The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1917-01-17
ROBINSON AND
BRUCE ENGAGE
IN BRIEF TILT
Chief Justice and Associate Elk.
change Compliments in You.
mans Resrgument
JURIsT INSISTS UPON
TRYING CASE ON MERITS
Counsel and Member Of Bench
Disagree on Technical Points
oflPetition

Chief Justice Andrew A. Bruce and
Associate Justice James E. Robinson
indulged in an open exchange OF COM
pliments on the supreme bench this
morning during the hearing Of the
petition of the plaintiffs for re-hear.
ing in the case of Grant S. Youmans
versus Ex-Governor Hanna, Secretary
of State Hall and other members OF
q former state banking board.
Attorney Francis ]. Murphy, for the
defendants, was arguing that the court
had no jurisdiction in the case, mas
much as the remittitur remained in
the Ward county district court, the
jurisdiction going with the remittitur.
Associate Justice Robinson here inter-
posed the assertion that he has in
sisted upon the repossession of aid re"
mittitur, but that the chief justice had
held it was not necessary. In reply
the cl,ief justice suggested that there
must be an end to litigation some
where: that Robinson had wanted the
case recalled without giving counsel
opportunity to be heard, and that his
stand was that the remittitur should
remain in the Ward county district
court until the question Of granting a
rehearing was determined, when. if a
rehearing was granted it could be re-
called. Incidentally he remarked that
DpI, ho nr1i ior1
two petitions for rehearing without
giving counsel an opportunity to be
heard. -"
THAT assertion ia untrue, - cried As
sociate Justice Robinson.
Then other members of the court
stepped in, and hostilities ceased for
tire moment. al. = =
Would TrJsOn Merits.
"You make a mistake in arguing this
case on technicalities,' Judge Robin
son assured FRANCIS J. Murphy, attOr-
ney for the original defendants.
"Your honor" !geplied Mr.. Murphy.
II have made mistakes before and
probably will make them again, and l
pray your permission to make them in
my own way, without advice from your
honor"
There is" continued Murphy,
nothing before the court but the ques-
tion as to whether three members of
the court which denied this rehearing
last December were disqualified"
THAT" said Robinson, "is minor
matter. If this court stands for any
thing at all, it will try the case ON its
merits
Murphy then argued that the court
had no jurisdiction upon which to try
the case upon its merits, as the case
rests in the Ward district court.
This court, your honors, has only
such power as conferred by law. lido
not understand that this court may
take unto itself such special privileges
as it may see fit for special occasions.
do not believe that this court in
tends to hold itself above all law and
unanswerable to any law"
Expresses Opinion.
: Before the opening of the argument
on the petition for rehearing, Asso-
ciate Justice Robinson in b general
terms expressed his opinion of the
case. The chief justice SUGGESTED chat
opinions should not be formed until
arguments had been heard.
Congressman James Manahan of
Minnesota and Arthur LeSuer of the
Kansas Socialist, are representing the
plaintiff, while Miller, Zuger & Tiflot.
son, Linde & Murphy and other attor-
neys have the defendants interests in
hand. Francis Murphy was the only
attorney appearing for the defense in
this mornings argument. The supreme
court room was packed with legisla-
tors, attorneys and capitol employees,
with 4 fair sprinkling Of Bismarck