Bismarck daily tribune., 1902-04-24
Il. c. vOSS IS SUSPENDED
Supreme Court Hands Down a Decis-
ION in Disbarment Case Against
Attorney Voss.
Suspends Him from the Practice Of
Law for a Period of Nine Months
from Date.
Decision Written by Judge Morgan,
and Goes into Matter at Con-
siderable Length.


The supreme court has handed down
decision in the matter of the accusa-
ticns brought against Attorney H. -.
Vos5 OF Mandan, suspending him from
the practice of law for period of nine
months. CT until January 23, 1903. This
decision removes Mr. Voss as states at
torney OF Morton county. which posi-
tion he now holds. The opinion in the
case was written by Judge Morgan and
all the judges concur in the findings.
The opinion is a long one, going fully
into the charges as they were presented
and the evidence taken covering them.
The principal matters in which the
court found Mr.. Voss guilty of miscon-
duct were in the allowing of gambling
in Mandan, when he knew gambling
was being conducted there, and in fail
| ing to prosecute offenders a 5ainst the
prohibition law. The court holds in
| the opinion, that the nature of local
sentiment with reference to the en-
forcement of the prohibition law, has
nothing to do with the duty of states
attorney to prosecute, and that su-h
sentiment may be against the enforce
ment of the law does not excuse a
states attorney for failing to prosecute
! The court also lays down the principle
| r, + tIa I1,Hr ofo cfo on
under the law, both to inform and pros
ecute in cases of gambling where he
knows it to exist, and that where he
does not do so, he is guilty of a misde-
meanor, involving moral turpitude.
The following is the syllabus of the de-
cision of the court in the matter:
In the matter of the accusation and
| charges against H. G. Voss, Esq, as
an attorney and counsellor at law.
l.. 1t is the duty of attorneys and
counsellors at law to maintain the re-
spect due to courts of law and to- re-
frain from offensive language, either
| towards the court, counsel or witnesses.
! 2. A states attorney who renders
professional assistance to defendant
in a criminal action, violates his duties
as states attorney. and his duties as an
attorney at law.
5. A states attorney who on several
occasions enters public gambling
house and bets money on roulette
wheel, or gambles for money there, and
; willfully refrains from informing and
prosecuting the keeper of such place, is
guilty of a misdemeanor involving
moral turpitude. as such failure to in
form and prosecute such, keeper in
wolves the violation of an official oath
and the violation of the express COM
mand of section 7243, Revised Codes.
4. A justice of the peace is not
bound, as matter of duty, to dismiss
a prosecution of a criminal offense on
motion of the states attorney, although
such course may, in the absence OF
special circumstances or conditions
: known to him. be the better course to
pursue.
;. A states attorney of this state
l who neglects to prosecute offenders
against the prohibition law, when the
proofs of such violations are furnished
I to him, is, under section 1920, Revised
Codes. guilty of a misdemeanor ant
d such misdemeanor is one involving
e moral turpitude authorizing disbar
: ment Or suspension In re Simpson
8 N. D. $40, followed.
6. Evidence in this case considered
,. and found to Justify the suspension O
u the defendant from practicing as an at
l. torney at law. by virtue of his license
g for neglect to prosecute to judgmen
D. proceedings instituted by him for tn
u abatement of nuisances created by vic
lations of the prohibition law Of thi
Il state as enacted in chapter 63 of IT.
Il Revised Codes.
Il I. "A states attorney is not excuse
g from performing his official duties a
states attorney, because local senh
&c ment largely predominates in favor 6
= the non-enforcement of laws that hav
III been violated. nor is he excused fro1
v in good faith attempting to perforr
u such duties because convictions ar
IL difficult to be obtained. &
:, Original application for disDarmen
- Newton & Smith, attorneys for th
- prosecution.
- Tracy R. Bangs and e. c. Rice, al
torneys for the defendant.
5, BUSSE TO BE HANGED
A dispatch from Waverly, Iowa,
= recent date, says that Louis Busse hs