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

that public offense has been commit
ed or that civil suit in which the
state is party, should be institut
ed and the fact of such refusal OF
neglect to perform such duty, and
that the action is one that should BIZ
prosecuted, has been brought before
the judge of the district court in the
judicial district having jurisdiction OF
such action, by affidavit or otherwise
and said judge is satisfied that such
action should be prosecuted, and that
said States attorney has failed or
neglected to perform his duty, then
in that case, he shall request the at
torny general or an assistant attor.
ney general to take charge of such
prosecution, or he shall appoint, by
an order to be entered upon the min
utes of the court, some suitable per.
son, an attorney at law, and the per
son so appointed shall thereupon be
vested with all the powers of such
states attorney for that action, but
for no other purpose"
Inasmuch as the statute expressly
prohibits any attorney excepting The
states attorney, his assistant, attor.
ney general or his assistant or one
appointed as provided by law from
acting as a public prosecutor in all
cases civil or criminal wherein the
state or county is a party to the ac-
ton, it is an insult to Mr.. Wehe to
assume that he would violate his oath
of Office and his duty as an attorney
and his duty as citizen and conse-
quently become an "outlaw.' I have
not forgotten that attorneys are Ii
able to over look statute or con-
trolling decision and it is only fair
and charitable to presume that Mr..
Wehe did not have this statute in
mind at the time he commenced the
prosecution Of the action, but mas
much as his attention was frequent
ly called to the statute during the
proceedings in the "Dewar' case No
does know of it now, and it is emin-
emily unfair to charge him with hav.
ing no regard for his oath of Office
or his duty as an attnr,cy or citi-
zen.
J. cannot tell whether the article
Va: intended for slam at Mr.. W.he
or myself or both of us, or whether it
was just written to get something yell
low and sensational to keep up the
reputation of the paper.
I have already pointed out where it
reflects on Mr.. Wehe. I the early
part of the article it would seem it is
intended as criticism Of me, where.
in it says: getty Attorney F. T.
Cuthbert, who is retained by more
law breakers than any other attorney
in the county, etc. 1t needs little
comment to show the nature of the
mind that would max such a reckless
statement. In the first place, no one
connected with the Journal, nor anyone
else outside Of my Office, knows any
thing about who my clients are; nei-
Their do they know anything about who
the clients are of the other lawyers in
the county, assuming that all attor
nys do, which I think they do, keep
inviolate the secrets of their clients
as prescribed by law; so assuming
that do have some law breakers as
clients there is no way of comparing
whether the list is larger or smaller
than the list of law breakers who are
clients of other attorneys. I do not
pretend that all my clients are an
gels, and having a reasonably large
practice probably some of them have
at times in their lieves violated the
laws of the country. Of this I know
nothing. Z always presume a man
innocent until he is proven guilty
or until facts are conveyed to me SC
that I know him to be guilty.
Second, the article is couched in the
language of a coward, who dare not
make direct charges but hides be-
hind generalities under which he can
not be prosecuted for criminal or ell
vii liable. If the Journal were fair il
would name the men who are clients
OF mine and who are lawbreakers. ]
respectfully ask in all fairness that
the Journal do this and publish the
list in its paper.
Third. am quite willing to com
pare my clientele with that of any
other practicing attorney in North Da
kota. I say this as the reflection il
upon MY clients and not upo me. IA ar
attorney I am under obligations to de
lend the cause of criminals and see
that they have fair trial; in FACT
I may be compelled under the law tt
do SO as an officer of the court. ]
cannot, of course, mention any name.
but my clients generally are reprcs
entative farmers, various county
boards, school boards, township board
and merchtnts and bankers doing bust
ness in North Dakota.
| Fourth. If it is meant to charg
that l make speciality of crimina