The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1917-07-07
Saturday Evening Letter
By Justice J. E. Robinson

What are the causes of judicial in
efficiency; why do courts waste time
in hearing arguments without decid-
ing cases? When in one week the
judges hear arguments in II or more
cases, why do they not write up and
sign up and dispose of them during
the same or the next week, so as to
average. at least one decision day?
The reason is that in court business,
there is no business system. Hence,
the business is delayed and the work
of the court is doubled. One judge
writes decision and gives copy to
each Of the other judges, who should
examineit and concur or dissent with
in week; but after the lapse of sew
eral weeks when a conference is call
3D. one or more judges have not ex-
amined the case and so it goes over
from week to week or month 10 month.
One cause of it is the absence Of the
judges. They do not seem to realize
that they have sworn to do their duty
faithfully, and that their duty is to
be on time and at their work during
business hours OF every day, just the
same as other hired men who get less
pay.
To one brother Judge l say: What
means it that one Judge is absent to-
day? The answer it: Has he not a
perfect right to be absent? l say:
No, sir; he has no more right than
any other hired man to steal his time
and leave his work undone. The
theft of time is even worse than the
theft of money.
During the month of July we hope
to line up and sign up on all the ap-
peals thus far argued or submitted.
That will leave about so appeals pend
ing, and after an August vacation for
harvesting our crops, we hope TO clear
the slate during the present year. L |,
advise you all to read and commit
to memory and Ito repeat with the
Lords prayer the thirteenth chapter
of the First Epistle of Paul to the
Corinthians. 1t is all on charity. He
writes: Charity suffereth long and is
kind. Though l speak with the ton.
CUES of men andfof angels, and have
not charity, am become as sounding
brass and as tinkling cymbal.
Though I have the gift of prophecy
and understand all mysteries and all
knowledge; and though | have all
faith so that | could remove noun
tains, and have not charity, am moth.
ing. And now abideth three things
faith, hope and charity; but the great.
est Of these is charity.
Here is one Of my late decisions
written in the spirit of justice and
charity:
State vs.. Bennett.
| When a party Offends against the
law he may be punished by the law
and as provided by the law, but not
by destroying his property or dispos-
sessing him Of house or home or
lands.
Robinson, j.: This is an appeal
from judgment or order which is to
the effect that the defendants have
kept in Bismarck bawdy house and
that the sheriff take possession of the
house and keep it securely locked for
one year and destroy all the stoves,
| oCuo, luI ulluIe dul FURNISHING VI Tie
house, amounting to the value of
$4,000 or $4,000. The proceeding was
commenced by warrant or order
signed by the judge directing any
sheriff. constable or policeman to take
possession of the house and to lock
and hold the same with all the per.
sonal property therein
If the judgment is valid, then the
most innocent party in Bismarck may
be charged with the keeping of a
bawdy house and at any moment of
the day or night he may be thrown
out of his house and home and have
it locked up and his property de-
stroyed. Such procedure is un-
known to common sense and common
reason. 1t leads to the destruction
of civil liberty, the burning of Salem
witches and the persecution of those
who do not think as we do.
! In Blackstone we read that a mans
house is his castle wherein he may
defy even the Monarch, but under the