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The nonpartisan leader. [volume] (Fargo, N.D.) 1915-1921, December 21, 1916, Image 3

Image and text provided by State Historical Society of North Dakota

Persistent link: https://chroniclingamerica.loc.gov/lccn/sn89074443/1916-12-21/ed-1/seq-3/

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In the interest
of a square deal' -ii|
for the farmer
5^v
Respect
the Courts
•. -"'"•c.i.--- i. •.
Plain on
Terms of
the Court
SSW9S
SfteM
THIS ONLY CHICKEH FSB DO AND I WltU
We IT THE POO*?£i5T^O« FEED 61?A0£.
WHEN THE PARMER SfftHQS IT IN TO SELL
£30N"b
IN N
S'K^5"'
^JkS^
:3
ing disrespect on the part of the peoplie for-the courts." .A situation in
r. lty over life and~property. Dignity, ex^ct fair­
—Yes,
But "jyof men \frho sit on our ^benches, clothed with
power that is almost too great to be delegated but
which must be delegated under our political system. Y-WcSV *-'J.
®When, therefore, men elected by the suffrage and trustedMe
sovereign people to these high places engage in an unseemly arid
honorable struggle to maintain office and the compensation thereof
beyond their terms of office, jfragging in the dust the ermine in which the
a scrap of paper of the constitution of file state, 'we have just about got
hold of that reason.
m-
THE PEOPLE OF North Dakota have read with humiliation in their
daily newspapers of jthe spectacle their bigh xjourt has made for the
world to gaze at. *But they have considered with
not a little satisfaction that they in&de no mistake
on November 7 when they retired Justices Burke,
th# terms bf office of the* supreme, court judges is clear and precise
on it on re a a
^l^j^Section 91." The term of dBce*of
article otKemise TO'Owded. Bfaall be six yearar Jang" theV shall hold their officer
4
a
'•^^^•'"Sectlon 924-The ju^ses o^the flupreme^j^rfc sh|^!, iDaime$ateIy after therfirat
^fection under this 'cfiristitation, te classified ay lot so that cmc-Bhall 'hold his offic
J'S^or„the ^sm'of three years, one tot the,term- of five years aftctarie for the term

-:W|ffi&.'
National Paper of the Farmers' Nonpartisan Political League
g'S' VOL. 8, NO. 25 FARGO, NORTH DAKOTA, THURSDAY, DECEMBER ,21, 1918 WHOLE NO. 68
Watch Closely, Ladies and Gentlemen, and See How It is Done
Hf-CtRADE
Kangaroo Court and Its Scrap
jp&a. yeluwjfrom ttie ^rst-Mouday in Decmb^ -w^u.
mINHE50TA?
^SOutHDA^7?
^OnVAtI^
E
pZ) •-Grading the Wheat Before Bjiying It "HF-Grading the Wheat When Selling It
MUCH IS SAID and written these, days about what is called "the grow- giving him a term of office beginning oh the first Monday in December.
disr
the constitution,
The constittftiori of North Dakota relative to the retiring judges, asked the supreme court for 6 writ, summoning the'^t^f
NoW, TH»S MIXTURE. WILL. A1/UCE THE FIMEST
mtirf^ndvAR i« cwnr an^'nMmca JFhe a«j 'ZW,
When
"Fairness"
is Really
Trickery
Theseconstitational provisions supei*eedeall s»tutes^^fijey are.th^^ Seejjiing fairness was givgn this proceed&ig* by mei^tfi^rawai"of
^asic and onl/^W, of t^ stateireg^dmg the term ctf offifte of^suprem^paie thriee retiring judges before the-writ was issued. There was no
'court- 3
udgesi^jln accordance \vith these provisions every supreme court 'fairness about it,.
however, and the naming of this improvised court wa^
udge ever elected in North Dakota has received a certificate of ^eetion^finconStitutional,^ nothing .Ijut ^^an^r^q court. It was unfaii^
The terms of the^first judges elected under the constitution began on that
down
THE THREE jhlJDGES electedby the people last November 7, Birdzell,
Robinson and Grace likewise receiving certificates of election from the
s—- governor and canvassing board, entitling them to
7 iT '^office the first Monday of December, qualified for
.LEW and office and requested their seats on the specified
4*
*335,
WHtmt. IN THE WORLD ANO )!»L
OOOST IT WHEN titit IT Ai FLOuR*
COMB.
A N® 1
A
Whe/^
?M
A.
(-a.1**5,
jggw A.
Judges Burke,
Retiring
It was not really a custom, for the matter of the date
on which the tenn ^of office started had usually been immaterial. Judges ¥€&
were elected and re-elected and held office continuously* so it made no
difference except when new judges were elected. The judges elected
November 7 believed it their duty to obey the constitution. They did
not.^nticipate the retiring judges would crfbject. They were elected for *{S-'
six years and th6ir certificates stated that their six years began the first ct?:i
Monday of December. They did not look "for the startling demonstfa-
i. AT THIS STAGE the attorney general, apparently with the consent of•*
SUV*?-^
«-:.-s^W...tr-'ii4
A magazines
that dares to
prwf the truth
ftv
**•"•''J 'V^S
sov~r
wheat
s.
the payroll another
destroy or supercede
newly elected and retiring judges before the court
to determine the matter. Retiring Judges" Fisk,
Burke and Goss withdrew from the court and the
two hold-over judges, Bruce and Christianson,
summoned three district judges to sit on the
supreme court with the hold-over judges to issue
the writ. The writ was issued by court' thus
^composed.
'&
1S
CtNTf?Al|
,V
1
*i
i1
n.

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