In Re Lamb

This is a habeas corpus proceeding wherein the petitioner seeks his discharge from imprisonment under a warrant of arrest issued on a complaint against him in the justice’s court. The complaint attempts to charge him with a violation of the- Corporate Securities Act. The ground of his application is that the pleading does not charge him with a public offense.

The pertinent provisions of the Corporate Securities Act (Stats. 1917, p. 673, amended 1919, p. 231, 1921, pp. 1008, 1114) are the following: Section 2 defines certain of the words and phrases used throughout the act. Subdivision 3 of section 2 declares that “the word ‘company’ includes all domestic and foreign, private corporations, associations, joint stock companies, and partnerships, of every kind, and also trustees, as hereinafter defined.” By subdivision 4 it is provided that “the word ‘trust’ as used in this act includes all voluntary trusts, as the same are defined in the Civil Code, expressly created by or declared in an instrument in writing, ... to carry on any business or to secure the payment or repayment of money.” Subdivision 5 declares that “the word ‘trustee’ . . . includes only persons or companies…