St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1890-09-05
THE GIsT OF THE MATTER.
The Argument in the Census Cases
Over Commissioner Odell's

The Argument in the Census Cases
Over Commissioner Odell's
Power.
The case before Judge Nelson In the
United States circuit court yesterday is
one the decision of which is looked for
ward to with great deal of interest.
The new court room in the federal
building. where Judge Nelson was
holding court, was cfowded.to listen to
a point of law which was earnestly
both sides. 1t was point
concerning the treatment which the five
census enumeratorS have been made to
undergo since their arrest here charged
with conspiracy in the late census
trouble. This matter was brought up
principally at the solicitation of Judge
Nelson, he requesting the counsel on
both sides of the case to present their
views to the court, and upon this re-
quest the two sides met in open court
yesterday.
The case as it appeared yoesterday
presents an entirely new phsae.
John H. Mason, the detective, was
placed upon the stand by his attorneys,
NJ. ID. Mum and Dan Lawler, of st.
Paul, and testified that he had never
seen the warrant which Marshal Dag
gett was supposed to have issued. put
evidence was introduced by Judge Shaw
to the effect that Mason knew ne was
wanted in Minneapolis. However, the
arguments were heard and the matter
submitted, Judge Nelson Withholding
his decision over until Monday of next
week.
The decision of Judge Nelson will de-
w or V1rarf ad SfafnS
commissioner has power to punish for
contempt the same as justics of the
peace of this state has in actions similar
to the one III John II. MasOn's case.
Mason's attorneys claim that the statute
does not permit of commissioner COM
uniting for contempt. and that that
power does not rest in commissioner.
Judge Shaw in his argument cited a
case decided by Judge Curtis. of the
Massachusetts circuit court, which
holds that section LOLA of the United
States Revised Statutes, which re-
lates to the power of the United
States commissioners, means that
the power vested in such commissioner
is not unlike that of justice of the
peace, in that he has the power, the
same as justice, to punish for con-
tempt. Judge Shaw also cited an au-
thority of Judge Dillon's, formerly
judge of the Eighth circuit of this
state.
The st. Paul attorneys rested their
case wholly on decision of Judge Ores
hams. of Indiana, which holds that in
that state United States commissioner
cannot punish for contempt, because
that power is not vested in justice of
the peace there. Mason's attorneys
urged upon the court the judicial rea-
soning of Judge Gresham. which deci-
sion is based on the local statutes of ln-
diana, but could not apply here, as
justices of the peace are vested with a
power to punish for contempt, and this
was Judge Shaw's view of the case as
cited by Mr.. Mum.
Should Judge Nelson decide that the
commissioner could enforce the attend
ance of the witness Mason, the examina-
ton before Mr.. OdelI will proceed, but
Oh the other hand it is possible for the
whole matter to be submitted to the
grand jury, and yet this is quite i'm
probable, for the grand jurymen have
all they can do between now and Mon
day, and their entire time will be occu-
pied with cases of various character,
| most of the witnesses in which are
here and awaiting under expense for
their respective cases to come to trial.