St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1890-06-08
nice POINT OF LAW.
Is the Late Municipal Court
Act Useless in Criminal
Cases ?
A Case Involving It's JuriS-
diction After Entering
Final Judgment.
The Crop and Weather Bulle-
tin Shows a Hopeful State
Of Affairs.
A Woman's Unsuccessful Eff
fort to Shuttle Off on
Rough on Rats.

The first attack upon the municipal
code of this state, as it was framed and
modified in the act of 1889, was made
yesterday afternoon before Judge
Wilkin, in the case of Nick Blair, at
tending at chambers as relator in a
habeas corpus proceedings secured by
A. H. O'Neil, who, with view to test
ing sections 2 and of the act, argued
the point before the senior Judge.
The point raised is fine one. important
in its consequence, and affecting the
powers of the municipal court i'll GRIM
Inal cases to a serious extent. The re-
lator at bar had been arrested on a
charge of stealing COW. He was tried
and convicted, and judgment entered in
his case in the usual form practiced by
the municipal court. A commitment
was duly issued from the judgment
record, and the prisoner, in default OF
his penal fine, was committed to
the warehouses for ninety days.
Now comes Mr.. O'Neill, attorney for
the COW thief, and pleads as an issue.
before the court hearing the writ, that
the municipal court has no power to
issue executions, writS, ETC., Oh any pro-
cess for levy or seizure, after the final
entry of a Judgment granted under its
jurisdiction. The attorneys for the re-
lator submit that commitment remand
ing prisoner to prison is an execution
of the Judgment, and placing upon
the words of the legislative bill
the construction which seems most
reasonable, a commitment is naught else
than an execution in criminal action,
and symbolic of the virtues of an eXecu-
al A
Egan opposed what he thought was
true though more confined interpreta-
ton of the act. He urged that it only
applied to civil actions. The practice
has always been that in civil actions
the municipal court ceases its process
upon the entry of a final judgment.
BY transcript to the district court, the
execution issues from that court,
and liens attach to the prop
erty of the judgment debtor.
Judge Wilkin thought the point was
we'll taken He stated that the inten-
ton of the trainers of the bill was, no
doubt, to apply the form to civil actions
only. Yet there is that ambiguity in it
which reasonably permits of {. different
construction. If the force of the meas
ure divests the municipal court of its
function to commit the prisoners it con-
victs, then it will shortly find itself
in vague state of uncertain
jurisdiction. The district court will
also groan under the incumbrance
of petty criminal processes until
the question is settled on the act
amended. While speedy decision was
urged on both sides, Judge Wilkin,
alive to the graver aspect of the queS-
ton, withholds his decision until to-
morrow at II o'clock. Judge Kelly,
upon hearing of the question, perceived
its commendable quality and impor-
lance. If it requires two district courts,
city and state, to try, convict and in
prison man for vagrancy, or other
petty offenses, then the lawmakers
from Sow Creek county had better not
mince the words and sense of future
additions to municipal laws. Judge
Wilkin will render a decision tO-mor-
row, and should it sustain the point
against the municipal powers, then the
torment will press itself upon the dis
trict court with all the complications
and veXations which will make the trial
of petty criminals insufferable.