The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1901-03-25
NORTH DAKOTA AFFAIRS
CASES OF GENER AL INTEREST TO
COME UP BEFORE THE ST.
PREME COURT
THE SALE OF SCHOOL LANDS
Speculation as to the Effect of Turn
ing Down POOIe-AppOintmen
Which the Governor
Has to Make.

BISMARCK, March 23.-(Special.) 1.-The
-pring term of the supreme court of the
state convenes at Fargo Tuesday, with
Judges Morgan, Young and Wallin on the
bench. This will be the first time Judge
Morgan has sat for the hearing of cases
since his election. There are about fifty
cases on the calendar. Under the law the
first session of the term, two weeks, will
be held at Fargo, and the second session
al Bismarck in April.
Some of the cases that will come I'D
for hearing are of general interest and
Importance. Possibly the case involving
the largest amount is that of Gans-Ros-
enbaum, the famous sheep case. that has
been knocking about from court to court
iii the state for eight years The case
originally involved the ownership of a
band Of several thousand sheep and
after the last trial before Judge Fisk,
Cans lost the case and paid over a judg-
ment of $2500j to the Rosenbaums The
payment was accompanied with an APP
peal to the upper court. and the decision
CT the supreme court at this trial will be
final There are a dozen lawyers re-
tanned on both sides of the case, the
counsel including former Chief Justice
Bartholomew of this city, and attorneys
from this state, st. Paul and Chicago
Another case Of Importance is that Of
Roberts VS.. The Fargo Gas and Electric
Company involving the legality of the
contract for street lighting between the
city of Fargo and the electric light
company. Judge Pollock held on the
trial in the lower court that the contracr
was valid and an appeal was taken.
Another case to be tried involves the
legality Of taxes collected bv Mercer
county on property in territory that was
once attached to that county by law. but
when was 2fterWard held by the SD
preme court to have been illegally at
tacned. Owners of stock brought suit 10
have the taxes set aside on the ground
that the county had no authority to col
4ect them. This case involves several
thousand dollars OF taxes.
Inc case of The State VS. Donovan
from Cavalier county, will be watched
with interest by the temperance element
OF the state. This is another of the on
Aorcement leagues cases against a drug
elst, who was arrested for alleged viola
uon OF the prohibition law. There is
question as to what damages can be COL
!ected from druggists bonds in case
ms violation of the law is established
ana the enforcement league is interested
in securing an opinion from the supreme
court on the subject
The state land department is making
preparatlon this year to sell about 100
OUO acres of common school land under
authority conferred by the last Iegisla-
ture. This land must be sold at a mini
mum price Of SO an acre, and the sale
OF TINS amount would bring in, at the
minimum price ST. 00001 to the permanent
school fund AS there is great demand
Tor the land and much of it will be sold
at price greater than the minimum.
the permanent school fund of Inc STATE
would be greatly enlarged by thes,1 saIeo
1t is also proposed to sell several Ihon-
sand acres of land belonging to the sew
eral state educational institutions, the
FUNDS TO be held in trust for the ins+itu
uons, and the interest from them paid for
the maintenance of the institutions II is
likely that the state board of university
ana SchooI lands VIII be applied to D,Ir-
chase the bonds authorized to be ISSUED
for several of the educational institu-
lions, among them the university, agri-
cultural college, reform school and neni-
Ientary. The aggregate of the bonds
authorized for these institutions is abonT
$35O,000 They are based on the lands of
the institutions, and the interest is guar
anteed by the state.
There is good deal of interest in DO
Iitical circles as to what effect the turn
ing down OF Poole, Gov. Fanchers private
secretary, for the position of assistant
state examiner. will have on the politics
III Stutsman county, which is Fanchers
nome county, The former governor
publican ticket for governor last sum
mer, that place be made for Poole. and
1t is stated that he was promised thai
Poole should have the assistant state
eXaminership or something as good, r
f. Wallace, of Jamestown. was also
promised the position of state examiner
Wallace got his place. and then came a
turmoil in Stutsman county, the result
of which was that Poole was turned
down and another man got the place he
was slated for. The report that Fanchcr
is coming back to the state has some in
terest in this regard, as he has always
been a political power in Stutsman coun-
ty.
There is also interest in what viii be
the result of the first meeting of the
new asylum board, when Mudgett and
Young take their places as appointees of
Gov White 1t has been generally
understood that the management Of the
asylum would not be changed, although
there will be some minor changes.
among them probably that of the
stewardship. 1t las been claimed tina.
IL G.. Proctor of Jamestown. who got
the assistant examinership in place of
Toole, was candidate for this place, and