The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1918-04-13
SATURDAY EVENING LETTER
BY Justice J. E. Robinson

On the supreme court docket there
are now 100 appeals not yet argued
or submitted, thirty of them are set
for argument commencing next week.
They are mostly kindergarten matters
and should be disposed of in short or
der Now there remains only twenty
five of the old chronic cases which
should have been finally decided in
the days of long ago. g. -.
We have an important 500 Rail.
way case. 1t is an appeal from an
order holding that5.the complaint does
not state a cause of action. Five
months ago decision was signed by
three of the judges, and since that
time it has been held up awaiting a
concurrence or dissent OF two judges.
That is carrying judicial courtesy to
the point of folly and madness.
hope we may have mo more of it.
Olson vs. Ross, the big trading
stamp case has been finally decided.
Though it was argued for two days
by the unwise Indulgence Of the court,
it amounted to nothing. The stamps
sold were redeemable only in money.
The statute under which the suit was
brought does not prohibit the sale of
| stamps redeemable in money. It pro-
hlblts only the sale of stamps re-
deemable in merchandise.
In Fargo suit against an admin
istrator an appeal was taken from a
judgment for $25,0O0.00. Ten months
ago, the case was argued and submit
ted. 1t was assigned to one judge
who promptly formulated a short opin-
ion affirming the judgment of the
.llal court. The short opinion did not
appeal to the judges. They thought
it too short for SO long case. A re-
argument was ordered and for a whole
day the judges sat like patience on a
monument hearing the big lawyers
talk and re-talk. Then to write an
opinion the case was assigned to an
other Judge. After bordering over it
| for six months he wrote lucid and
thorough opinion of thirty-three pages
in affirmance of the judgment. 1t ap-
lea ed to all the judges. They read
| it with delight, signed it, filed it and
| gave due notice to the attorneys. But
10 and behold, There is now filed a
long motion for re.hearing. Six big
| lawyers want to talk the case all over
: again and to show the court that the
long opinion lis no better than the
short one. Well, we may hear them
talk it all over and appoint another
Judge to write still longer opinion
affirming the judgment, but l guess
not Some lawyers are never salts
fled when decision is against them
and it is. pure folly for any Judge to
try to convince them by the longest
opinion that can be written.
In State " Mueller, q jamestown
case, defendant was justly convicted
Of murder and sentenced to thirty
years in the states penitentiary. Elev-
en- months ago the appeal was filed in
this court and there Is still no de-
cision, though the case should have
been decided within ten days after
the filing Of the appeal. Defendant
should not have been kept for two
and a half years, eating the bread Of
idleness in the Stutsman county Jail.
On December %, 1915, he took his
five. shooter and went to a neighbours
o-se-the Hins place-he shot the
old man three times, the mother once,
and then fatally shot the young man
Valentine. The cause of it all was
! that his sister had been too intimate
with a young man of the Hins family
who escaped to Canada, and it was re.
ported that the Hins family had spok.
en- lightly of the sister. His defense
was that he went insane and lost his
mind for minute or two just while
he did the shooting. Under proper
procedure a special jury. should have
been called, II necessary, and defend
ant should have found himself con.
victed and serving in the states pris-
on within two months. after the COM
mission Of the crime and within ten
within ten days after the appeal was
filed, it should have been finally de-
cidedl and the case remanded and
closed Such delays as prevailed In
this case are q disgrace to the courts
and a direct cause of lynchings.
Bank vs.. Brastrup: This is q case
which should have been promptly de-
" - ~ . onRr2o % :, ~ ~ h001E11t