Jamestown weekly alert. [volume] (Jamestown, Stutsman County, D.T. [N.D.]) 1882-1925, 1916-12-07
SUPREME COURT
CONTROVERSY
Regarding Time New Judges
Take Seats.

The three retiring justices of the
supreme court, Messrs. Fisk, Burke
and Goss, strenulously object to re-
firing from the bench until January
1, when they claim their terms Of
office expire. Saturday there was
action taken in the matter. The su-
preme court called in three district
judges to sit temporarily with the
two holdover justices, and with a
supreme court thus composed issued
a writ against the three justices re-
Gently elected, calling upon the new
justices to appear before the supreme
court at 2 o'clock next Thursday af-
ternoon to show cause why they
(the new justices) should be allow
ed to take their seats the first Mon
day in December.
Claim Title to Office Monday.
The justices-elect have been con-
tending that, under the constitution,
they are entitled to Office the first
Monday in December. The present
judges contend they have a right to
their seats till the first Monday in
January, under a custom heretofore
observed but which the new justices
deny is binding.
Under the action of the improvised
supreme court, which issued the
writ; the final determination of the
controversy is to be left to five dis
trict judges, of whom three will be
the district judges called in yester-
day, the other two to be chosen lat
er.
The judges called into the case
yesterday by the supreme court are
Judge Pollock of Fargo, Judge Han
ley of Mandan and Judge Nuessle of
Bismarck.
Justice-elect Robinson and Grace
arrived in Bismarck Sunday night
and filed their oaths of Office with
the Secretary of State Monday. JUS
tice-elect Birdzell also sent his oath
of office but did not appear person
allv. December S the newly elected,
judges expected to get their certifi-
Gates of election and on presentation
of the same to the provisional su-
preme court declared that they
would take their oaths Of office and
begin the term. Justice Robinson is
quoted as saying:
"No court has any jurisdiction in
this matter above that vested by the
constitution. We are proceeding un-
der the constitution, and we expect
the judges to have enough good
sense and dignity not to attempt to
overrule the constitution.
1t is also understood that the
new justices-elect do not want to
appear as over anxious to take pos
session of their new office, but claim
ing that their terms of office begin
December 4, declare that they should
not allow any lapse of time to inter-
vene and that they should qualify at
this time in order to make sure OF
the legality of any decisions and any
actions that may be taken by them
later. The order of the provisional
supreme court for the new justices
to show Dec. 7, which of the three
sets of judges are legally entitled to
sit and act as members of the court
in December, was issued by the pro-
visional supreme court at the re-
quest of Attorney General Linde.
Justices Fisk, Goss and Burke did
not participate in the issuance OF
the order, and Justices Bruce and
Christensen, considering themselves
disqualified, were excused, the order
being issued by the district judges
called in as above stated.
It is rumored in Bismarck that II
the judges-elect are not given their
seats they will wait until January 1,
and throw aside all decisions handed
down by the present justices between
now and January 1.
A dispatch from Bismarck to a
Fargo paper last night said:
This evening, in discussing one OBJ
lection to the immediate accession
of new members, that some SO cases
now on calendar and which already
have been argued would need to be
reargued, Robinson said:
1T would be an exceptional case
in which this would be true. There
would still be two members on the
bench who had heard the original ar
gument and the new members could
be expected to rely on their judg-
ment for points covered in the argu-
ment but not in the briefs. AS
matter of fact, if the court had. as
retiring members claimed in their
campaign, kept up with its work.
this question could not arise.
Will Speed Up Work.
Zone reform hope to see fnstt-
tuted Immediately is the elimina-
ton Of this unnecessary delay In
court procedure. The duties of the
court are not onerous! would un-
dertake myself to do all the work
that is required of the supreme