The Mankato free press. [volume] (Mankato, Blue Earth County, Minn.) 1879-1924, 1908-05-29
First, However, Attorney OBJECTED to
Sitting Judicial Tribunal.
CLAIMS IT HAD NO JURISDICTION
Some Sensetionai Charges Are Made
Again st the Town Father, Mayor
J. w. Andrews 10 q Witness.
From SATURDAYS Daily.

FROM saturday s daily.
The trial of City Recorder Hodapp
on the charges formulated by City At
torney Schmitt and adopted by the
council two weeks ago, practically
amounting to the charge of malfeas-
ance in office, began last night, the
aldermen acting as judges. As was
expected, the council chamber was
packed to suffocation for four hours.
Only a beginning was made in the
trial, the charges, answer, opening mo-
tons and documentary evidence being
all that was gotten before the coun-
ell. The defense was conducted in a
manner that showed that no point
was being overlooked that would help
overturn the proceedings when the case
comes up before the supreme court if
the council carries out its determine
ton to GUST Mr.. Hodapp from office.
The aldermen seem to have already
laid considerable grounds for an APP
peal by uniformly everything the OBJ
jections of the defense to the admis-
sion of evidence, without considering
whether there was merit to the objec-
tions or not. This took away the
semblance of fairness from the pro-
ceedings last evening.
Mayor Cannot Preside.
As soon as Mayor Andrews had
called the meeting to order, and asked
the recorder to call the roll, w. R.
Geddes, attorney for Mr.. Hodapp, said
that the council was now sitting as
court and that the respondent object
ed to the mayor presiding or making
any suggestions or giving advice to the
council The legally constituted court
consisted of only the six aldermen.
The court must make its own rulings
City Attorney Schmitt replied that
it was proper for the mayor to preside
as president of the council, but that it
not proper for him to enter into
discussions. He could take vote of
the council on its rulings.
Mr.. Geddes said that the respondent
had no objection to the mayor keeping
his seat and keeping order, but he
would object to his putting anything
to the court.
Mr.. Schmitt said that inasmuch as
the respondent had taken this posi-
ton, it would be safe to have the
president of the council act as spec
tator, and that the council had better
elect temporary president.
Mayor Andrews vacated his seat,
and the council, on motion of Aid.
Gary, elected Aid. Atchison president
of the court. The aldermen took seats
to one side as jury.
Aid. Schroeder moved that w. B..
Davies act as official reporter for the
trial, and this was carried.
Mr.. Geddes then said that he APP
peared specially and offered objections
which are to be found elsewhere.
Argument Follows.
Mr.. Geddes presented an argument
based on these objections. He said that
the members of the court were not
lawyers, and it would be useless to en-
ter into profound legal propositions,
but there were some things that they
could understand. If they were con-
WINGED that they had no right to pro-
coed, it would be wrong to put the re-
spondent to expense by doing so. They
could not be accusers and the court
both, because by their charge they
had said that Mr.. Hodapp was guilty.
J. w. Schmitt did not prefer the
charges, but petitioned the council to
would not charge a man with thing
unless they thought that the charge
was true. When a man comes here to
be tried on something that affects his
honor and official integrity it is un-