6 Minn. 110 | Minn. | 1861
By the Court —
— The only question involved in this case, is whether the District Court has jurisdiction to enforce a mechanic’s lien, for a sum less than one hundred dollars. The statute directs the action to be brought in that Court whatever the amount, but the Defendant insists that by the Constitution the District Court cannot take cognizance of any action, in the first instance, where the amount in controversy is less than one hundred dollars. On the other hand the Plaintiff contends that this is an equitable proceeding, and that the District Court has original jurisdiction of all matters in equity.
The Constitution vests all the judicial power of the State in certain Courts, therein enumerated or provided for. It confers no original jurisdiction on the Supreme Court. The Legislature may however give it such jurisdiction in “remedial cases,” but without legislative action the Supreme Court is strictly a Court of Appeal. The jurisdiction of the Probate Courts is expressly confined to “estates of deceased persons, and persons under guardianship. No original jurisdiction is given absolutely to Justices of the Peace. The Legislature however is authorized to prescribe what their duties and compensation shall be, but cannot extend their
It will be observed that the constitution vests absolutely no original j urisdiction whatsoever in the Courts already mentioned, except 'that given to Probate Courts over estates of deceased persons, and persons under guardianship, but leaves the matter wholly to the wisdom of the Legislature, within certain specified limits. That is to say, the Supreme Court and Justices of the Peace are made capable of receiving original jurisdiction to a certain extent, but without legislative action such jurisdiction does not exist. The Legislature may therefore decline to give to the former Court cognizance of any action or jxroceeding in the first instance — or it may limit the jurisdiction of the latter to any particular class of actions, or to causes involving fifty dollars only, or any other amount not exceeding one hundred dollars; and may forever decline establishing the additional Courts authorized by the constitution. So far then as regards the Supreme and Probate Courts and Justices of the Peace, they are Courts of limited or special, and not of general jurisdiction.
The judicial power of-a State is co-extensive with the power of legislation. The Courts under our Constitution are the sole repositories of this power; and they have it independent of the action or nonaction of any other department of the government. The constitution created all the Courts necessary to the exercise of the power conferred; and although the Legislature is authorized to establish others inferior to the Supreme Court, yet as the necessity for such additional Courts may never arise, all the judicial power conferred must in the mean time be exercised by the Courts already provided.
How then is this power distributed by the organic law ? Appellate jurisdiction in every case is given to the Supreme Court. But, as we have seen, original jurisdiction, except over estates of deceased persons, and persons under guardianship, is not directly conferred on either of the Courts before mentioned. And although the Legislature may authorize
There is but one other, the District Court, named in the constitution, and that Court by its constitution is capable of receiving and exercising, and we believe was intended by the organic law to receive and exercise, in the first instance, all the judicial power not vested by that instrument in other courts. It is, in our opinion, the one great court of general jurisdiction to which all may apply to have justice judicially administered, in every case where the Constitution itself does not direct application to be made elsewhere. Each of the others is expressly confined to certain limits, or the jurisdiction, which may be conferred on it, is expressly limited. But the powers of the District Court are neither defined nor restricted by the constitution; nor does its original jurisdiction depend in any degree upon legislative action.
The constitution declares that “ the District Courts shall have original jurisdiction in all civil cases, both in law and equity, where the amount in controversy exceeds one hundred dollars, and in all criminal cases where the punishment exceeds three months’ imprisonment or a fine of over one hundred dollars; and shall have such appellate jurisdiction as may be prescribed by lawbut there are no words of limitation as to the original jurisdiction, as there are in regard to every other court.
It may be urged however that there is an implied limitation to this jurisdiction, under the rule, that what is not enumerated is necessarily prohibited. But we could not apply that rule to the clause just recited without denying jurisdiction to all the courts in a great variety of cases. Numerous examples might be cited, but one alone will be sufficient to show the difficulties to be encountered in limiting the jurisdiction of the District Court in the manner suggested. Take as an illustration an action involving title to real estate, in which the parties are entitled to a trial by jury,
The Defendant’s counsel has referred us to the decision we made in Castner and Hinkley vs. Chandler and Green, 2 Min., 86, and insists that it is decisive of this case. That was a case involving the jurisdiction of the District Court under the act of Congress organizing the Territory of Minnesota, and the laws passed by thé Territorial Legislature, in pursuance of said act. "We think there is nothing in that decision inconsistent with our present holding. The “ organic act ” so called, did not attempt to define the jurisdiction of the territo
In the case referred to we held substantially that neither the District Courts nor Justices of the Peace had any distinct jurisdiction, in cases arising under the laws of the Territory, except such as was conferred by the statutes, and that it was evidently intended by the statutes above recited, to give original and exclusive jurisdiction of all matters involving one hundred dollars or less to Justices of the Peace; and to the District Courts exclusive jurisdiction of all actions wherein the sum in controversy exceeded that sum.
We are unable to see that the rule of construction applied in Castner & Hinckley vs. Chandler & Green, conflicts in the least with that adopted in the present case. Under the Territorial organization the several courts had only such jurisdiction as the Legislature saw proper to confer. Under the State organization, the constitution defines or limits their jurisdiction, and so far at least as concerns the District Court, the Legislature can neither increase or diminish its original jurisdiction. In the one case, the judicial power was distributed by the Legislature, in the other by the constitution itself; but in either case, we regard the distribution, when made, as a distribution of all the judicial power ; and that when a particu
If the constitution had conferred the judicial power oí the State on the Supreme Court, District Courts and Probate Courts only, and had then declared that the first should have appellate jurisdiction in every case, and the last should be limited to jurisdiction over estates of deceased persons, and persons under guardianship ; no one would ever have doubted that all the judicial power not vested in the Supreme and Probate Courts, belonged of necessity to District Courts ; because it could reside nowhere else. Nor do we think this interpretation would be changed, although by subsequent sections the Legislature were authorized to establish other courts in addition to those named ; or another court were named, upon which certain powers might be conferred. Had such been the language of the article on the judiciary, it would at once have been said, that as all the judicial power had, in the first instance, been apportioned between the Supreme, the District, and the Probate Courts, the mere authority given to the Legislature to establish or confer certain jurisdiction on other courts, did not deprive those in whom jurisdiction was first vested, of any portion of the power conferred on them.
But wherein does the language of the constitution differ, in effect, from that above suggested ? I confess, if there be a substantial difference, that I am unable to perceive it. The article on the judiciary first vests all the judicial power in
We are, therefore, constrained to hold that the District Court has original jurisdiction in every case where the constitution itself does not clearly confer it on some other court. That this jurisdiction extends to all causes which the Legislature may, in its discretion, authorize other courts to take cognizance of; because the discretion may never be exercised, or not to the extent authorized, and it is necessary, in the meantime for some court to have the jurisdiction. And that the authority possessed by the Legislature to confer on other courts a portion.of the jurisdiction vested by the constitution in the District Court, does not imply the right to deprive the latter of such jurisdiction, but simply to authorize other courts to exercise it, concurrently with the District Court in such cases.