The Washburn leader. [volume] (Washburn, McLean County, N.D.) 1890-1986, 1899-04-29

The supreme court has handed down
F, decision in the matter of the applica-
ion of Augustus Baker, a prisoner IN
me state penitentiary, serving a nj
sentence for criminal as
sault, for a writ of habeas corpus, de-
aging the application, and ordering the
prisoner remanded to tie 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-
Hildreth & ~Ingwaldson of Fargo.
The application was denied. The at
orneys then went to the supreme court
IF the state, claiming that Baker had
,een tried and sentenced at Il special
:erm of court, and that, under the law,
40 cases Of this nature could be trled
except at a regular term of court. The
supreme court, in denying the applfca-
JILL LUZ IL Will, SdS"'
"Section us of the State Constitution
and Sections Al. 442. 5176 M 100 OF
the Revised Codes construed. ..
.Held-That the district courts Oh
his state are authorized under the on
stitution and the laws Of the state 10
call special terms of the district Jul
and to require the attendance or Jul
rors Mt such terms. as ut other terms.
Held, Further-That at such Speclal
terms or additional terms OF court the
district court may lawfully try issues
Of fact in criminal actions
1.-The words, lat a regular term OF inc
COURT contained in Section 100, Ike
gised Codes, construed to mean a term
at which jurors are, regularly Drawn
ind summoned, whether such terms are
regular or special with respect to the
banner Of calling the same
The application of Attorney Taylor
Crum Of Fargo for reinstatement III
practice will probably come before
Gov. Fancher at an early date. The
Crum case is a peculiar one. Crum was
lisbarred from practice by Judge Glas-
DELL because Of a vicious verbal attack
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. Al
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 or a
number of the members OF the
Cass county bar. business men ard
newspaper men. but Judge Glaspell re-
fused to reinstate Crum. During the
of the legislature Crum APP
peared on the ground with n bill max
ing the revocation of an attorneys IL
cense a forfeiture of his office. The
bill passed, and, Is 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
to the remission Of the forfeit
IRE by the governor. The matter will
probably 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 appointed to
intend to the matters arising from the
proposed building Of the plant. Ono
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
has not decided yet upon the
power, and it is possible that electrical
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
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
There is no doubt that the
certificates will be sold within the
state. /.
TIE state department Of insurance
has been investigating for several days
the affairs of the Minneapolis tkiuaran-
ty company, an institution Of which
has come to the department
from several parts Of the state, as en-.
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 he practically q form of insurance.
officials are now looking
up the matter.
Warden Boucher Of the penitentiary
has been re-ei,cte;a. Ter the ensuing two
years. Edward Rraddock of Williams
port is the new chairman Of the penl-
tentiary board. The health record Of
the institution for the past year is the
best On record.
The erection Of Q new Indian school