The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1899-12-19
CYCLE PATHS STATUS
POWER OF COUNTY BOARDS TO SET
ASIDE PART OF ROAD THERE
FOR UPHELD
BRADFORD GETS A NEW TRIAL

Indictment Accusing Him of Tres
passing on the Rights of the Cy-
cling Fraternity Did Not stand
Test of the Supreme Courts In
QUESTION, as 1t Did Not Say That
the Path Was Part of a Highway.
Judge Canty, In a decision handed
down in the supreme court yesterday,
decides that the county commissioners OF
Hennepin county not only have rlght
to segregate a part Of highway ana
Improve it as cycle path, but they nave
a right to protect it from use by those
other than bicyclists. The court. In
test case brought in the district court OF
Hennepin county, decides that Alfred
Bradford, against whom the charge OF
violating the ordinance which prohlolts
the driving of teams across the path'
can be properly prosecuted, as the law Is
constitutional, but IN the particular case
at issue there Is q flaw In the mdlct-
ment. The court therefore grants new
trial.
The case Is of interest to wheelmen gen.
orally as it involves the question OF the
boards right to set aside part OF high-
way for cyclists, and decides that as At
has that power, the ordinance which pro-
tects the path from trespassers Is Fdiiu-
The syllabus is as follows:
State of Minnesota, respondent. vs. AL
fred Bradford, appellant.
Syllabus-1. Section l, chapter, a, Laws
1899. construed and held not void for I'M
certainty.
q rToI5 +bo soct;OD should he cut down
by construction so as to apply only TO
cases of injuries to public bicycle paths.
g. Conceding without decldlng =. tI it
prior to the passage or said chap. 20 Inc .
county commissioners had no authority
to set apart a portion of pubic Ihgn-
way for bicycle path for the eXclu?lHe
use of bicycles held, that chapoer DS Is
piication ratified the act of the cor M IS
sioners in doing SO, or attenlpIlnS 70 ~ ~
so. and also by implication authorized
such commissioners Thereafter TO SCI
apart a portion of a highway for such
g. Held. the Indictment is fatally de-
fective in failing to allege that the oi-
cycle path Is part Of pubic highway
or public bicycle path.
Rule applied that an indictment Is not
sufficient which merely follows the Ian
does not sufficiently define the crime or
set forth all of the elements necessary
to constitute the offense Intended TO lie
punished. .
Another decision of yesterday was as
follows:
Torkel Thompson. appellant. vs.. David
L. Thompson. respondent.
Syllabus. A storage receipt Tor Wneat
delivered at public elevator, after stat
ing the rate of storage, contained the fol-
lowing clause: This charge for storage
shall cover loss by fire only; all other
damage by the elements, or by heating.
by riot. or by the act of God. or which
in any way have been caused by the
holder of this receipt, shall be excepted. "
Held, this by Implication constituted a
contract of insurance by the warehouse
man against loss by fire.
2. Held. by a subsequent agreement
modifying the contract so as to provide
that no charge should thereafter be
made for storing the grain, this implica-
ton dropped out. ard thereafter the ware
heuseman was not such insurer.
Held, such storage receipt. signed by
the agent of the warehouseman, consti-
tuted a written contract. the terms OF
which could not be varied by a prior or
contemporaneous verbal contract.
4. The defendant Thompson was doing
| business In the name Of Smith & Thomp-
| son. and the storage receipt was signed
! in that name.
Held, the terms of the receipt cannot
| for that reason be. varied by parof ex:
7 eept' SO far as to explain the fact that
DEFENDANT was doing business under such
4 firm name.
s.. Held. sec 1916, q. s. 1884. requiring
| a storage receipt reciting certain facts
| to be issued when the grain is denostted
| does not prohibit. a subsequent medifca.
ton Of such receipt by an independent
! verbal agreement.
| 6. Held, there was sufficient censidera.
! ton for such a modification
! Z. The storage receipt provided that
! the rate Of storage shall not exceed -four
| cents for SIX months.
Held this was intended to fix the rate
! of storage and not the duration OF the
| bailment.
6. Held. such contract of Insurance
| ceipt
Judgment reversed and new trial
granted. -Canty. J.