St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1893-03-16

January next the supreme court will
pass out of the control of the Republic
an party, and naturally may be eXpecte
to be the bulwark of the people against
the tyranny of trusts aud corporate in
terests. The Republican party has been
very much concerned over that court,
and the air has been filed with rumors
of schemes to use all partisan power to
thwart the will of the people and con-
troll the court. When the Greer bill was
introduced it was received with SignIf-
lcant silence by the Republican press,
but the question was at once asked in
other circles: What may this mean?'
1t is generally believed that the bill is
simply for the purpose of providing for
the appointment of two additional
judges of the supreme court by the gov
ernOr. The claim will be made that the
supreme court is crowded with business
and some relief is necessary; then it
will be suggested that the most direct
way would be to increase the number of
judges; then substitute will be intro
duced providing for two additional
judges, 10 be named by the governor.
and the job will be accomplished. That
The fact is that the supreme court is
not behind with its work, and there is
no occasion to facihtpte business or eX-
pedite litigation by any such measure.
Discussed by Attorneys.
Hon. William p. Warner, Hon. Samuel
j. r. Mcmillan. Hon. II. N. Setter. of
Saltwater, William S. Moore and one or
two other prominent lawyers were sit
ting around the counsel table in Judge
BrilPS court during short intermiSSion
yesterday, when a GLOBE reporter
asked for views on the bill. None of
the gentlemen knew anything more
of the provisions than might be
implied by general statement that
such bill had been introduced.
All were disposed to regard the meas
ure as being of no practical benefit and
as scarcely being necessary in view of
, the fact that the supreme court is up
with its work. Mr.. Warner suggested
| that the bill might be unconstitutional.
or if constitutional imperative in so Ear
as it might relieve the supreme court of
pressure of business. At his suggeS-
| ton Judge Mcmillan opened a copy of
the Revised Statutes and turned to the
constitution. The provisions relating
to the subject matter are found in ar
| ticle and were read. The portions OF
| the article governing are as follows:
THE Judicial power of the state shall be
| vested III q supreme court, district courts
courts of probate, justices of the peace and
! such other courts, inferior to the supreme
court. as the legislature may from time to
| time establish by two thirds vote
| The supreme court shall have appellate jurls-
diction i'll all cases, both in law and i'll
| equity"
Now" said Mr.. Warner. cit will re-
| quire a constitutional amendment to
relieve the supreme court of cases that
! may be appealed, as the constitution
gives an appeal in all cases. L think
attachment and injunction cases ought
| to stop with the district court, and the
! burdens of the supreme court might be
| IesSened by reforming the rules of court
as embraced in chapter Sc of the Gen
| eral Statutes of Minnesota. which pro-
vides for APP peals in minor matters and
preliminary orders arising in civil
| cases."
All the other attorneys present con-
Cured in the views of Mr.. Warner.
| Il. n. Setter, venerable gray-haired
lawyer of Saltwater, took interest In
! the discussion, and declared that he
saw no wisdom in bill which seeks to
] establish an intermediate court of ap-
peals.
Judge Mcmillan did not say much.
but conceded with the view that it
would require a constitutional amend
ment to accomplish measure designed
10 relieve the supreme court.
The True Inwardness.
William S. Moore declared that the
proposed bill is utterly useless, and is
designed to make more offices. or in
tended as feeler that was gotten up as
n nnfn fnr In
sage of bill to increase the number of
| judges on the supreme bench, and is
! designed by Republicans to give the
governor an opportunity to name two
Republican judges OH the supreme
| bench to counteract the effect of the
election of two Democrats to that bench.
He said that the proposed inter-
mediate court is a counterpart TO the
| intermediate court established in New
York, which has proven to be utterly
worthless and has tended to multiply
litigation. The court, If constituted,
would prove to be farce. He said that
the supreme court is up with its busi-
ness. At this point the bailiff called
court to order and the attorneys were
soon immersed in the intricasies OF the
case of Horton, as receiver of Walker,
Judd & VeaZie, against Austin p. jerks,
as assign ee, which was being tried be-
fore Judge Brill.
Henry c. James said that he does not
| favor another court through which cases
| may go to the supreme dOuTt, but would
| favor some provision that would give
the supreme court more time to devote
to the cases that 90 to it. While it is
true that the supreme court is up with
its calendar, yet the court takes pride
| in keeping up with its work. 1t would
be well if the court could take more
time to write its decisions and to ex-
anime into intricate questions before
dlsposing of them.
| j. T. Avery said that a scheme might
be devised to save printing records and
! the saving of expenses in carrying cases
| to higher court, but he fears that the
| bill proposed is designed to make more
| Judges and not reach an end desired by
| lawyers.
John ID. O'Bfien declared that there
is no need for such bill. He said that
the supreme court is up with its work,
and the creating of an intermediate
court is not needed. neither would the
appointment of more judges facilitate
| matters in case all the judges invest-
gate a case before asserting to an
| opinion.
| COLOR LINE DRAWN.
| McGhee Sore Over His Rejection
I