St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1893-05-02
Gowned Judges Of the Circuit
Hand Down Rulings in a
Dozen Cases.
OF More than Passing Interest
Are the Opinions on the
Points Involved.
Northern Pacific Railroad
Baked in TWO Cases, An
other Road in One.
Bohn Manufacturing Com
pany Is Judged to Have
Ground for Appeal.

The May term of the United States
circuit court of appeals opened III the
st. Paul court house yesterday morning,
with Judges Henry G. Caldwell, Waller
n. SanbOru and Amos M. Thayer on the
bench.
There were a number Of attorneys, be-
sides several ladies in the court room,
the latter curious to witness the open
iGg of this high court by the goWned
Judges. Among the lawyers are Hon.
John M. Thurston. of Omaha, the noted
political orator and general solicltor OF
the Union Pacific Railroad company; II.
S. Hail and c. S. Montgomery. OF Ona-
ha: Judge Whedon, of Lincoln, NeD.:
Charles B. Keller, of Cedar Rapids, and
John w. Arctander, Of Minneapolis.
MINI: Edwin ". Moore. Wichita,
KAN: George r. Elder, Leadville; l..
d. Barnard. St. Paul. Mimi, and A. ):
Cornish, Lincoln, Neb., were admitted
to practice in the court. After these
were sworn in Judge Caldwell began to
announce decisions, followed by Judges
Sanborn and Thayer There were four
teen decisions handed down, besides or
ders made in several others.
James G. Mehlin, plaintiff in error,
VS.. Joshua Ii. Ice, defendant i'll error.
In error to the United States court IN
the Indian Territory. Opinion by Judge
Caldwell reversing judgment OF court
below.
Interesting Points Noted.
Joshua II. Ice brought this action. al
leging forcible entering and detention
of 1870 acres of land in 1892. and recov-
cred Judgment against James q. Mehlln,
John Ketchem and Perry Potter for the
possession of tie land and $500 damages.
Defendants claimed they secured posses
sion of the land by order of the district
court OF the Cherokee nation. In his
opinion Judge Caldwell calls attention
to the fact that the Cherokees have had
title to their lands since treaty OF 1888.
Their right to local government
has not been questioned since 1871. and
a white man settling III their lands for
feits the protection of the United States
and may be punished by the Indians as
they please.
Edmund Hanney Watts, appellant,vs.
James NJ. Kellar and 3. w. Rector, APP
pelIees. Appeal from the circuit court
of tine United States for the Eastern
district of Arkansas. Opinion by Judge
Edward Martin, intervenor, appellant,
VS.. Rainwater Boogher d Co. ct al, APP
peIlees. Appeal from the United States
court in the Indian territory. Opinion
by Judge Caldwell, reversing court be-
low.
Northern Pacific Railroad Company.
plaintiff in error, VS.. Z. +. Conger, de-
PENDANT in error. In error to the Cir
cult of the United States for the district
of Minnesota. Opinion by Judge Cald-
well. affirming lower court.
This was an action for $4,000 dam
ages for personal injuries. The Jury
returned verdict for $4,000, and the
court below directed that new trial be
granted. unless the plaintiff RENTED
$1,000 of the verdicts. The plaintiff ell
tered a remittitur. the motion for new
trial was denied and the railway com
pany sued out this writ of error.
Zeb Ward, plaintiff in error, VS.. The
Blake Manufacturing Company. defend
ant in error. In error to the circuit court
of the United States for the Eastern
district of Arkansas. Opinion by Judge
Caldwell, affirming court below.
Tenant, Walker q Co., appellants, VS..
Smith and French, and others. appel
lees. Appeal from the United States
court in the Indian territory. Opinion
by Judge Caldwell. reversing decree OF
court below.
The opinion in the case of Mehlin VS..
Ice above is referred to as being the
same in this cause.
Personal Injury Cases.
Northern Pacific Railroad Company,
plaintiff IN error, VS.. Charles U Peter
son, defendant in error. In error to the
circuit court of the United States for
the district of Minnesota.
Northern Pacific Railroad Company,
plaintiff in error, VS.. Frank o. Peter
son, defendant in error. In error to the
circuit court of the United States for
the district of Minnesota. Opinions by
Judge Sanborn, affirming the decisions
in the courts below. These were two
actions for personal injuries by reason
of train colliding with two wagons at
a crossing at White Bear in the night
time of Nov. 20, 1890. The court below
refused to take the cases from the jury,
and verdicts were rendered for the
plaintiffs.
Bohn Manufacturing Company, plant
iff in error, VS.. Ernest Erickson and
Swan Erickson, his guardian ad litem,
defendants in error. In error to the cir
cult court of the United States for the
district of Minnesota. Opinion by
Judge Sanborn. reversing the court be-
low. This was an action to recover
damages for the loss of three fingers.
1t is held that the dangers were appar-
ent to the boy, and although he was a
Swede. aged fifteen years, could not
understand English very we'll, and had
only worked three days at the factory.
it was Not necessary that he be told
that the machinery was dangerous and
might suck his hands into danger.
Land Deal Ruled On.
Anton Schindelho ct al. appellants,
VS.. Henry B. Cullum. receiver Of the
Vending Cattle and Land Company,
appellee. In suit to wind up Colo
RADIO land company on the ground of its