Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1908-06-16
VANBENSCHOTEN GETS
/. AFTER HIS CRITICS

ANOTHER CHAPTER IN THE MER-
GER COUNTY POLITICAL EN-
BROIGLIO FRO MTHE MERCER
q COUNT REPUBLICAN,.
My attention has been called to
resolutions purported to have been
adopted at the Bowdish school house.
May 16. Mr.. Bohrer has already de-.
MED his connection with said mat
ter and several men from that loca-
4 ton disclaime any action on their
part. Most of the people at the meet
ing are not personally acquainted
with me; for this reason it is self evil
/ dent that Harris and 10y are joint
authors and instigators Of this work.
They are the parties responsible for
the action taken at said meeting.
charge them with bad faith and will
full misrepresentation in every allie
CATION made by them.
In the first place Jim Harris knew
the honest facts in the case relative
to the action taken by Phelan's at
torneys in withdrawing the case in
the supreme court before arguing it,.
told him personally at the time
that the supreme court had recently
handed down an opinion in another
case that was prejudicial to the case
in the supreme court and that Phel-
ans attorneys had thereupon with
drawn the case. AS "Jim" claims to
be STEPPED in the law, would like
to ask him if there is anything to
prevent a plaintiff from withdrawing
his case in a matter like this? He
probably does know that plaintiff
his that right but is trying to deceive
some of the people who do not diet
on the Revised Codes Of North Da-
kota. If he does not know any bet
ter, he is not overflowing with either
legal knowledge or common sense
and should not be guilty of making
such silly charges. Any sane man
will readily see that I could not pre-
went their withdrawing that case any
more than could not prevent their
starting another.
/ will say that I have given all pos
sible attention to the legal affairs of
| Mercer county. It is true that in a
very few instances I have not been
able to attend matters pending be
fore justices. But this was for the
reason that was obliged to spend
several weeks in the field, in the nine
townships, and on the road getting
afidavits to refute allegations made
by Phalen and others, and giving
needful. attention to this case. ]
1 consider this of more vital import
ance to the nine than few small
cases that the justice is able to care
| for. have saved the county of
Mercer a large sum of money by con-
Quoting its legal affairs in a business
like manner. And this the substan-
tial tax payers Of Mercer county full
/ ~ appreciate.
i think the people in the settlement
] understand you pretty well. They
have not forgotten how you both
"barked'' for grand jury, how you
/ agitated the matter until you liter
4 ally forced the judge to issue call
4 against protests made by an over
4 whelming majority Of the taxpayers
Of Mercer county. They remember
that you made serious charges and
brought the good name of the coun.
ty in disrepute abroad, and they ex-
i pected that you would be present
actively engaged, laying matters be
fore that representative body of citi
zens that would enable said jury tt
ascertain the truth or falsity of YOU
charges. You were men who demand
ed the grand jury. Why were yot
not present to supply them with thu
| facts that you influenced some PEG
i pie to believe you were conversan
i with? You certainly cannot find an!
fault with the personnel Of the grant
! jury. They were all men Of intel
i ligence, ready to do their duty, And
they did Investigate the affairs 9
1 the county and complimented Thu
present officers on their economical
| administration Of affairs. This CRANE
jury proved to be boomerang, AMI
you have: been sore ever since. Blu
/ who is to blame for it? No one blu
1 yourselves. You doubtless remembe
i the old poem beginning,
j .But they who fight and run away
Will live to fight some other day.
/ 1t might be changed for your spec
! ial benefit. as follows:
But they who bark and rur
away,
Will live to bark some other day.
4 AS you are still barking" this i
doubtless why you did not stay b,