The Mankato free press. [volume] (Mankato, Blue Earth County, Minn.) 1879-1924, 1893-03-24
LEGISLATURE VS.. COURT
The Coal Combine Investigation
Still the Leading Topic Of
Discussion.
Richard A. Walsh, Chairman Of
the Committee, Cited to Ap-
pear in Court.
Judge Egan May Be Summoned
to Appear Before the Bar
of the House.

ST. PAUL, March 20.-The warfare of
the coal combine, the courts and the
legislature was waged with great fury
Saturday, and the net result of the days
fighting is an almost inseperable breach
between the legislature and judicial
branches of the state government.
At 10 a. m. Basil Smout, sergeant-at-
arms of the house and his assistants were
summoned before Judge Egan, of the
district court of st. Paul, and asked to
show cause why they should not be
punished for contempt in refusing to
deliver to Sheriff Chapel OF Ramsey
county, the books and papers seized
from John J. Rhodes on Wednesday.
Mr.. Smout
Excited the ire Of the Court
and the attorneys for Rhodes by step
ping to telephone in the court house,
just before the opening of court, and
telephoning Robert A. Walsh, a mem
Der of the joint legislative coal investi-
eating committee, telling him that the
letter books were in the treasurers Of
fee and formally turning them over to
Mr.. Walsh. Deputy Sheriff Reichow
was dispatched in hot haste to the CAPT
toll with an order to bring the books to
the court house, but he was not quick
enough, as when he reached the capitol
Mr.. Walsh had secured the books and
had the whole house of representatives
back of him. A resolution was at once
introduced in the house by Representa-
tive Cole requiring Judge Egan to APP
pear in the house and show cause why
he was OBTAINING the ergeant-at-arms
of the body from attending to his duty
This brought the
Excitement TO High Pitch,
but Representative Staples cut short
the proposed summary proceedings by
giving notice of debate and the resolu~
ton went over. In the meantime, in
the district court, G. d. O'Brien, speak
ing for General Manager Rhodes, ex-
coriated the legislature without mercy
for what he termed It's outrageous and
illegal action. Judge Egan decided
that while he was disposed 20 punish
Sergeant-at-Arms Smout, he could find
no statutory for so doing. He followed
Mr.. SHOUTS discharge with an order
citing Representative Walsh, of the
joint COMMITTEE, to appear before him
with the letter books. The clash be-
tween the legislative and judicial
branches Of the state government is.
therefore, complete, and there are all
sorts of sensational rumors as to what
will occur, one of which is that the leg
islature will cripple the district court
by passing bill cutting off the salaries
connected with the district judgeships.
Will Keep the Books.
The situation is now one of determin-
alton on the part of the combine
and of defiance on the part of the
legislature Upon the citation of Judge
Egan, Richard A. Walsh. chairman
of the committee, and now in posses
sion Of the letter book of John J. Rhodes,
will appear in court and admit that he
is in possession of the book, but will re-
fuse to give it up and read to the court
the resolu tons of the legislature au-
thorizing the committee to keep it. If
decided in contempt and ordered into
the custody of the sheriff, Mr.. Walsh's
fight will be taken up by the legislature
and habeas corpus proceedings begun
before the supreme court, which body
| is eynecte0 TO order his release on the
ground that member of the legislature
cannot be arrested during session of
the body to which he belongs
Except for Felony.
If success crowns the legislatures eff
forts to this extent the rest of the way
will be pretty plain sailing. The evil
dence of the coal dealers, together with
the letter book of General Manager
Rhodes, the latter completely contra
dictory of the former, will be put into
the hands Of the grand juries of both
St. Paul and Minneapolis and it is ex-
pected indictments will be brought for
both criminal conspiracy and perjury.
Chapter 10 of the general acts of 1891
makes it unlawful for individuals. part
nerships or corporations to combine to
fix the price of oil, lumber, coal, grain,
-four or provisions; makes all parties to
such a combination guilty of conspiracy
to defraud and provides that all persons
found guilty of violation of the act
shall be punished by fine not to ex-
coed 5000 and stand committed until
such fine is paid.