Grand Forks herald. [volume] (Grand Forks, N.D.) 1916-1955, 1922-12-06
NAME KNEESHAW
TO HEAR CASE
OF BANK
Supreme Court Takes Ac
ton of Affidavit of
Prejudice.

Judge w, G. Kneeshaw has Deen
named by the state supreme court 70
hear arguments on the applications
for a permanent Injunction against
the sale Of assets Of the Peoples
State bank Of Grand Forks. and re-
moval of the receiver, John Valley.
This action is the result of the fol-
lowing affidavit Of prejudice having
been filed by Attorney General SVEN
bjorn johnson against Judge A. 1.
Cole, who recently issued the tem-
porary restraining order.
This aniant further says that he
does not believe and he has reason to
PENDANTS in the above entitled acuon
can have a fair or impartial trial be-
fore the said 4. T. Cole either upon
the preliminary motion or upon the
order to show cause involving the
Fights of the plaintiffs to a restrain
ing order during h tendency OF TINS
action, or upon the merits when the
action is tried by reason of the preS0-
dice and bias Of the said \. T. Cole.
No Service Time Fixed
"Ariant says hat Notwithstanding
the fact that the order to show L
was signed on Nov. -. 1922. The SAID
order and papers, including the s@ra-
mons and complaint. were not served
on this affiant until abou : - III,
Nov. 90, 1922; that in the order 10
show cause. the said judge die a& IL
the time when service must Re MADE
upon the defendants Or Il O. tHeG.-
but arbitrarily fixed a date
q legal holiday. leaving ii 10 'He as
erection of the plaintiffs to make serS-
ice at the last possible moment before
a legal holiday which service was
made accordingly.
"Afiant further states that the aid
Judge A. T. Cole, has recently made
numerous remarks rejecting on the
character and legal ability Of this
affiant: and highly ~derogatory to him
personal v; that he believes that the
said A. T. Cole Is ,~prejud1ced against
the other defendants and because OF
such prejudice is wholly unable to
render a fair judgment upon the evl-
dence, and is wholly unfit to sit IN
said manner at any stage or to render
any Judgment thereon by reason OF
such prejudice and bias; that the said
A, r, Cole has heretofore, during the
time when this affiant has been acting
as attorney general of the state OF
North Dakota, made orders without
notice to this affiant as attorney gen.
eral, and without giving him an op-
p%ortunity to be heard in various pro-
sceedipgs. and lawsuits. which the su-
preme our Of this state has in some
cases declared to have been made un-
lawfully and in violation Of the es-
ia bltshed rules Of practice, and that
the said A. T. Cole has made such
orders in such cases upon the appli-
cation Of Wi liam Lemke. attorney
for. the plaintiffs in the above entitled
matter, and upon his insistence and
because of the prejudice and bias or
the part Of the said A. T. Cole. agains,
the office of the attorney general ant
particularly the affiant herein.
"Affiant says that he makes thi:
affidavit for the purpose Of obtaining
a fair and impartial judge to rende
d decision. upon all matters inc cues
tons that arise in this proceeding
Cole Replies
In commenting upon the affidavit Q
prejudice, Judge Cole said that
Mr.. Johnson's contentious are correct
he nc longer is fit to be a judge o
the First district and should be I'm
mediately recalled.
III Lemke or any other person
N~onpartisan or Independent, a II
any manner exercise any influenc
over me in my judicial work, I am nc
fitted to be entrusted with the higl
Office Of judge, and immediate. step
should be taken to have the peopl
recall me-"
Judge Cole said that it is Mr.. John
sons duty to see that this is done, !
his contentious are correct.