Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1907-05-23
HEsAPPLiEs TO SUPREME COURT
FOR WRIT OF HABEAs COR
PUs - HEARING THIS
AFTERNOON


WHOLE AFFAIR is a FRIEND
LY PROCEEDING TO TEST THE
coNsTiTUTioNAL.TY OF
TEMPERANCE LAW
The unsophisticated might :
q have been somewhat startled ,
< when, during the rogress of the :
& afternoon proceedings in the dis :
:, trict court Wednesday, Mr.. Town :
s send gravely informed Judge :
= Winchester that the Hon. Guy =
e. g. H. Corliss, who had been APP :
= pointed by the county commits :
= sioners of Burleigh county to as !,
& sist the states attorney in the :
= prosecution Of several cases at :
4 this term Of court, had. been :
= guilty Of intrusion into the grand =
= jury room, and asked that he be :
4 committed for contempt of court. i
= On Attorney Townsend's show !
8 ing the court ordered Judge Cor :
= liss sent to jail for five days for I
: contempt in disobeying his order, I
= and the Grand Forks attorney I
was turned over to Sheriff Nc Z
= ellis and the two left the court I
> room ostensibly for the dungeons I
g below 8.5s8 & I
= Instead, however. Judge Cor Z
s. liss went to the capitol with the !.
= sheriff and there swore out !
= writ of habeas corpus which was !
= granted and he was released up- 4
: on his own recognizance. ].
The supreme court will hear I
= arguments in the habeas corpus :
8 case at 2 o'clock this afternoon, !
4 when the constitutionality Of the I
= enforcement commissioner law Z
e will be gone into and decided by Z
= the court. ~
Simply a Move on Legal checke
Board. n
& TO the initiated this seemingl.
sensational proceeding was merely
move in the legal battle, CAREFUL.
planned in advance.
Mr.. Corliss had, early in the day
been appointed by Temperance Com
missioner Murray as deputy commits
sioner and as such claimed the RICH
to enter the grand jury room for TIL
purpose Of conducting the case
against p. G. Patterson.
Mr.. Townsend objected to tn
granting Of this request, arguing tina
Judge Corliss had originally been EN-
ployed In a private capacity and il
such capacity had twice knocked a
the door of the grand jury room blu
was refused admission and the OF
fetal capacity SO recently assumes
was merely a legal subterfuge to ae
complish ends not possible before.
Brilliant Arguments.
The arguments ofsthe morning upo
these points were brilliantly an
eloquently set forth by Judge Corifs
and Mr. Townsend, during the cours
Of which many bouquets were es
changed.
Judge Winchester was inclined t
think that on the face of the new la,
providing for temperance commits
sioner, he, the commissioner, and tn
deputy that he might appoint, Wer
permitted access to the grand jur
room AS there was an inclination o
both sides to go slow, considering th
Importance of the matter, it was d.
cided to pursue the course referred t
above. as after being committed 70
contempt, Judge Corliss could ask 70
Ia writ of habeas corpus, from the S,
preme court thus taking the matte
| up to that tribunal and its decisio
would settle the respective rights 9
the parties and also pass upon tn
Iconstitntionality OF the act itself.
It was agreed that II the act wa
Unconstitutional and Judge Corlis
had no right to enter the grand jur
room. any Indictment found by th
grand Jury while he was preser
would not be worth the paper It wa
written on.
OF the Same Opinion.
Regarding the seeming change (
Iopinion Of Judge Winchester regar,
ling the eonstitntionality Of the 81
forcement commissioner law, whic
might be inferred from the fact tbs
the court stated Tuesday In coul
his belief ID Its constitutionality an