Emmons County record. [volume] (Williamsport, D.T. [i.e. N.D.]) 1884-current, 1921-10-27
TOWNLEY MUST GOTOJAIL
United States Supreme Court Plays Last Act TreeYear Fight
To Keep League Chief Out Of
Prison Cell.

A. c. Townley, president of the
National Nonpartisan League, Mon
day lost his "last ditch" fight against
the Jail sentence imposed upon him
in Jackson, county Minnesota, more
than two years ago. The United
States supreme court refused to re-
, view the case, according to a dis
patch from Washington.
''The refusal of the court to con-
slider the case was stated by Chief
Justice William H. Taft. who gave
no explanation" the dispatch says.
1T is one of the numerous cases in
which the court today refused to per-
NIT an appeal"
Will Begin Sentence Soon
Mr.. Townley will begin serving his
80 days sentence as soon as the
machinery of the court grind out the
necessary commitment papers. He
is in the twin cities, stopping at the
Sherman hotel in St. Paul.
"That is all there is to it," said
Vince A. Day. one of his attorneys
on hearing the news. Mr.. Townley
will begin serving his sentence prob.
ably within a month, according 20
the time it takes for the papers to
get back to the district court. :" He
had no other comment to make.
It has been nearly three years and
half since Mr.. Townley was indict-
ed for the offense, for which he is to
serve the three months in Jail 1T Jack
son. Mr.. Day and the other Town
ley attorneys. George Hoke Of Minr-
earolis and George Nordi;n of ST.
Paul, have exhausted al; legal rene
dies. Backed by the financial re-
sources of the Nonpartisan league,
Mr.. Townley has been able to keep
out Of Jail for three years and six
months.
Commitment Papers Waited
Though the legal fight is lost and
the sentence must be served, it was
pointed out, Mr., Townley cannot be-
gin serving his sentence until the pa
pers in the case have been sent by
the United States supreme court back
to the state supreme court. and by the
state supreme court to Judge E. C.
Dean Of the district court, who tried
the case.
Joseph A. Gilbert, former MANAGER
for the Nonpartisan league, is code
fendant in the case, and the action to-
day applies to him. He is still serv-
ing sentence Of one year in the Good
hue county jail at Red Wing, under
conviction for making a seditious
speech at Kenyon. When he has fin
ished the Goodhue county term next
February the 80 days sentence at
Jackson remains for him.
Legal Remedies Exhausted
No other legal avenue remains for
Townley and Gilbert to continue the
litigation, James E. Markham, as
sistant attorney general, said today.
He was in Washington, two weeks ago
to file q brief opposing consideration
Of the {. Sc BY tie federal su,.eme
court. is3 ;S5 ..s
There can be no fundamental in
herent right to preach sedition cr to
give public utterance to disloyal
sentiment" he said in his brief, when
the country at war. I"
Townley and Gilbert were indicted
in April, 1918, for conspiracy to vio-
late the state law against obstructing
enlistments in the United States army
for the war with Germany. This
only started the fight. Attorneys for
the indicted men filed demurrer to
the indictment, alleging that no Of
tense against the law was shown.
Judge p. c.. Dean overruled the de
1nurrer. and the attorneys then took
an appeal to the state supreme court
Il Judges Order Upheld
That delayed the case nearly year
The court on May 2, 1919, upheld the
order by Judge Dean and sent the
case back for trial. The trial opened
9 in June.
The jury on July 10, 1919, found
the defendants guilty. Their attor-
neys asked q stay, and were given &C
days. Further steps in the cast
have been as follows: ssS
Sept. Is. 1919 Judge Dean inn
poses . sentence Of 80 days in jail
but allows q go day stay for motion
for new trial. .a
October, 1919, motion is made fol
new trial. s 81,
Iulv 27. 1q20-IudRe Dean denie,