The Duluth rip-saw. [volume] (Duluth, Minn.) 1917-19??, 1919-10-04

furn lInDdTGldl fCAuASeo - - 0A6 SssSA
NJ eases brought against that corpora
lion. came to Duluth three weeks ago
and, for much of one Saturday, pound
I'D law books and argued motion be-
fore Judge Cant, praying that fire
damage cases be transferred from Carl
ton to Duluth for trial.
The case made the foundation for
The motion was entitled: Louis Mar:
t;nson. plaintiff, VS.. Minneapolis, St.
Paul & Sault Ste. Marie Railway Com
napv. a corporation; Walker D. Hines,
director general of railroads; Charles
Dbont. Edward Hultberg, Herbert
Freeborn and James r. Weddell, de-
PENDANTS.
After due deliberation, Judge Cant
Granted the motion and handed down
the following orders, viz:
The above named action came regu-
larly on for hearing before the under
signed William A. Cant, Judge of said
Court, at his chambers on Saturday,
the 18th day Of September, A. D. 1919,
At 9:3O O'Clock A. M. of said day, on
motion of the defendants for an order
of said Court changing the venue and
pacc of trial of said action from the
county of Carlton to the County of
st. Louis in said State Of Minnesota,
on the ground that a fair and impair
tial trial of said action cannot be had
in the County Of Carlton, Messrs. John
L. Erdall, H. B. Fryberger and w. A.
Hayes appearing as counsel ON behalf
of the defendants in support of said
motion, and Messrs. Hugh J. McClearn,
Devaney & McGrath and Clayton j.
Dodge appearing as counsel on behalf
of the plaintiff in opposition thereto;
the Court having read the affidavits
in support of said motion and the affi-
davts in opposition thereto, and hav-
ing heard the arguments Of counsel,
and being duly advised in the premises.
1t is hereby ordered that upon the
conditions hereinafter set forth said
motion be and the same hereby is in
all things granted, and the place of
trial of said action is changed from
said Carlton County to the County Of
st. Louis in said State Of Minnesota;
As condition of said order, accept
ance Of the terms of which order shall
be considered an acceptance Of such
condition,
It is further ordered that the de-
PENDANTS shall reimburse the plaintiff
for the railroad fare necessarily paid
by the plaintiff and all Of his mate
rial witnesses from their places Of resi-.
dence in the County of Carlton to the
City of Duluth, the place Of trial, and
return, and that such payment shall
be made by the defendants to the
plaintiff as soon as the amount Of said
mileage of said witnesses is presented
to the Court and approved by him as
correct; and if said witnesses, or any
Of them, shall travel by other means
of conveyance, the plaintiff shall be
reimbursed on account thereof under
this provision at the same rate as if
they travel by rail.
It is further ordered that before the
amount of such mileage shall be ap-
proved by the Court the defendants
shall be given a list Of the witnesses
and the mileage so claimed, and coun-
sci for the defendants shall be given
an opportunity to be heard on any
objections that they may have to the
allowance made to any witness.
1t is further ordered that when this
order is filed with the Clerk Of the
District Court of the County of Carl
ton, he shall forthwith transmit all
files in the above entitled action to
the Clerk Of the District Court Of the
County of st. Louis and State Of Min
nasota.
Judge Cant's Memorandum.
The matter Of supreme Importance
in connection with these fire cases is
that there shall be fair trials; fair to
the plaintiff as we'll as to the defend
ants; fair to the defendants as we'll as
to the plaintiff. The cases are neces-
sarily of great Importance to those
who have lost their property. They
are likewise important, but in less
acute way, to the defendants. The
fires of October 18th last destroyed
much property in various parts of
Carlton County; they extended to more
than half the townships therein and
large areas not altogether contiguous
were burned over. More than two hun
dred suits have already been instituted
in that county against railway compa'
MES to recover on account of losses
sustained through said fires. Other
claims by the hundreds against such
companies arising from said fires in
various parts of said county are said
to be in the hands of attorneys for
Prosecution. The suits may easily ex-
eeed one thousand. Certainly more
than thousand people in said county
sustained losses through such fires, and
for the purposes Of this motion that
fact is practically as important as if
each had brought suit. We are con-
eerned with the attitude Of the public
mind generally upon the question of
whether or not recoveries should be
mad, irrespective of how many suits
nave actually been instituted up to
this date.
1t is well known that the fires in
question amounted to overwhelming
disasters for many people. The dis
1ress consequent thereon was very
great. 1t ia c1aimod that oil this mr.