The Minneapolis journal. [volume] (Minneapolis, Minn.) 1888-1939, 1904-01-27
WARRANT HELD
TO Be ILLEGAL
POSITIVE AFFIDAVIT OF SOME
~-. PERSON NECESSARY.
Companion Case to the McGahey Ac-
ton at Bismarck Is Reversed by the
Supreme Court--Beer Seized a Year
Ago Under a Search Warrant Still
Special to The Journal.

Special to The Journal
Bismarck, N. D., Jan. 27.-The supreme
court has handed down decision IN the
case of the state against the 500 Railway
company ct al, reversing the lower court
and holding that a2search warrant issued
under the proceedings in question was IL
legal. This is q companion case to the
McGahey action, recently decided by the
court, in which McGahey was sentenced
to Jail and fine for contempt in resist
ing q process in prohibition case, and
which sentence the supreme court set
aside. ..."
The case just decided is interesting for
the reason that by it the largest seizure
Of liquor ever made in the state under a
prohibition law was made. The action
was brought when the easements Of the
Northwest hotel, and 500 station in this
city were raided last winter. Over $50
cases of the stuff that made milwaukee,
famous were seized by the sheriff. A few
days later, on an attempted replevin pro-
ceeding, the stuff was taken from the jail
by the defendants In the action and put
on a box car and shipped out Of the juris-
diction Of the court. This raised such a
storm that the beer was brought back and
taken into the Jail again.
When tho McC4ahey case was appealed
an appeal was also taken in this case. The
grounds were the same, that a search
warrant could not issue on the informa
ton aud belief Of the states attorney, but
must be on the positive affidavit OF some
person. The supreme court holds the same
rule in this case as In the other.
The beer that was seized still remains In
the custody Of the sheriff. stored in a
locked room In the county Jail. No own
err ever appeared to claim it, and as the
supreme court does not state anything re-
garding It's disposition. it is not known
what will become of it. An action may
be brought to recover. but as the beer has
hHep stored far a II is likely
to be stale. fiat and Improbable" at the
present time.
Insurance ssIoner's Report.
The annual report of the commissioner
of insurance Is In press Commissioner
Ferd Leutz reviews insurance conditions
for the year, and reports the prospects for
the coming year to be good. The transfer
Of the business Of reporting the status
of the fire companies Of the state from the
auditors department to the insurance de-
partment Is recomm ended, in order that
better supervision may be exercised over
the fire departments that receive aid from
tn insurance per cent tax in each city OF
town having an organized fire depart.
ment.
The commissioner also says that an eff
fort has been made to weed out all unsafe
or unreliable companies in the state, with
the result that the insurance business is
on a. better basis than ever before Great
increases are shown In the receipts from
fees and taxes, which are expected to eX-
coed by $40. 900 the receipts for the preced-
ing biennial period. '.".
Suits Against the Government.
Four suits have been Instituted in the
United States court for trial at the March
term. Louis A. Freker as administrator
Of the estate of George G. Freker, sue:
J. Fl. Caldwell on promissory note giver
. Sept. /, 1898, for $2,333.34. G. w. Blum
sues the United States for $289.S0, the
amount claimed to be due on consign
ment of oats delivered at Fort Keogh an(
which the government refused to accept
j. o. Kruhm sues for $227.93 for loss sus
tanned on an oat contract at Fort Yates
and !. P. Baker sues for $3.50 damages
In being prevented from performing a con
tract to transport three cars Of freigh
from the river landing at Bismarck t.
Fort Yates. Eve -
The commissioner of Indian affairs ha
set Feb 8 for the hearing Of the Indian
school matter at which time representa-
tives of Mandan and Bismarck will pre-
sent the respective claims Of the tw
cities for the location Of the school. Stat
Senator G. B. Little and Mayor F. II
Register of Bismarck will present tn
case for this city. -.
The plant Of the Washburn Miner a
Washburn was completely destroyed b
fire. The insurance was $4,000. TIL
Miner was a weekly paper owned by Ere
I. Harris.