The Telegraph-courier. [volume] (Kenosha, Wis.) 1888-1946, 1922-04-13
tBy Associated Press Leased wire.)

Madison, Wis. - The Wisconsin Su-
preme court today vacated the order
of Governor j. j. Blaine, removing
Sheriff Hans Rodd of Oneida county,
from Office for refusing to obey an ex-
ecutive pardon order issued October
rs, 1921, freeing Peter Christ, Rhine
lander strike breaker, from Jail where
he was serving 9 four months SEN
tenee for contempt of court. Deei-
sion of the supreme tribunal, written
by Justice Walter G. Owen, was with
out dissent.
The court upheld Sheriff Rodd in his
refusal to obey the governor, stating
that "as the governor did not have the
power to pardon Christ, 1t remained
the duty Of the sheriff to retain him
in custody under the commitment Of
the court. In refusing to discharge
him he was but performing his duty"
Rodd Returned to Office.
Rodd will hold his Office as sheriff
until the end of his term as result
of the court action, while Charles
Asmundson, the governors appointee
to replace Sheriff Rodd, will not take
office.
In its opinion the court severely cen
sures Judge A. H. Reid Of Wausau for
making an address before the Rock
County Bar association, while justices
of the tribunal were present, attack
ing Governor Blaine for his action in
the gardening Of Christ,
"This action Of Judge Reid is con-
demned by all the canens of ethics"
the court said, adding that I'VE can
not but feel that an intensity of con-
viction that the power claimed by the
governor was without justification in
law and disastrous in its consequences
led him into this indiscretien."
Failed TO Show Cause.
The essence of the opinion, one of
the most lengthy ever filed, is that
the governor can remove an official
from Office only for cause, and that
cause for removal was not shown by
the executive in ordering Sheriff Rodd
removed in as much as the prisoner
refused to release on the governors
pardon warrant, had been sentenced
to jail for civil contempt of court. Civil
contempt is not pardonable the court
held,
Governor Blaine was commended for
his course of action, however, the court
declaring that he had "eommendably
refrained from many public discussion
of the question while it was pending.
He has made no attempt to arouse
public sentiment with the thought of
influencing the court, and there is no
indication that he started out with the
view Of usurping power or of forcing
concessions of power, but he rather in
a dignified way raised the question by
such acts on his part as would enable
it to reach this court for final deter
mination.
Settles Old Controversy.
This decision of the Supreme court
settles a controversy that resulted
from the governors pardoning of
Christ, October 26, 1921, four days be-
fore his sentence expired. Judge Reid,
following the executive action ordered
BheflH R0dd TO hold the prisoner IN
custody despite Governor Blaine's or
der.
Acting on these instructions, Christ
was removed by the sheriff from the
Langlade county Jail, where he had
been lodged and taken back to the
Oneida county Jail, where he was held
until his term was served.
Charges were filed by the governor,
and hearing held November 20, alleging
bad faith on the part Of the sheriff.
disobedienee to superior officer. On
December IL, as result of this hear
ing, Governor Blaine signed an order
removing Sheriff Rodd from Office, and
appointing Charles Asmundson as
sheriff.
In a statement at that time the gov
erner said that charged collision be-
tween the sheriff, attorneys for the
paper mill companies and Judge Reid
Gin secret arrangement and outside of
judicial proceeding to defy the execu
tive pardon warrant if issued"