St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1893-03-15
CAUGHT At A COUP.
The Legislative Committee
SeiZeS the Books Of the
Coal Combine,
Which c. D. O'Bpien Nearly
ReplevinS by Force Of
Arms.
A Red Hot Session Of the
Committee in Charge Of
the Case.
Law and Authorities Under
Which the Seizure Was
Made.

4 legislative session without a sensa-
Hon would be an anomaly. 1t remained
for the Joint committee to investigate
into the coal combine to furnish the
most sensational episode of the present
session. And the course pursued by the
committee has raised an exceed
Is the extent of the powers
Of the legislature in exercising its fune-
lions in inquisition. The committee
instructed the sergeant at arms of the
house to produce the papers of the local
bureau in charge of John j. Rhodes.
Rhodes has twice been witness before
the inquisitiOn and his testimony is con-
sidered by the committee both contra
dictory and Inconsistent. and that it does
not accord with that given by the other
witnesses. For these reasons this order
was given to the sergeant at arms.
The latter official. clad in the super
lative habillmentS of the authority or
the legislature, came suddenly upon
the Office of the Rhodes bureau yeSter-
day and seized the books relating to the
retained by the coal people and he
made an eloquent argument against the
summary course OF the committee.
Later. and when the committee had ad-
jOuTned. Mr.. 0BTien with Mr.. Rhodes
came mighty near effecting a coup
and only failed because of the numer-
ical and physical strength of the legis-
lative committee. He had the books
under his arm in a twInkling, and in an
other second would have been outside
the room. and the chances of his putting
the books under dispute in a safe place
were bright for the instant, but William
Lockwood, of the house, happened to be
at hand, and his athletic proportions
suddenly lOOmed up and the books were
unceremOniOusly taken and returned to
the table. Mr.. Lockwood WAS quickly
enforced by Sergeant-at-ArmS Wells
and Representative BjOrge, and the
game was uD. The books were then
turned over to Lieut.. Behr and Sergeant
Sullivan. OF the city police. to be re-
ported by them to the senate today.
Testimony of Rhodes.
AT the opening of the session of the
committee c. d. O'Brien made an ad-
dress as attorney for Mr.. Rhodes. He
held there was no law to sustain the
proceedings by which the books were
seized. In his opinion, which he felt
confident of maintaining, the seizure
was absolutely unlawful. violation of
the personal liberty of the citizen, and
a breach of the constitution of the
state. The high source from which it
emanated made it all the more
dangerous. In conclusion, he asked
that the cOnfiscated books and papers
be returned forthwith; in fact, so far as
he could respectfully do so, he de-
manded their return to MIR. Rhodes, in
order that he might carry Oh his busi-
ness.
Mr.. BOggs moved that the committee
go into executive session to consider the
attorneys demand.
Mr.. Horton asked if the books were
seized under a resolution of the COM
mittee.
Senator Donnelly replied in the af-
irmative, and proceeded to read the
following:
State of MInnesote-House of Represent
atiyes-St. Paul, Mimi, March Is, 1888
a. meeting of the joint committee on the
coal combination, held on this 18th day of
March, A. d. 1873, 1t was resolved as follows:
That the sergeant-at-arms of the house of |
representatives be instructed 10 proceed to
the office Of John J Rhodes and bring back |
with him all the books and apers therein re-
lating to the coal combine, and report same
70 the next meeting OF the committee"
Z. A. WALSH JAMES A. BOGGs
IGNATIUs DoNNELLY, HmER H. HoRTov.
7. IS. WINSTON, WILLIAM LOCKWOOD, |
II. P. BJORGE, FRANK L. MORSE
The paper was attested by Z. J. Fort |
une, clerk of the committee. Senator |
Donnelly further read the joint resolu- !
tiOn under which the committee is act |
ing. 1t cOnfeIs power to send for per |
sons and papers, and seems to confer |
ON af,1n on fhnr For oil
went on then to state, for Mr.. Horizons /
benefit, the proceedings heretofore had. |
"Mr. Rhodes" said the senator, twas |
subpenaed to appear before the com |
mittee. He did SO and testified to a |
mass of things, most of which has since |
been absolutely cOntTadicted, not only |
by other witnesses, butby himself. He |
was then Subpenaed to bring books and |
papers. he came and stated that he |
had no books or papers except small |
and useless form of receipt. He said |
he had not even letter book; asserted |
that he talked with patrons of the |
bureau on the street or at their offices, |
and kept no records of any kind. The |
committee became convinced that he was |
not telling the truth, and consequently |
we took the action we did today. 1t is |
my opinion that John j. Rhodes has not /
only laid himself liable to prosecution, |
but to be brought before the bar of the |
senate or house for contempt"
The noted legislator was Just fairly |
warming to his subject, when Mr.. |
Boggs insisted on his motion for an |
executive session being put. The mo- |
lion prevailed without a kick, and re-
porters, lawyers, Legislators and lOung- |
Frs were bundled out without ceremony. |
This executive session continued un- |
til nearly midnight. Meanwhile the |
Panama canal investigation incidents |
were graphically related by Represent |
atiYe Walsh to prove that the commit |
tee had the powers that had been eXer-
eiSed in seizing the books. Then Sen
RtOr Donnelly took recourse to Cush- |
lng's manual, the authority under which |
appertalnlng to the points at issue were |
found.
Quoting Authorities.
To show that the rules of practice in |
courts at law were reversed, this section /
from the manual was read by the Sage: |
A witness cannot excuse himself from an !
Ewering on the ground that he may thereby /
subject himself TO a civil action, or expose |
himself to a criminal prosecution, or be-
cause he has taken judicial oath as a grand |
Juror, for example. or a voluntary oath as |
Free Mason or an Orangeman, not TO disclose |
the matter about which he IS to testify. or !
because the matter was privileged commu-
nicauOn to him, as where an attorney is
called upon to disclose the secrets of his
client, or OH the ground that he is advised by
counsel that he cannot do so without incur
posing himself TO a civil suit.
This section from Cushing's Manual |
relates to the problem, and Senator