The Fargo forum and daily republican., 1906-03-17
CITY Ell LECTION.

To the Electors: AT the request Of
many citizens Of all parties am cam
Ydidate for the Office Of police magistrate
and respectfully solicit your votes. /
have held the Office Of city justice the
last two terms and it has been asked
by interested persons why / do not seek
reelection instead OF being candidate
for police magistrate against the present
incumbent sls = m y
TO this | answers that my second term
Is about expiring and two worthy citiz
szens are candidates for the place IA
recent convention of the dominant party
iii this county resolved that an efficient
officer was entitled to a second term,
Ebtit afterwards had no claim to be
preferred over another competent citi-
zen. The Office Of police magistrate,
which | am running for, has been held
by Colonel Gearey for the past ten or
twelve years, and as he is also a county
justice, which Office he has held for the
past eighteen years, do not think any
one can say he is being crowded out
of the Office of police magistrate, undef
these circumstances. All ask is 4
square deal and one of the two Offices
held SO long by him. 8 ri
The law provides for three justices
in Fargo. All have the same jtrisdic-
ton, except that the police magistrate
has & also exclusive jurisdiction in Of
lenses Under the city ordinances The
law also gives the plaintiff and defend
ant in a justice court the right to one
change of venue, sor place of trial each,
on filing an affidavit Of prejudice, or
bias, of the Justice When this is done
the case must be sent to the next nearest
Justice unless, the parties agree where it
may be sent. When a change of venue
is taken from County Justice Gearey
the next nearest Justice to him is hiin-
self as police magistrate. AS one of
The parties has filed an affidavit that lie
is prejudiced aas a. county justice, it
would be hard to imagine. he was un-
as police magistrate, SO the
case. is sent to the city Justice Then
If the, other party to the action has a
prejudice against the city justice or
thinks the city justice is prejudiced from
any cause, he may file an affidavit and
take a change from him. Then the
nearest justice is Mr.. Beaten on the
Sheyerlre, miles from Fargo, where
The parties and their witnesses must go
to,try their case, or quit, which has hap
.pened. And this is all because Colonel
Gearey holds down two justiceships in
Fargo / Is this giving the. citizens and
the litigants a square deal? #@.e @ 5
Colonel Gearey is not being crowded
out Of his Office by me. Very many cit
liens who are familiar with existing
conditions want him to drop one of his
justicesiips and have assured me so,
'If Colonel Gearey can lawfully hold two
Of the three j,istieeships assigned by
law to Fargo, what IS to hinder him
from taking the office Of city justice
also and then he would be the whole
thing iii the justice line in Fargo?
Would that Be a square deal for this
city Es, ~.
Should Colonel Gearey be forced to
4felinquish the Office of police magistrate
sbyS the voters he would still be county
gjiistice of the peace at Fargo. That is
a. better paying Office as the records
SLOW. The proceedings of the county
commissioners of Casss county, printed
.in The Forum JAM rs, Ioo6,. show that
Colonel Gearey, drew $26s,35 for fees
III criminal cases heard before him for
the three months ending Dec. 81 1905.
This is at the rate Of 1878 per month
IorE $I;o53.4o per year. In addition to
this he has at least $4,000 per year in
fees for civil business, and it may reach
ST 900. This income, together with his
large pension, which he has been draw
Ing for SIS or 40 years, and his interest
in the Merchants bank, and which has
recently increased its capital stock from
$4,000 to 100000 the veteran Office
holder should be able to get along pretty
we'll without the. $4,000 per year and a
free Office which he has been receiving
from the city as police magistrate for
the past twelve years. Let him have
a square deal
Personally ] have no ennnity against
Colonel Gearey. rather admire his
success as an office seeker and holder.
He is noted for reaching out for every
thing iii sight and generally succeeded
He came here al years ago with a COM
mission as receiver of the government
sIandofice in his pocket II paid him
$1,000 per year for four years. Since
then he has been county justice for Is
years, at an income of from 1850 to
$1,000 per year, making at least $4,000.
He has been police magistrate of Fargo
about I2 years at a salary of $72o per
year, a free office, fuel and light. Yet
Notwithstanding he is rich and in re-
Iceipt of a good income besides he IS