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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
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