The Devils Lake world and inter-ocean. (Devils Lake, N.D.) 1915-1920, 1919-11-26

feature is that the opinion denied the
petition for q writ of prohibition
against Judge w. L. Nuessle, Of the
district court, carving out his orders
Frazier and Fraser, governor and
adjutant general, to return the mines:
that this petition was made by Robin
sons former law partner, William
Lemke, and that it Is q direct slap in
the face of the socia:istsc ,endeavor UNI
der stress of conditions u absorb as
a state industry the mines.
The opinoin is brief: \
.~State, ex rel. Frazier VS.. Nuessle,
District Judge. Robinson, J.. whose
ever soweth< to thu wind shall reap
the whirlwind. In this state, as IN the
nation, we have been wfinkiing and
blinking at lawlessress; pander7ng to
the labor vote. We have passed laws;
to permit and encourage strikes, pic
keting and idleness; q 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 q day, and a law TO subject
mine owners to a tax Of nearly i've
per cent on their payroll, . tax, Of
$4,000 on the Wil;on mine. We have
a, statute of twenty-sevgn printed
pages ,~subjecting mine owners to fear
fully expensive, onerous and drastic
rules and regulations. The result is
that the pleasant summer days have
passed, with only a limited production
Of coal. We have sown to the wind
and we an reaping, the whirlwind..
The long, cold winter is upon us, and
without any grievance,, our wei paid
miners have quit work and struck pur-
suant to orders from some labor ax1t-
ators. The miners we're willing to con.
tinue work for the same wages. with
an advance of sixty per cent TO be
paid to the agitators and ,idlers. TO
this: the mine owners did not accede
and the result is tnat with the mill
tary the governor has undertaken IT,
operate the mines.
SIN district court Of Burleigh coun-
|ty the sWashburn Coal :Company. sued
for andspbtained N injunctional or
der Restraining such operation. The
governor applies to this curt 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 jur-
isdiction to interfere with him when
he acts as commander of the militia,
but that the courts have Jurisdiction
to aid him by enjoining all parties
from obstructing him; in other words
that the courts have only such juris-
diction. as the governor may permit
them to exercise; that the courts may
aid him, but Il they thwart his wishes
he may use military force to. defy
them and to turn them out of their
Offices,
"The material points are covered By
the plain words Of the constitution:
"Sec. Is. The governor is command
er in chiefsof the military and naval
forces ofithe state and may call the
same to execute the laws, 70 suppress
rebellion and to repel invasion.
Sec. IL; The military shall be SUBJ
ordinate to the civil: power.
nSec. i. All mer have q right to
acquire, possess and protecttproperty.
"Sec. IA. Private property shall not
be taken or damaged for public use
without just compensation having first
been made to the owner.
HSsec. u. No person shall be de-
prfved, Of life, liberty o. property
without duetprocesss Of law.
aSec. :22. All courts shall be open
and every man for any: injury done
him in bis lands, goods, person, o,
Reputation. shall have q remedy BY
due process of law and right and JUS.
tice administered without sale, denial,
or delay.
In every civilized government the
courts are the bulwarks Of freedom
and civil liberty, the refuxe Of the
citizens for protection Of life, liberty.
and propsaty.E bSamiltaryAnbwe is
for. lailita ll791Iss9!psgssaess.ssennayas TIT may
pc qsed5 QaAapHeesAMinslsseetee and
to repel inv,asfon.1sH jmay!aoEsAbe used
to take from bin. aAhat hashand 20
give 70 him. haSkk MT
"T1eSt negtaesso &spo way
i6erent4SIaSeHNn ~
and butte4o11an4 1e1ds 81 ~
necessitis6eI and whosNiil 3
that snehst& AaSeessdoss au1tha6rise the
IT, 81 bHaSK1a or grain
fro1nsonsa9etd, MapAnother. I;
toiiowsstha gssA il5l55I81MsgselnoFsha no iur-
iSdictiom &6E EldaY4TS law for