New Ulm weekly review. [volume] (New Ulm, Minn.) 1878-1892, 1888-05-23

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ted Chief of Police for the time being.
Mr.. Anton Schaefer Of st. Paul is
paying q visit to friends in this city.
Chas. Leenhardt and Brother have
taken charge of the late G. Leonhardt's
foundry works. See their new ad.
Born. To Mr.. & Mrs. Theodore
Mueller, a son. The Review sends its
congratulations.
Kuetzing has just received a fine line.
of Dotted and Figured Swiss Lawns at
low price.
Mr.. Luther Nichols, the; hardware
merchant of Fairfax, paid us well
come call Monday afternoon.
Miss Helen George had the misfor-
tune, while riding over rough country
road, Of being elected from the buggy.
Happily the lady was not hurt, sustain
ing a few slight bruises only.
Mr.. William Pfaender is in Chicago
to attend the session of the Nord Amer
ikanisher Turnerbund, and will at the
same time look after business connect
ed with the Board Of Public Works of
this city.
A week from to-day on May 30th, the
militia. the Hecker Post No. 4S of the
G. A. r. and other societies will cele-
brate Memorial Day, and impressive
services will be held at the cemeteries
in this city.
The Sons of Hermann of this city
have purchased the four acre piece, val
ued at $500. from Theo. Crone, upon
which is situated the old distillery, the
ruins of which will be placed in con-
dition to withstand the weather and af-
ford visitors a pleasing sight.
Messrs. J. M. Thompson. G. W. Som
erville and L. G. Davis, Sleepy Eye;
M. G. Robertson, Springfield; j. H.
Bowers, Redwood Falls; B. F. Huston,
Winona; j. w. Seager, st. James; G. D.
Emery, Minneapolis; and A. M. Rutan,
Madelia, are the attorneys from abroad
attending court this week.
The fire at Mr.. w. Goodies house last
week demonstrated that the fire CON-
pany needs little more drilling, and
that the public in general is apt to i'm
| aggine itself the chief of the department..
Now. that the favorable weather has set
in it would be advisable that the Off
GERS urge regular drills, when no doubt
q short time will be sufficient to have
our fre-men fully prepared for prompt
dispatch of their duties.
We are gratified to publish the fol-
lowing supreme court decision, relative
to the suit brought by Brown county
against the Winona & St. Peter Land
Co., from which will be seen that Judge
Webber's decision has been confirmed.
The state of Minnesota, ex rel, The
Winona & ST. Peter Land Company,
relator, VS.. B. f. Webber, district Judge
ninth judicial district, respondent.
Syllabus: AS section 80, chapter IL,
General Statutes, 1873, provides for the
court which tries proceedings to enforce
payment of taxes upon real estate to
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and its decision only, if. in its opinion,
the point is of great public importance
or likely to occur frequently, mandam-
us will not lie to compel it to so certify.
Under the constitutional provision, Sec
ton 2, article 8, giving this court zap
pellate jurisdiction in all cases, both in
law and equity" the Judgment which
finally determines the rights of the par
ties in a judicial proceeding is subject
to review by this court, and if the sta
| tute gives no other mode for bringing
the record here, the writ of certiorari
may issue. Sc it may issue upon tax
judgment if on an application the court
below declines to certify under the
statute. A writ of certicrari to the dist
riot court may be directed to the Judge
of that court, where there is but one.
Where railroad company, to which
lands are granted by the state to aid
in the construction of its road, snch
lands to exempt from taxation until
..sold and conveyed, :" has sold the lands
and received the consideration so that
it retains no lien upon nor actual inter-
est in them, though it retains the naked
legal title only as trustee for the pur-
chaser. it has .ssold and conveyed
them within the meaning of the ex-
empting clause. following State VS..
Winona & st. Peter Ry. Co., 81 MINI.
472. In such case the effect in this
particular of the contract and the
status of the lands as to taxability
are not affected by the fact that con-
troversy between the parties to the con-
tract, as to the quantity and specific
tracts sold by it arose and had to be
settled by the Judgment of court.
The statute of limitations does not APP
ply proceedings to enforce payment of
taxes. Taxes for several years regular
" assessed and levied and delinquent,
but omitted from the delinquent lists
for the proper years, filed with the