The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1902-08-20
SALTWATER WATER
CASE IS ENDED
Judge WiIliston Decided That H. c..
Farmer Is Not Entitled, to
Any Redress.


z A decision filed by Judge Williston,
of the district court yesterday, against
the, Saltwater Water company, in the
ACTION brought by the company against
II. G. Farmer, nearly a year ago, in
which the company asked that a per-
manent injunction be issued restrain
ing Mr.. Farmer from continuing ex-
caYations on his property west of
Fourth street. Judge Wil1iSton holds
that the plaintiff is entitled to no re-
lief and dismisses the action. The de-
cision is of great Importance, inasmuch
as 1t, determines the rights of Mr.. Far
mer on his own property. The water
company receives its spring water sup
ply from the large McKusick spring,
situate on a lot adjoining Mr.. Farmers
property and the water company con-
tended that if Mr. Farmer was per-
united to continue excavations on his
lot 1T would seriously impair the COM
pany's water supply, and might result
in turning lake water into the mains of
the city. Judge Williston finds that
Mr.. Farmer can eXcavate on his prop
erty as much as he sees fit and if he
finds anything by such excavation that
is. of value to him it belongs to him,
and he can use it as he sees fit. The
water company est forth in it's COM
plant that Mr.. Farmer contemplated
turning the water into a sewer empty
ing into Lake st. Croix, but this is
denied by Mr.. Farmer, who says that
he will-utilize every drop of the water
that comes from his spring for legiti-
mate purposes and is already making
arrangements to do SO. A twenty
days stay of proceedings is granted
and the presumption is that the water
company will take an appeal to the SUI
preme court. The findings of Judge
Williston are voluminous, covering
nearly 100 pages of closely written
legal cap. He makes a thorough and
exhaustive argument covering every
point in the case
In the district court yesterday orders
were filed by Judge Williston denying
PLAINTIFFS application for a new trial
in the case of the National Roofing &.
Corn1ce company against 0. HI. Olson
and refusing the defendants applica-
ton for judgment Notwithstanding the
findings of the jury in the case of
Susan r. Hathaway and others against
David M. Swain.
Since the arrest of Albert SchlusSer,
of Newport, a week ago, on charge
of having acted improperly to Ida A.
Wallgate, Mr.. Sehlusser and his
friends have constantly commended that
Mr.. Schlusser was innocent and that
preliminary examination of the case
would prove beyond doubt that the
accusation made against him at the
instance of Miss Wallgate was abso-
lutely false. The truth of this state
ment was verified on Monday when
Miss Wallgate admitted that the
charge she had made against Mr..
Schlusser was false, and County At
torney Nethaway at once decided to
dismiss the case. The young woman
withdrew the charge she had made
against defendant and later was mar
ried to Frank Schlusser, of ST. Paul, a
brother of the defendant, with whom
she had been keeping company for
some time.
George p. Cronk, the newly elected
exalted ruler of the Benevolent and
Protective Order of Elks has been ask
ed by Minnesota delegates to the grand
lodge session at Salt Lake City to ap-
point James w. Foley, of Saltwater,
as district deputy for Minnesota, and
prospects are that he will be appoint
ed. Mr.. Foley is one of the leading
members of Saltwater lodge and has
frequently been honored by members
of the order.
Ben Hershey and bow boat depart
ed yesterday with a tow of logs con-
signed to the Empire Lumber COM
pany, Winona
Rev. A. d. Stowe, of st. Paul, was
in the city yesterday and conducted
the funeral of Mrs. Charles Schultz,
which was held under the auspices of
the auxiliary of the Sons Of Hermann.