The evening times. [volume] (Grand Forks, N.D.) 1906-1914, 1911-10-31
SUCCEEDS JUDGE
MORGAN, RESIGNED
New Justice Assurr His
Duties Today and Ss.>e III,
on Bench

Chief Justice David E. Morgan OF
the supreme court of North Dakota
resigned that position this morning and
Dean A. A. Bruce Of the college OF
was appointed by Governor John
Burke to fill the vacancy thus created.
Justice Burleigh Spalding became
chief justice by virtue of the retire.
ment Of Justice Morgan.
Justice Bruce assumed his new du-
ties Immediately. the retiring chicf
Justice performing his last official act
his successor. The new Justice has
been seated on the bench today hear
ing arguments in several cases.
Announcement Of the appointment
Of Dean Bruce to the bench was made
to the classes of the college Of law
this morning by President Frank l..
McVey, who took occasion to express
college head has done for the lniver-
sity in the several years Of his connec-
ton with 1t and to point out the op.
portunities that lay before him as a
member Of the supreme bench.
Justice Morsan's resignation was
brought about by reason of i'll health
and 1t removes a man who has been
the year Of statehood, as he has been
either on the district or supreme
bench continuously since that time.
Today, for the first time in twenty two
years. he was without an office.
Ceremonies Were Common Place
The ceremonies incident to this i'm
portant change in the personnel Of
interesting, yet common place and
having but little appearance Of the i'm
portance that attaches itself to the
change.
When Chief Justice Morgan admin
istered the oath Of office to the newly
appointed Justice. Dean A: A. Bruce.
the latter Immediately took his place
Burleigh F. spalding took the place
of the chief justice. but before doing
so he made a short address in which
he voiced his thorough appreciation
Of the work that Justice Morgan has
done for the commonwealth during the
many years Of his service.
Justice S. e. Ellsworth of James,
town. formerly a member Of the su-
preme bench. also made brief adj
dress in which he paid fitting tribute
to the worth and integrity Of the re-.
signed chief Justice. Judge Ellsworth
happened to be in Bismarck for the
purpose Of arguing q case before the
court.
First Case Commenced =.
These simple ceremonies completed,
the supreme court, with Judge Bruce
as a member. took up the mornings
calendar Of cases and the first action
to be argued before the newly organic
ed court was that Of John D. Cook VS..
the Northern Pacific railroad, an &C.
ton originating in stutsman county.
Case as Surprise -
Tho Arst nj t{oya khot Y,,sxlo~
Bruce had of his contemplated ap-
pointment came Sunday in a telephone
message from Bismarck. When he left
Grand Forks Monday noon he was un-
decided as to what action he would
take, desiring to become better ac-
quainted with the conditions. The ap-
pointment came entirely unsolicited on
his part.
The newly appointed justice will re-
turn to his home in Grand Forks on
Wednesday evening, according to ad-
vices received by Mrs. Bruce this noon.
Justice Bruce's appointment to the
bench will make vacant the position
Of dean Of the college Of law. but
the retiring head of that institution
college during the present school year
SO far as certain features are concern.
ed.
The Resigned Chief Justice
The retired chief justice Of the su-
preme court of North Dakota is q ma
tive Of Ohio, being born near Pomeroy
In Meigs county Of that state. While
yet a child he moved with his parents
to Sauk county, Wis, where his early
years were spent on a farm. His edu-
cation was acquired in the common
schools, in the normal school at Platte.
vile and at the Academy of Wiscon-
sin. His graduation in 1873 was fol-
lowed by special course of one year
at the Wisconsin state university. In
the meantime he taught school for one
year at Ironton. Wis, and also served
as principal of the Chiffon schools for
one year. While serving as clerk of
the circuit court of Sauk county, to
which position he was elected twice,
he studied law with Judges Remington
and Barker Of Baraboo. Wis, resigning
In 1881 after a service Of five years.
He was admitted to practice in 1880
and commenced the practice of law ON
his own behalf at Grand Forks, Da-
kota territory, to which point he went
Nth Hon. A. H. Noyes Of Minneapolis,
MINI, the two forming partnership,
Which existed for one year, when Mr..
Morgan. IN 1888: went to Devils Lake
where he established an Office and,
IN September of the same year. en-
tered into partnership with Judge
GcGee. now Of Minneapolis. Here he
continued practice and was elected
states attorney Of Ramsey county in
1854, being reelected in 1886. In !
1889 he was elected the first district
Judge of that district. which office he |
held until 1900. when he was nomt.
mated and elected to the supreme
bench without opposition and was re-
elected in 1906.
The New Justice
!. Justice Andrew A. Bruce was born
April Is. 1866. in the mountain fort
q Nunda, Drug. in Madras. India, Of
lcotch parents. His father was Gen.
eral Edward Archibald Bruce, of the
British army. His mother. Anne Nc
atester Bruce. was daughter Of Col.
Robert McMaster of the British ar
ny. Both of his parents died when
ee was a child and he came alone to
America when Is years Of age. He
worked his way through college aud
graduated from the University Of Wis
oonsin and the University Of Wiscon-
M law school. He was appointed sec
eetray to the judges of the supreme
lyurt Of Wisconsin in 1890. and two
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