Bismarck weekly tribune. [volume] (Bismarck, Dakota [N.D.]) 1884-1943, 1893-10-20
WHO'LL GETTHE FUNDS|
The Mandamus Case Against the
Treasurer Comes up for Hear
ing Yesterday.
Argued at Considerable Length
Before Judge Winchester BY
the Attorneys.
Decision Will Probably be Had Some
Time the Latter Part of the
Week.
Taken Under Adjustment.

Taken Under Advisement.
The mandamus case of the State vs.
Knud j. Nomland, as treasurer thereof,
an action to compel the latter to deliver
over to the banks which have been
designated by the state board of au-
dltors as repositories, their proportions
of the state funds, came up for argu-
ment before Judge Winchester in cham
beers at 5 o'clock last Monday. The case
has excited considerable interest about
the state, and is of especial Importance
to the banks which have bid for state
funds, and would like to see a few ma
terial results.
Attorney General Standish opened for
the state yesterday afternoon, and set
forth the particulars of the case. He
particularized the actions of the board
Of auditors, their designation of certain
banks as repositories, the refusal of the
state treasurer to comply with the orders
Of the board, and prayed for an order
from the court, compelling him so to do.
Mr.. Barnes, for the defendant, made
answer, and said the treasurer had not
complied with the orders of the board
for several reasons, as follows:
He held that the law was unconstitu-
tional, as it's title. Gan Act Creating a
State Board of Auditors and Defining
the Duties Thereof" was not in u suffi
Gent measure explanatory of the body of
the law; that the act contained also pro-
visions as to the duties of the state
treasurer and governor; and that, under
the constitutional provision, as much of
the subject matter of the law as was not
stated in the title was invalidated and
not operative.
Also, the law provided that the funds
should be deposited in the several banks
in the name of the state Of North Da-
kota, and provided no means by which
or person by whom the funds could be
drawn out. This portion was too indef-
mite.
That another law, chapter 96 of the
session law of '93, had been passed at
the same legislative session, defining the
duties of the state treasurer, which con-
aicted with chapter 48, the one under
contention. That both laws could not
be operative.
Last, that the law, chapter 48, did not
pass the legislature by a bill passing
both houses. That IN the senate it had
been amended to read "Jan. L, 1896" as
the time it should into effect, and that
upon the final disposition of the bill in
the house, the bill was passed as origin
ally written, the amendments and cor.
rections of the senate not having been
read. He offered certified extracts from
the house and senate journal of proof of
these statements, and cited decisions
and authorities to prove chat in cases Of
the kind such evidence was better than
the enrolled bill.
Attorney General Standish objected to
the introduction of the exhibits, claim
irg the enrolled bill to be the best and
only evidence, and so offered it,. He
then made reply to the answer of the de-
fendant, which was objected to by the
defense, averring that the bill as now on
record, wa the only law Of the kind
passed; that he believed at some time
in the passage of said law some person
Interested went to one of the enrolling
clerks and got him to insert lines post
poning the effect of the law until Jan. 1,
1895, but that the interlineation was
discovered and corrected in due time;
and he further denied all Of the allega-
lions of the defense.
Judge Winchester took the matter
under advisement, and will meet again
with attorneys on Friday and announce
his decision either Friday or Saturday.
Safe, Sure and Speedy.
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