The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1927-10-20
COURT HANDS
DOWN OPINION
IN CRUM CASE
Written Order Issued Wednes.
day, Following Six.mOnth
Suspension

A formal opinion ~ the ulsDar'
nent proceedings against 4. j.
Crum, Eismarc'. attorney, vas hand
ed down by the supreme court We'd
Ecsday.
An order suspending Crum from
practice for six months was issued
several weeks ago following the
courts finding that Crun had ac-
ccpted bride in the case of &. n.
Janzen, lIazcn banker, prosecuted
is Crum IN 1921 as special assistant
attorney general.
Following the uspcnsion order
Crum announced that he would seek
vindicaton ut the hands Of the
pcopc by becoming a cardidatc for
The supreme court at the next gem
cral election.
The courts action in writing an
opinion after the suspension order
had been issued is not unusual, a
member Of the court said, and has
often been done in connection with
other matters.
Opinion Written by Burke
The opinion was written by justlc,
John Burke and was unanimous
Justices w. l.. Nucsslc and \. &
Burr did not sit in the case, thcl.
places being taken by ". }. King
shaw, Judge Of the second district
and NJ. j. Englcrt, judge in the fir.
district. 1t held that the acceptan.
Of money by a prosecuting office
knowing that the money was inten,
ed to influence him in the PROS
cution of criminal action, is Wifi
violation of his duties as an attorne.
and ground for disbarment.
The record in the case shows that
Crum received 500 through tn
mail. He testified that he later
turned it over to the Nonpartisan
campaign fund in the recall election
Of 1921.
Commenting on this phase of the
case the court held that where
money is offered and received as a
campaign contribution with the in
tent to influence prosecuting
officer ''it is nevertheless bribery"
and pointed out that 1T is not the
use to which money is put but the
purpose for which it is paid that
controls"
Reviewing the findings Of the
referees appointed by the court to
take evidence in the case, the court
agrees with them in every particular
except the finding that the prosecu-
ton Of Janzen had been unduly de-
layed. The referees held that Crum
had been guilty of the crime Of
compromising prosecution; had
committed misdemeanor involving
moral turpitude, and had wilfully
violated his duties and oath as an
attorney and as special assistant
attorney general of North Dakota.
Reviewing the evidence. the court
quoted at length from statements by
Janzen in which the banker charged
that Crum had solicited bride, had
acknowledged its receipt and had
later told him that the money was
working" for him.
Extended quotations also are in
Guided from Crum's testimony in
which the latter said that Janzen
had offered him Il bride on several
occasions, that he had refused to
have anything to do with such a
POpuSILlOl anu LHdL IdltT nc re.
ceived $500 through the mail from a
person whom he didn't know.
Comment Made on Case
Commenting on the Crum testi-
mony the court said: ''From his
admissions he. must have known it
was sent to him to purchase i'm
munity for Janzen and by turning
It over, as he claims, to be used as
Janzcn testified, he manifested
either willingness to further the
corrupt purposes of the donor or a
dishonest purpose to defraud him.
Again the opinion says: 1T is clear
from the testimony Of both Crum
and Janzen that bribe was offered
to Crum as an assistant attorney
general for immunity to Janzen, and
was accepted"
The court said it was Constrained
to extend leniency to Mr.. Crum'
in view Of the fact that he is 81
years old and "there is nothing other
than the practice Of law to which he
could turn for living" Another