Jamestown weekly alert. [volume] (Jamestown, Stutsman County, D.T. [N.D.]) 1882-1925, 1906-10-25
MONT PARTISAN ARCUME|l :
In Judicial Nomination is a Weak
Plea for Democratic Can
didate

1t is now seen that throughout the
state, the question Of widest interest
in the coming election is that OF the
judgeship. One Of the main points
raised by the lawyers committee OF
Fargo and Grand Forks, which is
managing the campaign in favor OF
tie democratic candidate Judge
Fisk, is that the judiciary should be
non partisan. The lawyers say that
the interests Of the public will be
better served if the judges have no
political party adherence and are not
responsible for their nominations
10 partisan conventions. --
This is a mere make shift OF an ar
gument and when boiled down to the
facts it is seen las no weight in pre-
ceuent, or in History, OF lin results
If decisions affecting the administra-
tion of the laws in this state, or in
other states. Commenting on the
weakness OF this view, the Fargo
Forum points out:
"The fallacy of the argument has
been so thoroughly proven that tits
not now much of ain element in this
campaign. 1t is admitted that GOOD
partisans make good judges-oen OF
positive beliefs upon political ques-
tions have in all times proven splen-
did judges. The United States su-
preme court has numbered , many
active partisans since its institution,
and the presidents of the United
States have followed the partisan rule
in making appointments. The state
Of North Dakota is and has been re-
publican. The judges of the supreme
court are and have always been NOM
inated by political asselr blages OF the
pee pie. The indorsement of a law
d yers' committee has never before
been suggested or deemed essential to
the election of a judge. For law
yers' committee would, in many in
stances disagree as to the relative
merit OF candidates, and the people
would have no assurance that the
lawyers would select any better JUDI
ges than the people are able to select
for Themselves.
s"The quest ion of nonpartisanship,
as has been ap,ly stated by promi-
nent lawyer in this state. is bosh,
and nothing more. 1t is high
sounding declaration made In the
interests of a democrat, whose only
hope is to gain republican votes be-
capse of If, and it would be farthest
from the thoughts OF any attorney
raising it, were he so situated as to
be republican nominee for judge OF
the supreme court. 1t was not raised
by friends of any of the past or PIES
ent judges of the supreme court OF
this state when they we're running
as republican candidates, at the
hands of political convention, con-
trolled by the same organization that
nominated Judge Knauf". S7 t
eff the unanimous approval OF the
lawyers OF this state had been neces-
sary TO the election of judge the
state would rot have had Judge Bar
tholonew, or Judge Young. or Judge
Engerud or any one of half dozen
other Judges, who might be named.
If non-partisanship had been admltt-
ed as ideal, North Dakota might
have had no one of hem.
II past experience on the bench
had been necessary, the state would
have lad an entirely different person
snel of the court. Men develop with
15rls oppor, unity. judges as we'll as any
one else. They are made OF no o'Her- l'el
ent mate, ial than other of11cers'' !,
Thely i are NE human beiogss splac acedsin 8 o.
+ fico 1j,1. with certain duties and respon'
|. sibil,ties. In republican states they
are republican and in democratic
states they are democratic, because
the electorate is Of their POLITICAL be'
lief. 4,
s.There are republicans 10 demo
cratic states who might make better
Judges than the men chosen and wee
q yerea. That does not alter the 1fact
that democrats control the courts
where they are 10 power. And to say
that a democrat on the bench OF the
snprene court Of the state is neces- e
sarry to prevent the rendering y 81 q
opinions colored With part tisan 9 plas q
III ~ bosh. ofs tha worst sort-and the
4 nan Who are spraach ching this doctrine
I are doing It merely to throw dust 70
1 tho eyes Of thssvotefs inaths 1ntesest
81 asden ocfatl lc 1aD01 1date forH @ Dce. Dt !
..Wnen has Judge Fisk falled 70 g. be
!. n.rkisanp Why would hi0se9ooesol