The Dickinson press., 1912-07-06
BEACH WINS
co. DIVISION.

Few Nominees of Primary
Election Will Be
Eligible Now.
County divisionists of Billings county
have won their case and Golden Valley (
county may now be said to be officially
created.
Billings county voters balloted on
county division at the general election
Of 1910 and the proposition carried.
Opponents of division carried the case
into court alleging Irregularities in
conducting the election. Judge Temple
ton Of Grand Forks sat on the case.
Opponents of division carried their case
through to the supreme court where a
decision was handed down Saturday
declaring that Golden Valley county had
been created.
The decision of the supreme court
was not handed down until after the
primary nominations. 1t appears that
most of the candidates receiving nomi-
nations last week are residents Of the
new county of Golden Valley. T. N.
Porter Of near Belfeld, is an exception
and possibly Paul Lebo.
The order of the court gives stay of
proceedings of 20 days from June 10Th
at the end of which period Gov. John
Burke will appoint three county commits
sioners. The first act Of the new board
will be to appoint full set of county
officers and then to designate the tempo
rary county seat. The Golden Valley
people are already out with two sets of
commissioners and there will be battle
royal to see who can get Gov. Burke's
ear. Beach will of course get the county
seat. The firm of Casey & Burgeson of
Dickinson have been retained to assist
Jefferson g. Jones of Beach in landing
the new board. Attorney LA. Simpson
of this city is also retained in the case,
but with the other fellows. Everything
seems to hinge upon the appointment
of the new board.
As the PRESS understands the east
boundary line of Golden Valley is the
township line west Of the Little
Missouri river. The south line comes
within about four townships of the
Bowman county line. less jog of two
townships in the southwest corner of
Golden Valley. in the Burkey territory.
This makes the new county about so
miles north and south and some "a
miles east and west.
Billings county is still about twice
as large as Golden Valley. 1t is prob
able that the settlers OF the southern
portion of Billings, comprising about
townships north and south and town.
ships east and west. will get busy and
revive the Slope county division propo-
sition. If this proposition should carry
in the fall Billings county would then
comprise the territory east of the
river and south the length of Golden
Valley.
So far as this paper can see the
people of Golden Valley can elect officers
in the fall by the petition route.
The syllabus Of the supreme courts
opinion is as follows:
State of North Dakota. In the Supreme
Court. April, 1912 Tenn. Cheist Peder-
son. Plaintiff and Respondent, vs..
Board of Commissioners, Billings
County. ct al. defendants. and ]. r.
Waters. appellant.
1. Upon vote for county division
six precincts made retnms OF theil
respective votes upon state and county
officials, ETC., upon the printed blanke
furnished for that purpose and attached
thereto by means Of metallic fastenert
the tally sheet used by them il o0nnt-
ing the county division votes. However,
the tally sheet so used contained enough
writing and figures to conform to The
law as q certificate Of the vote. Held.
that it was the plain intent Of the pre-.
cinct officers to make certificate of the
votes so counted, and the case is dis
tinguishable from cases where the tally
sheet is merely returned with the ballots
and other papers, and no attempt made
towards certifying the result
2. Six precincts made nhIeturn ia
the county board and those were not
counted. Upon this contest, however.
the trial court examined enough of the
ballots Of said precincts to show that
the result Of the election could not be
changed if every vote uncounted were
conceded to be against county division.
II was therefore useles to continue the
count Of the ballots.
3. Upon the election. friends Of
county division caused to be printed
and distributed at the polls large
=. : - s,IIn, No Haze nniuh sS1n.rA3