The Saint Paul globe., 1896-12-08
THEY WANT BROWN.
Kandiyohi County Capitol Fighters
Seek a New Judge

Seek New Judge.
After having dealt themselves the
highest possible hands in the proposed
removal of the state capital to Kandf-
yohi county, Swan j. Eleckton and
others, plaintiffs in the case. came
before Judges Kelly and Willis yester-
day through their attorney, John F.
Kelly, in the injunction proceedings
against III. w. Lamberton ct AL, and
declared in an affidavit that the game
in which they are engaged could not
progress fairly under the supervision
of the Ramsey county bench. Prejudice
and bias is alleged against each judge
of the Second district, and an order
is sought appointing Judge c. L.
Brown, of Stevens county, to hear it.
The proceedings are regarded in some
quarters as farcical in the extreme,
though the action of the Kandiyohi
people is permissible under the law and
an outside judge will be called upon
to try the suit although his identity
has not yet been decided upon.
The light over the removal Of the
capital, though started by Willmar
people, was begun in Polk county on
the ground that the action of the
Capitol commission in erecting the new
capitol in ST. Paul is unconstitutional
A change of venue was obtained to
the court of Ramsey county, and now
the plaintiffs accuse the judges Of the
court before which they sought to have
the matter tried Of being unable to COLI
duct the case fairly because Of an
alleged interest which they might have
in retaining the capital of the state in
st. Paul. The law provides that in
belief of prejudice or bias in a judge
before whom a civil action is to be
tried, affidavit to such effect shall be
presented to the court or judge before
whom the cause Is appointed on the
calender and forthwith such judge
shall procure the services Of some
other judge before whom it shall be
tried. The Kandiyohi people have
taken advantage Of this provision and
desire to be heard before Judge Brown,
in spite of the fact that he is a mem
Der of the bench for the sixteenth judi
cial district wherein it Is proposed
to locate the new capital
When Attorney Kelly presented the
affidavit to the court Attorney General
ChildS took occasion to enter an ex-
ception to the attack upon the impair
tiality of the Ramsey county bench by
opposing the request contained in the
instrument. Mr.. Childs did not coun-
tenance any implications being cast
upon the judges of this district in so
trivial matter and remarked to that
effect plainly and with emphasis So
far as trying the case was concerned,
he was perfectly willing that it should
De neard py any Judge whatsoever, but
his faith in the bench of Ramsey coun-
ty was such that he did not entertain
the least fear Of prejudice ever so slight
In conducting the case before them in
accordance with the change of venue
Should the case occupy any consid-
cradle time in being heard by an out
side judge the proceedings will raise
the question of how to meet the ex-
penses of this official. The law makes
no provision for this contingency. and
the travelling expenses and hotel bills
of the visiting judge will have to be
betrayed by that official himself, un-
less the judiciary of Ramsey should
decide to club together and make up
purse for his entertainment