The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1901-05-18
MUST RENA|N At SCHOOL
sUPREME COURT DECIDES AGAINST
PETER BERRY, OF MIN
NEAPOLIS
SUIT OVER MINOR CHILDREN
Defendant Secured Their Release
From State school at OwatOnna
by Habeas Corpus, but lis
Not Sustained.

Not Sustained.
The case of Peter Berry, of Minneap-
oils, against the state public school at
Owatonna, which came from the DIS
trict court of Steele county to the SUI
preme court, has been decided in favor
of the defendant, the order of the lower
court having been reversed. Justice
Lovely handed down the decision. The
effect of this ruling is that Berry VII
have to leave his minor children in the
custody of Supt. G. A. Merrill, of the
state school,
The svllabi to this and otner cases
decided by the supreme court follow:
State of Minnesota ex rel. Peter Berry,
respondent, VS.. e. A Morrill,. as Sd
perintendent of the state public echo7l
of Owatonna, appellant.
l. An appeal from an order Of is
charge by a court commissioner In ma
beas corpus proceedings MAY be certified
to this court by the district clerk I'm
Ger chapter 3z7, G. L. 1885 which gives
the supreme court jurisdiction in sucn
proceedings
g. SUCH appeal may be heard on the
record returned, where the certificate
Of the district clerk shows all proceed
lDgS had therein, and when no appllca
tion is made for hearing Of evidence
in this court, such appeal will be dis
posed of upon the certified return of the
. clerk.
S Where the superintendent If the
public school at Owatonna is the re-
spondent in habeas corpus proceedings
to inquire into his detention Of a minor
child committed to that school. he IS an
aggrleved party authorized TO take an
appeal and be heard thereon in this
court under chapter 527, G: L. is g.
l. Where the return Of the state SUPER
intendent to the writ IN such case
shows that his detention OF a fema e
miner child is based upon a finding OF
the proper probate court that she pos
Sessed proper qualifications Of age,
health ana Intelligence, that she was
neglected, that her mother is hopeless
! lY insane and detained in the state los
pital that her father is unable to and
does not care to support her. in come
QUenCe of VIII oh see is on the stree.
and in peril Of health and morality, oh
order committing such Waif to the pub
, lie school is valid and justifies her de-
tenti0n by the Superintendent Of that
institution under the provisions OF sEc-
ton 3, chapter 2l0, C. L. 1897: Order re-
Iersed. -Lov6ly, j.
State of Minnesota. respondent, VS.. Jesse
Rohart appellant.
d. An ordinance of the board OF park
commissioners of the city of Minneapolis
provided thGt no vehicle which together
with its lead weighs more than 1000
pounds and which is in use for carry
ing g Cd, MERCHANDISE. bull ing mater a
manure. dirt. Garth or other article or
commodity. and which has tires less than
six inches in width, shall pass or enter
| upon any park or parkway.
Held, as applicable to parkway the
ordinance void because unreasonable, and
in its effect prohibitive of traffic thus
classified
2 Whether or not the parkway in ques-
ton was established as such by assump-
ton of authority over it by the park
board. and the acquiescence therein on
the part OF the city council in the all
sence of any express action as a body,
tic
Almond A. Wright. appellant. VS.. Sydney
l.. Wright. ct al, defendants: Cass
Land company aad Sydney L. Wright,
l. BY treaty of Feb p, 1855. 10 stat;
1855. certain lands thcn cedcd to the
United States by the Chippewa indians,
were mafe subject to article Of the
treaty. which provided for the entry by
missionaries and such other persons as
were then residing in the ceded country.
by autho itY of law of 100 acres each.
of such OF the coded lands as were out
side of certain established reserva ions
Subsequently. by treaty OF March IL 1863.
IL stat, l249. Ire Indians relnauished
sGmc OF their reservations, and in con-
slderation thereof, other reservations
were enlarged and extended By this en-
larSement and extension the lands now
m dispute were included within one Of
the reservations.
Z Held, first. that the lands in ouas-
ton were withdrawn from the operation
of said article by the treaty of 1868
HOG, second that the right of entry
provided in said article was not restored
TO any OF the persons therein mentioned
by an act OF congress approved Jan Ia
1879 entitled, AN act for the relief ana
civilization of the Chippewa Indians in
the State of Minnesota" % Stat 649
Orders affirmed. Collins T
Clarence w. Betcher, as administrator Of
the estate of Herman Betcher. deceas-
ed, respondent, VS.. Charles Betcher.
A testator, up to the tirae of his death
was engaged in business in partnerships
W1th enc OF the two executors named in
the Will After the teStator's decease
such executor continued the business "a
the surviving partner. He then entered
lftO an agreement with his coma rtna1.
whereby he purchased the interest of the
estate at certain sam, but no money
was paid to the co-eXecutor, and no ac-
counting was made to the probate court
py either executor. Both executors were
cl aaai without having rendered an
accounting. leaving the estate unadmin-
lstered. From time to time money We 9
pa!d by such surviving partner to the sole
heirs of thu testator.
In an action against such survivno-
partner by a subsequently, appointed adj
mlnistrator de bonis ron, to comDcI IN
accounting. Held, that such surviving
partner was not a debtor of the estate NJ
the death of the testator. and that his
relation to the estate still remained that
OF executor, ana the jurisdiction of tho
procate court to compel an accounting
was exclusive, and such Jurisdiction wa
not lest by the fact that the executor
was discharged. leaving the estate unaG.
mlnlst cred. The district court has mn
Jurisdiction of the subject matter. Peter
son VS.: Vanderburgh, Y Mimi. 21S dis
tlpgu-shed Order reversed.
Lewis, J..
Charles B Towers. respondent vs. Sic
ven Cattle Company, a corporation. an
pellant. @'''oii' aP
l; Where contract is consumma 70,
entirely through correspondence. If doc,
not follow as matter of law that III
lnolvldual signature of the person who i,
PRESIDENT and management of the cor
Ioratlon tC letters is conclusive unon n.
iact that he acts in his individual canan
ltN. He may sign his Individual nam,
With an intent and purpose to bind til,
| corporation and in such case his ac+e
would do so if relied upon by the oths1
contracting party.
Evidence considered in this case am
held to sustain findings of the trial corr
10 the effect that letters written nv III,
manager and president of a corporate,
accepting proposition to give comm: g
sions to a stock broker FOR SEW -
purchasers for the corporate pronertv
although signed in his individual nan3,
are the acts of the corporation. Ord
| affirmed. WTovel,r
Henry Bell, appellant, VS. Robert A
Lang. respondent
The plaintiff and S. the servants Of III,