The Ely miner. [volume] (Ely, Minn.) 1895-1986, 1936-04-23
Minnesota NeWs and
Comment
BY r. w. HITCHCOCK

The Minnesota supreme court has a
fine new feather in its cap.
The most eminent authority in the
world upon the rules of evidence, John
H. Wigmore. dean emeritus of the law
school Of Northwestern University, has
analysed and graded the supreme courts
Of the several states of the Union, and
places the Minnesota supreme court in
the first and highest group.
The appraisal is based on a study Of
the opinions Of the courts on points OF
evidence law covering an eight year
period from 1925 TO 1892 All present
members Of the court were then sitting
judges except Chief Justice Devaney
and Justice Julius Olson.
Judges cited by Dean WigInore as
-habitually writing mastery opinions"
are Stone and Wilson former chief
JusJice) in Minnesota.
Dean Wigmore's noteworthy analysis,
entitled Grading Our State Supreme
Courts; 4 Tentative Method" is pub
Lshed in the April number Of the
American Bar Association journal.
The publicity which members of the
state administration and their elee-
moSynary supporters are getting in ref
erence TO the excessive prices which the
highway department has attempted 10
pay for various land purchasas-this
publicity seems 70 annoy these gentle
men They have even appealed TO the
courts 70 have il huSfled I'D.
In the memorandum attached 10 his
conclusions Of law and decree, perm
anently enjoining the highway depart
Appleton Of Redwood Falls and her a.
tOrney, Frank W. Murphy. 5000 for
property not an any state trunk high
way, Judge Albert Il. Emerson says:
Counsel for the state suggest in their
last brief that in my memorandum I
should suggest something to still certain
propaganda about the case. do not
know that there is any, nor do have
any power to DO that"
The court in its memorandum also
chuckles along with the rest Of the state
over the inept but arrogant assumption
by the attorney general that the COM
missioner Of highways rules by some
divine right. The court said in its
memorandum: Under the decisions Of
our courts heretofore very properly rem
dered Gin view Of our statutes). the
highway commissioner may well have
felt himself a runner-up 10 Alexander
Selkirk regarding whom one little verse
was read 10 the court in the argument
Of counsel:
I am monarch of all I survey,
My right there is none to dispute;
Form the centre all round TO the sea,
I am lord of the fowl and the brute
And If am wrong in my understand
ing Of the law, if the highway commits
s.oner has the power claimed for him
by the attorney general, then the power
that Alexander Selkirk thought he had
was nothing compared with that of our
highway commissioner"
Judge Emerson, however, checked the
highway department up pretty short
with a permanent injunction HIS de-
claration that when the highway COM
missioner "wanders on the right Of
way to buy land he IS performing an
Illegal act is highly significant, for the
highway department. has done this, and
ether cases, somewhat notorious, are
TOW pending In the courts in which
his same action is involved
The Redwood Murphy
case is in itself highly Illuminating
It's outcome is a complete victory for
Schmahl, state treasurer, and for citi-
zeus Of Redwood Falls, all Of whom OBJ
jected TO the payment by the state of
$1,000 ID Mrs. Elsie Appleton and her
attorney, Frank w Murphy, for prop
erty at Redwood Falls not upon any
state trunk highway
Mrs. Appleron's property at Redwood
Falls is just of the right of way Of
state trunk highway l9 Appraisers
awarded her 5000 damages in Deem
Der 1884. The highway department,
through the attorney general, objected
vigorously 70 this award, claiming that
il was grossly excessive, unreasonable
and contrary 70 law, and also asserting
that Mrs. Appleton suffered no
damages Of any kind or nature whatSo-
ever Of q compensate nature" From
this emphatic opinion the highway de-
partment and the attorney general in
October 1895 executed a right-abcut-
face by stipulating with Mrs Appleton
and her attorney, Frank w Murphy, 70
pay them 5000 for an outright pur-
chase Of the property, Mrs. Appleton TO
remove the buildings It was shown
al the trial Of the case, and 50 appears
in Judge EnerSon's findings that the
property, exclusive of the buildings. is
not worth more than $500.
The highway department could not
even live up to its own stipulation. but
promptly attempted TO exceed 1t. The
stipulation provided that Mrs. Apple
ton was TO be paid 5000 by February
Ist and the remaining So 900 upon salts
factory removal Of the buildings not
later than June LIST of this year Al
though the buildings had not been re-
moved, the highway department on
January I4th of this year drew vouchers
for 5000 and 5000 respectively and
with the attorney generals Office de-
manded their payment by Stafford
King, state auditor, and Julius SchmahI.
state treasurer. This Mr.. King and Mr..
Schmahl refused to do; later citizens
of Redwood Falls interviewed; the result
is that the state has now been per-
manently enjoined in district court from
paying the money.