The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1917-03-24

Saint Paul is first and foremost
among the Bible writer's, and the best
that he has written is on charity. He
writes: Though I have the gift OF
prophecy and understand all mysteries
and all knowledge; and though l have
all faith so that l could remove the
mountains. and have not charity, |
am nothing. Charity sufrereth long
and Is kind, charity envieth not. chart
tv yaunteth not itself, is not pulled
up: does not behave itself unseen
Iy, seeketh rot her own, is not easily
provoked, thinketh not evil. reJoicstn
not in iniquity. but reJoiceth. IN the
truth. Charity never faileth. And
now abideth faith. hope and charity.
These three; but the greatest Of these
is charity. ;
now give you my dissenting opinion.
Some good people have no charity for
a poor blind pig. and some band
wagon judges do give him no show,
but / think it right to give the Devil
his due and to treat the poor pig with
fairness and charity.
A Mans a Man For a That.
The accused. pigger has been con-
victed and sentenced to Imprisonment
for two years under the charge of a
second common nuisance. the selling
of a few forbidden drinks. contrary to
the prohibition law. There is charge
that he committed a second offense,
but there is not even an attempt ito
charge a first offense and l have tried
to make it plain to the mind Of a
school boy that in such g. case there
the commission of a first offense. as
we'll as a second offense.
Under the law and the constitution
no person can be legally prosecuted
for a crime unless on complaint,
information or indictment, stating in
8, legal manner the facts which consti-
tute and show the offense. An informa-
ton for a second offense must show
on it's face the commission of two Of
lenses. am entirely certain that in
this case on the information and on
the record the conviction is void: 1T is
drastic and it is cruel. There is no
record. no evidence, no complaint
showing the commission of a first of
tense. True. 1t is said that eight years
prior to the time Of filing the informa-
tom the accused was convicted of
keeping a common nuisance. but that
is no charge of an offense. and IL 1t
were, 1t shows that the offense was
doubly outlawed. And If they had to
60 back eight years to flnd the selling
of a few forbidden drinks. IL must be
that the accused was not a very bad
pIkEpI. IL AAA0N OC bAEab AlC 0AA AA0o
commit the objectionable sin, but they
say to this court that he is a Niger.
Now in case Of Niger and a pfgger.
our young judges have not yet learn
ed the art of pleading. so when they
err we must say 1t is because they do
not know any better. II is an error
of the head and not of the heart. It
will be different when they are old
er. :
State We. Webb.
Robinson. j.. (dissentinR): This
case arises under the common nuisance
section Of the prohibition statute The
appeal Is from Judgment that the de-
fehdant be imprisoned for two year
in the states prison. The majority
opinion sustains the judgment. which
/ consider manifestly wrong. In writ
ing this dissenting opinion j do solemn
" thank God that my love for right
and Justice is far above any regard
for my office. am in no way depend
ent on the Office and have little re-
gard for It. only so far as Il presents
an opportunity to sustain the right
and to denounce the wrong. This
say, because in writing this opinion /
am sure to give offense to large class
OF jealous and well organized people
who make and unmake Judges. lWho
enters here leaves hope behind.)
In the summer OF 1912. when ! was
3. candidate for the Office OF supreme
court judge. the commander or presi-