The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1899-03-05
LETTERSpraRo1pM1rz.n'.e4
MUNICIPAL COURT BILL.


To The St Paul Globe:
AS there appears to be some confusion In
the pubic mind to the purpose and effect
of the bill recently introduced In the legis-
lature to deprive the municipal court of
this city of civil Jurisdiction, L have been
requested by some Of the parties at whose
instance I prepared the proposed law, to
make statement showing the present con-
dition Of matters relating to the administra-
ton of Justice in Ramsey county. and how
1t is hoped to- improve 1t.
1t must be borne In mind that the laws
now so severely condemned) under which the
present number Of judges and officers of our
courts and their salaries were fixed, were
passed during period when st. Paul was
very prosperous. was rapidly increasing in
population and wealth. and real estate yalua-
lions were more than double those Of to-
+ day. To make provision for future that
seemed assured new offices were created, and
salaries increased to what then seemed only
reasonable amounts. Under this impulse the
number of district judges was increased from
three to six. and their salaries were raised
from $500 Per annum to 5000, the county
paying the additional $1,000. The municipal
court was reorganized in 1885, with two
judges with salaries Of $4,000 a. year each, in
place Of one Judge at s.. 800. and two special
Judges at a per diem of So when In actual
service. and corresponding increase in it's
other expenses. and Its civil Jurisdiction was
enlarged from 5000 to $780, The courts thus
recognized were kept busy up to the year
1893, from which date litigation has gradually
decreased. In the district court the num-
Der of civil actions decreased from s. 1856 In
1894 to 3.406 in $685. In the municipal court
there has also been a falling off during the
same period and In tho past year about 400
less cases were brought in that court than
in 1897. The expenses of the municipal court
In 1898 were sl6.s20. and the receipts there
from, according to the city comptrollers re-
port. A7517.50. Of which amount only ST.
? 1860 came from Its civil branch. The ex-
penses of the court were, therefore. within
$S97.5O of its total receipts. The revenue
derived from its criminal branch has also
steadily diminished. having fallen from s2s.-
$50 IN 1893 to $16,O51 In 1898. II the civil
business continues to fan off and the finss
imposed In its criminal branch are not In
creased the court will cease to be- self sup-
porting and become charge on the city
The necessity for retrenehment has been An.
parent for several years and taxpayers have
runsuecessfuNy time and again demanded
some legislation that would materially uehten
'enelr burden. How to readjust matters so
that expenses would be reduced to a reason
able amount under the changed conditions.
and the proper administration of Justice not
interferred with by such readjustment, was a
problem difficult to solve. During the East
four years various methods Of solution. each
naVlng It's own advocates have been dis
cussed, and their adoption urged.
f1rst-Reduce the salaries of the district
Judges to $780, the amount paid other dis
trict judges throughout the state. except in
Hennepin county, where the Judges receive
s4,oeo This would save the county $1,000 a
year. The constitution, however, TART VI.
sec 81 prohibits the reduction of the com,
pensation of a district Judge during his con-
tinuance in Office
Secend-Reduce the number of district
judges. to four by the passage. of a law TO
go into effect at the end of the term of two
OF the present judges. This would reduce the
expenses of the district court $4,000. but
would save the county only SO, OOO This prop
osit1on as well as the first one, met with on
positlon on the part of the bar of this city
anu the general opinion, among lawyers at
ieast: Is that the present organization of the
district court should not be disturbed
Third-Abolsh the four iustices Of III.
peace in the city of st. Paul SO that ali
actions involving less than 500 will he
pIougnt IN the municipal court, and amend
Irla-s may be had in that court as in thu
district court on payment of SO instead of
sl4.oo, as is required now. the county to bear
objections to this plan, aside from the nues
ton as to the power of the legislature to thus
unit me number of justices of the peace in
county since the adoption of the const;tn
tional amendment of 1892 Drohihtting ~
passage or special laws regulating the now
peace" '' Vi inc
1. AS one Of the two Judges in tha mn
nic1pal court is practically engaged in its
criminal branch every day only one Judge is
left to handle the civil cases and he eor'J
100
would thus be added to the 800 cases which
are now annually brought in the munIcipaI
court The services of at least one new Judge
would be required.
2. Ii jury trials were allowed as in
the district court, of the 2.1OO cases annually
Drought IN the municipal court large ma
)ority would, undoubtedly, be tried by Jury
ana, even with a jury fee of 81 a day an
enormous additional expense would be i'm
posed on the taxpayers Of the county, who
for years have been demanding retrenchment
In county expenditures
Fourth-Reduce the salaries of the Judges.
clerks and other employees of the municipal
court to proper figure, provide for jury
trials as above suggested, and make certain
changes In matters Of practice. The objection
to this is that the expense of the Juries pro-
vioed FOR would amount to a great deal more
ton IN salaries
Fffth-Create new municipal court having
CRIMINAL Jurisdiction only, with one Judge
ana TWO special judges to act in emergen-
c1es at per diem compensation reduce tbe
clerical force and pace salaries at reason
able amounts
ny this pan. which the proposed law is in
tenoed 10 carry out saving of about S. 500
year can be effected and the administration
OF justice In the district court will not be
seriously disturbed OF the SEQ civil cases
tnat are unoer the present system brought in
the municipal court, 1t is estimated that not
10 exceed 450 involving amounts over $50
would go to the district court In that court
they could be tried by jury at a cost of
81 to the parties, and a very SLIGHT add;tionaI
expense to the county under the present iury
system The expense of the Jury in that
court Is practically the same whether tn
jurors are actually engaged in trying cases
or merely waiting in the court rooms mil
their services are required.
AS there are nine terms OF the district court
year only about fifty cases would he sddaS
to the jury calendar each term, and as tba
Term, the calendars would be much lighter
than they were some years ago. when ths
court proved able to dispose of the business
before it satisfactorily
While the jurisdiction of the DISTRICT oo,,r,
Is not dependent upon the amount invoIysd
the provisions of the statute that costs shall
not be allowed a plaintiff 'in an action for
the recovery Of money only upon judg-
bursements on a Judgment for less than $50.
and that defendants costs and disburse-
mentS shall be paid by plaintiff when he
RECEIVERS less than $780, have discouraged ac-
tlons In that court where the amount involved
is less than S100. 1t is proposed to amend the
statute SO as to allow costs and disburse-
ments to plaintiff upon a Judgment in his
IaVor Tor 500 or more but to retain the pro-
vision as to costs and disbursements where
less than $50 Is recovered. This will prac-
lcaily exclude action involving less than $50
from the district court and leave this class
of litigation to the four Justices of the peace
holding courts In this city
1t is further proposed that apeals from
Judgments Of justices of the peace in this