Williston graphic. (Williston, Williams County, N.D.) 1895-1919, 1912-09-05
VOL. XVIII, No. II.
BOWBELLS NOW
COUNTY SEAT
SUPREME COURT HANDS DOWN
DECISION IN LONG FOUGHT
CASE

CASE
Grand Forks, September IA NJ
ieation, which has been before sne
courts of North Dakota for prac-
ac.lly four years and which con-
earned the formation of separate
counties out of Burke county, was
apparently ended this morning when
tho supreme court handed down
decision declaring Bowbellls the eoun-
ty seat of Burke county. Whether or
not this is the end Of the case or
inst marks the end of another chap
ter remains to be seen, but it is gen.
orally believed that there will be no
more litigation over it.
The cases that led up to the de-
cision this morning are among tne
most interesting ever tried In the
state, and each one has been followed
with more than usual interest. The
decision this morning also marked
another victory in the series OF cases
for Attorney Geo. A. Bangs Of this
city.
The litirations started with the
propositions to divide the Empire
Of Ward as it was called, into four
separate counties. The proposition
to form Mountrail county had al
ready been certified by County Audi
tor J. W. Fabrick, but he refused to
place the propositions Of forming
Burke and Renville counties on the
ballots.
The first case started by Mr.. Bangs
was to secure an original writ OF
mandamus compelling the county au-
ditor to place the Burke and Renvlile
PROPOSITIONS on the ballots. The su-
prene court decided in favor OF Mr..
Bangs in the case, and consequently
the voters were called on to decide
whether or not the three counties
should be former.
The Mountrail proposition carried
but the Burke mad Renville PROPOSE
tions were defeated. ...s
A second case was then taken to
the supreme court to determine
whether or not the Mountrail PROPOSE
ton should be decided on a majority
of votes cast on the proposition or
on a majority of votes cast at the
election. The supreme court held
that it was merely the number OF
votes cast on the proposition.
Contest Cases Started
Attorney Bangs then started two
contest cases to determine whether or
not the Kenmare votes should be
thrown out on the grounds that they
were not registered. 1t was contended
that the state law required that where
there were 100 or more votes they
should be registered. 1t was further
contended that Kenmare had just 16o,
and that, therefore, the votes should
be thrown out. The case was tried
before Judge C. F. Templeton OF this
city, but he decided against Mr.. Bangs
The case was carried to the supreme
court. That court organized Burke
county, but defeated the Renv'lle pro-
position
The court later granted a re-hear-
ing on both cases. In the Burke coun-
ty case they decided the same as IN
the first action, but in the Renvllle
county case they declared the county
organized.
Governor Burke then appointed the
county commissioners for each. The
Burke county Board decided that Bow
bells should be county seat. With Llg-
mite as the opposing city, the question
as to whether or not Bowbells should
be the permanent county set was
voted on at the election two years ago.
Ignite was declared the county seat
BY a majority of about 1os, but the
canvassing board, on the recommends
ton of Attorney Bangs, threw out the
votes of nine or ten precincts on the
grounds that they were not cast at
"the usual places" which were desle-
mated by the county board at the pre-
cinct voting places.
Another litigation was decided, and
the case was tried before Judge lem
pleton. He decided that the votes
should be thrown out on the grounds
that they were not cast at the regular
places. The case was carried to the
supreme court, and, in their decision
this morning, that body upheld Judge
Templeton.
Attorneys Noble, Blood 4 Adamson,
Arthur LeSueur and Bosard & Twifofd