The evening times. [volume] (Grand Forks, N.D.) 1906-1914, 1910-04-28
Governor Burke Declared That
Collins Would Answer in
Court Later
SEVERAL AFF|DAV|TS WERE
FILED WITH THE BOARD
Among These Affidavits is One by ].
Nelson Kelly Of Grand Forks. Who
Wanted to Purchase the Land IN
Controversy.

Bismarck, N. D., April 2s-This
morning the investigation by the
state board of schools and university
fands into an alleged fraud in the
sale of certain piece of property in
ToWner county was opened, the norm
Ing session closing at IL o'clock under
rather interesting circumstances. and
the afternoon session being taken up
at 1880 o'clock.
D. B. Collins, who made the am.
davit charging fraud, out of which has
grown the present Investigation, was
represented by Attorney McEnro of
Fargo, while G. ]. Lord and H. H.
Thompson of Cando, also present,
were represented by Attorney Scott
Rex OF Grand Forks, they being inter.
ested In the hearing by reason of hav.
ing been connected with the purchase
of the property in question.
Wanted Brightbill to vacate
Attorney McEnro created the first
sensation by asking that State Audi
tor D. K. BrightbiN withdraw as a
member Of the board for the hearing,
He said that Mr.. Brightbill had been
auditor of Towner county at the time
the sale was made in 1901 and that
for that reason it would hardly be
proper for him to act on the board
Mr.. Brightbill, however, refused to
vacate his position and remained az
member for the hearing.
Introduced Affidavits
With the close of this feature came
the introduction Of afidavits. The
first was that Of D. B. Collins, which
was submitted with supplementary
afidavits. There was also an afidavit
by Amos Blackburn, a farmer Of
Towner county.
| Grand Forks Man Involved q
Probably the most interesting afi-
davit offered by Attorney McEnro In
support of the claims made by Collins
was that of Prof. J. Nelson Kelly of
Grand Forks, superintendent of schools
in that city. Mr.. Kelly said that he
had gone to Towner county to attend
the land sale in 1901, that he had pick
ed out this certain piece of property
as being a good buy and that when he
made inquiries Of Commissioner Of
Lands D. j. Laxdal, that he was in
formed the land was under lease and
would not be sold at that time. He
only learned Of the sale of the land
at a later date.
Another Feature Up
Another new feature of the case
this morning was the introduction Of
exhibits tending to show that H. H.
Thompson of Cando, son of former
United States Senator F. L. Thom1,-
son. had purchased 100 acres at the
1901 sale, giving in payment check
for the first installment on October
81, 1901. The land was sold at 1926
an acre. The stub Of the first re-
ceipt is marked void, and a second
receipt. issued January %, 1902, Is
claimed to have been issued showing
the price of the land to be SO an
acre.
Collins on Stand
Mr.. Collins was then called to the
stand and answered quite a number
of questions put by Attorney McEnro
He explained that he had previously
filed charges in the case but had
withdrawn them on threats Of being
busted up in business"
Following the examination by Nc
Enro, Scott Rex attempted to cross
examine Collins, but he refused to SUBJ
NIT.
He declared that he did not have to
answer questions on cross examina-
ton until he got into court, If he ever
did. At this point Governor Burke.
president of the board, arose with
flashing eyes, saying, That's right
where you will be Mr.. Collins. in
very short time, and then you will
be compelled to answer the questions
you have refused to answer here, and
then we shall see."
There was some little discussion on
this feature of the question and the
board adjourned till the afternoon