The herald-advance. (Milbank, S.D.) 1890-1922, 1916-11-24
NUMBER OF INTERESTING DECl.
SIONS ARE HANDED
DOWN..
OTHER ITEMS OF INTEREST
From the Capital City, the Various
State Institutions and from
Many Different Parts of
the Sunshine State.
Pierre

An opinion by Justice Smith in the
supreme court is of more than passing
interest, owing to the fact that the vot-
ers OF the state have just voted down
an amendment to the constitution
which would allow the classification Of
property for assessment. The case in
question is that of the state VS.. Fer
man Weaver, in which the lower cour
of Hyde county is affirmed. Weaver
In making his assessment return failed
to include approximately $4,000 OF GER
tificates of deposit for assessment. One
of his defenses was that while the as
SCISSOR demanded that the list include
any moneys he might have, no demand
was made for credits. The cour holds
that under the constitution as it now
stands all moneys and credits must be
returned for taxation. That such prop
erty is placed in the list with many
other items for the taxpayer to fill out
and that it is not necessary for the as.
SCISSOR to make a specific demand that
any of the property on the list should
be returned, but thai all must be in.
cluded. This holds in effect that any
resident of the state who fails to list
his money and credits must take the
penalty, if suit is brought.
In opinions by Whiting, in the case
of W. +. Eye, ct al, VS.. Frank Will
Jams, ct al, and the city of Centerville,
1t is held that a saloonkeeper is enti-
tied to recover the license money paid
when it is held that a saloon cannot be
legally maintained after the license has
been granted and the money paid.
In this case licenses were granted in
the city OF Centerville, and after op-
Grafton Of the saloons for a short time
it was held that they had not been lie
gally authorized. Suit was brought
for recovery of the license money for
the time yet remaining in the year for
which the license money had been paid
and judgment secured in the lower
court. and such judgment has been af.
firmed.
In the case of j. A. Davis, ct al, VS..
George Kramer, one of the petitioners
for a saloon at Davis signed the petit.
ton more han thirty days before the
town board took action. This signer
had died more than thirty days before
the petition came up and the court
holds that his name could not be
counted and the petition was short OF
the necessary names required. Other
opinions were:
BY Smith
Dan Handlin VS.. Smoe school district
Wakpala and Northwestern Surety
company. C%orson; reversed.
Jens p. Foldager VS.. Atwood Stone
company, Codington; reversed.
Superior Lumber and Coal company
vs.. l.. T. Stone and Trip county,
Trip: reversed.
BY Whiting
Harry f. Barnes. administrator. VS.
Arthur L. Thompson. Beadle; reversed
City Of Fort Pierre VS.. Western
Surety company, Stanley, reversed.
Fanny Holbert VS.. Hart Parish
Gregory; affirmed.
Adams company VS.. Claire A. Mes.
bitt, Pennington, reversed.
BY Gates
Thermoid Rubber company vs.. O.
A. Brictson, Brookings; affirmed.
Jacob Kurette VS.. Gottleib Ellen.
busch, ct al. Gregory; affirmed.
Adams company vs.. Claire A. Mes.
bitt, Pennington: affirmed.
Hames D. Hardin VS.. Walter E. Ora.
ham, Lawrence; reversed.