The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1898-10-06

the county treasurer from paying the
same, alleging that the special law OF
1887 fixing the $1,000 extra compensa-
ton was unconstitutional. On defend
ants demurrer to the complaint the case
was heard in special term, last Satur-
day. Judge Searle, of the Seventh
judicial district, was delegated by the
governor to hear the case, inasmuch
as the judges Of Ramsey county could
not consistently try their own case
Plaintiff was represented by A R.
Capehart, while George B. Young, F.
W. III. Cutcheon and T. R. Palmer ap-
peared for the defendants.
AT the hearing Attorney Capehart
argued that the constitution of the
state Of Minnesota required all taxes
to be practically equal, and especially
when the money is Devoted to public
purposes. He held that the district
court was part of the state govern
ment, the same as the legislative and
executive departments Of the state gov
eminent. The judges Of the district
court, he maintained, were state off,
GERS, and as such, 1t was the duty Of
the state to pay their salaries and not
| to impose any part of the compensa-
ton on the county.
Judge Vow = te!!itleS mat the law
was constitutional on the ground
| that the legislature has the power to
apportion taxes according to the benz
fits to the community wherein the tax
, Is imposed. The legislature, he claim
ed, was the exclusive judge Of the Ques-
ton Of local benefits, and the appor-
tiOnment of taxes. AS the legislature
had determined that Ramsey county
had received the special benefits the
judges were therefore entitled to the
extra compensation. In his review Of
the case Judge Sear1e says
EXERCISE OF JUDICIAL POWER.
The power to declare legislative enactme t5s
unconstitutional is one which a court ought
never to exercise except in a very clear case
This is especially true in a case VIII re a
law is claimed to be in conflict with any lin
itations upon the legislative power of taxa
toh. Whlle equality, as near may be, s
| required In the distribution of public bur
means to be used under this rule must, ney-
! ertheless be largely left to the d!scr, ton of
the legislative branch Of the government. Alb
solute equality Is neither required nor prac-
| ticable. The legislature cannot be tied down
TO any narrow or technical rule. True they
| nave no right to impose a burden exclusive
! ~ upon one section of the state for the ex-
elusive benefit OF another section. But with
! IN reasonable limits they must neces sari.y be
allowed large discretion in determining both
what shall be public burden and what dis
| decision may ultimately or indirectly re II
| In certain degree of inequality in the dis
tribution of public burdens wi not wsrrln.
! court in holding their acts unconst tut onal
| If so strict a rule were to obtain 1t would
| be absolutely impossible to frame any law
! TO raise public revenue that won s and the
test Many OF the legislative ap2ro a Ions
OF money out Of the state treasury co c el
from the state at large, are made for tn :
more especial beneht of a particular section
| Inc same is true Of many expenditures By
| counties and other municipal divisions of tn
! state. This results, to a certain extent il. an
unequal distribution of pubic burdens and in
inequality of taxation. But who would claim
| unconstitutional?
1t is fundamental, that law, particularly
| a law directing levy of taxes, must be
G Gy IN connect with the cons titution to b.
declared unconstitutional and this is osoec:al-
| ly true when such questions are submit. ed
to the Nisi Prius courts.
The constitution of this state, sec ion 6, ar
| ucle 3, provides that the judges Of the su-
| preme and district courts shall re-
ce1Ve such compensation at stated times as
may be prescribed by the legislature >
| but they shall receive no other fee or reward
| for their services. Section l. Of chapter S. O.
| the General Laws of 1881 fixed the sala,y of
the judges of the district court at So 800 per
| 1887. the judges Of Ramsey county were a.
| lowed 81, 500 annually as additional comp snsa-
| tion The constitution does not limit the
| amount to be paid to the judges or rEqu re-
that their salaries shall be equal They shall
| receive such compensation as may be pie
| scribed by the legislature.
The state is divided into judicial dis'rcs
and the county of Ramsey constitutes tn :
| Second judicial district. In each distr:c; one
or more judges are elected by the votes of
the district alone. Under the constitution it
| ture to impose the entire cost Of
! administering justice In each district, includ-
ing the salaries of the judges, upon such
| district, and it would be equally oompetent
| for the legislature to provide, as 1t has done
| In many cases for more judges in one district
than in another, and to fix a higher salary in