The Bismarck Tribune Newspaper, July 12, 1934, Page 2

cited these things, be said, to show! to determine whether the facts stated that his service in the federal relief! have created a condition which dis- \setup was not of his own choosing. (qualifies me from sitting as a mem- | Pointing out that he was a witness, ber of the court. tin the Langer bir he Maglite the Authorities No Aid (nature of his testimony there and, ,, ae \said he had no idea a3 to whether! ‘I have consulted the different au: \thorities relating to the disqualifica- To Christianson lis Celabnbe esiulatee Terely ar bea | tion of judges but have found little seas A Sitting oe Case id. The legal provisions in. (ments as to the relief setup and or-/0% no ald. The legal pr ; Judge Christianson in a lengthy pre- | ganization. ers ose ian Gaus Garena pared statement in which he reviewed |“ ‘The law provides that no judge, Were HEE DERG GB une his connection with the federal relief stall sit in a case where he has a| hae od ies Pred ¢ + Se thee i Ang Pad ae financial Hata Christianson said| Heh standai oe a e eral he has none in the Langer ouster case; ig mung atte ee birelhgsiitae ‘hat service as relief Lele ni tor had cost him menty, ead he had raised the same question at ® bringing him gain, allie. he ary | exted, Preliminary heuring before the court,/erated his own automobile thousands| “In many states a trial judge who Christianson said he desired to Pre- of miles, furnishing his own gas and| later becomes a member of the ap- sent it again and to inquire of counsel | oj1, | pellate court is Permitted to sit in whether they felt a district judge, Saying he was conscious of no pre-| review of his former cecisions. In should be called in his place. |determined opinion in the case, he| North Dakota this has never been per- Had facts recited were that in 1933|asserted he recognized its importance| mitted. le was named by Governor Langer as/and had no desire to shirk his official; “In short, the standard set in North chairman of the federal emergency re-/duty. He had searched for legal) Dekota is not merely that the mem- lief committee and accepted only be-| precedents, he said, and found noth-| bers of the court shall in fact have couse he was told his retusal to serve| ing which would legally disqualify him No interest, but that there shall be would mean delay in giving ald to|fiom service, the general trend of Nothing in their relations to the cause the needy people of the state. His|such matters seeming tc be “all one|that shall tend to cast suspicion upon ¢ecision was reached, he said, after| way”. | the fairness or correctness of the de- conference with other members of| Pointing out that he had presented|Cision. With that standard I am in the court and as a matter of public) the question to counsel before, he/ full accord. During my entire service duty. |asked them to express an opinion as | as ®& member of this court I have Twice during 1933 he tried to re-|to whether he should sit in the case Never knowingly deviated from it. You sign, he said, but each time his res-|in view of the facts presented. |men are all officers of this court. I ignation was rejected by Langer and} The text of Judge Christianson’s| ®sk for an honest, frank expression of by Harry Hopkins, head of the fed-| final statement to the attorneys fol-| your views. Is there any objection on eral relief set-up. He cid not insist,! lows: the part of any of the parties or coun- he said, because he did not want to| “The responsibilities devolving upon’ se! to my sitting as a member of the interfere with the relief program and/ the members of this court in this case | court?” thereby bring hardship upon the peo-| are of the very gravest nature. Iam} Replying for defense counsel, of ple. The nature of this relief, he ex-! perfectly willing to discharge my re-|whom there were four present, At- Plained, is shown by the fact that the! sponsibility, whatever it is. I have|torney General P. O. Sathre safd that gcvernment spent $1,600,000 in March) nc desire to avoid a task because it|he and J. A. Heder, assistant attorney and $2,385,000 in April and May of! is unpleasant or difficult. The first | general, represented Secretary of this year in relief enterprises. He| responsibility which confronts me is|State Robert Byrne, defendant in a For Fully-Aged Beer Phone 88 That is the number which will connect you with Hi Quality Products Co. 1800 East Main 2 CONTINUE from page one Defense Objects D tribunal participating in the decision 2) of a@ case shall be in no wey inter. Bismarck, N. D. We are proud to announce that this firm has just been appointed as our distributor in your district. Through this connection, Blatz patrons in this city and vicinity will enjoy prompt service on Blatz Products—noted for quality since 1851. Your patronage will be appreciated. BLATZ BREWING COMPANY MILWAUKEB (Established 1851) Good Old Biatz Beer— brewed under the formula of a famous old beer— fully-aged to bring out all that you like best in real beer. He cully-Aged. Hi Quality Products Co. Phone Bismarck, N. Dak. 1800 East Main .{that the members of the highest) collateral case in which Walter Stit- el, Bismarck, seeks to force the filing of his oath of office as state highway commissioner under appointment by ; Olson, acting as governor, Burdick To File Brief Sathre said Francis Murphy, Fargo, and Bronson represented Langer in the case. Sitting with other defense counsel, also were ©. G. Bangert of Enderlin, state senator and himself & candidate for a place on the supreme court at the fall election, and U. L. Burdick, Republican congressional |nominee. Bangert and Burdick do not appear as attorneys of record in the case but the latter was given leave \to file a brief asa “friend of the court” bearing on it. “the highest regard” for Christianson, said he was will- ing to leave the “to the good conscience” of the judge but asked time to confer with others in the case before expressing an opinion. This being granted, the defense attorneys retired and a few minutes later re- turned with their request that Christianson not sit in the case. It was during the interim that Bur- dick asked leave to file his supple- mental brief, entering into a discus- sion with Chief Justice Burr as to how much time he could have in its Preparation and being told that he could file it “any time” before the final decision was handed down. As the defense attorneys returned to the courtroom, Judge Christianson remarked that if any attorneys would be embarrassed in making an oral de- claration as to the propriety of his acting, he would be glad to receive a statement in writing. Bronson States Attitude Disregarding this, and with some obvious embarrassment, Bronson ex- Pressed the greatest personal respect and friendliness for Judge Christian- son, referring to him as a personal friend of many years standing, and said he appreciated the fairness of Christianson’s statement and attitude. Designating the case as one of great public importance and the sub- ject matter as of great public con- cern, Bronson said similar questions court several days ago,” thereby inti- the delay. not sit in the case and the postpone- ment was ordered pending selection of a district judge to sit in the case and his arrival in Bismarck. In the background, both of Christ- fanson’s question as to whether he should sit and the defense request that he retire from the case, are hints of a possible investigation of the state relief administration in the event of @ special legislative session, That this has been discussed has been inferred by Langer partisans, THE BISMARCK TRIBUNE, THURSDAY, JULY 12, 1934 To Perform at Mandan Hensler Boy Succumbs To Stomach Ailment|™r Malcolm Keith Smith, 16, son of] England's gas industry has Mr. and Mrs, Ben W. Smith of Hens- | tal of more than $1,000,000,000. Almost Instant Relief From Neuralgia QUICKLY MY NEURALGIA Here is quicker relief from safe relief, it is said, ever This is due to a scientific Serer yp which, BAYER Aspirin starts hold” of pain a few minutes after taking. Po story.. or work —almost ~~ This ick rele from pelafewer lest Rours from ig tis, py ao ¥ 4 ine does not hare tthe heart’ STANLEY SLOAN ON ‘CLEAR THE WAY’ Pictured above is Stanley Sloan on one of the outlaw bucking horses which will appear in the rodeo at the Mandan Fair, July 16 to 19. Sloan, who lives at Weta, 8. D., now the bronc rider of North Dakota. i WHY BAYER ASPIRIN WORKS SO FAST Langer as governor. Langer is disabled from office by reason of his that therefore a vacancy the lieutenant governor. 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