The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1897-07-03
WOULD SPLIT 1T TOO. MUCH.
COURT HOLDS THAT COUNTY
MUST BE ALL IN ONE
PIECE.
LOWER COURTS ARE AFFIRMED
In All the Decisions Handed Down
by the States Highest Tribunal
Yesterday.

There is not now any Garfield county
in Minnesota and there can not be Oh
the lines drawn by the boomers Of
southwestern Polk county, who hoped
to establish it. This is the dictum Of
the supreme court as contained In
decision handed down yesterday. The
principal reason taken into account
by the court is that If Garfield county
were attached, it would leave Polk
county entirely divided into two parts,
with strip of twelve miles between
them.
At the EAST election, there were six
propositions to DIVIDE Polk county into
number of smaller counties. 1t was
conceded tie day after election that
all save the propositions for Red Lake
and Garfield counties were defeated.
1t was conceded that the proposition
to organize Red Lake county has car
ried as the returns showed a vote of
942 in favor of, and AT against the
proposition. The returns, on the other
hand, showed that Garfield county had
received only COS votes, while there
were COS against it.
The GARFIELD county boomers imme-
jority of the votes in favor Of the
proposition.
The syllabus of the decision is as
follows:
In the matter of the creation and organiza-
ton of the proposed new county OF Gar
field Brown Duckstad ct al contestants
and appellants, VS.. The Board of County
Comm. ss.oners of Polk County, respond
entS.
l. Section l, chapter 143, Laws $685. G. s.
1884, sec. gu, providing for the creation and
organization of new counties, construed and
held that new counties to be created out
of territory to be detached from county
already organized, must be composed of con-
tiguous territory and leave the remaining
part of the original county one contiguous
portion or territory.
2. Held further, that the trial court rightly
dismissed the contest in this matter, on the
ground that If Garfield county were estab-
lshed it would divide the remaining terri
tory of Polk county into two entirely sep
Start, c. ].
Other decisions were:
A. F. Sweetser, as assignee, ETC., appellant,
VS.. Peoples Bank of Minneapolis, respond
ent.
bank has the right to set off note
owing it by an insolvent depositor against
depCstor's account, whether the note is due
or not. Order affirmed. Buck, J.
Elmer Antill, respondent VS.. Warren Pot
ter ct al, appellants.
The issue herein was as to the number
of feet in certain logs sold and delivered by
plaintiff to defendants. The logs were
in fact surveyed by a deputy surveyor gen.
eral, but his report thereof was not APP
proved recorded by the surveyor general.
Held that it was competent to prove by
the deputy the fact that he made the survey
and the result thereof. Order affirmed
tt Start. C.. ].
Emily H. Babcock, respondent, VS.. Caroline
c. Murray ct al, appellants.
Evidence considered and held that it sus-
tains the findings of the trial court to the
effect that the promissory note upon which
this action is based, was obtained from the
defendants without fraud for valuable con-
sideration, and that it is not usurious. Or
der affirmed Start G. l.