The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1890-02-08
ARRESTED At MILES CITY.
Senator Becker Released on a Writ
of Habeas Corpus But Nabbed
by Parker.
His Arrest by Gleason a Bold De-
fiance Of Law TO Gain
Time,
Ihr Deputy sheriff and the senator on
Their Way 10 the Capital Scenes
ia Court.

Mus Crrl. Feb. e. Special. Senator
Becker, who was arrested at Glendiye yes
terday upon telegram fromJ j. T.. Richards,
was discharged from custody this after
noon by Judge Milburn upon writ Of
huheas corpus: but the senator had
his liberty only two minutes. when w. i.
Parker depoty sheriff of Lewis and Clarke.
served a warrant of arrest upon him. The
warrant consists of the resolutions passed
10y the sennie insiructiug the scrgeant.at-
arms 10 provide duplicate warrants for the
sheriGs of the several counties for the
arrest Of the eight democratic senators who
are charged with being absent without
leave.
Wien Sheriff joel Gleason. OF Dawson
county. arrested Senator Becker at Glen
dive yesterday. Senators Mcnamara and
Hoffman were promenadinR along the plat
form, hut the sheriff did not recognize
them. They are now in Bismarck. Mrs.
Becker and child were with Senator Becker
and were going 10 81. Paul but the lady
went back 10 Billings un the next train, and
sheriff Gleason aud Senator Becker stopped
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fined 10 his bed with illness when Hon. q.
! X. Middleton called AT his home late last
night and applied for writ OF habeas cor
pus. but he was unable 10 90 out, and the
whole matter was postponed until
to-day. Senator Becker WIS offered alI
opportunity 10 leave the city last
night by private conveyance. but he de-
clined TO accept the offer. because he had
promised the Dawson county sbenn he
would lei the law take its course.
Judge Milbum appeared Just at noon, and
Judge Strcyell. &. Il. Middleton. Senator
Becker, the sherifs of Custer and Dawson
counties. Representatives Crutchteld, Wha-
/ lev l,feen, Hogan aud Assistant Clerk
B Cooney. of the housc. were present. When
the judge raped for order the court room
was crowded Owing 10 the hurried man
ner in which everything was done. the
original application for the writ, prepared
/ by Middleton, Judge Strevell moved 10
quash on account OF errors, but his honor
oycrruled the motion aud granted counsel
for Becker leave to amend.
/ Az 2;30 the court resumed. The judge
carefully scanned the application of the
petitioner, aud nothing marred the stiffness
that followed for several minutes until
! ~. otg appeared The court ordered the
intruder put out. aud with n furciple kick
the sheriff assisted the canine in his fight
down stairs. In ANY ordinary court this
would have created laughter, but Judge
Milbum promptly raped order and all was
still again. Judge Streyell was busily en-
gagged in writing and finally he
called npon Sheriff Clemson 10 sign docu.
ment which proved 10 be motion 10
postpone further proceedings until O'Clock
tomorrow. In support Of this motion Mr.
strevell said that W. $. Becker was now in
of arrest emannting from the rules of the
state senate. which he characterized as an
august body. with the lieutcnant-goyernor
at its head. and this gentleman the second
highest ollicinl in the state. asked that
Becker be detained. He said that Judge
Milburn should take judicial notice of the
rulea OF the senate aud OF the
president Of that body. and went
ON to speak Of the absenteos,
adding that it was the duty Of every judi
cial officer in the state IA recognize the
authority 1T that body. lie wanted time
Lo telegraph 10 Helena for the senate rnles
wL.ch b, thought were III accord. as regards
tie arrest Of abscntees with the consiitu-
iion; and then he would be- better able to
show cnusc why the senator should bo de-
MED his liberty NJ this time.
In response Mr.. Middleton. vino WAS
backed up by the opinions oi the best lnw-
ycrs in llclcnn. said that there WAS no uuth-
oriiy of law on the face OF the
earth that would give Gleason the
right to detain Senator Becker. az he did.
/ lie said il was absurd and unreasonable 10
shy thni The Judiciary should compel the
attendance of members Of the legislative
department. Gleason could not produce
amy authority by which he restrained Son
aiot Becker from his liberty. and he did
not think il as lin the bounds of justice or
/ reason toa,k that au American citizen be
/ held weniy-four hours longer, Just 10 give
/ opposing counsel II chance 10 get the sen0te
rules for the purpose Of showing his author
itv Tor milking the arrest.
| Strevcll in reply said authority was gwen
I ly the constitution
I Afior reviewing the documents before
him Judge Milbun said person holding
/ the body ot another ia custody must have
I law and authority to back him. The re
sponden' asked for further time in which
10 fnd his authority. aud this lac could no,
legally grant. and therefore be would over
rule the motion TO postpone. He did not
propose 10 say that amy rnan can arrest u
man and then ~ mi find the law upon
which he based his action
Streycll mid he wanted advice from
| lIepia. aud when he found the lnw he
could act and make an answer. but the Judge
told him he would only give him half
an hour 10 answer. When the thirty
minutes had expired Judge Strevell pre-
sentcd his petition, which set forth more
fully the cause of the arrest and the tele-
gram from Mr.. Richards, Counsel on both
sides submitted the case without argument
and Judge Milburn then snid
I II tnls telegram had been directed to Sher-
ia Gleason. instrncting him TO arrest Mr..
Becker and hold him subject 10 the receipt
Of warrant Of arrest, ! would be dis.
posed tO hold the prisoner Tor reasonable
\ time before granting his discharge; but 70
ask me 20 accept for granted that The tele-
gram Is ample authority for holding the
prisoner is asking a good deal. / might
with equal propricty send telegram
! - Sheriff Jonries and tell him to arrest J..
/ 4. Ricknrds and hold him and bring him
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