The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1899-07-18

Judge Canty VIII Busy Himself
in Minneapolis.
The supreme court has practically
wound up the business Of the April term,
and the dignified members of that body
deserted the judicial chambers to spend
their summer vacation amid more rural
surroundings. Chief Justice Start has
gone to Rochester, where he will stay
during the entire period. AS 1t is neces-
sary for some one member of the bench
to be within easy access during adjourn
ment, Judge Start will, while enjoying his
vacation, look after such matters as may
come up during the summer if any, He
! has resided at Rochester for thirty-fiye
years, and knows all the citizens of
Southern Minnesota, where he is regard
| ed as authority on all subjects His sum-
mers are always spent very profitably. He
mas fine library, including a choice COL
! lection OF law books, and those Of stand
ara authors. He is a great student, and
MS faVorite occupation Is pursuing some
abstract legal proposition, or digesting
the text Of some edifying edition. In this
| way ne Will while away the long days Of
| summer. He frequently visits the sea
| shore, but does not think he will do so
! this year
Judge Buck will remain in Mankato.
where he, too, has lived for generation.
Mrs. Buck has been an invalid for over
two years, and the judge expects to stay
pretty close to the bedside of his wife
whose condition Is very serious.
On the banks Of the Mississippi at St
Cloud, commanding a beautiful view of
the river, stands one of the prettiest
homes of Minnesota. 1t ia here that
Judge Loren w. Collins will spend the
summer with his family. The Judge and
MS sons are great fishermen and SPORTS
men, and 1t is quite likely that thew will
nave an outing at Leech lake during the
summer. However, the Judge regards
polucs as more important than fishing
trips this year, and he may not unwtseIv
spend season fixing up some of his
FENCES IN the outlying sections of his
oa1liw1ck. Judge Mitchell says he viii
| spend his summer in the picturesque lit
| tie city Of Winona
Judge Canty, being a Minneapolitan.
VIII visit Single Creek and other places
during the summer. Being a very active
man he does not consume very much
une taxing vacations, and his summer
VIII De taken up looking after the estab-
lshment of his old law practice, as his
term on the bench will be up after the
current year.
WATER FRONTAGE DECISION.
In a decision written by Judge CAVITY
| yesterday the court for the third time
! Mes decision in the litigation over the
! water frontage tax levied by Ramsey
county. The case was originally brought
against Robert P. Lewis, as owner of a
| large strip of land on Front street, by the
tn ~.
| sessment- levied for laying water mains
In front of unimproved and unpIatted
property. The court, after having the
| case for its consideration, twice referred
the matter back to the lower court. with
instructions to deduct from the assess
! ment on account of cross streets. This
! the district court did, and again the mat
1 ter did not please the defendant, and it
was carried to the supreme court to test
the legality of the deduction made. The
/ court hoIds that the district court acted
In compliance with the order. and the
assessment minus the deduction stands
against the front street property
The defendant claimed that the assess
ment was made In conflict with the con-
stitution of the United States, but the
! supreme court refuses to countenance this
proposition, as it was not "certified'' TO
by the lower court. The assessment with
! the exception noted stands The SYLLABUS
is as follows:
In re delinquent taxes, etc, Ramsey Coun-
defendant. ~
Syllabus. In proceeding to enforce
against unplatted land a frontage assess
| ment for a water main held fhe court
| below proceeded the manner directed In
the former opinion herein (see rs N. w. R.
IUS), in reducing the assessment on ac-
f fo'1 OF deductions which should be made
LOT cross streets If the land had been
plated, and the result is as favorable to
the defendant as It could rightfully ask.
z. heId; the other questions certified
were disposed of in the former opinion
and have become the law of the case.
o. IN certifying the proceeding to this
G coy under SECTION 1889, General Statutes
1894 the court below in the recitaIs in its
ceFtncates states that a certain point was
raised In that court and then certifies To
TINS court three other questions separately
nrSt named point
Held, it has not been sufficiently certi-
6eq' ana this court will not pass upon it.
O4uoi am Hleu' -Canty, j.
MUST TRANSFER MEMBERSHIP.
The force of a petition in bankruptcv is
very evident from a decision filed nv the
court yesterday in the case of State ex rel
Jay w. Crane, as trustee in bankruptcv
OF Wilbur F. Thayer, ct al. against The
Chamber of Commerce Of MINNEAPOLIS.
! The plaintiff owned a membership on the
| Minneapolis chamber of commerce and
sought to transfer it to another party.
put as there were outstanding claims
against him he was not permitted by the
chamber to do so. He secured release
from his debts by filing petition in bank
ruptcy. The chamber of commerce would
not recognize that the claims were dis
charged and still refused to permit a
| transfer of the membership. The court
In its decision holds that through the petit
| ton all the plaintiffs debts were dis
charged and a writ of mandamus would
lie against the corporation to compel it
to transfer the membership which Is
valued at $1,000.
The syllabus is as follows:
State, ex rel Jay w. Crane, as trustee
In bankruptcy of Wilbur F. Thayer ct
al, REALTORS, appellants, VS.. Chamber of
Commerce of Minneapolis ct al re-
| spondents.
Syllabus-The respondent corporation
was organized to facilitate buying and
selling OF products, to inculcate principles
| of justice and equity in trade and to
| facilitate speedy adjustment of business
disputes amongst it's members; it has no
capital stock but the price of a certfficat e
OF membership was $1,000; the rules of the
| corporation provided that after proposed
member was elected, he should pay that
sum or present membership certificate
duly transferred to himself and pay a
transfer fee of SIS; that notice
of a proposed transfer of such a GER
tifcate should be given the members by
posting the same for ten days and 'if no
objection shall have been made on account
OF any unsettled contracts, claims, de-
mands or complaints against the holder
OF such membership, it may be trans
ferred; but II there are objections, the
BOARD or directors shall upon a hearing
determine the sufficiency of the same; a
member was adJudged a bankrupt in the
| United States district court and was by
| debts; his trustee in bankruptcy sold his
certificate to person who was duly