Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1909-07-23
spoilers REWARD" CASES
Supreme Court Sends Out Notices
That Case Will Have Another Hear.
ing - Between $4,000 and $4,000
Of State Money Has Been Paid Out
to Spoilers in the Past.

Grand Forks, N. D., July 22.-At'
torney ]. B. Wineman of this city,
has received a notice from the clerk
of the supreme court of North Da'
kota, which is of unusual interest, not
only to the people Of Grand Forks
and Grand Forks county, but to the
entire state. The supreme court, &C
cording to this notice, have ordered
a rebriefing of The famous "spotter
reward" case which was prominent in
the courts about year ago.
The rebriefing has been ordered,
according to the court, on account OF
the Importance of the questions in
volved and a reargument of some
points in The case has been asked.
The court seems to have realized the
significance of the point raised by
Mr.. Wineman~ during the former argu-
ment in which he declared that when
the supreme court declared the '''spot-
ter's law unconstitutional" the val
idity of all payments being made to
any employees of the state except
those provided for by the state con-
stitution under special appropriations
was opened up. The case will come
up before the supreme court for ar
gument at the September term.
History o. the CAGE.
The history of the case is rather
interesting. The case is that of the
state ex rel Don Mcdonald, versus
Holmes as state auditor involving
the constitutionality Of chapter 139,
laws of 1903. The case was argued
in the fore part of last June, when
Attorney Wfneman, on behalf OF the
county and the county treasurer at
tempted to secure the payment from
the state of the sum of 800 which
was claimed to be due as rewards
paid out by the county under the law
Of 1903, known as the spoilers re-
ward law, which provided reward for
information leading to the arrest and
conviction of blind piggers. The re-
fusal of the auditor to pay over the
money was due to a claim that by
the temperance commissioner law,
passed in 1907, this law was repealed
The temperance commissioner law
was declared unconstitutional and
the contention of Grand Forks coun'
ty was that the law Of 1903 was still
in force. The auditor refused to pay
the money, claiming the law had
been repealed. Judge Templeton or
dered a writ of mandamus but the
case was appealed and the supreme
court declared the law unconstitu-
tional: At this hearing Attorney
Wineman pointed to the fact that be-
tween $4,000 and $4,000 on the
states money had been paid out
and that If this law was unconstitu-
tional the validity, of all special ap-
preparations laws was open to dispute.
The action of the supreme court In
calling for re-briefing Of the case
at this time, and re-argument OF
some of tho points seems to be good
evidence that there Is something to.
this point. The supreme court de-
clares in the notice received that they
believe the case OF too much import.
ance to pass over it without thorough.
ly. going over the situation again.
According to the arrangement the at
torney general is to serve his brief
by August IS, and Attorney Wine
man is to file reply BY September
i. The supreme court will then call
for special argument on points they
desire more fully elaborated.
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