Grand Forks daily herald. (Grand Forks, N.D.) 1914-1916, 1914-09-23
|bOWBFLLS FINALLY
DECLARED WINNER
Takes County Seat Honors
in Burke After Long
Legal Fight.
LIGNITE'S
FAILS TO STAND
New Decision This Week
Ends Action of Great
Importance.

The Burke. county seat litigation has
been finally decided, according to no.
tice received by Geo. A. Bangs this
morning, of an opinion of the supreme
court handed down September 81, in
the case Of Dimond VS.. Ely, ct al.
The case thus settled was brought
by s. L. Dimond against the board Of
county commissioners of Burke coun-
ty to contest the result of the election
held in that county in November, 1910,
as declared by the canvassing board
by which Bowbells was designated as
the permanent county seat.
The total vote cast on the question
on the face Of the returns of the cleo
ton was 1898, Of which SAT were for
Bowbells and 935 Ignite, with 1856
scattered among four other candi-
dates.
Didn't Observe Law.
An investigation of the election re-
vealed gross irregularities in the Lig-
mite vote; in eight or ten precincts no
regard whatever was given by the
election boards to the legal polling
places but the votes were received by
them at different places in the pre-
cincts, in some cases many miles from
the legal polling places.
The canvassing board rejected the
votes from these precincts leaving the
result as declared by such board to
be 1873 votes for Bowbells, and 440
votes for Ignite, with IS scattered.
The Ignite supporters instituted
mandamus to compel the ~canvassing
board to nva the returns from the
rejected precincts; h original writ
was issued by Judge Goss but because
he was a candidate at the same cleo
ton for judge of the supreme court,
Judge Goss called in Judge Temple
ton to lea the mandamus case.
This proceeding was tried at Minot,
in February, 1911, and Judge Temple
ton in his opinion held the election
void in the rejected precincts.
Immediately Upon the handing
down of Judge Templeton's opinion the
contest was begun but it was held in
allegiance until after the decision on
the appeal from Judge Templeton's
judgment in favor of Bowbells.
An appeal was taken from Judge
Templeton's decision and in the fall
of 1912 it was approved by an opinion
handed down by the supreme court.
Thereupon these contest proceedings
meantime had succeeded Judge Goss
and by him Judge Buttz Of Devils
lake was called in to try the contest.
The contest came on for trial in the
early part of August, 1913, before
Judge Buttz at Bowbells; the court
room was crowded and there were
probably ESQ witnesses in attendance.
Judge Cowan and Mr.. Blood of
Devils Lake represented Ignite and
Mr.. Andrews of Bowbells and Geo. A.
Bangs of this city represented Bow
bells; h trial of the contest occupied
substantially two days at the close Of
which Judge Butte rendered his opin-
ION that the contest proceedings had
been determined by the mandamus
for all practicable purposes.
An appeal from the opinion of
Judge Buttz was at once taken to the
supreme court and was argued at Bis
marck on June IL, by Mr.. Bangs for
Bowbells and Mr.. Blood for Ignite;
the opinion just handed down by the
supreme court aff1rms the decision of
Judge ButtZ and in all probability
concludes the litigation.
This litigation is an out-growth of
the Ward county division proceedings
which began in the summe Of 1908;
the county auditor refused to put the
Renville and Burke county PROPOSE
ions on the ballot until compelled by
mandamus from the supreme court
so to do.
Long Line Of Suits.
A0SS VI NV lCluIllS DOLI
Renville and Burke counties were de-
feated; contest proceedings were in
stituted as a result of which the vote
OF n city Of Kenmare was rejected
because Of a failure to register prior
to the election; the supreme court
held this fatal to the vote in that city
and as a result both the Renville and
Burke county propositions received a
majority. A r~e-hearing was granted
but the final opinion Of the supreme
court was to the same effect.
Both Burke and Renville counties
were organized in the summer OF 1910,
almost W years after the election,
Mohall was chosen the temporary
county seat of Renville county, and
Bowbells the temporary county seat
of Burke county.
Geo. A. Bangs and Bangs & Robbins
of this city have represented Renyille
and Burke county and Bowbells in the
litigation.