Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1914-11-20
AN ATTACK
ON SUP RENE
COURT MADE

REARING TOMORROW
A. NJ. Baker and George l.. Nelson
business manager and editor, respec
lively, Of the Cooperative Herald
published in Fargo, were yesterday
arrested on an order from the su.
preme court of North Dakota, on the
J. charge OF contempt. The charge is
based on an article, signed by George
j.. Nelson, which appeared in the is
sue of November 13 of the Co-Opara.
tive Herald.
The arrest was made in Fargo by
Sheriff Frank Barnes of this county,
who is also marshal for the court.
The sheriff will bring the. defendants
before the supreme court in this city
tomorrow morning at ten o'clock.
The information was filed with the
court by Attorney General Miller who
moved that order be. issued directing
the marshal to arrest them and bring
them before the court, to be punished.
The order for an attachment was
made and Sheriff Barnes left Bis
marck Wednesday night and taking
the men into custody yesterday. The
men are now in, the custody of the
sheriff without bail, it is understood,
as no other except the supreme court
has jurisdiction in the matter.
Ask Postponement.
Nelson's attorney phoned to Bis
lnarck yesterday afternoon asking
that the hearing be postponed until
Saturday morning, stating that for
good and sufficient reasons Nelson
would be unable to leave Fargo yes
terday. TIC court granted this post
{ponement of one day.
The Article Written.
The article which was objected to by
Attorney General Miller and which is
the basis of this case, was headed
llke this:
The "Foxy Boss" and Henchman Pull
9 OF Lovely Frame.Up Stunt and
NJ BamboozIe Voters"
The authors name, George L. Mel.
son, heads the article. which was in
part as follows: "
ut has been persistently whispered
that the supreme court hearing and
opinion on the tax levy case was pure
ly a frameup to appease the state ed
1ca ational institutions of the state and
ward off q real hearing on the merits
Of the case until after election. We
heard this rumor but could not be-
Heve that the highest tribunal of the
state could be inveigled into a con-
.spiracy OF such a character We feel
at perfect liberty to say that at no
time had we a very exalted opinion of
the personnel of that body but we
could not bring olrself to believe that
it's members would besmirch their
high office by resorting to the tricks
of ordinary machine politics, and
dirty politics at that, in order to help
save the political scalp of the 'Foxy
Boss"
Apparently the whole reactionary
'bunch-gOvernOr, attorney general,
auditor, deputy auditor, treasurer, ct
al, not forgetting the members of the
board of equalization and supreme
bench were in the plot to hold a fake
hearing before election and appease
the heads of the educational institu-
tions with a favorable opinion in or.
der to hold them in line, with the Sc
cret understanding that the board Of
equalization would demand a rehear-
ing after election and that it would
he granted and the ways all creased
for the supreme court to be able to
gracefully reverse itself and knock
the educational institutions out.
1t is a fOregOne conclusion that
the supreme court will reverse itself,
in fact 1t may have done so before
this issue reaches our readers
MlIler,s Motion.
This is from the motion of Attor-
ney General Miller:
Meaning thereby that the Supreme
Court Of the State of North Dakota
and the justices thereof felonously
entered into an unlawful and nefar-
ious conspiracy with l.. B. Hanna,
Governor Of the State of North Da-
kota Andrew Miller, Attorney Cen
eral; Gunder Olson, State Treasurer;
Carl O. Jorgenson, State Auditor, and
w. c. Gilbreath, Commissioners of Ag.
riculture and Labor, as the State
Board Of Equalization of said state,
with the intent and for the purpose
then and theae and prior to the gen.
eral election to be held on the 3rd
day Of November, A. D. 1914, to hold
and have false trial in said cause
and to render a false decision there.
in prior to said general election in
which, contrary to the law, the con-
tention Of the plaintiff in said action
should be sustained, said false de
cision being for the purpose of ap-
peasing and satisfying the plaintiff
and the heads Of certain educational
lC0ntinued on Page Tw0)