Daily globe. [volume] (St. Paul, Minn.) 1878-1884, 1882-08-29
THE COURTS .
supreme Court.
SYLLABUS.

THE COURTS.
supreme Court
SYLLABUS.
The Board of County Commissioners of Scott
county, Minnesota, respondent, VS.. John ].
King and others, appellants.
X. was elected and qualified as county
treasurer for term commencing March II,
1878. In November, 1879, r. was reelected
to the office for the term to commence March
l, 1880. but did not qualify for such second
term as required by statute on or before Janu-
airy 18th, 1880. He continued to hold the
Office until June 81, 1850.
HeCd-COnStIuing the statutes that the
Office became vacant in respect to such second
term in such sense that K was not entitled
to administer it and that it became the duty of
the board OF county commissioners in ac-
cordance with the statutory requirements
after the failure of r. to requaiify by the 18th
DAY OF January, TO appoint person to the
Office for period TO commence March 1,
1880.
Inc liability OF the sureties upon the official
bond of X. (given upon his first elsctiop) for
the delinquencies of their principal after
March 1, 1880, is to be determined by con-
struction of the bond read in connection with
the statute relative to the term of the
office and prescribing conditions respecting
legal effect forms part of the contract So
considered it is held not to have been contem-
plated that r. after his failure to qualify for
the second term should remain in The office:
but rather that the office should be filled by
appointment. Hence the obligation of the
sureties did not extend to period subse uueut
to TIE end of the first term unless under some
circumstances for such further time as might
be reasonably necessary for the purpose of
filing the office by appointment. Notwith-
standing the fact that the statute provided
that the term of office should continue for
two ears and until a successor is elected and
qualified.
Suresies upon the official bond of county
treasurer are not liable for the conduct of that
Office in respect to moneys paid to him on
account OF principal or interest from the sales
of state school lands. Such money having
been undistinguishaby mingled with the
funds in the county treasury, upon proof only
of sub: equent dedication, loss or shortage
from the whole commingled funds SO that the
balance remaining was not sufficient to meet
the demand upon both funds, the sureties up
on the county treasurer's bond cannot be
charged with the whole of the deficiency
The judgment as to these sureties is re-
versed and the cause remanded for further
proce edings against them IN the district court,
which may be had notwithstanding the
Judgment as TO the defendant Ring is undis-
lurbed. DICKINSON, J.
The State of Minnesota, plaintiff, VS.. Ben
LangdOn, defendant.
Inc Incorporating act of the village of
WorthiDgton enacts that no license shall be
granted for the sale of malt. spirituous or in
toxicatlng liquors as beverage. 1t forbids
las construed) all sales for such purpose, and
imposes the penalty of fne or Imprisonment
for violation of such prohibitory provision.
1t gives authority to the common council of
the village, by ordinance, 10 restrain any per-
son from selling such liquors, sunless duly
licensed by the common council"
Held-First. That the power of the board of
county commissioners, conferred by the gen.
eral statutes 10 grant licenses within the
village, is not taken away, but is SO limited
that license can be granted only for sales for
other purposes than as beverage. With the
same limitation the village council may also
grant licenses. Second. That the general law
making it a crime to sell liquor in less guam
tty than five gallons without license is not
abrogated by the special act, but for such I'M
licensed sales one may be indicted and pun
ished under the general law.
Order of court below affirmed, and cause
remanded for further proceedings.
DICKINSON, j.
Municipal Court.
Before Judge Burr.
Andrew Olsen. drunk; five days in Jail.
Timothy Dillon, ditto, ditto.
o. K. Wilson, ditto. ditto.
Jacob Basser, drunk aud disorderly; fined
IS. Fine RENTED.
James Gallagher, drunk and -disorderly; Jail
ten days.
Thos. Cade, drunk and disorderly; Jail ten
days.
VIM. Graham, thirty days in Jail for being
drunk and dlsorderly.
John Peterson, drunk and disorderly; Iail
ten days.
Joseph Mcdonald, drunk and disorderIy;
Jail thirty days.
Ellen Gilmore, disorderly conduct; sentence
suspended.
Ole Week, drunk; Jail five days.
VIM. Nash, drunk; fined SIS. Fine remit
ted.
John Roman, disorderly conduct; placed
under bond in the sum of 500 to keep the
peace.
Fl. NJ. Sauerwine, larceny; held over to
await the action of the grand jury. Bond
fixed at 81 500.
Patrick Tierney, drunk; ten days in Jail.
G. Ford, w. Neudech and E. Harris, lar
ceny; continued to Aug. 80.
w. J. Flaherty, larceny; ninety days in jail.
j. II. Marony paid costs and case of OBJ
structiDg the streets dismissed.
d. May, violating cow ordinance; continued
till September 2.
E. Hogan, disorderly conduct; continued
till this morning.
Thos. Snyder & Co., violating slop ordi-
nance; continued till this morning.
Thos. Powers and E. Powers, assault and
battery; dismissed with reprimand.