St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1896-02-06
is TAKING ALL THE BUSINESS
HOLDS COURT IN THE CITY WHEN
HE SHOULD Do SO AT THE
PARK.
Allows Him to Hold Court Any
where in Ramsey County, Judge
Orr to the Contrary.

says that Justice of the Peace j. r.
Blackwell is hurting his, Rodgers, bust
ness by trying cases in the latters dis
trict, whereas Justice Blackwell's dis
trict comprises the Tenth and Eleventh
wards. Justice Rodger has an office on
the West side of Wabasha street, be-
tween Fourth and Fifth streets. His
district includes all that portion Of the
city next to Wabasha street, so he says,
and his jurisdiction is co-extensive with
the county On any spot of ground
west of WabaSha street. Justice Rodger
can try case, provided the litigants
are residents Of Ramsey county. East
of WabaSha street, Justice of the Peace
Frederick Nelson enjoys corresponding
rights.
Justices Rodger and Nelson are both
Industrious well-meaning men, who en-
deavor to the best of their ability to
mete out justice to the litigants who
bring their troubles before them for adj
Justment In fact, they rather enjoy
the exercise of their judicial duties.
Hence their dissatisfaction with the ex-
listing state of things.
There is justice of the peace who
has an office in the Washburn block,
In room 514. His name is Joseph r.
Blackwell. Justice Blackwells dis
trict comprises the Tenth and Eleventh
wards of the city. The special law
creating his office requires him to hold
court in one or the other of those
wards, or in any adjoining ward I'M
der certain circumstances.
Justice Rodger says that Justice
Blackwell has been taking his bust
ness and that Of Justice Nelson, by
illegally trying cases at his office in the
WaShburn block, instead of at his Of
flee, No 1855 West Minnehaha street.
To substantiate his statement that
Justice Blackwell had no right to hold
court in the Fourth ward, or any other
outside of his district, Justice Rodger
produced a copy of the recent decision
by Judge Orr, Of the municipal court.
Judge Orr rendered the opinion to set
tie a test case instituted by certain
attorneys for the purpose Of ascertain
ing whether Justice Blackwell had jul
risdiction outside of his district
Judge Orr decided that he had not, and
reversed the judgment of Justice
Blackwell. In doing so Judge Orr de-
clared in his memorandum:
Section 1856 of the Statutes of Minnesota
1894, provides that every justice of the
peace shall keep his office in the town, city
may hold his court at any place appointed
by him in q town or ward adjoining the
town or ward in which he resides" This
law was construed by the supreme court in
the case of The State of Minnesota ex rel
Hamilton VS. Marvin. 26th Minnesota 1928.
After briefly stating the construction of the
sion: THE special law says that the justice
OF the peace shall hold his office in either
the Tenth or Eleventh wards and this de-
cison was evidently reached by the legis-
lature with full knowledge of It's signif-
cation, and was worded to limit the ter
ritorial jurisdiction of the justice of the peace
to the Tenth and Eleventh wards. "
Now | maintain" continued Justice Rod
ger, that under that opinion, which / am
confident will be sustained, Justice Blackwell
has no right to hold his court in the Wash
burn block nor anywhere else outside of his
district. You understand how he works the
scheme, don't you? No? Well, I'll tell you
lie makes all his summons and other processes
returnable at his Office, 1856 West Minnehaha
street, but when his constable serves the
papers he gives the parties quiet tip that
they can have their case tried at the Justices
Office in the Washburn block If they prefer
going there instead of to the judges Minneha>
ha street office. Usually they prefer the JUS
tlce's office in the Washburn block. What is
of my legitimate business. So is Justice Mel
son AS for my business, the Office of justice
of the peace has not yielded me an average
of 81 day thus far l tell you 1t isn't right
the way we are being treated
Justice Blackwell was not in Room 514,
Washburn block, when G o b e, reporter
called yesterday afternoon, but he was found
at his headquarters No. 1855 West Minnehaha
street. last evening. When Justice Rodgers
remarks were communicated to him Justice
bldChWel BOOu-HdLureuly, anu re-
Piled
We'll. I must say 1 am rather surprised
to learn that Rodger entertained such an opin-
ion of me. ! always supposed he was my
friend. Well WELL hardly know what to
think"
But how about your trying cases in the
Fourth ward when your district comprises
only the Tenth and Eleventh and the ad
fOh, I can explain that The special law
creating my office gives me jurisdiction all
over Ramsey county. True, 1 am obliged to
hold court within my district If either party
SO wishes | make all process returnable at
my office, 1855 West Minnehaha street. When
the parties or their attorneys appear on the
return day. if both sides are willing that the
case be tried at my office in the city, and so
request, why, l accommodate them. AS
matter of fact, have by consent and request
of the parties tried cases in various law Of
fees in this city,
But Judge Orr says that you cannot hold
court outside of your district, even by con-
sent Of the parties
THAT is merely Judge Orr's opinion" was
Justice Blackwell's only reply 81 differ with
him. / should like to know the views of the
supreme court upon the question. 1t has
already sustained me in several cases.