St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1893-03-21

took recess until afternoon, at which
time Judge Egan rendered his decision
diSmiSsing the proceeding against MIR.
Walsh.
Walsh Declines 10 Answer.
During the forenoon. when Mr.
Walsh was on the witness stand, he
teStined that lie had received a teIe-
phone message from Sergeant-at-ArmS
SmOut to go to the state treaSurer's
Office and get the letter book. He was
III his seat at the house at the time and
after the surprise passed off, went and
got the book. In answer TO further
questioning, he stated that he put the
book in his desk until noon. During
the noon recess he left il with L. j.
Fortune, clerk of the committee. and
took it home at night. He declined,
however. to tell where the book was
left by him upon going TO the court
room and said further:
Il will have to state that have been
directed by the house not to deliver
that book to anybody, and if L should
disclose the whereabouts of that book l
would be doing by indrectiOn what |
could not do directly under the order of
the house, so | shall have to refuse to
answer the question.
Il will state, further,l do this with no
diSrespect to the court. | owe first
duty to the people of the state of Min
neSOta, and next to the house of repre-
sentatives, of which have the honor of
being member, and l am subject to
their directions in thiS matter.
In response to a question by Mr..
O'Brlen, it was stated by Mr.. Walsh
that the resolution of the house was
passed after he got possession of the
book, but it was not at his instance or
procurement. The resolution of the
house was then attached to the affidavit
of Mr.. Walsh stating that be is mem
ber of the house of representatives.
There was then some argument on the
taking of the books, Mr.. O'Brlen coll
tending that the seizure by the commit
tee was unlawful. Attorney General
ChildS claimed that the court should not
interfere with the course OF the legiSla-
ture even if the original taking was ir-
regular. The motive of the Legislature
should not be inquired into by the court.
Judge Egan's Decision.
At the afternoon session Judge Egan
reviewed the facts in the case, and con-
cluded his decision with the following
summary:
If Mr.. Walsh held the book as a pri-
vate individual, under the former state
mentS made, the court would nOt,i i'll any
form, shape or manner, compel or direct
him to produce the same, but would
leave the plaintiff and the sheriff under
the affidavit in repleyin to take such
action with reference to the disclosure
as they might deem in accordance with
law.
In relation to the question as to
whether the witness, r. A. Walsh,
knew where the book was, the court
deems it Immaterial, if he holds that
book by virtue of resolution of the
legislature of the state of Minnesota.
1t will not compel him, nor never has,
III the remOteSt degree, suggested its
production by him, and If the book
is held under the legislative reSOlu-
ton aforementioned, the court will
not Interfere in the remOtest degree in
the matter. Public policy, public neces-
sity demands that the Legislature shall
net be interfered with in any form or
manner, either by committees or other
wise, during their legislative sessions.
The witness Walsh was not under at
rest, was not bro lght here in hostile
spirit, but strictly and purely in accord
ance with law, and the court in the ad-
minlstratiOn of that law issued an order
upon him to appear. He voluntarily
. appeared, he went upon the witness
stand, he made 10 disclaimer prelimi-
nary to his being interrogated, except
under the affidavit presented, and the
argument of counsel, which was not in
the nature of claiming any immunity
from being called as a witness.
1t is due the administration of justice
to say that in this matter everything was
legally and orderly proceeded with; that
too much heat had been engendered,
probably arising out of the first seizure
of the books; that the court never had,
nor has not now, anything to do with it. 1t
appears that the book is in the hands
of the Legislature through one of it's
members,and one of its committees, and,
that being manifest, the court will not
require any member of that committee
to disclose anything further. If the
book had been retained in the caDitOl
or in any department of the state gov
ernment, either the treasury depart
ment of the committee of special inVes-
tigation, certainly the sheriff. under the
affidavit in replevin, must take the con-
sequences, not the court. The court
respects the legislative department of
the government, and the legislative de-
partment of the governments expected
to reciprOcate the orderly procedure in
courts of law.
No error has been committed, no
tranSgression of any rule or statute has
occurred, and without saying further
the court directs discharge of the
order to show cause.
Mr.. O'Brien then asked the court to
issue orders to Bail Smout, j. A. Wells
and r. A. Walsh to appear and show
cause why they should not be punished
for contemplate latter because he re-
fused to answer as to where the desired
book may be found. The motion was
denied. Mr.. O'Brien stated he made
this motion to make the record clear,
and asked the court to grant him an ex-
ception to the ruling.