Iowa County democrat. [volume] (Mineral Point, Wis.) 1877-1938, 1897-11-18
Madison, Nov. Il,

Tuesday the supreme court handed
down 4 decision by which the city of
Madison wins the case against G, NJ.
Mayors and others. The suit VAS the
first suit brought by the present city
attorney, now nearly three years ago,
To restrain the filling in of Lake Mo
mona along SMight street between the
orphans home property and Ii. l..
Fairs. The city contendod that the
street extended into and along the
and obtained an injunction to restrain
the claimants, G.. NJ. Mayors, j j,
Powers and others from filling In the
lake. The defendants claimed that
according to the plat, there was
block OF land lying between the street
and the lake, and being owners of tho
lots In this block, they had ii right to
fiji. Judge Siohecker not wishing to
hear the matter, Judge Clementsou
was called IN, The trial OF the case
lasted several days Tho city attor~
ney was assisted throughout by II, M.
Bashfod, whilo Chynoweth \ Wynne,
Il Swanson appeared for the defend.
ants. Judge Cementson decided
against the city on every point. The
defendants then attempted 10 assess
damages for being restrained from
filling In, for attorneys fees, and for
costs From this decison an appeal
was taken by the city The case was
NJ gued in September In the opinion
filed the supreme court through Judge
Cassoday rcvorscs tho decision
of Judge ClomontsOn. Tho court holds
that the plat Is rs II was laid upon the
land that as there were no monu-
monts the streets are streets as they
have long existed that Spaight street,
the street in question, Is 66 feet wide
extending south from the present
boundary of block li9; that the streets
are streets by plat and not by user.
This brings the street out into the
lake, and shuts out Mossrs. Powers,
! Mayors, Kerns, and also Mr.. Lamb,
who was not II party. Mr. Heath hay
ing had a strip of land south of this
extended lines Of the street. holds this
with his tilling. The result OF this
decision II Is believed. viii be to give
the city small, but In time n beauti-
fIIl nnrl ha I,.Ir
One decision of general interest was
that In the case of Emma Schmidt,
plaintiff and appellant. against the
supreme tent of the knights OF Mac-
cabees OF the World, an organization
which does II mutual insurance but
ness In the state. Henry H. Schmidt,
In Oshkosh. In 1893. he Joined the
order and took out II 81 900 insurance
policy, ono of the conditions Tor pay-
ment Of which was that he should
strictly regard All the rules or the or
der then existing or thereafter TO be
accepted. About month later the
organization adopted IL new bylaw
oscribing from the insurance list or
the order persons engaged In certain
pursuits including dealers In liquor.
! Schmidt continued to pay his dues ana
ass ssments. About month before
his death, which occurred In 1875, he
fitted up saloon In the basement UNI
der his bakery, took out q license and
employed n man TO conduct the bust
ness. In the absence OF the bartender
he occasionally waited on customers.
The organization did not know OF TINS
saloon business until after Schmidts
death. Payment OF the policy was re.
fused. Mrs Schmidt was defeated In the
lower court and the supreme court
affirmed the Judgment.
August Hoffman, who stands con
vioted Of murder in the third degree
for killing William Herzog IN a saloon
row IN Marathon county two or three
years ago, was granted new trial
through Il wit Of error. The trouble
started at dance In n room over the
saloon and originated between August
/ Hoffman and one Ristow. They went
down stairs to settle the trouble. Al
bert Hoffman took hard In the fight
which followed between his brother
and Ristow, llerzog, who was stand
ing near, remarking that two against
one is too many" took Ristow's part
and thereupon August stabbed him.
He died Il few hours later. The case
was tried twice and II was upon the
manner In which the second actlon
was instituted that the application for
writ Of error was based. He was
first tried in Marathon county and
convicted OF murder in the third de-
gree. but by order Of the supreme court
was granted new trial In the orig
inal Information 10th August and Al
bert Hoffman and Ferdinand Helse
were jointly informed against. but In
the FIRST trial the court dlsmissed the
action as to Albert Hoffman and
Heise. On the second trial, held In