The pioneer express. [volume] (Pembina, Dakota [N.D.]) 1883-1928, 1894-10-26

Tor judge OF the supreme court. His cleo.
ton followed, and In drawing for terms
ct qi ONCE 6 as provided BY the constitution.
Judge Judge Barii,oloinsw drew the middle. Or
for six years, the judge will not, ut the
end of his present term, have served one
full term.
The manner In which he has served the
people of the state IL now a matter Of
record. It stands In the published opin-
ions Of the court. and whoever will may
read. 1t would be difficult to find law
yer In the state who Is not satisfied with
and proud of our supreme court. That
body has brought to the discharge Of ID
duties On ability and diligence that have
made its sopiniens respected In all legal
circles. The North Dakota lawyer who
travels abroad bushes with pride at the
enconiums that our court receives from
the bar of other states. And this IL ~
when a state needs q strong and con.
servative supreme court, Il 10 during the
formation period. while its policies are
being determined, and while Fundamental
principles and doctrines are being an.
nOunced, TINT must be followed for "a
time. It has often been said, and may
with perfect truth be said, that in this
respect North Dakota has been excep.
stands for the peoples rights, everytime.
The bar Of the state understand this,
but. as the Republican. party asks the n
election Of Judge Bartholomew, We have.
with some labor to ourselves. looked into
some OF the cases, and We desire here 10
reproduce the points, 10 that every voter
may see what we have said L. true:
Sa' 1 =. 'n sn aaI3 asssea
New England Investment Company"
The parties represented the Great North
efn railroad ON one side and Ramsey
county on the other. 1t was an efSoet
on the part Of the railroad company 10
avoid payment Of its taxes by reason Of
irregularities In the tax. The opinion
was written BY Judge Bartholomew. and
where Q tax 10 just and uniform no psrty
need expect the conrts to aid him In beat
Ing the state out Of It's revenue because
certain taxing officials had actctl irregu.
larry. -
Another important tax Law case was
Tyler 70. Cass County. 1t was an action
20 recover back the money. with penal:
out for tax sale certificates. when It
afterwards transpired that the lands were
not subject to sale. The facts were that
prior to 1885 the lands belonging to the
Northern Pacific aRilroad company had
been sold foe delinquent taxea, bo.h the
counties ana the purchasers eupp0AinG
such lands to b. liable for the taxcs. In
States held these lands not taxable By
treason Of Q technical defect In titlc. That
decision, Of course. rendered al the prr-
vious tax sales Of such lands invalid.
hence the action to rssovrr hac': tile
money. The supreme court In an cxl,aus
tive opinion prepared By Judge Bartholo-
court. held that, 10 the nbs..i,.~ Of an II.
press statutory provision IL that effect
oonnties were not llalAc to rwfunl money
paid out under such, circumstances. The
case was carried Ia the supreme curt Of
the United States. and the unanimous
opinion Of that court s,is,ninsl TIL. cpin.
lar. This decision savetl thu iixp ,yrrs
70 tho counties embracing lands In the
Goethen Pacific grant hundreds NJ thons
ands Of dollars that they would 9th. .visr