The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1898-04-06
SUPREME COURT OPEN AGAIN
GREATER PART OF THE DAY
-
SPENT IN SETTING CASES
That of Durham, the Minneapolis
Alderman, VIII BE Heard June 20,
Although His Attorneys Wanted
1t Put Over TIL Fall-ImpOrtant
Appeals on tho Calendar-Test
of the Anderson Law.


The April term Of the supreme court
opened yesterday with all the judges
present. The work Of setting the cases
occupied greater part Of the day.
In all there were 254 cases appealed
from the lower courts Of the state, OF
which twenty-four were state cases.
The case Of the state against once
Alderman Durham, Of Minneapolis,
was set for argument June 20. Messrs.
Harrison & Noyes. Mr.. purnam's at.
tinued until the next term and also
asked for additional time to make their
arguments on the day of hearing.
The law limits arguments of council
to one hour, except when otherwise or
dered by the court.
The court took the motion Of Mr..
Durnam's attorneys under advise
ment.
The case Of Senator S. D. Peterson
against the Western Union Telegraph
company was set for hearing on April
l5. The case was before the supreme
court last year, having been continued
over. The lower courts awarded Mr..
Peterson $4,000 damages against the
telegraph company.
The Ramsey county officers salary
case will be heard on April IL. County
plain to the court why he should be
granted a writ of mandamus to compel
County Auditor Sullivan to pay over a
certain portion of his back salary. The
case will determine the right of the
council to reduce salaries fixed by law.
The court will listen to arguments IN
the case Of Julia A. Cling, sister OF
Catherine Cling, the victim of Harry
Hayward, against the Travellers 1nsur-
aF Hor
Miss Cling seeks the aid Of the higher
courts to compel the company to pay
her the insurance on her sisters life.
The case will be argued by w. H.
Eustis, Of Minneapolis.
The following motions were made be-
fore the court and disposition made as
below:
State, respondent, vs.. George A. Durn-
am; motion to continue by appellant taken
under advisement; case set for June 20.
Ida Verona Hershey ct al. appellants, VS..
Isaac Willis ct al, respondents; motion to
D. E. Ryan & Co., respondents. VS.. John
Sheehan and others, appellants stricken
Elias M. soggy, appellant, VS.. Crescent
Creamery Company, respondents; motion TO
dismiss by respondent denied.
Nessie NJ. McKittrick. respondent. VS.. VII
liam F. Cahoon, appellant; motion to dis
miss: respondent to file counter afidavits
calendar No. 81. which is the same title.
Q. ]. Weida, respondent, VS.. C., M.
St. P. Railway Company, appellants; mo
ton to dismiss taken under Amusement.
William H. Rand, respondent, vs.. E. A.
Perkins ct al. appellants; motion to strike
from calendar taken under advisement
F. j. Crane ct al, respondents, VS.. Frank
NJ. Smith, administrator, etc., appellant;
set for June Is, with leave to respondent to
renew motion to dismiss.
Honora Lyle, respondent, VS.. the Z. u.
W. Railway Company. appellant; motion to
affirm taken under Amusement.
Hans Halsen ct al, respondents, VS.. State
Bank ct al defendants motion a91,s to me addl-
defendant; Willis T. Roberts, respondent.
The following cases were submitted on
briefs:
Charles Nickerson, appellant, VS.. Wells
Stone Mercantile Company. respondents.
State of Minnesota, respondent, VS.. Attor-
Henderson, appellant
Austin, appellant.
Thomas Galley. respondent, VS.. ]. ~
Rodger ct al, appellants.
Reinhod Zeglin, respondent, VS.. Board
County Commissioners Carver County, ap-
pellant.
respondent, VS.. Engleburt X. Dokke, APP
pellant.
Perhaps the most important case on
the calender is that of the State OF
Minnesota, ex rel James N. Mari, re-
spondent, against Fred Stearns, coun-
ty auditor of Aitkin county. This in
wolves the constitutionality of the An
derson law, so-called and is quite i'm
portant.
1t is an appeal from a judgment OF
the district court of Aitkin county, de-
creeing that a peremptory writ OF
mandamus issue, commanding the de-
fendant the county auditor, TO place
certain pieces of real estate described
in the alternative writ upon the tax
A 1T, 1907
and extending the taxes against them
The lands are all granted by the
United States to the railroad COM
panies, one parcel belonging to the st.
Paul & Duluth road, one to the North
ern Pacific, and one to the Great
Northern.
1t is claimed on the part of the ap-
pellant that the lands in question are
not subject to ordinary taxation, for
the reason that the railroad companies
which own the lands in question pay a
certain percentage of their gross earn
ines In lieu of all other taxation under
the various statutes ofthe state con-
stftuting valid contracts between the
state and companies, and therefore
they should not be placed on the tax
lists Of said county.
The case is set for Thursday of this
week, H w. Childs and A. G. Merrill
representing the respondent; Hadley
& Armstrong, Clapp & Mccartney, g..
w. Bum and M D. Grover, the appel
1ants.
Other important state cases on the
calendar are State ex rel. Nils c. Brun,
against Sven Oftedal; State ex rel. Sis
ters' Order Of st. Benedictine, against
Gebbard Willrich; State ex rel. City of
st. Paul, against District Court of
Ramsey county.
The case of the State of Minnesota
ex rel H. W. Childs against the Duluth
Gas and Water company is set for
June g. It will be recalled that a writ
Of quo warranto issued against the
company asking by what authority it
exercised it's rights, privileges and
franchises and why it's franchises
should not be declared forfeited for
willful abuse and improper neglect. The
matter was heard before the attorney
general, who found in favor of the re-
lator.
It Is not thought that the case will
ever be heard by the supreme court,
for the reason that negotiations are
now pending for the sale of the COM
pany's plant to the City of Duluth, the
people of that city having voted to
purchase.
The calendar arranged yesterday will
carry the session of the court into the
middle Of July.
REFUSES TO REOPEN 1T.