The Washburn leader. [volume] (Washburn, McLean County, N.D.) 1890-1986, 1910-02-18
BECK, SHERIFF
OF MCLEAN co.

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5 Office Of County Sheriff Case
Attracted Attention.
In a decision handed down yes
terday the supreme court reverset
the district court and dismissef
the action brought by Gilbert
Holtan against John A. Beck, for
the possession of the Office OF
sheriff of Mclean county, the ef-
feet of the decision being to con.
firm Beck in his Office of sheriff
1and to knock out Holtan, who was
appointed by the county commits
sioners, on the ground that a va
cancy existed.
| Beck was elected sheriff of Nc
Lean county at the last election,
and at the same time Sheridan
county was segregated from Nc
Lean. Beck was resident of Nc
Clusky, so it was alledged in the
case, at the time he ran for Office,
and was elected, and the county
commissioners at their meeting
in January, declared the Office of
Sheriff vacant, on the ground that
Beck was not resident of Nc
Lean county at the time he was
elected.
Gilbert 'Holtan was appointed
sheriff, and brought an action
against Beck to determine his
right to the office. The district
court rendered decision confir-
ming Holtan in his office as
sheriff and ousting Beck.
The supreme court reversed the
decision and dismissed the action.
The syllabus of the court is as
follows:
Gilbert Holtan, Plaintiff and Re-
spondent. vs.. John A. Beck,
Defendant and Appellant.
l. In an action brought under
chapter 25 of the code of civil pro-
cedure for the purpose of trying
title to the office of sheriff of Nc.
Lean county it appeared from ad-
missions of the pleadings that de-
fendant and appellant received a
majority of the voters cast for the
Office of sheriff of said county at
the general election held in Nc
Lean county in November, 1908;
that he was declared to be elected
by the county board of canvassers
and a certificate of election issued
to him by the county auditor; that
he qualified by taking the oath of
Office and filing good and suffi-
cient official bond which was duly
approved by the board of county
commissioners of Mclean county;
that he thereupon entered upon
and performed the duties of said
Office of sheriff and was at the
beginning of said action, exercis.
ing the functions of said Office,
over defendants objection, offered
in evidence parts of the minutes
of the board of county commits
sioners Of Mclean county, recit.
ing that on January 7th, 1909, at
a regular meeting of the board
a resolution. was passed declaring
Office to be vacant by reason Of
the fact that John A. Beck, the
!. party elected thereto, was not a
resident Of Mclean county as then
constituted; and that at subse-
quent meeting, on January 8. 1909,
said board appointed Gilbert Hol-
tan as sheriff of said county and
accepted his official bond. Plain
tiff also offered in evidence pri-
mary election petition Of defendant
John A. Beck, in part Of which he
stated under oath that on March
4 IA, 1908, he was resident Of Nc
Clusky, which at the time Of trial
and at all times after December
"a, 1908, Was in the newly segre-
gated county Of Sheridan, also a
copy Of the poll list. Of McC Clusky
precinct showing that on June "A.
/ 1909 i. AZ. Back voted ne a nfi.