The Mankato free press. [volume] (Mankato, Blue Earth County, Minn.) 1879-1924, 1902-07-18
SMALL POX BILLS
Judge Cray Says County Must
Pay Them.
Geo. Atchison's Injunction is Dissolved
---Iohn G. WideII Wins His
Will Case.

Judge Cray handed out four de
cisions today, two of which effect TIT
city.
In the case of the city of Mankato
applt., VS.. the county of Bue Earth
respt., over who shall pay the small
pox bills incurred in the city, the city
il. given Judgment against the county
for $51975 and interest. The bill
presented to the county by the city,
for the period from Feb. 21st to Apri
1st, last, was 1901. 80. This bill wal
wholly disallowed May 7th for the
purpose of making test case. o.
this bill, $519. 70 was incurred subse'
Quent to March 18th, 1909.
The following memorandum accom-
panies the decision:
Il do not intend by this decision to
hold that the necessity for, or reason
ableness or propriety of, any item in
bills like this for the control of couta-
gious diseases is not sopen to ques-
ton by both the city and county, or
that such bills should not be carefully
investigated and reduced, if found
proper, by any officer or officers of the
city or county whose duty it is to pass
upon the same, nor to hold that the
necessity for or reasonableness of any
such item cannot be questioned in
this court.
''It is not easy to define what is
necessary expenses incurred in the
general control of contagious diseases.
The question largely depends upon
the circumstances of each case, but it
can scarcely be said that such expenses
must in all cases be limited to such as
are incurred in preventing exposure
of other persons and not including any
sum in any case for the care and
treatment of the suffering patient.
The items of this claim for which
judgment is herein ordered were in
Cured after the enactment of chapter
80, general laws of 1902.
1.-The items incurred before that
date should be certified by the city
authorities to the county auditor, and
tax sufficient to pay the same should
be by him extended on the tax lists of
the county, and should be collected as
other taxes, and paid to the city
treasurer.
A stay of twenty days is granted.
=. In the case of Geo. Atchison vs.
the city of Mankato the court dis
charges the order to show cause land
vacates the temporary restraining
order. The memorandum is as follows:
Upon the face O. the pleadings and
the affdavits the plaintiff is not en-
titled to equitable relief by injunc-
tion, or in fact to any relief.
SIT clearly appears that the struc-
ture in question was placed within
the fire limits of the city of Mankato
since said fire limits were established,
and in open violation of the ordinance
in the defendant city in that regard,
and the plaintiff cannot be heard to
say that the structure is not dan
gerous one. That question was de-
termined when the ordinance was en-
acted, and cannot be tried here"
John G. Widell wins in the contest
over the estate of Carl J. Widell, de-
ceased. John Gustafson is the appel
liant, and the decision of the probate
court is sustained. The memorandum
is as follows:
IF appellant contention that the
wills in question, together with the
oral agreement between the parties,
constitute an irrevokable contract,
even then l think that the property
must go as awarded in the decree of
the probate court. Carl ]. Widell was
the heir of his wife, and John G.
Widell is the heir of Carl ]. Widell,
and the parties to the agreement must
be presumed to have so understood. "
A stay of twenty days is granted.
Col. Gustaf Widell is the admins
TRAITOR of his late brothers. estate, and
is the respondent in the action.
In the case of Ransom j. Marsh vs..
Stephens r. Brush, judgment is rem
dered in favor Of the defendant, dis
missing the action upon the merits
thereof, etc. A stay of twenty days
is granted.
The suit was one to determine the
ownership of the sw4, nw4, swA,
sec. 81, 105-28. 1t is found that Mr..
Brush has since Jan. 9Th, 1888, been
in "open, notorious, visible, exclusive
and adverse possession Of the
premises, and that he is the owner
thereof. The material allegations alleg-
ed in plaintiffs complaint are found to
be untrue.