Devils Lake inter-ocean. (Devils Lake, N.D.) 1909-1915, 1914-10-23

y
Chief Justice Burleigh F. Spalding
began the practice of law at Fargo in
1850, since which time he has been
closely fdentifi ed with the legislative
and judicial history of the state, and
has been a large factor in the devel-
opment and growth of our political and
judicial institutions.
He served as a member of the con-
stitutional convention of 1889, and
though then a comparatively young
imam his wise and constructive states
manship was felt in the shaping of
those fundamental laws upon which
the success of our free institutions so
largely depend. He served two terms
in congress, and by his indie. 2tigable
attention to the needs and int rests of
his constituents established an envia-
BILE reputation for industry and perse-
verance in. the performance of duties.
Though a Republican, Judge Spald-
ing was appointed to the supreme
court by Democratic governor GHon.
John Burke) in 1907, and in 1908 was
elected by an overwhelming majority
for term which expires this winter
During his incumbency on the bench
Judge Spalding has written" many of
the most important decisions render
| ed by that body, and has indelibly i'm
pressed his personality and progress
sive ideas upon the judicial history of
the state. He believes that courts are
| intended to explain and construe 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 be shackled by
4 Anticipated 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-
rience gained by Judge Spa]ding in
! his past term of service will be VII
liable to the state in the fnt!''n ~ F!
Sboth the members of the bar az "a y
fare urging his retention upon the
bench because OF their confidence and
assurance that in the future, as in the
! past, he will continue to give his best
efforts and all his energies to the
service Of the commonwealth.
His duties as chief justice and act
ling chief Justice for five years, and the
fact that three of his associates came
I upon the supreme bench from the dis
trict bench and were disqualified in a
great. number of cases. compelling
Judge Spalding to examine and pass
upon - many more cases than the
judges referred to, have prevented
him from writing as many opinions
as he would otherwise have written.
! This is only important because mis-
leading newspaper article has been
| given circulation. 1t was intended to
lead the public to believe that the
| chief justice has nothing to do but
write opinions. when in fact other du.
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 construe laws as to pro-
tect the, rights and interests of the
public. One such is given from an
opinion in case brought to test the
power of the railroad commission to
reject bonds furnished by elevators
as security for farmers who make de-
posts of grain. GA n. D. Reports, p.
$50, 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
assembly to prescribe their duties.
That body Tits wisdom has seen fit
40 impose u1on 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
i year with public elevators. and a
! very large part OF the income Of the
farmers of the entire state comes
from public elevator companies or
proprietors in exchange for grain de
4 posted in or sold to such elevators. The
/ legislative assembly has wisely, in my
opinion, made some provision for this
much needed protection, having in
/ view the \: agnitudes of the business
| and its Wit relationship to the vel
fare of the state "a 5sS5s 5s5S n. .s.E
q It was held that the railway com.
mission had the right to disapproye