Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1911-01-07
OBSERVATION-DISCLOSURES
ADJOURN TO February
OFFICIAL PAPERS WERE NAMED
BY THE BOARD
FRIDAY.
States Attorney Smith Submits Writ.
ten Opinion to County Auditor on
Question Of Craftsmanship.

The board of county commissioner!
completed its business session fol
January by finishing the checking VI
of the county officers, allowing a few
bills, and transacting other routine
business. Chairman Patterson
board adjourned until February, ant
Chairman Korn's board adjourned un
til February 2.
The board prior to adjournment
designated the Bismarck Daily Trib
une, the Palladium and the Mckenzie
Gazette as the official papers of the
county.
The situation in the county is pc
culiar. The facts of the case are gen
orally known by the residents AND
the outcome of the tang!e is awaited
with interest. The voters at the re-
cent general election voted to in.
crease the number OF commissioner
districts from three to five. There
upon the commissioners redistricted
the county, and later appointed two
commissioners to fill the vacancies
they claimed existed in those districts
The new commissioners-elect claimed
that the old board acted beyond its
authority and Commissioner Korn fl.
ed a protest against their acton.
On the first of the year the new
board qualified as follows: Commits.
sioners Patterson, Korn and Thomp.
son, having been elected; and Com.
missioner Davies having been appoint.
ed by the outgoing board. E. H. L.
Vesperman was appointed to fill the
vacancy caused by the expired term
of w. H. Webb. Messrs. Korn and
Thompson have not recognized
Messrs. Davies and Vesperman as
commissioners and elected Commits
sioner Korn as chairman of the board.
The other commissioners elected
Commissioner Patterson as chairman
of the board.
Therefore the business of the coun-
ty was practically transacted by two
boards during the recent meeting,
each board having it's own chairman.
When the bonds of the newly elect
ed county officers came up for ap-
prevail they were signed by both of the
chairman.
The other county officials have
been in quandary as to which is
the legal board and it is probable
that the matter will be taken into
the courts for final settlement. Coun-
ty Treasurer Kositzky has published
notice that he will not pay any
ordered drawn by the board
until the matter is decided. County
Auditor Healy has been in a dilemma
as to which of the chairmen to allow
10 sign the warrants that were
1raWn. he is in receipt of the fol-
owing letter from States Attorney
Smith, acting upon which he has rec
'gnized Commissioner Patterson as
he legal chairman:
Mr.. I. w. Healy, County Auditor.
Bismarck, N D.
Dear Sir: have before me your
written communication of the 4th in
tant which is as follows:
AT meeting of the board of
county commissioners of Burleigh
county. North Dakota. held on Sd
inst. the board organized. Mr..
Patterson received the highest
number of votes as chairman. The
vote being in favor of Mr.. Pat
terson and 2 in favor of Korn.
Mr.. Korn claims to be chairman
also. The question with me is,
whom shall l recognize as chair
MANI
"And in compliance with your re-
uest for my legal opinion upon this
tate of facts. advise you that Mr..
atterson having received the ma
ority of all votes he is duly elected
hartman and you should recognize
i'm as such.
Yours very truly.
"W. l.. Smith,
States Attorney"