Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1911-10-31
Justice Spa|ding Elevated to
Position as Chief Justice
Of State
History Made Rapidly in this
State, Changes Being
in One Hour

History was rapidly made fol
North Dakota at the state capitol
this morning within one hour. Chie1
Justice Morgan of the state supreme
court submitted mis- resignation to
Governor Burke, the same was &C
cepted. and the governor immediate
ly appointed Dean A. A. Bruce of the
state university of Grand Forks as
his successor. Mr. Bruce was sworn
in and assumed his duties. Judge
Spalding of Fargo, by reason of his
seniority on the bench, became chief
justice and moved into the chamber
vacated by Mr., Morgan.
While it has been known for some
time that Justice Morgan had uider
consideration a retirement from the
bench on account of ill health, his
resignation this morning was wholly
unexpected and came as a great sur
prise. Even the members of the su-
preme court dIsclaimed knowledge
of Justice Morgan's action and Clerk
Hoskins was equally in the dark.
There must have been some under
standing between the parties directly
involved for Dean Bruce was here
and within a few moments after Pri.
vate Stenographer Osa:h placed the
resignation in the governors hands
he busted himself making out the GER
tificate Of appointment.
At Just 10 o'clock Governor Burke.
accompanied by number OF state
officers and employees, mounted the
stairs leading to the supreme court
chamber with the certificate in his
hand, and on entering the law library
met Mr.. Bruce and handed him me
document. Then all entered the cham
ber of the chief justice, where Mr..
Morgan was seated. The other men,
bers of the supreme court were sum-
including Judge Pollock, who
is here to sit with the court in num-
ber of cases, and Justice Morgan arose
and amid a deep hush administered
the oath of office to his successor on
the bench After the impressive
ceremony the jurist extended his
hand and was the first to congratulate
the new Judge. Governor Burke next
greetings and was followed
by the associate judges and others
present. Calling Judge Spalding to-
him, Ex-Justice Morgan said in voice
which trembled a little with emotion:
Il suppose you will occupy this cham
ber," vacating the chair he had Occur
pied so many years. The new chief
Justice indicated that he would and
the old officer gave way to the new,
All the members of the supreme
bench who have been so pleasantly !
associated with Justice Morgan came
'orward and shook him by the hand. ;
Judges Fisk, Burke and Goss paid :
heir respects to the retiring member
who leaves the bench after % years
aithful service. |!
Justice Morgan has been in ill i
health for several years and he felt
hat to continue longer in the har-
less might jeopardize his life.
D. E. Morgan, the retiring chief JUS
ice, was born in Pomeroy, Meigs
county, Ohio, and was educated in
he common schools of Wisconsin and
It the academy and normal school at
'latteville in the Badger state.
He served as clerk of the circuit
ourt in Sauk county, Wisconsin,
tudied law and was admitted to the
}. in 1880. He practiced in Grand
orks and Devils Lake and was
lected Judge of the district court in
8S9, after serving two years as dis
rict attorney. In 1900 he was elected
0 the supreme bench and has served
continuously since. In all his judicial
areer he has never had opposition at
he polls.
B. F. Spaulding. who succeeds Mr.
1organ as chief justice. was born in
he state of Vermont in 1853 JUS
&c Spaulding came to North Dakota,
,cating at Fargo. where he practiced
Nv Mr.. Spaulding has served in
ongress and held number of state
ffices. He was appointed to the
lpreme bench to succeed Judge En-
erud, resigned. and was later elected i
, the office.
Andrew A. Bruce, the new supreme I
ourt member, has an interesting his
'ry.
Mastery of the law in all of it's in t
icate details to the degree of being
llled from among his fellows to be (
I expounder and teacher of it's theo- t
es and practice is the loftiest alti-t t
de to be attained in the domain Of a
gher education. It's an acknowl-, c
lgement to the man on whom the u
antle is bestowed that he stands pre- F
ninent among the brightest intel c
cts in the profession; that he has D
(Confinued an n2oe a a