The evening times. [volume] (Grand Forks, N.D.) 1906-1914, 1906-09-22
]. ENGERUD STATES
REASONS FOR
ABSENCE
Gives Dictated Explanation
For Failure to Attend
Courts sittings.

The absence of Justice Engerud of
Fargo from the sessions of the SUI
preme court held this week at Grand
Forks has caused a lot of discussion
and comment over the state. Prior
to the state republican convention,
when 1t was rumored that Attorney
Knauf would be nominated for the
supreme bench, Justice Engerud an
nounced that If Knauf was elected he
would resign. Later when Justice
Young resigned. Mr.. Knauf was ap-
pointed to fill the vacancy. and JUS
tfce Engerud decided not to sit on the
bench till after election.
Today Judge Engerud dictated the
following statement:
"A certain element of the press is
apparently seeking to create the i'm
preston that any opposition to the
election of John Knauf to the supreme
court Is due to personal dislike of the
man. think l owe it to myself, as
we'll as to the citizens of this state,
to publicly state my position.
Il have no reason to entertain any
i'll feeling towards Judge Knauf.
Neither have l occasion to question
his personal character.
my opposition to the election of
John Knauf to the position to which
he aspires 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 discharge of the duties of
the supreme court. He has neither
the training nor the capacity to en-
able him to properly perform the du-
ties of that Office, and his profess
sional experience has been alto
gether too limited to afford any
ground for claiming that his de-
ficiencies in point of training and ca
pacity might have been overcome by
the extent of his practical experience.
l do not stand alone in the belief that
he is incompetent. That is the gen.
eral opinion Of the lawyers who are
in position to form an opinion on the
subject. That fact is a strong as
surance that my judgment is correct
and inspires me with confidence in the
propriety Of my course.
"My second objection to him is bas-
ed on the fact that his nomination
was secured by political deal in
which the all-important question as
to his qualifications for the place was
not given the slightest consideration.
am firmly convinced that his nomi-
nation does not represent the will of
majority of the republican voters of
this state, and my faith in the good
sense of the general body of voters
is such that l believe that the people
of this state will not tolerate this at
tempt to convert the supreme court in
to stock and trade for political adven-
turers, 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 in
tegrity 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 nomi-
nations. 1t is fact we'll known
throughout the state that Mr.. Knauf's
nomination was purely political and
the main reliance to secure his cleo
ton is an appeal to party loyalty. My
regard for the Office of Judge of the
supreme court and its important du-
ties is such that cannot believe that
the electors of the state who are so
vitality interested are willing to per-
init that Office to be dealt with as po-
litical plumber to be given away as a
reward for political service. If the
election shall prove that I am mis-
taken in this belief, I do not desire
to continue as member of the court
when re0rganiZed upon such basis.
Had I believed that it was the wish of
the people of the state to permit their
supreme court to be degraded in that
manner I would have rendered by
resignation when Mr.. Knauf was APP
pointed. 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 voters is. Under
these circumstances, deemed it my
duty to the people and to the bar of
the state to withhold by resignation
until the electors shall have expressed
their wishes as to the future of the
supreme court. My course will be
governed by their decision.
"Inasmuch as the election will nee
essarily bring about change in the
personnel of the court, it was not only
my opinion but the expressed wish
of most of the attorneys having cases
on the calendar of the present term
that the argument of the cases should
be postponed until the judges who
were to decide the cases had been Sc
lected. Very few of the cases could
be decided before election. The work
of the court is now so we'll in hand
and there are so few cases on the
present calendar that there will be no
difficulty in disposing of all the cases
before the March. 1907. term of the
court. Delaying the submission of
cases until after election will avoid
the necessity for reargument and the
consequent expense and inconvenience