The Dickinson press., 1908-04-04

telephone connections are such that you
could have communicated with me dur
ing all hours of the day,I am constrained
to say your action calls for criticism.
The stipulation was such that this Office
was unwarranted in entering into.
Yours truly,
7. F. McCuE,
Attorney General"
Following the publication of the ahdite
communication, Andrew Miller makes
public the following letter, which he says
Il. authorized: i :
GOV. BURKE's LETTER
Governors Office, North Dakota, Bis
marck, December II, 1907.
"Hon. Andrew Miller, Bismarck, N. ID.
Dear MI. Miller: l am very sorry to
learn that you have resigned the position
of Assistant Attorney General of this
state. Your services in enforcing the
law were Of great value and your resig-
nation will be a great loss to the state.
II understand you resigned because
because the Attorney General blamed
you for STIMULATING to dissolve the tenn
porary %injunctions on places where; in
toxicating liquors were alleged to have
been sold in Dickinson. l had a talk
with Judge Burke in reference to the pro:
ceeding before him for the dissolution of
the injunctions, and he told me that he
would be obliged TO- dissolve the
%injunctions and that there was
absolutely nothing lost by your entering
into the stipulation, and that instead of
being a loss there was a gain to the state
on account of the evidence that was fur
nished you in consideration of such stipu-
lation: namely, the names of men who
were still violating the law in Dickinson.
and the lots and blocks where they were
violating the law. From what Judge
Burke told me and from what l know
personally about the temporary %injunc-
tons, approve of your course and i be-
lieve that it was a wise move on your
part, because there was nothing to be
gained by standing out and by consent
ing you obtained valuable information
that was necessary in order to bring &C.
tons against others who were violating
the law in Dickinson. 81,
"When the sheriff searched the alleged
~nuisances in Dickinson, we know that he
found no Intoxicating liquors nor any
thing to indicate that intoxicating IL
quors were sold in such places, and as
Misunderstanding liquors or other evidence
was found in such places there is no pre-.
sumption Of Law that such places were
nuisances and therefore there is little
doubt but what the temporary injunctions
should be dissolved. u.,:,
1.-THE actions, however, in which the
permanent injunctions are asked for are
still pending and if the Attorney Gener-
al prosecutes them vigorously; there Il
no question but. what the permanent iii
functions 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 sal,
oons, SO that the Attorney General viii
have no difficulty in proving his case. III
he %prosecutes same vigorously, and then
these places will be closed by permanent
injunction for the year. The more vigor-
GUS and the more persistently the Attor-
ney General pir'oseeutes these cases which
are now pending, the sooner he will have
an injunction against these same places
which will not be a temporary injunction,
but will be a permanent injunction for
one year. "
"1n addition to this, you have turned
over to him the information which the
sheriff of Stark county furnished you as
a part consideration for the dissolution
of the temporary injunctions, and which
information contains the names of all the
other violators of the prohibition law ii
Dickinson, together with the lots and
blocks in the city of Dickinson upon
which they are maintaining n~uisances, Sc
that with this information the Attorney
General will no doubt Immediately com.
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