The Dickinson press., 1901-02-23
SETTLING WITH 8. P'S.
a Letter From Bossrd { Bosard Expssiains
Some Ihlngs That He'd not Been
Generally kaown.

.- 1~OsssO tHNH
Generally Known. !.
When the bill making states attorneys
tn. only public prosecutors, to have
c 4arge of all cases unless removed for
cause, was up for discussion IN the SEN
ate, Jud LaMoure caused a good deal of
interest by the introduction of the follow
ing letter:
Grand Forks, N. D., Sept. FL, 1900
w. ]. Burke, Esq, Bathgate, N. ID.
Dear Sir: Some time ago we COM
menced twelve actions against drug
stores in your county in the name of the
state at your relation. The papers in
these cases have been served, and the
sheriff we notice by his returns charged
Sloo.55 for serving the papers in all
these cases, which we presume he has
presented a bill for to the county and
had the same paid.
In three of these cases we effected set
Elements, using our own judgment as you
advised US to in regard to the matter,
and have settled the cases on a-basis in
proportion to the actual facts that existed
and the case we had against the parties.
In the case OF the state VS.. Albert G.
Ulm of Cavalier, we settled his case up
on the payment Of $3.50 by him and the
cancellation Of his permit.
In the case OF H. S.. Dickinson of
| Crystal we settled his case upon the can
collation. of the permit and the payment
Of 500, and in the case Of state against
e. w. Marshall of Cavalier, We settled
that case upon the cancellation of the
permit and the payment of 500, so that
from the three cases which we have set
tied in Pembina county we have received
S45o. We have paid out of this an at
torney fee in each of the three cases of
$50 apiece, making $50. This is the
amount we have been allowed in such
actions in other counties and the amount
we believe without any question we
would be allowed by the judge IN such
case when settled prior to trial.
We have also charged and paid out of
this amount the sum of 500 to the secre-
tary of the league for his expenses in the
Investigations which have been had of
the drug stores and the necessary ex-
penses in investigating the matters per-
sonally before the actions were COM
menced. We allowed him $50 in the
Albert G. Ulm case and S35 in the other
cases. This is less than he was allowed
in the Walsh county cases, as in those
cases he was allowed and paid the sum
of $50 in each case, but the payment to
him of this 500 does not more than pay
the actual expenses he has been to, and
when the other cases are settled or tried
and anything realized on them, we can
then consider what further sum he shall
receive in these matters. This is a bal
ance of $500, which you will see is twice
the amount that the county has been to
the expense OF,
OF course, we have not yet file ' any of
the cases with the clerk Of court, but
even when that is done the clerk can
make no charge against the county as he
is under a salary, so that this covers all
the actual expenses that the county will
be to in these cases.
We enclose you a draft payable to
yourself as states attorney tor the rum
of $500, and you can use your own judg-
ment in the application of the same.
The county should be reimbursed for
these sheriff fees which they have I'M
doubtedly paid. If they have not been
paid they should be paid and the county
reimbursed out of this money. The bal
ance of it goes into the school fund as
provided in tine statute,
There Is considerable question whether
or not a recovery can be had in these
cases if they are properly defended. The
point has been raised on US in Trail
county before Judge Pollock. We have
not briefed it but we are of the opinion
that perhaps no action will lie to recover
more than actual damages, which in
these cases does not amount to more than
nominal. Yours respectfully,
BoSARD & BOSARp.