The Dickinson press., 1902-04-26
Attorney Yoss Suspended

ter of the accusations brought against
Attorney H. G.. Voss of Mandan, sus-
pending him from the practice OF law for
a period of nine months, or until January
az, 1903. This decision emoves Mr..
Voss as states attorney of Morton county,
which position 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. 60
ing fully into the charges as they we're
presented and the evidence taken cover
ing them. The principal matters in
which the court found Mr.. Voss guilty of
misconduct were in the allowing of gamb-
ling in Mandan, when he knew gambling
was being conducted there, and in fail
ing to prosecute offenders against the
prohibition law. The court holds, in the
opinion, that the nature of local senti-
ment with reference to the enforcement
of the prohibition law, has nothing to do
with the duty of states attorney to prose-
cute, and that such sentiment may be
against the enforcement of the law does
not excuse a states attorney for failing to
prosecute. The court also lays down the
principle that it is the duty of a states
attorney, under the law, to both to in
form and prosecute in cases of gambling
where he knows it to exist, and that
where he does not do SO, he is guilty of
a misdemeanor, involving moral turpi-
tude. The following is the syllabus of
the decision 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.
I. 1t is the duty of attorneys and
councillors at law to maintain the re-
spect due to courts of law and to refrain
from offensive language, either towards
the court, counsel or witnesses.
2. A states attorney who renders pro-
fessional assistance to a defendant in a
criminal action, violates his duties as
states attorney, and his duties as an at
torney at law.
3. A states attorney who on several
occasions enters a public gambling house
and bets money on a roulette wheel, or
CANDLES for money there, and wilfully
refrains from informing and prosecuting
the keeper of such place, is guilty of a
misdemeanor involving moral turpitude,
as such failure to inform and prosecute
such keeper involves the violation Of an
official oath and the violation of the ex.
press command of section 7243, Revised
Codes.
4. A justice of the peace is not bound,
40 a matter of duty, to dismiss a prose.
cution of a criminal offense on motion Of
the states attorney, although such a
course may, in the absence of special
circumstances or conditions known to
him, be the better course to pursue.
5. A states attorney Of this state who
neglects to prosecute offenders against
the prohibition law, when the proofs o.
-such xiolations are furnished to him, is
under section 1910, Revised Codes, guilt,
of a misdemeanor and such misdemeano,
is one involving moral turpitude author
izing disbarment or suspension. In II
Simpson, 9 N. D. 37o, followed.
6. Evidence in this case considered
and found to justify the suspension o
the defendant from practicing as an at
torney at law, by virtue of his license
for neglect to prosecute to judgmen
proceedings instituted by him for tn,
abatement of nuisances created by vic
lations of the prohibition law OF this stat,
as enacted in chapter g of the Revised
Codes.
7. A states attorney is not excuse,
from performing his official duties a
states attorney, because local sentimen
largely ~predominates in favor of tn
non-enforcement of laws that have BEEF
violated, nor is he excused from in goo,
faith attempting to perform such dutie
because convictions are difficult to b
obtained.
Original application for disbarmen
Newton & Smith attorneys for the prose
81 secution.
Tracy r. Bangs and E. c. Rice alto
neys for the defendant.
EErNgN-n-r . rF