St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1886-12-25
house passed the bill giving the right of way
CONGRESSMAN STRAIT

house passed the Dill giving tne I1gnt VI way
to Mr.. Hill.
CONGRESSMAN STRAIT
saws the reason of the presidents veto of the
former bill was because it looked very much
like a measure for bid Tor rgnt
of way. He is of the opinion that II
will tend largely to open up the Indi M coun-
try for sett ement. 1t seems that it was gen.
orally understood at Washington that the
right of way measure was scheme agreed
upon by MeSsrs. Hill and BrOadwater. Col.
Broadwater, Dennis Ryan and L. Z. Cakes,
of the Northern Pacific, were at one time en-
deavoring to get right of way for line SINH
lar 10 Mr.. Hills. which was to connect with
the Northern Pacific at some point most con-
venient. NowMr. Hill will build from Devils
Lake westward to the Great Falls, and Mr..
Broadwater northward from Helena to con-
meet with Mr.. Hills line. The lands in
severalty bill both Senator Mcmillan and Mr..
Strait believe to be good meas
ure if practical. NO report on the
condition of affairs in Minnesota
and in Northern Montana has been submit
ted to congress by the secretary of the in
terror yet, although Commissioners Wright
aad Larrabee have probably reported to tho
commissioner of Indian affairs. Referring to
the coming session OF congress, Mr.. MCMILLAN
anticipates that only the Unfinished business
of last session will be acted upon. He pre-
diets that the river and harbor bill to cover
the fiscal year from July, 8, will be shorter.
but he is assured the Mississippi river will
get its full share of the appropriation.
THE SMOKE ORDINANCE VOID.
The Supreme Court Says the Council
Cannot Determine ust What is a
Public Nuisance.
In the supreme court yesterday an opinion
was handed down declaring that the ''smoke
ordinance as passed by the council is void,
because the council has no right under the
city charter to declare just what acts of
omission or commission are public nuisances.
Below is the syllabus:
The City of ST. Paul, respondent, vs.. c. D.
Gilhllan, appellant.
Syllabus-The charter of the city of st.
Paul confers no power upon the city council
to declare what acts or omissions shall con-
stitute a public nuisance. Ordinance No.
61S, passed by the City council Feb. 16, 1856,
declaring the emission OF dense smoke from
smokestacks and chimneys public nuisance,
is unauthorized and void.
Judgment vacated and complaint dismissed.
VANDERBURG, j.
Gilfllan, c. J., took no part in decision.
Adam Fetch, respondent. VS.. Henry Maude-
her, appellant.
Syuabus-Evidence held sufficient to sup
Judgment affirmed. VANDERBURG, j.
Yesterdays CASES.
The State, ex rel. L. B. Moulton, VS.. Ezekiel
S. Swarthout, espondent; motion of REALTORS
counsel to Quash all proceedings granted, re-
spondent not appearing.
Thomas Ross, respondent, VS.. the Silver 81
Copper Island Mining company, of Mime
sofa, r. L. Kelley and c. A. Hetfelfnger, ap-
pellants: argued and submitted.
S. A. Languin ct al, appellants, VS.. NJ. Z.
Fuller ct al, respondents; continued.
Board of county commissioners, Stearns
county, respondent, VS.. st. Cloud, Mankato &
Austin Railroad company; submitted on
briefs.
Elias Dillon, Levi Dillon and Isaiah Dillon,
appellants, VS.. Charles Porter, NJ. B. Abbott,
George w. Shelton and Elund L. Skine, re-
spondents; argued and submitted.
Jennie Sloggy, respondent, VS.. Lawrence
Dilworth ct al.,appellants; continued.
Cornelius Friezen, appellant, VS.. William
II. Bangs, Jr., respondent; submitted on
brie
The Evergreen Cemetery association of
Aldrich, appellant, VS.. Robert H. Armstrong
and FidelIa Armstrong, respondents; sub
mitted on briefs on part of appellant, re-
spondent not in.
w. NJ. Fuller respondent VS.. The Board of
County Commissioners of the county of Nor
rison, appellant.
Henry r. Farr, appellant, VS.. Frederick A.
Dunsmoor and Sarah L. S. Farr, respondents;
submitted on briefs.
Daniel Drigler, appellant. VS.. William
Gieseke, assignee of the defendant, Kiesling,
Keller & Co. ct al, reSpOn dents: continued.
Genevie Bueche, eXecutrix of the last will
and testament of Jacob Bueche. deceased.
appellant, VS.. the Insurance Company of
North America, respondent; same.