The Redwood gazette. [volume] (Redwood Falls, Minn.) 1873-1940, 1876-12-14
MINNESOTA STATE NEWS,

The attorney for the Minnesota Central
Railroad has entered suit by mandamus in
the Supreme Court against the Supervisors
of the town Of Clark, Faribault County, to
compel them to issue $4,000 of bonds voted
by that town. 1t will be remembered that
the town, which includes Wells, voted $780,
600 in aid of the road. Only $4,000 of the
bonds have yet been issued. Hence the
suit.
THE total lumber cut by the Minneapolis
mills for 1876 is 1872 ST., OCO feet; shingles
manufactured, 10000, 600, and lath, 4,sCO,-
600.
On the 9th ult. the Supreme Court Chief
Justice Giltillan and Associate Justice Cor
nell concurring, Justice Berry dissenting,
filed ali opinion re-confrming the constitu.
tionality and validity of tn. Inebriute Asv-
lum law. The law provides for levying a
special tax of $40 on all wholesale and re-
tail liquor dealers in the State for the cree
ton and support of an incbriate asylum.
The principal point raised by the appellants,
and in which Justice Berry comedies, was
that the purpose and effect of the law was
raising revenue by special taxation and
traffic in Intoxicating liquors. The decision
has been awaited with much anxiety by the
liquor dealers of the State who formed an
association to fight the question in the
courts, and great majority of whom have
refused to pay the tx while the question
was in controversy. In the meantime plans
for an asylum have been made and the foun-
daton completed and contracts made for the
completion of the structure, viii h will be
done early the coming season. The follow.
ing is the text of the decision:
The principal question raised in this case was
direct presented and fully considered by the
court in the case OF the State rs Cassidy, at the
authorities cited and full constellation Of the aS
gumens OF counsel no good reason is discovered
for doubling the correctness of the decision
III that case. The additional point is presented in
this case that the law in gu ston is not operative
In the city of St. Paul because o. the provision in
its charter that mo g,ner law of this State con-
traeening the proy ions of this act shall be con-
sidered as repeating, amending or modifying the
same unless such purpose be expressly set forth
in such law: This point Is +, lily met by the dc.
CITY ofst Paul 70 M mr.. 81 wherein it was held
that provision contained in Il general law to the
effect that all Insurance companies doing 81
ally ay the Treasurer OF State two per cent on all
premiums received. and that such sum so paid
shall be i'll lieu OF all other taxes licenses to
be collected from said companies in the
State operated a repeal or modifca-
ton of the chatter Of the city. far as it
| conferred or purpoited to confer any authority
upon the Common Council to eSact license fee
from any such company doing business in said
city. although the purpose so to amend or repeal
the city charter in this respect was not expressly
and particularly stated in the general law. The
language of the statute under conSidt ration is:
All keepers of saloons or other places
where Sprituous, vim us, or malt liquors are sold
Or kept for sale within this State SHALL be ore
they shall be permitted to sell or dispose of such
- liquors. take out spec III
license in addition to any all other license Or
ice .ses, which they are or may be reuu:red by
| any law, ordinance or municipal regulation to
trke out Being thus alike to facts it is clear
that the present case D,ust follow that OF Prince
rs City of st. Paul us to the point under consid.
Grafton. Judgment appealed from affirmed.
The totals OF the abstracts of personal
property returned for taxation in the year
1876, rs cquaizcd by the State Board OF
Equalization, stand as follows: