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

prodV1fion of the note was not proof of the
falsityS the answer, for the making of the note
was the very question at issue, which only jury
could settle. The paper presented might have
been forgery. 1t cannot be said that the falsity
OF the answer was undisputed, for dipute it.
Neither did IL present new matter. The supreme
court further define, in the same case, frivo-
lous answer:
"A frivolous answer is one which, il true, does
not contain any defense to any part of plaintiffs
cause or action, and its insuficiency as defense
must be glaring that the court can de-
termine it upon bare inspection without argu-
ment.''
Certainly this definition does not apply to my
case. And yet Judge Brown declared my an
swer sham and frivolous, and he went further
for political effect, and declared it false. He
usurped the functions of jury to brand me
with falsehood.
The annals of the courts will be searched in
vain for parallel to this action. If it is sus-
tanned at law the functions of the jury are at an
end whenever the court chooses to try the case.
owes B on note contract; B denies that
he made the note or contract, and throws him.
self upon jury of his country. A goes before
the judge, presents what he claims to be BIS
note or contract. and the judge gives judgment
for A.
The case of Van Hoven Live Stock Co. vs.
Zeicick, came before Judge Simons, of the Ram
sey county court, last spring, upon a motion for
asked: sis there not demand for a change of
venue in this case?' He was told there was
"Then," said the judge, 81 decline to consider
the motion. 1t must go to the court Of the dis
trict where the defendant resides.''
But, in my case, Judge Brown proceeds TO try
the case and wipes out my answer as ''false," q
word not found in the statute, and then he or his
partner in iniquity, Arctander, prepare letter
to the Pioneer Press. and the Pioneer Press de-
clares editorially that had committed perjury,
although it well knew that neither complaint nor
answer were sworn to. And all this for political
effect. And then Arctander prepares a set of
heroic resolutions, and the judge poses with his
bedragged Ell mine around him, and appeals to
the sympathy of the public throughout his judi
cia district. / accept the challenge. l, too, will
appeal to the people. The district well under
stands that Judge Brown saddled Arctander on
them at a cost of $1,000 per year, TO keep him
from taking away his judgeship; and that Brown
therefore costs them $500 per year. That
50, 900 is taken from lot of frontier counties,
Meeker being excepted, and is levied on people
who are selling wheat to-day at So,
so and 60 cents per bushel. 1t is the
only Office of the kind in the state, and
is as necessary to the people a tin kettle tied
to dogs tail is necessary to the dog The idea
of the poor people of Browns district being
taxed s., 900 a year to support man of Arc
tander's well known character, and who could only
carry three towns in his own county 1t is an
abominable outrage. And Arctander, who used
to abuse Brown like pickpocket, now weeps at
the thought that Donnelly would say anything
against him.
And observe the kind of falsehoods that this
man Arctander utters against me: He stated in
his speech Oct. /, that had charged a lame
Swede boy seventy-five cents for carrying him
part way to New London a lie cut out of whole
cloth; no Swede boy or anyone else asked me for
a ride; and if he had certainly should not have
charged him anything.
His satanic majestic bushes and sucks his
thumb whenever he thinks of Arctander. He
feels ashamed of his own ineficiency He recog-
nizes the progressive development Of the hu-
man race.