Dakota farmers' leader. (Canton, S.D.) 1890-19??, 1893-12-08
The Farmers Leader
RUDOLPH vs.. HERMAN

Last week the Canton Advocate and
Sioux Valley News and also the LEADER
gave large space to comments on the
above entitled case lately decided by the
supreme court Of the state in favor of the
plaintiff and reversing the judgement of
Judge AikenS. ~ -.
In these comments 1t appears that Mr..
Rudolph himself wrote them, from the
style and the familiarity with the facts.
These comments laud Mr.. Rudolph to the
highest and by inferance cast a reflection
on Judge Akens and Judge Kelam.
Nash sees fit to go farther and give Judge
Aikens, Judge Smith and Judge KellaLl a
slap in the following comments to-wit:
''The supreme court Of this state has in a
Hccsn: decision given the iic oIlphati
cally to the campaign charge that its
members were prone to render decisions
in favor uf rich corporations and against
the common people," ''This decision is
worth more to the unfortunate debtor
class than all the railroad decisions our
supreme court has ever made" The
question Of law involved in this case was
u construction of Sec. $3.50 of the COM
piled laws of this state which is in words
as follows: The purchaser from the time
of the sale until n retention, and re-
demptioner from the time of his redemp;
ton until any other redemption is entitled
to receive from the tenant in possession
the rents OF the property sold or the value
of the use and occupation thereof.
The question at issue in this case was,
was the purchaser under Il foreclosure o.
a mortgage or the mortgagor entitled to
the rents Of the premises during the year
allowed for redemption! In this case Of
1o1, t,p1
has decided that the rents belonged to
are Corson and Bennett and Judge
Kellam dessen,s Nash charges that
these Judges in so deciding have done Il
great thing for the. ''debtor class "
Pray how have they done such a great
thing? The parties before the court WAS
Mr.. Rudolph. an attorney who bought
the lease and Mr., Herman. poor
laboring man. Mr.. Herman IS beaten;
therefore so far as the parties before the
court are concerned, the rich man has
again prevailed. uH.
Does this decision do anything for the
debtor class? 1t is claimed Mr.. kudolph's 8
patriotism melted him to establish the
law. ...s. ..
Last winter the legislature repealed
this statute by the followin: statue.
''That section $3.50 of the compiled laws
of 1887 IS hereby repealed" Approved
Feb. 25th, 1893. This statute having
been repealed before the decision Of the
supreme court it was immaterial to the
people of the state which way the deci-
sion in this case should go. Its only
effect was to give Mr.. Rudolph the rents
instead OF Mr.. Herman. If Judges
Corson and Bennett desired to make Il
record in favor of the people they could
do so in this case and injure no one but
Mr.. Herman. If Nash's comment is fair
then Judges smith, Ailcns and Kcllam.
the supreme court of California and
North Dakota. are in favor of the rich or
have made IL great blunGer on the law.
When the authority OF such iurists are
opposed TO Messrs. Cors0n and Bennett,
the bar of the state at least will await the
appearance of the opinion in full before
complimenting Messrs, Corson and
Bennett.
Mr.. Rudolph modesty claims great
credit for this ruling: he certainly is to
be congratulated on winning his case in
opposition to such respectable authority.
and Mr.. Cloud may feel complmented
on having his decision sustained and
that OF Judge Aikens ovcruled, bat in
giving these parties all the credit they
are entitled to, others have been overlook
ed. The question first came before
Justice James Hattlestad on this same
lease. The question was presented by
Mr. G. B. Kennedy acting as the attorney
for Mr.. Rudolph in company with Mr..
Rudolph. Mr.. Hatles'ad was the first
to hold in harmony with the present
decision of the supreme court and if any
credit must be given. Mr. Hatlestad is
entitled to it and he should feel compli-
mented. The case before Mr.. Cloud
was Il second case on this same lease and
in deciding as he did he only followed