St. Paul daily globe., 1885-11-21
THE LAW ON TAX TITLES.
A Deal ofInterest in Recent Supreme
Court Decision.
Prominent Attorneys Say the Law
Should be Changed.

Should be Changed.
The recent decision of the supreme court
in the case of Charles Chauncy vs.. Cordelia
Wass, appealed from the court Of st. Louis
county, in case involving the validity of
title to land purchased at tax sales, has
stirred up good deal Of talk among attor-
neys and real estate men. The case in
volved the question of whether or not II a
tax upon real property has been paid, a
subsequent judgment and sale for the tax is
rendered void. The supreme court held
that the sale is valid, affirming the order OF
the lower court, although Judge Berry dis
sented and filed an opinion recOunting what
he thought former wrong decision. The
law in question is found in chapter 2 OF the
general statutes of 1878. The decision
says practically that if property
holder should pay his taxes, and ii then
through the carelessness or neglect OF the
county auditor, the taxes should be declared
delinquent and the land should be sold for
them, the purchaser would have as clear a
title to the property as can be obtained un-
der any tax title. The property owner has
no redress. The auditor is practically
given permission to sell any property,
whether taxes are paid or not and the title
will hold good, unless the owner can prove
the payment Of the taxes to the court be-
fore Judgment is issued. Naturally the
real estate men are considerably worked up.
and as the highest tribunal Of the state has
given this as the true meaning of the law,
many have said thai if for nothing else. an
extra session of the legislature should be
called early, to change the law. Following
are opinions given by prominent attorneys,
to representatives OF the GLOBE yesterday.
WHAT THEY SAY.
Hon. j. B. Brisbin-I agree with the dis
sentlng opinion. The decision, While 1t
may be correct legally, is, in my opinion.
wrong from the standpoint of public pol
icy, and on the grounds OF public policy it
ought to be reversed. | would be in favor
of calling meeting of the bar association
TO appeal to the supreme court to reopen
the case for argument. You see it is one
of those cases where the law is so mani
festly overborne by the equity that it would
certainly be the proper thing to do to revise
that decision. There may be many such
pieces of property lying round on which one
Of these tax sales is lying dormant Men
may be resting secure in the fancied possess
sion of their property, and still their claims
be valuless under this decision. AS to call
ing an extra session of the Legislature to
change the law, that would depend on
whether there are enough of these cases to
which it applies to make it worth while.
o. M. Metcalf-The law as it stands is
surely an outrage; but as to calling a spe-
cial session OF the legislature to remedy it.
that is another matter. The next tax-title
sale will occur next May, and it will not be
consummated for three years after that, so
the next regular session will be able to deal
with it in time.
c. N. Bell-Under the law as it now
stands the decision is logical. and do not
see how it could be otherwise; but do not
think it is any cause or reason for special
session of the legislature, for the reason
that the legislature cannot change the law
so as to have any effect on the sales already
made; and the owner of any property here
after sold for taxes has two years in which
to redeem 1t.
G. D. O'Brien-The law amounts to a
robbery. It's taking mans property with
out due process of law, and if were a
member of the legislature I should not hesi-
tate to vote for changing it. But it would
depend on how many of these cases there
are whether it would be advisable to call an
extra session.
John M. Gilman-A similar case was de-
cided once before, and in the same way,
and no one discovered anything remarkable
in it. think it would be useless to call a
special session of the legislature to ameud
the law.
Samuel Appleton-The legislature could
change the law so as to take the power out
of the hands of the auditor. 1t seems as
though there was great deal in Judge
Berry's view Of it. The injustice the people
are allowed to suffer from this law is so
great that something ought to be done. 1t
don't seem that the legislature could have
meant that man could so easily be deprived
of his property. 1t demands
SPECIAL SESSION
of the legislature, and I think one should
be called, if for no other purpose than to
remedy this evil. I fear great deal of
trouble will arise from this state of things
in the spring, when so much property
changes hands. When the matter is noised
abroad it will effect the loaning of money
and the sale of land.
j. J. Egan-I think the decision was an
error. That the district court had no juris-
diction in rendering judgment. The de-
cision is based on technicality, but in ac-
cordance with former decision. But there
was ample room for the court in it's good
sense and Judgment to avoid such GER
tainty as their decision presents. think it
highly advisable that the people should hold
mass meetings and demand that an extra
session of the legislature be held. The sale
and transfer of real estate will be paralyzed
and foreign capital diverted from the state
Incalculable injury is inflicted upon the
state.
w. j. Rodgers think it is an unjust
decision and will effect the state Of Mime
sofa with outside capitalists, unless they
are here to watch their own interests.
think special session of the legislature
should be called to repeal that law. AS a
young state we need money from outside
states and no one will invest if they know
the property will 60 on the whim of the
county officials.
G. K. Davis-I think Judge Berry is
right l have not examined these statutes
very recently, but if there is the least room
for such construction as he gives them
there is no doubt in my mind that that con-
struction ought to be followed. On general
principles law which deprives the cit
izen of his property in a proceeding
in which he is never served with process
and of which he has no notice whatever ex-
cept such as is implied from publication of
real estate descriptions in newspaper
which he never sees ought tc be held void in
cases where the tax has been in fact paid
and where the carelessness or corruption of
an official makes it appear that it has not
been paid. The fact is that this enforce
ment of taxes through quasi judicial pro-
ceedings is though terribly real in the pres
ent case. legal fiction in its conception.
The supreme court of the United States
in what is known as the Hart case, decided
two or three years ago, held that service by
publication was no service. and it held void
a judgment obtained under it. The four
teenth amendment prohibits any state from
depriving any citizen of his property with