The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1934-10-06
DEMOCRATIC PARTY
BACKS CANDIDATES
FOR SUPREME Bench
Moses Declares Issue Forced
In interests OF Clean
Government

OeNlOCr0Clc C20olo&Ce8 ana the lie.
mocratic party machinery Saturday
were enlisted in the fight to elect A.
e.. Burr, w. l.. Nuessle and James
Morris As members OF the state su-
preme court.
Outlining the party stand In =
speech Friday night at Valley City,
John Moses, HAGEN, candidate for at
torney general, asserted that the
Democrats are forced, in the inter
tests Of clean government" to endorse
the two incumbents. Burr and Nues-
sic, and Morris, their running mate.
The result was to clarity q situa-
ton which has been one Of growing
concern to many individuals, regard
less Of faction, throughout the state.
It marks the first concerted attempt
to counteract the effort to elect three
hand-picked judges launched by the
LANCER faction Of the NonpArtisah
League.
with the Democrats behind the ju-
dicial ticket endorsed by the James,
town faction OF the Nonpartisan
League, the entire campaign becomes
an out-and-out fight against the In
roads Of Langerism all along the line.
In his address at Valley City, Moses
outlined the situation as 1t now ex-
lists. That part Of his speech dealing
with the judicial issue follows:
Stands for Constitution
1.-THE Democratic party stands
squarely on the constitution Of the
United States and the constitution Of
North Dakota. We believe that the
welfare and the interests Of our peo-
pie are well served by the liberal In
depreciation which the Supreme
Court Of the United States has In
recent years placed upon that great
instrument. Our democratic form Of
government, separated - 1t Is in
three distinct branches, the legisla-
tive, the executive, and the judiciary,
|! Is well calculated to protect the lib
erty and the property rights Of the
American people.
1T was the purpose Of the founders
Of our government to keep the courts
free from executive domination and
leave to the courts the duty Of inter-
preting and applying the laws and
the constitution. without political In
reference. This theory Of govern
ment has found expression in the
| laws Of our state. In 1909 the men,
bers Of the legislature, men chosen
from all walks Of life in the state.
found it to be to tho best interest Of
the people Of North Dakota that the
candidates for judicial office should
not run on party tickets, that they
should be severed from party plat
forms and party allegiance.
"For that reason this legislature
enacted the so-called judiciary ballot
act, which Is found In Sections 904
and 905 Of the Compiled Laws Of
1913. It provides for the nomination
and election Of judges on separate
no-party ballots. For more than Is
years this has been the law Of the land
and the settled policy Of our state.
Judges, therefore, are to be selected
not because they are Republicans or
Democrats. but because Of their
knowledge Of the law, their training
and industry and independence. their
fearlessness and their honesty. It Is
the settled policy Of the American
people to retain the judiciary as
separate, coordinate, but indepen-
dent branch Of the government.
Sees Effort to Control
Recently there was grown up in
this state an attempt to get con-
troll Of the judiciary, particularly the
Supreme Court, in the interest OF
political faction. At the Valley City
convention OF the LANCER faction Of
the Nonpartisan League, candidates
were endorsed for the supreme bench.
This action Of the Valley City con-
vention forced other groups within the
Republican party to endorse candi-
dates. and we found the Jamestown
convention, composed of another fac
ton Of the Nonpartisan League en-
dorsing Judges Burr and Nuessle and
Mr.. James Morris as candidates for
the Supreme Court.
For some time past we have had
the spectacle Of at least one OF the
candidates endorsed by the LANCER
faction travelling through the coun-
try and appearing on the platform