Grand Forks herald. [volume] (Grand Forks, N.D.) 1916-1955, 1922-04-06
A

MIR. Lofthus succeeded i'll convincing Justice OF
the Peace Miller that the so-callcd affidavit in which
Mr.. Lotthus certified over his own signature to the
condition of the Observation-Disclosures bank of
Fargo was not sworn to by him. lnasnnuch as this
affidavit provided the basis for the charge of perjury
against MIR. Lofthus, that particular case fell to the
ground. In order to commit perjury one mustswear
to a statement which he knows to be false. Unless
a pirate, and may put it in writing, attaching his
signature thereto i'll the presence of witnesses. but if
he onits the formality of swearing, he does not
commit perjury.
According to the statements made to the court
MIR. Lotthus did not swear when he signed that al
|fdatit. The affidavit was prepared by him or in
his presence. lie was familiar with it's contents. He
signed the tatement voluntarily. But Mt. Lofthus
did not hold up his right hand and say, SO help me
God.N That constitutes the taking of an oath, and be-
cause no oath was taken, there was no perjury. That
constitutes a perfect defense for Mr.. Lofthus. The
crime charged not having been committed the a-
cused person could not have committed it. No pris-
oner at the bar could wish for a better defense. No
better defense is possible.
The charge against Mr.. Lofthus was that he
committed perjury in swearing to the correctness of
a document which he knew to- be false. The docu-
inent which he signed was a statement concerning
the affairs of the bank over which, as bank examiner
OF the state, he had. supervision. That document was
submitted to the supreme court OF the state as evil
|dence of the solvency of the bank. The court ac-
|cepted that document and relied OH it. AS a result
of its faith in the statements thus made to it the
court directed the reopening Of the bank, and on the
strength of this the bank was reopened and resumed
its receipt of deposits. Citizens of the state. RELYING
on the certificate of solvency which they understood
the court to have given. entrusted it with more OF
their funds. Ultimately the bank, which had been
insolvent all This time was forced to close, falling Of
its own weight.
The indisputable record shows the statement
signed by Mr.. Lofthus to have been false. The court
was misledSby it. Citizens of the STATE, also misled.
lost additional thousands Of dollars which they
might have saved had it not been for the false state
r1ents made by an officer of the state. 1t now ap-
Ipears that not only did Mr.. Lofthus deceive the
|to-be false, but he deceived it further by presenting
to it a document purporting to be an affidavit which
was in fact not an affidavit. ~
Our affairs have reached a strange state if this
sort of trihing with the courts and with the forms
of law established to give validity to records of the
highest Importance can be carried on with irnpunity.
1t might be interesting to know Just why Mr..
Lofthus failed to complete that affidavit. Did he, at
that time, realize that inasmuch as the completion Of
his act by taking the customary oath would be$pcr-
jury. 1t 1nightbe well for himsto play safe? And did
he. if not for the good of his soul, at least for the
safety Of his carcass, cross his fingers, SO to speak,
SO as to provide a good defense in case of criminal
proceedings? Or did he do as thousands of others
do, merely sign without swearing, intending the act
of making the affidavit to be complete without the
performance Of the final physical act? How many
men when they sign an affidavit, actually make
oath? Its safe to say that three-fourths Of the az
6davits made are not thus completed. Yet they are
used as sworn statements are accepted as such, and
are expected and intended to have that effect.
If the former position is correct, Mr.. Lofthus
may be credited with a measure of shrewdness III
providing for himself a possible avenue Of escape
from a tight place. If the latter explanation is cor
rect, admiration for the mans resourcefulness in
.Icreases at the cost Of respect for his manhood, In
stead. Of saying, Il signed that statement as a COM
lpiete affidavit, and standby it" he says in effect
"Iasigned the statement, but becausesI didn't swear
to tyou can't put me in the penitentiarry.'
ss s Thinks Wrangell Valuable as Air Base" So
Iit has proved.
NE Nolstead hopes the vote will make II j.
|KValcSo tsars.