The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1919-11-06
EXPECTED DRIVE
ON BIRDZELL IS
BEGUN BYLEAGUE
COurier-N News Declares Associate
Justice Would Aid in
''Bank Wrecking"
INSIDE OUTS ARE GROWING
Colony of Prominent Nonpar-
tisans ExcOmmunicated By
Townley Increasing
INSIDE OUTS ARE GROWING


Associate Justice Luther Il. Bird
zell is the most recent Nonpartisan
state official to be read out of the
party by the Townley press. Judge
q, Birdzell, as result of his dissenting
= opinion in the Scandinavian-Amerl
can bank matter, is accused by the
Couier-News of Fargo, Of which Pre-
sident A. G. Townley of the National
Nonpartisan league is editorial direct
or, with a desire to ."lend the weight
of the law to the protection of bank
wreckers." y,
"He would" says the Couier-News,
editorially, ''have made the law par
ticeps criminis in bank-wrecking. y
President Townley has within the
a dozen high state officials, legislators
and other public servants who were
elected by the Nonpartisan league.
The list included: ,'.rr
Thomas Hall, secretary of state.
William LANCER, attorney general.
Carl r. KOsitzky, state auditor.
=. F.E.Packard assistant attorney gen,
eral and former tax commissioner.
Simon J. Nagel. former member OF
the state board Of control
+. w. Mees, senator from Morton
county.
Fred J. Minis representative from
Ransom county.
Henry Nathan, representative from
Mcintosh and Logan counties.
John Nathan. representative from
Sheridan county. &..
e. W. Herbert, representative from
Dunn county.
J. A. Harris, representative from
Oliver county.
Charles f. Brown, senator from
Cass County.
Luther F.. Birdzell. associate justice
Of the supreme court.
Walter w. Liggett and many other
league appointees have fallen by the
wayside.
There have been occasional rumbl
:ngs of TownleyI Gspleasnre with
Obert A. son,state treasurer, and S
A. Olsness, commissioner of insurance
Even Associate Justice J. r. Robin
son, because of his independent crit
icism of certain phases of the league
movement, has not been immune.
JUDGE BIRDZELL'S MENTALITY
ut is perhaps sufficient commentary
on Justice Birdzell's type Of mentali
ty, which puts judicial precedent
ahead of all else" says the Courier
News editorial "to point out that il
men Of his kind had prevailed during
past centuries We would still be en-
joying the medieval trial Of ordeal.
The Couier-News admits that iii
order to prevent the bank-wreckers
from doing irreparable damage to thu
bank and it's stockholders and the state
itself, the majority Of the supreme
court did not hesitate in time of crit
icism to smash few precedehts."
The Couier.News regards it fortun
ate for North Dakota that "a majority
Of the supreme court believe that ju
dicial precedents must sometimes b'
smashed in the interests of justice"
eff Justice Birdzell's wishes in th'
matter had been followed" the Courie
News contends, "the bank would still
be in Langer's hands, the trial in tn
district court and the resultant ap
peal to the supreme court would hav,
dragged on for months, and in tn
meantime it IS evident, from the man
ner in which the wreckers began thei
work, that they would have wrecked
the bank past hope Of reconstruction.
In the Scandinavian-American banl
matter Justice Birdzell. for the frs
time, dissentad from majority opin
ion in a case which vitality interest
ed the National Nonpartisan league
In a number of similar instances AS
sociate Justice Robinson has very Wig
orously dissented, and he has received