The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1904-03-31
SUPREME. COURT HAS
IMPORTANT CASES
Western Unions Contention
That 1t is Exempt From State
Control to Be Decided.


There are quite number of import
ant cases on the calendar of the supreme
court, which will begin it's April term
next Tuesday, chief in interest among
which is the case of the State of Min
nesota VS.. the Western Union Tele-
graph company and the case entitled
State of Minnesota ex rel Grant VS..
Iverson, as state auditor.
The case in which the western Union
is defendant comes up on appeal from
Hennepin county. Originally begun in
Clay county, the action was dismissed
and a new action commenced in Hen
nepin county, under which the state
attempted to enforce the law against
foreign corporations operating in the
state, and sought to recover 81 900 PEN
atty for refusing to pay a gross earn
ings tax.
The case was tried before Judge
Simpson, who sustained the states de-
murrer to the answer interposed by
the defendant company, which set up
that the Western Union is operated
under a national charter given to it by
congress and is exempt from state con-
troll or taxation. From this ruling the
court, and the case will be tried at the
April term. 1t involves future taxation
of the company in this state.
The Grant-Iverson case involves the
states right to grant mineral leases on
lake beds, and on the final determine
ton of the case many thousands Of
dollars depend. The case comes before
the court on writ Of certiorari.
Unusual Question Raised.
Unusual legal problems are contained
in the appeal from the decision of
Lake county court in the case Of the
State VS.. Louis Cerrivau. The appel
liant was convicted of murder and SEN
fenced to be hanged, but the board of
pardons later committed his sentence
to life imprisonment. He appeals from
the original Judgment, and the ques-
ton of his right to appeal after ac-
cepting a Communication of the judgment
is involved.
Then arises the further question if
the supreme court should give him a
new trial, as to the effect the commu-
tation of sentence would have on his
case. The attorney generals Office will
be called upon to defend the motion for
new trial, and will argue against the
appeal before the supreme court.
The State VS.. Morris Clemmensen,
from Morton county, is an appeal on le-
gal points from the conviction of Glenn
mensen on the charge of keeping his
saloon open after IL o'clock at night.
The sufficiency of the complaint is
to be tested in the appeal of the case
of the State VS.. Boehm. The case comes
up from Redwood county, and the ac-
cused was convicted of violation Of
the provisions of the wild mustard
law. The case has been certified up to
the supreme court.
Samuel Berman VS.. Minnesota State
Agricultural society is an appeal from
the Hennepin county courts. in which
the court held that the state society
could not be sued for personal inju
ries sustained at the fair grounds.
Other state cases on the calendar
are State VS.. Mecham, a Red Lake
county tax case, and State VS.. Lake
wood Cemetery association, involving
the question of the taxation of the
cemetery associations realty holdings
not used for cemetery purposes. The
latter case comes from Hennepin coun-
ty.
There are a total of 2O2 cases on
the calendar for the April term, as
against 210 for the October term. The
calendar is of about the usual volume
for the spring terms of the supreme
court.