The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1917-06-29
HOLDS DEPUTIES
0NLYEV|L.DOERS;
PALDA IS FREED
Important Rulings Made by Judge
Leighton in Granting Writ
r. of Habeas Corpus -
SEIZURE OF TELEPHONE
EXCHANGE WAS FELONY

Minot, N. D., June 29.--That the
only persons committing an offense
during the incidents at the telephone
office the night of the raid in Minot,
May 7, were those who went there
and unlawfully took possession of the
place, is. the finding of Judge X. E..
Leighton of the district court, In his
decision granting Palda his freedom
on habeas corpus action of Attor-
ney l.. j. rPalda, which was filed at
the office OF the clerk of the district
court yesterday. " EE
story. Of Raid.
AS was stated in the press at the
time Of the raid, Attorney General
William LANCER deputized number
OF, Citizens III the icapecity 0f deputy
sheriffs. Three of the deputies,
Grant S. Youmans, A. Upton and f.
c., Upton, accompanied LANCER to the
telephone Office and seiSed the ex-
change, ordering the girls to leave
the: switchboards.' Managr Mcclure
'bf the t6Isphone company went to
the Office to ascertain the cause OF
the Bre&hA In the service. He was
met by LANCER and his assistants.
MCGUIRE left the building and secur-
ed the" company OF Attorney l.. J..
Palda, attorney for the telephone
company, and other citizens. They
proceeded to the telephone office and
Palda demanded that the deputies
show their authority.
No process of law, legalizing the
seizure had been gone through and
Palda went to the switchboard hoping
to be able to make connection with
Judge Leighton's residence and find
out if the Judge had given the depu-
ties authority. He was ordered back
from the board by A. Upton. Guns
were drawn and, as a result, Palda
was arrested for threatening to shoot
A. Upton. At the preliminary hear
ing before Justice A. B. Dill, falda
was bound over to the district court.
Attorney Dudley Nash, acting for the
accused, Immediately made applica-
tion for habeas corpus, claiming the
evidence was insufficient to, warrant
Palda's committal to the higher
court. The decision Of Judge Leigh
ton, filed yesterday at the district
court office, grants the writ and dis
charges Palda, the defendant. "
.'', PaIda Doing Duty,
I 81 am unable to find any place in
the testimony which shows that any
offense was committed, except by
those who went there and unlawfully
took possession of the telephone Of
ifice,' says Leighton in his opinion.
consequently, the crime for which
Palda was charged has not been COM
mitted. The testimony is. undisputed
that Palda was acting on behalf of
the Northern States Power company,
and was using only such legal means
as he had the right to in order to
protect that property. o..
"The state has advanced novel
proposition-that the telephone ex-
change was a criminal agency assist
ing in the commission of crime, and
therefore the sheriff had authority
to stop all telephone calls while ar
rests were being made. There is no
competent evidence that the telephone
exchange was engaged in the commits
sion of crime or associating in the
commission of crime. Even If such
were the fact, l know of no law
which would justify the deputies acts
especially when we remember that
section 1921 of our statutes makes
such act felony" ..