The Minneapolis journal., 1901-10-18
Snecial to The Journal.

Bismarck, N. D., Oct 1S.-There are
political feuds of varying bitterness and
intensity in nearly every county and judi
cial district of the state of North Dakota.
1t has been said that there is more pol
itics to the square inch in North Dakota
than in any other state in the union. This
may be an eXaggeration but in the light
OF the record now before the supreme
court in the case OF Gum VS.. Lauder, from
'Richland county, ii might be said without
hyperbOle that there is more politics to
the square inch in Richland county than
in any county in the state. The feud be-
tween United States Senator P. j. Nc
Cumber and Judge w. S. Lauder seems
TO be the most fervent and undying polit-
ical enmity in the state, If the records
are to be taken as evidence.
The bitterness between the two men is
almost sublime in its intensity, if sub
limity ever enters into hatred. Before
the supreme court when the case against
Judge Lauder was argued, the two men
spoke long and earnestly, each ascribing
to the other all Of the qualities he deemed
least admirable. And they left behind
them a record, in the shape of affidavits
Of unnumbered pages, where bitterness
was deeply written on every page.
elimination of Old Troubles.
The whole matter Is the elimination Of
political feud Lauder and McCumber
have both been prominent in the counsels
Of the republican party, sometimes at
nominal peace and more frequently at war.
1t has been LADDERS ambition for many
years to be justice OF the supreme court,
and when he made his hardest fight for
that position McCumber fought him. 1t
has been McCumber's ambition to be
United States senator, and when he made
the fight Lauder opposed him as bitterly.
McCumber's success has naturally not
mended the rupture between the two men.
Although the legal case involves only a
matter Of judicial discretion on the part
OF Judge Lauder, in adjourning a term of
court before the cases in which McCumber
was counsel could be heard, there has
been dragged into It, as one of the at
torneys in the case expressed 1t to the
court the entire political history Of Rich
, land county"
McCumber's Side.
Senator McCumber's affidavits relate a
long story Of what he claims to be un-
fairness, prejudice, bias and hatred, on
the part Of Judge Lauder, toward him, in
the trial Of cases and in the practice Of
law. Following this in a portion of his
affidavit: he says:
Judge LADDERS statement that l have tried
to drive him of the bench IS wholly untrue
and known by him to be untrue AS he we'll
knows placed his name in nomination when
he was nominated for the office of district
judge for the second term. L have never
opposed his nomination for Judge for the
district court except at the convention OF
1900, when he was defeated for the nomina-
ton. It is true that l have at all times op-
posed his candidacy for the supreme bench
/ have done this openly and for reasons
which seemed to me eminently Just in all
respects. have not at any time thought
him proper person for judge Of the dis
trct court. He is a good lawyer, and could
he forget his hatreds and prejudices would
make very capable judge so far as his legal
knowledge Is concerned. l have opposed him
for the supreme court because felt that he
was not a proper person for this position;
his hatreds are very deep, his prejudices very
strong and he seems to be wholly unable to
control himself in these respects.
For the first year or two after he became
judge little complaint could be made Of his
fairness in the trial Of cases and up to and
after his election for the second time his
conduct toward me in the trial Of cases was
less reproachabe and his enmity and hatred
for me less demonsuative than at any time
since. I could give hundreds of instances
in which his conduct towards me in the trial
Of cases has been to my mind outrageous. l
will simply say that his treatment of me has
been such and his enmity so strong that ex-
cept in my own county of Richland / have
been compelled to stop my practice entirely.
In my home county I am well acquainted.
The strong enmity Of the Judge of the dis
trict court Is well known by most of the
jurors and may be taken into consideration
by them if 1t is manifested too strongly 1
have felt that in other counties l did not
have this advantage. l have refused to take
criminal cases for the sole reason that
have felt that my client, if convicted would
receive a more severe sentence because of the
hatred Of the judge toward myself.
Judging from his actions and from the
language that he uses concerning me | can
not but feel that he has developed hatred Of
me that is almost Insane in its quality and
which seems to control and dominate him.
| am informed by persons in whom / have
entire confidence Of many statements made
by Judge Lauder concerning ne more vile
than those quoted in the af1davits and too
obscene and immOdest to be placed in
public record. His conduct has been so dis
courteous, often turning his back upon me
while arguing case before him and showing
his disrespect and dislike in all actions.
His hatred has manifested itself not
only in court, but also in political matters
concerning me Although the Judge Of the
district court, in my last candidacy for the
position l now occupy, the said judge ap-
peared at the capitol of the state, used the
same disrespectful and obscene language
against me, as l am informed and believe,
and ardently worked and labored against me
because OF his hatred and desire for revenge.
Supporting Amdavits.
There Is much more of the same tenor,
in which the attitude Of the judge is bit
terly and unsparingly assailed. Senator
McCumber's law partner makes affidavit
that Judge Lauder refused to try the civil
cases in which McCumber & Forbes were
attorneys and that after the af1davits Of
prejudice against the judge had been
withdrawn, he stated that he did not
recognize the right Of the attorney or Of
the supreme court to dictate to him what