The Mankato free press., 1918-07-05

stitution of the state, which empowers the
governor to call out troops or to summon
any aid to stop, law violations and sup
press riots
Governor Burnquist said that the Pub
lie Safety commission had discussed the
Blooming Prairie situation at It's special
session yesterday morning.
Governor BurnquiSt was asked If the
situation at Blooming Prairie was such
that the local authorities could not pre-
serve order, and carry out his mandates.
He said that both the sheriff and may
or of, the village had admitted their in
ability to cope with the situation, and
that the mayor said yesterday that he
did not know what to do with the safety
boards order on one side and the writ
of injunction issued by the district court
on the other.
1.-THE Blooming Prairie saloon matter
has given the commission a great deal OF
trouble" Governor Burnquist said. "a
condition of lawlessneSs existed there,
and the saloonkeepers refused to obey
the orders of the commission. The sa-
looms, / was advised, were open yeSter-
day in violation of that order and l or
Gered the national guard there to enforce
the order of the commission"
VIII Test Powers In Court.
Governor Burnquist said that the Safe
ty commission, at its session yesterday,
discussed the question of the powers OF
the commission, which had been assailed
in the courts, and desired to ind out
whether the commission has the power
which the members believe was given un-
der the law.
This matter, he said, would be tested
in the courts, and he sent the troops to
the village for the purpose of prevent
ing lawlesSneSs until the courts could
decide what power the commission has.
That Governor Burnquist and other
state officials and members of the COM
mission face contempt proceedings in
sending troops to Blooming Prairie in the
face of an order of the district court re-
Straining them from interfering with the
business of the Saloonkeeper was indi-
Gated last night when p. j. Mclaughlin,
attorney for the SaloonkeeperS, said they
would await the report that the saloons
in controversy had been closed.
.'As soon as we get formal notice that
the saloons at Blooming Prairie have been
closed, we will take up the question oi
contempt proceedings against those re-
sponsible,'' Mr.. Mclaughlin said.
Governor Burnquist sought to forestal
the restraining writ by sending the troops
on the grounds that he had no notice OF
the restraining order.
1.-THE notice was not served yet be-
cause it was issued late Saturday, and
had to be sent to Steele county.
Will Wait For Service.
while the commission lays consider
able stress on this point, 1t is not i'm
portant that the restraining writ be
served on the members of the commits
IL
effective as soon as Judge Dickson is
sued it, although we will not act in any
contempt proceedings until there is Serv-
ice of the writ on the representatives OF
the commission
Mr.. Mclaughlin said that the writ was
to. be served on the head of the Steele
county safety commission, as the repre-
sentative of the state commission in thai
county, and when this is done, the at
torneys for the SaloonkeeperS will act.
1--WE will go through to finish with
the matter now Mr. Mclaughlin said
IF this is a government regulated by
law we desire to know it, and likewise
if the Public Safety commission is above
all state laws, we also desire 70 know
that. / don't think the commission ever
was given the power it has assumed, and
cannot override the constitution and laws
which protect a citizen in his property.
''The same constitution which Cover
nor Burnqust assumes gives him power
to sent troops to close the saloons, also
guarantees every citizen protection in his
life and his property"
Guard Against Removal.
Mr.. Mclaughlin and former Judge F
NJ Catlin, counsel for the saloonkeepers
yesterday, and it is reported are keeping
a watchful eye on the case in the district
court here to prevent the commission
removing it from this jurisdiction, as
was done in the instance of the first re-
straining order issued by Judge Dickson
which was removed to Hennepin county
without notice to the petitioners after the
temporary restraining order had beer
issued.
'If the matter comes before me again
I will act as in any other matter, but
will not try the case in advance of the
last night when asked to comment or
the miXup.