The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1897-10-19
"BLTND PIG" PENALTIES.
Important Decision by the Supreme
Court Yesterday.

"RLIND PIG" PENALTIES.
important Decision by the Supreme
Court Yesterday.
A decision of considerable Importance
to the smaller communities in the state
in its application to their cruSadeS for
the enforcement of the ordinances reg
ulating the sale of intoxicating liquors
was handed down by the supreme
court yesterday. Martin P. Holt, of
Elbow Lake, was arrested for selling
intoxicating liquor without a license.
On trial in justice court he was con-
Iicted. The maximum penalty which
a justice may inflict is fine of 500
or a sentence of imprisonment for not
to exceed thirty days. Holt appealed
to the district court, claiming errors
both of law and fact. In the district
court he was again convicted, and the
court sentenced him to pay a fine of
$100 and costs. His counsel claimed
that in any case the sentence imposed
by the appellate court could not eX-
coed in severity the limit which it was
within the power of the court of orig
inal Jurisdiction to impose. The SUI
preme court, however, oVerrules this
argument, and holds that, so long as
the district court does not impose a
penalty in excess of that fixed in the
ordinance. it is not bound either by
the sentence-of the lower court, or any
limitations placed upon the lower court
by the law.
The decision is quite a victory for the
temperance people, as in a number of
communities where there are special
ordinances for the regulation of the
liquor traffic, in which the pa atty
violating them is greater than the
maximum sentence conferred on the
justices of the peace, there has been an
incentive to the accused to appeal, as
under the theory of the defense in the
Holt case, he could not be assessed for
the costs of the subsequent proceed
ings, and might get a victory The
decision of yesterday, no doubt, will
have discouraging effect on these APP
peals.
The syllabus of the decision is as fol-
lows:
Village Of Elbow Lake, respondent, VS.. Mar
TN +. Holt appellant.
The complaint held TO sufficiently a1leee
that sale of intoxicating liquor was made
without having first obtained a license there
for.
Where a party appeals to the district court
on questions of both law and fact from a
conviction and sentence in justice court for
the violation of village ordinance and upon
tflal OF the appeal is again convicted, the
sentence OF the district court is not limited
by the sentence Of the justice, but the court
may impose any sentence within the limits
of the penalty prescribed by the ordinance.
The sentence of the district court was that
tne DEFENDANT pay line of 500 and costs,
but the amount of the costs was not inserted
IN the Judgment. Held, that this omission
was no ground for a reversal of the Judgment
As 1t stands it is a good judgment for the
500 fine. Judgment affirmed. Mitchell, ].
decision of special interest TO lumber
men, defining the rights of holders of land
under the Sioux half-breed scrip act is
handed down also:
Henry Coursolle, appellant, vs. Frederick
Weyerhauser ct al, respondents.
The appointment by a minor of an attor-
ney to sell and convey real estate and a con
Veyance by the attorney under such appoint
ment are not void but merely yoidable and
capable Of ratification by the infant OF at
tanning his majority.
Gonceding that land entered with Sioux
half-breed scrip issued under the act of
congress of July H. 1854 (Which is not as
signable), becomes the absolute property OF
the seripee unaffected by any prior deed con-
tract or act OF the scripee, yet as soon as
it is located the land is subject to aliena-
ton or other disposition by him and the
title may be affected or lost by his subse-
quent conduct the. same as if it had been
acquired in any other way. While the acts
OF the scriDee before the location of the
scrip may not be resorted to as original evil
dence of laches or estoppel by conduct they
may be considered for the purpose of char
acterizing his subsequent conduct
Facts considered and held that the plain
tiff is estopped by his conduct from assert
ing that deed of land entered with his Sioux
half-breed scrip isS void because executed
before the land was entered. Judgment ar-
firmed -MitcheII 7
The opinions handed down yesterday are
all by Justice Mitchell. The syllabi are as
follows:
Lee Combs, respondent, vs. B. Jackson and
appellants.
j. having entered into contract with the
City of Minneapolis to pave a certain street
he and a surety executed bond to the city
pursuant to General Laws, 1895, Chapter 354
j. sub-let part of the work to c. A fur
nished to c. certain material which was used
in the execution of the contract. Plaintiffs
assignors (siX in number) severaily perform
ed labor for A. in preparing the material
furnished by him to c. In an action on the
bond to recover for the labor performed for
A by PLAINTIFFS assignors. He'd
FirSt-That the evidence justified a finding
that A. was a "sub-contractor'' within the
meaning Of the statute and as such furnished
the material in the execution of the con-
tract between ]. and the city.
Second-That plaintiffs assignors having
performed labor on this material at the re-
quest Of a sub-contractor, had a right of
action on the bond, although when they per-
have in mind the contract between ]. and
the city and did not perform the labor with
the particular intention of aiding in the ex-
ecution of that contract
ficient basis for determining how much was
due each of plaintiffs assignors for labor per-
formed by them severally on the material
furnished by A. to c. and which was actually
used in the execution of the contract with
the city Judgment affirmed. Mitchell, j.
Charles A. Duby, respondent, VS.. B. Jackson,
ct al, appellants.
Combs VS.. Jackson and American Surety
Company supra, followed. Judgment affirm
ed. Mitchell, ].
o. O. Sundet and T. o. Sundet, partners as
Sundet Bros, respondents, VS.. John Steen-
erson, appellant.
Under General Laws 1894 section 5072, the
absolute right Of an appellant from the judg-
ment of a justice of the peace to enter his
appeal for trial on the district court calendar
terminates with the second day of the term
and does not continue until the respondent
has exercised his right under the last clause
of the section to have the Judgment of the
justice affirmed and entered against the ap-
pellant.
The court has the power to relieve an ap-
pellant from his default, and to allow him
to enter his appeal at later day of the
term following Christian versus Gustafson,
Octboer term 1897); but where such relief
has been improvidentiy granted the court
may subsequently vacate its order and re-
store the respondent to the right to enter