St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1884-10-03
THE ABSTRACT RECORDS CASE.
The Full Text of the Decision in the
Matter bV Judge Brill.

the abstract records of the county from law
yers, real estate men and citizens desiring
to examine and prove titles to real estate sit
uate in Ramsey county, and to take fees
from them for doing this work with cleri-
cal force of his own, entered complaint for
injunction and damages in the district court,
which was subsequently heard by Judge
Brill at a special term of the court, who filed
a decision adverse to defendant and sus-
tanning the plaintiff in the case yesterday.
In an interview with Mr.. Passavant YES
terday afternoon by GLOBE representative,
he gave the latter to distinctly understand
that as an agent, acting under the instruc-
tons of the board of county commissioners,
the decision of Judge Brill would
not be obeyed by him and
that an appeal from his de-
cision had been made by him acting as such
agent to the supreme court.
We publish below the full text of Judge
Brill's decision in this case, having, as it
does, great interest to those who have here
fore been assessed by the abstract clerk for
looking up and proving real estate titles,
instruments, ETC., when they have desired
to do these jobs themselves, the decision
feature in the case:
Chas. n. Bell VS.. Chas. Passavant: motion by
plaintiff for judgment on the pleadings
The allegations OF the answer are very vague
and contradictory. In place the existence
of any abstract records is denied but it is appar-
ent from the remaining portions of the answer,
well as statements from the counsel upon the
argument, that such records do exist The an
swer denies that defendant has exclusive pos
session or control OF the abstract records except
that "he is acting in the matter of the keeping
of said abstract records the agent, and for and
in behalf of the board of commissioners of Ram
sey county, pursuant to the act of March 2 1872
1t is difficult to determine what was intended by
this, in view especially of the fact that the law
does not provide for an agent of the board of
county commissioners, nor give the board pos
session or control of the abstract records. Civ
ing to the answer, however, the most liberal
construction, and treating it as setting forth
the facts, which may perhaps be considered as
matters of common knowledge, and the argument
of counsel was largely on that theory, the case
stands thus: The county is the owner of a set
of abstract records acquired under the provisions
Of chapter 49, general laws of 1871; the defen-
dant has been appointed abstract clerk under the
provisions of chapter 1877 of the special laws of
1872, and he is in possession of said abstract
records, and excludes the plaintiff, a citizen and
taxpayer of the county, and other citizens from
inspection thereof
1t would seem as matter of public policy that
the records of every public Office ought be open
to the inspection of every citizen within reason
able limits OF time, place and manner, and where
ever the question has been before the courts
such has been the determination without excep-
ton so far as l have discovered. The records
belong to the public and not to the officer
who Is but servant of the
public, and the public, and the individual as
part of the public, has a right to know in what
manner the servant is doing the work for which
he is employed. Under our system of govern
ment every consideration of public policy would
seem to require that the ordinary work OF public
officers should be open to inspection, and the
reason urged by defendants counsel upon the
argument why the sale should not apply to this
particular officer, namely: that considerable
portions OF the abstract records are kept IN pen
Gil and are easily blurred and erased, in reality
but emphasizes the necessity for the rule, for il
such state OF facts exists the public certainly
ought to know It.
But the question is pleaded beyond all contro-
versy in this state by statuatory provision
The law under which these records were re-
CURED by the county, after providing that the
county commissioners may cause to be made or
may purchase tract index or book Of abstracts
declares that thereupon said book shall be kept
in the office of the register of deeds as one Of
the records of such office, chapter 80, general
laws 1871, and chapter A. general laws 1873.
And section 179 OF chapter s, general statutes,
declares: 1.-The register shall exhibit free of
charge, during the hours when his Office is or is
required by law to be open, and of the records
of his Office papers in his official custody to the
inspection OF any person demanding to see the
same"
The one statute declares the book Of abstracts
to be record in the Office of the register of
deeds, the other declares that all records and
papers in the Office OF the register of deeds are
open to the inspection OF any person demanding
to see the same 1t is too plain for argument
that under these provisions plaintiff is entitled to
inspection of these abstract books unless subse-
qucnt legislation has deprived him OF the right.
In 1872 the act was passed under which defen-
dant holds office. Chapter 1877, page s, Laws
1872. This act authorizes the board of county
commissioners of Ramsey county 10 appoint ian
abstract clerk who shall hold Office during the
pleasure OF said board, and it provides that he
shall take an oath and give bond TO the state OF
Minnesota to faithfully perform the duties Of his
office. His duties are defined as follows:
at shall be the duty of said clerk to do and
perform all acts required OF him by said board Of
county commissioners pertaining to the duties of
his office, and shall also make out under his GER
tifcate and deliver to any person requesting the
same full and perfect abstract OF the title TO
any real property in the county Of Ramsey, to-
gether with all liens, membranes, investments.
judgments and taxes in any manner affecting
such title as the same appears of record file
in the office of the register of deeds clerk Of the
district court, county auditor and judge OF pro-
bate, and for that purpose shall have free access
without charge or expense at all times to all
books, public records or II bers in the offices of
the register of deeds, clerk OF district court,
county auditor and judge of probate The said
clerk shall be paid for abstracts such sum as the
board of county commissioners shall authorize
him TO receive, not to exceed fifteen cents for
each transfer. 1t is also provided that said clerk
| shall receive such pay or compensation as the
/ hos ri mn dot moi pNraadinp -
| annum; that he shall make monthly reports OF
| the fees received, aud shall retain such fees or
pay them into the court treasury monthly, as the
| board may determine.
Section OF the act declares: ''The register
of deeds OF Ramsey county shall furnish free &C
OF records and papers therein, and dest
room to auy person or persons
that the said board OF commissioners may at any
| time employ or appoint to make or revise tract
| indexes, abstract books, and for any other pup
| pose the board may deem necessary, and to af
ford sll reasonable facilities and information 70
aid such person or persons in the discharge Of
1 the duties Of their appointment"
Section is as follows: Whenever said board
shall have appointed said clerk, then and from
/ that date the register of deeds is hereby prohib
! tied from having or keeping any abstract book OF
work OF indexes 1rhich DO not belong TO the county
| Of Ramsey and are pirate properly, in the Office
OF the register Of deeds, nor shall said register
authorize or permit any other person 10 keep oil
have any priCGte abstract book or indexes in sale
| registers Office This in words or substance
comprises the entire act, and there is nothing II
! its provisions which either In terms or by impli
cation repels those provisions of the genera
statute before referred TO, by which the abstract
books are made records Of the register of deed
| Office, and are declared 10 be open to inspection
/ There is but one duty specih-
cally enjoined upon the abstract clerE
by this act aside from the duty OF &c