The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1934-10-03

Editorials printed below show the
trend Of thought BY other editors.
They are published without regard
to whether they agree or disagree
with The Tribune's policies.
i Attacking the Judiciary
| (Minot Daily News
i While its members are elected by
the people, the personnel Of the North
Dakota supreme court for many years
has been chosen without their political
affiliations being brought into the
bold relief and campaign issues made
Of them.
Consequently the judges could
mount the bench, not conscious Of
feeling obligated to any political party
or faction. and therefore better quail
fled to dispense the highest type Of
justice.
Unfortunately, that situation does
not exist with respect to the coming
election.
That faction of the Nonpartisan
League under the thumb of ousted
Gov. William LANCER is making de-
termined effort to seat three Of its
favorites upon the supreme court
bench, men whom the factions cam
raigners say will be sympathetic with
the policies that they expound. If
the three are elected they will con-
stitute q majority Of the court, which
consists of five members.
Do North Dakotans want their
highest judicial tribunal In control Of
men, who, II their most ardent sup
porters are to be believed, are to be
guided In the making Of decisions or
at least be influenced by the political
considerations that may be involved
IN q lawsuit We think not.
No man, whether he be Republican
or Democrat, I. v. A. or Nonpartisan
Lacquer, farmer. businessman or Ia
borer. expects to receive more than
equal justice, and no one can honestly
say that the supreme court In recent
years has done other than honestly
interpret the laws as they exist upon
the statute books.
The interpretations may not always
please some, but 1t Is not the courts
prerogative to make the laws. The
peoples representatives. senators and
representatives, make the laws, and to
the judiciary Is left the task Of in
|terpreting their meaning.
SO, when q situation Is witnessed
where q political faction launches an
attack on the court and asks support
for its candidates on the given i'm
preston that they will sail along"
with that group, that fact in itself
raises the serious question Of their
fitness for the office.
Except for the fact that the court
by four to one decision, the dissent
ing opinion coming from q man
named to the bench by the now ousted
governor, ruled that LANCER was In
eligible to longer hold office, the Lam
ger faction has no other thing at
which to point why. two Of the in
cumbents should not be reelected.
The court took the law as the law
makers had made 1t and Interpreted
1t As any unbiased judicial body would
have done.
It had no part in the federal court
trial which brought about the con-
vietiou Of the governor and his asso-
ciates. Twelve citizens Of the state Of
North Dakota, Independents and Nom
partisans alike, composing the jury.
decided unanimously on the question
Of guilt.
BY its decision the supreme court
did not say that the governor and his
associates were guilty as found. That
question Is for another tribunal, the
circuit court Of appeals, or possibly
the supreme court Of the United
States. As the case came to the su-
preme court, the record showed the
convictions. What was the law? The
court studied the law, found that the
lawmakers long ago had decided that
. person convicted Of q felony should
be ineligible to further public trust,
and 20 stated.
The campaign being waged to I'M
seat two Of the incumbent justices has
such earmarks Of unfairness that it
should serve to promote serious think
ing BY every voter.
A dispensing Of justice that would
lawn Vic u10U WHO Kl86 QeSu b more
ardent supporter Of political faction
than has been his neighbor would be
deplorable.
II . political machine can be sue
cessful in accomplishing what 1t has
set out to do in this campaign with re-
spect to the supreme court. It will
serve as sorry lesson by which to be
guided In the future.
Having been thrust into the nasty
mess Of factionalism, where 1t ought
never to be, the issues Of the supreme
court election are clear cut.
The LANCER faction asks you to vote
for Judge George H. Moellring, In
cumbent by virtue Of appointment Of
the deposed governor, r. L. Fraser
and G. q. Bangert.
The candidates against whom the
faction IS waging its fight are Judges
w. L. Nuessle and A. g. Burr, long
time incurnbents. and James M. Nor
rts. former attorney general.