North Dakota Law Review

Volume 49 Number 3 Article 15

1973

Memorials

North Dakota Law Review

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Recommended Citation North Dakota Law Review (1973) "Memorials," North Dakota Law Review: Vol. 49 : No. 3 , Article 15. Available at: https://commons.und.edu/ndlr/vol49/iss3/15

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GORDON AAMOTH (1914- 1972)

Gordon S. Aamoth was born in Valley City, North Dakota, on April 11, 1914, and died suddenly in Bismarck, North Dakota, on September 1, 1972, at the age of 57 years. The only son of the late Mr. and Mrs. H. C. Aamoth, Gordon moved to Fargo with his parents in 1918. The name of Gordon Aamoth has appeared in headlines from his Fargo Central High School days when he excelled in scholarship, athletics and a vari- ety of other activities. He was named Central's most representative boy in the 1932 senior class, was in the National Honor Society, was captain of the football team and was named an all-state high school basketball guard. He was an outstanding athlete and scholar at the University of North Dakota where he was awarded a Degree in Com- merce in 1936 and a Law Degree in 1938. Gordon was captain of the Sioux basketball team in his senior year and was given the Blue Key Award as the senior athlete with the highest scholastic attain- ment. He was an all-conference basketball star. Gordon Aamoth had combined a private career as a business- man and attorney with a public career in politics that was culmin- ated in his election as Speaker of the North Dakota House of Repre- sentatives in 1967. Elected as a Republican to the North Dakota House, he served his first session in 1957 and was re-elected every two years thereafter usually leading the Legislative slate of candi- dates in number of votes. His popularity at the polls was an en- dorsement of his political philosophy that emphasized strong fiscal control and faith in the free enterprise system. In 1963 he served as Assistant Majority Leader in the House. He was elected Speaker in 1967 without opposition in the controlling Republican caucus. Fre- quently mentioned as a potential gubernatorial candidate, in 1968, Mr. Aamoth sought the Republican endorsement during an impor- tant election year for the office of Lieutenant Governor. Gordon was an avid golfer and in 1960 served as President of the North Dakota Golf Association. He was a staunch supporter NORTH DAKOTA LAW REVIEW of the recreational programs in his community of Fargo. He served eight years as a member of the Fargo Park Board, having been appointed in 1956, and elected to office twice thereafter. He served as President of the Board in 1962. Following his graduation from the University, Gordon returned to Fargo to enter the theater business with his family. He was ad- mitted to the Bar in 1939. At the outbreak of World War II, Gordon was commissioned an ensign in the United States Navy. He served until January 1946 when he was, discharged as a lieutenant (J.G.). After leaving the theater business, Gordon served briefly as an As- sistant Cass County States Attorney before joining the Trust Depart- ment of The First National Bank and Trust Company of Fargo as a lawyer and Assistant Trust Officer. He later served as a Trust Officer. After having been nominated as a candidate for a 21st Dis- trict Republican Senate seat in September 1970, Gordon resigned to accept appointment as an economic development representative for the State of North Dakota for the U. S. Economic Development Administration. He was serving in that capacity at the time of his death. Gordon married Margaret Louis McCannel, daughter of the late Dr. and Mrs. A. D. McCannel of Minot, North Dakota, in 1939. In addition to his wife, he is survived by three sons, Gordon M., Bruce, and Archie, and two daughters, Caroline Tisza and Jane. Gordon was a true gentleman. Kind and considerate, he was a de- voted family man and was happiest when surrounded by members of his family.

WILLIAM J. McMENAMY (1930 - 1972)

William James McMenamy was born October 10, 1930, at Grand Forks, North Dakota, the son of Warren and Edith McMenamy. He graduated from the University of North Dakota with a bachelor of science degree in business administration in 1957 and received a law degree from the University of North Dakota in 1959, passing his bar examination in July of that year. He died April 21, 1972, en route to a local hospital after accidentally choking on some food while eating at a local restaurant. Mr. McMenamy had been active in the law firm of Peterson and McMenamy since 1961, prior to that time he was a full-time instructor at the University of North Dakota. He had been a part- time business law instructor at the University of North Dakota since 1961 along with his law practice. MEMORIALS 775

He married the former Dorothy LaBerge at Grand Forks, August 6,1956. They had no children. He was a member of the North Dakota and American Bar, past Grand Knight and Trustee of the Knights of Columbus, Past Exalted Ruler and honorary life member of the Elks, local Executive Secretary of the United Commercial Travelers of America and a member of the American Legion Post 181 of Thompson, North Dakota. He served with the Air Force during the Korean War.

ROBERT W. PALDA, SR. (1900 - 1972) Robert W. Palda, Sr., attorney of Minot, North Dakota, died at his summer home at Lake Kenosee near Carlyle, Saskatchewan, on Monday, May 29, 1972. At the time of his death he was seventy one (71) years of age. Mr. Palda was the second generation of Paldas to practice law in Minot. His death brings to a near close a breed of colorful trial lawyers in the Minot region who were noted for their dramatic and emotional presentations in court. Born at Elgin, Iowa, on July 22, 1900, Mr. Palda moved to Kenmare, North Dakota, and then to Minot with his parents, the late L. J. Palda, Jr. and Mrs. Palda. L. J. Palda was a former district judge. At Minot High, he was proficient in athletics, achiev- ing all state designation in both basketball and football. He con- tinued his education at the University of Minnesota, and was gradu- ated from the University of Michigan at Ann Arbor before return- ing to Minot to go into private practice of law. Mr. Palda was the senior member of the Minot law firm of Palda, Palda, Peterson, Anderson and Tossett. He was states attor- ney of Ward County from 1930 to 1934. He also was president of the Ward County Bar Association for a term. His father was the first exalted ruler of the Minot Elks Lodge. Robert Palda, Sr. was the senior past exalted ruler of the lodge prior to his death and his son, Robert, Jr., is immediate past exalted ruler. Mr. Palda also had served as president of the Past Exalted Rulers Association. He belonged to the American Bar Association and the North Dakota Bar Association. He was a Fellow in the American College of Trial Lawyers and a Fellow of the American Bar Association. He was a member of Inquisitors, a Minot gourmet group. Mr. Pa/da served as general counsel and member of the Board of Pioneer Mutual In- surance of Fargo and of Baukol-Noonan, Inc. He served as legal counsel of Minot's Union National Bank. He was a member of NORTH DAKOTA LAW REVIEW

Sigma Chi Fraternity. During World War II, his law practice was interrupted while he saw duty with the U. S. Navy, serving as a commander. Survivors include his wife, Thelma; a son, Robert W., also an attorney who has been associated in the practice of law with his father; two daughters, Barbara Mills and Charlotte M. Palda, all of Minot; one brother, Charles H. Palda, Sr., Fort Lauderdale, Fla.; eight grandchildren and one great grandchild. Members of the law profession regarded him as a leading figure in government and business affairs, and the general opinion was that he made a great contribution to the welfare of his com- munity in every respect during his career.

GEORGE S. REGISTER (1901 - 1972)

Senior United States District Judge George S. Register died suddenly at Bismarck, North Dakota, on March 18, 1972. In his passing, the Federal Judiciary lost one of its most able, conscientious and respected members. Judge Register was born November 27, 1901, in Bismarck, North Dakota, the son of pioneer lawyer George M. and Minnie Scott Register. He completed his primary and secondary education in the Bismarck public schools. In 1923 he graduated with high honors from Jamestown College, completing a four year pre-law course in three years. After receiving a B.A. degree from Jamestown Col- lege, he attended the School of Law of the University of Michigan, from which he was graduated with high honors and received a JD. degree in 1926. Judge Register returned to North Dakota and was appointed an Assistant Attorney General, a position he held until elected to the office of Burleigh County States Attorney in 1928. From 1928 through 1952 - twelve consecutive terms - Judge Reg- ister served as States Attorney of Burleigh County. In 1953 he retired from that office to devote full time to his private practice of law. President Eisenhower appointed Judge Register to the United States District Court bench in July, 1955, and he took the oath of that office on August 16 of that year. On December 22, 1971, Judge Register's resignation from the active bench and his status as Senior United States District Judge became effective. His service as the Chief United States District Judge for the District of North Dakota included several assignments to the Court of Appeals for the Eighth Circuit as well as to various Districts within and without the Eighth Circuit. MEMORIALS 777

Judge Register married Grace C. Cummins at Fargo, North Dakota, on September 21, 1934. In addition to Mrs. Register, he is survived by his son, George R., and daughter, Mrs. Don (Joanne) V. Hubbard, both of Marietta, Georgia, and two sisters, Lavina and Beatrice Register, both of Bismarck. Judge Register was a faithful and active member of the United Methodist Church, and participated in many civic affairs. He was a member of the American Bar Association, the State Bar Association of North Dakota, and served as President of the Fourth Judicial District Bar Association and the Bismarck Kiwanis Club. He was a member of the Board of Trustees of Jamestown College for several years, and at the time of his death he was serving as a member of the Overseers of Jamestown College and the Board of Directors of Bismarck Hospital. Upon the occasion of his induction, Judge Register stated: "It is and will be my purpose honestly and sincerely and to the best of my ability to perform the duties of Judge of the United States District Court in accordance with my oath of office." Certainly no one will deny that he exceeded by far his stated purpose.

FRANCIS REICHERT (1911 - 1971) Francis Reichert, admitted to the North Dakota Bar in 1935, died after a sudden illness at Dickinson, North Dakota, on July 23, 1971. Mr. Reichert was born at Dickinson on September 21, 1911, and made his home in Dickinson most of his life. He received the degree of Bachelor of Laws from the University of North Dakota Law School in June of 1935 after preparatory education at Dickinson State College and the University of North Dakota. Mr. Reichert, after his graduation from law school, was em- ployed for a time by Loyalty Insurance Group at Chicago, Illinois, before he entered the active practice of law at Dickinson. There he commenced practice with the late W. C. Crawford, formerly a North Dakota District Judge, in a partnership which continued until 1946 when Mr. Crawford retired. During World War II, Mr. Reichert served with the Counter-Intelligence Division, United States War Department. In later years he was joined in the practice of law by Bruce Howe (1958) and by Albert J. Hardy (1967). During his years as an active practitioner, Mr. Reichert had served on the Executive Committee of the North Dakota State Bar Association and as President of the Sixth Judicial District Bar. NORTH DAKOTA LAW REVIEW

In May, 1946, Mr. Reichert was married to the former Betty J. Magers, of Caldwell, Kansas, who survives him and who resides at Dickinson. In addition to his work as a practicing Attorney, Mr. Reichert was an active Director of the First National Bank of Dickinson and of the First National Bank of Belfield. He was also active in com- munity affairs and was a member and former Trustee of the Elks Lodge at Dickinson, a member and past President of Rotary, a member and past Grand Knight of the Knights of Columbus, a member of the American Legion and the American Bar Association. In addition to his wife, Betty, Mr. Reichert is survived by his brothers, Dr. Donald J. Reichert and Dr. H. Lawrence Reichert, both of Dickinson. Funeral services were held at St. Patrick's Cath- olic Church at Dickinson on July 26, 1971, with interment at St. Patrick's Cemetery, Dickinson.

HARRY E. RITTGERS (1884 - 1971) Harry E. Rittgers was born at Lone Pine, California, on January 13th, 1884, and died in Jamestown, North Dakota, on December 26th, 1971. When he was three years old he moved with his parents to Emmetsburg, Iowa, and thereafter they moved to Glenwood, Min- nesota-where he attended high school, finishing in three years. He then attended the University of Minnesota for one year and follow- ing this attended business college in Fargo. Thereafter he moved to Minot, North Dakota, where he worked for the late Governor R. A. Nestos. Thereafter he graduated from the University of North Dakota Law School and was admitted to the State Bar of North Dakota. He practiced law in Medina, North Dakota, for three years and then came to Jamestown where he was first a law partner of the late George Thorpe, later a law partner of former Lieutenant Governor John W. Carr, and in 1943 became the partner of John Hjellum and which partnership was later on joined by Herman Weiss and Russell Nerison. He served as Assistant State's Attorney for Stutsman County for twelve years and as City Attorney for eighteen years. In 1953 he was appointed District Judge of the Fourth Judicial District, from which he retired in 1961. During his service as a Judge, in 1959, he was elected Chairman of the Juvenile Judges' Advisory Council of the State Welfare Department (the group's primary function was to fight juvenile delinquency in North Dakota). MEMORIALS

Mr. Rittgers was a life member of the Jamestown Masonic Lodge, a life member of the B.P.O. Elks 995, a member of the Stutsman County (past President), Fourth Judicial District, North Dakota and American Bar Associations. He leaves surviving him his wife, the Hon. Cytella D. Rittgers (County Judge of Stutsman County) and two children who live out of the state. Mr. Rittgers was an extremely able lawyer and Judge. He was an avid reader and during his lifetime read everything. The Bar is the richer for his life and impoverished by his passing.

JUDGE BERT M. SALISBURY (1899 - 1972)

Judge Bert M. Salisbury died March 6, 1972, in Minnewaukan. Salisbury retired as Judge of the County Court of Increased Juris- diction of Benson County, January 1, 1964. He was admitted to the bar in 1937. Long a political power in Benson County, Salisbury served 43 years in the Benson County courthouse-as clerk of court 14 years, county auditor, 6 years, and County Judge, 23 years. He was very active in Nonpartisan League politics and was a noted orator during this period. He served as State Highway Commissioner for a short time in 1934. In 1920 he was elected Clerk of Court. He was clerk uitil 1934, when he ran for county auditor. In 1940 he was elected Judge of the county court, defeating Judge 0. D. Comstock, who had held the office for many years. Salisbury was always associated with liberal movements. He was a lifelong NPL'er and was secretary of the Benson County Farmers Union for 20 years and secretary of the NPL for 20 years. He was secretary of the local elevator, a member of the Federal Land Bank Board, a member of the Benson County Farmers Press Board, chairman of the Selective Service Registrants Advisory Board, Chairman of the Rationing Board, and explosives agent for the Bureau of Mines during World War II in both Benson and Ramsey Counties. In 1915 he married Avis Christy. His first wife died in 1960 and in 1961 he married Julia Larson Peterson, originally from the Rugby area. Survivors include his wife; four children: Jean Margaret Hall and Robert C. Salisbury, Detroit, Michigan; Avis Ann Skolness, near Valley City; and Alberta Lorraine Sagehorn, Long Beach, California, and 16 grandchildren. NORTH DAKOTA LAW REVIEW

CLIFFORD SCHNELLER (1902 - 1972) Mr. Clifford Schneller was born December 26, 1902, at Wahpeton, North Dakota. He attended Wahpeton Public Schools and the State School of Science for one year. He enrolled at the University of Southern California for the year 1921 and then returned to North Dakota, attending the University of North Dakota until graduation in 1924 with honors. He was admitted to the North Dakota Bar in July of 1924. At that time he was the youngest attorney ever to have been admitted to the Bar. Thereafter he practiced law with his father, F. B. Schneller, at Wahpeton, until the death of his father in 1935. He served as Richland County States Attorney from 1933 to 1941; Wahpeton City Attorney from 1948 to 1956, when he was appointed Judge of the Third Judicial District by Gov. Norman Brunsdale. He served in that capacity until his death March 18, 1972, at Davenport, Iowa, of cardiac arrest. He was a member of the State Trial Judges, State Bar, American Bar, Masons, Odd Fellows and Elks. He was a devoted member of the United Church of Christ. At one period in his life he was an avid golfer and was a charter member of the Bois de Sioux Country Club. He enjoyed hunting, fishing, travel and devoted many hours to the study of history, his hobby. He is survived by his wife, the former Gladys Whitney, whom he married February 2, 1935; and a sister, Mrs. William Freeman of St. John, Washington.

LYNN U. STAMBAUGH (1890 - 1971)

Lynn Upshaw Stambaugh was born in Abilene, Kansas, July 4, 1890, and died at Washington, D. C. May 27, 1971. His father, William Scott Stambaugh, was the third marshal to serve in Abilene succeeding Wild Bill Hickok. When Lynn was six year old, his family moved to Fargo, North Dakota. His father, who was a trial lawyer, became active in the practice at Fargo and was recognized as one of the leaders of the bar. In 1913 Mr. Stambaugh graduated from the University of North Dakota School of Law and was the fourth generation of Stambaughs to practice law. Two years later he married Enid Erickson and they moved to Hazen, North Dakota, where he took up the practice of law. In September, 1917, Stambaugh enlisted in the United States Army and his wife returned to Fargo. His practice at Hazen MEMORIALS was taken over by John Moses, later Governor of North Dakota and United States Senator. Lynn served overseas in the Field Artillery and was commissioned a Second Lieutenant in June, 1919. Follow- ing his discharge he returned to Fargo and joined the law firm of Pierce, Tenneson and Cupler, later becoming a partner. He was a charter member of the American Legion Post in Fargo and served as State Legion Commander in 1934-35. He engaged in the active practice of law and was recognized by his fellow attorneys as an able and skillful practitioner, participating in the trial of many cases as well as the other phases of a general practice. In 1941 he was elected National Commander of the American Legion, tak- ing a leave from his law practice to which he returned after his tour of duty. Upon his return to Fargo he turned his attention to poli- tics. He became a candidate in the primary campaign against Senator Gerald Nye in 1944 and was defeated, but re-entered the campaign in the general election as an independent and split a three-way vote with Nye and Democrat John Moses, who was elected senator. In 1945 he was sworn in by President Harry Truman as First Vice President of the United States Export-Import Bank, serving in that capacity until 1960, when he retired, but continued there- after as a Senior Vice President under Civil Service for three years. While in Washington he served as the local representative of a Phoenix, Arizona, law firm. After assuming residence in Washing- ton, Mr. Stambaugh frequently returned to North Dakota, usually to participate in the annual meetings of the American Legion, at which he was often a speaker. His wife died in 1955, and the only immediate survivor is his brother, Scott, who resides in Florida. Mr. Stambaugh had an outstanding career, not only in the law, but also in politics, military service and important government- al work.

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VOLUME 49 SUMMER 1973 NUMBER 4

BOARD OF EDITORS EDWARD J. WARD, Editor-in-Chief PAUL E. GOBLEVWSKI THOMAS H. ANDREWS, JR. Research and Book Be view Editor Special Projects Editor REED E. HALL STEPHEN D. DIxON Case Comment Editor Note Editor JOHN W. DwrxE E. THOMAS 0ONMY III Articles Editor Business Manager EDITORIAL STAFF D. SCOTT BALLOU DAVID NIss JOSEPH H. LOUWAGIE ROBERT RAU ROBERT N. WILLIAMS ORELL D. SCHMITZ JUNIOR STAFF MEMBERS DAMON E. ANDERSON THOMAS HAMLIN RiICHARD W. OLSON OWEN L. ANDERSON JAMES S. HILL H. JEFFREY PETERSON JOHN V. BOULGER CARLAN J. KRAFT DUANE H. SCHURMAN DAVID A. ENGEN DAVID S. MARING GARY R. THUNE ROBERT J. ERICKSON RUSSELL J. MYHRE

FACULTY ADVISOR BRUCE E. BOHLMAN

SECRETARIES MARIA EANIFEN MAUREEN QUAM

The North Dakota Law Review Is the Journal of the STATE BAR ASSOCIATION OF NORTH DAKOTA MICHAEL R. MCINTRE, President ALAN B. WARCUP, President-Elect RICHARD B. BEA, Seo'y.-Treas. ROBERT P. SCHULLER, Executive Director 314 MDU Office Building Bismarck, North Dakota

0 0 The views herein expressed are those of the Individual authors and are not necessarily those of the State Bar Association or the North Dakota Law Review.

THE NORTH DAKOTA LAW REVIEW is published four times a year In November, Jan- uary, March and May by the University of North Dakota School of Law in co-operation with the State Bar Association of North Dakota. Communications concerning editorial matters and permission to reprint material con- tained herein should be addressed to: Editor, North Dakota Law Review, University of North Dakota School of Law, Grand Forks, North Dakota 58201. Communications concerning business matters and requests for reprints should be addressed to: Business Manager, North Dakota Law Review, University of North Dakota School of Law, Grand Forks, North Dakota 58201. Subscription $7.00 per volume, $8.00 per issue. Second class postage paid at Grand Forks, North Dakota. Subscriptions will be automatically renewed, unless notice of cancellation is received. Copyright, 1973, by the University of North Dakota School of Law.

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