The Worthington advance. [volume] (Worthington, Minn.) 1874-1908, 1879-12-25
LITTER FIR q II TITO lfNEY
IL OHRE Il. ss.


4sIETTE1e FR D u 1'lO j, RN NJ;
Il o HRE
His Vier Of The Mutte,,-IHis Election,
Contest Purely a Pirate Matter and
! None Of the: Peoples Ftnerat The
| Printing also P,ivateano ,.ot County
Printing. Il Z. szz=ss: js--@.'
EDITOR ADVANCE: A word of ex-
PLANTATION relative to the pending con-
tests would, [ think, correct the IDEAS
that some have, and perhaps save some
from fallin: into future errors. The
contests are not matters IN which the
! public, the county, or the county au-
thorities have any part or any interest,
more than the general interest they may
have in any ordinary lawsuit. The con-
tests are rs purely private suits or pro-
ceedings, lis If they were over the pos.
session of !. yoke of cattle. There are
forms in which they might have come
up, and perhaps yet may, in which they
would become purely public. III such
cases the Attorney General of the State
contests them. The statute requires
that "all test imony be taken as in civil
actions, and That the contest be heard
and tried Ivy the Court, and the costs
therein taxed by the Court III the man
her that civil actions are heard and
tried" Bisself, page 178 Sec so.
Eaci, party then must foot his own
bills anu the defeated party pays the
whole cost. The county is not liable
for any part Of the costs. The county
must furnish room, fuel and lights to
try these cases the same us it must fur
niSl them to try any other cases, and
this is the extent that the county can
he c|arg, Il; and it is safe TO say that
ten dollars will cover all such expense.
Again: you are in error in saying that
the ADVANCE is the official paper of
The. county, and in assuming that il it
were. the County Commissioners can
dictate that orders Or papers ii, Il pure
~ private lawsuit, requiring publica-
tinn, must lu' published AS they direct.
They might rs well assume to dictate
where II summons should b. published.
There is TO such thing known to tile
law rs al official paper of the county.
The Board ar" required to Designate !,
paper to publish the summons III appli-
cations for Tax Judgments. They
have also all undouEttd right to con-
tract with Il person to do the printing
and publish such 10: ICES rs the Board
may give or may direct some officer I'M
der its control to give ;,d it is the duty
ut such ctlicers to follow such orders.
and believe there Is no complaint on
this scare. But Judge Dickinson
makes this o:drr. TIE County Com
missi"ne!s do not make 1t nor have
they The slightest right to compel him
to make it.
The order for the special term was
applied for by me, expArte. No notice
WAS given Of it to the tier side. | WIS
entitled to the order lis Il matter OF
right. - S:,cl, txIa:te orders are always
sen, IT, the attorney applying for tllein.
Ehe Judge seLt it to ,lle ii. the ordina-
~ course Ut such business. did not
receive it uHtil 3 n'clock Wednesday,
having l.:', out of the village. In the
matter Of publishing it. I obeyed the
orders or suggestion IF the Judge ac-
commanyiny it. 1t was essential that
it be published in the issues OF Dec. I'd
inst. One reason that the order came
t. me WAS to insure its publication that
day. Without Intending to even init
mate that the order would not have
b en p,l,liS:td had handed it to you,
or trusted to Mr. Carrier. l do feel free
t. say, that acting vi general princi-
pies. and with common prudence, | did
not feel Safe in risiSing the fate Of the
Cont es's by tn,rusting the publication
OF the order t. my elleni.s Surely no
prudent lawyer. would hand i paper,
that must bu Served or Il given day, to
his most o1'e: and avowcd enemies, to
serve. Had it been q paper that the
Board CT Commissioners had sent me,
it would he different.
III fine then, this order was one in
matter purely private, between parties
fighting over the right to an office, but
Whic|, is just tile same, us If it was the
right t" Il house. It WAS an exparte or
der, that the opposite side had 10 claim
to know of, or to control. It is like AL
oder to show cause. All they have to
10 with it, is to appear and defend, or
let judgment so against them by de.
fault. It is not an order for Il special
term at which any citizen may have 4
case tried. 1t is Il special order for a
special term for the trial ofspecial civil
proceedings; and the party applying for
it must serve it originally at his own
expense. and recover it if he can by
gaining his case and taxing the service
against the defeated party. The Coun-
y is not bound to pay for the publica-
ton Of this order.
One word to clear myself. I filed the
order with MIR. Carrier for the benefit
Of I'LL concerned, within IN hour after
it reached me. lie could have furnish
ed you 81 copy by o'clock Wednesday
hal he thought necessary or thought
proper. He, asa favor us was mllcl,
hurried. served the order for me on the
Auditor and the sheriff. as Il matter
If prrcantion, seeing that each, called
on him ut once for it. And in publish
ing it in the Journal. I not only had
the general right 10 do so, but | was
authorized by one who had authority to
speak and 10 81 ]rct the paper in which to
i'nh!is'I it: and inform Il Mr.. G.. that
had put it in the Journal and left linn
my authority for SO doing, Because
this is contest over Il cornty election
and County officers. and the County
Attorney happens to be attorney on
one side. it il, no wise follows, us some
think. that it is county charge, con
dnctea at the expense Of the county, or
that the County Board have the right
"r resume to have the right to require
all the printing needed to be done by
| the county paper. YoURs &c
DANIEL ROnRER.