Daily globe. [volume] (St. Paul, Minn.) 1878-1884, 1882-01-11

where reference was made to economy. That
ought not to have anything to do with the
matter. He heartily seconded the motion to
rescind.
Senator Campbell was good deal like the
senator from Winona, that the question Of
economy had nothing TO do with this case, but
he did not want to see public money squan-
the accused of from securing any witness
that might be needed, but thought
the sentence, "unless otherwise ordered by
the senate" made the rnle sufficiently flexible.
He therefore reviewed his motion made before
the recess, to refer the motion to the commit
tee on rules.
Senator Rice thought the motion of Sena-
tor Campbell should prevail. He did not
doubt if so referred that the committee and
counsel would confer and perfectly satisfac-
tory arrangement be perfected.
Senator Powers thought the action proposed
would be to establish bad precedent.
Senator Crooks said that when the rule was
adopted he thought il was questionable pro-
ceeding. He thought now that when man
was on trial for more than his life, he should
have every opportunity to prove his innocence.
He favored resembling the rule. If Imposition
was sought to be practiced, the senate could
stop it any time.
Senator Adams moved to amend the motion
of Senator Campbell to rescind the rule and
argued that common justice demanded the
rule should be rescinded. Such course he
believed would facilitate the trial and prove
more economical.
Senator Hines said'It was conceded by both
parties that the power to issue subpenas was
in the court, and argued that the rule did no
injustice, as whether in operation or rescind-
ed, the court had full control over the matter
of witnesses. For the present disposition he
favored submitting the question to the COM
mittee to be investigated. There was no
hurry.
Senator Castle thought the senate would be
no better satisfied after the committee on rules
had reported 1t might be settled as well now
as at any time.
Upon viva vOce vote the motion OF Sena-
ator Campbell to refer was lost.
The motion of Senator Powers to rescind
the rule coming up, Senator D. Buck said he
thought it was treading upon dangerous
ground to destroy the limitation made. This
was not a criminal prosecution. The subject
of witnesses was entirely in the control of the
court. No man was more anxious to see ac-
cused have fair trial than he. But open the
loodgates as proposed and the appropriation
of S25, 900 appropriated for the trial would be
bagatelle, and the trial would have to stop
or an extra session of the legislature convened
to make another appropriation.
Senator POweIs-Or draw it from the
school fund
Senator BUCKEYES, and send it out Of the
state by special car.
Senator Hines moved to amend 16 that when
the number of witnesses allowed the prosecu-
ton have been examined, either party be al
lowed to apply for additional witnesses, speci-
flying as to which article such witnesses are
wanted.
Senator Adams again spoke in opposition to
the amendment, and in favor of resembling
r,1Io fob, no hot mn h
ment proceedings were governed by the same
principles as criminal protecutions, and that
the rules of common or statutory law must
| govern.
Senator Castle said he had opposed the adop-
| ton of the rule. At the time of its adoption
he had asked those favoring it to show
| a case where such power had been exercised.
Such a case was not shown then nor can it be
now. The proposition was in violation OF
| every precedent, of every principle of law, and
| full of danger. Mr.. Castle argued his points
| at considerable length and great force.
y Senator D. Buck closed the argument,
| speaking with much earnestness IN support of
| his position, that while he, and he doubted
not all other senator's were anxious to give all
necessary latitude to the parties, and especial
ly to the defense, it was an essential safeguard,
both in the interests of justice and
economy, that there should be
a limit placed upon the scope
of the trial. Whenever either side should
present request for more witnesses than they
were restricted to, there was no question the
request would be granted, if there was reason
able ground for such request
| A vote was then taken upon the amendment
| of Senator Kinds, and it was adopted by the
| following vote:
Yeas-Buck, D., Campbell, Case, Kinds,
Howard, Mclaughlin, Morrison, Shalleen ,
Tiffany, Wheat, White, Wilkins, Wilson'S.
Nays-Adams, Bonniwell, Buck, c. F.. Cas-
| tie, Crooks, johnson, A. NJ, johnson, r. B.,
| Peterson, Powers-9.
| Adjourned to 10 o'clock this morning.