The Minneapolis journal. [volume] (Minneapolis, Minn.) 1888-1939, 1906-11-16
Supreme Court

James T. Elwell, respondent-appelant vs.. Ed
f. gar R. Comstock appellant-res
r. Syllabus: First-Section Of article Z, of
the constitution, providing that all elections,
except for town officers, shall be by ballot,
was Intended to secure to the elector the priyi-
lege Of exercising his right Of franchise Sc
cretiy and effectively; in view Of which, it is
held that any method of conducting elections,
sanctioned by legislative authority, which will
secure and effect that right is Substantial
compliance with the constitutional mandate.
Second-Chapter 267, laws 1905, providing
for and authorizing, under certain conditions
and restrictions, the use of voting machines at
elections in this state, does not contravene the
provision Of the constitution that all elections
shall be by ballot
Ihird-The legislature may delegate the
power to determine some fact upon which
statute makes its own action depend.
i4Trth.dhe power delegated to the voting
laws 1905. to determine the efficiency of the
voting machine thereby authorized to be used
at elections In this state is neither legislative
nor judicial, but administrative in character.
F1fth-A ballot cast at election which
is so marked by the elector that his identity
is thereby disclosed to any person other than
the voter. is void.
Stxth-When such mark Of Identification
appears upon ballot. the eIector who cast it
cannot be heard to say. that he did not intend
the mark for that purpose.
Seventh-Assignments of error, respecting the
action Of the trial court in counting and re-
fusing to count certain ballots, considered and
u.
Order affirmed.s.::;. Brown, J.
Thomas Murphy, respondent vs.. Gustav Renner
and Emele Renher, appellants
Syllabus: An. attempted conveyance by deed
mortgage or otherwise, Of his homestead by
married man without his wife's signature. Is
void, altho at the time she. may have abandoned
him and her home and may be living an adul- ;!
ferrous life. ''E'aH'@Sa'sfaTarr-s - Fs;a
Order affirmed. Start G. J.
John McCue. appellant, vs.. Edward Barrett and
John Barrett, respondents.
Syllabus: First-Conditions subsequent are to
be strictly construed and taken most strongly
against the grantor. A forfeiture for q breach
or condition subsequent may be waived by acts
as well as by express agreement, and once
waived the grantor cannot take advantage of 1t.
second-An agreement between the grantors
Of the parties hereto construed and held that
1t Is conveyance Of the land therein described
upon the condition subsequent that the grantee
hi sheirs and assigns, should build and forever
maintain line fence. -
Third-Ihe grantee built the fence and after.
wards, with the full knowledge and consent of
the plaintiff, the defendants removed it and
with his consent it remained down for some
twelve years. Held, that such facts justified
the finding and conclusion of the trial court
that the plaintiff had waived forfeiture of,
defendants rights in the land for the breach
Of condition. p.
Judgment affirmed. Start G. J,
NJ. J. Dahsten, respondent, vs.. Louis Anderson,
Syllabus: First-section SO, article T. of
the constitution, prohibiting special legislation
upon certain enumeration subjects, has no
application to the power of the legislature to
create new courts under section /, Of article
g. nor to an amendment of an act creating and
establishing court Hereunder.
Second-It is not essential to the validity
Of such an amendment, as to ma tiers of practice
and procedure, that 1t be passed by a two
thirds vote of both branches Of the legislature.
Third-Chapter 397, laws 1901, is constitu-
tional and valid, and limits the right of APP
peal from the municipal court Of the city of
Duluth to the district court; no appeal lies
direct to the supreme court. :
Appeal dismissed Brown, J. .
Gertrude johnson, as Administrative Of the es.
tate Of Erick Peterson, deceased, respondent,
vs.. G. A. Smith Lumber company, appellant.
syllabus: Defendants custom was to draw
by horsepower tramcar, loaded with slabs III
the basement Of its mill. thru an aperture in the
wall up varying grade and for considerable
distance to point near the level, and there to
block the car, and when another had been
hauled to that point to chain the two cars to-
gether and to draw them hence, in "order to
equalize the uphill haul.S In this case two
| killed plaintiffs interstate at work there. In
an action to recover damages it is held: I
F1rst-That the occupation Of deceased was not
| Of that simple and safe character in which, as
matter OF law, the master, in the exercise of
due care to provide a safe place for his SER
wants work, is not bound to prescribe its meth
o. instruct servants therein and see to the EN-
forcement thereof. -s - se8s r.. ~ - (
| second-That, In view Of the requests to
charge. made andsgiven. and in the absence of a
specific request to submit to the jury the exist.
ence Of such a duty on the masters part as Il
| matter Of fact, the defendant was in no posi-
ton to complain Of the charge to the master
| duty actually given by the trial court.
Thfrd-That the evidence showing the recent
| employment Of the young teamster from whom
| the, cars escaped the absence Of instructions
given him by the master as to the method Of
blocking the cars and the system actually In
vogue, justified the jurys finding Of negligence
on the masters part. $EA =. p. T
| The jury returned verdict Of So, 900. The
| deceased sober and Industrious man. in good
| health, "a years of age, had provided well for
| bis family surviving him. The damages were
not excess ve. -aa, ... ... 45.E III ) /
| Order aft med. 81 -Jaggard T.
SUPERIOR, W1s.-Hayden Pickering. 10
Tears old, shot 2O0pound buck.
MARQUETTE, MICH.-Thomas Scadden has
/ nf .b