The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1902-11-26

the benefits stipulated, constitute a writ
ten contract. The acceptance of a charter
from the Legislature need not be in writing
to make IL q written contract. g. A sover-
eign, as such. has a right to name the
conditions upon which IL will grant another
the right 10 exercise a public power, and
TO require the payment of money in a con-
tingency that may arise as a means of
preserving equality among those exercis-
ing like franchises, and TO prevent excessive
profits is not an abdication of sovereignty
nor an entrance into the domain of COM
merce. 9. The State Is not forced TO suf-
fer from delays or negligence of its public
officers. 10. A written finding of specific
facts and conclusions Of law thereon, made
by the court without a request from either
party, amounts to nothing more than a
general finding and must be so regarded
by an appellate tribunal. ii. An action
for an accounting is a suit in equity. Il.
Where a case is referred to a master COM
missioner his report in all its features Is
only advisory.
1917. Smith VS.. Monument Co. Ham
ilton C.. z. Dismissed. Hadley, c. il
The jurisdiction of this court depends upon
the existence of a particular fact, to-wlt:
coed 5000. which fact must affirmatively
appear from the record. 2 Money de-
mands and money judgments only exceed
ing $500 are appealable to this court under
the third clause of Sec. 10. OF the acts OF
1901, Page SIS; and all final DEGREES and
Judgments involving ownership or right or
possession TO property Dy
a bonafde demand, where the plaintiff ap-
peals, or a money judgment for more than
$1,000 where the defendant appeals, are re-
v1ewable by this court under said clause
and not otherwise.
1879: Butt VS.. Lake Shore. etc, Co. Elk
hart c. c. Affirmed. Gillett. 1.-THE bill
OF exceptions must precede the clerks GER
tificate and be identified by ii.
199oS. Oathout VS.. Seabrooke. Jackson
{. G. Reversed. Hadley, c: J.-Where a
proceeding before the Board of Commits
sioners for a construction of a drain under
the drainage act of Sept. 10, 1881 (Sec. $3.50,
Burns, 1901, is dismissed by said board
L Ilnnn fhn rnnnrf from fhn nViau0r that
such proposed drain will not be of public
utility, there is no appeal by the petition
ers from the action of such board on dis
missal.
1914. State of Indiana VS.. Barnett. Ma
rion Criminal Court. Dismissed. Monks,
III. Where a person is indicted under Sec.
S6S0b, Burns, 1901, the indictment is INSULT
Gent when it does not allege facts showing
that the owner of the bottles had. before
the purchase by the defendant. fully COM
piled with all the requirements OF Sec. sou,
Burns, 1901. 2. Where an act is done, ana
time and place is alleged, and 1t is averred
that then and there another act occurred,
and other acts are alleged in the same
manner, this necessarily imports that all
the acts were coexistent.
1921. State VS.. Cary. Huntington G. c.
Reversed. Jordan. jim charging a per
son with perjury, the same having been
committed while testifying upon cross-ex-
animation in response to a question laying
the foundation for Impeachment, 1t Is not
necessary to allege that the time and place
were properly fixed in the question pro-
pounded.
1880. b. & o. S. w. r. r. Co. VS.. state
ex rel. Greenwood. Daviess c.. C.. Affirmed.
Jordan, j. Where it is shown that a
public highway cannot De Travelled as an
entirety, as intended. but can be used only
in parts on account of a defective crossing
over a railroad, the railroad company. by
mandamus proceedings, can be compelled
Travelled by the public. 2. 1t is the duty of
every railroad company to construct ana
maintain its crossings over highways In a
travel so far as the same can be done with
out interfering with the operation OF the
railroad.
1915. State VS.. S~agalowsky. Marion
Criminal Court. Dismissed. Monks, J.-This
cause is dismissed upon the authority of
1914, decided at this term.
1892. International Textbook Co. VS..
weissinger. Clark c.. C. Affirmed. Dow
ling. Jan order for the m OF
money, which operates as an assignment Oh
future wages on the part of the 0blgoT,
(Acts 1893. Page 1881
1874. Dixon VS.. Poe. Sullivan C.. c.: Re
IL. 1901 (Acts 1901, Page 54S), prohibiting the
issuing of tokens payable otherwise than
in lawful money of the United States upon
earned by any employe or laborer in any
coal mine in this State, and making any
such token issued in violation Thereon, In
and payable in lawful money TO the extent
of the wages assigned. operates only upon
two classes of persons, merchants and en-
ployes in coal mines, and is class Iesisia-
ton and unconstitutional.
1923. Cruthers VS.. Bray. Hamilton e. Z:
Affirmed. Giilett, J.-Where an af1davit
before a Justice of the peace charges a
person with doing certain acts in this state
in connection with an offense consummated
in another State. and the defendant valves
examination and is bound over to appear
at the next term of the Circuit Court. and
on default of bail Is committed to jail, the
decision Of the justice of the peace in bind,
- - 5of0oInnt quar- aQnnnt no ATTACKED
collateraly by a habeaS corpus proceedings.
1876. Boomershine VS.. Uline. Elkhart Z.
C. Affirmed. Monks, ~J.-Section 3 or the
Nicholson law" does not require that a
remonstrance against the granting or liquor
license shall state any grounds or reasons
for not granting such license. u
Marion S. c. Afirmed Jordan, J.-Where
a city enacted an ordinance governing We
hicles. requiring the payment OF a tax Tor
the privilege of operating them, 1t may by
a subsequent ordinance require the pay
ment of certain fees, as revenues 10 De
used in keeping the streets In repair;
1898. State ex rel. VS.. Perry. Upton Z.
c. Affirmed. Gillett, il. 1t is not error
TO override a demurrer to an argumenta-
h tiye al ans tive acton c I 5e'u2 e. Il In II the aie allowance of
claims against a county the boara OF CoM-
missioners thereof act in an ADMINISTRATIVE
and not in a judicial capacity: and their al
lowance of a claim is only prima facie evil
dence that il is correct.
1922. Lake. etc.. County VS.; Wabash.
Lake s. c. Affirmed. Downing, il. Prop
erty held and used by a city for public
purposes is held in trust for the mhab-
itants, and cannot be sold or disposed of
unless the city is specially authorized by
the LEGISLATURE TO make such sale or DIS
position and thereby determine the trust.
2 Water works and electric light plants
held. owned and maintained by cities is
property held in trust for a public use:
1914. Rubey VS.. Hough. Randolph c. g.
Appellants granted thirty days time to file
brief.
1884. Adams Express Company VS. state.
Jackson c. c.. Appellant granted thirty
DAYS additional time. .
1895. United States Express COMPANY
VS.. State. Jackson c. c. same.
1927. Moore VS.. Board of Commissioners
MONTGOMERY C. c. Appellants time ex-
tended until Jan. 4, 1903. -
1896. Tucker VS.; Boar naEalnt.s TIME ex-
tended to Feb. l, 1868. u
l97SS. Heind VS.. City OF Terre Haute'
Vigo c.. C. Oral argument Jan. T. l%S.