The evening times. [volume] (Grand Forks, N.D.) 1906-1914, 1911-03-18
Important Effect Had By De.
cision Made Friday Even.
ing on Pending Action
PRER0GAT|vE WRIT WAS
GRANTED AGAINST COUNTY
While Finding Runs Opposite 20 New
Organization, With Officers Suspend.
ed and Certificate Of Election De.
clared Invalid.

tion of Stevenson county out Of a part
OF Mclean county has. In effect, been
wiped out by the supreme court, al
though that court enjoins the county
officers Of the new county from assum.
ing Jurisdiction. is the contention Of
Attorney Geo. A. Bangs Of this city
The decision. handed down Friday
evening by the supreme court, grants
the prerogative writ Of Injunction
against the Stevenson county officers.
at the same time declaring the GER
ttf1cate Of election fled with the sec.
retary Of state by County Auditor
Myers Of Mclean county, null and
void.
Reversal Of the position taken BY
the state in a previous case involving
the legality Of the Stevenson county
election of 1908. in which the court
held that the publication Of the elec-
tton notice was insufficient, is the
basis on which Attorney Bangs, him
self counsel for the Stevenson side
Of the controversy, declares that the
new county has won a distinct victory
In the states highest court.
Certain language in the opinion in
state VS.. Myers, 1874 N. w. 701, where
in it was held that four weeks pub
lication Of submission of county di-
vision proposition is essential. was
inadvertently used and the same is
disapproved," Is a. portion of the
courts syllabus in the decision of FRI
day evening.
f! Hinged on Publication.
! When, Immediately following the
election of 1908, the county auditor of
Mclean county refused to certify to
the secretary of state the result Of
that election, declaring it to be in
valid by reason Of insufficient publica-
tion of the notice, action was started
certificate. AS an outcome Of that
case the decision that four weeks
notice was required, was made by the
supreme court.
Now, the supreme court. reverses
it's former position, and it is believed
that it has practically done away
with all legal objection to the forma-
ton Of the new county Of Stevenson.
The application for the prerogative
writ of Injunction, made shortly after
the certificate Of election was fled
with the secretary of state. and by
that official in turn certified to the
governor, was based on the fact that
there was then pending In the district
court mandamus action in which the
legality of the election was ques-
toned. That action was the case
previously decided by the supreme
court and by it remanded.
When the application for the writ
to enjoin was made. the defendants,
namely, the county officers appointed
by the governor and by the board Of
commissioners for Stevenson, de-
murred, moving to quash the order
to show cause. That motion. how
ever, is overruled by the supreme
court.
Effect of Decision.
In effect. the decision Of the court
on this motion to quash, Is that the
supreme court takes original juris-
diction, that prerogative writ en-
Joining the officers of the county is is
sued, that the certificate of election
recently filed with the governor is null
and void and that, as natural Sc
quence, the appointment by the gover-
nor of the board of commissioners 10
illegal, that 1t was legal fraud upon
the people interested for the county
auditor. mere nominal party. to at
tempt to end litigation by certifying
the result of the election to the sec
retary Of state. and to set aside its
former decision that a four weeks
publication of the election notice was
necessary.
The syllabus follows:
The state of North Dakota. ex rel
. Andrew Miller, attorney general Of the
state Of North Dakota. plaintiff, vs.
Alexander Miller. Fritz Giffey. Ed
Hanlon, NJ. F. Minehan. J. j. Bodies
and F. E. Wright and Herbert F.
O'Hare. defendants.
1. The supreme court, in the exer-
else of it's original jurisdiction. will.
under the facts alleged in the petition
and on the application of the attorney
general in the name of the state. issue
it's prerogative writ to enjoin an al
legged new county and those assuming
to act as its officers, from exercising
Jurisdiction over the territory em-
braced within such new county until
the district court, in which is pending
proceeding to determine the validity
of the election at which the PROPOSE
tion was submitted for the organtza-
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