Newspaper Page Text
V-! ..ALL- HOME ..PRINT.. fr--* i- J.-.. fc-/* 1 1 XVII, NO Mclean county tax case ::S. Supreme Court Holds That Mc Lean County's Cannot Now Be Attacked- y# The supreme court has .:?v,down an opinion in the 0 Ralph D. Ward, Milan G. Ward and Wm. O. Ward, appellants, vs Ole Gradin, sherriff of McLean -county, respondent, in which the trial court is reversed. The sylla ..bus is as follows: 1. The right of McLean coun ty to exercise its corporate powers ii: :yer the territory added thereto by chapter 50 laws of 1891, cannot be -assailed even by a direct attacks gv: at the suit of a private person or VV- by the state. State vs McLean S" Co., 11 N. D., 356, followed and approved. 2. The existem&and:authority of a municipal corporation acting •under color of law' cgfinot "be questioned collaterally by private suitors. 3. The sheriff was sued in con ..version for seizing iand selling property pursuant to a proceeding tocollect personal property taxes, iromga delinquent taxpayer. One of the contested issues was wheth er the property belonged to the taxpayer or to the plaintiffs, and handed ase of the taxpayer was the principal witness for plaintiffs. The defend -ant was permitted to prove that the taxpayer whom the defendant claimed owned the property seized had never voluntarily paid the taxes imposed^ on him. Held pre judicial error. 4. Trivial defects in a pleading which could not mislead should be disregarded "where no objection is made before trial. Appeal from the district court McLean county W. H. Winchest er, judge. Newton & Dullam for appelant^ W. L. Nuessle and Guy H. Cor liss, for respondent, ,• The opinijbn is be ^Eng&rtttl, J., •Justice Yoiftg cpncnrring jp ,the result but pacing his concurrence in the reversal upon the insttffici •ency of the special verdict. The plaintiffs in this case sued to recover damages for the alleged conversion of thirty-eight head,of cattle for the payment of certain delinquent personal taxes. In the the trial court verdict was found for the defendant and judgment •entered accordingly. Plaintiff moved in the alternative for judg ment notwithstanding the verdict for a new trial, which ^motion was heard and denied before the en try of judgment. The plaintiff contended, among other things, that. the cattle in question were seized outside of McLean county, being in that por tion of the territory fixed by the V'l* act known locally as as the "great ^r $&f «r McLean county act," the same being an act to increase the bound aries of McLean county, etc. Counsel for plaintiffs contended that this act was void for the rea son that the subject of the aot was not expressed in the title, and to sustain this contention relied up on the decision in the Stark coun ty case. On, this point the oourt says: "We are agjjfettf' right of McLean cofnty^tp |^xeraise 2$s corporate authority over the terri tory added by%Jba 1891, is not "ftW to question This court heId~ihSfafe vs "Mc itaek .K MoLeanooo^y?^ ofl891that, beoanse of oontinned and general moein the ^oik C-' v^:.'.r: ''.^ p/ whether upon the application of a private relator or even upon ap plication of the state. But regard less of our conclu-ion announced in that case, in no event can' the attack be. sustained. The former was a direct attack. The present attac/c is entirely collateral." As will be seen by the above de cision the boundaries of the coun ty remain the same and taxes must be paid. Under the decision there is no way of escaping taxes, Goodrich Citizen. John Wittmayer, the townsite owner, has been a very busy man this week, selling. lots and Good-, nehis now on a boom unequalled! by any town in the country. Lots are being snapped up by well-to do farmers of the. vicinity whb will build and make their home in this little city, and who recognize the excellent school facilities af forded them here. Thos. Gullickson and wife, of Denhoff, took' possession of the People's hotel Monday evening and will conduct the same in the future having purchased the lease of F. W. Roberts Mr. Roberts will occupy the N. O. Branch house with his family and he in forms us that he will erect a build ing and open a meat market. Gottlieb Mauch began digging the cellar of his. new residence which he will build on his land just west ot the Martin i& .Buech ler elevator. It will be one of the. finest houses in town, we are in formed. CARRISON TIMES Adam Hannah, of the Savings Bank, of Minneapolis, Minn, who is president of the Farmers Bank of Garrison, spent several days in the city ai.d vicinity. Mr. Han nah is very much pleased with Garrison and the surrounding country. C. Y. Brown, of Gladstone, Mich, who has been appointed chief train dispatcher for the Soo at Bis marck, was a Garrison visitor las Saturday. WILTON NEWS. Mr. and Mrs. L. W. Farwell are recent arrivals in Wilton, and will hereafter make their home with their granddaughter. Mrs. P. K. Eastman and family. The little two year old son of Mr. and Mrs. Andrew Strand broke his leg above the knee this week. He was playing with a calf and got entangled in the rope and was upset by the frisky animal. This is a rather unusual accident for a Bwin.ll child. This little fellow i? expected to recover. .'. The wrestling match Tuesday evening between Max Breiiton champion lightweight of Ipwa, and Jack Murphy of -South Dakota wais well ^tended, a nmnbjBr of la dies being present to witness the qtortr By the terms of the Snatch, ,was to th|ow Brenton thnee times in an honr,liithe ,bii ^khaaiheoould mastkate. —d after vr^tling a iros iwbided. and for the reasons stated in the thrown in any match since he has opinion, it could not be questioned been in North Dakota, aricf it looks like he could make good any company A town meeting was called last was called the gia$grase.. of taking steps to have Jih^ leading to Garrisbn'irom'ihi and west imt in shape for this^fftirs ^business. Work will commenoe a# once. About $600 will be explode ed, which will put the, roads, in good condition. south Ilur^iy althemato K. unttierstood go sooie, vomatter TheUktef WASHBURN, DENHOFF VOICE. Adolph Klein, who has been em ployed as compositor on the Staats Zeitung at this place, has resigned his position and accepted a posi tion of traveling salesman for maps of McLean county, as published by the Klein Land Agency. Postmaster Johnson. of :MC: Clusky, has purchased the MaLean County Gazette, and will continue to publish the same at that place. Prof. Wasson of that pliaoe will be the publisher of the paper, and Mr. Johnson will do the heavy editors al work.' The Denhoff bancl is now organ ized and is making rapid strides in the musical field. The band 'is named the "D. F. 54" band. The boys should have the support of the citizens as. they intend to do all in their power to have a first class band C. L. Smith presented Denhoff with anew town pump and water ing trough for stocfc—complete— thiii wee£ ,. The well is several feet north of the old town well, and as the pump is fenced in the place will be a great convenience to the country people. Turtle Lake Wave. Herman Degler arrived in town last Monday with his steam break ing outfit. Mr. Delger has broken .between seven and eight hundred acres in the vicinity of Coleharbor with this outfit this season. Messrs Carrington and McLynn of DesMoines, Iowa, spent Sttfti day looking at the land in,our vi cinity. Mr. Carrington already owns some property here and both gentlemen are so well pleased with the country that they will in invest in more land. Mr. Thompson of the firm of Thompson & Lindquist returned on*Sati|jday from a trip which in glided Carrington, Mitiot, Velva and Bowbells. Mr. Thompson drove across from Bowbells and reports -the crops around Turtle tiake ttfe beBt that he saw on the trip. An order was received from the general land office at Washington, withdrawing, by order, of the act ing secretary of the interior, G. F. Pollock, twenty-seven townships on the Missouri Slope from entry under the public land laws. The townships included are as follows: Township 137, range 79 Township 138, ranges 85,86 and 88. Township 141, range 80 Township 142, ranges 79, 80, 84, and 85 Township 143,ranges 80, 81, 83 Township 144, ranges 81, 84, 87 and 89 Township 145, ranges 84 and 86 Township 146, ranges 82, 83,84 and 85 Township 147, ranges 83, 84, 85, 86 and 89. In the telegraphic order no rea son is assigned for withdrawing these lands from the markets but it is suria^KBd the withdrawls have been madj? pending invettigationjs. as to coal delxwito existini thronghoi^t^Tegibn. N early ml the government lagd in tiuie imnAipi lii alieadf been ffl^dipioaiid mnqh-ot been thUo isdjoining ,4- 'V NORTH DAKOTA, AUGUST 10. :r Jmakes, hl„:. ftftl ki Washb&d min&s in Burleigh county, three townships in Oliver county, four in Morton county, (two at Sims and two put near Heast Butte), five in Mercer county inducing ther"WaShburn township and the country around Turtle Lake and Stevenson. One of the townships is included in the Ft. Bertholdi Indian reservation, which must be a mistafce. Two or three. town ships in this order are also in the limits of the old Ft. Stevenson reservation now deedsd to Black and associates under sail made a few years ago. The Soo Line's New Mileage Book. Always in the lead in originat ing new conveniences for the traveling public, the Soo line tow comes to the front with several new mileage books, which are at tracting a great deal of well merit ed attention as they are great avers for anyone who uses the -ne of the Soo to any extent. Ihe new 5000 mile book is sold it $100, two cents a mile 3000 mile oooks at $j50, two cents a mile 2500 mile book at $56.25. 2J cents a mile, while the old form 1000 mile books remain the same $25, but is made interchangeable. ,Tee new books ought to make money for the company, as noth ing in the line of tickets has ever ippeared, which has proven so popular especially among the traveling men: They 'nave also gotten out an asj sortmeafc. ai e*oees baggage books whichire wM, at: reduced,rates. $60 in conwns can be purchased for $48,? Ttf', •4W»"•••!* l' $30 in boupdtts for^a*.wx:* V'XV'M-.':#.. f.i i.' -, .. .:• f. 'W-' W'i ify? Here Are Some BARGAINS! 1 p2*H. P. Minnnapolis Simple Engine $500 1 p. Nichols&Sbepard Simple Engine $600 1 P. J, I.'.Cave Simple Engine $35,0 1 |4-H. P. Giant Simple Engine $350 ,1 §^-H. P. Buffalo Pitts Simple Engine $900 1 |2-H. P. Advance Simple Engine |$900 have second-hand Separators of {different and all different sizes, and all are in good running order. Thfese are Snaps which you can see for^Jyourself after examining these engines and will jsell them practically on your ownj|term. If interested call at my office or write me, and remember in new goods I sell the renowned Buffalo Pitts Engines and Threshers. J. G. NESS, ...LOCAL AGENT... WASHBURN, NORTH DAKOTA. i|. Capital $25,000 Surplus $15,000 't? Il&ictooupphs for 912. eqhU 'fc-?* wR ..BEST.. ADVERTISING MEDIUM. $1.00 PER YEAR. 6 s&tTw URSELPI*1 First National Bank.. Frlitklln E. ipnk, Cashiers .b FIRST «0*ONLY Natieoal Bank... ..In McLEAN COUNfY WASHBURN, N. D. WE CAREFULlfV GUARD Customers' Interest In eviery Legitimate Way ALL BUSINESS TRANSACTIONS with the Bank regarded Strictly Confidential Years of Experleoce. Soundness of Principle. Liberality of Treatment. Security of Funds. Safety of Investment. Economy of Management. Before Insuring Your Property Against Fire, Hall or Cyclone Call on (Js to Get Glose Rates. Safety Deposit Doxes You have the Only keys Gontractor and Builder PICTURE MOULDING AND FRAMES WINDOW CLASS AND SCREENS, COFFINS, CASKETS, FUNERAL GOODS. WASH BUR IH,.~ NOfeTJI DAKOTA. for Rent, $2 Yearly a REED jJajjiaBBia THE LEADER FOR FOR OOOD VALUE FOR YOtiR MpNEY ADVERTISE INTHE WASHblIRN LEADER^ S •. tr.: X' •Sr? 1V§ 1 v. .i -J Su Ti!«r! m.'IT ft ^5 5 'JoeJie 1 4 ,S' i, 5s.il