The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1918-08-20

loss of the only healthy child he had,
the only stay and staff that was left
to him in his old age. He talked with
some neighoors who had very incom-
plete information in regard to the
matter, and they told him that they
thought that by paying some money
he could get exemption for his son,
not by paying money for the purpose
of corrupting the board, put simply
by substituting a. money contribution
in lieu of his son. And that was what
he undertook to do. There is enough
in the experience, both of this country
and of countries in Europe, to leave
upon an ignorant mind the impression
that such thing as. that could be
done. Under the old draft in the Civil
War it was possible to do that. 1t is
possible to do it in some of the coun-
siderable sum, and thus buy exemp'
ton from military service. ] am con-
vinced that that was what Mr.. John
son had in his mind.
Only One Way Out.
ut was thought best that an in
formation be filed against him, and
myself had not looked into the sta
tutes under which he could be fined
and reprimanded and the matter thus
dealt with wisely. But when infOrma-
ton was brought before me yesterday
and it was shown that the only meth.
cd of dealing with the matter was to
file an information charging the de.
PENDANT with willful and felonious
bribery, and then have him enter a
plea OF guilty to that, it struck, my
own mind at once that if the crime
was really Of that character, it was
something that could not be dealt with
lightly, as that would appear like trifl-
ing with what upon the record would
always stand as very grave charge,
and that if dealt with written rec
ord here which charged the defendant
with having attempted to bride the
board and did not punish him severely,
it would be a reflection upon the ad-
ministration of justice and failure to
vindicate public right, and failure
to vindicate the board. And so, when
l got the matter in my mind in that
focus, saw at once that no plea of
guilty to such a charge could be &C.
cepted, because there really was no
guilt Of that kind here. There was
no act Of that kind here, and the only
proper way to deal with. any such sub
ject is to deal with it according to
the actual facts, and not simply &C.
cording to some legal stagework that
may be built up.
commends Local Board.
"NOw, in disposing of the matter. as
am going to dispose OF it, want first
and above all to commend the local
board for it's action in the matter.
They have acted in a way that becom-
eth just men to act, not dealing with
1t privately, but at once fetching it
into public forum where the light Of
day can beat upon the whole trns-
action. The board have not only
dealt with the matter as they ought
to deal with it, but the board are alb
solutely free from the slightest basis
of any wrongful conduct either of the
board of any of its members.
District Attorney Acted Wisely.
~ also think the District Attorney
has acted wisely in bringing the mat.
ter into this court where it can be
publicly dealt with and where, per-
haps. some loose thinking can be
cleared up. And now, that is one of the
things want to do this morning. I'm
der the present CONSUMPTION act we
are in a field where money cannot en-
ter The son of the rich and the poor
stand on plane of absolute equality
under that act. There Is no POSSIBLE
ity by which wealth can buy exemp-
ton from military service under that
act, and it is one of the fine things
in our country today that wealth has
not attempted lido, 1t. 1t was a wise
PROVISION on the part of congress, to
put the law In the form. in which it
was put; to say, here is a common
field. The United States OF America
knows only one thing-its duty. its