Devils Lake weekly world. (Devils Lake, N.D.) 1911-1914, 1912-09-27
THE FACTS.


wills Lake and Ramsey county general
" might know the truth, and all the
truth regarding the case of DUEL vs..
Wehe, and in order, also, that At
torney F. T. Cuthbert might be set
right in the matter and his position
made clear, we have asked him for
a brief review Of the whole case, and
such review is reproduced herewith:
You ask me what the facts are in
reference to the article Appearing in
the Journal last Friday evening in re-
Duell VS.. Wehe. In the first place I
do not care to go into a discussion as
to who is the "Gang' in Devils Lake.
or if there is one, only to say I per-
sonally do not think it necessary to
become a BLACKBOARD ad heap Bill
ingsgate upon every citizen who diff
fers with me on religion politics or
social affairs.
Now, as to what occurred. In the
"Dewar" case Mr.. Wehe not only
attempted to, but did, intrude into
and usurp the functions of the office
Of States Attorney, and contrary to
law, that is when Mr.. Duell brought
the action which was pending before
Judge Burr, I repeatedly agreed with
Mr.. Wehe 10 try it any time We could
get the ear Of the Court; last Satur-
day Mr.. Wehe stopped me on the
street and asked me when we could
try the case. I replied I was going
10 Rugby Monday to TT case, and
would try it there. Mr.. Wehe then
said "What is the use of trying it.
I am done with the matter and am
not going to interfere any more" to
which I replied $50 far as I am con-
serned, if that is true I do not care
to go farther. Mr.. Wehe said "Why
not dismiss it - to which I replied
81 will consult Judge Duell first, and
you call me up tomorrow I CON
suited Judge Duell Saturday, evening
and he hesitated at first, then said SC
long as Mr.. Wehe was going to KEEP
out he would consent to its being dis
missed without costs to either party
Sunday noon when I went to my Of
fee I found Mr.. Wehe there talking
with Mr.. Smythe. The subject wa.
brought up and Mr. Wehe again made
the same statements Regarding the
case in the presence of Mr.. Smythe.
said "All right, dr. W up the stipula
tion.' He did, brought it to the Of
fee and it was mailed to me at Rug,
by. I signed it and in due time
Judge Burr dismissed the action on
the stipulation, so you see if this
ease was dismissed by "Gang'
Mr.. Wehe, Judge Burr and constit
tie the latest "Gang" in politics.
I feel that this article does Mr.
Wehe a gross injustice inasmuch as
it cannot be presumed that any at
torney would be low enough to give
his word to another that the reason
Tor litigation was ended and thereby
get a stipulation to dismiss and ther
claim that the other attorney dismis.
sed the case. Again the Journa
does Mr.. Wehe great injustice
wherein it says: $50, it appears that
until another restraining order is is.
sued Attorney Wehe will be allowed
to represent Mr. Smith, Had the
Journal taken trouble to interview
Mr.. Wehe there is no question but
Mr.. Wehe would have told this EN-
lnently fair newspaper that his WORD
was out that he would not have apy
thing to do further with the case
and that that was how he got thu
stipulation. Mr.. Wehe would M
doubt have also informed the enthu
slastic Journalist that amongst pro.
fesslonal men to go back on one,
word in law suit is regarded as {
real act OF outlawry" that no dc
cent lawyer ever thinks Of doing,
Again the Journal does Mr.. Web,
a gross injustice as Mr.. Wehe as ;
lawyer is under oath, and it is hi
duty to support the constitution an,
laws of the State of North Dakot
Under our law he cannot appeal il
the capacity of prosecuting attorne
in any case in which the state is
party. Subdivision 9, Section 2494 i
as follows:
1T is the intention of this art
Gle to make the attorney general, hi
assistants, and the state IS attorney tn
only public prosecutors in all cases
civil and criminal, wherein the state
or county, is party to the actor
and that they only shall be authoriz
ed and empowered to perform tn
duties herein set forth, except as here
matter provide. The attorny gnera
or his assistants ar authorized to i,
stitute and prosecute any cases i
which the state is party wheneve
In their judgment it would be to tn
best interests of the state so to d,
and in case the states attorney of an
county refuses or negiects to perfor,
any Of the duties precsribd in sui
divisions 2 and of this section, afte
it has been properly brought to hi