St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1885-05-14
SALTWATER NEWS.
The Scaling Imbroglio--The Injunc-
ton Asked For Granted.
The Fire of Yesterday Morn1ng--The
Municipal Grind--Other News.
That Injunction Case.

Yesterday afternoon Judges f. nj. Crosby
and William M. Mcclure gave decision
in the injunction case of Surveyor General
A. G. Hospes of the First lumber district,
state OF Minnesota, against d. ToZer and
others, to restrain them from interfering
with him in the discharge of his office in
scaling all logs passing through and out of
the Lake st. CroiX.
The case was fully set forth in the Opin-
ions given by the judges. First, they held
that the surveyor general had a right to ask
for an Injunction, being an Office of the
state. Second, that the constitution of the
United States does not interfere with state
rights, so long as any state does not set up
claim that her rights are infringed upon.
That scale of all logs coming through the
Lake st. Croix, although part of them may
be cut in the state of Wisconsin, isrequired,
so as to determine to whom the different
logs may belong. Further that
1.-The laws of Wisconsin, as set forth in the
answer to the petition, do not conflict with
our statutes. They simply provide for the
scale by Wisconsin officials of logs cut in
that state, This does not in any manner
conflict with the law Of our state requiring
eral Nor do we think the rights Oh DOW
ers of the parties have been in any manner
affected by the law Of 1883, under which
the 'Lumbermens exchange is organized.
The whole object and scope of this law is
to provide for and regulate certain private
corporations. The language used for this
purpose cannot be strained so as to repeal,
by implication, a general law effecting an
entirely different purpose, and which evil
IDENTIFY was not in the minds Of the legisla-
tnre at the time this law was passed"
In conclusion they say: eve are there
fore of the opinion that section % Of chap
ter 80, statutes of Minnesota, requiring the
surveyor general to make the scale of logs
sought to be made by this action is valid
and binding enactment. That plaintiff is
entitled to the aid of the court in the prem
iSeS.
sit is therefore ordered that upon filing
bond in the penal sum of $1,000, condi-
toned as required by statute relating to in
junction, with sufficient sureties to be ap-
proved by one of the judges of the court, a
| temporary and provisional injunction issue
out of and under the seal of the court, re-
straining the defendants and all parties act
| ing in aid of them from in any manner in
| terfering with or preventing the plaintiff,
the surveyor general of the First lumber
district of Minnesota by himself orjdeputies,
from scaling any raft, brazil or lot of logs
not heretofore scaled by him subsequent to
the boom scale, before passing out Of Lake
St. Croix, OF being otherwise used or sawed.
And further directing and requiring said
defendants to give to said plaintiff notice Of
such logs in their possession in due time,
that he may cause the same to be- scaled"
The bond was filed with the requisite
sureties. This is only the beginning of the
fight, as all parties have both pluck and
means.