Gilpin observer., 1905-06-08
The Law IN COLORADO
DECISIONS OF SUPREME COURT.
Woodmen Of the World Suit-stenog-
raphers' charges-Rights Of Fisher
men-srown Palace Hotel-strat-
ton Option.

ubCu@otoWn TotdCe I1OtSl-0tTdt-
ton Option.
Denver, June 7.-Colorado's Su-
preme Court handed down a large
number of opinions Monday, demon
strating that the court is determined
that the big docket shall be cut down
to a reasonable list IL hard work can
do it.
In the cases decided are several
that have been of interest to the pub
lie at various times in the past. One
OF particular interest to Woodmen of
the World is the suit of the Head Camp
VS.. Huldah E. Woods of Pueblo. Her
husband was an early member Of the
order, and a few years after he Joined
lodge law was adopted that members
engaging in hazardous tasks, such as
railroad brakemen, 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
his account a 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 busi-
ness conducted by the head camp in
any other state but Colorado is illegal.
The lower court gave the widow a
verdict for the amount of the insur-
ance, but this Justice Goddard holds to
have been wrong and reverses the
case. He gives the opinion that busi-
ness transacted by the head camp in
session in other states Is legal.
In an opinion rendered in a suit
brought by Thomas F. Walsh against
Mary e. 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 it 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
verdict for the woman, but this is re-
versed 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 hatcheries. The decision
came on the suit of A. Hartman
against George Tresise Of Gunnison
county. Hartman's fence was broken
by Tresise. who entered the land to
fish, and Hartman sued for damages.
The Gunnison court held that the de-
fendant had 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 a long
controversy is over the mortgages on
the Brown Palace hotel, which was.
handed down by Justice Gunter. 1t
affirms the judgment of the Denver
county District Court, which was in
favor of the United States Trust Com
pany. Under the decision the mort
cages may now be foreclosed. The,
suit is entitled the Lockhaven Trust
and Safe Deposit Company VS.. the
United States Mortgage and Trust
Company. The mortgages amount to
$3.50. 900, and the children Of Henry C.
and the late Jane Brown claimed life
interest in the property, through the
estate of the mother. Unless the heirs
can now raise the money and pay Off
the mortgages this interest will be
lost.
Another opinion handed down in a
connecting case is that of T. ]. O'Don-
nell VS.. DR.. Rice and other executors
of the estate of w. S. Stratton. At the
time of his death Stratton held these
mortgages, but had given an option to
Michael Finnerty to buy them. Fin
nerty rendered the money to the Den
yer National Bank and wanted the
mortgages. but the executors refused
to 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 it did not
promise to turn over the notes. The
court sustained this.