St. Paul daily globe., 1893-03-23
THE HOUSE TAKES 1T UP,
And Names a Committee to Inves-
tigate the Brill Incident.


And Names Committee to Inves-
tigate the Brill Incident.
Immediately on the house of repre-
sentatfves being called to order after
recess yesterday, Mr.. Fleming asked
unanimous consent to introduce reso-
luton. There was no objection, and
the resolution was read, as follows:
Whereas, 1t has been represented to
this house that On the 2lSt day of March,J
A ID. 1893. at the city of st. Paul in this
state, Hon. II. r. Brill, one Of the judges
of the district court in and for the cOun-
ty of Ramsey, i'll open court did order
and require Hon. Hiler FL. Horton, a
member of this house. to appear before
him, the said Ii. X. Brill. at the bar Of
his court and did then and there, i'll vi
olation of the provisions of section OF
article of the constitution of this state,
question said Hiler II. Horton for
speech and debate made and spoken in
this house by him, said Horton. while
member of this house, and did then and
there reprimand and threaten the said
Horton for the said speech and debate,
and by so doing did put said Horton in
great fear, and Inundated him before
the public, and in violation of the con-
stitution of this state, and in utter dis
regard of the rights of said HIler II.
Horton as a member of this house;
Therefore, Resolved, That commits
tee of three be appointed by the speak.
er to inquire into the said matters, with
full power and authority to summon
and examine witnesses, administer
oaths and like testimony, and make
speedy report thereon to this house,
with cunh atiOnc IN than
seem proper in the premises.
Mr.. jacobson seconded the motion of
Judge Fleming that the resolution be
adopted.
Mr.. Horton said he appreciated very
deeply the feeling in which the resolu-
tion was offered. He would have the
house bear iE mind. however, that he is
member of the Ramsey county bar,
and in pursuit of his chosen profession
would have to practice before that
court, probably for a good many years
to come. He said he did not desire to
aggravate or keep alive the unfortunate
differences which had arisen between
the courts and the legislature. In the
words he had spoken OIL the floor of the
house he held he had not uttered one
word that could be construed as
outside the legitimate bounds of
debate or in any way casting re-
Elections upon the court. After
reviewing the circumstances of the fa-
nous case, he expressed the fervent
wish that the house would now allow
the matter to drop. If the proceeding
were carried further, he alone would be
the sufferer, as he alone had suffered
the rebuke of Judge Brill. In conclu-
sion, MI. Horton made very earnest
plea that the house would take no fur
ther action in the premises.
Mr.. Fleming said he did not think dis
cussion of the resolution was necessary.
He desired simply to call the attention
of the house to section of article of
the constitution, which he read. Con-
tinuing, he considered the house could
not afford to let the cOntumely offered
to one of its members go unheeded 1t
was not question personal to Mr.. HOr-
ton or any other man, and in behalf OF
the most vital interests of the state the
resolution should be adopted.
Mr.. BoggS said he had been one of the
conservative members of the investi-
eating committee up to the time of the
seizure of the books, but they had un-
covered state of affairs which had
been SOlemnly denied. NOW. Sir,'' said
Mr.. BoggS, 'in consideration of the
gross insult that has been put upon an
honorable member of this house, and an
upright citizen of this state, certainly
hope this resolution will be adopted"
Mr.. Fletcher had no wish that the
house should take any action which
would embarraSS the gentleman from
Ramsey. Much as he respected the
courts, and great as was the respect in
which he held Judge Brill personally,
he considered the Judge had forgotten
his duty in the effort to intimidate
member of the bar and of the house OF
representatives. Such conduct should
be rebuked and lesson administered
that would prevent a repetition of the
otfense by any man.
Mr. Mcguire felt they had reached an
important crisis, and that the resolution
was very important one. He believed
in proceeding calmly and in a dignified
manner, but all the power possessed by
the legislature should be eXerted to up
hold the plain provisions of the cOuSti-
tuition made for the protection of Its
members.
Nj. Leonard believed in respecting
the dignity of the court, but the dignity
of the legislature should also be re-
spected. Judge Brill had plainly trans
gressed his delegated power in "calling
down" member OF the house for utter
anceS in debate, and such uuwarranted
the passage of the resolution.
Mr.. Ives urged the utmost caution
and care in proceeding further in the
matter. He desired the resolution
should be altered in several sentences
which he specified. wherein it was as
serted Mr.. Horton had been threatened
aud placed in fear.
Mr.. Winston sent up what he UNDER
stood to be the exact language used by
Judge Brill in reprimanding Mr.. Hor-
ton, which was read. Commenting
thereon, Mr.. Winston said if that was
not threatening and calculated to in
spire fear, he did not know the meaning
of language.
p. III. Kelly spoke earnestly to the eff
feet that the courts should be made to
understand it was not right or just to
allow an attorney to use his privilege in
such a wantonly abusive manner as was
done in Judge Egan's court. AS the
legislature created the court it should
take care the court did not abuse its
powers.
Mr.. Rodger said he had no feeling in
the matter, but he presumed the power
of the legislature was greater than that
vested in the district court. While he
had the greatest respect for the judges,
it was dangerous to the liberties of the
people to allow such proceedings as
those mentioned to pass without decided
Mr.. Underleak believed the resolu-
tioh should prevail, but he hoped when
the committee was appointed it would
be extremely careful in its proceedings.
MIR. Ives said that possibly the resOlu