St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1889-04-10
ONE FOR THE RAILROADS.
AT Least One Section of the Hix-
son Freedom of Traffic Bill Is No
Good.

M AcdSC one ScCt1On OF the nix
son Freedom of Traffic Bill Is No
Good.
Judge Collins yesterday filed three
decisions in the supreme court. They
are:
State of Minnesota ex rel. George Ket-
chum, county attorney of Grant
county, respondent, VS.. The st. Paul,
Minneapolis Manitoba Railway and
The Minneapolis u Pacific Railway
Companies.
This was an action of mandamus in
stigated by the railroad and warehouse
commissioners to compel the defendants
to connect their respective lines of road
at place of crossing in Grant county.
Defendants appealed from an order of
the court refusing new trial, and from
Judgment requiring them ''tO immedi
ately provide ample facilities for trans
ferring cars from their respective
tracks, one to the other, at the crossing
or intersection specified" The proceed
ing was brought under the Hixson free
dom of traffic law of 1887, and Judge
Collins, in reversing the decision. files
the following:
Syllabus-Subdivisio A, of section
8, Of chapter 10, General Laws of 1887,
being part of act entitled ''an act to
regulate common carriers, and creating
the railroad and warehouse commission
of Minnesota, and defining the duties
OF such commission in relation to COM
mon carriers" is inconsistent with and
SO far SuperSedeS section l, of chapter
IA, General Laws 1887, known as the
freedom of traffic" act, as to operate
as repeal of said section.
Charles j. Deyl ct al, respondent, VS..
Chicago, Milwaukee & st. Paul Rail
way Company, appellants.
An action arising from Judgment of
the lower court awarding damages for
injury in all action at Merriam Park.
In addition to the question of contribu-
tory negligence, it was sought to deter
mine tue validity of an ordinance pro-
hibiting. greater rate of speed than
four miles an hour.
company, 81 Mimi, 4O2, followed
upon the proof required to Justify the
declaration that the ordinance which
limits the rate of speed of railway
trains within the limits of the city of
st. Paul is void, because of restraint of
trade and unreasonable.
g. Evidence In this case examined
and held insufficient to warrant a YER
dict and judgment for plaintiffs.
Judgment reversed.
Oscar Mohr ct al, appellants, VS.. Min
neSOta Elevator Company ct al, re-
SpondentS.
Syllabus-Q.) Stockholders in a cor
poration cannot exempt themselves
from the constitutional rule of personal
liability to the amount of their stock,
by organizing, in form, under chapter
H., General Laws 1878, known as the
manufacturing corporation act" and
alleging their organizations to be for
manufacturing purposes, when it is evil
dent, not only from the articles of asSo-
citation, but from the character of the
business actually transacted, that but
trifling part of it is manufacturing, and
that the primary object of the organize
ton and existence is the carrying OH of
business wholly foreign to manufacture
ing, following state eX rel.Atty. Gen.vs.
Mimi. TT. Co., decided at this term and
not yet published.
a. Assuming that the insolvency
law. chapter 14S, General Laws 1881, in
cludes and applies to corporations, re-
lease of debt due from corporation
by its creditor, and judgment of a
court thereon diScharging the debtor
pursuant to the provisions Of said in
SOlvency law, releases and discharges
the stockholders in said corporation
from the personal liability imposed by
section of article 10 of the constitution
of the state.
Order and judgment affirmed.
The routine of the supreme court was:
Argued and submitted: John f.
Broderick, respondent, VS.. Beaupre &
Keogh, appellants; Thomas Maylone,
appellant, VS.. City of st. Paul. respon-
dent; George c. Harper, appellant, VS..
East Side Syndicate, respondent; Sec
Ond National Bank of ST. Paul, respon-
dent, VS.. Howe Bros, appellants.
An examination of candidates for ad-
mission to the bar of the supreme court
of the state will be held Friday, the Goth
inst.