The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1897-02-02
RED LAKE HLh RIGHT
NEW COJNTY'S ORG ANIZATI0N Is
SUSTAINED BY THE SUPREME
COURT.
COLUMBIA AND MILLS LOSE,
THE ONE WITH THE MOST VOTES
BEING DECLARED THE WIN
NER
WILL FAMILY's WILL CONTEST
Ends in Second Victory for the
Sisters of the Order of st.
Benedict.

Red Lake county is now a full sister
in the galaxy Of Minnesota counties,
the supreme court yesterday deciding
that the organization of the county fol-
lowing the recent election was entirely
valid. Thee were three main Objec-
tions TO the admission of the new
county. but two of these had been
practically passed upon by the att0r-
ney general and by the court during
the few months prior to the election,
and the entire problem, it might be
said, went before the court on the CUES
ton whether or not Red Lake county
could be Incorporated, comprising as it
did certain territory embraced in the
rival counties of Columbia and Mills,
both of which were also carried by ma
jorities of the popular vote in the re-
cent election. Chief Justice Start. who
writes the opinion in the case. states
therein that he and Justice Buck agree
that the mistake was made in permit
ting conflicting provisions to be sub
mttted e the people at the same elec-
ton, but the rest of the supreme bench
OVerruled their opinion as TO this point.
and from that en- the question became
largely arithmetcaL
Red Lake county was voted for bv
952 people, while AL voted against it;
Columbia county Was voted for by
515, while 107 voted against it. Mills
county received S34 votes YES. only IS
ne It VIII thus be seen that so far
as TIE vote was concerned, all three
counties We're adopted, and had the
boundary lines not conflicted, the trou
bic would have been obviated. This
not being the case. however the court
holds that the county receiving the
largest number Of votes is entitled to be
organized.
This raises another question which
may come into the courts soon, and
that is whether the organization Of Co
lumbia and Mills counties would be
valid as to such portions thereof as are
not embraced within the confines of the
new Red Lake county. The syllabus of
yesterdays decision > as follows:
state OF Minnesota eX rel H. w Chi1ds
rel2tor, vs.. Board Of County Commissioners
OF hed Lake county ct al, respondents
oylIdDus: tlrst-Laws 1873. chapter 143 en-
Titled An act TO provide for the creation and
organization OF new counties and government
OF the same, is not uucons.iutianaI for the
alegeu reason that its subject is not ex-
pressed in its title. as required by article 4
section e. Of the cons Itujion. =
Seeond-An electoT may legally sign two
or more non-c0mpeing petitions for the crea-
ton and organization of new couuties under
the provisions of this statute
IhIrd-Al propositions for the creation Of
sucn new counties whether competing or 9TH
e. wise, II supported by valid petitions must be
submitted, t. the electors; but only ono of
me competing propositions can be adopted at
the same election, and to secure this result
II must receive majority of all the votes
cast thereon, also a plurality of the votes cast
on the propositions with which it is connecting
Writ discharged.
Other decisions by the chief justice
are as follows:
In re condemnation of certain lands La
1ayette q. NJ Fletcher, appellant VS.. Chi
cago, ST. Paul. Minneapolis & Omaha Rail-
way company, respondent.
syllabus: First-The petitioner in con-
demnauon proceedings may legally amend his
petition; with leave of the court, SO as to
strike therefrom land as to which he does not
wish to continue the proceedings the owner
OF such land not Directing
Second-The respondent having decided to
chahge the line of its railway through the
City OF Mankato instituted proceedings in this
matter to condemn the right of way for its
new line, and on the hearing of its petition
II oHered IN evidence an ordinance of the CITY
authorizing such change, which was objected
70 on the ground that its provisions as to
rights in the streets which it purported to
grant to the respondent were invalid No
rights OF the respondent in any of the streets
were involved in such hearing: Held that
dence
Third-On such hearing the material and
competent evidence was such as to require a
hnding that public interests required and
would be promoted by the construction and
operation of the proposed new line:
Held, that it was not reversible error to re-
eeiVe other evidence tending to show the
amount already expended by respondent on
the line.
Fourth-Held that the evidence was sufi-
Gent to sustain the finding of the trial court
20 the effect that the board OF directors of the
respondent duly determined by a two-thirds
vote Of the whole number thereof, to alter the
line OF its railway as proposed in it's petition
Fifth-It IS not necessary in a petition to
condemn land for railway purposes to specify
the particular public to which each tract
OF land is to be put. A general allegation of