The Saint Paul Globe from Saint Paul, Minnesota • 12

12 BOWLBY'S BIG GIFT SALE Is the biggest success of the year; it to be, it gives the good people of St. Paul the unequaled creations of Stein-Bloch Co. and Rogers, Peet makers of the best clothing on earth At Exactly 50c on the Dollar. in our stock. You'll find iYiCII 'JRIU JfiflF suits and because this sale them on separate tables with "HA Was instituted because of the the old prices on them.

necessity of turning this Plenty of extra clerks to wait mk UfaiM clothing into cash before Tan Plenty 01 extra clerks to wait WB wmmHnnn nWW 'HP' ist, we are forced to make on this a strictly cash sale. Bowlby I Rmvihv Co $28 Hen's Suits. $14.00 $22 Hen's Suits. $18 Men's Suits. $9.00 bixtli and KObert, 5 rien's' Suits.

$7.50 $14 Men's Suits. $7.00 $12 Men's Suits. $6.00 Sixth and Robert. 11l IN All SUIT FOR POSSESSION OF TELEGRAPH LOTOS LOST BY RAILROAD by judge lochren It Conclusion of Argument He Verbally Decides Thnt Telegraph. Companies Enjoy All Their Old RtelitK.

Judge Lochren, of the United States circuit court." late yesterday afternoon rendered a verbal decision in the big law suit between the St. Paul and Manitoba Railway Company (now the Great Northern) against" the Western Union and Northwestern Telegraph Companies in favor of the telegraph company. The decision was a very lengthy one, and will be filed some time this week. Judge Lochren held, that the rights of both parties were the same at tha expiration of the contracts as they were during the operation of the contracts. The court allowed no costs in the case for either side.

Ju.ige Dillon, for the Western Union company, finished shortly before 11 o'clock yesterday. He stated Hun the Kraut to the Manitoba by the government was a bounty, pore and simple. Ji was i mmaterial whether the grant was a fee or incorporil Under the act of Feb. 2-1, ISW, ttau Manitoba was incorporated arid received Its power. Under that act this cojipany was born, subject to legislation.

The Manitoba? under this was a government road, and any telegraph company had the right to operate a line of telegreph along the road. The act was ir aid of telegraph construction, and dictate! by public policy. By Its terms the government could acquire possession of telegraph The actii'U these telegraph companies could not be circumscribed. Such a company. panoplied with national authority, could enter any state and occupy the public, domain.

Consent only in the case of private owners was required. The telegraph company could go on any military or post road, even such roads were built anterior to the act of 1566. The Western Union had the consent of the Northwestern -company, and the con- BCHOGHI Main Store, 7th and Broadway, Uptown Store, Library Building. (Plenty of fine Christmas Tress. 15,000 pounds of Fancy Dry Picked Corn Fed Turkeys, Geese, Ducks and hckens.

Spring Turkeys, 7c Ohickens, pce rnd 6c Fresh Oysters. rt 25c Walnuts, 25c Mixed Candy, eid 7c Oranges, 25c igs, 3 or pounds 25c Golden Thread Sauerkraut, 9Kn er gallon We have the finest lot of Canuies in the city. Our own make. FINEST TABLE RAISINS. Apples, $1.75 up iPium Pudrfing.

Schoch's highest quality Fruit ake. Schoch's Christmas Bread. ffnffpP Schoch's Private Growth, A UUIICB, per pound 4UC fjnffpo Best Java, t-WNcB, 3cunc 5 $1,00 OPEN MONDAY EVENING. FREE PRESENTS FOR CHILDREN TO PARENTS WHO ASK. Imported German Bristle Clothes Brush Free to Gentlemen Visiting Our Clothing Dept.

Tomorrow. Pc-nt of the plaintiff company to go on I the righit of way now occupied- Whatever the right of the telegraph company to remain, there could be no I question as to the ownership of the wires and poles, because the company paid for them. He had heard of no bill of sale. Judge Young closed the case for the plaintiffs. He said the case should bs decided on pure questions of law.

The court was dealing with certain definite matters. There was no occasion to go back to antiquity to decide the rights of the plaintiffs. Neither of the old I tracts were assigned or leafed to the Western Union. It must stand on the contract of '82. None of the telegraph I lines referred to.

in the bill were built under the old contracts. Mr. Young mide a strong plea and when he finished shortly before 4 o'clock yesterday Judge Lochren gave his decision which in substance, is as stated above. The suit has been pending since 3503, but did not receive a hearing until last Thursday, when argument "was commenced before Judge Lochren. The intervening time was all spent in taking evidence out of court.

Stated in its briefest form, the case involved the ownership and control of the telegraph lines along the right of way of the Great Northern Railway company from this city to the Pacific coast. The value of these lines is between two and three million dollars. The telegraph lines were built jointly by the railway company and the telegraph companies, under contracts specifying the rights of both parties for a period of ten years. The agreements expired several years ago, and the railway company claims that the ownership of the wires reverted to it, with all the improvements that have been made. the absence of any clause specifying a perpetual interest in the lines on the part of the companies, it was claimed that as the contracts have expired the' railway company is the sole owner of the telegraph lines in dispute.

The telegraph companies had been offered reasonable compensation for any interest they might think they owned in the lines, but they refused to accept it, claiming that they were still part owners of the system of wires and The array of counsel in the case was imposing. For the railway company M. D. Grover was the chief pleader, assisted by George B. Young.

The Western Union company was represented by Judge' John F. Dillon, of New York; Rush Taggart, of Chicago, and C. M. Ferguson, of Minneapolis. George C.

Ripley and Leon Lum appeared on behalf of the Northwestern Telegraph company. An important factor in the case was a contract wit't the Northwestern com- I pany in 1870, known as contract In this was the following- paragraph: "The telegraph company will" construct a line of telegraph plaintiff's right of way; both parties may establish telagrap'h stations: the telegraph company to indemnify the railroad for claims; the Coffee, pSTcun douse. Ja: 25c Palms, a 25: 50c Queen Olives, 50c Mince Meat, 25c Jonathan Cider, 20c Bents' Water Crackers and Roquefort Cheese. Fine Canned Goods of all descriptions. Fine Apples.

Bananas and Persimmons. CIGARS! CIGARS! Jackson Square Cigars, 25 in 90c Key West Perfectos, 25 in box $1 60 Diamond Crown, 25 in 1.00 I La Feista, 25 in a i 00 Black Bat, 25 in a 1,00 I Wedding Bouquet, 25 in a i.m! SigKt Draft, 25 canister i 00' ful Hng of imported key West' and Domestic Cigars at rock bottom prices I llSe us over before buying; also a fine line of imported pipes. iiiiiiiifHii The Northwest's Greatest Stjrji, Broadway. 7tli St. Peter.

Vbsolutely Reliable (irocerias. THE ST. PAtTt SUNDAY, DECEMBER 23, 1900. parties being equally interested, the telegraph company to furnish the material and the railway company the labor, the telegraph company to furnish the instruments, batteries, the railway company will transport free of charge men and materials." It was covenanted in the contract that the telegraph company should pay onehalf the expense in constructing the telegraph line; the railroad companies to receive and transmit commercial messages; the railway company not to transfer men and material for competing lines; the 'telegraph lines to form part of the general system. It was mutually covenanted that where there were two wires each was to have the exclusive right of one; either to string an additional wire or wires at his own expense; each the right to use the others wire in case, of a breakdown; each to have the right to readjust the contract at the end of five or ten years.

The North-Western constructed 853 miles of poles and 1,537 miles of wire up to May 7, ISSI, when the North-Western turned over to the Western Union all its business by a ninety-nine years' In July the plaintiff company was notified by the Western Union of the lease. The North-Western had been notified by the plaintiff company that its telegraph lines along the right of way were in bad con- THE WORLDS CONGRESS OF ST. NICKS OF AIL NATIONS. A Convention of Kris KHnglcs Arranged by Santa Clans for the Pnr pose of Perfecting? System of Cooperation to Insure the Facilitation oi a Complete, Equitable and an Accelerated Distribution of Gifts. dition.

The later promised to make repairs as per the contract. In contract there was no provision' authorizing a transfer of the telegraph lines either by lease or otherwise. The plaintiff contended that the lease meant cancellation of this contract Negotiations followed based on the objections of the railroad company to the transfer and the upshot was a compromise contract to rui for ten wears, at the end of which, the Western tfttloii vvuuld cease to operate telegraph lines alon? plaintiff's road. Tlie new Contract was executed July 1, 5882, and under its provisions the telegraph companies agreed to furnish the material: the railway company, the labor; the telegraph company, the labor and material for extensions; the Western Union had the exclusive right along plaintiffs right of way as against competing companies; the plaintiff was pre- cluded from building a telegraph line, and the contract was limited as to time. The defendants maintained that contract abrogated contract and that the defendants were estopped to make a new contract; that neither of the defendants could claim anything under contract and that as to lines built since July, 1882, neither defendant could claim anything under contract A.

The contention of the defendant in brief was that contract A is still in force; that it was not abrogated by contract and that contract expired by limitation. The contract, expiring in 1892, the railroad company claimed the lines to the absence of specific mention as future interest in the wires, poles or improvements. Yesterday George B. Young and Judge Dillon, of New York, closed for their respective sides, and Judge Loehren imj mediately proceeded to deliver oral judg- I ment, in which he stated that the rights of the defendant companies were precisely the same after the expiration of the contract as during their operation. Judgment was accordingly given for the defendant, and costs were denied either side.

RUDD ON THE JUDGMENT. Manager W. Rudd, of the Wastern Union company, said last night that if the decision had been adverse to the Western Union, every railroad in the country operating telegraph lines under contract with it would have terminated its contract, and either operated its line independently or would have entered a consolidation of interests in opposition to the Western Union, Seeks to Quiet Title. De Witt C. Ruff nas brought suit against William Dawson Jr.

et al. to quiet title to a lot in Summit Park addition. Sues the Street Railway. Robert A. Totten has commenced an action in the district court against the city railway company to recover $600 lor personal injuries.

Totten alleges in his complaint that while rdiing in a wagon at Wabasha and Fourth street, Sept. 5 last, the wagfcn was struck by a car, throwing him out and bruising his side, arm and head. He also claims to have received a shock to his nervous system. Says He Is Bankrupt. William Marquardt, living at 845 Carbon street, a street commissioner in the City engineering department, yesterday filed a petition in voluntary bankruptcy in the United States district court.

He places his liabilities at and assets at $309, of which is claimed to be exempt. Marquardt was a member of the firm of Marquardt Co. To Realize on Bank A.ssets. Gustav Willius. as receiver of the Germania bftnk.

has commenced an action in the district court against John F. Bruggemann and Mrs. E. Rochat to recover $1,614 alleged to be due on a promisory note. Will Hold It a.

Month. Judge Jaggard, of the district court, yesterday continued further hearing in the divorce case of Anna L. Dickson against Peter Dickson for thirty days. In the meantime the children will be in the custody of the mother. GINNER IS OUT AGAIN.

Bishop of Church of America vasses for Installment House. Samuel G. Ginner, who organized the Minnehaha Mutual Life Insurance company, the order of Minnehaha, the church of America, ''which is the church of God," except that he was to be next in rank, and who was sent to the state prison for irregularities Yin connection with the insurance scheme, has been pa-" roled. "Dr." Ginner -Is" now working for an installment publishing house, located Seventh 1 In Behalf of Temperance. A public meting in the interest of temperance work among the G.ermans r.

of Minnesota will be; held this afternoon A FEW RARE OFFERINGS: 8F LIBRARY TABLE, worth $20.00, $14.00 LADIES' WORK TABLE, worth $18.03, for $12.00 Pr SIDE TABLE, worth $12.00, for $7.00 LEATHER COUCH, worth $75.00, $50.00 Our Furniture designs ars beautiful and exclusive. We suggest to gift buyers a visit to our store. era nSu I wIIBBvHaBSBaaH HIS 16 SIXTH STREET. 3 o'clock, at the Bethelhcm German Presbyterian church, corner Pleasant avenue and Ramsey street. All Germans are cordially invited to be present.

NOT BITTEN BY FROST. Christmas Edition of Brcozeletx, tlic Laurel Club's Paper. The Christmas number of Breezeiots, the Laurel Cycle club's paper, is handsomely illustrated, and contains, besides a number of interesting departments, a large amount of advertising, tastily gotten up. It reflects a great deal of credit on its editors and on the club. Grants Empire a Licence.

Mayor Smith has signed the resolution granting to Ella Weinholzer a permit to run the Empire theater. Mayor Smith yesterday attached his signature to a number of minor ordinances making them laws. South Dakota. I'rljan Census. WASHINGTON, Dec.

population of certain incorporated places in South Dakota, having a population more than 2,000, but less than is as follows: Aberdeen, Deadwood, Lead, Madison, Mitchell, Pierre, 2 3.6; Watertow.n, Yankion, Sioux Falls, Vermillion, 2,183. i DEATHS at his late residence, 231 Cliff Dec. 22, at 6:45 p. John Mahoney, aged thirty years. Notice of funeral hereafter.

i St. Paul. Friday, Dec. 21, at 8 p. at late residence, 166.

Edmund Thomas Cloonen, aged seventy-five years. Funeral Monday, Dec. 21, at 8:30. Services at St. Vincent's church at 9 o'clock.

St. Paul, at family residence, No. 660 Western Saturday. Dec. 22, at 3:45 a.

Mrs. Mary McNearney, aged thirty-six years. Funeral from above residence Monday, Dec. 24, at 7:45 a. service at St.

Vincent's church at 8 a. m. St. Paul. Dec.

22, at the residence of her uncle. A. Messer, 39 MEfckubih street, Sadie A. Sargent, daughter of P. J.

Sargent, aged twenty years. Notice of funeral hereafter. WM. E. NAGEL.

F. C. LISTOE. William E. Nagel Undertaking funeral directors and embalmers.

Lady attendrnt, If requested. No. 522 Wabasha street, between Third and Fourth streets. Telephone 508. day or night.

ANNOUNCEMENTS. THE TRUSTEES OF THE STATE SAVings Bank have declared a semi-annual dividend at the rate of 3 per cent per annum- for the period ending Jan. Depositors entitled to interest will please present their books for en: try after Jan. .20. The new interest period begins Jan.

1, 1001. ALL DEPOSITS MADE OX OR BEFORE JAN. 3 WILL BE ENTITLED TO 6 MOS. INTEREST JULY 1, 1901. JUL.

M. GOLDSMITH, Treasurer. Celebrated Female PoTyden never fall. DM IA Celebrated Female fC rlnO Powdort never (: Eu MLfk lIHI ture (ifler foiling Dr. Boston, Macs.

Bowlby Sixth and Robert. EMIL GEIST'S JEWELRY STORE, 62 East Seventh Street, 0 You Will Find Silverware from 25a to sloo 9i.0o rt050.00 AH Goods Warranted Remember Xmas is near. wLB Wu. fen a irfA 1 424 Wabasha 3tr33t, ST. PAUL, Teetn extracted positively without pilii.

I No charge where othar work it ordered. Best teeili on Am. rubber. gold caps or without plates ir peclalty. A protective jruaranteo with nil work.

Call and see specimens and sat eiti- mates free. DR. E. N. RAY, I 424 Wabasha E.

7i'i Emm.to Bold. On to your money and to spend less than your income. Fortunes are built in this Daposit your savings with us. We offer unusual opportunities for saving to wage earners. Deposits from $1 up are received to open an We pay interest on deposits.

THE NORTHERN SAVINGS BANK, Cor. Sixth and flinnesota Sts. MONEY On Good OF ANY KIND. We have the money and want to LOAN. lean it.

H. FEGELSON. '31 East-Seventh St. Paul. jl NEW prices REASONABLE.

(' i a a hi pi Get details before MR MLI I Lj IfIHIILL Made only by 1 V- nAHLE WAQO.N CO. I 1 Delivery Bth Olive st. Paul SLEIGHS. wfntor 011' RIPAIRS now! VARICOGELE We can cure these two afflictions in 5 days. Call or write.

Consultation Free. Net a dollar need be paid unless riiinesota State nedical Institute. 8 Corner Fifth and Robert, St. Paul, Minn. a.

m. to Bp. m. a. m.

to Ip. m. 98 RUPTURE eg AMATEUR PHOTOGRAPHERS. If you use for paper plates or films Universal Developer and also the Green Hypo Fixing Bath- made only Dy Picture making will be plain sailing and your, work will be commended. For sale in every city of the United States..