Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1908-03-22

ton, copy of which l quote below.
The stipulation, as will be seen from
its title, was entered into in an in
junction case in Stark county. -Four
othed similar stipulations were enter
ed into, the originals of which are
with the clerk of the district court Of
Stark county, and the other is in 1ny
possession. This stipulation, to my
mind, compromised the office and gave
ample room for the good faith of the
state to be questioned 1t was enter
ed into by Mr.. Miller and my name
was attached to it without my know
ledge and contrary to my instructions
and was such that I would not have
entered into as attorney general of
this state. That being true, I would
not permit any assistant if mine to
sign such stipulation. For my criti-
cism of Mr.. Miller in signing this
stipulation, he rendered his resigna-
ton and accepted it. I make this
statement so that the public may
know the true facts which resulted
| in Mr.. Miller being relieved from the
office of assistant attorney general.
The following is a correct copy of the
stipulation complained Of:
f. Copy Of Stipulation
Estate of North Dakota, County Of
stark-In District Court, Sixth Judi.
cial District. s
State of North Dakota, ex rel. T..
F. McCue, Attorney General for North
Dakota, plaintiff, VS.. Charles Nolan
and 3. j. Berry, defendants-stipula-
tion.
ut Is hereby stipulated and agreed
by and between T. F. McCue and An
drew Miller, attorney general and as
sistant, for the state of North Dakota,
attorneys for plaintiff, and L. A. Simp-i
son and Crawford & Burnett, attor-
fneys for defendant, that the court shall
sustain the motion to dissolve the
temporary Injunction in the above en-
titled action and that the attorneys
for the defendant agree in good faith
that said defendant shall not maintain
any nuisance on the premises in the
complaint described during the PEN
dency Of the above entitled action; and
that the; said first party shall not Sc.
cure or have issued any new injunc.
tion. against said defendant for acts
complained of prior to date hereof;
but SO long as the said defendant
shall in good faith abide the stipula-
tion herein and shall not maintain "a
nuisance on the premises described
herein, then said temporary injunc-
ton shall be dissolved until the final
determination of said case.
Dated this 9Th day of December,
''T. F. McCue.
Andrew Miller.
Il - Attorneys for Plaintiff.
Ieass =. AZ. Simpson, A
Crawford & Burnett,
a Attorneys for Defendant"
Letter Accepting Resignation
The following is my letter accept,
ing Mr.. Miller's resignation:
state of North Dakota, Office of
attorney general, Bismarck, Dec. 7,
1907. Mr.. Andrew Miller. Bismarck,
Nd. Dear Sir: Your resignation as
assistant attorney general is accepted,
do not know of any other course for
me to pursue. In view of the stipula.
ton which you entered into and sign
ed my name thereto as attorney gen.
eral of this state, dismissing the tenn.
porary Injunction against the several
parties enjoined at Dickinson fol
maintaining nuisance as defined by
our prohibitory law, I do not see how
you could longer act as assistant at
Etorney general.
I 81 have been in MY Office or working
as a member of one of the different
boards at the capitol during this en-
tire week, and you knew that ! was
here in Bismarck all this time ant
yet you entered into the stipulation
above referred to with the attorney
for the defendants over at Mandan OF
the 9Th inst, without my knowledge
or notice. When one realizes that thi
is but five miles, and the telephone
connections are such that you coul'
have communicated with me during al
hours Of the day, I am constrained t
say your action calls for criticism
The stipulation was such that this Of
fee was unwarranted in entering int
Yours truly.
T. F. McCue,
Attorney General.
Il The five temporary injunctions wer
dissolved upon the stipulation; and
am told, though do not know it to
fact, that the next day after the stil
n ulation was signed, some of the d.
3