The Dickinson press., 1910-10-29

Grand Forks the Man Who
Observation-Disclosures the LIZ
nite, Coal Rate Law Against; st x
Raijfoaadssi tn the United States.
Supreme Court. D
Just now when the voters ore about.
to choose q majority Of the Supreme
Court, and foe. pcssibly ten ySass, The
Greatest care should be exercised. The
voters On the Missouri Slope have not
been brought into contact with the
members of the court to any great ex-
tent 80 that the opinion of those who
know of the qualifications Of the six
candidates shuuld be welcomed.
Judge Corliss, the frst chief justice
in this state. who served with sreat
distinction upon the Supreme Court for
eight years and then retired to practice.
has put out his views over his own
signature. His practice has largely
been against corporations. 1t will be
recalled that ne argued the coal rate
case in the United States Supreme
Court in behalf of the state and against
the railroad companies. This law re-
duced the carrying charge. 1t was con-
tested by the railroads, but ~ sus-
stained by QUE State Supreme Court in
an opinion written by Judge Fisk and
concurred in by all of the other judges,
including Judge Ellsworth, who. with
Judge Fisk, is a candidate for re-eloc-
tion. The railroads carried the case to
the United States Supreme Court and
the state secured the services Of Judge
Corliss to assist the Attorney General
and present the case in that court. The
opinion of such q man is worthy of the
most careful consideration: We are
glad that there are attorneys who have
the couraee and good citizenship to put
their opinions as to thu qualifications Of
the candidates before the voters over
their own signature, and to have the
privilege of submitting them to the
voters of the western part of the state.
The opinion is that of an imminent
lawyer and jurist.
To the Voters of the State of North
Dakota -
| feel that q Grave situation confronts
the people of the state. At the coming
election, three judges of our Supreme
Court will be chosen by popular vote.
There are six candidates in the field.
Upon the intelligence and virtue of the
people in voting on this question will
depend, in a large measure, the future
| standing and character of our highest
| court.
1t is commonly thought. that the
people hold their rights of life, liberty
and property under the law, but this
is true only in so far as the judges of
our highest coult correctly interpret and
correctly apply the law when cases are
before them for decision. If, through
ignorance or prejudice or corruption of
the judges, the law is not correctly
| interpreted or is not correctly applied
to the case. the citizen is wholly with
out the protection Of the law, and to
this extent the citizen is in the same
position as though there were no law:
The work of our Supreme Court judges
does not fall under the eye of :the
people and it is impossible, in the very
nature of the case, for them to judge
of the character of such work or of the
fitness of particular men for the Bench:
It frequently happens that the lawyer
who does not attract public attention
is the very man hest qualified for
judicial work. Those members of the
Bar who practice before the Supreme
Court are best qualified to judge who
are the men best fitted for judges of
that Court. This truth has been recently
recognized by the Minneapolis Journal
in an able editorial, criticizing the Bar of
Hennepin County for its failure 10 ex-
press an opinion as to the relative
merits of the candidates for District
Judgeships in that County.
Judges Fisk and Ellsworth and C. M.
Cooley have the overwhelming support
of the lawyets of the state, and they
also have the support of every n of
the five judges who have previously
been members of that Court, to-wit :
judges Wallin, Enaerud. Knauf, Young
and the writer of this letter.
l have no hesitation in saying that
these three gentlemen are in every way
the best fitted for the position of the
six candidates in the field. But I am
compelled by a sense Of. public duty to
60 further and say that which it would
be much ~pleasanter for me to leave un-
said. Neither. Judge Burke nor Judge
Goss had any such standing at the Bar
at the time they were nominated for the
District Bench as entitled them to be
regarded as qualified for the Judicial