The Ward County independent. [volume] (Minot, Ward County, N.D.) 1902-1965, 1914-01-22
enter Up JUDGMENT
AGAINST SUPT. WARREN
JUDGMENT AND COSTS AGGRE.
GATE ABOUT $700-GENERAL
REVIEW OF CASE THAT HAS
ATTRACTED STATE WIDE AT
TENTION.


States Attorney Nestos will enter
up Judgment for $4O7 and $500 costs
in the famous County Supt. Warren
case Saturday. The following review
of the case as furnished by the states
attorneys Office will prove interesting
to our readers:
The witnesses for Ward county
were asked the distance from certain
schools to the City of Minot by the
route usually and ordinarily travelled
between such points. This evidence
was objected to by the defendants at
torneys and the objection sustained
by Mr.. Leighton, who contended that
the county, before they could recover
any mileage from Mr.. Warren would
have to show the exact routes travel
ed by Mr.. Warren from Minot to the
schools and back, and that Mr.. War
ren was entitled to charge mileage
for any route actually travelled BY
him, whether it was longer than the
route ordinarily or usually travelled
or not.
Mr.. Nestos on behalf of the county
contended that that would be impos-
sible to prove as only the men who
were in Warren's automobile and who
had an extraordinary memory could
possibly give such testimony, and he
further contended that it was fair to
require Of officials that in their travel
they should follow the routes usually
and ordinarily travelled, and not to
pay any extra mileage on the county.
Thereupon the county made several
offers of proof, among which were the
following:
cat this time the plaintiff offers in
open court to prove the following
facts by the county commissioners
and county surveyor of Ward county,
by the clerks of the school districts of
Ward county, N. D., and by one teach
er who taught in the schools of Ward
county during the period between
August l, 1910, and January 6, 1913:
What the distance was from the
city of Minot to the most remote cor
ner of, and also to each school in each
school district of Ward county, during
the period between August /, 1910,
and January s, 1919; by the longest
route necessarily, ordinarily and us
ually travelled between Minot and
such points, and that such distances
were less than the distances for which
the defendant charged mileage between
the same points as shown by the var
ious items Of exhibits l to 81 inclus-
i've, by total mileage of 10000 miles,
and that by reason thereof the said
defendant has been overpaid the sum
of S9,6O0.00 by the plaintiff for alleg-
ed mileage during the period between
August 1, 1910 and January 6, 1919"
This offer was objected to by the
defense and the objection sustained
by the court. l then made another Of
fer of proof as follows:
"At this time the plaintiff offers in
open court to prove the following
facts by the clerks of the school dis
tricts of Ward county; by the Coun-
ty Commissioners and County Survey
or of Ward county, and by the teach
ers who taught in the schools of Ward
county during the period between
August 1, 1910, and January 6, 1918:
"What the distance was from the
most remote corner of and from each
school house in any school district IN,
| Ward county to the nearest railroad
or town by the longest route necessar-
lily, usually and ordinarily travelled
between such points during the per-
iod between August l, 1910, and jan
uary 6, 1918; and that by visiting the
schools nearest to such towns from the
said town instead of from Minot that
the mileage actually and necessarily
! travelled by the defendant and his field
deputies would have been less than
that for which he received pay from
Ward County as indicated by Exhibit
to 81 inclusive by a total of $4,000
miles, and that by reason thereof the
said defendant has been overpaid by
Ward county in the sum of 81, 100000"
These offers Of proof were objected
to by the defendant, and the objection
sustained by the court:
The county introduced Warren's
bills in evidence, couple Of maps Of
Ward County showing the location Of
the school districts, the approximate
location of schools, the railroads, in
cluding the route through Drake and
Granville, over which the evidence
showed that the superintendent had
frequently charged mileage, even
when he went across the country; IN
troduced the teachers registers from
a great many Of the schools in the
south end of the county, and introduc-
ed evidence to the effect that when the
superintendent had come to visit the
school that he had come in his auto
from the north instead of from the
railroad towns on the south.
Having introduced this evidence,
and such other evidence rs the court
would admit, Ward County, the plain
4 tiff, then rested. The defendant then
made motion that the first cause Of
action which was that in regard to
the mileage, be dismissed for the rea-
son that the plaintiff had not intro
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