Jamestown weekly alert. [volume] (Jamestown, Stutsman County, D.T. [N.D.]) 1882-1925, 1896-04-02
INDICTMENT QuASHEO.
Accusation and Indictment
Against Trustee Mon
tague Quashed.
Judge Templeton's Decision
Granting Motion of Mon
tague's Attorneys.

tague'S Attorneys.
Attorney s l.. Glaspell received Satur-
day the announcement Of Judge Temple.
tons decision IN the Montague case. The
Judge fully and clearly sustains the
positions taken by Messrs. Glsspell and
Z Camp, the defendsnt's attorneys, who 90
ably established and presented the lat
ter's case before Judge Templeton and
who have been sustained 90 decidedly in
this now celebrated litigation IN both
the supreme and district courts Of the
state.
The charges against Mr.. Montage are
almost universally believed to be frivo-
lous aDd inconsequentiaI, but being
made under the due form of law, were
given an Importance entirely out Of pro-
portion to the grounds on which they
were based. This view has been sus-
tanned by the courts, and the positions
taken by the defendsnts attorneys have
been held sound.
The following is the substance OF the
Judges decision on the motion to quash
the indictment against Montague.
Memorandum OF decision on motion
to quasll accusation and indlctenment
in case Of the state of North Dakota
against Alexander Montague.
Was Peter Albreoht, one of
the grand jurors who presented
the accusation end found the
indictment against the defendant, quail
fed to act? II not the motion to quash
must be granted, for the defendant had
not been held to answer and he has not
waved the objection now urged.
Section. 8OS2 Revised Code. It is
we'll settled that ono disqualified person
acting az grand juror vltlates the whole
; panel. Mr.. Albrecht was born in Rus
sia, emigrated to the United States IN
1893, resides in Stutsman county, and
possesses the qualifications Of an elector.
Upon arrival IN this country he declared
his intention 10 become citizen Of the
United States, which is the first step
prescribed by congress in the process OF
naturalization. :. The second step he has
not taken aud cannot take until the ex-
piration of five years from date of bis
arrival in this country.
Sec. AL, revised codes, defines who are
qualified to act as grand and petit jurors.
Among other requirements is the one
that the juror shall be citizen. The
word ''citizen' 'xhas been defined by the
legislature Section II revised codes.
1t Is conceded that Mr.. Albrecht is not
within the definition; but it is urged by
tho attorney for the state that the word
"citizen' is;used, in this connection, in
the sense Of. inhabitant. OF resident. l
cannot adopt this view. It must be ad-
mitted that the word ''citizen" may be
used IN some places with different
meaning from that of the legislative
definition. I believe this to be the cor
rect rule. When the law makers have
defined a word, in plain language, as in
this instance, such definition should be
adopted by the courts unless from the
context it is clearly apparent that
different meaning was intended.
It cannot be said that 1t is clearly ap-
. parent that the word "citizen" as used in
Sec. AL revised codes, is synony mous
with the word inhsbltant or the word
resident.
In fact, II the statutory definition of
the word is to prevail at all, can con-
ceive of no case where 1t would be more
likely to be used IN ito defined sense
than when specifying the qualification
OF jurors.
The accusation and indictment will
be quashed.
Dated March q, A. D. 1896.
CHARLES F. TEMPLRToN,
Judge.