The weekly times-record. (Valley City, N.D.) 1912-1922, 1914-10-22

Chief Justice Burleigh f. Spalding
began the practice of law at Fargo in
1880, since which time he has been
closely identified with the legislative
and judicial history of the state, and
has been 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 comparatively young
man 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 interchangeable
attention to the needs and interests of
his constituents established an envia-
Bile reputation for industry and perse-
verance in the performance of duties.
Though Republican, Judge Spald-
ing was appointed to the supreme
court by Democratic governor (Hon.
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
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-
rience gained by Judge Spalding in
his past term of service will be val
liable to the state in the future, and
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, 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
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 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 Hhe 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
Suo from
opinion in a 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.
$751; 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 it to the legislative
assembly to prescribe their duties.
That body in it's wisdom has seen fit
to impose upon such board supervision
OF tle gram LTlue.
Under existing conditions in this state
Practically ali farmers and many other
residents of the state are compelled
to have dealings some time during the
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-
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 magnitude Of the business
and its vital relationship to the well
fare of the state"
1t was held that the railway COM
mission had the right TO disapprove
such bonds which in it's judgment did
not furnish protection. With such
evidence before the voters it is not
likely that they will care to expert
mont nv voting for change