Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1903-06-22
SUPREME COURT WILL DECIDE.
sond Matter Submitted to Judge Fisk
for Decision and Will be Appealed
"a Sunreme Court

for Decision and Will be Appealed
to Supreme Court.
The matter of the status of the in
stitution bonds authorized by the last
legislature will be submitted 10 the
supreme court at the earliest possible
date. Attorney General Erich brought
an action at Grand Forks. praying
Judgment against State Treasurer Nc
MILAN for the sum of $50.oo0 for
nords of this nature purchased two
y.ars ago for the state agricultural
college. Service was made on the
state treasurer and the matter argued
before Judge Fisk by the attorney gen.
eral md Judge Cor.iss Of Grand Forks
for the state treasurer. The decision
of J, fge Fisk is expectc1 at once and
then an appeal will be taken to the
supreme court. The case cannot be
tried by the supreme court except at
a special term as the regular term has
been adjourned. Twenty days notice
are necessary to call a special term
and the case may go over to the regu-
lar September term.
After reciting the facts surrounding
the bond issue, the complaint of the
state says:
THAT ever since Jan. 1, 1901, the
debts of the state Of North Dakota,
within the meaning of section 1872 of
the constitution, have beer equal in
the aggregate to the sum of 5000, 900,
exclusive of the Indebtedness of the
state at the time of the adoption of
said constitution: that if the said
bonds of 10000 so sold by the board
of trustees of the North Dakota Agri-
cultural College to the board of uni
versity and school lands. create a state
Indebtedness within the meaning Of
section 1872 of the constitution they
would exceed the debt limit fixed by
said section and would be void.
The plaintiff claiming that the &C.
ton of the defendant, the said state
treasurer, in paying out the said $780,
900 upon the said warrant of the said
state auditor, was an unauthorized
and illegal act on his part, and that he
has become accountable to the state
in the sum Of $4,000, prays judgment
against the defendant for such sum,
with interest, besides costs and dis
bursements."
Treasurer Mcmillan has taken the
position that the institution bonds
were a portion of the state indebted
ness and should come within the pro-
visions of section 1872 referred to. He
has asked the opinion of leading attor.
neys and they have disagreed as to his
liability and the liability of his bonds
men, should he pay out the moneys be-
longing to the board of university and
school lands.
The Grand Forks Herald of Sunday
says: Judge Fisk has handed down a
decision in the case of the state of
North Dakota against d. H. Mcmillan,
state treasurer. The decision is in
favor of the defendant, and sustains
the demurrer which he interposed to
the complaint.
Attorney General Erich. represent
ing the state, brought the action
against Treasurer Mcmillan to recover
$4,000, the amount of a bond pur-
chase he made two years ago from the
funds of the university and school
lands board.
In his opinion Judge Fisk holds that
the bonds are state bonds, but that
they are not 3menable to the provi-
sions of section 1872, which limits the
bonded Indebtedness to 5000 900. aside
from the state debt at the organiza-
ton of the state. The decision fur
Their holds that State Treasurer Nc
MILAN can moi be held liable for such
an amount.
Attorney General Erich will at once
prepare an appeal to the supreme
court and arguments will probably be
made the coming week. 1t is hoped
that the court will render a decision
on this very important matter within
ten days or two weeks.
AS before stated the suit is an en-
tirely friendly one between Treasurer
Mcmillan and Attorney General Erich,
and the decision will decide the fate
of the proposed state institution bond
issue, authorized by the last legisla'
ture.