiture.

To Herman Schellenberg:
You are hereby notified that We have per-
formed the animal labor required by law for the
years lsh, ls!I, lsas, 1889 and 1900 ON
the City Of New York and City of Brook
lyn lode claims. situated in Vermillion
and Lincoln Mining districts, counties
oi Gilpin and Clear Creek, Colorado the Ioca-
tion certificates of which ufe recorded i'm kpoka
IL and l2l on pages 3ii and i1g of the recoA u
tiipin and C!enr Greek counties. Colorad0v
Of section 232i OF the revised statutes of ny
United States, md the amendments thereto, con-
cerninR nnnnnl labor on rining claims, and
unless you pay your proportion uf snid expendi-
iure M co-oNner within tho time prescribed by
law your Interest In snid property will DO FORE
feted to uH.
LOUIS A. BECKER,
ALFRED WETTSrEH
Dated; Central City, Colo. Arril 3, 1901.
First pub Apri i-I.nst July I, 1901.
Gilpin observer., 1901-05-02
Excursion to San Francisco.

On May and Sth the Uuion Pacific
will sell round trip tickets to San Fran
cisco at rate Of $500. Corresponding
reduction from other points. See your
local agent or address E. r. Griffin, gen
.eral agent, Denver.
Gilpin observer., 1901-05-02
ltIkLW Nx may be secured by
IL our aid. Address,
I'M kVH q The PATENT RECORD,
esn AzaaaRznenuxSA Baltimore. Md.
Notice nf Final Settlement.

In the matter of the estate of Ozias I. Sparks,
deceased.
Notice is hereby given, that on MondaA the
18th day of May. 4. ID. 1901. being one os(Sl0
regular days of the March term of the COM
court OF Gilpin county. in the state of Colorado
|. George W. Sparks, administrator of sai4
estate, will appear before the judge of said court
present my final settlement such adminiA
TRAITOR pray the approval of the same, and will
then apply to be discharged such admin
tr,tcr. At which time and place any person "A
interest may appear and present objectionB TO
the same, if any there be.
Dated ut Central City. Colo, March s0N. 1901.
GEORGE w. Sparks,
Administrator of the Estate of Ozias I. Sparks,
Deceased.
First pub April 1l-lnst May o, 1901.
Gilpin observer., 1901-05-02
FURNITURE, STOVES and CAR
PETS. The A. l.. Anderson Furniture Co

Are you nervous, run down, week and
dispirited? Take a few doses OF Her
bine. 1t will infuse new energy, new life
into the exhausted nerves, the overwork.
ed brain or muscular system, and put a
new face on life and business. Price 80
cents. For sale at the Black Hawk
pharmacv
Gilpin observer., 1901-05-02

There is probably no disease or condi-
ton OF the human system that causes
more suffering and distress than piles.
Tablers Buckeye Pile Ointment cures
them quickly, without pain or detent-
ion from business. Price, 30 cents.
Tubes, ~ cents. For sale at the
Black Hawk pharmacy.
Gilpin observer., 1901-05-02

You can help anyone whom you find
suffering from inflamed throat, laryn-
geal trouble, brohchts choughs, colds,
etc, by advising the use OF Billiards.
Horehound Syrup; the great remedy for
coughs and colds. Price, % and 80
cents. Black Hawk Pharmacy.
Gilpin observer., 1901-05-02

The Hoimann Upholstering Co. will
renovate your hair and wool ticks, and
your feathers, will clean and lay your
carpets as well as make new your old
furniture. Second door cast Of w. G
Fulcrton's law Office.
Gilpin observer., 1901-05-02
Fresh Eggs

Fresh Eggs
Received direct from the valley ranches
at the Sauer McShane Mercantile com
pany's store.
Gilpin observer., 1901-05-02
New England Bread

Something new, baked every day fresh
and nice, at the Union and Buck Hawl,
bakeries
Gilpin observer., 1901-05-02

Fine watch repairing at the Mineral
palncn
Lexington gazette. [volume] (Lexington, Va.) 1871-1962, 1901-01-09
MUCH APPRECIATED CAL
ENDAR.

Isn't it pretty?" is the universal re-
mark of ladies when they pick up one
of Hoods Sarsaparilla Ca endars for
1901. Messrs. G. I. Hood & Co. are as
enterprising as ever, aud, as usual, 'hei'
household calendar for the opening
year of the goth Century p rIrays the
likeness of a little girl, with flowing
hair, pink cheeks and bright eyes, which.
with the posture OF the child, fully
bears cut tie title of the picture,
"Patienct." The calendar pad is lar
ger an usual, and besides the valu-
able information given on the monthly
sheets, has advertising and coupon
slips interspersed. The demand for
these calendars has necessitated tn
issuiog of large edition, which cause
the commencing CT work on them early
in September; the last orders not being
filled until within few days of the new
year. Druggists generally can supply
YOU with ihese calendars, or copy eau
be obtained by sending six cents IL
stamps to G. I. Hold & Co., Lowell,
Mass.