St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1885-11-24
THE TAX.TITLE CASE.

In another column we publish an inter-
esting communication from Judge j. b.
BRIs BIN, relating to the taX-title decision
recently rendered by the supreme court of
Minnesota, and which has created such a
stir in legal circles. Judge BRIsBIN's ar
ticle is fair and Iawyer-like review of the
case and of the decision of the court. 1t
will be observed that while he sustains the
court in its decision he also points out a
remedy by which the harsh features of the
law, as interpreted by the court,
may be remedied. AS is well I'M
derstood among lawyers, it sometimes oc-
ours that case can be so manufactured OF
managed by skillful attorneys as to draw
from a court decision which has the ap-
pearance of constituting law to suit the par
ticular purpose of some specially interested
parties, when, in fact, if the case had been
presented in different form, more liberal
Interpretation could have been had. Judge
BRIsBIN intimates very strongly that in
the management of the case upon which
was not collision, there was the
densest ignorance as to the proper
remedy. 1t is the history of all
states in which delinquent laws are in
force that class of spectators springs up
which deals in tax titles. It is also the history
of these states that more litigation and I'M
certainties concerning land titles originate
from the manipulations of these tax-title
brokers than from all other causes COM
bined. They lobby the legislatures for the
purpose of securing legislation to aid their
schemes, and too frequently with success.
and then they collide with parties to bring
cases before the courts to obtain decisions
which have the appearance of giving all
possible rigidity to the laws which
have been enacted. There is no evil
dence that this was done in the
case recently decided by the supreme court
of this state. Its possibility IS only sug-
gested by the statement of Judge BRIsBIN
that there is much in this case upon which
to infer that it was collusive." The GLOBE
is not prepared to accept this view of the
case without evidence to that effect. 1t is
hardly possible, in a case of so much
consequence, and in the decision of which
the public has SO much involved, that if
there had been collision the fact would
have escaped the attention of the court.
If the court had reason to believe that
there was collision, then it was clearly
the duty of the court, however much
it may have been pressed for time to have
gone out of its way to have ''comprehended
possibilities" and to have discussed the case
in its other bearings, even though they
were ''suppositious and speculative" in
order to have relieved the public mind of
the uneasiness which would naturally fol-
low from the strict interpretations of the
points presented in the case in hand.
The state law authorizes the auditor to
return to the clerk OF the court a list of
land returned delinquent for the non-pay
ment of taxes. In the proceedings to OBJ
tain tax judgment an order of publication
is taken in place of personal service.
This seems to be the most objection
able feature in the present delinquent laws.
1t imposes upon every taxpayer the addi-
tional tax of subscribing to the court official
organ, and of constantly scanning its col
umns to see that his property has not been
returned delinquent. The argument that
equity affords remedy will not avail the
land owner who has been robbed of his
titles if he is not made conscious of the
fact that he is in need of an equitable
remedy. The law ought to be so amended
as to require personal notice to be given to
all residents, and take an order of publica-
ton against non-residents. 1t is probable
that the law should be amended in other
respects. but it is not worth while to
stop to discuss that matter now. The point
is that the decision of the court as it now
stands is to the effect that the purchaser
of tax title can hold againt the rightful
owner, even though that owner had paid
the taxes for which the land was fraudu-
lently returned delinquent. That is the
case as it is presented to the public mind and
as it has been published to the world. The
to all lands in the state. 1t is time, as
Judge BRIsBIN points out so clearly, that a
suit in equity would be the remedy for the
wronged land owner. But suppose
that he was ignorant of the fact
that his title had been gobbled up by some
tax-title shark until in the lapse of time
all his evidences of payment had been lost.
What remedy would equity then afford
him? Suppose he would lose his tax re-
ceipt, as people frequently do, what evil
dence would he have to rebuff the record
evidence of the fact that his land was for
faitad9 The main trouhla with the de-
cison of the court in this case is the effect
it will have in retarding immigration. 1t
will be seized upon by rival states and used
to divert immigration from Minnesota. For
this reason the GLOBE holds that it is the
imperative duty of the governor to call an
extra session of the legislature to correct
the defects in the present law and thus to
publish to the world that land titles are just
as safe in Minnesota as in any other state
of the Union.
NEW