St. Paul daily globe., 1890-02-02
AN ATTORNEY YhSTRAY
In the Matter Of the Change
In the Municipal Court
Law.
County Officers Correct His
Statements as the Direct
Result. t5
Chief Clark Sums Up the Po-
lice Situation In His e
Report. 40
A Note Executed on Sunday
Is Valid Under Our 6
Law. 80

'The attorney quoted in this morn
ing's GLOBE relative to the municipal
court bill,'' said prominent attorney
yesterday, twas very long on eloquence
and remarkably short on facts. He not
only mistakes very many facts, but does
injustice to the clerk of the district
court and the sheriff of the county.
There is no doubt that from legal or
economic standpoint the change in the
law was bad one, but not in the sense
in which the attorney quoted referred
to. 1t leaves the municipal court no.
worse than 1t was before, while the pro-
visions in regard to the district court
are positive detriment. in the minds of
many attorneys"
r. L. OConnOr, clerk of the district
court, was found in his Office yesterday
afternoon. He smiled grilmy when the
subject was alluded to.
whoever that attorney was." he re-
marked, "he evidently was not con-
verSant with the facts. Whatever may
be his views with regard to the enforce
ment of is processes by the municipal
court, he certainly knows nothing of the
effect upon the fee receipts of my
Off ce.''
.'Do you lose or gain by the change?'T
81 have gone over the books care
fully since the publication, and find
that l am net loser of at least $4,000 a
year by the change. BY the recording
of transcripts and executions from the.
municipal court my office gains
not to exceed 5000 a year. while
the loss of business going to the mumc-ii
pal court will amount to at least $4,000.
year. This can be easily explained
When the jurisdiction of the municipal;
court was increased from $500 to $500
the natural result was to carry in there
many cases in which the district court
had, before then, exclusive juriSdic-
ton. Many of these caS'.s went there
from choice and others from neeesSitv.
The necessity was made by the change
from four terms year to nine. The re-,
suit was to so crowd our calendars from
term TO term that numerous cases We're
taken to the municipal court merely to
expedite them. The loss of this busi-.
ness to my office, as l say, will amount.
to about 800 a year, while l get about
5000 more from the municipal court.
The municipal court, you understand,
never could enforce its own pro-
cesses as against real estate
and transcripts Of judgments.
always did have TO be filed in the dis
trict court to make them liens on real
estate. Now, have had my books for
1889 carefully gone over to ascertain
just what business / got from the NUM-
clpal court, and here it is: Transcripts,
COB at so cents each, S3O1.50; executions
issued, 1927, at 81 each, 1927, making.
a total of $62S.50. Of this total, at least
two-thirds would have come in under
the old law. so get about $500 extra.
There is the entire case.'
With regard to the sheriff's interest,
it may be said that he now makes the
executions formally made by bailiff,
and that the change makes no difference
with the city treasury. Attorneys say
they prefer to have these executions
made by a responsible and bonded Of
fetal and are pleased with that portion
of the change. The statement made by
the attorney in yesterdays GLOBE that
the amounts of the fees were taken from
the city treasury and put IN the pockets
of county officials, is entirely without
foundation, but the fact is that the cost
to the litigant is precisely the same.