The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1934-10-10
The Courts and the Citizen

which compelled the Democratic
party to endorse w. L. Nuessle, A..
q. Burr and James Morris for the
supreme court bench. It is q credit
to the Democrats that they were re-
luctant to take this step, despite the
high character Of the men favored
by them.
For the plain fact is that q system
whereby political parties endorse
judicial candidates is wrong In spirit
and contrary to the intent Of the
law as enacted by the legislature in
1909.
The Democratic endorsement Of
Nuessle, Burr and Morris serves one
good purpose. That Is to acquaint
voters with the names Of the men
involved. Many voters have no per-
sonal knowledge Of the six men who
will appear on the fall ballot. To
some even the names will be strange.
Thus . clear differentiation between
the two groups will enable voters to
cast their ballots for the men of their
choice.
Much has been said recently about
the need for free and independent
court but little emphasis has been
placed on the reason for that need.
What happens to q mythical court
case and what could happen II the
court were politically dominated
serve to illustrate the point.
At present. II Brown sues Jones, the
case Is decided on its merits. Both
are given q square deal under the
law. Politics and personalities do not
enter into the decision, for the men,
bers Of our sup: me court cannot
fairly be charged with rendering JUS
tice on political basis.
But take a look at what can hap
pen If either Brown or Jones is. po-
litically powerful or even II they
have powerful political friends. In
such event. politics rather than JUS
tice could rule. A man not interest
ed In politics could be denied justice
In a legal contention against some
one who had political influence. The
last bulwark of liberty would be swept
away. The people would fall COM
pletely under the sway Of politicians.
Justice would be dispensed as a privi-
lege rather than as q right.
This, OF course, Is painting the
thing in the darkest colors. yet the
sad truth Is that it has happened.
Louisiana's courts, for example, have
proved remarkably suhservient to the
demands Of Huey Long and his CO.
horts.
It would be unfair to say that the
candidates for the court who are run
ming with the endorsement Of the
Langerites have any such intention,
It is not the intention of this edi-
tortal to accuse them of either dis
honesty or wrong intent.
Yet they are only human and sub
ject to normal human frailties. HUI
man nature being what it Is, it would
have been illogical to expect Judge
Moellring. for example, to oppose the
interests Of the man who appointed
him to his present position, His dis
senting opinion in the LANCER ouste,
case y the strongest possible testi.
mony - to how judicial minds may
be affected by political interest.
To Be sure. Judge Moellring ha,
shown no general tendency to decide
cases on . political basis, but once /
step = made in that direction Their.
IS no telling where the path will end.
IN that case. too. It IS noteworth,
that Judge Moellrtng sat in judgmen,
upon the man who appointed him
whereas Judge Christianson, who's,
interest In the case was manifest,
less keen, disqualified himself from
service.
Unquestionably. Judge Moellrin,
felt himself qualified to sit and con
sidered himself capable of making I'M
partial decision. Yet the influence
were such that many feel he did no
do so.
A court which IS even the least bi
swayed by political considerations
dangerous to the well-being Of ever
citizen. One which Is obviously sub
ject to political influence is q posi-
tive menace which strikes at tn
rights. liberty and properly Of ever
citizen.
Useless Air Racing
- -