Iowa County democrat. [volume] (Mineral Point, Wis.) 1877-1938, 1891-10-23

w luSlOW occupied IueH SeHIS'
There was a goodly gathering of attor.
neys, and an especially large number of
law Students had seat, in the room.
The following opinions were handed
down:
BY COLE, c. j.
Merrill Ry. & Lighting Co. v City of
Merrill Order affirmed and remanded
for further proceedings.
McCarnev V. c., NJ. & st. P. Ry. Co.
Judgment reversed and remGnded TOR a
new trial
Damon V. C. Aultman & Co. Judg-
ment affirmed.
La Londe v. Supvrs. Barron Co. Judg-
ment affirmed.
BY LYON, j.
Day ct al, V. Gumaer ct al. Judgment
affirmed. Justice Winslow took no part.
Cowan " c. M. & St, ?, Ry. Co. Judg
ment affirmed
State V. Becker. Judgment reversed
and remanded with directions in accor-
dance with opinion
Parroski V. Goldberg. Judgment af-
tirmed.
Mcdonald & Graham Y. State. Judg
ment affirmed
BY ORION, j.
w. w. Kimball v. Huntington. Order
affirmed.
Burgess V. c. Aultman & Co, Order af-
tirmed
Keller V Keller. Judgment reversed
and remanded for new trial. Justice
Winslow diSsents
Whipperman V. Stacy, Judgment af-
frmed.
Ri5elhausen V, Stacy Judgment af-
frmed
BY CAssoDAY, j.
Bibbyv. Wausau Lumber Co. Judg
ment reversed and remanded for a new
trial.
Holum V. c., NJ &. St p. Ry. Co.
Judgment affirmed.
Kellyv. G., b. W, & St P. Ry. Co
Judgment affirmed.
Paute V. Florence Mining Co. Judg-
ment affirmed.
BY wINsLOw, j.
Theen V. Rath. Judgment reversed
and rcmanded for a new trial.
Lincoln County v Oneida County. Or
der reversed and remanded for further pro-
ceedmgs according to law.
versed and remanded with directions to
dismiss the complaint
Link V. c. & n, w. Ry. Co. Order af-
tirmed
Ryan v. Outagamie Co. Judgment af-
frmed.
Martin V. Davis. Judgment reversed
and remanded NTH directions to affirm the
Judgment of the county court.
The cases against Perrin and Baker,
connected with the Hurley bank robbery,
were held over, and will not be decided
until the call for the next assignment.
The Raymer- Wells case in regard to the
salary of the state superintendent, has
been postponed until next Tuesday by
mutual consent.
In regard to the long controversy over
the case of Samuel Mcdonald and John
Graham, Justice Lyon in his opinion says:
"The courts will take judicial notice of
the statute laws of the state, and to this
end they will take like notice of the con-
tents of the journals of the two houses of
the legislature far enough TO determine
whether an act published as a law was ac-
tually passed Ivy the respective houses in
accordance with constitutional require
ments Further than this the courts will
not go When it appears that an act
was so passed no inquiry will be per-
mitted to ascertain whether the
two houses have or have not com
piled strictly with their own rules
in their procedure upon this bill, inter
mediate its introduction and final pas
sage. The presumption is conclusive that
they have done so. We think no court
has ever declared an act of the legislature
void for non compliance with the rules of
procedure made by itself or the respective
branches thereof, and which it or they
may change or suspend at will. If there
are any such adjudications we decline to
follow them. The journals of the SEN
ate and assembly of 1887 show that chap
ter ASS was passed in both houses in the
usual manner, but it does not appear that
the yeas and nays were called on its pas
sage In the assembly; at least
they are not entered on the jour
nal. The bill for chapter As was
therefore regularly passed and the chapter
is a valid law unless it comes under the
provisions of section s, article VIII of the
constitution which provides that on the
passage of any law which ere ates debt
or charge or makes, continues or renews
an appropriation of public moneys, the
question shall be taken by yeas and nays,
which shall be duly entered on the journal.
1t is held that chapter ass is not within
the requirements Of this constitutional
provision and that the law is valid; that
there Is fifteenth Judicial circuit and
that it includes Ashland county, and the
court takes judicial notice that Hon. J. Z.