Emmons County record. [volume] (Williamsport, D.T. [i.e. N.D.]) 1884-current, 1922-04-13
WHEN Is.AN AFFIDAVIT NOT AN
AFFIDAVIT?
LOTUS and Thatcher Avoid Perjury
Trial on the Ground That They Did
Not Hold Up Their Right Hands and
Say, Eve Swear" When Acknow-
lodging Affidavit Before Notary.

Say, "We Swear" When Acknow-
lodging Affidavit Before a Notary.
North Dakota people have been fat
ed to behold some wonderful proceed
ings in legislative legal and admini-
strative circles in the past few years.
The latest, legal tangle is the most
disgusting yet coming to light.
Last week M. w. Thatcher, league
accountant, and o. E. Lotus, former
league state bank examiner, were
brought into court at Fargo to an
swer a charge Of perjury. The charge
was based upon the fact that. they had
signed an affidavit in the Scandina-
Wan American State Bank case which
they intended to be presented to the
state supreme court to prove that the
bank was solvent and entitled to be
reopened. This affidavit was signed
by Thatcher, as accountant, and Lof-
tus, as state bank examiner. Among
other things, it set out that certain
socalled doubtful papers had been
paid, when such was not the case at
all. The. affidavit was then acknow-
ledged before licensed notary public
and was presented 20 the supreme
court. The supreme court accepted it
and refused Mr.. Langer's request that
oral testimony be taken to disprove
the contents of the affidavit.
Events finally demonstrated that
the statements contained in the
Thatcher-Loftus affidavit were untrue.
After the recall election, Mr.. johnson,
the new attorney general, caused war
rants to be issued for both Thatcher
and LOTUS on q perjury charge, in
tending to prosecute them for swear
ing falsely in the affidavit above men
TONED and which was used as the ba-
sis Of the showing before the supreme
court. And then, what do we find?
Mr.. Thatcher and Mr.. Lotus did
not attempt to dispute falsity of the
affidavit. Instead, they claimed they
were not guilty Of perjury FOR THE
REASON THAT THEY DID NOT
HOLD UP THEIR RIGHT HANDS
AND SWEAR BEFORE THE NO
TARY THAT THEIR STATEMENTS
WERE TRUE. They signed the affi-
davit, they admitted. They took the
document to notary and had him
acknowledge and attach his seal, etc.,
SO that it looked just like any other
sworn affidavit. In fact, they did just
what is done everywhere every day in
making affidavits. They signed their
names to it, and had a notary acknow-
ledge their affidavit, and attach his
seal. The judge presidingsat the pre-
liminary hearing then refused to adj
init the affidavit because they had not
actually held up their right hands be-
fore the notary and sworn what they
said therein was the truth. If the
document they signed and presented
to the supreme court was not an afti-
dayit, then the editor of this paper
has never made an affidavit in his
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