The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1919-11-24
GOVERNOR WOULD LIMIT COURTS TO
SUCH ACTIONS AS HE PERSONALLY
APPROVES, SAYS JUSTICE ROBINSON
League Member of the Supreme
Court Pays Respects to Mill
tarism and Demagogery in
Opinion Denying Writ Prayed
By William Lemke Tying the
Hands of Judge Nuessle

whatsoever soweth to the wind
shall reap the whirlwind. In this state
as in the nation we have been winking
and blinking at lawlessness," says AS
sociate Justice James E. Robinson, a
league member of the supreme court,
in his opinion denying William Lem
ke, vice president of the Nonpartisan
league and his former law partner, a
writ of prohibition preventing Judge
Nuessle from enforcing his order for
the return Of the Washburn Ignite
Co.'s mines.
Pandering to Labor Vote.
"Pandering to the labor vote" says
Judge Robinson, 1--WE have passed laws
to permit and encourage strikes, pick
eting and idleness; law to permit
any person to quit work in disregard
OF his contract, and to persuade others
to do Likewise; a law to prevent coal
miners from working more than eight
hours a day, and law to subject mine
owners to a tax of nearly five percent
on their payroll, tax of $4,000 on
the Wilton mine. We have statute
of twcnty-seven printed pages SUBJ
jecting mine-owners to fearfully ex-
pensive, onerous and drastic rules and
regulations. The result is that the
pleasant summer days have passed
with only limited production of coal.
We have sown to the wind, and we
are reaping the whirlwind The long,
cold winter is upon US, and without
any grievance, our well-paid miners
have quit work and struck pursuant to
orders from some labor agitators,
The miners were willing to continue
work for the same wages, with an
advance of sixty percent to be paid
to the agitators and idlers. To this
the mine-owners did not accede, and
the result is that with the military
the governor has undertaken to oper-
ate the mines.
Governor and the Courts.
f1n district court of Burleigh coun-
ty, the Washburn Coal Co. sued for
and obtained an injunctional order
restraining such operation. The gov
crnor applies to this court for a
writ to forbid the district court and
the mine owners from interfering
with his operation Of the mines. His
position is that the courts have no
jurisdiction to interfere with him
when he acts as commander of the
militia, but that the courts have juris-
.diction to aid him by enjoining all
parties from obstructing him; in other
words, that the courts have only such
jurisdiction as the governor may per-
nit them to exercise; that the courts
may aid him, but if they thwart his
wishes he may use military force to
defy them and to turn them out of
their Offices"
Quotes the Constitution.
The jurist then quotes from the
constitution to prove that the military
shall be subordinate to the civil pow
er; that all men have right to ac-
quire, possess and protect property;
that private property shall not be
taken or damaged for public use with
out just compensation shall have been
first made to the owner; that no per-
son be deprived of life, liberty or
without due process of law;
that all courts shall be open, and ev-
cry man for any injury done him in
his lands, goods, person or reputation
shall have remedy by due process
of law and right and justice, admins
tered without sale, denial or delay.
"In every civilized government"
says the jurist, "the courts are the
bulwarks Of freedom and civil liberty,
the refuge of the citizens for protec-
tion of life, liberty and property. The
power is for military pur-
poses only. 1t may be used to SUPPRESS
insurrection and to repel invasion. 1t
may not be used to take from him
that has and to give to him that has
not. ..
Question of Emergencies.
'The shortage of fuel is in no way
different from a shortage of breal
and butter, flour and feed and other
necessities Of life, and who will say
that such shortage does authorize the
to take bread or grain from
one and to give it to another. It fol-
lows that the governor has no juris-
diction to declare martial law for the
purpose of taking over the mines, or
to cause anyone to do it, and any Or
der to that effect is wholly void.-Mo-
ton denied"