Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1908-02-02

III iiAPoi tdHSS VI lllipdi tldiily dllu ldlI-
ness in the discharge of official duties.
The public does not desire the convic-
ton of person unless his guilt is NOR
ally certain, and shown by evidence A
prosecutor who is vain enough to boast
of convictions regardless of the guilt or
innocence of the accused or of methods
taken to secure such convictions, is I'M
worthy of his Office and untitled to dis
charge its duties. No distinctions of
persons made by wealth or social posi-
ton are to be considered and the grow
ing feeling that the man of wealth or
social position stands in more honor
able light before our courts than his
less fortunate brother, is certain to
breed anarchy
| Public officials can di much to remedy
this condition and see that the criminal
statutes are enforced. The greed of
gold craze is the cause, no doubt, direct
| ~ or indirectly, of more unhappiness,
sorrow and crime than all other causes
r - rs -,
combined, and to cure the public mind
of this harmful disease is one of the
serious problems of the age.
The judge ,admonished. his hearers
that favoritism in the enforcement of
the law should be unknown The pro-
/ secution of a poor and unfortunate per-
son, in many cases driven to crime
through necessity, is reprehensible, when
the rich and so-called respectable felon
is permitted to go free. The latter class
! is menace to law and all such parasites
should be prosecuted for the protection
of society, Any one who encourages the
violation Of the law Injuries the govern
ment under which he lives.
Local prejudice against certain laws
is serious impeachment to their en-
forcement, but with the official who has
tire determination to do his duty it is
not insurmountable. Another obstacle
to the enforcement of some laws is that
in the opinion of many the penalty for
violation is too severe; but statutes of
! this kind are amendable and no doubt
can be freely amended by the Iegisla-
ture on proper recommendation by the
association. The lack of promptness, or
the promptness with which the accused
is compelled to answer for an offense is
most necessary in the administration of
criminal law
| The judge believed that much of the
laws delay could be done away with
by the exercise of more care by the
court and counsel in the trial of cases,
whereby prejudicial errors are allowed
to find their way into the records, ne
cessitating reversals and new trials. The
public prosecutor should be as anxious
as the court itself to secure fair and
impartial trial and by doing SO best
serve his clients.
Dean Bruce was introduced by Presi-
dent Wineman as gentleman who
claimed to be Scotchnan, although
born in India. Prof Bruce's address
was scholarly dissertation on sole gen
eral phases of law, and particularly on
the trend of the decisions of the U. S.
supreme court in regard to the conflict
ing interests between the states and the
rights of individuals in states and the
larger interests of interstate questions
and the rights of citizens of the United
States, distinction that was now ap-
parent in the decisions of the court.
/ A number of attorneys were called
upon to give information, and States
Attorney Shaw of Morton county, was
asked to speak upon the matter of the
enforcement of the prohibition law as
recently exemplihed in his county. He
stated that the matters were quite gem
orally well known throughout the state
and that on Monday next, at Valley
City, it was expected that the trial of
the blindpiggers, under indictment by
the Morton county grand jury would
begin, and that the cases would be COM
/ pleted and the incident closed in short
time.
Attorney Besserson of Wells county.
wanted discussion by the states at
torneys present of the difficulties thrown
about the enforcement of the prohibit
ton law through tire agency of druggist
permits. One attorney desired the as
ISOLATION to pass resolution asking the
Legislature next in session to repeal the
druggist perfit law.
States Attorney Thomas of Benson
county, introduced an important matter
OF a general as we'll as of a state in
terest 1t concerned the matter of prac-
tice in the trial of cases and relates. to
a reform movement that has been start
ed largely by Judge Amidon to facilitate
the final disposition of cases by reducing
the possibility of an almost unlimited
appeal, where clients have the wealth
and determination to continue such pro-
ceedings. The advantage Of a wealthy
client over a poor one in the matter of
II II y.