The Bismarck Tribune Newspaper, August 21, 1928, Page 9

TUESDAY, AUGUST 21, 1928 BAR PROPOSES LAW REDUCING same as between independent na- tions. It has not A hes to the judg- ments of a state force and effect of a domestic judgment beyond the jurisdiction declaring it to be a jud, ment. It has made it only a do- mestic judgment as to the merits or procity between the states than be- tween ind dent nations. A Min- Peremptory Challenges Which] nesota jadgment is practically of no May Be Exercised in Se- lection Too Numerous more avail in North Dakota than a Canadian judgment. Under our pre: ent practice it is necessary that formal action be brought upcn judgment or decree for money ren- Proposal to revise the law govern-}dered in a foreign state. This is ing criminal procedure to reduce the|merely a procedural device, and is number of peremptory chal'enges| utterly useless, There should be a which may be exercised in selecting a jury may be recommended to the Mean by which a certificate of judgment or order rendered by the state legislature by the state bar as-|Court in anay state be recognized in sociation, Reporting on suggested changes this state. “Since congress has express au- in the criminal law, the committee|thority to declare the effects of appointed by the bar association to| judgments and decrees in the states study the subject has included this|where enforcement is sought, any among its recommendations. Final| legislation for the Biter should action will be taken by the bar asso-|take the form of f ciation at its convention in: Minot September 5 and 6. “Chapter 218, Session Laws of to the state and the de- inal cases 20 per- emptory challenges when the offense charged is murder in the first de- gree,” the recommendation said. “In the case of other charges punishable by imprisonment, 10 cl n allowed, and six challenges in other Prosecutions. “The legislature displayed good sense in making the number of chal- lenges equal as between the state and the defendant. But it is a mis- take to retain such an_ excessive number of challenges. We recom- mend reducing them as follows: Mis- demeanors, 3; felonit A capital cases, 10; with a provision, however, that the trial court may, on good cause shown, allow either side additional peremptory challenges, not to exceed the number granted as of right. Such a law would greatly ex- . pedite criminal trials, and could not result in- any: injustice to either de- fendant or state,” Want 7643 Repeal Recommendation that the le; lature be asked by the state associ ation to repeal section 7643, Supple- ment of 1913, was also made by the committee. The law provides that when, at the close of the testimony, any party to the action moves a di- rected verdict, and the adverse party objects, such motion shall be denied and the court shall submit the issue to the jury. The committee expressed the opin- jon that the law is probably uncon- stitutional. They also believe that ‘during the course of a trial the law ties the hands of the presiding judge and hampers him in ruling on the introduction of evidence. In view of several recent decisions of the state supreme court, and in view of the Practice in a number of district. courts, the committee said, the law has become of no practical force and is generally regarded both by judges and lawyers as a nuisance. Another recommendation made by the committee was that a provision be enacted by which a certificate of a judgment or order rendered by the court of any other state may be reg- istered in this state. After the reg- istration the judgment or orde: would have the same force and ef- fect as a local judgment. “Article 4, Section 1 of the United States conitstution provides that full faith and credit shall be given in each state to the public acts, records and judicial proceedings of every state,” the recommendation reads. “Congress has gone no further than to make the judicial relations between states substanatially the G. P. Shop Erbe’s Shop Annex Shop _Dolan’s Shop » 5; so-called | ! Barber Shops Close at 6:30 p.m. Saturdays 10:00 p.m. ~ We are doing this because we can serve the public better by having the full force at work during the 6 o’clock dinner hour. leral law. “Perhaps the greatest burden of useless expense and trouble to our local practitioners arises from the lack of gh Procedure for se- curing full faith and credit to pro- ceedings of courts of other states in the matter of appointing execu- tors and administrators, and in the [pada of estates generally. Ancil- lary probate proceedings are a use- less technicality. There should be legislation recognizing the author- ity of the primary administrator or | executor upon registration of his jorder of authority, and for the regis- tration of final decrees of distribu- tion, making such final decrees ef- fective both as to real and personal Lado within the state where reg- itsered. “The present le code is im- practical, inefficient, a constant ‘source of peighborhood irritation, and very expensive in operation, at least in rural counties. Our associ- ation can render a great service to the state by undertaking a thorough investigation of juvenile delinquency with a view to determine its cause and extent.” Antiwar . Treaty Is Occasion for Prayer London, Aug. 21—(7)—The Arch- bishops of Canterbury and York have decided to make the signature of the Kellogg anti-war treaty the occasion for prayer and thanksgiv- ing in parish churches throughout the kingdom, Lord Cushendun, acting foreign secretary, has written a letter to the Archbishop of Canterbury praising the call for prayer. The letter reads: “The treaty, as the American secretary of state has widely warned us, may not immediately finally banish all war from the earth, but it will be the most impressive declara- tion ever made by mankind-of a de- termination to preserve peace, and will inspire the nations with confi- dent hope such as they never have had till now, of deliverance at last from the sickening abomination of war. There can surely then be pre- sumption in believing that without livine sanction and guidance such consumption could not have ~been chieved and it therefore seems en- irely fitting that this memorable event should be associated with the public Worship of the national church in the manner enjoined by your grace.” The railroads of the United States use about 130,000,000 new wood ties every year; there are about 3,000 to the mile. Harrington’s Shop Broadway Shop Knott’s Shop THE BISMARCK TRIBUNE ‘ PAGE NUS Celebrities Who Saw New Celor Mevies Here are some of the celebrities and scientists who g t ness the Eastman demonstration of motion pictures in the full scale of natural colors. At the left is! Thomas A. Edison, famous inventor and friend of George Eastman who took advantage of Eastman’s|ind most of the last minute celluloid film to make eel ene es ; General John Pershing; George Eastmai sana St. Andrew’s U tho gathered at Rochester, N. Y., the other day to wit- Next, left to right, are: Sir James Irvine, ersity, Scotland. Adolph S. Ochs, New York! i i Prineipal and Viee Chancellor of|fSury’ of - —- ‘ jeeptance Wednesday night, but has’ tho state fair. A-v speeches if} AL HA yet to place his cards on the table Makes on these occasions wil as to campaign plans for the imme- | non-political. 4t the fair he imtemy jdiate future. to discuss state problems. i Conjecture in connection with rE MAP TALK TOUR |these battle plans in the making not’ Eugene W. Leonard only embraces the date and field| = . j 4 \for the governor's first strategic | Is Resting E Completes Reply to William) thrust, but the probable extent of | ene W. Leonard, ist of the First National seas, his campaign and the number of! Allen White's Sensational [speeches he will make, The terri. "| - tory covered in the talk about town a eR rwent an Charges reached down the eastern coast to|! At the Miller orpieal aaa |the south, thence to the middle west | ‘paul a weck ago, was restin BY D. HAROLD OLIVER jand far west, but this remains for this morning, word from St. Pauli J », N.Y. Aug. 21.—)—One |the nominee and party chieftains to | {¥S ™ Cretliated Prive Sta‘t Writer) |map out, rs far ea definite knowl. serie catieee: Geel : of the big questions now facing Gov- |edge goes. ee ernor Smith is where and when his Friday he will leave for Sea Girt, | first shot of the presidential cam- | N. J., where he will review the s'\' ulcer od paign will be fired after leaving national guard regiments and attend than appendicitis, as it Albany. !a big democratic rally on Satur- | orted at fi The ulcer b He has completed bis reply to'day. He will spend the week-end hours before Leonard was t O William Allen White’s charges ‘n-|near the sen coast resort and return pital, the messare rect of volving his record as a New York to Albany to prepare for his trip to ; state assemblyman, which will be | Syracuse, where he has engagements made public tomorrow morning, | August 29, to attend the annual din- y ner given by Jerome D Barnum, | after the operation. j preparation for de-!publisher of the Syracuse Post- cken while enjoying @ Va his speech of ac-|Standard, and August 30 to take in | tion in Minnesota f WILL NOT Drain and Fill Standard Oil Company It stands the test of travel! It is the one motor oil that does not dilute—thin out— break down! The miles make no change in Iso=Vis. It always protects the bear- ing surfaces and it wears and wears and wears! with Iso=Vis Today! At Any Standard Oil Service Station and at Most Garages (Indiana) Bismarck, North Dakota