Daily globe., 1881-05-08
IAe Municipal Court.
To the Editor of the Globe.

L
The vagaries of the acting judge OF
the municipal court cannot fail to afford
a prolific theme for remark. There was
the mock election last fall, then the leg
islative election in the winter, now
another attempt to be elected this spring.
Walter q. Burr mustt1and it difficult to
concentrate his mind upon judicial ques-
tions while agitated with the conflicting
opinions he must entertain regarding the
legality of his position. If the election
held in the fall was lawful, there GER
tainly was no necessity for legislative
enactment to legalize it, and if it was un-
lawful, all the legislatures in the
United States could not curse the defect or
make MIR. Burr's seat more tenable, and
the attempt to be again elected this
spring, is conclusive proof that he is on
ly usurper, with all that the term i'm
plies. The whole transaction is burlesque
from beginning to end, and is calculated
to bring ridicule and contempt upon a
very important court in Ramsey county.
Judge Wilkin, one of the ablest jurists
in the State, said when giving his opin-
regarding the legality of the election a
wear ago this spring that there was no
notice given, which he deemed on es-
sential feature in the case. The judge
was probably governed IN this idea
by general principles, and not
by the special law in the case, for by the
law of 1875 which created the municipal
court and fixed the time Of the election
of the Judge, no notice was required,
while the law of 1876 regulating an cleo
ton of city officers, provides that the
common council shall give ten days no.
tice. Now if by any straining OF the
laws Interpretation an election of q mu-
nicipal Judge was to have taken place
this spring, it could not legally soccur be-
cause the election derived its legality
partly from the law and partly from the
notice. No notice then having been Civ
en- the attempted election was farce
even had it been the proper time 10 elect.
The position of Mr.. Burr is scarcely de
facto because to be a defacto officer there
must be some reality in the Office, and
in order to make. a strict
ly de facto Judge there
must have been an authorized election
though the Judge might have been illgal-
1y elected. Dillon on corporations, a
recognized authority, says that votes cast
at an unauthorized election are simple
nulities. Now nplity can make moth
ing, consequently Mr. Burr is no judge,
because last November there could not be
an election for municipal judge for the
reason no shadow of law existed to
authorize such election. Then Mr.. Burr
is simply an acting judge, never having
been elected, and his acts are neither
legal or binding. This is asserted with
out the fear Of successful contradiction,
OF of any proof being produced toweaken
the position. es
4 The writer now refers to his
own original position, declaring the IL
gality of his election last spring. 1t was
the only time an election could properly
take place. The law is explicit that the
election for municipal judge should occur
at the general city election Of 1876 and
every four years thereafter. Thus 1880
was the proper time and 1t was an unjust
crusade against the proper incumbent
that prevented him from being inducted
INTO the Office. If the laws are to be null
lifted for the purpose of perhaps accom-
modating some political combination then
it is time to abolish allforms Of right and
let chicanery be the rule.
etT FAIR PLAY.