The Saint Paul globe., 1897-05-28
1T FAvoRs A CERTAIN CLASS.
BESIDES 1T IS HELD TO BE AN
ABUSE OF THE POLICE
POWERS.
ANOTHER DAMAGE CASE FAILS.
William Frederick Declared to Have
No Claim Against the City as the
Lower Court Held.

| ed down by the supreme court ycSlef-
| day, was one which declares unconstl-
! tutional the public warehouse law OF
| 1895, which provided that every public
warehouse other than those used for
+! the storage Of grain, should secure
| licenses from the government Within
| thirty days after the passage OF the act,
| and further, that all railroad companies
! should be required to turn over to the
| warehouse companies all goods which
had be en- uncalled for in their possession
| for twenty days or more. It was pro-
| vided that the storage company was to
pay the transportation charges and
take a Hen upon the goods in the
amount expended.
| Several Of the roads notably the Great
Northern and Chicago Great Western
and Milwaukee, contested the matter,
only to be defeated in the district court,
| but upon appeal, the supreme court
turns down the lower court, reverses the
decision and says the law is unconstitu-
tional. In his decision, Judge Mitchell,
who contributes the opinion, sets forth
| that the act is a remarkable one and
apparently designed to favor
certain class of warehouse men, and Is
not in anywise for the public benefit.
The Judge declares 1t to be an abuse OF
| the police powers of the state, and an
altogether unwarranted interference
with the rights Of the citizens to pursue
| whatever calling they may see fit. This
| he finds one good reason for declaring
| the law unconstitutional
A second decision affirms the decision
| of the lawer court against William
Friederich, who sued the city for In
juT1es to one Of his eyes while he was
| member of the street force Fr1ede-
rich was engaged digging a track ON
University avenue when q splinter from
| a. stake being driven by a fellow laborer,
struck him in the eye. He sued Tor
damages and claimed that the city was
negligent in not providing an iron cap
| for the stake before it was to be driven.
| The courts, both district and supreme,
| hold that this iron cap is for the pro-
| lection Of the stake and not for the
man, and that driving the stake with
out the iron cap is not necessarily dan
gerous The supreme court aff1rmS the
lower courts decision. Following are
| the syliabi Of the cases filed yester-
day:
waukee & st. Paul Railway Company, de-
fendant.
State of Minnesota plaintiff. VS.. Great North
ern Railway Company, defendant
State of Minnesota, plaintiff, vs.. Chicago
| Great Western Railway Company, defendant.
| State of Minnesota, plaintiff, VS.. Minneapolis,
St. Paul & Sault Ste. Marie Railway COM.
pany, defendant
The proviso in section II of General Laws
| 1896, chapter 149, requiring railroads and
transportation companies to turn over to !, a
property which the consgnee falls to. call
| for or receive within twenty days after no
tice of it's arrival is unconstitutional and void,
| not being lawful exercise of the police
| power Of the state. Orders reversed.
Mitchell, J.
| of st. Paul. respondent
Syllabus-Held, that there was no evidence
OF negligence part of the city; that II
there was any negligence proven it was that
of plaintiffs fellow servant Order affirmed.
Mitchell, j.
| Mary ]. Brandes, respondent, VS.. Herbert M
Carpenter, appellant.
ward failed for twenty-five yeers after
| she attained her majority to take any steps
to compel her former guardian to render and
settle his account in the probate court or
| turn over the property in his possession This
! delay was not explained or excused. During
all this time there was nothing done on part
| of either the ward, the guardian or the
| sureties on his bond by way OF recognition
| or admission Of the guardianship as subsist-
| ing or undischarged trust: In the meantime.
| one of the sureties on the guardians bond
! had died (nine years before suit on the bond)
and from the facts disclosed by the evidence
| presumably the guardian had become insol-
| vent.
| Held, in an action on the guardians bond
against the surviving surety, brought by the
| ward over % years after she came of age,
| that her laches, irrespective of any statute
| of limitation. was bar to her recovery. Or
| der reversed. Mitchell, j.
soie Carlson, as admdnists atrix, etc.. appel
| ant