Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1910-10-19
TIE JUDICIARY QUESTION.


Az the Tribune has heretofore stat
ed, the practical elimination OF par
tisan bench, and the selection OF men
Of unouestioned integrity. was not on
" the aim of the law makers when
the non-partisan judiciary act was
passed, but is the desire Of the peo'
ple of the state. The judiciary act IS
a sort OF sitting process, whereby IT
was expected that from number OF
candidates it would be possible to
finally select the three best qualified
for the position.
1t seems. however. and very natur-
ally, that this way of putting it the
three best qualified"-is obnoxious to
many and somewhat blunt. For this
reason, when the so-called Commit
tee of One Hundred" issued Its cir
cular to the public to the effect that
of the six attorneys chosen at the
June primaries, 1.-The three best quail
fed and recommended for election
we're Judges Fisk and Ellsworth, now
on the supreme bench, and Mr.. c. M.
Cooley of the Grand Forks bar"-the
sitting OF these men naturally aroused
the indignation of the other three
nominees, Messrs. E. T. Burke of VAL
ley City, f. B. Goss of Minot and
w. M. Anderson of Devils Lake.
1t is a rather delicate task. this
selection Of the best qualified under
the conditions. for there is every EVIL
dence Of the fact that in the minds OF
many attorneys and thousands of
laymen, the three not attested by the
com ittee of the State Bar associa'
ton are also eminently qualified for
the position.
As an abstract proposition, the peo'
pie are inclined to attach much weight
to the recommendations Of the bar
association of the state on matters
Of this nature, but the unfortunate
fact stands out that the recommends
lions made in this instance are not
made by committee created by q
vote of all the members Of the bar
association, such meeting and such
action, for very plain reasons, being
impossible. However, it is the claim
and the list of names sustain the
contentiOn-that the Committee OF
One Hundred" is composed of as
representative attorneys in good
standing, as could be found in the
State Bar association.
This committee is now sending out,
in defense Of it's position a couple OF
pages of matter. and as 1t Is claimed
by the committee that the press OF
the state has in some instances been
unfair in comments upon the acts
and aims of the committee, the Trib-
une, which has refrained from enter
ing into the controversy and does not
now wish to impress it's judgment, in
fairness to the committee. publishes
herewith, in part. the explanations
given by it in justification of its posi-
ton:
The people of this state have shown
4 desire to keep this. their highest
court. at high standard Of efficiency,
and have as a rule made qualification
and superior fitness for office their
test of preference rather than party
afiliation or personal ambition. The
last legislature removed the office en-
tirely from party politics by passing
an act providing for q non-partisan
nomination and election through q
separate judiciary ballot. Under this
act two candidates are nominated fol
each judicial Office to be filled. The
primary in June resulted in the nam
Ing. as the six candidates for the
three places to be filed, the following
persons: Judges Fisk and Ellsworth
now serving upon the supreme bench;
Mr.. C. NJ. Cooley, an attorney a
Grand Forks; w. NJ. Anderson, an At
torney practising at Devils Lake; and
T. T. Burke and E. B. Goss. now hold
inn Offices % district judges in the
FIFTH and Eighth judicial districts re-
spectively.
There were ten candidates at the