Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1911-03-31
and abets thel elm and without him the

and abets thel elm and without him the
crime could not be permitted.
However this may be-" said At.
torney Bangs, Judge Cowan was one
OF the magistrates of the state and
upon him there were duties devolving
arising out of the office and owing by
him to the people of the state.
Under section 211 of the constitu-
ton he took an oath to support that
constitution and the, sixth section
there of following is the so-called pro.
hibitcry section under which the sale
of intoxicating liquors to be used as
a beverage is forbidden. The pur.
chase of liquors for the prohibited
purpose was clearly violation of his
oath of office.
Section 1898 provides that the
judge of the district court must call
grand jury when he shall deem the
attendance of such grand jury neces-
sary for the due enforcement of the
laws of the state. 1t is idle to argue
that this section vests an arbitrary
power in the judge. 1t will be noted
that the mandatory must is used.
1t is not may The Judge must call
a grand jury under certain circum-
stances.
"The section means that whenever
the judge has reason to believe that
a grand jury should be called he must
call one in order that the laws may
be enforced. Having called it, he
must charge it relative to the vic.
lations Of the prohibition law. When
Judge Cowan with his companions
bought the liquor for the prohibited
purposes in the drug stores and other
blind pigs, he knew the law was being
violated and he wilfuhy refrained
from performing his duty imposed
upon him to call grand jury"
Bangs then spoke of the laws re.
lating to powers of ordering arrests
where in violations of law are found
and claimed that Cowan had held that
power and had not exercised it.
1.-THE testimony seems to indicate
beyond question that Judge Cowan
frequented the drug stores in Devils
Lake commonly known as the Green,
Ness. Moran, Ball and Bond stores.
and also the blind pigs in Chiostri's
restaurant and the Vanderhoof hotel.
1t is expected that several OF the
clerks who formerly worked in the
drug stores will be present to testify
and the proprietors themselves are
under subpoenae on behalf OF the
state"
Edith Mcdonald, who testified be-
fore the house committee with refer
ence to certain incidents in hotel at
Minnewaukan December /, 1909, is
absent from the state, Bangs said
without procurement of consent of
the prosecution. 1t is, however, be.
lieved that the lack of her testimony
is not necessarily fatal to this charge
but that the fact may be CLEANED from
other sources; the managers expect
to place three or four witnesses up
on the stand under the specifications"
This is the fourth charge in the arti-
cles of impeachment.
Miss Schulz, the Rugby woman,
whose affidavit was brought to the I'M
parchment committee of the house,
is also absent from the state, Attor-
ney Bangs said, but he hoped that
she would be present to testify during
the proceedings. The charge comes
under the fifth article and is that the
Judge then and there unlawfully and
wrongfully seized the person of the
said Nellie Schulz and attempted to
embrace and kiss her against her
will
Under the sixth charge, that of de-
lay in cases, Counsel Bangs declared
that each of the forty.nine specified.
tons included in the articles of i'm
parchment would be taken up. He
recited a number of cases that would
be brought to the attention of the
court.
The seventh charge relates to the
filing of talse certificates with the
state auditor for the purpose of in
ducing the auditor to issue warrant
for salary as provided Eight speci-
fications are included under this
charge.
'In conclusion the managers desire
to say that they have not viewed these
proceedings as essentially adversary
in their nature" continued Bangs in
closing his statement. ut resembles,
to their minds, more an investigation
or inquiry. 1t is true there is an ac-
cused, defendant, but he is such in
name only. The real basic inquiry Is
whether or not this man may be safe
ly continued in his position as dis
trict judge.
The office is not viewed by the
members as the personal prequisite
of Mr.. Cowan nor is it deemed pecu-
liarly within the gift of the electors
of the Second judicial district. 1t
is a state office an Office in which the
entire state and all Of its people are
interested. Litigants are forced into
the district court of the Second judi
cial district from all over the state,
and from outside the state.
IF it were a matter that concern
ed only the people of the Second ju-
judicial district, they might be left
o determine the questions themselves
but to so assert is to entirely misun-
lerstand the nature of the office OF
district Judge and the functions per.
'crmed by him.
"The honor of the state and all OF
is people is directly and vitality in
crested in the purity Of the judiciary
md this interest extends as fully and
to the Second judicial dis !