Eagle River review. [volume] (Eagle River, Wis.) 1890-1927, 1891-10-08
SUPREME COURT CASES.

VI AolHON, W 49,. sept. -J.-One OF the
| most interesting cases decided by
one in which William DeLano, of
game law passed by the legislature of
1891 is unconstitutional. He was
convicted of killing a wild duck
out OF season and upon convic-
ton was fined $50 and costs. He APP
peaied to the supreme court to relieve
bin OF paying this fine by declaring
the law unconstitutional. DeLano
charges that when the law gives to the
person who informs upon a violator
OF the law portion of the
fine collected, it is contrary
to the provisions of section
Of Article X of the constitution, which
provides that ''the clear proceeds Of all
fines collected in the several counties
for any breach of the penal law shall be
set apart as separate fund to be called
the school fund" '"Tho language,
says the briefof the attorney for the APP
pellant, puts all the fines collected in
to the school fund, and not two-thirds
OF the amount Of the fine into the hands
OF an lnformer. Ii the legislature has
the right to enact law putting two
thirds of the fine into the hands of the
lntormer, then it has the right to enact
law directing that 80 per cent. of the
line should go to Gov. Peck to buy a
spanking maching." The supreme
court, however, overruled the motion
to set aside the judgment, thus sustain
ing the game law.
The state of Wisconsin brought suit
against Fred. Heineman, Of Appleton,
to recover $3.50 penalty for Keeping q
pharmacy contrary to law, he not hav-
nh
cist. Heineman, III defense, alleges that
chapter 167 Of the laws of Wisconsin
for 1882 as amended by chapter 46O of
the laws Of 1887, is unconstitutional.
He was defeated in the lower court and
appealed. The supreme court sustained
the lower court.
Cornell University brought an action
of ejectment against W. II. lead to re-
cover possession Of lands in Clark
County. The plaintiff was given judg-
ment in the lower court, and the supe
rior court now sustains the Judgment.
Cornelius Sullivan, q saloonkeeper at
Tomah, was made defendant before the
Common Council of that city in proceed
ings for the revoking of his liquor IL
cense, under section 1853, Revised
Statutes, as amended by chapter ia,
laws of 1881. The Council entered an
order revoking the license. Sullivan
appealed to the circuit court and judg-
ment was entered reversing the order
of the court. An appeal is taken by
Tomah to the supreme court. Judg-
ment is affirmed.
Ii. L. Humphrey, A. f.. Jefferson and
Frank B. Clark brought suit against ID.
L. Plumb, w. c. Silverthorn, M. A.
Hurley, n. d. Moore and the Northern
Chief Iron Company to establish their
title to the southeast quarter Of section
81, Ashland County, very valuable
property. Judgment was rendered for
the defendants, and the plaintiffs ap-
pealed. The judgment is affirmed by
the supreme court.
Martin VS.. Cauttman-Judgment re-
versed and case renanded with directions
to render Judgment il accordance with
opinion.
Grace VS.. Lynch-JudCmcnt affirmed.
Sullivan VS.. acknowledgements affirmed.
BirOn VS.. Scott hat part Of order SuS-
tanning demurrer to fifth defense affirmed,
and that part sustaining demurrer to sixth
defense Oyeruled and rcmandcd for fur
Their proceedings.
Wadlelgh VS.. Bucklngham-Judgm
affirmed.
Wadleigh vs. Buckingham- Judgment
reversed and case rcmanded.
Bosworth VS.. Merchants Fire Insurance
COmpany-JUdGmCnt reversed, and re-
manded with directions to give Judgment
in favor Of the garniShee.
Dolan VS.. Joint school District No. 49,
Affirmed.
Malloryvs La Crosse Abbatoir Company
Affirmed, with Cassoday dissenting.
kinsey vs.. Aforementioned.
Buttertield VS.. Hcrren-Atfirmcd.
Hubbard, Spencer Bartlett q co. vs..
Cribb-Judgment reversed and remanded
with directions to render judgment for
plaintiff in accordance With opinion.
(Judge WinslOW diSsentS).
Gillett VS.. McGonigal - Judgment re-
versed and remanded for new trial.
Hac6ett VS.. Western Union Telegraph
ompany-Atfirmed.
Cornell University VS.. Mead-Atii rmed.
HileS VS. Attce-Atfirmed.
Humphrey vs.. Plumer-Atfirmed.
StSte VS.. Allrmed.
Brown VS.. Chicago, Milwaukee & st.
Paul Railway Company-Atflrmed.
Butler VS.. Acknowledgment reversed
and rcmanded for new trial.
Walker VS.. Daly-Order affirmed
Robert Lees was admitted as an attor-
W. w. Kimball Company VS.. Mellon
Motion for re-hearing denied, with SOS
costs.
Benedict VS.. Insurance Company-Mo-
ton for alternative order directing re-
spondents to stipulate acceptance of bill
Of exceptions heretofore served, denied.
Motion to return record denied. Opinion
by WinSloW.
j. Youngs VS.. JOhnSon-MotiOnt to remit
record for correction granted. Motion to
strike cause from calendar granted with
out costs.
W. Kimball Company, appellants, VS..
Huntington, ct al, eSpondents-argued by
T. A. Teall for appellants, ana John NJ.
DIN for respondents.
Trautman respondent, VS.. Schwalm
ct al. appellants-Argucd by f. A. Teall
for appellants and submitted for re-
sDondents on briefs.
McClarney, respondent, VS.. Chicago, Mil
vaukce d St. Paul Railway Company, APP
peliant--Argucd by John T. Fish for APP
pellant and c. *. klavis for respondent
MAY LEAD UP TO TROUBLE
Alleged Unwarranted Seizure of = Cana
dian Vessel by Federal Cruiser.
OTTAWA, Ont, Oct. 5.-Word received