The evening times. [volume] (Grand Forks, N.D.) 1906-1914, 1912-09-04
B0WBE[LS NOW THE
COUNTY SEAT Of
BURKE
In Decision this Morning Su-
preme Court Ended
Long Litigation.
WAS BEFORE u
FOR FOUR YEAR
Concerned Division of
Ward into Different
Counties.

the courts OF North Dakota for prac.
tically four years and which con.
cerned the formation of separatl
counties out of Burke county. was
apparently ended this morning when
the supreme court handed down a
decision declaring Bowbells the coun.
ty seat OF Burke county. Whether OF
not this is the end of the case OF
just marks the end of another chap
ter remains to be seen. but it is gen.
orally believed that there will be Mt
more litigation over it.
The cases that led up to the de-
cislon this morning are among the
mos interesting ever tried in the
state. and each n 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 litigations 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 Ease started by Mr.. Bangs
was to secure an original writ OF
mandarin compelling the county au-
ditor to place the Burke and Renville
propositions on the ballots. The SUI
preme court decided in favor of Mr..
Bang in this case. and consequently
the voters We're called on to decide
whether or not the three counties
should be former.
The Mountrail proposition carried,
nut the Burke and Renville PROPOSE
tons We're defeated.
A second case was then taken to
the supreme court to determine
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 1t was merely the number Of
votes cas- on the proposition.
Contest Cases Started.
Attorney Bangs then started two
contest cases to determine whether or
not h Kenmare votes should be
thrown out on the grounds that they
were not registered. 1t was contended
that the state law required that where
were $50 or more votes they
shoud be registered. 1t was further
ccntended that Kenmare had just 100.
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 Renville
proposition.
The court later granted a re-hear.
ing on both cases. In the Burke our
ty case they decided the same as in
the first action. but in the Renville
county case they declared the county
organized.
Governor Burke then appointed the
county commissioners for each. The
Burke county board decided that Bow
bells hould be county seat. With Lig-
mite as the opposing city. the question
as to whether or not Bowbells should
be n permanent county seat was
voted on at the election two years ago.
Ignite was declared the county seat
by a majority Of about 103. but the
canvassing board, on the recommends
ton of Attorney Bangs, threw out the
votes OF nine or ten precincts on the
u n a they were not cast at
the usual places" which we're desig-
mated by the county board at the pre-
cinct voting places.
Another litigation was decided, and
the Ease was tried before Judge Tenn
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 & Adamson,
Arthur LeSeur and Bosard & Twiford
and Dorr H. Carroll. all of Minot, were
associated in fighting the cases against
Mr.. Bangs.