The Bottineau courant. (Bottineau, Bottineau County, N.D.) 1895-1929, 1907-03-01
S0RLEY'S
MEASURE
TO make Governor Of State q
Court, turned down.
2 CT. FARE QUESTION
Will come up before the House this
week and in all probability will
be amended to make maxi
mum fare 2 1-2 cents.

|
be amended to make maxi
mum fare 2 1-2 cents.
Cournnt Special.
Probably the most severely
fought battle of the week was
the one fought over Sorley's
measure providing for the es-
tablishnent of a new court for
the trial of state and county
officers who are negligent as to
the duties of their office.
This measure sought to make
the governor of the state a court
in whose power would lie the
matter of the suspension or re-
1noval of all officers who were
or could be presumed to be
negligent or wilful in the man.
ner of conducting their Offices.
The insurgent and demo-
cratic combine made the last
campaign upon the avowed
pretence of divorcing the judic-
iary from the political strife
around us. They were success
full in their attempt to the ex-
tent that in a republican state
they elected to the supreme
bench a democratic, and upon
the district bench that he va
Gated, when he was called to
the higher position succeeded
in getting another democrat
appointed. In this matter at
least the divorcing of the judi
ciary and politics. had the ef-
feet in giving to the democrats
two positions that they never
could have attained under
normal condition of partisan
affairs.
But while it may be that we
can divorce the judiciary from
the political environment, it
has never been asserted that
the office of the governor of the
state of North Dakota was any
thing more or less than politi-
cal one, and there has never
been any attempt to elect any
one but a partisan to that posi-
ton. 1t now seems little
strange, that the spokesman of
the Political Purity Alliance"
should go out of his way to en-
dow the partisan office of Gov
ernor with all the functions of
judiciary as we'll as that of the
administrative departments.
There might have been some
occasion for law of this kind,
could it have been shown that
there was no law upon the
statute books that would apply
to that class of offenses sought
to be controlled. But the fact
is that district courts have al
ways held the power to hear
cases of this kind and to re-
move the offenders from office
if in their judgment it was
thought to be desirable. 1t is
yet to be charged that the courts
have been in any way derelict
in their duty in this matter.
In fact it was no later than last
season that Judge Goss remov-
ed some of the county commis-
sioners of Ward county for gross
misconduct of their official
duties.
But in a court action upon
matter of this kind there has
ever been a wide latitude given
the defendant to defend him.
self, and a matter of fact is sa
rule submitted to a jury for their
adjudication. Witnesses are
summoned, sworn, examined
and crossed-examined, and the
Judge hearing the story from
the mouths of the witnesses
themselves. are being cogni-
zant of their attitude, willing
ness and trustworthyness finds
from the testimony the true
facts and acts accordingly. But
this new scheme provides for
suspension at once and exam
ination afterward, and that
testimony may be produced by
affidavit, deposition, and that
after all has been said the gov
ernor, holding his office by
virtue of partisan votes, and at