The Redwood gazette. [volume] (Redwood Falls, Minn.) 1873-1940, 1894-02-15
AROUSED THE PEOPLES RAGE
The Legality of S. L. pierCe's E1eC-
toned Questioned by the
Electors.
The Cases Against Watson, Et al,
Continued Until Childs
Decides.
The People Up In Arms Against
this InvaSion--t Penal
Code.

nest last week by questioning the le-
gality of the election of S. L. Pierce,
of St. Paul, as county attorney of
Redwood county. Attorneys all over
the State have interested themselves
in the point, as evidenced by the fact
that the press generally is comment
ing upon it, the comments being
strongly in favor Of the point raised
by this paper, that the commissioners
have no greater power than the peo-
pie, and consequently cannot go out
side of the county for regular coun-
ty attorney.
So grave was the question cast on
legal waters by this paper that the
cases against Ebb. Watson, Grant,
Starer and Rohrer, accused of steal
ing harness we're continued until Feb.
10th when they where called in the
Municipal Court last Saturday, the
cases having originally been set for
Friday and continued over, the legal
ity of Assistant County Attorney
Pierce to act on the part of the State
having been questioned, and in order
to give him time to ascertain whether
he had any right to act, the continu-
ance was granted. Mr.. Pierce at once
commenced to look up constitutional
and State law, and Supreme Court de-
cisi ons, and his findings were evident
ly not very satisfactory to him, as
when the cases were called at ten
o'clock Saturday morning, he moved
to continue them for ten days, and
when Judge Baldwin, on behalf of
the dafsndbnts made y kick against.
the ceatislance, speaking Of the
wrong done by confinement in jail of
his clients, and the additional expense
to the county, Mr.. Pierce stated
frankly that the reason of his asking
for the continuance was that the
county might not have legal repre-
sentative in him, and hence a convic
tion might not be legal one. Judge
Baldwin and Judge French hoped
that the State would be ready for
business in ten days. Grant, Starer
and Rohrer were committed to the
Nicollet county jail. Judge Baldwin
asked that Watson be allowed to go
on his own recognizance. This was
refused, but Judge French reduced
the amount Of the bail from $500 to
$500, which Watson furnished.
After the postponement Mr.. Pierce
stated to the GAZETTE reporter that he
had grave doubts as to the legality of
his fathers appointment, and conse-
quently his own. With those doubts
in his mind he could not consistently
go ahead and try the cases, only to
have conviction knocked out in a
higher court.
A prominent attorney, residing in
the judicial district calls our attention
to decision handed down by the Su-
preme Court some years ago. 1t ap-
pears from the decision that Seagrave
Smith came to Minnesota from anoth-
er State and before he had obtained
the right of being an elector he was
placed on one of the tickets for county
attorney of aennepin county. He
was elected. The constitutionality of
his election was at once raised, and
the Supreme Court asked to pass on
the same. That body, in unanimous
i.decision, decided that person not
legal elector at the time of his cleo
ton, could not be legal occupant of
the Office to which he was elected, ,and