The Nonpartisan Leader Newspaper, September 7, 1916, Page 21

(Continued from; page 4) judges who have emerged from their closets with rule of thumb logic predom- inating in their decisions. The appoint- ment to the United States supreme court of a man like Louis D. Brandeis, famed as the people’s lawyer, is a dis- tinct shock to such people and their faith in the perpetuity of our institu- } tions is shattered. . Yet I dare say that { the selection of this man with his great ‘ o twentieth century mind is not only the ! - most popular appointment ever made to T the highest court in the land, but is one RN ; . that is most auspicious and full of 4 promise for the court and the people. ‘These so-called conservatives forget that there is no particular -magic in ancient expressions that will give them The Courts and the People that “it 'is upon public opinion, moulded by tradition, that all free governments must in the last resort rely.” To advo- cate that the doctrine of judicial inde- pendence be carried so far as to require the ignoring of the basic facts of our modern national life is to set the courts directly in the path of progress and to hamper them in the proper exercise of their important functions. At the other extreme there may be a few ‘who would expect the decisions of the courts to follow the election returns “and vary with every manifestation of popular desire. This is an impessible course, requiring as it does the depart- ure from the basis of habit and custom upon which organized society relies for the source of all law. The people as a whole are conservative and would no “The meaning of the constitution is to be sought as much in the national life as in the dic- tionary.” It was not an agitator who said this, but a justice of the United States supreme court. Some of our judges have their noses so close to dusty tomes that they can’t recognize justice and human need when they meet them. We want an “independent” judiciary, don’t we? But what do you mean by “independent”? Read what Pro- fessor Birdzell, the people’s candidate for the supreme court, thinks about it. There is no ‘ [ | § i vital connection with and application to > \ ! 34 4 he «© ~ '&f' AR g Yoiask .~\ 5 ‘ - d = “ sense. il Ve . the affairs of today and‘that there is no : form of legal alchemy by which ancient \’f;, expressions of ancient rules of accepted } wisdom can, be made the formulae of our 5 BT ] twentieth century civilization. - Society 3 1 cannot be recast into the moulds of cen- o B ‘\ uries gone by. A, 3 5 B PROGRESS CAN'T- BE CHECKED ° BY HOARY FORMULAS Progress will not be thus checked any more than the waves were retarded by the command of Canute. We may accept Bryce’s statement as true. He says SATISFY {THEM____ | { The good dressers find it easy to select from oeur stock, and our = $18.00 == Suits and Overcoats for men and young men have the quality, style and fit right. Remember we guarantee every suit and it. ”'i‘l;lc:s: are special tailored to order suits. HAGEN & OLSON 302 Broadway FARGO, N. D. WE s e e 3 k) s Our new fall catalog is-a volume of inspir- ation. . Why. not get one? e must have 100 more graduates. than ux? n:¢l year to ’s%dy the demand. Wil gou be one of them? hy mot? . AAKERS BUSINESS COLLEGE " FARGO AND GRAND FORKS The Hoiland Wild Oats - Separator £1) jfi. .44_’—-*—-—1\]‘:_ | G 2 Can you farm _successfully without this wild ‘oats sep. T ¥ £ e New special catalog ‘just out will be mailed on applieation. e R ALBEKT H AR reason why good law should not also be good ‘ghouls, represented by carrion vultures more countenance a vacillating judiciary than they would a servilé: one. ‘ LAW SHOULD HARMONIZE WITH LIFE OF PEOPLE Under our scheme of government, and-: in - every government where liberty: is held ‘in- high esteem, ‘the judiciary, will ever remain' a potent factor, for to its. tribunals resort must ever'be had. for the definition, interpretation and:application of the .law according to which society consents to govern itself. -While it is essential that the judiciary shall ever'remain independent of all cor- rupting influences let. it not be thought that - the judiciary must be wholly unmindful of he great currents of our national life. Said Mr. Justice Miller of the United States supreme court: “The meaning of the constitution is to be sought as much in the national life as in the dictionary.” * This is but another way of saying that society does not exist for the pur- pose of furnishing a laboratory in which to test antiquated legal dogmas but rather that law should be the servant of society and to this end it should be harmonized with the life of the people. BIRDS OF PREY Editor Nonpartisan Leader: ~ The Bismarck Tribune, in an editorial of recent date eulogizing J. P. Morgan, remarked on the fact that the present Morgan had made more money in the last two years than the elder Morgan had done in his entire career,- stating that young Morgan’s opportunity had come . during the war. . The Bismarck Tribune’s editorial fairly glowed in advocating the pride that young Morgan ought to feel in that accomplishment. J. P. M. has clearéd about twenty-five millions in a two per cent commission on ammunition alone consigned to the allies. Whether the traitor Morgan, whe is playing the role . of serving two countries at once (he is financial agent to the British -court of St. James) takes pride in it or mot, I ' can’t say, but the Mammon-worshiping editor of the Bismarck Tribune certainly makes it plain that he does. When it is considered that, Morgan’s millions have been piled up direct by aiding in whole- sale production of millions of widows and - orphans and dead men who never, harmed him the. farmers of North -gDakota .can _certainly find» great cause for congratulation that they are remov- ing the state out of the power of such e That the Public May Know: The PIONEER LIFE has more insurance in force on the lives of citizens of North Dakota than zny other life insurance company. The PIONEER LIFE has written more insurance in North Dakota than any other company for the last SIX YEARS. . The PIONEER LIFE in 1915 wrote $1,000 out of every $5,500 life insurance written by ALL companies in North Dakota. 2 ! The PIONEER LIFE has $1,000 out of every $7,600 in force in North Da- kota in ALL companies. The PIONEER LIFE'S home is in North Dakota. The above record there- fore was made where the company is best known. = Does this mean anything to you? Why wait until you are solicited for life insurance? formation so your leisure? X s We-have a brand new policy under which you don’t have “to die to win” and . under which you positively need not lose your insurance if you cannot keep up the full premium. ) i Pioneer Life Insurance Co. BT PIONEER LIFE BUILDING FARGO, N. D. Why not get full in- you cafl make up your mind on this very important matter at Gentlemen: ] Without obligating me in any way please send information about your new policy. I was born-the.... and my occupation is. about a p}flicy : {00 g ARt U . “The Pioneer Has Strength” J. R. Kirk Commission Co. Inc. a < SALES AGENCY m?%gghg%?kml%mefl" OF THE : American Society of Equity CONSIGN YOUR LIVE STOCK TO US AND GET A SQUARE DEAL e "ANOTHER ASSOCIATION SEES BENEFIT IN SHIPPING LIVE STOCK TO THEIR OWN SELLING AGENCY J. R. Kirk | Manning, N. D., Feb. 8, 1916 Commission €o., So. St. Paul, Mian. g Gentlemen: - Drafts. received for car of hogs shipped you Jan. 21st. through Dunn County Equity Shipping Association. = All members that had hogs in the shipment are awfully well pleased with' the good returns and fhe way you have handled. the goods. . Will ha ve several more cars to start from Dunn Center next week. With such good returns as you secured us, will mean more cooperation .among the farmers at this S . AJ.BRETZLAFF, Shipping Manager, Yours for more cooperative business, ks e " . Fargo’s Only Modern Fire Proof Hotel . - POWERS HOTEL Hot and Cold Running Water and Telephone in Every Room FIRST CLASS CAFETERIA IN CONNECTION. On Broadway, One Block South of Great Northern Depot. | FARGO, N. DAK. ’ THE PULLING POWER : et -—- Of --- ' ADVERTISEMENTS in the : Nonpartisan Leader Comes from the fact that the Leader goes into practically every farm home in North Dakota and many in South Dakota, Minnesota and Montana, and is read by more than 125,000 persons each week, most of whom are interested in patronizing . its advertisers, ' Guaranteed Circu‘lation : - and . - Satisfied Readers - THE PULLING POWER | RS R FES PR TR # RS AT R AT