The Warner weekly sun. (Warner, Brown Co., Dakota [S.D.]) 1883-1885, 1885-02-13
EAGGARD as VEIL As BEEED

Absolute Need Tor More WearerS OF the Sus
dicial Ermine In Dakota Prisoners WHO
Have Waited Twenty Months for Trial
overworked Judges.
Lawyers and laymen. of Dakota alike
agree that the need for more 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 The half
a-loaf principle. If, instead of two,
four more judges could be authorized
satisfaction would be doubly enhanced.
Dakota has 150,932 square miles Of
-rritory and four judges, namely:
: nief Justice Edgerton, with head
quarters at Yankton, Judge Church
at Deadwood, Judge Hudson at
Fargo and Judge Palmer (tem-
porarily) at Sioux Falls. One judge to
each 81 ,733 miles of territory is certain
ly scant provision for the dispensation
Of Justice. As consequence the judges
are oyerworked, 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 calen-
ders are overwhelmingly and hopeless
ly behind, 1t is set forth that not only
are criminal cases more plentiful in q
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 can be called upon
to hold court within the district of q
conferree who is disqualified by sick
ness or other cause, unless his W
time is free, and under the existing
pressure such freedom is impossible.
The extent of the domain renders long
Journeys necessary, and there are q
thousand delays incident to the new
aess of the country, which initiate
against speedy hearings and decisions Of
causes.
SPECIFIC COMPLAINTS.
Chief Justice Edgerton has repeated
iy 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 of time 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
as Fargo, Bismarck, jamestown, Grand
Forks and Pembina. So i~nordinately
heavy was the demand upon Judge
Hudson's time and strength Che wa
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 no me 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
the murder of the Ward brothers, near
Devils Lake, three are under bonds
of $40, 900, two under bonds of sc 5000,
and the remaining seven are in Jail,
wherein, they have been confined since
early last fall. Their case is regarded
rs SO peculiarly hard that a.. H. Noyes
Of Grand Forks, one of their attorneys,
will go to Yankton and endeavor to pre-
vail upon Chief Justice Eddserton 60
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 l50 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 if any,
better off. The hardship in delay Of
civil causes is represented as bad enough,
but when personal liberty is affected
the public is more eager fer remedy.
Of course, there are innocent prisoners
confined under criminal charges; and
many of these, and guilty e as well,
have wives, children or other relatives
dependent upon them for a 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 divi.
sion.