Bismarck weekly tribune. [volume] (Bismarck, Dakota [N.D.]) 1884-1943, 1891-05-08
The Opening Day of the Supreme
COurt-A Number of Cases
@. Disposed Of.
Twenty-Seyen Cases on the Calendar
and a Ten Days Term May
Be Expected.
City Council Meeting - Salaries of
City Officers Fixed-Exit
Electric Lights.
[From Tuesday Daily.l

The regular May term of the supreme
court convenes in the senate chamber at
the capitol o II Tuesday. There are twenty
seven cases on the calendar and a session
lasting from ten days to two weeks may be
expected. Quite a number of important
matters are on the list and the decision of
the same will be awaited with consider
able interest. The old gross earnings fight
between the Northern Pacific railroad and
the counties Of Mclean, Mercer, Foster
and LaMoure, are first. These have been
dragging their weary way along since 1889,
were argued twice in the territorial court
and in the state court last October at Grand
Forks. Two questions are presented in
them, one as to the taxability of the orig
inal land grant and the other the indem-
nifty lands. Judges Bartholomew and
Wallin, having both .been Of counsel, are
disqualified, and the court consisted of
Chief Justice Corliss and Judge McCon-
nell. They have not reached a conclusion
on the indemnity question, but on the
original or ''place" phrase an order of mis-
trial was entered in February. This matter
of a "mistrial" is a new idea in
Dakota n grows out of the
constitutional requirement that a majority
of the court must agree before a decision
can be rendered. An equally divided court
simply hangs up the case and means a re-
argument. Under territorial law this
would have affirmed the judgment of the
lower court. 1t IS understood that Judge
Winchester will sit in the cases this
time.
The Burleigh county cases are the ap-
peal by the state in the man.
damus case to compel insurance Commits
sioner Carey to issue a certificate of au-
thority to the lankinton Hail association
to do business, and another phase OF the
endless, tO-be-alWaYs-cOntinued Braith-
waite = Powers : Akin : Rea Steamboat
Eclipse matter. From district to United
States supreme court, the captain has al
Jarndyce vs.. Jarndyce, another feature
bobs up and the end is not reached.
Morton county sends up for adjudication
Clark VS.. Sullivan and Messrs Voss and
Hanitch will measure swords in it. From
Stark comes the German National bank of
st. Paul VS.. Lang, growing out of a cattle
transaction at Medora. The trial court de-
cided that the bank had no cause Of action
and Mr.. Leslie A. Simpson OF Dickinson
will have a chance to pit his oratory
against that veteran firm, John 3. and W.
Il. SanbOrn, of st. Paul.
"A WY CoIl1lS Cdoo W IllC cuCIIc
state is entitled Vermont Loan and Trust
company VS.. Withheld. This involves the
validity OF the usury law of 1890. Judge
Templeton decided against the law on the
ground that it contained a special eXemp-
BODYBUILDING and loan assOciations-and
hence was repugnant to the constitution.
In January the supreme court reversed
him, but as the matter had not been fully
argued by counsel the court ordered that
the attorneys take another shy at it this
afternoon. Judge Cochrane represents
those agin' the law, and Banks & Fisk. of
Grand Forks, will endeavor to convince
the court that their former decision was
correct.
Several tax title cases, some actions
against the Northern Pacific Railroad COM
pany for personal injuries, a case to en-
force a contract for the erection of a
creamery at LaMoure, a s~ubrogation mat
ter from Fargo ana other interesting legal
disputes will be heard.