The Kimball graphic. (Kimball, Brule County, Dakota [S.D.]) 1883-1905, 1884-04-11
1AGaAaD AS wE;1sz. AS alzMD.
Absolute Need for More wsarers of the IN
dicial Irtiiue III Observation-Disclosures Who
aave Waited Twenty Months for Trial
Overworkod Judges. -

-- .L - -EEN -
Absolute Need for More wearers Of the IN
dicial I'r1,iae III observation-disclosures Who
Aave Waited Twenty Months sor Trial
OverworAca Judges.
Lawyers and laymen of Dakota alike
agree that the need for moro judges in
that vast and populous territory IS alb
solute and pressing, and the passage OF
the bill providing for two more judicial
districts, is urgently desired, on thehalf-
a-loaf principle. If, instead of two,
four more judges could be authorized
satisfaction would be doubly enhanced.
Dakota has $50 1882 square miles of
territory and four judges, mandy:
Chief Justice Edgerton, with head
quarters at Yankton. Judge Church
Mt Deadwood, Judge Hudson at
Fargo and Judge Palmer ITEM
porarily) at Sioux Falls. One Judge to
each 37.733 miles of territory is certain
ly scant provision for the d~ispensation
of justice. As aconsequencethe judges
are overworked, the iails are crowded
with prisoners, many of whom have
been incarcerated longer than their
term of sentence would reach, if they
are found guilty, while the civil calcn-
ders are overwhelmingly and hopeless
~ behind, 1t is set forth that not only
are criminal cases more plentiful in o
territory than in an established COM
monwealth where means of prevention
are abundant, but generally litigation ID
sure to be greater where titles and
rights purchased and vested are less
clearly defined, understood and &C.
k~nowledged. Under the law Of Dakota
none Of tie judges can be called upon
to hold court within the district of a
conferree who is disqualified by sick
ness or other cause, unless his own
time is free, and under the existing,
pressure such freedom is impossible.
The extent Of the domain renders long
journeys necessary, and there are g
Thousand delays incident to the new
ness of tho country, which initiate
against speedy hearings anddecisions OF
causes.
SPECIFIC COMPLAINTS.
Chief Justice Edgerton has repeated
ly complained that he has more work
than he can possibly attend to. Judge
Church, whose district comprises min
ing regions, i'll which suits at law are
as plentiful us claims, makes the same
complaint, While Judge Palmer, found
an appalling arrearage consequent up
OH the lapse oftime between Judge Kid
der's death and his successors appoint
ment. Judge Hudson's case would APP
pear to be the hardest of all. His dis.
trict covers the immense territory east
of the Missouri and north of the Forty
sixth parallel, and including such towns
rs Fargo, Bismarck, jamestown, Grand
Forks and Pembina. So Unfortunately
heavy was the demand upon Judge
Hudson's time and strength fhe was
compelled to work night and
day for weeks that he
broke down hereunder and was COM
PEELED to leave the territory and seek
recuperaticn at his home in Wisconsin.
He 9 sannomrced that he will be unable
to hold an April term at Grand Forks and
unless another judge can be prevailed,
upon to hold court in Hudson's stead
serious hardsbips will result. Examples
are plenty. OF the twelve indicted for
the murder of the Ward brothers, near
Devils Lake, three are under bonds
of 100000. Two under bonds rof IS, 600,
and the remaining seven are in Jail,
wherein, they have been confined since
early last fall. Their case is regarded
us SO peculiarly hard that A. Fl. Moves
of Grand Forks, one of their attorneys,
will go to Ynnkton md endeavor to pre-
vail upon Chief Justice Edgerton to
hold the April term. At Grand Forks
theresare a number of other prisoners
anxious for a trial, which already
has been long delayed. AT Pembina
there are stil more uotable eases, sew
eral prisoners there confined having
been in jail for twenty months. At
Fargo there are $50 cases on the dock
ct in which no orders have been issued,
and at Grand Forks there are 100 casea
in the same category. Bismarck and
jamestown, are in equally hard case,
while as previously stated, the southern
part Of the territory is little if any,
better off. The hardship in delay OF
civil causes is represented as bad enough,
but when personal liberty is affected
tho public is more eager for remedy.
Of course, there are innocent prisoners
confined under criminal charges; and
many Of these, a d guilty ones as we'll,
have wives, children OF other relatiy as
dep ndent upon them for a support
they cannot give. All in all, Dakots
sentiment is unanimous and pronounced
in favor of more judges and speedy APP.
pointment thereof-dir ision or no div.
sion.