St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1885-12-24
Legal Lights Wrangle Before the Supreme
Court as to the Colonelcy Of
the First.
The Twentieth Year Of an Educational
Institution Closed with Fitting
Exercises.
Men Who Select Christmas Presents
for Their Fair Ones Often
Sorely PerpleXed.
DIR. Mclean Protests Against the Ac-
ton of the Presbytery--A
Years Weather.
COLONEL WHO1

Application for n Quo Warranto Ar
gued Before the Supreme Court.
The application of Col. Bend for writ
Of quo warranto against Lieut. Col. Harri-
son, to show why he was exercising the
functions of colonel of the First regiment
was argued before the supreme court yes
.erday afternoon, Hon. J. n. Castle APP
bearing for the relatOr. He argued that as
The order of the governor, removing Bend
from his Office was not valid, Col. Bend
Vas still legally in command OF the regl-
nent. Lieut.. Col. Harrison had since the
second day of June last performed all the
functions of the colonel, which was usur-
patton on his part 1t was not necessary
that the title of the office be assumed 10
constitute a uSurpatiOn. harrison was
lieutenant colonel in name and rank, but
he was in reality colonel. and the once OF
lieutenant colonel was in truth and fact va
cant. The jurisdiction of the court in the
affair was shown by authorities cited. In
such case it was necessary for the respond
ent to either Justify or disclalm the alleged
usurpation. The courts had held that a
writ of custer will issue when there IS a
usurpation.
Authorities were quoted to show that a
writ of custer or a writ of quo warranto, III
its function as an custer would lie where all
assumption of the office had been abandoned.
1t was not sufficient to show that he no
longer assumed the functions OF the Office
of colonel. He combatted the opinion of
the encouragement, that both offices might
exist and be filled by Harrison in CHOP
ping over onto the other ground" The
usurpation of the Office of colonel by Harri-
son was, in the language OF the books, an
custer in itself. The rank that Harrison
assumed. and the manner i'll which he
signed his name. made no difference. The
question was in the usurpation of the
functions of the Office. For every wrong
there was a right, and this was the REALTORS
only remedy, as an injunction would
not lie.
FOR THE RESPONDENT.
Col. Hicks of Minneapolis opened for
the respondent, Lieut. Col. Harrison. He
opened the argument with disclaimer. IN
the form of an affidavit by Harrison, which.
in substance, recited that he had been
elected to the office of lieutenant colonel
and duly qualified; that at no
time since his election had he ever exercised.
assumed claimed or attempted TO
exercise the functions of the office OF
colonel. that his acts in taking command OF
the regiment when called out in appointing
officers, &c, were done in accordance with
military usage by virtue of his office as
lieutenant colonel and by the orders of the
commander in chief of the state militia.
The granting Of the writ rested in the
sound discretion of the court. The relatOr
must satisfy the court of his right to hold
the Office in question, and no one claimed
such right before the court.
10 writ of nIIO yVarr1OtO cOulU only be
issued to test the legality of public office,
and could only be issued when the rights OF
the Office were claimed by the reatOr. In
answer to the question of the right of the
respondent to hold the office, Lieut.. Col.
Harrison says he does not hold the office,
but is fulfilling his functions as lieutenant
colonel. The whole matter lies III the
question. what is colonel? What
is a lieutenant colonel of the
state militia? There was nothing in
the statutes deciding the precise functions
of each An officer could not assume COM
mand merely by virtue of his commissions;
it must be at the order of his superior
officer Harrison performed the duties OF
the commander of the regiment by the order
of the governor, who was the commander
in chief of the militia 1t should be as
sumed that the vacant office would be filled
at the proper time, and then if Harrison
still assumed and attempted to exercise the
duties of the commander, it wOuld be proper
for the court to grant a writ or quo war
ranto The object Of the process before the
court was to test the validity Of the order
by which Col. Bend was removed from his
Office.
Mr.. Castle replied briefly, charging the
opposing counsel with pettifoggng, and the
case was taken under Amusement by the