Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1911-05-02
COMPLETES REPORT OF The OPENING ARGUMENTS
CONTINUED from 81

word mu has been held directory believe has always been
held mandatory particularly where the public were interested IN m
matter commanded to be DONE with this matter right
here your the Bruger against Carer ana WIN
read from you this particular matter You remember a
the case of Bruegg against Cartier taken under Amusement on the
18th day 1901 and the court retained the same ana look no
action or rendered until the 18th day OF August
1906 when the said judge said favor of the defendant and
against the plaintiff They discussed section 1885, the section nave
inst read to you which provides compulsory decision within sixty days
after cause submitted sickness unavoidable casualty
excepted that under the facts alleged IN m COIL
nl this case the John Cowan by holding the decision OF
the former action for than tive years lost )u
dcon under that the Judgment entered sad action
void In , he is in does make void judg
ent rendered after days. Then they quote from
Dems from the state OF Washington "a Pac'hc oo
the cmrt saws in speaking But certainly
thought that remedy be found the holding that the Judgment
afterwards To this construction mark the
nou,g here ITO give it this proong evil
was sought to avoid punish whom intended
should be the Judgment when rendered. is to be de-
] void then the ngans who have already
constitutional delay again subjected the additional delays
sary again condition before the court
d m sworn dut This is strong language gentlemen "They
must also nav acng that Were the
delay something within control the gan were caused by his own
CANT cannot control his
for it's they hold further the that: ut be true
h nnt MIGHT have compelled Judge Cowan under
damus obliged apply for such writ
for such writ to compel decision in the
case against Parker "A Pac 62 the court
and the question
improbable the suggestion there contained that an i'm
delay decide within the specified
preliminary question: appellants that the trial Judge
", -. a ,d f for the reason that more than n;netv
had taken the advmen and
reearg had been had ordered the meantime This contention is
upon Sec 20 of Article OF the State Constitution which reads
submitted for his
be decided by him within days from the Submission
provided within said period of days hearing shall
period which he decide shall
submitted such hearing CAS- another
declares all of its provisions mandatory
unless by words they declared otherwise argued that
provision have force effect not held
delay period fixed depr the of jurisdiction
decision however, that such construction Of the
section would De directly uo'ere OF us purpose a" Inc pu
of the provision speedy determination SUBJ
the "The laws delays is modern phrase
the old time wholly unlike of their
Office They inclined between opinions fearful
the lest the other should be deemed the powerful
and delays caused thereby have all times been more or less prevalent
and have always been regarded something mxed evil when viewed
from the standpoint of tgant Of the public furnish
remedy for this that this clause OF the Constitution adopted
thought that Judges who derive their authority from that would
obey its beuests they did not that should be found
obedience indeed have been thought that doednce
would be grounds for impeachment Now gentlemen the
on of false certificates that under Sec $751; believe is
quoted you question John
Cowan is guilty of several different misdemeanors.
for take three, probably
purpose discussing
stating Herewith would impossible
unless allotted take all of the
features of delayed but proposition
which contend for the of the law of the matter judge of the
district has certain duties perform One of the primary duties
that he has perform whole that
the he has OF he
gentlemen, that without regardless of the fact that
1899 within
Of the district holds without decision unreasonable length
time that he failing thing which elected
all he has do is decide and judge of the district
fails decide fails to do the duty that he elected
FORM possible that he is guilty of ofense, and
peachable one tell gentlemen that this
this particular All Of the other mpab and when
down the delayed there is something strikes right
home gentlemen here Cases held all the from
without decision People waiting for decisions urging
decision tied they the audacy and
that Improbable Why,
there law the subject the nature of the office
with the Of deciding them and when fails do that he guilty
of improbable But
decide copes decide and he fails
Sec $780, and when fails do that duty he guilty of midemnor
call of these delayed
call delayed Goldberg
stated explaining his
William Anderson, who the table
Goldberg did
the told the
had large family wife
evidence, think showed that he had sold
help the living and that he had
and he said S the
evidence that effect? Have heard
William Anderson
that
though they had here for the making