The Warner weekly sun. (Warner, Brown Co., Dakota [S.D.]) 1883-1885, 1884-04-04

&%N&&AA VA MMA -
| atSt@s EEIAi4s - ACKNOWLEDGEMENTS W.
Have Waited Twenty Months for Trial
overworked Judges.
Lawyers and laymen of Dakota alika
agree that the need for more iudoas Il,
that vast and populous territory a al
solute and pressing, and the passage az
the bill providing for two more judicial
districts, is urgently desired on the half.
a-loaf principle. If, instead OF two
four more judges could be authorized
satisfaction would Be doub1y enhanced
Dakota has 150, 932 square miles ~
territory and four judges, nameIv.
Chief Justice Edgerton, with head
4darters at Yankton, Judge Church
at Deadwood, Judge Hudson At
Fargo and Judge Palmer (tem-
porarily) at Sioux Falls. One JUDGE Ia
each 81 1888 miles of territory is certain.
ly scant provision for the dispensation
of justice. AS consequence the JUDGES
are overworked, the jails are crowded
with prisoners, many of whom have
been incarcerated longer than their
term of sentence would reach. If thew
are found guilty, while the civil calen-
ders are overwhelmingly and hopeless
ly behind, 1t is set forth that not only
are criminal cases more plentiful in a
territory than in an established com.
monwealth where means of prevention
are abundant, but generally litigation il
sure to be greater where titles and
rights purchased and vested are less
clearly defined, understood and ac-
knowledged. Under the law of Dakota
none of the judges al be called upon
to hold court within the district 81 D
conferree who is disqualified by sick
ness or other cause, unless his "
time is free, and under the existing
pressure such freedom is impossible.
The extent of the domain renders long
journeys necessary, and there are 4
thousand delays incident to the new
ness of the country, which initiate
against speedy hearings and decisions 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, in which suits at law are
as plentiful as CLAIMS, makes the same
complaint, while Judge Palmer, found
an appalling arrearage consequent up
on the lapse o time between Judge Kid
der's death and his successors appoints
ment. Judge Hudson's case would APP
pear to be the hardest of all. His dis
triet covers the immense territory east
of the Missouri and north of the Forty
sixth parallel, andincluding such towns
as Fargo, Bismarck, jamestown, Grand
Forks and Pembina. So Unfortunately
heavy was the demand upon Judge
Hudson's time and strength Che was
compelled to work night and
day for weeks that he
broke down Hereunder and was COM
PEELED to leave the territory and seek
recuperation at his home in Wisconsin.
He has announced 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 hardships willresult. Examples
are plenty. OF the twelve indicted for
| e murder OF the Ward brothers, near
Devils Lake, three are under bonds
of $4,000, two under bonds of $4,000,
and the remaining seven are in jail,
wherein, they have been confined since
early last fall. Their case is regarded
as so peculiarly hard that A. II. Noyes
of Grand Forks, one of their attorneys,
will 90 TO Yankton and endeayor to pre-
vail upon Chief Justice Edgerton to
hold the April term. AT Grand Forks
| there are a number of other prisoners
anxions for a trial, which already
has been long delayed. AT Pembina
there are still more notable cases, 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 cases
in the same category. Bismarck and
jamestown are in equally hard case,
while as previously stated, the southern
part of the territory is little il any,
better of. The hardship in delay OF
| civil causes is represented as bad enough,
but when personal liberty is affected
the public is more eager for remedy.
OF course, there are innocent prisoners
confined under criminal charges; and
many Of these, and guilty ones as well,
have wives, children or other relatives
dependent upon them for . support
they cannot give. All in all, Dakota
sentiment is unanimous and pronounced
in favor Of more judges and speedy ap
pointment thereof-division or no dlv1-
/ ainu