The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1910-04-04
DECLARES GRIFFITH'S ATTACK
ON JUDGE FISKE SCANDALOUS
Sensation Caused Among Members Of the State Bar by the
Attack Of Grand Forks Merchant on Member Of the
Supreme Bench Of N. D.--CorEss Makes Reply

held the temperance commissioner law
unconstitutional. / know personally
all about this case. as I conducted
every stage of It, / thought at the
time and still think that the majority
Of the court was in error in its hold
time, but thir docs not prove that / am
right OF that Judge Fisk was corrupt. i
As before stated, 1t lis well known
fact that lawyers, and 1t is matter Of
iuridicial history that questions OF the
greatest importance-far-rea ching /
constitutional questions are settled by
a vote of five judges 20 four Does
the fact that the four judges differ
from the FIVE show THAI they are
wrong or corrupt? Does the fact that
Judge Spaulding dissented in this case,
or the fact that / never agree with |
the decision, show that the majority of |
the court was wrong o. corrupt Fl
Certainly, it does not lie within the
jurisdiction of q Iaymen like Mr. Crit
fifth to pass Anal judgment upon tile |
soundness of Judicial decision, o.
the motives that prompt It,, / per-
sonally know that Judge Fisk res iized |
that his opinion you'd be unpop 1alr,
but nevertheless he wrote II and adj |
lhered to 1t. There was nothing SUI :
prisiEg in this to me, for | have long
known his absolute courage and 10y
atty to his judicial convictions in the
discharge of his judicial duty. AL
weak OF corrupt man would have
written the decision the other way
despite his convictions, for it was OBJ
vlous that the temperance commits
sioner law, was highly popular, ard
THAT q - al
the state wanted 1t sustained. The
lease presents nothing more than the
very ordinary case of a difference OF
opinion among Judges upon the bench
regarding a judicial question Judge
lSpalding was honest in his dissent.
and Judge Fisk and Judge Morgan
were honest in their holding in the
mater. 1t will be a sorry day for
the state when any body Of men. O.
any movement or cause can brow beat
and intimidate a Judge into rendering
Ia decision against his convic .ons byI
Threatening him with political disaster
} If he deides the case in a particular
way.
J Was Favored by Bar.
Wien Judge Fisk was candidate
for t. supreme BEECH, / gave up SIX
weeks Of my time to the cause of se-
curing his election, and contributed
my money to the cause, because /
knew that he was a man of great
learning Of exceptional judicial ability
ity of perfect judlcis temperament.
ana was judge of integrity and of
courage to stand by his judicial con-
victions, no matter what the conse-
quences might be. TIE fight to mt
him IN fhn r,yn~a,,.n tn-aL-
, lawyers in the state, burdensoma and
expensive in every way; but NET a
lawyer who aided ir the cause be-
grudges anything he gave. and now
the voters of tho state are asked to
, undo this work and to remove from
! the supreme bench Judge of extraor
! binary fitness for his work. because
in one liquor case, he thought a GER
tain law was unconstitutional and he
. cause in another liquor case he dis
sented and because in a third Jinuor
. case, decided by him as district nudge
he happened to be reversed bv the
supreme court If highly useful
, judges are to be destroyed in this wav.
the day is not far distant when the
q people OF this state will repent II in
sack-cloth and ashes. / would advise
I that the gentleman who. is trying 20
q poison the public mind against Judge
8 Fisk, examine the records of this
3 county and Nelson county while Judge
Fisk was district Judge, and see. the
n great number of cases shown by such
/ records in which he enforced the pro-
4 hibition law whenever the evidence
4 was sufficient to warrant him in doing
r so. There are some seventy-tlve cases
e In Grand Forks county alone.
: In closing, / wish to cali the public
t attention to the extraordinary appeal
v made TO pack the supreme court in
: the interest Of sustaining another tenn
s perance commissioner law after an
: other one has been passed. In this
IS carefully prepared statement, we find
r the following:
q 1--WE must see that a law is framed
W that will pass the supreme court, hence
e the Importance of the personnel of the
"a supreme bench"
,rl In other words, every other consid.
o Grafton is to be subordinated to the
3 selection Of judges who will sustain
IS the constitutionality Of a new temper.
: ance commissioner law. One would
re- think, from the bitterness of the at.
If tack made on Judge Fisk, that The
j, sole function Of judge of the supreme
re court was to deal with liquor cases
1T AS a matter of fact, the decision o.
a liquor cases is minor matter when al
a the great duties and functions of {
= court of last resort are considered.
a trust / shall never become so marrow
20 on any question that / will turn tn,
re qualifications of a judge for the bencl
lie upon his supposed attitude towards /
N single one of the multidihous questions
n that are destined to come before him
~~@~-~~@-~0~0~-~~~~1~~- ~~~-@@-e--~~~-~~~
o. condition of all the roads running int
1t Fargo.
ie The work of putting in new rails il
70 the yards of the N. p. in this city vii
q be commenced soon.
% The visiting N. P. officials last Satur
!, day evening found everything abou