Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1910-11-11

relied upon stere decisis to support
the order of reversal.
: do not wish to be understood as
aiming a criticism at the court for the
conclusion reached, because l realize
it followed the authorities upon the
questi on involved. My criticism is
Ilevelled at the practice of relying up
on said authorities instead of deter
mining the matter by the application
of a basic principle, that is to stay;
the state sought to reform or punish
the defendant for violation of the
embezzlement statute. and under the
facts it would appear that the crime
was committed by one of the means
charged.
There is also. in my Judgment,
growing need of a bureau of GRIMM
ology in this state. 1t ought to be per-
manently established and operated
upon comprehensive plan. hold that
the object of the criminal law is more
, to reform than to punish.
However. under our system. but
little if any effort is put forth to ef-
feet reform. I do not mean by this
hat We are not mercful in the ad
ministra ton Of the criminal law, or
that our board Of pardons does not
exercise clemency in meritOrious
cases. but I do insist that but little
or no effort is put forth by the state
to study and determine the cause of
the crime of which the defendant is
convicted or acquitted, and that, con-
sequent1y. we are continually striking
Of ~ iv,cf ~ ~ h0
original cause But I refrain from dis
cussing this subject further because
expect that We shall be treated to
paper upon it by one of our members
during the convention.
The Courts.
The position of our Judges Of courts
Of record is indeed an anomalous one.
They are at once expected to be non
partisan and at the same time rely
+ upon the uncertainty of politics for
their elevation and reelection to the
bench ] cannot better describe their
! positi on than by the adoption of the
language of the Honorable A. A.
Bruce, our vice president. who says:
; "'Paradoxical though it may seem
there is no one who is closer to, and
ats the same time further removed
from the great masses of the Ameri-
can people. Especially is this true of
the elective Judge Of an American
| court of last resort. He is constantly
! criticised and misunderstood. Yet he
has no adequate means Of defense.
His duties are so arduous that he must
Of necessity be a student and re-
cluse- His position is so prominently
a political one, however, that he must
, of necessity keep responsive to the
political and social tides and pay
heed to the politicians and to the
powers behind the throne, whether
, the powers be populistic, corporate or
! democratic in the broader and higher
sense OF the word. Especially is this
/ true where the system Of primary
elections prevail. He is the subject of
frequent criticism. Yet he has no
popular forum. He is both of the
world and out of the world. He de-
Ponds for election upon the public
support and the popular suffrage. Yet
his office is so surrounded by tradi-
tion and dignity, and so careful must
ne be not to express an opinion in
advance on questions which may come
later before him for judicial determin-
alton that he can but rarely appear
uppn the public platform and but
rarely defends himself or his deci.
sions in the popular press. He has
the law reports, it is true, in which
he may write but these the general
public never read. His position de-
mands the highest wisdom and the
fullest opportunity for ample thought
and complete freedom from petty an
noyances. Yet he has no opportunity
for this ample thought and no free
dom from annoyance"
Add to this the fact that in these
days Of license Of the press and the
modern telephone system. when the
people are daily in touch with the
proceedings and decisions in cases Of