Bismarck weekly tribune. [volume] (Bismarck, Dakota [N.D.]) 1884-1943, 1890-04-04
That is the Action Brought Against
County Commissioners Healy
and Ecklund.
The Complaint Verified by E. H.
Bly,, One of the Leading
Taxpayers.
Synopsis of the Document Against thu
Commissioners Which is Veri-
fed by E. H. BLY,.
The Governor Sends in Two VetOes
and a Half-the Latter the Bis
marck Penitentiary.

marck Penitentiary.
MaladlninistratIon and Corruption.
A complaint against Messrs. Healy and
Ecklund has been made. issued.
filed and served, to remove them from
Office and IN order made OH them to show
cause on the 5th day Of April at 2 o'clock
p. M, why they should not be suspended
until the trial and determination of the
action. The nature of the complaint, which
is verified by E. II. BLY,, is gross partially,
offensive corruption and wilful maladmin-
istration in Office; also the wilful mutilla.
ton of the public records. This promises
to be an interesting case. The high
handed in which the affairs of this
county have been run lately demand heroic
treatment. The complaint is verified by
T. H. BLY,, one of the heaviest tax payers
in the county, which is sufficient guaran-
tee that there will be no halfway business
about it.
Ii Commissioner Injunction Case.
The complaint sets forth and alleges'sub-
stantially as follows:
That Anderson Healy did on the 9Th day
of January 1890, unlawfully, knowingly,wil-
fully and maliciously destroy, deface and
alter the county records of the county of
| RnrlaiUh than in tho nnScnSSinn nf u p
Marsh, auditor; that he mutilated and de-
faced county warrant No. 1854 for the
sum of $1O9.50, drawn in favor of F. V.
Barnes, which had been duly allowed and
audited.
81 4 s similar nil r. charge "a s. rssa aa aego a bill, for
TRIBUNE, which had been duly allowed
and audited.
That the Observation-Disclosures HeaIy
and John +. Misunderstanding a ma
jority of the board of county commissions
ers. on the 9Th day of January, in disre-
gard Of their oaths of office. duties and
obligations as such commissioners, wrong
fully and unlawfully, and for purposes of
personal spite and malice, usurp the pow
ers aud jurisdiction of the district court of
SAID county and did unlawfully and will
fully attempt to disorganize the civil town-
ship Of Painted Woods, by trying the legal
ity of the organization of said civil town
ship and pronounced Judgment thereon.
That the assessed valuation of lots Z and
8, block Is, Northern Pacific addition, for
the year 1889, was 5 1,10O; that the valuation
of the west half Of lot 10, block 80, city of
Bismarck, was $500; that of southeast quar-
ter of northwest quarter section 80, town
equalization of said county remained in
session from the 1st day of July, 1889. until
the 2Sd day of July, 1889, and that there was
no petition, application or other commune
cation presented to said board of equaliza-
ton complaining of the assessed value of
the said lots and lands or asking for a re-
duction of the assessed value OF the same;
that the said defendants, on the 9th day of
January, in disregard of their oaths of
office, duties and obligations as county CON-
missioners, ig%nOrantly, wrOngfully and un-
lawfully reduced the assessments in the
aggregate $3,025, thereby causing great
damage to the owners of adjoining proper
ty and defrauding the county out of its
proper revenue, against the earnest protest
OF the other member Of the board; that the
personal property OF o. s. Golf, assessed
at $125-without any application for reduc-
tion-was reduced to $75; that the said
lowed a rejected claim of $1,000 of said
Healy for team hire; that they allowed a
similar rejected claim of $6S.90, of one
Bourgeois for pretended bridge work, said
work being unauthorized.
The complaint then goes On to recite
how the defendants-Healy and Ecklund
poses of personal spite declared a vacancy
letting out F. V. Barnes; that they then
wrongfully and unlawfully appointed F.
81. Register; that a similar proceeding was
had on the county superintendent of
schools.
The complaint winds up as follows:
That the management and performance
of the affairs and the transactions of the
public business of said county of Burleigh.
by the said defendants Anderson Healy
and John E. Ecklund, has at all times, dur
ing the period Of time that said defendants
AVE been acting as u county commits
sioners as hereinbefore set forth, been
characterized by a disregard and contempt
of law, a disregard and contempt of their
Oaths Of office, a disregard and contempt
Of their duties and obligations as such
county commissioners; by a wasteful ex-
norance Of the duties pertaining to their
said offices. appalling to contemplate;
that they have peddled out the patronage
OF the county to their personal and polit-
lcal friends. as a reward for their personal
and political services; that the property
Of said county is being wasted and sacri-
and they have, in disregard and contempt
of the rights and interests of the people
Of the county and in fragrant
violation of the law, increased
the public indebtedness Of the county
and have thereby impaired its credit and
deprecated the value of its securities
against the earnest protest Of the other
! member Of the board of commissioners;
that the defendants, in short, are guilty of
gross Partially, offensive corruption and
Wilful maladmlnistration in office.
Wherefore the plaintiff demands the
Judgment Of the court, that the said de-
PENDANTS, Anderson Healy and John E.
Ecklund, be removed from the said office
Of county commissioner and that they, In
the mean time, and until the trial and de.
Termination of this action, be suspended
and enjOined and restrained from the per-
Torrance Of the duties and functions per-
tanning to the said Office of county commits
sloner OF the said county of Burleigh and
for such other and further relief in the
premises as the court may see just.
The plaintiffs attorneys are Messrs.
Edgerly and Philbrick. #
The Judge ordered that the defendants