St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1896-02-07
SUPREME COURT DECIDES THE
CORCORAN COMMIsSION-sHIP-
- MENT CASE
IT. FAVOR OF THE STATE LAW.
SALE IS NOT CLASS LEGIs-
~ LATION.
ONE LOWER COURT REVERSED.
Gov. C1ough's Firm Beats the Rum
River Boom COmpany-Insur-
ance Companies Must Pay.

One decision has been made by the
supreme court in favor Of the state
game and fish commission. 1t was filed
yesterday, and is in the habeas corpus
case begun by William Corcoran, of Lit
tie Canada. Corcoran tested the pro-
vision of the 1895 law prohibiting the
shipment Of elk, moose, caribou or deer
to a commission man or other market
dealer 1t was claimed that this law
was unconstitutional and invalid, on
the ground that it interfered with the
rights Of common carriers, but the SUI
preme court holds, Justice Mitchell
not well taken.
He discusses the game laws at some
length, and points out that wild game,
In its natural state, is the property
of the state and remains so until it
is killed without violation of any of
the laws which the state legislature
may enact for the preservation Of such
game. He allows the legislature wide
discretion in this matter, and holds
that the prohibition of the common
carrier is only an expedient by which
to prevent the violation of the law
by pot hunters, who cannot be watched
by the authorities on every inch of
the WildS Of the state. The law does
not infiict on the railroad companies
the prohibition of any other class of
traffic, but IS distinctly aimed at the
wholesale slaughter of the game, and
in it's operation aims only at the con-
of itG n1fO ant
The only reversal in yesterdays
batch of decisions is in the case
brought by Gov. Clougn and his part
ners to determine the prior right to
logs which he had foated through the
booms of the Mississippi and Rum
River company for third party,
which had subsequently refused to pay
for them. The supreme court gives
the governor and his partners the prior
right.
Two insurance companies are beaten
The 500 road gets a judgment against
the Home, of New York, for the value
of grain destroyed in the warehouse
at Gladstone, and the bank of DEVILS
Lake will collect the value of grain
burned in an elevator fire at Fargo
the Manchester company being mulct-
ed in this case.
The following are the syllabi:
State of Minnesota eX rel. William Corcoran,
appellant VS.. Charles E. Chapel, sheriff,
etc, respondent.
The provision of General Laws 1893, chapter
a. section 9, as amended by General Laws
1895, chapter 115, section 5, that ut shall be
unlawful for any person to consign by COM
mon carrier to any commission merchant or
sale, market, at any time, any elk, moose
car caribou or deer; or any part thereof, except
lation Of either the state or federal constitu-
ton. Order affirmed. Mitchell, ].
sippi & Rum River Boom Company, re-
spondent.
The plaintiffs contracted to sell to c. &
Co. and deliver at the limits of defendants
boom, but retained the ownership Of the
marks of record in their own name
curity for the purchase money which still
remains unpaid The defendant under its
charter, took possession of the logs and drove
them to Minneapolis where it turned out and
delivered part Of them to the yendees, C.. G
Co., and extended to them the time of pay
ment of its boom charges by taking their
time notes for the amount which also remain
unpaid. The defendant now claims lien,
paramount to plaintiffs rights upon the logs,
having the same marks remaining in its
boom, fer its boom charges for the logs de-
livered to C. & Co.
Held. that the lien was, as to plaintiffs re-
leased by defendants granting an extension
of time to G. y Co.. that C. & Co and plant
ihs' interests in the logs occupied the rela-
ton of principal and surety for defendants
debtors to the logs surety;
Also that defendant was chargeable with
notice by the records of plaintiffs interest
in the logs. Judgment reversed.
Mitchell, j.
Minneapolis, st. Paul sault ste Marie
Railway Company, respondent, VS.. Home
Insurance Company, appellant.
l. The assignment of errors cannot be
amended by the appellant after his time for
serving them has past, without the consent
of the respondent or leave of the court
2 An order allowing amendment If tha
complaint made before the trial and not as
part of it cannot be reviewed on appeal from
following City of Wtnona Minnesota Rail-
way Construction Co., q MIMI, Ais.
D. This action is upon contract by de-
PENDANT to insure the plaintiff. a common
carrier, to the extent of It's liability as such
for loss by fire on grain in its elevator at
Its terminal station. The complaint set out
carriage of the grain of certain shippers with
the obligation to safely deliver it at such
station, to the connecting carrier; that while
1t was awaiting in such elevator such deliy-
cry, in the usual course of its carriage the
grain was lost by fire, and that the plaintiff
had paid the shippers therefor but did not
In express terms allege that the fire was due
to the negligence of the carrier.
Held, that the complaint stated a cause of
action.
A. The answer alleged that the contract of
carriage was evidenced by a bill of lading
containing stipulation modifying the plant
iffs common law liability, and that the fire
was not que TO ltS negligence. The reply adj
mitted the bill of lading and afirmatively
alleged that the fire was caused by plaintiffs
negligence.
s. Held, that carrier may lawfully insure
against liability for loss Of goods carried,
though oecasoned by the negligence of his
own servants.
g. Evidence considered and held to sustain
the findings of the court to the effect that
the fire which caused the loss of the grain
was due to the negligence Of the plaintiff.
and that the defendant waived the furnishing
of the proof of loss within the time limit by
its policy.
z. The plaintiff had other insurance on the
grain, payable to itself, for the benefit of the
shippers. in sum equal to the amount
named in the defendants policy, which pro-
vided that the defendant should not be liable
for a greater proportion of any loss than the
amount insured should bear to the whole in
surance.
The trial court held the defendant liable
for one-half Of the loss. Held. that the court