The Nonpartisan Leader Newspaper, July 13, 1916, Page 6

R YR RO A ptist A — A RO ———— e - itude for Mr, Loftus’ work by adding to this fund for his family may do * When the Serva ‘plicated; there is no reason for our judges to magnify their office. Their duty is simply to decide on the essential questions of law and of fact which may be presented to them in each case. There never was any reason why industrious judges of good common ' sense -and a little knowledge of the law: should not be able to keep right up with their work and to do it well. That -is truc of all courts. 737 Were the same or similar work sub- mitted to corporate lawyers who had to do it or to lose their job, it is certain that so many cases would not be held up for months and for years, and “for the " recurrence of court terms and the need- less printing of records, and a large number of the cases would not be dis- missed because of minor defects which might be corrected in a moment. As corporate lawyers have no con- tempt process, and no secure tenure of office, they do not look to their employ- ers for reverence or flattery, for subservience or homage. They do mot make rules or rulings to control or hamper or in any way to impose burdens on their employers. Whoever heard of a big lawyer saying to the late James J. Hill, “I cannot look 3t your type- written matter, you must first go and have it printed according to my rules, though it cost you $1400 or $3600.” ARBITRARY POWER THE RUIN OF JUDGES In such a case Mr. Hill would have found a way of promptly recalling his big lawyer, but with our big lawyer Jjudges it is all different. They have a secure tenure of office; they work with- out any supervision or control; they are free to do as they please, and to protect themselves from criticism by a sum- mary contempt proceeding; they have even held that it is not in “the power of the legislature to so regulate either the procedure or punishment in con- tempt cases as to destroy or materially impair the inherent right of courts of general jurisdiction ‘to punish for “contempt.” - 5 The courts are very jealous of their contempt prerogative. This they inherit as a relic of the divine right of the kings." “When arbitrary power was banished from the earth, it found a refuge in the bosom of the judges.” And ‘it has' done much to swell the Jjudges and to unfit them for their busi- ness, because pride goeth before destrue- tion, and a haughty spirit before a fall. Apparently, for the purpose of mak- ing their own work easy, the big judges from time to time make rules imposing burdens on suitors. Thus, when there were only two terms of the supreme court in a year, the judges made 4a rule that no appeal should -be heard at - the next succeeding term unless taken ninety days before the first day of the term, and that all appeals must be sub- mitted on printed briefs and printed .records. X ; HE state is new; the 'laws ‘are simple; the titles are not com- Now, in 1913, as the result of per- .................O.........C‘................‘.........'.. (3 : . ~ Mr. Robinson is. the people’s candidate for the supreme court who led the entire ticket of justices in the primary election. in the state and throughout his career has been a, consistent advocate of simplified court procedure in the interest of the poor litigant. with being responsible for practically all the reforms that have taken place in judicial procedure in North Dakota during its history as a state. His record in practice in the courts of the state is so flawless that his enemies have not sought to attack it, but have made a bitter campaign of personal slurs against this man whese record in North Daketa entitles him to universal respect and admiration. Rich corporations and their lackeys count it against him that he is a plain, unassuming man, who lives a life of austere simplicity and at all times is the friend of :the poor and the oppressed. North Dakota will-do itself honor when it elects this man to the sypreme court. ...........b....‘........‘l...i'9......................... * Retard Justice 'BY J. E. ROBINSON Candidate for the state supreme court indorsed by the Farmers’ Nonpartisan League - . , \ uli;ler which appeals may be submitted sistent work, we obtained a statute. without a printed record. And'still the ~ ° ° ° ° ® ° ° 3 ° ° ° 3 ° 03 ° ° ° ° ° ® . ° . ° ° ° ° o ° ° ° ° e S @ ° ° ° 3 ° ° 3 ° ° ° ° ° ° ° ° ° e . ° ° 3 ° ° ° ° ° ° ° ° ° ° ° ° ° . ° ° ° ° ° ° ° ° ® He is a veteran of -practice : ° ° He is credited \ - dervant 1s the Dictatorial Acts of Supreme Court Add to Costs and aster judges invite such needless printing, ana rulethatinmeapartydoesithem.ay, tax and recover the cost if he prevails, And under the rules printed briefs mus§ contain - a -large port of the records Hence, in a recent case, the printed record covers 1500 pages, the briefs 800 pages, the cost $1400 (27 N. D. 391). " JUDGES CLING TO POMP AND USELESS FORMALITY ' It seems quite impossible for judges to change . their ‘'ways and. to reform their old pompous methods. 'And it is - hard for the people -to change their, judges, they have so much power lmd; influence. In. giving their - decisions, which are published in book form, it is' common for our judges to differ and to write dissenting. opinions, showing that: the one or the other must be radically wrong. Thus, in the last weekly N. W.! Reporter, * there are’ two dissenting opinions; in the one case Judges Burke and Christianson ‘make a strenuous dissent, -and -in the -other Judge Fisk makes a forceful and weighty dissent. ‘As“‘a rile: when judges differ so. the: decisions are based on narrow and:con- Mlicting case law, and not on justice and pure reason. BUSY MAKING LAW BOOKS . INSTEAD OF DECIDING CASES | ; % It is now a boast of our: supreme' court_judges that in eagh year they turn: out over three volumes of reports, andi»' it is true, because the decisions are of ' greater average length than those of any state court in . the Union. In. composing a decision with a stenographer and typewriter, it is much easier to give a literal copy of plead-: ings, documents and evidence than it is_ to state = concisely and accurately the substance of .the same. And to make’ lengthy quotations from the books and : briefs of counsel is much easier than it is-to state the material facts of the case concisely and logicdlly, and to give a decision based on law and reasoh. In former times, when the judge . wrote decisions with his own pen, they weére more accurate and less verbose. “Writing - makes an exact man.” In an: early volume of Michigan Reports, we find 71 decisions covering 519 pages—in ° 26 N. D. Reports we find 52 decisions covering 650 pages. In 26 N. D. there . is a case on questions of law alone and ' the decisionr and dissent covers 56 pages. Another case covers 40 pages. Another 45 pages. Another 54 pages. It seems that if judges wish to write a book, or a commentary: on the law, they should do it on their own account and not at the expense of the state. If the judges were to get up ‘in the morning and to solve a problem of geometry before breakfast they might learn to write decisions more . concise, accurate and logical, and to save the state about. as much as their salary. After fairly stating .and demonstrating a proposition, we gain nothing by lumbering it up. S The George Loftus Fund ‘ ,George S. Loftus, ‘pioneer of the Equity movement in Norfh Dakota and vigilant fighter for the common people against oppressive combinations, is lying on a bed of suffering wasted by a long illness and’ with small hope that he will ever again be able to fight the people’s fight. Gl - ’ : “Mr. Loftus was never a man of means. - What property he had has been practically exhausted for the good of the farmers’ cause and to “meet the heavy expenses incurred during his long illpess. family of a wife and three children in Minneapolis and little provision has been made for their future. : s Members of the Equity society in North Dakota believe it to be both their duty and their privilege to comfort Mr. Loftus in his desperate illness by taking some steps to provide for the future of his family. ‘Already a number have subscribed to a fund that is being raised for 1,:he ~family of the man who: fought their battles for them when he had a ‘world of enemies to meet and few to say a good word for him. = The -subscriptions will be -received from NorthfiDakota,--Sofith. - Dakota, Minnesota and Montana. Those who wish to testify their grat- 80 by applying for subscription blanks tothe Cooperators’ Herald, _ the Equity Co-Operative Exchange, St. Paul.” * ¥ He has a . ] “will 'see. The Herald and Courier-News _Fargo, the Equity Rural Credit association, Herald Building, Fargo, or DUTY OF REPUBLICANS The primary election is over and now we -can settle down to business again, and hear something besides politics for a month or two at least. The ticket nominated by the Republican -party is- deserving of the support of the party, _and we hope and trust that every Repub- lican- will put his shoulder to the wheel and help roll up a'rousing majority this fall—DEVILS LAKE WORLD. . THEY DIE HARD The news in the Grand Forks Herald ~and Fargo Courier-News to the effect that Langer is probably beaten by . Linde is another sample of the tactics of the kept press. They die hard, these old fossils of the stalwart age and they die with the same misleading words in their throats that have been: there for many campaigns. The truth of the matter "is ‘that -Langer has won a smashing victory. carrying county after county by tremendous majorities and ‘that Linde .is hopelessly beaten. Will the kept press publish Langer’s striking victory -when even the last stronghold of stalwartism is reported as lost? We are ' today ‘the most thoroughly dis- - credited papers in the state and that -fact is true because in the past. these "PAGE SIX .~ i 5 papers have not been fair to the pro- gressive f:rces of the state. They have both attacked the Nonpartisan <League with a fury and senseless rage that have merely helped in keeping the Non- partisan ranks more solid. The farm- ers of the state voted solidly for men that both of these papers warned them ' not to vote for.. The conclusion is elear to every fair minded man, and it is that newspapers, to maintain their influence must in some measure at least tell their readers the truth regarding . political conditions and ' musf in some measura voice the real aspirations and ideals of their readers. The Herald and Courier- -News have done neither of these things. The result is that their political support is' a liability rather than an asset. Undoubtedly the support given Attorney Cuthbert of this city by the. Grand ' Forks Herald cost Cuthbert votes in évery precinct where the Herald circu~ lates. The advocacy of Hanna by the - Courier-News also assisted in giving McCumber thousands of votes all over the state. Will the stalwart press ever learn its lesson? We doubt it, for the stalwart spress today 'is inteHectualls JOURNAL. i