The Sauk Centre herald. (Sauk Centre, Stearns County, Minn.) 1886-current, 1907-01-03
THE RAILROAD COMMISSION
AND MANHATTAN.


The state railroad commission
has disbarred James Manahan from
practicing before it as an attorney,
by the following resolution:
"Whereas, Mr.. James Manahan
of St. Paul, Mimi, an attorney-at'
law duly licepsed to practice in the
courts of the state of Minnesota,
has heretofore been permitted to
and has appeared before this com.
mission in his professional capacity,
and in the course of his practice
before this commission has been
guilty repeatedly of grossly unpro'
fessional, insulting and boisterous
conduct and repeatedly has insulted
and assailed the commission, and,
in like manner, IN the presence and
during the session of this commits
sion repeatedly tried to intimidate
the commission in the performance
of their duties and has assaulted
other departments of the state
government including the chief
executive; and
"Whereas. By such gross mis-
conduct, stubbornly persisted in,
notwithstanding the repeated warn
ipgs of the chairman, said Manahan
has shown not only his inability to
to be of assistance to this commits
sion, but on the contrary has re-
peatedly interfered with the proper
order and regulation of it's proceed
ings, Lindering, interrupting and
delaying its dispatch of public bust
ness, and it having become abso-
lutely necessary and requisite for
the proper order and regulation of
the proceedings of this commission
in such a manner as will best con-
duce to the proper dispatch of it's
business that the said Manahan be
barred and excluded from further
practicing or appearing before this
commission; and
"Whereas, Altho this commission
has welcomed at all times, and still
cordially invites, the participation
in it's proceedings of any and all
persons who can be and are of as
sistance in giving of information,
or otherwise, it cannot in justice
to itself, it's members, or the public
and consistently with the proper
performance of it's duties, tolerate
the continued hindrance, Interrupt
ton and delay of Its proceedings
by any person who, instead of
being an assistance, is positive
detriment and an actual and sub
stantial interference with the proper
transaction of the public business.
"Now, Therefore Be 1t Resolved
and 1t Is Hereby Ordered by the
railroad and warehouse commission
of the state of Minnesota that until
the further order of this commits
sion the said James Manahan, ESQ.,,
attorney-at-law as aforesaid, be and
he is hereby excluded and barred
from practicing in any manner or
to any extent as an attorney-at-law
in any actions or proceedings had
by or on behalf of or before this
commission"
We have no desire to mix up in
this controversy and we are free to
confess we do not know where the
merit lies. We do know, however,
that the railroad commission have
established, or attempted to
establish, an exceedingly dangerous
precedent. The right of the
humblest citizen to appear before a
court, a commission, or an official,
either in person or by counsel, in
any action where his interests are
involved, is one of the inherent
rights of American citizenship.
Whenever it is the duty of the
nation or the state to prosecute if
the citizen, for any reason, thinks
the state official is direlict in his
duty he has the right to furnish
his own counsel. As court re-
porter and clerk of court we have
spent as many years in the court
room as any man of our age in
Minnesota, and we never knew of
an instance where this right was
denied. 1t is true that claimants
and counsel must present their
cause in proper and seemly man
ner. Disrespect and discourtesy
are proper grounds for disbarment.
In this case Mr.. Manahan ap-
.peared several times before the
railroad commission as attorney for
the Shippers Association, whatever
that is. As far as our knowledge
goes no objection was made to his
appearance, and he was recognized.
After the election, the commission
suddenly decided that the state
would do the business itself and no