Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1903-06-27

Tho supreme court judges this af
ternoon decided upon a special term
of supreme court at bismarck, July II,
for the ebaring of the case agairs,
state Treasurer Mcmillan involving
tlc legalt, of the institution bonds |
Judsa Cnrliss and Attorney General |
Erich appeared before the ju Iges this
afternoon and filed statements as to
the necessity of the special session.
Petition of the Attorney General.
To the Honorable Judges of the
Supreme Court of the State of North
Dakota. the petition of C. N. Frich
North Dakota, and the attorney for the
plaintiff herein, respectfully shows to
the Court:
That the above entitled action was
commenced on the 10th day Of June.
1903 and a demurrer to the complaint
was interposed by the defendant upon
the grounds that the complaint did
not state facts sufficient to constitute
a cause of action; that the demurrer
was sustained, and from the order of
the District Court sustaining said de-
(. murrer the plaintiff has applied to
this court the action was brought for
the purpose of recovering the sum of
s 40. the amount Of money paid out
of the permanent school fund by the
yer of the State of North Da
kota, and the defendant herein, for
the purpose of purchasing certain
bonds issued by the trustees Of the
State Agricultural College. and author
lied by Chapter 127 of the Laws of
1901; that the claim of the State is
that the bonds so purchased were not
bonds of the State of North Dakota
as contemplated by Section 1862 of the
Constitution of the state; that If they
should be held to be State bonds, then
the board of University and School
lands had no right to purchase same
on the grounds and for the reason that
the limit of Indebtedness that the
State was authorized to contract under
the provisions of 1872 Of the Constitu.
tion had been reached at the time OF
the purchase of said bonds; that the
treasurer and his bondsmen are re-
quired to replace in the permanent
fnp ha WfuIIy
taken from said fund, namely. the sum
of $4,000; that the Eighth Legisla
tive Assembly enacted sundry bonding
laws, to-wit: Laws authorizing to
wit: Bonds for enlarging the Capito
buildings, bonds for the asylum for
the insane, bonds for the Industria
and Normal Schools, the blind asylum
deaf and dumb asylum. State univer
sity Agricultural College and Academ!
Of Science.
That the most Of the laws above re
ferred to authorizing the issue o
bonds are substantially the same il
terms as chapter 127 Of the laws o
1901 that all of the laws enacted b.
the last session of the Legislature
authorizing the educational institution
to issue bonds provide for the pay
ment of the principal and interest on
OF the interest and income fund ac
cnmnlated or to accumulate from tn
sale, rental, or lease of the lands grant
ed to the respective institutions b
The government of the United States
That heretofore and on or about tn
18th day Of March, 1903, the Boar
of University and School Lands, i
regular session, agreed to purchas
bonds of the State University to tn
amount of 100000. the bonds OF tn
deaf and dumb asylum to the amoun
OF $4,000, the bonds Of the State MOI
mai schools to the amount of $12o,ooo
mat pursuant to such action OF IN
Board Of University and School Land
The trustees Of the Normal School
Valley City, and Mayville, and tn
trustees Of the deaf and dumb asylui
at Devils Lake, and the trustees
the State University at Grand Fork
nave all entered into contracts io
The erection of buildings. and for r
pairs pursuant to the laws above r
ierree to authorizing the issue
bonds, relying upon the proceedings