Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1907-01-24
SUPREME ]. C0URTsI
STILL IN SESSION. THREE I'M.
PoRTANT CASES ARGUED. Il
YESTERDAY
CASE FROM WARD COUNTY GIVES
coNsiDERABLEs GENERALs In
81! TEREST

f. Stf --------- Y 81 49, a 81 n Isl
FIVE CASES ARISING FROM THIS
/ PORTION OF THE STATE
ARGUED TODAY
In the supreme court yesterday argu-
ments were heard in three cases. The
first to come up was Omlie VS.. O,Toole,
from Walsh county. This is contro-
versy over piece of property in that
county. The main cause of contention
is as to whether or not a certain war
ranty deed in the record was In fact
intended as a mortgae and could be
foreclosed as such The district court
gave judgment for the plaintiff in
amount nearly $4,000, and from that
Judgment the appeal is taken. In the
supreme court Geo. Bangs appeared
for the defendant and appellant and
~. H. Bosard for the plaintiff and
respondent. 4
The second case to come UP was
that of Smith VS.. spafford which comes
from Grand Forks county, and is an
action involving a quarter section Of
land, and whether or not it was the
homestead of one Alfred Anderson at
4 the! time of an attachment levy on the
same. This question the Judge of the.
district court decided in the negative.
f. B. Feetham who represents the APP
i pellant in the matter was unable to be
4 present and submitted his side on
4 briefs ]. H. Bosard for the respond
4 ent argued the case to the court.
Il Probably the case that created more
4 general interest than any other was
7 that of State ex rel Bickford as
auditor of Ward county. This lis a
controversy over the salargsof the
superintendent of schools of Ward
county. Mr.. Bickford was elected in
I the fall of 1900 and filled the office for
the ensuing two years. In the fall Of
1902 he was again candidate and
7 opposed to him was one Flora J..
Frost. At the election Of that year
! Miss Frost received majority of the
g votes cast. Before she qualified, how
IA ever, Bickford Instituted !. contest
I against her on the ground that she
: was not eligible to hold the office and
on the trial of this question, the court
found as question of fact, that she
was not a resident. of the state of
4 North Dakota for one year prior to the
I general election of 1909 and in con
n sequence lflta1l &c was not q duly qualified
elector and consequently not eligible
q TO office in the county. OF Ward.
4 This Judgment was not entered until
some time in August, 1908, and in the
1 meantime Bickford remained in pos
y session Of the. books and records and
& IN charge Of the work in connection
D with the office of superintendent, of
= schools. The county declined to pay
Bickford's salary and the expenses
\ during the years of 1903 and 1904
a pending the litigation between Miss
Frost and himself IN August, 1908,
4 Bickford brought mandamus proceed
4 ings against the auditor to compel him
!. to pay the salary This action was
1 tried before Judge Fisk and Judgment
i ordered in favor Of Bickford for ap-
4 proximately $4,000. From this ,judg,
ment the county has appealed. Both
Miss Frost and Mr.. Biekford's term Of
d Office has now expired and theo solo
question is as to whether or not ,Bick-
4 ford is entitled to the pay for the. two
q years in which he acted as county
superintendent John q. Greene, ap-
i peared as attorney for the county and
Burke & Middaugh for the respondent.
Judge Fisk being disqualified, Judge
Templeton sat in his place in all three
cases above.
y The call for today lis as follows: "A
a Knudtson W. Robinson, from Nc
. Lean county. Lee & Fowler for ap-
! pellant; Newton & Dullam contra.
II Brown vs.. Comonow, from Ramsey
county. Burke & 4Middaugh for appel
4 iatnt McClory q Barnett and Per9yiD.
Godfrey for respondent e. q. x
! strecker vs.. Railson, from Mcintosh
|. county A w. Clyde for appellant;
/. Nels Larsen contra
\ Schlossed vs.. Moores, from Steele
county. Styles & Koffel for appel.
liant; g. s. Shippy contra.
Woodward VS., McCullum. from Nor
ton county. s, =. Nuchols for ap-
peIlant ". Il. stutsman contra.
England's Wealthy Peer.
!, One Of the wealthiest peers in Eng
land IL Earl Fitzwilliam, who Is the
q possessor Of some $4,000 acres of
land in England and Ireland. Under
the recent land purchase measure,
u Il 1nxryounrl5 no. - r,xyS, Z. -