New Ulm review. (New Ulm, Brown County, Minn.) 1892-1961, 1918-07-03
JUDGE SAYS BOARD ACTS UN-
sss LAWFULLY
Continued from page y


itlonal manner and under the guise
of grant of ministerial powers
In Mr.. Tighe's letter to Judge Dick
son and the Ramsey county bench he
said that in not appearing at the hear
ing he was acting on the advice Of the
commission. The peculiar exigencies
of our national life at this hour justify
peculiar action" the letter said.
Powers Extraordinary
The commission thinks that as a
matter OF law it cannot be restrained
in the performance of it's public func-
tion by any Minnesota court" the
letter said. Again the letter says:
"'The commission is of the opinion
that if the courts have the power to
issue such exparte restraining orders,
it is not proper that they should do
SO. Another statement made in the
letter is: ''The most jealous advo-
Gates of constitutional rights at the
present hour are traitors or other
malefactors of one class or another"
Holding that the citizens of the
state should enter into the spirit in
which thet "war board" was created,
the letter attempts to show the abso-
lutte necessity of the courts of the state
cooperating in enforcing the mandates
of it's orders and regulations. The
letter says of the commission: "The
), commission was created to meet an
extraordinary situation, and for that
purpose was clothed with extraordinary
powers and duties. To those ends it
can use all lawful means. It can en-
p oy tt e existing governmental agencies
or it can provide for new ones if in it's
III r ci1ch pro oopdn6 -
Claims ''Divine Rights
Tighe's failure to be present at the
Tighe) declined to be heard on said
Ito all the judges of this court, and to the
| newspapers of the city, setting forth
reasons why, in his opinion, no court
issued against the defendants" .4
Judge Dickson further intimated that
UNUSUAL courtesy had been shown Mr..
Tighe and the commission when he said
that the judges of Ramsey county went
out of their way to advise Mr.. Tighe
/ of the hearing at a special term Saturday.
4 The Blooming Prairie saloon cases
! have been before the Public Safety COM
mission for nearly yPr, according to
Mr.. Tighe's letter. There are four
saloons at Blooming Prairie and three
/ Of these were ordered to close for failure
to obey regulations by the Public Safety
commission. One was allowed to re-
main open and is still doing business.
Mr.. Tighe's letter states that each Of the
saloons did business of between $500
and $500 day but that their "nefarious
business had gone on with all it's attend
ant paralysis of industrial and argicultur-
al activity in the neighborhood." ~,,
! The letter concluded with an appeal
that the courts of the state assist and
not harass the commissions proceedings.
j History of The Case.
I The Blooming Prairie saloon cases
have had a varied experience. An
order issued by the Public Safety Com
mission closed these saloons as "a war
emergency. Immediately thereafter
lthe Blooming Prairie people secured a
restraining order from Judge Frederick
| N. Dickson without notifying the COM
mission. The next move was made by
I the commission when they took the cases
into Judge Hale's Court without notice
to Blooming Prairie where the restrain
Ling order was dismissed. Thereupon
the Blooming Prairie people applied.
for new restraining order notifying the
commission in this case.
i Cont mpt of Court.
l. Because of his refusal to appear in
Court the Blooming Prairie parties asked
that Attorney Tighe, general Council
of the Minnesota Safety Commission be
cited for contempt Of Court. The hear
ling was set for Saturday afternoon at
which time Judge Dickson again vacated
the order OF the Public Safety Commits
sion closing the saloon.
f. Since the above was written Gov.
Burnquist ordered state troops to Bloom
ing Prairie and under his orders the three
saloons which had re-opened after the
issuance of the temporary Injunction
by Judge Dickson were closed Monday.
General Rhinow and Is men of the list
Infantry carried out the orders. This is
The first time in the history of the state
that military law overruled civil law.
= 'sThe Public Safety Commission did
not issue the order to have troops sent
to Blooming Prairie,'' Governor Burn
duist said. 81 issued the order as Gov
ernor under authority given me by the
Constitution Of the State which empowers
1.-the Governor to call out troops or to
tsu1nmon any aid to stop law violations
| and suppress riots 2 :.4s 81.
rs At it's session Monday the Public
ESafety Commission decided to find out
whether it had the power which the
members believe was given under the
law. The matter will be tested in the
Courts for the purpose of finding out
what powers the commission actually
has.
- P. J.. Mclaughlin, attorney for the
saloon-keepers is awaiting formal notice
that the saloons of Blooming Prairie
have been actually closed and he will
then take the necessary steps to have
the guilty parties cited for contempt
Of court. The general public will anxi-
ously await the outcome Of the contro-
versy between military and. civil author
| ity.
Last Thursday Emil Berg, clam
fisher working at Meyers Greek found a
pearl which weighs 81 IL grains. It's
a ball pearl and the largest ever found
in the Minnesota River. It will be
necessary to peel off two layersto get to
the. Gloss t5s Accnrdinp tnS u1oioht and