The Saint Paul globe., 1897-05-27
HOLDS THE LAW VALID.
Supreme Court Knocks Out the Pine
Magnates.

Supreme Court Knocks Out the Pine
Magnates.
Justice Buck, Of the supreme court,
yesterday reversed the decision of the
court in Itasca county and declared
valid the law of 1893 authorizing the
governor to appoint special appraiser
to appraise lands or other property in
any county when the people, by petit
tion, stated it to be their belief that
property had been undervalued by the
assessors.
Weyerhaeusers, Morton D. Hull & Co.,
and the Winona Iron company, as well
as other owners Of pine lands in that
county will have to submit to an in
crease of about 100 per cent in the
taxes on their pine land holdings In
that county, and that they will have
to pay the state the difference between
the value at which the lands were as
sessed and their real value from 1883
up to date.
The lands were purchased by the par
ties to this suit about Oct l, 1894.
From 1888 to that time the former own
ers had paid a certain amount Of taxes
upon them, the amount levied by the
assessors, but the people of the county
claimed that the lands had been gross
ly undervalued. In 1893, the legislature
passed law providing that when the
people of any county petitioned the
governor, stating that certain property
in their county was undervalued, and
was not paying it's just proportion of
the taxes, that the governor might ap-
point special appraiser, not resident
of that county, to appraise the lands.
He was to file his report with the
county and state auditors, and the lands
were to be assessed at the valuation
he placed upon them, subject, Of course,
to the usual hearings, and a revision
by the courts or the proper authorities
If an injustice had been done. Gov.
Nelson appointed Senator Theden to
do this work in Itasca county, and ne
made his report about the 1st of Janu-
ary, 1894. The assessment on this prop
erty was raised, in some places, as
high as 100 per cent The lumber COM
panies began a fight to have this set
aside, and finally carried it into the
courts, where they claimed that the
law was unconstitutional on the ground
that it violated section 1, article 8, of
the constitution, by giving judicial
powers to an officer of the executive
department.; that 1t allowed the taking
of property without due process of law;
that it was contrary to the principles
Of justice upon which the state and ma
tional governments are founded, and
that it provided for unequal taxation.
The district court declared the law
unconstitutional. The supreme court
reverses the decision and turned the
lumbermen down on all of their propo-
sitions They did not deny that the
property had been greatly underval-
ued Agss, 1saa
The court holds that the act, in
stead of providing for unequal taxa
ton, aims to equalize it by making
these lumbermen pay their just share;
that it is an act Of justice, and that
it does not take property from persons
without due process Of law, because
the parties have notice when they are
summoned to court if at no other time.
The syllabi of the decisions are as
follows:
In re-proceedings to enforce payment of taxes
for 1894 in Itasca County; State of Mime
sofa, plaintiff. VS.. Frederick Weyerhaeuser
ct al, defendants.
General Laws of 1893, chapter 151, provides
for the taxation of property undervalued or
unlawfully omitted from assessment, and for
re-assessment where there has been gross
differentiation of such property.
Held, that such law is constitutional.
Charles G.. Klotz, administrator, etc., of
Christian Hacker, deceased, respondent, VS..
Winona St. Peter R. R. Co., appellant.
1. Although a railway company possesses
the right to the use of it's track across
public highway the public still retains its right
to use such crossing as a highway and in
the proper use thereof the traveller is not
trespasser.
e.. When railroad car and engine are be-
ing pushed backward over highway crossing
extra precautions should be used by the rail-
lawfully upon the track, and this rule is
especially applicable where the crossing is
so used infrequently at irregular times as
side track for switching purposes.
r111n roi1
is required to take greater precautions at a
dangerous crossing in a city than at the
ordinary highway crossing in the open coun-
try
Held, upon the facts in this case it was
question for the jury whether the railroad
company was guilty of negligence in operat-
ing its cars over the public highway crossing
in the manner it did at the time of the acct
dent and also whether the plaintiffs intestate
was then guilty of contributory negligence. At
frmed. Buck, ].
Charles E. Camp, appellant, VS.. Timothy Muir
ply, respondent.
A renewal affidavit of chattel mortgage was
taken before person who signed the jurat as
W. F. Cooley, recorder" The record showed
the existence of the village of Morris, in
Stevens county Minnesota; that in said vii
lage there was an office designated as Office
of village recorder; that there was, in fact,
that said affidavit was, in fact filed in said
office where the original mortgage was filed;
that said Cooley certified upon said affidavit
with proper venue thereon endorsed that said
affidavit was filed in his Office and affixed his
signature thereto the word recorder
Held in Connection with all the facts in
this case sufficient designation of his Of
flee and that the affidavit valid. AZ
frmed. Buck ].
John W. Wiloughby ct al, respondents, VS..
st. Paul German Insurance Company ct al,
defendants; August Steffen, intervenor, ap-
pellant.
An insurance company duly insured certain
property which was afterwards damaged by
fire and the extent of such damage was ad-
justed by it and the insured, but there was
no adjustment by the parties Of any liability
on the part Of the insurer and no promise
to pay the damage. The policy provided that
no suit or action on said policy should be
sustained in any court of law or equity unless
commenced within twelve months after the
fire. More than year elapsed before an ac-
ton was brought by the insured.
Held, that the mere adjustment of the
amount of the loss by the parties was not of
itself an admission on the part of the insur-
ance company that any liability existed against
it on such policy or raised an implied promise
to pay it, and that the action was barred by
the statute Of limitations. Judgment affirmed.
PREFERRED A CELL.
Charles A. Sunville Refused to Ac-