The Minneapolis journal. [volume] (Minneapolis, Minn.) 1888-1939, 1906-05-13

JUDGE FISH OF CODE COMMITS
SION GIVES VIEWS.
Fund is Available and New Code Does
Not Alter the Situation, He Says
$4,000 Still Standing In Price Put on
Arrest and Conviction Of Criminals
Right to Pay Rewards Inherent.

Governor johnson has the Same
right to pay rewards now that he had
before the new code became effective
last spring.
This statement made by Judge Dan
iel Fish, q member Of the code commits
sion, throws new light on the re-
ward problem raised by some interpret
ers of the new code, and gives hope to
the men who have been planning cap
ture OF the men for whose arrest a
total Of $4,000 reward is offered by
Minnesota's chief executive.
The view Of the attorney general g
office has been to the effect that there
is q $4,000 appropriation for expenses
of extradition, but G. s. Jelly, assist
ant attorney general, has been unable
to ind authority for spending 1t.
Judge Fish ). View.
In explanation Of his view. Of the
case Judge Fish, when interviewed
yesterday, said:
stThe right Of the governor to pay
these rewards out Of the fund provided
therefor in the general appropriations
bill Is inherent. It was not given to
is not given to him in the new code.
The nearest that the legislature ever.
came to giving the governor this right
was in the laws Of 1897, Sections and.
3, Chapter 226. In Sec. ! it is pro-.
vided for an appropriation Of $4,000
per year for the payment Of rewards
offered by the governor That
simply recognizes his inherent right. to
pay these rewards, and does not confer
tirely nnnecessary because the state
auditor has the power to audit all bills
against the state without any special
act. -
"This 1897 provision is, moreover,
9 standing appropriation and provides
for an annual appropriation of So 900
a, year. Z The existence OF any such
standing appropriation was evidently
unknown to the following Legislatures,
there are additional appropriations Of
! 50, 900 a year for the payment: S Of
/ acquisitions Of fugitives from iustfce
and rewards for detecting criminals. ,
In these laws, which have been ere
pealed, the same as in the appropria-
ton of 1905, now IN force, no mention
is made of the governor and his right
to pay from this fund is presumed.
Points Out 'Fallacy.',
StttsThis law Of 1897 illustrates The
/ faHaey and the danger of all standing
appropriations. Under the law Of
1899 and following years there was not
priiaation Of $4,000 per year, but the
additional specific appropriation of
$4,000 g year, making in all an appro-
1 prfation of $4,000 for the payment of
i rewards and expenses of srequisition.
i This very evidently Wag mot the .pur-
d pose OF the legisl atures and gave a
4 chance FOR the misrepresentation q Of
4 funds, which probabiV was NOT taken
4 advantage sof,s but which nevertheless
Il existed. = /
In the new code these laws are all
::trepealed. An appropriation Of $4,000
! was made to be used for these pur
u posesg and j can see no reason to doubt
that the governor has the same right as
81 always to expend this money, and per.
haps, If this is insufficient, to pay The
rewards out Of his contingent fund. -
\ Rewards Now In Force.
4 The rewards now in force. are all In
murder cases. One was offered by
i Governor Van SAINT June 3, 1904, fol
information leading to the arrest and
!. Black duck, sBeltrami count Thi:
7 has never been claimed. TIE rewart
offered was $3.50. -. = - 800
July 49,, 1904, a $500 reward was
offered for the murderers Of NO. Dab
and his daughter Aagot, killed in theii
cabin in the town Of During, Beltram
county. :: An arrest was made in that
case, but no conviction secured.
The $500 reward offered for the
murderer of DR.. Z. A. Gebhardt, killed
| Nov. 4, 1904, in New Ulm, has never
been claimed
A $500 reward offered in the case OF
murdered April 10, 1908, near Darling
Morrison county. No one has evel
been tried fer the murder, tho a negro
was arrested. -!
Governor Johnson offered a $500 re-
ward for the murderers Of Charles
Bader, shot in his saloon in Minneapo
lis Dec. %, 1905. An arrest was made
in this case, but the man was released
without trial.
The last reward paid was $500 FOL
the arrest of O.. A. Hammerburg, who
killed Alfred Blum in Lake County
Nov. 4, 1904.
I In Germany 1t is considered necessary that
q child should ''go up before 1t goes down II