The Minneapolis journal., 1903-03-27
CITY N EWS.
A HOT one FOR SMITH
Judge Pond Goes After Him in.
..,.=. Tax Title De.
ss<' cision.- IA.
The Assistant County Attorney Is
Charged With Discourtesy and
.,sv.*s. Insolence.

1 Judge C. NJ. Pond has filed an inter
esting and important decision in the tax
title cases Of Hicks & Co. and H. r.
Drew vs. James r., Elwell He finds
title properly vested in the plaintiffs, in
sures the county against loss. declares
the disputed tax Judgment sale Of 1892
valid, and incidentally makes several
caustic comments relative to Assistant
County Attorney c. l.. Smiths appearance
and actions during the trial Of the case.
In each of the cases tried in common
plaintiff claimed title under a tax judg-
ment sale for taxes delinquent in 1892.
1t was admitted that the defendant In
each was the owner of the real property in
controversy Games Stnson's~ Boulevard
Addition to Minneapolis) unless ~; title
was divested by the respective tax titles
Of the plaintiff. The defendant attacked
the validity of the titles and thereby Of
the whole 1892 judgment sale and urged
his, contention on seven points. -. ~ &.,
After full ring and careful re-
search and deliberation, Judge Pond holds
that none Of the seven points is we'll
taken and that the tax judgment sale Of
1892 is unassailable Notwithstanding al
legged irregularities in the signing Of the
county commissioners minutes, in the
| filing of affidavits of publication and in
other things. In the case of Hicks & Co.
dI OfueF Ol custer Is mage Wnle IN Lue
other case 1t is refused on account of a
defective notice to redeem and not on yac-
count of the Judgment. which is found
| good. The taxes in each case amount
to about $4,000. 49,.
These cases and others in their class
| have awakened more than ordinary public
| interest on account of claims that under
| the present practice they were being tried
and often decided in favor of the defend
ant without any notice being served upon
the county, vitally interested because
obliged to refund taxes with interest to
victorious defendants. go. .. 4
Comment on Smiths Conduct.
In the trial Of the actions just decided
| Assistant County Attorney c. l.. Smith
was informed of the situation and entered
| Judge Ponds courtroom without delay to
see tina the county's interests were safe
| guarded. He was not, according to his
| statements, allowed proper recognition or
| privileges Judge Pond evidently enter
| tains another view of the matter and con-
| cludes his exhaustive memorandum now
on file in the county clerks officeNas fol-
lows: .-.g 5:s% =
| Nov, in view of the fact that &c, L.
]. Smith; as the legal representative of Hen
| nepin county, interviewed in these cases on
behalf Of the plaintiff in support of the
tax proceedings, but summarily withdrew
| because of an adverse ruling of the court
and then rushed into print. giving false
and misleading reasons therefor it is
| clearly due~to this court and to the county
that the facts stherein be made. at this
4 time a matter Of public record: /
H. When scounsel first appeared ut the
Etrial Of the;cases and moved the court for
1'leaves to Intervene therein for the ppur-
| pose, however, of argument only, the tes-
timony of the parties had closed and the
i legal arguments Of the attorneys therein
were far advanced. After a brief discus
1 sion as to the. time. when he would be
ready to take up his line of argument. his
! motion was granted and sthe. following
| Tuesday morning at 10 o'clock (some four
days thereafter) was fixed as a satisfac
| tory date. The court thereupon directed
the other attorneys and the court reporter
to give to the counsel in the meantime
every access to the records and the tcx-
hibits, and further directed the defend
ants attorney to !. furnish him with a
written Statement of the points he: had
made and relied on. - = - '77S2 -
Discourtesy and lnsolence Charged.
"A few minutes later and at the close
of. the argument of the plaintiffs attor-
ney. the counsel: further moved the court
to reopen the cases for the purpose OF. in
Producing further proof on the issues be-
tween the parties, and at the same time
stated the character of the testimony he
would offer. The court thereupon denied
the motion, giving as a reason therefor
that the evidence was already as: COM
plete as possible, on all the issues in
volved. and to the extent that the pro-
posed proof was not already in the record
,(and it was in to g large extent 1T was
imnateriaL The counsel much disturbed
in feeling at this ruling, then arose and rir,
q. most offensive manner. stated. among
other things: The court has the power
and can be arbitrary If it will. and there"
by work a, great. wrong to the county,
less the cases We're reopened as requested
and additional testimony received. he
would decline to proceed further therein
/ The court repeated it's ruling. giving the
same reasons, and the counsel Immediately
left the courtroom: but soon after re-
turned to the judges chambers and there
attempted to renew the discussion. Here
again he charged the court with exercis
7 ing it's arbitrary power to the great injury
of the county, and although the courts
reasons for its ruling were here explained
and repeated. he totally disregarded then
with angry remarks which were most dis.
courteous and even insolent., -, :.
"But whether this ruling Of the cour,
was In fact right or wrong, is a matter OF
no Importance, though it is fully confirmed
/ by the present decision and findings Of the
court the plain duty ofsthes counsel in re.
spect thereto wa Imperative. 1T was his
| business to- respectfully acquiesce" am
| proceed in the cases. but instead of do
| ing So he immedia tely became ill temperet
| and used, words on each of these; occa
l |. siofs which while not warranting per
llaps his summary discipline. were mos
l ungentle1nan1y and extremely disrespect
full. An attorney who cannot with grac,
and dignity accept the: ruling of the cour
! and take such legal remedy as the lay
: affords. does himself a gross injustice
: breeds >disrespect. for the court, and sig
nallN fails to- properly represent: his client
It should therefore be added that if tn,
for Nv, ft.,;1