The Bowbells tribune. [volume] (Bowbells, Ward Co., N.D.) 1899-1969, 1916-12-08
new JUDGES W|LL..
|C'A0R OLD COURT

faces the possibility of having two
alleged supreme: courts, one of which
will be constitutional, the other
one not, as result of the efforts OF
the three new members of that body
who were elected at the November
election, taking oath of Office yester-.
day, and the three outgoing mem.
bers of the members Of the court
Chief Justice C. J. Fisk and Asso-
ciate Justices Goss and Burke re-
fusing to yield up their positions.
The gist Of the controversy is wheth-
er or not the newly elected judges
assume Office under the law on the
first Monday in December or the
first Monday in January, next fol-
lowing their election,
The three judges elected at the
last election yesterday took oath of
office and claim they are the consti-
tutional members of the court. Last
Saturday Judge Bruce, who by SEN
iority Of service becomes chief JUS
tfce, and Associate Justice Christ
ianson called in District Judges Il.
M. Pollock of Fargs, J. M. Hanley
Of Mandan and w. l.. Nussle of BIS
marck, who assumed the powers of
supreme court judges in the retire.
ment of the three judges OF that
court who are contesting the right
of the three newly elected judges
to assume office at this time. and
the supreme court as thus constr.
tuted, issued preemptory writ dir
ected to the three new judges for
them to appear before the court as
thus constituted and show cause
why they should assume their, dut-
les at this time. The writ was is
sued on the relation of H. j. Linde.
attorney general, of the state, and is
returnable on next Thursday.
While nothing has been done pos
ittvely in the matter 1t is understood
that the three new judges will ig-
more and disregard the writ issued
against them. and that as they cOn-
stitute majority of the court, they
Will hold the improvised court with
the two hold over judges and the
three district judges unconstitution-
al and it's acts in this parti,ula in
stance void II this action is taken
and the supreme court as improvis-
ed by the sitting of the three district
judges holds that 1t is the consti.u-
tional court of last resort in the
state, there will be two supreme
courts each claiming to be the con-
stitutional one 1t will then re-
main to be seen which of the two
tribunals &will be able to enforce i.s:|
mandates.
The new judges will refuse, it IS
said, to recognize any court except
themselves. They will probably
notify the state auditor that the
payment Of the salaries of the old
Judges will be unconstitutional, apd
IS they will constitute majority Of
the court, this e.. notice would be
equivalent to holding the state audi
tor personally respons BILE for tine
amount of money paid out.
It is surmised that the real test.
of power will come when the new
court attempts to occupy the cham
bers of the supreme court and TO
direct the officers of the court to
perform such acts as devo1ve upon
them. Should the clerk decline to
act as such for the new court, he
would p1 1obably be held in contempt
and punished accordingly. or else a.
new clerk would be appointed The
same is true of the other officers.
There does not seem to be any
tribunal clothed with authority 10
determine the rights of the conten.l-
ing parties except themselves. Is