Courier Democrat. (Langdon, N.D.) 1891-1920, 1899-04-27

vcrtised.
The supreme court has handed down
1 decision in the matter Of the appilca-
lion Of Augustus Baker, prisoner III
:he state penitentiary, serving mr.
:een-years sentence for criminal as
sault, for a writ of habeas corpus, de-
aging the application, and ordering the
prisoner remanded to the custody OF
the warden Of the penitentiary. The
application of Baker was first made to
he district court of the Sixth district,
fudge w. II. Winchester, by his attor-
leys, Hildreth & 1ngwaldson of Fargo.
The application was denied. The at
:orneys then went to the supreme court
Of the state, claiming that Baker had
been tried and sentenced at special
;erm Of court, and that, under the law.
40 cases of this nature could be trled
except at regular term Of court. Inc
supreme court, in denying the applica-
lion for writ, says:
"Section us of the State Constitution
and Sections All, 442, 5176 and 100 OF
the Revised Codes construed.
"Held-That the district courts OF
his 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 at such terms. as at other terms.
Held, Further-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 a regular term OF the
court" contained in Section 17oo, Re
gised Codes. construed to mean a term
at which jurors are regularly drawn
md summoned, whether such terms are
regular or special With respect to the
manner Of calling the same
The application Of Attorney Taylor
Crum of Fargo for reinstatement IN
practice will probably come before
Gov. Fancher at an early date. The
Crum case is peculiar one. Crum was
lisbarred from practice by Judge Glas-
pell because Of a vicious verbal attack
upon Judge Pollock of the Cass county
court. The charges alleged against
Crum in the disbarment case extend
over number Of years, eliminating
with the attack Oh Judge Pollock. AT
ter the disbarment in the district court
the case was taken to the supreme
court. Crum appealed the case to the
supreme court. by which the dishar-
nent was affirmed. Crum then Went TO
work to secure a petition for reinstate-
ment, and secured the signatures OF a
large number Of the members of the
Cass county bar, business men and
men. but Judge Glaspell re-
fused to reinstate Crum. During the
session of the legislature Crum APP
peared on the ground with a bill MAX
ing the revocation of an attorneys IL
cense a forfeiture of his office. The
bill passed. and, as the constitution
gives the governor the right to remit
fines, penalties and forfeitures, under
the law. Crum 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
ure by the governor. The matter will
soon be brought to the atten-
ton Of the governor. in the shape of a
petition from Crum for a remission Of
the forfeiture
Warden Boucher of the state peni-
Tertiary, and Trustee Turner of Glad
stone, 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
eeS two committees We're appointed to
attend to the matters arising from the
proposed building of the plant. One
committee will arrange for the erection
of the building and the location of the
grounds, and the other for the pur-
chase of machinery and supplies. A to-
tai sum of $15O.OOO has been appropriate
ed for the plant, and the purchase of
supplies will be quite extensive. The
board has not decided vet upon 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
the first steps toward the sale Of GER
titicates by preparing Il 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.
The state department Of insurance
has been investigating for several days
the affairs of the Minneapolis Guaran-
ty company, an institution of which
complaint has come to the department
from several parts Of the state, as en-.
deavoring 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
to be practically form of insurance.
Department officials are now looking
up the matter.
Warden Boucher Of the penitentiary
has been reelected for the ensuing two