The evening times. [volume] (Grand Forks, N.D.) 1906-1914, 1913-03-03
CHARGES LAID
AGAINST ATT. GEN.
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than $4,000 which warrants wero
unlawfully cashed and paid nv the
then county treasurer.
. Inc county %treaslrers were
under bonds as were required by sec
lions 1913. 404 and 5O4 n. G.. 1905 md
such bonds were furnished as follows:
American Surety company. IS $4,000
Nortnern Trust company. $1,000
Us Guaranty l. Fidelity COM
Title and Guaranty com. i''000
(c) Such county t%reasurers and
thelr bonds as above %thereupon he.
came and were liable to Stark county
IN the mount of such warrants.
ld) Hence it became the duty
tsub: 3 Sec. 2494 r. C. 19O5) of the
states attorney of stark county to in
stitutc suits to enforce these bonds
and to collect from the bonding COM
, panies the moun Of such warrants.
te) And 1t also became of the duty
(Sub. 4 Sec. 1913 R.. C. 1860 of tho
attorney general Ito consult with and
advise the states attorney" of Stark
ounty In II and all matters connect
ed with such warrants and bonds and.
litigation which might grow out of or
develop therefrom.
~ T%hereupon Mr.. Mcbride, then
states attorney, entered into corre-
spondence with the attorney generals
office. consulted with one or more of
the assistant attorney generals and re-
ceiNed assistance and advice from that
office in said matters and the litiga-
ton, the bringing of. which was con-
templated to enforce the bonds.
CD Thereafter the commissioners
Of Stark county or a committee there.
OF, came to Bismarck to consult the
attorney general. personally, concern
ing the matter ~whereupon they. We're
advised by the attorney general that
such matters were not within the du-
ties of his office and that to obtain
his services the county must enter in
to the contract fSld make the payments
hereinafter set forth.
Chi Thereafter Il special meeting
of the county commissioners was call
ed for May 2. 1910. to consider the
ACCESSIBILITY of employing counsel to
assist the states attorney in said mat.
ter and the attorney general went to
Dickinson for the PIT pose of at end
ting said meeting and to procure the
action of the county commissioners
as hereinafter set forth.
ID No notice Of this meeting was
gwen 70 tlc SIdlS 8 dItOIilcy uOf WAS
he consulted as to the prospective ac-
ton of the county commissioners and
the attorney general. while the board
was in session with the attorney gener-
al present the states attorney was
called In and asked If he had any OBJ
jections to assistance by the attorney
general to which he replied of course
he had not.
ID The states attorney did not, at
any time. advise or consent to the en-
ployment of the firm of Miller & Cos
tello.
k) The minutes Of the board of
county commissioners for said meet
ing are as follows:
"At u special meeting held at the
court house on the 2nd day of May.
1910, called for the purpose of consid-
ering the advisability of employing
counsel to assist the states attorney,
in the collection of money paid by
the county on forged and illegal war
rants issued by former Auditor j. S.
White and the hoard. having. said mat
first advised, with States Attorney NJ.
L. Mcbride, 1t Is moved by A. Jopp,
and seconded by III. LeutZ, that the
firm of Miller & Costello Of Bismarck
he employed to assist tho states at
torney in all Of the civil cases to be
brought for the collection of all said
money SO paid n the states attor-
ney is hereby instructed to, witt. the
assistance of Miller Inc Costello, to
forthwith bring suit against former
Auditor J. S. White n his bondsmen
and such, other suits as may arise in
connection with and that for such
services 1t is agreed that Miller and
ices rendered the sum Of $500 as a
retainer. actual expenses and 10 per
n of all moneys recovered. Said
retainer, however, to he applied on
percentage of money recovered and in
event of no recovery then said $500
retainer, together with actual expenses
shall be in full of services rendered.
suits brought against h county for
the collection Of outstanding and I'M
paid unauthorized warrants.
Motion carried.
The auditor was instructed to draw
a. warrant to the order of Miller and
Costello for $500 as a retainer"
I. Thereafter the states attorney
the attorney general n with Mr..
Young. m Of the assistant attorney
generals and the summons and COM
plant were drawn and served and
the defendants appeared and answered
and h cases were placed upon the
calendar ZOE trial at the next (May
1919 term Of the district court for
Stark county.
.(m) There were four actions be-
gun and the complaints are upon pa
per bearing the printed heading as
follows:
"Ofice of the Attorney General"
Bismarck, N. D."
The covers of the summons and
complaint are printed Andrew Mill
er. attorney general: none of these
papers have the printed names of
"Miller and Costello"
(n) No. proceedings or work APP
bears Of record in the cases after the
service Of tho summons and COM
plants other than that in one case the
deposition Of Mr.. White was taken in
which deposition the attorney general
asked five questions only. other than
those required to elicit the name. resi-
>dence and occupation of the witness.
" Coz None of these cases came to
trial: all Of the cases were settled
without trial: in one case at least the
defendant stipulated that judgment
might be entered and the amount
thereof and none Of the cases We're
contested.
(p) Judgments were entered in IA