Bismarck weekly tribune. [volume] (Bismarck, Dakota [N.D.]) 1884-1943, 1894-09-14

nefarious plot has been Matched by De-
tective Erlichman, which will be fully
disclosed in due season. He will not
waive examination before the commit
ting magistrate, but will have a corps of
lawyers there, who will save further ex-
pense to the county by clearing him.
He says he still believes there is q God
above who will see that Justice is done
and the innocent protected. II is prob
able the preliminary hearing will not be
be held for ten days or two weeks.
The Minneapolis Journal publishes
another chapter in Kent's career, and
says that T. D. Allen, formerly Of Med
ina, O., knows Kent we'll, and has writ
ten to the Journal a complete account of
his doings in Medina, where he was
known al w. W. Pancoast. Pancoast
wal the cashier OF the Commercial bank,
which was a state bank, but was later
made q national bank and it's name
changed to the Commercial National.
He retained his old position and eventu-
ally married the daughter of a wealthy
resident of Cleveland, the proprietor of
the Forest City hotel. He enjoyed the
confidence Of all who knew him, had a
fine home, a loving wife, his business
was prosperous and his future most
rosy. A few months after the National
bank had been organized, Pancoast was
missing, and the combination to the safe
changed. When it was opened, every
dollar of the capital stock and the de-
posits was gone and the bank was wreck
ed. Mrs. Pancoast returned to her par
ents almost distracted by her husbands
crime, and later secured a divorce.
Drainage Law Passed Upon.
An important decision was filed in the
supreme court last Tuesday, affecting
the drainage law, passed by the last
legislature The action arises out of
the case Of Terence Martin of Cass
county against the board Of drainage
commissioners of Cass county, to enjoin
them from the construction of a certain
ditch, under the law; against the treas.
urer of Cass county, to enjoin him from
the payment of a certain warrant FOL
damages, arising out of the construction
of the drain, and against the county
commissioners, to enjoin them from issu
ing bonds for the construction of thu
drains. The case was brought, in short
to test the constitutionality Of the law
and in the district court, the defendant.
and respondents made answer, alleging
strict compliance with the drainage law
which is Chapter IS, Laws of 1893. II
this the plaintiff demurred, the demurre:
was overruled, and the case appealed b.
the plaintiff. The decision of the su
preme court is that the law is unconstl
%tutional, and it reverses the decision O
the lower court, and directs the grantin,
of the prayer of plaintiff. The import
ance of the case is considerable, rs Gas
has already issued $4,000 worth 0
bonds, Pembina county $4,000, and sew
eral drains have been constructed, whicl
acts will be nullified by this decision o
the court. The syllabus of the decisio,
is as follows:
A statute was entitled San Act to Pre-
vide for the Constructing and Maintain
ing of Drains in this State" 1t provided
inter ALA, for the appointment Of a drai
commission and vested in it the powers O
theact. 1t provided for the levy of special as
sessments to pay for the issuance OF count,
bonds to meet such expenses, and for tn
creation of a sinking fund to pay sucl
bonds: Held: not vulnerable to the const
tutiOnal objection that the bill embrace
more than n subject, or that the subjec
was not expressed in the title.
Creating such drain commission and vest
ing it with The powers of the act did nj
violate Sec. 172 of the constitution, whic
declares that the "fscal affairs of tn
county shall be transacted by a board O
county commissioners.
Under Sec.l4 of the constitution of Mort
Dakota which reads: ''Private propert
shall not be taken or damaged for pub
lie use without just compensation havin,
been first made to, or paid into court fo
the owner, and no right of way shal
be appropriated to the use of any corpora
ton, other thar municipal, until full con
pensation therefor be first made in none
or ascertained and paid into court for tn
owner, irrespective of any benefit from an
improvement proposed by such corpora
ton, which compensation shall be held b
a jury unless a jury be waived" HELD
} that private property cannot be taken ft
public use, for right of way, without jus
compensation in money being first made I
or paid in court for the owner, even thong
it is sought to be taken by a municipal
corporation.
Further: Payment by an order draw
by the drain commissioners upon the drail
age fund, which order the statute declare
shall be deemed a sufficient security fc
the amount thereof" was not such pay
ment as the constitution requires.
Further: That since the statute faile
to provide compensation as required by tn
constitution the power of eminent domai
could not be exercised under the statul
and shorn of the provisions relating to til
exercise of the right Of eminent domai
the statute becomes so incomplete and in
efficient that We cannot presume that tn
legislature would have passed it thus en-
asculated, thus the entire statute mu.