Bismarck weekly tribune. [volume] (Bismarck, Dakota [N.D.]) 1884-1943, 1890-05-09
The Calendar was Read Tuesday
and Opinions Delivered by
the Court.
Resolutions Of Sympathy were Adopt.
I'd for the Family of the
late M. w. Greene,
Supreme Court.
TFrOm Wednesdays Daily.]

~ CluCh IT, III SlllCl OuSClCC OOillSS uuu AS
sociate Justices Wallin and Bartholomew
came from the anti. room at the court house
and took their seats in the presence of a
i goodly number of the bar already assem-
bled The attorneys who had not already
taken the oath prescribed for admission to
practice before this tribunal arose and
CLERK Hoskins proceeded to administer
that Formally according to the require
ments of law.
The court calendar was then called and
three cases were reported ready for argu-
ment, one to be- ready next Saturday; two
or three "passed" and others continued to
the October term.
q The court then proceeded to deliver the
opinions in causes held under advisement
from the last term. The first was the case
of The Traveller Insurance Company, plain
tiff and respondent VS.. The California In
surance Compsny of San francisco, and the
Phoenix Insurance Company, defendants
and appellants-appeal from Cass county.
Decision of district court reversed and
new trial ordered.
State of North Dakota vs.. Webb, audi
tor of Nelson county. This was the case
to test the constitutiOnality of the seed
wheat bond act and had evidently received
the careful consideration of the court.
Justice Wallin delivered the opinion and
while at times it seemed impossible to get
around the provision that prohibits the APP
preparation OF public funds except for pub
lie uses, the emergency which created
the Law permeated the court and no doubt
very properly, and the legality of the issu-
ance of the bonds was established. The
opinion, SO well and carefully considered,
deserves a more extended notice than can
be given at this time.
Jordan, Marsh &comDany, plaintiffs and
respondents, VS.. Simon H.. Frank, defend
ant and appellant-appeal from Cass
county. Decision Of district court modi-
fed and confirmed, defendant to receive
costs.
After a recess until 2 O'Clock decisions
in the following cases were handed down:
The Northwestern Fuel company, plant
if and appellant, VS.. Henry A. Bruins, de-
PENDANT and reSpondent-appeal from Cass
county; Decision reversed and new trial
William Short, plaintiff and respondent,
VS.. Northern Pacific Elevator company, de-
PENDANT and appellant-appeal from Suits
: man county. Decision reversed and new
trial ordered, costs. to follow event Of the
suit.
Thomas j. Devore, plaintiff and respond
ent, VS.. Thomas s. Woodruff, defendant
and appellant-appeal from Cass county.
DECISION reversed and new trial ordered.
w. E. Johnson, plaintiff and respondent,
VS.. Dakota Fire and Marine Insurance
from Grand Forks county. Judgment
affirmed.
The decision in the case of E. Conrad
Moe vs.. Il. e. Job, appeal from Cass county,
was also affirmed.
At this stage of the proceedings Judge
Francis addressed the court, stating that
Immediately after the forenoon adjourn
ment the members of the bar held a meet
ing for the purpose Of giving an expression
of respect to the Hon. NJ. w. Greene OF
Fargo, whose recent death had taken from
the profession one OF their brightest Orna-
ments, and presented the following resoiu-
tons which had been adopted and moved
that they be spread upon the records of the
supreme court and that a copy be en-
crossed and sent to the family OF the de-
ceased:
WHEREAS, TIE death of Mr.. M. W. Greene,
long and honorably connected with this bar,
properly calls upon US to appropriately express
the high regard in which he was held as a man
ritory and STATE courts in which he practiced and
our appreciation of the qualities which enabled
him to reach and MAINTAIN q commanding posi-
ton as a lawyer. Therefore, be it
Resolved, BY the supreme court of the state of
North dakota, that in his deaththe bar Of this
court loses q member who by his fidelity to the
interests of his clients, high sense of professional
honor; answering devotion to light and j%ustice,
love of his profession, uniform courtesy and hon
eety toward the courts in which he practic.d,
ripe scholarship and extensive knowledge of the
law and its application, placed him il the OK.
kota, a position won by his persistent industry,
devotion to his clients and courteous and honor
able treatment Of his associates. He possessed
ISL. manhood ana genial a kindly d de p Garsalt
which endeared him to those most Intimately u.s.
foG fbs sa wfth h5m ann and f gs;ys hin a f free tbpp passport nspO5t
death to IS is measurabily liz lishtened BY : the d
onr. high appreciation of those noble qualities Of
soul which made him the friend of all, the
f. enemy of none.
RESOLVED, That we tender our heartfelt SYM
pathy to the bereaved family of our departed
brother, and that the the chairman OF this meet.
ing cause an engrossed copy of these resolutions
to be and delivered to the family of
Resolved, That we request herewith that these
resolutlo9s De spread upon the minutes of the
pect to the deceased.
Judge Francis followed the reading of
the resolutions with remarks eulogistic of
the many noble qualities of the deceased
and his high standing as a lawyer of pro.
nounced natural and legal abilities and a
manly man possessed of the high attri.
butes which secured for him the confidence
and respect Of his professional associates
and the admiration and friendship of all
to whom his acquaintance extended. The.
eloquent remarks Of Judge Francis were
%ipAVoS 1llCuu hlu Wtlc MOSG
gracefully bestowed.
SE Hon. johnson Nickuns of jamestown
followed in the same appropriate and feel
~ ing manner, eloquently contributing words
of sincere friendship and respect for his
deceased friend which could not have been
better said.
Attorney General Goodwin next spoke
OF his long acquaintance with Mr.. Greene
and his high regard for him as a man and
a lawyer.
Mr.. Newman of Fargo added also to the
remarks with much feeling a high tribute
Of praise to his old professional associate,
ssfriend and neighbOr, and spoke particular
" Of the high esteem in which he. was held
by those with whom he was surrounded in
his home neighbOrhOOd. e
Chief Justice Corliss, with a few feeling
and we'll chosen remarks, closed the I'm
A pressiye ceremonies by directing that the
resolutions be spread upon the court and
that the court do now adjourn as a mark
Of respect to the memory Of the deceased.
NOTES.
P..H.Wilson, formerly with the Pioneer