The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1918-10-07

PROMISES OF
Lacquer HIT
Chief Justice Bruce DenOunces
Attitude of Nonpartisan
Associates.
BELIEVES LAW STILL GOOD
Trusts That Constitutional Au-
thority Has Not Been Sus-
pended in State.

at is true that the petitions which
lave been filed contain the signatures
of many thousands Of voters. 1t is no
doubt true as has been publicly stated
by my associate Mr.. Justice Robinson,
that he, the said justice, made pro-
election promise to override the de-
ciSiOn in the case of the State eX rel
versus Hall, supra, and that he would
not have been elected if he had not
done SO, and it may he, true as assert
ed by MIR. Justice Robinson that the
secretary Of state was convcrSant Of
this fact" says Chief Justice Andrew
A. Bruce of THE NorthrDakota supreme
bench in a minority dissenting opinion
holding that the initiative amendment
to the state constitution is not self
executing, and that a writ of nlalllla-
mus. preventing Secretary Of State
Hall from spreading on this ballot at
the November election proposed amend
mcnts initiated by the league under
this amendment, should issue. as prayed
by former Representative Treadwell
Iwichel of Fargo.
81 have yet to learn, however, con-
tinued the chief justice. that the max
ing of any such prediction promises
was ever contemplated by the trainers
of our government, or that show Of
force in the shape of numerously
signed petitions should serve as 81 pro-
per justification for violation of
my oath of office and a reason
why 1 should say that to be the
law. 1t may also -, be true
that the secretary of state, has
already gone to a great expense in
printing the proposed constitutional
amendments, but it is not shown that
the petitioner was a party thereto, or
before he brought lis present action
had any knowledge that such secretary
would take upon himself the interpre-
tation of the law and consider serious
~ considered opinion of the supreme
court of his state a mere fcrap of pa
per. IT, indeed. wanton ana unnec-
essary expense has been incurred, it
has been by, the secretary Of state and
not by the voters of this state, or by
the petitioner. all of whom were JUS
titled in believing that the reign of law
was still among u.s.
!. (Sccretary of State Hall advertised
the leagues proposed constitutional
amendments after he had received an
lIoll htiUIlct Nrtlltldl
to the effect that it was not for him,
the secretary of state, to lconstrue the
law in this case. nor to determine the
facts surrounding the circulation of
these initiative petitions were in every
respect precisely the same as in the
New Rockford capital removal case,
in which was rendered the supreme
court opinion holding the initiative
amendment to the constitution mop
crative. Mr.. LANCER concluded his
opinion with the suggestion that it
was not Mr.. Halls provice to think,
but to act. which Mr.. Hall then did,
'"I ann fully satisfied with the cor
rectness of the decision Of this court !
III the case of the state ex relvs. Hall.
and of that of the supreme court of
Indiana in the case of Dillingham; VS..
Dye continues Chief Justice Bruce.
and believe we have long since passed
the time when it was expedient or wise
for the courts to administer the law
on the basis of their own individual
opinions and to change the established
law with every temporary wave of
popular opinion.
"There was, it is true, a time when !
the conscience of a court Of equity |
was presumed to be the personal con-
science of the, judge. and when there |
were no established rules. and there
was no such thing as res judicata or
stare decisis. This time has long since
passed. It's death knell was perhaps
rung when Selden in his Table Talk,
in referring tp the law as SO admins
tered. said:
J" Equity is a roguish thing. For
law we have a measure, and know
what to trust to. Equity is according
to the conscience of him that is chan
cellor: and. as that is larger or mar
rover, so is equity. 'Tis all one. as
if they could make his, foot the stan
dard for the measure we call Chan J
cellor's Foot. What an uncertain