Warren sheaf. [volume] (Warren, Marshall County, Minn.) 1880-current, 1909-12-02
READY FOR SIX FER CAST
ATTORNEYS IN WASHINGTON Te1
ARGUE IN SUPREME COURT.
City Would Change Fare Rate ant
Company Claims I'm.
Fnunity.

"ssoAAA6AOAs WV. OU.-"eA ldlE ISuTS
sentation of the Minneapolis bar |.
resting in Washington to await tn.
calling of the Minneapolis street rail
way case in the United States supreme
court The case is well down on the
calendar called at the opening Of
court and will be reached probably
Wednesday. or Thursday OF this week
City Attorney Frank Healy and
Judge w. A. Lancaster. are on hand
representing the city OF Minneapolis
On behalf OF the Street Railway com
pany, there appeared Judge NJ h
koon. Judge Milton ID. Purdy. M. y
Mum of st. Paul and NJ N. Thygesor
OF st Paul. The arguments of the
case will probably be made by Judge
Lancaster. for the city. and by Judge
koon for the traction company.
Inc city's right to provide by ordi
nance for the granting OF six fares for
quarter Is at stake in the case has
ing its claims to immunity upon u 50
year charter granted In 1875. the
Traction company asserts that It is
not amendable to substitute ordtn
ance to change the rate of fare pro-
vided in that charter ordinance.
The city's claims attempt TO dc
away entirely with the contract rights
claimed by the street car line 1t Will
be asserted that the company never
had more than 80 year franchise, and
that the subsequent act of the city in
1890. whereby electricity was substi.
tuted for horse power, constituted
merely a license to the Street Car
company, and was in no sense con.
tract. The city. it will be claimed, re-.
tanned all its rights OF public power
and regulation .-@
Minnesota Lumber Cases Up.
A motion to advance the time for
hearing the cases Of the state of Min.
nesota against the Rat-Portage Lum.
| Der company and the lie Sueur I4um.
Der company. was made in the su.
| preme court by Frederick 8. Tyler,
acting for Attorney General George 4.
Simpson. The motion prepared by At.
torney General Simpson. asks that the
case be set for hearing to follow the
case OF the Shevlin Carpenter Lumber
company. which will come up about
Jan. Is.
The appeals in all Of the cases have
been taken to the United States gu.
preme court. by the lumber company
from the decision OF the Minnesota
supreme court. The validity OF the
Minnesota timber statutes is in con
troversy. the lumber companies havins
been ordered to pay penalty tor tim
Der trespassing. 49,. .s 81
N. 2. Liquor Case.
! A test suit to decide the constitu
tionality OF the North Dakota law re
quiring the publication and fling ol
government liquor licenses. will be ad
judged before the United States su
preme court Immediately following the
Minnesota street railway case. the lat
ter part OF this week
r. E. Flaherty was taken into Gus
tody by the sheriff OF Grand Forks
county because he had failed to adver
tise and file his government liquor ali
cense. The, supreme court of NORTH
Dakota refused writ of habeas cor
pus. thereby upholding the North Da
kota law.
/ 1t Is claimed in the appeal to the
supreme court here that the state Law
is unconstitutional and that, while /,
appears to be an act to regulate liquor
traffic, it does not in fact attempt t.
accomplish. that end, but rather leave.
it to the government to determine t
what extent it shall engage in the
liquor business.