Bismarck weekly tribune. [volume] (Bismarck, Dakota [N.D.]) 1884-1943, 1891-12-11

cided in favor of the plaintiff, an order
was yesterday entered staying the re-
mittur until the next term in order to
hear argument of counsel Oh a motion
to modify the relief granted the plain
tiff.
~
The case of Nils N. Fore, as admins
traitor, appellant, VS.. the estate of Lars
N. Fore, deceased, respondent, on appeal
from the decision of Judge Mcconnell in
Trail county, was filed by the supreme
court Saturday in favor of the respond
ent, the Judgment of the court below be-
ing affirmed. In many respects this was
one of the most important cases sub
mitted to the court at the last term. 1t
deals with the laws of this state relative to
the distribution of personal property and
possession Of the homestead on the death
of a husband. The opinion is written by
Judge Bartholomew and is concurred in
by the full bench. Judge Levisee ap-
peared for the appellant and District
Attorney Ames, of Trail county, for the
respondent. The following syllabus is
filed:
Under section 5779, compiled laws, it
is the duty of the probate court to set
apart for the use Of the family OF the de-
cedent, personal property, in addition
to the specific articles mentioned in
section SITS. compiled laws, not to exceed
in value the sum of $1,000, and the pro-
perty SO set apart does not belong to the
assets of the estate to be distributed to
the heirs of the decedent.
When the decedent left a widow, but
no minor child, the property thus set
apart for the use of the family becomes
the absolute property of such surviving
widow under section 1874, compiled
laws.
When a party dies seized in fee OF land
occupied and used by himself and family
as a homestead at the time of his death
his surviving widow is entitled, as
against his heirs o. devisees, to occupy
and possess the whole of such home
stead as long as she preserves it's home
stead character by maintaining her home
thereon, and the fact of her second mar
riage does not impair this right.
Xxx
"The "tigers in the jungle" should this
morning feel happy; they doubtless are
in a pleasant frame of mind. Why, you
ask? Because the supreme court Mon
day said hat chapter Sc of the laws of
1890, regulating the relocation of county
seats, is unconstitutional and void by be-
ing repugnant to section 60 of article 2
Of the state constitution prohibiting spe-
cial legislation locating or changing
county seats. The decision means that
Caledonia is still the legal seat of Trail
county and that Hillsboro will have to
try it over again. The case is entitled
Arthur Edmonds ct. al VS.. Peter Her
GRANDSON ct. al. Edmonds brought &C
ton to have the district court perpetual.
ly epjoin the defendants, as officers OF
Trail county, from moving the books,
papers, ETC., over to Hillsboro, pursuant
to a vote of the people, acting under the
supposed power granted by this act in
question. The lower court denied them
the relief and away went the cherished
county records from Caledonia on the
Red to Hillsboro on the Goose. From
the opinion it seems the appellate court
think that an attempt has been made to
classify counties in an arbitrary manner
by putting into one class all counties
wherein at the date of the act the court
house and jail were worth the sum of
$4,000, and forever excluding from this
class all counties coming within it's de.
scription in the future. The court says
that the constitutional inhibition against
special legislation does not prevent clas-
%slfication, but that such classification
must be natural, not arbitrary; must
stand upon some reason having regard
to the character of the legislation OF
which it is a feature; that it is not the
form, but the effect of a statute which
determines its special character.
The opinion is written by Chief Jus.
tice Corliss, overs fifteen pages of type
writer and is concurred in by the full
bench.
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