The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1928-10-24
CAMPAIGN FOR
JUSTICE BENCH
GIVEN IMPETUS
Statement Answers Charges
Made Concerning Action of
Court
DENIES GRATITUDE DEBT
Yelled Charges of Gross Cor
ruption' Utterly Are Base
less

campaign Tor places on the state
supreme court today when Justice
L. r. Birdzell, one of three judges
seeking reelection, issued state
n1ent bearing on the contest.
Birdzell's statement was in the
nature Of reply to charges leveled
against the court by F. @. Hellstrom,
Bismarck pamphleteer and a candi-
date for supreme court Judge. In a
pamphlet, published here and circu.
lated by him throughout the state,
Hellstrom recently made charges re-
garding certain actions of the court
which Birdzell, in his statement. said
merit attention SO that the people
may know the facts.
Justice Birdzell's statement fol.
lows:
Public office is a public trust.
This is as true Of 2 judicial office %
of any other. It is entirely proper
for . trustee to account to those
who have reposed confidence in him,
but it is seldom necessary for one
occupying a judicial office to render
such an account. The general es-
TEEN in which that office is held,
wholly apart from the occupant. or
dinarily acts as . deterrent against
the overzealous efforts of those who
would recklessly lessen respect for
The office or wantonly assail the
character Of the men whom the
people have chosen for such service.
When usual restraints cease to be
effective, however, the people have
a right to such information as may
be afforded by a candid statement
from the official in whom they re-
posed confidence. The office belongs
to the people: the occupant is the
custodian. False charges can best
be refuted by those who best know
their falsity, and II such q one hap
pens to occupy q place on the high
est court in the state his duty to the
public requires that he should be
the one to expose the falsehood. I
do not shrink from the task.
Discusses Gratitude Debt
In a certain publication which en-
joys second class mail privileges and
which is edited by F. o. Hellstrom
Of Bismarck, an effort is being made
in recent issues to convince the
voters Of North Dakota that the
State Bankers Association is under
a debt of gratitude to the Supreme
Court of the state on account Of the
holders Of bank stock having been
relieved of the necessity Of paying
taxes on their stock during certain
years in the past. It Is charged that
this result came about through a
decision Of the Supreme Court and
that such association has endorsed
Judges Nuessle. Burr and Birdzell
for reelection. It is proper to say in
passing that the motive for the pub
LEGATION Of such charges is very ap-
parent in that the same issues carry
advertisements Of the editor and an
associate rs candidates for Judge Of
the Supreme Court.
/ am the author Of the opinion re-
ferred to in this publication. I am
bound by considerations Of ethics to
refrain from entering into . contro-
versv involving the merits or de-
merits Of the decision, but do not
recognize that there is any rule Of
propriety that requires me to sit by
while the people are being deceived
by the reckless statements of 4
pamphleteer as to the effect Of given
decisions. It is said "the effect of
the decision was that the banks were
held not to be liable for any tax
whatever" II this statement means
anything, the meaning is false.
THE decision referred to was rend-
cred nearly seven years ago. Else
where in the article another case il
referred to in which the opinion was
written by Judge Sveinbjorn john
son, and it is said: 1.-THE effect Of
this decision was to nullify the whole
OF Chapter 800 which made it inn
possible to collect the unpaid one
half Of al the banks taxes for four
years which amounts to several mil
lion dollars" This 10 likewise false.
There can be no question but that
the writer Of the article referred to
seeks to convey the impression that
the Supreme Court Of North Dakota
has relieved the hanks Of tax obli-
cations amounting to millions Of
This is 1 serious charge,
when considered with
other implications in the article re-
ferred to. Judges have been inn
peached on charges not more serious
than this. What are the facts?
Fortunately they are simple and