Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1914-11-24

constitutional limits, and in the sec
ond opinion no classification was
made as to the appropriations which
! came within the terms of the opinion
to be scaled down. No line was
drawn between the appropriations
which were made to mai.Ilin the
three departments Of the state gov
eminent, and the other appropriations
which were to be scaled down, and
! some of the state officials desired
more specific information on that sub
iect. ! think it is incorrect to state
as has been done in some papers ana
by many people chat this court had a
Joint session with the board OF equal
~ixation. This court does not hold
joint sessions with any board, but We
held a session for the purpose OF per
hitting the counsel and the members
OF the board OF equalization 10 per-
suade us that we ought to go mo a
specific designation Of the funds that
were to be scaled down as distinguish
ed from those that We're not to be.
We declined to amend our decision SO
as to make specific designation OF
these different funds, but in the
course OF the argument the court
went over the different funds or APP
| preparations and gave some intima-
ton as to the opinions Of the mem.
bers personally as to which were and
| which We're not within the different
classes of appriations, and the mat
ter was pending until two or three
days ago. | do not recall the exact
date when it. was finally announced
that we would not announce in any
opinion the different classifications
of departments or appropriations.
Three Departments.
Now so much for the facts and the
knowledge of the court regarding the
matter in controversy. Our state gov
arnment is divided into three depart
ments. 1t matters not what laws the
legislature Or the people enact; it
matters not how dutiful and how
faithful the administrative officials Of
the state may be in their attempt 10
administer and execute those laws il
the courts, which are liable at any
moment to be called upon to construe
and apply any one or all Of these
laws, are to be held up to ridicule and
to the contempt Of every person who
is interested in any subject, or liable
to be interested in any subject before
the court, the efficiency Of the court
is very greatly impaired, and half its
value, more than half its value is lost
to the people who have buiness or
litigation before the court, or. who
may be liable to have litigation be-
fore the court.
Prime Necessities.
'One of the prime necessities Is
not only that the court should be com
posed of men of ability and integrity,
but that people who have business in
the court, Or are liable to have bus
mess in the court, Should believe that
the courts are composed Of such men.
Without such belief no matter what
the decisi IN of the cour may be, half
the value Of the decision is lost, and
to that end it is highly essential, il
is highly imperative that when the
courts are criticized, and their deci-
sions criticized, such criticism should
be based upon the truth and facts.
1t is true that different people may
draw different conclusions, but they
cannot find different facts when the
facts are the same in each instance.
Perfectly at Liberty.
People are perfectly at liberty, and
newspapers are at perfect liberty to.
criticize action Of the courts in a fair
manner and from an intelligent view
point and standpoint, but there is q
line to be drawn between intelligent
and fair criticism and unlntelligent
and biased destructive criticism bas.
ed UP untruths and facts which are
untrue, misrepresenting the court and
it's action. It is not contempt to do
SO to the individual members of the
court, it is not the personnel of the
court that is the subject of contempt,
it is the official body, one of the three
coordinate branches of the govern
ment of the state Of MIN Dakota,
and in many respects the most i'm.
portant branch, that is maligned and
libelled, against which contempt is
committed, when %untruthful and mis-.
leading criticisms are made. 1t is not
that it may hurt the feelings or lesser,
the dignity or self-respect of the in.
dividual members of the court, but
the important thing is that it de.
tracts from the effectiveness of the
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