Bismarck weekly tribune. [volume] (Bismarck, Dakota [N.D.]) 1884-1943, 1893-12-15

Messena B. Erskine vs.. Nelson County
involves the validity of a number of
county warrants issued by the defendant
county in the early history of the same.
Soon after the organization of that coun-
ty the commissioners issued a large
number of warrants in payment of road
and bridge work and ether expenses of
the county. 1t is admitted by the
owners of the warrants that they we're
originally illegal and void by reason of
the fact that the expenditures at the
time were in excess Of the amount which
could be provided for by the current
ven of the county from the tax levy
Of the year. In the winter of 1885 the
territorial legislature passed an act au-
thorizing the commissioners of Nelson
county to fund it's outstanding indebted
ness and to issue bonds in an AMOUNT
not exceeding $4,000. At that time the
warrants of the county not paid amounted
to s29,995. Acting under this statute
the commissioners proceeded to issue
the bonds of the county and redeem the
outstanding warrants. An injunction
was obtained and the issuance stopped
on the ground that the act in question
authorized the beard to fund only valid
indebtedness and not the warrants that
were confessedly tainted. The trial
court held this view and that the act did
not legalize the warrants therefore in
valid. Reserved and lower court di-
rected to enter Judgment as prayed for
in the complaint. Newman and Resser
for plaintiff and appellant; W.. H.
Standish for defendant and respondent.
Opinion by Bartholomew, G. j.; dis
sented to by Corliss, j., who holds that
the judgment should have been affirmed.
Syllabus as follows:
legalize void evidences of municipal
Indebtedness the purpose to validate them
must be clearly expressed by the legisla-
ture or be deducable from the statute by
necessary implication. The statute re-
ferred to in the opinion examined and held
to SO far validate void county warrants
| heretofore issued that the plea Of ultra
| wires could not thereafter be interpOsed as
a defense thereto.
N. O. Granholm, by A. E. Sunderland,
guardian ad Item, plaintiff and appel.
liant, vs.. G. Sweigle and G. F. Sweigle,
defendants and respondents. Appealed
from Richland county, wherein the plain,
tiff Sunderland was adjudged guilty OF
a contempt of court in refusing to pay
certain court costs incurred by him IN an
action wherein he appeared for the in
FAINT plaintiff. Reversed and action
ordered dismissed. W.. E. Purcell for
appellant; Curtiss Sweigle for respond
ents; opinion by Wallin, j. Syllabus as
follows:
Section 5000 reads: ''Where costs are
adjudged against an infant plaintiff the
guardian by whom he appeared in the &C.
ton must be responsible therefor and pay
ment thereof may be enforced by attach.
ment." Constituting said section, Held,
First: That the obligation of the guardian
to pay such costs arises upon the law aud
does not in any degree depend upon all or.
der of court directing the guardian to pay
| such costs. and hence where such all order
is made it cannot be enforced by a pro.
ceeding as for a contempt of court against
the guardian. Dis0bedience Of such an or
der does not constitute a contempt of court
Second: NOca. ga. attachment proceedings
such as exist in the state of New York
have been authorized by any statute in
this state whereby a guardian can be taken
into custody and imprisoned for the non
| payment of such costs; Third: The non
payment of such costs does not constitute
a tort or a fraud within the meaning of
Section Is of the state constitution and
hence the omission to pay mot being a
contempt of c0urt) would not authorize a
court to arrest and incarcerate tile guardian
for nor. payment upon any civil process
whatsoever.
Accordingly, Held, further Where in such
case after entry of judgment for costs
against IN infant plaintiff, the district
court, after hearing the guardian upon All
order to show cause, ordered that the
guardian be imprisoned in the county Jail
until the said costs were paid, that sueh or
der was without warrant of law and null
and void.
"A NlOOU fnySlCIttns
lie is the best physician who takes
advantage of any remedy that offers the
right kind OF relief. Some medicines
relieve, but for the moment only. Their
ultimate effect is to increase the suffer.
ing.
Allcock's Porous Plasters are a un-
iversal favorite with good physicians,
and are always recon mended by them
for local pains of every kind. In ali
cases of lame or weak back, stiffness of
the JOINTS, rheumatism, indigestion,
kidney trouble, they are by far the best
external remedy. Not only do Allcock's
Porous Plasters relieve pain, but they
have no after ill effects. They are good
only good, thoroughly good.
Brandreth's Pills rectify the secretlons.
The exhibits from the North Dakota
building have arrived at Fargo, and will
be distributed from there.