Griggs courier. (Cooperstown, Griggs Co., Dak. [N.D.]) 1885-1902, 1894-10-26

Judge barthOlOmeW drew the middle. or
five-year term. As the regular term is
end of his present term, have served one
full term.
The manner in which he has served the
people of the state is now a matter OF
record. 1t stands in the published opin-
ions of the court. and whoever will may
yer in the state who is not satisfied with
and proud of our supreme court. That
body has brought to the discharge of its
duties an ability and diligence that have
made its opinions respected in all legal
travels abroad bushes with pride at the
enconiums that cur court receives from
the bar Of other states. And this is as
it should be- If there is ever a period
when a state needs strong and con-
servative supreme court, it is during the
formation period, while its policies are
principles and doctrines are being an
nounced. that must be followed for all
time 1t has often been said. and may
with perfect truth be said, that in this
respect North Dakota has been ex~ep.
tonay fortunate S He rrstT supreme fGme'
| The bar of the state understands this,
but. as the Republican party asks the re-
| election of Judge Bartholomew. we have,
with some labor to ourselves. looked into
some of the cases. and we desire here to
reproduce the points, so that every voter
may see what we have said is true:
One of the early cases decided by the
court was entitled Harrington VS.. The
New England Investment Company:
The parties represented the Great North
ern railroad on one side and Ramsey
county on the other. 1t was an effort
on the part of the railroad company to
avoid payment of its taxes by reason OF
Irregularities in the tax. The opinion
| was written by Judge Bartholomew, anu
| laid down the doctrine. on authority. that
| where tax is just and uniform no party
need expect the courts to alo nm IN peat
ing the state out of its revenue because
certain taxing officials had acted irregu-
larly.
Another important tax law case was
Tyler vs.. Cass County 1t was an action
to recover back the money, with penal
ties allowed in case of redemption. paid
out for tax sale certificates, when it
afterwards transpired that the lands were
not subject to sale. The facts We're that
prior to 1885 the lands belonging to the
Northern Pacific aRilroad company had
been sold for delinquent taxes, both the
counties and the purchasers supposlng
such lands to be liable for the taxes. In
1885 the supreme court Of the United
States held these lands not taxable by
reason of technical defect in title. That
decision. of course, rendered al the pre-
vioux tax sales of such lands invalid.
hence the action to recover back the
tive opinion prepared by Judge Bartholo-
new, and concurred III by the enhre
court, held that, in the absence of an ex-
press statutory provision to that effect
counties were not linble to refund money
paid Out under such circumstances. The
the United States. and the unanimous
opinion Of that court sustained the opin-
ion Of our supreme court in every particu-
lar. This decision saved the taxpayers
IL the counties embracing lands in the
Northern Pacific grant hundreds of thoue.
have been compelled to refund to taz
title spectators all over the country.
Another important case is what Il
known as the Elevator case. In that
case the supreme court. by unanimous
opinion, prepared by Judge Wallin, held
that the state had the right 10 fix tho
reasonable charges to be made by elevat
or owners for storing or handling grain
This case. too, was carried to the fedora
supreme court, and again our court was
affirmed. and a right irrcvocably secured
which is of incalculnble benefit to oul
farmers.
OF perhaps even greater importance /.
the case Of Whited Vs. The Vermont
Loan and Trust Company. In 1890 ou1
legislature sought to pass a law agains
usury. 70 clear, specific and strict. tha
it should forever wipe out all those trick!
and subtcrfuges by which many loaner'
We're constantly worrying from unfortu
nate and improvident borrowers interes
far in excess of that allowed by law.
case soon arose under this law in Crane
Forks county. and a violent attack wa!
made upon the law as unconstitutiona
: and void: On appeal to the suprem,
court Judge Bartholomew. in an ex
haustive opinion. concurred in by the en-
tire court, and the correctness of whicl
no one now preSumeS to question, Sus
tanned the law in all respects, thus saw
ing to the people of this new state, an<
, with whom borrowing money is often
, times a necessity. the protection Of wha
is perhaps the best law against usury t
BE- found in any state in the Union.
We may mention also the very receE
case under the drainage law. Our las
J legislature passed such law, and it wa
The act required the expenditure of larg'
sums of money, but the rights of private
parties and taxpayers were not protected
, under the law as the constitution re
quires. Hence when the appeal wa
, made to the supreme court it did no
and the people and declare the act uncoA
stitntional. The opinion in this cnse wa.
also prepared by Judge Bartholomew.
Many more cases might bc mentioned
but these are ample to show the characte
and quality Of the Republican nominee
Men. who by years of toll and appliea
tion. have. single-haE.'el and alone
worked their way FROM the bottom of th'
!, ladder tn positions Oh the bench Of th'
: supreme court are not apt to get very fa;
away from the people and their rights.
The esteem in which orr supreme tour
is held by the bars of the state, is, per
haps. the greatest compliment that j
could recei-e. Ana it may be stated will
perfect af,ty that no member Of tn
court is more highly esteemed, admired
and honored than Judge Bartholomew
and with no class is this more pronounced
than with the lawyers Of the state wht
have business before the supreme co1lt
Last week Hon. w. T. McCullocl
was making speech in Hope and wa.
telling very pathetic story about how
he begged and prayed for the appoint
ment of widows son as clerk, bu
those rascally republicans would moi
appoint him. About this time some
bedy in the audience yelled: "How