The Fargo forum and daily republican., 1916-12-09

judges here present should not serv
/ In this matter, but my associates pre-
ferred to rest everything on the ques
tion of jurisdiction.
y and my associates were electe'
justice Of the supreme court b.
majorities of $4,000 to $4,000. ou
right to hold office should not be sub
ject to q contest. II had been in thu
place of these ex-judges l would neve
| have served one day after that elec
| tion. But they are infatuated 'witl
office-they hold Cn with a grip lik
death.
Might Give IL Advice.
| II deem it right and proper, gentle
men, that you should consider thi
counsel, and, perhaps, extend sympathy
and condolences to the defeated
candidates.
Have Certificates.
The three justices who now demand
| their seats on the supreme bench have
certificates of election dating from tn,
hrst, Monday in December, 1916. TIL,
certificates Of election Of Judges Goss
Burke and Fisk read to hold Office
from the first Monday in December
1910. IL Judge Goss has allowed some,
one to draw months salary for him
that is his fault. To say that he did
not take office 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
a contest in this matter and chose to
recognize your authority, | would
prove all these facts by the secretary
Of state"
"Picked Their Friends"
After again taunting the retiring
justices with their recent defeat,
fn1fina- Pnhingnn
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 he was
addressing them not as members of
court, but as fellow-citizens. Judge
Pollock, acting as chief justice, insist
ed that Robinson stick to his case, and
the court passed to the next respond
ent.
Grace States Stand.
Justice-elec Grace stated he could
not recognize the Jurisdiction of the
court for the reason that the constitu-
ton provides the district judges called
in should be disinterested and should
be summoned by disinterested parties.
In the present instance, he contended,
none of the justices were disinterested,
and none had any right to compose
court.
Il 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 q case
such as this?" asked acting Chief
Justice Pollock.
Il contend" replied Grace, that the
ested and that, therefore. you are dis
qualified"
All Interested, Lemke.
William Lemke, attorney for the
Justices -elect, on the question of juris-
diction said:
Judges Bruce and Christianson are
just as much interested as the retir-
ing 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"
Retiring Justices Speak.
Retiring Justices Goss, Burke and
Fisk spoke in defense of their claim
that the terms of supreme court jus
tices should begin the first Monday In
January, the same as those Of all other
state officers.
Should Hire Lawyer.
Chief Justice Fisk in discussing
Robinson's contention that the con-
stitution gave the incoming justices
their authority to take Office the first
Monday in December. termed the JUS
tice-elects Interpretation of the con-
stitution ridiculous" and suggested
that Robinson engage a good ATTORNEY
to interpret the constitution for him.
Fisk bore down rather heavily on
some of Robinson's remarks as repre-
senting the views Of the incoming JUS
tices and elected an enjoinder from
Grace to the effect that he felt re
sponsible for only what he had said
himself"
Brother Robinson said Fisk, "as-
sumes the role Of judge and prosecutor,
and insists that we have no day in
court. We are to have no hearing at
all, If he has his way .. 81.
Fools and Crooks. ...
"The ex- judges must regard US as
fools" said Robinson in the course OF
his remarks. .......r
And you are trying to convince
the court that we are crooks" put in
Chief Justice Fisk.
justices File Briefs.
Each OF the retiring justices
acknowledged the jurisdiction of the
provisional court and filed carefully
prepared briefs. Aside from the oral
arguments quoted. the Justices -elect
took no notice of the provisional court
aside from the submitting by William
LemlSe and William LANCER, states at
torney elect, their. attorneys. OF the
following motion:
"At the request Of Judges of the
Supreme Court j. e. Robinson. l.. E.
Rirdzell and r. II. Grace. constituting
a majority of the supreme court OF the
state of North Dakota, William Lang
er and William Lemke appear before
you specially to inform you that you
have no right nor jurisdiction to ap-
pear here as a provisional. de facto
supreme or any other kind of court,
nor as a board of arbitration. and to
assume to hear and adjudicate as to
who shall sit as judges of the supreme
court during the month OF December.
1915.
Interested Judges Barred.
Section 100 OF the constitution
reads as follows: In case a judge of
the supreme court shall be In any
way interested in q cause brought be-
fore said court. the remaining judges
nf said court shall call one Of the dis
trict judges to sit with them on the
hearing OF said cause. You will note
that by this section IL any judge is In