Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1911-09-23

show cause, the Hon T. F. McCue,
attorney general, appeared for the
secretary Of state and moved to quash
the application for the writ Of GER
tiorari on each Of several grounds,
denying the correctness of the con-
tention of the relator. He also made
return setting forth the proceedings
had, and alleging that he had in all
things compiled with the provisions
of the statute. referred to. Upon ar
gument based upon the files in the
case, the affidavit of said Cowan and
the return OF the secretary of state,
the writ was denied and the order to
show cause quashed, and the proceed
ings had at the instigation of the
relator dismissed. Judgment" was en-
tered accordingly. From this judg-
ment the .relator is here on appeal.
The appellant filed an elaborate
brief in this court more than two
years ago. No brief was ever fled on
the part of the secretary Of state and
much delay was occasioned in the
hearing and consideration of the mat.
ter by this failure. Before argument
new attorney general and a new
secretary Of state had assumed the
duties Of the offices. The assistant
attorney general appeared on the ar
gument before this court and stated
that the office of attorney general did
not desire to argue the case; that
they deemed it due the court and
themselves and the office Of the sec
rotary Of state that explanation be
made regarding the states position;
that when the change occurred in the
Office Of the attorney general no brief
had been filed or prepared, and that
the new officers spent some time IN
attempting to find authorities sustain
ing the action Of the secretary Of
state and the district court, but that
they were unable to find any cases,
which had not been over-ruled, that
would sustain the position of the
state; that thereupon the matter was
submitted to former Secretary of State
Blaisdell who spent considerable time, |
with the aid of outside counsel, In !
investigation, and at length informed
the attorney general that he would |
be unable to prepare brief defining |
his position in the matter; that the |
attorney generals office felt, under
the circumstances, it would be folly |
to try to make out case. However,
the attorney general declined to con-
sent to a reversal of the Judgment.
Our view of the law renders 1t un-
necessary to pass upon several OF
the grounds relied on by appellant for
a reversal. 1T will be observed that
the statute does not expressly re-
quire the complaint to be verified. The
complaint of the attorney general was
No provision is made in.
the law for administering oaths to
the witnesses who might testify be-
for the secretary of state on the hear
ing, or for securing or compelling
the attendance Of witnesses, either
on the part of the state or of party
accused. The complaint may as we'll
be made by an irresponsible individual
as by the attorney general. and the
party complained of might readily find
itself in the position of being cited
to appear and show cause why it's
to do business should not
be revoked or why its charter, If a
domestic corporation, should not be
forfeited, on mere unverified allega-
tons Of some irresponsible or vindic.
tive person, and on appearing, find it.
self wholly powerless to present any
defense by reason of the inability to
compel the attendance or secure the