St. Paul daily globe., 1885-11-21

AN EXTRA SESSION NECESSARY.
Whatever opposition may have. existed to
a call for an extra session of the legislature
will be dissipated when the people come to
understand the effect of the recent decision
of the supreme court of this state in regard
to the sale of land on account of delinquent
taxes. If the supreme court has correctly
interpreted the law relating to delinquent
lands there is not a real estate owner in the
state whose tenure to his land is safe. His
property is completely at the mercy of every
negligent or raScally official who is con-
nected with the execution of the tax laws.
In the decision referred to the supreme
court of Minnesota in effect affirms the title
of purchaser of land advertised for sale on
account of delinquent taxes, even though
the taxes had been regularly paid by the
owner. Such decision. coming as it does
from the highest judicial tribunal in the
state, is well calculated to create alarm
among the people of Minnesota and to excite
serious apprehension for the future welfare
of the state. The Interpretation which the
court has given to the law is surprise to
many of the ablest lawyers OF the state.
The decisions which have heretofore been
rendered by courts relating to tax titles had
not prepared them for the view
which the supreme court of this state has
taken. The theory that has heretofore pre-
vailed in the courts has been that in order
to perfect tax title there must not only
have been an actual forfeiture by reason of
failure to pay the taxes, but that in all the
subsequent proceedings the requirements of
the statute must have been followed to the
minutest detail. Heretofore the dispos-
tion of the courts has been to construe the
laws regarding tax titles with all possible lib
crafty toward the original owner and against
the purchaser under tax title. These
are questions for courts and lawyers to dis
pose of, and the GLOBE does not propose to
attempt criticism of the supreme court or
its decision in this case. We feel free, how
ever to indorse the views expressed by Judge
BERRY in his dissenting opinion, when he
says: I'm my opinion, under fair construc-
ton of the tax law Chapter II. General
Statutes 1879. and especially of section 73,
we are not required to hold that the district
court is invested with jurisdiction to enforce
a tax, which having been paid is not delin-
quent Even if it be competent (Which |
doubt for the legislature to confer, or the
court to exercise, any such jurisdiction (espe-
cially upon mere constructive notice., l think
the gross injustice which will certainly re-
suit ought to make this court slow to sustain
any such assumed jurisdiction unless abso-
lutely compelled so to do by the explicit
language of the statute"
While it is not our purpose to review the
decision which has been rendered by the
supreme court, we do propose to say some
thing in reference to its effect. However
correct or erroneous the Interpretation the
court has placed upon the statute, we
recognize the fact that there is no appeal
from it. 1t is the law of the state as inter-
preted by its highest judicial tribunal. The
effect of that law as it is now interpreted is
to jeopardiZe the title to every acre of land
in the state. AS long as that law
remains upon the statute book there
is not citizen of the state of
Minnesota who can feel assured in the pos
session of his home. The roof which he
has constructed for the protection of his
family is liable to be transferred to the pos
session of some rascally confederate of
scoundrelly official, who wilfully returns
the land delinquent, Notwithstanding the
owner has paid his taxes regularly. With
such a law upon our statute books the door
against future immigration is effectually
barred. We cannot consistently invite set
tiers to come among us and invest their
money in our lands when we are in no con-
dition to protect the title to the lands
which they purchase and pay for.
This decision of the supreme court has
precipitated upon the people of the state an
issue of vital Importance. 1t is problem
which no power can solve except the legis-
lature itself. The power which made the
law is the only one now to repeal it. In
consideration of these facts an extra session
of the legislature becomes an absolute
necessity. And the sooner it is called the
better. We cannot be too prompt in re-
moving this horrible deformity from our
statutes and in relieving the people Of the
state from the outrageous injustice which is
inflicted upon them by its presence there.
The life of the state is involved in this
matter, and the GLOBE calls upon the gov
ernor to interpose in behalf of its salvation.