davidaulloa/AmericanStories huggingface dataset:
The Minneapolis journal. [volume] (Minneapolis, Minn.) 1888-1939, 1903-12-22
CAN'T COUNT
A DEAD MAN.
COURT WON'T RECOGNIZE SUCH
A DEFENDANT IN A sun.
An Application for a Change of Venue
by Three. Defendants Is Not Allowed
Because One of Them Is Dead
Judge Harrison's Ruling in an I'm
usual Case.

A dead man may not be counted a
defendant in a proceeding at law. is
the ruling made by Judge Harrison of
the district court In the case of George
S. Grimes against Spencer Erickson,
S. r. Child, c. III. kohler, Henry j.
HOsmer and Ida GAIL.
A petition was presented asking for
a change of venue to Kandiyohi coun-
ty, where, it was represented, a ma
jority of the defendants lived, and
where, under the statutes, the case
Should, therefore, properly be tried.
It was assumed that the applica-
ton for change of venue was made
by Spencer Erickson, S. r. Child and
Henry Hosmer Of Kandiyohi county,
constituting a majority of the defend
ants. But an affidavit presented by
the two defendants who did not want
the case transferred, showed conclu-
sively that Hosmer was dead at the
time that the demand for change
of venue was made. This left only two
names signed to the application, and,
the defendants being equally divided
as to the desired place for the hear
ing, the case remains in Hennepin
county, where it was commenced.
In a memorandum attached to the
order preventing the change Of venue,
Judge Harrison says:
II have no idea that change Of
venue can be effected so as to GUST
the court of jurisdiction in the mat
ter by the mere filing of a demand
in the name of parties not in exist
ence.
1T is undisputed that Henry j.
Hosmer, named as one of the defend
ants, was dead prior to the commence
ment of the action, SO that the demand
for a change was only made by the
defendants Spencer Erickson and S.
r. Child. There were two other de-
PENDANTS who did not join in this de-
mand; therefore, it did not come with
in the provisions of section /, chapter
"a, of the general laws Of the state of
Minnesota for the year 1903, which
provides that where, in any cause of
action, there are several defendants
residing in different counties, the ac-
ton shall be brought in the county
where majority of said defendants
shall unite in such demand.
1.-THE majority of the defendants did
not unite in the demand, therefore it
was void and of no force to effect a
change.
"The counsel for the defendants APP
pearing contended that the demand
bearing the name of Henry J. Hos
mer and two other defendants, was
fore, would GUST the court of any juris-
diction to pass upon the application
and demand.
This, we think, would be a very
unreasonable construction of the stat
! ute. When the court finds that nc
such demand has been made as the
law provides shall work a transfer OF
| the case, then it seems to me that
it the duty Of the court to inter
sfere and see that this cause is not sent
from the county where it was properly
commenced.'p 'as
The Minneapolis journal. [volume] (Minneapolis, Minn.) 1888-1939, 1903-12-22
POLICE CRITICIZED
Judge Holt Cannot Uphold Their Methoe
of Catching Women.

IT do not approve of the methods of the
police officers in clearing the streets of OBJ
iectionable women said Judge Holt IN
police court this morning. "Altho this
woman is undoubtedly guilty of the charge
I can not find her so, when the officers
made the first advance a.
This decision was rendered in the case
of Annie Peterson, who was arrested last
Friday, night
The woman admitted that she. did not
have a good name, but said the officers
accosted her on the street. The officers
admitted that her statements were true
and the case was dismissed
The officers who made the arrest are
patrolmen who have been detailed in
plain clothes by the order of Chief Con-
roy.
The Minneapolis journal. [volume] (Minneapolis, Minn.) 1888-1939, 1903-12-22

Then came a notary public with docu-
ment, signed by Mr.. and Mrs. Longnecker,
in which the latter agreed to bring the
action for a divorce upon the payment of
5000 and other considerations. This new
evidence caused Judge Elliott to give an
other hearing in the case and Mr.. Long
necker yesterday explained on the stand
that she had been forced by divers cir
cumstances to make the affidavit pre-
sented in evidence altho it was not just
according to the facts.
Inasnluch as she had sworn to one thing
on the stand and another thing in the affi-
davit and had been married, divorced and
remarked all during the course of a year
Judge Elliott decided that he would leave
the couple wed.
The Minneapolis journal. [volume] (Minneapolis, Minn.) 1888-1939, 1903-12-22
DIVORCES GROUND OUT
Five Granted This Morning-Motions
for New Trials Denied.

Divorces were granted by Judge Ell
lott this morning as follows: Myrtle
Carruthers VS.. James Carruthers, de-
sertion: Laura Holquist VS.. John A..
Holquist, cruel and inhuman treat
ment; Joseph H. Ellis VS.. Eta Ellis,
desertion; Lizzie Hagelin VS.. Robert
Hagelin, desertion; May Kalleene VS..
Hanson VS.. Anton M. Hanson, deser-
ton.
Applications for new trials were
denied in the cases of Lewis J. Green
valid VS.. the Nelson Construction COM
pany; M. B. Johnson VS.. Beach &
Cavallin and others; Emma J. Mann
VS.. Minnetonka Telephone company;
The Minneapolis journal. [volume] (Minneapolis, Minn.) 1888-1939, 1903-12-22
WONT PART THE BONDS
COURT DECIDES NOT 10 GRANT
DIVORCE IN THE CASE OF MYR-
TIE VS.. LEO LONGNECKER.

In case Of doubt deny the divorce. is the
substance of ruling made by Judge
Elliott in the divorce case of Myrtle Long
necker against Leo NJ Longnecker. The
judge unable to decide which Of two stor-
les told by Mrs. Longnecker is true. has
decided to leave undisturbed the matri-
monial bonds which bind the couple Sew
eral days ago a hearing was had in the
case and 1t then appeared that the plaintiff
had been deserted and greatly abused and
was entitled to the separation she asked.
The woman was under the impression that
the court would grant her the desired
divorce. and so purchased ticket for an
Iowa point and waited the filing of the de-
cree.
The Minneapolis journal. [volume] (Minneapolis, Minn.) 1888-1939, 1903-12-22
COUNTY TO HAVE A DAIRY
SHERIFF DREGER GOES OUT TO
EDNA TO TAKE OFFICIAL Pos
SESSION OF A LARGE MILK
FACTORY.

Before nightfall it is promised that the
county of Hennepin, state of Minnesota,
will be in possession of a nice young dairy
business, which it may not know what
to do with and may have some trouble
in getting rid Of.
In satisfaction Of claim of 5000, Sheriff
j. w. Dreger and Deputy Sheriff John
Wall went out to Edna township, beyond
Lake Harriet, this afternoon and levied
upon the dairy herd owned by Aleck P.
Graham. When the officers left the city
it was on the program that the herd, in
SO far as it was necessary to satisfy the
The Minneapolis journal. [volume] (Minneapolis, Minn.) 1888-1939, 1903-12-22
GEN. BECKER VERY ILL
We'll Known Minnesota Citizen Is Dowr

Well Known Minnesota Citizen Is Down
with Pneumonia.
General George I. Becker, a prominent
figure in Minnesota history for more than
a half-century is seriously ill with pneu-
monia, at his home, COL Summit avenue,
ST. Paul. He was alderman and mayor Of
ST. Paul in the early fifties, has served in
the state legislature, and was on the rail-
way and warehouse commission for num-
Der of years. In 1859 and 1894 he was the
nominee of the democratic party for gov
ernor.
Last evening General Becker was to
have attended the seni-centennial cele-
bration of Minnesota chapter, No. 1, Royal
Arch Masons, which was organized in his
office in ST. Paul in 1858. General Becker
and G. w. Biddle of Sparta, Wis, are the
only survivors of the charter members.
The Minneapolis journal. [volume] (Minneapolis, Minn.) 1888-1939, 1903-12-22
"A WEALTHY TRAMP

Showed Police $4,000 When They Showed
Him Tramp's Lodging.
Andrew johnson showed the officers at
central police station a roll Of bills
amounting to nearly $1,000 last night when
he entered the place and they mistook
him for tramp looking for lodging.
The jailor was directing Johnson to the
tramproom when the man saw that he
was mistaken for an unfortunate. He
imm ediately produced his money, saying
he had simply come to the station to place
it in safe keeping until morning.
The Minneapolis journal. [volume] (Minneapolis, Minn.) 1888-1939, 1903-12-22
GUESSED THE TEMPERATURE
Director Outram Named Mornings Coolest
Point in Advance.

Point in Advance.
The local prediction of Section Director
T. S. Outram Of the weather bureau that
the cold wave last night would bring a
minimum temperature of zero this morn
ing was exactly verified. This minimum
was touched at a. h. In st. Paul at the
same hour the weather was degrees
colder.
The mercury has been rising gradually
since morning and will continue to aspire.
morrow morning the record will lbe
somewhere near Is degrees above zero.
and tomorrow afternoon the wind will
be tempered to the matinee girl.
Even Medicine Hat, in far away ASSN
niboia was warmer than Minneapolis this
morning, so tropical has become the usual
source of the Manitoba wave. At the Hat
the mercury indicated 2S degrees above,
at Edmonton, in Alberta. 81 above, and at
Calgary Alberta, 80 above. Duluth. 4 be-
low, was the coolest station in the United
States or Canada
The Minneapolis journal. [volume] (Minneapolis, Minn.) 1888-1939, 1903-12-22
ANY OLD CLOTHES?
The Salvation Army Wants Them for the
Needy.

The Salvation Army has already found
a wide field for it's winter work, and is
daily called upon by numerous applicants
for assistance in fuel, food and clothing.
This is gladly given in cases of need so
far as the Salvationists are able. They
are, however, greatly in need of clothing
for distribution among the poor, especial
" children's clothing of all descriptions
and mems overcoats. During the extreme
ly cold days Of this week many poor,
shivering individual sought help, in some
instances as last resort, and yet had to
be turned away.
Those who have garments they can give
are asked to notify the army at the head
quarters, 72S-730 Boston block, and a
wagon will call. Northwestern telephone,
86S-L-1, and Twin City, 245O.
The Minneapolis journal. [volume] (Minneapolis, Minn.) 1888-1939, 1903-12-22

claim, should be corralled, a watchman
left in charge, and the stock fed and cared
for by the county until the claim had
either been paid or the stock disposed of.
A Waterman, whose business it is to
live with the attached stock twenty-four
hours day and see that it is MIXED,
was taken out to Edna to spend the
holidays.
The Minneapolis journal. [volume] (Minneapolis, Minn.) 1888-1939, 1903-12-22
For Convenience Of ShopDers

In the uptown district, The Journal
has a branch office in Donaldsons
Glass Block in the office in front of
the new elevator on the main floor.
Want ads, social items and subscrip-
tons will be received.
The Minneapolis journal. [volume] (Minneapolis, Minn.) 1888-1939, 1903-12-22
conners Goes to Prison.

George Corners, convicted of receiving
stolen property, was taken to Saltwater by
Sheriff Dreger this morning. He is SEN
fenced to serve five years.
The Minneapolis journal. [volume] (Minneapolis, Minn.) 1888-1939, 1903-12-22

A. B. Choate VS.. Timothy Dunlap.
Judge Harrison denied the motion for
a new trial in the case of Emily J..
Campbell VS.. Lewis F. Menage and
others
The Minneapolis journal. [volume] (Minneapolis, Minn.) 1888-1939, 1903-12-22
A Nice Xmas Gift.

Music Boxes, Mandolins, Guitars,
Banjos, Music Rolls, at lowest prices,
at Paul A. Schmitt's, sos Nicollet ave.
The Minneapolis journal. [volume] (Minneapolis, Minn.) 1888-1939, 1903-12-22
THREE DAYS VACATION
Grain Men Will Knock Off from Thursday
to Monday.

BY unanimous vote Of the members, the
Minneapolis Chamber Of Commerce this
morning decided to adjourn from Thursday
night until Monday morning, making a
three-day holiday of Christmas Day and
the Saturday and Sunday following. Other
prominent exchanges east and west will
follow suit. In Chicago the banks will all
be closed as we'll
The Minneapolis journal. [volume] (Minneapolis, Minn.) 1888-1939, 1903-12-22
REDUCING AUGsBURG's DEBT
More Than $4,000 Has Been Raised In Six
Months.

Over $4,000 has been raised by the
Norwegian Lutheran Free church since its
annual meeting last June for lifting the
debt on Augsburg seminary. The money
has been obtained largely thru the efforts
of Professor Sven Oftedal, who has
pledged himself to wipe out the debt be-
fore he leaves the institution. His resig-
nation is already in and it will take effect
at the end Of the present school year.
The Minneapolis journal. [volume] (Minneapolis, Minn.) 1888-1939, 1903-12-22

Rogers Pocket knives
!ardner Hardware Co.. 304 Hen. ay
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1903-12-31
FOUNDED IN HONOUR.

No doubt you have seen in the
papers such announcements as
this concerning some medicine or
other: " If, on trial, you write
that this medicine has done you
no good we will refund your
money."-Now, we have never
had reason to speak in that way
concerning the remedy named in
this article. In a trade extern
ding throughout the world, no.
body has ever complained that
our medicine has failed, or asked
for the return of his money. The
public never grumbles at hon
estly and skillfully made bread,
or at medicine which really
and actually does what it ,was
made to do. The foundations of
WAMPOLE'S PREPARATION
are laid in sincerity and honour,
the knowledge of which on the
part of the people explains its
popularity and success. There is
nothing to disguise or conceal.
1t was not dreamed out, or dis
covered by accident; it was stu
died out, on the solid principles
of applied medical science. l. is
palatable as honey and contains
all the nutritive and curative
properties of Pure Cod Liver
Oil, extracted by us from fresh
cod livers, combined with the
Compound Syrup of Hypophos-
phites and the Extracts of Malt
and Wild Cherry. This remedy
is praised by ali who have en-
ployed it in any of the diseases
it is recommended to relieve and
cure, and is effective from the
first dose. In Anemia, Scrofula,
Nervous and General Debility,
Influenza, La Grippe, and Throat
and Lung Troubles, it is a spe-
cifc. DR.. Thos. Hunt Stucky
says: "The continued use of it.
in my practice, conyinces me
that it is the most palatable,
least nauseating, and best prep
aration now on the market"
You can take it with the assur-
ance of getting well. One bottle
proves its intrinsic value. You
cannot be disappointed in it."
Sold by all chemists everywhere.
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1903-12-31
COUNTY ACT TEST CASE.
Continued from page %

as amended. If the chairman had put
the question: "Shall the conferee report
be adopted and the bill passed." there
would be no question that the bill was
passed, and it is submitted that the
adoption of the conference report, TAX
en- in the formal manner in which it
was taken by ayes and noes, is fully
equivalent to the passage of the bill as
amended.
There are not wanting cases. that
such requirement in the Organic Law
is directory and not mandatory and
that a failure to comply with it does
not invalidate the law. Such appears
to be still the law in Ohio and was the
law in California until its new Consti-
tuition made the requirement impera-
tive. State VS.. Corrington. 90 Ohio
1902; Washington VS.. Page, 4 Cal. 3SS;
Pierpont VS.. Crouch, 10 Cal. 315.
Is not the law of the great States of
Ohio and California good enough for
Hawaii, at any rate in its early efforts
at territorial legislation? Is it neces-
sary that the Court should seek from
all the States in the Union for de-
cisions on which to invalidate the
County Act? Is it not at liberty to
apply its own convictions of right and
justice in this matter?
Certainly with the authority of the
Supreme Court of the United States
above mentioned this Court would be
amply justified in refusing to declare
the County Act invalid for the reason
last above mentioned.
On all Of the grounds. therefore,
which have been presented and upon
each of them the defendants counsel
claim that the County Act is not made
invalid but stands as the law Of the
Territory.
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1903-12-31
THANKS FROM TIFF:
KAlULANI HOME

Through the Advertiser, the Kaiu-
lani Home wishes to thank the follow
ing: Mrs. Sanford B. Dole, a beautiful
fern basket; Mrs. G. B. Robertson,
Wailuku, maiden hair ferns. The
Sisters, Wailuku, Australian maiden
hair fern; Miss Jane Johnson, numer-
Gus plants; A Friend, sweet potatoes
and bananas; Mrs. Henry Waterhouse,
bananas; F. H. Hayselden, Kau, plan
tain bananas; Mrs. Ulrich Thompson,
Kamehameha, turkey; Mrs. S. N. Cas-
tie, box apples; Mr.. w. w. Hall, a
splendid lawn mower.
And for Christmas: Mrs. Fred Mac
farlane, box gingersnaps and / dozen
tins English assorted jams; Miss Fell
ker, one-half dozen California assorted
jams; Mrs S. ". Castle, bag oranges;
Mrs. Henry Waterhouse, box candy;
A Friend, 10-pound package candy;
Seamen's Institute, roast meats, bread,
pies and cake; Mrs Curtis Iaukea, Nc
Cures magazine; A Friend, Christian
Kamehameha School for
Girls, subscription to following maya
zines: Review of Reviews, Harpers
Weeks Progress.
S. D. HEAPY,
Manager.
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1903-12-31
LADIES HOSIERY

100 doz. Ladies Fast Black
Hose. Special on Sale $1.4o
doz.
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1903-12-31

ter from the Hawaiian Live Stock
Breeders Association offering to put
their library in the possession of the
Board, until such time as the breeders
had their own building. The offer was
accepted.
The request of Jared Smith for a $500
appropriation for the purchase of
chemical apparatus was deferred until
after the eighteen months bill goes into
effect
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1903-12-31
Nothing So Sure as Tax IS and Death

Taxes are delinquent after November
Is, but certificate of membership in the
Honolulu Mutual Burial Association
can still be had for $3.50. Phone Main
All. ]. H. TOWNSEND, Secretary.
Office with the Townsend Undertak-
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1903-12-31
New Years Cakes,
Pies and Pastry.
NOTICE.

ANY WOMAN OR GIRL NEEDING
kelp or advice, is invited to communi
cate, either in person or by letter, with
Ensign Nora M. Underhill, matron Of
the Salvation Army Woman's InduE
trial Home. Young street, between Ar.
tesian and McCully streets. ma'lks
side, Honolulu.
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1903-12-31

Secure a home on the Heights and
enjoy life. o
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1903-01-25
FOOTBALL CRITICISED.
President Wilson, Of Princeton, Talks
About the Game.
Harper's Weekly.


Speaking of trusts. President Wilson, of
the utmost freedom of combination in free
country" Speaking of football, DIR. Wilson
takes different view. Sauce for the goose is
not sauce for the gosling. He criticises mass
combination somewhat restricted. 81 think"
he writes to Western correspondent, that lust
at the present time the game is clearly in the
way to be discredited because the rules have
all the success of the game depend upon mere
weight and mass and strength" Fighters of
the trust will say 1t is just in business, bat
in football, at least the cure is neither inn
to say that these changes have made the game
not only less interesting to the spectators but
more dangerous to the players. and in propor-
ton as sheer strength has been made the basis
very brutal things. Indeed" he adds and il
is a serious comment. Il am afraid that in
some instances they were instructed to do brutal
things to put their opponents out of the
though a very demoraiizing phase. in the de-
velopment OF the game We will ali agree
with him. To encourage brutality in football IA
to encourage cheating. DR.. Wilson said the
came as indirect result of work done with some
other purpose. The character developed as a
by-product of football will be what IL
should be IL the rules make Ii expedient to in
success at football is all TO depend on mere
strength and and weight, II would be
cheaper to nave the game played by steam-a
method that would also avoid ali vexatious
amend the rules. II be DONE an expert
saws by rule suggested three years ago.
"There shall be seven men in the line when
the ball is put tn play That looks simple.
ers and coaches devised new schemes to frus-
trate IL. st-f -
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1903-01-25
1T STANDS MUCH PULLING.
Strength of Our Paper Money EST.
mated by an Expert.
Iuashinntnn Star

Washington Star.
exchange for large must make other men as tired
as IL Weares them" remarked an observing
PUSHES th csshier Of fasbionabe uptowa
cafe pull at and strip the ones and tSos In ex-
piece Of mOiasses candy over a hook and hated
1T does" acquiesced his friend. who hap
pened to be United States treasury expert
THE way some cashiers jerk. snap and pull az
bills as they pay them out is utterly absurd.
The old adage about pinching silver dollar
until the eagle screams pales before the way
the up-to-date. Zip cashier jerks the long green
In this connection will give you fact that
ijshed. and that is the weight a new treasu
single note, and four notes in a sheet viii q
tain without breaking. Director Meredith II
nished with the figures, and they may
accepted as official and accurate.
"a single treasury note measures 81 inche
wide by ia inches long. and viii suspend Az
pounds lengthwise and 81 pounds or. eross wise
measuring 81 inches wide by 1874 long. sheet
will suspend los pounds iengthwise and III
The remarkable strength Of a United states
treasury note may thus be seen at a glance.
million would have guessed the great tenacity OF
the paper which, when properly printed and
| served that single note will sustain crosswise
thirteen pounds over double the weight Il sus-
| The crosswise sheet short thirty-nine pounds
OF double the sustaining power Of the length
The cashier had interestediy listened 20 the
/ treasury experts explanation OF the weight
| sustaining and necessarily resisting power Of
| wear and tear OF our paper money and then he
said:
| see and we cashiers have 10 make up any short
4 age out OF own pockets and that - one
| reason why we snap and jerk the bills hard.
| Sc we will not pay out two for one. as might be
| done Again. 81 bill Is frequently mistaken
| for a IS. and vice versa. and by counting out
| cur money II Il were drops of our lie blood
we are less liable TO pass out one for the other
| The two gentlemen paid their account and
| agreed as they passed out that the cashiers ex-
| cuse was lame and that II was good thing for
| the rest OF the public who handle money that
tie breaking strength OF our treasury notes Is 80
| high or there would be nothing left Of them
1 hands.