The Black Hills union. [volume] (Rapid City, Pennington County, Dakota [S.D.]) 1889-1904, 1891-08-28
JUDGE NowLIN INDICATED.

The following are the resolutions pre-
sented at meeting OF the Rapid City
bar and unanimously adopted:
To the Bar Association:
Your committee, appointed on the
evening of August IL, 1891, to present
to the association resolutions expires.
sive OF it's sentiment as to the attack
made on Judge John w. Nowlin OF the
Seventh circuit, made in q communica-
ton from this place, published in the
Sioux City Journal of August 10, 1891,
have considered the same and make
this report:
As the article consists Of a series OF
dissertations and statements, we briefly
refer to each.
The article says, ga judicial scandal
has been smouldering for yer a year
demand for Judge Nowlin to send in
his resignation"
We say, there is not now and never
has been, any scandal of the kind init
mated, or any other kind.
The article says, Judge Nowlin has
in every way. disappointed both his
democratic and republican supporters"
We say, he has filled the Office az
well as any Judge in the state OF South
Dakota.
The article says, Zone of the princi.
pal charges is his disregard for the law
governing the position which he holds
and his neglect OF the duties of his
office"
We say, he has conscientiously dis
charged the duties of his office, and
that the only instances i'll which he
has failed to hold court resulted from
tic - I~~-oo f,~,,I %lo ,k,+1 Co. klo I--
eft Of his health, and that his absence
was with the approval Of the bar, who
united in the hope that he would gain
such strength as would enable him to
remain upon the bench. We say
further that only two terms Of court
provided by the statue have failed to
be held-one occurring in his absence,
and one postponed by request OF the
bar and county officers.
The article says, .'Countrary to all ex.
pcctations, Judge Nowlin has proved
decidedly sensational on the bench in
charging against usury and city officials
violating the law"
We say, the Judge charged the grand
jury the law as he understood it. II
was his duty-he did it fearlessly.
The article says, "In every one OF the
dozen or more civil cases appealed, he
uf1o UcCA PlOAlPVlJ AVfCASCA dul LID al
health is the excuse made.'
We say, several cases decided by
Judge Nowlin have been appealed to
the supreme court, OF which some have
been reversed and some sustained.
Some OF these reversed have turned
upon closely contested legal points,
upon which able attorneys might dit.
fer, and the fact that reversals have
been more numerous then otherwise
does not detract in the least from Judge
Nowlin's legal ability. Nothing like
the number OF cases stated have been
appealed.
The article says HE prepared bis
resignation to be rendered il he could
name his successor-a democrat"
We say, the judge made and sent by
a messenger, to the governor, an I'm.
conditional resigntion, and, il any
conditions were attached to it's accept
ance, they were not attached by him.
year ago by his friends that he would
quietly resign and prevent q judicial
scandal, but he has chung to and used
the Office in such q manner that for.
bearance has ceased to be a virtue, and
it il probable an indignant protest will
be made to his filling q position not
honored by him."
We say, it was hoped a year ago,
eyer since; and is now, that bis health
may improve and he able to fill the
position; that there is no sentiment
calling for his resignation, but, on the
contrary, nj Of sadness through the
whole bar and people of the circuit, that
he will be Obliged by his falling health
to resign; that Judge Nowlin has been
a valued, useful, trusted member OF
socity, and a credit and honor 10 the
judiciary Of South Dakota.
In conclusion we say that at no time
in Judge Nowlin's judicial career has
he been held In greater esteem by both
the bar and people OF this circuit than
now. All classes, friends and parti-
sans alike, deeply regret the necessity
that prompts his withdrawal from the
bench, and express in their strongest
terms there disapproval and contempt
OF the auther of the article in question,
whoever he may be. which article we
characterize as unjust, unwarranted
and malicious in the extreme.
The resolutions were presented to all
members Of the bar for their signatures.
AS the list OF those refusing to sign is
much the smaller we give it here: VIM.
Gardner, Charles w. Brown, S. ). Par.
SONS and 0. L. Cooper.
Will BE LeEislstsd Ont Of Existsaee.
| Whon Tho pooploso 1uv<,, uok. 10.