The Washburn leader. [volume] (Washburn, McLean County, N.D.) 1890-1986, 1906-10-26
LET US BE FAIR ON THE JUDGE.
SHIP QUESTION:.

SHIP QUESTION:.
The opposition having centralized
their fire on the republican candidate
for member of the supreme bench in
all fairness the voters should have
all the light possible Oh this contro-
versy. The criticisms on Judge Knauf
are absolutely unWarranted and the
charges of incompetency and unfitness
are unqualifedly false. The Fargo
Forum editorially reviews the situa-
ton at length and with eminent fair
ness as follows:
The voters of 'Cass county will, no
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
partizanship 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
statement of belief on the part of a
self constituted committee of attor
neys.
The faliacy 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
partsans make good judges-men of
positive beliefs upon political ques-
lions have in all times proven splendid
judges. The United States supreme
court has numbered many active par
tisans 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 republican.
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 heen sug-
gested Or deemed essential to the
election Of a Judge. Eoi a lawyers
committee would, in many instances.
disagree as to the relative merit Of
candidates, and the people would have
no assurance that the lawyers would
select any better judges for the peo-
pie than the people are able to select
for themselves.
The question of nonpartisanship, as
has been aptly stated by a prominent
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 because of it. 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 present judges of the supreme
court of this state when they were
running as republican candidates, at
the hands Of political convention,
controlled by the same organization
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
Bartholomew, or Judge Young, or
Judge Engerud or any one of a 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 well as any one else.
They are made of no different ma
terial than other officers. They are
human 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 demo.
Gratis control the courts where they
are in power. And to say that a
democrat on the bench of the supreme
vent the rendering of opinions colored
veriest sort-and the men who are
preaching this doctrine are doing it
merely to throw dust in the eyes OF
| llC VOlCES Ill luc luCclCSI VI q uCluO
cratic candidate for office.
When has Judge Fisk failed to be a
partisan? Why would his election to
the bench, make it non-partisan? II
might make it bipartisan. And
wherein would that be an improve
ment? In no sense whatever, and the
advocates of Judge Fisk's election
know it. There Is no condition of at
fairs in the supreme, court Of this state
and there will be no condition OF
affairs that requires the election of q
democrat to leaven the republican
lump, that fact will be very clear
lily presented and argued II any one
OF the lawyers committee now SO &C
lively working for Judge Fisk, should
chance In the future to be republi
can candidate for the supreme bench
Now as to the matter Of personal