Askov American. [volume] (Askov, Pine County, Minn.) 1914-current, 1934-01-11
A TRIUMPH OF
HUMAN RIGHTS
So Declares Governor Olson, Following De-
cision of U. S. Supreme Court in Uphold
ing Mortgage Moratorium Act Passed
by Minnesota Legislature in the
Regular Session of 1888.


preme Court of the United States
handed down, by vote of five to four,
one of the most important decisions
of the present generation. That is
the decision holding the Minnesota
Mortgage Moratorium act constitu-
tional. Last November Attorney Cen
eral Harry H. Peterson and Assistant
Attorney General William S. Erwin
appeared before the highest court and
argued in behalf of the constitution
ality of this law.
The Supreme. Court decision held
that a state has the right to suspend
provisions of contract in an emer-
gency such as depressed economic
conditions.
Aimed to Stop Foreclosures.
The act. Chapter 339 of the laws of
1893. was urged by Governor Floyd B.
Olson as a means of declaring a
stand still on mortgage foreclosures
1t prohibits foreclosure by advertise
ment and provides in each foreclosure
for a court review. The court is given
fix the conditions under which the oc-
cupants may remain in possession of
the property. The law was made eff
fective only until May 1. 1885. Fore
closure proceedings under the act
might be deferred until that time.
A test case was started last spring
by the Home Building and Loan AS
sociatiOn of Minneapolis, which had
foreclosed May 2, 1892, on a home in
Minneapolis owned by John H. and
Rosella Blaisdell for an unpaid $4,000
loan. Before the year of redemption
time expired, the new law was in
voked.
The state Supreme Court in a six to
one decision filed July Z, approved
the act as an emergency measure. It
had previously been held valid in Dis
trict Court in Hennepin county.
The case attracted attention from
many states, being the first of its kind
and a test case on which similar acts
in other states might depend.
Human Rights Upheld.
Legal authorities at the nations
capital hail this court opinion as an
other bred Scott" decision The
Characterization, it is argued by pro-
ponents of the legislation, is apt i'm
so far as the bred Scott decision was
epoch-making. but is inapt i'm so far
as the legal principles laid down i'm
that case are concerned. In the bred
Scott case, it is pointed out, the Unit
ed States Supreme Court interpreted
the federal constitution to mean that
a certain class of human beings were
chattels and had no more rights than
dumb animals. 1t required a Civil
war and an amendment to the consti-
tuition of the United States to do away
with that decision. On the other hand.
the nations highest court in the
moratorium case, as Governor Floyd
B. Olson aptly puts it. held that ''hu-
man rights are greater than property
rights"
This is the first decision rendered
during the recent depression involving
the validity of emergency legislation.
Should the Supreme Court have de-
clared the Minnesota Mortgage Nora
forum law unconstitutional, similar
emergency legislation in 81 other
states also would have been invalidat-
ed. Many of the principles invoked
to uphold, the constitutionality of the
Minnesota law will have to be invoked
to uphold the National Recovery Act.
If the Supreme Court had found the
Minnesota law unconstitutional it is,
very likely also that the National Re-
covery act might not be sustained.
Aggressive Attorney General.
The original Mortgage Moratorium
law was drawn in the office of the at
torney general by Assistant Attorneys
General Matthias N. Orfield and Roy
C. Frank, in collaboration with At
torney General Harry H. Peterson.
On the subcommittee of the House
Judiciary Committee, Chairman John
A. Weeks of Minneapolis, appointed
amongst others, Rep. Leonard Eriks-
son of Fergus Falls, who labOred ar
duously to correlate the different coed
ideas brought forth in several bills,
some of which were embodied in the
bill finally passed.
Senators N. A. Peterson of Milan,
and Laura E. Naplin of Thief River
Falls, were also amongst the leaders
in the. enactment of the Mortgage
Moratorium act. With the urgent re-
quest of the governor the bill was
passed unanimously by the Legisla-
ture.
Attorney General Peterson declared
that the decision of the nations high
est court was a great victory for the
home owners and farmers of this
state.