The Bemidji daily pioneer., 1913-06-25
MUNICH AL COURT
JUDGE HOLDING
Two OFFICES
Crowen Issues Order Binding George,
Cole TO Grand Jury Under Au-
thority Lost March l.
z
WAS COURT COMMISSIONERS
WAS COURT COMMISSIONER
Stanton Gives Opinion That Latter
Office Was Left Vacant When $
New Duties We're Begun.
IN MEANTIME PRISONER FLEEs
Placed in Jail But When First Act
ton Was Declared Illegal Was
Released and Skipped.


Yesterday hearing was had be-
fore A. M Crowell, as Court Com
missioner, at the conclusion of which
George Cole was bound over to the
Grand Jury on. the charge of keep
ing a disorderly house at Nymore.-
Cole, through his attorney C. w.
Scrutchin, refused to give bail, but
insisted on being committed to Jail.
A writ of habeaus corpus was i'm
mediately obtained by his attorney
and the matter was heard before
Judge Stanton within few hours
after commitment issued. 80 ...--;>
The points raised by Mr.. Scrutchin
were that the Offices of Court Com
missioner and Judge of the Munich
pal Court were inconsistent. and in
compatible / and that by acceptance
of the Office of Municipal Judge, he,
by implication of law, resigned his
Office as Court Commissioner. 7
In support of his. contention Mr..
Scrutchins called the attention of the
court to- the. fact that if one person
hold both offices, then Mr..
sCrowell, while. receiving aassaIary
from the city, could .holdaa prelim-o
mary examination as Court Com
missioner and put the fees in his
own pocket, whereas, If he held: the
same proceeding as Municipal Judge,
the fees would go to his employer,
the City of Bemidji that this raised
keen conflict between interest and
duty and could not be permitted -
The further contention was made
that if the two offices could be held
by the same person, then the Court
Commissioner, having all the pow
ers of a District Judge at Chambers,
could review on appeal, a case
which he had previously decided as
Municipal Judge and that therefore
one office was subordinate to the
other, and one had supervision and
control over the other.
The county attorney raised the
point that these questions could not
be raised in a habeaus corpus pro-
ceeding, but the court held other
wise. ..-.. ->. .. -.
Mr. Crowell, who was present at
the hearing, claimed that his fight
to hold the two Offices could not be
interfered with except in direct
action brought for that purpose. In
response to an inquiry from the
court as to the propriety of holding
an examination as Court Commits
sioner and keeping the fees when, if
he acted as Municipal Judge he
would merely get his salary and the
same fees would go to the city that
paid him his salary, he replied, that
as the county paid the fees In any
event, he did not see that it mat
tered to whom they were paid. Mr..
Crowell further stated that an at
torney of this city other than the
county attorney drew the complaint,
and assured him that he had right
to SO act.
Judge Stanton stated that he was
satisfied that the two Offices were
inconsistent and incompatible; that
by accepting the Office Of Municipal
Judge, Mr.. Crowell abandoned his
Office of court commissioner, that, 1T
amounted to a resignation from the
toffice Of court commissioner, and that
no proceedings were necessary to
declare the Office vacant; that for
these reasons Mr.. Crowell had no
authority to issue warrant as court
commissioners, that the restraint of
1.-THE defendant was therefore without
authority Of law, and that he be dis
charged. Judge Stanton stated that
he would file a formal decision later.
IA warrant for the re-arrest Of Cole
issued by the Municipal Court, was
placed in the hands of the sheriff
Immediately after the court rem
dered its decision, but up to the time
OF going to press the sherih's ofice
! thas been unable to locate him.
The matter OF appointing new
court. commissioner will prohab be
taken up by Judges Stanton, Nc
lClenahan and Wright sometime dur
ling the present week.