St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1892-10-04
ALIENS BARRED OUT,
Mining Claims Are No Excep-
ton to the Rule, Says
Judge Shiras.
And Title to a Mining Claim
Can Not Be Obtained by
an Alien.
The Central Democratic Club
Meeting BE Held Wednes-
day Evening.
Strange Divorce Case, Ban
quoting Odd Fellows and
Other Local Items.

The United States circuit court of APP
Deals was in session yesterday with
Judges Henry G. Caldwell, Walter Ii.
Sanborn and Oliver 2. Shiras on the
bench. Five decisions were handed
down and one cause submitted. as fol-
lows:
Margaret Billings ct al, appellants.
VS.. The Aspen Mining and Smelling
Company ct al. Appeal from the dis
trlct of Colorado. Petition for rehearing
denied. Opinion by Judge Shiras. 1t
was ccntended that the court below
erred in holding that it was not open 20
the appellees to aver that William j.
Wood was an alien, aud therefore
| could not acquire title in the
mining claim located by him in
conjunction with Fisk and Fitzpatrick.
1t was urged that mining interests and
rights are an exception to the general
rule, that the right to defeat title to
realty On the ground of alienage is re-
served only to the sovereign or govern
ment. The court CONSTITUTES the statute
to the effect that it requires the appli-
cant for title in mining property to
show that he is a resident of the United
States.
Chicago. st. Paul. Minneapolis &
Omaha Railway Company, plaintiff in
error, VS.. Joseph w. Gilbert ct al. Error
from the district of Minnesota.
Opinion by Judge Shiras affirming the
decision in the court below. Gilbert u
Co. brought an action against the
railway company to recover dam
ages for the destruction of their
-four mill at Adrian. MINI. The
railway company was accused of
allowing dry grass to accumulate
along its right OF way SO that it was set
on fire by sparks FROM locomotive.
and i'll turn fired the mill and barn
along the track. Gilbert g. Co. were
awarded verdict in the court below
for S15,87S.33. This appeal was taken
to secure reversal of that verdict. 1t
was urged that the court below erred in
admitting testimony to the effect that
sparks from a locomotive had set fire to
the grass along the track several times
for the purpose of showing negligence
IN the railWay company.
Michael Seaman and o. e. Wall,
plaintiffs in error, VS.. Lyman Hodges
and Samuel Y. Hyde, defendants in er-
rOr. In error to the circuit court of APP
pealS from the circuit court Tor the dis
trict of Minnesota.
Opinion by Judge Caldwell affirming
The decision of the court below.
This was an action to recover
the value of twenty-four carloads of
wheat valued at s9,601.90. Hodges &
Hyde are wheat dealers at La Crosse,
Wis. Seaman & Wall are bankers at
were buying wheat and furnishing the
LaneSboro Milling compay such wheat
as it needed in its business. In purSu-
ance of an agreement Hodges & Hyde
shipped wheat to the bank at Lanes
boro from 1884 to 1889 to be delivered to
the milling company. In March aud
April, 1889. twenty-four cars or wheat
were shipped which, it is asserted, was
turned over to the milling company by
the bankers without collecting the
money therefor. The court below held
that certain letters constituted a con-
tract between Hodges q Hyde and
Seaman & Wall.an the former received
verdict and Judgment, from which
this appeal was taken.
William II. Morton. plaintiff in error,
VS.. The City of Nevada, NJ o., defendant
in error. In error from the Western
district of Missouri.
Opinion by Judge Caldwell affirming
Judgment of. court below. The city of
Nevada donated ten acres Of ground to
the Tebo Il Neosho Railroad company
for depot purposes, gave 1t the right of
way through the town and issued bonds
to pay for the land amounting to $4,000,
and which bonds sold for IS. 1871. The
plaintiff sued on the interest coupons of
these bonds. The court below held that
the act allowing the City of Nevada to
issue the bonds was uncons titutional,
and this ruling is affirmed by the opin-
ion of Judge Caldwell.
The st. Louis. Iron Mountain &
Southern Railway company VS.. Mrs. b.
l.. Needham, in error to the United
States circuit court for the Eastern dis
trict Of Arkansas. Judgment reversed.
Opinion by Judge Sanborn; When an
action that had no existence at common
law is given by statute to the heirs at
law of deceased person for wrong
full act. for the benefit of his widow and
next Of kin, all the heirs are indispensa-
BILE parties to the maintenance of the ac-
ton. Opinion by Sanborn, circuit Judge
Aztec Mining compcny, plaintiff in
error, VS.. John Ripley-Error from the
district of New Mexico; submitted on
briefs.