St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1889-04-02

Cuai tCl. OtC SCCtiOu ~ OF tlIl0 OIL
chapter Z of charter of 1887, which in
this particular has been the same for
many years. In proceedings to enforce
the collection of taxes under the gen.
eral laws of the state, the supreme court
has expressly so held-the provision of
the statute being, in this particular.
substantially the same as the provision
of the charter. See opinion in reargu-
ment in Chauncy VS.. Wass, 35 Mimi,
l, etc. Upon the question of publication
OF notice. this case is unlike the case of
Russell against ellison, because, among
others, the charter requires only that
the publication shall be in the official
paper of the city. 1t appears that the
paper with the heading the ''St. Paul
DAILY GLOBE" was recognized by the
city as the paper which had been Sc
lected as the official paper, and it APP
pears from the evidence that the paper
was commonly known as the ''St. Paul
GLOBE" The name by which person
or thing is commonly known and treat
ed is sufficient in legal proceedings.
The effect of this decision radiates to
maiy and great interests. The first
case which drew forth Judge Kelly'S
decision was begun in 1887, the court
rendering its decision in December of
the same year. Although the evidence
i'll that case was wholly different than
in the one just decided, it yet bore that
relation to it that it involved about the
same points and affected the same
principals. In that suit Judge Kelly
decided that the official paper of this
city was designated as the st. Paul
DAILY GLOBE, and that the st. Paul
GLOBE was not paper recognized as
as the official paper, and all tax sale
publications in such were consequently
void. The decision struck terror into
the hearts of the city treasurer and
other corporation officers. The council
and board of public works were beside
themselves as to what could be done to
remedy matters and make valid the
publication of tax sales which the treas
urer had made in the st. Paul DAILY
GLOBE, but which were set forth in
the certificate Of sale to have been made
in the st. Paul GLOBE. The council
and board of public works, notwith-
standing earnest protests by City Treas
urer Refs, ordered that all delinquent
property should be readvertiSed and
certificates made to read as provided for
by the ordinance relating thereto.
Here was an elephant for the
city treasurer, as we'll as everybody
connected with the municipality
who had published the city announce
ments pertaining to any of the other
offices. Treasurer Refs was compelled
to put on an extra force of clerks and
make his books to fit the occasion. The
whole unpaid delinquent list was re-
published at an expense of over $780,
600 to the city and great expense to
the individual incumbentS of every city
Office affected thereby. Delinquent tax
payers refused to pay, and when their
properties were to be sold, suit was
begun against the purchaser of the tax
certificate ON the city, and thus the
thing was Irrigated back and forth.
Treasurer Refs reports that there is
now about $125, 900 in certificates out of
the sale affected by this decision,
and the present suit is numbered
with those representing that amount.
Judge Brill's decision, which does not
reverse Judge Kelly's in any other
sense than above stated. decides the
very heavy extra expense to the city,
the more than double work and expense
of the city treasurer and other city
officials, the action of the council and
board of public works, and the vast
amount of litigation by delinquents, to
have been wholly unnecessary. Until
taken to the supreme court it will serve
to tranquiliize the hubbub somewhat and
confirms the validity of the publications
of the city officials. Attorney G. n.
Bell, counsel in this case, says he will
rest upon this decision and will not
carry it to the supreme court, as it does
not involve enough property to warrant
it. But of the S125,0O0 that is still out
there may be dozen suits brought
resting on the same principle in law,
and by that means the question may
reach the supreme bench.
LEGAL BRIEFS.
In the case of Wallace w. Thomas
against The Security Investment Com
pany and others, an action to quiet title,
Judge Brill decides that Thomas is the
owner in fee simple of lot 5, block 9,
Bazille d Roberts addition to st. Paul.
In the case of Edward Langevin
against Charles B. Lawton and John
III. Lawton, an action to recover rent
and obligation upon bond, Judge
Villas grants Langevin Judgment
Saturday afternoon jury was en-
paneled to try John BlOomquist, in
dicted for manslaughter in the first de-
gree for the killing of Quinn in a
drunken row on Payne avenue. Yes
terday the defendant pleaded guilty of
the same charge in the second degree,
which the court accepted, and dis
charged the jury.
John Padden and John Adams, young
boys, indicted jointly for larceny, were
discharged yesterday on nolle pros
equi entered by the state. County At
torney Egan informed the court that
the state could not find sufficient evil
dence to convict. John Twickel, indicted
with the above, was released from that
charge, but was found guilty of picking
mr. no To fGn ,4afr,
reform school. He is sixteen years old,
and was one of the three boys who at
tempted an awkward escape from the
custody OF deputy sheriff about two
weeks ago.
A nolle prosequi was entered yester-
day in the case OF Andrew Rebie, in
dicted for grand larceny in the second
degree. The prisoner has been in dur
ance since Dec. 5, 1888.
The criminal calendar is rapidly be-
ing cleared up by the prompt adjudica-
ton of Judge Kelly. The case of James
Ervine, a colored man charged with as
sault in the first degree upon Christina
johnson last December, was on trial
yesterday. H. P. Heath was appointed
by the court to defend the prisoner.
c. E. Jones, colored man, indicted
for assault with intent to commit rape
upon MarthaQKlett, upon privilege
granted by the court, pleaded guilty of
indecent assault.
Before Judge Kerr yesterday the case
of Charles Il. Miller against The ST.
Paul City Railway Company was being
tried. Miller sues to recover $4,000
damages for personal injuries sustained
while boarding cable car on Selby
avenue on April 2, 1888. One of his feet
was crushed.
Judge Villas. being abreast of the cal
endar, gave his room an airing, and
therefore held no court yesterday.
James Ii. Jaeoby and others against
Samuel Z. Dawson and others is a case
OF the same nature as that in which the
GLOBE was declared the official paper.
.IudGe Brill decidaS that Iacahu md