St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1894-01-07

kemarkabie Provisions or the
Enactment EXempting Legis-
lators From Liability, Past or
Future, on Account of the Seiz-
ure OF Rhodes Books, Also OF
tho Law Saddling Expense on
the State.
The coal combine matter bobbed up
again yesterday in the district court.
Judge Otis listened to motion to set
| aside the Judgment entered in the clerks
office a few days ago for $500 Ill favor
| of j. j. Rhodes against Ignatius Don
| nelly and others of the legislative COM
mittee. Harris Richardson argued the
| motion on behalf of the honorable gen
| tlemen of the legislative committee, and
| Thomas ID. O'Brien appeared for Mr..
| Rhodes. The claim was made that the
judgment should be set aside to give
the defendants an opportunity to file an
| answer and contest the case. Mr..
/ O'Brien teOk the position that the de-
| PENDANTS had no one bun themselves to
| blame for not having answered in the
| ease before, or asked an extension Of
| the time in which to answer. After
| several hours argument the case was
taken under advsement by Judge Otis.
Apparently the laws passed last win
| ter by the Legislature after the seizure
| of the books of Mr.. Rhodes and after
! his suit for $4,000 was begun will not
avail to deprive Mr.. Rhodes of his rights
| i'll the courts. 1t is possible that the
members of the committee will not suf-
fer in damages, however, as the legisa
| ture made provision for paving any
| judgment that was anticipated against
| the committee, as well as making pro-
vision for prosecuting Mr.. Rhodes and
others. There is a strong presumption
that both laws will hardly go through
the cruciOle unscathed, as they contain
| some rather remarkable provisions.
The act approved March 81. or few
| days after the seizure Of the books, con-
tain> the following provision: "When-
| ever in any action heretofore or here
after commenced in any court in the
| state against any member or members
| or officer or emplOye of the legislature
it shall appear that the cause of action
arises from or is based upon any act or
transaction performed by him or them
i'll the performance of his or their duties,
it shall be the duty of the court in which
the action is pending to dismiss the
same forthwith as to said party or par
ties upon motion at any reg ular or
special term of said court; ana any
Judgment rendered i'll any such action
shall be void" The act provides also
that proceedings of the legislature Or
committee shall be competent evidence
III mitigation of damages or in justifi-
cation of the cause of action set out IN
the complaint. The act took effect
from its passage.
Another act, approved April 1, ap-
pIoprlateS $4,000 for the purpose of de-
fraYlng the expenses of whatever name
or nature, therefore incurred or after
wards to be incurred by r. A. Walsh.
L. BJorge, James A. Boggs, Hitler Ii.
Horton, William Lockwood. Frank l..
Morse, }. w. Wells, j. Schatfer and
BAIL Smout, in defending any and all
actions heretofore or thereafter COM
menced by j. S, Rhodes, or any other
| person, company or corporation against
the persons named, and TO pay any
Judgment rendered against them, or any
OF them, in such actions. Wells, Schaf-
fer and Smout were assistant sergeants-
alarms in the house and senate The
others were senators and members of
the lower house. The appropriation is
also authorized TO be used in the prose-
cution of Rhodes in the name of the
state of Minnesota. The governor was
authorized to employ counsel and fix
the pay of attorneys for services in
assisting the attorney general in prose
cutting Rhodes for combining to increase
or maintain the price OF coal.