Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1907-01-18
Important Action Commenced and Hearing Will Be Had
h In Supreme Court Jam 3Oth to Upset Mercer and
Mckenzie Counties.
Questions to Come Before the Court Decision Of Which
Will have Important Bearing on 1fansMissOuri
Section Of The State

| only through decision of this court;
| that the terms of court in said Mercer
| county are held only at the call of the
presiding judge of the Sixth judicial
district; that the condition of the judicial
| work of that court is such that decision
cannot be had at the hands of that court,
and the case heard and disposed of on
appeal, without intolerable delay. IL
Wherefore, the relator prays that this
1court take cognizance of this, his petition,
Hand issue its writ directed to the defend
ants, and commanding them to desist
from further exercising authority and
jurisdiction over said Nine Townships,
or show cause why they have not done
| so. IL =s'
Mckenzie County.
! AT the same time and place another
application was made by the same attor-
neys, to bring up the legality of the or
ganization of Mckenzie county. A like
writ is asked for and it also will be
heard on the Goth on an order to show
cause The Mckenzie county litigation
is based on the following petition:
! State of North Dakota, ex rel. John
irish, relator, VS.. A. F. Noble, Frank
Bangs, J. H. Shaw, B. w. Dinlmick and
G. w. Millhouse, defendants.
I Now comes the re1ator above named,
and makes this his application for an
original writ, and as grounds and rea-
sons for its issuance alleges and shows {:
I That the relator is now, and has been
tor more than year last past resident
and freeholder in the territory herein
after referred to as Mckenzie county,
| and has property therein subject to taxa
ton; that as such resident and freebooter
he is subject in his personal and prop
erty rights to all valid laws applicable
thereto
!, That the Ninth legislative assembly OF
this state passed, and on March Is, 1905
thereafter, the governor of this state ap-
:, proved, a certain act, to wit: Chapter
70 of the laws of North Dakota for the
. year 1905, entitled: San act to create
and organize the county of Mckenzie
: to INK the county seat of said county; tc
provide for the appointment of county
|: officers of said county; for the transcrib-
ing of portion of the records of Stark
| and Williams county, and for terms oil
the district court therein
That thereafter the governor of this
state, assuming that said act was lega
and valid, located a temporary county
:. seat, and appointed for said county tl1t
;, officers provided in paragraph of sale
act, and among others appointed the de
PENDANTS, A. F. Noble and J. H. Shaw
: as county commissioners, B. w. Dim
, mick as county auditor, and G. w. Mill
house as county treasurer; that the of
: ficers SO appointed took their severa
, oaths of Office and gave bonds to qualif,
! for the several Offices to which they wer.
!. thus appointed, and have provided them
q selves with certain books and record
d commonly used in the several count,
Offices, and have in all things assumed
and attempted, and are now attempting
i ton of the supreme court in such man
& OF regularly organized county; tina
the defendants named as county commits
= sioners have attempted to levy and i'm
pose taxes upon the property situated il
! said pretended county of Mckenzie an
the defendant, B. w. Dinmick, pretend
i ing to act as county auditor, and the de
PENDANT, G. w. Millhouse, pretending t
I'll act as county treasurer, are attemptin
i to exercise, and are exercising, the at
"a thority of county auditors and treasurer
q III regularly organized counties.
- That when chapter Is of the Laws {
IA 1905, was passed and approved, ther
81 was in this state, in addition to the tel
a. Titory included in and described in sal
a chapter, large amount of territor
!. which was not organized into countie
81 a portion of the same being known an
~ designated as the unorganized county
nd Hettinger, the unorganized county 1
re Bowman, and the unorganized county
= Dunn, and also certain unorganized te
as ritory lying south and west of Mere,
he county
r That neither at the time said chapt
IS of the Laws Of 1905, was enacte
ist nor at any time within sixty days tfer
n after, did the territory embraced there
a contain one thousand bona fde inhab
Of ants.
las That said chapter % Of the Laws
ne 1905 was and is null and void for t
Of following reasons /. 1t is a spec
Is law, and is repugnant to sections 10 Al
reri IL OF the state constitution, and is al
It'll repugnant to section 167 Of the state CO
is stitutlon, That the question Of the j
di- lidity Of said chapter 70, Laws Of 10
its under which the defendants are assn
nd ing to act, affect the relator in his p,
sonal and property rights, and also
4 q