The Dickinson press. (Dickinson, Stark County, D.T. [i.e. N.D.]) 1883-1927, 1906-09-29
STATES HIS POSITION.
Judge Engerud Refuses to Sit on Bench With knauf
!: Believes Him Unqualified and Would Keep Judi
eiary Free From Political Deals. Awaits Result
Of November Elections.

Of November Elections,
The absence of Justice Engerud of
Fargo from the session of the supreme
court held this week at Grand Forks has
caused lot of discussion and comment
over the state. Prior to the state repub.
lican convention, when it was rumored
that Attorney Knauf would be nominated
for the supreme bench, Justice Engerud
announced thatif Knauf was elected he
would resign. Later, when Justice
Young resigned, Mr.. Knauf was ap-
pointed to fill the vacancy, and Justice
Engerud decided not to sit on the bench
till after the election. Judge Engerud
dictated the following statement
"A certain element of the press is ap-
parently seeking to create the impress
sion that my opposition to the election
of John Knauf to the supreme court is
due to personal dislike to the man.
think | owe it to myself, as we'll as to the
citizens of the state, to publicly state my
position.
~ have no reason to entertain any ill
feeling towards Judge Knauf. Neither
have occasion to question his personal
character.
"My opposition to the election of John
Knauf to the position to which he as
pires is based on the fact that l know,
from personal observation of his work as
lawyer, that he is wholly lacking in
qualifications essential to the proper dis
charge of the duties of the supreme
court He has neither the training nor
the capacity to enable him to, properly
perform the duties of that office, and his
professional experience has been alto.
gether 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 incompetent. 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
Ithat my judgment is correct and inspires
HE with confidence in the. propriety of
my course
"My second objection to him is based
on the fact that his nomination was Sc
cured by political deal in which the all
important question as to his qualifica-
tions for the place was not given tie
slightest consideration. l am firmly COLI
vinced that his nomination does not rep
resent the will of the 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 not tolerate
this attempt to convert the supreme
court into stock and trade for political
adventurers, to whom the hope of spoil
from 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 integrity and
efficiency of the supreme court. 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 nominations. 1t is fact we'll
known throughout the state that Mr..
Knauf's nomination was purely political
and the main reliance to secure his elec-
ton is an appeal to party loyalty. My
regard for the office of judge of the su-
preme court and its important duties is
such that cannot believe that the elec-
tors of the state who are SO vitality inter-
ested are willing to permit that office to
be dealt with as political plunder to be
given away as a reward for political
service. If the election shall prove that
l am mistaken in this belief, do not de-
sire to continue as member of the
court when reorganized upon such basis.
Had believed that it was the wish of
the people of the state to permit their
supreme court to be degraded in that
manner, would have rendered my res
ignation when Mr.. Knauf was appointed.
But inasmuch as have abiding faith
that such is not the. will of the voters of
this state, it would be improper for me
to resign before the election shall have
disclosed what the attitude of the voter
is. Under these circumstances deemed
it my duty to the people and to the bar
of the state to withhold my resignation
until the electors shall have expressed
their wishes as to the future of the su.
preme court. My course will be gov
erned by their decision.
"Inasmuch as the election will neces-
sarily bring about a change in the per-
sonnel of the court, it was not only my
opinion but the express wish of most Of
the attorneys having cases on the calen.
dar of the present term that the argu.
ment of the cases should be postponed
until the judges who were to decide the
l lnI ei