The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1916-12-07
NORTH DAKOTA
HAS TWO TOO
Many COURTS
Three Tribunals Exist for State
Today-Each With Some Leg
. al Authority
PROVISIONAL BENCH TO
DETERMINE CONTROVERSY
Order Issued Last Saturday Was
Returnable at 2 o 0'clock This
Afternoon

Afternoon
Sitting as the supreme court Of
North Dakota, Justices-elect Robinson,
Birdzell and Grace at noon today d.
rected an order to district court men,
bers Of the provisional court assem-
bled for o'clock this afternoon to
determine the present controversy
between justices-elect and retiring
justices, advising them that the sub
scribers, as the supreme court Of
North Dakota, denied the jurisdiction
and refused to recognize the existence
Of the provisional court.
Judges Pollock, Crawford and Leigh
ton we're served at noon, while Judge
Nuessle and Judge Hanley, who COM
plete the provisional panel, we're serv-
ed upon their arrival from the east
and respectively.
The Courts Order.
The order follows:
Whereas, At the last general elec-
tiOn ]. E. Robinson, l.. f. Birdzell and
R. H. Grace were each duly elected
to the Office of Judge of the supreme
court, to hold said Office for six years
from the first Monday of December,
1915, pursuant to the constitution, and
they have duly qualified and organ
lied and entered upon the discharge
of their duties as the supreme court
of the state;
"And whereas, The former judges,
the Honorable Charles j. Fisk, f. T.
Burke and e. B. G0ss, wrongfully
claim the right to hold over after the
termination Of their Office on the first
Monday Of December; ,.
"And whereas, You are invited to
appear and assume to act as court
for,the special purpose of determining
in summary manner their claim OF
right 10 hold Office. sSt Z. 7'F .'a'"'
''The said invitation is made under
Section 100 i0f the constitution, pro-
vidingc that;'m case Judge of the
supreme court Shall be in any way
interested ti1'Sa cause brought before
said court, the remaining judges Of
said court shall call one of the dis.
trict judges to sit with them on the
hearing of said cause It shows that
you are not called to sit with any of
the judges of the supreme court on
the hearing of any cause and that
there is no cause or action pending in
said court against the parties named
as respondents and that in the al
legged cause all the judges holding
Office are interested and that they
have no right in any way to constitute
new supreme court.
Therefore, BY the supreme court
of North Dakota and by the under.
signed, duly elected and qualified and
acting judges, you are advised that
you have no right or jurisdiction to
appear as a court and to assume to
hear and adjudicate said matter, or
to appear as court to consider the
same. A4si }gi ~!
Dated at the capitol in Bismarck,
North Dakota, this 9Th day of Decem.
ber, 1916. sss&}29s a@t-1
by the Supreme Court Of the State
Of North Dakota.
-. E. ROBINSON,
81. f. BTRDZELL,
"R. H. GRACE,
JudgeS or the supreme Court"
Two Courts Too Many.
For the day North Dakota has three
supreme courts, each of (which may
regard itself as the one and properly
constituted tribunal ~
They are:
First Court-Chief Justice C. J.
Fisk and Associate Justices E. T.
Burke, E. B. Goss, A. A. Bruce and A.
Christianson.
Second Court-Chief Justice And.
rev A. Bruce, Associate Justices A.
Christianson, Luther E. Birdzell, J. E.
Robinson and R. H. Grace.
Third Court-Chief Justice Charles
A. Pollock, Associate Justices w. L.
Nuessle, J. NJ. Hanley, w. C. Crawford
and X. E. Leighton.
For the immediate present, the
third named would seem to have
slightly the better of the argument.
1t is recognized, for the once, by the
first court, and it has constitutional
authority for sitting today at the re-
quest of the, first court.
The second court, or the majority
of it, composed of the three justices
elect named at the recent general elec.
tion, claims its rights from the consti
tutional clause which provides that
newly elected members of the su
preme bench shall serve from the first
Monday in December. The trio's elec.
ton certificates, which will be issued
some time today, if the state canvas.
sing board completes its work in
time, will read from the first Mon.
day in December" and whether the
court is seated now or put of until the
first of January, when other justices.
elect have been seated, it will con-
tinue to regard itself as the one and
only legally constituted supreme court
for North Dakota during the month OF
December, 1916.
Provisional Court Sits.
The provisional court consisting OF
the five district juges called in by the
old supreme court convened at 2
o'clock this afternoon, for which hour
it had summoned Chief Jusace Fisk
and Associate Justices Burke and
Continued % Page -Twol