St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1885-07-21

Judge Advocate Tawney then read gem
eral orders from the cOnmander-in-chief
ordering the court 10 sit without regard to
hours. and stating that Mai. George W.
Mead. 4 member Of the court, having been
promoted 20 The rank OF lieutenant colonel
since the adjournment of court. he would
be recognized as such during further pro-
cecdincS of the court. Col. Bend had no
objections 10 any member Of the court as
constituted, whereupOn the court and the
Judge advocate were sworn. The charges
were then read to Col. Bend and he was
asked To plead guilty or not guilty.
Mr. Castle said he had some objections
which would apply to all the charges. as
they were of juiSdctiOnal nature which
he would make before plea was entered.
He had at first thought of saving nothing
about this matter but of letting the court
go on and make It's findings. knowing that
If his theory was correct all action of the
court would be void. However. hedesired
to be fair with the court. and as each MEM
Der sitting could be personally held for an
error, and each would be liable TO a suit for
damages he would raise the point at once
and allow the court to settle the point lie
then proceeded 10 read his objection and en-
tered into a somewhat lengthy argument in
sustaining it. No. 1 Of the adiutant'S
charges alleged that Col. Bend had violated
the articles Of war in his action regarding the
Decoration day parade. Mr.. Castle said: II
shall claim that there are
no ARTICLES OF WAR
in the state of Minnesota that have been
adopted by the legislature, and that mill
tia officer is not amenable to laws passed by
the United States congress. There never
has been any law passed by the state larjs-
lature for the government of the militia. BY
simply placing his signature to a half dozen
lines issued from the adiutant generals Of
flee the governor could not create law
for the government OF the militia. There
Is no state IN the country where militia is
held amenable 10 rules created by the gOy-
ernor. Nowhere in America. where the an
thOrity To make laws is delegated to the leg
is.ature, would the pronunciamento of The
governor be recognized as law. The coy
ernor may make rules for the disposition of
troops and for the regulation OF supplies.
etc, but he has no power to prescribe laws
that have 4 penalty affixed. Under speci-
fcation l of the charges. if the law be
held to apply to this case, the defendant
could be made to suffer
THE DEATH PENALTY.
Has this country gone back thousand
years. 10 when the power to make law and
impose penalty lay in a single man? Shall
this court SAY that single man shall make
laws that shall affect the civil actions of a
citizen? Numerous citations were made
from Tie constitution, the statutes and from
opinions of the supreme court. The legis-
hture cannot delegate this law-making
power 10 an executive officer ard the case
81 the MINNEAPOLIS city council in delegat-
ing certain powers to the mayor with refer
ence 20 the creation Of liquor law was cited.
This the court had held to be Illegal. Pre-
cisev parallel was this case. The pro-
nunciamento of the governor cannot incor-
porate set Of laws to govern the state
troops accordingly, he objected on the
ground that no laws existed or are i'm force.
BY the constitution the legislature shall
make these laws if there are any. This IL
has not DONE ana there is nothing but the
nat OF The commaader-in-chief, which SAYS
that the articles CT war shall govern the
state troops. This was not sufficient
JUDGE ADVOCATE TAwNEY
made reply to MI. Castles argument. He
said he did not expect that one who had
helped make the laws would raise the noint
that the laws for enforcing order and dis
cipline were invalid. The legislature has
delegated the power to the commander-in-
chief, and has expressed It's wish. Directing
him to prescribe the laws of the United
States army TO govern the state troops. The
case is similar to the case of the president
OF the United States, when he presclibes
any laws, and the section of the United
States laws was read where it is stated that
''aTmy regulations. when sanctioned by the
president, become law because done by
authority Of the law
The governor has not gone beyond the
scope of his authority, but has followed
clearly in the line of his duty as laid down
by the legislature. The prisoner is not
accused of violating any army regulation
except as il has been adopted
by the state and is consistent with tie laws