The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1910-10-21

to the citizen and to the common
wealth. AS an appellate court it has
authority to hear and finally deter
mine all causes which originate in the
lower courts of the state, whether they
involve questions Of life, liberty, or
property, or concern the common rights
Of American citizenship. AS a court
LOT original jurisdiction, acting through
the agency of it's remedial writs las
will appear by it's published adiudica.
tions), the court i'm its. compare lively
brief existence has been frequently
called upon to intervene and decide
causes involving the most cherished
| political rights of the citizens, as well
as to interpret, limit, and define the
prerogatives OF the officials Of public
institutions created and endowed by
the people Of the state. A court pos
sessing such far reaching powers and
many others, including the sovereign
power of annulling laws enacted by the
| legislative branch of the government,
should never be presided over by
weddings; nor should it's powers be
administered by mere tyros in point
| of professional experience You are
about to choose three members ma
jority of the court. This is no ordinary
election Of single member Of the
court. Such an election in my iudg-
ment, overshadows I'm its significance
every other matter or Issue relating to
the election of the present year in your
noble young state. Are the people
awake to the Importance of the i'm
pending campaign? IT. Is right and
commendable to exercise care in choos-
ing a governor, or a member of con-
gress; but the power of governor or
member Of congress Is of small ac-
count when considered with that which
may be and must be welded by ma
iority Of the supreme court. A major
ity OF the judges will control the, de-
ciston Of all cases brought before that
court--a tribunal of last resort In
such an election as that impending in
North Dakota, Indifference and apathy
on the part Of the intelligent voter be-
come. in my judgment, nothing less
tran political crime Nor is the cleo !
ton one which should be greatly in
huenced, or influenced at all, by party |
considerations. In a true Judge no |
feeling or political bias will conscious !
ly turn a doubtful scale AS l have /
said, none of the candidates in the field |
has solicited my aid nor am led to !
write this letter by especially friendly |
relations with any of the candidates. |
In this campaign / desire only what |
an enlightened citizen of the state
should desire, viz, the very best men
for the place.
| shall disparage no candidate in the
field, and will conclude this letter by
a reference only to three men, who |
feel sure viii do honor to a place on
the supreme bench. I shall first men
ton the name of the veteran jurist,
Judge Fisk. He is natural judge,
and one OF wide experience on the
bench On no account should the peo- Il
pie permit him to be retired from a po-
sition which he has so long occupied I
with honor. Judge Ellsworth, too. has
the judicial temperament in large
His appointment to the SUI
oreme bench was not a surprise to me-
had long noticed his fitness for iu-
1icial work of the highest character
began to observe him many years be-
fore he was called to the bench BY
mis- judicial work he has earned the
light to be further trusted.
am hot SO lanlllIdf WIN the pro- |
'essional career of Mr.. Cooley, but
would certainly in the absence of fur
her information touching his character
and attachments as a lawyer, vote to
place him on the supreme bench If II,
had no other reason, / should do so
on the ground that in the
year 1908 he was by the unanimous
vote of the state bar association rec
to the governor for appoint
nent to the supreme court.
Undoubtedly the Committee of One -.
Hundred of the North Dakota bar is
engaged in a most worthy work. can
hink of no higher patriotism, no high
n political service, which a lawyer or
/ citizen of your state can perform in
he present crisis in the judicial history
VI the state. May their work in this
be crowned with the fullest
success!
Meanwhile I am
Yours sincerely for the right
and for auld lang syne,
Alfred Wallin. !