The Idaho Springs siftings-news., 1905-06-10
The LAW IN COLORADO
DECISIONS OF SUPREME COURT.

faPheTs' Charges-Rights of Fisher
men-8rown Palace Hotei-strat-
ton Option.
Denver. June 7-Colorado's SUI
preme Court handed down large
number Of opinions Monday, demon
strating that the court is determined
that the big docket shall be cut down
to reasonable list if hard work can
do IT.
In the cases decided are several
tnat have been OF interest to the pub
nc at various times in the past. One
OF particular interest to Woodmen of
the World is the suit of the Head Camp
vs.. Huldah L. Woods of Pueblo. Her
nusoand was an early member of the
order, and few years after he Joined
ioGge law was adopted that members
engaging in hazardous tasks, such as
railroad hrakefnen. could maintain
Their Insurance policies only by the
payment of an extra fee. In 1890 he
was engaged In braking and was
killed, but there had been paid in on
MS account small sum OF money in
excess OF the regulation fee. After en-
gaging in that work he had not paid
the extra hazardous risk, but the heirs
claimed that they should have the
right TO cause this excess sum carried
as II paid in for the extra hazardous
risk. They also set up that any bust
ness conducted by the head camp in
any other state but Colorado is illegal.
The lower court gave the widow
verdict for the amount of the insur-
ance. but this Justice Goddard holds to
have been wrong and reyerses the
case. He gives the opinion that busi-
ness transacted by the head camp in
session III other states is legal
In an opinion rendered in suit
brought by Thomas +. Walsh against
Mary L. Jackson. which came up from
Ouray county. ruling Is made that is
OF interest to stenographers. The
lower court allowed the stenographer
for the punctuation marks In the man
uscript Of record, but the court ruled
that Il is the words that must be paid
for and not the marks that make them
ineligible. This was a suit over a
mining claim. and the lower court gave
a verdict for the woman. but this is re-
verseG and the case remanded for re-
trial.
Fishermen may not trespass upon
private ground hereafter In pursuit OF
the finny tribe, even though the fish In
the stream have been placed there by
the state hateherIes. The decision
came on the suit OF A. Hartman
against George Tresise of Gunnison
county. Hartman's fence was broken
by Tresige. who entered the land TO
fish. and Hartman sued for damages.
The Gnnnison court held that the de
fendant had a right to force a way in
to get at the state fish. The opinion is
reversed. the entire court asserting
excepting Judge Steele.
Another decision that settles Ion <
controversy is over the mortgages on
the Brown Palace hotel. which was
handed down by Justice Gunter. 1t
ali the judgment of the Denver
county District Court. which was in
iavor OF the United States Trust Com.
pany. Under the decision the mort
cages may now be foreeiosed. The
suit is entitled the Loekhaxen Trust
and Safe Deposit Company vs.. the
United States Mortgage and Trust
Company. The mortgages amount to
se5o,0 GOO. and the children cf Henry c.
and the late Jane Brown claimed life
interest in the property, through the
state of the mother. Unless the heirs
can now raise the money and pay OF
the mortgages this interest will be
lost.
Another opinion handed down In n
connecting case is that OF r. ]. O'Don-
Hell vs.. DIR. Rice and other executors
Il the estate Of ". S. Straeton. At the
time of his death Stratton held these
mortgages. but had given an option to
Michael Ffnnerty to buy them. Fin
nerty rendered the money to the Den
YER National Bank and wanted the
mortgages. but the executors refused
70 close the deal T. j. O'Donnell. an
Interested party sued them for the
notes. but they set up a demurrer that
the option was faulty In that 1t did not
promise to turn over the notes. Tie
court sustained this.