Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1912-10-02
GRAND FORKS
LOSES ITS CASE
ASSESSOR, AND ATTORNEY Hello
~ SUPREME COURT 70 De
IN CONTEMPT,

Stt.NsNt ESENsNS. ~. W. VNN. e
The Supreme Court has taken iuris
dtction Of the contempt proceedings
brought against Sim Miller, city as
SCISSOR, and ], II. Winemaa, city at
,orney, in connection with the viola,
ton by them of the injunction grant.
ed by Judge Templeton. last May, in
the matter OF the attempted cxten'
sion OF the boundaries and limits OF
the city by issuing an alternative wri,
OF mandamus,
The writ is directed to the dis,ric;
vonrt OF Grand Forks countp and re
auircs the latter to make an order
vacating. annullinc ana setting aside
its order dated June 10, 1919. made
III the case OF the Red River Brick
corporation VS., the city OF Grand
Forks ct al, dismissing Miller. Wine.
man and others from the contempt
proceedings.
In addition the order requires that
the district court make its further
order, finding and declaring Mr.. Nil.
Ter ana Mr.. Wineman. and the city to
be guilty OF contempt of the said dis.
sr'et court in violating the prchibitiye
injunc,ional portion of the judgment
entered by Judge Templeton on May
6. in the city extension case and to
Impose upon them a fine in not less
than an amount sufficient to REIN,
hurse the brick company for their
damages, With their costs and ex.
penSes. including attorneys fees in.
CURED in the contempt proceedings.
II will be recalled that in the
spring of 1911. the city of Grand
Forks attempted to extend its bound.
aries under a law enacted the preced.
ing winter.
Practically all OF the people in
hahitins and owning property with.
in this proposed extension. objected
and protested thereto; the extension
proposed to bring within the limits OF
the city, the cemetery, the state fair
grounds, the university grounds and
buildings, the Wesley college, Aeker's
Business college and about a mile OF
the right Of way of the Great North
ern Railway company. together with
about the same amount of the North.
ern Pacific Railway company's right
Of way, and the street railway tracks,
in addition to 400 or 800 acres of
farming and hay lands adjoining the
city.
The Red River Valley Brick cor,
poration. ;oether with the township
OF Falconer and school district No. 50
applied to the court for an injUnc-
ton restraining the city from exer-
cising any jurisdiction or powers un-
dc tbs alleged sxtcuson: the case
came on for trial before Judge Tenn
ple,on In April. 1912. Judge TEN pic.
ton held the proposed extension void,
and on May ., the judgment OF the
district court was entered in accord.
ance with the prayer OF the plaintiff
enJainins and restraining the city and
its officials from attempting TO tax
the property or to exercise any power
CT jurisdiction under the attempted
extension.
In the early part of June the plain.
tiFs discovered tina; the assessor, act,
Ing under the instructions OF the city
attorney. was assessing the property
in violation of the sRjunction: inior.
maton was laid BEIGE Judge Temple.
ton, and these officials we've cited be.
fore the court TO show cause why
they should not be punished for con-
tempt: in the meantime Judge Tenn.
pletoR was taken ill and another
judge was called in to hear and dc,
t.rmine the contempt proceedings.
In these proceedings the officials were
dismissed wherupon application WAS
made to the Supreme court for the
writ which was granted as above
set forth.