The Minneapolis journal. [volume] (Minneapolis, Minn.) 1888-1939, 1903-05-15
ON THE Map To- STAY
Clearwater Connty's Existence Is Fl.
nally Established by the State
Supreme Court.

AL LC1lU u 1AOICl tcuUUMC E41C---
Reversals Numerous-Nine
Returned To-day.
Clearwater county wins in it's fight for ]
existence. The supreme court to-day
discharged the writ of quo, Warranto
brought against the county. commission
ers of the new county. which now taxes 4
It's place on the map as the eighty third
Minnesota county. 1t is the only result
of the various county division elections
held last fall. The county is cut off from
the southwestern corner OF Beltfaml ana
Bagley is it's county seat.
There were three propositions voted on
in Beltrami county The only one tha1
carried was Clearwater, but there We're
more negative votes cast against Roose-
Welt county than there were affirmative
votes for Clearwater. The opponents of
division contended that these negative
votes were against division, and should
also have been allowed to vote against
Clearwater The court in the opinion adj
mits that the restrictions of the law are
unfair and deny the citizen the effective
enjoyment of his franchise" However, the
court says, 1.-The difficulties suggested
cannot be absolutely resolved by any
argument to show that one method of Sc
curing county division is more fair or
of new counties is peculiarly practical
question depending in large measure
upon necessities as they arise" The court
holds that the improper submission OF the
question on the ballot did not invalidate
the election. The syllabus says:
State Of Minnesota ex rel. W. B. Douglas. attor-
:. ney general, relator, VS.. E. N. FAX ct a. re
spondents. -.
laws 1885 am enSirs9 s &c chapter
1898. In it's effective operation does not dls
Of ssns the eou Rt ito
in violation Of section 2, article, l, state con-
second-Where several competing propose tions
for county division are submitted at the same
upon one Which must be carried by airma tive
vote Of majority that ss foo amd etats e
rel rs. board ard of 90 commissioners OF Red Lake
ns Of
upon one as provided in sections and 2 chap
ter So laws 1901 held under the showing d u
County was established At the last election ,
ReversaIs Are Numerous.
OF the fourteen decisions, nine are re-
yersals of the lower courts - s
A new trial is granted ]. A. johnson
Of. Morris who lost some valuables In
the Vendome hotel fire, Feb. Z, 1902 and
sued to recover. The jury decided In
favor of the defendant Mr.. Johnson de-
manded new trial, and appealed from
the order denying it.. The supreme court
grants it on errors in the charge to the
jury. The syllabus follows
J. A. Johnson. appellant vs. Chadbourn Finance
First@Where the proprietor advertises and rep
resents to his guests that he Is keeping PUBIC
by means of signs upon the outside Of the build
ing. by notices posted in the rooms as an l tna
ssen 1897 Ct in and so
represents that there is cafe in icon est
by. and cannot avoid the duties and responsible
ties Of public hotel and innkeeper BY smpi!
e oIs and do operated BY other persons and tina
be has no hand or voice In Its management an cement
Duss sote Or nn By " s
io the negligence Of the Put e n az
showing ass that these losses happened By ire
sistble force of unavoidable accident such as
part. order reversed and new trial sSSntsd
Does Not Apply to Repairs.
The Ramsey county court is reversed
in case involving an assessment fol
sidewalks, which was made without the
petition Of property owners provided FOL
by the home rule charter of the city. The
court holds that this only applies to ar
original laying Of walk and not to repairs
or subsequent relaying. The syllabus
says:
State of Minnesota ex. rel. the City of st. Paul
petitioner. VS.. The District Court OF Ramse.
County, Minnesota, and the Hon lonao, George
Section g. title g. chapter g. home rule charte
of St. Paul. providing that no improvement, !, !
the nature of grading streets or laying new slde
Until at least one-thrd Of the interested propert
refer to original improvem ents Of the kind stated
and not to repairs or subsequent relay1ng or
sidewalk with new material
Notice Was Proper.
Olaf O. searle notified Edward s. Pow
ell, a tenant, May 81 to vacate premise
July l. The court holds that while tn
notice should have made the date Jun
80. it was proper and should have bee
obeyed.
Olaf o. searle, respondent vs. Edward S. Pow
It is proper to notify tenant from month t
month to remove on the day his monthly ter,
fective which notifies him to vacate the premise
the following day.
Judgment affirmed. Collins j.
Gallagher VS.. Bell.
The Hennepin county court Is sustaine
in Matt Gallaghers action against Georg
e. Bell, in which he sued for a commits
sion alleged to have been earned by pre-
curing tenant. The syllabus:
Matthew Gallagher, appellant. vs.. Georges Bel
respondent.
Evidence examined and held to sustain tt
findings of the trial court nt Z
Order affirmed. -BroYn, ].
Verdict Set Aside. g
Peter Setterstrom got verdict again.
the Brainerd & Northern railroad fl
1000 in Grow Wing county, on which
new trial is granted the company TT
syllabus:
Peter Setterstrom. respondent, vs. Brainerd
IL rom 10
pellant. FE
Three coaches with an engine were being NOV
and set upon sidetrack for the purpose of /
versing their order in making up. train.
was the duty of of the employees <(the he
brakeman to be at the switch and set the sat
to aid In accomplishing this result BY reason
authorized selection by him of another person
take his place the switch was first properly S
for sidetrack which was clear then chang
Immediately and reset so as to cause e
being run kicked backward from the engine
go upon another track where cars were stan
s Ing in one Of which plaintiff engaged
scrubbing the floor. when collision therewi
occurred whereby plaintiff was thrown down a
injured. Held upon the facts
First--That the acts Of the substitute for t
head brakeman was proximate cause of the
fury plaintiff received.
Second-That the substitute was not an e
ploye for whose acts defendant was responsib
f Third-That there is nothing in the evider
reasonably tending to show that other employ
than the head brakeman whose duty it "
to aid in making UP the train We're wanting
ordinary care.
Fourth-That the issue Of plaintiffs contrib
$,rv up01io was md no av1 for J