northwestern fuel co. · 2017-12-13 · minneapolis .millers are disappointed over the action of...

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U FRIDAY EVENING, S I ? 3»§ THE MINNEAPOLIS J O U K N A L . ^ ^ ' fl MAY 1, 1903. CITY^NEWS. WEATHER NOW AND THEN. Maximum Temperature To-day 51 Degrees; a Year Ago 69 Degrees. $ Coal Advances 10 Cents—In the regular schedule of advance, hard c,oal wont up 10 cents a ton in price to-dafyj and will sell until June 1 for $S.36. ," tf ', w . y. V. U. and S. L. &oclal.-T.Tn > e Union Veterans and Sons' 1'eague \wirr.give a social at Alexander's hall to-morrow even- ing. A. p r o g r a m of. music and athletic events has been arranged. TM STRIKERS^™ - &m j- f Sheet Metal Workers Get 30 Out of 44 Employers to Sign Theirs Scale., : ,. Employers Say the Burden Will Fall , ^on-Bjdlders in Advanced v'~-' : r.v.'"-'-. Prices. « •-'-V'-i, S -J i Found Dead In Bed.—Joseph Traley, a laborer, boarding in a cottage Via <th<? rear 1 of 213Ms Fourth strCet. S> w.as found dead ie bed this morning. He had been suf- fering from consumption:' but his death was unexpected. ; .,< •" ;-' Minlkahda Club Lauhcn-^The Minikah- , da club launch will begin running to- morrow on its schedule of last year. It •will s t a r t from. Monk's landing, foot of Lake street, until the -Thirty-fourth street landing is repaired. : --%/\?j?':>w*i- Trinity's Communion Service.—Trinity Baptist church has been preseht-ed a handsome communion Set—an individual cup service. The name of the .donor fs not made known. The church holds Us first communion service next Sunday morning. •••••••••', •••'.,„.. ';.;, Horse Stolen.—Fred Jadintz. .living at. 152fi S e c o n d street N. reported to police headquarters this' morning that a valuable horse had been stolen from his barn. The horse was hitched to.a red speeding sulky. He thinks that he knows the man who stole the animal. Class Fight Over Caps—A freshmen- sophomore fight took place at the "U" this morning over the class-cap question. A hand-to-hand battle was fought in front of the library building after the freshmen had appeared in their class caps. Every "06" cap was captured. The fight was continued for over an hour. A wrestling match by class champions was-held to decide the issue. _ '.*•. Northwestern Star Oil Plans—No def- inite arrangement was made yesterday regarding Northwestern Star Oil company affairs and the Tepresentatives of W. H. Davis' estate and former employes are holding another meeting to-day. Z. C. Colborn will not be included in a reor- ganization, if there is any accomplished, having already become identified with the ,Kunz Oil.company. . Swearing Not Abusive.—H. P. Wright, an aged man. was arraigned in municipal court this morning charged with using '. abusive language, toward t<awrence Lund. The old man acknowledged that he had •used the words alleged in the: complaint but Judge Holt refused to accept a plea, of guilty, saying that swearing could not.be. said to be abusive, lie warned the old, :; : man and dismissed the case; Gave Fictitious Name.—Another'case! in •which a prisoner came into municipal court under an assumed name was that of John McFadden, commonly known as "Scotty." who answered to a charge of vagrancy to-day under the name of John Stevenson. McFadden has been arrested i se\eral times on the charge of vagrancy. When arraigned Clerk Neilson compelled him to give his true name. His case was continued until to-morrow. George Loudon Retires—After twenty- six >ears of close application to business, Gcoige Loudon has disposed of his in- terest in the Goodfellow Dry Goods com- pany, and will enjoy a vacation before considering another connection. Mr. Lou- don has the unique distinction of having had but two employers before becoming ft member of the Goodfellow company a year ago as secretary and treasurer. Prior to that he was for twenty-one years with Mr. Goodfellow. VELDEY MADE PRES'T LAMPREYfflS CASE Minnesota University Ulan Chosen as $. Head of the Northern Ora- % .," v torical Association. ,, w Annual Contest of the Association , to Be Held in "IT Chapel , > , This Evening. The sheet metal workers' strikers have victory in sight on the first.day of the strike. More than thirty of the forty-four employers have already signed the wage scale and the working rules presented by Union No. 40, Amalgamated Sheet Metal Workers' International association. The men will secure an eight-hour day and a minimum wage of 40 cents an houfJ The employers had offered a - minimum "of 30 cents and had sought to change most of the rules proposed by the union. "The employers haven't held together," said one of them this m o r n i n g . "" " E a c h was so afraid that his, rivals would secure an advantage that he almost tumbled over himself in his hurry to sign the union agreement. Many of the signatures were secured last night, altho the strike wasn't scheduled to begin until this morning. The way we looked at -it was this—it wasn't our fight. Those; who••/want to build houses hire us to, get the work,done, and we hire the metal workers/ If we have to pay the workers ^ more' money, we'll simply make it up in our charges. The additional cost of metal work will range from 5 to 25 per cent." A similar strike is on in St. Paul. For the second time in its history the university,-wil-to-night, be-the scene of an int^tate ^otatoriofti-..' contest. The northern*- oratorical association, compris- ing the. universities ;ijlEUMichigan, Chicago, Wisodnsiri "' 'aha Iowa''arid Northwestern and.»ObeV]iri-.uhiyersftie's wiL ^ho.ld its an- nual contest in the university f'chapel and President-Gyrus Norilirop ,' will preside. The" prograh'df'stpeeches follows: George .P.;c Jones,- Minnesota, "The Coal Situation"! Frank Milner, Northwestern, "Ruskin"; L. D. Woodruff, Oberlin, "John Quincy Adams"; Eugene Marshall, Mich- The Long Legal Tight With Russell Sage for 50,000 Acres of -* *• « v' h% Land 1 .* w *,.j 4 '; Supreme Court Hands Down Decis- ion in St. Paul & Chicago Land Grant Case. Grand Array af Bar- gains Saturday. PRICES CUT WAY DOWN. "If It Rains," 8—$25 Coats—$15. Others, $18, $30. Hoffmap's. Toggery Shop. ' ' •' ' irSNOILOWENOUGH Minneapolis Millers Think Roads Should Have Reduced Flour . : Rate More. More Active Milling Will Follow : May 11 When the New Rate Is Effective. NUMBER 226 i 1 I I 1 4 —, Total Residences can- vassed from August* 26 t o date 4495 Journals taken 3768 Eve. Tribunes . ..... . 844 Morn. Tribunes . ... . 632 No. Flat Bldgs..: .... 67 Journals taken 1112 Eve. Tribunes 150 Morn. Tribunes ...... 163 Any advertiser can prove these figures To-day's Canvass 16th St. W. 33rd St. 59 Residences 39 Journals. 12 Eye. Trlbs. 11 M. Trlbs. 8 residences. 6 Journals. 2 E. Trib. 1 M. Trlbs. 15th St. 32rd St. NECR0L0GICAL Minneapolis .millers are disappointed over the action of the railroad men in Chicago yesterday reducing flour rates by .two cents, from Chicago to the sea- board. The millers admit that they have gained a \Jctory, having forced a reduc- tion that will partly offset the low water rates made on wheat. But the conces- sions granted are not enough. The mill- ers are disappointed because they had been led to believe that the roads would do more for them. As now fixed the rates on flour from Chicago to the seaboard are 18c for do- mestic and 15V£c on export, all rail, and 16c and 13%c respectively rail and water. To this must be added 7%c, the rate from Minneapolis to Chicago. These do not become effective until May 11, and there is no relief till then. The millers hope to accomplish more later on. No Shut Down Unless Imperative. It is not to.be inferred that the indus- try is in danger,.-of stagnation. The mil- lers will not close a plant if they can help it. No miller will commit' himself as t ojust what his company will do, but it is ikely that the mills will continue grind- ing at about the. present capacity until May 11. If the mills get then to that date and conditions improve, it is not im- probable that more mills will start up, and he oupu will be back again to the old time figures. The .millers aie taking wheat freely from terminal houses and most of the May deliveries went to mil- lers, which is evidence that there is no immediate danger of a general shut down. Shipments Still Light The railroads are still feeling the effect of the light flour output; Yesterday ship- ments were 39,789 barrels and the day be- fore 40;f44 barrels, which is the best two- day showing since, before the mills closed. This is about half what the roads would get were all the mills running.; Minneapolis elevators have been loading out freely for the past forty-eight hours for the May 1'delivery and this morning there were about 1,500 cars of wheat on track for transfer from elevators to the mills. To noon the Chamber of Com- merce clearing house reported deliveries of about 1,500.000 bushels of wheat to purchasers of May. and it is thought that with the wheat loaded out to-day the May. 1 deliveries may run to $2,500,000 bushels in all. Some of the buyers who had May wheat coming had expected to take it oh May 1. but changed their minds in view of the uncertainty regarding the milling situation and the posibility that unless the railroads acted favorably in, the matter of rates, the Minneapolis mills mighte reduce the flour output in May and so consume less wheat. Holders of May who took this view sold their May. and bought July. This was why July wheat advanced.yesterday and May declined and the two options which had stood at about the same figures sold at a cent difference. The new Fryberger tax law had much to do with the deliveries as elevators put out considerable wheat to avoid the tax .of ' M a y 1 thereby saving about %c a bushel.-.- T. A. VELDEY, MINNEAPOLIS. President of the Northern Oratorical League. - —Photo by Lee Bros. igan. "Hamilton and the Constitution";, Ralph Merriam, Chicago, "The Race Problem"; C. C. Pease, Wisconsin, "The Mission of Marshall" f Joseph .Shannon, Iowa.,"Our Sod." The association held the annual elec- tion of officers this afternoon at Hotel Nicollet and elected T." A. Veldey presi- dent. This is the first time in the his- tory of the league that a Minnesota man has been elected president. Mr. Valdey has been prominent in debating and ora- torical circles at the university during his entire course. ;:He was recently elected president of the Minnesota ddbatihg board and is the_yiee president of" the Minne- sota Daily board. He is also a member of the Shakopeah Literary society and of the Alpha Tail Omega fraternity. Other officers elected were J. A. Barnes of Northwestern* : secretary, and. W. D. Cole of Michigan, treasurer. The con- test next year will be held at Ann Arbor. SAW HER SON AGAIN A Pathetic Real life Story Involv- - ring a little Boy of Min- * s A l *- •> neapohs. He Sees His Dying Mother, a Bean tiful Woman of the < Chippewas. Url L. Lamprey of St. "Paul wins his long drawn out fight with Hussell Sage for 50,000 acres of the. old St, Paul & Chi- cago land .grant. The.supreme court to- day! handed down its second and final de- cision in his fayor,, by which the land must be turned over to him. on payment of $62,220. . ' The lands involved He in twenty-six different townships in Stearns, Kandiyohi* Renville, Douglas, Grant,. Stevens and Otter Tail counties. TJie case dates from 1887, when Mr. Lamprey contracted for 100,000 acres of the land grant. He took within the time specified all but the tracts involved in this case, and they were al- lowed to rim unty -1S99. when a second agreement was made. , The railroad com- pany, however, asserted^ that the deal was not binding and conveyed the lands. to Russell Sage. Lamprey tendered the pur- chase money, but it was refused, arid he appealed from an order of the district court charging him with back interest. The supreme couftt sustained his point and -sent the case back. On the second trial Judge Bunn in the Ramsey county court decided in his favor, and this de- cision was sustained to-day. The syllabus says: Url L. Lamprey, respondent, Vs. St. Paul & Chi- cago Uallway oomituny et al., appellants. Aetion to enforce specific performance of an agreement to conrey real estate, the terms of which are set forth in the opinion. Held: First—That the agreement Is supported by a valid consideration and is in legal effect a con- tract for the future conveyance of land witbin the moaning of laws of 1807, chapter 223, provid- ing for the manner of terminating the rights of vendees in such contracts. Second—If a contract for the sale of land' is supported by a valid consideration and there is no other good reason why it should not be spscflc- ;ill.v enforced except the want of mutuality of deincdy, it. -\\ill be so enforced. Third—The tenders by the plaintiff of the bal- ance of the purchase price of .the land were suf- ficient and stopped the .running of interest and the trial court did not err. in, its finding of the amount due oil the contract. Judgment affirmed. ~ —Start, O. J. Express Company Pays for Fish. An express company which accepts a consignment of "game or. fish is liable for its value, even if the consignment be seized by state authorities as contraband. This point is settled- in the case of Gra- ham Bros, of Brainerd against the North- ern Pacific Express company. The fish was shipped in barrels to G. A. .Castle at Minneapolis, and was seized here by a game warden. The lower court gave Gra- ham Bros, a verdict for $261.50 against the express company, and this is affirmed. The court declines to consider the ques- tion of whether the burden of proof was on the plaintiffs to show that,they had come legally in possession of the fish. The decision means that, the express company takes the chances and is liable for the safe delivery of goods it accepts for ship- ment. The syllabus: Orton A. Graham and Byron M: Graham, part- ners, doing business* as Graham Brothers, re- spondents, vs. the Northern Pacific Express company, appellant. First—Whether the burden of proof is upon the person having possession during the open season and claiming title jo wild game alleged to have been caught and taken in violation of law, or upon the state, to show whether the law was violated, quaere. : . Second-—Evidence ' 'exa'mined r and held cient to sustain the verdict.. Order affirmed. '•""/*• • * ifiefcovers a Verdict. A verdict for $lvBt)0' against' "the Great Northern, iiv-a? case fming up from Polk cdunt>\.!s susta-inc^Jnf-Ehe-syllabus: . George' BeriWf, respondent, vs. Gickt Northern Hallway company, appellant. ••••: • • • Held, in a personal injury action, that there was sufficient testimony to justify the jury in fludihg that the defendant was negligent in fail-' ing to keep certain part* of a steam shovel about "hich plaintiff was at work in good repair,, and that this negligence was the proximate cause Of iniuries Inflicted upon him,/and, also, that the ipiestioh of an assumption of risk by plaintiff one for the jury to determine.. - - _ Order affirmed. —Collins, J. Ladles' fine kid lace, $2 60 exten- sion sole shoes— Saturday, SI.60 Ladles' new $3.00 flexible hand-turn •ole, laee shoes- Saturday, $1.98 121 and 123 Washington Ave. South. Large lot of the Factory and Sample Shoes at Special Bargain Price*. Children's Sample Shoes, size 5 to 8; worth 75c, 49c Misses' Sample Shoes, size to 2, worth $1.75, Ladles' $2 kid lace, new patent tip— S£- : :,..*1.1t ."' Ladies' genuine $4 hand turned laee shoe, Paris kid, Paris g £ A QQ style—Saturday 9mmW Ladles' kid bow strap slippers 48o Ladles' tt.50 new patent'tip, Q O ^ oxford t i e ............... «fH Ladies' patent leather how strap slippers Ladles' kid house slippers- Saturday 69» 39c 98c Chllds' Sample Shoes, size to it, wortn $1.50, 75c MEN'S SHOES Thejbest { i\ wearing 0 shoes in toe •city. Try 'a pair and wo can ..y prove it. Mea's Calf-' Boys' Shoes, Calf Lace 'worth to $1.50. AH sizes, 98c Infants' Patent leath- er Shoes, size 3 to 6, worth 75c, v 39e Misses' fine $ J.75 dress Shoes, size 11 to 2, $1.25 Chllds' Sample Shoes, size to 11, worth $1.75. 98c Boys' Kangaroo Calf Shoes, all sizes, worth to $1.75, $1-25 - Chllds'$1 patent leath- er shoes, sizes 5 to 8, 59c Boys' fine $2 Calf and Box Calf Dress Shoes, all sizes, $1.50 Men's splen did wearing and stylish box calf and vici kid shoes; Goodyear sewed— actually 0O CA worth $3, at QaVaWU Men's latest Boston toe in fine vici kid welt sewed lace. They are the equal of other OO A A $3.50 shoes ;;:90iUU Special—100 pairs of Men's 61.75 calf tip lace. Satur- C^4 4Q day at ^ ) • • l«9 Special—Men's Baxtor $2.00 <fe 4 KA shoe Saturday at M> • " 5 Great Suit Specials SPECIAL NO. 1—All wool Men's Suits, new goods, neat dark feE A A colors, sizes up to 44, suits worth 88.00. Special Saturday at * P «V • W SPECIAL NO. 2—Ten styles of new Spring Suits, all good, de- C ^ O "f C sirable patterns, all sizes up to 44, worth up to $10. Special at V V i O SPECIAL NO. 3—A splendid variety of Cassimere and Cheviot Suits, worth up to 612.50, all sizes up to 44. Saturday special feO *7C at V O B M O SPECIAL NO. 4—The greatest value ever shown, suits worth 615.00, all hand tailored, are perfect fitting, 5Q styles. Special , d ^ | A A A SPECIAL NO. R—Our greatest special, hand made suits that fit equal to the best custom tailored garments; a splendid assortment of ^ | A CA attractive new patterns, suits worth to 618. Special at ^ 1 «*••«•» w snffl- -Brown, 'J. BOYS' SUITS—3-piece Knee Pants Suits for boys of 8 to ^ A O C 16yrs., 64 quality, for MVa-iOv BOYS' SUITS—Children's Sailor Blouse Suits, silk Soutache trim- med, plain and fancy ^ A A A colors .... ^Jrfa-BW MEN'S HOSE—Silk finished Lisle Hose, all the new colors for spring and summer, 35c hose , 4 Af* for. SPRING SHIRTS-Madras soft bosom Shirts, in plain and fancy, with detached cuffs, 61.00 ^SJC-ra quality, for OHO WORK SHIRTS—75c quality Madras and Cheviot Shirts, with soft col- lar attached, tie to B A A match OlfC CANVAS GLOVES-100 dozen best 10c quality of canvas Working -Gloves, limit, 5 pairs to each C _ ^ customer.' Saturday ... Uw to enable him to make a loan thereon for his own use and benefit. Clay, in the name of and for the corporation, conreyed without considera- tion the same to P.. and P. reconvened it to Clay. Whereupon the-letter borrowed $10,000 of defendant trust company, mortgaging the land to secure its payment. In an action by plaintiff to set aside the conveyance to P. and-the mort- gage to the trust .company, on-the ground of fraud, the trial court found as a fact that the trust company acted in good faith and without intent to defraud plaintiff-and had no "knowledge or notice whatever" that plaintiff had any inter- est in or title to the land so conveyed and mort- gaged. This finding is held to include both act- rial and constructive notice, or notice of facts or circumstances sufficient to put a. person upon inquiry, and is not so clearly against the evidence as to justify this court in setting it aside. Order affirmed. '• —Brown, J. Soldiers' Cases to Come Up. The United States circuit count of ap- peals sitting : i n S t . P a u l i-fcrill r e v i e w the cases of Edward M. Brode. James F. Cof- fee,- John E. ,Morris and. Andrew C. Henshaw, four regular soliders who were convicted by court-martial of the murder of a Filipino youth. The matter comes up on habeas corpus proceedings and will be heard on May 4. The men are serving life sentences at the Fort Leavenworth military prison. JUDGE GEORGE F. APPLEBY of Washington, D. C. brother-in-law of W. E. Steele of this city, died last night at the Hotel Richmond. Washington, after a prolonged illness. Judge Appleby was an ^authority .in law. He had served on the- 'supreme bench of the District of.Columbia and he had lectured at Columbia univers- ity. He visited Minneapolis last winer. The funeral will be held from the old Sfeele home in Lafayette square, Wash- ington. ~ : ANGIE SHEPHERD, aged 60, died April 30. Funeral Saturday, 2 p. m., from 3143 Stevens avenue; interment at Lakewood. FOE MRS. W.'E. SCOTT Made of linen, especially se- lected and woven, there is no other underwear so snow- white, clean and porous. And none half so comfortable and satisfactory.' ? '" Booklet telling all about them ^ _ end the garments may be hud AT ALL LEADING DEALERS. Additions^JMade to Fund for Relief V of Explosion Sufferers. Additipriaf contributions have been re- ceived for Mrs. - W. E* Scott and lief three little-children, t h e f a m i l y <of W a l t e r . W- Scott, one of the victims of the Star Oil company catastrophe.. The total received by The J o u r n a 1" n o w / a m o u n t s to $30.50. The contributions* heretofore un- announced are: " : *\;.jCJife. Cash •;':?#;;•&?,:•'. W. H. Barber ':'vy*•$£•.- ». P. Wells .... ;..>.>' Walter N. Carroll .... '.H H. T). McCord .-.. :. Cash '• "• Nicollet Council No. 11, Modern Samar- itans, have taken up the work.of raising a fund for Mrs. Scott. A general dall Sp6n members of the order to; contribute has been issued. For' the Samaritans' fund l^noney will be accepted by: D. B. McLennan; good Samaritan, $41 Guaranty building. •• B. E. McOlain, vice good Samaritan, 1204 Guar- anty building. Ludvlg Arctander, financial scribe, 730 Temple Court. / , Henry Voegeli. treasurer, Voegeli's drug store. I KEEP THEM FROM VICE Taken foicibly.. while an infant 411 aims from his mother, Ogemaqua, "the queen of beauty" on the Indian reservation near Ashland, Wis., fourteen years-agO, hand- some, young Edgar Richter, adopted son of Rev; Louis Richter-, 141 Eleventh street N, last week stood by the bedside of the dying woman to whom he owed his being. The boy had not seen his mother since their separation and no remembrance of the Indian woman who gave him birth had been stamped upon his baby brain. The mother had been adjudged by the relatives of the boy's father unfit for his custodian, and when she separated from her white husband Edgar was brought to Minneapolis to live with his grandparents. Feeling herself in the shadow of death last week.' Ogemaqua. whose love for her boy had never weakened, asked that she be allowed to see him again. When the boy confronted his dying mother Friday last, she named him sole heir to a tract of pine on the reservation valued at from $10,000 to $15,000. Ogemaqua was the most beautiful girl upon the reservation, and her good looks won for her the title of the Odanah queen. When a mere child she was sent to a con- vent in Wilwaukee. where she received a good education. Being possessed of a rare voice, she distinguished herself in the study of music. Returning to the reservation, she met and loved Edgar Louis Richter, a young telegraph opera- tor, in charge of the station at Odanah. Their marriage followed and a boy was born. The "queen" became a victim of drink and this led to a separation. Richter was awarded the custody of the child, but when he was about to .board a train for Minneapolis a score of Indians undertook to get possession of the child. The Indians attacked him while his brother, Daniel, was buying tickets. Daniel rushed to the rescue", and while he covered the,Indians with a brace of re- volvers, the father' c with'his habe boarded tlie passenger train. The husband, who was remarried, now liygs in North Da- kota. The victim of an incurable 4' s - ease. but" little hope is entertained of Ogemaqua's recoveo. , ,. Lien Cannot Be Enforced. The lower court is reversed in an in- teresting case coming up from Becker county, where J. C. Rowley sued to en- force a labor lien of $40 oh logs owriedby the' Commonwealth Lumber company. These logs were cut by the Contractor, Conklin, on the White Earth reservation, and were therefore when cut the property of the federal government. The su- preme court holds that tho the logs had subseqeuntly passed into the hands of the Commonwealth Lumber company, they were government property when the labor was performed, therefore the lien cannot be enforced. The syllabus says: -^ J. C. Rowley, respondent,..vs. John Conklin et ai.. defendants; the Couiraoiiwealtb. Lumber com- pany, appellant. In an action to foreclose a laborers lien, claimed under* the provisions of chapter 342, (i. I,. ISM), for labor performed in cutting and bankfng certain pine logs on the White Earth Indian reservation under contract with.a repre- sentative of the general government, it is held that at the time the labor of cutting and bank- ing such logs was performed the same belonged to the government of the United States and no lien could attach thereto: defendants acquired title to the logs subsequent to the performance of such labor, and received the same free and clear of plaintiffs asserted lien. . Order reversed. —Brown, J. Other follows: HANDLING OF OILS A New Ordinance Regulating It May Result From the Re- cent Explosion. BUY $8.35 Per Ton. Immediate Delivery. Northwestern fuel Co. T. C.-1034. N. W.—382, 383, 384. 304 NICOLLET AVENUE. W. H. Rendell, City Agent. Fire Marshal Ringer Is Drafting Ouaw—-Committee of Investi- gation Favors It. .$0.50 ^5.00 .>~;5.0!i i';B.oo .'3.00 . V.0t» «**s: k : FIFTH IDENTIFICATION 491 Broadway, New York. ^Mifci'i;? tCti. L American Volunteers Trying to Se £ " * -cure a Shelter for Girls. %\\* % :*. I t i s u n d e r s t o o d that tnje local branch of the Volunteers of America; have .had a favorable offer made by the holders of the foraiier.Dunsmbor house at Third ave- nue S and Tenth street,, at a sum less, than $20,000: Th«, place, it secured, w i n ..be used as a helping hand Iri^tution where would be taken by emissaries of the Volunteers inexperienced - ; yourig. women and girls who come to the .clty^aione and are apt to fall in the hands of evil dis- posed persons, who-are reported fre- quently as steering the sometimes ignor- ant girls to resorts from which escape is v difficult. It will be. useid in no sense as a sheltering home, but simply as a tem- porary place for girls who come to the railroad stations with no, one to meet *!& Prospect Park Victim Said to Have Been a Leavenworth, Kan- - sas Man. ma- After six months' continuous effort, on the part of the police the man who was murdered in Prospect Park last October and for whose murder Levi Nystedt and Andrew Haakenson are serving eighteeri- year sentences in the Stillwater "prison, has been - identified' for.j the fifth-time. Herman Springer of Fort Leavenworth, Kan., who called at police headquarters this morning., says that he'Us' James Dougherty, who lived in "Fort Leaven- worth> ' . . . - > ' >;••;*. According to Spr.inger T s\story; Dougher- ty had a bad rep'utatioii,ahd served a five- year sentence in the* Texas penitentiary for robbing a: jewelry store at Paris, Texas. ..:After ^bein^r" released from the prison * he v-drifted about the country, and his/friends and relatives at Fort Leaven- w^rthlo§it all trace of him. This, he says, expiairis''Tyhy the man was not identified sooner and why no inquiries have been made concerning him. Springer is ;so positive in his,identifi- cation of the dead man's picture that the police placie considerable faith in his story. A copy of the photograph has been sent to the chief-of-police of Lcaven- Vorth.- - . •«•• - '• ' v " - ^ / " %' decisions filed to-day were as Otter Tall County. Francis S. Walbon. appellant, vs. Emily Webster, respondent, and Charles E. Cooper, made a party by order of the court, intervenor. A. mortgaged a tract of laud to^B. .to secure the payment of $500. B. sold and assigned tbe mortgage and debt, thereby secured TO C. Sub- sequent to the assignment. A., to obtain an ex- tension of the time of payment of the debt thus secured, executed anothed mortgage to B.. on the same land to secure the same debt. The tirst mortgage was not satisfied. A. then sold the land to plaintiff, who assumed and agreed to pay the- first mortgage. She 'thereafter, brought this action to cancel and set aside the second mortgage on the ground that it was •withy- out consideration and void. It Is held that the. evidence is conclusive that the second mortgage was without consideration, the debt which it secured not being owned by the mortgagee-at. this time of Its execution, by reason of which. the mortgagee had no authority to grant ah extent slon of the time of paynient of teli debt thereby, secured: that as plaintiff <1M uot take title to tWe, land subject to the second mortgage or assume or. agree to pay it. she is rot estopped froni. asserting its invalidity "and may effect its- con* cellation in this action.- Judgriient reversed. : —Bro$;n,' J. ' >';'''W r -- ';•';-! Clay: County,;. ;-$i" / ^v;i; ! .:.- Minheapolis Threshing Machine company, appel- lant, vs. Commodore P. Jones, et al., defend- ants, the Jones Land Association and the Flour (itv National Bank, respondents. First—An equitable action brought to set aside a conveyance of real estate, alleged to have been made for the purpose of hindering, delay- ing and defrauding the plaintiff, an alleged debtor, cannot be maintained when it aflrmative- lv appears from the complaint that the judgr tiic-nl on whicb it-is ipredicated has been, fully paid by a sale of personal -property under a writ of execution, and a proper returtt of sucli writ duly satisfied has been made. P. Second—Application of the well settled rule of pleading stated in"< Diixbury vs. Boise, 70 Minn.. 115. and other cases. •-'•-.• Order affirmed. —Collins. J. - The Flour City -National Bank, respondent,' vs. • John M. Bayer, appellant. Action for tbe conversion of a quantity of wheat. Held, that the finding and decision of the trial court to the effect that the plaintiff was the owner of the wheat, and that it was converted by the defendant, is sustained by the evidence. Order affirmed. . —Start, C. J. Washington County. Glassberg and Henry Glassberg. partners As a result of the investigation of the Northwestern Star Oil explosion an ordi- nate regulating the handling of kerosene, gasolene and other highly inflamable oils within the city limits, will probably be recommended' to the council by a com- mittee appointed'to investigate. The or- dinance is being framed by Fire Marshal Charles Ringer. The ordinance would compel all oil com- panies to remove their tanks to a safe distance from buildings and would not permit a flame in the tank building. Stoves will not be allowed and the engines used for pumping the oils will have to be supplied with steam from boilers at a safe distance. Tank rooms will also have to be properly ventilated so that gases will be carried'on*. - It is proposed to insert a clause regu- lating the handling of oil by retailers. Un- der the-present ordinance a dealer is allowed' r tp keep four barrels of gasolene in his cellar. The new ordinance will limit the amount to one barrel. Barrels on tap will have to be kept outside of the building. - , • ItV is understood that all the oil - com- panies in the city except one are in favor of the ordinance. This company would be compelled to make several changed if the ordinance passed." . Stoves Stored and Repaired. Gas and Gasoline Stoves Cleaned and Repaired. We call for them, clean thoroughly and set them up when wanted. We have expert men who understand the business. The Only Exclusive Stove House in the Northwest. Great westernsiove eepairco T.C. 161. 312 HENNEPIN AVE. N.W. 161. BURGLARS PUT TO FLIGHT M. ...... .- National KooCng and : Cornice company, appel lant, vs. O. H. Olson, respondent. Whenever there is a conflict in the testimony, of witnesses relevant to the issue, evidence of collateral facta, which have a direct tendency to show that the statements of the witnesses on. one side of the Issue are more reasonable and therefore more credible, than those on the oppo-' site side, is admissible. Bule applied, and held that the.trial judge did notr err fn his rulings as to the admission of the evidence. Order-affirmed. >p)|i'"'' if ijSSg—Start, C..J. -> Grav Cloud Land company, appellant, vs. Odin G. Clay ct al..' defendants; Odin G. Clay et al.. respondents, and Security Trust company et al.. respondents. Plaintiff, a corporation, authorized Us presi- dent, one Olay, to sell and dispose of Us land on such terms as he should deem reasonable. For the purpose of acquiring title to such' land and They Were About Ready to Blow Boyey-De Laittre Safe. A deliberately planned attempt to rob the safe in the lumber office of the Bovey- D e L a i t t r e l u m b e r c o m p a n y a t 1/2S9 T h i r d street .S,. was frustrated early this morn- ing. The officer on ; the beat frightened the burglars away. They had knocked the knob off the safe and were about ready to pour in the nitroglycerin" when they were compelled to flee, leaving their tools, behind. > An examination of the place showed that the men had gained an entrance to the building by using a skeleton key. The sledge-hammer, used in knocking off the knob of the safe, was stolen from a black- smith shop at 301 Thirteenth avenue S, Wednesday night. IVES'ICE CREAM ^ SPECIAL BRICK FOR SUNDAY DESSERT. Maple, Raspberry •••'( One ORg% Two #M1#» and Vanila . . , 1 q u a r t OTC quarts O U G Kmgulac Prion, 40o Pee Qumel. City and Country Order* Promptly Filled, Orders Delivered Sunday, IVES ICE CREAM CO. Telephones: N. W„ E 312. T. C:. 6194. 213^215 Second Ave. South East. AN ASSISTANT PASTOR E. D. Ellenwood of Chicago, Will Come ^ ;;JV t o t h e C h u r c h o f - t h e Re- ,. .4'wt". deemer. E. D. Ellenwood of Chicago, will come to the Church of the Redeemer as as- sistant pastor. For a year or more a special committee of the-church has been upon the. lookout, but-it is folt that the search is now successfully ended. Mr. Ellenwood : spent Easier week with the church and made .rnahy friends. While pursuing special studies, in the University of Chicago f9r sohte. years, Mrs Ellen- wood has also ;beeh engaged in active church work, especially in Sunday school and among the yOung people. My. Ellen- wood begins his work at once, tlie will be-i)resettt-bn'"Sontlay--morfting> K ".c,t"f< L y TO ASSIST IN- HOUSE CLEANING Our Second Floor is well stocked with everything necessary for effectual house cleaning. You can depend on the qual- ity of what you parchase here. Brooms—A fine, well-made broom, 2 5 c ; others up to 5 0 c . Floor Brushes—"The World's Ctaly Dustless"; "prices ranging from ; $ 1 . 2 5 to $ 5 . k Send for circular. Carpet Sweepers-The "Bisselis"; price, $ 2 . 2 5 to $ 3 . 5 0 . Carpet Whippers—Made of bBst. . steel wire; will not injure car- pet—25c. " _ * ti - Scrub Brushes—All sizes and ^shapes, best fiber brushes, 15c and 2 0 c Window Brushes—Fine grade of bristles, wire fastened, 4 5 c , 50c *, and $1.00. J ' h o p s and Hop Sticks— 1 0 c up. y. Window Rubbers—Mafees window cleaning easier and better, 2 5 c and 3 0 c . Wool Brushes—Nice and soft, made especially for dusting, walls and hardwood floorst extension han- dles, complete, 9 0 c . Step Ladders—Handy for the places "just out of reach'*; light, but strong; 4-foot, 6 0 c , etc. Tacks and Tack Hammers, nails, staples and screws, for carpets, matting, etc. ' v Pails—Wood, tin and galvanized iron; good-sized galvanized'iron pail, 3 0 c . ' . Vm ^ • -- -- •'• 1" --'-M -^ W. K. MORISON & CO. "^Hardware, Cutlery, riechanlcs' Toots, Stoves, Kltchenware, Etc. 2 4 7 - 2 4 9 HICOLLET AV., MINNEAPOLIS. Agents Sherwln Wi Hams Paints. Mk -.Li

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Page 1: Northwestern fuel Co. · 2017-12-13 · Minneapolis .millers are disappointed over the action of the railroad men in Chicago yesterday reducing flour rates by .two cents, from Chicago

U FRIDAY EVENING, S I ? 3Ȥ T H E MINNEAPOLIS J O U K N A L . ^ ^ ' f l MAY 1, 1903.

CITY^NEWS. WEATHER NOW AND THEN.

Maximum Temperature To-day 51 Degrees; a Year Ago 69 Degrees.

$ Coal A d v a n c e s 10 Cents—In t h e r egu l a r schedu le of a d v a n c e , h a r d c,oal w o n t u p 10 c e n t s a ton in pr ice to-dafyj a n d will sell u n t i l J u n e 1 for $S.36. ," tf ' , w .

y . V. U. and S. L. &oclal.-T.Tn>e U n i o n V e t e r a n s a n d Sons ' 1'eague \ w i r r . g i v e a social a t A l e x a n d e r ' s hall t o - m o r r o w e v e n ­ing. A. p r o g r a m of . m u s i c a n d a t h l e t i c e v e n t s h a s been a r r a n g e d .

T M STRIKERS^™ - &m j - • f

Sheet Metal Workers Get 30 Out of 44 Employers to Sign Theirs

Scale., : ,.

Employers Say the Burden Will Fall , ^on-Bjdlders in Advanced

v'~-':r.v.'"-'-. Prices. « •-'-V'-i,

S

- J

i Found Dead In Bed.—Joseph Tra ley , a l abore r , boa rd ing in a c o t t a g e Via <th<? r e a r

1 of 213Ms F o u r t h strCet. S> w.as found dead i e bed t h i s morn ing . H e had been suf­fer ing from consumption: ' b u t h i s d e a t h w a s unexpec t ed . ; .,< •" ;-'

Min lkahda Club L a u h c n - ^ T h e M i n i k a h -, d a c lub l a u n c h will begin r u n n i n g t o ­

m o r r o w on i t s schedu le of l a s t yea r . I t •will s t a r t f rom. M o n k ' s l and ing , foot of L a k e s t r ee t , un t i l t he - T h i r t y - f o u r t h s t r e e t l and ing is repa i red . :--%/\?j?':>w*i-

T r i n i t y ' s Communion Serv ice .—Trin i ty B a p t i s t c h u r c h h a s been preseht-ed a h a n d s o m e c o m m u n i o n Set—an indiv idual cup se rv ice . T h e n a m e of t h e .donor fs no t m a d e k n o w n . T h e c h u r c h holds Us first c o m m u n i o n se rv ice n e x t S u n d a y m o r n i n g . •••••••••', ••• ' . ,„.. ' ; . ; ,

Ho r se S to len .—Fred J a d i n t z . . l iving at. 152fi Second s t r e e t N . r e p o r t e d t o police h e a d q u a r t e r s th is ' m o r n i n g t h a t a va luab le ho r se had been s tolen f rom h i s b a r n . T h e ho r se w a s h i t ched t o . a red speed ing su lky . H e t h i n k s t h a t he k n o w s t h e m a n w h o s to le t h e an ima l .

Class F i g h t Over Caps—A f r e s h m e n -sophomore fight took p lace a t t h e " U " t h i s m o r n i n g over the c l a s s - c a p ques t ion . A h a n d - t o - h a n d ba t t l e w a s fought in f ront of t h e l ib ra ry bu i ld ing a f t e r t h e freshmen h a d a p p e a r e d in t he i r c lass caps . E v e r y " 0 6 " cap w a s c a p t u r e d . T h e fight w a s con t i nued for over a n hour . A w r e s t l i n g m a t c h by c lass c h a m p i o n s w a s - h e l d to dec ide t h e issue. _ '.*•.

N o r t h w e s t e r n S t a r Oil P lans—No def­i n i t e a r r a n g e m e n t w a s m a d e y e s t e r d a y r e g a r d i n g N o r t h w e s t e r n S t a r Oil c o m p a n y affa i rs a n d t h e Tepresen ta t ives of W . H . D a v i s ' e s t a t e a n d f o r m e r employes a r e ho ld ing a n o t h e r m e e t i n g t o - d a y . Z. C. Colborn will no t be included in a r eo r ­gan i za t i o n , if t h e r e is a n y accompl i shed , h a v i n g a l r e a d y become identified wi th t h e ,Kunz O i l . c o m p a n y . .

S w e a r i n g Not Abus ive .—H. P . W r i g h t , a n a g e d m a n . was a r r a i g n e d in munic ipa l c o u r t t h i s m o r n i n g cha rged w i t h u s i n g

'. a b u s i v e language, t o w a r d t<awrence L u n d . T h e old m a n acknowledged t h a t he h a d •used the w o rds a l leged in t h e : compla in t b u t J u d g e Hol t refused to a c c e p t a plea, of gu i l ty , s ay ing t h a t s w e a r i n g could n o t . b e . sa id to be abus ive , l i e w a r n e d t h e old,

: ; : man a n d d ismissed t h e case;

Gave F ic t i t ious N a m e . — A n o t h e r ' c a s e ! in •which a pr i soner c a m e in to mun ic ipa l c o u r t u n d e r a n a s s u m e d n a m e w a s t h a t of J o h n M c F a d d e n , commonly k n o w n a s " S c o t t y . " who a n s w e r e d to a c h a r g e of v a g r a n c y t o - d a y u n d e r t h e n a m e of J o h n S tevenson . M c F a d d e n h a s been a r r e s t e d

i s e \ e r a l t imes on t h e c h a r g e of v a g r a n c y . W h e n a r r a i g n e d Clerk Neilson compel led h i m to give h i s t r u e n a m e . H i s ca se w a s con t inued unt i l t o - m o r r o w .

George Loudon Ret i res—After t w e n t y -s ix >ears of close app l i ca t ion to b u s i n e s s , Gco ige Loudon h a s d i sposed of h i s in ­t e r e s t in t h e Goodfellow D r y Goods c o m ­pany , and will enjoy a v a c a t i o n before cons ide r ing a n o t h e r connec t ion . Mr. L o u ­don h a s the u n i q u e d i s t inc t ion of h a v i n g had bu t t w o employers before b e c o m i n g ft m e m b e r of t h e Goodfellow c o m p a n y a y e a r a g o a s s e c r e t a r y a n d t r e a s u r e r . P r i o r to t h a t he w a s for t w e n t y - o n e y e a r s w i t h Mr. Goodfellow.

VELDEY MADE PRES'T LAMPREYfflS CASE Minnesota University Ulan Chosen as $ . Head of the Northern Ora- %

.," v torical Association. ,, w

Annual Contest of the Association , to Be Held in "IT Chapel , >

, This Evening.

T h e s h e e t m e t a l w o r k e r s ' s t r i k e r s h a v e v ic to ry in s igh t on t h e first.day of the s t r i k e . More t h a n t h i r t y of t h e fo r ty - four emp loye r s h a v e a l r e a d y s igned t h e w a g e scale a n d t h e w o r k i n g ru les p r e s e n t e d by Union No. 40, A m a l g a m a t e d S h e e t Me ta l W o r k e r s ' I n t e r n a t i o n a l a s soc ia t ion . T h e m e n will s ecu re a n e i g h t - h o u r d a y a n d a m i n i m u m w a g e of 40 c e n t s a n houfJ T h e employe r s h a d offered a- m i n i m u m "of 30 c e n t s a n d h a d s o u g h t t o c h a n g e m o s t of t h e ru les p roposed by t h e un ion .

" T h e emp loye r s h a v e n ' t held t o g e t h e r , " said one of t h e m th i s m o r n i n g . "" " E a c h w a s so a f ra id t h a t his , r i va l s would s ecu re a n a d v a n t a g e t h a t he a l m o s t t u m b l e d over h imself in h i s h u r r y to s ign t h e un ion a g r e e m e n t . M a n y of t h e s i g n a t u r e s w e r e secured l a s t n igh t , a l t h o t h e s t r i k e w a s n ' t s chedu led to begin un t i l t h i s m o r n i n g .

T h e w a y we looked a t -it w a s th i s—i t w a s n ' t ou r fight. T h o s e ; who•• /want to bui ld houses h i r e u s to, g e t t h e w o r k , d o n e , a n d w e h i r e t h e m e t a l w o r k e r s / If w e h a v e t o p a y t h e w o r k e r s ^ m o r e ' money , we ' l l s imply m a k e i t u p in our c h a r g e s . T h e add i t i ona l cos t of m e t a l w o r k will r a n g e from 5 to 25 pe r c e n t . "

A s imi la r s t r i k e is on in St . P a u l .

F o r t h e second t i m e in i t s h i s to ry t h e u n i v e r s i t y , - w i l - t o - n i g h t , b e - t h e s cene of a n i n t ^ t a t e ^otatoriofti-..' con tes t . T h e northern*- o ra to r ica l a ssoc ia t ion , c o m p r i s ­ing t he . un ive r s i t i e s ;ijlEUMichigan, Chicago , Wisodnsir i "'' ' aha I o w a ' ' a r i d N o r t h w e s t e r n and.»ObeV]iri-.uhiyersftie's wiL ̂ ho.ld i t s a n ­n u a l c o n t e s t in t h e u n i v e r s i t y f'chapel a n d P r e s i d e n t - G y r u s • Nor i l i rop ,' wil l p res ide . The" p rog rah ' d f ' s t peeches fol lows:

George .P.;c Jones , - Minneso t a , " T h e Coal S i t u a t i o n " ! F r a n k Milner , N o r t h w e s t e r n , " R u s k i n " ; L. D . Woodruff, Oberl in , " J o h n Quincy A d a m s " ; E u g e n e Marsha l l , M i c h -

The Long Legal Tight With Russell Sage for 50,000 Acres of

-* *• « v ' h% Land1.* w * , . j 4 ';

Supreme Court Hands Down Decis­ion in St. Paul & Chicago

Land Grant Case.

Grand Array af Bar­gains Saturday.

PRICES CUT WAY DOWN.

"If It R a i n s , " 8—$25 Coats—$15. O the r s , $18, $30. Hof fmap ' s . Togge ry

Shop. • ' ' •' '

irSNOILOWENOUGH Minneapolis Millers Think Roads

Should Have Reduced Flour

. : Rate More.

More Active Milling Wil l Follow

: May 11 When the New Rate

Is Effective.

NUMBER 226

i

1 I I 1

4 —,

Total Residences can­vassed from August* 26 t o date 4495 Journals taken 3768 Eve. Tribunes. . . . . . .844 Morn. Tribunes . . . . .632 No. Flat Bldgs..:. . . .67 Journals taken 1112 Eve. Tribunes 150 Morn. Tribunes... . . . 163 Any advertiser can prove these figures

To-day's Canvass 16th St. W. 33rd St.

59 Residences

39 Journals .

12 Eye. Trlbs.

11 M. Trlbs.

8 residences.

6 Journals.

2 E. Trib.

1 M. Trlbs.

15th St. 32rd St.

NECR0L0GICAL

Minneapol i s .millers a r e d i sappo in ted over t h e ac t i on of t h e r a i l road m e n in Ch icago y e s t e r d a y r e d u c i n g flour r a t e s by . t w o c e n t s , f rom Chicago to t h e s e a ­board . T h e mi l l e r s a d m i t t h a t t h e y h a v e g a i n e d a \ J c to ry , h a v i n g forced a r e d u c ­t ion t h a t will p a r t l y offset t h e low w a t e r r a t e s m a d e on w h e a t . B u t t h e conces ­s ions g r a n t e d a r e n o t enough . T h e mi l l ­e r s a r e d i s appo in t ed b e c a u s e t h e y h a d been led t o bel ieve t h a t t h e r o a d s would do m o r e for t h e m .

A s n o w fixed t h e r a t e s on flour from Chicago t o t h e s e a b o a r d a r e 18c for d o ­m e s t i c a n d 15V£c on expor t , all ra i l , a n d 16c a n d 13%c respec t ive ly ra i l a n d w a t e r . T o t h i s m u s t b e a d d e d 7%c, t h e r a t e from Minneapo l i s t o Chicago. T h e s e do n o t b e c o m e effective un t i l M a y 11, a n d t h e r e is no relief till t h e n .

T h e mi l le rs hope to accompl i sh m o r e l a t e r on.

No S h u t Down Unless I m p e r a t i v e . I t is no t t o . b e infer red t h a t t h e i n d u s ­

t ry is in danger,.-of s t a g n a t i o n . T h e m i l ­lers will n o t close a p l a n t if t h e y c a n he lp it. N o mil ler will c o m m i t ' h imself a s t o ju s t w h a t h i s c o m p a n y will do, b u t i t is ikely t h a t t h e mills will c o n t i n u e g r i n d ­ing a t a b o u t the . p r e s e n t c apac i t y un t i l M a y 11. If t h e mil ls ge t t h e n t o t h a t d a t e a n d cond i t ions improve , it is no t i m ­p robab le t h a t m o r e mil ls will s t a r t up , a n d he oupu will be b a c k a g a i n t o t h e old t ime f igures. T h e . m i l l e r s a i e t a k i n g w h e a t freely f rom t e r m i n a l h o u s e s a n d m o s t of t h e M a y del iver ies w e n t to mi l ­lers, w h i c h is ev idence t h a t t h e r e is no immediate danger of a general shut down.

S h i p m e n t s Still L i g h t T h e ra i l roads a r e st i l l feel ing t h e effect

of t h e l igh t flour ou tpu t ; Y e s t e r d a y s h i p ­m e n t s w e r e 39,789 b a r r e l s a n d t h e d a y b e ­fore 40;f44 ba r r e l s , w h i c h is t h e b e s t t w o -day s h o w i n g since, before t h e mi l l s c losed . Th i s is a b o u t half w h a t t h e r o a d s wou ld g e t w e r e all t h e mi l l s runn ing . ;

Minneapo l i s e l eva to r s h a v e been load ing ou t f reely for t h e p a s t f o r t y - e igh t h o u r s for t h e M a y 1 'de l ive ry a n d t h i s m o r n i n g t h e r e w e r e a b o u t 1,500 c a r s of w h e a t o n t r a c k for t r a n s f e r f rom e leva to r s t o t h e mil ls . To noon t h e C h a m b e r of C o m ­m e r c e c l ea r ing house r e p o r t e d de l iver ies of a b o u t 1,500.000 bushe l s of w h e a t to p u r c h a s e r s of May . a n d i t is t h o u g h t t h a t with the wheat loaded out to-day the May. 1 de l iver ies m a y r u n to $2,500,000 b u s h e l s in all. S o m e of t h e b u y e r s w h o h a d M a y w h e a t coming h a d expec ted to t a k e i t oh May 1. b u t c h a n g e d t h e i r m i n d s in v iew of t h e u n c e r t a i n t y r e g a r d i n g t h e mi l l ing s i t ua t i on a n d t h e posibi l i ty t h a t un le s s t h e r a i l r oads a c t e d f avo rab ly in, t h e m a t t e r of r a t e s , t h e Minneapo l i s mi l l s m i g h t e r e d u c e t h e flour o u t p u t in M a y a n d so c o n s u m e less w h e a t . H o l d e r s of M a y w h o took t h i s v iew sold t h e i r M a y . a n d b o u g h t J u l y . T h i s w a s w h y J u l y w h e a t a d v a n c e d . y e s t e r d a y a n d M a y decl ined a n d t h e t w o op t ions w h i c h h a d s tood a t a b o u t t h e s a m e figures sold a t a c e n t difference.

T h e n e w F r y b e r g e r t a x l aw h a d m u c h to do w i t h t h e de l iver ies a s e l eva to r s p u t ou t cons ide rab le w h e a t to avo id t h e t a x .of ' M a y 1 t h e r e b y s a v i n g a b o u t %c a bushel.-.-

T . A. V E L D E Y , M I N N E A P O L I S .

P r e s i d e n t of t h e N o r t h e r n Ora tor ica l L e a g u e .

- — P h o t o by Lee B r o s .

igan . " H a m i l t o n a n d t h e Cons t i t u t ion" ; , R a l p h M e r r i a m , Chicago , " T h e R a c e P r o b l e m " ; C. C. P e a s e , W i s c o n s i n , " T h e Mission of M a r s h a l l " f J o s e p h . S h a n n o n , I o w a . , " O u r Sod ."

T h e a s soc i a t i on held t h e a n n u a l e lec­t ion of officers th i s a f t e rnoon a t H o t e l Nicol le t a n d e lec ted T." A. Veldey p r e s i ­den t . Th i s is t h e first t i m e in t h e h i s ­t o r y of t h e l eague t h a t a M i n n e s o t a m a n h a s been e lec ted p re s iden t . Mr. Va ldey h a s been p r o m i n e n t in d e b a t i n g a n d o r a ­tor ica l c i rcles a t t h e u n i v e r s i t y d u r i n g h i s e n t i r e course . ; :He w a s r e c e n t l y e lec ted p r e s i d e n t of t h e M i n n e s o t a d d b a t i h g b o a r d a n d is t h e _ y i e e p r e s i d e n t of" the M i n n e ­s o t a Dai ly boa rd . H e is a l so a m e m b e r of t h e S h a k o p e a h L i t e r a r y soc ie ty a n d of t h e Alpha Tail O m e g a f r a t e r n i t y .

O t h e r officers e l ec t ed w e r e J . A. B a r n e s of Nor thwes t e rn* : s e c r e t a r y , and. W. D. Cole of Mich igan , t r e a s u r e r . T h e con­t e s t n e x t y e a r will be he ld a t A n n Arbor .

SAW HER SON AGAIN A Pathetic Real life Story Involv-

- ring a little Boy of Min-* s Al *- •> neapohs.

He Sees His Dying Mother, a Bean tiful Woman of the <

Chippewas.

Url L. L a m p r e y of St . "Paul w i n s h i s long d r a w n ou t fight w i t h Husse l l Sage for 50,000 a c r e s of the . old S t , P a u l & Ch i ­cago land . g r a n t . T h e . s u p r e m e c o u r t t o ­day! h a n d e d d o w n i t s s econd a n d final d e ­cision in his fayor,, b y w h i c h t h e l a n d m u s t be t u r n e d over to h im. on p a y m e n t of $62,220. . '

T h e l ands involved He in t w e n t y - s i x different t o w n s h i p s in S t e a r n s , Kandiyohi* Renvi l le , D o u g l a s , Grant, . S t e v e n s a n d O t t e r Tai l coun t ies . TJie case d a t e s f rom 1887, w h e n Mr. L a m p r e y c o n t r a c t e d for 100,000 a c r e s of t h e l a n d g r a n t . H e took w i t h i n t h e t i m e specified a l l b u t t h e t r a c t s involved in t h i s case , a n d t h e y w e r e a l ­lowed to r im u n t y -1S99. w h e n a second a g r e e m e n t w a s m a d e . , T h e r a i l road c o m ­pany , however , asserted^ t h a t t h e dea l w a s no t b ind ing a n d conveyed t h e l a n d s . t o Russe l l Sage . L a m p r e y t e n d e r e d t h e p u r ­c h a s e m o n e y , b u t i t w a s refused, arid h e appea led from a n o rde r of t h e d i s t r i c t cou r t c h a r g i n g h i m w i t h b a c k i n t e r e s t . T h e s u p r e m e couftt s u s t a i n e d h is po in t a n d -sent t h e case back . On t h e s econd t r i a l J u d g e B u n n in t h e R a m s e y c o u n t y cour t dec ided in h i s favor , a n d t h i s d e ­cision w a s s u s t a i n e d t o - d a y . T h e sy l l abus s a y s :

Url L. Lamprey, respondent, Vs. St. Paul & Chi­cago Uallway oomituny et al., appellants. Aetion to enforce specific performance of an

agreement to conrey real estate, the terms of which are set forth in the opinion. Held:

First—That the agreement Is supported by a valid consideration and is in legal effect a con­tract for the future conveyance of land witbin the moaning of laws of 1807, chapter 223, provid­ing for the manner of terminating the rights of vendees in such contracts.

Second—If a contract for the sale of land' is supported by a valid consideration and there is no other good reason why it should not be spscflc-;ill.v enforced except the want of mutuality of deincdy, it. -\\ill be so enforced.

Third—The tenders by the plaintiff of the bal­ance of the purchase price of .the land were suf­ficient and stopped the .running of interest and the trial court did not err. in, its finding of the amount due oil the contract.

Judgment affirmed. ~ —Start, O. J. E x p r e s s C o m p a n y P a y s for F i sh .

An e x p r e s s c o m p a n y w h i c h a c c e p t s a c o n s i g n m e n t of " g a m e or . fish is l iable for i t s va lue , even if the c o n s i g n m e n t be seized by s t a t e a u t h o r i t i e s a s c o n t r a b a n d . T h i s po in t is settled- in t h e case of G r a ­h a m Bros , of B r a i n e r d a g a i n s t t h e N o r t h ­e rn Pacific E x p r e s s c o m p a n y . T h e fish w a s sh ipped in b a r r e l s t o G. A. .Cast le a t Minneapol i s , a n d w a s se ized h e r e b y a g a m e w a r d e n . T h e lower c o u r t g a v e G r a ­h a m Bros , a v e r d i c t for $261.50 a g a i n s t t h e expres s company , a n d th i s is aff i rmed. T h e cou r t dec l ines to cons ide r t h e q u e s ­t ion of w h e t h e r t h e b u r d e n of proof w a s on t h e plaintiffs t o show t h a t , t h e y h a d come legally in possess ion of t h e fish. T h e decis ion m e a n s t h a t , t h e expres s c o m p a n y t a k e s t h e chances a n d is l iable for t h e safe del ivery of goods i t a c c e p t s for s h i p ­m e n t . T h e sy l l abus :

Orton A. Graham and Byron M: Graham, part­ners, doing business* as Graham Brothers, re­spondents, vs. the Northern Pacific Express company, appellant. First—Whether the burden of proof is upon

the person having possession during the open season and claiming title jo wild game alleged to have been caught and taken in violation of law, or upon the state, to show whether the law was violated, quaere. :.

Second-—Evidence ' 'exa'minedr and held cient to sustain the verdict..

Order affirmed. '•""/*• • • * ifiefcovers a Ve rd i c t .

A ve rd i c t for $lvBt)0' a g a i n s t ' "the G r e a t N o r t h e r n , iiv-a? case f m i n g u p f rom Po lk cdunt>\ . ! s susta-inc^Jnf-Ehe-syllabus: . George' BeriWf, respondent, vs. Gickt Northern

Hallway company, appellant. ••••: • • • Held, in a personal injury action, that there

was sufficient testimony to justify the jury in fludihg that the defendant was negligent in fail-' ing to keep certain part* of a steam shovel about "hich plaintiff was at work in good repair,, and that this negligence was the proximate cause Of iniuries Inflicted upon him,/and, also, that the ipiestioh of an assumption of risk by plaintiff one for the jury to determine.. - - _

Order affirmed. —Collins, J.

Ladles' fine kid lace, $2 60 exten­sion sole shoes— Saturday,

SI .60 Ladles' new $3.00 flexible hand-turn •ole, laee s h o e s -

Saturday,

$1.98

121 and 123 Washington Ave. South. Large lot of t h e Factory and Sample Shoes

a t Special Bargain Price*. Children's S a m p l e Shoes, size 5 to 8; worth 75c,

4 9 c Misses' Sample Shoes, size to 2, worth $1.75,

Ladles' $2 kid lace, new patent tip—

S£-::,..*1.1t ."' Ladies' genuine $4 hand turned laee shoe, Par is kid, Paris g £ A Q Q style—Saturday 9mmW Ladles ' kid bow strap slippers 4 8 o Ladles' tt.50 new patent ' t ip , Q O ^ oxford t i e . . . . . . . . . . . . . . . « f H • Ladies' patent leather how strap slippers Ladles' kid house s l i p p e r s -Saturday

6 9 » 3 9 c

9 8 c

Chllds' Sample Shoes, size to it, wortn $1.50,

7 5 c

MEN'S SHOES Thejbest {i\ wearing 0 shoes in toe

•city. Try 'a pair and wo can . .y prove it.

Mea's Calf-'

Boys' Shoes, Calf Lace 'worth to $1.50. AH sizes,

9 8 c Infants ' Patent leath­er Shoes, size 3 to 6, worth 75c,

v 3 9 e Misses' fine $ J.75 dress Shoes, size 11 to 2,

$1.25

Chllds' Sample Shoes, size to 11, worth $1.75.

9 8 c Boys' Kangaroo Calf Shoes, all sizes, worth to $1.75,

$1-25 - Chllds'$1 patent leath­er shoes, sizes 5 to 8,

5 9 c Boys' fine $2 Calf and Box Calf Dress Shoes, all sizes,

$1.50

Men's splen did wearing and stylish box calf and vici kid shoes; Goodyear sewed— actually 0 O C A worth $3, at QaVaWU Men's latest Boston toe in fine vici kid welt sewed lace. They are the equal of other O O A A $3.50 shoes ; ; : 9 0 i U U Special—100 pairs of Men's 61.75 calf tip lace. Satur- C ^ 4 4 Q day at ^ ) • • l « 9 Special—Men's Baxtor $2.00 <fe 4 K A shoe Saturday at M> • • • "

5 Great Suit Specials SPECIAL NO. 1—All wool Men's Suits, new goods, neat dark feE A A

colors, sizes up to 44, suits worth 88.00. Special Saturday at *P «V • W SPECIAL NO. 2—Ten styles of new Spring Suits, all good, de- C ^ O "f C

sirable patterns, all sizes up to 44, worth up to $10. Special at V V i • O SPECIAL NO. 3—A splendid variety of Cassimere and Cheviot Suits, worth

up to 612.50, all sizes up to 44. Saturday special feO * 7 C at V O B M O

SPECIAL NO. 4—The greatest value ever shown, suits worth 615.00, all hand tailored, are perfect fitting, 5Q styles. Special , d ^ | A A A

SPECIAL NO. R—Our greatest special, hand made suits that fit equal to the best custom tailored garments; a splendid assortment of ^ | A C A attractive new patterns, suits worth to 618. Special at ^ 1 «*••«•» w

snffl-

-Brown, ' J .

BOYS' SUITS—3-piece Knee Pants Suits for boys of 8 to ^ A O C 16yrs., 64 quality, for M V a - i O v

BOYS' SUITS—Children's Sailor Blouse Suits, silk Soutache trim­med, plain and fancy ^ A A A colors... . ^ J r f a - B W

MEN'S HOSE—Silk finished Lisle Hose, all the new colors for spring and summer, 35c hose , 4 A f *

for.

SPRING SHIRTS-Madras soft bosom Shirts, in plain and fancy, with detached cuffs, 61.00 ^SJC-ra quality, for O H O

WORK SHIRTS—75c quality Madras and Cheviot Shirts, with soft col­lar attached, tie to B A A match OlfC

CANVAS GLOVES-100 dozen best 10c quality of canvas Working -Gloves, limit, 5 pairs to each C _ ^ customer.' Saturday ... U w

to enable him to make a loan thereon for his own use and benefit. Clay, in the name of and for the corporation, conreyed without considera­tion the same to P.. and P. reconvened it to Clay. Whereupon the- le t ter borrowed $10,000 of defendant trust company, mortgaging the land to secure its payment. In an action by plaintiff to set aside the conveyance to P. and-the mort­gage to the trust .company, on- the ground of fraud, the trial court found as a fact that the trust company acted in good faith and without intent to defraud plaintiff-and had no "knowledge or notice whatever" that plaintiff had any inter­est in or title to the land so conveyed and mort­gaged. This finding is held to include both act-rial and constructive notice, or notice • of facts or circumstances sufficient to put a. person upon inquiry, and is not so clearly against the evidence as to justify this court in setting it aside.

Order affirmed. '• • —Brown, J.

So ld ie rs ' C a s e s t o Come Up. T h e Un i t ed S t a t e s c i rcu i t count of a p ­

p e a l s s i t t i n g : in S t . P a u l i-fcrill r ev iew t h e cases of E d w a r d M. Brode . J a m e s F . Cof­fee,- J o h n E . ,Morr i s a n d . A n d r e w C. H e n s h a w , four r e g u l a r so l iders w h o w e r e conv ic ted b y c o u r t - m a r t i a l of t h e m u r d e r of a Fi l ip ino you th . T h e m a t t e r comes u p on h a b e a s co rpus p roceed ings a n d will be h e a r d on M a y 4. T h e m e n a r e s e rv ing life s e n t e n c e s a t t h e F o r t L e a v e n w o r t h mi l i t a ry pr ison.

JUDGE GEORGE F. APPLEBY of W a s h i n g t o n , D . C . b r o t h e r - i n - l a w of W . E . Steele of t h i s c i ty , d ied l a s t n i g h t a t t h e H o t e l R i c h m o n d . W a s h i n g t o n , a f te r a prolonged i l lness. J u d g e A p p l e b y w a s an

^author i ty .in l aw . H e h a d s e r v e d on the-' s u p r e m e b e n c h of t h e D i s t r i c t of .Columbia a n d he h a d l ec tu red a t Co lumbia u n i v e r s ­i ty . H e v is i ted Minneapo l i s l a s t w ine r . T h e funera l will be he ld f rom t h e old Sfeele h o m e in L a f a y e t t e s q u a r e , W a s h ­ing ton .

~: A N G I E S H E P H E R D , aged 60, d ied Apri l 30. F u n e r a l S a t u r d a y , 2 p . m . , from 3143 S t e v e n s a v e n u e ; i n t e r m e n t a t L a k e w o o d .

FOE MRS. W.'E. SCOTT

Made of linen, especially se­lected and woven, there is no other underwear so snow-white, clean and porous. And none half so comfortable and satisfactory.' ?

'" Booklet telling all about them ^ _ end the garments may be hud

AT ALL LEADING DEALERS.

Additions^JMade to Fund for Relief V of Explosion Sufferers.

Addit ipriaf c o n t r i b u t i o n s h a v e been r e ­ce ived for M r s . - W . E* Sco t t a n d lief t h r e e l i t t l e - c h i l d r e n , t h e f ami ly <of W a l t e r . W-Scot t , one of t h e v i c t i m s of t h e S t a r O i l c o m p a n y c a t a s t r o p h e . . T h e to ta l rece ived by T h e J o u r n a 1" n o w / a m o u n t s t o $30.50. T h e con t r ibu t ions* he re to fo re u n ­a n n o u n c e d a r e : " : *\;.jCJife. Cash •;':?#;;•&?,:•'. W. H. Barber ':'vy*•$£•.-» . P. Wells . . . . ; . .>.>' Walter N. Carroll •....'.H H. T). McCord .-.. :. Cash • '• "• • •

Nico l le t Counci l N o . 11, Mode rn S a m a r ­i t a n s , h a v e t a k e n u p t h e work .of r a i s i n g a fund for M r s . Sco t t . A gene ra l dall Sp6n m e m b e r s of t h e o r d e r to; c o n t r i b u t e h a s b e e n issued. F o r ' t h e S a m a r i t a n s ' fund

l^noney will b e a c c e p t e d b y : D. B. McLennan; good Samaritan, $41 Guaranty

building. • • • B. E. McOlain, vice good Samaritan, 1204 Guar­

anty building. Ludvlg Arctander, financial scribe, 730 Temple

Court. / , Henry Voegeli. treasurer, Voegeli's drug store.

I KEEP THEM FROM VICE

T a k e n foicibly.. while a n in fan t 411 a i m s from his m o t h e r , O g e m a q u a , " t h e q u e e n of b e a u t y " on t h e I n d i a n r e s e r v a t i o n n e a r Ash land , Wis . , fou r t een yea r s -agO, h a n d ­some, y o u n g E d g a r R ich t e r , a d o p t e d son of Rev; L o u i s Richter-, 141 E l e v e n t h s t r e e t N, l a s t w e e k s tood by t h e beds ide of t h e d y i n g w o m a n to w h o m he owed h is be ing . T h e boy h a d n o t s een h i s m o t h e r s ince t h e i r s e p a r a t i o n a n d no r e m e m b r a n c e of t h e I n d i a n w o m a n w h o g a v e h i m b i r t h h a d b e e n s t a m p e d upon h is b a b y b ra in .

T h e m o t h e r h a d b e e n a d j u d g e d by t h e r e l a t i ve s of t h e b o y ' s f a t h e r unfit for h i s cus tod ian , a n d w h e n she s e p a r a t e d f rom h e r w h i t e h u s b a n d E d g a r w a s b r o u g h t to Minneapol i s to l ive w i t h his g r a n d p a r e n t s . F e e l i n g herself in t h e s h a d o w of d e a t h l a s t week . ' O g e m a q u a . w h o s e love for h e r boy h a d n e v e r w e a k e n e d , a s k e d t h a t s h e be a l lowed to see h i m a g a i n .

W h e n t h e boy conf ron ted h i s dy ing m o t h e r F r i d a y las t , she n a m e d h im sole he i r to a t r a c t of p ine on t h e r e se rva t i on va lued a t from $10,000 to $15,000.

O g e m a q u a w a s t h e m o s t beau t i fu l gir l u p o n t h e r e se rva t ion , a n d h e r good looks w o n for h e r t h e t i t le of t h e O d a n a h queen . W h e n a m e r e child s h e w a s s e n t to a con­v e n t in W i l w a u k e e . w h e r e she rece ived a good educa t ion . B e i n g possessed of a r a r e voice, she d i s t i ngu i shed herself in t h e s t u d y of m u s i c . R e t u r n i n g t o t h e r e se rva t ion , she m e t a n d loved E d g a r Lou i s R ich te r , a y o u n g t e l e g r a p h ope ra ­tor , in c h a r g e of t h e s t a t ion a t Odanah . T h e i r m a r r i a g e followed a n d a boy w a s born . T h e " q u e e n " b e c a m e a v i c t im of d r i n k a n d t h i s led to a s e p a r a t i o n .

R i c h t e r w a s a w a r d e d t h e cus tody of t h e child, b u t w h e n h e w a s a b o u t to . boa rd a t r a i n for Minneapo l i s a score of I n d i a n s u n d e r t o o k to ge t possess ion of t h e child. T h e I n d i a n s a t t a c k e d h i m whi le his b ro the r , Danie l , w a s b u y i n g t i cke t s . Dan i e l r u s h e d t o t h e rescue", a n d whi le he covered t h e , I n d i a n s w i t h a b r a c e of r e ­volvers , t h e f a t h e r ' c w i t h ' h i s h a b e boa rded tlie p a s s e n g e r t r a i n . T h e h u s b a n d , w h o w a s r e m a r r i e d , now liygs in N o r t h D a ­k o t a . T h e v i c t im of an incurab le 4 ' s -ease . but" l i t t le hope is e n t e r t a i n e d of O g e m a q u a ' s r e c o v e o . , ,.

Lien C a n n o t Be Enforced . T h e lower cou r t is r eve r sed in a n i n ­

t e r e s t i n g ca se coming u p f rom B e c k e r coun ty , w h e r e J . C. Rowley sued to e n ­force a l abor l ien of $40 oh logs o w r i e d b y t h e ' C o m m o n w e a l t h L u m b e r company . T h e s e logs w e r e c u t by t h e Contractor , Conkl in , on t h e W h i t e E a r t h r e s e r v a t i o n , a n d w e r e the re fore w h e n cu t t h e p rope r ty of t h e federal g o v e r n m e n t . T h e s u ­p r e m e c o u r t holds t h a t t h o t h e logs h a d s u b s e q e u n t l y p a s s e d in to t h e h a n d s of t h e C o m m o n w e a l t h L u m b e r company , t h e y w e r e g o v e r n m e n t p rope r ty w h e n t h e l abo r w a s per formed, the re fore t h e l ien c a n n o t be enforced. T h e sy l l abus s a y s : - ^ J. C. Rowley, respondent,..vs. John Conklin et ai..

defendants; the Couiraoiiwealtb. Lumber com­pany, appellant. In an action to foreclose a laborers lien,

claimed under* the provisions of chapter 342, (i. I,. ISM), for labor performed in cutting and bankfng certain pine logs on the White Earth Indian reservation under contract wi th .a repre­sentative of the general government, it is held that at the time the labor of cutting and bank­ing such logs was performed the same belonged to the government of the United States and no lien could attach thereto: defendants acquired title to the logs subsequent to the performance of such labor, and received the same free and clear of plaintiffs asserted lien. .

Order reversed. —Brown, J.

O the r fol lows:

HANDLING OF OILS A New Ordinance Regulating It

May Result From the Re­cent Explosion.

BUY

$8.35 Per Ton. Immediate Delivery.

Northwestern fuel Co. T. C.-1034. N. W.—382, 383, 384.

304 NICOLLET AVENUE. W . H . Rendell, City Agent.

Fire Marshal Ringer Is Drafting Ouaw—- Committee of Investi-

gation Favors It.

.$0.50 ^5.00 .>~;5.0!i i';B.oo . '3 .00 . V.0t»

«**s:

k: FIFTH IDENTIFICATION

491 Broadway, New York.

^Mifci'i;?

tCti. L

American Volunteers Trying to Se £ " * -cure a Shelter for Girls. %\\* % :*. I t is u n d e r s t o o d t h a t tnje loca l b r a n c h of t h e V o l u n t e e r s of America ; h a v e .had a f avorab le offer m a d e b y t h e ho lde r s of t h e fora i ie r .Dunsmbor h o u s e a t T h i r d a v e ­n u e S a n d T e n t h s t r ee t , , a t a s u m less, t h a n $20,000: T h « , p lace , it secured , w i n ..be u s e d a s a h e l p i n g h a n d I r i ^ t u t i o n w h e r e w o u l d b e t a k e n b y e m i s s a r i e s of t h e V o l u n t e e r s i n e x p e r i e n c e d - ;yourig. w o m e n a n d g i r l s w h o come t o t h e .c l ty^aione a n d a r e a p t t o fal l i n t h e h a n d s of evil d i s ­p o s e d p e r s o n s , w h o - a r e r e p o r t e d f r e ­q u e n t l y a s s t e e r i n g t h e s o m e t i m e s ignor ­a n t g i r l s t o r e s o r t s f rom w h i c h e s c a p e is

v difficult. I t wil l be . useid in no s ense a s a s h e l t e r i n g h o m e , b u t s i m p l y a s a t e m ­p o r a r y p lace fo r g i r l s w h o c o m e to t h e r a i l r o a d s t a t i o n s w i t h no, one t o m e e t

*!&

Prospect Park Victim Said to Have

Been a Leavenworth, Kan- -

sas Man.

ma-

Afte r s ix m o n t h s ' c o n t i n u o u s effort, on t h e p a r t of t h e police t h e m a n w h o w a s m u r d e r e d in P r o s p e c t P a r k l a s t Oc tober a n d for w h o s e m u r d e r Lev i N y s t e d t a n d A n d r e w H a a k e n s o n a r e s e r v i n g e ighteer i -y e a r s e n t e n c e s in t h e S t i l lwa t e r "prison, h a s b e e n - ident i f ied ' for.j t h e f i f t h - t i m e . H e r m a n Sp r inge r of F o r t L e a v e n w o r t h , K a n . , w h o cal led a t police h e a d q u a r t e r s t h i s m o r n i n g . , s a y s t h a t h e ' U s ' J a m e s D o u g h e r t y , w h o l ived in " F o r t L e a v e n -wor th> ' . . . -> ' > ;••;*.

A c c o r d i n g t o Spr . ingerTs\s tory; D o u g h e r ­t y h a d a b a d rep 'u ta t io i i , ahd se rved a five-y e a r s e n t e n c e in the* T e x a s p e n i t e n t i a r y for r o b b i n g a: j e w e l r y s t o r e a t P a r i s , T e x a s . . . :After ^bein^r" r e l eased f rom t h e p r i son * h e v-drifted a b o u t t h e coun t ry , a n d h i s / f r i e n d s a n d r e l a t i ves a t F o r t L e a v e n -w ^ r t h l o § i t a l l t r a c e of h i m . T h i s , h e s a y s , expiairis' 'Tyhy t h e m a n w a s n o t identif ied sooner a n d w h y n o inqu i r i e s h a v e been m a d e c o n c e r n i n g h i m .

S p r i n g e r is ;so pos i t ive in h i s , i d e n t i f i ­c a t i on of t h e d e a d m a n ' s p i c t u r e t h a t t h e police placie cons ide rab le fa i th in h i s s t o ry . A copy of t h e p h o t o g r a p h h a s been s e n t t o t h e chief-of-pol ice of L c a v e n -V o r t h . - - . •«•• • - '• ' • v " - ^ / " %'

dec is ions filed t o - d a y w e r e a s

O t t e r Tal l Coun ty . Francis S. Walbon. appellant, vs. Emily Webster,

respondent, and Charles E. Cooper, made a party by order of the court, intervenor. A. mortgaged a tract of laud to^B. .to secure

the payment of $500. B. sold and assigned tbe mortgage and debt, thereby secured TO C. Sub­sequent to the assignment. A., to obtain an ex­tension of the time of payment of the debt thus secured, executed anothed mortgage to B.. on the same land to secure the same debt. The tirst mortgage was not satisfied. A. then sold the land to plaintiff, who assumed and agreed to pay the- first mortgage. She 'thereafter, brought this action to cancel and set aside the second mortgage on the ground that it was •withy-out consideration and void. It Is held that the. evidence is conclusive that the second mortgage was without consideration, the debt which it secured not being owned by the mortgagee-at. this time of Its execution, by reason of which. the mortgagee had no authority to grant ah extent slon of the time of paynient of teli debt thereby, secured: that as plaintiff <1M uot take title to tWe, land subject to the second mortgage or assume or. agree to pay it. she is rot estopped froni. asserting its invalidity "and may effect its- con* cellation in this action.- Judgriient reversed. :

—Bro$;n,' J. ' >'; ' ' 'W r-- ';•';-! Clay: County , ; . ;-$i"/^v;i;!.:.-

Minheapolis Threshing Machine company, appel­lant, vs. Commodore P . Jones, et al., defend­ants, the Jones Land Association and the Flour ( i tv National Bank, respondents. First—An equitable action brought to set aside

a conveyance of real estate, alleged to have been made for the purpose of hindering, delay­ing and defrauding the plaintiff, an alleged debtor, cannot be maintained when i t aflrmative-lv appears from the complaint that the judgr tiic-nl on whicb i t - is ipredicated has been, fully paid by a sale of personal -property under a writ of execution, and a proper returtt of sucli writ duly satisfied has been made. P.

Second—Application of the well settled rule of pleading stated in"< Diixbury vs. Boise, 70 Minn.. 115. and other cases. •-'•-.•

Order affirmed. —Collins. J. - The Flour City -National Bank, respondent,' vs.

• John M. Bayer, appellant. Action for tbe conversion of a quantity of

wheat. Held, that the finding and decision of the trial court to the effect that the plaintiff was the owner of the wheat, and that it was converted by the defendant, is sustained by the evidence.

Order affirmed. . —Start, C. J. W a s h i n g t o n C o u n t y .

Glassberg and Henry Glassberg. partners

As a resu l t of t h e i n v e s t i g a t i o n of t h e N o r t h w e s t e r n S t a r Oil explosion a n o rd i ­n a t e r e g u l a t i n g t h e h a n d l i n g of ke rosene , gaso lene a n d o t h e r h igh ly inf lamable oils w i t h i n t h e c i ty l imi ts , will p robab ly be r e c o m m e n d e d ' t o t h e counci l by a c o m ­m i t t e e a p p o i n t e d ' t o i n v e s t i g a t e . T h e or­d i n a n c e is b e i n g f r amed by F i r e M a r s h a l Char l e s R inge r .

T h e o r d i n a n c e would compel a l l oil c o m ­p a n i e s to r e m o v e t h e i r t a n k s to a safe d i s t a n c e f rom bu i ld ings a n d wou ld no t p e r m i t a flame in t h e t a n k bui ld ing . S toves will no t be a l lowed a n d t h e eng ines u s e d for p u m p i n g t h e oils will h a v e to be suppl ied w i t h s t e a m from boi lers a t a safe d i s t a n c e . T a n k r o o m s will a l so h a v e t o be p rope r ly v e n t i l a t e d so t h a t g a s e s will be carr ied 'on*. -

I t is p roposed t o i n s e r t a c l ause r e g u ­l a t i ng t h e h a n d l i n g of oil b y r e t a i l e r s . U n ­de r t h e - p r e s e n t o r d i n a n c e a d e a l e r is a l lowed' r tp k e e p four b a r r e l s of gaso lene in h i s cellar . T h e n e w o r d i n a n c e will l imi t t h e a m o u n t to one ba r r e l . B a r r e l s on t a p will h a v e to be k e p t ou t s ide of t h e bu i ld ing . - , •

ItV is u n d e r s t o o d t h a t a l l • t h e oil- com­p a n i e s in t h e c i ty excep t one a r e in favor of t h e o r d i n a n c e . T h i s c o m p a n y would be compel led t o m a k e severa l changed if t h e o r d i n a n c e passed." .

Stoves Stored and Repaired. Gas and Gasoline Stoves Cleaned and Repaired.

We call for them, clean thoroughly and set them up when wanted. We have expert men

who understand the business.

The Only Exclusive Stove House in the Northwest.

Great westernsiove eepairco T.C . 1 6 1 . 312 HENNEPIN AVE. N.W. 1 6 1 .

BURGLARS PUT TO FLIGHT

M. . . . . . . .- National KooCng and: Cornice company, appel

lant, vs. O. H. Olson, respondent. Whenever there is a conflict in the testimony,

of witnesses relevant to the issue, evidence of collateral facta, which have a direct tendency to show that the statements of the witnesses on. one side of the Issue are more reasonable and therefore more credible, than those on the oppo-' site side, is admissible. Bule applied, and held that the.trial judge did notr err fn his rulings as to the admission of the evidence.

Order-affirmed. >p)|i'"''ifijSSg—Start, C..J. ->

Grav Cloud Land company, appellant, vs. Odin G. Clay ct al..' defendants; Odin G. Clay et al.. respondents, and Security Trust company et al.. respondents. Plaintiff, a corporation, authorized Us presi­

dent, one Olay, to sell and dispose of Us land on such terms as he should deem reasonable. For the purpose of acquiring title to such' land and

They Were About Ready to Blow Boyey-De Laittre Safe.

A de l ibe ra te ly p l anned a t t e m p t to rob t h e safe in t h e l u m b e r office of t h e Bovey-D e L a i t t r e l u m b e r c o m p a n y a t 1/2S9 T h i r d s t r e e t .S,. w a s f r u s t r a t e d ea r ly t h i s m o r n ­ing. T h e officer on ; t h e b e a t f r igh tened t h e b u r g l a r s a w a y . T h e y h a d k n o c k e d t h e k n o b off t h e safe a n d w e r e a b o u t r e a d y to p o u r in t h e nitroglycerin" w h e n t hey w e r e compel led to flee, l eav ing the i r tools , beh ind . >

A n e x a m i n a t i o n of t h e p lace showed t h a t t h e m e n h a d g a i n e d a n e n t r a n c e t o t h e bu i ld ing by u s i n g a ske le ton key . T h e s l e d g e - h a m m e r , u s e d in k n o c k i n g off t h e k n o b of t h e safe , w a s s to len from a b l a c k ­s m i t h shop a t 301 T h i r t e e n t h a v e n u e S, W e d n e s d a y n igh t .

IVES'ICE CREAM ^ SPECIAL BRICK FOR SUNDAY DESSERT.

Maple, Raspberry •••'( One ORg% Two #M1#» and Vanila . . , 1 q u a r t O T C quarts O U G

Kmgulac Prion, 40o Pee Qumel. City and Country Order* Promptly Filled, Orders Delivered Sunday,

IVES ICE CREAM CO. Telephones: N. W „ E 312. T. C:. 6194.

213^215 Second Ave. South East.

A N ASSISTANT PASTOR

E. D. El lenwood of Ch icago , Will Come ^ ;;JV t o t h e C h u r c h o f - t he Re- ,.

.4'wt". d e e m e r . E. D. E l l enwood of Chicago , will come

to t h e C h u r c h of t h e R e d e e m e r a s a s ­s i s t a n t pas to r . F o r a y e a r or m o r e a specia l c o m m i t t e e of t h e - c h u r c h h a s been u p o n the. lookout , b u t - i t is folt t h a t t h e s e a r c h is n o w successfu l ly ended . Mr. E l l enwood : s p e n t E a s i e r w e e k w i t h t h e c h u r c h a n d m a d e . rnahy f r iends . Whi l e p u r s u i n g spec ia l s tud ie s , in t h e U n i v e r s i t y of Ch icago f9r s o h t e . y e a r s , Mrs E l l e n ­wood h a s a l so ;beeh e n g a g e d in a c t i v e c h u r c h work , especia l ly in S u n d a y school a n d a m o n g t h e yOung people. My. E l len­wood beg ins h i s w o r k a t once , t l i e will be-i)resettt-bn'"Sontlay--morfting> K".c,t"f<Ly

TO ASSIST IN-

HOUSE CLEANING Our Second Floor is wel l stocked w i th everything necessary for effectual house cleaning. You can depend on the qual­i ty of w h a t y o u parchase here. Brooms—A fine, well-made broom, 2 5 c ; others

up to 5 0 c . Floor Brushes—"The World's Ctaly

Dustless"; "prices ranging from ; $ 1 . 2 5 to $ 5 . k Send for circular. Carpet Sweepers-The "Bisselis";

price, $ 2 . 2 5 to $ 3 . 5 0 . Carpet Whippers—Made of bBst. . steel wire; will not injure car­

pet— 2 5 c . " _ * ti -Scrub Brushes—All sizes and

^shapes, best fiber brushes, 1 5 c and 2 0 c

Window Brushes—Fine grade of bristles, wire fastened, 4 5 c , 5 0 c

*, and $1.00. J ' hops and Hop Sticks— 1 0 c up. y. „

Window Rubbers—Mafees window cleaning easier and better, 2 5 c and 3 0 c .

Wool Brushes—Nice and soft, made especially for dusting, walls and hardwood floorst extension han­dles, complete, 9 0 c .

Step Ladders—Handy for the places "just out of reach'*; light, but strong; 4-foot, 6 0 c , etc.

Tacks and Tack Hammers, nails, staples and screws, for carpets, matting, etc. ' v

Pails—Wood, tin and galvanized iron; good-sized galvanized'iron pail, 3 0 c . ' . Vm ^

• -- -- •'• 1" • --'-M

-^ W. K. MORISON & CO. " ^ H a r d w a r e , Cutlery, riechanlcs' Toots, Stoves, Kltchenware, Etc.

247-249 HICOLLET AV., MINNEAPOLIS. Agents Sherwln Wi Hams Pain ts .

Mk -.Li