St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1895-04-12

what would appear to be insufficient
ground, excluded from that grand jury
with the knowledge and consent of the
judge, and two other persons, Void and
Finkey, were, without haing been sum-
moned, ano without having been sworn,
suffered and allowed to take part in the
deliberations of that grand jury, in
place of the jurors SO excluded. From
the testimony of many witnesses, it ap-
pears that the judge was seeking to OBJ
tain, and did obtain, knowledge of what
evidence and what proceedings were
taking place and introduced before
both the two grand juries above re-
ferred to.
AS to the twentieth specification of
the petition, the facts are as alleged
in the petition.
AS to the twenty-first specification
of the petition, no evidence was sub
mitted.
The naturalization record of Polk
county shows gross irregularity in the
issuance of naturalization certificates.
1t appears from the record, and nurner-
GUS orders of the Judge, that it was his
practice to have persons go before him
at his chambers at present, and there
the judge issued orders directing the
clerk in many cases to issue certificates
of naturalization to various persons
specified in such orders, and in some
instances threatened the clerk of court
with punishment for refusing to issue
certificates of naturalization on such
orders; and in other cases knowingly
violated and disregarded the laws of
the United States relating to naturali-
cation.
Your committee find from the evil
dence and the conclusions stated that
the said Frank Ives has arbitrarily eX-
ercised the powers of his Office in disre-
gard of the rights and liberties of citi-
zens of the state of Minnesota, and
contrary to its constitution and laws.
Your committee therefore recon-
mend the adoption of the following
resolution:
Resolved, That Frank Ives, judge of
the district court of the state of Min
nesota in and for the Fourteenth Judi
cial district, be impeached for corrupt
conduct in office, crimes and INSIDE
meanors.
/. THE MINORITY REPORT
!, is as follows:
A minority of the judiciary COM
m1ttee, being unable to fully concur in
the report of the committee in relation
to the matters referred to said COM
mlttee by a resolution of the house of
representatives, which resolution di-
rected an investigation into the official
conduct of Frank Ives, judge of the
Fourteenth judicial district of this
state, beg leave to submit for your
consideration the following report:
flrst-That as to specifications
numbered 1, 2, 3, 5, 6, Z, 10, 16, 20 and q.
we fully agree with the majority re-
port; that neither said charges nor the
evidence taken in respect to the same.
or either of them, if true, would war
rant the legislature in further investi-
eating the same, and that they are
not OF sufficient gravity and do not
constitute criminal or corrupt conduct
IN Office of the character to warrant
proceedings of Impeachment.
Second-That as to Specification NO
in said charges we cannot agree with
the majority and do not find the Same
to be true in the sense that it consti-
tuteS criminal offense or corr,lnt con-
duct in office of sufficient Importance
10 warrant the house of representa- tives
IN preferring charges of impeac hment
against him. While we admit that the
conduct of Judge Ives in the several
cases against Herringer and others
was not, perhaps, in strict conformity
10 law, yet the evidence shows that
the defendants pleaded guilty of the
crimes for which they were indicted.
that Norman county had no Jail in
which to lodge its prisoners: that the
defendant had previously been con-
Nicted under municipal law and .by.
municipal authority for the same Of
iense; also that the county attorney.
as also the defendants attorney and
others joined in request to the court
IiiaI 'he defendants pay a fine and be
released which course we believe to
nane peeh the practice more or less in
inherent courts of the state at the
.,iiie' therefore, we cannot concur in
me majority report or come to the con-
eiueion that Judge Ives Intentionally
committed any crime or is guilty. of
9uch corrupt conduct in office as VIII
warrant proceedings of impeachment.
NO CRIME COMMITTED.
Ihlrd-As to the eighth specification.
Whlch charges that said Frank Ives
mace In open court certain statements
regarding one Mr.. Montague. an attor-
hey pracucing in his court, we are Of
the opinion that neither the charges
specified nor the evidence shows anv
crime whatever to have been COM
mltted, nor do We believe that the state
ments, II made, show such corrupt con-
quot In office as will warrant impeach-
| ment proceedings; for it should be re-
membered that court has such powers
over Its officers as will insure order
| anu aecorum IN It's proceedings, and if
! any wrong was done to Montague. the
| law Will afford to him a civil remedy.
Fourth-As to the ninth specifica-
tlon, we cannot concur in the concIu-
| slons arrived at by the majority, vet
| we admit that the arrest of Russell.
Qu1gley and Dwyer for contempt was
rather an unusual proceeding in courts.
The majority of your committee
seem to think that the essential part of
the proofs in this case rests in the rec
| ords in the case, while we of the minor
1ty wholly differ in this particular. The
records only disclose the proceedings
and so far as they are concerned. give
no clue as to the motive of Judge Ives,
nor do such records disclose any of the
surrounding circumstances in which
| the judge was then placed The evil
dence of witnesses further discIoses the
| following circumstances:
| THAT the court was then in session
at Crookston, and had been for some
days. That the regular panel of the
grand jury had reported that they had
finished their labors and were dis
charged. That at East Grand Forks.
in said county, there was, and had
been for some time prior thereto, con-
tinuous and notorious open violation of
the laws. That the place was full of
saloons, saloonkeepers, gamblers and
houses of prostitution-that they were
running under what is called a wide
open policy; and further, that the mu-
nicipa1 authorities had full knowledge