St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1895-02-01
Mr.. HERBST KICKS.
He Is Opposed to- Wiping Out
Civil Branch Of Municipal
Court.
SAVES THE COUNTY MONEY.
And Is a Great Convenience
to Litigants in Small
Cases.
SAVES THE COUNTY MONEY.
SUPERIOR TO JUSTICE COURT
The District Court Would Be
OVerpun But for
1t.

II. II. Herbst has sent to the GLOBE
the following letter in opposition to the
proposed wiping out of the CIVIL brahch
of the municipal court:
To the Editor of the GLOBE.
There has been some talk of abolish
ing the civil side of the municipal
court so as to have portion of the
business which goes there now reach
the justice courts, and the balance so
to the district court. The persons who
contemplate this innovation upon the
present system can surely not nave
considered the matter carefully, else
they could not but have seen the lnJurl-
GUS results which would follow such
change Allow me to state a few OF
the benefits which this branch of the
municipal court has conferred upon the
community.
Not to criticise the justice courts too
severely it need only be said that a
court which is dependent for its liveli-
hood upon the business which the
plaintiff brings can hardly do justice
to the defendant. The system of hav-
ing justice of the peace depend upon
fees in the rendering of decisions is a
disgrace to our age, and one of the
main aims in this mode of abolishing
the civil side of the municipal court
is to compel litigants to bring their
troubles to this court of injustice,
as a humorist has aptly termed it.
First-After the municipal court was
remodeled a few years ago, litigants
quickly discovered the advantages of
bringing their suits to a court where
the merits of their claims could be
heard, in the first instance, by a thor
ough lawyer and a judge unbiased by
the needs of a fee, no matter how small
the amount in controversy. The poor
man with his little demands for right
of SIS to $25 could obtain the same ben
eft of learning and justice that a
wealthy corporation that entered the
court with a 81, 600 suit, for it must not
be forgotten that the few dollars of
the one is more to him than the thous-
and to the wealthy. AS a result the
justice of the peace, who before this
Scraped in for fees $1,000 a year and
over, is now content with about 81, 600.
Second-In 1894 there were entered $3.50
civil cases in the district court of Ram
Sey county. OF these, 900 were tram
scripts from the municipal court, leav-
ing 2,190 original cases entered upon
the books of the district court. The
average expense of each suit was
9Gi.fU. DtItiS9 TIC SdHlc year there
Were entered on the books Of the mU-
nicipal court 2079 civil cases. Had
there been no municipal court per-
haps 500 of these cases would have
been commenced in the justices courts,
leaving 1879 cases to flood the rec
ords of the district court, with about
LOCO of them to go on the calendar for
trial This would have made, at the
lowest estimate, over $50 900 additional
cost to the taxpayers. of Ramsey zcoun-
ty, not counting the cases that would
come up by appeal from the justice
courts, which now go the municipal
court. When it is remembered that the
total cost of running, the civil side of
the municipal court was only $500 for
1894, and that from. this must be de-
Quoted receipts of $3,11S, leaving only
about 81, 400 net cost, it shows that the
municipal court saves to the county
over $25,Q09 yearly.
Third-The municipal court has a
term every week and is open for bust
ness every secular day of the year, and
suits can be and are disposed Of in
less than one-half the time that they
can be disposed of in the district court
"a benefit of inestimable value to
litigants-and at less expense than in
the justice courts.
Fourth-If there were no civil branch
of the municipal court, it would cost
nearly as much to run the criminal
branch alone as it now costs to run
both branches, at least very little could
be saved. There would have to be an
other judge to relieve the criminal
judge in case of sickness or other un-
avoidable absence, at a salary of, say,
$3.50, and possibly a court stenog-
rapher and assistant deputy, as the
present court stenographer and deputy
are of constant need and assistance to
the criminal branch of the court. The
practice of having a substitute judge at
$40 day where the chief judge goes off
the bench frequently for the only rea-
son of giving his $40 assistant an OPP
portunity for replenishing his eX-
hauSted eXchequer is hardly Satisfac-
tory. Then, too, litigants prefer to
try their cases before a regularly ap-
pointed judge, and not before one of
inferior ability, as a substitute natur-
ally must be. So it can be seen that not
only is the civil branch of this court
self-supporting and of no charge to the
county. but it actually saves the tax
payers nearly 100000 year by with
drawing about 1850 cases from the
district court.
Every one recognizes the superior
merit of our district court, and the care
and thoroughness with which decisions
are rendered in that court, but this
could not be the case if 1,50O more cases
were flooded into that court every
year. many of them trifling and in
significant. AS it now is, in disputes OF
over 500 no one is compelled to resort
to the municipal court if he does not
desire to do SO, but the fact that SO
many suits are brought in the NUM-
cipal court proves the popularity in
which that court is held by the bar and
public.
Much more might be said in favor
of that SJurt, but l think enough has
been said to show the righteousness,
to say the least, of attempting to dc
away with this useful adjunct of the
judiciary.