Emmons County record. [volume] (Williamsport, D.T. [i.e. N.D.]) 1884-current, 1915-10-21

Friday morning Of last week at
torneys for H. C. Lynn appeared
before Gov. Hanna and argued
motion to dismiss the removal pro-
ceedings. the main contention being
that five qualified REALTORS had not
signed request for the action and
that no bond had been filed.
The governors decision was with
held for the time being and will be
made sometime this week.
1t seems there is some mix.up in,
the way the complaint was pre-
pared and the Emmons county Of
fetal seeks to have the proceedings
dismissed on that ground. The
law provides that any five qualified
electors of tine county may demand
the action and it must be ordered.
Or, the governor himself may direct
the same. In the case of any other
official than the state'B attorney
in the county the states attorney
himself may require the action
without any other provisions.
In the present case affidavits were
signed by four Emmons county peo-
pie and by F. L. Watkins of Bur-
leigh county. superintendent of the
state enforcement league. How
ever, none of those Emmons county
people who signed affidavits were
asked by the state authorities to
sign request for the removal Of
the states attorney or for the hear
ing. Hence. they put up no bond
1t was their understanding that
their affidavits of fact would be
laid before the governor and that
from such information he would
ask for the hearing.
| One peculiar feature of the Lynn
motion was the fact that he alleged
that those who signed affidavits
were not qualified electors under the
section ofthe code governing such ac-
tions and yet in the same motion It
is asked that the costs be taxed
against these parties under the same
provision Of law. In other words,
1t j set forth in the motion that
those persons d. not come under the
la" # five qualified electors, and
cannot tie petitioners. and yet as Pc
titinners they should he held for the
C ,sts.
i The fact Of the matter in that
there is no provision of law for
such taxing of costs. Only after a
hearing has been held and the gov
ernor has decided that there were
no grounds for the action and that
it was not started in good faith has
he the privilege of taxing costa
against the petitioners should he so
desire. And even then it is not
mandatory.
| There ia no manner If means that
costs are chargeable against petit.
tioners or others at this point, for
there has been no hearing and 80 it
il impossible to determine whether
o 'nnt there was sufficient evidence
to show good faith of any nett.
TONERS.
Should it become necessary for
any five voters of this county to sign
a formal demand for the hearing Of
charges against the states attorney
and possibl. the sheriff bond in
the sum of three hundred dollars
would be executed. Then, after the
hearing had been held and the evil
ldence placed entirely before the
governor. it would be proper for
the states attorney to appear and
argue that the case be dlsmissed for
lack of evidence and that costs NOT
to exceed three hundred dollars
should be taxed against the five pc.
4 titioners. Then, and only them
could it be possible to 30 tax
1.-THE same. And only in the case
that there was nothing in the evil
4 idence to show that the charges
II ,v,ns< = ~. i 4