Jamestown weekly alert. [volume] (Jamestown, Stutsman County, D.T. [N.D.]) 1882-1925, 1918-07-11
COURT DEE ClSlON
ON 1'OWVLEY CASE
IN, MINNESOTA I

Finds !. Alleged Disloyal L,itera- j
ture Referred to European
Side of War and Did Not
Refer to Americas Partici-
1 patton.
st. Paul, July The complete
opinion Of the supreme court Of Min
nesota in the case of the State OF
Minnesota against A. G. Townley and
Joseph Gilbert, president and organ
izer of the Nonpartisan League, is
given below, the two men having
! been charged with an attempt to dis
courage enlistments. Justice ]. us.
Quinn wrote the opinion and therein
states that the matter complained Of
treats Of the origin Of the present war
between the German Empire and its
allies on one hand and France and
her allies en- the sother. Later the
justice states that the Nonpartisan
League literature complained Of, con-
tainss mo reference to the United
States government nor to the presi-
dent nor to congress, and the Ian
guage used has no application to
either. .
The Charge.
l.. Defendants indicted jointly,
charged with violations of Chapter
463, General Laws 1917, Joined in q
general demurrer to the indictment,
which was overruled and the proceed
Ing certified to; this court for determ-
Iinatfon. The matter set forth in the
indictment considered and held not
Y to constitute violation of the statue.
Q. The subject matter of Section
3 is within the title Of the act.
Reversed and remanded.
81 Opinion.
These two prosecutions involve the
same questions and are considered
and disposed Of together IA oneSopln-'
ion. Defendants were jointly indict-
ed by the grand Jury OF Martin coun-
ty and thereby charged BY two sep.
arate indictments of violations OF
CHARTER 463, General Laws Z! - = l7.- pc
sfendants Joined Id general demurrers
to each Indictment, which were over
ruled by the trial court. w hereYpon,3
at the instance of defendants, the
proceedings were certified to- this
court for the determination Of two
questions, applicable to both, name
". (11 Is Section of the statute on
which the indictments are founded
invalid as not within the subject OF
the act as expressed in It's title, and
&(2), Do the facts stated in the indict-i
ment constitute violation OF the sta
tute. 4,
M D: In the view we take of the second;
question, we make but brief mention.
of the first. The title to the act
names as the subject thereof the In
reference with or discouragement Of
enlistments in the military or naval
forces of the United States, or Of the
state Of Minnesota. Sec. 3 declares
1t unlawful to advocate or teach by
written or printed matter or by oral
>s:shoxidl ] not aid or assist the United
States in prosecuting or carrying on
VAR; The contention is that the
Sprohibition against advocating that
the citizen should not aid or assist.
In the prosecution of the war Is not.
within the title Of the act, which
names only the interference with en-
listment, and Is therefore invalid.
-4o,v vY<a
reference7 only to the sale Of bonds
and stamps, or include as well in
terfsssnce by written or printed mat
ter M or 81 oral speech, otherwise than
prohibited BY the former sections Of
the, act. We think the. substance Of
the provisions OF Sec. within the
scope ST the title of the act, and we
10 hold Within further reference;
thereto we come directly to the Sec
5olnd question, namely, whether the.
facts stated IN either Indictment show
q violation Of the statute, considering