The evening times. [volume] (Grand Forks, N.D.) 1906-1914, 1906-09-27
THURSDAY EVENING. SEPTEMBER %. 1895.

is equally disqualified to be an a,tor- |
ney. Mr.. Skulason states that Judge |
Enserud's knowledge OF Knaufs I'M
fitness came from the practice OF the
latter in the courts over which Enger-
I'D presided. Now the statute of North
Dakota provides that for willful
violation OF any OF the duties OF an at
torney the license of such may be re-
voked. Section 43S of the 1899 code
says the proceeding to remove or
suspend an attorney may be COM
menced by direction of the court, or
on motion OF any individual
Under this law Judge Engerud was
in a position to start proceedings to
remove knauf if his conduct was un-
becoming an attorney. He did not
do so. and the only conclusion
possible is that Engerud was not con-
cerned in the purity of the bar or had
no grounds upon which to act. AS he
has given no details as to his recent
course, the conclusion is driven home
that he knew nothing So much for
the moral aspect of the question.
There yet remains the matter of Pc
culiar fitness of the candidate other
than his qualifications as an attorney
duly admitted to practice after an in
vestigation by the supreme court it
self. If there is some special fitness
which the voters and the laymen of
the state are incompetent TO see and
comprehend as would seem the case
from the discussion of the attorneys
! who are interesting themselves in be-
half of Judge Fisk. then the election
| OF judicial. officials by the voters who
are not lawyers is a farce and the
election of judges should be turned
over to the bar without question. This
| is not condition but the conclusion
which comes from the reasoning of the
course which Mr.. Skulason and Judge
Corliss have pointed out. And are the
voters in general to be excluded from
the selection of those who are to sit
in judgment upon the matters in
which they are vitality Interested
AS to his nomination, that was
brought about by the representatives
of the voters of the state selected in
a primary election in which every vot-
er had right to cast a ballot 1t was
the machine of the people and the re-
suit OF the convention was the voice of
the majority of the people The ques-
ton now is shall the masses or the
classes rule.
II the mere fact that what Judge
Engerud and those agreeing with him
choose TO term the machine-and
which for clearness of statement at
this time is taken in the sense in
which they use twas responsible
for the nomination of knauf, why is
Judge Engerud himself not in the
same boat for it has only been two
years since he willingly and with
every evidence of gratitude accepted
nomination to the same position
from the same source, and for several
years prior to that time served the
public in an office which came from
the same source. Let him that is
without sin cast the first stone"
The Evening Times has profound
respect for the political opinions of
Judge Fisk and recognizes his right
to entertain them, believing he is sim
cere in his affiliations with the demo-
cratic party. But admitting that Judge
knauf is partisan and has worked
for the interests of the party with
which he has affiliated, has not Judge
Fisk done the same thing, aiding his
party with his counsel and advice?
No one has a protest to make. because
none have expected him to sacrifice
his rights as an American citizen.
Candidly, if mere partisanship is
bar to the judicial office, who is uuali-
fled to fill it?