The Fargo forum and daily republican., 1909-08-30
DEVILS LAKE CASE
|. Sent TOKNEESHAW
JUDGE coWAN DECLARES HE Is
BIASED IN COUNTY JAIL LITI-
GATIoN-Is A TAX.
PAYER.

Devils Lake, N, D., Aug, s0.-The
appeal OF fourteen Ramsey county
taxpayers against the action OF the
county commissioners in ordering the
construction of 5000 sheriff's resi-
dence and Jail, which, came UP for
hearing before Judge Cowan in the
district court Saturday afternoon, was
again set aside Judge Cowan ordered
that change Of venue be made. and
that the case be taken before Judge
Kneeshaw, of the Pembina district, on
the grounds that he was biased, be-
ing a taxpayer in the county, and
interested in it's welfare.
This action is the latest taken in a
situation that has threatened to upset
the political balance In Ramsey coun-
| ty, and still seems to be a question
that will arouse much feeling. The
county commissioners were divided in
| their sentiments on the question Of
constructing new jail, and at the
last vote on accepting the bid Of DIM
ME Bros. OF Grand Forks the chair
man Of the board, Nesseth failed to
appear. The papers were signed
however. by clear M jority of the
board, three members, ard the COM
tractors started on the job,
! Then a back-fire on the action APP
| peared in the rural districts of the
county, and the prevailing sentiment
| OF the rural district against any ex-
penditures that promised to benefit
the county seat more than the country
crystallized into life behind the ap-
peal, that was formulated at Edmore
by certain Of the most dissatisfied. A
i paragraph Of the law which provided
for an appeal to be taken by the
states attorney against any action Of
the county commissioners, when a pc
tition by seven taxpayers of the coun-
ty is presented to him, gave the open
ing for the attack and the petition
was soon being circulated.
i Notice Of Appeal.
u Interest was then awakened as tc
what States Attorney Duell would dc
with the petition. and he held Off for
some time, He finally took action
and filed the notice Of appeal with
! the clerk of court, at the same time
giving out in an interview that he die
not believe the method taken to be
the proper remedy at law, and thai
! the petitioners should have gotten out
J an injunction against the action, and
J had 1t argued Immediately. The com.
/ missioners retained p. J, McClork d
i Devils Lake and announced that they
: would fight the matter. Meanwhile
8 Dinnie Bros. who at first started Il
i rush the construction work, droppet
q everything, and are now waiting TO
7 some sort of conclusion to the lega
r trouble. They have no interest in thi
eli fight, except that they stand to los,
8 IL the commissioners action is held II
n legal. The senior member OF the firm
Q was in the courtroom this after
e noon, when the case was again givel
another delay, and stated that his firn
: would do nothing more until the.
: knew where they stood.
What the outcome OF the matte
: will be seems very doubtful. but a
g present Ramsey county is going with
4 out the new jail, Politicians and tn
q people generally are all title uncer
r tain Of which way they should stand
: and many OF them are envying Judg
9 Cowan's ability TO side-step the issue
4