CITY.. REPLY 00NR0Y0WESCITY$885 JURY...

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CITY..NEWS"Just the thing." Those ladies' watches

at Denel's, 25 E. 7th St.

The remains of the Rev. Arthur Fors-man, who died Nov. 29 in Minneapolis,will be buried in Union cemetery thisafternoon at 1 o'clock.

The Madison school holds its first meet-ing of the season at the school this even-ing. B. Zimmermann, president of theechoo! board, will deliver an address.

Th? regular monthly meeting of theAnti-A'accination Society of St. Paul will"'be held this evening at Central hall, Sixthand West Seventh streets, at 8 o'clock.

Xext spring the contractors will beasked to resurface Seventh, Third andWabasha streets. An examination showsthat these three thoroughfares will notstand further repairing.

For the first time this winter the ther-mometer yesterday morning took a dip

below zero. At 9 o'clock the temperature\u25a0was .lust —1. The local forecast officialpredicts much milder weather for today.

Last month the health itepartment In-spected 2,460 back yards, ordered 1,074nuisances abated, and cleaned up 849lots. In addition to tliis, S7 quarantineswere established, 142 quarantines re-leased, inspected 1,712 animals for tracesof glanders, and condemned 2,560 poundsof meat and poultry.

The engineer's license formerly held byGust An-.ierson, who was employed at aflat building on East Seventh street, hasbeen revoked. It is charged that Ander-son had been drinking and had been ab-sent from his post for three days.

Members of the teaching staffs of theGorman. McClellan, Smith and Whittierschools will meet this evening at the lastramed institution, and an impromptu pro-gramme will be rendered. Supt. Levistonwill preside.

Articles of incorporation were filed atthe office of the secretary of state yes-terday by the Minnesota Malitng com-pany, Red Wing, capital stock $150,000;Red Wing Sewer Pipe company, capitalstock $5C0,000; Kildall Fish company, Min-neapolis, capital stock $100,000.

High class portraits in oil or pastel,fron; life or photos, by Werner Schulz, 15East Third street, St. Paul, Minn.

AROUND THE HOTELS.At the Merchants—D. M. Sabin, Duluth;

James Cardie, Cass Lake; William Hay-v/f-.rd, Spirit Lake; P. J. Kiernan, Owa-tor.na; W. L. Richards, Dickinson; H.B. Coon, Duluth; Mrs. B. D. Strong,Jamestown; W. M. Pye, Bismarck; T. H.Hoick, Mankato; Mrs.»S. M. Cheney, Ap-pleton; D. W. Kellogg, Duluth; WilliamMcLaughlin, Fergus Palls; James Lynch,Cherokee; Miss S. M. Close. Appleton.

At the Ryan—T. R. Leslie, Duluth;11. T. Dill, Prescott.

At the Windsor—C. Hamilton, Britton;J. L. Wolff, Odessa; Mrs. J. C. Boehm,St. Cloud; S. M. Wrenn, Duluth; R. E.Thompson, Preston; Mrs. Blanche Con-grove, Owatenna.

At the Metropolitan—J. H. Roberts, Lit-tle Falls, Minn.; P. Hagen, Northfield,Minn.; D. B. Staples and wife, Lake-wood; H. J. Rosenberger, St. Cloud,Minn.: A. Frankc, St. Cloud, Minn.

At the Foley—W. A. Wilkins, Herman;J. O. Wright, Fort Worth; J. A. Mur-phy, West Superior; Heber McHugh,West Superior; Chris Avery, NorthBranch.

At the Clarendon—Edmund P. Niell,Red Wing, Minn.; W. F. Conley, Sher-Iburn, Minn.; W. L. Safford, Elroy, Minn.;H. Donaldson, Lakeville. Minn.; G. W.Betz, Lakeville, Minn.; W. P. Finnegan,Barnesville, Minn.; Aug. Gayer. Mabel,Minn.; H. Gag B. HelkT, N* Dim,Minn.; H. H. Cassady, Waterloo, Minn.;L. Richards and wife, Anoka, Minn.; WE. Bouschor, Red Wing. Minn.; JamesKelly- Duluth, Minn^

Mrs. Alice M. Cullen, wife of the lateJames Cullen, a prominent contractor ofthis city for many years, died at herhome, Jl3 Cherokee avenue, late Tues-day evening, of heart failure. Mrs. Cul-len lived in St. Paul over forty years,and is survived by four children J. J.Cullen, James Cullen, Mrs. James Willrlams and John Moore. The funeral willtake place Friday morning from St.Michael's church, West Side.

Death Came Suddenly.

It will pay you to buy pictures orframes direct from the Art Publishersand Frame Manufacturers, 13-15 EastThird street.

The case of Edward McAllister and Pe-ter Murphy, exrhotel runner, charged

\u25a0with disorderly conduct, was on beforeJudge Hine in the police court yesterday.All of the witnesses except one were ex-amined, and the case will be decided to-morrow afternoon. The two men en-gaged in an altercation a few days ago,which resulted in a fight, and both ap-peared in court to have their troublessettled. An old charge of disorderlyconduct is also lodged against Murphy.

Disyntc Led to a Fight.

TO CURE A COLD IN OSE DAYTake Laxative Bromo Quinine TabletsAll druggists refund mouey if it fails tocure. D. W. Grove's sisirature is on eachbox. 25c.

Liberal Apple Sale\u25a0"_ A large, shipment of fine yellow Bell.Flower. Apples from Watsonville,: Cali-fornia. These are not a large apple, noryet a very small one. They are goodsize, full of life'and cider. Splendid bak-ers; splendid table apple; an all-aroundchoice family apple. ~ Boxes hold morethan • a bushel basket. .: Every applewrapped in paper. ";

Our price, per box,*\u25a0 only, : :.;.-. --'_;•\u25a0\u25a0 '.'\u25a0 V , -.•"...•.-•'

$1.29- .. We will ship these; to our out-of-town

trade on receipt of the money.

OH Pni>nrle> Best Granulated $1 f\f\ZU.ruUliUO-Snsarfor ;••.:...... JphUUWe will not bother to sell. sugar at this

. price unless other goods are \u25a0 purchased.

Phori'isG Full pint jars black or white : -" OflftUiClliSO Cherries, solid fruit, aach...... AUuyalphoe Parlor Matches, ' -" . Qft. mdlßllßS per d0zen........................ 3GD!ft n Four pounds finc quality >;''\u25a0; >~=LOCft vnibO new Japan Rice ..... ZUURqC MaPitlae A splendid line of th» test InUQd IfldilIISO America at lower prices thinWy"?."'; \u25a0>-\u25a0;'"..'_"- anywhere elss.. - \u0084.-/. .;

' DsrlichoC I-arge- bunches containing about 30nClilCliCd fresh, round, crisp radishes, C A-\u0084 ••.;-; .-\u25a0 -.-buAch....•...........:....... ...:„ Ju

- Fancy Creamery K^d \u0084...... 25c. ; udloUp Tomato C^tsu?..;..:.: ....... lUO

. Pure Buckwheat S n:poundUe3.... 33cJohnson's Cider n?is^. johnson%

; * ;^ per ga110n:....".:.. ...;UUb;

Cranberries 85STS:*S V:. ...; 256.'., Drfl«trf • Fresh fromour own ovens;.' : \u25a0 .01 ft "

DlCCll per leaf..:. ..... ..;...;.„........ .:Z2l» 7

F. R. YERXI & CO.i': SEVENTH AND CEDAR STREETS.

REPLY TO VAN SANTTEXT OF COMMUNICATIONS FROM

FOl'B OP THE GOVERNORSWRITTEN TO

GREEK IS NOT ENTHUSIASTIC

Oregon's Exeetitive Wot Qnite Sore

That Consolidation of Roads laAgainst Interests of

the People.

The communications which have thusfar been received by Gov. Van Sant, inresponse to his letters to the governorsof other Western states on the subject ofthe railroad merger were yesterday madepublic. Some of these The Globe hasalready printed. Gov. T. T. Greer, ofOregon, discusses the situation in thatstate fully. The complete text of his let-ter is as follows:

Hon. S. R. Van Sant, Governor ofMinnesota, St. Paul, Minn.—Dear Sir:The tendency toward the consolidation ofrailway companies and the combinationof capital in all other directions, is oneof the features of the times, and whetherit is an impending- danger to the best inrterests of the people is really yet to beseen. It may not be. In Oregon wehave no law on the subject whatever.We even have no railroad commission,nor any substitute for one. We haveno law relating to freight rates a rail-road company may charge, nor any

means of redVess if their charges shouldbo excessive. We have a state lawlimiting passenger rates to four centsper mile, but the O. R. & N. and the N.P. R. R. last year voluntarily reducedtheir rates to three cents. The fact is,the two principal railroad companies inour state, the Oregon Railway & Naviga-tion and the Southern Pacific, are reallymaking comendable efforts towyard. thedevelopment of "their respective territo-ries, and have become a positive help toour people in that way. Our people seemvery well satisfied with the present con-dition, for although in two successivemessages to the legislature I have calledthe attention of that body to the anoma-lous condition existing, as to the controlof our railroads, no sofious effort hasbeen made to change it, and I think nonewspaper in this state has ever madeany special complaint as to this unusualcondition of affairs. With the exceptionof a few instances, where unjust discrim-inations in the matter of freight rateshave been reported, the railroad situationin Oregon seems to be very satisfactory.

Unless the consolidation of railwaycompanies should be followed by increas-ing freight or passenger rates, it wouldbe difficult to see where the objection

would lie. Ifthis result should follow, itis a matter within the power of the statelegislatures to control. It may provean easier matter to regulate rates thanto prevent the consolidation.

However, you are to be commended onyour effort to enforce the law of yourstate on this question, and In any contestinvolving the interests of the people onthe one hand, and those of combinedcapital on the other, the people, beingsupreme in this country, have at all timestheir remedy in their own hands. If theconsolidation to which you refer is con-trary to your state law, then it shouldbe prevented if possible. No questionin this country, either present of fu-ture, is paramount to the one preservingunquestioned the best interests of thosewho are known as the common people,and the first duty of public servantsis to guard them jealously wheneverthe danger may come within .their juris-diction.I should certainly favor holding such

a conference as you suggest, but couldnot attend it unless held on this coast,which would, perhaps, not be feasible.

Very respectfully yours—T. T. Geer, Governor.

Gov. Hunt, of Idaho, says:"I have received your letter of the 22d

presenting your conclusions in regard tothe formation of the Northern SecuritiesCompany of New Jersey, the purposeof which ia to take over the managementana control of the Great Northern,Northern Pacific and Chicago, Burlington& Quincy railroads, and inviting the co-operation of this and other states affect-ed, to assist you in preventing such con-solidation.

Situation in Idaho.

"I agree with your views as to thedanger this monstrous corporation willbe to the commercial interests of all theterritory through which these lines maypass without competition, but I regretto say, and I think that sentiment isshared generally by the people of thisstate, that Idaho has no constitutionalprovision or legislative statute that canbe used to prevent the consolidation ofone or more corporations of- this kind.

"The importance of this matter is sogreat that I have given it much thoughtand investigation and am able to clearlyreply that this state cannot, in the ab-sence of law, give material aid to assistyou in prosecuting an illegal combinationunder the laws of Minnesota.

"But I am able to state this ques-tion will be the subject of action by ournext legislature, and that you have themoral support and sympathy of the peo-ple of this state who will pray God tostrengthen your hands and give you cour-age and pea-severance in your great fightin the cause of the people.

—"F. W. Hunt, Governor.Herried Is Interested.

The letter from Gov. C. N. Herried, ofSouth Dakota, is in part as follows:

"As one of said railroads has no mile-age in this state whatever, and the othertwo of said railways have a very limitedmileage, and even if consolidated as sug-gested would be In competition with thegreat railways that are traversing thisstate and doing the transportation busi-ness of our people, our interest is large,ly speculative and problematical and notas direct and immediate as that of Min-nesota and the otfier states throughwhich these railways run and whose bus-iness is practically monopolized by thasaid transportation companies.

"The problem presented is one of stu-pendous importance. The sentiment ofthe people is with you in your efforts tolegally and clearly establish the relationsbetween a corporation like the one afore-said, and the state. With congress insession, you should and no doubt will, re-ceive the earnest co-operation of the rep-resentatives o>f the people. I shall givethis matter the most careful investiga-tion and consideration and shall considerit a favor to be advised of the results ofyour investigation. "Whatever I can dotowards the correct solution of the prob-lems aforesaid, I assure you shall bedone most earnestly and cheerfully.

—"Charles M. Herried, Governor."

Gov. Frank "White of North Dakota,says:

"I agree with you that the situation isof great moment to the business interestsand general welfare of the entire North-west. I feel that the people of our stateaxe in sympathy with you in tae ef/0.-tyou are rmaking to prevent this consoli-dation. We have very little law bearingdirectly upon the question. In our con-stitution the consolidation of parallel andcompeting lines is specifically pronitv#sdand we have some general enactmentsprohibiting the formation of trusts andpools for the purpose of hampering tradeand commerce.

"It would give me great pleasure tomeet with you and the governors of oth-er states affected by this combination toconfer in regard to it at any time orplace that may be convenient. I willwrite you more at length when I havegiven the matter more extended consid-eration.

—"Frank "White, Governor."

Quest ion; Is . Imports

HAKPJS TO BE TRIED TODAY.

! _The case of J. D. r

Harris, » deputy banki examiner, arrested some time ago on the

charge of being drunk, was called in thepolice court yesterday afternoon, but the

; defendant -, did 'L-not appear, and \ian '2 at-\u25a0 tachment was; issued for his appearance.Officer Gibbons was sent after the 1 miss-ing man ' and on arrivingTat"; the publicexaminer's office "he was « Informed \ thatHarris was in Minneapolis. P. M. Kerstaccompanied Officer Gibbons to ' the courtand" informed Judge 1 Hine that he would,

\u25a0guarantee Mr. Harris' appearance \u25a0In thepolice court at 2 this afternoon. r- -

-*^~_

Go to Matchinson Via Great -North-ern.

When you Ifgo >to Hutchfnson -be suretorpurchase your ticket •-via \thei Great

\u25a0 Northern. Leaves Union depot,- St. Paul.4:40 •p. m.Vdaily except Sunday, X : •--..

When Case Was Called Yesterday

He Could Not Be Found.

-\u25a0.-i">- ii^-j.-^.—r .v ,'\u25a0•- -:\u25a0\u25a0*:*.•-*..-\u25a0..\u25a0\u25a0i~ .:..- ..-.r-vi.':-_:.-:ij-/.it;-7..,

00NR0Y0WESCITY$885EX AMIXEII POPE MAKES t PUBLICiv£fe;RESULT OF INVESTIGATION

:He : Intimates That -Some | Additional": Surprises Might Result From" a jj{

«' - ?- Farther Investigation -.' ~.V'- ;

* '\u25a0 - of Records. - "" •

.:Thomas F. ;:Conroy, 'jlate clerk "of themunicipal court, is | indebted ito the cityof5, St. Paul fin ithe:; suit of a$885. Thisamount :represents i fines collected r for vio-lations \u25a0 of *the state *dairy and 1food\ laws,

1and according to | State iBank ?ExaminerPope, is *being wrongfully withheld fromthe ; state. Briefly, Mr. Conroy ?is iTshortthat much in his ;accounts ;as :clerk. :-"'":'v;A report to ' this effect'was \filed;yester-day with Mayor ;'Smith, ;{and r.willIbe by

i him transferred to ;. the council, which will •

I act in the premises; The investigation

! was made? by Assistant tExaminer Eck-\u25a0 man, ; who, in: his report, significantly re-: marks : that •if the accounts pertaining ?toi collections"of ;fines ; for violations of ", thestate:game.; and \ fish laws >- were investi-gated more surprises might be unearthed.

Asishowing;; how ;: Mr. Conroy ; did; busi--ness, :r Mr.y Eckman cites san %instance inwhich ia party named Joseph ;;Stacy wasfined $50, for a violation of the pure foodlaws :in August, ; 1900. iMr. Stacy paid the

:fine by :giving Conroy a check on Bannon& Co. ilt was made • out to ; Conroy, and,according to ; the canceled check, now in;

the possession of Mr. Bannon, was cashedat ' the bank by Conroy. :--"'.• :.- ; \u25a0 -

-f' copy iof the report has; also been filedwith \u25a0 Gov. Van Sant, ; who, it is expected,will order a complete examination of 'thebooks pertaining to state '-. violations. \u25a0 ;

QUESTION OF $ I GASASSEMBLY LIKELY TO DEMAND

THAT RATE BE MADEGENERAL

GAS COMPANY WON'T CONCEDE

Intimated .That Lighting Concern IsHolding Out $1 Proposition us a

.- * Teaser to Gain Further .Concessions.

-v- " \u25a0 '-\u25a0 \u25a0. '-;; v\u25a0 ..\u25a0 \u25a0 .. "\u25a0

\u25a0 - \u25a0\u25a0 ' \u25a0 - \u25a0-.'.\u25a0. \u25a0 - - — \u25a0 '\u25a0\u25a0 \u25a0\u25a0 -~-

The offer of : the St. Paul IGas Lightcompany to furnish the 1cityJ with gas ;at$1 per jthousand -feet, .meter; measure, re-ceived at the meeting of the board of al-dermen Tuesday \u25a0• evening, was the r prin-cipal topic of conversation among city of-ficials yesterday, : \u25a0.; .:„-;/,•-"\u25a0' > '

:."Some carried; the matter to the legal de-"partment, and, it would not be'surprisingifa carefully worded resolution, demand-Ing that the price be made general, was.introduced at the meeting of the assembly,this evening. : ;^. -V- '\u25a0'\u25a0 \u25a0'\u25a0 '\u25a0\u25a0\u25a0'\u25a0- - :'_'\u25a0\u25a0 \u25a0.;-' '•

\u25a0

: Whilef evidently aware of the , step theywere taking, the officials ;of the gas com-pany say [ they :have ,no iintention.' of| re-ducing the price to the public at large be-

: low $1.30: net. . The '- reason a -figure :of $1'. per thousand :is given the "city, they \u25a0 say, :is because it is a large consumer. Presi-dent ILathrop | contends that '; if the ; gasused |in street | lamps was |measured, r: it'would". be shown ;that | the city| has ? beensecuring a rate better than $1. \u0084 ...

A;year ago when trouble was experi-enced :" in "securing what :' the ; t councilthought was a reasonable bid for electricand gas , lighting,": the § legal , departmentgave ; its opinion that a lower \ price couldbe forced, if the price " was considered un-reasonable. \u0084 It was held that the courtswould uphold such proceedings if theywere in reason. . ,-;\u25a0 :- -i ':•. • -'; <i•>,-,-'. \u25a0;\u25a0•: '\u25a0;'\u25a0;-*. >v While \u25a0\u25a0\u25a0 the gas company disputes thecontention, the legal department long

held - that the Ifranchises of both the Edi-son and Gas iLight companies will expirein 1907, and Tuesday night's \u25a0 marked drop,

it is ]said, |is , only preliminary to:an offer: that will%be jmade the city, ere : long, inreturn : for an " assurance of\ undisturbed

'possession "of\u25a0 the ;streets and: alleys. \u25a0.v. "[':"\u25a0V ,'..''_' '" \u25a0*\u25a0 \"_.~ " .' --"'f- 1' '*'

LADIES. IRead the '.- V-shaped \u25a0•:'• board on •; Sixth

street, between Minnesota and Cedar. -\u0084

IN HONOR OF DAVISNEW FIFTH WARD SCHOOL, TO BE

NAMED AFTER LATESEXATCR

GOOD NEWS FOR SMALL BOYS

Board Votett to Have Two Weeks'

Vacation at Christinas Time-Schools to Close

June 13.

The new Fifth ward school will benamed in honor of Cushman K. Davis,and will bear his full name. That hasbeen practically decide^, authough de-cisive action has not yet been taken, asthe plans for the bunding have not evenbeen completed. President Zimmermannhas been strongly desirous that thereshould, at the earliest opportunity, be aschool named in memory of the late Sen-ator Davis, and last night he announcedthat the board was agreed upon thatpoint. A. F. Gauger, architect of theFifth ward school, submitted his prelim-inary sketches of the plans last evening.

The board, by resolution, determinedthat the Christmas vacation of theschools shall be two weeks In length;that the customary spring vacation beemitted, with the exception of Good Fri-day, and that the schools • close for thesummer vacation on June 13. The reso-lution was promptly passed by unani-mous vote, when it was announced thatthe arrangement would save 100 tons ofcoal.

Secretary Healy submitted the cus-tomary financial statement, which show-ed that there should be a balance of $312,---211.90 in the teachers' salaries account, abalance of $383,284.99 in the school main-tenance account, and a balance of $159,---3J6.03 in the new building fund.

The board received an invitation to areception to be* given at the Ryan hotelon the evening of Dec. 27 by the Minne-sota Educational association.

On recommendation of the committeeon engineers and janitors, the followingappointments were made:

W. Fearing for night fireman Centralhigh school, vice George Wells, resigned;S. Cookman, engineer of the Franklinschool during the absence ct Mr. Pondby reason of illness; A. H. Wareham asjanitor of the Franklin school, viceMr. Cookman, appointed temporary en-gineer; Mr. Cookman to resume his po-sition as janitor upon the return of Mr.Pond; P. Vadnais as fireman at theJefferson school, vice M. Weissman, re-signed.

Following is the superintendent's sta-tistical report of attendance for theschool month of November, 1901:Whole number enrolled 22,955Average number enrolled for the

month 21,520Average daily attendance 20,833Whole number admitted 23.451New admissions for the month .... -135

Luiemlinrgcr Newspaper in St. Paul.

A new Oerman publication la appear-ing in St. Paul, published by the Luxem-burgj-American Publishing company, andedited by Fr. Martin, also associate edi-tor of the Volkszeitung. The new paperla entitled "Aus Hemecht" (Our Home),and is independent in politics. The mainobject of the publication is to look afterthe interests of L.uxemburger citizens inelections, and was started especially forthe coming elections. The Luxemburg

ger population in the state of Minnesotanumbers about 15,000.

GOES TO JURY TODAYboth sides rested yesterday

afternoon ih bourne's\u25a0•;:-r se&o'nd TRIALT" '"- '

- - ' y£-. F, \u25a0 -A ' •\u25a0': \u25a0'": -DEFENSE OFFERS NO EVIDENCE

<> \u25a0 Jin

Defendant's Attorneys Follow ," Pro-;*-:.\u25a0cedure In former Trial; and .'.. ;

tail Xo Witnesses in

?\u25a0>'-- Their Behalf. • -

The stake's- attorney and Walter B.Bourne's Attorneys will this morning pre-sent their respective cases to the jurythat was chosen, to try Bourne on hissecond trial on ..an indictment of ijrandlarceny in the first degiee.

The state rested yesterday afternoonshortly txtfora 5* o'clock, and the attor-reys for the -defense announced that theyrested also. The usual motions were ma'Jeand taken under advisement by thebench, and probably before tonight Wal-ter F. Bourne will know whether or nothe is to have ten years mors attachedto the five that he has already receivedat the hands .of Judge Bunn.

The state introduced a number of wit-nesses yesterday whose testimony was ofa technical nature, and necessarily unin-teresting, but in spite of this the courtroom has been crowded throughout thetrial. There fiave been rumors to the ef-tect that if Bourne went on the standsomething sensational in regard to themethods of the auditor's office would hedivulged, but all these have been headedoff by the action of the defense.

At the morning session the exoamina-tion of County Auditor Johnson was re-sumed. His testimony was along thesame lines as that of the day before, andwas freely interspersed by the sharp,short objections that fell from the lips ofAttorney Bowe for the defense. In near-ly every case the court ruled in favor ofthe state.

Identifies Bonnie's Writing.

James Drummond, the present deputyauditor, was the next witness called, andhe testified to the handwriting and signa-ture of Bourne in the matter of the Man-nering refunding order. He proved thorecords of his office, as testified to by

Auditor Johnson, and his testimony wasalmost entirely corroborative.

Charles Mobery^of the register of deedsoffice, was .called and identified records,books, etc.. E. P. Sandborn, at presentowner of some' of the tax certificates inquestion, testified'as to the ownership ofthem, and Benjamin J. Shipman, of theGerman-American National bank, testi-fied to transacting certain business withBourne.

Miss Hannah Meyer, of the treasurer'soffice, gave substantially the same testi-mony as in the former trial, except thatit was in reference to the Mannering or-ders.

v: Jacob Simmer, William : Cauly, H. M.Nevin, «B. Lewis, W. H. Lightner,Henry VoncVrweyer. - S." G. Iverson, A.JC.Anderson, Edward; G. Conmack and Ed-ward Allen were the other witnesses call-ed by: the' st&te. > They are attorneys, busi-ness men arid bankers • that are interested!in or ; have ;had dealings concerning thecertificates in question. ." S: : - \u25a0

li; The : efforts .of the state to ? locate Will-. iam Mannering or E. J. Trowbridge, who•also figure iri '.; some of ; the certificates,have been of no avail, and the presump-

i tion is that they are straw men, created: for the occasion. ri :. ; i^"rr'' "-;-','r The exact amount of money that Bourneobtained on the seven certificates in ques-

; tion • is $7,3£2.48, ;. which " amount |he receivedin the form of a check . from the StateSavings Ibank, in payment of jthe refund-ment orders which "the bank purchased.

. J, FELL DOWS STAIRS.'|;--,\u25a0\u25a0.;-;\u25a0•\u25a0\u25a0:•. s«-*r-f^*:.:vJ.,^i^i_c. --'-\u25a0\u25a0\u25a0.\u25a0-;•'\u25a0;"\u25a0\u25a0\u25a0 ;_- .Mrs. Walsh/ifrantft Landlora to Pay

| i4^'i^t^i<'f".'Ji^r:s!£,7sO.\u25a0'-•\u25a0• --:~- '

; *' Judge Jaggard was yesterday engagedlin trying the case .brought by Lizzie

; Walsh! against Alexander \u0084 Cathcart. & Mrs.Walsh "j states that - she - rented : a"; house

! from the defendant, arid that a -certainflight of . steps\u25a0 in the house' was in}such

! a condition as to . break- and > throw herheavily to the floor below. -'She: claims to

i have sustained 1 serious injuries, and asks; damages sto > the amount -of $2,750. f-: Mrs.Walsh had •• a lease on -the iproperty, -andher \u25a0; attorneys 6 declare ; that. the -landlordshould be held responsible for the ; condi-tion of . the building. A jury will decide[the case.'.the,evidence in which will prob-

; ably be completed today. - t

-'-^^CITY NOT LIABLE.

Judge Kelly Dismisses the Dorgan

.Damage Suit.

Judge Kelly yesterday dismissed thecase of James F. Dorgan, a minor,against the city of St. Paul upon the mo-tion of defendant. Young Dorgan wasinjured in his home at 221 South Wa-basha street, on' May 31 of this year bya boulder that crashed through the roofand fell upoii hitn, injuring him so thathe is deprived of the use of one leg andarm. The city was engaged, through con-tractors, in filling up ground on ProspectTerrace, and white dumping dirt andstones there* .one- of the large stonearolled down the bluff.

The court held .that the contractor per-forming the: work is the party who isliable, and a suit will probably bebrought against him. Young Dorgan,through his guardian ad litem, John Dor-gan, asked for $20,000.

(Jermania Bank Dividend.

The third repoVt of Gustav Willius, asreceiver of the defunct Germania bank,wag filed in the district court yesterday.The receiver will ask that he be allowedto declare a dividend of 25 per cent inaddition to the 15 per cent that has al-ready been paid. Willius also announcedhis intention of commencing suits to re-cover on stockholders' liability.

Divorce for Desertion.

Marie A. Davis has commenced an ac-tion "for a divorce against her husband,Edwin S. The couple were married inJune, 1900, and in July of the same year,the plaintiff alleges, the defendant de-serted her, and has since failed to pro-vide for her support. Plaln'tlff ia thir-ty-five years of age and the defendantforty-one.

Judge Brill heard and took under ad-visment yesterday the objection of C. E.Dickerman to paying taxes for 1899 on apiece of property in Custer street. Theobjector holds that a portion of the landassessed lies in the street, and he objectsto paying taxes on property supposed tobe a public highway.

Objects- to Paying Taxes.

Judge Otis was engaged yesterday inhearing the suit brought-by Adolph Dol-anski against the Great Northern Rail-way company for damages for personalinjuries. He jdaims "he was pushed froma train on the defendant company's roadbetween St. Paul and Seattle and washurt so seriously that he was unable towork for six"mohths. He wants $5,000from the railroads treasury.

Wants $5,000 Damages.

Pleads> Guilty to Forgery.

Leonard Zeii*br'6sky, charged with for-gery in the sfe^ond degree, yesterday ap-peared befor6 J Judge Bunn and changedhis plea of not guilty to one of guilty.He is charged with passing a forgedcheck upon C. A* Pearson, the amountof the check being $36.34. He will be sen.tenced later, i

Divorce., for Dueser.Judge Brill yestferday#ieard the suit for

a divorce brought -by Anthony J. Dueseragainst his wffe, Clara D., and directedfindings, for tie-plaintiff. The couplewere married in Itecember, 1891, and plain-iff alleged that in May, 1900, the defend,ant deserted him."

Northfield Merchant Bankrupt.

Jacob F. Fink, a merchant of North-field, yesterday filed a petition in bank-ruptcy. His liabilities amount to $12,441.82and his assets are valued at $247.90. Theliabilities are largely for goods purchasedfor his stock in' trade.

COURT NOTES.

William Fay, the bunco ; man who ; wassentenced |to set-ve S four years tat *Still-water »by Junge 5 Bunn, was | yesterday

taken to the prison by Sheriff Justus tobegin his term.

The petition of Mary B. Whitehornefor letters of administration In the es-tate of her husband, George A. White-home, has Ijeen filed. The estate isvalued at $2,500, in personal property,to which, the petitioner is heir.

Justice Baker was engaged yesterday inhearing the suit brought by Lennon &Gibbons to recover a balance of $103,said to be due on uniforms furnishedthe White Bear Republican club. ~J. X"King, a White Bear druggist and a mem-b3r of the club, is the defendant.

The St. Paul National bank yesterdayobtained judgment against Thomas A.Hunt for $100, claimed to be due on anote.

The suit brought by Ralph E. Judge,to collect for money alleged to be duefor wages, against P. A. May, F. B.Maple and H. C. Grayum, as co-partners,has been settled out of court and strick-en from the calendar.

Albert L. Winship, aged fifty-two, hasbegun a suit for divorce against GeorgiaA., aged fifty. The couple were marriedin 1873, and in April, 1895, according tothe complaint, Mrs. Winship left her hus-band, and has not lived with him since.There are two adult children.

Judge Lewis yesterday denied a motionof the city treasurer for judgment againstthe estate of Rose J. Gribbler, for abalance due on a sprinkling contract.Defendant claimed that the street had notbeen properly sprinkled, and refused topay the assessment.

MORE ROOM NEEDEDAMERICAS HOIST AND DERRICK

COMPANY PI<ANS IMPORTAXTEXTEXSIOXS

\u25a0————APPLICATION FOR A LEASE

Proposition Is to Build an Exten-sion on a Pier to Be

Placed In theRiver.

• The American Hoist and Derrick com-pany has made application to the citycouncil for a new lease which will in-crease its space on the West side of theriver. The business of the company hasincreased to an extent rendering it im-perative to secure more room. The leaseasked for will extend its property towardthe river about 200 feet, or to the firstpier of the Robert street bridge. Thisspace will be occupied by an extension ofthe shops.If the council grants the application

the company will begin, about Feb. 1, toextend the shops and make other im-provements which will cost $75,000. Theywill consist of an extension of 250 feet onthe north end of the erecting shop and 100feet extension to the foundry. This willbring the erecting shop out over the bankof the river. It is intended to fill in theriver for a few feet, but the north end ofthe shop will be upon a pier built in thestream.

The American Hoist and Derrick com-pany has one of the largest establish-ments of its kind in the country. Itwasorganized in 1882, with shops at Eighthand Robert streets. In 1886 it moved to itspresent location on the West side. Sincethat time it has gradually increasedits facilities, until it Is now necessary tohave still more space. Over 300 men areemployed and the pay roll amounts toseveral thousand dollars a month. SinceDec. 1, 1900, it has handled 9,277 tons offreight, or 416 carloads.

This company has the record of havingbuilt the largest locomotive crane everbuilt. It was made for use near Phila-delphia and has a lifting power of 40,000tons. It has also built two other locomo-tive cranes of large size. One of these isbeing used at Charleston, S. C, and theother at Mare Island, in the San Fran-cisco harbor.

The management of the company saysif it cannot get permission to enlarge itsshop room, by building out into the river,it will be necessary to seek another loca-tion. It is not wholly improbable thatopposition to the project may be encoun-tered from the government engineers incharee of the river.

LADIES.Reed the V-sfaaped board on Sixth

street, between Minnesota and Cedar.

WANTS MORE MONEYLIBRARY BOARD NOW HAS A

GRIEVANCE AGAINST CITYCOMPTROLLER

ONLY $4,000 FOR NEW BOOKS

Minneapolis Is More Liberal in Pro-Tiding for Needs of Library-

Handicapped by Debton Building.

While not Indulging in unduly severelanguage, the library board feels any-thing but kindly toward Comptroller Mc-Cardy for his unwarranted interferencein reducing the sum they asked to haveinserted in the budget for next year. Inorder to replenish some rather badly de-pleted shelves the board figured on about$9,000 for books, but when Mr. MeC&rdy

submitted hla figures to the conferencecommittee only $4,000 was inserted.

For the purpose of having these figurescorrected the board last evening appoint-ed three of its members to appear beforethe council when it takes up the budget.Through an accident in the make-up ofthe charter the board is not entitled torepresentation on the conference commit-tee, and because of this fact no one waspresent, and the- committee took it forgranted that the figures were all rightand passed them.

In behalf of their request, the boardwill show that St. Paul is far behindMinneapolis in the matter of liberality.

There $15,000 and over is often given forthe purchase of books alone each year.

The board last night debated long andearnestly as to the advisability of payingits old indebtedness immediately or usingthe mcney in increasing the size of thereading room. The council last year setaside $58,000 for the payment of the oldbuilding debt, but a portion of the moneywill not be available for some monthsyet. In order to wipe it out as quicklyas possible the board has been encroach-irg on its own private funds, but someof the members are opposed to this meth-od, and desire to wait until the moneybecomes available. It was decided topostpone ihe settlement of the queVtionuntil Mr. McCardy could be communi-cated with and the exact status of thefund ascertained.

The board last night set aside $2,200 forthe purchase of new books.

Schmatsbooer in Trouble.

Otto Schmatsbouer, of New Brighton,was before Judge Hine In the policecourt yesterday on the charge of sellingmeat without a license. He pleaded notguilty, and secured a continuance untilDec. 10. Schmatsbouer is the man wthohad trouble with Marshal Monty, of NewBrighton, some time ago.

CASTOR IA-- For Infants and" Children.

The Kind You Have Always BoughtBears the /jP^J/JSj+^U^

Signature of t£z&%4&&dt&£

LEFT TO M'CARDY.'J&VMpST: EXPLAIN TO TEACHERS

WHY FFIA SALARIES ARKJTOT FORTHCOMING

'. . \u25a0 , -.

: SCHOOL BOARD : NOT ADVISED

Telephone" Intimation That \u25a0 Fund -Is- 'J. Depleted ."Is •-. Hot .-'Accepted as •••-•"._-\u0084-.. Official—Declines to Make '

"'\u25a0•-'" \u25a0 Liv "C. Xevr Checks. - \u25a0

_4;J Communications .'.transmitted by -tele- -.rphone will not (be accepted by the jboardof ieducation las ;: official. That point was,

Idefinitely decided at the meeting of ilast,:evening; and at ' the same time ,it was ; in-

; cidentally determined iby the board ithatthe newspapers were T equally unofficial as Imeans of communication. Therefore, hay-

' ing heard "ifrom ? Comptroller . McCardy;; onlyjby telephone ; and .through " the ',hews-;papers :as f;to the :5 insufficiency ofi,. theischool fund to meet ; the \u25a0 demands of jthe jjNovember :pay roll, 7- the, board S takes the )ground t that jit has not Iheard 1 from him, Iand \u25a0 that even r if;it= had 'heardl"from him jwith '; all ; due ; observance of{formality, :- it!jwould not devolve jupon *itr,to Itake \u25a0 any J

;, further.; action. Infshort the position of;the board is, 1that inasmuch as the checks"for the payment of the p November pay

:roll were made • out 'in? proper j"form ? and:;;sent to ;*the »office of C the =• comptroller in •

* due season, the board -and ; its ; employes "

have done ; their duty, and Ithe ; questionof *the: payment of ' the checks rests \ be"-"*

tween those »to whom they are payable',and the city comptroller and; treasurer. v

'\u25a0'. Without \u25a0 any t formal Aintroduction" the'board entered upon a discussion of the

'pay ;iroll;: question, .progressing,: to \u25a0" thatfrom ; some \other Vmatter "of"; a financialcharacter. \u25a0 Some of the members weredisposed to ,take issue with \u25a0 Mr. 'McCardy.upon some of the statements \u25a0credited to

! him in an evening paper :of Tuesday. In-spector Walt . was.. particularly incensed

-at what she .considered \ Mr. McCardy:areadiness to ;proclaim *the school % board"

• in .the wrong, ; arid; to:say that \ the 'boardhad been, overdrawing its appropriations.He .was warming up . well to his subject,'and had already said a few caustic things"

]about f. Mr. McCardy having been -"sat'upon several times by the courts," when iPresident Zimmermann told him to cheerup, for it might not be true, as the only;authority for the belief * that . Mr. Mc-;Cardy ": had '-. made : any such statements \u25a0

,was an evening ." newspaper: which ~ was; not absolutely reliable. <?-?-.

Walt Until Howl Goes Up.Inspector Bassford, in his characteristic

direct way of putting things, said: "Myidea of it would be not to spend anymoney for anything except when theywill allow it to us, and then let the peo-ple howl. That will bring them to theirsenses." President Zimmermann said thaton behalf of the board he had spent con-siderable time with the conference com-mittee, and it had been suggested thatthere would be no trouble with lack offunds if the fiscal year of the school de-partment were made to conform to thatof all the other departments of the city.As bearing upon the question PrssidentZimmermann read a legal opinion of con-siderable length furnished to the boardby City Attorney Markham, in 1898, whenthe same plan was proposed. This opin-ion, which is exhaustive in its treatmentof the subject and quotes extensivelyfrom the law, is to the effect that thefiscal school year could not, either prac-tically or legally, be made to conform tothe fiscal year of the rest of the city de-partments, which is from Jan. 1 to Jan.1. He quotes the law to show that theboard is required to furnish to the coun-cil, on July 15, of each year, the numberof school employes for the precedingschool year, from Sept. 1 to July 1, andthe appointments and recommendationsas to salaries to be paid to school em-ployes for the ensuing year, from Sept. 1to July 1. This, he said, could not bedone if th3fiscal year of the schools wasmade from Jan. 1 to Dec. 31. He saidthere were other provisions of the schoollaw which showed that it was not in-tended that the fiscal school year shouldconform to that of the other departments.In closing he recommended that theboard should not attempt to make anychange in its fiscal year.

Some further discussion started as tothe statements in the published interviewwith Mr. McCardy, but President Zim-mermann cut them short by inquiring ifthere was any official communicationfrom McCardy to be presented to thigboard. Mr. Hoaly replied that he hadonly heard from Mr. McCardy by tele-phone and the president replied: "Tele-phone messages will not be accepted bythis board as official."

Mr. Healy reported he had asked theadvice of the city attorney as to makingnew checks for half of the respectiveamounts due, and had been advised toleave them as they were. President Zim-mermann said: "Mr. McCardy has thechecks, and I suppose that if there is notenough money in the city treasury to paythem they will be held until there isenough."

COMPTROLLER IS CALLERSECRETARY HEALY THIXKS M'CAR-

I>Y TALK!) TOO FREELY.

Secretary James Healy, of the board ofeducation, is quite Indignant at the un-warranted statement of Comptroller Mc-Cardy that statements of the board'sfinances, and everything pertaining tothem, is not supplied him as required bylaw and the charter.

"Every month," said Mr. Healy yester-day, "I take to Mr. McCardy's office per-sonally a statement. This is supplement-ed at the approach of the close of theyear by our annual statement, which Mr.McCardy, if he looks carefully, will findfor years back, incorporated in the pub-lished city reports.

"Mr. McCardy has been either mis-quoted, or else he has told a deliberatefalsehood. He knows better. If Mr. Mc-Cardy will live up to the terms of theCharter, instead of trying to compel oth-ers to do so, he will find that he will getalong better."

Mr. Healy was at the city hall yester-day, and presented to Mr. McCardy thereport, a copy of which was furnishedthe members of the school board at ltameeting last evening.

TOO BUSYTOSTARTSUITWHY COISTY ATTORNEY HAS NOT

PROSECUTED SOO ROAD.

Assistant County Attorney O'Neil yes-terday explained to tne board of county

commissioners yesterday the reason thalong pending suits against tine Soo line inconnection with grade crossings havenot been started.

He said pressure of business had beenso great in the county attorney's officethat it had been impossible to reach thembefore now.

They were set for the December cal-endar, but it was found that the criminaldocket was so heavy that they weretransferred to the January docket, and hefelt confident the fig-lit vrould be begun Inearnest at the opening of the Januaryterm of court.

The case of Bernard G. and Arthur W.Nelson, the children committed to thecounty jail by Judge Orr, was taken upby the board, and the matter referrredto the judge of probate, the board order-tag them 10 be committed to the statepublic school.

Officer Bingham, of the Owatonnaschool, reported that Harry Goffln, theyouth committed to that institution Oythe municipal court, was too bad a casefor that school to handle, and suggestedhis removal to Red Wing. The board will

I concur with the suggestion when thenecessary papers are presented.

SPECIAL «...:PianosI FOR CHRISTMAS.1- "We are: now offering the most ma?.. nificent \u25a0 stock; of -fine -Pianos Iever of-i fered \u25a0 for sale ' In .the ! City of.St. . Paul• The stock consists of the celebrated , "

WEBERI VOSE&SONS

KURTZMANNWESLEY

[ and. other pianos. Our prices are ai-ways the lowest. : ->'~;; New Uprights, and upwards.,i-:-Call and see our magnificent stock, iind get our prices. Or write to \u0084 \u25a0

1"• •iK.TM.SrPgtBR % MW47 3*fc^ {',V? ':::::. 5>T. PAUL,;MINN., .- "*;Qi-.'i ' • Largest Exclusive Piano Dealers \u25a0'1 ' in the Northwest.. ...:...'.'

BUILDERS'GOOD YEARST. PAtX EXCHANGE HOLDS ITS

FIRST AXNUAL MEET-IXG

REPORTS VERY ENCOURAGING

Gratifying Increase in Membership-Proposition to Establish Labor

Bnrean Likely to BeActed on Soon.

The first annual meeting of the St.Paul Builders' Exchange was held yes-terday, and officers were elected for theensuing year. The following werechosen: J. W. L. Corning, president; J.M. Carlson, first vice president; J. D.Donahue, second vice president; WilliamRhodes, treasurer, and A. V. Williams,secretary. Robert Sigel was elected ser-ge ant- at-arms.

The annual reports of the secretary andtreasurer were read, and both showedthe affairs of the exchange to be In ex-cellent condition. There is a large sur-plus in the treasury, and eighty newmembers have joined since the organiza,tion of the exchange, a year ago. The-total membership is at present 127, and itis growing every day.

The exchange was formed for the mu-tual benefit of contractors, builders'hardware men, brickmakers and dealers,and, in fact, all business men who areInterested in the building trade at all.The exchange is proving quite success-ful, accomplishing all that it was organ-ized for, and the fact that the member-ship is contsantly growing bespeaks theinterest that building people are takingin it.

The building of the past year was in-formally discussed at the meeting, andgreat satisfaction displayed In the largeincrease in business. The year has beena banner one, and there will have beenissued by Jan. 1 building permits t« theamount of $5,000,000.

While, by reason of this increase inbuilding, help has been unusually scarce,the local men have not experienced,

much difficulty in securing workmen.They have had to import them from out-side the city, but the lack of help haanot been exactly detrimental to buildinginterests. The work of securing buildingmaterial has been a graver problem forthe builders, and it is for this purpose,in part, that the exchange was organ-ized. '

There has been no move as yet in re-gard to establishing a labor bureau inconnection with the exchange, and it lanot anticipated that anything fp thisline will be done for some time. How-ever, the outlook for building activityfor the coming year is good, and it mayne necessary to establish a bureau ofthis kind.

It Means Ostracism. — Foul breathand disgusting discharges due to Catarrhmake thousands of people objects ofaversion. Hon. George James, of Scran-ton, Pa., says: "I have been a martyrto Catarrh for twenty years, constanthawking and dropping in the throat andpain in the head, very offensive breath.I tried Dr. Agnew's Catarrhal Powder.The first application gave instant relief.After using a few bottles I was cured."—14.

XtEAI ESTATE TRANSFERS.Eliza A. Drew and husband to O.

Almen, It 3, blk 9, Fairview add.... $328D. P. Burke and wife to C. Ernst,It 24, Auditor's subd No. 5 12,500

I. A. Lagerman and wife to S. P.Anderson, It 27. blk 15, ArlingtonHill3 add 2,000

B. H. Og-den and wife to Nellie M.MoMurran, Its 23 and 24, blk 21, St.Anthony Park, north 1

Jane Bryan to J. J. Bryan, It 8, blk8, E. Rice's Second add 2,200

Jane Bryan et al. to J. J. Bryan, It26, blk 20, E. H. Hawkes' subd ofWinslow's add 1,000

W C Stanton and wife to WilliamH. Irish It 2, blk 2, Bryant's Parkadd No.'2 800

W. H. Irish and wife to Colburn R.Stanton. c % It 2, blk 2, Bryant'sPark add 400

L. Finkelsteln and wife to N. L.Hansen, It 17, C. Weide's subdpt blk 45, Arlington Hills I.OCO

F Godbout and wife to C. Espen-sdhied. It 11, blk 4, Marshall's add. 2,000

Elenore Quesnel and husband to J.Pehl, It 10. blk 6, Marshall's add.. 600

J. Pehl to C. Espenscheid, It 10, blk6, Marshall's add 1,000

P. Primeau and wife to C. Espen-schied, U 8, blk 6, Marshall's add.. 1,900

J Guion and wife to C. Espen-schied. It 7, bik 6, Marshall's add. 2,250

S. P. Child and wife to C. Batrootet al.. It 12, blk 2, Tinker's add.... 1,500

Emma Punk to W. Burger Its 3 and4, blk 10, Michel &Robertson's add. 700

W. Burgen and wife to M. Klesen,It 3, Talk 10, Michel & Robertson'sadd 900

H. L. Jenkins and wife to AshlandImprovement company. Its I, 2 and3, iblk 12, Holcomb's add 1

Mary M. Rogers and husband toCrescent Creamery company. Its 11and 12, blk 3, Bazil & Roberta"add 2,500

Farmers Trust company to G. S.Heron, Its 7 and 8 blk 1, Wilson'srearr blk 27, M. £ M.'s add l,20«

Total $34,77?

LISTEN!AND I WILL SPEAKTO YOU

IF YOU KAYE A TELEPHONE.Ifyou haven't one, call on or ad-

dress the Local Manager, and hewill explain tha various forms ofservice.

Jk THE NORTHWESTERNjHL TELEPHONE

«sP*EXCHANGE COMPANY