Page:North Dakota Reports (vol. 48).pdf/707

 the appeal and cause the record to be transmitted to the Supreme Court with defendants’ brief. (5) That within 10 days defendants pay to plaintiff’s attorney $100 to reimburse plaintiff for expenses in preparing for the trial. This order and those conditions were so manifestly arbitrary and illegal, unjust and oppressive that the Chief Justice of this court-ordered a stay. Now the fair conclusion is that in denying the change of venue and in at once putting the case on the peremptory call of the trial calendar and in denying the stay, unless on such arbitrary conditions, and in all that he did in the matter, Judge Allen did not exercise a fair judicial discretion. And the distinguished lawyers. did not deal fairly with the judge in urging or influencing him to do such things. Hence it behooves this court to consider the appeal on its merits and not on false presumptions.

Without the false innuendo the complaint did not state a cause of action. McCue Case, 39 N. D. 190, 167 N. W. 225.

The action is mainly political, and it may fairly be presumed that every political partisan will incline to the side of his party leader. Twice Mr. Langer has been elected to the office of Attorney General as a candidate of the League party. When he broke with his party in 1919 and became the leader of the opposition, of course it led to bitterness, abuse, and mudslinging. Mr. Langer spent about six months going over the state and denouncing the leaders of the League and the defendants. By the newspapers and the voters in Richland and in Cass counties he was strenuously sustained. In 1920 at the primary election the vote for Governor was as follows:

In the State—Frazier 59,355

" " " Langer 53,941

In Cass County—Frazier 2,620

" " " Langer 4,523

In Richland County—Frazier 1,182

" " " Langer 1,941

Barnes County—Frazier 1,712

" " Langer 1,810

This shows the pull and influence of the Wahpeton newspapers, the Fargo Forum, and the Grand Forks Herald. The old liners of Wahpeton make affidavits and move heaven and earth to prevent a fair trial in a county where great political bias does not prevail.