Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1901-11-21
CASE Of JUDGE LAUDER |R
Continued from Page 2.

- ~ = 0SS e. - I'D
the respondent resting on this assump-
ton is eyasive and wholly INADEQUATE
The courts Judgment, as entered in
the case, is as follows: .
This proceeding came on to be heard
before this court upon issues of fact
Joined by the respondents answer to
the alternative writ. At the hearing
the respondent appeared personally
and was also represented by Tracy r.
Bangs, who appeared as counsel for the
respondent; Messrs. Freerks & Freerks
appearing for the plaintiffs.
Proofs were submitted on both sides
upon the issues in the case; whereupon
the case, after being orally argued,
was submitted to this court for deter
mination.
Now, therefore, upon consideration
of the evidence, this court finds that
the respondent the Honorable w. S.
Lauder, a judge of the district court
for the Fourth judicial district, has
failed and neglected and still fails and
neglects to perform the official duty
required of him by section 5454a, Re-
vised Codes of 1899, with respect to the
plaintiffs ase which are entitled in
this proceeding, which cases are at
issue and pending in said district
court; and it is further found that the
respondent has failed to show cause,
if any he had, why a peremptory writ
OF mandamus should not be awarded
requiring and commanding him to pro-
coed forthwith to request, arrange for
and procure the attendance of a Judge
of another judicial district of this state
to preside in said cases; and it appear
ing that plaintiffs have not a plain,
adequate and speedy remedy at law,
and further that the alternative writ
herein should be made final,
It is therefore considered, ordered
and adjudged, by the court, that the
alternative writ of mandamus herein
be and the same is hereby made per-
petual, and that the respondent pay
all costs in and about this cause ex-
pended, which costs and disbursements
are taxed and allowed at the sum of
1t is further ordered and adjudged
that the clerk of this court is hereby
ordered and directed to issue a peremp-
tory mandamus herein commanding
the said Honorable W. S. Lauder, as
Judge of the district court for The
Fourth judicial district, to proceed
forthwith to request, arrange for and
procure the attendance of a Judge of
some other judicial district in this
state ITO preside at the trial of the
causes entitled herein which remain at
issue and are ~undisposed of and in
which the respondent is disqualified to
preside; said ~peremptory mandamus to
conform in substance to the mandatory
features of the alternative writ. Said
peremptory writ to be served upon the
respondent herein personally by deliv-
ering to and leaving with the respond
emit a true copy of this writ and by ex-
hibiting the original writ to the re-
spondent. Respondent to make re-
turn ITO this writ within 30 days from
this date.
Dated this 21st day of November,
A. D., 1901.
By the court:
ALFRED WALLIN,
Chief Justice.
Attest: R. D. HOSKINS,
Clerk.
decision:
Mandamus proceeding. In the ex-
ercise of its experimenting control
over courts of inferior jurisdiction an
alternative writ was issued out of this
court n was served upon the re-
spondent in this proceeding. The
affidavit upon which the alternative
writ issued stated in effect that the re-
spondent had failed and neglected to
call in the judge of another district to
preside in the plaintiffs cases involved
herein and in which the respondent
was disqualified to preside under the
provisions Of section 5454a. Revised
Codes of 1899. Pursuant to the re-
quirements OF the writ respondent
showed cause by answer to said writ
before this court at a regular term
thereof which convened at Grand
Forks, on September II, 1901. Issues
of fact Were framed by the answer;
whereaipon both sides submitted afi-
davits and proof upon such issues and
4hono.ato,. ILL., :. aa4sau 49, c..,,.