The Minneapolis journal. [volume] (Minneapolis, Minn.) 1888-1939, 1902-05-03
EXPO CASE ENDED
Titlesof the Property Is Confirmed
in T. B. Janney.
A FLAW IN THE MILK ORDINANCE
City Inspectors Cannot Collect Fees
for Inspecting Herds Outside
Of HennepiM.

Two decisions important to Minnea polls
were handed down by the supreme court
this morning. One was in the case of the
city against I. B. Janney and others. the
suit involving the title to the Exposition
building. The court confirms Mr.. Janneys
title to the property
The other invalidates one section of the
city milk inspection ordinance The point
was raised in the Elafson case and in
volVed the right of city veterinarians to
inspect herds belonging to non residents
OF Hennepin county who sell their milk
IN Minneapolis, and to charge fee for
the inspection. The court holds that this
cannot be done, and that the only inspec-
ton provided for by law in such cases is
that, to be made by the state.
The Expo SylIibus
The syllabus in the exposition case is
as follows:
First-Under the provisions of the charter of
the city of Minneapolis. authority in form
was conferred upon the city council by the
vote of majority of all Of it's members to
authorize tho proper city officers to execute
and deliver a deed of conveyance to the
Minneapolis Industrial Exposition COR
poratlon, of certain land belonging to, the
city, upon which the corporation had already
| to contain certain prescribed conditions. By
further amendment, N. l.. 1891, Oh. 10,
Sec. l, the city council was, in form, au-
| thorized to release and relieve the eXposi-
ton company from the conditions previously
| imposed in the deed of conveyance, and to
| relinquish, by quit claim deed, all of the
| right, title, claim and interest of the city
| IN and to the property previously conveyed.
Secondly these acts Of the Legislature, both
| tn he ted
| without the payment of money and without
| further consideration. ~.
| Third-The finding of fact in effect that
! the exposition, in form private corporation
was organized largely, if not wholly, for g
! public purpose and that by reason of the
Industrial exhibitions which were given BY
| it. the city acquired and secured for itsel
great and substantial evidence Held, fur
| Their, upon the facts, as a matter of law
| that the taxation necessarily, although indi
rectly, resulting from donation of the prop
erty in question for exposition purposes, wa
| for a public and not for a private use, ant
was not obnoxious to the rule that the powe
| purposes.
| Fourth-To justify a court in declaring
| tax invalid the ground that it was no
| imposed for the benefit of the public, tn,
| absence of a public interest in the purpos,
for which the money is raised by taxation
| must he so clear and palpable as to be i'm
mediately perceptble to every mind. y
Fifth-It is the duty of the state to. pro
mote the educational interests of it's people
to encourage their industrial pursuits, to ad
| vance their material resources and to foste
| their commercial interests by providing al
! reasonable facilities therefor demanded by
| prudent regard for the growth, development
| and general prosperity of its people, and tax
alton for such uses is not to be tied dow
to any narrow and mere utilitaran policy
Sixth-1t is beyond question that exhibition
of the nature of these made by the Minneapoli
Industrial Exposition are we'll calculated t
advance the material interests and to pro
mote the general welfare of the people q
the community in which they are made an
that which promotes such an object and ia
cilitates such a result in any communit
, is a public and municipal enterprise in til
truest sense. The proposition that such ex
positions far public in their charac
ter and; effect to justify public aid in tn
form of appropriations is we'll settled in ,th
country.
Seventh--The right of taxation depends upo
, the ultimate use, purpose and object for whic
, the fund is raised not on the nature or char
acter of the person corporation whose il
terrnediate agency is to be used in apply
. ing it. ...,..--.
Order affirmed. 49,.
--CO1jns T