The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1916-12-08
ROBINSON CALLS
SUPREME: COURT
PICKED TRIBUNAL
Justice Elect Derides and Defies
Provisional Body in Long
~ Trade
FOOL" AND CROOK"
TERMS EXCHANGED
Dignity Thrown to Winds in
Heated Discussion-De.
cision Deferred

Denunciation defiance, derision and
disdain were rained on the heads Of
District Judges Pollock, Nuessle,
Crawford and Leighton, sitting as the
supreme court of North Dakota, and
retiring Justices Fisk, Burke and Goss
for the space of an hour yesterday af-
ternoon by Justice.elect Robinson.
The scene enacted in the house
chamber at the capitol in the presence
of hundred or more spectators, was
one probably without parallel in the
history of civilized government. The
spectacle was that of three supreme
courts on trial; of a supposedly con.
stitutionally composed chief tribunal
set at defiance and bridled by citizens
who had appeared at the. bar in re-
sponse to the orders Of this court.
Court Can do Nothing.
"The present court can do nothing
that will not be subject; to review by
the three justices who have organized
as the supreme court" declared JUS
tice.elect Robinson, after denying any
jurisdiction upon the part of the pro-
viisonal court. n..
"As the supreme court Of this state
we have jurisdiction over all inferior
courts. We have warned you-if you
insist on doing what you propose to
do, let the peril be on your heads. Z
Judges Disqualified.
II had thought Of filing affidavits
showing why two or more of the judg-
es here present should not serve in
this matter, but my associates prefer
red to rest everything on the question
of jurisdiction.
II and my associates were elected
justice Of the supreme court by major
tiles Of $4,000 to $4,000. Our right to
hold office should not be subject to a
contest. II 1 had been in the place Of
these ex.judges / would never have
SERVED one day after that election, But
they are infatuated with Office they
hold on with grip like death.
Might Give Advice.
II deem it right and proper gentle
men, that you should consider this
case to the extent Of giving advice and
counsel, and, perhaps, extend SYM
pathy and condolences to the defeated
candidates. ..1 .l
Have Certificates. ..@
'The three justices who now de-
mand their seats on the supreme
bench have certificates of election dat
ing from the first Monday in Decem-
Der, 1916. The certificates of election
of Judges Goss, Burke and Fisk read
to hold office from the first Monday in
December, 1910. II Judge Goss has
allowed someone else to draw a
months salary for him, that Is his
fault. To say that he did not take Of
fee the first Monday in December,
1910, because the secretary of state
or someone else told him not to Is a
silly plea. If l were to go into con.
test in this matter and chose to recog.
nize your authority, would prove all
these facts by the secreary of state" F"
"Pieked Their Friends"
After again haunting the retiring jus.
tices with their recent defeat, Justice.
elect Robinson proceeded:
"They have called on and picked
you, gentlemen, as the most likely
men to decide the case in favor of the
|ex-judges: They have called you to de-
eide in their favor, as the special
friends of the three Judges
Leighton Takes Exception. \
Here Judge Leighton of Minot took
strenuous exceptions to the manner in
which Robinson was addressing the
court. The latter replied that they were
there not as members of court but
as fellow-citizens. Judge Pollock, act
ing as chief justice, insisted that Rob-
insOn stick to his case, and the court
passed to the next respondent.
Grace States stand.
Justice-elect Grace stated he could
not recognize the jurisdiction of the
court for the resaon that the constitu-
'tion provides the district judges called
in should be disinterested and should
be summoned by disinherited parties.
In the present instance, he contended,
none of the justices were disinterest-
ed, and none had any right to compose
a court.
II truly believe" concluded Grace,
that you are without jurisdiction and
that any settlement of this question
by you will not be a final settlement
but must recur again and again.
"Do you contend that no tribunal is
provided by the constitution for a case
such as this?" asked acting Chief JUS.
tice Pollock
II contend" replied Grace, 'that the
Justices who called you in we're inter-
ested and that, therefore, you are dis
qualified" q
All interested.
William Lemke, attorney for the JUS
tices-elect, on the question of jurisdic-
ton said:
Judges Bruce and Christianson are
just as much interested as the retiring
judges. Whatever may be done by
any judges purporting to represent the
supreme court from this time on will
not necessarily tend to have any
weight with the incoming justices"