The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1897-12-13
Provision INSTEAD OF REVISION.

Provision INSTEAD OF REVISION.
Mr.. Wilcox, of Sunrise, whose letter
appears elsewhere in this paper, is OF
the opinion that the judicial determi-
nation Of the constitutionality Of an act
Of the legislature should be made be-
fore its final approval by the governor
instead of, as now. being reached only
after it has been more or less years in
effect, and after rights have been built
upon it and property interests based
upon it. There are obstacles in the
way Of the suggestion made by our
correspondent in our constitution which
separates the legislative function Of
making laws from the judicial function
of interpreting them. There would
have to be an amendment to the con-
stitution before such extra-judic1ai
duties as these suggested could be con-
ferred upon the judiciary, and even
then it might be that the judges would
decline, resting upon the traditions OF
their office
Each of the houses now has its judi
ciary committee, whose chief function is
to examine and pass upon the constitu-
tionality of the bills. In every legisla-
tUre there are lawyers competent to
perform this duty, and, in fact, 1t Is not
at all infrequent that these committees
report back bill with constitutional
objections to its passage. The main
difficulty is in the Indifference Of the
senate and house to the recommends
tons of their judiciary committees.
They accept or reject their reports as
the whim moves them. If the report
happens to jibe with their inclination
they accept it; If it IS adverse, espe-
ciaIly if some potent influence is behind
the bill, the house or senate sets aside
the report and passes the bill. letting it
run the gauntlet Of the courts. More
ability on the judiciary committees and
more Difference to their opinions by the
legislators would afford an adequate
remedy.
AS to the specific case instanced by
Mr.. Wilcox, the fault, If any, lies be-
tween the tax laws and the courts that
construe them and pass upon their exc
cution. The severity of the law, abso-
lutely FORGETTING all rights in land for
the delinquency in the payment of a
fraction Of their value imposed as
tax, inclines courts to give to the law
and the proceedings under it strict
construction. The consequence Is that
1t is very rare in this state that tax
title is upheld. In Wisconsin, some
years ago. the supreme court took the
other view. It was not it's province
to hold the law harsh and temper its
severity Tax titles were upheld where
the limitation had expired, and a tax
deed is as good there as the warranty
from the fee owner.
There is a natural sense Of wrong
in the mind Of the man who, resting on
the assurance Of the state that it con-
veys the title in fee, Is ousted by judg-
ment Of court based on some defective
act Of a ministerial officer. But in
practice it is found that the betterment
acts Of the state make it very unprofit-
able for these title sharks to attempt
to speculate on the occupant by buying
in the original fee title. The occupying
claimant can set up the value Of all
the improvements made upon the land
by him under the color of title given by
his tax certificate, and local juries are
not given to underv aluing the improve
ments. If title is found for the plaintiff,
the value of those Improvements must
be paid before the occupant can be
evicted. His purchase money and
taxes, with interest, are refunded him
by the state In addition to this, if he
has been in the open, notorious and
adverse possession of the land under his
tax title for fifteen years, all actions
for recovery, except under some 'spe-
cial conditions, are barred.