Daily globe. [volume] (St. Paul, Minn.) 1878-1884, 1881-04-28
THE COURTS.
S,.nre,ne Court.

Supreme Court.
This court met at $50 yesterday morning
and heard the following causes: Al
No. 43- Harvey Gllett, appellant, vs.. NJ. o.,
w. Truax and Peter Fischer, respondents.
Argued and submitted.
No. llO-James Karson vs.. the M. q st. T:
Railroad company. Motion to dismiss appeal
denied. ~9AA
Adjourned to $50 this morning.
OPINIONS. s zi, u r
Levi L. Cook, respondent, VS.. Frank Slocum,
as treasurer of Hennepin county, and the
City of Minneapolis-the City OF Mlnneapo-
lis, appellant.
Widening and Strengthening
shed in q city is local improvement within
the meaning of sec /, art. 9 of the cOnstitu-
ton.
In ordering such an improvement to he
made under secs 9al d III, sub CHI. ~, of the
charter of the city of Minneapolis, en- %,
special laws, 1878, the common council sub
stantlaly determine that the benefits which
will accrue TO property locally affected by the
Improvement will equal the cost Of paying
for the lands taken or injured by it.
and its direction tO the commissioners ap-
pointed to ascertain the amount of such dam
ages and compensation, and 10 assess the
amount thereof upon the properly to he bene-
fted III .rtby Is equivalent tQdirecting them TO
ascertain all the lands which will be locally
benefited 10y the Improvement, and to appor-
ton the amount upon them in proportion to
the benefits Received by each
The report of the commissioners IN sucn
case, stating the amount of damage and COM
pensation as TO each piece of Land taken or in-
jured, and III, It 'they then assessed theam"unt
oi such com ensatiOn and damages sU award
ed yon the lands and property benefited 10y
such proposed Improvement, assessing the
same upon the several parcels IN proportion
to the benefits which each parcel VIII receive
FROM such improvement comfortably +, The
rules aid down in said city charter IN that b.
half, and that schedule attached to and made
part of the report, as such assessment list
shows that they have assessed the benefits or
all the property benefted.f -.a .
Where in Strengthening a street, land on one
side is released from the public servitude thai
is a benefit to the tract OF land to which THE
land SO released belongs, which may be con
si.ered by the commissioners IN assessing
benefits upon such tracts. The report IN sucf
case, WHEN part only of u tract is tn be taken
aud the dam ,ges for taking such part is re
parted, need not state that in estimating th'
damage the commissioners took in consider
alton the benefits to the part of the tract no
taken.
Order reversed.
CORNELL, j.
In the matter OF the proceedings I'd enIoTc'
payment of the taxes remaining delnqnen
on the first day of June, 1879, IN the count.
of Hennepin, State OF Minnesota-Thotna
L. G. ace, as to lots |, 2, 3, 4, 5, = and il
| block s; Bottineau's addition TO st. Anthony
defendant.
Syllabus-A building which is devoted sole
" to the usrs of a parochial school, whei
children of Cath ,lc parents are received am
Instructed in such branches of education a
are taught in the public common schools, an'
also in The teneis of the Catholic faith, nj
C ,mpeusalion being eXacted therefor, ait
where children of parents holding other re
llgious views are also admitted upon equa
terms, with the privilege, however, of receiv
ing religious instruction or not, as such par
enls may choose, no pecuniary profit being
contemp plated or desired from the school, i
exempt from taxation under article y, section
3, of The CONSTITUTE N, and chapter IL, section
5, of the general statutes of 1878, passed il
pursuance thereof.
Such exemption extends to the land occu
pied by the schoolhouse, and such cOntiguOu
land used in connection Herewith as play
ground for the children as is not unnecessar
ily large for that purpose
A parsonage, including the land belongin!
to it, is not exc apt from taxation as churcl
property used for religious pur loses, follow
ing on this point st. Peters Church VS.. Com
mlssioners of Scott county, IL Mimi, 295.
-ee CORNELL, j.
concur in the result in this case, but doub
that the school comes under the head o
sspublic charities in the constitution. 1t i
within the meaning of that instrument
''suminary of learning" and as such exemp
from taxation. 6ILFILLAN, c. ].