The Mankato free press. [volume] (Mankato, Blue Earth County, Minn.) 1879-1924, 1905-03-31
Constitutional Point Involved
in Defendants Appeal.
Say Messrs. Start and Schrei-
ner Regularly Indicted.
Accepted Deposits When the In
stitution Was Ins0Ivent.
From Saturdays Daily.

County Attorney S. B. Wilson is in
terested in the decision rendered by the
supreme court in the case of H. Burton
Strait and Henry Schreiner, the Scott
county bankers. Mr.. Wilson assisted in
the prosecution. The supreme court de-
fines the nature of the guarantees pro-
vided by the state constitution for the
security of the peoples papers and
books" against 'search and seizure"
The decision also refuses to set aside
the indictment found against the de-
PENDANTS for accepting deposits when
their bank was insolvent.
Strait and Schreiner, partners in the
Scott county bank, at Jordan, made
voluntary assignment in bankruptcy
last year. First receiver for the bank
was appointed and then a trustee, Fred
Habegger. Afterwards, in October, an
investigation of the banks affairs was
begun by the Scott county district court
and grand jury. Neither Strait nor
Schreiner was summoned, but the trus-
tee was subpoenaed and examined. He
also exhibited his books and papers at
the request of the county attorney.
The result was indictments against
Strait and Schreiner for having receiv-
ed deposits after their bank was insolv-
emit.
But the defendants moved that the
assignments be set aside on the ground
that the use of the books and papers
before the grand jury violated the con-
stitutional provision that 'the right of
the people to be secure in their person,
house, papers and books against search
and seizure shall not be violated"
The motions presenting these and 9TH
er objections to the indictments were
denied by Judge Francis Caldwell, of
Scott county from whom an appeal
was taken. "a, r & SIT aHt
Reviewing it's previous decisions in
allied cases, the supreme court declares
that defendant in a criminal case can
not be compelled to go before the grand
jury and give evidence, directly or in
directly, against himself. Any indict-
ment so secured would be invalid.
The only case the court was able to
discover interpreting the safeguards af-
forded by American jurisprudence to
protect private papers from search or
seizure was that of Boyd VS.. the Unit
ed States GIG U. S. 6l6). Here the fed
eral Judges had held that it was an I'M
constitutional exercise of authority to
require the claimants of goods said to
nave been fraudulently imported to pro-
duces an invoice in court.
"But," continues Judge Lovely, "the
objection, to be of potential force, must
directly involve the action of the court
in using compulsory means to obtain
evidence. In the case at bar no process
to produce the books of the bank was
directed to the defendants or authority
exerted to obtain their possession from
the person in whom their custody was
originally held.
mo objection appears to have been
made to the delivery of the books to
the receiver or trustee in bankruptcy.
eff there was any immunity attached
to the books, the accused were not in
terogated or under the control of any
court or compulsory process to produce
them for use."
Besides, as the court, pointed out,
"the books and papers were, to a certain
extent, of public nature" and the i'm
munity assured to the defendant is per-
sonal.
The objection is also considered that
the grand jury returning the indictment
was illegally constituted, inasmuch as
the court had excused several jurors
from service for reasons not laid down
in the statute of 1894 (section 7lSD.
That statute, Judge Lovely insists, is
not mandatory; 'tne trial court is
clothed with reasonable judicial discre
ton"
The syllabus is:
estate of Minnesota, plaintiff, VS.. R.
Burton Strait, defendant; State of Min
nesota, plaintiff, VS.. Henry Schreiner,
defendant.
''In criminal prosecution against a
private banker for receiving deposits
when his bank was insolvent, where
such banker had made. an assignment
in bankruptcy and his books had been
turned over to the trustee, held that