The evening times. [volume] (Grand Forks, N.D.) 1906-1914, 1910-03-01
JUDGE WATTS SAYS
WARRANTS MUST
Be PAID
Arguments Concluded on Mon.
day Afternoon-No Time
Lost in Decision

Late Monday afternoon .jutss
Watts Of the district court rendered
a decision In favor OF the plaintiffs in
the case involving the mandamus PRO
ccedtngs brought against City Treaz-
urer Mcllraith by the water and ligh,
commiasion upon his refusal 10 pay
warrants issued by them. The case
has been hanging fire for long time
and the finnl outcome waa awaited
with interest throughout this COM
munity.
The trial was resumed Ga Monday
afternoon about 3 o'clock, after A
continuance Of several days, and IN
asmuch as the main facts and details
OF the case had previously heer
argued In court the attorreyz .eeut-ea.
hut short time to naas their E1aI
arguments. In the absence ri C-t--
Attorney Naz4ee, At.rcruey 4 4 IL
Ter Of Crockztsn- VIC 1as asass.s:.:
Mr.. NaaEee Throughout ne s1-..z
hearing and Eas veil 7ersed -s.1r-
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Judge Warrs dezzssan II mi $ s
follows
The state IT din-1esssara- III rs@
ton OF 4. y. ar= }. i-aE r1ru
J. H. Johnson as he SaIe-.. Ign.
power and building caE1misssau u tre
city OF East Grand Fars5- Mn1essp.f.
and Robert Brairhxair 10. .anes NJ
lllraith as the treasurer Of sa1n ,.;f-r.
respondent.
This cause having come On let1re
the court without jury at the cour-
mouse in the city Of CrooksIon IN
said county and state. upon the return
of the respondent to the alternative
writ of mandamus and the issues
thereby made G. A. E. Finlays son and
Martin O'Brien appearing as attorneys
for REALTORS and F. c. Massee and A.
A. Miller appearing as attorneys for
respondent, and having been duly
tried and submitted and after due
consideration had, and the court be-
ing fully advised in the promises,
makes the following findings of fact:
Findings Of Fact.
"Ffrst-That all the allegations of
and contained in paragraphs number
ed. 1. 2. 3, 4. s, Z, s. 10. IL and IA Of
the alternative writ of mandamus
herein are true.
"Second.-That during all the year
1909 to December 9, 1909. c. p. Zim-
norman was the duly appointed,
qualified and acting city clerk Of said
city of East Grand Forks. but on the
9Th Of December. 1909. the said C. P.
Zimmerman absconded from said city
and at all times since has abandoned
said ONCE of city clerk and ever since
December 8, 1909. his whereabouts
have been unknown; and that at all
times from and after the 18th day OF
December, 1909, to the sth day of
January. 1910. George K. Chambers
was the de facto and acting city
clerk Of said city and performed all
the duties Of and held said once dur
ing said time. and during all of said
time signed his name while acting a
such city clerk and being the de facto
city clerk Of said city rs Asst. City
Clerk" all of which was we'll known
to and approved and ratified and rec
ognized by the city council. mayor OF
said city and this respondent. and
during all of said time the said George
K Chambers was generally recogniz-
ed by the public as the city clerk of
said city.
THAT on the 9Th day Of January,
1910. the said George X. Chamber.
drew his warrant which is exhibit
C. set forth in said writ upon the
treasurer Of said city and as such de
facto city clerk of said city attested
said warrant Geo. K. Chambers. as
sistant city clerk and delivered the
same to the relator. Robert Braith-
wait and when he 50 attested said
warrant the said George K Chamber.
was the de facto city clerk of said
city.
"Third.-That on the 10th day Of
January. 1910, the relator, Robert
Braithwait. duly presented said war.
rant to the respondent for payment
and demanded payment thereof, bu,