The Minneapolis journal. [volume] (Minneapolis, Minn.) 1888-1939, 1903-06-12
MAY YET GET MONEY
Minnesota Sugar Company Succeeds
in Getting Bounty Case Before
Supreme Court.
The Court Also Upholds Judge Holt
in Declaring That Nahum
Is Intoxicating.

The Minnesota Sugar company has
found way. The constitutionality of the
sugar bounty act will now be decided by
the supreme court. and the company has
a fighting chance to obtain the $4,000
county money under the law Of 1893.
The court this morni g granted the
company's application for writ Of GER
tiorari against State Auditor Iverson. 1t
will be issued in a day or two, citing him
to appear before the court with all the
documents in his possession. This will
bring the matter before the court, which
the company failed to accomplish by man
damus. State officials say this means
that any act OF a state or county official
Is subject to review by the court.
The decision was per curtain, Joined in
by the entire court and reads as follows:
This was an order to show cause why
a writ Of certiorari should not issue, d.
rected to the state auditor and requiring
him to transmit to this court certified
copies Of the records Of his office and Of
all reports heretofore made to him, and
Of all other papers relating to the claim Of
the petitioner for bounty upon sugar
manufactured by it, which bounty 1t is
asserted Is due from the state under the
provisions Of G. L. 1895, chapter 205, as
emended by 6. L. 1899, chapter 307.
"The return made by the auditor, when
fairly construed. is that he refused to
petitioner solely the ground that the
act Of 1895. as amended in $780, is OBJ
noxious to the provisions of the state con-
stitution and therefore invalid and of no
force or effect. We are Of the opinion
that under the circumstances appearing
from the petition and the return thereto
the writ should issue as prayed for, but
we will defer stating our reasons for so
holding until the questions arising when
the auditor makes return In obedience to
the writ, are before us for determination.
Let the writ issue as prayed for"
"MaItum" Is Intoxicating.
The supreme court affirms Judge Holt
| In his conviction Of H. A. Gill and An
| thony Evans, walters at the Columbia
theater, who were sentenced to pay fine
Of $50 or go to prison for 80 days for sell
| Ing Nahum" a preparation resembling
| beer. The court holds that malt liquor Is
presumed to be intoxicating, and quotes
Webster to that effect The syllabus in
| the Gill case is as follows:
state OF Minnesota, respondent, Vs. H. A. Gill,
pal court of Minneapolis Of the ofrense Of sell
| Ing one quart of malt liquor without a license
peal From an order denying bis notion motto for
new trial 1t Is held:
that hot ms to was egs IN ths
ing, or to plead the ordinance. or to conclude
coE to I'll the
malt liquor without a license.
| evidence tending to show that the defendant
believed the liquor sold by him was not in
Fcurh-6hs coayictien is sustainea BY thu
Contract Not Broken.
The Metropolitan Music company wins
in the suit brought by Richards M. Brad
ley, who erected the building the company
occupies and has sought to eject them
claiming that they repudiated the con-
4 tract. The lower court is sustained In
holding that the defendant company ha6
lived up to the contract and only owed
I for q certain amount Of rent. The syllabus
is as follows:
Riehards n. Bradley ct al, appellants, vs
Ger certain contract provided that the party .
upon certain premises in accordance with plan
and specifications then being prepared by an arch
for a period Of ten years from the first day 0
Nay 1900; The "a. agreement contained provision
of the building. provided for renewal at tn
expiration of ten years, stipulated certain penal
contained statements to the effect that NOR
formal lease was to be executed by the parties
F1rst-The contract was definite and complet
IN respect to the parties, the term, the natur
OF the building to be constructed, the premises
| the conditions Of renewal. method of Determining
the rental value and time of payment, and tn
parties haying executed the contract by con
structipg the building and taking possession
treated it as the final and only INSTRUMENT neces
sary.
the effect that the contract was not repudiate
by the second party. y
the evidence to the effect that the $2,iOO ite1
for extra night work was not part Of the cos
Of the building, within the meaning Of the cor
1
determining the renetal value.
Order affirmed. Lewis T.