St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1884-10-06

dred, and Judge Henry places it at from
eight to ten hundred This is Major Straits |
own county, and for such reports to greet
Mr. Donnelly on his arrival here is certainly
gratifying. Major Stait's old friends now
concede Donnelly's election, and many of
them are going to cast their vote for him.
During Mr.. Donnelly's speech he was fire.
quently interrupted with cheers and cries
''That's so,n ''You'r right" " 81 know that's
so,'' ETC., showing that they not only appre-
ciated what he said, but that they were
reading class of people and were thoroughly
posted upon the different subjects on which
Mr.. Donnelly was talking to them. After
Mr.. Donnelly got through speaking three
cheers were offered, and such hurrah was
never before heard in Belle Plaine.
Mr. DonneIIy Anssrers the Wigmar Reso-
ItttioHs.
Especial Correspondence of the Globe.
DE GRAFT, Mimi, Oct, "a large crowd
assembled this evening in this place to hear
a speach from Hon. Ignatius Donnelly, can
didate for congress in this district. Before
proceeding with his usual cam paign address
Mr.. Donnelly spoke for short time upon
the resolutions adopted at a meeting held at
Willmar, Oct. !, dtLsuneing him for having
attacked Judge Brown, Of this judicial dis
trict. He said that the resolutions were
offered by the county auditor, Olson, but ev-
cry one knew that he could not have written
them. They bear the ear-marks of John
w. Arctander. The meeting was drummed
up by going from house to house. The re-
port in the Pioneer Press says that the reso-
lutions were adopted unanimously by the
entire assembly rising" The newspaper re-
port was also, beyond doubt, the work of
Arctander. The fact is that only fifteen per-
! sons rose TO vote for these resolutions. The
whole thing was piece of Arctander's dra-
matte workmanship and was in
tended for its effect abroad. Arctan
der is played out in KandiYohi
county. He ran last year for county attor-
ney against P. NJ. Quist, and although the
| countyis usually good Cor 1,500 Republican
majority, he was defeated by 500 majority,
which was equal to a change of 1000 votes.
! He does not dare, therefore, TO show his hand
openly, but he and Judge Brown pull the
wires from behind tie scenes, and get such
men as the county auditor to assume the re-
sponsibility. The resolutions in question
were an attempt to invoke the respect which
all men feel for the law and courts. ''No
man, said Mr.. Don nelly" has more respect
for the unsullied ermine of the judiciary
than l have, but when judge goes out of
his way to prevent law and justice, TO injure
political opponent, he drags his robes of
office in the dirt and can no longer shelter
himself behind them. A judge is only a
man, and sometimes a very bad man.
Judges have been impeached and removed
from office for drunkenness, for licentious-
ness, for corruption, for all manner of crimes
disgraceful to human nature. Tweed, of
New York, who died in prison, as public
robber, had number Of judges in the day
of his power, who shared in his plu1der and
obeyed his behests, and they were driven out
OF Office loathed aud despised of all men. If
they had possessed an Arctander, when Til
den was exposing them, he would
have prepared for them a series Of resolu-
tions like those adopted at Willmar, declar-
ing that it was the duty of all men to rush
to the defence of an insulted judiciary But
even New York, prolific as il is, has never
yet produced an Arctander.''
Mr.. d. proceed to show that the law OF the
state declares that parties defendant must be
sued in the county in which they reside at
the time Of the commencement of the action.
He had been sued in Kandiyohi county by
Rice & Co., although he did not reside in
that county The law further declares:
ssIf the county designated for that purpose
(the trian in the complaint, be not the proper
county, the action may nevertheless be tried
therein unless the defendant. before the time OF
answering expires, demands in writing that the
trial be had in the proper county, and the place
Of trial shall BE- btsreHpO1 changed to The proper
county By tt<1order Of tie court
II made such demand through ny attorneys,
accompanied by an affidavit that / was a resident
of Dakota county. The judge ignored that de-
mand and proceeded to strike out my answer
and give Judgment for the plaintiff. He claimed
that in addition TO my demand for q change of
venue 1 should have made . motion
before the court for change
no such motion; Il declares that when the de-
maud is made ssthe place OF trial shall be there
upon changed TO the proper county, by the order
OF the court" II Is the judge's duty to make
such order But ii is said that be had no Of
fetal notice Of the demand and affidavit. They
were sled with the pIeadings in the case, and II
was his duty TO take official notice OF every pa
per on file l had statutory right there upon
to an order OF conTt changing the venue.
s.My answer set forth that had not sufficient
knowIedge 10 form belief "a TO whether o. P.
Rice & Co. were partners and then proceeded tc
traverse and deny positively every allegation IL
the complaint. Judge Brown hsd no right to
strike out my answer sham or frivolous II 1.
true the s;2tute Of 1881 (c 80. u says:
s.Sham. Irrelevant or frivolous answers de.
fences, or replies. and frivolous demurrers, maJ
be stricken oEt. or Judgment rendered notwith
standing the same, OF motion as for want Of a.
answer
But the supreme court in the csse Of Morton
vs. jackson. I'd MINI. lOs, has defined what :
I sssham answer Il. The court says:
"a sham ansEeri one the falsify OF which is
clear and undisputed, and which tenders or p1r-
ports 20 tender an issue or new matter
| Certainly ny answer was not sham on either