Devils Lake inter-ocean. (Devils Lake, N.D.) 1909-1915, 1914-10-16

Chief Justice Bu-1eigh F. Spaldsng
, began the practice Of law at Fargo in
1854 since which time he has been
closely identified with the legislative
and judicial histor. OF the state, and
has been large factor in the deFeE- |
cpnsens and growth Of our political and
judicial Institutions
He served as a member OF the con-
stitGsionai convention OF 1889. and
: though then a compa rativeiy Young
. iGan his wise and constructive states
manship @aS felt in the shaping of
those funda mental las upon which ;
the success OF ogr f5ee institutions 30
largely depend He s=rve&! two ts1rg.ts
in congress, and b: MS inde -2tiga bic
attention 20 the needs and interests o. ]
his constituents e@z' atlished al enx!a- !
: bic reputation for Industry ana peEss- ]
EeTa2ce il the performance Of duties. Z
Though Republican. Judge Spagd-
ing vas appointed to the supreme
court by a Democratic governor Zion !
John Burke in 1857. and in 1903 was
, elected By ar overwhelming majority
for term with expires this wiDteT- :
During MS iasln4bsnry on the bench
Judge SpaJding has written :rzay OF
the most important decisions render
ed 6y tina: body, and has inde!ibly inl-
pressed his personality and progress
size ideas upon the Judicial history of
thu state He b. !ieyes that courts are
intended TO explain and constTle the
laws but not TO make them; that
while fundamental principles OF right
and Justice established by centuries
Of growth and development are still
the guiding stars By which we strive
to Obtain absolute equality before the :
law, yet he refuses to !se shacFied By
antiquated and outworn theories or
rules of conduct, and insists upon con.
STRUNG the laws of our state accord
ing to the modern spirit OF progress ::
The state has always need for the
services of seasoned and experienced :
interpreters of the law. and the expe-
risnce gained by Judge SpaIding in .
his past term of service will be val
liable to the state in the future ami ;
both the members Of the bar and laity
are urging his retention upon the
bench because of their confidence and
assurance that in the future as in the ;
past, hs will continue to give his best ;
efforts and all his energies to the
service of the commonwealth. !;
His dnties as chic: justice and act.
ing chief justice for five years and the !
fact that three Of his associates came ;
Upon the supreme bench from the dis.
trict bench and were disqualified in a ;
great numher Of cases compeIlin. :
Judge Spalding to examine and pass ,
upon many more cases than the !
judges referred to, have prevented j;
him from writing as many opinions .
as he would otherwise have written /
This is only important because q mis-
: leading newspaper article has been
given circulation 1t was intended to
lead the public TO believe that th.
chief j'lsiire has nothing to do bit
write opinions. when in fact other d.
ties and the conditions existing have
rendered the writing OF opinions but
small part of the official work he
has performed Quotations could be
made from many OF his opinions
showing his breadth Of mind and his
desire to so consrrue laws as to pro J
tact the rights and interests OF the
public. One such is given from an
opinion in a case brought to test the
power of the railroad commission TO
reiert bonds furnished bv elevators
as security for farmers who make de- I
posts OF grain t24 " d. Reports, p.
sS.j He said in part:
NO department OF the state govern
ment is more intimately related TO
the people and their security in deal
ing with corporations than is the
board of railroad commissioners The
constitution of the state creates this
board. but leaves ii to the legislative
assembly to prescribe their duties
That body sits wisdom has seen fit
to impose on such board supervision
! of the grain trade
Under existing conditions in this state
practically all farmers and many other
residents Of the state are compelled
! TO have dealings some time during the
scdi Will SFCSdlI =, dUJ a
! very large part Of the income Of the
| farmers of the entire state comes
from public elevator companies or
pr,prietors in exchange for grain de
posted in or sold to such elevators. The
legislative assembly has wisely. in my,
! opinion. ma lie some provision for this ,
much needed protection. having in
view the magnitude OF the. business
and its Wit; ! relationship to. the vel
fare OF the STATE
1t was held that the railway com,
mission had the right to disapprovc
such bonds which In it's judgment die
not fUrnis protection. With suri
evidence before the voters it is MOI
likely that hey will care to sxper,
u,ent by voting far. q. ehanse.