The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1910-12-22

4 &AtV ANOALAt DdhOId supreme COURT
handed down number of exceptional.
| ly important decisions yesterday. In
the case of the state of North Dakota
VS.. w. Fl. Gottlieb, appealed from the
district court of Wells county, the high
court states that the constitution of
North Dakoa does not confer the right
of preliminary hearing.
In the case of the disbarment of viii
liam Maloney, an attorney of Wheel
oc@, N. D., the supreme court reverses
the decision of the district court.
which suspended Maloney from prac-
tice of law for ninety days.
In a case from oliver county entitled
Iva o. Jenness VS.. S. H. Clark. being
contest over filling the Office of coun-
W superintendent of schools, the SUI
preme court holds that a person who
IS ineligible to a public office cannot
be elected thereto. There are other
important rulings in this case.
Following are the syllabusses in the
cases. as handed down yesterday:
The Gottlieb Case.
In the supreme court state of North
Dakota, October term, 1910.
State of North Dakota, respondent,
We. w. H. Gottlieb, appellant.
l. the constitution of North Da-
kota confers no right to preliminary
examination. 1t Is accordingly held
that section 35, chapter 80, Laws of
1909 OF this state, which provides that
no preliminary examination shall be
necessary before trial in criminal ac-
tions in the county court is not I'M
constitutional.
2. The states attorney instituted q
action in the county court h.,
filing therein an affidavit in the form
OF criminal complaint sworn to posi-
lively wherein facts were stated show
ing the commission by the appellant
OF the crime of maintaining a COM
mon nuisance in violation of the Pro-
hibition statute of this state. and bv
Ming at the same time his informa-
ton in due form and verified on in
formation and belief in accordance
with the statute. A motion was mazda
to quash such information which was
overruled. Held, not error for reasons
stated at length in the opinion.
). The provisions of chapter 80,
Laws Of 1909, authorizing the institu-
ton OF criminal proceedings in the
county court by the filing of informa-
Llons by the states attorney, should be
in connection with section
Ii of the constitution which provides
that mo warrant shall issue but upon
cause supported by oath or
affirmation.
A.. At the time the states attorney
1led his information in the county
court ne also filed positive affidavit
IN the form of a criminal complaint
setting forth all the facts alleged In
such information; Held, that this was
4 SUFFICIENT compliance with section 1s
Of the constitution.
3. The prosecution offered I'm evil
aence certified list of special tax
payers furnished by the collector of
revenue, which list includes
defendants name, and the same was
in evidence over defendants
objection. Held, error for reasons
stated in the opinion; but further held, |
hat such ruling was non-pretudicial
is the record -discloses that had such
evidence been rejected no verdict 9th |
n than that Of guilty could have been |
'endered by honest jurors undr their |
'aths, the uncontradicted testimony of |
hree witnesses establishing defend |
Lnts guilt beyond the peradventure of |
doubt "
g. After the case had been submit
ed to the jury and before a verdict
vas returned, one of the Jurors was
permitted to separate from his fellow
urors upon leaving the hotel where
he jury had supper. He went to a
'arn to feed his horse and was gone
tut brief period and he overlook and
oined his fellow jurors before thew
cached the courthouse. Such Juror
made an attidavit that he talked with
10 one about the case during such
eparatlon Such irregularity is urged
Y defendant as a sufficient ground
or new trial under section 10000
!. c., 1905. Held. that such motion
,as properly denied, 1t being shown
fnrmatVely by the prosecution that
o prejudice resulted to defendant by
ne irregularity complained of.
Syllabus by the court.
Appeal from county court. Wells
ounty, Wartner, ].
From judgement of conviction for
common nuisance. de- f.
endant appeals.
Affirmed.
John o. Hanchett, attorney for an.
ellant
John A. Layne, states attorney: An ,
rev Miller, attorney general. q. T,
Dung, assistant attorney general for :
,spondent.