The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1917-01-27

In future I purpose to give out each
letter so 1T may appear in the neWspa-
pers of Saturday evening or SUNDAY
morning. The letters will be written
with the utmost simplicity and clear
ness, so as to appeal directly to the
understanding of men and women, boys
and girls.
AS a young man longs to become of
age, so do 1 long to become chief jus
tice. / am a natural pusher and long
to be in a position to push the pusl-
ness 1 would give every judge daily
task and see that he do it timely and
well. would take pleasure in piltng
the work onto Justice Grace. q wish
his name was Beaver) Our Chlef JUS
tice Bruce is an ideal gentleman and
he has an ideal lady-an angel yet
woman, too. He is an easy boss, not
pusher, and he takes to himself the
laboring oar. Thus far in his kindness
he has assigned to me the task of writ
ing decisions only in few simple cas-
es, free from any complications of law
or of fact. AS have nothing big to
write about, of course do not try to
talk like a whale.
In reading my letters you should
know that a civil action is a proceed
ing for the enforcement of right or
the redress or prevention Of wrong.
Every civil action is based upon a
written complaint, which should con-
ciseIy state the facts constituting the
cause of action. The child makes a
good complaint when it says to its
mamma: Brother has taken my can
dy; please make him give it back"
When complaint does not state facts
sufficient to constitute a. cause or &C
ton, the defendant may demur to 1t by
serving a paper claiming that 1t does
not state a cause of action.
/ want to tell you of wine case in
which the complaint alleges that the
plaintiff owns certain property and
that it is wrongfully held and detained
by the sheriff Of Morton county on We
trary to law and under pretended
Judgment of a justice of the peace,
which is to the effect that the wine be
DESTROYED by the sheriff. 10 that com m
court decided against the demurrer,
holding that the complaint is good.
Then the sheriff appeals to the SUI
preme court: When the case comes on
to be heard the five supreme court
Judges sit in their nice easy chairs and
look wise and listen to very learned at
torneys, who argue In favor or eacn
party. We discuss the case with the
and the printed arguments. Then Chief
Justice Bruce takes his pencil and
writes an order thus: Judge Robinson,
please write the decision in this wine
easy" Now here it is: (You will note
that in writing a decision a judge first
states the case so that every boy and
girl may understand 1t, and then he
BlNCS ShC Id" VA ShV SclNS'l
The Wine Case.
Robinson, J.: In this case and in
two similar cases there are ninety-five
plaintiffs who bring suit to recover
from the sheriff ninety-hve barrels of
wine. Though each plaintiff claims his
own barrel, yet, to avoid needless cost,
they have consolidated. To save ex-
pense, the wine was shipped in one
carload from California to Hebron, N.
D., where it was removed from the car
and put in store, each party paying his
share of the expense and freight The
complaint shows the plaintiffs own the
wine and 1t is wrongfully detained by
the sheriff under an assumption that 1t
was shipped into the state in violation
of law and under pretended judgment
of justice of the peace that the same
be destroyed. That each barrel of the
wine is worth SIS.
order overruling a demurrer to such
Complaint and the three cases come
here on appeal by the sheriff.
The case turns on principles which
are simple and fundamental. The writ
ten constitution of the state is the fun
damenta1 law and 1t gives the justice
of the peace no right or jurisdiction to
make an order for the destruction of
order was mere nullity. BY the state
it is provided as follows:
All men have right to acquire, pos
sess and defend property ana to pursue
ana OUbal1 ShLSby anu happAhSsS.
All courts shall be open and every
man for any injury done him in his
goods, person or reputation shall have
a remedy by due process of law, and
justice administered without sale, de-
NAL or delay
The right of trial by jury shall be
secured to all and shall remain invio-
late.
These great fundamental rights can
be in no way impaired by any prohibit
tion statute, only so far as expressly
permitted by the article on prohibition.