Jamestown weekly alert. [volume] (Jamestown, Stutsman County, D.T. [N.D.]) 1882-1925, 1913-12-11
Wanted STATE7s I
PAY HAIL LOSS
LaMOURE COUNTY FARMER LOS
ES CLAIM AGAINST
~ STATE.
Effort to Recover Cash Bond in
! Barnes County Pig Case.

A case was recently decided in
the district court of this district of
interest to farmers who take out hail
insurance policies on growing crops.
James Good of LaMoure county,
brought suit against the state of
North Dakota, claiming a refund
from the state on hail Insurance loss
in the sum of $3.50. Notice of al
legged loss, according to the plant
.iff, had been given to the state hail
insurance department, and the de-
partment had notified two of the five
county commissioners, but they had
not at any time inspected the prop
erty or appraised the damage, and
when the matter came before the
state auditing board the claim was
&disallowed. This was some time af-
ter the money paid into the fund had
been distributed, leaving none in the
hail insurance account. Mr.. Good
claims that the state was generally
liable to him, because of failure to
appraise and allow his claim for
loss.
The court held that the claim of
the plaintiff arising under the state
hail insurance law is against the in
'Burance fund created by the law.
and is not general claim against the
state. 49,.
Atty. M. c. Lasell appeared for the
plaintiff, and c., L. Young for the
state. The facts in the case were
brought before the court by stipula-
ton on briefs.
Scheme to Recover Cash Bail Money.
A case of considerable importance
affecting the. future enforcement of
the prohibition law, and of general
interest to attorneys as we'll, was
recently heard in the Fifth judicial
district at Barnes county term of
court. A. R. Smith. a hotel clerk in
Valley City was charged With selling
liquor contrary to the state law, and
appearing in. justice court q bail
bond was fixed in the sum of $500.
Instead of furnishing the bond for an
appearance for a trial, the money
was paid in cash to the clerk of the
district court. Two terms of the
district court were held and the case
was not heard; the defendant had
left the state and could not be pro-
duced in court. At the third term,
held in January, 1913. after the ar
rest, the present states attorney
urged the trial of the case. The de-
fendant could not be found, was not
present for trial, but appeared by
counsel, and offered to proceed to
trial in the absence of the defendant.
The court ordered the sheriff to pro-
duce the defendant in court within
two days, and at the end of that time
the sheriff reported that Smith could
not be found in the state. The states
attorney moved that the bail money
be forfeited and turned over to the
county treasurer, and the court Or
dered such action. No further ro-
pceedfngs were taken until q few
weeks ago, when the defendant, who
had been in Montana, assigned his
claim for $500 against the county to
his father, J. S. Smith, who brought
suit against Barnes county to recover
the money.
The decision of the court was that
the defendant in a criminal action
cannot, while fugitive from justice,
recover his own bail money.
1t was claimed by the attorneys
for Smith, Messrs. Combs & Ritchie,
that the statute does not necessar-
ily provided for the presence of a de-