The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1918-05-11

Mehy AAVA' L14f AV49sS3 Anu SAlAoI o1Au
Woe unto you also We lawyers, for
ye hid men with burdens grlevous to
be borne, and ye yourselves touch not
the burdens with one Of your fingers.
AS shown by our court records and
by the history 81 nineteen centuries,
those who live on the labor of others
are always too ready to lay on the
burdens. Thus, al 1t Jamestown. at 9
time when the country is demanding
the work and the savings Of every per.
son, q poor, human wage Garner Is
charged with an offense modern, 10,
cal and very questionable The buy
ing of liquor. His bail is put at ST..
900. He Is thrown into Jail and kept
there for months III idleness. Is it not
cruelty. Here, II my dissent:
state y. scermain.
n Robinson. j. Dissenting.) It is
neArly three; months. since this MAJ.
ter was brought before the court on
application for ~ hal eass corpus for
the purpose OF discharging the de.
PENDANT or reducing the bail from 81.
900 to $500. The case was heard IN
q very summary manner by three
judges and the cencensus Of opinion
seems to be that the bail should be
reduced to $500 That Is the sum
named as Just and 5fair and no one
said q word to, the contrary. \. .t
The case should have been prompt.
" decided and the bail reduced an0
the defendant permitted to 80 70
work. Aside from the mere statement
OF the defendant himself. there Is not
q word of evidence to show the com.
mission Of any crime. There was mo-
q word Of testimony only as to what
the defendant sand conc rning the
purchase Of liquor for Q certain party
Now the commission Of crime cannot
be proven by mere confession. Thus
II the defendant had said that he stole
10 horse from John Smith, the proof
would be insufficient without q. show
Ing that q horse was actually stolen
from John Smith It is no uncom
mon thing to hear people sill around
and boast Of petty crimes ant lhtSHe
n,eanors they never committed. lu'
TIN. iE neither here nor the = 'S
'rhe constitution provides that eS
ccfs!He bail shall hot be reqIlr':i MI
excessive fines imposed. In this eaes
1t was sheer cruelty to refuse bail 10
the sum Of $500 and to- retain defend
ant in Jail eating the bread Of idle
ness at the expense Of Stutsman coun
~, when ne IS 9 worker anu MS wo -
Is 90 mucn needed.
State W. Wet1-T he Motor Tax.
Robinson, j.: This case presents nc
question arising under the constttu
tion or laws Of the United States OF
any other state. HENCE, there Is nc
good reason for considering ana quot
ing from 81 or any Of the decisions on
the dissimilar laws or other states
This case was brought to compel the
assessors of the city Of Fargo to list
and assess for taxation Gil automo'
|! biles and motor vehicles owned IN the
city. 1t challenges the validity Of
Chapter IS, Laws Of 1917. This sta
tute imposes on all motor vehicles q
license fee or tax Of not lesa than IS,
and for each horse power 81 excess OF
20, there il an addittonal tax OF fifty
cents. Only half the tai ats laid on
automobiles registe bred three years
prior to the passage Of the act. The
same is in lieu Of al other taxes
general or local, EXCEPT that the zee
paid by dealers is not IN lieu OF otn'
er taxes. 4.