Lading v. City of Duluth

(dissenting.)

I dissent.

I have no particular quarrel with the result in this case, but it seems to me the opinion circumscribes too much the power which may be given to this court under the Constitution. The Constitution simply provides that, in ordinary cases, the supreme court shall have “appellate jurisdiction.” binder, this provision, this court may not be given original jurisdiction in such cases. The opinion holds, however, that, in the consideration of evidence, the power of the court is limited by the Constitution to “the * * * purpose of determining whether the * * * findings of fact…