davidaulloa/AmericanStories huggingface dataset:
The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1903-04-13
Quiet Work on Roersa-

BERLIN. April 12.-The boerse had
a quiet week of holiday character. but
values were well maintained. Indus
trials developed greater strength yes
terday. News from the iron and other
industries indicates a continued re-
covery in prices. and it is regarded as
favorable omen that the demand for
structural iron is increasing in a
marked manner. owing to extensive
building operations.
The money market showed a further
Improvement, and rates were lower.
The Reichsbank statement shows an
unusual recuperation, and the impress
sion prevails that the general market
Will undergo an Improvement after the
Easter holidays.
The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1903-04-13
sUPT. CABLE, OF ROCK
ISLAND is PROMOTED
Topeka Man Named as General Manager
of Roads Northern District

TOPEKA, Kan, April 12-H. s. Gable,
general superintendent of the Rock ISL
Cedar Rapids Iowa. where he will be-
come general manager of the northern
district Of the road. This is the place
eral Manager Williams, of that district.
Mr.. Gable is the son of Mr.. Cable. chair
man of the executive committee of that
system.
The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1903-04-13

ciaI train carrying 1Se business men of
Cincinnati to the annual meeting of the
National Association of Manufacturers at
New Orleans heft over the Baltimore -
Ohio Southwestern railway tonight From
Louisville the special will run over the
Illinois Central
The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1903-04-13
GIVE GUARD RIGHT OF. WAY.

South Dakota Firemen's Association
Changes Date Of Tournament.
Special to The Globe.
SIOUX FALLS, S. D., April 12-H n.
Adams and John H Pettibone, of this
city, president and secretary respectively
Of the State Firemens association, today
announced that the date for the annual
tournament Of the association at Cham
berlain had been changed to June to 5,
inclusive, so as not to conflict with the
annual encampment of the state national
guard.
The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1903-04-13

to employ day Iaborers at $3.50 per day
and teams at $3.50 per day ON Harriet
Island. same to be paid out OF the Cen
erals Fund and charged to the account
OF the st. Paul Public Baths item Of that
Adopted by the Assembly April 2. 1903
adopted by the Board Of Aldermen
Approved April g. 1903.
The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1903-04-13
WESTERN RAILROAD MEN
GRANTED AN INCREASE
Denver G Rio Grande Road Raises WAGES
or Engineers and Firemen.

DENVER. Col, April 12-Manager Ed
son, of the Denver & Rio Grande railway,
has granted an increase of 10 per cent
TO engineers and ffremen working on or
on compound engines. The men had de-
manded 10 and 20 per cent increase, but
VIII accept the compromise offered
Cincinnati Merchants Go South.
CINCINNATI, Ohio, April ia sne-
The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1903-04-13

Mr.. Vice Presidents.
Nays.
II. c. SCHUMACHER.
Vice President of the Assembly.
Passed by the Board of Aldermen.
April Z, 1903.
Yeas-Ald Bantz, Buschmann, Corning.
Dobner, Elder, Hinkens, Holt, Moriarty,
Rohland. Mr.. President-1O.
Nays--0.
FRANK J. HUBER.
President of the Board Of Aldermen.
Approved April g. 1908.
r. A. SMITH
Mayor.
Attest: MATT JENSEN.
City Clerk
April 13-1903.
The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1903-04-13

A'y F. No 6Ss5-
In the mattAr of tina Board o. Pr bic
The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1903-04-13
A'y f No. 6S9S-
Az + No 6SQ4-

V bSgJ-
Resolved, That the form of agreement
hereby submitted by the Corporafion Al
torney and the Board Of Water Commits
sioners Of the City of st. Paul by and
between the Northern Pacific Railway
Company and the City of St Paul with
reference to the right of way of the Board
OF Water Commissioners over and across
lots twentythree (23) and twenty-four
t2D, of Bass Garden Lots. be and the
same hereby is approved. and the proper
city officers are hereby authorized and
directed to execute the same
Adopted by the Assembly April .. 1903.
Adopted by the Board of Aldermen
April T. 1903
Approved April 8. 1903
The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1903-04-13

A'y F No 6S94-
In the matter of the report of the Board
of Public Works dated March %. 1903
1t is hereby ordered by the Common Coun-
Gil of the City of st. Paul:
That the Board of Public Works of the
City Of st. Paul cause the following i'm
provement to be made. to-wit:
Construct sewer on Oakdale avenue
from Bunker street to Page street in the
City of st. Paul Minnesota
That said Board cause said work to be
let by contract. as provided by law, with
out one-haR the estimated cost being first
paid into the City Treasury, and after said
work shall be placed under contract
said Board shall proceed without de-
lay to assess the amount, as nearly as
they can ascertain the same, which will
be required to pay the costs and
necessary expenses of such Improvement
upon the real estate to be benefited by
said Improvement, as provided by law; ii
being the opinion of the Council that real
estate to be assessed for such improve
ment can be found benefited to the ex-
tent OF the costs and expenses 3ecessary
to be incurred thereby.
Adopted by the Assembly April q 1903
April Z. 1903.
Approved april 9. 1903.
A'y r No 62c5
The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1903-04-13

In accordance with the recommendations
therefor of the Commissioner of Health
OF the City of st. Paul contained in a
Gil dated March %. 1903. and the said
Commissioned of Health Is hereby author
ized and directed. upon due notice to him
from the City Clerk of the passage of
vided by law. to issue to each of the
persons above named a certificate of the
Incense herein and hereby granted to each.
Adopted by the Assembly April 1900
ADOPTED by the Board Of Aldermen
Approved April 9. 1903
A'y F No. s8S7-
Resolved, That the Commissioner of
Health be and ne is hereby authorized
The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1903-04-13
A'y F No. esss-

Resolved. That the contract between
the Barber Asphalt Paving Company and
tne City OF st. Paul. for the repair Of as
phalt pavement during the year 1903. sub
mltted by the Corporation Attorney. be
ana the same Is hereby approved both
as to substance and form
Adopted by the Assembly April 2. 1908.
ADOPTED by the Board of Aldermen
April T. 1908.
Approved April 3. 1909
The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1903-04-13

A'y F No. 6SS9-
Resolved. That the contract between
the the James Forrestal Company and the
lily OF st. Paul for the repair of pave
menus, other than asphalt. during the year
lsO5' submitted by the Corporation Attor-
ney. De and the same is hereby approved.
potn as 10 substance and form
Adopted by the Assembly April . 1903
Adopted by the Board of Aldermen
April z. 1908
Approved April 9, 1903.
The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1903-04-13


A Mr. F No. No: r6s24-ordinance No. 286s-By
An Ordinance nernit+irg +bo
Brothers Building Companv to evca -, o1e "
areas upon East Fourth street Rrood
IVA, way and Rosabel street.
Pani o dn ION, Council of the City of st.
aui 90 ordafn as follows:
SECTION 1.
Rro emission Is hereby given to the Foley
DIotners Building Company TO exca 1,a ~
stteas on the south side of East Fourtb
SiSteI Ior distance of one hundred and
9911Gty- seven O67) feet in front of iot one
IN +b nio I'm one ID. Hopkins Addition and
W,a+ e east SIDE of Rosa bel street, and the
one sue OF Broadway for distance of
Of ,o Injured d and forty Q40) feet, in front
HonIinp iie ", twoe ca, and three ca.
fr0pa rs 1Aaddltion to st. Paul, and OUT
tanna aF line ine OF said property for a dis
Ssfd VI eIeven CID feet.
sbs1 iu eoiey Brothers Building company
streets pio.e S the pavements on said
Cd ana when said areas are excayat1
Su 10 leave pavement and streets
now sood condition as they
re LII aiaue under the supervision of the Civ
d1rs ,Iieer and In accordance with the or
uata;aces or said City in relation to excs-
ndd. tIlS IN streets, and the rules and req
uldd.tons or Board of Public VTorIxs In
relation thereto - " u ms III
SECTION 2.
This ordinance shall take effect and be
III iorce from and after it's publication.
1aSsed by the Assembly, April ,. 1903.
Aeas-Messrs. Arnold, Doran, Haas,
The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1903-04-13

AY NO 69OO-
Resolved. That the Commissioner Of
Public Works cause the following named
streets to be sprinkled during the season
OF 1903. subject to any orders which this
Council may give from time to time dis
continuing any street or part of street
The expense of the work to be paid from
the Shrinking EIIud
The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1903-04-13

A'y F No 68S5-
Resolved That the compensation 70 ha
paid for sprinkling teams for the seoso oe
Oh d a90 be and the same is hereby fiXed
at $50 per month iIAeu
Adopted by the Assembly. April 1eo9
Az ADOPTED oo by the Board of Aldermen.
Approved, April 9. 1908.
Shiner gazette. [volume] (Shiner, Tex.) 1893-current, 1903-11-04
Shoes.

We have the Hamilton Brown
Shoe Co.'S make which is sfulIy
guaranteed to give best wear.
Mems best every day oil grain
shoes, you have always been pay
ing from LOO to us; we now
sell you at LOO, 1925 and 1850
Mems fine shoes formerly sold
at 1.25, now Loo.
Mems fine shoes, good value
at 1.50, now 1925.
Mems fine shoes, good value
at 1.75 to 200, now $50.
Ladies' oil and grain glove
shoes always sold at 1925, l.5o,
now at Loo to 1.3o.
Ladies fine Shoes at 1875. 1.5o
and l.75 are the best that money
can buy.
We have a lot Of Oxford slip
pers on hand which we always
sold and been cheap At 1.25 to
1.50, we want to close them out
at 9oc to 12o, iii Ill sizes
Allour oxsorls aud strap slip
pers formerly sold al LTD 70 2
NOW ,.ga M 1 So; az ps,y Qsas,
we alwa ya larry a large st5cit
gof youths. boys. Misses md chil
dren's shoes which we SILL at
Shiner gazette. [volume] (Shiner, Tex.) 1893-current, 1903-11-04

DE Voc, the alleged weather
prophet. assured his dieiples that
there would be no danger from yes
low fever after October "a, bectuse
The severe cold spell due to begin
at that date, spread all nver Texas
ard last until the 18th would sure
ly kin all yellow fever germs. Bat
his cold weather failed to arrive
Farm and Ranch.
Shiner gazette. [volume] (Shiner, Tex.) 1893-current, 1903-11-04

Elections in number of north
ern states were held Yesterday. In
Maryland things were quite warm.
Senator German has taken hand.
and is sharply criticising Prcsider :
Roosevelt for his interference in the
campaign. The race question is
being used by the democrats. who
are roasting the republicans for Civ
ing the negro undue prominence.
Shiner gazette. [volume] (Shiner, Tex.) 1893-current, 1903-11-04

In greater New York there has
been a hot fight in the municipal
campaign. Tammany has nomi-
mated Geo. B. Mcclellan for mayor,
and claims his election by 100000
majority Mayor Low, the pres
incumbent, is the Opposition can
didate, and his friends are claims
ing his election, tie quite likely
that Tammsny will again be in
power.
Shiner gazette. [volume] (Shiner, Tex.) 1893-current, 1903-11-04
Groceries.

70 lbs good Rio coffee for 81.
~ lbs best Rio coffee for 81.
8 pounds best Peaberry coffee
for 81.
8 lbs Arbuckle, Lion, Porto
Rico and XXXX roasted coffee
for 81.
rs lbs slightly broken but
clean rice for 81.
Is pounds best head rice for
ST.
20 pounds new prunes for ST..
10 lbs new prunes, largest size
for 81.
is boxes best lye for 81.
16 balls beat ball potash for 81
IS pounds granulated sugar
for Loo.
Best high patent -four at $1.1o
per sack.
Best high patent -four at $3.50
per barrel.
Shiner gazette. [volume] (Shiner, Tex.) 1893-current, 1903-11-04

Buother instalment of $1,000
900 in hard cash was sent to the
philippines last week. The money
will probably be used to pay off the
army. This playing ct Imperial
istn costs us much blood and treas
are.
Shiner gazette. [volume] (Shiner, Tex.) 1893-current, 1903-11-04

Senator German and his follow
ers have been pushing the race
question to the limit in Maryland.
The Observation-Disclosures are said to
hold the balance Of power, and will
decide The election.
Shiner gazette. [volume] (Shiner, Tex.) 1893-current, 1903-11-04
Take Notice

All persons indebted to me are
requested TO call and settle UP al
once. meet money. All notes
and accounts Of IL months stand
ing viii be sued on ifnot paid by
the 10Th of this month 70 save
coat you had better call and make
settlement.
C. L. w LLIAMs.
Shiner gazette. [volume] (Shiner, Tex.) 1893-current, 1903-11-04

3o.oo.
All above machines are guar
anieed for ten years. Ii i'll need
Of a machine now is time to buy
one. Do not put it Oft, as they
will soon be sold at those cheap
prices.
Shiner gazette. [volume] (Shiner, Tex.) 1893-current, 1903-11-04
Dry Goods and Dress
Goods.

Plain and brccaded dress
goods in all colors and styles at
zoe, l5c, II | q aud lOcper I'd.
Henriettes in all shades.
50c values at 4Oc per yd,
40c values at 35c per I'd.
35c values at soc per yd.
3Oc values at 25c per yd.
In black all wool 1enriettes
we sell the 81 quality at 75c per
I'd. 75c quality at 65c per yd.
Csc quality al SOC per yd.
We carry a nice line Of skirt
ing, such as broadcloth, hannels,
Mohair, serges and brocades in
all shades at $l, 75c and SOC per
yard.
Our silks al 40c, Soc and roc
per yard are cheap.
We sell YOU SO inch wide
guaranteed black Tefela elk
always sold at SIPS to $3.50
now at $1s15 peryd.
A 36 inch wide Peau De Sole.
a heavy quality silk regular
price $3.50 to $1.75, nowat$1.35
per yard.
Calico, always sold at Sc, we
sell you at &c per yd.
Calicoes, good value at &c and
&c. now goes at Sc per yd.
Percales cheap at 70 and Sc,
now goes al 60 and 7c per I'd,
Perca ss- n aslv To- to.
IL l-2c We now sell you at l0c
Zephyr ginghams formerly
sold at 10cto lie nov at Sex Sc,
Clothing
Regular $l5 mems suits now
ats$l2
Regular $3.50 men suits now
at 80.
Regular $40 mons suits now
ats$7
Regular $3.50 mems suits now
at IS.
All wool black clay worsted
suits al VIZ, &l0, 40 and So are
the bestlthat money can buy,
Youths suits with long pants
from II to 20 years at vs., $6 so,
Shiner gazette. [volume] (Shiner, Tex.) 1893-current, 1903-11-04

Elijah Dowie's chariot was lifted
in New York one day last week,
but Dowie wasn't in it 1t was
taken up by the sheriff.
Shiner gazette. [volume] (Shiner, Tex.) 1893-current, 1903-11-04

The yellow fever situation is ton
ing down considerably. No new
cases have been reported in San
Antonio for nearly a week and
only ten sick people were found in
$40 families visited by the health
authorities. This would 90 to
show that San Antonio is very
healthy city.
Shiner gazette. [volume] (Shiner, Tex.) 1893-current, 1903-11-04
wednesday, Nov. 4. 1908
Yellow Jack has been renamed,
1t is now called Mosquito fever.

1t is pretty generally conceded
that the quality and price of cotton
will make up for the shoroage in
lhp crop.
Shiner gazette. [volume] (Shiner, Tex.) 1893-current, 1903-11-04

L O. Meitzsn and little son Mar
tin left yesterday for ST. Louis
where the lad will be treated at the
Pasteur Institute as protection
against possible case of rabies
The little fellow was bitten by the
Haverlah dog Friday which wac
undoubtedly afflicted with hydro
phobia, flalletsville Herald.
Shiner gazette. [volume] (Shiner, Tex.) 1893-current, 1903-11-04

aMr Alois MorkpfsIy, assistant
principal Of the Moulton school,
was II the city last Saturday con-
sulting with PROF speer ia the ar
rangement Of the progranl for the
coming teachers Institute to be held
in Sinner
Shiner gazette. [volume] (Shiner, Tex.) 1893-current, 1903-11-04

The democrats are claiming
everything for Mcclellan in Great
Ell New York, hut 1--WE can moot al
wave sometimes tell"
Shiner gazette. [volume] (Shiner, Tex.) 1893-current, 1903-11-04
PROGRAMME
Of sbiner-Monlton Local Teachers
Institute. to be Held at Sinner,
lexas, Nov 2lst 1903.
MORNING session.

an up with general discussion Of ,
the points set forth in the program,
published by Superintendent Guen .
Their, and which can be found in
full in another part of this paper
AFTERNOON SESSION, 1870 P. NJ.
1. Texas history--Class drill and
discussion on methods. joe But
schek; alternate, Q. A. Peterson.
General discussion,
2. Division of fracions-- Methods
of teaching, f. G. Schmidt; alter
nate, Alois Morkovsky. General
discussion.
8. Grammar (the indnitive)-
Methods Of teaching, Miss Alma
Granville; alternate, Theo, Reich
ert. General discussion.
4. Time will be allowed for the
management and ms ection OF
school work exhibit, Each teach
or is requested to bring some aver
age work done by the pupils Of his
school.
EVENING SESSION.
/. Open at Z 80 with song by
fifty school pupils.
2. Subject selected. G. Haber-
macher.
8. Vocal solo-Mrs. Leont Kotze-
bus.
4. Recitation = Willie wendt-
land.
5. School Discipline Nor
kovsky.
6. Vocal Solo--Mrs S ]. Youngs.
7. Recitation-Miss Mary Graf.
s. Subject selected-D. NJ. Specr.
8. instrumental Solo-Miss Alma
Granville.
10. Recitation - Miss Hilda
/ Wendtland.
/ IL. Character building of child
ren-Theo Reichert.
IL. Tableau. Pupils oilst grade.
10. Recitation-NIiss Lille VOL
Tiers
IA, The Ends Of Teaching--C.
r. e'TrrvTsF
~ vocal Soio-71llss cecil LAD
er'na'l y
! ~. How to make the schools
more efficient w. S. Lnnthorn.
~. hec'tallon n MISS Alnhis
LiecK.
~ Quarte''e'
SOLICITATION.
We urge that each teacher who
teaches within the bounds of either
Sinner or Moulton, be present and
take part in the Discussion, wheth-
er their names appear on the pro-
gram or not. The interchange Of
IDEAS on the various subjects OF ed
teachers in active work tend to
arouse teaching spirit that IS con
auclye 70 Vne welfare Q, ~, me scn9ols
mo n II ~ . nar;od oftha world,s XII
torv that demands co-onerotion
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1903-05-01


been borne out, but the general Opin-
ion now seems to prevail that the trOu-
bic was not volcanic, as at first sup
posed.
A puzzling feature which induced the
volcanic eruption theory was the fact
that some pieces of rock are still being
thrown from the strangely altered top
Of Turtle mountain. Closer investiga-
ton. which was made by parties to-
day. revealed the fact that this sup
posed eruptive matter comprised par
ticles of rock which continued to drop
from various places along the top Of
the mountain. These rocks are in many
cases huge masses. Weighing hundreds
or tons, and as they fail crashing down
with a noise like thunder they start
other particles of rock lying in the
path of the slide, which rush onward.
bearing destruction 10 everything IN
their pathway For that reason II was
extremely dangerous to approach the
vicinity of Turtle mountain IN order 10
make an investigation into the exact
causes of the catastrophe.
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1903-05-01
DANGER oF FLOOD.
Old Man River Threatens Destruction
at Frank.

Old Man River Threatens Destruction
at Frank.
Frank. \. w. T, April S0.-The danger
of flood again threatened Frank tonight
When the rock slide first occurred the
waters of the Old Man river We're
damned uD and il was feared. probably
with good cause. that unless the water
could be diverted into a new channel the
remaining buildings would be swept
away as soon as the waters broke over
this impromptu dam The hercuiean ef-
forts of a force Of volunteer miners ana
railroad labOrers resulted. it was thought,
in the creation of new channel which
would enable the dangerous waters to
be carried off in safety. However, the
new channel became stopped up and En-
gineer Pearce with a gang of men VIII
probably be working most OF the night
to clear away the new obstruction and
prevent the river from again dammlng
up.
Theories as to the cause of the rock
slide multiply Some think that the slide
was the result of hOneycOmbiHg of Iur-
tie mountain by mine tunnels. the drifts
of the Canadian~American Coal company
being directly into the base of the noun
tain
Another theory advanced by many min
ing men of this town is that the lime
stone cliff was undermined by some sub
terranean branch of Old Man river,
which has been silently working away
unseen for ages past.
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1903-05-01
SEVENTY WERE SLAIN
Reports of Anti-Semite Riots at
Kischenef, Russia, Have
Been Confirmed.

London. May Letters which have
been received in London from Kischenetf,
Bessarba, confirm previous accounts of
the Easter anti-Semite riots. Over 20O0
shops and stores in Kischeneff were
wrecked. Not a building in the Jewish
quarter was spared. There was much
destruction on the fashionable thorough
fares, and only military protection saved
the banks and commercial houses The
town today has the appearance Of having
withstoOd a siege. and there are 1900
troops there. The streets are patrOlled
by armed men, Seventy persons are
known TO have been killed or to have
succumbed to their injuries. OF this
number SiXIy-tWO We're Jews
Although the riots took the form of a
savage and nerciIess attack on the Jews.
there is little doubt that the outbreak
was engineered by secret Russian indus
trial societies desiring to iniure and dis
credit the government The rioting
ceased Immediately when the govern
ment authorized the governor and the
commandant to fire on the rioters. IN
III this authorization was given the sol
diers did not fire a single shot Ten thou
sand Jews have fled from Kischeneff.
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1903-05-01
cATTLEMEN KILLING
THIEVES IN ARIZONA

Tucson, Ariz., April 30.-Advices from
Fort Huachuca report that the body
OF a Mexican cattle rustler named Vas
quez was found hanging from the limb
of a tree eight miles from the fort on
Tuesday While there is no definite
knowledge as to who committed the
act, il is generally believed that it was
the result of concerted action by cat
tlemen of that section, who have been
losing a large number Of cattle at the
hands Of rustIers. Another Mexican
was shot and killed three miles from
the line in Huachuca the same day by
line riders. who caught him and two
others in the act of SHINING a year
ling. The man attempted to escape
and was shot.
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1903-05-01
VANDERBILT WEDDING BRINGS
REPROACH UPON ENGLISH CHURCH

London. April 39.-At the night ses-
sion of the London diocesan conference
yesterday the bishop Of London, Right
Rev Arthur f. Ingram. made a state
ment to the effect that he had thrice
sent for an explanation from Rev. Mr..
Hadden regarding the Vanderbilt
Rutherford wedding. and that none had
been received. The galleries and the
floor of the little church house, in the
shadow of Westminster abbey, were
crowded in anticipation of the bishop 5
announcement
Arising amid intense silence, the
prelate said he had hoped to present
to the conference an explanation from
the officiating clergyman in the matter
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1903-05-01
PRIVILEGED TO SAY
WHAT THEY PLEASE

Washington April 30.-The district
circuit court today decided in favor Of
the defendant in the suit of Charles A.
Dearnaud against General F. g. Aims
worth. chief of the records and pension
division of the war department for
$40, 900 damages for alleged libelous
statements in report on Dearnaud's
military record. The court held that a
report made by the head of govern
ment department under the provisions
of law, is privileged and, even if actu-
ated by malice, if made in the line of
duty, is not acticnable- Appeal was
taken To the court of appeals