The Ward County independent. [volume] (Minot, Ward County, N.D.) 1902-1965, 1920-04-15
Senator M0stad on Courts Of Concili.
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| senator MOSta0 ON courts OF COnClll
alton
North Dakota attorneys for year
advocated a law providing for q cour
of cancellation In each county Of th,
state where minor cases may be set
tied without the bother and expens,
Of going into county or district court
In states where these courts are il
operation, the Judge is always read,
to consider these minor disputes which
should never be permitted to be car
ried to the higher courts. Litigants
are not put to the expense of hiring
attorneys and their disputes are set
tied Immediately. The higher courts
are clogged with large number Of
small cases, some of which drag along
for years and when finally tried, otter
cost the county several times the am.
cunt involved. Courts of Cancellation
might mean less revenue to some at.
torneys, but they would save the tax.
payers Of the state vast sum of mon.
ey in year. The Independent sect
no good argument against these courts
and on the other hand, there is much
to be said in favor of them. The fact
that the North Dakota attorneys ia.
vor this law should not Great preju-
dice against the measure among the
legislators.
Editor Ward County Independent:
In recent issue of the lndepen-
dent appeared a timely editorial on
the subject of "Conciliation Courts
to settle all minor disputes between
litigants in the legislative session of
1919. The writer introduced Senate
bill No. 156, entitled "A Bill to Pro-
vide for Cancellation of Controver-
sies,' and to Repeal previous legisla-
ton on the same, subject, that had
proven to be completely a dead-letter
on account of the absence of any COM
pulsory obligation on either party,
to even make honest effort to effect
an amicable settlement of their trou-
bles, and abide by the same settle
ment. Senate Bill No. 1856 had the
following provision in Section under
the heading, Cancellation Proceedings
prerequisite to process. "No proceed
ings shall be issued in commencement
of a civil suit by any Justice of the
Peace or by any other trial court,
unless the moving party shall first
file in Court Certificate of a Con-
ciliator showing that an attempt had
been made to effect a settlement of
the claim and that such an attempt
has failed" The support of the meas
ure felt that a Conciliator could easily
settle three-fourths of these petty
cases out of court if given a chance
to bring the disputants together and
a little time has elapsed to cool off
the fighting spirits of the claimants.
The measure Immediately met with
the most stubborn opposition but fin
ally passed the State Senate by vote
OF twenty-seven "ayes" and eighteen
noes" The Attorney members of the
Senate, jacobson, of Hettinger coun-
ty, Mcbride of Stark county. voted
no, and with Hyland of Ramsey coun-
ty, made strong speeches against the
measure, the main contention being
that man has constitutional right
to sue and be sued, and that any iep-
slation to hamper or abridge his hon
est rights" in that respect would be
The farmer mem
oers OF the Senate paid but little at
bentlon to such arguments, however
and the bill was passed. The House
II Representatives considered it, On
the closing days of the session but it |
was finally killed there in among the
many other measures that are always
ost in the turmoil and faction fights
IT the closing session days. The
of arbitration is not dead,
lowever, and no matter which political
faction controls the next State leg
the popular demand for such
court reform will compel the enact
nent of legislation that will bring
1elghbors together instead of apart
and substitute good will and friend
ship for jealousy and hatred. It will
mean less business for some attorneys
but the general public will probably
oe able to worry along somehow.
braham Lincoln argued thus, time
and again on the duty of lawyers
TO discourage lawsuits. 1T is our
business to be peacemakers, he used
% tell them not to stir up quarrele
Tor the sake Of making little mon
~. The problem of simplifying our |
and expensive court pro-
'edure is a deep and complicated one
md the legal profession Of North Da-
[ota can render no better service to
ne people of our state than by as
''lsting to bring about this needed re-
:orm at the earliest date possible,
THORWALD MOSTAD
BANKER TESTIFIES IN