The Mankato free press. [volume] (Mankato, Blue Earth County, Minn.) 1879-1924, 1911-08-18

At the meeting of the Blue Earth
County Bar association last evening,
it was voted with considerable unan-
unity to ask the council to pass a
resolution adopting the general mu-
nicipal court act for this city in
the place of the special act under
which the court is now being con-
Quoted One of the principal changes
make it possible to appeal to the
district court instead of directly to
the supreme court, as now, and thus
give one more court jurisdiction. A
defeated litigant would have the
right to carry the case to the dis
trict court and then to the supreme
court, and thus involve the other
party in considerable more expense.
The cost of trial would devolve
on the city instead of the county
if the general act was adopted, aC-
cording to the opponents of the
change, but this is denied by the
other side. This question involves
about $1,000 a year.
Judge w. l.. Comstock was ap-
pointed upon the committee on ban
quet vice J. A. Flittie resigned, and
r. F. Hunt was promoted to the
craftsmanship of the committee. 1t
was decided to place the tickets at
$3.50 plate, and an interesting dis
cussion followed on whether to have
wine and cigars served, and it is
said that the vets carried the day.
been invited to give. the address,
and will do SO provided the banquet
is held the latter part of September.
The date has not yet been set.
The following are some compari-
sons between the provisions of the
present municipal court act and the
provisions of the municipal court
acts as provided in the Revised
Laws of 1905: There will be no
special municipal judge under the
1905 act. 1t provides in case of the
absence or disability of the judge
of the court, the mayor may des-
ignate some justice of the peace to
sit in his place.
Section 1873 provides the clerk of
municipal court and his deputies
shall be appointed by the Judge He
| may remove any of them at pleas
ure. There is no provision as to
| the payment of fees of the clerk.
Under the present act the city clerk
| is ex-official clerk of the municipal
court and he receives 5000 as such
clerk.
Section 1876 provides that the Off
GERS of the court serving papers
shall receive the same fees as are
allowed to constables by law, but
a provision in section 1873 reads:
"The fees of the clerk and of Off
GERS serving process and papers
therein shall be the same as are al
lowed by law, to like officers of the
district court.
| The fees for entering default judg-
ments in the municipal court now is
$115.
Jury trials shall be had the same
as courts of justice of the peace.
A police officer writing out the list
of the jurors.
Section 142 of the act reads as
follows: "In cities of the second
class, if either party desires, jury
he shall so state when the case is
set for trial. A jury of six may be
drawn If both parties consent there
to in open court The party demand
ing a jury shall pay to the clerk
at the time fifty cents for each
juror required, otherwise the case
shall be tried by the court. The
clerk shall draw from the box twice
as many names as there are jurors
required for the trial, and the per-
sons so selected shall be summoned
to appear at the appointed time
Each juror sworn as such shall be
paid one dollar out of the city treas
Jury, upon certificate issued to him
by the clerk at the time of his dis
charge. Whenever necessary, d
special venire may be issued"
| 1t is doubtful if this section ap
plies to cities of the third class
Mankato being i'm that class. If II
does the city will lose SO cents on
each juror drawn.
Section 143 provides for fees in
criminal cases as follows: "In all
/ municina1 cOl1rtS jurors i'm crimin a