The Saint Paul globe., 1897-05-28
GOT SOME TIPS YESTERDAY.
Ht
TUESDAY, JUNE f., AGREED UPON
AS DATE of STEVENS
TRIAL.
WILL THE INDICTMENTS srANDs
= . = ~
What Some of the Prominent AttOr.
neys Think About the Question
of Lindquist's Citizenship.

to the consideration Of the banks yes
terday. Instead, it varied the usual
programme by indulging in an outing
and visiting the workhouse, city hospi-
tai and other public institutions.
No witnesses appeared before the
grand jury during the half hour it re-
noon. Assistant County Attorney Zoll-
man was called in at 2:15 p. m and re-
mained with the jury until about 3
o'clock, when the grand jurors organic
ed into several committees, and the
committees started on their respective
investigating tours. The grand jury
will meet at 2:15 p. M. today as usual.
1t is reported that they will submit a
final report today.
County Attorney Anderson and
Pierce Butler, attorney for F. c. Ste
vens appeared before Judge Lewis
during the afternoon and asked the
at date convenient to both parties.
1t was agreed that Tuesday, June 8,
would be a suitable date, and the court
accordingly set thescase for that day.
The motions to quash the indictments
against William Bickel, Albert Scheffer
and Alfred S. sKittson, based on the
ground that John sLindquist, a member
OF the present grand jury, was not a
fuu-hedged American citizen when
drawn to serve on the grand jury, have
occasioned someEdiscuSsion as to WEeth-
er Mr.. Lindquistt is aaulified to serve on
the present grand jury.
The facts are these When Mr.. Lind
qufst was drawn last April to serve on
the May grand Jury, he had not taken
out his second papers. Neither had he
his second papers. when served. He
secured them two OF three days later,
however, and prior to the time that he
was sworn in as "a grand juror. But
the constitutional amendment adopted
last November making 1t necessary for
every man to take ieut his second papers
before he can become a citizen, also
provides that no citizen can vote un-
less he has been fsuch citizen for the
period of three months next preceding
any election In. other words, as many
lawyers contend,i until three months
have elapsed after the taking out of
his second papers the citizen does not
become qualified elector. This at once
raises the question:, whether person
who is not a qualified electoT can serve
on the gand jury II an election were
to be held for instance, this month,
ing taken out his second papers three
months preceding such election, And,
if he could not vote today, then he is
not yet a. qualified elector, and. that be-
ing the case; ;ft MS -Gontendedo by good
legal authority, tiaatz1 is net vet quail
fled toiserNe on tls present grand jury
The statute prescribing the eonstitu-
tion of thelgranda jury, its plsthods of
procedures ETC., declares that "quaH-
fed electors may be- drawn to serve ON
such grand jury. ys-
The section providing for challenging
grand jurors names as one of the legal
grounds for challenge this one: eThat
he is an alien" County Attorney An
derson contends that if the Juror is a
full fiedged citizen at the time he is
subject to challenge, and Lindquist was
such at that time, then no challenge
would lie, and consequently no motion
to quash the Indictment on that ground
could be entertaine But the question
still presents itself, does a man become
full fedged citizen the instant he
has secured his second papers, or does
he have to wait for three months?
Several attorneys construe the provf-
sion regarding the lapse of three
months as applying only to the exercise
of the elective franchise, and maintain
that for all other purposes person
becomes citizen as soon as he takes
out his second papers.
The district court of this county has
applied this construction, or at least
seemed to take this view so far as
petit jurors in civil cases are con-
cerned In the case of petit juror,
if it is found after service of the sum-
mons, that the man so served is not a
full citizen, the judges of the district
court have in all civil cases permitted
such man to take out his second pa
10 PI1h in,
criminal cases, unless the party served
had taken out his second papers prior
to such service, the court has not per-
mitted such person to be sworn in.