Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1907-01-23
SUPREME COURT
BENCH OCCUPIED YESTERDAY BY
JUDGE TEMPLEToN IN PLACE
OF Ju DGE FISK DIS
QUALIFIED.
LAW WHEREBY CITIES MAY BE-
COME PARK DISTRICTS TEST
ED-oTHER IMPORTANT
CASES ON

COME PARK DISTRICTS TEST
ED-OTHER IMPORTANT
CASES ON 81
In the supreme court yesterday a
number of matters were brought up,
with Judge Templeton of Grand
Forks, sitting in the place of Judge
Fisk who was disqualified in all the
cases by reason of the fact of his hav-
| ing acted as trial Judge in the same.
| vaIIeiIy VS.. Park Commissioners.
The first case, and one that has
created considerable interest, was the
matter of Vallelly VS.. the Board of
Park commissioners of the city Of
Grand Forks. This action was insti-
tuted to test the validity of chapter
143 of the 1905 session laws, which
provides that any incorporated city
may become park district and have
authority to issue bonds and levy
taxes for the purchase of real estate.
So far, Grand Forks is the only city in
the state to avail itself of the pro-
vision, and as they desire to issue
bonds in the sum of $4,000, an in
junction restraining them was brought
in the district court, which court up
held the validity of the law. The
plaintiffs in this action claim that the
law is unconstitutional for the reason
that such bonds exceed the constitu-
tional debt limit of Grand Forks; that
the law attempts to delegate legisla-
tive powers and is thereby unconstitu-
tional; that the act provides for the
control of parks within the limit of
the city and thereby vests the con-
trolling power in two different boards
at the same time; that the commits
sioners have no authority to levy
taxes to pay the bonds or charge in
the features of the statute providing
for a park issue are in hopes that the
matter will be adjudicated at an
early date that an amendment to the
statute may be introduced at the
present session in case it is found out
that the law is constitutional, in any
feature. Geo. A. Bangs appeared for,
the plaintiffs and appellants and
Scott Rex in opposition.
N. .. Horse and Cattle Co. VS..
Serumgaard.
The second case was entitled N. D.
Horse G Cattle Co. VS.. Silver Serum
gard and comes from Pierce county.
This II is a statutory action to deter
mine adverse claims to a valuable
piece of land in that county, which
the plaintiff claims as grantee by
virtue of a redemption from a mort.
gage foreclosure sale The facts of
the matter are considerably involved
and no less than seven different mort
cages appear in the record and will
have to be determined as to priority
rights.
Scott Rex appeared in the court as
attorney for the defendant and ap-
pellant~ and Judge Corliss for the
respondent
Submitted Without Argument
Owing to sickness of counsel the
two cases from Stutsman county. en-
Titled McLain VS. Nurnberg were |
marked submitted oral arguments,
and taken under advisement. S. r..
appeared of record as. at
;sorney for the defendant and appellant 4
and S. Z. Glaspell N opposition.
BY consent of counsel the following
cases were marked submitted without
oral argument: Farquhar VS.. Higham;
Sheets vs.. Prosser; Peterson VS.. Hol-
and.
Court Call Today.
The call for today is as follows:
Omlie VS.. O'Toole, from Walsh
county George A. Bangs for defend
ant and appellant; J. Fl. Bosard con
LFd. Kiss s5ag
Smith vs.. spafford, from Grand
Forks county. F. 3. Feetham for
and appellant; ]. II. Bosard
contra
Knudtson vs.. Robinson. from Nc
Lean county. Lee & Fowler for
plaintiff and appellant; Newton & Dull
lam contra i
Brown vs.. ComonoW. from Ramsey
county. Burke & Middaugh for plain
tiff and appellant; McCloly & Barnett
and Percy D. Godfrey contra
State ex rel. Bickford VS.. Fabrick,
as auditor Of Ward county George A.
MCGEE for appellant; Burke & Mid |
daugh and Palda & Burke contra.
There seems to be a question as to