The Bottineau courant. (Bottineau, Bottineau County, N.D.) 1895-1929, 1918-03-21
TRAVESTY ON
LAW AND0RDER
Writ of Habeas Corpus Violated and
Innocent League Official is For
chilly Abducted, Without Warrant,
BY Sworn Officers of the Law.
$4,000 BAIL BOND IS IGNORED.
Giibert's Attorneys Want the st.
Paul District Court to Declare
Sheriff Carver and His Deputies in
Contempt of Court.

Although admitted to $4,000 bail
on charge of obstructing the draft
through the issuance of a pamphlet
nine months old, Joseph Gilbert, or
ganization manager of the Nonparti-
san league, was re-arrested without
warrant on the same charge two
days later, spirited away from the
Ramsey County court after writ Of
habeas corpus had been issued and
taken to Fairmount, Mimi, where he
was illegally detailed in Jail.
When told that he was under ar
rest, Gilbert asked Sheriff w. S. Car
yer and Deputy William Roepke Of
Martin county if they had a warrant.
"We don't need any warrant"
they replied. "Your bonds aren't any
good and the court here has no jur-
isdiction. They laughed at US down
in Fairmont when we came back
without you before. We are not 60
ing to be made fools of. The county
attorney and the judge gave us hell.
We are going to get you this time"
The sheriff and his deputy were
then informed that. if they tried to
remove Gilbert from St. Paul while
he was under bail that they would
be in contempt Of court and proceed
ing contrary to the attorney generals
opinion.
"To hell with the attorney generals
opinion" one of them replied. "His
opinion is not law and the court has
no jurisdiction. Get your hat and
coat and come with u.s."
Deputy Evaded Release Writ.
Gilbert's attorneys Immediately
sued out writ of habeas corpus and
the sheriff promised to wait at cer-
tain hotel until train time. The sher-
iff did not wait at this hotel, but his
deputy placed Gilbert in an automo-
bile, spirited him out of the county,
prevented him from communicating
with his wife or legal counsel, finally
placed him on a train and refused to
turn back to St. Paul even when he
received telegram from the sheriff
stating that a writ of hebeas corpus
had been issued.
Gilbert was illegally taken to Fair
mont and lodged in Jail over night.
He was under detention for 36 hours
and was forced to travel nearly 26O
miles, although there was not shad-
ow Of legal excuse for his arrest and
the sheriff admitted that he knew
Gilbert would be at Fairmont for his
trial when his case was called.
When Gilbert was brought back to
st. Paul, District Judge C. C. Haupt
ordered him released from custody.
Action Asked by League.
Gilbert's attorneys have asked the
st. Paul district court to declare Sher-
iff Carver and his deputy in contempt
of court. 1t also is probable that
charges asking their removal will be
filed and Gilbert may start a civil
suit for damages.
Gilbert's original arrest is based on
very flimsy charge, considering that
the pamphlet in question was issued
nine months ago, that copies Of it
have been in the hands of federal au-
thorities, and that the postoffice de-
partment never questioned the entire
propriety Of it's statements, but his
illegal seizure and kidnapping, after
he had been admitted to bail, is a
high-handed outrage that should be
resented by every liberty-loving and
law abiding citizen in the state Of
Minnesota.
Mob violation has been melted
against the league on several oc-
casions with the tacit encouragement
of peace officers, but when sheriffs
brazenly kidnap citizens in defiance
of the properly constituted courts it
is high time to call halt. ~