The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1900-08-02
HUGO IS LEGALLY MAYOR
ELECTION CONTEST FROM
DULUTH
IDENTITY OF THE BALLOTS
OF Intention to Vote Is Clearly
Shown, the Court Insists That
Is Entitled to a COnsfd-
cradle Respect.

Beside the charter case, an even dozen
decisions were filed in the office of clerk
of the supreme court yesterday by Judge
Brown
The court declares Mr.. Hugo, of Duluth,
the real mayor of that city, and decides
| against Henry Truelson in his contest.
A number of doubtful ballots were sub
mitted to the supreme court to pass upon
to determine the intention Of the voter.
The court holds that part of them are
a sufficient compliance with the statute,
while others are thrown out by the court
The decision of the trial court and the
action Of the Duluth officials in issuing a
certificate of election to Mr.. Hugo is up
held by the court
The syllabus is as follows:
In re Contest of Election-City of Duluth
ETC, Henry Truelson, appellant, VS..
IreVanlon w. Hugo, respondent
Syllabus. The intention of a voter,
under our election law, must control in
counting his ballot, but such Intention
must be shown and. indicated. by markings
on the ofhcla! ballot, substantially in the
manner provided by such law and in a
with.
2. Various ballots involved in this con-
markings thereon held a sufficient COM
pliance with. the statutory requirements.
Other ballots examined and held not a
compliance with such statutes.
3. Findings of the trial court that con-
testee was duly elected mayor of Duluth
sustained. Judgment affirmed.
Brown, ].
On a second appeal of the Duluth Ter
minal railway in the case brought against
it by the Duluth Transfer railway the
court holds that It's order appointing
commissioners in the condemnation pro-
ceedings cannot be directly appealed. The
syllabus Is as follows:
Duluth Transfer Railway Company ct
al, respondents, VS.. Duluth Terminal
hallway Company ct al. appellants
Sy!Iabus-L An order appointing COM
mlssloners is not appealable. Such order,
ana all other intermediate orders made
IN the proceedings, may be reviewed on
appeal from the final judgment to be rem
dered therein ,.
q In re ST. P. & n. P Railway "a
Mimi, 227, ON the point that such an or
der is appealable is overruled. Appeal
dismissed. - Brown 7
Other decisions were:
Inc Norwegian Evangelical Lutheran
Bethlehem Congregation respondent. VS..
Inc y. 5. Fidelity and Guaranty Co., ct
al, defendants U. S. Fidelity Guaranty
Co.. appellants. Order reversed.
Minneapolis Railway Terminal Com
Pany appellant, VS. Minnesota Debenture
Company, respondent Order affirmed
Ella Corrigan, respondent, VS.. VIM H
Elslnger, ct al, 0ce-partners as w. H. E.
singer & Co., appellants. Order affirmed.
E. c. Kinney, ct al, p.aintiffs, RESPOND
ents, vs.. L. N. Matthias, ct al, defend
ants, Revord and Holmes ct al, defend
ants, respondents; Theodore N Matthias.
defendant, appellant Order reversed and
a new trial granted.
Brown, J.
John R. Hayeock, respondent, Tvs. Alf ed
ID. 5. Johnston, appellant. Order affirmed.
Sarah Eischen, by John Eischen her
guardian ad. Item, respondent, VS.. Chi
cago, Milwaukee & st. Paul Railway Co,
appellants. Order affirmed.
Collins, j.
Board of County Commissioners of Blue
Earth county and State of Minnesota, ct
ar, appellants. Order affirmed
Brown, ].
Daniel Shell and Elizabeth A. Smith,
appellants, VS.. J. D. Matteson impleaded
with Otis Bigelow, ct al, defendants, ].
D. Matteson, respondent. Order affirmed
-RrOWn