Daily globe. [volume] (St. Paul, Minn.) 1878-1884, 1878-06-22
wa. new officer of the court, and Page at once

was new officer Of the court, and Page at once
determined he would whip him INTO
subsection by pursuing tho arbitrary aud
unjust course set forth in this article.
Mr.. Clough then took up and briefly con-
sidered article five, which he said was princi-
pally important because it was was q correct
photograph of the arbitrary and malicious
character of respondent. This character was
here outlined in black and white. and could
not be denied. The letter and order forming
the body of the articles we're written day
after the occurrences alluded to had happened,
giving plenty of time for any excitement oc-
casioned thereby to have cooled. The letter
needs no explanation. It speaks for itself,
and more atrocious document it is hard to
conceive. The order was another epistle of the
same character. and meant nothing less than
authorizing strife and bloodshed.
MIR. Clough then took up articles six and
seven. the Ingmundson matter. According to
he design of the managers, the argument upon
this, as upon all the articles, will be upon the
legal aspects Of the case, the facts only being
. luded to az necessary to make the application.
Lhe charge here embodies an illegal attack
by respondent. The duty Of judge to i"-
struct the grand jury as to the law to govern
their action is acknowledged. but nothing
more. 1t will be admitted by all that it is a
gross improperly for judge to insist upon
the prosecution of person unless it had been
clearly shown to the court that such person had
bsea guilty of crime. The fact" are
upon the town Of Clayton from the
treasurer for f114.52, paying the same
i'll money belonging to the town. Those are
the material facts. Such being the case where
was the crime on the part of the county treas
urer? The duty Of county treasurer is not al
- l-c
treasurer has money in his hands, belonging to
other authorities, he is entitled to pay over
that money when demand is made for it. A
town treasurer has right at all times to de-
mand Of the county treasurer all
moneys in his hands belonging to the town.
The duties of a county treasurer, in short, is to
comply with the law as he understands it. and
stitute crime.
In support of this last proposition Mr..
Clough read from the argument of Mr.. Losey
for the defense, that mistake in the construc-
ton or application of the law did not consti-
tute crime, and argued that if such was true
of judge, who is supposed to know the law, it
would certainly apply to a treasurer
than the general application of the law. Mr..
'Clough then proct tded to read from the stat
| ut as to the duties of county treasurers.
From the provisions OF law thus lead, Mr..
Clough said, he did not see how county treas
urer could refuse to comply with demand
made upon him for funds in his hands belong
ing to town by the town treasurer, as was the
case in the 1ngmundson case. So far as his re.
lation to that town is concerned the county
'easurer is but the tax collector for the TOW n
| and any mo leys collected is held by him
solely as agent for the town, and must be PAID
O 'er by him to the town whenever demanded
The county i, in no way int erestel in the to .
k,p,rc ,ch %Lo
| pose of meeting town expenses, and it would
b. absurd to suppose that the county treasurer
| the collie ctor for the town. could withhold
| those funds from the town when demanded by
| its treasurer. As protection to the town, the
| law provides for periodical settlement, whe1
the county treasurer is obliged to pay over al
| moneys in his hands. This construction of the
statutes has been the practice since the for.
| nation of the STATE. It would be impossible
to conduct the affairs of the State upon a con
| trary practice. And must it be said that fol
doing this thing-this thing which has beer
done by all treasurers since the organization Of
| the State-shall be made q crime in the case Of
| lngmundsOn merely because Judge Page has az
| Willed it?
But it will be said that the treasurer had is
| sued his warrant for that money upon tn,
town for the amount. But what of that
That act would not alter the case, the tow1
| would have neither more nor less money. Their,
is nothing in the law compelling a county
! treasurer to pay the money more than once
In Ingmundson's case he had paid the none,
once. and when the demond was made upo1
| him, through some mistake, for a second pay
ment of that $ll4.5O. he resisted the payment
aud when the matter was submitted to ont
| OF the best attorneys of Mower county
and ne told the town authorities thai
| lngmundson' g position was right, and npor
| that division the town settled with him, and 81
well satisfied were the people Of that town with
his management, that at the election last fall
he received every vote but two.
Such were the facts in the case. Not only
was the transaction lawful, but it had beer
fully settled in lawful manner. What ap
peared before Judge Page in court was another
that there was nothing in the statutes giving
judge the power to coerce grand jury t.
bring him in certain facts. But under suct
coercion the grand jury in this case brought ir
certain facts to the respondent. That docu
ment had mysteriously disappeared. 1t was
lost in respondents hands, and it may be in
ferred that there was nothing in it exculpatine
him or it is probableit would have been pro
duced in this trial. But what is there in tn,
report secured by this coercion. 1t is much
l'ss than the facts, and lack,
| every element upon which to base an offense
And yet upon it Judge Page ordered the in
| dictment OF 1ngmundson. instructing, in tina,
connection, in violation Of the statute, tha,
intent had nothing to do in constituting the
act a crime. Not satisfied with the action OF
the grand jury, Judge Page ordered, not an in
| vestigation, but that warrant issue upon the
facts of that report and that 1ngmundson be
| brought before him. And when 1nsinundsor
| was thus brought up for examination, it clearly
appeared that Ingmundson had 1T been guilty
| of any offense, and yet he was held to bail.
At this point Mr.. Clough, who had become
quite hoarse, suggested that an adjournment
would be very acceptable, and upon motion OF
Senator Nelson. the suggestion was carried into
effect,