St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1893-03-19

taken from him. He left it behind him
with the precOnceiYed determination
that he should telephone to his cOnfed-
crate. Dick Walsh, when the time came,
and Dick Walsh should take the book,
as am advised now he has got it. The
gentlemen of this court express their
opinion, at the end of this session,
that it would be a good thing If
Dick should get the book, be-
cause he would be out of the
state of Minnesota inside of fifteen min
utes, with the book. 1t may be that our
courts cannot act, but l want to say
right now, in the presence of the men
that made that statement, that if the
courts of Minnesota cannot act, then l
pray God that Dick Walsh may go
across the line with the book, and the
day he sets his foot across the line of
Minnesota he will answer to charge OF
larceny made in community and in
state which respect the law-for there
is no state which surrounds us, OH any
of our borders, in which the laws are
not Obeyed and in when the courts are
not answered with respect.
Counsel offer the resolution of the
legislature of the state of Minnesota,
without any justification under it.
They seek here to undertake to say to a
coordinate branch Of the government,
to the judiciary, that, in view of a reSO-
luton passed by the legislature, the
functions Of the Judiciary shall cease
and silence shall
Reign In the Halls of Justice
until the adjournment Of the legislature.
Shall it be said to me. shall it be said to
any citizen of this state, that justice is
only administered when the Legislature
is out of session? Shall it be said that
it is only when the capitol is vacant that
the GOths and Vandai5 that seem to in
habit it now, that then and then only
shall Justice open her doors and the
voice of Ike law be heard IN the common
protection of the citizen in ordinary
ways? Itis not for ME TO say, but it
is contrary to the teachings of this gov
ernment; it is contrary to that which l
have learned to be the law of my coun-
try. 1 find in the constitution of the
United States that the persons and
papers of its citizens shall be free from
seizure. | find it re-enacted in the con-
stitution of the state of Minnesota, |
find it re-echoed down even to North
Dakota, and every state that has come
into the Union; find it in the bill of
rights of every territory; find that no
state can join the Union. unless her con-
SblIublOIl IldS lilG luuQallCuNdl D1OflSiOll
of republican form Of government,
contains that identical provision upon
which the war of the revolution, and
afterwards the war of 1912 was fought
and this republic erected. | find it to
be the corner stone of republican liberty
as evidenced and sought to be admin
istered in this country. l say to you,
may 1t please the court, ana do not 90
beyond my duty as counsel OF this
court in saying it, that the statute which
is under consideration Is enacted in aid
of that constitutional provision. The
supreme court of this state has held
that the constitutional provision fixing
a liability upon stockholders and cor
pOratiOnS executes itself. And yet, by
a course of procedure of this character
the wrOngdOer can place himself behind
a shield and so envelope himself i'll the
armOr of his very wrong that both con-
StitutiOn and the laws enacted in aid
thereof are silent, unable to execute
themselves, lie dead and supine that
they may trample over them in the mall
ner in which it has been done here.
1t is in evidence in this case upon the
papers, that the property which is being
sought for here is the Identical property
which the constitutional provision Of
the United States andsOf this state, and of
all the other states, was paSsed-fOr the
private papers, the books and papers of
the citizen. And yet, in an appeal to
the only court which has jurisdiction of
it, the only tribunal in the state of Min
nesOta which can take jurisdiction of
this case. counsel stand here a nd say
that by means of the act which has been
done the court is powerless to proceed.
Possession of stolen property has al
ways been held, both at common law and
by statute, to be
An Evidence of Guilt.
The destruction or pItting out of pos
session of stolen property by the thief
comes now to be a complete defense.
So that if he shall succeed in dispossess-
ing himself Of it, such diSpossesSion
shall constitute complete defense, and
the court will pursue the recipient of
the property, innocent or guilty, until
he gets to the vantage ground where,
when lie is brought before the court, he
will toss it back, and the defendant will
catch it, and courts are asked to ad-
journ to the base ball created for them
in this transaction by the Legislature of
the state of Minnesota, wherein this
property may be tossed back and forth
to the skillful catchers of other peoples
property until, perchance. it shall be
worn out.
Now, am l warranted in taking strong
ground in this transaction? Perhaps l
mad better cite authority. Mr.. O'Brien
then read the letter of Attorney Gen
eral ChildS to Senator Donnelly, adVis-
ing the return of the books to Mr..
Rhodes.
Now, I don't want to undertake to go
too far. / don't want to indulge in talk
talk is as cheap at the bar of the court,
when the court Will listen to it, as it is
cheap at the bar of the senate when the
senate will listen to il also, and when
only one side is heard. Here we have
the advantage of both sides. | contend
only for the dignity Of the citizen and
the dignity of the court, without which
the citizen can have none.
Wants to Re i'm Cont empt.
Don't drive US to the position that we
have got no course; don't drive us to
the position that by resolution of the
legislature our court is emasculated:
because, when they have taught us that
lesson, the first to feel the want of law
and the first body that will understand
that Minnesota has no law or constitu-
ton will be the men who, forgetting
their high duties, have turned them
selves into a mob of thieves and desc
Grated the capitol of this state by an
invasion and an anarchy which is a
treason greater than was committed by
JEFF Davis and his associates. / wish
that could stand without the protec--
tiOn of this court; l, citizen of Mime
sofa, exercising my constitutional right,
presented to those bodies the petition
Of another citizen, stood in their