The Bemidji daily pioneer. [volume] (Bemidji, Minn.) 1904-1971, 1910-08-15
THOUSANDS INVOLVED
CASE NEARING A CLOSE
CONTINUED from First Page]

| ~ SAAS W OS 0uOSA oNSSu
the total amount of bonded and
floating Indebtedness of the par
ent county, and the remainder of
the indebtness paid by the old and
new counties proportionatelY, &C
cording to the assessed valuation of
each; the newly created county
being required to levy tax to
meet its share of the indebtedness.
The commissioners were duly
appointed by the governor and the
county buildings appraised at $780,
756. AS appears from the writ of
mandamus, the total bonded and
floating indebtedness of Beltrami
county at the time of the division
amounted, approximately. to $175,.
900. Subtracting from this amount
the value of the county buildings
and the amount of the sinking fund
on hand and there remained debt of
approximately, 1913, 900 to be paid by
the two counties, and according to the
last assessed valuation of the coun-
ties proceeding the division. Clear
water county was required under
the law to pay, approximately, 1884,.
600 of this $4,000, and to levy a
tax for that purpose.
The commissioners of Clearwater
county, however, neglected to levy
the tax required by law. Mr..
Loud was county attorney at
the time and remained in office
until 1905; Mr.. Mcdonald fol-
lowed Mr.. Loud and remained in
office until January, 1907. Mr..
Funkley followed Mr.. Mcdonald,
and in October, 1903-nearly six
years after the county had been
divided-Mr. Funkley brought an
action against Clearwater county
asking for money judgment in the
sum of $23,958. Clearwater county
filled demurrer to this complaint
and no further action was taken in
the premises until Mr.. McKusick
assumed the duties of the county at
torney's Office. Mr.. McKusick at
once took up the case and insisted
upon an argument of the demurrer
which had been interposed to Mr..
Funkley's complaint.
Clearwater county then engaged
the services of the firm of Spooner
& Brown of this city to assist Mr..
Stenvick, the attorney of Clear.
water county. The demurrer was
argued and sustained, Judge
Stanton holding that the action
brought by Mr.. Funkley would not
lie, and that the only remedy
available to Beltrami county
was by mandamus to compel the
levying of the tax. An appeal was
taken from Judge Stanton's decision
to the supreme court, and in
January, 1910, the supreme court
handed down the decision of
athrmance. -
This de cision of the supreme
court did not touch upon the merits
of the case; it simply defined the
practice and pointed out the course
to pursue. Beltrami county then
applied for the court for
peremptory writ of mandamus.
Clearwater county again objected
and insisted that an alternative
writ of mandamus should be first
issued. In this contention Clear
water county was again sustained
and an alternative writ was applied
for. This last named writ was
attacked upon various grounds but
the decision of Judge Stanton, re-
Gently made, holds that the alterna-
tive writ is sufficient in every respect
and Clearwater county is now re-
quired to answer and try the case
upon its merits.
Clearwater county may, within the
next thirty days, take an appeal to
the supreme court from Judge Stan
tons decision. 1t has an option to
90 this or to file an answer to the
alternative writ and then the case
must be submitted and determined
upon its merits.
YOUTH DRAGGED TO DEATH