The weekly pioneer and Democrat. [volume] (Saint Paul, Minn. Territory) 1855-1865, 1856-01-24

srs subject or mhiccts OF any iosriru s,s,o
Principally, kingdom NJ empire; unless tht
same shall bc for y Ono imposed by court. .,
Jury. having jurisdiction 81 the offence or ofI,n
der, FOR the commission ot u specified crime, O.
missienleanor whereof the delinquent shall hay,
nvn previously convicted, after q trial before
some competent tribunal No matter whether
s"oo debt Judgement, lsscuniasy liability or ,is
'nsi@ ARISES from the fyslnd of the defendant Or
NOT 40 matter whether the property Of the
.wuitnt Is oe'ng before his cyps transferred BY
the deotor 70 the wife, mother. or clerk Of m.
latter aiii he sh@ll me-, b. arrested In his carver
!" erime' howewr notorious ami fragrant.
IN adenturer eau 80 ~ tho city Of Now
tprk rum Minnesota, and thcrc rcrscp, him
Th ~ IN prosperous business and possessed m
an estate worth Sa0.0o0, clear u his debts, and
upon taith IN saah representations, and ia rsl,
c,ate ,goa oar 's,es, Obtain some 81 5000 worth
Of merchandise upon cr,lil 81 but when tho in
dehtedness therefor b@oln~ due, and il unpaid,
the crvditor finds tho rretecss and representa-
tions 10 he k,lsc. and his own merchandise trum
Serred To penaikss clark al his debtor, lie
appeals 10 the laws ofthc Territory for redress
They cannot take cagnixance Of ihe a,ms Ia
eatisc II was committed IN another jurisdiction
They viii not arrest the fraudulent debtor, b,>
caase the enactnmnt above w&,rrd 10 has bem
PLACED upon the Statute book Is not this
shameful, and most iujuriousy lis .......,..
Is II not an encouragement OF vilaiiv! Is
u not formidable obstacle to thu pr,grss Of
honest m.nt u u not a serious detrinsent ~
tho iatorsis ID our hoaofable and eutcrmisi,y
merchantss ~
We know that mch Is the case. The second
section II the Act ~ March III. 1895, IL ab
snri. md it, provisions cntirly hnpracticablc.
The net DOES not authorize arrest for foud.
~ any case. Nay, Il forbi,s such arrest, II thu
maud hi ~, account OF any debt. Judgment, pe
cuniary liability or demand. Sc,
The sail Ind secthm seens 10 contemplatr |
the eonvidion Of n man for fraud. before he can |
b. ARRESTED Tor il. II, indeed, arrest would In |
allowed AFTER such conviction, and even thb, |
would seem 20 be forbidden,
II must bc plain 60 every person that TIM |
guilty swiuier would not wait for conviction
lilo would depart the jurisdiction before such
conviction could be had Imagine criminal
law. which would require the conviction Of
murderer or a robber as a condition prrc~lsn,
to his arrest Aud yet what Il ftmud.-what IL |
swindling ~ often practised bat robbinq, the |
vilcst and most unmanly'
Hut snplcaa the 2nd sc..tiotl a the. act n,
frri to, be complied with, and the plaintiff, \
or complainant DOES charge the defendant with |
fraud, the concaln,en, OF goods, property, or
money, or with bad faith touching any pecunh
afy, or business transaction. and p,v,vs Oh that
he eharres what thcns The act does not pro.
vide any remedy II does not permit the mr.
rest OF the defendant upon original or final pro
ct~s, II makes no provision Tor his punish.
ment, 1t provides that tho facts arising. OF
elected upon the ploadinps aud tho accompa.
nying csdcnnc shall b. submit,el 10 the Jury
as ~ criminal eases, Suppose this 10 bc done
mud the evidence TO sustain the affirmative Of
tho issue. as raised by tho plcsdngs, be compul.
sivc. and the defendant convicted Of record,
what then lie cannot he arrested, nor pun.
isl,si Can ,her bc anything more unnirlli.
lont nnd riliculousf
Your memorialists thrrcio,r respectfully ask |
that the nct referred to may he repealed, and
the law ms above quoted he rc~nactsi with such !
amendments as may lr deemed proper con.
formally TO mature experienced, sound policy
and the prcccients Of other enlightened States
and Territories,
iimiisennAp h BrtKsn,
J'iiosFsos, I'ARxeH 4 Dawson.
ID. u. CooLsy, "a
Is, &. Palmer.
&. !. Wua.nm, ....
Asnupw a. flrSs