St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1896-02-11
REPORT TO THE GOVERNOR
BY DEPUTY PUBLIC EXAMINER
WEST YET REMAINS A Sc
CRET.
COMMISSIONERS ARE UNEASY.
They Wanted a Special Board of In
curry Delegated to Look Into
the Matter.

Ill WHICH lIle lIlN6SllSdllOn u
the Office of Judge of Probate Benson,
Of that county, has been conducted, and
of the incidents attendant thereto. In
the first place, Judge Benson was a
good Populist; but his brethren Of that
faith claimed that his work had become
SO coarse that even they could not
stand it, and they set about investigat-
ing his methods. Then two of his
bondsmen, John Cromb and A. D. Ste
phens, both prominent Republicans,
withdrew from his bond. The commit
tee appointed through the votes Of the
Populist members of the board of coun-
ty commissioners discovered that they
had no authority to investigate Judge
Benson, so they voted for a resolution
calling upon Gov. Clough to do his duty
in the premises. The three Populist
members of the board favored investi-
eating and the other two, a Republican
and a Democrat, opposed.
Instead of appointing a commission,
Gov. Clough dispatched Deputy Pub
lie Examiner West to conduct the in
vestigation. The parties who had griev-
ances did not like this. especially after
Benson had renowned the Populistic
belief and declared himself to be a
good Republican. His ex-bondsmen
were staunch Republicans, and If there
had been anything Illegal committed
while they were sureties on Benson's
bond they would be held liable therefor
At the present time the burden Of
proof rests upon Gov. Clough, and
those who make charges against Judge
Benson are impatiently awaiting his
decision in the matter. 1t is commended
that Gov Clough should have appoint
ed a commission to investigate the
charges against Judge Benson when he
received the resolution adopted at the
meeting of the board of county COM
missioners Jan. Z. In support of this
contention they point to section 1914 of
chapter of the General Laws of 1894,
Vests statutes, which reads: when
ever charges are duly made against
any officer under chapter 9 OF the Gen
eral Statutes and acts amendatory
thereto. relating to designations, vacan-
cies and removals, the governor shall
appoint special commissioners to take
and report testimony, for and against
such officers, to be used in determining
his guilt or innocence"
They claim that this is mandatory
and that no authority exists for dele
eating that duty to the public eX-
aminer or his deputies, but that the
governor must appoint special COM
missioners.
This investigation would be prelim-
mary to action under section 1913 of the
same statutes, which reads: THE gov,
ernor may remove from office any Judge
nP rlrnhata (a1sn nthar whom
ever it appears to him by competent
evidence that he has been guilty of
malfeasance or non-feasance in the
performance Of his official duties; first
giving to such officer a copy of the
charges against him and an opportun-
ity to be heard in his defense"
The trouble began at the meeting of
the board Of county commissioners on
Dec. 8, when a communication was re-
ceived from John Cromb and A. d.
Stephens, in which those gentlemen ap-
piled Ito be released from further liza
bility as the sureties on the bond OF
c. NJ. Benson because they have in
the course Of their business, assumed
partnership relations whereby they
are prevented and debarred from act
ing as sureties upon this official bond
and various other obligations; and
they cannot continue upon said bond
without violating their said partner
ship agreements and obligations and
thereby sustaining serious loss and in
jury in their business" Messrs. Cromb
and Stephens were released, and a
new official bond, with John e. Strons-
more, O. O. Estenson, Olaf Erickson,
Goodno Lee, John Stevenson, Ii. b.
Laughlin, John Gilbert, Ole Larson,
Aufin Brekke and Samuel Thoreson
as sureties, was accepted. The next
business of the board was the con-
sideration Of the following resolution:
Whereas, Certain reports have been
brought to the attention of the board
of character rejecting upon the Of
fetal conduct of Hon. G. M. Benson
judge of probate; therefore, be it
Resolved, That a committee of three
members of the board be appointed
with instructions to thoroughly in
vestigate the matter 50 reported in a
report to the board at its next meet
ing"
The report was adopted va vote of
3 to 2. The three Populist members
Chairman Oppegaard and Commits
sioners Norland and Linden-voted in
the affirmative, and Commissioners
Rhinehart Rep) and .Kirsch Dem.)
voted no. The committee appointed
was Messrs. Norland, Kirsch, Linden
and Chairman Oppegaard.
Ae the meeting of the board on Jan.
7 the committee reported and recon-
mended further investigation by
properly authorized commissioners.
The report was adopted by the same
vote that prevailed when the commit
tee was appointed. Then Chairman
Oppegaard offered the following reso-
luton:
Resolved. That the county auditor be in
Structed to forward CODY of the report OF
the committee appointed by the board at a
meeting held by the board Dec. 5, 1896 to
investigate into certain charges and irregu-
larities and improper conduct in reference to
the conduct and business Of Judge of
Probate G. NJ. Benson. Of this county, and
ask his excellency, the governor of the state
Of Minnesota. to take such means as may be
necessary and proper to an immediate in
vestigation into the official conduct of c. NJ.
Benson as judge Of probate of Polk county
with view to either exonerate him from the
charges which have been circulated against
him. or, If such charges be found true that
proper action may be taken In reference
thereto for the protection OF the interests of
the people and the preservation of the char
acter of the judiciary generally"
Once more the three Populist mem
bers stood together and voted in the
affirmative, while Messrs. Rhinehart
and Kirsch voted no. The report was
duly transmitted to Gov. Clough by
meeting, Jan. 7, the second set of
bondsmen, with the exception of Aufin
Brekile. asked to be released from fur
Their liability as sureties on the bond
Of Judge Benson. At the meeting of
the board on Jan. % the third set OF
bondsmen qualified. The last detach-
ment OF sureties is: Daniel Johnson.
Nick Hoffman, Lewis e. Larson. T. J
Cernouseck, Matthias Anderson, Axel
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