New Ulm review. (New Ulm, Brown County, Minn.) 1892-1961, 1918-07-10
JUDGE QUINN SETS
M|I|.AlRTINC0. RIGHT
REVERsEs DECISION OF LOWER
COURT IN NoN-PARTIsAN
INDICTMENTS
SAYS FEDERAL AUTHORITIES
HAVE NOT YET. SEEN FIT
->s TO INTERFERE i

The state supreme court, in de-
clslon filed Friday, held that A.. C.
ToWnley and Joseph Gilbert, president.
and organizer, respectively, of the Non
partisan league, by circulating league.
literature of the war did not offend
against the Minnesota law to punish
those dlscouraging military enlistments.
and those advocating that citizens
should not aid the government in the
prosecution of the war.
Judge Quinn's Opinion
The resolution taken as a whole"
says the opinion, written by Judge J..
II. Quinn, appeared to be nothing
more serious than rhetorical and
somewhat t1amboyant platform and
which a certain class of citizens are
solicited to join an organization whose
avoWed purpose is the amelioration Of
the alleged evils of present economic
conditions, and to bring about a m ore.
equal distribution of the wealth of the
world among ali classes of mankind.
The pursuit Of this object does not
violate the statute in question. It is
perhaps not out of place to say that the
resolutions have not yet attracted the
attention OF the federal authorities
Martin County Orders Reversed
Distribution of war resolutions anT
other Non-partisan league propaganda
IN Martin County resulted in the Joint
indictments accusing Messrs Townley
and Gilbert Of violating TIE state law
IN question. Demurrers were made to-
both indictments and based on grounds,
tlrst, that the section of the statute.
under which they were found was in
valid Tor technical leason, and, Sec
ondly., that the facts stated did not,
constitute violation of the law.
Overrullng both demurrers, the Mar
TIN county district court certified the
question involved to the supreme court.
Ma#9he result that it's orders were re-
versed and the cases were remanded.
: The attack on the validity of the
statute section involved was made on
contention that it's provisions we're
not within the subject of the act as.
expressed in it's title, but the court
holds that the law in this respect is
valid. whether the provisions of Sec
ton 3 have reference only to the sale
Of bonds and stamps or include as well
the interference, by written or printed
matter or by oral speech, otherwise.
than prohibited by the former sections
Of the act,'' the opinion continued.
I'VE think the substance of the urayi-.
sion OF Section 8 within the scope of
the title to the act, and we so hold. ~
Quotes From League Literature
The opinion quotes at length from
the league literature stating its war
principles and reaches the conclusions
that the language cannot be held as
tending to discourage enlistments or
other aid in the prosecution of the,
war. 4. 90
Reference is made to league state
ment which begins with an assertion,
that the moving cause of the worlds
war was, and is, political autacracy,
used to perpetuate and extend indus
! trial autocracy." "This matter thes
opinion says, treats of the origin of
the present war between the Germans
empire and its allies on the me hand
and France and her allies on the 9TH
er, the cause, purpose. and prebab1e
consequences thereof, coupled with the
condemnation of those responsible for,
bringing the curse upon the people,
1t is matter of common knowledge,
| that the military autocraey a Ger:
many and Austria caused and brought
on the war and it has been obvious
Iefrom the beginning that the purpose,
dHu .opJecI IAeIeOI Was territorial eX-
panslon and thereby to subject the
authority OF those governments to peo-
pie OF other lands and countries. That
the language contained no reference to-
the United States government or Off
Gals is pointed out, and it is held to.
convey an accurate Characterization of
the German-Austrian military machine,
and OF the purposes intended to be-
accomplished in September, 1917, when
the pamphlets were circulated by Town.
ley and Gilbert
Similar constructions are placed on.
the resolutions on the war as adopted
by the league and they are held not tor
!encroach upon or violate the prohibi--
lions OF the statute III