The Dickinson press., 1894-10-27

for judge of the supreme court. His cleo
| tion followed, and in drawing for terms
of Office. as provided by the constitution,
Judge Bartholomew drew the middle, or
five-year term. As the regular term is
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 is now a matter OF
| record. 1t stands in the published 0pin.
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 its
duties an ability and diligence that have
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 is as
it should be. If there is ever a period
when a state needs a strong and con-
servative supreme court, it is during the
formation period, while its policies are
being determined, and while fundamental
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 excep-
tionally fortunate, He supreme court
stands for the peoples rights, everytime.
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 land Ramsey
county on the other. 1t was All 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, and
laid down the doctrine. on authority. that
where tax is just and uniform no party
need expect the courts to aid him in beat
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 penai-
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 were that
Northern Pacific aRilroad company had
been sold for delinquent taxes, both the
counties and the purchasers supposing
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-
vious tax sales OF such IL .ds Invalid.
hence the action TO recOv. r back the
tive opinion prepared by Judge Bartholo-
new, and conc,irred i'll by !he entire
court, held that, in the absence of an ex-
press statutory provision To that effect
counties were not liable to refund money
paid out under such circumstances. The
case was carried to the supreme court OF
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
In the counties embracing lands in the
Northern Pacific grant hundreds Of thous.
a1ds Of dollars that they would otherwise
have been compelled to refund to tax
title spectators all over the country.
Another important case is what Is
known as the Elevator case. In that
case the supreme court. by Mnaninl0us
that the state had tho right 10 fix the
reasonable charges to be made by elevat-
or owners for storing or ltah,lling grain.
This case, too. was carried to the federal
supreme court, and again our court was
affirmed, and right irrcvocably secured
which is of incalculahle Mnefit to our
farmers.
OF perhaps even greater importance j,
the case of Whited vs.. Tie Vermont
Loan and Trust Company. In 1890 ou,
legislature sought TO pass Jaw against
usury, SO clear. specific and strict. tha,
it should forever wipe out all those trick.
and suhtcrfnses by which many loaner'