Bismarck weekly tribune. [volume] (Bismarck, Dakota [N.D.]) 1884-1943, 1890-05-16
John w.. Jasper, Plaintiff and Respondent. vs.,
Arthur H. Hazen, Defendant and Appellant.

INV DIV, uuS0 1cluplcGOll, u Luo flrSC ulS-
trict sitting by request.
John W. Jasper, Plaintiff and Respondent. va,
Arthur H.. Hazen, Defendant and Appellant.
This is an attempted appeal from the
taxation OF costs herein as made on April
22d, 1890, by the clerk OF this court. The
appeal will not be considered. In the
opinion OF this court existing statutes con-
template that in cases originating in
courts below all costs and disbursements
stall be taxed in the lower court and that
it will facilitate the due administration of
the law to require suitorS in cases coming
to this court for review to tax the costs of
this court below after the remittltur has
gone down. The rules adopted by the late
supreme court of Dakota territory, which
permitted the clerk of that court to tax
costs, are abrogated by a rule of this court
MADE at the present term, which is as fol-
lows: "Ordered, that .he rules of the late
supreme cOur OF Dakota territory be and
the same are annulled and set aside, so far
az such rules require or permit the clerk
OF this court to tax and allow costs and
disbursements in cases which originate in
other courts aud come to this court for re-
view. Herr after the costs and disburse-
ments OF this court, in such cases, shall be
taxed in the court below, after the remit
titur is sent down to such court. This Or
der is to apply to actions now pending in
SAAA' e' " ~ ~ I u ucC
70 reasons above given we expressly
refrain from passing upon any of the
questions presented in the appeal papers.
IL IS proper to say: perhaps, that the pres
cnt members of this c0urt are of the Opin-
ion that the item of $118 should be allowed
and that the item Of So. 80 for filing alb
stracts and briefs should be reduced to the
amount allowed for tiling,9 abstracts and 9
briefs on each side, or to q all told. We
are of the opinion that the item of $47.3 80
should be disallOWed. In the absence of a
special order directing the clerk to send up
a transcript the original papers should
have been transmitted to this court. I'm
der section 52l7 of the compiled laws the
statute, except in cases where a special or
der is made, abrOgateS the rule recurring
the clerk of tho district court to send up
transcripts in all cases.
All concur.
The above opinion by Wallin, j. con-
tains an important order of the court mod
flying the rules Of the late supreme court
of the territory of Dakota.
Following opinion handedjdown on 18th:
The State of North Dakota, ex rel. E. O. Fausett,
plaintiff and respondent, vs.. Thos. J. Harris, as
kota, and L.. B. chamberlain. W. Il. White, +.
A. Blood, IT,: Walker and James K. Banks,
as the Board Of County commissioners of RAN
Rellants. Appeal from the district court Of
Ransom county.
Section 80 of the Revenue Law, approved
March IL, 1890, abolished the office of coun-
ty assessor and created the new office of
district assessor the instant the statute took
effect. The vacancy in said office. which
the county commissioners are authorized
to fill by Section 30, is the vacancy existing
before the election of any officer TO fill the
office, as well as a vacancy created after
the office has once been filled.
Section 10 of the Schedule to the Consti-
tuition providing that county and precinct
officers shall hold their Offices for the term
for which they were elected" does
not prohibit the legislature from abol-
ishing the office of county assessor before
the expiration of the term of the
county assessor in Office when the constitu-
ton took effect, the same being a legisla-
tive office.
Opinion by Corliss, c. j.