Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1905-10-06
ESSENTIAL features
Of INJUNCTION PETITION

ElIlIUN
| the commissioners are acting prema,
turely. That the hands were granted
the state for the purpose Of erecting
public buildings at the capital fol
Legislative, executive and Judicial pur
poses and that chapter 166, laws Of
1905, creating the commission and
authorizing the sale of the lands and
the use of the proceeds to remodel the
capitol building; and erect an executive
mansion is unconstitutional and void
because it permits portion of the
proceeds to be used in erecting a
governors mansion and to the pay.
ment of interest upon the certificates
of indebtedness authorized by the act.
| That the act embraces more than
one subject-that the appropriation
embraces more than one subject and
is not embraced in separate bills and
delegates power to the commission to
appropriate money; and further that
the act authorizes the creation of a
debt in excess of the constitutional
debt limit, and that the certificates Of
Indebtedness authorized under the act
are exempt from taxation. Isl
That the state will suffer great and
irreparable loss and injury unless the
commissioners are enjoined from issu-
ing these certificates and the court
should issue the same because the
sovereignty and preroguatives of the
state are involved and the writ should
issue on the relation of the petition
without the concurrence of the attor.
ney general as by the law creating the
commission the attorney general is
made the legal advisor of the board
The attorneys for the commission
have moved to dissolve the temporary
Injunction originally issued and this
motion is to be heard at Bismarck on
Monday, the 23rd day Of October, 1906
and now made return to the alterna,
tive writ and order to show cause and
how demurred to the amended petit
ton as it fails to plead any cause fol
equitable relief nor contained any
statement or allegation Of fact calling
for the original jurisdiction OF the SUI
preme court. z
They demur on the further ground
that the act creating the commission
and authorizing the contract for build
ing capitol Is in all respects constitu
tional and valid; that the commission
ers are acting strictly within theil
powers and the amended petition fails
to state any facts showing or tending
to show any abuse or threatened abuse
of the persons and discretion lodged
In the board under the provisions ot
law, and there reserVing the advan
tages of the demurrer.
The commissioners answer the petit
ton, admitting certain allegations
thereof but demurring that competi
ton in bids is preluded by the form o.
advertisement and asserting they
have reason to believe that four Of
more competent, reliable and trust
worthy persons will submit bids there
under, among which is the firm whit
constructed the capitol building 70
Montana and that competition will b,
had not only in bids for material an,
construction but in plans and specifica
tons and use of material in old build
ing and that the amount available 70
this work under the act is 100000
They aIlege that the state has It'll
to the 1887 acres selected, but tn
selection is not formally approved b.
the commissioners OF the land offic
and that they ascertained and estimai
ed before the commencement Of thi
action the value OF the lands availabl
for the purpose and that such valu
exclusive of the 1887 acres exceed
$500, 900, and in addition thereto ther
is due the state from lands alread
sold, the sum of 100000. That in al
their doings they have compiled strict
| ly with the law and to give contractor
land builders ample time to prepaS
plans and make bids they have e.
tended the time for bids to Decembe
a. 1905, and this for the sole purpos
lof carrying out the directions Of tn
| legislative assembly subject to tn
order Of this court And having q
| all times and in all things acted in til
utmost good faith to the best OF thel
/ knowledge and ability and In strie
accordance with the law Of the stat.
1 they pray that the alternative writ q
injunction be dissolved and the amens
ed petition be dismissed.
Agricultural College.