Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1911-05-03

the and became him order clear
and of the into his hands, Judges
do and
But disposed of and disposed of before submitted
The of Brown Comonow submitted 1908 March, and
decided in April 1904. That another Magone
Mr.. Geo A. Bangs: When submitted:
Mr.. Tracy R. Bangs 1903.
Geo A. Bangs: Well you stated
Mr.. Tracy R. him. submitted
until after his DEATH
of up a Now
decided 1906
1t there long delay but there explanation why
the delay nothing said Of these show that they had
objected the delay nothing show this Senate that of these
had at time made objection to this delay.
And that o Of
McCrea Ees, decided by the of Indiana and cited
from the 18th Northwestern from
5o4 This decision,
the matter had the of Indiana and that
in passing
able Thomas J. Tec judge Clinton
circuit the oath and 18th days OF March, 1882 and having
been requested make special finding OF taken
july 1885, and shown for the
passed constituting the judicial which embraced
Honorable Allen Paige has become the
The special finding filed during the June 1885, of that
ceedng which include the finding purpot
Judge Paige but the finding signed t. The without exna
ton of record why signed Counsel for appellants
that Judge erune appeared the circuit and without authority
ed make and to file special finding and make the point
'at we'll because of the long delay the special finding
void In the first place the that Judge Te appeared the
the creating judicial
provided questions pending the Cln
Judge by
the third place. when judge holds under advismn
60 days without objection question: the presumption ought be in
Obliged that lie had lawful the delay
So that that each and
anything objection upon the part of these ATTORNEYS
different gaon presumption
INDUCED that is spoken of by the Indiana:
had lawful excuse for the c can not presume that ye Cowan
acting uawi presumption naturally every
unless disputed by evidence of character. that his
proper and lawful this specification the case of Garden vs.
a for call
attention the of Mr. McCoy which appears
ON the 10Th d of April in which he saws that he was attorney for the
plaintiff, Smgad Burke Middug
the defendant The action for damages for SANDER but that
biefed and argued. believe So that
fully submitted
Now the that that of Hcmn Roe under
specification II" 1t that unexplained. testimony
Mr. Nddaug who appeared here for
he tells that these had all been prepared submitted
June y, 1908 Now this Campbell Campbell
Watasha Mimi. attorneys for parties
the local of Campbell Campbell:
side attorney, Middaugh
Now, this delay don't
Rofe and don't know what he has done
himself he might have taken
know what Campbell Campbell did, them
Mr. Middaugh has paid little
stand that he didn't know whether had been decided apparently
this that has been overlooked by all of the parties
beyond question: from the testimony this there has been
demand made Judge Cowan decision
objection because decision has
within the rule laid down by the of Indiana that where the
delay takes place without objection the prevails the
had some good and legal cause for the delay.
But hurry through these for the is the
No. II Burdick Denoyer In
evidence
witness that Mr. Mddaugh Don't
submission of briefs findings" he
Senator: What case?
Mr.. Tracy r.. Bangs: Burdck VS.. Denoyer.
Senator: Mr. Burdick--
Tracy Bangs: testify Senator put Oh
objection Mddaugh
whether briefs filed
testimony finally
tied Mr. Mddush in January 1908 So that finally dis
posed
Ugland Kolb This submitted
18th of April according the testimony Of Mr. tried
April 1905 finally rendered
1909 Now witnesses in that
Mddaugh Mr. serumgad and Mr. McCoy Mr. Mid
fled Il don't remember anything about
by either side and satisfied that
another
although apparently Cowan finally decided it. Mr. Mid
daugh gentlemen all candor that he