The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1902-07-12

Trevanion w. Hugo is mayor of Du-
luth. Twice in two years the supreme
court of Minnesota has decided in his
favor and against Henry Truelson in
contested mayOralty elections in Du-
luth. Probably no other city can show
a like record. At each election Hugo
was elected on the face of the returns
by less than six votes. AT the last
election his margin on the official re-
turns was just two votes. Truelson APP
pealed, and lost in the district court,
just as he did two years previous.
He carried it to the supreme court
and again he is defeated in that body.
Justice Lewis filed a decision yester-
day finding that Hugo was elected by
gain of one for Truelson. Truelson
wanted fOrty-nine ballots, on which
the judges failed to place their initials,
thrown out, which would give him an
easy victory. The court holds that
these must be counted. One ballot
which was thrown out because it had
three light marks and one heavy one
opposite Truelson'S name, is held to
be vote for Truelson, making HugDs
majority four, instead of five, as claim
ed.
Indian Can Sue.
According to the law as interpreted
by Chief Justice Start, a tribal Indian,
although not a citizen, can bring suit
In state court to protect himself from
injury 10 his person or his property,
committed off the reservation.
The court discharges the writ of
prohibition and order in the case of
Bem-Way- Bin-Ness ct al. against
Ezra Eshelby ct al. The decision es-
tabliSheS the right of heirs of Moose
Dung, Chippewa chief, to sue for a
partition of $40 acres, worth 100000,
now in possession of Eshelby and 9TH
erS.
Teachers Pension Fund.
Justice Lewis handed down a decision
holding that teachers cannot be COM
PEELED to give up part of their salaries
for the benefit of a teachers pension
fund. Contribution to such a fund,
the court says, must be voluntary.
The court holds, however, that where
teachers sign a contract with a clause
providing that 1 per cent shall be
withheld, it is equivalent to contract
Ing for SO per cent of their regular SAL
aries, and the amount withheld for
the pension fund does not go to the
teacher, but into the general school
tund. The present decision causes to
so revert to the general fund $6OS.57.
No Marriage Contract.
The court holds that Maud Miller,
of Minneapolis, was not the wife of
c. E. Forest, although she was sim
cerely of that opinion herself, hold
Ing that "a marriage contract will not
be presumed from occasional admis-
sions and declarations, and from CO.
habitation secretly conducted" The
case involves the life insurance of For
rest. 1t was proved that Forrest on
several occasions admitted that Miss
Miller was his wife. At their boarding
place, however, they passed as uncle
and aunt. The court says that it is
unfortunate that a verdict cannot be
rendered for Miss Miller, who undoubt-
edly thought she was Miller's wife,
but the law cannot be changed for a
single case.
The syllabi of the cases decided yes
terday are:
In the Matter of the. Appeal of Henry
Iruelsen, contestant, appellant, VS..
IreVanien w. Hugo. respondent.
The provisions of the general election
law which refer to initiating ballots by
the election judges are directory and not
mandatory, and an elector who receives
an uninitialed ballot from the judges, and
In good faith votes the same, is not dis
tranchised by reason of the failure of the
judges to perform their duty.
The findings of the trial court in re-
spect to counting certain ballots sus-
PANIED, With one exception. A certain
ballot was rejected as not being properly
marked to disclose the intention of the
voter Held, it should have been counted