St. Paul daily globe., 1894-07-14
ALLEGED COAL COMBINE
GETS A BLACK EYE ~ The SVP3sME
COURT.
DISCRETION NOT ABUSED


History of the Case-Niinneap-
oils Sunday Clio ing Ordinance
Tho American Loan and
Trust Company of Duluth Style
ofBusiness-Sever Neat Little
Games Nipped by the Court.
OF the thirteen decisions handed down
by the supreme court yesterday the
most important was the one which gives
the members of the legislative coal
combine committee, which investigated
she case of John }. Rhodes. a very de-
sided victory. This court holds that
the action Of Judge Otis in vacating the
Judgment against the members OF tile
committee and granting them leave to
answer was not an abuse of the diScre-
hon vested in the court, and the order
is, therefore, affirmed. Under this de-
elsion the judgment is set aside, and
permission given TO the defendants to
answer. The case has been in the
courts since March, 1898, when the sum-
mons in the Rhodes suit for $4,000
damages for the seizure OF his books
Was served on the members of the in
and BOggs, two members, at once pro.
cured an order TO snow cause why the
summons should not be set aside on the
ground that they were serving as mem
oerS of the legislature at the time they
were served. The summons was set
aside March % (or five days after it had
been served. On all but Representative
Bjorge and Sergeant-at-Arms Scheffer,
Of the senate, and Assistant Sergeant
alarms Wells, of the house. This
order was reversed by the supreme
court. On Jan. last. the same day,
Rhodes filed his aft lavit of no answer
and submitted proofs to the referee.
Jan. 3 the referees report was filed
and Judgment entered. Then defend
ants applied for an order to show cause
why the order should not be vacated
and permission given tn answer. The
first application was denied, but Sec
ond one was granted. This Rhodes
claimed was an abuse of discretion.
and on that ground appealed to the su-
preme court.
The title aud syllabus in the case are
as follows:
John j. Rhodes. appellant VS.. Richard A.
Walsh ct al, respondents. Order affirmed
GILFILLAN. j.
SyllabuS-Order vacating Judgment
and granting leave TO answer held not
an abuse of discretion
SUNDAY CLOSING ORDINANCE.
A case of considerable Importance to
Minneapolis Saloonkeepers is that of
OConner. Bauman and Youngren, whose
licenses were revoked for keeping open
houses on Sunday. The supreme court
holds that the revocation of the licenses
was not punishment in such sense as
10 affect the jurisdiction of the munich
pal court to Try complaints for the viO-
SltiOn of city ordinances.
State of Minnesota, respondent, VS. Thomas
O'Conner, John Baumal and swan |
loungren, appellants. Order affirmed.
GlLFILLAN, e. j.
Syllabus Under the ordinance of the |
City of Minneapolis requiring saloons
and places where intoxicating LIQUORS |
are sold to be closed and kept closed |
Oh Sundays, the owner is prima facie
responsible for such place being open |
on Sunday, whether he is present or |
not.
Evidence held sufficient to sustain |
q conviction.
State VS.. Harris, so Minn., 12S, to the
effect that revocation OF licenses under
that ordinance is not punishment in
such sense as to affect the Jurisdiction
OF the municipal court to try complaints
Tor violating the ordinance. followed.
HE COULD NOT REVOKE.
The American Loan and Trust COM
pany, William Mckinley ct al, respond
ents. VS.. James S. Billings ct al. appel
lants, is an important case, as it involves
large sums of money. J. S. Billings &
Co. had granted power of attorney to
William Mckinley to sell large
amount of mining property, and to turn
the receipts over to the trust company
in payment of some money that he owed
them. After time he wanted to revoke
the power of attorney granted. aud both
the lower court and the supreme court
hold that it was not possible for him to
do so.
American Loan and Trust Company. William
MchlnI ct al, respondents, vs. James S
oll4lh5s et al, appellants. Order affirmed.
GILFILLAN, G. j.
Syllabus-A power of attorney exc
cuted by a empowering B to sell and
convey real and personal estate and paw
tEe proceeds to C,to be applied IN paw
ment OF debt from A to & existing or
contemplated at the time of It's eXecu-
ton and executed by A and accepted
by Z as security for such debt, cannot
be revoked by a.
Such al instrument creates a lien on
the property which the courts may en-
force.
OTHER DECISIONS.
Other cases are as follows:
Joseph McKibbon ct al, copartners as Nc
hlbbon " Co., respondents vs. Sven Ell
Hngson, defendant; Edward H. Turner
gardlshee, appellant. Order reversed
GILFILLAN, q. j.
Syllabus-An assignment for the ben
eht or creditors by debtor residing in
North Dakota, where all his property
and business were, to an assignee resld-
Ing IN this state, was executed in this
slate so TAR as signing, sealing aud de-
HVerlng. and was then taken to and re-
corded III North Dakota, as required by
the law of that state to make such as
signmentS etiectual, and the assignee
took possession there of the assigned
property, and afterwards brought into
this state money, its proceeds.
Held. the statute OF this state reru-
laiing assignments for the benefit of
creditors does not apply to such as may
be executed here by non-reSidentS who
nave no property and no place OF busi-
ness In this state, and the trusts
created by which are to be carried out
elsewhere.
Also, that as the parties intend
ed to, aud did, as required Dy the
laws OF North Dakota. to make the as
slgnment etfectual, record it in that
Stale, that Is to be deemed the final act
OF execution, and the assignment a
North Dakota contract. so that its valid
lty Is 10 be determined by the law of
that state.
hen transfer is valid by the law
Whele the transferrer resides and the
property is situated, though it would
not 6e If executed here, the title is not
displaced by subsequent removal of the
property to this state, even as to credit
ofs resident here seeking a remedy
against it.
Mary Ida Giertson, appellant, vs. Herman ].
Glertsen ct al, respondents. Order
affirmed. GuFIIIAN q 7