Omaha daily bee., 1896-12-26
HOLD CONTRACTS SACRED
South Dakota State Printing Must Be
Bquitably Distributed,
SUPREME COURT PRoSCRlBES FAvoRlTEs
other Questions of Importance A.
tract the Courts Attcntion-Lin-
bility of Newly Organized
Counties Clearly stated,

PIERRE, S. D., Dee 25.--(Srccial)-
Among the decisions handed down Wcduos'
day there are several of general or special
Interest; among the one In which the de-
csion was written by Corson In which the
title is Arthur l., Carter assignee OF tho
Free Press company, ana W. G, Yates against
the State Of South Dakota" which is brought
as an original action in the court Carter
as assignee sued for the value Of certain
printing which the Free Press and Yates
claimed they were entitled to under con-
tracts with the state and which work had
been given to other parties by the state Of
hclals who had the work to give. The case
was submitted to a referee, and his finding
as to the amount of damage sustained by tho
action of the state officials has been slightly
reduced by the court and Judgment given 10
Carter for SiiO. with interest from June 80,
1898, on the claim of the Free Press; and
for S966.i5 with interest from september "a,
1894, on the claim of Yates. This decision
will probably lead to other claims being
filed for damage In cases where State officials
have refused to give out work in accordance
with contracts. and allowed favOritCs to do
the work.
AS TO LIFE INSURANCE.
In another case In which the decision was
handed down by Fuller, in which the tito
and George Holt, Copartners," the question
involved affects the lie insurance laws of
the state Suit had been brought by cred
itors to recover life insurance money which
was the only asset left ny the creditor and
defense was set up based on the law Of
1895, which is in substance the exemption
from the payment OF existing debts the
avails OF all lie insurance policies hereto
fore or hereafter issued in all cases where
the insured lat the time OF death reside or
resided in the state aud leave or left sur
viving widow or husband or any minor chill
dren." The conclusion Of the court Is that
said section. in far as the same relates
to antecedent contracts. Is imperative, be-
cause in conflict with the constitution, ana
that the decision Of the trial court based
thereon is not svstNinahle."
The law is held good so far as it concerns
any case after it's passage, but not where
its effect IS retroactive.
Another case In which the opinion WIS
written by Haney is an original suit brought
against the state by Lyman county fur he
expense of a murder trial. Mat Matson was
murdered in Lyman county before the county
was organized and Henry Schroeder and
Frank b. Phelps were arrested for the criLio
STATE is LIABLE.
Before the time of their trial
Lyman county was organized
and. the prisoners were turned
over to the officers of the county
for trial. Schroeder was found guilty and
given life sentence, and Phelps was taken
to Hanson county for trial, where he was
also given a life sentence, ana an appeal
taken to the supreme court, hut before the
court had reached n decision on the
case he died in the Hanson county
jail Lyman county sued the state for
the expenses of the trial on the
ground that the .crime YVES committed in
an unorsanized county, and that the eX-
pense should be borne by the state. IL
was oonended by the attorney general
that, while the crime was committed in the
county a few days before it was organized,
the trial was held In the county In which
the crime was committed. and the expense
incurred in an organized county. and the
state was not liable The court holds that
the state is liable in the following:
Docs the fact that it Uhe traD was
removed to Lyman, upon its organi-
cation, change the result? We think not.
The state has undertaken TO provide means
for enforcing the criminal law in unorganized
counties A murder was committed in one
Of these counties; It gave rise TO a criminal
prosecution; having thus arisen. all the eX-
penses of such prosecution should be paid by
the state when the conditions existing in
newly organized counties are considered tho
Justice OF this conclusion Will be readily
conceded"