The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1901-11-16
CITY GETS The LAND.
CONDEMNATION PROCEEDINGS FOR
MARKET SITE UPHELD In
SUPREME COURT
DISTRICT COURT REVERSED
Barthoid Tract on jackson Street
VIII Be Available for Purpose
Intended-Other De-
cisions Filed.
DISTRICT COURT REVERSED

y
the supreme court helds the law of 1899.
empowering cities of more than 5o,eo0 in
hahitantS to condemn land for the PUT
pose of a public market to be valid and
thereby reverses Judge w. l.. Kelly, of
the Ramsey county district court, in a
case Involving a portion Of the site Sc
lected for the new st. Paul public mar
ket OF Jackson street.
The property directly affected by this
decision is what is known as the Bar
thold tract, on jackson street, near
Eleventh, and upon which is located the
barns of j. e. Cook & Sons. Under the
law mentioned above the property was
condemned in due form by commission
appointed by the council. but the owners
objected to the amount of damages
awarded by the commission, and on that
ground appealed to the district court
Judge Kelly, before whom the case
came for hearing, held that the law I'M
der which the condemnation proceedings
were had was invalid on the ground that
1t was class legislation. The syllabus in
the case, together with other syllabi filed
yesterday follow:
State OF Minnesota ex rel City of St.
Paul, as relator, petitioner, VS.. District
Court of Ramsey County and Hon.
Nllham Louis Kelly, one of the Judges
OF said Court, respondents
Ihat part of Sec. /, CHI 1872 Laws of
1899, which provides that: "Whenever
the common council of any city of this
state having at the last preceding state
census more than fifty thousand $50 OOO
Inhabitants, shall consider it necessary
TO procure grounds for a public market,
such common council shall appoint a
committee, is not obnoxious to the pro-
visions of Sec SO, Art. W, of the state
constitution, as amended in 1S99 1t is
not special legislation.
The state census which is to govern
IN proceedings under that law as is the
one last preceding in point of time the
action of the city council.
The grant of power to the legislature
to pass the law in question carried with
it implicitly and of necessity the right to
prescribe any reasonable rule of evidence
or method for determining whether or
not municipality had the requisite pop
ulation. The rule or method prescribed
in the law in question is reasona Bile
exercise of the power Judgment re-
yersed. Collins, J.
City of Jordan, respondent, vs. Henry
Nicolin, appellant.
In prosecution for keeping licensed
saloon open after II o clock at night, con-
t1ary to an ordinance it is necessary to
show that the person charged with such
offenSe had a license for the sale of in
tcxicating liquors at such place.
The evidence in this case does not sus-
tain the judgment convicting the defend
ant, for there was no competent proof
that he was a licensed saloonkeeper.
Judgment reversed. Start c.
City of Jordan, respondent, VS.. Henry
Nlcolin, appellant.
The defendant was convicted of the Of
Tense of keeping his saloon open after II
O'Clock at night, contrary to the ordin-
ance of the city. Held:
Acts which are punishable under the
general laws of the state may also be
punished by municipal ordinances, and
the latter is valid though the punishment
prescribed in each case be not the same.
The ordinance here in question is
valid, and the complaint for its viola ton
does not charge two offenses. Judg-
ment affirmed. Start, C. j.
Edward Hanson and Mary Carr, appel
lants, VS.. Ingwald Ingwaldson, re-
spondent.
In actions for the partition of real
property under CHI. "a, G. S. 1894, the al
lowance of attorneys fees under Sec. 5S15,
as an item of ..costs, charges. and dis
bursements'' rests in the discretion of
the trial court; and it is held in this
action that the court did not abuse its
discretion in disa1lowing a claim for such
services. Order affirmed.
Per Curtain.
c. E. Clark, appellant, VS.. Eva L. Gates
and Josephine L. Gates, respondents
A claim for damages for breach Of
warranty in the sale of personal proper
ty against the deceased vender must be
presented to the PROBATE court within
the time fixed by such court under sec. ]
ASH, G. S. 1894, for allowance, or it will 4
be barred.
Held upon an examination of the facts
in this case, that there was no evidence
to establish fraud in the sale of theeper-
sonal property in question, that the claim
was for breach of warranty resting
solely upon contracts, and not having been
presented for allowance within the time
fixed by the court after the death of the
vendor could not be maintained Order
affirmed. Lovely, j.
John Blubek, respondent, VS., Ernst
Pinske. appellant.
In malicious prosecution for having ac-
cused plaintiff with burning defendant s
property it was competent for defend
ant to show in mitigation of damages,
that the character of plaintiff for hon.
esty and integrity was bad.
Where testimony has been introduced
to show the bad character of party
who maintains an action for malicious
prosecution such bad character, If known
to the party making the accusation, is
material as tending to show the exist
ence of probable cause and to rebuff the
malice of the prosecutor.
In an action for malicious prosecution
lne plaintiffs expenses in defending
himself upon the criminal charge against
him constitute proper element of dam
age. but the value of the service must
be proved before they can be recovered;