The Minneapolis journal., 1902-06-27
MAYOR AMES
MUST SIGN
Supreme Court Upholds Man
damus in Improvement
Bonds Case.
Act Of Legislature Authoriz-
ing Bonds Is Held to Be
Constitutional.

Mayor Ames must sign the s150,0OO issue of
permanent improvement bonds. The supreme
court handed down Its decision to-day in
the mandamus proceedings and affirmed the
action of Judge Elliott, supporting also the
opinion Of Charles w. Som erby, assistant at
torney general. The bonds were voted last
year and the question Of their validity was
submitted to Storey & sThorndike, eminent
Boston lawyers, who are experts in bond
matters. They pronounced the bonds invalid
and not binding, being in conflict with the
act against special legislation. Mr.. Somer-
by's opinion was in direct conflict with this,
and Is now supported by the supreme court.
The supreme court holds that the act Of
the legislature authorizing the bonds is con-
stitutional and valid, and that the issue was
therefore legal It is therefore held to be
the duty of the mayor to sign the bonds.
The opinion which is by Judge Lovely,
after passing on the validity Of the law, says:
''This law does not, in our view, 'contem-
plate the taking of property without due
process of law, nor the application of the
taxing power for private purposes.
I'VE must recognize the obvious necessity
Of public improvements OF a local character
in Cities and that they may be of general
utility although of such private benefit as to
justify local assessments to pay for their
construction and maintenance under section
1, article 9, of the constitution
1T seems also obvious upon reasonable
views of municipal government, that 1t may
be of benefit to make such Improvement
expeditiously and without the delay incurred
by waiting for the collection of assessments
upon the property benefited which may run
through a term of years, and that it may
also be wise to anticipate the payment of such
assessments by raising the means to de-
fray the cost of the same in advance of col
lecting them upon the abutting property,
which is to be improved. and that such re-
lief should not be a perpetual source OF
revenue for that purpose, but only to meet
existing exigencies. No individual is granted
any special privilege by this act. The pub
lie through the use of the money derived
from the bonds gets the benefit OF the i'm
provement at once. Private property owners
must repay the city. for such improvements
which are made for the public good, and the
purpose of the act in this respect is no olr-
ferent in character than the construction OF
waterworks by a municipality, to be there
after paid for by the adjacent property owners
and consumers.
The SYLLABUS in the case is as follows: =
State of Minnesota ex rel The Minnesota
Loan and Trust Company, a corporation
ct al respondents; VS.. A. A. Ames, as
Mayor OF the City of Minneapolis, appel
liant i
l. On review of mandamus proceedings 10
compel the mayor of the city of Minneapolis
to sign bonds Of the city to provide funds, IN
anticipation of LEGAL improvements 1T is held,
that chanter 1874 General Laws 1901 is valid
and not in conflict with sections and "a,
article 4, state constitution, but should be
sustained under the amendment adopted IN
1898. which became section 36 of such article
Laws 1899, page 8. - 49,
. Alexander VS.. City Of Duluth, II MINI.
445 followed and held that the law sus-
tanned in that case is not materially dlstln-
guishable from chapter 1S4' General Laws
1901, authorizing cities OF a certain. class to
issue bonds for $150O00 to create perma-
nent revolving fund" for local improve
ments. upon the ground that the latter act IS
also remedial in character, although the 1uno
rroyiding for by the obligations OF the city
were to pay for improvements which hao not
been made at the time when the bonds could
Issue under its terms.
Judgment affirmed. tsf -.
~ Lamprey Gets Land.
Urt l.. Lamprey, of St. Paul, wins mis- three
cases against Russell Sage, and his title IS
thereby confirmed to 200 acres or lana III
various parts OF the state, which he bought
Of the St. Paul & Chicago Railway company
in 1886. =. Nv -. ...;. -
r, x. salverson, the Benson bank cashier
convicted of grand larceny. loses his appeal
and must serve his sentence --...
New Trial in Plaunt Case.
Judith e. Piaunt gets new trial in her
nersonal injury. suit against the Halfway
transfer company, Of Minneapolis WHICH was
dismissed by the trial court ~. -.
Wabasha County. 49,
of tho
estate OF William E. Nording, deceased, ap-
nellant. VS.. Charles Betcher ct al, defend
ants: Charles Betcher, responder, Syllabus.
Judgment affirmed.
Brown, ].
Martin County.
Plano Manufacturing Company, appellant, vs.
E. C. Klatt. respondent. = e.. ."<
Order affirmed. -
steele County. <.N
Lars Thompson, appellant, vs.. Town OF Berlin
respondent; Carrie Thompson, appellant, vs.
Town of Berlin, respondent.
Judgments affirmed.
state of Minnesota respondent, vs.. William
Story, appellant. ~ - y 3assss,,, --.
Judgment affirmed.
r. Start, c. j.
Ramsey County. X
Esther Bieber, respondent, vs.. The City o1
St. Paul, appellant.
Order affirmed.
- Lovely, J. :.
st. Louis County
1ohn F. Mccarthy ct AL. copartners, as Nc.
Carthy Brothers & Company, respondents
vs.. Weare Commission Company, appel
| liant. 5E Sz3$ %&st2 !.
Order affirmed. q .s4 1880 s..-sG