davidaulloa/AmericanStories huggingface dataset:
The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1902-03-01
EMPLOYER is LIABLE
SUPREME COURTS RULING IN A
Personal INJURY
SUIT
LOWER COURT IS UPHELD
Liability of Master in Respect 70
Machinery Used by Employees
Defined-Damages
of $1,000.

The state supreme court yesterday
handed down one decision. 1t is in the
case of Anna NJ. Gray against the COnl-
mutator Company of Minneapolis The
court uphOlds the verdict of $1,000 award
ed the plaintiff in the district court Her
son, Frank Gray, while working for the
company, lost portion of his left hand
, in machine Nov. 10, 1900. The court finds
that the boy had no knowledge Of the
risk he was taking in working with the
machinery by which he was injured. The
complete syllabus of the decision Is as
follows:
Anna NJ. Gray, respondent, VS.. the Com
mutatOr company, appellant.
1. II IS the DUTY of the master TO FUR
nlsh reasonably safe machinery for the
use Of the servant in the performance
of the duties he undertakes in the mas
ters service, and it is IN the first in
stance to be presumed that the machin-
cry 50 furnished is safe and free I1Om
dangers OF Which the servant has no no.
tice.
2. In such a case the servant has the
right to act upon the assumption that
the master has done his fun duty in such
respects, and should not be charged with
contributory negligence in making use OF
the machinery furnished for that pLr-
pose.
3. Til. masters duty and liability in
respect to furnishing safe machinery OK
tends not only to such unnecessary and
unreasonable risks as are in fact known
to him. but to such as the master Ought
10 know, in the exercise of diligence on
his part.
4. If there exist obscure conditions
and peculiar attributes in the machinery
furnished, increasing the hazards OF The
service, it is the duty of the master to
give his servant ample warning and in
formation concerning the same and
failure to do so is violation of the
duty Of the master for which he may be
liable in case injury should occur by Tea-
son thereof.
8. While the lack of specific warnings
or instructions in regard to the operation
of a piece Of machinery would not alb
solve 2 servant from responsibility for
the assumption of the risk when with the
exercise of ordinary intelligence he could
have known or appreciated the same,
whether he did so is ordinarily a qUes-
ton of fact for the determination Of the
jury upon all the circumstances Of the
Ease.
g. Evidence in this case considered and
held, that it supports d verdict in favor
of plaintiff for injuries to her son suffer
ed while working as an employe upon
dangerous machine, for the reason that
the evidence tends to show that he had
no notice or knowledge of the precise
risk through which the same were in
Cured.
Z. The verdict of $1,000, in this case,
held not excessive. Order affirmed.
Lovely, j.
The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1902-03-01
DEATHS.


SEIBERT-George c., at his home, 16
Buckingham, Wednesday, Feb. g. at /
p. m, aged thirty-eight years. Funeral
from above residence Saturday morn
ing, March l, at $3.50 o'clock Services
at Central Presbyterian church at 10
o'clock. Interment at Oakland ceme-
terry.
FLAGG-In st. Paul, Feb. %, 1902, Sarah
r. Flagg, widow of Samuel D. Flagg,
late Of Buffalo n. Y, and mother Of
DR.. Samuel d. Flagg. Funeral services
at the Church Of the Good Shepherd,
corner Of Twelfth and Cedar streets,
Tuesday, March 4, at 4 p. m. Inter
ment at Buffalo, n. Y. Please omit
flowers.
st. Paul, Tuesday, Feb %,
George s., aged seven months, son of
George and Katherine LOTUS, 407 lyle
hart street. Funeral from residence.
10 a. m. Saturday, March / Interment
a Calvary cemetery.
SWANSTROM-In st. Paul, Mimi, Fri
day, Feb. Is, at the residence of his
daughter, Mrs. II. A. Charles, 700 Preble
street, John Swanstrom, aged seventy
nine years. Funeral services at resi-
dence Sunday March 2, at l o'clock p.
m. Interment at Red Wing MINI
Friends Of family invited.
The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1902-03-01
TRIED TO WHIP OFFICER
CHARLES MONAHAN HAS LIVELY
TUssLE WITH OFFICER CALVIN.

Ofncer Thomas Calvin had a lively
time for few minutes with man Civ
ing the name of Charles Monauan. on
Seventh street near Wacouta, shortly
after o'clock yesterday afternoon, but
in spite of the Efforts of Monahan, the
officer was able to subdue him and take
him to the patrol box, where he was
held a prisoner until the wagon arrived
and took him to the central police sta
ton. At the station he was charged
with being drunk and disorderly and
resisting arrest. According to the police
Monahan had had too many drinks and
imagined he could whip all Of the bust
ness men on East Seventh street, and
he was in the act of telling them So
when Officer Calvin arrived on the
scene. On seeing the officer, Monahan
started for aim, but Calvin was too
strong and finally got him under control
Before he was arrested Monahan fell
on the sidewalk and received a slight cut
over his eye.
The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1902-03-01
PRACTICAL TEST TODAY
UNDERTAKINGS WILL BE EXAM
INED FOR EMBALMERS'
LICENSES TODAY
Convention Practically Finished Ets
Work Yesterday, When OFF,
GERS Were Reelected for
Another Year.

Yesterday was practically the last day
of the Funeral Directors convention
here, although quite a number will re-
main to take the eXamina ton for en-
balmers' licenses which is to be held
at the state university this morning.
DIR. Bracken, of the state board of health
at the morning session yesterday an
nounced the examination, which will be
under the direction of Dr. Bracken, DR.
Erdman, of the state university, and
Prof. HOhenschub, of Iowa City. The
examination will be composed of writ
ten work, practical embalming and oral
quizZing.
w. l.. Grapp. of Waseca, addressed
the convention in the morning, and told
of some strange answers that had been
given by applicants for licenses in ex-
aminations in which he had participated.
He urged upon the undertakers the ad-
Instability of securing state licenses, and
thus doing away with many irksOme legal
restrictions.
The committee on the presidents re-
port Endorsed the recommendations
made by that officer in regard to Sun
day funerals and that there should be
no female embalmers. The convention
accepted the report without division.
Resolutions of sorrow were adopted
upon the death of N. f. w. Warner
former president of the association. The
afternoon session was entirely given to
lecture and demonstration, and a class
conducted by Prof. Hohenschub.
The present officers Of the association
were all reelected They are as fol-
lows
President. G. f. Baird. Austin; first
vice president, Martin Benson. Fee
Falls; second vice president. Theodore
Bunker, St Paul; third vice president,
O; Simon. of Glencoe; secretary, J. A.
WilWerscheid, Of st. Paul; treasurer. w.
ii: Davies. Minneapolis: executive com
mittee. w. L. Grapp, Waseca, and l.
Simonet, Saltwater.
The following were elected delegates to
the next National Undertakers' conven-
ton. which will be held at Milwaukee
next October: J. A. Wilwerscheid. Theo-
dore Bunker. w. l.. Grapp and George
D. Craig. The alternates are: G. L.
Baird, Peter MajewsE, f. w. Davis and
Charles E. Johnson.
The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1902-03-01
M'CARDY is UPHELD.
JUDGE OTIS DISCHARGES MAN
DAMUS PROCEEDINGS BROUGHT
AGAINST COMPTROLLER
BOARD OF WORKS IN ERROR
ForrestaI Award Which McCardy
Refused to Approve, Held to
Be illegal by the
Court.

Judge Otis filed a decision yesterday in
the mandamus proceedings on the part
of the James Forrestal company against
]. J. McCardy, city comptroller, to COM
pei him to countersign the contracts for
matchmaking East Seventh street from
Hope to Atlantic streets.
The court finds that the relator, the
Forrestal company is not entitled to
any relief and discharges the alternative
writ. Comptroller McCardy refused to
approve the contract on the ground that
the award was not legal and in that po-
sition the court upholds him.
The court holds that the board of pub
lie works should have included me en-
tire street in the contract and not have
excluded or omitted that portion of the
roadway lying between the street railway
tracks; and also that the board should
not have included in the plans and speci-
fications the crossings which must be
paid for from the general fund and not
from property assessment.
The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1902-03-01
Olson Signs Peace Rond

John Olson, sent to the workhouse ten
days ago to serve ten-day sentence for
being drunk, was Immediately arrested
on his dismissal from the workhouse yes
terday by Bailif Gibbons on a warrant
charging him with dsorderIy conduct.
peace bond The complaint was made
by Lena Larson, who lived up stairs in
the house he occupied, and she had him
ing drunk and disorderly. When the case
came up she did not appear to prosecute
the disorderly charge and he was allow
ed to get off with ten days, but the day
after he had been sent out. however
she appeared in court and swore out a
complaint. When he was brought into
The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1902-03-01
PROBATE DECREE FINAL.
Judge Otis Files Order in Guardian
ship Matter.


Judge Otis filed an order yesterday in
the case Of Amy Lord, an infant, by A.
r. Capehart, her guardian ad Item,
against Fanny Lord, an action entailing
construction of the will of Samuel D.
Lord, father of the plaintiff and nus
band of the defendant The court holds
the decree of the probate court to be
final and effective, as it is not appealed
from.
The court finds the defendant to be en-
titled to the possession, use and enjoy
ment of the property in question until
plaintiff is twenty-one years OIL age or
until plaintiff marries, if she shall mar
ry before reaching that age; that Wien
plaintiff attains the age Of twenty-One
years, or if before that time she mar
rieS, then upon her marriage, the pos
session, use and enjoyment of the prop
erty Immediately vests in the plaintiff
notifications and limitations winch are
specified.
The court finds that if the plaintiff at
tains the age Of twenty-One years and
has issue then upon the concurrence of
such events or in case she survives the
defendant, then upon the defendants
death, the plaintiff becomes Immediately
vested with the sole, absolute title to
the property in fee simple; but that if
plaintiff, whether married or not, dies
before reaching the age of twenty-one
years either with or without issue, or
if she dies after reaching the age of
twenty-one years without issue then on
her death the possession, use anu en-
joyment of the property again vests in
the defendant, if she survives, for and
during her natural life, provided that if
at the time of such death defendant is
the sole heir at law of plaintiff, then
she becomes vested with the absolute
title in fee simple.
Further the court finds that if plaintiff
dies before title shall have vested in Der
absolutely in fee simple and defendant
survives and is not her sole heir at law,
then, upon the death of the defendant
the property is to be distributed as if
the said Samuel D. Lord had died in
tCrtata
The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1902-03-01

STATE OF MINNESOTA, COUNTY or
Ramsey District Court. Second JIdi-
cial District.
n the matter Of the adoption Of Arthur
Harris.
On reading the petition Of He-be~t
Turner and Pauline Turner, his wife, OF
st. Paul, Minnesota, for leave to adopt
Arthur Harris, aged about three years,
son of Sigma Harris, formerly Of ST. Paul
Minnesota; and il appearing from said
petition that the father of said child is
dead, and that the mother OF said child
has abandoned IL and gone to parts un-
known, and that said child has no guar
dian, and no next Of kin IN this state to
the knowledge Of the petitioners. and
that the Chairman Of the Board Of C0uu-
ty Commissioners Of Ramsey County,
Minnesota, has consented to the adOp-
ton of said child by said Herbert Turner
and Pauline turner his wife:
1t Is Ordered, That said petition be
heard at a special term Of this court 10
be held at the Court House, in the City
Of st. Paul, Ramsey County. Minnesota,
on Saturday, the 9Th day OF April 1902,
at ten o'clock in the forenoon OF said
day, or as soon thereafter as said mat
ter can be heard.
Ordered Further. That notice OF such
hearing. and Of the time and place there
Of, be given by publishing this order IN
the st. Paul Globe. daily newspaper
of general circulation, printed and pub
lished in st. Paul, Ramsey County Min
nesOta, once in each week for three sue
cessiVe weeks, the last publica ton there
of to be at least ten days before the
time fixed for the hearing Of said petit
ton
Dated st. Paul. Mimi. February 18th.
1902
WILLIAM LOUIS KELLY.
District Judge.
st-Saturdays.
The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1902-03-01
AN TUNA7 EFAMILY
FATHER PROBABLY INSANE, THE
MOTHER MORTALITY SICK.

A distressing condition Of cumulative
domestic misfortune has been discovered
by the Humane society in the family of
John Wyman, who was yesterday sent
to the detention hospital on the SUPPOSE
ton that he is insane.
Wyman, with his family, has been liv-
ing at u Newcomb street. About two
years ago he was pro strated by the heat,
and since that time has been affected
mentally. After a MISUNDERSTANDING
with his wife, about two months ago, he
inflicted severe wounds upon his head
with a hammer in an effort to commit
suicide, and his mental malady was ag.
gravated.
Wyman's wife is now at the city hos
pital suffering from a severe attack of
pneumonia, and it is feared that she will
not recover. There are five children.
ranging In age from thirteen years to
six months, who were left entirely de-
pendent upon the kindness of neighbors.
The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1902-03-01
sw1FTs AGREE TO COMPROMISE
Charles r. Croft Will Use Name Only
on Medicines.

By a stipulation between the parties
to the action, made binding through a
decree of Judge Lochren, the suit OF
Swift & Co., of Chicago, against Charles
r. Croft ct al, of this city, has been
brought to a determination. Briefly
stated, the effect of this decree is that
Charles R. Croft and his co-partners may
not use the words "Swifts' Swift
of Swift's Union Stock Food Co., in con-
nection with the manufacture and sale
of any stock food or any product which
is similar to any of those made and
sold by the plaintiff firm. This restric.
ton will not apply to any Of the pat
ent medicines made by the Golf concern
and sold as Swift remedies.
The decree is in pursuance of an oral
order delivered by the court at the ter
mination of the trial of the action. One
of the demands of the plaintiff was for
an accounting of profits gained by the
defendant through the use of the name
of Swift, but it was shown that would
be practically impossible, and by stipu-
lation the nominal sum of 81 was agreed
upon as the measure Of damages on
that score.
The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1902-03-01
DISTRICT COURT NOTES.

In the case of H. w. Cafin against the
Merchants National bank and Matthew
Clark, a change of venue has been taken
from St. Louis county to Ramsey coun-
ty.
The calendar for the March term Of the
district court, which was issued yesterday
comprises ninety-four jury cases and
ninety-siX court cases. Judges Brill,
Kelly and Lewis will hear jury cases.
Judge Bum, court cases; Judge Jaggard,
criminal causes, and Judge Otis will sit
in chambers.
The win of Charles Cartwright was
presented for probate yesterday Har-
riet G. Cartwright, who is the only sur
Vivings relative of the deceased, is named
as executrix of the viii. The estate is
valued at $1,000.
The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1902-03-01
CLAUssEN-POPE TROUBLE.
Legal Department Said to BE Pre-
pairing Report on 1t.

The legal department is reported to be
preparing for presentation to the council
a report on the investigation Of the
charges preferred by former Bank Ex-
aminer Pope against the engineering de-
partment, but City Engineer Claussen
disclaims any knowledge of the fact
AS MIR. Claussen retires from office on
March II, he says he does not care what
IS done with the report. He claims to
have done everything possible to exp5-
dite matters, hut has been unable to get
the committee together.
Unless it is to the legal department,
1t is known that the committee name
which was headed by Assembyman Dix,
has done nothing and on what the prom
ised report is based is somewhat Of a
puzzle The examination of witnesses, if
any has been done, has been entirely by
the legal and engineering department en-
ployeS.
The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1902-03-01
" ITe Says Her Husband Beat Ter.

William H. Smith, IS South Wahasha
street, was in the police court yesterday
on the charge of assault and battery pre-
ferred by his wife, who alleges that he
beat her and gave her a black eye"
which she exhibited in court Mrs.
Smith has a small confectionery store
and charges her husband with having
when she asked him to return part of it.
alleges that he seized her by the head,
dragged her and pounded her head on
the floor several times. He will be given
morning.
The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1902-03-01
SETTLERS KEEP LAND.
Judge LOchren Decides Against
United States in Donovan Case


United States in Donovan Case.
In the case of the United States of
America against the Southern Minnesota
Railway Co, the Chicago, Milwaukee &,
st. Paul Railway Co., and Michael Don
ovan, Judge Lochren yesterday filed a
decree for the defendants.
The suits involve the question of the
ownership of a quarter section of valua-
bic farming land in Faribault county.
which was included in a grant to the
Southern Minnesota road many years
ago. Later the patent was contested
on behalf of the government on the
ground that the land had been erroneous
ly certified and the demand was made
that it be decided BACK.
In the meantime a number of settlers
had secured title from the railway COM
pany. The effect of the decree is that
the original grant is held by the court
to be in all things valid, and the title
of those persons who secured the land
from the railway company is good
The land is now considered to be very
valuable, and it is therefore probable
that an appeal Will be taken.
The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1902-03-01
= Eoesh Fruits,

Plenty Of good, fresh goods at very
ORANGEs-Extra fancy red blood,
Redlands Navel Oranges, per dozen.
12c,. 15c, tic, zoe, 25c, &c, SIC and &c
Budded Seeding Oranges, per dozen.
Extra large budded seedlings, per
dozen .................... zoe, &c and &c
Per box (any size) .............. 50. 10
Smallest size Seeding Oranges, per
OOA '.-s........... al. 10
Thin Skin, Juicy Lemons, per dozen.
l2c and lac
The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1902-03-01
Jury Has Jeremy Case

the st. Paul Boom company to reSover
damages for alleged unjust prosecution
went to the jury yesterday afternoon at
o'clock, and at a late hour last even
ing no verdict had been reached.
Jeremy was arrested by a special officer
of the boom company on the accusation
that he had stolen logs out of the river
He was tried before justice of the
peace at Pennington,
The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1902-03-01
PULLMAN TOURIST CARS
Via Northwestern to Chicago.

The North Western Line will operate
Pullman Tourist Sleeping Car Service
every Wednesday and Saturday during
March and April between Minneapolis,
st. Paul and Chicago, on their Chicago
Fast Mail Train leaving Minneapolis 5:35
p. M, st. Paul sos p M, arriving Chi
cagO, 700 a. m. The rate for a double
berth on these cars will be only $f.0O.
For further particulars inquire E. A.
Whitaker, 382 Robert street, ST. Paul; ]
A. OBrien, S22 Nicollet avenue, Mime
apolis, or T. W. Teasdale, Gen. Pass.
Agt, ST. Paul, MINI.
The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1902-03-01

ONCE Of the Board Of Public Works.
City Of st. Paul, MINI. February 10, 1902.
Sealed bids viii he received bv the
Board Of Public Works in and for the
corporation Of the City Of st. Paul, Min
nesota, at their office, in said city, until
p. N. on the 3rd day Of March, "A. I'd.
1902, for the paving Of Minnehaha street
from Payne avenue to the bridge over
the Northern Pacific railway. IN said CITY.
according to plans and specifications on
file In the Office Of said Board.
bond with at least two (2J s1reties
IN sum Of at least twenty C2O per
cent, or certified check on a bank OF
st. Paul, in sum of at least ten uO
per cent Of the gross amount bid. must
accompany each bid. Said check shall
be made payable to the Clerk Of said
Board.
The said Board reserves the right to
reject any and all bids.
+. o. HAMMER.
Official: c. IT. BRONSON.
Clerk Board of Public Works
Feb 20, 1902-10t.
The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1902-03-01
Divorce for nexertion

Caroline futile has brought suit in the
district court for divorce from Charles w.
futile, to whom she was married at
Cumberland, Wis, Feb. 10, 1899, and who.
same year. The plaintiff and defendant
are each forty-five years of age. Plaintiff
asks permission to resume her former
name, Caroline Unterman.
The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1902-03-01
VITAL STATISTICS.
Marriage License.

MarTIaBe LIceHst.
Fredl Tesman, Louise LEM.
Joseph Holloway, GerlalHe Marlof
Births.
Mrs. VIM. Bruce. SIS Lafond, girl.
Mrs Chas. Mullen, COZ Dayton, boy.
Mrs. A. H. Carpenter, 168 S. Wabasha,
girl.
Mrs r. J. Conley, 222 Nash, girl.
Mrs A. f. Swanson, 7S5 Hawthorne, girl.
Mrs 7. J. Garvin, 1890 Hastings, boy.
Mrs James Nash, $50 Marion, girl.
Deaths.
NJ. Bjornstadt, AGA Fauquier mos.
Ebart Duell, 1857 E Fourth, - yrs.
VIM. Heir, 498 Marion, 80 yrs.
NJ. r. Tucker, 70 w Seventh, 21A yrs.
j. G. Woendler, Minneapolis, AZ yrs.
A. Nightingale, 1928 Minnehaha, IS yrs.
Milford E. Fuller, AS Anita, 16 yrs.
The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1902-03-01
HAPPY RESULTS
HAVE MADE MANY ST. PAUL. RESI-.
DENTS ENTHUSIASTIC

No wonder scores of st. Paul citizens
grow enthusiastic. 1t is enough
to make anyone happy to find
relief after years of SUFFERING
Public statements like the fol-
lowing are but truthful repre-
sentatiOns of the daily work done
in st. Paul by Doan's Kidney
Pills:
The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1902-03-01
Had His Deserts Already.

Newitt-Yes, old Goodman's three hovs
are bad lot: Two of them, at least, ought
to be in jail.
-, BroWn1Some redeeming quality about
Newitt-Yes. he's already there.-Chica-
sc Journal.
The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1902-03-01

Mr.. A. Dolgrane, gof 237 Granite street.
says: 1T is difficult for me to render
adequate thanks due to Doan's Kidney
Pills for benefit 1 received from their
use Before using them 1 suffered for
years with kidney trouble, and the pains
in my back were SO severe that it hurt
me to stoop or attempt to straighten
up. On procuring Doan's Kidney Pills
from F. M. Parker's drug store, their use
ended the trouble. Whatever brings re-
lief to aches and pains incidental to ad-
vanced age is a blessing to the human
race
For sale by all dealers, 80 cents per
box. Foster Milburn Co., Buffalo, N. Y,
sole agents for the United States
Remember the name. Doan's, and take
no other.
The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1902-03-01

Deposits made on or before March :
will receive one months interest on
April l. Security Trust Company, n. Y.
Life Bldg.
The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1902-03-01

scribed a Iiniment to reduce the swelling
The medicine was clear in color and
looked so much like alcohol that O'Con>
nor thinking it was, drank the con-
tents of the bottle, with the result that
he appeared in court yesterday morning
looking quite sickly after his experience.
The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1902-03-01
Suit to Quiet Title.

Harry Lodge has filed suit in the dis
t tTri!c;t. court against George H; Hill and
10, block 8, and lot H. block 4, of Bacon
and Coleman's Rice street acre lots.