Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1906-09-22
ENGERUDS REASONS
He TELLS WHY HENS OPPOSED
TO SITTING ON THE SUPREME
BENCH WITH JUDGE
JOHN kNAUE. ar"
WHICH RAISES THE QUESTION OF
JUDICIAL ETIQUETTE AND
ALSO JUDICIAL DISCRETION
OF JUDGE ENGERUD.

dlSo AloM Lue SeSSlOu VI luS SupiSHle
court held this week at Grand Forks
has caused a lot of discussion and
comment over the state. Prior to the
state republican convention, when it
was rumored that Attorney Knauf
would be nominated for the supreme
bench, Justice Engerud announced
that if Knauf was elected he would
resign. Later, when Justice Young
resigned, Mr.. Knauf was appointed to
fill the vacancy, and Justice Engerud
decided not to sit on the bench till
after election.
Today, says the Fargo Forum, Judge
Engerud dictated the following state
ment:
"a certain element of the press is
apparently seeking to create the i'm
preston that my opposition to the
election of John Knauf to the supreme
court is due to personal dislike OF the
man. think I owe it to myself, as
we'll as to the citizens of this state,
to publicly state my position.
81 have no reason to entertain any
ill feeling towards Judge Knauf.
Neither have I occasion to question
his personal character.
"My opposition to the election of
John Knauf to the position to which
he aspires is based on the fact that
l know, from personal observation of
his work as a lawyer that he is wholly
lacking in qualifications essential to
the proper discharge of the duties of
the supreme court. He has neither
the training nor the capacity to en-
able him to properly perform the du-
ties of that Office, and his profess
sional experience has been altogether
too limited to afford any ground for
claiming that his deficiencies in point
of training and capacity might have
been overcome by the extent of his
practical experience. do not stand
alone in the belief that he is incom-
petent. That is the general opinion
Of the lawyers who are in position
to form an opinion On the subject
That fact is a strong assurance that
my judgment IL c31lect and inspi e;
me with confidence in the propriety Of
my course, r.: gt.S ! H. ~.
my second objection to him is
based ON the fact that his nomination
was secured by a political deal in
which the all-important question as to
his qualifications for the place was
not given the slightest consideration
am firmly convinced that his nomin-
alton does not represent the. will of a
majority of the republican voters of
this state, and my faith in the good
sense Of the general body of voters
is such that believe that the people
of this state will tolerate this attempt
to convert the supreme court into
stock and trade for political adven-
turers, to whom the hope of spoil from
a partisan victory is of more i'm
portance than the good of the state.
ut is my belief that the people
of the state desire to preserve the in
tegrity and efficiency of the supreme
Icourt. 1t is plain that this cannot
be done if partisan service instead OF
fitness for the place is adopted as the
main qualification for judicial nomi.
nations 1t is a fact we'll known
throughout the state that Mr. Knaufs
nomination was purely political and
the main reliance to secure his cleo
ton is an appeal to party loyalty, My
| regard for the office of judge of the
supreme court and its important ,du
ties is such that cannot believe that
the electors of the state who are SC
vitality interested are willing to per
NIT that Office to be dealt with as DO
litical plumber to be given away as
reward for political service. # tht
election shall prove that / am mis-
l SohSA Az OO u6S!It
to continue as member of the eour
when reorganized upon such basis
Had IL believed that it was the wish o
the people of the state to permit thei
supreme court to be degraded in tina
manner, I would have rendered b.
Resignation when Mr.. Knauf was al
tpointed. But inasmuch as { haY
Iahding faith that such is not the vii
lof the voters of this state, it Woul
| be improper for me to resign befor
1.-THE election shall have disclosed wha
the attitude of the voters is. Unde
| these circumstances, deemed 1T ID
4 duty to the people and to the bar q
/ the state to withhold my resignatso
until the electors shall have expires.
ed their wishes as TO the future Of th
/ supreme court My course viii b
governed by their decision.
Inasmuch as the election VIII ne,
| essarily bring about change Id I'd
personnel Of the court, It was not onl
my opinion but the express wish I
,,nr,