Jamestown weekly alert. [volume] (Jamestown, Stutsman County, D.T. [N.D.]) 1882-1925, 1916-11-30

the three new Supreme Court judges
that their terms of office begin Mon
day, Dec. 4, instead of Jan. | next,
the following letter was given news
paper publication at Bismarck yes
terday:
Charles ]. Fisk,
''Bismarck, N. D.
Dear Judge:
your favor regarding the time
for the next supreme court judges to
qualify and take office duly received,
and submitted to Messrs. Birdzell
and Grace.
You claim that by custom and
statute, the time is the first Monday
in January We claim it is the first
Monday in December, and that it is
controlled by the constitution, which
fixes the latter date.
Walin Served From December.
Custom consists Of only few
single instances. Justice Wallin first
took office for seven years, and then
for six years, and his second term
ended on the first Monday of Decem-
Der, 1902. The first three judges
were elected to succeed themselves,
and the same is true of several other
judges.
"You may know the judge who
was elected in 1906 to fill vacan-
cy caused by the resignation of Judge
Young. He held the office of dis
trict judge and did not care to resign
until January !, 1907, so that Gov
ernor Burke might appoint his sue
| cesSor.
Precedent Noted.
Judge Cochrane was elected as
the successor Of Judge Wallin. They
were bosom friends, and Judge Wal
lin may have served a month on the
term of Judge Cochrane.
when Judges Burke and Goss
were elected, think they were each
on the district bench, and it is pos
sible that they had some business to
detain them. But, Of course, the
fact that a Judge does not choose to
qualify on the day his term of office
commences, does not lengthen out
his term; if it did, then no one would
have any means of knowing by law
the day when the term commences.
! am sure there is no evidence OF
custom that amounts to anything.
What Statute Provides:
1T is true, the statute plainly
states that except as otherwise pro
vided, all state officers shall take OF
flee on the first Monday in January.
But in regard to the supreme court
Judges, we think, the constitution
does otherwise provide. The first
Monday of December, 1889, is the
first milestone. 1t is the starting
point, and it is not far away, and no
judge has ever been elected for six
years and a month; and If | mistake
not, the certificates of election given
to you and to every other Judge,
shows an election for a term OF six
years from the first Monday in De-
cember. 1t would be strange, in
deed, if it were competent for the
legislature to fix any other date, as
of the first Monday of July, August
or September.
Doesn't Require Certificate.
1T is true, as you say, the state
board of canvassers do not meet un-
til Tuesday, the fifth day of Decem-
ber, and until then there can be no
certificate of election. But the certi-
ficate is merely a prima facie evil
dence of the election. And when the
election is known to everyone and is
unuuestionable, and when it is shown
by the official reports of the county
canvassers on file in the office of the
secretary of state, the certificate be-
comes non essential. The judges are
bound to know what is generally
known within their jurisdiction. OF
course, we all want to be duly cour-
teous, and at the same time, we
think, it is our duty to take office and
to serve for six years, and we do
not want to be in the position of con-
tending for a month with our sue
cessors in office. We do not think it
right?
Every respectively yours,
-. e. ROBINSON"
Others Have Qualified.
When Justices Burke and GOss
were elected in 1910, they qualified
the first Monday in December, in or
der to be certain of compliance with
the statutes. They did not begin SER
wing, however, until January, when
they went in with other state officers.
The certificates OF election issued
by the secretary of state advises of
election for a period of six years, dat
ing from the first Monday in Decem-
ber. All certificates issued supreme
court justices in the history Of the
state have been printed in this form,
but in NO case, so far as there is any
record, has a justice entered upon
his duties before January.
Justice-elect Birdzell was expected
to arrive from Grand Forks in Bis
marck Wednesday. If the term Of the
new judges begins Monday, Dec. 4,
there ,is involved a months salary
amounting to $416, and also the