The Ward County independent. [volume] (Minot, Ward County, N.D.) 1902-1965, 1909-02-18

meeting here on the 18th and IL n
The state association has practtc.
ally been forgotten for some yeara
but largely through the action o.
the editors OF Ward county and
McHenry counties it has lately
been given new life.
| The officers elected for the com
ing year are:
President ALEX Wright, Cakes.
! Vice Pres-C. G. Boise, Sher.
brooke: L. w. Pierson, Upham;
w. H. Spears, Mandan.
| Sacretary-R. J. Hughes Wa3he.
ten.
Executive Committee 5..
Sam H. Clark, Manot; w. G. Tay.
lor, LaMoure; w. Irish. Mott. #
The State Affairs committee. 10
when was referred the bill re-
lating to the increasing Of the sal.
aries Of state officers, have decid-
ed to recommend that the COVER
or's salary be 5000. the attor
ney generals $500 all others
$1,000. The railroad commissioners
are to receive $500 annually with
the exception who salary is plac'
ed at $1,000. If the bill passes AMI
becomes law all state ohcens
will be required to live at :he
capital.
i It will take some time to com.
plete the transcript OF the CYL:
dence, in the Poole Court Martial
case and as the findings Of the
Military Court are kept secret un.
til thoroughly reviewed by the
governor (opmmanher-inschief an>:
the Judge Advocate it will prob
ably be a month before e deer
sion is made public.
The syllabus of the supreme
court in the prohibition case
as follows:
lin the Supreme Court Filed Feb.
| II, 1909.
| prohibition
State of North Dakota, ex rel.
Thomas H. Poole, Plaintiff, VS.. $.
L. Nuchols, ct al. as members Of
a court martial convened for the
trial OF Thomas H. Poole upon
certain charges Of violation of the
Articles of War, Defendants.
| !. Sections sc and 81 Of The
| constitution of North Dakota con-
stitution a grant Of power to the
supreme court and the language
thereof being restrictive in it's
trems, this court has such jur.s'
diction, and only sucn, as is en-
pressly or by necessary impli-
cation therein granted.
2. By section sc the supreme
court is granted appellants to
jurisdiction only, except as other
wise provided in this constiru-
tion,' together with "a general
experimenting control over all in
ferior courts section 81 is the
only place in the constitution
where it is otherwise provided.
This section grants powers to the
supreme court "to issue writs OF
habeas corpus, mandamus. quo
warratns, certiorai, injunction
and such other original and re-
medal write as may be necessary
to the proper exercise of it's jur-
isdiction.' Held, that the writ OF
prohibition, not being one of the
enumerated writs, this court is
without jurisdiction to issue the
same, except where its issuance
is necessary to the proper exercise
OF it's jurisdiction in a pending
cause OF W cACSCudCO sA1o
general /, experimenting control
over inferior courts
9. A court martial is not an r.
ferior court within the meaning Ct
Section sc of the Constitution, Ut
not belonging to the judicial but to
the executive department OF. the
government. The inferior courts
ferred to in section sc are the
courts enumerated in section 30
which belong to the judicial de
partment. ellsworth, J. dissenting.
(Syllabus by the court.
Original application for the issu-
ance Of writ Of prohibition deni-
ed.
Engerud, Holt & Frame, for plain