DOCSLIB.ORG

Special Session Investiture of the Honorable Robert Vogel

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
Special Session Investiture of the Honorable Robert Vogel North Dakota Law Review Volume 50 Number 2 Article 14 1973 Special Session Investiture of the Honorable Robert Vogel North Dakota Supreme Court Follow this and additional works at: https://commons.und.edu/ndlr Part of the Law Commons Recommended Citation North Dakota Supreme Court (1973) "Special Session Investiture of the Honorable Robert Vogel," North Dakota Law Review: Vol. 50 : No. 2 , Article 14. Available at: https://commons.und.edu/ndlr/vol50/iss2/14 This Note is brought to you for free and open access by the School of Law at UND Scholarly Commons. It has been accepted for inclusion in North Dakota Law Review by an authorized editor of UND Scholarly Commons. For more information, please contact [email protected]. BENCH AND BAR In the Supreme Court State of North Dakota SPECIAL SESSION INVESTITURE of The Honorable Robert Vogel Chambers of the House of Representatives North Dakota State Capitol Bismarck, North Dakota Wednesday, September 5, 1973 Commencing at 4:00 p. m. THE SUPREME COURT of THE STATE OF NORTH DAKOTA THE HONORABLE RALPH J. ERICKSTAD Chief Justice THE HONORABLE HARVEY J. KNUDSON Associate Justice THE HONORABLE WILLIAM L.PAULSON Associate Justice THE HONORABLE OBERT C. TEIGEN Associate Justice THE HONORABLEROBERT VOGEL Associate Justice Mrs. Luella Dunn, Clerk Mr. Elmer Dew2ad, Bailiff 382 NORTH DAKOTA LAW REVIEW API'EARANCES (in order of introduction) MR. BYRON L. EDWARDS Attorney at Law President. 1st District Bar Association Grand Forks, North Dakota MR. JOHN C. McCLINTOCK Attorney at Law President. 2nd District Bar Association Rugby, North Dakota MR. RONALD G. SPLITT Attorney at Law President. 3rd District Bar Association LaMoure. North Dakota MR. ALFRED C. SCHULTZ Attorney at Law President, 4th District Bar Association Bismarck, North Dakota MR. JOHN A. GRAHAM Attorney at Law Bismarck. North Dakota MR, PATRICK A. CONMY Attorney at Law Past President, State Bar Association Bismarck. North Dakota MR. IRVIN B. NODLAND Attorney at Law Bismarck. North Dakota MR. ALAN B. WARCUP Attorney at Law President, State Bar Association Grand Forks. North Dakota MR.MARSHALL T. BERGERUD Attorney at Law President, 6th District Bar Association Killdeer. North Dakota MR. ROBERT CHESHOWN Attorney at Law Former Chairman, The Committee on the Judiciary, Linton, North Dakota NorthDakota StateSenate MR. HARRY M. PIPPIN Attorney at Law President, 5th District Bar Association Williston, North Dakota THE HONORABLE C. F. KELSCH Judge of the District Court Mandan. North Dakota MR. NORLYN E. SCHULZ Attorney at Law Sec.-Treas.. State Bar Association Bismarck. North Dakota MR. WARD M. KIRBY Attorney at Law President elect, State Bar Association Dickinson, North Dakota BENCH AND BAR 383 THE HONORABLE ARTHUR LINK Governor of North Dakota MR. BRUCE B. BAIR Attorney at Law Mandan, North Dakota MR. MALCOLM F. BROWN Attorney at Law Mandan, North Dakota i'ihe Supreme Court of the State of North Dakota met in Special Session in the Chambers of the House of Representatives in the North Dakota State Capitol. Bismarck, North Dakota, on Wednesday, September 5. 1973. commencing at 4:00p. m. CDT. Proceedings were hadas follows:) TIE BAILIFF: The Honorable The Chief Justice and the Judges of the Supreme Court: Hear ye, hear ye. hearye, the Honorable the Supreme Court of theState of North Dakota is now cpen. THE CHIEF JUSTICE: I would like to welcome all of you whoare here today for this Speciat Session of our Court. Before we get underway, I would like toappoint a number of people to serve as commit tees to escort some of our special guests to their seats. At this time I would like to appoint District Bar Presidents Byron L. Edwards and John C. McClintock as a committee of two toescort the Federal Judges. the Judges of the District Court, the Judges of the County Courts of Increased Jurisdiction, and all retired Judges totheir seats. So that we may move this along. I would like to make someother appointments of escorts. I would like to appoint District Bar Presidents Ronald G. Splitt and Alfred C. Schultz as a committee of two to escort the elected officials of theStateof North Dakota to theirseats. I would like to appoint Mr. John Graham and Mr. Patrick A Conmy asa committee of two to escort the leaders and members of the Legislative Assembly to theirseats. I would like to appoint Mr. Irvin B. Nodland as a com mittee of one to escort Alan B. Warcup, President of the State Bar Association of North Dakota, to his seat. At this time the Bailiff will recognize the members of the federal judiciary and the state judiciary and retired judges. You may all goand be seated. Thank you. The committee is now ready toescort the electeds tale officials of the State of North Dakota to their seais. Thank you. You may now escort the leaders of the Legislature and themembers of the staff of the Legislative Council Thank you. I see that one of the escorts isa member of thestaff of the Legislative Council. At this time, would the committee escorting Alan B. Wareup, the President of the State Bar Association. present Mr, Warcup. We have alsoappointed Mr. Marshall T. Bergerud as a committee ofone to escort Senator Chesrown. If he is ready, will you escortSenator Chesrown to his seat. Thank you- Mr. Harry Pippin, District Bar President, will escort The Honorable C. F. Kelseh to his seat Thank you. Mr. Norlyn Schulz, Secretary-Treasurer of the State Bar Association, a nd Mr. Ward M. Kirby, President elect of the State Bar Association, will now present theGovemor of our State. Governor Link. Thank you, members of the committee. Mr. BruceB. Bair and Mr. Malcolm F. Brown, asacommittee of two. will now presentThe Honorable Robert Vogel before our Court for the taking of the Oath of Office as a Justice of the Supreme Court of North Dakota, Mr. Bair and Mr. Brown. Mr. Robert Vogel, having been appointed to the Court by Governor Link, having already served us in a very fine capacity, we doat this time proceed with theceremony of swearing you intoyour office. Will you raise your right hand and repeatafter me: I do solemnlyswear that I will support the Constitution of the United States and the Constitution of the State of North Dakota and that t will faithfully discharge the duties of the office of Justice of the Supreme Court of the State of North Dakota according to the bestof my ability, so help me God. (Justice Vogel repeated the oath after theChief Justice.) THE CHIEF JUSTICE: At this time I would like to call on Mr. Warcup to present Justice Vogel with his robe and for any comments he may wish tomake at this time. Therest of us maybeseated. Mr. Warcup. (Justice Vogel was presented with a robeby Mr. Warcup.) MR. WARCUP: Governor and Members of the Court, particularly Justice Vogel: It is a pleasure for me to be able to par- 384 NORTH DAKOTA LAW REVIEW ticipate in these ceremonies. This is a first for the State Bar Associa tion of North Dakota, and we are very proud and very happy to be able todoit. Thank you. THE CHIEF JUSTICE: Justice Vogel is a man of few, well-chosen words, but those are not his words. He will speak later on at this session. At this time we take great pleasure in calling on Senator Chesrown, who has known Justice Vogel for many years, and I believe that he will have some words io sayat this time. Senator Chesrown. SENATOR CHESROWN: Honorable Chief Justice. Governor Link, Judges of the Supreme Court. the State Officers. District Judges. membersof the Legislature, members of the State Bar Association, and friends of Bob Vogel: Needless tosay. I am extremely happy to be here to participate in this most worthy function. Certainly I would feel much more at home across the hall in the Senate Chambers. However, when I suggested that maybe thai is where it should be held. I was without any uncertain terms told that the Supreme Court had made its order, and you just don't argue with an order made like that by the Supreme Court. I suppose my friendship with Judge Vogel corn mences many years ago, while both of us were privates in the ranks of the old Nonpartisan League. We were busy at that time. saving the farmers of North Dakota from the giant grain manipulators in Minneapolis and the money changers in New York. However, that organization was progressive, and I think I am safe in saying that Bob-now Justice-Vogel was as progressive at that time as I was. Bob is a native of North Dakota, having had his elementary education at Coleharbor. and. I believe, his high school education here at Bismarck. where he graduated from public high school. He later attended the University of North Dakota and earned a degree of bachelor of science, I believe: and then he went to Minneapolis and ac- cepted work in a bank. Well, apparently, employment in a bank didn't meet with Bob too much, because after all, he did study law while employed in this bank, and I understand that in 1942 Bob had earned a law degree from William Mitchell College of Law and was admitted to practice in the State of Minnesota in 1942. In 1943he came back and took the bar exam in North Dakota, passed, was admitted to the bar here. and opened an office in Garrison. In 1949 he was elected to the office of State's Attorney in Garrison in McLean Couity, and that office he held until 1954. at which time he was appointed United States District Attorney under the Eisenhower administration.
Load more

Recommended publications
  • 2013 House Judiciary Hb 1451
    2013 HOUSE JUDICIARY HB 1451 2013 HOUSE STANDING COMMITTEE MINUTES House Judiciary Committee Prairie Room, State Capitol HB 1451 January 29, 2013 Job 17903 D Conference Committee Explanation or reason for introduction of bill/resolution: The requirements for calling a grand jury. Subcommittee Minutes: Testimony 1 Chairman Koppelman opened the hearing. Aaron Burst, Association of Counties testified in support of the bill. I have a proposed amendment. The grand jury system in NO is not usable by state prosecutors primarily because of some language that I am suggesting changing. Rep. Delmore: Can you tell me why you are using a percent for the number of signatures needed instead of a required number? Burst: It is harder to use a numbers-basis due to population fluctuations. Rep. Paur: Is there a mechanism in the process now? Burst: In the case where the state's attorney refuses to do their job, there should be some sort of citizen's aspect. Rep. Kasper's bill leaves in a citizen component; it just changes the thresholds. Secondly, there are parts in the code already that allow the citizen to petition for failure to the state's attorney to do their duty. Rep. Klemin: Does the amendment refer to a grand jury procedure when a private citizen is the subject of the inquiry, whereas the bill covers conditions of public prisons in the county or misconduct of public officials? Are there two focuses on what the grand jury is to do? Burst: Correct. Rep. Klemin: Does the term public prisons include the state penitentiary in Burleigh County? Burst: It would have to include the Department of Corrections.
    [Show full text]
  • (1875-1966) College Professor, Coal Mine Manager, and Medal of Honor Recipient
    Did You Know That...? Volume 3 Snapshots FRANK ANDERS (1875-1966) College Professor, Coal Mine Manager, and Medal of Honor Recipient One of the first white children born in what is now North Dakota attended a reception in the White House given by President John F. Kennedy on May 2, 1963. During those 88 years, Frank Anders received the Medal of Honor for his bravery during the Spanish- American War, taught mathematics at the North Dakota Agricultural College (now NDSU), served as Fargo’s city engineer, managed a coal mine in Zap, and was construction engineer of the commission in charge of the building of the new state capitol in Bismarck. JOHN BAER (1886-1970) Famous Cartoonist & Youngest Man Ever Elected to Congress From ND The youngest person ever elected to the U.S. Congress from North Dakota later became a famous political cartoonist. John Baer began his cartoon drawing with the Nonpartisan Leader newspaper and is given some of the credit for the rapid growth of the Nonpartisan League (NPL) in North Dakota. After he was defeated for reelection to Congress in 1921, Baer “rose to become America’s most widely known labor cartoonist.” One of his cartoons inspired Franklin Roosevelt to name his 1932 Presidential campaign slogan the “New Deal.” NORVAL BAPTIE (1879-1966) Nation’s Greatest All-Around Skater North Dakota was the home of the greatest all-around ice skater of the early twentieth century and, perhaps, of all time. Norval Baptie won approximately 5000 ice skating races in the 25 years he competed, and held 10 professional speed records.
    [Show full text]
  • An Agricultural Law Research Article the Law of Hard Times: Debtor And
    University of Arkansas School of Law [email protected] $ (479) 575-7646 An Agricultural Law Research Article The Law of Hard Times: Debtor and Farmer Relief Actions of the 1933 North Dakota Legislative Session by Sarah M. Vogel Originally published in NORTH DAKOTA LAW REVIEW 60 N.D. L. REV. 489 (1984) www.NationalAgLawCenter.org THE LAW OF HARD TIMES: DEBTOR AND FARMER RELIEF ACTIONS OF THE 1933 NORTH DAKOTA LEGISLATIVE SESSION SARAH M. VOGEL· I. INTRODUCTION The 1930's were not only times of economic, political, and social upheaval; they were also times of legal upheaval. Pushed by the chaotic conditions of the economy, state legislatures throughout the country tried dramatic new approaches in the area of debtor­ creditor relations. In particular, states focused upon the exceptionally severe problems in the agricultural sector. 1 A large number of the states adopted some kind of foreclosure moratorium relief in 1933. 2 North Dakota, an intensely agricultural state, was °B.A., University of North Dakota, 1967; J.D., New York University, 1970; member of the North Dakota bar; currently in private practice with Robert Vogel Law Office, P.C., Grand Forks, N.D. I. Comment, Gov.rnmental Action on Farm Mortgage Foreclosures, I GEO. WASH. L. REV. 500, 500­ 01 (1933). 2. Comment, Mortgag. Moratoria Statute Sustain.d by Supreme Court, 2 GEO. WASH. L. REV. 486, 487'(1934). States passing some type of moratorium relief included: Arizona (Set Act of Mar. 4, 1933, c·h. 29, 1933 Ariz. Sess. Laws 57 (repealed 1937)); Arkansas (sttAct of Feb. 9,1933, No.
    [Show full text]
  • Judicial Values: the Justice Robinson Experience
    View metadata, citation and similar papers at core.ac.uk brought to you by CORE provided by UND Scholarly Commons (University of North Dakota) North Dakota Law Review Volume 82 Number 1 Article 2 1-1-2006 Judicial Values: The Justice Robinson Experience Herbert L. Meschke Ted Smith Follow this and additional works at: https://commons.und.edu/ndlr Part of the Law Commons Recommended Citation Meschke, Herbert L. and Smith, Ted (2006) "Judicial Values: The Justice Robinson Experience," North Dakota Law Review: Vol. 82 : No. 1 , Article 2. Available at: https://commons.und.edu/ndlr/vol82/iss1/2 This Article is brought to you for free and open access by the School of Law at UND Scholarly Commons. It has been accepted for inclusion in North Dakota Law Review by an authorized editor of UND Scholarly Commons. For more information, please contact [email protected]. JUDICIAL VALUES: THE JUSTICE ROBINSON EXPERIENCE HERBERT L. MESCHKE* AND TED SMITH** I. ROBINSON’S RELEVANCE................................................... 25 II. ROBINSON’S BACKGROUND .............................................. 28 III. ROBINSON’S ADVERSARY.................................................. 31 IV. ROBINSON’S ELECTION ....................................................... 35 V. ROBINSON’S COURT ............................................................. 43 A. SATURDAY EVENING LETTERS........................................... 43 B. THE BACKLOG ..................................................................... 45 C. ABSENCES AND DELAYS....................................................
    [Show full text]