The pioneer express. [volume] (Pembina, Dakota [N.D.]) 1883-1928, 1899-04-28

ton of Augustus Baker, prisoner IN
vne state penitentiary, serving MI
teen-years sentence for criminal as
sault, for writ Of habeas corpus, de-
nying the application, and ordering the
prisoner remanded to the custody of
the warden of the penitentiary. The
application of Baker was first made to
the district court of the Sixth district,
Judge w. H. Winchester, by his attor-
neys, Hildreth & Ingwaldson of Fargo.
The application was denied. The at
torneys then went to the supreme court
of the state, claiming that Baker had
been tried and sentenced at a special
term of court, and that, under the law,
no cases of this nature could be tried
except at a regular term of court The
supreme court, in denying the applica-
ton for writ, says:
section 118 of the State Constitution
and Sections AL; 442, 5176 and 1855 OF
the Revised Codes construed.
''Held-That the district courts OF
this state are authorized under the Con
stitution and the laws of the state to
call special terms Of the district court
and to require the attendance OF jul
rors ut such terms. as at other terms.
Held, Furthcr-That at such special
terms or additional terms of court the
district court may lawfully try issues
Of fact in criminal actions
1.-THE words. eat regular term of the
court" contained in Section 1855, Re
vised Codes. construed to mean 4 term
at which jurors are regularly drawn
pnd summoned, whether such terms are
regular or special with respect to the
manner of calling the same"
The application of Attorney Taylor
Crun OF Fargo for reinstatement iii
practice will probably come before
Gov. Fancher ut an early date. The
Crum case is peculiar one. Crum was
lisbarred from practice by Judge Glas-
pell because of Il vicious verbal attack
upon Judge Pollock Of the Cass county
court. The charges alleged against
Crum in the disbarment case extend
over a number of years, eliminating
with the attack on Judge Pollock. AT
ter the disbarment i'll the district court
the case was taken to the supreme
court. Crum appealed the case to the
supreme court. by which the disbar-
lnent was affirmed. Crum then went to
work to secure Il petition for reinstate-
ment. and secured the signatures of a
large number of the members of the
Cass county bar. business men and
newspaper men. but Judge Glaspel re-
fused to reinstate Crum. During the
session of the legislature Crum APP
peared on the ground with Il bill max
ing the revocation of an attorneys IL
cense a forfeiture of his office. The
hill passed, and. as the constitution
gives the governor the right to remit
fines. penalties and forfeitures. under
the law, Crlm could be reinStated by
the governor should that official choose
to remit the forfeiture. The attorney
general Of the state holds that under
the new law there could be no legal Oh
lection to the remission of the forfeit
llre by the governor. The matter will
probably soon be brought to the atten-
ton of the governor, in the shape OF 4
petition from Crum for d remission of
the forfeiture.
Warden Boucher of the state pcni
= L
stCne, have gone East to investigate
the matter of the purchase of supplies
for the purchase of the proposed Irvine
plant at the state penitentiary. At the
first meeting of the new board of trust
attend to the matters arising from the
proposed building of the plant. One
committee will arrange for the erection
Of l,n IppH1 MD Of %1,n
grounds, and the other for the pur-
chase of machinery and supplies. A to-
tai sum of $50, 600 has been appropriat-
ed for the plant, and the purchase of
supplies will be quite extensive The
power, and it is possible that electrical
machinery may be installed and light
furnished the institution from the same
power. The state treasurer has taken
7 the first steps toward the sale of Ger
tificates by preparing a letter to the
bankers of the state asking for bids for
$4,000 Of the certificates, this amount
being all that will be necessary until
September. There is no doubt that the
certificates will be sold within the
State.
VI
has been investigating for several days.
the affaigs of the Minneapolis Guaran-
ty company, an institution of. which
complaint has come to the department.
from several parts of the state. as en-
de:lvoring to do practically an insur-
ance business without having complied
with the insurance laws of the state,
or being, authorized to do business by
the department. The company, it is al
legged in the complaints, makes a con-
tract to purchase crops before their
maturity, the purchase taking effect in
case the crops. are destroyed or injured
by hail or otherwise. This is claimed
E to be practically a form Of insurance.
Department officials are now looking
up the matter. ss3s 3ss IN
Warden Boucher Of the penitentIary
has been e-elected for. the ensuing two
s years. Edward Rrad dock of VILLAINS
4 port sis the new chairman of the penl-3
\ Tertiary board. The health record of
the. institution for the past year is the
best on record.
= u, .,tsS,