Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1915-07-03
TWO DECISIONS
ARE AFFIRMED

The following decisions were hand
cd down by the state supreme conrl
yesterday.
FROM eURLElGH COUNTY.
State Of North Dakota, Plaintiff and
Respondent,
r.. L. Kilmer, Defendant and Appel
liant.
Syllabus: ~ Section 10941. Com.
piled Laws of 1919, which authorizes
Imprisonment in case Of the non-pay'
ment CT the costs OF a criminal pros
ecution. does not violate either the
constitution OF the State Of North Da-
kOta nor that OF the United States.
f2) Section 10G28, Compiled Laws
Of 1913. provides that during each
term OF the district court al which
a grand jury has not been summoned,
I the states attorney shall file informa.
tons against all persons accused OF
having committed a crime or public
otfense and authorizes the filing Of
such an information and the trial OF
the defendant at such term, even
though the preliminary examination
was held during such term OF the
court, provided that a reasonable time
and opportunity is afforded for the
preparation Of his defense.
~ A witness whose name is not
endorsed or the information may be
examined on behalf of the state in q
criminal prosecution where it is
shown that the attorney for the de-
fendaLt was given due notice of the
states intention to call such witness,
and when prior to the filing OF the in
formation the prosecution, through it
was aware that such witness had
some knowledge Of the occurrence, it
had no knowledge that his testimony
would be in any way material TO the
Issues.
a. Where n is accused Of main
tanning q liquor nuisance at a certain
place, proof OF the issuance 10 such
person OF a government license for
the sale OF intoxicating liquors in
the town and state where such nuis-
ance is claimed to have been main.
tanned, is admissible, e. though
the premises described in said license
are different from those mentioned
In the Information, as ouch evidence
tends to show that the defendant WA
in the business OF selling intoxicat-
ing liquors.
~ The presumption that identity
Of names indicated identity Of per
sons will make admissible in a trial
for maintenance OF a liquor nuisance
a government license for the sale CT
liquor issued to a person OF the same
name as the defendant without pre-
liminary proof Of the identity OF the
person.
60 A certified copy Of the records
in the office Of the Collector Of Inter
nal Revenue relating to the issuance
OF a liquor license ig admissible In
evidence in a prosecution for main
tanning a liquor nuisance when prop
erly proved and such record is prop
eriy proved when there is attached
thereto q certificate by the Collector
Of Internal Revenue as to its correct
ness and authenticity.
ca A statement in a certificate Ct
the Collector Of Internal Revenue
which is attached to a certified copy
Of the record OF special tax payers
and registers Of his district does not
render the admission OF such record
reversible error because it states il
substance that the record shows TIE
issuance of United State special tax
stamps to the defendant, when TIE
record upon it's face shows the same
fact.
Appeal from the District Court Of
Burleigh County, Nuessle, J.. Prose
cution for maintaining a liquor nuts-
ance. Judgment for plaintiff. Defend
ant appeals.
Affirmed. Opinion Of the Court by
Bruce, j.
H. J. Linde, Attorney General, Bis
marck, and II. r. Berndt, States At
torney Of Burleigh County, Bismarck,
attorneys for plaintiff and respondent.
Mockler & Illness OF Bismarck, at
torneys for defendant and appellant.
FROM GRAND FORKS COUNTY.
Northwestern Mutual Savings & Loan
Association, Plaintiff and Respond.
ent.
vs..
Lizzie n. White, Defendant and Ap.
pellant, and John r. White, Inter
n and Appellant.
Syllabus: The Whites, husband
and wife, signed an agreement to sep.
arate and in accordance with this
the husband tried to con
vey to the wife property standing IN
joint names. This was attempt
cd by both joining in a deed to a
son, who in turn executed a deed to
the mother. Neither of these deeds
recorded until two years later.
In the meantime the wife applied TO
plaintiff for a loan upon said proper
ty in the sum Of $4,000, to take care
Of prior encumbrances to said amount.
In her written application she stated
the premises were her home
stead and that she was a married
woman. Being unable to obtain the
signature Of the husband, plaintiffs
agent conceived the plan OF having
the deed to the son recorded and tax.
ing the mortgage from him. This
was done, but plaintiff demanded that