The Mankato free press. [volume] (Mankato, Blue Earth County, Minn.) 1879-1924, 1899-03-03
COULDN'T AGREE.
Attorneys Discuss the Munich
pal Court Act.
Secrets of the Profession Given AWAY
During Lively Meeting This
Forenoon.

calendar in the municipal court We'd
nesday, the attorneys considered the
report of the committee appointed two
weeks ago to suggest amendments to
the municipal court act This com
mittee consisted Of w. L. Comstock, H.
L. Schmitt and A. E. Clark. There
was quite gathering of the members
OF the bar, although some of the lead
ing members were absent on account of
work IN the district court.
Mr.. Schmitt was elected chairman
and G. o. Daley secretary.
Mr.. Schmitt reported that the COM
mittee recommended that legislation be
secured so that appeals may be taken
from the municipal court to the district
court In all cases the same as in justice
courts He said that this is also being
agltated in st. Paul. He favored a
general act to apply to cities of from
5000 to $4,000 population, leaving it
optional with councils to adopt the
change. Other changes might also be
desirable, such as making jury fees 81,
as in justice courts If anything was
to be done it must be done at once.
| J. A. Flittie moved that the recon-
mendations of the committee be
adopted.
w. E. Young opposed haste. He fav-
ored the right of appeal to the district
court in criminal cases, and would
favor it in civil cases where more than
500 or $500 was involved If an ap-
peal could be taken in every case, he
said that there would be no need for a
municipal court, as justice court
would do just as we'll. He did not
think that the people of the city would
favor the resolution.
| w. B. Torrey thought that the same
principle as suggested by Mr.. Young for
criminal cases ought to apply to civil
cases. If any court in the world is the
peoples court it is the municipal court.
If it lis the poor mans court, it seems
great injustice that he has no right of
appeal except to the supreme court.
Still, he felt that limit should be fixed,
and would place it at $50.
Mr.. Young thought that that would
mean justice court, and if so, what
was the use of going to the the expense
of maintaining judge and clerk? A
lawyer could not be induced to do the
work for the fees which Justice re-
ceives
Mr.. Daley favored the absolute right
of appeal to the district court. A liti-
CANT in Mankato should have the same
rights as one at st. Clair. He did not
want to give too much power to judge,
who was as apt to be prejudiced as a
justice is. The Office is dragged into
politics. The fact that people had the
right to appeal did not signify that they
would always do so.
| Mr.. Young: Does not one side or
the other always think that he does not
get justice?"
| AuA. lCpllCu bH1S
was SO, but the municipal judge is sup
posed to be more experienced than a
country justice. Little suits are just as
| important in their way as big ones. and
the man with $40 at stake should have
just as many rights as the man with
81, 900 at stake. 1t is an injustice to re
| c,,,o11 lifinontc fo oo 70 tho ov.
pense of appe aling to the supreme court.
J. Fl. Long suggested that the report
of the committee be adopted and that
the committee be authorized to draw up
a bill and report as soon as convenient
and that the attorneys then get together
again and see whether they can agree
on it.
Mr.. Young said that the matter of
change of venue ought to be considered,
also. If the court was to be made a
justice court. they might as will go the
whole length.
| w. r. Geddes said that it is practically
a Justice court now 1t was munic-
ipal court in order to keep records. He
did not think that the people of Man
kato would think for d moment of
abolishing the municipal court and 60
ing back to justice court. He would
draw the line in favor of the small
cases, and favored the right of appeal
in all cases.
A R. Pau, Jr. said that the munich
| pal court relieved the district court of
many cases. A jury could be had in
the municipal court as well as in the
district court. He doubted whether
the people of the city would ratify such
measure as proposed, as it would
| make the court justice court. 1t had
been assumed that only the poor man
| wanted the right to appeal, but it would
work both ways, and often to the detri
ment of the poor man. The rich man
could appeal as we'll as the poor man,
and could drag the poor man into the
t he district court at a cost OF $40 or 500
The trouble is that the municipal court
does not have stenographer
Mr.. Daley said that in looking over