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

dence thereof will be submitted to you,
such as the managers believe, will
convince all that specification one Of
charge one is more than established
and that John f. Cowan has become
so addicted to the use of Intoxicating
liquors that he has not properly full
filled the duties of his Office.
Charge 2. This charge embraces
eighteen specifications and brief ref
erence viii be made thereto with the
evidence sustaining the same.
Generally speaking these specifica-
| tions charge that the defendant at
| different times was found intoxicated
| in public places, in violation of section
1892 r. G. 1905, which, so far as is
here material, reads as follows: Every
person being found intoxicated in any
public place is punishable upon con-
viction by a fine of not more than
/ $25 nor less than IS and be committed
to the county Jail until such fine is
paid"
/ The statute expressly prohibits and
makes criminal the act of appearing
in public place under the influence
of Intoxicating liquor whether the Of
| fender be an official or private citi-
zen; the gist of the crime is the
offense to public morals and decency;
the statute is, perhaps, slight modi-
fication of the common law, but it's
phraseology is plain, clear and explicit;
If, from the evidence two thirds of
this senate is satisfied that at any
time charged in these specifications,
John f. Cowan appeared and was
found intoxicated in a public place,
then he is convicted, not because of
the intoxication but because of the
fact that he has wilfully gratified his
appetites to the extent that is made
criminal by the laws of the state. To
whom may we look for examples in the
observance of our laws if not to the
judiciary?
Charge 3. This charge contains seven
specifications and alleges acts ana
conduct grossly disturbing the public
peace and outraging public decency
and morals; the incidents specified are
based upon the purchase of intoxicat-
ing liquors by Judge Cowan in various
drug stores and blind pigs, which
liquors he with his companions drank
as a beverage upon the premises or
carried away with them for that pur-
pose.
/ believe it is generally held that the
Iprivate individual purchasing liquor to
be drank as beverage is not a princi-
pal or accessory in the crime of selling
the liquor, although he aids and abets
therein, and without him the crime
could not be committed
However this may be, Judge Cowan
was one Of the magistrates of the state
and upon him there were duties de-
volving arising out of the office and
owing by him to the people of the state.
Under section 211 of the constitution,
he took an oath to support that con-
stitution, and the sixth section thereof
following is the So called prohibitory
section under which the sale Of in
toxicating liquors to be used as a
beverage is forbidden.
The purchase of liquors to be used
for the prohibited purpose was clearly
a violation of his oath of office.
Section 979S provides that "the judge
of the district court must call grand
jury when he shall deem the attend
ance of such grand jury necessary for
| the due enforcement of the laws or
the state"
1t is idle to argue that this section
vests an arbitrary power in the Judge;
it will be noted that the mandatory
must" is used; it is not may" The
Judge must" call jury under certain
circumstances.
The section means that whenever the
judge has reason to believe that a
grand jury should be called he must
call it in order that the laws may be
enforced.
Having called the grand jury, under
section 1894, he must charge 1t relative
to violations of the prohibition law,
Charge 4. This charge contains two
specifications and alleges that Judge
Cowan while intoxicated on or about
Dec. /, 1909, in the presence of young
llady. one Edith Mcdonald, at the
dwelling of her father, in Mlnnewau-
kan, uttered indecent words and SEN
licences too foul to be repeated. The
principal witness, Miss Mcdonald, is
absent from the state without procure
iment Of consent of the prosecution. 1t
| is. however believed 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 upon the stand under the
/ specifications.
Charge S. This charge contains one
specification and alleges an assault
upon one Nellie Schulz in the Office
of the clerk of the district court at
Rugby, by Judge Cowan, who did then
and there unlawfully and wrongfully
seize the person of the said Nellie
Schulz and attempted to embrace and
kiss her against her will" Miss Schulz