The Mankato free press. [volume] (Mankato, Blue Earth County, Minn.) 1879-1924, 1913-11-07

wealthy peopic dhu duuTcnoco Woio
lgiven by Mrs Commissioners Estill,
Colonel Smeeton of Chicago,
Colonel Marshall !. of Minneapolis,
Mrs. Brigadier Stilwell.. secretary to
Mrs. Estill, Major Boyd and Ensign
Ryan. The building is splendid
one, modern in every detail and is
purposed to be a home for fallen
women for the entire state of MINES
sofa, including Mankato.
From Thursdays Daily.
The right of a municipal council
to pass ordinances which are more
stringent than the laws of the state
relating to the same subject is a
power which people generally have
believed that this icty possessed.
/ They have likewise believed that if
the city ordinance were not as strin-
gent as the state law that it would
not be recognized by the court.
In the matter of pool hall regula-
lions the state law provides that no
IiilIlOE Tit vi CI6hICIIJ
and no minor student under twenty
one shall be allowed to play pool
| in public pool hall. The city or
| dinance on the same subject says
| that no minor shall be allowed to
play pool in such a place. From
J this it can tbe seen that the city
| ordinance is more stringent than the
| state law. When the case of John
1 O'Brien who is charged with the
/ offence of permitting minor students
to play pool in his pool hall, was
brought before the municipal court
yesterday afternoon Ivan Bowen and
Walter A. Plymat, attorneys for
O'Brien read passage from the
state constitution which revealed the
| fact that it is unconstitutional for
city having home rule in this state,
4 to pass an ordinance that shall sup
ersede the state law. If this is
correct the city ordinance is illegal
and cannot hold in this case.
This point was argued before the
: municipal court yesterday afternoon
and Attorney Arthur Schaub asked
/ that the case be continued until Tues
day of the coming week, as he felt
that it is a matter of great impor-
lance to the. city and he wished to
look up the matter fully, before go
| ing on with the case.
ST. Paul, October 30.-Kelsey S.
Chase, state superintendent of banks,
and Alonzo ], Edgerton, assistant at
torney general, today returned from
| Winnebago, where Mr.. Chase pre-
scented a petition in district. court
asking that an assessment of 500, 900
be made against the stockholders
of the defunct State Bank of Com.
merce of that city The capital of
the bank was $4,000, and the as.
sessment is for 100 per cent, the
maximum provided for by law.
The 1Winnebago' bank failed after
Harry w. Parker, cashier, defaulted
to the amount of $4,000 and fed tc
Georgia, where he was captured after
"a sensational chase John Sharp
president, under Indictment for falls,
flying statements to the state bank
ling department, is understood to be
Fighting the assessment. His attor.
[1ley, Andrew C. Dunn, argued to the
fcourt that thes procedure to levy the
assessment should have been for the
superintendent to make "a direct or
der without appealing to the court
This question probably will have to
be passed on by the supreme court
| The Winnebago bank had deposits
[of about $225,000. Approximately
| $150,00O of this amount has been
| paid and Mr. Chase said he expects
that the assets will net claimants
70 to rs cents ON the dollar The
lSharp trial is set for the December
/ term of court.
Whether Minnesota will get an in
heritance tax of s$56,541 from the es
tate of Jacob F. Tourtellottte OF
Minneapolis is to be decided by
Judge Dahl of the Hennepin county
probate Court December L. A SUI
preme court decree will probably
lbe necessary before "a settlement is
Preached. as .Ist
| Mr.. To,iftellotte left an estate val
ued at $637, 006 In his will he gave
his wife $150,000, and after making
minor requests, decided the residue
to the Rhode Island Hospital Trust
company and the Connecticut Trust
and Safe Deposit company in trust
for the town of Thompson, Wind
ham county. Connecticut, to be used
to enlarge and extend the Memorial
| high school erected some years ago
| by Mr.. tand Mrs. Tourtellotte. This
requests amounts to- $409,457. ~
Mrs. Tourtellotte and the Minnea-
polls Trust company are joint execu-
tors of the estate, and the company
has asked the probate court to pass
on the validity of this bequest 1t
is contended that a town has no
right to hold property outside of its
limits and in another, state, and that
the gift is invalid.