The Dickinson press., 1891-05-09
SUPREME COURT.
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.

i sA~ W ASA OaJS U1dy
Be Expected.
Inc regular May term of the supreme
court was called to order in the senate
chamber at the capitol yesterday morning,
all the judges and officers of the court be-
ing present. On the call of the calendar,
the cases were disposed of as follows:
Bauer VS.. Bauer, appeal from Pembina
county, submitted on briefs filed.
lllstad VS.. Johnson, from Grand Forks,
submitted by stipulation OF attorneys.
In the case of Davis & Rankin VS.. Bron-
son, the LaMoure county creamery matter, q
motion was made by the respondent that the
argument be postponed until the October
term. Mr.. Newton, attorney for Bronson,
vigorously combatted the idea, but did not
succeed in convincing the court that his
position was correct, and over the term the
matter went.
The great usury test case was next on
the list and occupied the court some hours.
The discussion was carried on by Judge
Cochrane of Grand Forks and Cy. Yelling
ton of ST Paul against the econstitutionality
of the statute, and Tracy X. Bangs cited
his authorities to prove their position to be
| fallaciOus.
Powers VS.. Larabee, up from Barnes
county, is a tax title action and was pre-
sented by j. E. Robinson for the appellant
and h. w. Camp contra. The rule to be
established is OF Importance and goes to
the effect as to whether man who has
void tax deed against his property should
be compelled to pay the amount of the tax
liability as condition precedent to an ac-
| ton clearing the title.
| Yerkes VS.. Crum, from Cass county, and
Joslyn VS.. McMahon, from Steele county,
were. argued last evening by j. E. Robin-
son for the appellants and Seth Newman
| for the respondents.
The admissions t" practice We're as fol-
lows: Herbert Root, Valley City; A. d.
| FlemingtOn and Il. T.. Perry, Elendale: l.,
G. Harris, LaMoure. The court an
nounced complete revision of the rules of
practice, the same TO take effect June s.
Copies can be obtained from the clerk.
To.day'S call consists of Wood VS.. Nissen,
from Cass, and Nortrup VS.. Cross, from
| Dickey.
The following attorneys are in attend
| ance:
Louis IIanitch, NJ. J. Edgerley, G. w.
| Newton, w. ii. Francis, N. F. Boucher,
city; Leslie A. Simpson, Dickinson: Ii. e.
Voss, E. c. Rice, II. Nj. Tuttle, Mandan;
Seth Newman, S. q. Roberts, J. L. Robin
son, Fargo; Tracy r. Bangs J. NJ Coch-
rane, Grand Forks; E. w. Camp John S.
| Watson, Jamestown; A. ID. Fltmington,
Glendale; l.. G. Harris, LaMoure; Cy
Wellington, st. Paul; Herbert Root, Val
ley City.
The attention of the court at the morn
ing session Wednesday was given up to the
case of Wood VS.. Nissen, on appeal from
Cass county. The merits of the matter did
not reach the ears of the judges, as Mr.,
Newman, on behalf of the respondent, in
terp0sed motion to strike out certain pOr-
tions OF the record. Mr.. j. w. Filly of Far
go conbatted the motion, but unsuccessful
| ly, and what was intended as the bill of
exceptions was eliminated. What was
left, if anything, was submitted to the
court.
Nortlrup VS.. Cross was next on the call.
MIR. Newman appeared for the appellant
and. A.. ID. Pennington and f. p. Perry
held up the respondents end of the discus
sion. The matter grew out of tax levy
and sale of personal property in Dickey
county. Case argued and taken under ad-
viSement.
Clark VS.. Sullivan called forth Messrs
llanitch and VOss, and the case was care
fully handled and left to the mercies of the
court.
The newly admitted members of the SUI
preme court who received certificates yes
terday we're Attorney-General Spencer,
Leslie A. Simpson, Dickinson, and B. w.
Shaw, Mandan.
The morning session of the court was
given up to the old, time-hOnored, hoary-
headed tax fight between the North
ern Pacific railroad company and some
of the counties in which that corporation
has land. Ever since May, 1889, these
matters have been dragging along their
weary way and been the subject of many
a long discussion at the court. The litiga.
ton has become quite familiar and need
not be rectcd at length. The company
claim they have paid all they owe and the
counties, as is natural, think the sums so
given up entirely inadequate. Col. w. f.
Ball of Fargo and Jno. S. Watson of
Jamestown, represented the plaintiff; II.
for Mclean county; Judge Rice of Mandan
for Mercer county; f. w. Camp for Foster
LaMoure county submitted on briefs. The
discussion was principally confined to
what was termed the equitable phase of
the case, touching the uay ments heretofore
made of the taxes as all e4tnguiShmenu OF
the lien claimed. Judges Bartholomew and
Wallin did not sit in the hearing by rea-
son of having appeared as counsel in
the lower courts. Chief Justice Coriss,
Judge mcconnell or Fargo ana Judge
Winchester of Bismarck composed the
bench. The decision will be awaited with
interest.
J After the noon recess what Attorney
Hildreth of Fargo denominated a comedy
of errors" was on the boards. 1t was the
case of Little VS.. Little, up from Trall
county. and was handled ,y Judge Leyisee
and NJ. A. Ilildreth for the appellant and
Cannody & Leslie in opposition. 1t is an
. old partnership fight and grows out of an
attempt to have an accounting.
The only one who held up his right hand
and swore to "delay no man for lucre or
malice" was States Attorney Copeland of
Washbnrn, who was admitted in due form
as member of the appellate court.
The annual convention ofthe National
Educational association of the United
States for the present year will be held
at Toronto, Canada, July l4th to 18th,
and as it will on this occasion be of an
international character, it promises to be
the most successful meeting of the series.
Most of the railroads have agreed to give