The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1918-07-15

July 5, 1918. This week | am dee
lighted" All our judge have beef,
promptly on time at d. H., except
ing that three or four of them have
| been commonly tardy, one hour in the
morning, and two or three nave been
occasionally absent for i day, half
| day or a day and half However.
we have disposed of qLite a number
good start on the thirty-five appeals
argued in June. We are bonnl to
adopt the Minnesota system and to
cease doubling our work by delaying
it. In Minnesota the supreme court
work is fully twice as nlucn as it is in
this state, and as the chief justice
writes, they have reduced the work to
a system; they have daily conferences
following arguments ami go over
every case while it IS fresh in the
mind and so the decision of a case is
rarely delayed longer tnan one month
arter argument. Now since the Min:
nesota judges are able to promptly dis.
pose of their work., with nalf their
efficiency, we should be able to do
half as much work and in that way to
keep right up with the work Of our
court. s.,,-y
| This week our judges have had a
rather animated conference On mo.
ton to reconsider the horse killing
decision given out some iour or five
weeks ago. The apparent result u
that the good horses may not be kllf
ed unless they first show some. "A ,Qsi
tive indications OF disease. Here is
my opinion as submitted on the re;
hearing motion 50
Neer v. Live Stock Board.
On Re-Hearing.
Robinson, j. In this case 1T be.
hooves the judges to lay aside all
pride of opinion and to fairly consider
and decide the appeal on the findings
of fact and the points presented by
the petition for rehearing. & On the
findings of fact~it would be lasting
reproach to the judges of this court to
permit the killing Of; the horses.
1t is now over three years since
the Live Stock Board caused the two
heavy and valuable work horses to be
bled and tested for the disease of
dourine. The test was not made In
the state. It was made by bleeding
the animals in the same manner as
$1,000 other animals were bled and
sending the blood to ~--"''' unknown
and irresponsible testers at Washing:
ton, D. c., and on their report the
Live Stock board decided to kill the
horses. But 1t is not the province Of
this court to review the evidence
which is not here presented and to
pass unOnt any decision by the Live
Stock board. r .s,i@ = 7ss
This action was brought to restrain
the killing on the ground that the
horses were sound and healthy and
not in any way, affecsted with disease.
On the findings OF fact and conclu.
siOns of law as made by Judge Fisk,
an appeal was taken to this court on
the ground that the findings Of TACT
do not sustain the conclusions of law.
Three judges voted to sustain the kill
ing and two judges voted against,sit.
and <as the needless killing of such
valuable work animals is not only. q
private but a public calamity giving
aid and comfort to the enemies of the
United States, counsel for plaintiff
moves for a re-hearing. They filed a
recent photograph of the valuable an
finals with affidavits, of the owners
and four other persons showing that
now after a lapse of three years, the
animals are still in a sound, healthy
condition, do good work, and show no
symptoms of any disease.
Certain it is that in the dourine
blood test made by the clerical force
at Washington. there was some error
Or mistake; as the records of the
Stock Board show the making Of 81,
900 blood tests and the killing of over
700 horses, we must know that in do.
ing such rush business for this and
for other states there were many
chances of error and we. may well
take official notice of the fact that
such boards are disposed to exceed
their authority because were there no
bleedings and killings, their eccupa'
ton would be gone. However, the
question is not on the correctness o.
the fixation test or of any blood test
1t is on the findings of the trial court
and on the evidence now presented
Aside from the strong and convincing
affidavits and photographs, the mo
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