Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1909-01-22
Commissioners Proceedings
Continued IRON page 81

J. A. Henderson, juror ....... 2.10
VIM. Peterson, juror ......... 2.10
Thos. Cayou, juror ....,..... 2.10
A. e. Johnson, Juror ......... 2.1O
The following bills were upon mo-
ton allowed:
Geo. Gussner, mdse. for Mrs.
Barth, January ............ 300
North Oak. Independent Tel
ephone Co., phones and tolls $3.50
w. E. Breen, coal for Brown
family ....... ............ 2.85
Mandan Merct. Co., bridge
materla .:.'...:., .....:.. 49,. oS
The following opinion Of the states
attorney was received:
Bismarck, Jan. 18th, 1909.
To the Honorable, the Board of
County Commissioners of Burleigh
County, North Dakota.
Gentlemen: You say to me that at
the general election held in Novem-
her, 1908, in the Second Commission
er District of Burleigh County, for
the Office of commissioner OF said dis
-trict, there were but two candidates,
that 1T the canvass Of the votes cast
for that Office there was found to
exist a tie vote between said candi-
dates for such Office and that no per
son received the greater number Of
votes cast for commissioner of the
Second Commissioner District afore-
said. That the county auditor gave
notice as provided by law for the set
clement of tie votes, and fixed the
time for the casting of lots. That at
said time no person appeared for the
casting OF lots as aforesaid and now
ask If under these circumstances q
vacancy exists in the Office of COM
missioner of the Second Commts-
sioner District aforesaid.
The time for which the commits
sioner previously elected in said dis
trict having expired, in answer to
which inquiry I beg to submit, that in
my opinion, vacancy does exist in
the Office of commissioner OF the Sec
ond Commissioner District of Bur-
leigh county, N. D.
Respectfully submitted,
r. N. STEVENS,
States Attorney.
In accordance with the opinion of
the states attorney a vacancy was de-
clared to exist for the Office OF coun-
ty commissioner of the Second Com
missioner District, and the board, as
provided for by law in chapter 66 OF
session laws OF 1907 and section 429
of revised codes of 1905, met in the
office of the county auditor for the
purpose of filling such vacancy.
Upon motion County Judge M. J.
Mckenzie was elected chairman and
Auditor I. w. Healy secretary of the
appointing board.
Commissioner Ecklund nominated
w. IL. Webb, IT. Mr.. Healy second
cd the same. Upon roll being called
Commissioners Patterson andEcklund
and County Judge Mckenzie and Au-
ditor I. w. Healy voted aye. Mr..
Webb having received majority of
all votes cast was declared elected as
county commissioner OF the Second
Commissioner District to fill the va.
cancy until the next general election:
The report of A. w. Cook, clerk OF
the district court, showing receipts OF
$500 for the month of November,
1908, was received and placed on file.
The report of A. w. Cook, clerk of
the district court for the month OF
December, 1908, showing receipts of
$66.5O was received and fled.
The report Of J. L. Peterson for the
month OF December, showing receipts
of $658.75, and also SLABS, from jan
LIST to January 4th, 1909, was re-
ceived and fled.
.,.~ /. W. HEALY,
County Auditor: Burleigh County,
North Dakota. 4. .t5.~ i. ..