Semi-weekly herald., 1909-11-04
SUPREME COURT HANDS DOWN
MANY IMPORTANT DECISIONS


DENVER. Nov. To-day was opin-
ion day in ihe supreme court and
about thirty important opinions were
rendered by that tribunal. Perhaps
the most important being one In which
the validity of the Pueblo county $3.50.
600 bond issue was upheld. Other
opinions touch on many more legal
questions varying according to the ma.
ture of the cases being considered
The Fort Collins anti-liQuor ordinances
were supported in total. Assessors
were not allowed to arbitrarily raise
al assessment without first notifying
the party assessed. II must be prov
en- that a city or a town had actual
knowledge OF defective sidewalks be.
fore damages can be secured against
city should pedestrian be injured
The following is a gist of some of
the opinions:
Objections Came Too Late.
In the case of ]. II. Hildreth VS.. the
city of Longmont in which Hildreth
and others hoped to prevent the con-
struction Of sanitary sewer the court
finds for the city.
The objectors to the enterprise fail.
ed to legally make their obligations
until after contracts for the construc.
ton of the sewer had been let. The
court held that the objections came
too late" They should have been
made before contract was let.
Actual knowledge Necessary.
A city through its authorities must
have actual knowledge Of n defective
sidewalk and neglect to repair 1t be.
fore 1t shall be liable for damages for
Injuries received by reason Of the de.
feet, is the opinion of the court In
the case of Alice L. Burns against the
city of La Junta.
Mrs Burns fell on defective side.
walk in La Junta. Later, she received
verdict for $500. In her complaint
she alleged carelessness. but did not
say how the city WAS careless. The
court reversed the case and said:
THE only theory upon which mu-
nicipality may be held liable for dam
ages In case like this Is that IL
had notice, actual or constructive OF
the existence of the alleged defect and
failed within reasonable time to rem.
edy It,"
Prohibition Ordinances Upheld.
The supreme court today upheld the
anti-liquor selling ordinances OF Fort
Collins and affirmed Judgments and
fines in three cases that had been I'm
posed for their violation.
j. 8. Cunningham was arrested on
two counts In 1906. and Mrs. p. H
Kelley on one count. charged with the
violation OF the liquor license ordi-
nances. Fines were unpaid on all
counts and the defendants appealed
A number of objections were raised
and over dozen assignments OF err
ror were alleged. but all to no pur-
pose. The court simply dismissed all
OF the cases with the simple state
ment that 1t could not see that jus
tice was not done. hence the fines
and other penalties imposed by the
lower court will stand.
Brick Yards Won.
The brick yards won decisive vic
tory In the court today in what is
known as the brick yard cases.
Denver has an ordinance providing
that no brick yard where bricks are
burned can operate within 1.200 feet Of
dwelling or school house unless by
consent OF school authorities or owner
of the dwelling. One OF the owners Of
q yard was fined for violating the ordi.
nance and all joined.
The ordinance was enacted under
the general health proposition. The
court finds for the brick yard men
In every particular and holds that .
more drastic or radical Law could not