22

"SuprEmecourt j vs£_T!** Of MINNESOTA.,} w*\cT. !;To the general public the supreme court

is a vague and mysterious agency' whoseworks are made manifest In the form ot

\u25a0long and ponderous decisions—impressiveby reason of their incomprehensibility—

whose every utterance _ law; but withwhich there is associated no personality.There is no branch of the state govern,mint of which there is so little known.In the mind of the average person thesupreme court is merely an unknownEomefhing which has powers of final ad-judication and from which laws emanate.

Even in the practice of law the supremecourt is a comosite entity and Is suffi-ciently identified as the supreme court otMinnesota^ or the supreme court of Mas-sachusetts, or Illinois, as the case maybe. Its individual members rarely if evetappear in public life clothed in their ownpersonality.

work of the office, and his knowledgeof the detail of the work of the court Isremarkable. -'\u25a0 „":-7

On the second floor of the capltol ex»tending across the south wing are thefive little rooms which serve as cham-bers for the justices of the court, andclosely adjacent Is the court room. Tmaapartment 13 not, as might be supposedfrom the purposes to which it is devoted,a place of magnificent dimensions, but Inall of its appointments from the stainedglass windows to the severely plain fur-niture and appointments it is character-ized by an atmosphere of dignity whichIs impressive.

Dignity, formality and severe decorumare characteristic of the supreme courtand all that pertains to it, and it appearshighly fitting that it should be so. Thejustices, although in private life of genialand sociable habit, are, when on thebench, severely dignified and decorous,and the proceedings of this tribunal areso marked by formality as to be almostoppressive to the layman and cause himto constantly fear that he will uncon-sciously violate the rigid customs of theplace.v >"o Mock Dignity.

While this is true, at the same time Itis not that artificial and sham dignitywhich is carried to extremes in the oldcountry and becomes ridiculous and of-fensive. There is no personal element init. There is no air of "I am a judge,therefore do me homage." It Is ratherthat dignity of responsibility due to thehigh official position they occupy as therepresentatives of the dignity of the state

Separated into its integral members tnesupreme court of the state of Minnesotaat present consists of Hon. Charles M.Start, Rochester, chief justice, and theHons. la. W. Collins. St. Cloud; John A.Lovely, Albert Lea; Calvin L. Brown,Morris, and Charles L. Lewis, Duluth, as-sociate justices. The justices of tni3court are elected by the people a*'generalelection for terms of six years each, aridin case a vacancy should occur throughthe death of a member it is supplied byappointment of the governor. The salaryof a justice of the supreme court of thisstate is fixed by the law at $5,000 a year.The other officers of the court are a clerk,a deputy clerk and two assistants, an offi-cial reporter and a marshal.

The clerk is elected for four years and

BRADLEY B. MEEKER <-First Associate Justice of the Mm nesota Territorial Supreme Court.

%iirß}sp3Sß mre X^ndap _o ettr sjmodduthe other officers being appointed by thecourt. The present incumbent of th*Clerk's office is Dar F. Reese, who is nowServing his second term, and his deputyIs J. L. Helm, of whom It may almost|>c said that he has been In that positionSo long that the mind of man runnethjnot to the contrary. Upon Mr. Helm de-volves a greater portion of the routine

«md its greatest Interests. There is noth-ing unnatural about It. It is unconscious-ly recognized by all who enter the templeof Justice. No person would, even Inad-vertently, give himself to levity ln thecourt room. However, in the court room,as elsewhere, many amusing Incidentsoccur and the Judges are always the firstto take advantage of these opportunitiesfor breaking the formality of the proceed-

THIS WILL INTERESTEVERY LADY IN ST. PAULtYho desires to be attractive and good-looking. She who does not lacks aninterest In herself that she should be ashamed of. Unless one's complexionis faultless, unless It is free from disfiguring pimples, blackheads, mothpatches and all other similar facial blemishes so common to women, ah*cannot be attractive, no matter how beautiful her features may be. Withouta clear, spotless complextlon, she cannot be and Is not considered good lookingby any one. The famous complexion specialists.

HH9^ W% II

?f 73 and 80 Fifth Avsnua, ftewYork Oily,Have just arranged with MANNHEIMER BROTHERS to show the MissesBell s celebrated Complexion Tonic to the ladies of St. Paul, and the sales-lady 'n Mannheimer's store will explain to every lady the marvelous effi-cacy of the Complexion Tonic and its remarkable tonic effect on a skin cov-ered with freckles, pimples, blackheads, moth patches, redness, roughness oroiliness of the skin, and wrinkles not caused by facial expression. . The MissesBells COMPLEXION TONIC removes all these blemishes permanently andbestows a complexion that is beautiful to look upon. The Complexion TonloIs not a cosmetic to hide and cover up the blemishes, but a colorless liquidthat ha= s tonic effect upon the pores of the skin, driving out the impuri-ties that clog up the pores and restoring the skin to the same delicate vel-vety texture it was in Infancy. The price of the Complexion Tonic is SI.OOa Dottle. .--'-»'\u25a0

Superfluous Hair on the Face, Neck or ArmsCan be removed permanently by the Misses Bell's new discovery KILL-ALL-HAIR, which removes this annoying and disfiguring blemish 'forever andkills the root of the hair so that it will nev*r return. In order that 'everylady in St. Paul may have an opportunity to test the merits of the won-derful KILL-ALL-HAIR,and see for herself its , wonderful effect the sales-lady In MANNHEIMER EROS.' store at the toilet goods department willgive to every lady, FREE, a trial treatment of KILL-ALL-HAIR which youcan use yourself, and notice its effect. For those ladles who live outside -ofSt. Paul, and who arc desirous of trying the wonderful "KTLL-AIJ^-HAIR"Treatment, the Misses Bell will send a trial treatment free if you will sendtwo two-cent stamps to the Misses Bell, 75 and 30 Fifth Avenue. New York_ ,Ask- the saleslady In Mannheimer's to explain the merits of the MissesBells Preparations to you, and have her show you the Misses Bell's CAPTTLA RENOVA. for restoring gray hair to its natural color- the Misses Bell*HAIR TONIC for removing dandruff and curing itching, scaly and diseasedscalps: the Misses Bell's SKIN (FOOD, a daintily scented ointment for «before retiring, and the Misses Bell's LAMB'S WOOL.SOAP-.for the bath

Don't forget to visit the toilet goods department and ask to see th«Misses Bells Celebrated Toilet Preparation*. c tne

V^^^ Sixth and Robert Sts., St. Paul, Minn.

THE ST. PAUL GLOBE}, SUNDAY, MARCH % 1902,

C. X. STARTj s

Chief Justice of the Minnesota Supreme Ccurt.

lngs. It Is no uncommon thing to seethe members of the bench Indulge in aquiet laugh when occasion oners.

While there Is no body in the countryless open to prejudice or more careful toguard its leaning dn a case from publicscrutiny, the Judges are only human, andlawyers who practice before the court agreat deal often are able to "size up" thecourt's opinion from the manner in whichthe Judges receive th© arguments. Theday after the arguments in the celebratedboard of control case were 'submitted awell known lawyer wrote out upon aBlip of paper the way in which the courtwould divide upon the question and seal-ed it. Several months later when thedecision was filed this slip was found tobe absolutely correct, although the de-cision was a surprise to the general pub-lic

A greater proportion of the cases aresubmitted to the supreme court in printedform and without argument, the paper<book, as it is called, containing all ofthe data in the case, including the recordOf the lower court. Motions are argued,and in rare instances an issue Is taKendirect to the supreme court without hay.ing passed through any of the lowerCourts, and in such cases also argumentsare* heard.

When the court has determined uponIts decision in a case one of the JusticesWrites the .opinion in conformity with theviews of. the court. In many cases the'entire court cannot come to an agree-ment, and then dissenting opinions arefiled. Cases have been known in whichthere were three various opinions filed.

Jndge Start Keeps Things Going.

Justice Start, being chief justice, acts,so to speak, as "stage manager" of theproceedings, and in this capacity is ofgreat help to the court and the attorneys.Ho is most business-like and systematic,He is Impatient of useless delay, andvery strict in keeping the lawyers to thepoint at issue.

When a lawyer shoots off on a side Is-sue.. Justice Start immediately remindshim that he is not discussing the ques-tion before the court. While this Is so,he is most kindly In his attitude towardsattorneys, and by questions and sugges-tions very often helps an embarrassedlawyer over a hard place..While there Is not a more sympatheticman upon the bench than JusticeStart, he is always noticeably dis-inclined to listen to arguments upon"general principles," "righteous proposi-tions," "question of Justice," or "human-itarian reasons." In other words, he re-alizes that the court has only to do withthe legal phase of the question, regard-less of how unjustly the law may be lnany particular case. He is like the lateJustice Mitchell In this respect, and nlsdecisions are clear-cut legal documents,not given much to side reflections.

From the questions asked by the court,it Is often possible to perceive in whichdirection the members lean. Justice Col-lins is the hardest member of the courtto "size up." He seems wholly unim-pressionable, and It is seldom that alawyer oan perceive a favorable symptomor draw a crumh of comfort from any-thing he says or does. He says little,betrays no undue interest in the caseand gives no inkling of how the argu-ments strike him. Judge Collins Is anunusually rapid worker, and his opinionsbear the impress of spontaneity.

Justice Lovely is the humorist of thebench. He can never resist the tempta-

tion (to get a quiet simile out of any in-congruity in the arguments, and manya time when he asks a question thereis a twinkle In his eye which stronglyimpresses one that he Is having somesly fun with the unsuspecting lawyer.He Is exceedingly patient with dull andtedioustargument*, and the lawyers getmuch encouragement from his contagiousgood nature.

Judge Lewis gives very close attentionto all arguments and follows the pro-ceedings diligently. ' His demeanorthroughout the case Is generally veryserious, and he impresses one as beingan exceedingly careful and judiciousthinker. Off the ] bench he is, thoughquiet, a most companionable gentleman.

Justice Brown is never in a hurry. He

AARiOaY GOODRICH,

First Chief Justice of the MinnesotaTerritorial Supreme Court,

tilts back in his chair with his armsswinging at his side as unconcerned ap-parently as if waiting for a train. Heasks fewer questions than the othermembers and refers to the books veryseldom. He acts in a very leisurelysort of a way, (but is an unusually hardworker and considered one of the clear-est thinkers on the bench.

The supremo court of Minnesota hasnever been composed of a more genial,companionable lot of men than the pres-ent judges.

People who do not know very oftensay, "What a snap the judges have." Onthe contrary no public official worksharder than a supreme court justice.Some of the arguments they are forcedto listen to would not be endured bymany men for any money compensation.It is no unusual thing to hear a younglawyer harangue' the' court on somepetty question, as if the fate of thenation and the integrity of the constitu-tion depended upon his burning logic.

Then there are | the *numerous briefsto be read and considered in each case,the vital points of law to be decided andpromulgated in decisions which will ef-fect future jurisprudence. The great re-sponsibility imposed and the possibleresults make the writing of these de-

Territorial.Chief Justices-Aaron Goodrich—lß49-1851.Jerome Fuller—lßsl-1852.Henry Z. Hayner—lßs2-1853.-William H. Welch—lßs3-1858.Associate Justices-David Cooper—lß49.Bradley B. Meeker—Andrew G. Chatrield—lßs3-1857.Moses Sherburne—lßs3-1857.R. R. Nelson—lßs7—lßsß.C. E. Flandrau—

State.

Chief JusticesLafayette Emmett—lßsß-1865Thomas Wilson—lß6s-1869.James Gllfillan—Christopher G. Ripley—lß7o-1871.S. J. R. McMillan—lß74-1875.James Gllfillan—lß7s-1894.Charles M. Start—lß9s-1907.Associate Justices— a

Charles E. Flandrau—lßsß-1864.Isaac Atwater—lßsß-1864.S. J. R. McMillan—lß6l-1874.Thomas Wilson—lß64-1865.John M. 1865-1887.George B. Young—lß74-1875.F. R. E. Cornell—lß7s-1881.'D. A. Dickinson—Greenleaf 1881-1882.William Mitchell—lßßl-1900C. E. Vanderburgh—lßß2-1894.Leron W. Collins—lßß7-1907.Thomas Canty—lß94-1900.Daniel Buck—lß94-1900.John A. Lovely—l9oo-1906.C. L. Brown—l9oo-1906.C. L. Lewis—l9oo-1907.

The First Court.

Judge Goodrich Opposed.

CALVIN L. BROWN,- {Associate Justice Supreme Court of Minnesota.

clsions a hard, arduous task, imposingpatience, calm judgment, careful thoughtand thorough Investigation. No otherclass of men have so little leisure timeat their disposal.

MINNESOTA SUPREME COURT.

In 1849 upon the organization of theterritory of Minnesota, President Taylorappointed Aaron Goodrich, of Tennessee,chief justice of the supreme court; Da-vid Cooper, of Pennsylvania, and Brad-ley B. Meeker, of Kentucky, associatejustices. The first territorial court washeld in 1849 in the court house at Still-water. Many of the first lawyers ofMinnesota were admitted to the bar atthat term of court. The first one to takethe oath was Hon. Morton S. Wilkinson,then practicing at Stillwater, and after-wards' famous in the senate and houseof the United States congress. Otherswere Henry L. Moss, Edmund Rice, Al-exander Wilkin, Lorenzo A. Babcock,David and Henry Lambert, James Wake-field, Alexander Mitchell, E. G. Whitall,B. W. Lott, and John S. Goodrich. HenryL. Moss, first attorney general of thestate, and still living, speaks as followsof the early territorial court: - "-r "

"In a subsequent proclamation issuedafter coming here Gov. Ramsey assignedthe judges to different portions of theterritory for the performance of theirduties. The proclamation assigned ChiefJustice Goodrich to administer justiceover the civilized portion of the terri-tory, which embraced the entire countrylyingwest of the St. Croix river and eastof the Mississippi, extending to the Brit-ish possessions. It banished JudgeCooper to the uncivilized and Indiancountry west of the Mississippi and southof the St. Peter river, with headquartersat Mendota. It sent Judge Meeker intoexile in the wilderness, that terra incog-nita lying west of the Mississippi andnorth of the St. Peter river, a land wherelay the beautiful Lake Minnetonka, withits charming and picturesque shores, yetundiscovered. His headquarters were Inan old dilapidated mill on the west bankof the river at St. Anthony falls.

"The second term of the court held inthe territory was by Judge Cooper inStillwater in the month of February 1850.This form Is noted for having the' firstcriminal trial for murder under Minne-sota laws. It was a case of a boy aboutthirteen years of age, by the name ofSnow, killed by a companion of about thesame age, on Third street, near the cor-ner of Franklin street. The prosecutionwas conducted by Morton S. Wilkinsonand Putnam Bishop; the defense byMichael E. Ames any myself. The fir-ing was from the southerly side of thestreet, with an ordinary shotgun, direct-ly across the street where stood the Snowboy, both looking at each other. A sin-gle small bird shot penetrated the eye andbrain of the Snow boy. The jury con-victed the boy of manslaughter, holdingthat, even in the absence of maliciousintent, the firingof a gun across a publichighway where people were passing wasan unlawful act. Judge Cooper, in pro-nouncing sentence, there being no peni-tentiary in the territory, committed himto the guard house at Fort Snelling forninety days, during the first two ofwhich, and the last one, he was to bekept in close confinement and fed onbread and water. James M. Goodhue, ofthe Pioneer, commenting on the. decisionof Judge Cooper, said it was a specimenof dispensing justice in homeopathiodoses. .-.:.;-- -y

"There are gentlemen still living whowere of a self-constituted committee whoin the early spring of 1851 went to Wash-ington and called on Daniel Webster, sec-retary of state, to secure the removal ofChief Justice Goodrich, and at the sametime called on James Collamar, postmas-ter general, to secure the removal ofFranklin Steele, the postmaster at FortSnelllng. This committee met with nosuccess. The secretary of state, afterhearing their complaints decidedly andpositively declined to give the matter anyconsideration. Gen. Co]lam turned theirapplication over to Henry Fitz Warren,the first assistant postmaster general,who, unfortunately for their purpose, waspersonally well acquainted with Mr.Steele; and their application for his re-moval was not entertained.

"The opponents of Judge Goodrich didnot cease in their efforts to secure hisremoval. There were not wanting otherCauses of complaint against him duringthe year 1851, and early In January, 1852;and a letter to President Fillmore wasformulated, containing specifications ofIncompetency and unfitness as a judgeand of improprieties on and off the bench'The letter was signed by a number ofprominent attorneys, and was sent to agentleman now living, who at that timewas stopping in Washington, with a re-quest that he make a personal presenta-tion of the same to the president.Whether or not he did as requested. Inever knew. The opposition and chargesagainst the judge were sufficient, and ina short time thereafter, In January, 1852.he was removed by President Fillmore,and Jerome Fuller, of New York, wasappointed chief justice of the territory.

"The opposition to Judge Cooper arosefrom entirely different causes. He wasconsidered a good lawyer; techlncal andprecise, but he was so positive in hisconvictions that he could not endure op-position •to them, and frequently exhib-ited irritation, and sometimes anger tothose who differed from him. His re-finement in manner and dress was theoccasion of ridicule among the hardy and irobust lumbermen -with whom he camein contact. As early as the winter of--1851 Mr. Goodhue's editorials were over-bearing and unmerciful toward him.Friends made an effort to have theseattacks upon him cease. It was of.noavail. Joseph Cooper, residing at Still-water, a brother of the Judge, took up the Imatter, -and _ad* it ft £©rsonal fcffair

\u25a0\u25a0•.\u25a0-

any emergency. On a February morningthey met face to face on the sidewalk ashort distance above where now standsthe Metropolitan hotel, and the conflictcame. lam not aware that it is knownwhich of them made the first attack. Ashot from the pistol In Goodhue's handstruck Cooper over the left groin, in-flicting a wound which, though not fatal,made him an invalid for life. The knifein Cooper's hand made a deep slashacross Goodhue's abdomen. This trag-edy occurred directly in front of thebuilding where the territorial legislaturewas then in session.Judge Charles E. Flandreau, -who satupon the supreme court bench of boththe territory and the state, gives thofollowing description of the first supremecourt:

"When the territory was organized itsjudicial power was vested in' a supremecourt, district courts, probate courts

-and justices of the peace. Three judges; were allowed it, a chief justice and two.associates. The judges held the trials; individually and assembled "in bane" toi sit as a supreme court of appeals. This| allowed a judge to sit in review of hisj own decision, which is not to be com-' mended, but did not produce any notice-: able disturbance in the administration ofI justice that I remember.I "The first chief justice was Aaron! Goodrich. I think he came from Ten-j nessee. He was quite an eccentric per-| son, and not particularly eminent as a

lawyer. When his successor, Jerome• Fuller, was appointed, he refused to

\u25a0 yield, claiming that, as hi* office was: judicial and federal, his term lasted dur-| ing good behavior; but his contention,; of course, did not prevail. At one time

Personality of Early Judges.

JOHN A. LOVELY,Associate Justice Supreme Court of Minnesota.

Judge Goodrich, Judge Chat Art d andWilliam Hollinshead were appointed tocompile the statutes from 1849 to 1859.Goodrich got up a code of his own whichwas unique. It was not a compilationat all, but an original code. I rememberone provision which was a cure-all formatters unprovided for; it was aboutas follows: 'If any question shall arise,civil or criminal, which Is not providedfor in this revision, the ancient statutesshall prevail In regard to it.' It got Intoprint, but no further.

"David Cocper was one of the first twoassociate justices. He was from Penn-sylvania, and a very peculiar man forthe position. We always called him agentleman of the old school. It was noton account of his age. because he wasquite a young mar, but arose from hismanners and dress He was a very so-cial man. and liked good things, andwhen exhilarated the more punctllliousand ceremonious he became in his deport-ment. He always wore shirts with cam-bric frills down the front, and lacedangling from each cuff, in the mannerthat French courtiers decorated theirhands ln the days of Louis Quatorze.

"Bradley B. Meeker was the other as-sociate justice on the organization ofthe territory. He was a queer genius inhis way, and became the owner of aconsiderable tract of land between St.Paul and St. Anthony, iyhlch Includedthe famous Meeker's Island In' the Mis-sissippi. He died suddenly at a hotel inMilwaukee, having started on a journeyto pass through that city*.

"The next territorial bench consisted ofJerome Fuller, chief justice, and AndrewG. Chatfleld and Moses Sherburne, asso-ciates. Fuller only remained a. short time,and I find no record of his making. Chat-field was from New York originally, butwas appointed from Wisconsin. Sher-burne was from Maine. These two lattergentlemen were good lawyers, and madegood judges. They served from April 7,1853, to April 23, 1857.

"After these came Henry Z. Hayner,as chief justice. There seems to be norecord of his ever presiding at am- court.He may have done so, but I have be-nunable to find anything that shows it,and tradition has never affirmed it to myknowledge. He was succeeded as chiefjustice by William H. Welch, with whomwere associated Rensselaer R. Nelson andmyself. We all served from April 13.1^57, to May 24, 1858. The state was ad-

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in the defense of his brother. Rumorsof threats and personal attacks were inthe air. Each had prepared himself forroitted on May £• ISSB' Judse Wel<* wasfrom Michigan, but was living in the ter-ritory of Minnesota when appointed NVl-son and 1 were from New York, but bothwere appointed from the territoryEarly Practice Somewhat -Mix,-,!.

It can readily be seen that the prac-tice in the courts in those days musthave been just a little mixed. The NewYork code was invented in 1879, and beingsuch a radical departure from the com"mon law and chancery practice, the old-er lawyers were reluctant to learn itsways, even In its home in New York- butwhen administered by judges from Ten-nessee. Pennsylvania, Michigan Maineand Kentucy, all of whom were weddedto their own way of doing things andthought they could not be improved uponthe jumble was of course rather amusin-As in everything els however, we allgot through people usually do— and thoterritory flourished."

Col. Newson has left these pen pic-ti.es of other territorial justices:

"Judge Chatfield was a straight, splen-didly built man. with a florid comp!evi 0 -iand an elegant address indeed onomight say he was 'a fine American gen-tleman of all the olden time.' He wasa judge of the finest purity of character,very careful and very honest; very sin-cere and very conscientious in his con-victions of right. He removed to BellePlaine many years ago, and there hadied, universal! mourned by the wholebar of the state.

"Judge Sherburne was a man of finoproportions, with large towering fore-head, and immense eyes, and he was an

excellent judge. His decisions havenever been overruled. The latter partof his life was spent in Sherburne county,named after him, and he went down tothe grave in the full vigor of manhood.

"The first chief justice of the state su-preme court was Lafayette Emmett, whoIs said to have been a most distinguishedlooking man. He was very generallyesteemed for his ability as a lawyer, andfor many amiable traits of characterwhich, adorned the man. He was of are-tiring disposition, quiet, unassuming, un-demonstrative.

".The supreme court has honored, andbeen honored, by men of learning, abilityand noble traits of character. Many ofthe judges were famous in other direc-tions, several of them being members ofcongress. J The late Justice WilliamMitchell was known throughout th»«United States as c man of exceptionallegal keeness and his opinions were read-far and wide for their lucidity, depth of.thought and thoroughness."

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