The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1923-07-26
STATE ACTION
IN BANK CASES
ISC0NSIDERED
Conference Probably to be
Held by Attorneys in the
Next Few Days
SOME ARE OUTLAWED
Statute Of Limitations Has
Run in Some Of the Prose
CATIONS Brsughtr
SOME ARE OUTLAWED

The course of action to, be taken by
the state in its prosecution OF A. Z.
ETownley, William. Lemke, F. W. Ca
thro, H. J. Hagen, N. G. Eggen, r. n.
Sherman and others growing out OF
the Cass county grand jury investi-
CATION into the wrecking of the .Scapt
dinavian- American bank of Fargo
will be decided within a few days
Attorney General George F. Shafer,
after dispatching copies of the su-
preme court decision declining to re-
instate the indictments which were
quashed by District Judge George w.
McKenna,i to George A. Bangs OF
Grand Forks, special assistant attor-
ney general and States Attorney Hor-
ner of Cass county, said that q con-
ference probably would be held with
them in Fargo in few days.
The supreme court decision spe-
cifically stated that the action OF
Judge McKenna was no bar to future
prosecution. and it is expected that
new informati0ns will be filed against
most Of the defendants.
Some of them can not be prose-
cuted on the same charges because
of the statute of limitations, but the
attorney general said he was not pre-
pared now to announce in which
cases the statute of limitations had
run.
The defendants escaped the indict-
ments on q bare thread Of judicial
weight in a question which the su-
preme court, in its decision declin-
ing to issue a writ to reinstate the
indictments, itself described as del
icate question.
"The matters that have been urged
upon US in this connection reach
not only to the very foundation oi
the power of this court, but, as will
be seen from the foregoing, lead al
least to the borderline of the feld OF
conflicting powers of the, coordinate
branches Of government" the deci
sion says. @
The court in effect held that with
the possible exception Of the indict-
ment against F. w. Cathro, forme,
manager of the Bank Of North Da.
kota, the indictments were valid and
Judge McKenna has erred in quash.
ing them.
The statutes, the court held, pro
vided that If indictments were quash.
ed the. trial court could hold then
for prosecution on the same charges
direct resubmission Of the question,
to the grand jury or direct that In
formations be filed. However, i
found, Judge McKenna ordered th'
defendants discharged and released
from bail.
Since the supreme court, in the ex
ercise Of its supervisory powers ovel
district courts, is limited by the stat
utes, It found that It was withou
power to rsctify the error 1t fount
had been committed.
Among those cases IN which tn
statute Of limitations has run IL nm
derstood to be that Of o. E. Lofthus
View s0f Indictments.
The courts expression on tn
4 validity Of indictments, which Is rx
pectei TO be . guide in future gran'
jury deliberations, follows:
l aThe district court, IN disposing q
| the motion, fled an extended mem
orandun opinion in which he dis
j cuss4d. somewhat elaborately. varfou
grounds Of the motion. A large por
| tion Of the discussion Is enbodie
under the heading: Can all the ter
! (c1ntinusd on Pare .