The evening times. [volume] (Grand Forks, N.D.) 1906-1914, 1907-04-26
THE 18TH CHAPTER
B0RCHER-JARv|S
CONTEST
Was Up in City Council Thurs
day Evening But No Action
Was Taken.
SUPREME COURT ORDER
SERVED ON MEMBERS
Enjoins Them From Taking
Any Step to Try Case Law
Has Been Repealed.

took on new interest last night when
the city council met, to determine the
rights OF the two parties to hold the
Office OF alderman at the city council
board. The case has been on for near
ly a year and half and as it is just now
where it was in the beginning with
the Law changed against it since its
inception, it is probable that the term
will expire next January before any
determination of the matter is reached
if it ever goes any further than it is
now. The case has been tried by the
district court. by the supreme court
and from that tribunal came back to
the city council for final determine
ton. But it was not determined. The
councilmen were all present last night
at the council table except Jarvis, who
with the contestant occupied a posi-
ton as spectator The meeting was
called to order by President BARLOW
and Recorder German read the order
under which the council was proceed
ing. When he was done, Attorney Fin
layson of the firm of Massee & Fin
layson, attorneys for Jarvis, Offered
written objection to the consideration
of the case by the council on the
grounds that the council had no juris-
diction or authority to determine or de-
clare the right of members of that body
to sit in the same.
On this motion he argued that the
city is in need of public Improvements
and that these Improvements can not
be secured with the people of the city
divided into factions and contending
one against the other. He cited the
city charter as an instance wherein
the united action of the taxpayers of
the city had accomplished something
and suggested that the recent meet
ings of the citizens for the considera-
ton of public questions had resulted
in much good to the city.
Passing from this phase of the ques-
ton, he sprung something of sur
prise when he stated that he held in
his hand certified copy of an act
passed at the session of the Mime
sofa legislature which just adjourned,
repeating the law upon which the con-
testant had relied and which probably
gave the city council jurisdiction in
the matter. 1t seems the bill was
passed under a suspension of the rules
in both branches of the legislature on
Wednesday of last week and was ap-.
proved by the governor and became
law on last Monday. He called atten-
ton to the fact that the bill was
passed at time when it could not be
introduced except upon the recommen-
dalton of the governor and when it
could not have been passed had one
member OF either house objected.
The statute gives the courts unequi-
vocable jurisdiction in the matter. He
argued that the case was now just
where it was at it's inception last
November a year ago, and that the
council under the new statute was
wholly without Jurisdiction in the mat.
ter.
Attorney Bronson, who represents
the contestant, replied that the coun-
sci for Jarvis had never allowed the
case to be tried on it's merits, while
the contestant had always been striv-
ing for that point. Some technically
of the law had always been interposed
and the merits of the case could not be
reached even though it had been in court
for more than year. He argued that
the city council had authority under
the common law to try the case and
that II the original statute was re-
pealed by the recent act of the legis-
lature, the common law was ample
and the council was possessed of au-
thority to determine the case upon its
merits. He stated that IL the council
could not act, the attorneys for the
contestee would have writ of injunc-
ton there from the supreme court.
The question reverted upon the OBJ
lection of the counsel for the contes-
tee, and Alderman Craig moved that 1t
be over-ruled. which motion on a roll
call prevailed. Attorney Ffnlayson
then announced that If the council was
determined to try the case, he would
interpose the supreme court, and
called upon Deputy Sheriff Daniels to
serve the order of the court The Of
f1cer at once proceeded to serve on the
members an injunction issued by the
supreme court, prohibiting the coun-
Gil from in any way proceeding or at
tempting to interfere with the execu-
ton of the Office of alderman from the
First ward of the city of East Grand
by James Jarvis.
When the motion to adjourn was
made, a bystander remarked that he
thought the supreme court had done
that. The motion prevailed and so
endeth the nineteenth chapter.
The order to the city council from
the supreme court is as follows:
Now Therefore, by authority of the
State Of Minnesota you, the said Fred
Craig, Cornelius Sydal, George Bar
low, ]. NJ. Westberg and j. C. Sher-
lock, as aldermen of the said city of
East Grand Forks, Minnesota, and as
members of the city council OF said
city, and you, the said John O'Leary
as mayor, and each and all of you
are hereby commanded that, immedi-
ately, on receipt of this writ. you de-
sist and refrain from any further pro-
ceedings in the matter of hearing or
determining the matters set forth in
the said COMPLAINT and petition Of
AUGUST Borchers, and from any fur
Their proceedings in the matter Of the
contest Of the election OF James Jar
vir. the relator herein. tn said Office
of alderman from the First ward Of
the city Of East Grand. MIMI, and
from anv further proceedin@s in the
matter of the removal. for any cause,
Of said relator from said ONCE of al
derman Of the First ward Of Haid CITY