Bismarck weekly tribune. [volume] (Bismarck, Dakota [N.D.]) 1884-1943, 1893-02-17
COURTS or CoNC1.IAr1oN

"A poor settlement IS better Than q fat
Judgment it has been wisely said.
Much legislation is certainly a curse.
In Norway they have inherited from the
last century what are known as courts of
Cancellation, from which lawyers are
rigidly excluded. The litigants must
appear in person. Either party may
submit documentary evidence or make
their statements under oath or not in
their own way. They are not bothered
by the bubbles of the law, by rules of
evidence or by the dissertations of coun-
sci. The object and aim is to get at the
facts in a common sense way, unfettered
by legal fiction. untrammeled by techni-
c~alities. The commissioners of con-
ciliation discourage any attempt at legal
wrangling by either party. The people
regard the Office of commissioner of con-
ciliation, before whom all causes are
brought in the first instance, as one of
trust rather than of emolument, and
have always kept in view that
IN order to serve it's purpose, the
high, ~non-partizan character of
the institution must be maintained.
The law requires them to elect good
men. They pick their best-those who
have earned a reputation for intelligerce.
conservatism, and fairness in their deal
ings with their fellow men. They keep
the office out of politics. On entering
their office the commissioners are sworn
to honestly and faithfully strive to
reconcile contestants appearing before
them, according to their conscience and
their best judgment, on terms that are
just and equitable to both parties, and
in harmony with the spirit of the law of
the land. The plaintiff states his case in
writing. reciting in plain everyday
language the facts on which he bases
his complaint and what he wants the de-
PENDANTS to do or refrain from doing.
The commissioners summon the de-
PENDANT to appear. A fee Of IS cents is
charged; SO cents additional is paid if
a Cancellation is effected. No other costs
are permitted. Appearance before the
commissioner is compulsory and
is the first step before a lawsuit
can be commenced. House bill
No. 100, introduced by Mr.. Strom,
provides for such courts. Mr..
Havrevold yesterday introduced a SINH.
lar bill. Mr.. Strom's bill provides for
the election of six commissioners of con.
ciliation in every town, Incorporated vii
lage and city in the state. At the time
suit is commenced, the justice must call
two Of the commissioners Of Cancellation
and the parties must first appear before
them and state their case, which state.
ments, as in Norway, constitute the
pleadiDgs in the case. The commission.
ers must use their best e%ndeavors to get
the parties to agree to an amicable set
Element. II agreement is reached it
must be entered by the justice in the
form Of a judgment. The commissioners
to have no compensation unless settle
ment is effected or judgment entered by
default, in which case they shall have
the same compensation as jurors. The
Norway system Is very closely followed
and it is really q good thing. Havre.
vold's bill makes it a misdemeanor for a
lawyer to appear before these courts.
For fifteen years John Haggart and
Henry T. Miller have been political Cd.