Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1915-04-23
JAMESTOWN
TRIO LOSES
OUT IN court
BOARD OF CONTROL Is WIN.
DICTATED AT JAMESTOWN;
KNAUF-sEILER.BUCK CASE
CoLLAPsEs.
KNEEsnAIV DIsnISSEs ACTION
Jamestown Malcontents Made De.
cidedly Poor Showing Be-
fore Tribunal.
KNEESnlV DISNISSES ACTION

The board of control case is ended.
The IKnauf-Seiler. Buck charges failed
to hold water and the defendants mo.
tion to dismiss was granted by Judge
kneeshaW yesterday morning.
iP The action was brought by John
Knauf, OscarsJ. Seller and c. S. Buck
Of jamestown against r. S. Lewis,
F. O. Brewster and j. w. Jackson as
the state board Of control; w. ]. Cur
rem, contractor; Samuel Crabbe. as
state architect; Malcolm Sinclair as
steward at the hospital for the insane;
w. NJ. Hotchkiss as superintendent Of
the hospital for the insane; Carl o..
JOrgenson, as state auditor; and John
Steen as state treasurer.
The plaintiffs took the position that
no emergency existed and attempted
to prove that the diversion of funds
for building the new hospital build.
ings was contrary to the appropria-
ton bill passed by the 1913 legislature.
They introduced nothing new and
did not introduce as much evidence at
the trial as they did before the legis.
lative investigating committee They
did not attempt to prove any malfeas.
ance in Office on the part of the super
/ intendent or any of the employees pf
the hospital for the insane but con1p-
ed themselves solely to the leEAl
question as to the right Of the bgaf6
/ of control to make the, diversion nj
funds with or Wlthout the tim.
/ 0f the. enaeE8enE EN cpnltni issi0ns II HUH
Co5itfAct6t! on stand. ii 4 ifSEEi
One Witness sworn by the plaintiffs
was a local contractor who had never
built any hospital buildings and who
had never been inside the receiving
ward building at the hospital. This
man testified that he could build a
building OF like capacity for few
thousand dollars less but the plain
tiffs did not attempt to prove by their
witness that as good, as valuable and
as beautiful a building could be built
for less amount than the board Is
putting into this structure.
Demurrer 10 Flied. Wy
The attorneys for the defendants de-
INJURED to the complaint on two
grounds, namely: A39 2,
s(1) That the plaintiffs had no le-
gal capacity to bring the action with
out showing that they had requested
the attorney general to bring it and
that he had refused to do so. (They
made no claim and offered no proof to
show that they had requested the at.
torney general to bring the action.)
(2) That the complaint did not
state facts sufficient to constitute a
cause Of action.
The plaintiffs made no allegation in
the complaint, nor did they produce
any evidence to show that their tax
es would be increased in any sum
whatever by this action of the board
and they failed to show how either
, they, themselves, or the public were
damaged by the action of the board
or the emergency commission.
1T is a rule of law, the Tribune is
advised, that where taxpayer seeks
remedy by injunction he must plead
and establish. that his tax burden has
been increased, and, if representing
the public, it is also incumbent upon
him to show how the public interest
suffered detriment.
This demurrer was not passed upon
at the beginning of the trial, but was
taken under advisement by the court;
the court allowing all testimony to &C
in before -uiing on the demurrer.
Motion to Dismiss.
After the plaintiffs testimony was
all in the defendants attorneys NOV
Continued Oh Page Two.)