The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1918-07-15
SATURDAY EVENING LETTER
BY Justice J. E. Robinson

D~O)O)OO~OOOOOO
ton for rehearing is well argued and
it presents two leading questions:
L. Do the findings of fact sustain
the conclusions Of law?
| 2. Will this court without any evil
dence review the, findings OF fact?
10 these questions the answers
must be. No, Still the moving cOun-
sci do justly say: We come to this
court on all issue of law. and are be.
wildered to find the court treating II
as an issue Of fact On the judg
ment roll the only question is. Do the
findings of fact show cause for the
killing of the horses? The question Is
not answered by the majority decision.
1t asserts that the horses are nuts
|ance, but the finding is that they are
not nuisance and that they ARE not
dangerous and that their killing is not
necessary.
The findings show each mare in
question H. a valuable work animal
worth about $3.50. She appears entire.
ly, sound and tree fro mdisease, The
owner IS farmer, Keeping the mares
under, farm seonditions swhere t.e has
complete control of them and does not
permit thematos run with other horses
Former outbreaks ispf the disease in
other partss okraheaEJ nited.States have
been readily stamped out under farm
conditions without the slaughtering Of
animals not Showing clinical symp.
toms of the disease In view of the
apparent healthfulnesssof the mares
so long after, the test was made, and
in view lof the fact thu ssEmp toms Or
dinariy developed soon after infections,
It is very doubtful whether the mare
,is,.. or. ever has been affected with
rdOurine AaSki ssssa6 j IS .5,s
Then 1t is. said: s.The court neither
finds that the mare Is or Is not af-
fected with dourines In the opinion
iof the court the puhlis can be effect.
ually protected by suitable quarantine
regulations, and the court therefore
finds that until the; mare develops
clinical symptoms Of d0urine, 1t is not
necessary for the protection of the
public that she he slaughtered and her
slaughter would therefore constitute
an unnecessarys and unWarranted In,
vasion of plaintiffs property rights"
Assuredly the appeal must not be
decided without any evidence ana In
disregard of the findings Of the trial
court. This court may not review or
reverse the findings OF fact as made
by the trial court. That court does
not find that the mares are, affected
with dourine or any disease. 1t does
find that they are good valuable work
animals and show no signs of any dis
ase and that the killing Of them would
Be an unwarranted invasion OF plain
tiff's rights Now we need not argue
to show and convince the judges that
the findings Of the trial court must
sustain the Judgments; and the aft.
davits and pictures of the horses
show that the animals are now In pre-
|ciselr,thej same conditions asswhen> the
court made the findings. They arc
good, sound, Neal thy WORK horses and
not in the least affected with any, dis.
lease. In 'sdGffs saas- case X man may
not look TO the court for protection,
les Mig tsweii be excused and even
justified in the use Of all force neces-
|sary tot protsatshimseM ana4 his prop
erty.
BY the constitution.sitis provided
that all mems have q right to acquire,
possess and protect property.
Ands also, the srIenrtsaRlall be open
and every man for any injury done
him in his lands, goods, person or
reputation shall have u remedy by
due process or law, and right and
justice administered without sale,
denial or delay. Whenever the right
to life, liberty, or property is in ques.
ton, the courts have 2. constitutions
jurisdiction.