The Nonpartisan Leader Newspaper, June 29, 1916, Page 6

XS - ~ This ,picture shows “know that this inyestigation . specific charges, with which voluminous 5 proof wag offered..invo'Ting .divulged to the Leader. This June 17. Addresses were UTSIDE of the North Dakota O State Bar ‘association there is probably no. one in'ANorth Da- kota who kmows about one of the most sensational investigations that ever took place in this state. How many know that in 1914 the lawyers of ‘the state made an investigation of the North Dakota supreme court? How many brought out and fairness of ‘the highest tribunal of justice in this commonwealth? Yet such an investigation was made . and it revealed a most serious: situation —so0 serious that the State Bar associa- - tion decided that it should not even be made public for fear of the tremendous effect. The lawyers kept the proceed- ings dark, so far as ‘publicity was con- ¢erned, but the supreme court judges were advised of the whole matter and thus by indirect intimation the judges were virtually threatened with publicity if they did not mend their ways. -The facts in 'this case have been The ‘Leader has copies of the ‘original documents and is in a position to inform the people of the _state of the circumstances. "In 1914 the judges of the supreme court were Spaulding, Fisk, Bruce, Burke and Goss, the same as the membership i8: now; except for Spaulding. Three of “the present judges are before the people in the coming primaries. Judges Fisk, Burke and Goss are seeking reelection, while Judge Spaulding, who was retired does ‘all the work and produces all thin while you are so fat? ey Big ure. So he must squeeze you to keep. me fat and gratify his ‘whims and The League picnics in the parts of the state where German- shows a part of the audience listening to an address in' German by H. E. given-both in German and English. The English only a part of the German portion of the gathering. the tategrity rules of law._ applied, and tha : _rumors were of sufficient currency to.. attract ‘the official “attention of the *association.”. S L Farmer’s Pocket-Book: My ‘master | the wealth, ‘then - why does: your | master: step. on ne ‘and keep me so | master hates work and loves pleas: | - 8, . That’s. why you get step- : - Grave Charges by by the people from the bench two years ago, is ‘running for election -again. MANY LAWYERS £HOVSED BY ACTS OF COURT For some time there was a conviction: amorz—theawyers of the state’that. the supreme court' was altering the facts in cases before “it, -to bolster:" up - the court’s opinions.. Lawyers, some of them the most able and prominent in the state, felt that the ‘supreme court was dis- honest. They were’convinced that the court often did not ‘state the facts in cases before it fairly, but changed the facts so that they would bear out the opinions the court had written. In'this way the written record of the supreme court decisions always seemed to war- rant the decision made. ‘They believed the court was keeping out of the record facts that would put in question their de- cisions. In other words, the impression generally among ' the lawyers was that the court 'was :playing politics—the worst kind of politics, because it was playing with justice for the people. This conviction among the lawyers came to a crisis in 1914. It was so strong that at the meeting of the State Bar association in September that year at Grand Forks it demanded attention. The Bar association therefore appointed a committee fo They wanted to find out just’ how far the court had been discredited among the lawyers for its alleged unfair decisions; with the idea of letting the court know in what light it was being looked upon - by the lawyers.®* This, it was felt, would give the judges a chance to reform with- out any undue publicity, if any reform was needed. ' COMMITTEE’'S REPORT SHOWS SITUATION. WAS SERIOUS Tlow serious the matter was later was stated by the investigating committee. The committee said in its report: “That this committee was appointed of itself proclaims, ‘without any explan- - ation, ‘the regrettable fact that rumors: were afloat among the members of the bar of the ‘state to the effect that our . highest court misstated facts to bolster There were in 1914 about 600 attorneys admitted to the bar in, North Dakota. * The investigating committee oft the Bar association’ decided to get m touch with. the 150 of these who handled the most: ' cases on appeals. . The 150 lawyers they. “selected - to- : ; Anterview on' the subject cases in the state P. speaking farmers are_most speaking f investigate the matter. bulk of the appealed. ;"'they,_s_vere the 150 numerous have ourt - How State Bar Association Acted on Leading Attorneys most able and prominent attorneys prac- ticing"- in * North - Dakota. ' To * these lawyers they. sent the . following ques- * ‘tions for confidential answers: “Is there a current belief among the ' .members..of -the bar that the supreme court is in,a habit of making incorrect: statements of facts as the basis -of .its - decisions on law ‘questions ? ; % “Do you personally believe that the court is in the habit of so making incor- .Tect statements of facts? - : “Do_you know of any specific cases in -Wwhich the court hasso misstated facts? If ‘you do, give particulars.” s The result of a compilation of the answers received from these questions was asteunding. S ] Of those who replied 70 per cent said there was a general belief among law- yers in the state that the ‘court was mis- representing’ the facts in its decisions. Half of his 70 per cent said they believed _ the rumor’ well founded and that ‘they believed the charge was true. Scores of alleged instances were given. HERE ARE THE WORDS OF CONSERVATIVE LAWYERS But this expression of the state’s most able lawyers was kept secret. This is the first publicity it has had. - The com- ‘mittee’s’ recommendation in full was as follows: o “It is very. improbable that the judges of the court know the extent to which they are being criticised in the respect We are considering. ' There 'is no way in which' they could adcquire the informsa- tion. No member of this committee or of this association would feel warranted in assuming the responsibility of inform-- ing them. In‘all probability, no one has " assumed the responsibility. They should & know: of them. . Your committee, the fore, respectfully recommends ‘that this report “and all the proceedings of the association in:receiving and acting upon it, be not spread upon the association records, or, in any manner, made public, . but that a copy hereof, together with a statement of -the action of the associa- tion with reference thereto. be furmished by the president and secretary to the ‘Supreme court by. transmitting the same to the chief justice” - incorrect, statements of facts as the basis of its repeated the: success of the gatherings_ in‘other ct;liimunities;:;-’ S 5 Behrens, one of the League staff:of speakers, at- Strasburg, Emmons county,’ Saturday, SRR armers enjoyed "a program of sports while the German speaking was' going ons ¥ * urging that the court is in fault are a . be careful that he does not mistake par- - 7 1 by anything the court has done makes it Theé findings of the committee in full - ~is as much a matter of co quite general, but ive claims of that the criticism of the - 1 made by about ten'per cent of }.he pra;- ‘7 e &) titioners. in that court.. Among - those’ s * e number of lawyers having a large volume i : of business in the court and of the - i highest standing inthe profession, . = .- WAS “DETRIMENTAL TO" " Sy THE PUBLIC. WELFARE” - ey T “Third. " ‘That the discussion-is suffic= - iently “current ‘to tend to:-lessen' the ’ respect.in’ - which”the ‘courtis held, and " is:‘therefore detrimental to<'the “public:". welfare oo paemaolRians iR % “Fourth. ' That, while it is the right -and perhaps -the duty ‘of any attorney. ' knowing ‘of any court being corrupt or. negligent in passing on.the rights of his .cliént or of the citizen generally to make -+ _the = facts known, he should be ever" mindful that it is also his duty to’uphold and strengthen the. hand of the court : and preserve its standing and dignity S ‘with “the people. He should therefore tisanship and disappointment om his part for error on the part of the court; and, before allowing himself to proclaim the 3 court either corrupt or careless, ‘he - N should pause and consider well. - “Above all things, the lawyer having no_intelligent basis for criticism should 5§ studiously avoid lending countenance to' 3 e B charges of wrong doing on the part of - Fhand the court by promiscuous discussion of 1 its alleged wrong-doings, of which: he; : i | knows nothing. ; ¥ S “Fifth. 'The judges of the court on their part (if the . existing situation’ - should be brought.to their attention) s should, in the interest of the best admin-- =~ ' istration of justice ‘and the preservation. = ' . of the dignity of the court as an institu- " tion, lay aside any thought of personal. ' offense at criticism leveled at.them, and, in all things, endeavor to void even an unwarranted criticism. ey “The interest of the court and the public- are above the interests of :the - judges as individuals, -and the fact that . ‘the criticism:as it is made is unwarranted - none the less the duty of :the judges'to” == f ¥ take cognizance of the situation and help- = - convince all people by the means at their. command that it is unjust.” .~ . WISHES LEAGUE WEL The farmers have agreat oppo: in this' and all similar ) nate representation gislature. “ The" sincerity - of th 1