The Algona Upper Des Moines from Algona, Iowa on March 28, 1894 · Page 4
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The Algona Upper Des Moines from Algona, Iowa · Page 4

Algona, Iowa
Issue Date:
Wednesday, March 28, 1894
Page 4
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. AMOSA, IOWA, WEDKEBDAY, * * . * ' • - ..,^^,^..-,- m -^.. JJ .—. to 6n« one isapy, six months, 76 , ,.. . thfee months ....... .',,.,. ...... 40 anyaddfSssAtftb<J*erateB. Refflit by draft, mono* order, excess ofte, BOfltaifioteatanfnak. ., A1 ^ Hates of advertising sen ton application. . 1AW, One Of the best features of the wew f HqtlOr law Was stricken out before il passedi Itt the original bill section 16 reads as follows: . it'shall be the duty of the executive cduneil to see that the provisions of this act are enforced, and for that purpose they shall have the right to suspend -or remove ffotb office any assessor, county treasurer, member of the board of supervisors, or cbunty attorney who shall wlllfuily ueluse or neglect to perform any of the 'duties enjoined upon him by this act.' 11 This would have made enforcement the direct responsibility of the state officials, and what is needed today .more than anything else Is that the state shall assert its authority. The only possibility of the mulct law amounting to anything is by rigid enforcement. And that will not be secured any better with this law than it has been with prohibition if the state does not take it in hand. No now ' precedent would 1 have been established by this provision. . Iowa has for years been on- forcing law by state officials. In fact the most active and creditable Official under the late democratic administration was Judd Griggs, who, armed with state authority and a commission from Gov. Boies, went ranging over the state at will catching and prosecuting offenders against the game laws wherever found. The oleomargarine and bad milk law was enforced-in the same manner by Dairy Commissioner Tupper, also appointed by Gov. Boies. The best enforced law today in any county in Iowa is the United States internal revenue. law, where officials not only go where they please but on evidence' that is not disclosed take offenders to distant places for trial. It has been a fitting commentary on the ridiculously imbecile attitude of Iowa towards her own laws, that the same men who have said, as Mr. Meyers puts it, that they will "remain beyond the state's jurisdiction" as to liquor laws, have paid their internal revenue tax as religiously as though the evil eye were upon them. The pi-evailing idea in Iowa that by some right local sentiment should enforce law, and none but local officials be employed has uo foundation anywhere. As a matter of common law from time immemorial any suitor can have his civil case taken to a distant cbunty for trial when local sentiment is believed to be unfavorable, and it is always removable to a distant tribunal when the town or county are officially parties in interest. The only efficiency in a grand jury is that coming from remote townships no local influence in any one can shield an offender. And where local sentiment affects a county or locality the duty of seeing law enforced is brought at once to the officers of the state, and especially to the governor who is the chief officer of the law in the state. Of all the prize fights that have been suppressed in late years not one has failed on account of.-local sentiment or local officials. Gov. Boies recognized his right and his duty when he instructed the sheriffs of the counties through .which the world's fair cowboy race was laid to see that the law against cruelty to animals was strictly enforced. He failed in both when he allowed the open defiant nullification of the prohibitory law to go on without an active and .vigorous protest. And the republican administration will fail equally, if such public respect as can DO compelled is not paid to the present law, This provision should not have been stricken out. But as it is the state officers are still responsible. Respect for. law is the demand of the hour, This mulct law will be evaded. But if it is openly and notoriously disregarded and set aside the executive council and Gov, Jackson will receive aqd deserve the condemnation of all law abiding citizens. At any cost let 9, public show of respect for state authority be compelled in every county Ju Iowa. •ettiffifiht afid tha* i cy6fthu the thug s° Cofflplateiy at effleati the ward thleVe's as that Of Deft?!* , la this coftte« it IS the oltjr .bf DeWef'dgafnst the -state 1 . All fatt-mlndM ften Will Cfineede-that the" governor had the tight to reform the city government by the removal of objectionable officials. The stcftfetne court hasao decided and the tn- .junotiofi granted .was simply a bluff to override the executive power. I think it would .be unfortunate' to ag'oln .elect the present governor, but he is several thousand votes stronger today in the state than he was before the Denver police, with its edrrupt and rotten cohorts, Undertook to override state authority," SOttTtl dAUdtlNA The Sioux City Journal in. discussing M. J. Sweeley's lettei* Oh regulating the liquor traffic, published last week, refers to the various . plans suggested for coallzfng it .and negatives, all of them. It says: "The probability is that South Carolina will' abandon the attempt'before long." In answer to this the opinion of Gov. Tillman may be cited, In art article" in the February North American Beview he says that he— " Takes pleasure iin assuring the lovers of temperance throughout the land that tho dispensary.-system is a grand success, as compared 1 to'the saloon fro'trt any standpoint of the license system:- and that three- fourths of His fellow citizens are so much pleased with'it that it is safe to prophecy that never again will a barkeeper in South Carolina sell liquor by the drink under license from the state." NAMING KOSSUTH COUNTY. The death of the great Hungarian whose name was given to this county in 1851 makes of interest every scrap of news connected with the event. In another column THE UPPER DES MOINES gives some official history. To this it ds able to add the following interesting letter written ^by Hon. Chas. Aldrich of the Iowa historical department in response to a note of inquiry: DBS MOINES, March 28.—On Dec.' 10,1850, P. M. Casady, now of this city, then a member'Of the state senate, "gave notice" in that body.that he would "on tomorrow, or some future day, introduce a bill for nn act defining tho boundaries of 25 new counties." On the following day ho introduced " Senate Filo No. 5, a bill for an act to establish new counties and define their boundaries." It was read a first and second timo and referred to the committee on new counties. It was considered in committee of the whole and otherwise and finally passed, itt vvas also passed by tho senate, and returned to 'the house with sundry amendments, but finally became a law, after some differences wore arranged by a committee .of conference. Among the counties named by this bill was thatof Kossuth. "in honor of tho Hungarian patriot and leader, who was then making a tour of the United States." So says Mr. Casady in an article from his pen which is before me as I write. The bill became a law by tho approval of Gov. Briggs on the 15th day of January, 1851. You will find so much as refers to your county in Sec. 37, page 85 of the lows of 1850. More might be written about this voluminous law, but I think I have given you all tho facts in the case that you will desire. Very faithfully yours, CHARLES ALDHICH. M likely to be 1 a jft* a];d8ffi f fame build' tfig. BHdk Will be'dhe'fiper' {ft the ettd, Whitlemore .has OFgtInlfged a hew bftfid. and Ames both defeated taxes at'tfhe-B.pMBtf election, Chas. foster of BuH has gone to Ames to study electrical engiheerttigi fiurt Norton has come from Ltver- tnofe the paat week to attend school ttt Algona. Frank FatMnan of the Whtttemoife creamery, will run the new Irvington institution, The Hancock,signal says a man over there killed 18 want at.oneshot. That with. is a whop'pflr the season Bi'O. Platt notes that Colby is still to be tried at Algona, and saysi "Hooray for Colby and may he be left worse than ever." Mr. and Mrs, Chas. McCormack, well known pioneers of Palo Alto county, celebrated their 25th wedding anniversary last week. Our new boot and shoe firm, Brownell & Alfred, have bought the A. L. Horton store at Emmetsburg. They have a store at Garner also. So prevalent has the idea of utter disregard of state authority become in Iowa that in speaking of the possibility Of the retention of the prohibitory law J. Fred Meyers calmly stated last week: - " So far as Crawford county is concerned, tho continuance of the present law will not give much trouble. Crawford county will I'omain beyond tho jurisdiction of Iowa on this question." Lafe Young suggests that: "Other members of congress who have road about Brcckinridgo are not in favor of * Unveiling a Parallel.'" The Dubuque Telegraph advises buque to conform to the mulct law. Du- Sonator Allison said in his recent speech on coining tho silver: "The existing distress in our country does not arise wholly from any ono cause, but it arises from a variety of causes, That distress began in 1808, and it continues to this hour, and no panacea that lie or I could offer will restore it within tho next two years." Jennie L, Wilson is a new lawyer in Des Moines. She is a graduate of the stato university. •. • Sam Clark refers to Senator Funk as " always clear-headed and a clear thinker." Cases all over the United States show how important it is becoming to prpvide some efficient means for enforcing law, Denver has during the past few days been the scene of in? sqrreetion and almost of war on account pf an outbreak of the prevailing Assertion of municipal sovereignty, The press has taken occasion to j^dlcule Gov, Waite, but B, P, Clayton, pne p| Iowa's leading citizens, who was prominently mentioned as republican $|n4i4ate lor governor last fa\\ ajie! wfeo |s known everywhere as a careful §ad conservative observer, writes $fc§gjfcte, Register Irom Reaver, «8 an fye witoess pf the whole event, We don't see why the state should not doff its hat to Welker Given. He introduced the mulct and now it is, without very material modifications, a law. But few men in the world's history have seen their ideas crystalized into statutes insido of six months. _ Gov, Waite wins in Denver, The supreme court referred the contest to the district court and that sustains the governor and seats his new men. Our fishers at Kuthven will be interested in knowing that F. H. Giddings of that place is deputy fish commissioner. It will pay to keep an eye on him, H. H. Bush of the Signal is a grandfather. The little one was born last week at Hidalgo de Parral; Estato de Chihuahua, Mexico. It is thought she can survive. • Emmetsburg Democrat: P. O. Peterson of Fairfield has moved to Algona where he will live during the present year. Algona is getting some good Palo Alto material. The Emmetsburg Democrat notes that Kossuth is drawing settlers from Palo Alto. The draft hasn't been so severe since the mulct was applied to them at Whittemore. At a chavarari last week four miles west of Winnobago City, Mr. Houston, father of the bride, went to the door and invited the boys in. One of the crowd fired ^a revolver and, Mr. Houston dropped dead. He was troubled with heart disease and fright killed him. Last week Will Schultz had a cultivator shovel he was grinding wrenched from his hands by the emery wheel and driven into his foot at Lu Verne, and Axel Westroell at Burt, while cutting a piece of heated steel, had a chunk fly up into his eye. Both were seriously hurt. The Humboldt Independent says L. C. Smith has been down fixing out anew cigar factory and adds: "Mr. Smith is a genial, good-natured gentleman, and we have an idea will give the best of satisfaction to the department, ns well as to the customers of the department." Landlord Foote of Emmetsburg, who chased an absconding boarder to Algona last week, caught him at Ruthven. He owed §25 for board and excused himself on the ground that his company had not sent him expense money and that he was entirely out of cash. He put up a wntch and an overcoat as security for the payment of the bill. The first judge or peace officer in the United States to pronounce authoritatively against the slot machines was Judge Weaver in his charge to the grand jury in Fort Dodge. The Messenger gave wide circulation to that charge, several western courts soon followed, and now the police departments of most of the principal cities have put a ban on these devices. The Webster City Graphic tolls the following fairy story: Judge Cook of this city has been at Algona for some timo past trying the Plumley will case. He is representing the interests of Mrs. Dickenson in the matter and while the case is not devoid of sensational features it is also ono of the most important ever tried in that section. Those who heard Judge Cook make the opening address say it was one of his master pieces, and that the strength of it won the case for him before a line of testimony had been introduced. mm DEATH, Sortie Interesting History is by the Recent Demise of the Patriot, Thte Great Nbfthwest Tettltofy Was known as Fayett* County—The Famous Srackef dounty, Senator Colquitt of Georgia died Monday. He was one of the leaders of the anti-saloon movement in the south. Ex-Senator Geo, W, Jones, who celebrates his 91st birthday April 10, will be given a public reception by the legislature April 4, at the suggestion of Gov. Jackson. The April Midland Monthly has a local interest because of two poems by Miss Minnie Kirkup of Fort Dodge, who some years ago resided in Algona, and taught music. They are both very fine and are illustrated from pain tings by the author. Miss Kirkup is sister of Mrs. G. E. Roberts, wife of the well known editor; and ft stepdaughter of the late Geo. W. Bassett, well 1 known to early settlers in Kossuth. She is one of the leading artiste of the west. • «S*T- Spirit Lake is looking for a big run this season. The Hotel Orleans will open early in June under new management, and the, programme will be more elaborate than last year. WHERE DOCTORS AGREE, The Koasmtli County Medical Aeso-i elation Organized — Next Mooting April ID. THE UPPER DES MOINES is getting out sorno neat copies of the by-laws and fee bill adopted by the physicians of the county, who have fully organized an effective association. The following rules are in the right direction and should be read by all: Resolved. 1. That every member of this association be required to report to the secretary the names of all persons who have neglected to fulfill their pecuniary obligations to their medical attendants, after the expiration of 13 months. 3. That the secretary be required to notify such parties, by letter, that they are placed upon the delinquent list. 8. That the members of this association hereby pledge themselves to decline positively attending upon any parties on the delinquent list after 80 days' notice, unless the fee is presented upon solicitation of services. 4, That we are ever prepared to extend to indigent persons that aid and comfort which it has always been the privilege of our profession to otter them. OTJS JAOKBQN QBE- Old Congressman frpw District Causes the Trouble at Denver. It turns out that the Jackson Orr who is one of the chief actors in the war at Denver, is the same Jackson Orr who represented Kossuth, county in congress, He lived then at Boonesboro and was elected from the old Sixth district in 1871, and from the old Ninth in 1873. After that he joined Judge Ford, one of the most convivial souls who eyer held the scales of justice in northern Iowa, aijd both west Penver. Qrr became a populist was appointed one pf the police missioners by Gov, Waite, acco to the Boone Standard, but since ten they have bad a falling out, and the governor led out the troops to get rid The death of Louis Kossuth, whose niittie was pronounced by the native Magyars Koshoot, and whose name and fame the biggest ahd best county in Iowa is expected to carry to distant ages, recalls tt few items of early state and county history of interest. Up till 1861 what is ttoW'Kossuth was part of Fayette county and Fayette has several claims to endurihg fame. Fayette was a County of old .Wisconsin territory, having been set apart in 1887) while the territory,of Iowa was not established until 1838. It wus probably the biggest county that ever had ah existence. Its boundaries were described "the whole of the country lying west of the Mississippi river, and north of the southern boundary of the county of Clayton, extending westward to the western boundary of Wisconsin territory." This comprehensive boundary line Spread Fayette to the British dominions on the north, including all the state of Minnesota west of the Mississippi, all of the two Dftkotas east of the Missouri and_ White Earth rivers, embracing a territory of about 140,000 square miles. In 1851 the now state organized nearly all of old .Fayette, and in noting how many changes have been made since the original layout of counties, it is to be claimed for Kossuth that she never lost her name nor any of her original territory, but has absorbed Bancroft county entirely and at one time seemed likely to get half 'of Humboldt. Amongst those old 1851 counties now no more were Fox, Humbolt, Risley, Wahkaw, and Yell,,besides Bancroft. Fox Was named after the Indian tribe but was changed to Calhoun in 1853, Humbolt was divided between Kossuth and Webster in 1855 and when it was re-ereated in 1857 it gained a "d" in the spelling; Risley was what is now Hamilton county but was changed to Webster county in 1853, and Hamilton was taken from Webster in 1857; Wahkaw was changed to Woodbury in 1853; and Yell was what is now Webster county, having been joined with Rislev to make Webster, and then Risley being made into Hamilton. Yell was at one time governor of Arkansas and was killed at the battle of Buena Vista, and the counties 'of Clay, Hardin, and Yell were named for the son of Henry Clay, Yell, and John J. Hardin of Illinois, who were killed in that fight. A great many names were taken in commemoration of the men and battles of the Mexican war which had closed a few years before. But Kossuth undoubtedly drew what was considered as the chief prize, for in 1851 Louis Kossuth was not only a principal figure in European politics, but was creating as f reat a sensation as any foreigner ever id on American soil, noteyen excepting La Fayette, and his name the original of Kossuth, the big Fayette, bore. As first made the north line of Kossuth ran about 12 miles north of Algona. The county was attached to Boone in 1853 and to Webster in 1855 for judicial and election purposes. On July 1, 1855, Bancroft county was united to Kossuth and the north half of "Humbolt." Feb. 26, 1857, the Humboldt end was set back, and thereby narrowly escaped being gone for good, for in 1857 the new state constitution was adopted and it was the clause in that providing that no new county with less than 432 square miles of territory should be established that kept Bancroft county from getting back, and that afterwards killed Crocker county. Of course if Humboldt had been caught it could still have been organized. At least Kossuth would have been divided. There is a certain local interest in the new organization of Humboldt because Ezekial Clarke of Johnson, W. C. Stafford of Webster, and Asa C. Call of Kossuth were appointed commissioners to meet on the second day of March, 1857, at the house of E, McKnight and " proceed to locate a seat of justice" as "near the geographical center of said county as a convenient site can be found." Mr. Call and Mr, Stafford met and settled on Dakota City, and there the court house still stands. CROCKER COUNTY. In 1870 the legislature attempted to reorganize old Bancroft county and set apart Crocker county, and ordered an election of county officers, which was held Oct. 10, 1870, Greenwood Center was designated as county seat. The new county had less than the required 432 square miles, and the county officers, two of whom were Dr. Garfield and R. I. Brayton, brought a friendly suit to test the legality of the proceeding. Dr. Garfield sued Mr, Brayton for $10 and brought the case before J, P, Hawkee, justice of the peace of Crocker county, Brayton demurred to the jurisdiction of the court on the ground that Crocker county was unconstitutional. The demurrer was overruled and by agreement an appeal was taken to the circuit court of Emmet county and here the demurrer was again overruled, Then an appeal was taken to the supreme court. J, D. Springer of Fort Dodge was nominally appearing against the legality of the new county and Nourse & Kauffman of Des Moines and the y general O'Connor, for of him. Orr was an congressman, and tion while i« J°wa. able and genial a good reputa- Colorado polities eteM f hasr§ J am » so, g w& Is; m is tP get |30,000 for new BOrisal school bulldipge. We (leeirp to sell or lease oyr section J» THIS !HS!BQ«gQ90 avvuf Hvjr t£ojuoic*t, wwtmuui, lur 4v* Judge Day decided the case, which is reported in 33 Jbwa, page 16, As everything connected with the matter is of interest we publish the main paragraphs pf the decision: It is conceded that Crocker county has less than four hundred and thirty-two square miles of territory, and that the question of its constitutionality is involved in and properly presented by the record. Waiving, therefore, any consideration of the manner in which the subject comes before us, we proceed to the determination of the question, an early settlement of which is probably important to those interested in it. In 1851 the territory in question was constituted 9 county called " Bancroft," and the territory immediately south of it, including sixteen townships, was created into a &J»ty called '*B&w«h,» 4t tae saws time "Jtuwboit" county was created, T.UI... eottntles, iftd west et it Effltaet, Dldkifiaotit O*eeol« ftnd fiUfieottbe now Lyoft. In 1865 the counties of KosStith Bancroft, ftfid the north half 6f ttumbdl eduBty. were united Into one county calle KosButh, nftd the remainder of Humbol county W4s attached to Webstef. Ch. 141 Acts 1855. The territory continued ua ofg&ftized, and for election, Judicial an revenue purposes was attached to Webste cdunty, Acts 1855, ch. 142. Chapter 14 of the Acts of 18fi?, re-created and organ iz6d the county of Humbolt, out of towt ships 01, 92 and 98 of ranges 27, 28, 29 an 80, leaving north of it Kosauth county extending to the northern boundary of th state, and comprising six full and on fractional townships from north to south and four full townships from east to wes While Matters stood thus, the constitutto of 1867 took effect. Sections of article 1 thereof is as follows: "No new count shall be hereafter created containing than four hundred and thirty-two squar miles; nor shall the territory of any or gahized county be reduced below that area escept tho county of Worth, and th counties west of it, along the norther boundary of this state, may be organise without additional territory." The mean ing of this provision is thus explained a member of the committee who reporte the clause to the constitutional convention "The section, aa it now stands, is th section in the old constitution upon th subject, with the addition of the proviso which is rendered necessary from the fac that, upon a late survey of the boundar of this state upon the Minnesota line, was found that the county of Worth an the counties west Of it contain less territor than is required to make them constitt tional counties. Hence the reason fo offering this proviso, so that these countie might be organized with their presen territory." Constitutional Debates, vol. 2 p. 798. This provision of the constitution susceptible of but one construction. Th unorganized county of Worth, and the un organized counties west of it, conteinin less than, four hundred and thlrty-tw square miles, may be organized withou additional territory, but no new count shall be created containing less than fou hundred and thirty-two square mile. Crocker county is a new county, created b chapter 192 of the laws of the thirteent general assembly, and confessedly con tains less than four hundred and thirty-tw square miles. It seems impossible avoid the conclusion that its creation .i an infraction of the provisions of the con stitution. We have approached this case with strong desire -to sustain the constitution ality of this county, and have reluctantl yielded to the necessity of doing otherwisi In the eloquent language of appellee' counsel, we hoped "that Crocker count might endure as long as the name of brav men should be dear to the hearts of th people of Iowa." But law is inexorable and to its stern behests sentiment mus yield. . THIEVES NOW IN LIMBO, By a Luclcy Accident the Men \vJi Hroke Into Wolpert's Store Ar Xow Helilnd the Bars—How Thel Capture Was Effected, The capture of the two men wh burglarized .Wolpert's clothing stor last Wednesday night was one of thos lucky accidents by which villians ar usually foiled in melodramas. Noth ing like it has occurred in real lif lately in this section. Thursday nigh a travelling man at the Thoringto heard Mr. Wolpert telling about th affair. The next day he was on freight going west when the brakemai showed him some buttons that a coupl up in the box car had given him, am he remembered that Mr. Wolpert hai spoken specially about such button being lost. But the story is best tolc in a letter written by the travelling man to Mr. McMurray: EMSIETSDORG, March 24.—Dear Sir: Yes terday while in freight caboose going wes from Spencer to Earley the brakeman showed me a new pair of cuff buttons " tw fellers" in box car up in front had give him for a ride. On investigation I founi they were dressed in new clothes, shoes hats, overcoats, etc., such as I heard you clothing merchant tell you he had hai stolen, and I put the boys on and thej wired the marshal at Sanborn to take them in on the arrival of the train. I am certain in my own mind they are tho men wanted I will be in your town next week and yo> can tell your clothing man for me if h catches them that I want a new hat. Your truly, F. H, HILL. As soon as the marshal took them a Sanborn lie telegraphed to Marsha Dailey and the telegram came at abou II o'clock that night. The Milwaukei operator telephoned to the Tennan house and young Calkins went up am got the message and delivered it anc before 12 Dailey and Wolpert went u] and sent word to hold the men. Nex morning Sheriff Samson and Mr. Wol pert went west and had no trouble in identifying what was left out of th clothin?. The men are now in jail. They give the names John Anderson and James Marvin. They are tough lookin characters but are still wearing Mr Wolpert's new clothes, and are im proved in appearance to that extent, They got in the store by boring holes about the lock until it dropped out They went through everything, taking silk goods, underwear, jewelry, gloves clothing, boots and shoes, in all from $150 to $200. They did not touch the express in D, T. Smith's corner except to get some 80 cents from the money drawer. They claim to have traded the stuff off at Emmetsburg and Spencer. In any event they have but little left. Creek Items. Lotts Creek, March 26.—There has been quite a time with sore throats in this vicinity. At J. B, Butler's they have all been sick but him, and all includes two sisters who have been stopping with him, one all winter teaching the school. The other had quinzy and had her throat lanced three times, The baby's throat glands were swollen so badly that there was talk that they would have to he cut out, but at last accounts they were all better, Dr, Pride attended them- Mrs. J. H, MoKain had quite a time with her throat. She was better also com 8t last reports, The weather has put a veto on seeding lor several days. The school in district No. 7 menced the 22d, with Miss Lucy son in the chair, which speaks well lor her as she taught there last fall. They will have the same teacher in JSTp, 4 also, an4 we believe all were satisfied, which is saying considerable. P. J. Walker is well satisfied with Kossuth county land we think as he has three-fourths of a section now and wants another quarter. He seems to know ^ good thing when he sees it. E, C. JLashbrook and Jessie Stephen- eon have rented Root. Stepbenson's quarter for the ensuing year. We tTjlpfe & C. will have to get up aa4 get iWjJ !»m,mjep if DISTRICT COURT RECORD. A Kew Departure for the Conft Kooffl was a Brief Musical Entertain* ; ment Last f riday. But a Big Docket was Disposed df Sefotft That Happened—The Cases aifd Theit findings, On account of W. B> Quarton's Illness all cases IB court he was connected With were continued and an adjournment was reached Friday afternoon after 18 days of steady work, The last hours of the session-were enlivened by a darkey quartette, who came in and sung.. Asr they opened up some of those in the offices below agreed that Supt. Beect was singing'for the court. THE WHISKEY VENDER FINED, On hearing arguments by A. C, Ripley, Judge Carr set aside the order dismissing the appeal of L. L. Colby, the Swea. City whiskey peddler, from Justice Molinder's court, and set the case for hearing. At this point Ripley said that Colby would pay $60 and costs, in all $100, and 'Squire Raymond decided to accept. His policy has been< to take a fair cash fine without making, the county costs, and yet sufficient to run bootleggers out of the county. This will be the last of Colby. PLUMLEY WILL CASE STILL ON DECK. As soon as the verdict of the jury was brought in last week Mr. Clarke made a motion for a new trial, alleging error in the judge's instructions. The matter will be argued tomorrow at Emmetsburg by' Mr, Clarke and Judge • Cook. The case is sure to go to the supreme court whatever the decision is, RICHARDSON VS. EDWARDS. One of the jury cases tried was a suit brought by Mat. Richardson for several hundred dollars against John Edwards alleging that Johnnie bad sold machinery as his agent and forgotten to re- : turn the proceeds. Johnnie, defended . and set up a lot of counter claims. Among them one that the attachment was maliciously sued out. The jury after arguments by W. C. Danson and W. B. Quartern gave' Edwards a judg- < ment for $36 on his claims and of $4 on account of wrongful attachment and the latter carried with it a $25 attor-. ney fee for Mr. Quarton. • A FAMILY HORSE TRADE. H. Austin sued Jessie Hartshorn for $136 on a horse deal which had been made all in the family. E. V. Swott- ing was for the plaintiff and Sullivan & McMahon for the defendant. There was no dispute that if Austin was entitled to anything it was $136, but the' jury gave him a verdict of $35, probably ' on the theory that horse values had declined; A now trial was granted by the court on Swetting's'motion and it will be heard next term. GOOD ENOUGH'WELL THESE DAYS. " The Hagg brothers put-a well down for Geo. Ashelford which did not have • the amount of water he thought he ought to get for his money. W. L. , Joslyn explained to the jury that water was an essential part of a good well, but J. W. Sullivan showed them that in these days a reasonable moisture was enough, and the jury thinking of the Algona city well gave the plaintiff a. verdict of $46.90. : WILL GO TO THE SUPREME COURT. Callanan &Savery have sued Kossuth county for some $25 which they allege has been wrongfully collected in taxes. An order was made by the court which County Attorney Raymond appeals from. He says Callanan & Savery . have no claim to the money and. will not get it if he can pi-event it. Clarke & Cohenour for the plaintiffs. THE OLD CORWITH DISTRICT CASE. Judge Carr will hear written ai-gu- ments from Attorneys Clarke and Bradford soon on a matter of interest. After the Corvyith independent district was sustained it sued Prairie and Lu- Verne townships for taxes on the territory it had taken from them. An agreement was made that Prairie would abide by the result in Lu Verne, and Lu Verne lost the case. Since then the Ledyard district case has been decided and some new points brought out and Mr. Clarke moves the court to set aside the stipulation made by Prairie on the ground that the court in the Lu- Verne case did not pass on the essential facts in the Prairie case. If the court sees it this way Pi-airie will defend and the whole matter will be fought over again. THAT BIG $8,000 JUDGMENT. Some time ago THE UPPER DES MOINES related how Geo. E. Clarke secured an $8,000 judgment against the Minneapolis & St. Louis railway on account of the killing of a brakeman at Lu Verne, partially by the neglect of the railway lawyers to attend court and defend. The road has now filed a petition to set aside the judgment on the' grounds that they had forgotten the case, etc., and Mr. Clarke has filed a' demurrer, and the matter will be argued the first day of next term, which will be May 21, MARITAL INFELICITY, The suit of J. B, Weston for divorce; 1 ' rom May Weston on the charge of adultery was continued; The suit of Julia Meyer fop divorce ' rom Edward Meyer on account ol cruelty and desertion was continued, Minnie Shrader, who sued" Gust,. 31ake for $6,000 for seduction and' breach of promise settled for $100 out of court, " ••-••• SOME MISCELLANEOUS MATTERS, The application of James A. Coad to ,-et a pharmacist's permit to sell liquor n Germania is resisted by a petition" of citizens and the matter will come «p at he next term. ' The suit of the heirs of Harry Walk* ey to recover the 40 acres north, ol the Milwaukee depot owned by him preyi-' ous to his death is continued till next >erm, •• Jn the matter of the assignment of Geo. Sjmpkins & Son an order was made paying 70 per gent, of the claims utof funds on band, and Assignee Spencer was ordered to advertise and, elUbout $J,000 of notes and accounts eld by him for tlie firm. Alex Younie and S. H, MoUutt were °£ eth( ^ & the bay business at one me and Mr. Younw now sues Mr. Me- uttfor$?35. A motion to strike out fenry Servick. the

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