The evening times. [volume] (Grand Forks, N.D.) 1906-1914, 1906-10-26

doubt. be. If they have not been al
ready. importuned by personal vista
tons and by printed circulars. to vote
for the election of Judge Fisk. demo-
crat. at the forthcoming election. as
against the election of Judge knauf,
republican. They will be asked to do
so On the vague ground of the non
partisanship of the judiciary-some-
thing that is for the first time very
seriously invoked at an election in this
state. They will also be asked to do
so on the ground that Judge Fisk will
make better judge than Judge Knauf
something that is purely state
ment of belief on the part of a self
constituted committee Of attorneys.
The fallacy of the first argument
has been SO thoroughly proven that it
is not now much Of an element in this
campaign. 1t is admitted that good
partisans make good judges-men of
positive beliefs upon political ques-
tons have in all times proven splen-
did judges. The United States SUI
preme court has numbered many act
i've partisans since its institution. and
the presidents Of the United States
have followed the partisan rule in
making appointments. The state o.
North Dakota is and has been republic
can. The judges of the supreme court
are and have always been nominated
by political assemblages of the people.
The Endorsement of a lawyers COM
mittee has never before been suggest
ed or deemed essential to the election
of judge. For a lawyers committee
would. in many instances disagree as
to the relative merit of candidates,
and the people would have no assur-
ance that the lawyers would select
any better judges for the people than
the people are able to select for them
selves.
The question of non-partisanship, as
has been aptly stated by a prominent
lawyer in this state. is bosh. and moth
ing more. 1t is Understanding de-
claration made in the interests of a
democrat. whose only hope is to gain
republican votes because of it, and it
would be farthest from the thoughts
OF any attorney raising it. were he so
situated as to be a republican nomi-
nee for judge of the supreme court.
1t was not raised by friends of any of
the past or present judges of the SUI
prenfe court of this state when they
were running as republican candi-
dates. at the hands of political con-
vention, controlled by the same organ
ization that nominated Judge Knauf
If the unanimous approval of the
lawyers of this state had been neces-
sary to the election of a Judge the
state would not have had Judge Bar
tholomew. or Judge Young. or Judge
Engerud or any one of half dozen
other judges who might be named. If
non-partisanship had been admitted
as ideal, North Dakota might have had
no one of them
If past experience on the bench had
been necessary, the state would have
had an entirely different personnel of
the court. Men develop with oppor-
tunity. judges as we'll as any one else.
They are made of no different mater
ial than other officers. They are hui
man beings placed in Office with GER
tain duties and responsibilities. In
republican states they are republican
and in democratic states they are
democratic, because the electorate is
of their political belief.
There are republicans in democratic
states who might make better judges
than the men chosen and vice versa.
That does not alter the fact that dem
ocrats control the courts where they
are in power. And to say that dem
ocrat on the bench of the supreme
court of the state is necessary to pre-
vent the rendering of opinions colored
with partisan bias is bosh of the YER
lest sort-and the men who are
preaching this doctrine are doing it
merely to throw dust in the eyes of
the voters in the interest of a demo-
cratic candidate for office.
When has Judge Fisk failed to be l.
partisan? Why would his election to
the bench make it non-partisan? It
might make 1t bipartisan. And where