Bismarck weekly tribune. [volume] (Bismarck, Dakota [N.D.]) 1884-1943, 1890-05-02
HELD FOR TRIAL.
Judge Winchester Decides that Com
missiOners Healy and Ecklund
Must Stand Trial. /
The Court also Ordered That They
Pay $25 to the Plaintiffs
Attorneys.
The Judges Decision.

1t is now decided by the court that
Messrs. Healy and Ecklund, the ousted
county commissioners, are out of Office dur
ing the trial and determination of the BLY,
case and until such case is settled they
have nc interest whatever in their offices,
The decision rendered by Judge Winches-
ter yesterday afternoon was no surprise.
He has given the matter the most careful
and patient consideration that he might
reach a just conclusion, as it is possible
the case may be carried up to the supreme
court. The following is the full text of the
courts order:
STATE OF NORTH DAKOTA, In District Court,
COUNTY OF BURLE1GH. {Six,h Judicial Dist.
Eber H BLY, plaintiff, vs. Anderson Healy and
John E. Ecklund, defendants.
An order having been made by the court
in the above entitled cause on the 2Srd day
of April, 1890, requiring the above named
plaintiff and his attorneys to show cause on
joining and restraining the defendants
from the performance of the duties and
functions pertaining to the Office of coun-
ty commissioners of the said county of
6urleigh, until the trial and determination
of the above entitled action, should not be
rescinded and set asideIand the said defend
ants and each of them be freed and re-
lieved from the force and observation of
the same and each and every part thereof.
And the attorneys for the plaintiff and
defendants appearing on the 25th day of
April, 1890, at the hour of eleven o'clock a.
m. and the court being engaged In the hear
ing of another matter, the hearing of the
said order was continued until the 28th day
OF April, 1890, at 2 o'clock p. M, the court
being still engaged in the hearing of
tinued until the Goth day of April, 1890, at
the hour OF 10 o'clock a. m, the said order
to show cause coming in to be heard, and
after hearing NJ. j. Edgerly and j. F.
Fhilbrick on behalf of the plaintiff. and O.
on behalf of the defendants,
and it appearing to the court that. an
answer to the complaint had been served
upon the attorneys for the plaintiff on
the 18th day. of April, 1890, and that said
answer had been filed with the clerk of
said court, and after considering the said
answer and the afidavits heretofore filed
in said action, and it appearing to the court
from the said answer and the said atfida-
Wits that there was no new point raised in
said answer thai had not before been nre-
sented to the court, and the court having
taken the matter under advisement, Now,
on this Both day of April, 1890, it is ordered
that upon the consideration of the CON-
plant, attidavitS and answer, and upOn all
the facts therein disclosed and shown, the
order made and issued out of said court in
said action on the 9Th day of April, 1890, be,
and the same is hereby continued in full
force and effect. And it is further ordered
that the said defendants pay to the attor-
neys for the plaintiff the sum of twenty-five
dollars, attorney fees.
w. II. WINCHESTER, Judge.
Attest:
EDWARD S. ALLEN, Clerk.
[sEAL]