statute as to the notice to the owners of property proposed to be taken or interfered with were complied with. The omission to name plaintiff on the plat or in the notice as the owner of the tract in question was not a fatal departure from the requirement that the names of the owners be stated so far as they "can readily be ascertained." The provisions of the statute as to the notice to the owners of property proposed to be taken or interfered with constitute due process of law. It is not necessary that the statute require the names of the owners to be stated on the plat or in the notice. The fact that no compensation in excess of benefits to the land not taken was awarded for property of the plaintiff taken in the proceedings is not sufficient to show there was not due process of law in that plaintiff was deprived of his property without just compensation or that there was a violation of the constitutional provision that private property should not be taken for public use. without just compensation. The records in the condemnation proceedings show sufficiently that the plaintiff's interest in the strip was condemned as well as the interest of Feye. The proceedings were under the so-called Elwell law, General Statutes 1913, Sec. 1566-1572. If the compensation, supposing it to have been more than nominal, had been awarded to the wrong person, the rightful owner had his remedy. This does not strike us as showing that plaintiff's interest was not

taken.

IV. Intoxicating Liquor State Ex Rel Isidor Zien vs. City of Duluth et al. 134 M. 355.

Holds that mandamus will not lie to control or restrict the discretion given

to city councils with respect to the issuance of a liquor license. That the power to prohibit the sale of intoxicating liquor within its limits may be given to a city by its charter or may impose further restrictions and more stringent laws regulating the liquor traffic than is authorized by the laws of the state and that it is not contrary to public policy to give power to prohibit such traffic to a city of the first class and that the constitutional requirement that the charter shall provide a legislative body for the city is not violated by conferring the power of the initiative and referendum upon electors of the city after establishing such legislative body. The ordinance is valid so far as it prohibits the sale of intoxicating liquors.

George A. Barrett vs. Village of Princeton. 135 M. Page 56.

This is an action for wrongful death of a boy and his companions each about seven years of age, caused by the caving in of a ditch two and one-half feet wide by 7 feet deep, which was being constructed by the village of Princeton. The rule followed in the decision of this case was to the effect that children have a right to use the streets for the purposes of play and not to be considered trespassers, but held that negligence was not shown on the part of the village and the case was properly dismissed. No recovery could be had under the circumstances of the

case.

are

William H. Peterson vs. City of Jordan. 135 M. Page 384.

This is an action for wrongful death against a municipality of the 4th class, raising the question of whether a village or city is liable for damages which

Whether the defendant is negligent in maintaining a man-hole on the street crossing which projected above the level of the street crossing and whether plaintiff's injuries were caused by slipping on the sloping side of such manhole is a question for the jury.

Brown vs. City of Minneapolis. 161 N. W. Page 503.

This was an action to recover damages from the city on account of injuries received by a child from a lantern which was placed by employees of the city to warn travellers at night of an excavation in the street. The lantern was set on a plank which in turn was placed on a pile of sand. It is held that a common kerosene lantern is not such an attraction to a child or such an inherent danger as to bring the case within the "turn table" cases. That there was no negligence in placing the lantern as it was placed in this case. The court said in this case the defendant was in duty bound to light these trenches with red lights at night. It set the lights in about the usual way. It can not be said that it was negligence to set them when the men quit work instead of sending some one back at dark for that purpose. A lantern in some attraction for a child and involves some

danger but we can not regard a common lantern as being such an attraction or inherent danger as to bring the case within the rule of the class of cases known as "turntable cases."

Killeen vs. City of St. Cloud. 161 N. W. Page 260.

A school building was about to be erected on 7th Street North, in the city of St. Cloud under permission from the city Commissioners having charge of the streets. A quantity of building sand had been deposited in the street adjacent to the site of the proposed building; plaintiff driving a horse and buggy after dark ran into the pile of sand and his buggy was turned over and he was thrown out and injured. He brought suit for damages and recovered a verdict against the city. In this case it was held that the duty of those who placed the sand in the street to guard the same by red lights or proper warning signals during the hours of darkness. But this fact does not absolve the city from the duty to exercise reasonable care to keep its streets safe for public use. In this case the city knew or ought to have known that those who placed the material in the street failed to properly guard it and the injury occurred because such obstruction was unguarded for several succeeding nights. succeeding nights. Whether the city was chargeable with notice that the obstruction was unguarded was a question for the jury.

Miller vs. City of Duluth. 159 N. W. Page 960.

The city is not obliged to grade or improve all platted streets within its limits. If however, an ungraded street is frequented by travel and the city have notice of the fact it must keep such street in reasonably safe condition

for travel. If it improves and keeps in good condition a roadway of sufficient width for ordinary demands of travel that is sufficient. In this case it was held that it is negligent for the city to permit an excavation 4 feet deep in the middle of a travelled road with the bank above the excavation only 16 feet wide without guard or railing and without lights at night, where the course of travel and the surrounding conditions are in the nature of an invitation to pass along the top of the bank.

VI. Public Policy.

Hjelm vs. City of St. Cloud. 159 N. W. Page 833.

A person, not a pauper, conveying land to a city upon the city's promising to furnish him support during his natural life and burial upon his death and which the city has fully performed and the evidence sustains the finding that the deceased had mental capacity to contract it is not important whether the obligation assumed could have been forced against the city so long as it remained executory. The city has power to acquire land such as this for municipal purposes. The contract having been fully executed on both sides and the grantor having received his full consideration for the grant his heirs can not recall the title to the land conveyed.

VII. Public Buildings

162 N. W. Page 1073 Anderson vs. City of Montevideo. 162 N. W. Page 1073.

When a municipal corporation in good faith erected a building for municipal purposes and included therein an auditorium which is no longer needed, for public use, and the leasing thereof will lighten the burden of taxation of

the municipality, it has the legal right to lease the same for private use.

VIII. Local Assessments. 159 N. W. Page 962. Magnolia Street Sewer, City of St. Paul vs. Oakland Cemetary Association. 159 N. W. Page 962.

The city may exempt public cemetery associations from assessments for local improvements. There is nothing in the constitution forbidding either the assessment of such property or its exemption from assessment.

IX. Vacating Plats Maletta vs. Oliver Iron Mining Co. 135 M. Page 175.

This is an action for the recovery of damages for obstructing access to plaintiff's property situated on the platted village street. It is held that under the evidence as a matter of law sustained injury in vacating a portion of the plat not including plaintiff's property would not bar recovery for damages.

X. Wages

William Schlawr vs. City of St. Paul. 132 M. Page 238.

This case is an action for wages by a police officer of the City of St. Paul. The police officer was discharged by the police commissioners and in attempting to discharge such police officer the charter of the city of St. Paul was not complied with, with respect to the provision relating to civil service, in its failure to state the reasons for such discharge. When discharging an employee of a city under civil service. rules such civil service rules must be strictly complied with. Because of the failure of the commission to comply with such rules the discharge did not become effective and the police officer was able to recover his salary though

no actual service was rendered to the city for several weeks after such attempted discharge.

XI. Notice of Injury. Elsie Webber vs. City of Minneapolis. 132 M. Page 170.

In this case a notice was served upon the city alleging injuries to have been suffered as a consequence of the diversion of the natural flow of surface water, the defense being that the notice was not sufficiently specific. It was in fact not as particular in its detailed statement as the complaint, but the court held that the preliminary notice to the city was not a material departure from the complaint and a recovery was had. Notices of this kind are en

titled to a fair and reasonable construction.

Olke Johnson vs. City of Duluth. 133 M. Page 405.

The provision of chapter 391 Laws of 1913, relating to actions against municipalities for damages and providing for service of written notice in such cases was intended to prescribe the only rule which should govern as to the subject matter of the action. The provisions of this law2do not apply to causes of action for damages to real property growing out of re-establishment of a grade line of the street and the filling up of some new grade line. In such case no written notice to the city is required.

II Sewers and Sewerage The advice of the State Board of Health should be obtained in regard to the place of disposal of sewage and the kind of treatment necessary, if any. This Board has in its employ a corps of experts who have for some years been observing the water and sewer systems of the cities and villages of the state. These experts have by very thorough observation and investigation discovered certain principles governing the operation of water works and sewer systems which are very valuable to communities and their designing and constructing engineers.

A sewer system, for instance, is a simple device as compared with many of the complicated mechanisms of the day. It consists of a set of pipes which so connected as continuously to

are

run down hill from the house connection to its outlet. Its very simplicity has led, in many instances, to the assumption that its design and construction does not require care and study and in such cases there have been needless expenditures of public funds. A comprehensive design for the entire. community should be obtained even though only a part is to be built at the beginning, then in the future additions will fit into the preconceived plan with a minimum expense.

Sewer systems may be designed either to carry the domestic wastes or on the other hand to carry away stormwater. In the first case the pipes are comparatively small, a six inch or eight inch pipe being sufficient, if carefully laid under competent inspection care to take a population of about one thou