St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1895-07-11
CHIEF JUSTICE START DECIDES
THAT THE BUTCHERS
MUST PAY. =
A VICTORY FOR OPPENHEIM.
THAT MEANS A SAVING OF S56..-y
600 FOR THE CITY OF ST. -
PAUL.
CITY LOSES IN THE wEIDE CASE
So Far as the Payment of Interest
Is COnccrned-An Inventor
Wins $4,000.

Chief Justice Start yesterday hand
ed down a decision that means a
saving of a large sum of money
to the city of st. Paul, and is at
the same time a signal triumph
for Assistant City Attorney OPP
penheim. The decision was rem
dered in the case entitled Spang-
enberg eX rel. VS.. Thomas Mcmahon,
bailiff in the municipal court.
Spangenberg was arrested for re-
fusing to pay a butchers license.
He took this position as a represen-
tative Of the Butchers Mutual Bene-
fit association to test the constitu-
tionality of the city ordinance re-
curing the payment by butchers of
the license. Judge Twohy sustained
the arrest The case was then taken
before Judge Otis on writ Of ha-
beaS corpus. The district court re-
versed the municipal court and held
the ordinance invalid and the ar
rest illegal. The general opinion of
the bar, based on specific decisions
of the supreme court heretofore an
nOunced, was with the district court.
Under the ordinance for the last
six years $1,000 a year had been paid
by the butchers of st. Paul. If the
ordinance was not valid, the city was
liable to be sued to recover this
$42, 900. Moreover, two years would
have to elapse before the next ses-
sion of the legislature could remedy
the defect. Accordingly, loss of
$50, 900 on the part of the city was
threatened.
Assistant City Attorney Hermann
Oppenheim, realizing the Importance
of the case and approaching some
material distinctions which had es-
capped general attention, insisted on
taking an appeal to the supreme
court. He argued the case with such
force and ability that Judge Otis is
worsted and the $4,000 is saved to
the city. Attorneys who have
watched the case say that great
credit is due him for this legal vic
tory. The syllabus is very brief,
and reads:
Spangenberg, respondent, VS.. Thomas
McMahon, appellant.
Ordinance No 1893, Of the city of st.
Paul, providing for the licensing of re-
tail dealers in fresh or butchers meat
and dressed poultry, and prohibiting AID
sales thereof, except in the public mar
ket, without a license, is valid.
Order reversed, START, c. J.
WIEDE VS.. CITY.
A second local case of considerable
importance is covered IN a decision by
Judge Buck The case is explained by
the syllabus:
Nellie NJ. Weide, respondent, VS.. City
of st. Paul, appellant.
1. The city of ST. Paul by virtue OF
the provisions of it's charter instituted
proceedings to condemn certain real
estate for street and levee purposes,
and the proceedings were duly con-
firmed Sept Is, 1886. The owner of the
condemned property appealed from the
! order of confirmation and upon trial
in the district court Jan. 8, 1890, said
! order was sustained. The city of St
Paul prior to Sept Is, 1886, took pos
| session of the property so condemned
and ever since has used it for street
and levee purposes.
Held. that the owner of the property
is entitled to interest from Sept. ID
! 1886, upon the amount awarded as dam
| ages, until payment thereof.
g Where an Indebtedness consists Of
principal and interest and a payment i:
| made by the debtor which is not ap
piled by him or the creditor to any par
| of the Indebtedness, 1.-THE law applies The
payment first to satisfy the interest
] and then the principal. Order affirmed
| BUCK, j.
BROWNE RECEIVERS So, coo.
William J. Browne. respondent, VS.
ST. Paul Plow Works, appellant.
B sold and delivered to P, a corpo-
ration, certain letters patent for the
consideration of the issue and deIiv'
/ cry to B by of sixty shares of its
i capital sock and its agreement to re-
| deem the same in cash at its pal
value of $4,000 at the end of five years
! if so requested by B, which he Gid
| and rendered back the shares of stock
! which p refused to receive, and alsC
| refused to pay the sum of $4,000, bu
| retained the letters patent and made
| no attempt to reScind the contract
| and B brought suit against p.
| t1elu, THAI ID Is clllllSQ " ISCONSI ds
| his damages the agreed value of the
| stock, viz: $1,000. Order affirmed.
BUCK, j.
IN FAVOR OF HAMM.
| Jacob Gundlach, appellant, VS.. Theo-
dore Hamm, respondent.
An action cannot be maintained al
| the suit of a private party to enjoin al
| obstruction or other nuisance in g
| public street or highway when he has
not suffered any special or peculiar
| damages to himself, his property OF
| business, but his damages are the
| same in kind as those sustained by
| the public in common with himself
| Shambut VS.. st. Paul & Sioux City
| Railroad company, y Mimi, 502, fol
! lowed. Order affirmed.
START, c. J.