St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1895-01-29
HOUSE SESSION.
DIR. Zier Offers u Bill to Create
an Appellate Court.


An intermediate appellate court is
to be created by bill introduced by DR..
Tier. OF Hennepin county. The court
is to consist of one chief justice and two
associate justices. and shall have clerk
and such deputy clerks as the clerk
may appoint. The court shall be held
n St. Paul, there being three terms in
each year.
There shall be appeals from the lower
courts to the proposed court in all cases
where appeal now lies to The supreme
court, and also from municipal courts.
except that appeals to this court shall
not be had in the following cases.
namely:
First = Where the amount in con-
trGversy exceeds $1,000 or the title to
real estate is involved and the appeal is
taken from final Judgment, from an
order denying motion for new trial,
from all order which determines the
action and prevents judgment from
which an appeal might be taken.l
Second-Where the appeal is taken
from an order sustaining OF everything
a demurrer, one of the grounds being
that the pleading does not state sufficient
facts and the amount involved exceeds
81, 600.
Third Appeals in proceedings of
mandamus, habeas corpus. quo war
ranto or to try the title to office.
Fourth-Appeals in felony cases.
In all the excepted cases appeals shall
be taken as heretofore 10 the supreme
court. -r
In case of dispute as to which court
ba oil 10 Ii ttFt
shall decide 20 which appeilats court to
send the case.
The appellate court shall have eoneurs
rent original Jurisdiction with the SUI
preme.court to issue Writs OF mandamus,
quo Warranto and habeas corpus, and
certiorari and prohibition proceedings.
The appeals in this court may be
heard upon typewriter or printed
paper books and briefs. Decisions by
the court shall be III writing and pub
lished in book form. The clerk shall
Immediately after decision furnish
free TO publishers of daily papers in st.
Paul, Minneapolis and Duluth copies of
the syllabi of decisions.
The judges shall be elected for six
years. and the clerk for four years. be-
ginning on Jan. l. The first term of
court shall be held not later than Sept.
l, 1895. The first judges shall De ap-
pointed by the governor, and shall! be
learned in the law. The salaries of
judges shall be 81, 500, and of the clerk
81, COO per annum.
In case any of the judges of the APP
pellate court shall be disqualified from
sitting in any case, the governor or lieu
tenant governor may designate district
judgesto sit IN the place OF disQuaii-
fed judge.
No appeal shall be had from this
court TO the supreme court, except in
cases mentioned.
New Bills.
81. T. No. 134, introduced by Mr..
Staples, provides for annually pu5iish-
ing by the state printer of $500 copies
of the proceedings of the State Educa-
tional association. Referred to commit
tee on appropriations.
81. f. No. 1876, introduced by Mr..
Downs and referred to the judiciary
committee, relates 10 the descent and
distribution of estates of adopted chill
dren. The bill provides that an estate
coming from adopted parents Or their
relatives shall go at the death of the
adopted person to the relatives accord
ing to adoption. Estates coming froEl
the blood relatives shall descend to
blood relatives of the adopted persons.
Il. F. No. 136. introduced by Dr.. Ro-
billiard. and referred at his request TO
q special committe G on crimes and their
punishment, provides that any person
twice convicted of drunkenness i'll any
court shall be declared by the court to
be an inebriate. and shall be sent to the
Rochester inebriate asylum for term
of six weeks.
II n MT = IT.
and referred to the Judiciary committee,
provides for creating an intermediate
appellate court.
II. L. No. 136, introduced by Mr.. Tall
man, and referred to the committee on
labor and labor legislation, provides for
amendments TO the law relative TO union
labels and trademarks; chapter "a Of
the Laws Of 1883 is to be amended so that
a forgery of union label shall be pun
lShed by fine not exceeding Sf00, OR
Imprisonment not exceeding three
months
The speaker announced the following
clerical appointments: D. M. Scribner
clerk and Miss Cora Wing assistant
clerk Of the judiciary COMMITTEES; w.
2. Snow. clerk Of the committee on
public accounts; John Herring, clerk of
the enrolling committee.
4Hc COuIulLtGC Oh GHgIOSSm6HL. re-
ported the engrossment of 81. f. No. 81.
Against Pooling.
The house then took recess until II
a. IN. at which time it took up for con-
sideration the special order of the day,
being
S. F. No. 37-A joint resolution re-
lating to the railroad pooling bill. This
is the resolution offered by Senator Day
and passed in the senate pertaining to
the Patterson bill pending in congress.
Mr.. Jacobson moved the adoption of
the joint resolution. and sent to the
clerks desk a decision Of Judge Cald-
well, of the federal court, which he
asked to be read 10 show the scope OF
the Patterson pooling bill.
Speaking OH the motion. Mr.. Jacob
sen spoke of the iniquity OF the Patter-
son bill and of the advantage gained
by railroads in the interstate commerce
act. He said that the railroads have Sc
cured the repeal of all features of the
interstate commerce bill except the one
that gives railroads The right to call
upon troops to enforce its orders.
Mr. Dol cnid hot hs,, , 4 H. \