The evening times. [volume] (Grand Forks, N.D.) 1906-1914, 1906-07-19

ward and that the city recorder of
saad city DO anu Is, herel5 instructed
to issue q certificate. Of election to the
said James Jarvis aa alderman of said
FIRST ward for the term Of two years.
beginning the first Tuesday after the
nrst Monday In, January, 1906. Car
rled as follows: Yeas. Aid. Jarvis.
Fleming, Sherlock and Sullivan az,
Absent, AID. Liston and, Clxnch (2).
Inat,- as instructed BY said city
council. said, city recorder did issue
ana deliver to relation a. certificate of
MS election to said ONCE Of alderman
from the First, ward and thereafter,
prior To, the commencement of his
term, relator duly qualified for and
accepted said ONCE and, on the second
day OF january 1896, entered upon the
discharge of his duties as such alder
man.,
That tile first meeting of said city
council In the year, 1906; was held
on the second day of january In that
year. That relator attended said meet
Ing as such alderman and, took part
In and was recognized by suid coun-
Gil as such alderman, in all the pro-
ceedings of that meeting. That re-
lator was appointed by Geo. Barlow,
the president of said council, who and
as chairman of the committee of said
council. styled THE committe on WAYS
and means; chairman of puor com.
mttee; and a member of the COM
mittee on claims. and acted on all
such committees until February 10,
1906. Relator also attended ali meet
ings of said city council until Febru-
airy ID 1906. and participated in all
proceedings had by 1t as such alder
man, and. during all of that time, was
recognized by all the other members
OF said council and by all other per-
sons as the duly elected, qualified and
acting alderman from the First ward
OF said city of East Grand Forks; and,
In fact. ever since, January I, 1906,
relator has been and still is the duly
elected. qualified and acting alderman
from the First ward of sadd city and,
during all Of that time, except from
the 18th day of February, fs06, to the
9Th day of June last. during the time
reIator was; kept out of said office by
tine void Judgment Of the district court,
he has held and still holds said office.
That on or about the 98th day of
November. 1905. H. H. Bell instituted
proceedings In the district court of
FOLK county, Minnesota, pursuant to
the provisions of Chapter 3e5, Laws of
1901, to contest the election of relator
to said office Of alderman from the
First ward, and such proceeding were
thereafter had in said contest, that,
on February -, 1906, Judgment was
entered therein. in said district court.
oustfng relator from his said ONCE
and declaring August Borchers elected
thereto.
That relator appealed from said
judgment to the supreme court of this
state and, by its decision fled with
the clerk thereof on May II, 1906, said
Judgment Of the district court was re-
versed and new trial granted, and
Judgment on said appeal was duly
entered therein by the clerk of said
supreme court on the 7th of June.
lSO6, and the mandate filed with the
clerk OF said district court on the 9Th
day Of June, 1906.
mat on or about the 21st day of
June, 1906. relator caused notice of
the reversal of said Judgment of the
district court and notice of the filing
OF said mandate with the clerk Of
said district court to be personally
served upon the said August Borch-
ers by delivery of . copy thereof to
MN and also served upon said CITY
council. on the same day and at the
same place by handing to and leaving
with the city clerk of said city at his