Bismarck weekly tribune. [volume] (Bismarck, Dakota [N.D.]) 1884-1943, 1898-01-28
CASE IS
Important Question Raised in the Ar
gument of the Markuscn Case
at Fargo.
Whether Judges Have the Right to
1mprison for Contempt Where
Jury is Asked.
Bismarck Will Send a Woman to the
Klondike-Indians Go to WASH
ington-Local News.
The Markuson Case.

Wy DOAShSA VI tLl0 oGoIO pCAllIOuS l
tiary has been down at Fargo, where
the habeas corpus proceedings in the
Markuson case were argued yesterday.
,Markuson was a Valley City blind pig
ger, who had been convicted and enjoin-
ed by the court. He was brought be-
fore the court on an alleged charge Of
continuing the illegal sale Of booze-or
rather under the technical charge of
continuing to maintain a public nuis-
ance against the %injunctional order of
the court He demanded a jury trial.
The court refused it aud sentenced him
to a year in the state p%enitentiary. The
state supreme court affirmed the de-
cision on the appeal. G. D. O'Brien of
st. Paul was then engaged in the case
and instituted the habeas corpus pro-
ceeding before Judge Amidon, which
was made returnable yesterday.
Mr.. O'Brien argued the matter at
great length, contending among other
things that the sentence to the state
penitentiary vas not in due process of
the law. Attorney Winterer of Valley
City, who with Attorney General Cowan
appears for the state, replied, and went
into the matter at considerable length in
his contention that it was due process
of law. He cited innumerable authori-
ties and was frequently Intercepted by
the court as most of his argument was
along that line and he held that the
state itself, not the federal judiciary,
was the Judge of what should be the
! due process OF law under the constitu-
ton of the United States. Judge Ami
don asked him to submit some authori-
ties or the unequal punishment melted
out under the present state laws to a
man who violated the injunction of the
court in maintaining a nuisance, in VIC
lation of the prohibitory law, rather
than some other form of nuisance.
The court without indicating what
his decision would be, plainly stated
some facts in connection with the case.
He remarked that as his jurisdiction was
over the same territory as the state
courts it would require a strong case to
cause him to reverse the decision of the
highest tribunal of the state, but he
thought there was some new matter in
this action that had never been submit
ted to the supreme court of the United
States, but was of such Importance that
it should be. He said that there was no
use in making a secret of the reason of
this law and of it's being upheld by the
courts of the state. 1t was simply an
evasion, reaching indirectly what it
could not directly by enjoining public
%nuisances to avoid jury trials. He con-
tended that it was treading on danger
Gus ground and that the liberties of the
people were being affected. This, with
other reasons, being why he was anxious
to have his case carried up to the United
States supreme court. The nearest
case to the present one that had been
appealed was one from Iowa, which
Justice Miller decided. But in that the
defendant had not asked the right Of a
jury trial, while in this the defendant
had-a very importance difference.
Mrs. Sloan Will Go to KIondike.
North Dakota will furnish one of the
first to make the trip to the
Klondike gold fields, alone and unac.
companied, relying upon her good bust
ness sense, energy and ~sagacity to make
a winner of the trip, in the person Of
Mrs. Edward Sloan, who will leave next
Tuesday morning, unless something un'
forseen happens, for Seattle, Mrs
Sloan believes firmly that she will be
able to make a winner Of the trip. She
has considered the matter for a long
time, familiarized herself with all of the
particulars and incidents of the trip, OBJ
tanned reliable information from every
, possible source, and will begin upon the
long trip to Skaguay next week.
Her outfit for the trip will be purchas
/ ed at Seattle, where she has friends wht
, will advise and assist her. From Their,
she will take passage for Skaguay, anc
there will consult with the authorities
regarding the best location for the planl
she has in prospect. Her present ides
, is to Cross the pass with a party from
there, furnishing her own means o
: transportation, and make the trip t.
Dawson. There she will locate for thu
time being, and start an eating house
do baking serve meals, furnish tentsf fol
lodging to customers, and perhaps put
in a little eide line of tobacco, cigarl
and other sundries of that description
She does not propose to go like man,
others without anydefinite plans for thu
: future. She was in Bismarck during thai
Black Hills excitement, when 80 many
rushed to the new discoveries, were un
able to get claims or work, and finally
lost their funds and we're forced to re
turn penniless and discouraged. She