Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1901-10-08
1H|E TERM Of court Ends
Supreme Court Finishes Business BE
fore it With ti,e Exception Of the
III Lauder Case.
Court Will Hear that Case and Evil
dence Touching it on Friday Of
This Week.

The fall term OF the supreme court
closed today, with the exception Of
the Judge Lauder case, which will be
heard IN afhdayits and arguments by
the court on Friday DC this week,
This is a peculiarly interesting case,
and n OF the first OF its kndsevef
heard by the upper court. lit arose on
a writ OF ~smandamus, issued against
Judge Lauder at the instance Of the
law frm Of Mcgumber 4 Bogart, Of
which Senator McCumber was amen
ber Judge Lauder and Senator Me-
CuInber have for long time been Bit
ter pplittcaI enemies, and It'll out OF
this bitterness between the two men
that the Isl arises. AT the term Of
district court in Richland county last
spring, McCumber BogaTts had a
number afScases before Judge Lauder,
in which they had filed anda.vits for
the calling in OF another Judge 0 the
trial of the cases, alleging Hhespreju-
dice OF JudgesIauder against them as
a. reason o r this step. Under a law
passed by the legislature several years
ago. this action can be taken IN civil
cases, and when lit was passed4t was
pretty generally understood that the
law was ahmed Al much at Judge Lau-
der as any othersiudge II not more SO.
When the tArFns$of court was draw
ing to close. McGumber& Bogart APP
peared before Judge Young Of the SUI
preme court at Fargo, and asked for
an alternative writ y mandamus, to-
prevent Judge Lauder from closing
the terrm ofsScourt and dismissing the.
jury without hearing the civil cases
in which they5Were interested. They
alleged that it was the intention
Judge Lauder not to call In any other
Judge, and MOTT hear the cases him
sell, and thussput the Isl over for
six months or SO, to the nextterm Of
court to the great Inconvenience Of
the attorneys and Stheir clients. They
alleged the prejudice of Judge Lauder
against Them, NJ askedthesuprem
court to- prevent his adjourning the:
term. The writ OF mandamus was
granted, hut before 1t was served,
Judge Lander closed the term and
dismissed the jury. "
Before the supreme court It Grand
Forks Judge Lauder appeared and
I made answer to the charge preferred
by McCumber & Bogart in their app1i-s
cation for writ il mandamus. He:
said that he had endeavored to cal.
another Judge to try the cases., buk
thatShe had been unableato find 4 Judge,
who could conae at the time; he stated
also that men on the jury were
Farmers thatstheyysa all had grain toscuts
and gather andsstIlat he had dismissed
them when The. other cases tx, be tried
had been disposed Of ats earnest
request. The answer OF fudge Lau-
der and the charges of the other at
torneys involved several questions Of
fact to be- settled, the supreme
court ordered that.afIdaYits covering
These be fled AZ that b
then taken up on It's merits Itiaex-
pected that he afidaYits will be fled:
with the az on Friday Inc
case Will be argued from both sidess
Judge Lauder "a well knownspoliz
Itician IN i Fourth district md has
been at one endsof ahot fight Withthess
regular republican organization, b
which Senator MeCalmber Ii onesof the
leaders For this reason the rnanplss
before the supreme court and The 4