Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1914-03-10

7 Y F-#FsT 'HG .hENHNH" .y 'MRNA 8.hEN .r..a..
sale of county lands involved the
provisions Of Sec. 1899, II. C. 1905,
authorizing the purchase of new
| county grounds in lieu of these al
ready had, and providing that the
old tract should not be sold until au.
thorization is first obtained by a
majority vote of the people of the
county, has no application to the case
at bar. The Taylor site is not &C.
quired in lieu OF the Wilson site, and
the provisions of this section do not
prohibit the requirement BY gift OF
many grounds from which the cpln-
missioners may choose n adequate
site.
7. All contentious of the respon'
dent Wilson that the board has act
ed without authority of law in pro-
curing the Taylor site are adjudged
not we'll taken and title is Quilted In
the county to the Taylor tract; and
as to the additional half block be.
longing to Wilson, adjacent to the
Taylor site, and the subject matter Of
this action in condemnation, title
thereto will be vested in the county
upon the county paying into court
for defendant George, w. Wilson the
value thereof, determined by the ver-
dict Of the jury to be 5000, together
with Wilson's costs and disburse.
ments of this action on trial and on
appeal.
8. The necessity of the taking Of
the land in question for such pub
lie use is established. The necessity
for the exercise of the power Of tax
ing was for the board and is not for
the courts to determine.
9. Defendant Wilson in the lower
court recovered a Judgment of dis
missal and the county appeals there
from and prevails. Held that under
Sec. IA of the state constitution, re.
curing full compensation to be first
paid the owner before the taking Of
private property for public use by
condemnation, the costs of this ap-
peal, as well as the costs of trial be.
low, are but a necessary part of the
ascertainment of the amount of dam
ages to be paid for the property TAX
ence respondent Wilson will re.
cover of the county his actual neces-
sary costs and disbursements allow
ed in that behalf by law, both on
trial and on this appeal. notwith.
standing the county prevails under
this appeal, a different rule from or
binary cases here applying under
Sec. IA of our state constitution. To
assess costs ITO "be first made in
money as "%ascertained by a jury"
within such constitutional provision.
10. Judgment ordered vacated on
the findings of the trial court con-
firmed and judgment and decree in
conformith herewith in favor of the
county as to it's right to take the
property in question on the payment
Of 5000. interest. costs and disburse-
ments to respondent George w. Will
son is directed to be entered.
(Syllabus by the Court.)
Appeal from the district court of
Mountrail county, Frank Fisk, ].
Reversed. Opinion by Goss, J.
Henry J. Linde of Stanley, and +.
r. Wyckoff, states attorney Of Stan
ley, attorneys for Mountrail' county.
Jones & Keogan. Of Stanley, attor-
1eys for defendants and respondents
On trial; and G%reenleaf Bradford &
of Minot, attorneys for defen-
iants and respondents on this ,ap-
peal.
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Frank Chance, "The Fearless
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