Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1907-01-18
TEXT OF COMPLAINT IN BOTH
ACTIONS,

ACItONS. ~
In the supreme court Thursday after
noon Jan application was made by Ball,
Watson & Young for the issuance OF an
original writ directing the county Il zof
Mercer and its proper officers, the audi-.
tor and treasurer, from exercising jurisk
diction and authority as county officers
over certain territory claimed to be IL,
legally contained in the boundaries of
said county. The application was grants
ed to the extent of the issuance Of an
order to show why the writ should not
issue, the return day to the order being
fixed for the Both of this month, at Bis
| marck. 81 w III =.
Mercer County. u i
| The title of the action and the plain
| tiff's contention is as follows: 7.
| State of North Dakota, ex rel. ]. E.
Phelan, relator, VS.. Mercer County, Hen
ry Sagehorn, auditor, and Paul Leup,
treasurer of Mercer county, defendants.
Now comes the relator, ]. E. Phelan,
and makes this his application for an
original writ, and as grounds for FITS
issuance alleges and states ,l, DIG
That the defendant, Mercer county,
is one of the regularly organized coun-
| ties in this state; that said countys was
organized under chapter 81, Laws of
! 1885 of Dakota Territory, and wasdcon-
4 firmed as one of the counties of the
state of North Dakota by section l6S OF
the state constitution That said coun-
ty, as organized, and as it now exists.
includes the territory described as fol
lows, and no more, to wit: ssIf
Commencing at a point in the mid
die of a channel in the Missouri river
where it is intersected by the boundary
line between ranges number eighty-three
and eighty-four, and running thence
south to the boundary line between
townships numbered one hundred and
forty-three and one hundred and forty
four, thence west on said boundaryclin
to the eastern boundary line of range
ninety -one, thence north on the line di.
Ividing ranges numbered ninety and nine.
ty-one to, the middle of the channel o.
the Missouri river, where it is inter
sected by said line, thence following thu
a.. middle of the channel of SAID Missouri
river to the place of beginning. q
| That the defendant, Henry Sagehorn
is the duly elected, qualified and acting
auditor of said county, and the defend
ant. Paul Leup is the duly elected, quail
flied and acting county treasurer thereof
That lying outside Of said Merce,
county, as above described, and adjoin
ing the same on the south, is sertain I'm
organized territory commonly known
), and designated as The Nine Townships
and hereinafter referred to as such, ant
!. more particularly described as follows
Township al. range 50; township 14l
range 80; township al, range 80; town
ship 142, range So; township 142, rang
: 80; township l42, range so; TOWNSHIP
143, range So; township 143, range SO
township 143, range 80.
That the relator is citizen of tn
state of North Dakota, and is the aWne
of large number of tracts of land stu
, ated in said Nine Townships, compris
= ing more than seven thousand acres.
;, That the defendant, Mercer count.
through its proper officers, without at
thority of law, for some time past, an
now is, attempting to exercise jurisdit
. ton over said territory, and has levie
20 and caused to be levied taxes and a:
. sessments against the real estate of TIL
u j relator and of other persons owning re;
estate in said Nine Townships, and hi
threatened to sell his said lands, an
y the lands Of others for the taxes so a
. tempted to be levied and charged, an
- in divers other manners and ways h;
u attempted and is attempting to exerci
. the usual authority and power over tsa
territory, all without authority of Law
le that the defendant, Henry Sageforn, I;
~ county auditor Of said defendant, Me
t. Ger county, and the defendant, Pa
Leup, as treasurer of said county, a
d" attempting to exercise the same autho
ity in and over said Nine townships
N they are authorized to do within I
X proper limits Of the said county of Me
. Ger. 0
That the defendants claim and insi
that said unorganized territory herei
before referred to as the Nine Tow
h ships, is in fact and in law part
,s Mercer county, and that said county b
jurisdiction and authority over the san
q, That the question as to the extent
~ the boundaries Of said Mercer county
one in which the re1ator and all ott
= property owners are interested that
IS a matter Of constant dispute, and
involved in uncertainty, and affects /.
~ rectiy the interests Of the state in
N. revenues and in the enforcement q
dy application of its laws. .
3 1rt 4 a. -, "a f,,,a1 dsfar,,,