The pioneer express. [volume] (Pembina, Dakota [N.D.]) 1883-1928, 1898-07-01
Oommittee Report.


the undersigned were appointed as acorn
mittee to wait upon our county officials
and find out why they have failed to en-
force the prohibition law, particularly in
such cases as the Flath case ofSt. Thorn.
as, and the Buie case of Hamilton, and
to publish the result of their interview in
our county papers.
1t was understood that out of half
dozen or more cases, only one came to
trial, even though, as in the cases above
mentioned, the evidence was very direct.
the witnesses present and the cases set
for trial. 1t has been we'll known in St,
thomas that in the case of w. Flath he
mas been selling liquor for years, con-
trary to law, not even having a permit,
and IN spite of warnings by the city coun-
Gil. And Mr.. Miller, states attorney, did
business in the same block and did Moth
ing to enforce the law until citizens fur
nlshed list of names by whom they be-
lieved that violation of the law by Flath
could be proven, and the citizens raised
money and employed Mayor McMurchie
as assistant counsel. Flath was arrested
after the city marshal had seized about
dray load of liquor that was being
brought from Auburn to Flath's back
door about midnight: At the next term
OF court the case was allowed to go over
without any proper showing, and the
blind pig went OIL as before until court
met in June, 1898.
The case of Buie of Hamilton has
been continued from term to term for
about four years, and though he has the
reputation of being one of the worst Of
tenders i'll the county, he has never been
punished. At the June term of court
both cases were set for. trial, but on the
day before the time appointed, the states
attorney asked the court to send the wit
nesses home in both these cases, offering
no explanation Of this very unusual pro-
cedure. MIR. McMurchie asked for an
explanation in open court but got none
either from the judge or states attorney.
The committee waited on Mr.. Miller
the afternoon of June 23rd, and after OBJ
tanning his consent to an interview, wish
ed to know why the cases were not
tried?
A. didn't think it best to prosecute
because the men were now out of busi-
ness. have other reasons but refuse to
give them.
Q. Were these cases dismissed or
continued?
A. Neither. The matter is in the
hands of the states attorney.
Q. Has the attorney the privilege of
carrying cases of this kind in his pocket
indefinitely?
A. No. He must use his judgment.
Q. 1sit good judgment, after putting
the county to SO much expense getting
witnesses, etc., and having such direct
evidence, to hold back such cases?
A. think have used good iude-
ment, knowing the facts.
Q. Don't you think your action in the
Flath and Buie cases was the means. of
defeating the Fawcett case, and would
make it difficult to secure convictions in
Other cases where this law is violated?
A. No, don't think so.
Q. Knowing the general feeling of the
people of the county, have you anything
to suggest that would secure the better
enforcement of the prohibition law in the
future?
A. believe in acting on my own
judgment.
When the committee suggested that the
county was now, more than ever thrown
open to the violation of the law, when
parties knew all they had to do Was to
sell out l'ci,rc court open, d. and that
perhaps the best way to restore confid-
ence was to enforce the law III the cases
above mentioned. Mr.. Miller's reply
was that "he would not bring these men
to trial under present circumstances -
The committee would respectfully SUBJ
NIT that the prohibitory law does not
confer any such unlimited authority upon
the states attorney, and while he may
think it best to use his own judgment,
the legislature in passing said law thought
otherwise. and provided penalties in case
any attorney should neglect his duties
under the law and also mentioned what
his duties are in Sec. II, of said statute.
His replies to questions asked, and his
admissions make the states attorney
amenable under said Sec. H.. we think.
(Signed,) JOHN HALcRow, !.
E. A. TAYLOR,
]. M. WYLlR.
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