Grand Forks herald. [volume] (Grand Forks, N.D.) 1916-1955, 1919-11-04
JUDGE BlRDzELL,S OPINION

Inc dt6seaunx opinion OF Justice Rtrdsell In the Scan
|dinavtan American bank case. Just decided BY the supreme
court BY . vote Of three to two, makes interesting reading.
Judge Birdsell was nominated for the supreme bench at
the Nonpartisan League convention at Fargo in tie spring
of 1916. He was supported with enthusiasm ~ Nonpar.
tisan League workers, and. was elected by league votes.
He was not a compromise candidate, and no other party
or faction had anything to do with his selection. HIS cleo
ton was hailed a. . signal victory for the league forces.
During his incumhency he has aided In the decision Of
many cases, and his decisions have frequently been In ae-
cord with the contentious Of those who have represented
the league in litigation.
And yet Judge Birdzell, with q warmth Of Language
which would subject a layman to punishment for con-
tempt Of court, denounces the action taken by the MAJOR
ty Of the court as fundamental and far.reschins," and
striking at the very Foundations of judicial due process Of
constitutional provisions enacted in response to- current,
and perhaps temporary need. but of the principles Of hu-
man liberty laid down in Magma Charts, which antedates
oy centuries the American constitution itself.
The dissenting jur4st finds that disposition Of this
case was made without trial, and he calls attention to the
fact chat it is against this very summary procedure. known
under the term government BY injunction" that most
strenuous objections have been raised. And yet he de-
clares the court decision to be one which makes govern.
mont By injunction an accomplished fact.
In connection with Judge Birdzelrs opinion it is
"~~ w. tAob AS Judge 1O0AQ3O
in his Enthusiastically informal manner, expressed him.
self with much emphasis<on this bank case, declaring that
the bank had received Just the sort of jolt that it needed.
Basins his action on different considerations, he seems
to have proceeded on the theory that the bank, having
been improperly and unsafely conducted. had been check
cd tn its dangerous career, ana might be expected, if given
an opportunity, to mend it's ways in the future. He voted,
therefore,. with Judges Bronson and Grace in favor OF the
decision 80 roundly condemned fly Judge Birdxell.
Faction and party have no proper place in the affairs
Of our courts. But our socialist manipulators have made
party and factional issues Of everything pertaining to them.
On those issues they have elected four supreme court
Justices. One Of these judges in the opinion just published
sustains entirely the contention Of the attorney general
that tho procedure under which this case was decided was
without proper trail and in defiance OF law and justice.
has over his own signature declared in substance
that the course pursued by the management Of the league
bank was unwarranted, unsound and unsafe, but has been
willing, on general principles, to give it's authorities 4
chance to better their record.
If the managers Of the bank, Or the politicians who
have made it a political tool can extract any ,comfor.
from this situation. they are welcome to it.