Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1907-03-22
'1HISILETHVAITE GOES into COURT
Action Being Brought to Gust j B Jackson From Auditor
ship---le Shows He Had Retired From Office and
Case IS Dismissed-Dr. Rawlings Now Auditor

Another turn occurred yesterday In
the matter OF who. IS city auditor, and
as result the Patterson forces were.
hoist by their own petard
IT appears that sometime Wednes-I
day ex-Auditor Thistlethwaite ap-i
speared before Judge Winchester Of the
district court, and secured an order
addressed to ]. P. Jackson citing him,
to show by what right he held the Of
5f1ce of city auditor and praying judy:
ment as follows: That defendant be-
adjudged guilty Of usurping, intrudings
into, and unlawfully holding and ex-1
.ercising said office Of auditor Of the
city Of Bismarck That said defend
ant be excluded from said Office. That
said office and all Of the books, records
and other property pertaining thereto
be restored to plaintiff. That plaintiff
have and recover Of said defendant the
sum Of $500, and costs and disburse-
ments Of suit. That there be Inn
posed on said defendant fine. not
exceeding the sum Of $1,000, pursuant
to the provisions Of section 1859 Of the:
revised code Of North Dakota Of 1906:
and for such other and further relief
as may be just and equitable.
MT. Jackson appeared in court with
his attorney, F. H. Register, and made
answer to the effect that since the
adjournment Of the city council
Wednesday night he had not acted as.
city auditor and was not In possession
Of any Of the property pertaining to
that Office. The case was argued by
Attorney D. B. Townsend for plaintiff
and r. III Register for defendant, after
which the court dismissed the order
to show cause. This, however, does
not dismiss that part Of the complaint
wherein damages are claimed, on
which matter defendant has thirty
days for reply.
It is understood that Judge Win
chester bases his opinion upon q. SINH
lar case which was decided in South
Dakota in 1894, wherein the opinion
Of that court was written by Judge
Corson. The South Dakota statute is
exactly like the North Dakota
statute with the exception Of one
word. It reads as follows:
The mayor shall have power to re-
move any officer appointed by him
whenever he shall be Of the opinion
that the interests Of the city demand
such removal, but he shall report the
reasons for such removal to the
council at it's next regular meeting. 2
The North Dakota statute is the
same as the above except that the
word regular is omitted.
The Judge in giving his opinion in
said South Dakota case uses the fol-
lowing language. i: II
1T win e noticed that ira arst
clause 81 The section nrovides that stha
mavor NAV ran,o,,e ,,,,,ch ~ ~ a, .,
he shall be Of the opinion, etc.
The power thus conferred is abso-
luta ann witro,,t anys other limitation
- ana .,,,cation Than that IL, shal, he
81 tha;8 ,oninion that tbe interests Of the
c,ty Yadnirt, sn,ct removal The last
c,a,;ss,I - 9tha section Il moi IN tha
pa t,,,a q 8 ,r,,vis a. ~ con5it;on nra.
caaans s,,c,, ,.sr,ova h,,t Z require
r,a,,t tbats t,be n,a uc,.. a,aI, i, ak..2tha
rarort tbsra;n snacif,adT avif,antIy "a.
IN s., ,n,,sa . (. nnr,g, J, IA stu Gown
q, ~ ,.,t,ra,,s a,.o,,. i t,,a
- "a, NJ. o, ~ IN,
ma - !, q st,,a ss,,a,,ort ,,oes M d
gact M. action n An, ,oavor 4 no ,ne,
IN ran mi. aY,d.,,t er,,,
81 d n 3 Il, 4 8, "a. 3 80 49,,
- AAS@