The Redwood gazette. [volume] (Redwood Falls, Minn.) 1873-1940, 1901-05-08

Minnesota and North Dakota Supreme
Courts Don't Agree.


Minnesota and North Dakota Supreme
Courts DOM Agree.
The Minnesota Supreme Court
land the United State Supreme Court
seem TO be directly IN opposition to-
each other On the question as to-
| whether city has q light to make
improvements on streets and as
lsess the expense Of the imp roVement
Iup to the abutting property.
The decision Of the Minnesota
Supreme Court ii a ST. Paul case is
holding up proceedings ii connec-
tion with the extension Of the sewer
system on Washing ton. Lincoln.
:, w yoming Chestnu and Fifth streets
in this city. AAlarge number of the
property owners along those two.
streets have petitioned the council
flor the extension, but after the pc
Tuition was received Corp oration
AttorneY Howard advised the cou q
#cil that It would get itself into trou
bic, taking the State Supreme Court
decision ii the ST. oaul case as a
basis, if it went ahead with the ext
tension, and then attempt to col-
lect the expense BY assessment Of
labutting prop rty.
AS a result the council djourned
from Monday morning Of last week
until last night, the aldermen giving
the property owners along the pro-
Iposed extension to understand that.
if they would pay their assessment
ip advance the council would order
work to commence on the extension.
/ Mayor Aune, however, did not I'M
! derstand the council S position IN
1 that way
i Since the meeting Of the council
lon Monday morning Of last week the
4 United States Supreme Court, the
j court Of last resort, has handed
down a decision, wherein the points
Eare precisely the same. The case
i went up from the North Dakota SUI
4 preme Court. It was entitled Nor
/ timer Webster VS.. the city Of Fargo.
i Under the law the city improved
i streets on which Mortimer had
4 abutting property. He was charged
] a pro rata share of the cost of inn
I! provement on the. basis of his 'front.'
Iage. He refused to pay the assess
j ment and his property was sold, as
3 provided in the law. He contested
the same on the ground that the law
was unconstitutional IN that it oper-
lated to deprive him OF his property
without due process Of law, and de-
MED him equal protection.
The Supreme Court of North Da-
kota decided IN favor Of the city,
the only question at issue being the
constitutionality Of the law. An APP
peal. was taken to the United States
Supreme Court, and Oh Monday Of
last week that body held that the
law was valid and that the munich
|pality proceeded entirely within its
powers III enforcing it..
Mr.. Howard was shown the report
Of the decision last Wednesday by a
GAZETTE reporter. He was sur
A prised to hear of the result Of the
3 lease, which he. had been watching,
\ but stated that he would not advise
1.-THE Redwood Falls city council to GO
Iahead and make the extensions,
with the cost to be assessed to abut-
ting property, until after he had an
opportunity to inspect the full text
of the opinion of the United States
Supreme Court He thought, how
ever, that the decision was favora-
BILE to the assessment plan OF our
charter, and that the Minnesota Sa-
preme Court would be reversed in
/ the st. Paul case, if that case was
1 taken to the United States Supreme
Court,
4 A. GAMBLERS DEATH.
T ar rd9 afn