The Minneapolis journal., 1901-05-17
TRANSFERS UPHELD
Supreme Court Decides Against the
Park Board,
THAT SIx-INcH TIRE ORDINANCE
Superintendent of State school May
Retain Children Against
Parents Wishes.

The teamsters have won their fight with
the Minneapolis park board. The park
board ordinance prohibiting drivers from
hauling heavy loads on parkways Win
tires less than six inches wide. was
knocked out by a decision OF the supreme
court handed down this morning.
The opinion holds that the ordinance
is unreasonable. The defendant, Jesse
Rohart, was arrested in July, 1900, on Lyn-
dale avenue. He was driving heavy load,
but the evidence shows that his tires
were 3A inches in width, and that no
damage was inflicted on the roadway.
The evidence also showed that six-inch
to be obtained upon special order and at
extra expense. The opinion, which Is
signed by Judge Lewis, concludes
Under these circumstances the ordinance
contained an unreasonable and arbitrary
quirement which, in its effect was pro-
hibitiVe Of that class of traffic. Such power
the board of park commissioners did not pos
sess, and in that respect the ordinance is
void.
AS the intent of the ordinance was to
prohibit heavy traffic on the parkways,
the decision is a clean victory for the
teamsters.
The decision discusses the question as to
whether Lyndale avenue is legally park
way, but does not determine it. The de-
cision is based solely on the fact that the
ordinance is unreasonable. The syllabus is
as follows:
State of Minnesota, respondent, vs.. Jesse
Rohart, appellant:
First-An ordinance OF the board Of park
commissioners of the city Of Minneapolis
provided that no vehicle, which together with
its load weighs more than 1900 pounds, and
which is in use for carrying goods. mer-
dfrf
earth or other article or commodity, and
which has tires less than six inches in width,
shall pass or enter upon any park or park
way.
Held as applicable to a parkway, the or
dinance was void because unreasonable, and
in its effect prohibitive Of traffic thus class
flied
Second-Whether or not the parkway in
question was established as such by assump-
ton OF authority over it by the park board,
and by acquiescence therein on the part OF
the city council. in the absence Of any ex-
press action as a body, quaore. Order re-
versed. Lewis, j.
Against Parents Wishes.
A decision by Judge Lovely in the
habeas corpus case Of Peter Berry against
G. A Merrill, superintendent of the state
school at Owatonna, determines the right
of the superintendent to detain children
at the school against the wishes of par
ents, where the facts justify it. The case
originated in Hennepin county, but writ
Of habeas corpus was granted in Steel
| county. The syllabus holds as follows:
State of Minnesota ex rel. Peter Berry, re-
spondent, VS.. G. A. Merrill. as superin-
tendent of the state public school Of Owa-
tonna appellant:
First-An appeal from an order of dis
charge by a court commissioner in habeas
corpus proceedings may be certified to this
court by the district clerk under chapter 327,
General Laws 1895. which gives the su-
preme court jurisdiction in such proceedings.
| Second-Such appeal may be heard on the
record returned, where the certificate Of the
district clerk shows all proceedings had
therein, and when no application is made
| for hearing of evidence in this court such
appeal will be disposed of upon the certified
return Of the clerk.
! Third-Where the superintendent Of the
public school at Owatonna is the respondent
in habeas corpus proceedings to inquire into
his detention of a minor child committed
to that school he is an aggrieved party au-
thorized to take an appeal and be heard
thereon in this court under chapter 327, Cen
eral Laws 1895.
| Fourth-Where the return of the state su-
! perintendent to the writ in such case shows
that his detention of female minor child
! is based upon finding OF the proper PROBATE
court. that she possessed proper qualifications
of age, health and intelligence, that she was
neglected, that her mother is ~hopelessly in
sane and detained in the state hospital that
her father is unable to and does not care to
support her, in consequence of which she is
on the street and in peril Of health and
morality such order committing such waif
| to the public school is valid and justihes her
detention by the superintendent Of that in
| stitution under the provisions Of section 8,
chapter 21O, General Laws 1897. Order re-
versed. Lovely, J.
An Amusing Controversy.
| An amusing controversy is settled by
Chief Justice Start in the case OF Henry