Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1908-03-29
GOV. BURKE ON
MILLER'S ACTION
Endorses Andrew MilIer'S Ac-
lion in StipuIating Dis
miSsal Of Injunction at
Dickinson

Der ldSC, yet 1naSmucn as AttOrney
General McCue has published his rea.
sons for accepting the same, and in
asmuch as I am now a candidate. for
the office of attorney general, it may
he of public interest to know that
others, competent to pudge, look at
nv act in stimulation for the disso-
luton of the Dickinson temporary in
function suits from a different view
noint than that of the attornev gener-
al therefore beg to submit, by per
mission, the following letter from
Governor Burke. Respectfully,
Andrew Miller.
Gov. Burke's Letter
Governors Office, North Dakota,
bismarck, December II, 1907.
"Hon Andrew Miller, Bismarck, N.
q.
"Dear Mr. Miller: I am very sorry
to learn that you have resigned the
nosition Of Assistant Attorney Gener-
al Of this state. Your services in en-
forcing the law were Of great value
and your resignation will be a great
loss to the state.
81 understand you resigned because
the ATTORNEY General blamed you for
stimulating to dissolve the temporary
iniunctions on places where intoxicat-
ing LIQUORS were alleged to have been
sold in Dickinson I had talk with
Judge Burke in reference to the pro-
ceeding before him for the dissolu-
ton of the iniunctions, and he told
me that he would be obliged to dis
solve the iniunctions and that there
was absolutely nothing lost by your
entering into the stipulation. and that
instead of being loss there was a
gain to the state on account of the
evidence that was furnished you in
consideration of such stimulation:
namely. the names of men who were
still violating the law in Dickinson.
and the lots and blocks which thew
were violating the law. From what
Judge Burke told NE and from what
know personally about the temporary
iniunctions, I approve of your course
and T holinve that it was wisn move
on your part, because there was moth
ing to be gained by standing out and
by consenting you obtained valuable
information that was necessary in
order to bring actions against others
who were violating the law in Dickin-
son.
when the sheriff searched the al
legged nuisances in Dickinson, we know
that he found no Intoxicating liquors
nor anything to indicate that intox-
icating liquors were sold in such plac-
es, and as no Intoxicating liquors or
other evidence was found in such
places, there is no presumption of law
that such places-were nuisances and
therefore there is little doubt but what
the temporary injunctions should be
dissolved.
"The actions, however, in which tho
permanent injunctions are asked for
are still pending and if the Attorney
General prosecutes them vigorously,
there is no question but what the per-
manent injunctions will be granted;
because if you will remember that
when We were in Dickinson everybody
that we talked to admitted that the
places against which the actions were
brought were open saloons, so that the
Attorney General will have no Difficult
ty in proving his case if he prose.
cutes same vigorously, and then these
places will be closed by permanent in
junction for the year. The more Wig
orous and the more persistently the
Attorney General prosecutes these
cases which are now pending, the
sooner he will have an Injunction
against these same places which will
not be temporary Injunction, but
will be permanent injunction for one
year.
I'm addition to this, you have turn
ed over to him the information which
the sheriff of Stark county furnished
you as part consideration for the
dissolution of the temporary injunc-
tons, and which information contains
the names of all the other violators
of the prohibition law in Dickinson,
together with the lots and blocks in
the city of Dickinson upon which they
are maintaining nuisances, so that
with this information the Attorney
General will no doubt Immediately
commence actions to enjoin such plac-
es and to prosecute the offenders.
7 am very sorry that you did not
consult me before resigning as / am
sure there is absolutely no reason why
You should be blamed for what you