St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1885-07-22
Many Municipal Matters Discussed and
Passed on at Lengthy Meeting
of the Council.
Politics in Montana--Boat Club Meet
ing and White
Bear Tournament.
Board of Public Works--The Fair
Grounds--Dr. Guernon Inter-
Viewed--Notes.
THE COURTS JURISDICTION.
Another Day Spent i'm Arguing This
Point.

tened to long arguments as to the right OF
its own existence, and if it had anything to
do in case it, of ITSELF were not an uncalled
for excreScence on the face of the common
wealth. The trial proper of Col. Bend cut
no figure in the proceedings, and the court
adjourned late in the afternoon with one of
the great questions that affect the militia
and its government unsolved. The inter
est was about the same as on the preceding
day, the spectators perhaps numbering
few more.
AT little before II o'clock the doors
were thrown open and about the same num-
Der of spectators as on the previous day
took the seats set apart for them. Immedi-
ately on coming to order Gen. Wilson an
nounced that the court had decided that it
had Jurisdiction over this case and he read
the following document:
This court-martial exists by virtue of the
orders of the commander-in-chief appointing
and converting it, and derives its jurisdiction
therefrom. 1t deals with the law and the
rules and regulations as it finds them. 1t has
no jurisdiction to pass upon the constitu-
tiOnality of any law found upon the books of
the state, nor has it any jurisdiction to de-
eide any existing orders of the commander
iu-chef establishing rules and regulations for
che National guard invalid or imperative.
The plea in bar of trial is overruled, and ac-
cused required TO plead to the matter of the
charge.
WITHOUT JURISDICTION.
Nr. Castle raised another jurisdictional
objection, namely, that the subject matter
of said charges presents no state of facts
which would give this court jurisdiction.
The subject matter pertains to the parad-
ing Of the militia upon an occasion not
in the constitution, the military code or any
other law Of the state, and was in no
way connected with a mission to execute
the laws represS instruction or repel in
YasiOn." The order of the governor to pa
rade, if he made One requiring such parade,
was absolutely null land void. The gov
ernOr has no power conferred upon him to
interfere in any way with either officers or
men of the National guard when not i'll ac-
tual service, hence the pretended arrest
was null and void and disregarding it was
no crime.
Mr.. Castle argued each point in his OBJ
lection at considerable length. He claimed
that except on the occasions prescribed
by law, on which the governor
may call out the troops, he has no authority
over them because no authority has been
given him by the constitution. he claimed
that the governor had nothing to say as to
Grand Army parade, and had no right to
call the turn on Col. Bend for action in
NDllllSCtlOll WIN cuNll oil cNGul. IL ulu
this he went way beyond the power given
him by the constitution of the state-the
first time any man in the states history
had assumed to do this. The subject mat
ter OF the charges and specifications was
such that 1t had no bearing on Col. Bend
Adjt. Gen. Mccarthy or on Gov. Hubbard,
and when they got themselves into
Wrangle it was as private citizens and
cOurt-martial had nothing to say about
their little differences.
Judge Advocate Tawney replied, saving
he was glad to see that the defense had seen
fit TO admit all the charges by setting up
the plea that they amounted to nothing
This would make it easy for the prosecution.
The court had just decided that it had iu-
risdicton, and that it was here in accord
ance with the governors orders to try the
case as it found it. AS to the statement
that the Decoration day parade was not rec
Ognized by any code or constitution, that
MADE NO DIFFERENCE.
Col. Bend had signed himself as ''Col.
W. d. Bend, commanding the First regi-
ment, and all the transactions had been
done strictly according to military form.
The court was a military one, and had been
called TO try the charges on a military basis,
and it was useless to set up a plea that the
charges were void.
Mr.. Castle replied at some length again,
taking the ground that the trouble
had all been between a few pri-
waite individuals who had gotten up
rumpus among themselves, for their own
satisfaction and the amusement of the pub
lie. When the trouble occurred it was
Mr.. MacCarthy" and not Gen. MacCarthy.
MI. Bend" and not Col. Bend that
participated. AS he said this, ''Ar." Muir
ply smiled and Mr." Wilson. who presldes
at the court, told Mr.. Castle to confine him
self 10 the question.
Further, Mr.. Castle claimed that the ar
rest was illegal because made by Gen. Mac
earthly, and he said lin the teeth OF the
aphorism, that staff officer cannot COM
mand anybody" He said it would have
been all right for Col. Bend to have gone
TO camp, as the arrest was void He did
not admit the truth of the charges.
but simply wanted the preliminaries settled
before pleading. Gen. Rea rather nailed
him down on that point by asking if his
plea OF jurisdiction was not in the nature
of demurrer i'll common law, whereby
1t IS stated that though the allegations be
true they are not sufficient for a verdict.
Mr.. Castle said possibly it might he so, but
he was not very familiar with ''these mill
tary things"
At this point Gen. Wilson looked at the
clock. 1t was ten minutes past noon, and
the general said the court Was adjourned
until p. IN.
THE AFTERNOON SESSION.
When the court came to orderin the after
noon Gen. Wilson announced that the second
plea for barring the trial was overruled.
NhereupOn Mr.. Castle presented a third
plea as to the jurisdiction of the court,
namely, that the alleged offense is not
pDwDIy9 HE before a iuSfiaa of fba naooa fbof
IL did not arise in the army or navy or i'm the
militia i'll time of war or public danger.
Mr. Castle then elaborated these points.
reading from the constitution of Minnesota
as follows:
No person shall be held to answer for q
criminal oiieuse unless on the presentment or
indictment Of The grand jury, except in cases
or impeachment or III cases cogniZable by JUS
ilccs OF the peace. or arising in the army or
navy or in the militia when in actual time of
war or public danger.
The defense argued that no man can be
tired for criminal offense except those
arising under the above named conditions
save on an indictment by the grand Jury.
This case comes under hone OF the above
and consequently il this court proceeds TO
rpthe accused they are violating the great
fundamental principle of the constitution.
iiio court has held that the case comes I'M
der the articles of war. it has held that
the offense alleged is a crime and conse-
quently has ousted itself from any right
TO try the accused, by reason of a constitu-
tional provision.
Judge rawney replied that the cases
alluded to referred TO private citizens and
had no bearing on the troubles that might
arise among the militia. He said courts
martial were in existence in this state be-
fore the state had constitution. They