St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1894-06-11
JENKINS IS DEFENDED.
HIS CONCLUSIONS CAN'T Be re.
VIEWED EXCEPT JUOgclaLLE
JUDGE POWERS EULoc1zED.

csAe4:.f
Col. w. F.. Dodge. OF Minneapolis
Attorney for the Great North
ern Railway Company, Gives
His Views - An Interesting
Interview with Well Known
Lawyer on o Famous Case.
Col. w. E. Dodge, of this city. attor-
ney for the Great Northern road, was
seen by GLOBE reporter yesterday
now famous jenkins case was referred
to in connection with the recent action
of Congress-.
Referring to the legal aspect of the
case Col. Dodge spoke as follows: 5o
I'm the minority report of the congress
sional committee on the jenkins case,
reported this morning, 1 recognize the
handiwork Of Hon. Henry Powers.
member of congress froin Vermont: and
in it recognize the loyal ring of true
Green mountain sentiment, in which
there Is nothing false, nothing opti-
mistic and nothing fiavoriug of social
ism or disloyalty.
! supreme court of the state. and, in my
opinion, one of the aDlest lawyers and
Jurists New England has ever produced.
To every ci.iZen who has the welfare of
the country at heart, who does not be-
lieve In the overthrow of the govern
ment. in reconstruction and redistribu-
ton of property, his argument will be
! recognized as unanswerable.
1.-THE majority of the committee criti.
cised Judge Jenkins decision by reason
of charges made against him TO the eff
feet that he was corrupt, and Influenced
and oyer-persuaded by representatives
OF the railroad company, including per.
SONS who were related to him by blood.
The finding of the majority of the COM
| mittee was that he had no corrupt in
tent; that he sincerely believed in his
| conclusions of law, and that he was
| honest In his Interpretation of the 1aW;'
but, by reason of the fact that major
| ity of The committee of the lower house
of congress believed that he had erred
in his Interpretation of the law, they
took it upon themselves to censure him.
criticise and condemn his honest de-
clSion, and thereby usurp the functions
of all appellate court
Congress had already created such a
court, and at the time of the rendition
of this minority report the case had
| been appealed, and was already Sched-
uled for review by the United States
circuit court of appeals. whose duty it
was to pass upon the very question that
the majority of the committee have un-
dertaken 10 pass upon.
st would seem to follow that the as
sumption of the right to criticise. ha-
rass and reprimand Judge Jenkins as
sumed by majority of the committee,
is base usurpation, and the language
OF the minority of the committee is well
chosen. to wit:
'.1f. as the committee says, the testi-
mOny adduced before US fails to show
any corrupt intent on the part of the
| Judge: If, also, it is altogether possible
that he sincerely believes the order
granted by him was sanctioned by law.
then the question should be left to the
appellate tribunal. A federal judge in
the exercise of his functions. having
arrived at conclusion without any
corrupt intent-a conclusion he sim
cerely believes thought hardly to be
harassed by a congressional committee,
since he is quite as likely to be right on
point of law as they.
| "If congress is to take upon itself the
task of criticising every decision of the
federal Judiciary not sufficiently social
istic in Its tone to meet the approval OF
the constituency of its members, or some
of them, where is the line to be drawn
between the legislative and the judicial
| department of the government?