Daily globe. [volume] (St. Paul, Minn.) 1878-1884, 1883-11-02
An Omnibus DECISION.

the supreme court this week, IN the case
of the state of Minnesota g.. rel. b.
E. EastIand, relator, VS.. Waiter K. Gould,
res pom 8nt, the latter being the judge of
the Moorhead municipal court constituted
by the legislature of 1888, claimed lille
gally in the house, which gave it but fifty
three votes out Of 103 membership,
when the state constitution strictly re-
uuired two-thirds vote of all tia mem
bers of that body instead of members pres
ent when the bill was passed, the latter
being the rendering OF the constitution
when the bill slipped through.
This test trial OF the sonstitutionality of
the establishment OF the Moorhead munich
pal court grew out Of ar election suit OF s.
E. Eastland, claiming to be elsotad clerk
OF said court, his case bsing decided ad
versely in the lower courts, and
this action he has obtained
sweet revenge, as il has knocked tbs
Moorhsad court into battered hat, leay-
iur quite & number Of unfinished trials on
Its Eands, and rendering eli decisions pre-
viously made by IL void.
This decision also is thought 30 efaet
the establishment of osAer municipal
courts II the state aud therefore becomes
OF such interest TO the general public thar
We give below tho full text Of th9 opinion
OF the cont:
The judicial poger Of the state is vested
in the supreme CONT, district courts,
courts of probate, iussioss OF the peace,
and such other courts, inferior to the su-
prene court, as the legislature may from
time to time estaolisa by ,~o thirds
o." Constitution ars. u eer. 1
A., 4
in this Gaze? The sapae or similar
language is found IL other parts Of the
constitution.
by ''two-thirds Yote'' the Legislature
may increase tho number OF associate jas
tees of the supreme court. AF5. vii, sac
ton 81. Nay proyiGs for tina holding of
terms of the supreme oourt in each jGsi-
cial district ID. 7 and may pasS General
Banking Law. Ara X, aec. 10.
Il upon reconsideration OF bill return
ed By the governor ago tair1s Of that
house, "in which ID originated agree 10 pass
it it is to b0 sent to tss othsE house and II
approved by two-thirds OF that house il is
to become Law. Art. NV, BIC. IL.
II upon reconsideration OF an apRropri-
alton bill, one or more iters thereof OBJ
jected to by the governor, arc approved
by thirds of the moBbcrs elected to
each house" the same anal bSosue part
of the law. It orders resolutions ard
votes requiring tbs concurrence es the
two houses (ezcspt such ss relate to THAR
business or adjourn meat if.rstnFnsd by shs
governor with objections "ahAll bs Eepess-
ed by two thirds Of the msmSsrs OF the
two houses" Art. ", Sec. Ii.
Whenever tIs-rhiras OF she members
eloeted to each branch of tina Legislature
shall think Is nsossssey to call g oonati-
tutiolal convention they shall recommend,
etc, Ars. XIV Section u.
The constitution Rlso provides that
majority of each house shsll constitute p
quorum for the transaction Of business
Art. ", Section 3 and that no law shall
be passed unless voted for By q majority
OF all the members elected To each branch
of the Legislature and the vote entered
upon the journals Of ench hsrse. ID. Sec
tina 10.
These are all the constitutional pro-
visions which throw light directly upon
the qoessioc in hand.
They show first that while majority OF
the members OF each house constitute
quorum, no Idoo however unimporsent can
be passed without ths votes Of a majority
IN each branch of the Legislature Of oil the
members elected to that branoa. This is
tie general rule of legislation prescribed by
the constitution.
In the second place it appears that there
are certain particular subjects which are
not left to the operation OF tAis general
rule. For this but one sensible reason can
possibly be aaSigaed. Certainly those
subjects could NOS have been singled ont
from the mass because they we're OF lsss
m merriam "a than fhnsa NJ p-Iiuors
ton. The provisions for the creation of
new courts, for the increase of the iudses
OF the supreme court and for making that
court itinerGnt are in effect provisions for
changing the constitution itself. That ia
TO sag the legislature is authorized to
change the rule which the fundamental law
specifically prsscribeS in the premises.
irrespective of this consideration the es-
tablishment OF new tribunals for the
administration OF justice, the increase of
the number of judges Of the highest court
IN the state, the places where that court
shall be held and the question whether o
policy which has been discarded in almost
every othsr community, viz: that of max
ing this court itinersnt, shall be a3opsed
here are subjects which mGuifestly tran
scend ia general aud public Importance
those of ordinary legislation.
That q general banking law il for the
most obvious yet weiShty reasons one of
extraordinary Importance will not be
questioned.
In conformity with q prastios which We
believe to be OF universal prevalence in
this country our constitution las for rsa-
sons Of acknowledged wisdom conferred
the veto power upsa the executive. The
enactment OF lay over q veto is an extra
ordinary exercise OF Legislative power. Il
overrides the official disapProv.l of the
proposed law by one of the three grand
departments of the government dis
approval authorized by the constitution
and which in the particular instance, is is
presumably the constitutional daty OF that
department to express.
These remarks apply with equal force
to the Legislative approval of items of AZ
appropriation bill and OF orders and rssolu-
lions objected to by the governor under
seotions IL and l., Rrtiols NV.
From these aud other obvious consider
Rtions which we will nos take time to
specify it is apparent Lhat ali this leyisla-
ton regarding the sanction of two third
vote ia of an extraordinary character and
hence it ia reasonable to expect that
if any distinction vers to