1
8 (^^F\ /) //O"T\ » Established 1882. Bargain Basement. All odds and ends left over from heavy sales in our 12 great outfitting stores upstairs, such as desirable Caps, Hats, Gloves, Mittens, Underwear, Jackets, Suits, Over- coats, etc., are sacrificed at ridiculous low prices to clear the tables quickly. USEFUL ) , m HOLIDAY GIFTS (M MM A SMALLEST PURSES, / M fLS f*TG SMALLEST PURSES, \ 9 " Boys' all wool Caps, consisting of Tarns, Imported Mercerized Silk Mufflers, 25c Turbans, Band Golfs, Brightons, etc., etc values, Bargain Basement -. /-\ Values 50c to 75c each; take your *r\ Price.. -LUC choice at each, only : lUC . Fancy Silk Club Ties> made £tom rem Ladies' and Misses' trimmed ready-to- n»nts of the newest silks, 25c to .. /-v wear Hats, values up to $1.50. 1 /-v 50c values, only lUL Bargain Basement price, 0n1y.... lUC Men's Suspenders, heavy elastic ja \u25a0 V: f\ t \u25a0 webbing, 25c values for JLUC Boys' Canvas Leggings, some lace, some Durable woolen Socks for men, colors buckle; nrst-class .regular 50c val- \u0084 D™bl? w°olf fe°, ck> 9n for i COl°rS lies, will be closed at only ...... IOC £ b**ck and natural w°o1 ' 20c valueS ULSTERS, ) A._ OVERCOATS, ( mh E* SUITS, l^^J JACKETS, \ Men's Ulsters and Overcoats, made from good, durable Friezes and Meltons, lined with either plain or fancy linings, thoroughly well-made in latest styles, with storm collars, values are $8 to $10, but the price is only $5 in the PLYMOUTH BARGAIN BASEMENT. Ladies' JACKETS, fine smooth-faced Kersey, Boucle,Chinchilla and Beaver Jackets, all lined with best silk and satin. This lot composed of garments that have sold at $10, $12, $15 and $18. Now only $5 in the PLYMOUTH BARGAIN BASEMENT. Uhe Plymouth Clothing House, Sixth and Jficollet. MINNESOTA ALBERT LEA—Krick Olson, convicted of robbery, was sentenced to serve five years In the penitentiary. MADISON —At the special election, bonds in j the sum of $10,UOO were voted for the purpose | of building a city hall. ELBA—The Beaver postofflce and general store of A. A. Miller burned. The contents were entirely consumed, and were but slight- lyinsured, MANKATO—The Alaska Fish and Lumber company, of Mankato, has secured control of a large mill at Shakan, Alaska, and in the early spring will erect a cannery. WINNEBAGO ClTY—There are several cases of smallpox in this city and the schools \u25a0were closed Monday until Jan. 2. About half a dozen families are under quarantine. ROCHESTER—The residence of Herman J. Klinsman, on College hill, was totally de- stroyed by fire. The building was insured for $2,uOU. The furniture also was insured. AUSTIN—The annuel meeting of the Alli- ance Hail and Cyclone Mutual Insurance com- pany was held here. All losses of the year were paid in full and a rebate given on pre- mium notes of 25 per cent. DUX.UTH—The last steamship arrival of the year from the lower lakes has just reported here, the Renssalaer of the Pt.ttsbUrg Steam- ship company, which has been at lower Lake Superior ports unloading a coal cargo. SOUTH DAKOTA PIERRE—The state lands board has de- cided to offer for sale next year that por- tion of the old Fort Sisseton military reser- vation which is not now under lease and to offer the otlter lands in Marshall county. DEADWOOD—Leo Winsberg has been held on the charge of committing an assault upon Sol Levinson. Levinson is considered out of danger.—The attorney for Walter Strohm, who was found guilty of perjury last sum- mer, has moved for a new trial. ,— Opportunity for Card Clubs. Artistic and useful tally cards accom- pany every pack of Soo Line Cards ob- tained at the Ticket Office, 119 Third street S. California. Grand Canyon of Colorado by daylight. The Tourist Sleeping car leaving every Tuesday morning via Chicago Great West- «rn Railway enables you to see this won- derful scenery. For information and res- •rvation of berths inquire of A. J. Aicher, City Ticket Agent, Corner Nicollet Aye and sth St. Minneapolis. WISCONSIN BARABOO—One of Ringling Brothers' largest elephants was chloroformed on ac- count of rheumatism. SPARTA—Henry Joues, aged SO years, died of old age.—Mrs. Martha Newton, widow of A. J. Newton, died of pneumonia. WAUSAU—A meeting of the price list com- mittee of the Wisconsin Valley Lumbermen's Association, which is affiliated with the Mis- sissippi Valley Lumbermen's Association, was held yesterday. A slight advance was made on certain grades. < NEEN AH—Frank C. Shattuck, secretary and treasurer of the Kimberley & Clark com- pany, president of the National Manufactur- ers' Bank, of Neenah, and vice-president of the First National Bank, of Appletou, is dead from an operation for appendicitis. WEST SUPERIOR—Wes Jones was arrest- ed on a complaint sworn out by T. L. Mcln- tosh, representing the citizens' committee. It is claimed he swore that a bill of $165 which he presented for timbers furnished the work- house committee was a lawful and correct bill. Mr. Mclntosh asserts that the bill is Illegal and fraudulent. IOWA DUBUQUE —Tony Leitner, a quarryman working on the Eagle Point bridge approach, was injured by the explosion of dynamite. It is thought lie will die. LEON—Gertrude Crawford Doze, the young wife of Peter Doze, has sued her 76-year-old husband for divorce on the ground that he misrepresented to her the amount of his weaMh. SIOUX CITY—C. D. McFadden claimed La- breck's house extended three inches on his lot. so he sawed off the three inches. He was bound over by the grand jury for malicious mischief. —A hypnotism suit is on trial in district court. D. L. Frace, of Oto, claims damages from Dr. G. P. Van Marel, of Oto, for practicing hypnotism on his son, Charles, i I Florida and the South via the Popu- lar Monon Route. Tourist tickets to all southern points. Fifteen days transit limit, with stopover privileges. All tickets via Louisville are good for stopover at French Lick Springs. Through daily service to Florida, begin- ning January 6th. 1902. For "Ten Routes to the South," rates, folders, etc., address Frank J. Reed, General Pass. Agent, Monon Route, Chicago, or L. E. Sessions, Gen'l. Agent Pass. Dept., 541 Andrus Bldg., Minneapolis, Minn. Buy United States Fuel Oil stock now. Write for new prospectus. afc - Minneapolis: f^M mr\ /fiSsl Seventh and iw »/i^yffi|gsJßsvjß^^lJßi^^^^B jfi^^PWSi Robert Sts |^| if//Sw«»^MiMmMß«Miiii«^M«iMii—^MO7 "Gordon Patent comfort caps!" Comfortable Because Sensible. Patented Because Best. The Indispensable Cap for zero weather. We have them with BANDS LINED WITH FUR, $1.50. BANDS LINED WITH CLOTH, 98c. The Crowds for Caps at The Palace are satisfied with the Gordon Caps. J Come and Select Use I Christmas Gifts Here I W f| (I) Pooketbooks, Purmes, m, (^ Calendars of All Kind*, Jg tfgk Handsome Inkstands, , 5* library Desk Fittings, W W Fountain' Rons, Diaries, % Box. Paper, ' \u25a0 ' : .. . '£| # * v Duplicate Whist Sets. % | SCHLENER & CO., 1 ( £ Stationers. 516 Hioolle*. |! Judge Rebuked. Special to The Journal. THE MINNEAPOLIS JOUKNAL. FISK IS REVERSED Trial Court in North Dakota Ex- ceeded Its Authority. » \u25a0' « - POINTS IN DONOVAN LIQUOR CASE Cavalier DruKKltit "Who Maintained a Nuiiance Must Sow Pay the Fiddler. Special to The Journal. Bismarck, N. D., Dec. 19.— supreme court has given its decision 'in one of the most important liquor cases that has been before it the present term. This is in the case of the state vs. Donovan, an appeal from the district court of Cavalier county, where Judge C. J. Fisk presided by request. Donovan operated a drug store in Cava- j lier county and in 1898 action was brought against him for maintaining a nuisance under the liquor law, it being alleged that the prohibition law was being .violated. The action was brought by P. J. Mc- Clory, as assistant attorney general of the state. After the commencement of the action, Bosard & Bosard, attorneys f6r the state enforcement league, were em-, ployed by private persons to assist with the prosecution. The action came on for trial before Judge Fisk, who found the material facts to be as stated in the complaint but dismissed the case as a conclusion of law, on the theory that the nuisance which was' found to exist as a matter of fact was maintained by the defendant under a druggist's permit and that it could not be abated ,in a court of equity. . , ' ' Second Appeal. The case was appealed to the supreme court, where the judgment of the lower court was reversed and a judgment ord- ered entered in accordance with the pray- er of the plaintiff, which meant that the offending liquors and appurtenances for their sale be destroyed, as the law pro- vides. This order was handed down by the supreme court, whereupon the de- fendant presented a petition to the dis- trict court that after the payment of the costs he be permitted to file a bond to obey the law in future, and judgment be entered abating the action. This was done by Judge Fisk and an appeal taken to the supreme court from the order. The appeal brought up several nice questions concerning the prohibition law, among them whether the filing of such a bond could abate such a judgment as en- tered by the supreme court, and another as to whether Bosard & Bosard had any standing as attorneys for the state in the case. This latter point was raised under the law passed at the last session of the legislature, requiring the attorney gen- eral or state's attorney to appear for the state in all these actions and prohibit- ing private attorneys such as Bosard & Bosard from bringing actions for the state enforcement league in the name of the state. On both of these points the defense loses its case. The court holds that Bosard & Bosard were regularly em- ployed as attorneys for the state, and that they were concerned with the action be- fore the 1901 act was passed, and that as the provisions of that statute were prospective and not retrospective, they cannot now be shut out of an appear- ance. , in order to shield himself from an invasion by tha officers of the law, who were armed with a writ of replevin, secured a smallpox sign, which he placed over his door. The otauers made a hasty retreat, and when they disappeared the man did also. The debt remains unpaid. One Death From MeasleH. Special to The Journal.' Sturgis, S. 1)., Dec. 19. —This place is having an epidemic of measles. There are a great many cases and new ones are reported almost daily. On death has resulted. Carver Clotted Tiffkit. Special to The Journal. Carver, Minn., Dec. 19.—Schools were closed here on account of smallpox, net to reopen in.til Ja.n. 6. All churches have been closed and Christmas festivities abandoned. Sioux County Votes Honda. Special to The Journal. Sioux City, lowa, Dec. 19.—Sioux county has voted bonds for a new courthouse. RAILROAD TAXATION IN STATE OF MINNESOTA The railroads of Minnesota have been well treated. History and public record I show that nation and state have enriched j railroad speculator by public grant and by | loans of credit. Over one-fifth of all the ' land in this state has been practically given to the railroads. The state audi- tor's report shows that the railroads own ! about one-fourth of all the property in I the state, but pay only one-thirteenth of j the tax. The recent agitation against the I Northern Securities company tells the I story of an awakening on the part of the ; people to the realization that corporate enrichment must be held in check or prove a menace to the best interests of the people at large. As early as 1853 the territorial legisla- ture granted a railroad charter, but not until 1856 was a tax provision inserted in any charter, it was then considered and decided that railroad taxes should not be assessed and collected by the local au- thorities as are other taxes. Acting cv the opinion of the then attorney general | the method adopted was what is known as the "gross earnings tax." This is a commuted form of taxation, whereby a certain percentum of the gross earnings of the railroads is paid to the state in lieu of taxes. Prior to the adoption of the constitution, Oct. 13, 1557, the charter of the Minnesota & Northwestern Railway company (now a part of the Chicago Great Western Railway company) was amended by inserting in it the provision that the company was to pay an annual j tax of two per centum on its gross earn- j ings, which should be in lieu of all other taxes whatever. Practically this same amendment but providing for the payment of 3 per centum of the gross earnings and the ex- emption of their land grants, until sold' and conveyed, was made to the charter of each of the four 'land grant" companies. Between 1860 and 186G the charter of each of the four "land grant" companies, further amended by additional provisions by which it was provided that in consid- eration of an annual payment of 1 per centum on the gross earnings for the first three years and 3 per centum there- after their land grants and other prop- erty should be forever free from taxation until sold and conveyed. The charters cf other roads were similarly amended and in 1873 it was provided that any railroad might accept such method and rates of taxation. The constitution, article 11., sections 1 I and 3, requires that all taxes shall be as nearly equal as may be and that all prop- erty shall be taxed except certain desig- nated kinds, among which railroads are not mentioned. Article X., section 9, of the constitution was adopted in 1858 (and expunged in 1860) by which the credit of the state was loaned to the "land grant" railroads in j the form of state bonds, the state taking | a mortgage on the property of the com- pany. The constitutional amendment of 1871 requires that any law providing for the change of railroad taxation shall, before the same shall take effect, be submitted to a vote of the people. In compliance with this provision chapter 168, laws of 1895, was adopted and provides that all lands heretofore or hereafter granted to rail- roads shall be assessed and taxed as other lands are taxed, except such parts of such land as are held, used or occupied for right of way, gravel pits, side tracks, depots and all buildings and structures which are necessarily used in the actual management and operation of the rail- roads of said companies; that the com- panies liball continue to pay the gross earnings tax in the same manner and amount as now provided by law, and that all other laws providing otherwise are re- pealed. But there is another important point de- cided regarding the prohibition law, 1. c., that the provision of the statute allowing a bond to be given for the release of | the premises is restricted to cases where j the nuisance is conducted on leasehold premises, and does not apply to cases where the nuisance is maintained by the owner in his own premises. The court holds this to be the intention of the legis- lature and finds that under this con- clusion the defendant is not entitled to the privilege of paying costs, giving a bond, and having his premises released. Regarding Judge Fisk's action in not com- plying with the first order of the su- preme court, the higher court says: The learned trial court has thought proper to permit the defendant to intervene in that court for the purpose of renewing the litiga- tion, and acting upon such permission the de- fendant was allowed to interject into the case questions and considerations of law and fact which were not brought to the attention of this court in any manner and upon which this court has never until the present appeal had an opportunity to pass or to make an adjudication, Uron such new matter so in- terjected the trial court has assumed the right to enter a judgment in the very teeth of the order sent down. We confess that we are unable to concur in this assumption of i authority on the part of the trial court. It is wall settled that in cases such as this the district court in entering judgment pursuant to an order transmitted to i% acts ministeri- ally unless this court directs in express terms that further proceedings be had in the dis- trict court. The district court is directed to enter judgment pursuant to the" order of the supreme court, both the order entering judgment and the judgment appealed from being reversed. WHIPPING POST OF FATHERS Den Moines Judse Would Like to Have It ReHtored. This, in brief, is the substance of all Minnesota railroad tax legislation from territorial days to the present time. The last legislature, however, passed a law in- creasing the gross earnings tax to 4 per centum and submitting the question to the people at the next general election. If the people ratify the act of the legis- lature it will undoubtedly carry the mat- ter into the courts, as the railroads claim such a bill is unconstitutional and void. If such be the case then Minnesota has sold part of its sovereignty for a mere pittance and the railroads escape the con- stitutional provision that all taxes shall be as nearly equal as may be. The railroads of this state as regards taxation may easily be separated into two classes, viz., those whose charter tax provisions date from before the adoption of the constitution and those whose tax provisions have ben inserted since or which pay taxes under the general law of 1873. The former, if by their acts, they have not divested themselves of it, may under the present decisions of our courts possess those immunities from taxation which their charters purport to contain, for there was no restriction on the territorial legislation which made the grants. The apparent contract immunities of the latter class of railroads must be in- terpreted with article IX, sections 1 and 3 of the coifttitution in mind. Regarding these sections our supreme court says: "The leading and controlling purpose of these provisions was to subject all prop- erty, not specially exempted, from tax- ation and to secure so far as possible equality and uniformity so that every piece of property should bear its just and proportionate share of the public bur- den." With this interpretation it is clear that the gross earnings tax as it now stands would be unconstitutional were it not for the amendment of 1871. There are no decisions of our courts holding that such a tax was constitutional prior to the amendment of 1871; while there is a clear intimation to the con- trary in several.cases —notably those fol- lowing the Parcher case, 23 Minn., 280. In the case of State vs. Steams such, a tax was held to be unconstitutional prior to 1&71, but the state court held that it was validated by the amendment of that year. Whether the United States supreme court would now uphold the latter part of this decision is a question for the fu- ture. By judicial interpretation previous to 1895 railroad property in this state was grouped under three heads with respect to taxation, viz., (a) that actually used; (b) granted lands and (c) other property obtained either by gift or purchase. By numerous decisions our courts have held that the gross-earnings tax embraces only the first two classes of property men- tioned. Dcs Moines, lowa, Dec. 19.—Judge L.. I. Silvara of the Dcs Moines police court de- clared in favor of the whipping post in court to-day. The Judge announced his theory in connection with the trial of William Garrett, who was brought up on a charge of drunkenness and beating his wife. Mrs. Garrett had a sorrowful tale to tell, saying her husband did not work steadily, that he could not let liquor alone, and that he contributed nothing to her support, and beat her. Judge Silvara said he wished there was some way by which wife beaters could be adequately punished and that he favored establishing a whip- ping post. In the absence of eny facilities for applying the lash or giving the bas- tinado, Garrett escaped with fifteen days in the county jail. FIELD DEPUTY KEGDED S. Dakota State Land Department <on ld Make One Pay. Special to The Journal. Pierre, S. D., Dec. 19.—Until last fall the state land department had done but little in the way of securing plats of tracts or looking up tresspassers on state lands in the Black Hills. In September two men from the office were sent to that sec- tion of the state and stayed until No- vember. They secured topographical plats of a large acreage of state lands, and discovered several trespassers and secured some revenue for the state which would never have been paid without such an investigation. The returns to the de- partment from this source, from one county alone, amounted to $260, and other counties turned in smaller amounts. A field deputy putting in all his time in looking after trespassers on state lands could bring to the state every year sev- eral times his salary and expenses. BUYS FIFTY QUARTERS Jobn E. Diamond Invests Heavily In South Dakota Lands. Special to The Journal. Huron, S. D., Dec. 19.—John E. Dia- mond, one of the pioneers of Brookings county, was here this week. He had been on a land buying tour in Faulk, Spink and Beadle counties, and picked up more than fifty quarter sections of good farm land. He is of the opinion that South l>akota lands will never again be so cheap as now, and that the opportunity to in- vest at reasonable prices will soon be gone. He has cold most of his Brookings county lands at a big advance over prices of three years ago, and believes that his recent investments will be equally -profit- able. As indicating the demand for farm property in this locality it is only neces- sary to note the daily arrivals of land seekers. lowa Debtor"* Coup d'etat. Special to The Journal. Waterloo, lowa, Dec. 19.—A West Side man, I The question as to what property Is I used in the operation of the road often ' arises and has been frequently decided ] in particular instances in this state. Each ' case must be decided under all of the cir- I cumstances, both remote and contingent. The fact that railroad property was paying a much less tax than other prop- erty brought about the so-called Ander- son law of 1895. By the terms of this law ' all unused granted lands of railroads was to be taxed substantially as the property of other people is taxed. On Dec. 3, 1900, the supreme court of the United Sjtates held the Anderson law to be unconstitu- tional, reversing a decision of the Min- nesota supreme court upon the same ques- | tion. Whether the law of 1901 can avoid i the pitfalls dug by shrewd corporation' lawyers remains to be seen. The ques- j tion as regards the four "land grant" com- I panics turns on the nature of the tax | previsions In their charters. Are these I provisions contracts irrevocable without the consent of the companies? As early! as 1868 Attorney General Cornell ex- j pressed tttfe opinion that "the consent of I THUKSDAY EVENING, DECEMBEK 19, 1901. Physicians Recommend Castoria /^JASTOKIA has met with pronounced favor on the part of physicians, phanna- \u25a0 ceutical societies and medical authorities. It is used by physicians with results most gratifying. The extended use of Oastoria is unquestionably the result of three facts: First— The indisputable evidence that it is harmless: Second— That it not only allays stomach pains and quiets the nerves, but assimi- lates the food: Third—lt is an agreeable and perfect substitute for Castor Oil. It is absolutely safe. It does not contain any Opium, Morphine, or other narcotic and does not stupefy. It is unlike Soothing Syrups, Bateman's Drops, Godfrey's Cordial, etc. This is a good deal for a Medical Journal to say. Our duty, how- ever, is to expose danger and record the means of advancing health. The day for poisoning innocent children through greed or ignorance ought to end. To our. knowledge, Castoria is a remedy which produces composure and health, by regulating the system—not by stupefying it—and our readers are entitled to the information.— Hall's Journal of Health: IflWP™^P^R^iflt» J8 The nd You Have Always Bought, and tvliieh lias been. J^BFg^F£E^zr"~^r =F j| in use for over 30 years, has borne the signature of -:---——r7~~rr ; r~r~~~ "\u25a0 7"'" M _ i - and has been made under his per- Preparation for As - : m £& jL/sr^fl^^Js sonal supervision since its infancy. simitating the Food andßegula- m v*t(^'^ *'GCCc#4/s+. Allow no one to deceive you in this. ting the Stomachs and Bowels of || All Counterfeits, Imitations and « Just-as-good" are but; : \u25a0 I Experiments that trifle with and endanger the health of SJjS^^-.AEsdalXlai^i.iaaS^ M Infants and Ciiildren—Experience against Experiment* PromotesDigestioß.Cheerful- h What f*AQTORIA ness and Rest.Contains neither &E VtflßaS. \#n+£s 1 KJ/frk&lrb i Morphine nor Mineral. 11 —._...... . _ . «__^_, _ \u25a0\u25a0'-'. _„ « NnT"NARroTir D l l Castoria is a harmless substitute for Castor Oil, Pars- ___ _____ if goric, Drops and Soothing Syrups. It is Pleasant. If; |l contains neither Opium, Morphine nor other Harcotio ofoidßrSamuel PITCHER | substance. Its age is its guarantee. It destroys Worms Pom,*;* Seed- |||jjj and allay Feverishness. It cures Diarrhoea and Wind &uiusa7ts- ) If Colic. It relieves Teething Troubles, cures Constipation, Amu Seed <\u25a0 I f| and Flatulency. It assimilates the Food, regulates tha Ic£bZiL~se j a,* \ i|; Stomach and Bowels, giving healthy and natural sleep. W"*r&f~ -I I The Children's Panacea— Mother's Friend. WirJurgrttn, Flavor. J AperfecrßemedyforConstipa- I CEMOiME CASTORIA ALWAYS ! Sour Stomach, Diarrhoea, M * i Worms .Convulsions .Feverish- |i Bears tlie signature of ___^ rrtrr . ness and Loss OF Sleep. ;|| v^*B^^^ ,^jr^"^'"\rir^w^\r^ xs^^ Tiis KM You Haio Always Bou^M | exact copy of wrapper. B| - in Use For Over 30 Years. aM>^ -. . ( \u0084,.>////. \W ' ' THE CENTAUR COMPANY, TT MUBHAVBTIICST. NEWYORK CITY. the companies under the constitution was not necessary and it was clearly coni- petent for the legislature to change its terms so as to require a different rate per centum of gross earnings." He fur- ther says in a case arising later: "A null- ification of the original comract is no- where prohibited by the constitution." From a reading of the cases and opin- ions on the subject it would seem that railroad companies must stand on the unmodified territorial exemptions if their tax provisions are to be held irrevocable contracts. Now, as a matter of history, which can be verified by referring to the reports of the state treasurer, beginning in 1865., it is well known that none of the "land grant" roads have ever availed themselves of the tax provisions of their charters, but have with but one excep- tion (the Winona & St. Peter Railway company) paid under the tax provisions made by the state legislature. By so doing they paid a lighter tax during the first ten years of their operation, and have elected to enjoy the benefits of state legislation. It seems unjust to the people of Minnesota that ihe railroads should now be permitted to evade any disadvan- tages to themselves by holding as a shield the territorial exemptions which they did not see fit to adopt when it would have been detrimental to them to do so. •It is a well settled rule of construction of tax exemptions that the construction will be in favor of the exemption only when the language will admit of no other construction. The contract must be shown to exist. There is no presumption in its favor. Every reasonable doubt should be resolved against it. When it exists it. should be rigidly scrutinized and never be permitted to extend either in scope or duration beyond what the terms of the concession clearly require. Ii is in derogation of public right and narrows a 1 trust created lor the good of all. From the foregoing considerations it would seoni that the people of Minnesota are not powerless to compel railroads to pay their proportionate share of the taxes, which they do not do at the present time. —William Furst, Librarian University Law Library. Costly Arms and Leys. Artificial arms and legs, or commuta- tion therefor, will cost the federal gov- ernment next year over half a million, dollars. The average citizen will hardly understand this outlay, but the old soldier who has been supplied with an artificial limb in place of the one lost in the Re- bellion can explain. Since 1870 the gov- ernment has not only paid $140,000,000 annually in pensions but has also fur- nished artificial arms and legs to the old soldiers needing them. The government should also provide "Golden Grain Belt" beer for its faithful soldiers, for it makes them strong, healthy and happy. Brewed from the purest barley malt and hops, it should be in every home. To get it, telephone 486 main. Winter TouriHt Rnten'. Great reduction in rates to ail winter resorts. Call on Minneapolis & St. Louis agents. m SILVERWARE TO REDUCE OUR iHMENSE STOCK. Friday, per dozen O(3i£p white K raiilte lining, nothing An qV Just received a new lot of high grade rove*. ua^H^r" 6*o^ 5-, Fray WtiSJO ties, bodice pin. both old and At «A Si 1!" 1 Use -land **p «co Tea Sets, all re' silver. 800 750 and.lt $1,00 .J^edtogell them quick; up from gjg $. JACOBS & GO., Jewelers, 518-520 KICOLLET AVENUE. o#i&£l#£r£P?^ Mercantile Formerly S. E. OLSON GO. Draperies Rugs. Price reductions will be very conspicuous on our Third Floor Friday and Saturday. " «-*: Rucrc JKOmereS. 30x60-inch Standard Smyrna (not all Extra Special Prices on SO odd pairs for wool), regular price 81.25 f\f\ two days. —Friday and Saturday— VI PC rep. spec. \u25a0 c»cii , price price All Wool Smyrna Rugs— 3ox6o-inch 12 pairs Damask Curtains $1.69 $1.10 and 26x54-inch—full line of colors 8 pairs Damask Curtains ...^.. $2.00 $1.45 —values up to $2.25 d* \u25a0g Sf\ 7 pairs Damask Curtains.... $3.25 $2.00 —this sale, only— *p I §OU 5 pairs Damask Curtains..» $5.50 $3.87 each ! \ 3 pairs Damask Curtains $8.50 $6.75 Ot*ff»nt»l DlfO-C \ 4 pairs Mercerized Curtains.. .$ll.OO $8.75 vi icilim K.UJ,». \ 4 pairs Mercerized Curtains $18.00 $14.00 Shirvans, Belooz, Khurdistan^ 3 pairs Satin curtains.... $25.00 $19.00 Mlez and Guandjes— a noteworthy 4 pairs. veiour curtains. . ..$37.50529.00 collection of choice patterns and Also 25 odd pairs very popular Cheniie cur- hues—many large sizes in values tain.i all late styles-no two pairs alike. > up to 835.00— C^F AA Ueg. price $2.00, $2.75. $3.50, $4 90, $8.75 day and Saturday, n)^/3»"U Sale price $1.75, $2.00; $2.60, $3.85, $6.85 ' your choice, 0n1y.. . Standard jp''"^^® fajSjilwl Sickness! Medicinal l|S§fq pt^-yn ins *;i^;i*-*i Health! Curse OF DRINK CURED BY WHITE RIBBON REMEDY. Can be given in Glass of Water. -Tea or Coffee Without Patient' Knowledge. White Ribbon Remedy.will cure or destroy the diseased appetite for alcoholic stimulants, , whether the patient is a confirmed Inebri- ate, "a tippler," social drinker or drunxaid. impossible for any one to have an appetitu for alcoholic liquors after using White Rib- bon Remedy. Indomed by member* of XV. C. T. I. Mrs. Moore, superintendent of the Woman's Christian Temperance Union, writes: "I have tested White Ribbon Remedy on very obstinate drunkards, and the cur«« have bee.i Diany. In many cases the Remedy was given secretly. I cheerfully recommend and indorse White Ribbon Remedy. Members of our union are delighted to find a practical and economical treatment to aid us in our tem- perance work." Mrs. West, president of the Woman's Christian Temperance Union, states: "I know of bo many, people redeemed from the curve of drink by the use of White Ribbon Remedy th?t I earnestly request you to give it a trial. Druggists or by mail, $1. Trial package free by writing Mr*. A. M. Tovrnaend (for years secretary of the Woman's Christian Temperance Union, 218 Tremont St. lioatun, Mans. Sold in Minneapolis by Vlrjill Dillon, 101 Washington avenue 8. STORAGE Household rood* a specialty. Co- equaled facilities and lowMt rale* . ". Packing by experienced men. BoyiTransfer ft Fuel Co., 46 Bo.TMrlßt Telephone Main 66?— both exchange*. \u25a0 \u25a0 \u25a0 -. \u25a0-.-\u25a0-. -- .

FISK IS REVERSED Physicians Recommendwho was found guilty of perjury last sum- ... many cases and new ones are reported almost daily. On death has resulted. Carver Clotted Tiffkit

  • Upload
    others

  • View
    1

  • Download
    0

Embed Size (px)

Citation preview

Page 1: FISK IS REVERSED Physicians Recommendwho was found guilty of perjury last sum- ... many cases and new ones are reported almost daily. On death has resulted. Carver Clotted Tiffkit

8

(^^F\ /) //O"T\ » Established 1882.

Bargain Basement.All odds and ends left over from heavy sales in our 12 great outfitting stores

upstairs, such as desirable Caps, Hats, Gloves, Mittens, Underwear, Jackets, Suits, Over-coats, etc., are sacrificed at ridiculous lowprices to clear the tables quickly.

USEFUL ) , m *±HOLIDAY GIFTS (MMM A

SMALLEST PURSES,/ M fLS f*TG

SMALLEST PURSES, \ 9 "Boys' all wool Caps, consisting of Tarns, Imported Mercerized Silk Mufflers, 25c

Turbans, Band Golfs, Brightons, etc., etc values, Bargain Basement — -. /-\

Values 50c to 75c each; take your *r\ Price.. -LUCchoice at each, only : lUC . Fancy Silk Club Ties> made £tom rem

Ladies' and Misses' trimmed ready-to- n»nts of the newest silks, 25c to .. /-v

wear Hats, values up to $1.50. 1 /-v 50c values, only lULBargain Basement price, 0n1y.... lUC Men's Suspenders, heavy elastic ja

\u25a0 V: f\ t \u25a0 • webbing, 25c values for JLUCBoys' Canvas Leggings, some lace, some Durable woolen Socks for men, colorsbuckle; nrst-class .regular 50c val- j« \u0084 D™bl? w°olf fe°,ck>

9nfor

iCOl°rS

lies, will be closed at only ...... IOC£b**ck and natural w°o1

'20c valueS

ULSTERS, ) A._

OVERCOATS, ( mh E*SUITS, l^^JJACKETS, \ •

Men's Ulsters and Overcoats, made from good, durable Friezes and Meltons, linedwith either plain or fancy linings, thoroughly well-made in latest styles, with stormcollars, values are $8 to $10, but the price is only $5 in the PLYMOUTH BARGAINBASEMENT.

Ladies' JACKETS, fine smooth-faced Kersey, Boucle,Chinchilla and Beaver Jackets,all lined with best silk and satin. This lot composed of garments that have sold at $10,$12, $15 and $18. Now only $5 in the PLYMOUTH BARGAIN BASEMENT.

Uhe Plymouth Clothing House, Sixth and Jficollet.

MINNESOTAALBERT LEA—Krick Olson, convicted of

robbery, was sentenced to serve five yearsIn the penitentiary.

MADISON—At the special election, bonds in jthe sum of $10,UOO were voted for the purpose |of building a city hall.

ELBA—The Beaver postofflce and generalstore of A. A. Miller burned. The contentswere entirely consumed, and were but slight-lyinsured,

MANKATO—The Alaska Fish and Lumbercompany, of Mankato, has secured controlof a large mill at Shakan, Alaska, and in theearly spring will erect a cannery.

WINNEBAGO ClTY—There are severalcases of smallpox in this city and the schools\u25a0were closed Monday until Jan. 2. About halfa dozen families are under quarantine.

ROCHESTER—The residence of HermanJ. Klinsman, on College hill, was totally de-stroyed by fire. The building was insuredfor $2,uOU. The furniture also was insured.

AUSTIN—The annuel meeting of the Alli-ance Hail and Cyclone Mutual Insurance com-pany was held here. All losses of the yearwere paid in full and a rebate given on pre-mium notes of 25 per cent.

DUX.UTH—The last steamship arrival of theyear from the lower lakes has just reportedhere, the Renssalaer of the Pt.ttsbUrg Steam-ship company, which has been at lower LakeSuperior ports unloading a coal cargo.

SOUTH DAKOTAPIERRE—The state lands board has de-

cided to offer for sale next year that por-tion of the old Fort Sisseton military reser-vation which is not now under lease and tooffer the otlter lands in Marshall county.

DEADWOOD—Leo Winsberg has been heldon the charge of committing an assault uponSol Levinson. Levinson is considered out ofdanger.—The attorney for Walter Strohm,who was found guilty of perjury last sum-mer, has moved for a new trial.

,—

Opportunity for Card Clubs.Artistic and useful tally cards accom-

pany every pack of Soo Line Cards ob-tained at the Ticket Office, 119 Thirdstreet S.

California.Grand Canyon of Colorado by daylight.

The Tourist Sleeping car leaving everyTuesday morning via Chicago Great West-«rn Railway enables you to see this won-derful scenery. For information and res-•rvation of berths inquire of A. J. Aicher,City Ticket Agent, Corner Nicollet Ayeand sth St. Minneapolis.

WISCONSINBARABOO—One of Ringling Brothers'

largest elephants was chloroformed on ac-count of rheumatism.

SPARTA—Henry Joues, aged SO years, diedof old age.—Mrs. Martha Newton, widow ofA. J. Newton, died of pneumonia.

WAUSAU—A meeting of the price list com-mittee of the Wisconsin Valley Lumbermen'sAssociation, which is affiliated with the Mis-sissippi Valley Lumbermen's Association, washeld yesterday. A slight advance was madeon certain grades. <

NEEN AH—Frank C. Shattuck, secretaryand treasurer of the Kimberley & Clark com-pany, president of the National Manufactur-ers' Bank, of Neenah, and vice-president ofthe First National Bank, of Appletou, isdead from an operation for appendicitis.

WEST SUPERIOR—Wes Jones was arrest-ed on a complaint sworn out by T. L. Mcln-tosh, representing the citizens' committee. Itis claimed he swore that a bill of $165 whichhe presented for timbers furnished the work-house committee was a lawful and correctbill. Mr. Mclntosh asserts that the bill isIllegal and fraudulent.

IOWADUBUQUE—Tony Leitner, a quarryman

working on the Eagle Point bridge approach,was injured by the explosion of dynamite.It is thought lie will die.

LEON—Gertrude Crawford Doze, the youngwife of Peter Doze, has sued her 76-year-oldhusband for divorce on the ground that hemisrepresented to her the amount of hisweaMh.

SIOUX CITY—C. D. McFadden claimed La-breck's house extended three inches on hislot. so he sawed off the three inches. He wasbound over by the grand jury for maliciousmischief. —A hypnotism suit is on trial indistrict court. D. L. Frace, of Oto, claimsdamages from Dr. G. P. Van Marel, of Oto,for practicing hypnotism on his son, Charles, i

IFlorida and the South via the Popu-

lar Monon Route.Tourist tickets to all southern points.

Fifteen days transit limit, with stopoverprivileges. All tickets via Louisville aregood for stopover at French Lick Springs.Through daily service to Florida, begin-ning January 6th. 1902. For "TenRoutes to the South," rates, folders, etc.,address Frank J. Reed, General Pass.Agent, Monon Route, Chicago, or L. E.Sessions, Gen'l. Agent Pass. Dept., 541Andrus Bldg., Minneapolis, Minn.

Buy United States Fuel Oil stock now.Write for new prospectus.

afc -Minneapolis: f^M mr\ /fiSsl

Seventh and iw »/i^yffi|gsJßsvjß^^lJßi^^^^B jfi^^PWSiRobert Sts |^| if//Sw«»^MiMmMß«Miiii«^M«iMii—^MO7

"Gordon Patent comfort caps!"Comfortable Because Sensible.

Patented Because Best.The Indispensable Cap for zero weather. We have them with

BANDS LINED WITH FUR, $1.50.BANDS LINED WITH CLOTH, 98c.

The Crowds for Caps at The Palace aresatisfied with the Gordon Caps.

J Come and Select Use I• Christmas Gifts Here IW f|(I) Pooketbooks, Purmes, m,(^ Calendars ofAllKind*, Jgtfgk Handsome Inkstands, , 5*

libraryDesk Fittings, WW Fountain' Rons, Diaries, %

Box. Paper, ' \u25a0 ' : .. . '£|# *

vDuplicate Whist Sets. %

| SCHLENER & CO., 1(£ Stationers. 516 Hioolle*. |!

Judge Rebuked.

Special to The Journal.

THE MINNEAPOLIS JOUKNAL.

FISK IS REVERSEDTrial Court in North Dakota Ex-

ceeded Its Authority.» \u25a0' « -

POINTS IN DONOVAN LIQUOR CASE

Cavalier DruKKltit "Who Maintained

a Nuiiance Must Sow Pay

the Fiddler.

Special to The Journal.Bismarck, N. D., Dec. 19.— supreme

court has given its decision 'in one of themost important liquor cases that hasbeen before it the present term. This isin the case of the state vs. Donovan, anappeal from the district court of Cavaliercounty, where Judge C. J. Fisk presidedby request.

Donovan operated a drug store in Cava- jlier county and in 1898 action was broughtagainst him for maintaining a nuisanceunder the liquor law, it being alleged thatthe prohibition law was being .violated.The action was brought by P. J. Mc-Clory, as assistant attorney general ofthe state. After the commencement of theaction, Bosard & Bosard, attorneys f6rthe state enforcement league, were em-,ployed by private persons to assist withthe prosecution. The action came onfor trial before Judge Fisk, who foundthe material facts to be as stated in thecomplaint but dismissed the case as aconclusion of law, on the theory that thenuisance which was' found to exist as amatter of fact was maintained by thedefendant under a druggist's permit andthat it could not be abated ,in a court ofequity. . , ' '

Second Appeal.

The case was appealed to the supremecourt, where the judgment of the lowercourt was reversed and a judgment ord-ered entered in accordance with the pray-er of the plaintiff, which meant that theoffending liquors and appurtenances fortheir sale be destroyed, as the law pro-vides. This order was handed down bythe supreme court, whereupon the de-fendant presented a petition to the dis-trict court that after the payment of thecosts he be permitted to file a bond toobey the law in future, and judgment beentered abating the action. This wasdone by Judge Fisk and an appeal taken tothe supreme court from the order.

The appeal brought up several nicequestions concerning the prohibition law,among them whether the filing of such abond could abate such a judgment as en-tered by the supreme court, and anotheras to whether Bosard & Bosard had anystanding as attorneys for the state in thecase. This latter point was raised underthe law passed at the last session of thelegislature, requiring the attorney gen-eral or state's attorney to appear for thestate in all these actions and prohibit-ing private attorneys such as Bosard &Bosard from bringing actions for thestate enforcement league in the name ofthe state. On both of these points thedefense loses its case. The court holdsthat Bosard & Bosard were regularly em-ployed as attorneys for the state, and thatthey were concerned with the action be-fore the 1901 act was passed, and thatas the provisions of that statute wereprospective and not retrospective, theycannot now be shut out of an appear-ance.

, in order to shield himself from an invasionby tha officers of the law, who were armedwith a writ of replevin, secured a smallpoxsign, which he placed over his door. Theotauers made a hasty retreat, and when theydisappeared the man did also. The debtremains unpaid.

One Death From MeasleH.Special to The Journal.'

Sturgis, S. 1)., Dec. 19.—This place is havingan epidemic of measles. There are a greatmany cases and new ones are reported almostdaily. On death has resulted.

Carver Clotted Tiffkit.Special to The Journal.

Carver, Minn., Dec. 19.—Schools were closedhere on account of smallpox, net to reopenin.til Ja.n. 6. All churches have been closedand Christmas festivities abandoned.

Sioux County Votes Honda.Special to The Journal.

Sioux City, lowa, Dec. 19.—Sioux county hasvoted bonds for a new courthouse.

RAILROAD TAXATIONIN STATE OF MINNESOTA

The railroads of Minnesota have beenwell treated. History and public record

I show that nation and state have enrichedj railroad speculator by public grant and by| loans of credit. Over one-fifth of all the' land in this state has been practicallygiven to the railroads. The state audi-tor's report shows that the railroads own

! about one-fourth of all the property inI the state, but pay only one-thirteenth ofj the tax. The recent agitation against theI Northern Securities company tells theI story of an awakening on the part of the; people to the realization that corporateenrichment must be held in check orprove a menace to the best interests ofthe people at large.

As early as 1853 the territorial legisla-ture granted a railroad charter, but notuntil 1856 was a tax provision inserted inany charter, it was then considered anddecided that railroad taxes should not beassessed and collected by the local au-thorities as are other taxes. Acting cvthe opinion of the then attorney general

| the method adopted was what is known asthe "gross earnings tax." This is acommuted form of taxation, whereby acertain percentum of the gross earningsof the railroads is paid to the state inlieu of taxes. Prior to the adoption ofthe constitution, Oct. 13, 1557, the charterof the Minnesota & Northwestern Railwaycompany (now a part of the ChicagoGreat Western Railway company) wasamended by inserting in it the provisionthat the company was to pay an annual

j tax of two per centum on its gross earn-j ings, which should be in lieu of all othertaxes whatever.

Practically this same amendment butproviding for the payment of 3 percentum of the gross earnings and the ex-emption of their land grants, until sold'and conveyed, was made to the charter ofeach of the four 'land grant" companies.

Between 1860 and 186G the charter ofeach of the four "land grant" companies,further amended by additional provisionsby which it was provided that in consid-eration of an annual payment of 1 percentum on the gross earnings for the firstthree years and 3 per centum there-after their land grants and other prop-erty should be forever free from taxationuntil sold and conveyed. The charters cfother roads were similarly amended andin 1873 it was provided that any railroadmight accept such method and rates oftaxation.

The constitution, article 11., sections 1I and 3, requires that all taxes shall be as

nearly equal as may be and that all prop-erty shall be taxed except certain desig-nated kinds, among which railroads arenot mentioned.

Article X., section 9, of the constitutionwas adopted in 1858 (and expunged in1860) by which the credit of the state wasloaned to the "land grant" railroads in

j the form of state bonds, the state taking

| a mortgage on the property of the com-pany.

The constitutional amendment of 1871requires that any law providing for thechange of railroad taxation shall, beforethe same shall take effect, be submitted toa vote of the people. In compliance withthis provision chapter 168, laws of 1895,was adopted and provides that all landsheretofore or hereafter granted to rail-roads shall be assessed and taxed asother lands are taxed, except such partsof such land as are held, used or occupiedfor right of way, gravel pits, side tracks,depots and all buildings and structureswhich are necessarily used in the actualmanagement and operation of the rail-roads of said companies; that the com-panies liball continue to pay the grossearnings tax in the same manner andamount as now provided by law, and thatall other laws providing otherwise are re-pealed.

But there is another important point de-cided regarding the prohibition law, 1. c.,that the provision of the statute allowinga bond to be given for the release of |the premises is restricted to cases where jthe nuisance is conducted on leaseholdpremises, and does not apply to caseswhere the nuisance is maintained by theowner in his own premises. The courtholds this to be the intention of the legis-lature and finds that under this con-clusion the defendant is not entitled tothe privilege of paying costs, giving abond, and having his premises released.Regarding Judge Fisk's action in not com-plying with the first order of the su-preme court, the higher court says:

The learned trial court has thought properto permit the defendant to intervene in thatcourt for the purpose of renewing the litiga-tion, and acting upon such permission the de-fendant was allowed to interject into the casequestions and considerations of law and factwhich were not brought to the attentionof this court in any manner and upon whichthis court has never until the present appealhad an opportunity to pass or to make anadjudication, Uron such new matter so in-terjected the trial court has assumed theright to enter a judgment in the very teethof the order sent down. We confess that weare unable to concur in this assumption of

i authority on the part of the trial court. Itis wall settled that in cases such as this thedistrict court in entering judgment pursuantto an order transmitted to i% acts ministeri-ally unless this court directs in express termsthat further proceedings be had in the dis-trict court.

The district court is directed to enterjudgment pursuant to the" order of thesupreme court, both the order enteringjudgment and the judgment appealed frombeing reversed.

WHIPPING POST OF FATHERS

Den Moines Judse Would Like toHave It ReHtored.

This, in brief, is the substance of allMinnesota railroad tax legislation fromterritorial days to the present time. Thelast legislature, however, passed a law in-creasing the gross earnings tax to 4 percentum and submitting the question tothe people at the next general election.If the people ratify the act of the legis-lature it will undoubtedly carry the mat-ter into the courts, as the railroads claimsuch a bill is unconstitutional and void.If such be the case then Minnesota hassold part of its sovereignty for a merepittance and the railroads escape the con-stitutional provision that all taxes shallbe as nearly equal as may be.

The railroads of this state as regards

taxation may easily be separated into twoclasses, viz., those whose charter taxprovisions date from before the adoptionof the constitution and those whose taxprovisions have ben inserted since orwhich pay taxes under the general law of1873. The former, if by their acts, theyhave not divested themselves of it, mayunder the present decisions of our courtspossess those immunities from taxationwhich theircharters purport to contain, forthere was no restriction on the territoriallegislation which made the grants.

The apparent contract immunities ofthe latter class of railroads must be in-terpreted with article IX, sections 1 and 3of the coifttitution in mind. Regardingthese sections our supreme court says:"The leading and controlling purpose ofthese provisions was to subject all prop-erty, not specially exempted, from tax-ation and to secure so far as possibleequality and uniformity so that everypiece of property should bear its just andproportionate share of the public bur-den." With this interpretation it isclear that the gross earnings tax as itnow stands would be unconstitutionalwere it not for the amendment of 1871.There are no decisions of our courtsholding that such a tax was constitutionalprior to the amendment of 1871; whilethere is a clear intimation to the con-trary in several.cases —notably those fol-lowing the Parcher case, 23 Minn., 280.

In the case of State vs. Steams such, atax was held to be unconstitutional priorto 1&71, but the state court held that itwas validated by the amendment of thatyear. Whether the United States supremecourt would now uphold the latter partof this decision is a question for the fu-ture.

By judicial interpretation previous to1895 railroad property in this state wasgrouped under three heads with respectto taxation, viz., (a) that actually used;(b) granted lands and (c) other propertyobtained either by gift or purchase. Bynumerous decisions our courts have heldthat the gross-earnings tax embraces onlythe first two classes of property men-tioned.

Dcs Moines, lowa, Dec. 19.—Judge L.. I.Silvara of the Dcs Moines police court de-clared in favor of the whipping post incourt to-day. The Judge announced histheory in connection with the trial ofWilliam Garrett, who was brought up ona charge of drunkenness and beating hiswife. Mrs. Garrett had a sorrowful taleto tell, saying her husband did not worksteadily, that he could not let liquor alone,and that he contributed nothing to hersupport, and beat her. Judge Silvara saidhe wished there was some way by whichwife beaters could be adequately punishedand that he favored establishing a whip-ping post. In the absence of eny facilitiesfor applying the lash or giving the bas-tinado, Garrett escaped with fifteen daysin the county jail.

FIELD DEPUTY KEGDED

S. Dakota State Land Department

<on ld Make One Pay.

Special to The Journal.Pierre, S. D., Dec. 19.—Until last fall

the state land department had done butlittle in the way of securing plats of tractsor looking up tresspassers on state landsin the Black Hills. In September twomen from the office were sent to that sec-tion of the state and stayed until No-vember. They secured topographicalplats of a large acreage of state lands,and discovered several trespassers andsecured some revenue for the state whichwould never have been paid without suchan investigation. The returns to the de-partment from this source, from onecounty alone, amounted to $260, and othercounties turned in smaller amounts. Afield deputy putting in all his time inlooking after trespassers on state landscould bring to the state every year sev-eral times his salary and expenses.

BUYS FIFTY QUARTERS

Jobn E. Diamond Invests Heavily InSouth Dakota Lands.

Special to The Journal.Huron, S. D., Dec. 19.—John E. Dia-

mond, one of the pioneers of Brookingscounty, was here this week. He had beenon a land buying tour in Faulk, Spinkand Beadle counties, and picked up morethan fifty quarter sections of good farmland. He is of the opinion that Southl>akota lands will never again be so cheapas now, and that the opportunity to in-vest at reasonable prices will soon begone. He has cold most of his Brookingscounty lands at a big advance over pricesof three years ago, and believes that hisrecent investments will be equally -profit-able. As indicating the demand for farmproperty in this locality it is only neces-sary to note the daily arrivals of landseekers.

lowa Debtor"* Coup d'etat.Special to The Journal.

Waterloo, lowa, Dec. 19.—A West Side man, I

The question as to what property Is Iused in the operation of the road often 'arises and has been frequently decided ]in particular instances in this state. Each 'case must be decided under all of the cir- Icumstances, both remote and contingent.

The fact that railroad property waspaying a much less tax than other prop-erty brought about the so-called Ander-son law of 1895. By the terms of this law 'all unused granted lands of railroads wasto be taxed substantially as the propertyof other people is taxed. On Dec. 3, 1900,the supreme court of the United Sjtatesheld the Anderson law to be unconstitu-tional, reversing a decision of the Min-nesota supreme court upon the same ques- |tion. Whether the law of 1901 can avoid ithe pitfalls dug by shrewd corporation'lawyers remains to be seen. The ques- jtion as regards the four "land grant" com- Ipanics turns on the nature of the tax |previsions In their charters. Are these Iprovisions contracts irrevocable withoutthe consent of the companies? As early!as 1868 Attorney General Cornell ex- jpressed tttfe opinion that "the consent ofI

THUKSDAY EVENING, DECEMBEK 19, 1901.

Physicians Recommend Castoria/^JASTOKIA has met with pronounced favor on the part of physicians, phanna-

\u25a0 ceutical societies and medical authorities. It is used by physicians withresults most gratifying. The extended use of Oastoria is unquestionably theresult of three facts: First— The indisputable evidence that it is harmless:Second— That it not only allays stomach pains and quiets the nerves, but assimi-lates the food: Third—lt is an agreeable and perfect substitute for Castor Oil.It is absolutely safe. It does not contain any Opium, Morphine, or other narcoticand does not stupefy. It is unlike Soothing Syrups, Bateman's Drops, Godfrey'sCordial, etc. This is a good deal for a Medical Journal to say. Our duty, how-ever, is to expose danger and record the means of advancing health. The dayfor poisoning innocent children through greed or ignorance ought to end. Toour. knowledge, Castoria is a remedy which produces composure and health, byregulating the system—not by stupefying it—and our readers are entitled tothe information.— Hall's Journal of Health:

IflWP™^P^R^iflt» J8 The nd You Have Always Bought, and tvliieh lias been.J^BFg^F£E^zr"~^r =F j| in use for over 30 years, has borne the signature of-:---——r7~~rr ;r~r~~~ "\u25a0 7"'" M _ i - and has been made under his per-

Preparation forAs - :m £& jL/sr^fl^^Js sonal supervision since its infancy.simitating the Food andßegula- m v*t(^'^ *'GCCc#4/s+. Allowno one to deceive you in this.ting the Stomachs and Bowels of || AllCounterfeits, Imitations and « Just-as-good" are but;

: \u25a0 I Experiments that trifle with and endanger the health ofSJjS^^-.AEsdalXlai^i.iaaS^ M Infants and Ciiildren—Experience against Experiment*

PromotesDigestioß.Cheerful- h What I© f*AQTORIAness and Rest.Contains neither &E VtflßaS. I© \#n+£s 1 KJ/frk&lrbi Morphine nor Mineral. 11 —._...... . _ . «__^_,

_\u25a0\u25a0'-'. _„ «

NnT"NARroTir Dl l Castoria is a harmless substitute for Castor Oil, Pars-___ _____ if goric, Drops and Soothing Syrups. It is Pleasant. If;|l contains neither Opium, Morphine nor other Harcotio

ofoidßrSamuel PITCHER | substance. Its age is its guarantee. It destroys WormsPom,*;* Seed- |||jjj and allay Feverishness. It cures Diarrhoea and Wind&uiusa7ts- ) If Colic. It relieves Teething Troubles, cures Constipation,Amu Seed <\u25a0 I f| and Flatulency. It assimilates the Food, regulates tha

Ic£bZiL~seja,* \ i|; Stomach and Bowels, giving healthy and natural sleep.W"*r&f~ -I I The Children's Panacea— Mother's Friend.WirJurgrttn, Flavor. J

AperfecrßemedyforConstipa- I CEMOiME CASTORIA ALWAYS! Sour Stomach, Diarrhoea, M *

i Worms .Convulsions .Feverish- |i Bears tlie signature of___^rrtrr .

ness and Loss OF Sleep. ;|| v^*B^^^ ,^jr^"^'"\rir^w^\r x̂s^^

Tiis KM You Haio Always Bou^M| exact copy of wrapper. B| - in Use For Over 30 Years.aM>^ -. . ( \u0084,.>////. \W ' ' THE CENTAUR COMPANY, TT MUBHAVBTIICST. NEW YORK CITY.

the companies under the constitution wasnot necessary and it was clearly coni-petent for the legislature to change itsterms so as to require a different rateper centum of gross earnings." He fur-ther says in a case arising later: "A null-ification of the original comract is no-where prohibited by the constitution."

From a reading of the cases and opin-ions on the subject it would seem thatrailroad companies must stand on theunmodified territorial exemptions if theirtax provisions are to be held irrevocablecontracts. Now, as a matter of history,which can be verified by referring to thereports of the state treasurer, beginningin 1865., it is well known that none ofthe "land grant" roads have ever availedthemselves of the tax provisions of theircharters, but have with but one excep-tion (the Winona & St. Peter Railwaycompany) paid under the tax provisionsmade by the state legislature. By sodoing they paid a lighter tax during thefirst ten years of their operation, andhave elected to enjoy the benefits of statelegislation. It seems unjust to the peopleof Minnesota that ihe railroads shouldnow be permitted to evade any disadvan-tages to themselves by holding as a shieldthe territorial exemptions which they didnot see fit to adopt when it would havebeen detrimental to them to do so.

•It is a well settled rule of constructionof tax exemptions that the constructionwill be in favor of the exemption onlywhen the language will admit of no otherconstruction. The contract must be shownto exist. There is no presumption in itsfavor. Every reasonable doubt should be

resolved against it. When it exists it.should be rigidly scrutinized and neverbe permitted to extend either in scopeor duration beyond what the terms of theconcession clearly require. Ii is inderogation of public right and narrows a 1trust created lor the good of all.

From the foregoing considerations itwould seoni that the people of Minnesotaare not powerless to compel railroadsto pay their proportionate share of thetaxes, which they do not do at the presenttime. —William Furst,

Librarian University Law Library.

Costly Arms and Leys.

Artificial arms and legs, or commuta-tion therefor, will cost the federal gov-ernment next year over half a million,dollars. The average citizen will hardlyunderstand this outlay, but the old soldierwho has been supplied with an artificiallimb in place of the one lost in the Re-bellion can explain. Since 1870 the gov-ernment has not only paid $140,000,000annually in pensions but has also fur-nished artificial arms and legs to the oldsoldiers needing them. The governmentshould also provide "Golden Grain Belt"beer for its faithful soldiers, for it makesthem strong, healthy and happy. Brewedfrom the purest barley malt and hops,it should be in every home. To get it,telephone 486 main.

Winter TouriHt Rnten'.Great reduction in rates to ail winter

resorts. Call on Minneapolis & St. Louisagents.

m SILVERWARE TO REDUCE

— OUR iHMENSE STOCK.

Friday, per dozen O(3i£p white Kraiilte lining, nothing An qVJust received a new lot of high grade rove*. ua^H^r" 6*o 5̂-, Fray WtiSJOties, bodice pin. both old and At «A Si 1!"1Use -land **p «co Tea Sets, all re'

silver. 800 750 and.lt $1,00 .J^edtogell them quick; up from gjg

$. JACOBS & GO., Jewelers,518-520 KICOLLET AVENUE.

o#i&£l#£r£P?^ Mercantile

Formerly S. E. OLSON GO.

Draperies —Rugs.Price reductions will be very conspicuous on our Third Floor

Friday and Saturday. "

«-*: RucrcJKOmereS. 30x60-inch Standard Smyrna (not all

Extra Special Prices on SO odd pairs for wool), regular price 81.25 f\f\two days. —Friday and Saturday— VIPC

rep. spec. \u25a0 c»cii

, price price All Wool Smyrna Rugs— 3ox6o-inch12 pairs Damask Curtains $1.69 $1.10 and 26x54-inch—full line of colors8 pairs Damask Curtains ...^..$2.00 $1.45 —values up to $2.25 d* \u25a0g Sf\7 pairs Damask Curtains.... $3.25 $2.00 —this sale, only— *p I §OU5 pairs Damask Curtains..» $5.50 $3.87 each ! \3 pairs Damask Curtains $8.50 $6.75 Ot*ff»nt»l DlfO-C \4 pairs Mercerized Curtains.. .$ll.OO $8.75 viicilim K.UJ,». \4 pairs Mercerized Curtains $18.00 $14.00 Shirvans, Belooz, • Khurdistan^3 pairs Satin curtains.... $25.00 $19.00 Mlez and Guandjes— a noteworthy4 pairs. veiour curtains. . ..$37.50529.00 collection of choice patterns andAlso 25 odd pairs very popular Cheniie cur- hues—many large sizes in valuestain.i all late styles-no two pairs alike. > up to 835.00— C^F AAUeg. price $2.00, $2.75. $3.50, $4 90, $8.75 day and Saturday, n)^/3»"USale price $1.75, $2.00; $2.60, $3.85, $6.85 ' your choice, 0n1y.. .

Standard jp''"^^®fajSjilwl Sickness!

Medicinal l|S§fqpt^-yn ins *;i^;i*-*i Health!

CurseOF

DRINKCURED BY

WHITE RIBBON REMEDY.Can be given in Glass of Water. -Tea or Coffee

Without Patient' Knowledge.White Ribbon Remedy.will cure or destroy

the diseased appetite for alcoholic stimulants,, whether the patient is a confirmed Inebri-ate, "a tippler," social drinker or drunxaid.impossible for any one to have an appetitufor alcoholic liquors after using White Rib-bon Remedy. Indomed bymember* ofXV. C. T. I.

Mrs. Moore, superintendent of the Woman'sChristian Temperance Union, writes: "Ihave tested White Ribbon Remedy on veryobstinate drunkards, and the cur«« have bee.iDiany. In many cases the Remedy was givensecretly. Icheerfully recommend and indorseWhite Ribbon Remedy. Members of ourunion are delighted to find a practical andeconomical treatment to aid us in our tem-perance work."

Mrs. West, president of the Woman'sChristian Temperance Union, states: "Iknowof bo many, people redeemed from the curveof drink by the use of White Ribbon Remedyth?t I earnestly request you to give it atrial. Druggists or by mail, $1. Trial packagefree by writing Mr*.A. M. Tovrnaend (foryears secretary of the Woman's ChristianTemperance Union, 218 Tremont St.lioatun, Mans. Sold in Minneapolis byVlrjillDillon, 101 Washington avenue 8.

STORAGEHousehold rood* a specialty. Co-equaled facilities and lowMt rale*. ".Packing by experienced men.

BoyiTransfer ft Fuel Co., 46 Bo.TMrlßtTelephone Main 66?— both exchange*.

\u25a0 \u25a0 \u25a0 -. \u25a0-.-\u25a0-. - - .