The Mankato free press. [volume] (Mankato, Blue Earth County, Minn.) 1879-1924, 1913-12-05
From Mondays DAIRY.

afternoon, denies the motion of the
Chicago, Milwaukee and st. Paul
Railroad company. the Chicago Great
Western Railroad company, and the
Chicago Northwestern Railroad com
pany to quash the indictments re-
, turned by the grand jury. charging
the three corporations with violations
OF the two-cent passenger rate law
and the cases must proceed to trial.
Judge Johnson's Decision.
Judge Johnsons decision is as fol-
lows:
Defendants motion to quash the
indictment and defendants demurrer
to the indictment in this action were
argued and submitted to the court on
September 10, 1913, Messrs, F. M.
Wilson, F. w. Root. Il. L. Brown and
A. ]. Briggs appearing as attorneys
for the defendants in support of said
motion and demurrer and Messrs. A
]. Rockne and Albert Schaller ap-
peared as attorneys for the state in
the opposition thereto. and the court
having considered said motion and
demurrer, the arguments of the re-.
spective counsels and the authorities
ut is ordered that said motion to
quash the indictments herein be and
hereby is in all things denied and it
is ordered that said demurrer to the
indictment herein be and hereby is
overruled.
No Irregularities Noted.
"Note.-In the opinion of the court
there were no Irregularities or mis-
conduct in the findings of the indict-
p.ent, it is urged that the court was
in error in appointing counsel to ap-
pear before the grand jury. There
is nothing in that point. The statute
expressly provides for such emergen-
| cies. The legal department of the
state was intimidated and paralyzed
by an underlined fear of injunction
tent that it would be 'perilous' for
him to prosecute the case.
Under these circumstances need
there be any apology on the part of
the court for appointing counsel? l
think not.
In Clear Language.
"The Indictment is in clear and
concise language and informs the de-
PENDANTS Of the accusation against
them. 1t charges the commission OF
public offense in the language of
the statutes and is sufficient.
THE passenger fare law of 1907
has never been appealed and in so
stating the court takes no account Of
the law of 1913 going into effect
Jan. 1, 1914. since that law cannot
have any effect upon this action.
There is not nowhere never
has been and there never can be any
valid injunction issued out OF any
federal court restraining the state
from prosecuting criminals in its
,, own courts for violation of it's laws.
III the law is to be held consti-
tutiOnal, the supreme court and not
this court must make the declaration.
"The case must proceed to trial
and judgment"
Ernrr MONDAYS DaiIv
Minnesota's efficiency and economy
commission appointed by Governor
Eberhart to submit plan of reor-
ganzing the state government to the
1916 legislature is determined to do
the work assigned was indicated at
the meeting held Saturday in the
senate retiring room at the capitol.
Twenty of the thirty citizens named
for the task were present. They
came from every section of the state,
paid their own carfare and expenses
and are donating their time to the
interests of the state.
The sessions were devoted to out.
lining the work to be done and the
appointment of committees by Chair
man Charles P. Craig of Duluth.
Three resolutions introduced by C. A.
COngdOn Of Duluth were adopted.
They utline the commissions policy
which is not to attempt to recommend
! new laws changing the existing rights
and duties of citizens or the recip.
rocal rights and duties of the state,
but will confine itself to remodeling
and revising the system of govern
ment to get greater economy and
| efficiency of management and to
concentrate responsibility.
Committee Makes Report.
In announcing his committee Chair
man Craig said that they should con-
slider the subjects assigned to them
from the viewpoint of these resolu.
tons. There are committees which
will report to an executive committee
CT which Mr.. Craig is the chairman.
The executive committee is composed
of G. P. Craig. chairman: G. A. Cong
don, Duluth Senator John Moonan,
Waseca; Judge J. F. McGee, Mime
apolis; Professor John II. Gray, Uni
versity of Minnesota.
The other committees follow:
Finance, Administration and Con
trol-Joseph Chapman. vice president
Northwestern National bank, Mime
apolis, chairman: W. B. Parsons. Wi
mona; w. w. Smith, Sleepy Eye;
Elias Jacobson. Montevideo; Frank ].
Lang, International Falls. Judge Nc
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