The evening times. [volume] (Grand Forks, N.D.) 1906-1914, 1911-10-04
WILL CARRY CASE
TO SUPREME
COURT
Judge Watts Favors City
Clerk in German Finlay-
son Case

An appeal to the supreme court will
pc taken Within the next thirty days,
IRON the decision handed down hy
Judge Watts, in favor of the defena-
ant IN the cast of Mrs. y. ~tinluyson
VS.. CITY Clerk James German. This
case mad It's inception in the famous
water, light ana building commission
case against the city. In this cas,.
Attorney g. ~. Il. l'inlayson for the
plaintiff asked for IL writ of munaa-
mus TO compel City Clerk German to
ISSUE IA warrant i'll the sum Of $22a
III payment Tor services rendered the
water and light commission, this
mount later being. assigned to" tic
plaintiff in the action.
me case is an offspring of the case
which WAS fought out i'm the courts
last year. In the month of January.
i9lO. after the city council had re-
FUSED TO pay any warrants authorized
by the water II light commission, :;
test case was made in which Robert
ing department. sued City Treasurer
James Mcllraith. the action was
brought by the water and light COM
mission with ~lirathwaitc as plainti!y.
IT was in this case that Att. cy G..
y: Il. Finiayson and Attorney Martin
6llen OF Crookston We're secured as
cnunsel when City Attorney T.. c.
's''S.'S ~ lEoCil ~ stCl IOG Inc COMMITS
sion.
The amount sued for, which City
tlefk German at the direction of he
CITY council refused to draw a. warrant
Tor, Is the amount due Attorney Fin
laNs"n Tor attorney fees. About MAY
L hahdamus proceedings were insti-
tntcd against the city clerk in an er-
iorl TO compel him to draw the war
rant for $50 in favor of Mrs. A.. Fin
IfNSOn. IhaCn Ivnp.n .1tc,,,;a.1 - "
grounds that the commission had NOT
passed on the assignment from Attnr-
ncN Flnl;iyson to Mrs. A.. F'inlayson
y spcclal meeting was called and the
commission allowed the assignment.
City Clerk German wa; again asked
OF draw Il warrant for the amount.
bnt still refused, and the csac was
lhen argued before Judge Watts on
u demurrer. The case was argued
during May, but u decision was not
Forthcoming until Monday.
While this case was in the course
or litigation, Martin O'Brien brought
suit against Robert Braithwaite and
the city for his bill of S17S.3O. and
q. A. F.. Finlayson brought suit
against the city for $229.12 but up
TO the present time neither case has
been placed on the calendar.
In their arguments. attorneys for
respondent moved that the writ of
mlndamus be q1ashcd on the
grounds that: first. the petitioner
mad plain, speedy and adequate en-
.cdN IN the ordinary course of law:
second. that the petition did not state
state facts sufficient TO show the Dc
titioncr entitled to II writ of man
dttnins; third the petition did not
SHOW thai the claim OF domaine had
ever been audited, and adjusted by
mo civ PlrlsE IIann u-I,,,,, ,,,,, ;,
posed all tho duties.of city comptrol-
lei, as set forth in the laws of 1898;
fourth, that the petition did not .ct
forth any valid or legal claim against
the city or any claim which the COM
mission WAS by law authorized to
ALLOW or by which the city clerk
WAS authorized to draw IL warrant;
fifth, that til" commission had no
power or authority to hire G.. A. L.
F~inlayson or n other attol.ncy to
act as attorney and counsellor at
law; and, sixth. that the petition
did not show that the commission
ever appointed or retained or ever
attempted to appoint or retain G. y.
Il. ~FinlaySon rs attorney in its behalf
or in behalf o. the city rs required
hy law.
Judge Watts Decision.
If the supreme court uphoids
Judge Watts in his decision. it will
mean h a bills to the amount of
SS57.A2 cannot be collected from the
city and that the Water and Light
commission has no authority to hire
attorneys without first receiving this
authority from the city council. Fol
lowing is Il copy of Judge Watts de-
ciSion:
"Statc of Minnesota OF relation of A.
I'inlayson VS.. james German, us
city clerk Of the city of East Grand
Forks. the secretary of the Water.
Light. Power and Building commits
sion of said city. respondent.
'"ThiS cause having come Regular
Iy on for hearing before The under
signed Judge of said court at the
court house in the city of CroOkstOn
in said county by agreement of par
ties upon tho mutton. of the defend
ant to uu;,sh the alternative writ of
mandaiuus issued in this cause upon