The Minneapolis journal. [volume] (Minneapolis, Minn.) 1888-1939, 1906-06-23
CREEL'S OFFICE
IN THE BALANCE
FIRST STEP TAKEN IN SUIT TO
GUST HIM.
Contended That the Adjutant General
of North Dakota Was Not Legally
Appointed for the Reason that He
Has Never Been an Officer Of the
National Guard.
Special to The Journal.

special to The journal, r@s ~
Grand Forks, N. D., June 2s.-First steps
We're taken today to GUST H. NJ. Creel from the
office Of adjutant general Of the national guard.
of North Dakota. Judge Cowan of Devils Lake
signed an order directing Creel to appear In
court on July to show cause, If any, why
leave should not be granted to the relator in
the Of the state of North Dakota ex rel
John H. Frame, VS.. H. NJ. Creel, to commence
In the name Of the: state proceedings under the
provisions Of chapter ~ of the revised code of
| 1890, to determine by what right the defendant
holds the office Of adjutant general
The officers of the national guard contend
not and never had been an officer of the field
or line of the national guard Of the state and
| that the appointment was consequently not made
| from the field or line and was unlawful and
| wrongful. 49,. ~, h 8 u
Bangs Cooley & Hamilton have been retained
by Mr.. Frame to prosecute the action.
Ditch Work Stopped Again.
| Construction work on the Merriheld drainage
| ditch, known Ditch No. 4, has again been
| tied up by temporary restraining order issued
by Judge Fisk This particular ditch has been
the subject of controversy In the drainage board
and also in the district and supreme courts
| for several months. - .,,.'
The ditch as proposed will run from point
near Merrifeld along the line between Grand
Forks and Walle townships to a coulee near
the Red river. a distance Of nearly six miles.
| The new action is entitled Michael Spencer VS..
W. G.. Williams, Owen Lavelle and q. j. David
son as members of the county drainage board
and n. P. Ryan and A. F. Turner as contract
ors. ~-..r.- . '5E.-
! Acting in accordance with a recent decision
of the supreme court in a telephone case, In
| which the court held that a telephone line along
the highway In this state could not be built
until right-of-way had been secured from the
owners of the property abutting on the high
way, Mr.. Spencer brings action to enjoin fur
Their proceedings until the north thirty three feet
Of section and the northeast quarter of sec
ton 8, VALE township is lawfully acquired fol
the purpose Of rightof-way, and the amount
Of damages assessed and payment made thereof
to the plaintiff. | ,..-- ~ ..--
Insurance Settled: Out Of Court.
The case of Mary M. Henderson vs.. tn,
Brotherhood of American Yeomen.. set for tria
at the present term of the district court, ha
been settled out Of COURT 80 @..a / -
Albert Henderson, a son Of the plaintiff, wa,
killed while at work in the woods near Cloquet
Mimi, a year ago last February. He carried
q policy for $4,000 in the Yeomen, and under
the terms Of the policy his mother as bene
i fciary entitled to $1,000 at the time o.
his death. The Brotherhood officials commended
that he had engaged in an extra hazardous oc
cupation, and an arbitration board, consisting o.
John Dnnie, J. O. Hart and W. l.. A. Calder
examined witnesses and decided that the bene
fciary was entitled to 81 200. Mrs. Henderson
declined to accept this amount, and the cas-,
was set for trial at the present term. TIT
settlement gives Mrs. Henderson 81 $50 and tn
case will be dismissed when 1t is reached II
the regular order Of court business. i g