The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1911-02-22
FOUND GUILTY
OF CONTEMPT
COMM sSIoNERs OF KIDDER
COUNTY ARRESTED-sEN-
TENcE SUSPENDED.

Bismarck, N. D., Feb. 22.-County
Commissioners f. e. Russ and FL.
Crawford of Kidder county appeared
before the district court here to stand
trial for contempt of court. The action
resulted from the issuance of war
rant of attachment by Judge VIM
chester a few days ago, ordering the
sheriff of Kidder county to place them
under arrest and bring them before the
court at Bismarck to show cause why
they should not be punished for con-
tempt of court in refusing to obey a
writ of mandumus issued by the court
on Jan. 2S, requiring them to desig-
nate the Happen state bank of Daw-
son as depositaries of the Kidder
county general fund.
The defendants based their defense
upon the. fact that they had appealed
to the supreme court and therefore
thought that they were relieved Of
obeying the writ Of mandamus. They
furthermore stated that they had at
meeting of the board of commissioners
held few days ago proceeded to des-
ignate the two banks need as county
depositaries.
After hearing all of the evidence that
was submitted, the court rendered a
Judgment of contempt in which 1t was
set forth that although each of the de-
PENDANTS were guilty Of contempt of
this court in having wilfully, knowing
w and Intentionally violated, disobeyed
and failed to comply with the order
and mandate of this court contained in
a writ of peremtory mandamus issued
in the above entitled proceedings" the
said misconduct of said e. e. Russ and
II. Crawford els mitigated and excused
by subsequent compliance on Feb. Is,
1911. with the order of this court con-
tanned as aforesaid in said writ OF
peremptory mandamus, except as TO
loss, injury, cost and expense occa-
stoned to Happen State bank Of Tap
pen, n. D., the plaintiff and relator
above named, by failure of said f. Il.
Russ and II. Crawford to designate
said plaintiff and relator as deposit
tary Of the general county fund Of
said county"
1t was further ordered and adjudged
that las indemnity to said plaintiff and
relator for said costs and expense &C.
casioned as aforesaid, the said E. E.
Russ and H. Crawford forthwith pay
to the Happen State bank, Happen, n.
D., plaintiff and relator herein, the
sum of $27.75, it's taxable costs OF said
proceedings and mandamus, the fees Of
the sheriff of Kidder county, and at
taching the person of said +. e. Russ
and H. Crawford, under the warrant
of attachment issued in the proceed
ings and contempt herein, $13.S2, the
fees of the clerk of the district court
of Kidder county and all fees rendered
in said proceedings and contempt, and
any payment made by the county of
Kidder for any expense or costs oc-
casioned by said proceedings and man
damus of the said contempt proceed
ings arising therefrom; and
THAT i'm default Of the payment of
said indemnity and costs and expenses
in full, the said E. e. Russ and H.
Crawford be committed to the Jail of
said Kidder county until the said in
demnity in the sums hereinbefore set
forth be paid as ordered"
After rendering judgment. it is said
that the court stated that If the parties
In the case would reach an agreement,
he would suspend sentence, and after
a conference the county commissioners
who are named as defendants agreed
to nav all of the costs which had been
incurred by the banks in bringing the
proceedings and also pay all costs
which might have been charged to the
taxpayers of Kidder county.