The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1910-11-05
Corporate Influence Charges
Proved to Be Without Foundation

Grand Forks, N. d., Nov. 5.-An in
curry was made of Atty. George A.
Bangs as to the charge of corporate
influences behind the candidacy Of
Messrs Fisk. Ellsworth and Covley.
He has issued letter replying fully
to such insinuation showing that
these gentlemen were endorsed by
the attorneys having the largest prac-
tice against the elevators and rail-
roads-including such men as Messrs.
Lauder, Knauf and Hildreth.
He also shows that the most i'm
portant decisions rendered against
corporations by the supreme court
were written by Judge Fisk, and were
concurred in by Judge Ellsworth.
These were all in the interest of the
people and were against the corpora
lions, and where appeal has been
taken the opinion has generally been
sustained. except that the United
States supreme court has sometime
given corporations privileges these
judges of the state court refused.
The cases cited include:
State ex rel McCue VS.. N. p. r. r..
Co, 100 N. w. $50.
state Elk rel McCue VS.. NJ, st. P. &
S. S. M. Ry. Co.. 100 n. w. S74.
State ex rel McCue VS.. G, N. Ry. Co j,
100 N. w. S74.
Pendroy VS.. G. N. Ry. Co, 1T N.
| W., IL N. D. 433.
Mr.. Balgs, in further commenting
on their record, says:
'In the Pendroy case, Judge Fisk
| writes the opinion of the supreme
court in which he sustains McHenry
| county district court verdict, where
the plaintiff collided with train at
crossing; the action was brought to
lrecover damages and the railroad
| claimed that the plaintiff was guilty
of contributory negligence; the case
goes as far as any that has been
called to my attention in permitting
| this question under the facts therein
| to be determined by the jury
"I want TO call your attention to
Lessen VS.. St Paul Fire Insurance Co.,
| 127 N. W. S36; in which case the
opinion is written also by Judge Fisk,
| for the majority of the court. concur
red in by Ellsworth, and wherein the
North Dakota supreme court goes
/ suuarely against the rule laid down
by the supreme court of the United
States and holds the property owner
entitled to recover against the insur
ance company, even though the policy
procides to the contrary, where the
agent issuing the policy had knowl-
edge of the nature OF the property
| ownAr's title, which was detective;
| this decision is in line with many OF
| the state courts but is in full conflict
with the supreme court Of the United
/ States rule. Now, was this the de-
cision of judge inclined toward cor
porations?
II might also call to your attention
| the case Of Kunkle VS.. 500 Ry. CO.,
121 N. w. $50; in which Judges Fisk
| and Ellsworth concur with the ma
ioritv In Affirming the verdict of a
Wells county jury in railroad cross
! ing case.
II also invite attention to Hanson
Us. q. N. Ry. co. 121 N. w. rs; where
Judge Fisk wrote the opinion and
Judge Ellsworth concurred. and
where. among other things. Judge
Fisk saws: "Stipulations Gin con-
tractl fixing a mere arbitrary yalua-
ton on goods for the sole purpose of
limiting the carriers liability in case
Of loss or damage, are not just and
reasonable in the eye Of the law"
And the verdict of the lower court is
affirmed.
AIn Satterberg VS.. 500 Ry. Co, 121
N. w. 10: Fisk and Ellsworth concur
| in the opinion of the court holding
| that where the railroad causes death,
| the plaintiff may recover, even though
there be no legal obligation on the
part Of the deceased toward the sur
viying heirs, but that there Is d right
Of action i'm such heirs to recover for
such pecuniary aid or support as they
had any reasonable expectation of re-
ceiving as a duty or through a recog-
nized sense of obligation on the part
4 of the deceased: this also is most
far-reaching decision, and established
4 for the first time the law In this state
upon the question.
II speak as one honest man to
another and / want to emphasize the
/ Importance OF this matter; I feel that
| it would be most grave and serious
| mistake III any one of these three men
| should be defeated, not so much be
cause Of his defeat, but because 81