The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1911-03-31

also is absent from the state, but 1t
| is hoped she will be present in time
to testify during these proceedings.
Charge s. After the derelictions set
forth in the preceding specifications
we would be surprised If Judge Cowan
had faithfully performed the duties OF
his office.
Charge contains fifty specifications
alleging in substance that without any
excuse in law he neglected to render
decisions and to decide motions and
applications until long after the
statutory period had expired.
Charge Z. This charge embraces
eight separate specifications. Specifi-
cation 1 charges that at the end Of
each three months since Jan. 1, 1905,
Judge Cowan made false certificate
| to the state auditor under section 1899,
and that this false certificate was made
for the purpose OF inducing the auditor
to issue warrant for salary as provided
! by section $50, revised codes 1905.
! Charge s. This charge embraces
three separate specifications the sub
| stance of which are that Judge Cowan
/ In the presence of jurymen officials.
witnesses and spectators did speak and
conduct himself in a grossly unseemly
! and arbitrary manner and did abuse
and treat the parties to the litigation.
| witness and counsel with gross con-
| tumely, and in the presence of thel
| jury did so conduct himself as to in;
dictate his bias, prejudice and par
TALLY and did act and conduct him,
self toward litigants and attorneys in
a domineering, abusive and insulting
/ manner.
| In support of this charge, and the
| specifications thereof, lawyers will be
brought from the Second judicial dis
trict as well as from other districts in
the state to testify to the conduct of
Judge Cowan in specific instances
while engaged in trial of litigation;
in addition, spectators present in the
courtroom, ltigants whose cases were
under trial, jurors and others are ex-
pected to testify.
In conclusion the managers desire
to say that they have not viewed these
proceedings as essentially adversary
| in their nature; it resembles, to their
minds, more an investigation or In
| quiry; it is true there is an accusedg
| defendant, but he is such in name only I
the real basic inquiry is whether or
not this man may be safely continued
in his position, as district judge.
/ This office is not viewed by the
managers as the personal perquisite
of Mr.. Cowan nor is 1t deemed pecul-
iarly within the gift of the electors
of the Second judicial district.
| 1t is state Office; an Office in which
the entire state and all its people are
interested; litigants are forced into
the district court of the Second judicial
district from all over the state and
/ from outside of the state.
/ If it were a matter that concerned
only the people of the Second judicial
district, they might be left to deter
mine the questions themselves, but to
so assert is to entirely misunderstood
/ the nature of the office OF district
Judge and the functions performed by
him.
The honor of the state and all OF its
people is directly and vitality interested
in the purity OF the judiciary and this
interest extends as fully and COM
pletely to the Second judicial district
as to any other district or to the SUI
preme court itself.
| The managers have no personal feel
| ings in this matter; they have merely
attempted to the best of their ability
to faithfully perform a duty imposed
| upon them and due by them to the
state; the articles or impeachment with
the evidence in support thereof, when
/ this trial is ended will be submitted
by them to this senate in the utmost
confidence that justice will be done to
the people and to the state,
Brief Night Session. !.
| Bismarck N. d., March 2s.-The
1 session last night in the senate cham
Der in the impeachment trial of Judge
| Cowan, was exceedingly brief, lasting
not more than twenty minutes. Lieu.
tenant Governor Burdick was not pres
ent and Senator Plain, president pro
/ tenn of the senate, presided.
| A motion was carried which provided
that the number OF journals for the
Impeachment proceedings be increased
from 500 to 700 and that every mem
Der of the lower house be supplied with
one copy. None Of the committees
were ready to report, as their business
was still pending and all those ap
pointed to serve on them were absent.
Nearly all the committees held their
meetings at the Grand Pacific hotel,
where there was considerable discuss
sion over the question Of the number
of employees and the salaries to be-
paid during the trial.
Adjournment was taken until 10
| o'clock this morning.
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