The Mankato free press., 1918-07-05
COURTS and SAFETY 7
LEAGUE HAVE CLASH.
Lawyer For State Body Fails
To Appear In Case
WRITES SHARP LETTER
Judge Dickinson Sets Aside the
Order of the Gopher
Commission
CHRONOLOGY Or BLOOMING
PRAIRIE SALOON COURHNG

This is the chronology Of the
Blooming Prairie saloon cases,
started Saturday on a second
round of Twin City courts:
Public Safety commission
closes Blooming Prairie saloons
as war emergency.
Blooming Prairie obtains re-
straining order in court of Judge
Frederick NJ. Dickson, without
commission being notified.
Commission takes Blooming
Prairie case to Judge w. E.
HaIe's court at Minneapolis with
out notice to Blooming Prairie.
Judge Hale dismisses restrain
ing order obtained by Blooming
Prairie.
Blooming Prairie applies in
Judge Dickson's court for new re-
straining order. Commission is
notified.
Ambrose Tighe, attorney for
commission, writes Judge Dick
son and other judges that COM
mission will not be represented.
Judge w. L. Kelly assigns
Blooming Prairie application to
Judge o. 3. Lewis court.
Judge o. B.. Lewis sends it back
to Judge Dickson.
Blooming Prairie asks that At
torney Tighe be cited for con-
tempt of court.
Judge Dickson sets hearing for
Saturday afternoon, and again
vacated the order of the COM
mission.
st. Paul, July Refusing to con-
Public Safety commission to close the
saloons at Blooming Prairie, Judge
Frederick N. Dickson of the Ramsey
county bench Saturday for a second
time set aside, temporarily, the COM
missions orders Ambrose Tighe,
attorney for the commission, in a
lengthy letter to all the judges of the
Ramsey county district court, ques-
toned the right of the courts of the
state to act on an executive order of
the Public Safety commission. He
did not appear in person, stating in
his letter that he would not admit
service of notice of the hearing.
Judge Dickson three weeks ago is
sued a SIMILAR restraining order in
the Blooming Prairie case but Judge
w. E. Hale vacated this order ten
days ago at the request of Mr.. Tighe
and the saloons were. again closed
Impeachment Is Remedy"
1t is the contention of the safety
commission that as duly constituted
executive body the PRONUNCIATION and
execution of it's orders are beyond the
jurisdiction of the courts, maintaining
that Impeachment proceedings is the
only course open 10 the public. This is
all set aside by Judge Dickson, who
in granting the restraining order, said
the commission was "acting in an un-
lawful manner and in an unconstitu-
tional 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
hearing he was acting on the advice
of the commission. "The peculiar ex-
igencies of our national life at this
hour justly peculiar action" the
letter said
ss'The commission thinks that ais a
matter of law it cannot be restrained
in the performance of it's public func-
ton 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
male-factors of one class or another
Why Situation Was Created
Holding that the citizens of the
state should enter into the spirit in
which the "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 its orders and regulations
The letter says of the commission: /:
"The commission was created to meet
an extraordinary situation; and fol
that purpose was clothed with extra
ordinary powers and duties. $50 To
those ends it can use all lawful means
1t can employ the existing govern
mental agencies or it can provide for
new ones if in it's Judgment such
are needed"
Judge Dickson, speaking of Mr.
Tighe's failure to be present at the
hearing Saturday, said: 'He (Mr
Tighe) declined to be heard on said
application, but instead, wrote a
letter to all the judges of this court
and to the newspapers of the city
setting forth reasons why, in his
opinion. no court should permit any
order or process to be issued against
the defendants"
Judge Says Tighe Shown courtesty
5 Judge Dickson further, irtimated
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 ad-
wise Mr.. Tighe of the hearing at a
special term Saturday.
/ The Blooming Prairie saloon cases