The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1919-02-11

>-ac3es4y STATE t1s csss 50 TIA. any
c2llG Et@sy RIA slG understand il
I1sa IL oooc1se3y states the Law. the
reasons ard tas Goaelgsione-aa 40
ta@ne II ea1s. There is 40 reason for
ssasf1ag 4 decision with literal copies
II statatss, paeaa5ngs, Testimony. I'll
.s.3p1s an euotstIoag, That is q
}szE >srsisss and sIj,shoS way of
s'rittrs. ~ 2rc1 k,ac8, he proper
w ~ ~ state only ihe gist, nj such
s2attsrG~ .....,..-... .-..
4 yoa lsnay ,say, II appears that
o21ese ths. psaetlee nj rsritiug Gseis-
soas ana fa@or tae practice Of decid-
Sag es@eg Immediately upon the hear
sag> That is not true. The state con
stjt111on prpYsdes thst eyery decision
must be siyea in writing, with the
eeasons concissiy stated, and signed
NJ the tadges-aad Of course that fs
the ooly proper practice 5'''@2 E''...
., fOu say, thai as reported. J3ap-
pear ~ faTGr 4 decision Of every case
soBzstSl tDeztz, without regard 10 FORM
'er decjsiOnaa " fs true that have IT.
tIe regad f0r Old, obsolete or crrOn-
eou. dcrjaionH and prefer TO decide
every rare in accordance with law,
reaaon and justice. LIDO neycr-Iike
r0ntiua Pilatc--wash my hands and
blame The law or a precedent or party
neal for an unjust decisiOn. ! do not
believe IN building error upon error.
Thus, though the state constitution
provides that the right of trial by
Jury shall remain inyiolate, we have
an Old decision that for n certain Of
TN "a, f,i,yt no. t..{v,
son may he convicted In a summary
manner upon the affidavits and sent
10 the penitcnliary for two years,
without atrial by Jury. Is N. d. And
II II followed In a recent case. We
have a decision that In a suit or pro-
.ceeding for the destruction OF liquor,
n .jUsnce of the peace has jurisdiction,
Of the value OF the prop
.Hfty, and yet by the constitution, In
n civil or criminal action the jurisdic-
tiOn OF . Justice of thelpeace may not
exceed 800. These, ] consider. band.
wagon decisions and hold them In con-
tempt i am 80 peculiar as to believe
In due process Of law and in the In.
Jbcrcnt and constitutional right Of
every person To pursue and obtain
safety and happiness, and to acquire,
POSSESS and protect property without
doing injury 10 the righttOf another. A
=. YOn wish 10 know on what
ground Justify the writing OF an Opin.
inOn before hearing the argument OF
counsel That ! do only IN rare and
plain cascs. In every case ] aim TO
look over he Dleadings, records and
to know tho law ana the material
points IN advance OF the argument,
Then, when II Ii argued, am In
better position to state concisely the
issues. the facts and the law and to
limit the argument TO material points.
Occasionally. when looking over the
record IN advance Of the debates, when
II appears that the case Is clear be-
You'd reasonable dispute, formulate
q concise tentative opinion and mail
copy to the attorneys for each par
ty and save them tho expense OF trip
TO bismarck II they concur In the Opin.
ion surely that does no injury to|
anyone. Then there Is no law to pre-
vent m appellate court deciding an
appeal without oral argument, and IN
small cases, II Ia common to deny
oral argument. The oral debate OF
counsel Ia far from being desirable
in all cases, II In often a great waste
OF time aud a cause OF needless delay
and Expense and It often tends only to
misIead the judges, II Is most hene-
fetal, l think, when one gor more OF
the judges have looked well into the
case and are able to turn the debate
into conference and when the judges
decide the case while It Is fresh IN
their memory.
The Judges double their work by de-
laying II. There Is no reason why
tho ". s, supreme court or any appel
late court should be three months be-
hind with its work. 1t Is time for ap-
ne,late Judges TO get ont of the old
rutn and to he more peculiar.
Yours,
Il en-.