Bismarck weekly tribune. [volume] (Bismarck, Dakota [N.D.]) 1884-1943, 1890-04-11
That is the Decision Rendered by
Judge Winchester in the
Commissioners Case.
An Overwhelming Avalanche of Au-
thorities Cited Sustaining the P0-
sitiOn of the Plaintiff.
The Reckless Despoiler of County
Records on the Highway to JUS
tice for His Lawlessness.
Something Dropped.
From SUNDAYS Daily

1cSCcIudy dlCcIuOO0, UcIOEo JuUko VIII
chester, Messrs. Healy and Ecklund ap-
peared to show cause why they should not
be removed from their Offices as county
commissioners. Messrs Jamison and
Hanitch appeared for the defendants in
the suit, and Messrs. Edgerly and Phil
brick for the plaintiff, MI. Bly,.
Mr.. Hanitch opened the proceedings and
said that the defendants expected to be
able to show the court that the complaint
and afidavits were not sufficient to sustain
a restraining order.
Mr.. Edgerly urged that the other side
must file an answer or a demurrer to the
complaint.
Mr.. Hanitch said that he expected to
show that the complaint filed by the plain
tiff was not sufficient, and until the plain
tiff came in with a proper complaint the
defendants were not compelled to answer
or demur or make a showing. Of course
before the court could make an order
finally Diminishing the complaint, the de-
tense would have to bring a demurrer or
some other proper motion or remedy.
Mr.. Edgerly: The gentleman must an
swer or demur to this complaint or make
some motion.
Mr.. Hanltch: We have thirty days in
which to answer or demur:
Judge Winchester: l have requested the
stenographer to attend, as this is an I'M
portant matter and perhaps you had better
make your motion and l will consider it.
Mr.. Edgerly: l object to any further
procedure on the part of the defendant
until they answer or demur to this COM
plant, or set up a motion for continuance
upon proper grounds supported by proper
affidavitS.
Judge Winchester: l think for the pres
ent l will Overrule that objection and thus
give the defense a chance to present their
vie VS..
Mr.. Hanitch then read the complaint and
said that he intended to show that the COM
plant was demurable and could not stand,
and that an injunction could not be issued
upon it.. He then argued the matter
thoroughly, claiming that the complaint
was defective.
Mr.. Jamison then had a whack at the
cause for the defense, and although admit
ting most of the charges made for the
prosecution, claimed that they were such
little things, and were not big enough to
warrant the suspension of the defendants.
After discussing the case for about four
hours an adjournment was had until 8
8 o'clock in the evening.
At the evening session, Mr.. Edgerly pro.
ceeded to tear to pieces a number of aft
davits that had been read by Mr.. Jamison,
in which Messrs. Healy and Ecklund had
claimed for themselves angelic character
istics. Mr.. Edgerly said that this suit
was brought under section 1887 of the
Compiled Laws. and gross Partially. op-
pressive corruption and wilful maladmin-
istratlon in office were charged. He then
took up the complaint section by section.
He referred to Mr.. Marsh's testimony be-
tore Justice Hare to dlsprove the affidavit
lated a county warrant issued to the TR1B-
UNE company. Mr.. Edgerly claimed that
Mr.. Healy had now added perjury to his
other Otfenses' in swearing that he had not
mutllated a county warrant. Mr.. Edgerly
then took the complaint section by section,
and quoted a large number of authorities
to sustain the position of the plaintiff.
Mr.. Hanitch followed on behalf OF the
defense.
Judge Winchester then said that this
was a very important case and he had al.
lowed the attorneys to present it at cOnsid.
cradle length. Considering the urgency OF
the case and the hot blood so apparent on
both sides, he felt it to be his duty to con.
strue the law strictly. After carefully
weighing the authorities that had beer
passed up, and the arguments advanced
MS opinion was that a strong case haG
been made, and he therefore granted
the restraining order and suspended the
defendants from their offices as county
commissioners during the tendency of the
action.